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>> rachel: good morning, 8:00 on east coast, wednesday, december 11th, two weeks until christmas. this is "fox and friends." daniel penny sits down with judge jeanine in a fox news exclusive since being acquitted in the deadly subway chokehold case. >> would you do it again? >> totally. all people, if they're in a position to help, should always help. >> rachel: the judge will join us this hour to talk about her exclusive sitdown with the marine veteran. >> todd: migrant surge at our southern border is largest period of immigration in u.s. history surpassing ellis island, thank you, joe biden. >> steve: new jersey officials looking for answers as mysterious drones swarm the sky at night. a big meeting at 10:00 this morning, we'll tell you what we

know coming up. >> lawrence: final hour of "fox and friends" starts right now. >> rachel: new york subway hero daniel penny is speaking out for the first time after he was acquitted in the chokehold case. >> brian: penny opening up in an interview with judge jeanine. >> lawrence: full interview is available now on fox nation. >> steve: we do have, however, a number of clips of things he told the judge, the judge will be with us in a little bit. he did not testify in his own defense, this is really first time he's spoken about what happened toim had. here is a sound bite where danny penny said had he not jumped up and did what he did, he would have had great regret. >> judge jeanine: what in you caused you to want to get involved? >> i'm not a confrontational person, i don't really extend

myself, this type of thing is uncomfortable. this attention and lime light is very uncomfortable and i would prefer without it. i did not want any type of attention or praise or -- and i still don't. the guilt i would have felt if someone did get hurt, if he did do what he was threatening to do would never be able to live with myself and i'll take a million court appearances and people calling me names and people hating me just to keep one of those people from getting hurt or killed. >> brian: he brought us back to the moment in time when he was sitting there on the subway, standing up and had his earpods in heading from his architectural clas class to the

gym. he heard screaming and saw panic and he had to act. here is what he thought at that moment. >> i was threatening to kill people, threatening to go to jail forever, for the rest of his life. and now where i'm on the ground with him on my back in a very vulnerable position. if i would have let go, now he turns -- >> judge jeanine: why is that a vulnerable position? >> if i let him go, i'm on my back, he can turn around and do what he said to me. >> judge jeanine: killing? >> killing, hurting. >> rachel: it was, judge jeanine was amazing in this interview, had gravitos on the willing side and daniel penny made a great choice in choosing her to tell his story for the first time

since the ruling. by the way, judge jeanine entire interview will be on fox nation, it is up now. watch the entire thing. we spoke with daniel penny's attorney earlier in the show, here is what he had to say. >> you are contemplating this malicious prosecution, how does this work? is this against alvin bragg? who does this go against? >> it goes against alvin bragg for the way in which he handled this case and ethical lines that were blurred. medical examiner's office, chief graham, for his involvement in the case. it is not breaking the law, blurring boundaries and failing to act in the manner expected because of your office. a lot of this came out at trial and it was clear there was fear if an arrest wasn't made and

made quickly there might be rioting in the streets and that may look very bad for district attorney alvin bragg. >> lawrence: couple things there. take the alvin bragg aspect of it. daniel wasn't even arrested. the cops let him go. the d.a. went in after protesters were out in the street. you cannot have a criminal justice system governed by protesters. you go to the medical examiner, which provided joke of a testimony. you didn't consider all the drugs in the alleged victim's system as way death? you didn't look at any of thats. and a forensic pathologist goes through the drugs and the sickle cell and the jury wanted more

information about that. i do believe that you got to go after prosecutors and agents that are part of the criminal justice system that were co corrupt. >> rachel: collusion with the medical examiner. what was interesting, brian brought up a lot about what daniel penny life was like. a good kid, marine, studying architecture, on his way to the gym, in the symphony. they dug in and couldn't find anything. the question i have, after he's acquitted, what happens to the average joe who maybe their path is not that great, like normal people and they try to help and be a good samaritan? would they have survived this kind of a prosecution? >> brian: great point and also with danny penny hes he swims, surfs and trains everyday and still had his hands full with

this guy. >> lawrence: he was strung out on drugs, too. >> brian: you don't know what he was on, there is no tomorrow. he said, i had my arms full. his arms were flailing back and forth. >> steve: here is the thing, keep in mind, when the story first came out, of course it was self-defense and that is the case they presented and the jury said beyond a reasonable doubt. he was defending himself and people on the train and there was legal defense fund in the millions able to be raised to help defend danny penny. the circumstances he faced that day last year exist to this day on the new york subways. i just watched a video, one of our friends on "fox and friends," a friend of hers sent her a video her daughter made two or three days ago. she's 20-year-old young woman riding the subway to new york

