do you expect the trump team to do in response to this? can they appeal it? what happens next? >> i don't think they are going to have a lot of luck appealing mess. i think the appellate court is going to want to see what he rules because if he comes down with a sentence that doesn't find the president, that a lot of the constitutional problems fade away. >> so you expect that we will see the sentencing go through? we will see a sentence? >> they may well appeal this, but the odds are always in favor of trial judges. >> okay. >> holding the hearing. the appellate court like to see sentences finalized so that they can review the case -- >> okay. jonathan turley, thank you so much. that is "the story" and what a story, friday, january 3rd. as always, "the story" goes on. see you again on "fox news sunday." >> the honorable mike johnson of the state of louisiana, having

received a majority of the votes cast, is duly elected speaker of the house of representatives for the 119th congress. [applause] >> after a dramatic battle for the gavel, speaker mike johnson is in, swearing in members of the 119th congress. what got two members to change their minds? and why didn't texas republican congressman chip roy joined the applause, despite voting for jonathan -- today he is here. i am edward lawrence in, this is "your world." we begin with chad pergram on capitol hill with the latest. chad, house speaker laid out in his speech what he wants to do going forward. is it strong enough, do you think, for those members who are on the fence? >> well, you know, this was kind of a dicey vote to start with. kept that roll call open for quite a while until they got a

couple other members to vote for mike johnson across the finish line. you had thomas massie who voted for tom emmer, the majority whip. keith self voted for byron donalds. and ralph norman voted for jim jordan. what happened there, kind of a dramatic scene on the floor were nancy mace was on the phone, speaker johnson came and talked to self and norman and took them off to a side room and got them on the phone and trump called and said it's time to get going. they came back into the room after quite a delay and they voted for house speaker mike johnson. keith self that he was very frustrated with how the 118th congress went, and you asked that question, that is kind of part and parcel of what it is going to be like during this congress. it is such a narrow majority, edward, for the republicans, that they are going to be able to do all of these things, it is going to be tough because on every single roll call vote you are probably going to have two or three holdout saying i am for 95% of this bill but i want a or

b. that's going to be a challenge peer here was the final tally: mike johnson eventually racked up 218 votes. he could lose one boat with 434-member house. kim jeffries 215 and thomas massie's vote got one. maybe not quite as rocky as the last time. two years ago that took 15 rounds. >> edward: appreciate you on capitol hill for breaking that down. my next guest was a "yes" for johnson but has a warning for how the house speaker peered congressman chip roy joins me now. i want to ask for your reaction about this new york judge, juan merchan, saying trump setting a sentencing hearing for january 10th before inauguration but maybe signaling no jail time. >> that is a power play by the new york, you know, justice system, a slap in the face of the president of the

united states. i think we are going to have to have some serious conversations about what that means. most of these cases have gone away as they should. that lawfare was, you know, and underhanded way to try to prevent president trump from being able to be elected, and since he has been elected, they are trying to undermine his authority. i don't think that will stand. we are going to move forward and support the president's agenda over the next couple of weeks. >> edward: what happened today? you initially passed on the first vote and at the end you came back and voted for johnson. was that a tactic or a message for him? >> well, look, it was very important for a group of us to make clear, you know, we are going to expect the agenda that the president ran onto get delivered. mike johnson is a friend. he is a friend to all of us. but we weren't satisfied with the way the 218 congress unfolded. keith self expressed that very well. we were making very clear there was a block of us going to be watching very closely. we need to deliver. we need to actually secure the border.

