>> steve: it's 8:00 on the east coast, tuesday, december 10. lawrence's birthday. welcome to "fox and friends." >> ainsley: happy birthday. >> brian: national holiday. behind bars, the jail where that ivy league grad with a masters degree is being held charge inned murder of the unitedhealthcare ceo. >> ainsley: crazy you can print out a gun. firefighters raging overnight in malibu, flames explode over 1800 acres. >> lawrence: drone scares, lawmakers hold a major hearing and reps from n.f.l. will be there discussing fan safety. >> steve: final hour for "fox and friends" for lawrence's birthday starts right now. >> lawrence: buck up, we begin with a fox news alert, suspect in the killing of unitedhealthcare ceo has been

arrested in pennsylvania being held at a jail in huntington, pennsylvania. >> brian: alexis mcadams has been covering the story. surprise we found him in altoona. >> that is right, came from a 911 call from a worker of mcdonald's. the manhunt ending at that mcdonald's in altoona, pennsylvania. luigi mangione is facing murder charges. the 26 year old was cuffed and walked into the police department overnight. he is looking at the media and a lot of cameras captured his every move. a judge said he could be

extradited to new york city for murder. mcdonald's employee spots luigi mangione in altoona, pennsylvania. that person called 911 to report sighting saying, i think i recognize the guy in the wanted pictures, his eyebrows and his eyes. mangione was wearing that mask when officers pulled up and asked questions. they said, remove your mask and questioned the 26 year old who started shaking visibly when they asked him if he was in new york. he handed over a fake id. mayor eric adams has been thanking the officers. listen. >> hi, tyler. tyler, we appreciate it, you did

a great job, took a dangerous person off the street. happy to do it, i can't say i was expecting it. >> keep your eye out and that is what the worker did and the authorities. >> lucas: faces charges of second-degree murder and po possession of a looded g loaded gun. he had a backpack with him and there was a handwritten note talking about his severe b backpain and talking about the healthcare industry. the maryland native went to expensive prep school. they read this, pairasites had t coming, i apologize for strife and drama.

this is who was killed, a dad of two who worked for unite unitedhealthcare, he was shot two times. he leaves behind wife and two kids. josh shapiro making sure people do not think he is a hero. in dark corners this hero is being hailed a hero, he is no hero. the real hero is the person who called 911 at mcdonald's this morning. >> josh shapiro letting everybody know how he felt about some abhorrent behavior of people who thought this guy was anything but a murderer. his manifesto condemned healthcare system unitedhealthcare insurance

giant. one quote was he called them parasites, he said i apologize for strife and trauma, you think, as i kill your father and h husband, i apologize for that. went to upenn and seems to be a different person now. >> something changed, you can listen to him at prep school in maryland, he talked about getting out in the world and make a different. he had a bright the future, he was intelligents in the clatsz room and now looking to spend life behind bars. >> steve: people are doing a deep dive on his online profile and i believe w"wall street journal" look at reviews he wrote on books he had read, he gave a book about unibomber manifesto four stars. we don't know why, if this guy

is the guy, right now he is still the alleged shooter. it is interesting, when you look at his online stuff, his x account, formerly twitter, features x-ray of someone who has gone through spinal surgery. people who knew him say backpain affected all parts of his life. 26 years old, was he just kicked off his parent's healthcare insurance. deny, delay, depose on the bullets. a lot of clues we have not figured out. >> he had written on social media about severe pain. he used to be a good soccer player and was active in hawaii, hiking and doing things and kept talking about how his back hurt

so bad and the hospital, it wasn't the doctor's fault, the insurance company denied his claims. it is disturbing so many people are cheering on the gunman and saying he needed to do the job. >> lawrence: i worry about that, you cover crime, i cover crime. not only people celebrating this guy, his plight, people upset with the healthcare industry. people find him sympathetic. if you get deeper and allegation about backpain led him to this. i'm concerned a jury, there is someone that can relate and would let a guy like this off. never seen this before. >> the investigation continues we saw divers in central park searching for the other backpack that had monopoly money in it