city. a young, loud man gets on the train and you can -- she's taping it, she's taking picture of the floor until he comes over and standing above her and she flips camera over and you can see the guy say and he's talking to her and her two friends, said, you should all die. you should die and you should be shot. that happened this week. it happens everyday. >> lawrence: it happens all the time. i'm sure members of the jury recognize that, they ride the subway and understand the transit system in this city. i will say this, something has gone wrong in the democratic party and the left. they used to be the party of justice, look at the fbi and criminal justice system, don't go after innocent people. now that is all they do. they are letting the criminals roam the street and want to make examples of heroes. i think average day people in

the country reject that premise, don't like that, don't like you going after heroes. the defund the police thing is a joke. you see police department surging with people, people need the police, see what happens when you don't have law enforcement on the subway. >> rachel: guess who takes subways and can't afford a car to pick them up with protection? the working clas take the subway and democrats have been out of touch, alexandria ocasio-cortez, congressional representative in this city who had the gall to say our subways are less safe because of people like danny penny. it is so detached -- >> lawrence: so dumb. >> rachel: yes, so dumb indeed. >> richard: maude moran is running against alvin bragg.

>> steve: go to foxnation.com, for the interview. if you have it, watch it. >> rachel: she's coming in. >> steve: double exclusive. 8:10 on this busy wednesday. fox news alert. suspected killer of unitedhealthcare ceo denied bail and flight risk because he's too dangerous. >> rachel: alexis mcadams joins us. >> it's been a week now since the ceo was shot and killed over in midtown manhattan and the suspect went from being silent to having a meltdown heading into court yelling grievances about the healthcare industry. watch. >> -- [screaming] -- american people. >> it is disturbing for a lot of people to watch this, including the victim's family. he doesn't seem like he feels

bad about what happened. cameras were rolling as luigi mangione created a scene. the guards were trying to push him along. he was held without bond. he is fighting extradition. mangione facing murder charges. on paper looks like a bright future, went to a private high school, ivy league grad, athlete, played soccer for years and was well liked. went to you upenn, had a degree in engineering. mangione had a backpack with him, he was inside mcdonald's eating a hashbrown, he had a gun and handwritten note talking about the healthcare industry, which police believe could be a possible motive. prosecutors believe it could be connected to this x-ray he

shared on his twitter, talking about terrible back pain. >> may have suffered a back injury. he was posting x-ray showing numerous screws in his spine, we are looking into whether the insurance industry denied a claim or did not help him out. >> he was waiting for the ceo brian thompson outside that hotel. investigators said he talked about other ways he wanted to possible kill a ceo linked to the healthcare industry. investigators tell me, he is going to come back and face charges. i'll keep you posted what hap happens next. >> steve: thank you. >> brian: let's bring in fred, thank you for joining us, i appreciate it. who is the kid you knew that is now a young man? >> good morning, thank you for having me on.

luigi mangione that i knew and many clas mates knew was hard-working, driven, social kid who had everything going for him. you will hear from his post-grad roommate, as well. this is a different person you are seeing in the headline and yelling in the arraignment, something happened in the last eight years. hes was nice, polite, driven, athletic. he was everything you could want in a high school kid. >> lawrence: freddy, did you see the change in him? did he start to become activist? did you see different posting, taking on the system? >> not really, i saw the post on his twitter after the fact. plenty of people get into ideology, that did not raise flags. >> lawrence: what was in the post? >> people have grievances with society and don't act on it,

that was not a red flag. given the circumstances after the fact it makes more sense. >> rachel: there are posts, he is endorsing right wing ideas and he got vaccinated and was climate activist and supported things that aoc said. do you have any idea what it is, any kind of contact with other people that from your school that have stayed in touch with him or follow him on social media? any clues among your circle of friends? >> among my circle of friends, not really. i wasn't terribly close with luigi mangione, it was a small school, we all knew each other. there really wasn't any -- not everybody falls into right or left bucket and his grievances seemed to be with health care

industry specifically. nothing i can remember. >> steve: freddy, i think you told a producer you think his action was politically motivated, little guy versus big guy mentality. in the last week, when that image of him pulling down the mask and with the eyebrows and car and stuff, did you for a moment, did you think to yourself, that looks like luigi? >> that is interesting, when something so large profile happens, i disregard it could be anybody i know, out of instinct. the thing i remember is his distinct, curly hair. all you saw was him with hat or hood on, that wasn't a connection i was making and italians in new york are a dime a dozen. it was not a judgement i was rushing toic ma, i brushed it