we need to actually pass policies before there is any conversations about any kind of status, do our job to secure the border, remove illegal aliens from this country. we are going to stop spending money we don't have. we are going to deliver on what the president ran on, and that is what matters. so on the vote on the floor, we are being very clear there is a block of us are going to demand policy changes. the president of the united states backed the speaker so we backed the speaker in this election, but we are going to be watching every single vote and we have to make sure we get what we set out to do, that we do what we said we would do when we ran for election this last year. >> edward: congressman, you said on x there were more than three people who initially had reservations, who voted -- who didn't vote against johnson. you know, what are the reservations, then? >> well, the reservations are we spent close to $3 trillion last year with more democrat votes than republican votes. we had multiple bills passed with a majority, lacking a majority republican votes. we saw what unfolded with a promise to say we would secure

the border of the united states before we funded ukraine. the overall failures. but that's looking the rearview mirror. today is a new day. it's 2025. the president asked us to get behind mike johnson. we did. it is now mike johnson's house to deliver. it is now mike johnson's job to deliver on the president's agenda. we will back him as long as we are delivering on that agenda so that is what we need to do right now, let's come together to do that. we've got to stop spending money we don't have and racking up deficits. we have to secure the border. we have to get rid of the dear kratz. we have to make our country strong again. there can be no room for doubt, have to have leadership to get that done. that is why there were nine people who withheld their votes. it sends a message that we are going to be watching them. >> edward: congressman, are you concerned the drama we saw foldout undermined president president-elect donald trump's agenda to get past to the house? >> not at all.

>> johnson was on the first ballot, making clear things need to get done. we have had lots of conversations with the president, he wants us to deliver. he has had some very specific conversations with us and with the speaker come and i know we are going on the floor with those who initially voted no, but we have a long ways to go. we have had too many failures in the past. the american people did not vote for more of the same, so again, this is now speaker johnson's house of representatives to deliver for the president, so we are going to expect delivery of all of the things the american people sent us here to do. >> edward: do you think all of the tax cuts, for instance, the president-elect would like to see, in addition to extending the tax cut but talking no tax on tips, no tax on overtime, no tax on social security, can all of that get passed along with border security? i know your district is in texas, so can it all get past? >> if the speaker does his job, i think we can get that done for

the president, more importantly for the country. more importantly, what you are talking about tax policy, that has to be deficit-neutral and reducing deficits, not of made up growth rates but with very specific recognition that whatever we do with tax policy must have strong offsetting cuts, and we need to undo the damage of the biden administration, repeal the so-called inflation reduction act with all of the private subsidies, repeal the student loan fiasco, repeal all of the expansion of food stamps, do all the stuff the american people sent us here to do. we can save a couple of trillion dollars out of the gate if we reverse biden's damaging policies. secure the border and then we can get busy with reconciliation, getting the deficit reduction. >> edward: you want to see border go first. in the last 30 seconds we have, with a 1-vote basically majority, can you do that? >> well, we have to. now it is the job of the speaker to get it done. i will do everything in my power to support that, but they are going to be some guardrails and some redlines that i'm going to say are necessary to get my

support, and we are talking about spending, we talk about the border, those things matter, so we have to get in a room and work together and deliver. that is what the american people sent us here to do. that is what the president wanted us to do. so we will not work to get it done and the speaker has got to deliver. >> edward: representative chip roy, it was an excellent day today for you guys, first round, first ballot. took some trauma to get there, but you got there. be interesting to see what happens going forward. >> great to see you. >> edward: to las vegas, where officials are providing an update on that cybertruck explosion. let's listen into this year. >> you can see the phone here in the vehicle. it is very burned from the outside. you can see another image here. we were able to take this phone and be able to extract the data using a variety of different tools, and in that we have identified a variety of information, but one thing in particular is there was an application in there that the suspect used to take notes. in that application, one of the notes is titled "surveillance law" by the suspect. it appears to be more of a

journal activity. it dates for about ten days leading up to the incident from the server 21st to december 31st of this past year. in that surveillance log, as we like to call it a journal because it is more of a diary of activity that he is conducting, we identified multiple locations that match what we have on the road. we identified activity that we have matched, so for example him purchasing firearms, him purchasing camping equipment or other types of equipment used in this incident matched what our data showed in terms of the route and the video surveillance we were recovering along that route. beyond the operational activity, i want to also get into the post-past investigation. make no mistake this is a suicide vehicle-born explosive device. mentioned by the sheriff yesterday, self-inflicted gunshot wound by the suspect, the corner was specific, intraorbital -- intro orbital