and backpack in altoona, that backpack had a weapon in it, they don't know if that is the weapon used in the shooting, did he have other possible victims? we don't know. >> ainsley: hard to believe you can do that. he lived in a co-living community in honolulu, residents said he had chronic backp pain. here is a college roommate or someone from hawaii. listen to this. >> unfathomable, knowing the kind person i saw in him. he said he had a back issue was hoping to get stronger in hawaii. he knew there was impending surgery. >> ainsley: is that what caused him to snap? so much pain? now he'll be sleeping on bed in prison, the pain will be worse. >> they have him in a holding cell, possible a federal

lock-up, charges from printing a gun. he will have problems down the road. did his family, did anybody recognize the pictures? how did guy in mcdonald's say, i think i've seen that man and the family did not. >> lawrence: our stage manager, chris, said why not first degree? it was premeditated judging by the manifesto. do you expect more charges? >> i think it could change, that is what they got him on now, they don't want it to get to court and have this flipped. they charged him with that for now >> did he want to get this specific ceo or anybody that was coming in and out that day. >> steve: the thing about ghost guns, i remember from the debate, they would be hard to detect in x-ray members, you could take them on an airport.

you can look onesline and print one up. he was at upenn studying comyou puter scie nce. >> ainsley: not the type of guy we would expect to do this. his parents and grandparents opened real state company, country clubs, went to private prep school, gilmore school. thank you, great job. house lawmakers are holding a hearing this afternoon on safeguarding the homeland. >> brian: drone mystery continue with large drones flying low over homes and towns. >> lawrence: madeleine rivera is

live in washington with latest. >> madeleine: good morning. potential threat of drones, a conversation become more urgent because of drone sightings in new jersey. here is a congressman hosting the hearing today? >> the public deserves answers and if we can't explain something and especially if certain uav's or drones or small quad craft are flying over military bases, we need an appropriate answer for them. >> madeleine: witnesses are dhs and fbi officials, n.f.l. security chief is expected to testify, they want congress to expand authority to destroy drone if they threaten critical infrastructure, airports, naval bases and stadiums. this was scheduled before the drones were spotted, now that issue will be part of the

hea hearing. investigate, assess and address the situation immediately. new jersey governor phil murphy says they are taking the drones seriously and insists they pose no risk. >> we are most concerned about sensitive target and critical infrastructure. we have military assets and utility assets, one of the homes of president-elect here. >> murphies he's been in touch with officials hoping to get more answers soon. >> steve: doesn't it strike you as odd there are sightings of what could be national security issue and governor of new jersey is going, don't worry about it? >> madeleine: yeah, hopefully we'll get more answers, i'm from new jersey and it's been a topic of conversation, they are

concerned wondering where this is coming from. >> steve: that is not a drone we hear behind you, that is a leaf blower. >> madeleine: i know, it is loud, too. i'm talking loud. >> ainsley: yesterday mayors said these drones are massive, size ofs the front of your car. if they lose their charge, concern is one would fall out of the sky and could kill someone. >> brian: there will be hearings today, what do we do, start shooting? they are not violating air space or doing anything illegal. >> ainsley: just recording everything happening in your b backyard and home. >> brian: you kurt said this about the drone surge. >> rule out consumer drones.

the little ones, probably not that kind. reports say this is larger. is it surveillance? is it a foreign entity? it is precursor to what is coming throughout the country. one day soon, skies above our houses we thought were quiet and would hear birds chirp will be zinging with drones. >> lawrence: regulated by federal government and much like commercial flights, they have to register and manifest and talk about the area they are surveilling. they know who the people are, if they say they are legally in the sky. if the government wanted to bring the drones down, they could, they have the technology. they the must think it is totally fine. >> steve: federal government has capacity to know where the droe

take off from and land. what is troubling and i see them in the night sky in new jersey over our house, they will make a perfect 90-degree turn. they are going up and down grids. it is probably a delivery service doing a dry run, if it is, just say this company is practicing. if they are practicing delivering things would they work out with the homeowner, we will drop something in your front yard. who is to say it will be there when you get up in the morning. >> ainsley: mayors want to know the truth, if they are testing delivery services, tell us that, they are worried they could come from china or military installation. is there a nuclear facility there? that is scary. >> brian: five choices, tell them to pick one. ainsley gave you five choices,

just answer it. or guess do educated guess. >> steve: maybe it is not like a package or product thing, maybe it is uber eats. >> ainsley: maybe it is santa. >> steve: maybe it is. holy cow, santa has a drone. >> brian: 60 after the hour, carley shimkus has news. >> carley: big news, fox wildfire alert mandatory evacuation issued in malibu. fire growing to 1800 acres. city of malibus the flames jumped pacific coast highway and threatening structure near malibu >> peter: and reaching outskirts of pepperdine university. students and staff are sheltering in place, university posting worst of the fire has pushed past the campus.