off, to be honest. >> brian: your school is elite school, reputation, so is university of pennsylvania. what is reaction amongst your c classmates? do you worry it reflects on all of you? >> it is natural for things to go back there and narratives to be tied back there. i don't think it is terribly fair to my school, to gill man /* /* gilman. there are hard-working family men. i don't believe there is a real justification in tying anything back to gilman. i know pr department has a nightmare on their hands. >> brian: what would you ask him if you saw him today? >> i would say, what changed, man? i wish we could get inside of his head, there is a lot to

learn about what he was thinking. >> steve: no kidding. freddie leatherbury joining us. >> rachel: this is a mystery. we had the other interview early this morning with the br broadcaster radio guy who knew the family well. everyones this does not align with who they know the family and kid to be. the money thing does not make sense. this is a wealthy family. you would expect someone who had beef with my insurance not being covered, none of this makes a lot of sense. we need to know what happened in the period his family said he was missing. there are way too many things that don't make sense. >> brian: my brother did the tufr field at that high school, not sure it helps the story. >> lawrence: always a kilmeade

in the story. >> brian: turning now to the border. look at this, new reporting this hour. we learn surge of migrants under biden administration is largest in u.s. history, 60% are illegal. >> lawrence: griff jenkins joins us with a look at the staggering numbers. what do you know? >> griff: good morning, this comes as no surprise to entire nation watching before their own eyes past four years of border crisis. fox covered it on the ground and from drones and now "new york times" is crunching government data realizing this may go down as biggest story of the biden administration. times took a deep dive into government data and found the su surge surpasses the great immigration boom of the late 1800s. number of people coming into the country minus leaving 2.4 million from 2021 to 2023,

according to congressional budget office and found total net migration during biden administration likely to exceed 8 million people. they write, that is faster pace of arrival than any on record including ellis island traffic when europeans came to the united states. their analysis did include legal and illegal immigration and 50% of immigrants enter without legal authorization. all of this comes as president-elect is set to hit the ground with a mandate on day one with a plan for mass deportation. trump says after mass illegal immigration, you'll need mass deportation. one thing for sure, even "new york times" is putting it front and center, this cries led to unprecedented numbers and found

when you look deeper, that the u.s. foreign-born population increased to over 15 percent, the highest on record ever. leave you with this, a sections what caused this, they write welcoming immigration policy during biden's first three years in office as the primary cause of the border crisis. >> brian: knock you over with a feather, what a -- did you circle that and say, no idea? >> rachel: so much insight from the "new york times," amazing. >> steve: clearly and you have covered this for years, clearly "new york times" trying to explain to baffled readers why joe biden lost and immigration was a top two issue. so many people in the country illegally and americans don't like it. >> griff: what is remarkable, "new york times," i would guess

really they realized where american people are and we saw that in the election results and i do think that the border crisis will go down in history books as the biggest story of the biden era. what is remarkable and i just got back from the border last week, is that you still have mayors that are saying they will not cooperate with ice and the feds when they go after the one million illegal criminal aliens that pose a public safety risk. yesterday in san diego county three out of four board of supervisors voting to go further in sanctuary policy than already on the books. quite something to watch. >> brian: massachusetts, too, they will fight trump every step much the way because it involves donald trump, not people of massachusetts or boston, so we'll see.

tom homan is going to take land commissioner's offer in texas and make those acres a place for illegals to be rounded up and support out. >> griff: we'll cover the logistics, it will not be an easy task. one thing for sure, the will is there and this is going to happen come 40 days from now. >> lawrence: you know, the story shows that despite all of the references they say is wrong with the country, people want to come to america, which is a great thing. frustration with americans, not just criminal element, a lot of poor folks here and people are struggling. illegals have become a priority versus american citizens that are already struggling. >> rachel: wages of working class have been suppressed because people coming across the

border are undercutting wages. >> steve: and "new york times" addresses this toward end of the story. oh, there is a problem, but high level of immigration have down side, including pressure on society, social services and increased competition for jobs. wage growth will be lower than it otherwise would have been for the next few years because of this. >> lawrence: would have been nice to get the report before the election. >> rachel: thank you. emphasis on 800% increase in chinese nationals. we talk about hispanics and venezuelans, china knows. we have this drone issue, we don't know what is going on. just in 2023, 24,000 military-age men were from china were encountered by border patrol. we don't know how many since then, we don't know what they're doing here, we know we have

problems and alejandro mayorkas, when i asked carlos giminez, who is one person other than joe biden, who is responsible? he said alejandro mayorkas, homel homeland security. the crisis he created along with joe biden, he can't protect us from drones or let us know what is going on. >> brian: trump 300,000 deported back. -- >> steve: lawrence said it would have been nice to have heard the story before the election. donald trump told us these things all the time. >> lawrence: true. >> brian: marine veteran daniel penny sitting for his first sit-down with judge jeanine pirro. she will join us next. >> he was threatening to kill people.