gunshot wound. which essentially means a suspect but the firearm in his mouth and discharge the gun, and ultimately the round came out the left side of his head. in addition to that, in terms of our assessment of the post-blast, to confirm he is the only individual involved and the only individual in the vehicle, we did a variety of video and photo comparisons to match the clothing, so if you look here, for example, this is a video in las vegas, and you are going to see in a moment here where he parks the tesla truck. he comes out. we are going to see some descriptive clothing that matches some of the other video but we have recovered along the route. please keep in mind this is a very extensive investigation so there is a lot of content for us to review and examine. we are just showing examples and samples as we get them. there is more information as we go through it. but in this video you can see the distinctive jacket that he is wearing in that vehicle. the other thing that is important is the sheriff mentioned yesterday that tesla

sent to us engineers to come to las vegas to help us extract data from the vehicle. thanks to their support we were able to extract and sdm i chip from the tesla vehicle, and tesla was able to confirm to us using the data from the vehicle that the vehicle was not a full self-driving mode at any time during this incident. finally, the last category just to touch on his motive, which i know everyone is very eager to try to understand and be able to explain what happened. i will reiterate what the sheriff said is we still have a large volume of data to go through and a lot of content to go through, as you know with any one of our devices, there is thousands if not millions of videos and photos and documents and web history and all of those things that need to be analyzed. but with that, just as a preview for as we get information, we are trying to be as transparent as possible, there were a couple of pieces of content we thought were important to share for now. one was in the note application he seemed to have two letters.

one letter in particular, as you can see here, this is an excerpt from that letter. he says, "fellow service members, veterans commit all americans, time to wake up. we are being led by weak and feckless leadership who only serve to enrich themselves. he goes on to explain a variety of other issues, some political, some personal, a variety of other things, which we will do our best to release very quickly here. but then there is a second letter where there are some more excerpts, dated after the fact and that note application, and you can read a couple of exerts. "we are the united states of america, the best country people to ever exist! but right now we are terminate ill and headed towards collapse." this was not a terrorist attack. this was a wake-up call. americans only pay attention to spectacles and violence. what better way to get my point across then a stunt with explosives and fireworks. i need to cleanse and relieve myself of the burden of the lives i took. i would like to just also expand on that and understand these are just exerts in there.

he does offer additional information that is varying on the spectrum in terms of political grievances, issues about the conflicts elsewhere, not here, domestic issues, a variety of other personal challenges, as well. we are intending to release those initial letters so people can understand what the persons thought process is at one point in time, however please understand there is still a lot more content to go through and that may change. there may be a lot more information that we recover that explains either more or shows the change in mind-set at different times. just before i turn it over to fbi special agent spencer evans, i just want to take a note to mention what the sheriff said which is our counterterrorism section at all of the people involved in this have been working around the clock, 24/7, tirelessly, truly, through the night. they are second-to-none, and we really appreciate every thing they are doing. with that i will turn it over to

the p.i. >> fbi. good afternoon, i'm spencer evans, in charge of the las vegas fbi las vegas division. the partnerships that the sheriff just highlighted commit has been seamless collaboration between the fbi, atf, army cid, las vegas metropolitan police department, if you walk into one of the command posts you wouldn't be able to tell who works for which agency and it has been outstanding collaboration. we do have significant updates that we are sharing with you from an investigative standpoint but just want to reiterate as the sheriff mentioned, there is still a lot of ongoing investigation. we have terabytes of data that we have to analyze. we have outstanding search warrants and subpoenas, interviews that are being conducted around the globe as we try to paint a comprehensive picture of exactly what happened. that being said, we do feel confident that we have a much better sense of how we arrived at the events of the 1st of january and additional

information that we can provide. so i would like to first begin by addressing something that continues to be widely speculated, whether or not there is any connection between what happened in new orleans on new year's day end of the incident here in las vegas just a few hours later. just to be clear there is no evidence that these two events are connected. the only things that we have connecting them are incidental, what we believe to be coincidental similarities, in that both vehicles were rented through the same service, that they -- both subjects served in the military, they bot that. we have identified nggests they, that the ever served in the save unit, that they were ever assigned at the same place at the same time and had interactions, and no witness interviews have corroborated or provided any information that the two events are connected in any way. in similar fashion we have not identified any connection between this subject and any other terrorist organization.