an arrest warrant issued for a person that left a mother hurt and her son dead. he is wanted for murder and robbery, a group of thieves stole the family's car, which was found, officials are offering $the 5000 reward for information leading to arrest. pete hegseth is revealing what the president-elect told him should be his goal as defense secretary. >> i'll say what he told me, return the pentagon to war fighters, get in there and clean out politically correct garbage and get back to lethality, war fighting, meritocracy and re readiness. pete hegseth will have meetings today on capitol hill. and after making gains, republicans are looking to flip

historically blue new jersey red. founder of early vote action scott presler joined us to discuss how it could be done. >> you will see us at the beach and getting votes. if every trump voter that came out in 2024, if you commit to vote on tuesday, november 24, 2025, you have power to flip that new jersey governorship from blue to red. >> carley: another election, new jersey has not voted for a republican presidential candidate since 1998. political winds are changing. >> steve: they are. chris christie won a couple times there. inun 22, phil murphy beat the republican by 3%. >> ainsley: and mcdodonald trumd better in new york than i thought he would.

>> brian: straight ahead, daniel penny is a freeman this morning. is this case the last straw for new yorkers? are they that fed up with manhattan d.a. alvin bragg they will kick him out? we'll discuss it.

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>> lawrence: a fox news alert, 26-year-old luigi mangione charged in murder of unitedhealthcare ceo brian thompson after being caught at this pennsylvania mcdonald's. the maryland native caught with a manifesto that mentioned unitedhealthcare by name and read, these parasites had it coming, i apologize for any strife and trauma, but it had to be done. maude is here to join us right now. tell me, when you look at this case right here, what do you think was the straw that broke the camel's back and they were able to identify him, was it eyewitness accounting? >> there has byeeen good police work in terms of collecting evidence and getting photos out there. there has been good police work

all around. >> lawrence: do you worry about some being sympathetic with this guy, talking about a back problem, his roommate talked about and widespread condemnation of the healthcare industry and people celebrating this guy. >> i understand completely people being fed up with healthcare and insurance and the industry that does not work for people, that is issue from broad daylight murder in time square, every person should condemn. >> lawrence: talk about the daniel penny case, acquitted finally. it could have went a different direction. the jury comes back, i thought there would be a constellation charge, it looked like they were frustrated. i've been in the courthouse and had juries the out many times,

you never know what is going on. they took it seriously, by length of deliberation and got it right. daniel penny should not be convicted of any crime, what he did wasn't criminal. >> lawrence: talk about this race, you are taking on alvin bragg, this case should have neverbeen brought in the first place. criminals are back on the street as result of him not prosecuting them, why does he need to go? >> alvin bragg came into this office with his day one memo, which was wrong in many different ways saying he would not prosecute existing arrest and treat certain felonies as misdemeanor, which is not his role. legislatures what the crimes are. he's going out, ending his term with this daniel penny case, this is his legacy, trying to prosecute a man who served his

country honorably and had no record. he was a brave young man trying to protect people on the subway. >> lawrence: maude marin, thank you. mysterious drone sightings continue, one experts call it a serious warning sign for the rest of the country. that is next. retch your budget. that's why we offer a free select tool when you buy select tools and batteries from our top brands. so, perfecting the holidays... oh, you're good. is easier than ever. lowe's knows how to help you holiday. total beets, america's best selling beats brand, is available at walmart. total beets blood pressure support soft chews contain a key ingredient clinically shown to deliver two times better blood pressure support.