>> knowing what you know now, danny, if you faced the same situation again, would you do it again? i try to put my arm around any vet that i can. absolutely. at newday usa, that's what we're doing. we put our arm around the veterans. when i think of the veteran out there that needs to refi his home, he may want to purchase and we can help them and provide that financial solution for them and their families. it's a great, rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran

that makes this company so unique.

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>> lawrence: daniel penny acquitted this week, now in an exclusive interview on fox nation judge jeanine pirro sat down with penny, listen. >> he was just threatening to kill people. threatening to go to jail forever, for the rest of his life. now where i'm on the ground with him, on my back in a very vulnerable position, if i had let go now he turns -- >> >> judge jeanine: why is that a vulnerable position? >> i'm on my back, he can turn around and start doing what he said to me. >> judge jeanine: killing? >> killing, hurting. >> lawrence: about that interview, judge jeanine pirro. i found him to be very credible. i love you handled the interview like a prosecutor, asking direct

questions. why did you handle the interview that way, first of all? >> judge jeanine: i don't think you are can get away from who you are and america needed to hear and i don't know if this is the only interview, it may very well be. they needed to hear from an objective viewpoint what penny was thinking, why he did what he did. i took him through every part of the case from the morning he woke up until the end of the trial. i had met daniel once before through his lawyers, we had a bit of rapport. he is reluctant to get involved in a discussion. he does not want the lime light. he's showed incredible stoistoicism. i had not seen him smile until

second time i saw him. the book was thrown at him and yet he stood up. the biggest question, knowing the hell you been through for year and a half, names you have been called and threats will follow you for the rest of your life, would you do it again. >> lawrence: here it is, watch. >> judge jeanine: will you take the subway again? >> yeah, and i have been. i believe in new york, i love new york. >> judge jeanine: knowing what you know now, danny, if you face the same situation again, would you do it again? >> yeah, totally. i would not be able to live with myself if i didn't do anything in that situation and someone got hurt. i would feel guilty for the rest of my life. and i think i'm in a position and all people if they are in a

position to help should always help. i think that is the new york thing to do, the american thing to do. and yeah, i would. >> lawrence: tell you, i was surprised by his response. until he gave his reasoning. he said he would feel guilt if he did not step in. consider all the things he went through and to say he would feel guilty for not stepping in. that was incredible. >> judge jeanine: he had training of a marine and courage of a lion. he was someone who is going to take care of those children and you have to see the whole interview. he just blee me away. i've done many trials, interviews, this was an individual so different from run of the mill. he is humble. he thinks that he's serving people. he's willing to live with it and do it again. what is so amazing, he knew the

injustices that started from the get-go. al sharpton comes to town and says this is about race. it wasn't about race. the people on the subway car he tried to protect were black and hispanic, the people on the jury were all races, people who helped him hold jordan neely down were black and hispanic. people like alvin bragg, it is time to say goodbye. you are a political prosecutor. you ruined this man's life and it is time somebody brought civil rights violation or investigation against him. >> lawrence: judge jeanine pirro has the exclusive interview. find her on "the five" everyday. latest inflation numbers released in the midst of holiday shopping season. jolly dons he will make christmas affordable again. s h

christmas affordable again. s he christmas affordable again. as h christmas affordable again. yss christmas affordable again. he christmas affordable again.

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personal finance expert rachel cruz joins us live. new number is out, stuff costs more, be smart about it. >> you do. feeling pressure from even last year going into debt. do not go into debt for christmas. create a budget, figure out how much you have to spend. put names, dollar amount and spend what you have planned. take holiday inventory, if there are subscriptions you are not using, or traditions you do, as well. >> steve: next remember importance of contentment. you need to be organized, write a list and say, okay, my neighbor linda is a $25 gift.

it is so cold-blooded, break people down. >> it sounds terrible. you have a plan and you're being proactive, emotions take over. we see sweet linda and want to give her everything, but we don't have the money. >> steve: knowing you, i bet sometimes you make gifts for people, my wife and i give christmas cookies. >> honestly, great way to save money. >> steve: the most expensive thing for us is our money. >> being able to find margin, great savings that way. >> steve: you can share your new book. >> yes, glad when you can share, the third book, final book of my kids book, about generosity, gratitude and teaching our kids that. >> steve: as grandfather of two

almost two-year-olds, book is sturdy and chewable. thick pages. i am keeping this know wo. >> i want you to. i'm sharing it with you. >> steve: seasons greetings and merry christmas. happening today, tony blinken testifies over botched withdrawal from afghanistan. come on in, how are you? for god so loved the world that he gave his only son. so that everyone who believes in him might not perish, but might have eternal life.