during the fbi's international investigation to date, as i mentioned, we have interviewed family members, friends, subjects associates, and military members that he served. through these interviews we have found that the subject held no animosity towards the president-elect. that is something that has also been reported. investigative steps have discovered and information with the arm indicates that he likely suffered from ptsd, and we are also aware that there were potential other family issues or personal grievances in his own life that may have been contributing factors. again, we are looking into all of that. it is evident that the subject considered, planned, and thoughtfully prepared for this act alone. that is what we believe comment we have no information to the contrary at this point. the fbi has been able to confirm some of this through video footage in public areas as he traveled from denver to las vegas. we have video footage that shows he is alone, outside of the vehicle, and that corroborates

again what las vegas metropolitan police department footage has also shown. the fbi, as the sheriff indicated, facilitated obtaining dna from a family member that was able to be conclusively matched to confirm the subject's identity. as share corn mentioned, although this incident is more public and more sensational than usual, it ultimately appears to be a tragic case of suicide involving a heavily decorated combat veteran who is struggling with ptsd and other issues. yesterday i wanted to highlight, i mentioned a tip that was unverified that the fbi rec received. floating around on podcasts. this is a tip the fbi received after the bombing occurred that seemed to describe some of the personal grievances that the subject may have held. we still have not conclusively determined that is from the subject to feel confident based on evidence we are uncovering on his devices that that was in fact from livelsberger. i want to reiterate that prior

to this incident, the fbi did not have any information on this subject. he was not on our radar. he did not have criminal history. there was nothing that we would have been looking into up until this point. the last thing i just wanted to highlight briefly is it is not lost on us, we understand there were victims, while the subject himself is the only person that was deceased, there were several folks that were injured and obviously any sort of incident like this has a dramatic impact on the greater community, rightly so folks are going to be scared and concerned and some that were inconvenienced and some that were taken to the hospital with injuries. we would like to remind everyone we are working with las vegas metropolitan police department advocates, the office of emergency services advocates, and the southern nevada resiliency justice center to offer services to these victims. we recognize that there may be victims that are yet unidentified, so for those that might be suffering or otherwise impacted, we'd ask you to reach out to the fbi at

1-800-call-fbi, and in similar fashion, as we reiterated yesterday, anyone who has tips related to the subject or this particular incident, please call us at 1-800-call-fbi or smitty tip online at tips.fbi.gov. and with that i will turn it over to the assistant special agent in charge from the atf can can. kenny cooper. >> good afternoon, everybody. my name is kenny cooper. i am assistant special agent with the atf san francisco san francisco field decision. i have some very quick resource updates. atf has brought in some of our top experts from our national response team. that will assist with sifting through the debris of the tesla, and that is an abundance of

caution to make sure that we've got the initiation sequence identified as best we can from the evidence that survived the thermal event of this explosion, and to ensure that no other bad actors were involved in the initiation of that device. also, my second update is to the firearms purchased by our subjects on december 30th, 2024, atf investigators were able to track down that lawful purchase at a gun store in colorado. he arrived, our subject arrived in that gun store by himself on december 27th, and initiated the atf 14473 and actually paid for those two firearms that were recovered from the tesla on the 27th and was sold document of the vehicle arriving and departing on that date. and on the 30th, we have video evidence of our subject entering that gun store as the sole

occupant of the tesla. he actually received and transferred those two firearms and took into his possession at that time and departed as the sole occupant in the tesla. those are the two updates i'm here to provide to you at this time. thank you. >> all right, with that, we will entertain a couple of questions. please identify yourself and we will go from there. david? >> reporter: two quick questions. tesla was able to extract data for you. walking around at the charging stations? >> let me just -- the question was can the video that we show, i was standing back there so i wasn't sure which one you were looking at -- the question is