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>> brian: today on capitol hill house homeland security, after mysterious drone sightings over new jersey and governor murphy is sounding the alarm. >> these are very so fphisticat,

minute you get eyes on them, they go dark. we have president-elect's home here, this is something we're taking seriously. we've gotten good cooperation but we need more. >> brian: co-director of global strategy group is testifying on the hill today. what is your sense what is happening over new jersey? do you recognize the drones? do the models ring true to anything given an idea of their mission? >> well, it is quite a mystery, few people know what is going on. i suppose best way to put it, it is not a surprise. i watch drone deployments happening, this ises part of high-tech. what you see here in new jersey, best i can tell is what is available to almost everybody, whether nefarious state actor or an individual, we have to

realize what is happening with drone technology is here to stay and the u.s. defense establishment need to get ahead of this curve before it falls far behind. >> brian: drones hit ukraine and russia on a daily basis, what if they hit us? is would we be capable of stopping it? >> we are not ready to fully embrace what is happening with drone warfare and i don't think that we're prepared for it. we're very much set toward a pearl harbor type of moment and perhaps god willing, what is happening in new jersey is a bit of wake-up call. doesn't seem to be harming anyone, perhaps this will rattle cages to address this threat? >> brian: is objective to take it down with radar by jamming it or blowing it up? >> so many ways to do this.

in ukraine, jamming thing is certainly a possibility, just we're in an arms race in technical aspects and warfare jamming space. there is no simple solution. one lesson from ukraine is that we need to enable entire defense sector and tech sector to innovate wildly, to tinker and experiment freely and come up with viable solutions to the threat. >> brian: they mate have 2025 c contest to come up with drone defense and put high-tech firms up against each other and have huge financial reward for it. is that the right path? >> i think so, american in ingenuity is one of our best assets and we need to tap into that reservoir and tear down thickets of red tape with procurement.

we have to allow americans to address this threat and save american lives. >> brian: what is your message on capitol hill today, whether they call on you or not, what is message that you will bring? >> very much same message, my message is that look, i've been there, been to the front line and seen how drones are getting deployed and seen future of war fare. most americans think extreme expensive legacy system will carry the day in peer to peer combat. we have to get ourselves onboard with new revolution of drone war fare as soon as possible. >> brian: thank you, good luck today, we'll be listening and watching. fox wildfire alert. wildfires rage across los angeles county doubling in size, a live report is next.

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>> steve: we are back with a fox wildfire alert. those are live pictures from the west coast. thousands in malibu under evacuation orders. wildfire has doubled and

exploded in size, growing to 1800 acres. the wildfire reaching outskirts of pepperdine university, students and staff are sheltering in place. we have live team coverage. janice dean is tracking the wildfire at fox news. we have william who is at the fire scene in malibu. william. >> good morning, we are about a mile from pepperdine. it is actual ly right over my shoulder. keith will give you some shots. this fire broke out around 11:00 local, 10 acres and now it is about 2000 acres. he'll pan across. it is not daylight yet. this is 27 miles long and a mile wide and you can see spot fires up in the mountains, we don't know how many structures or homes have

been lost. we have 600 firefighters on scene, seven helicopters. 45 mile per hour gusts last night. all the power went out yesterday 6:00 p.m., cut off by edison and 11:00 last night it was blowing hard. you see a palm tree in thes distance going up, there is a lot of vegetation. this is late in the season to have a santa ana wind like we are having now. typically they end by thanksgiving and two weeks later and we are getting fire. i'm half a mile from the ocean we have 7% humidity, that is high desert. it is remarkable, difficult for firefighters we have 600 right now and more on the way. good news is this is the only

fire right now in southern california. they can dump res sources in here, there is a lot of valuable property here. i'm in the parking lot of malibu public library, if you have been here, this is commercial center. they are doing everything they can to protect this area as well as pepperdine, 2000 students sheltering in place. steve. >> steve: my wife went to pepperdine. so for shelter in place, those kids in dorms, apartments, or whatever, they can get word from administration, but same time, all you smell out there right now is the smoke and it is scary. >> yeah. it is. you are right, for students not from california, i'm sure they are very scared. this situation, with the w woolsley fire five or six years

ago, pepperdine had visiting students there. one problem, steve, is water pressure. it is a rural area, if you know it. they putz a lot of resources to protect pepperdine. the fire is you have moving toward santa monica, more than pepperdine itself. hills above malibu, a lot of fuel up there and million dollar homes like that. you know, 5-10 acres at a time. spot fires are going up. the embers are pushing ahead of this fire quite a distance, about half a mile. it is like a snowstorm of embers. that starts small fires and they get out of hand quick. >> steve: they do. thank you. janice, they get out of hand because of the wind. >> janice: yes and it will get