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>> brian: today secretary of state blinken is set to testify in president biden's botched afghanistan withdrawal. todd piro joins us now. >> todd: secretary blinken will ap appear, 7 billion of u.s. military hardware ended in hands of the taliban and 13 u.s. servicemembers were killed. we spoke with the father of kareem nikoui and congressman mcco mccormick. watch. >> i don't expect any great answers from secretary of state blinken, he's been avoiding this

and know it has poor policy, this is worst foreign policy, admit what we did wrong and not repeat the same mistakes. >> the fact he is in threat of being held in contempt, not that he's doing something toward goodwill, he's forced to do it. >> todd: the hearing begins at 10:00 a.m. >> brian: hope he will answer the questions. go outside to janice dean, she's a senior meteorologist. >> janice: thank you, brian. it is raining and going to rain across northeast for the next six to 12 hours. we could see wind gusts and watching the fires. could see winds kick up throughout the day today. better conditions thursday and

friday. prayers to firefighters, brave men and women battling wildfires. my friends, going to be messy today, rain along the coast, int interior section snow. you know things will be rough at the airport and lake effect snow up andun aring after 70 inches of snowfall. more of the same to come. i think i'm tossing back to steve doocy, see if i'm right and win the big prize. is it steve? ding, ding, ding, ding. >> steve: we are 14 days until christmas and counting down with "fox and friends" advent calendar, today is 12/11 and today this is the best gift ever, the faragun, relieves aches and reduces tension, eases

st stiffness. you can use it all over, it is very handy and fantastic. everybody in the studio wants this. i'm going to hang on to it. my wife might get a second one. if you would like one go to therabody.com. dana perino joins us now. these are great. >> dana: i have a mini-one. thanks, lj, i heard that. [laughter] >> dana: sun comes up during our first hour in malibu, we'll have an update. daniel penny declared not guilty, judge jeanine pirro will join us. mysterious drones over new jersey getting national attention. my dad reached out to ask if i'm okay, how can authorities know nothing. the man arrested for one of the two assassination attempts on donald trump is in court this

morning. so much going on, we'll see you at 9:00.

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>> brian: mysterious drones still flying overmade in new jersey. governor murphy is set to meet with security officials this morning. >> ainsley: they're calling on murphy to declare a limited state of emergency and be at today's meeting. >> representative, thank you for joining us today. what do you expect to get out of this meeting? so far we have gotten a lot of non-answers. what can you do to demand on behalf of the residents of new jersey some real specifics about who is behind these drones? >> unlikely we get more information. all of these drones should be grounded until we know where they are coming from and what their purpose is. the reason i call for a limited state of emergency is we do that in a snowstorm the day before the snow. here is a situation where people are worried about drones flying over their houses and military

bases and there seems to be no answer. my concern is two-fold. one, if the government doesn't know, that's pretty scary. if they do know, and there is no transparency, that might be worse. >> brian: john, why did it take so many weeks to get the governor's attention on this? >> i think people at first thought it was a fluke, right? you see a couple drones, you don't make a big deal of it. then you see 50 drones coming from the ocean area and then people say wait a minute now, this is no joke. if this is done by a foreign country or done by private citizens, we need to engage that immediately. so i think at first people thought it was either a joke or not a very important. now the f.b.i. seems not to have any answers so that's why we're having meetings today at 10:00 at the rock. >> you don't believe there are no answers. just follow the drone to see where it lands. >> all i can tell you is if the

federal government doesn't have an answer, we should all be worried. if our military has no clue what drones the size of cars are flying around in jersey, i can tell you right now if there are martians in the drones they aren't staying in michael jackson. our taxes are so high. you don't have to worry about any of them living here, guarantee that. >> we sent $50 billion to ukraine. our government is asking for a defense bill tonight and they can't let us know what's going on over new jersey. it's really frightening. >> brian: thank you for joining us, we appreciate it. in the u.k. -- you have an important prom owe. >> we can days at 4:00 p.m. eastern on the spanish fox station. >> brian: see you on the radio. >> bill: good morning. we watched a courthouse coll amity play out in realtime as th