the video we showed at the tesla charging stations, who provided that to us? i will let dorian answer that. >> without getting too far into the technicalities, the stm i card was not where the video was retrieved from, that was where we got the data to be able to determine it was not in self-driving mode, however tesla provided and helped our team with the thumb drive and other data by the tesla. arizona. >> reporter: there were a lot of questions of how he was able to it die by suicide and set this off. how that happened. >> yeah, so the second question is, how are we able to ask plaintiff detonation versus the suicide? we just believe it to be simultaneous at the time of the detonation, but again, that is why the atf is bringing in

outside to look at what that sequence was for the initiation of the explosion, as well. it is very difficult to see inside of those tesla's, even with the camera angles that we have, so we still remain challenged on finding the exact timing of all of that. go ahead. >> reporter: reports that he has another alias. >> so the question is if we know the alias of matthew burke and he had been previously on a television show. we have seen that reporting but have not verified that repo reporting. >> reporter: how would you describe his state of mind in the final days? and the manifesto, the podcast, have you been able to rule out -- >> so the question is how would

i describe his state of mind and the manifesto that was described on a podcast, have we been able to determine that was from him or not? i will answer the first part is i'm not comfortable giving you state of mind just yet. i certainly am leaning a particular way, but again, i like to be factual to you. i think when you read the documents that we are going to give you a link to at the end of this press conference, that you can go in and make some of your own assumptions about what that is. but i will tell you that part of my hesitation on that is i know that we have a lot more documents and number of things for us to uncover, so i want to be able to provide to you only the factual information when i have it, so i'm not going to opine on what i believe his state of mind was at that particular time. certainly you can see some troubling aspects in his personal life, as well. i don't know if you want to address the second part.

>> in terms of the so-called manifesto that is circulating online, we have strong evidence to suggest it was the subject that wrote it but we haven't conclusively proven that yet and that evidence relates to other evidence that we are finding, that we are able to compare, lead us to believe it was in fact him who sent it. >> reporter: do you have an update on the conditions of the other people who were injured? >> the question is do i have any updates on the conditions of the people who were injured, and i am told that they are all relatively minor injuries and they have all been released from the hospital. >> reporter: as you are showing us these excerpts, can you say what he chose the trump international hotel? >> the question is with the

excerpts we showed, can we definitively identify why he chose the trump hotel tower location, as well as las vegas, and the answer is no. in fact, i think when you read through some of that you might find there were some other considerations, as well, for other locations. we can't verify all of that, at this point, so that is why i haven't talked about that publicly. >> reporter: other locations in nevada? >> there was one location in grand canyon that was specifically talked about there, but we haven't been able to verify anything, as well. all the way in the back? >> reporter: in regard to what happened in new orleans, what evidence -- >> the question is why don't we consider what happened in

new orleans and what happened in las vegas connected, and the simple answer to that is we don't find anything to actually point us in that direction. there are those coincidences that we have spoken very openly about. but we have not found throughout this entire investigation anything that ties the two attacks directly together. go ahead in the back. >> edward: and now you are listening to and we will keep listening to that end las vegas las vegas metro police department news conference going on. some very new, interesting details they have been able to get technically from the suspects phone. to jeff paul in las vegas, where officials again holding this news conference, jeff, this is really interesting what they have been able to get off of a phone and technical information from this suspect. >> yeah, especially when you consider how badly burned that tesla cybertruck is, it's incredible they could get some of this information, but one of the overarching things i think you can take away from this press conference is the investigators some hit up like

this, this is somebody who heavily decorated veteran, who suffered who suffered from personal issues and they mention ptsd who ultimately wanted to take his life. reading the apps notes, he said it is time for americans and veterans to wake up. they are being led by weak and feckless leadership that only serves to enrich themselves, had some both political and personal grievances in those notes, but he does say the people of the united states are the best people to exist. he also mentioned this is not a terrorist attack. it is a "wake-up call," and what better way to get my point across that a stunt with fireworks" peered one of the other quotes the investigators read, i need to cleanse my mind of the brothers i have lost and relieve micelles of the burden of the lives i have taken. also important to point out,