worse, listening to william, fire moved across the highway to vulnerable, beautiful areas around malib dangerous situation, national weather service deemed this a high risk area for risk. today will be worst day for southern california. wind gusts 70 to 80 mile per hour. wind gust in excess of i 30 or 40 mile per hour, it will explode over next couple of hours and this is peak fire season, december into january is when we see the high pressure across the west. santa ana wind going through canyons and valleys, heating things up and potential for wildfire danger. i'm sorry, steve, i think this will get worse before it gets better. my husband is a firefighter, i called him this morning and he

said, you can't talk to me about firefighters, i have no idea how they handle it out there. prayers for firefighters taking their lives in danger to save others. >> steve: carley joins us with news. >> carley: house republicans will hold a hearing how open borders pose a threat to law enforcement. patty morin will testify, her daughter rachel was sexually assaultd and murdered last year atz the hands of an illegal immigrant from el salvador. there are discussions of deportation plans. tiktok filed moition to stop banning of the app. the china-based anticipate will be banned on january 19th unless the company finds a new owner. tiktok says it would koftz creators and small businesses

1.3 billion in the first month alone. there are 170 million tiktok users in the united states. it is the most stressful time of the year. ♪ ♪ [screaming] >> happy holidays. >> carley: new study by university of oxford, british grocery store finding christmas federal shopping to be stressful. long lines, big crowds and empty shelves drive up heart rates. when you enjoy christmas dinner, you know it is over and shopping is done. >> steve: if you're lucky. thank you. >> brian: where is she? >> ainsley: upstairs. >> steve: upstairs. >> lawrence: miss you down here.

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i wanted to say hi to my friends. where are you from? >> massachusetts. >> i have friends from mississippi. where are you from? >> mississippi. >> high school trip? >> yes. >> having fun? >> awesome. thank you for coming. all right. let's go over here. where are you from? >> virginia. >> here we go. >> orlando, florida. >> cincinnati. >> mississippi. >> we did it, ainsley. over to you, great crowd, mornings are better with friends. >> ainsley: thank you so much. lots of people visiting. a former democratic stronghold in texas flipping red for the first time in 100 years. look at those numbers. our next guest is a long-time democrat and top elected official in laredo. he says his party is leaving behind texans. he joins us now with a big

announcement. >> good morning to my "fox & friends." merry christmas. >> we're glad you are here. judge, why are you a democrat? >> well, that's not really the question. the question should be it's been -- i've made a decision after careful thought and prayer and discussions with my family, and community. over the years i've watched the democratic party shift further and further to the left and leaving the values that i hold dear to my heart. i have always been a conservative and the radicalization of the national democrats pushed me away a long time ago. for that reason i'm proud to announce today i'll be leaving the democratic party and joining the republican party and proud of that. >> ainsley: very good, judge. a lot of people in your area might say it is only because donald trump won in your area you are doing this to win the next time around. what would you say to them? >> people think of others the way one thinks. i get it. it is just the way it is. but unfortunately we've been --

i have moral compass and i cannot answer for anybody, let anybody know what they want to do. for me i've been seeing it go further and further left. we need to have border security is a little bit more. oil and gas industry has been threatened here in south texas. then to be able to see everything that's going on from our -- the woke movements from the boys playing in girls sports and what not. listen, it is something that i had to do. something that is dear to my heart and i have a moral compass i need to continue moving forward. >> ainsley: i used to live in san antonio. it doesn't fly in texas. what is the reason donald trump won in your area? is it the border? >> absolutely. a lot of the people here -- when we look down here in south texas our democrats really are not the same as national democrats. we're very conservative for the most part. i think everybody started to understand and realize what was going on these last three to

four years, to see what's going on at the border and everything like that. as a county judge it was a huge effect on us. not only financially but burden and security wise to secure our borders, too. i think with donald trump and what he is going to do and some of his initiatives, i think it is going to be good. >> ainsley: judge, thank you so much for coming on. congratulations. i hope you get a good response from your constituents. god bless you. >> god bless you, merry christmas. >> merry christmas. daniel penny, exclusive interview. he could interview with anyone an he chose judge jeanine pirro. we'll see the entire interview on fox nation tomorrow. everyone have a wonderful day. god bless you. we'll see you tomorrow. >> bill: thank you and we got new details on the