edward, they also made a point to say, because this happened outside of trump hotel, there are a lot of questions about why did he pick this particular location? well, investigators say there were some other locations that they found through that evidence that he had possibly considered, and they also wanted to point out from their investigation, they don't believe he had any animosity toward the president-elect. >> edward: and jeff, they were able to follow him around las vegas. las vegas has an extensive camera system, and we saw a new video of him before and the hours leading up to this attack, didn't we? >> we saw videos of him not only driving around las vegas, but also some video provided from some of these tesla charging stations, where you could see him getting out of that cybertruck and charging it. nothing really of note other than the fact it looks like it is him but one of the things for investigative purposes that is important as they don't believe there was anyone else in that truck at any point, so they think he acted alone, there was no one else in the car, there

was some question, though, edward, about how it was possible he could shoot himself and then detonate the explosives that went off. that is one thing they are still looking into. >> edward: jeff paul, thank you very much in las vegas, a very revealing presser that now las vegas explosion. we will get more reaction later on in the show and the probe on this in the new orleans probe for their terrorist suspect. and breaking news as judge juan merchan says president-elect donald trump will be sentenced one week from today, what can we expect? that's coming up.

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>> edward: breaking news is new york judge juan merchan says president-elect donald trump will be sentenced. find out when and what to expect. we are going to be back here in 60 seconds.

♪ ♪ >> edward: new york judge juan merchan setting trump sentencing in the hush money case for january 10th, signaling no jail time for the president-elect. bryan llenas with the details on what's happening. bryan? >> edward, good afternoon. judge juan merchan has ruled the sentencing in this criminal case conviction against president-elect trump will be next friday, january 10th, and in that same decision, he says that the president-elect will not receive jail time. instead, president-elect trump will receive what's called an

unconditional discharge. this means that the conviction will stick, but that he will not receive any punishment. this will also allow the president-elect to appeal this matter further. now, in these court documents, we are going to read a couple of pullouts from merchan. it reads "finding no legal impediment to sentencing and recognizing that presidential immunity will likely attach once the defendant takes his oath of office it is incumbent upon this court to set the matter down for the imposition of sentence prior to january 20th, 2025. that's inauguration day. it goes on to read this. "while the court as a matter of law must not make any to her termination on sentencing prior to giving the parties an opportunity, make known the courts. the people conceived they no

longer view as a practicable recommendation. trump had filed a motion to dismiss this case for a second time. juan merchan's documents right now are a response to that dismissal, they will not dismiss the case, the judge instead will sentence president-elect trump next friday, january 10th, the president-elect can show up either virtually or in person. the president-elect will not receive a sentence of jail time. he will receive an unconditional discharge sent tension, which means he likely will not face any punishment whatsoever. this will allow him also though to appeal this case, but in the d, edwar this does mean that the president-elect trump will be the first criminally convicted president-elect hold office at this time. we are also getting reaction from a trump spokesman. this is to fox news, in which

they call this -- sorry, let me find myself here. they said, the trump spokesperson says, "there should be no sentencing and president trump will continue fighting against these hoaxes until they are all dead." edward? >> edward: yes, bryan llenas, this is just incredible legal territory that we are in. to get the read on the smaller legal eagles, tom dupree. john, i want to start with you. this could be afield now, we will have a conclusion to the sentence, not going to linger for the next four years, right? >> good point, edward, and happy new year. this shows what a political farce this whole thing was because here is a judge who is saying i'm not going to sentence president trump to any jail time. i also refuse to respect that he is going to be president in two weeks i'm going to try to sneak in a sentence right at the last minute. this is outrageous.

what he should be doing is ordering a new trial because the supreme court said that the original trial was infected with violations of presidential executive immunity. you are quite right, though, edward. anyway, just like the failure of this whole lawfare campaign in the first place, what the judge here has done is given trump has actually the opportunity to turn this to his advantage because once a sentence goes in, now trump can appeal immediately. i think you will get to the u.s. supreme court where he is resident, and the u.s. supreme court will have to say this original trial violated its executive immunity decision and has to be redone, if not thrown out altogether. >> edward: so tom, this is unprecedented sort of legal territory where we are, where we have a soon to be sitting president of the united states being sentenced by a local judge in new york. does this, would this hangover the first part of president trump's presidency, in terms of his being able to do his job?

>> well, that's the thing. i think judge merchan thought wrongly that he was striking an appropriate middle ground here by on one hand not dismissing the case entirely but on the other hand not really imposing any punishment on trump. but your point is right in that the whole idea of presidential immunity as you can't burden a president of the united states with having to litigate a criminal defense while he is president. but what judge merchan is doing is he is forcing trump to litigate his appeal of this conviction while he is president of the united states, so it's not clear to me that it solves the constitutional issue, but look, i agree with john. i think that by and large trump is going to be able to use this to his advantage. if nothing else, the big win of blowing the whole case out of judge merchan's courtroom. he wasn't going to get a favorable ruling from judge merchan. now he can take the case, now he could take the appeal to a new panel of judges and challenged the underlying conviction. >> edward: john, we are talking about first the appeal goes to new york, which is not favorable to a republican president, so this appeal

process, how long could it take, and by the end of his first term -- or by the end of this term -- are we talking years, are we talking months, how long will it take for the president to maybe get rid of this altogether on appeal? >> you're asking me a hard question. as yogi berra said, it is hard to make predictions, especially about the future. but let me just say, i would say a year. i think you are right, as a criminal defendant, gets accelerated forward. i think trump could get to not just the highest court in new york state, but he might be able to get to the supreme court in a year. here is another thing we haven't considered. the trump justice department can now make life very difficult for the state of new york if the d.a. here intends to keep pushing this. they have the court system hereg this, as the commander in chief, chief executive to run the country, to harass some of this kind of litigation come i think president trump at his justice department are going to have to consider taking retaliatory measures against new york state,

cutting off funds, refusing to cooperate and help new york state in a variety of different ways. >> edward: so tom, i want to ask you this, throw this sort of scenario out there. he gets a sentence. that means the case is concluded, so to speak. could than the governor of new york part in the president, leaving the conviction in place? >> well, right, i think with the governor could do to commute the sentence come if the idea is to basically leave the conviction in place and put an end to this. that would also raise the question of whether trump would be obliged to accept that, in other words, donald trump, i want to clear my name come i want to keep fighting this, i want to bring my case before a panel of new judges who will hopefully rule in my favor and overturn what trump views as a completely unlawful conviction. so even if the governor were to take that route, not clear to me that trump would accept it as opposed to keep fighting to clear his name. >> edward: tom, john, you guys

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which may help preserve vision longer. ♪ ( i. zer. vay.) ♪ ♪ (gets ga goin' slower.) ♪ so shift gears and get going. don't delay. ask your doctor about izervay. ♪ ♪ >> edward: we are live in new orleans where authorities are still on the hunt for answers into the terror attack suspect. to mike tobin on the ground with the latest. mike? biko and edward, what we saw last night was people here in new orleans trying to resume the party, the way a lot of people put it, you can't let them -- meaning the terrorist -- win. we saw them on bourbon street but still makeshift memorials, 14 crosses were 14 innocents killed in cold blood, flowers on the ground, we can also show you new video that shows the start of this particular attack. the security video shows this rented ford f-150 ripping into

the crowd of new year's eve party years. the attack resulted in 14 innocents killed, the alleged attshamu gender more information, the new orleans leaders were warned, if the city was vulnerable to attack just like this, warned the french quarter is a fish tank of bad behavior. we create victims here and don't have the means to protect them. the ceo told garrett tenney in 2017 they sold new orleans 48 archer barriers designed to stop a charging car. the only went into effect or went into use after the attack. >> actually, we have them. >> the fbi has released new images of shamsud din jabbar and

the french quarter roughly an hour before the bloodshed. the release also includes pictures of a cooler. the coolers are significant because two of them were deposited in the french quarter where bombs apparently capable of remote detonation. a pretty clear indication the attacker intended more bloodshed. the flyers were released as investigators are trying to drum up more information. also as investigators pour over a rented house near the french quarter and they have reentered the home where jabbar lived in north houston, all of them trying to determine how this army veteran turned into a domestic terrorist and whether he could have been stopped. edward? >> edward: yeah, incredible scenes down there in new orleans. appreciated, mike tobin, thank you. given these develops, will any hold up and putting trump's cabinet in place put americans endanger? why why some are worried. as the people you love get older, their risk of severe flu and covid goes up.

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♪ ♪ >> edward: incoming national security advisor mike waltz in the senate majority leader john thune urging swift confirmations for trump's cabinet team in the wake of the new orleans terror attack. matt finn is live in west palm beach investigating the impact. matt? >> both thune and waltz say the

biden administration policies have made our country more vulnerable to terror attacks. waltz says he finds it awfully suspicious that both of those january 1st incidents used the same rental app and he is urging that president-elect's nominees are confirmed as soon as possible to project strength to the world. >> you also had an afghan that was stopped from making election day attacks. so this is why getting president trump's cabinet in is so important. >> this afternoon, president-elect trump tells fox news that. >> johnson's election today has brought the country closer together. trump has been laying relatively low and mar-a-lago since his extravagant new year's eve parte president-elect how confident he is about his nominees. here is what he said. >> i think they are great nominees, as you know. most of them are being thought a very highly, just about all of them. i think we're going to do very well.

>> the first schedule hearing for a trump nominee is next tuesday, january 14th. pete hegseth for secretary of defense. a brief look at some notable names and may face a tough time getting approved, tulsi gabbard for director of national intelligence, robert f. kennedy jr. for secretary of health and human services, and kash patel nominated to lead the fbi. i now that speaker johnson has been approved, congress can start adding even more nomination hearings to the calendar. back to you. >> edward: thanks, matt. with me, las vegas law-enforcement veteran. and chris swecker. what do you think about that, getting the national security folks in place? what how important given what happened in las vegas and new orleans -- we know las vegas was not a terror attack, but in both of those, chris, what do you think about that? >> i think it is important but i don't think the agency is going to slow down in their investigations or what they do

every day, but it will be good, speaking from the perspective of the fbi, to get a good, strong leader in their and start down the road towards focusing back on international terrorismn the context of what we are talking about here because the fbi i believe took their eye off that ball over quite a while and focused primarily on right-wing extremists. i will be very happy to see the fbi get back to the gumshoe worker counterterrorism again and go after these international terrorism groups, particularly after these four years of open borders peered. >> edward: randy, you works 24 years for the las vegas metro police department. there is a lot of coincidences related to these, especially when you look at the timing of the attacks, but they used the cameras around las vegas in order to track this suspect going around there. they have an extensive ability for technical issues in las vegas and they were actually able to get information off the suspects phone, talk about those

technical -- that's important what they were able to do and pretty amazing. >> no holds barred on this investigation. the metro police and the fbi want to get deep, deep into this investigation and make sure that there are no connections between these two. there do not appear to be, at this time, those coincidences are remarkable, but sometimes you've got to do a deep dive. i think that we should really focus on something here, and that is the situation that many of these veterans are facing when it comes down to post-traumatic stress. i can tell you that post-traumatic stress can be as real as a bullet. this really needs to be investigated deeply into the brain traumas and the pts that this soldier faced.

>> edward: chris, i want to ask about possible copycats. we look at the video here, how concerned are you that someone else might see this and take inspiration from it? >> extremely concerned. i think we should all be. i'm not so sure that this incident and the incident in new orleans wasn't inspired and sort of a copycat of what happened in germany and many other times in europe and in the united states here, so this vehicle attack is in the playbook now for all of the terrorist organizations. it is in the psyche of a a lot of these mentally disturbed people who spontaneously combust and go out and do bad things. i think every law enforcement agency in the country ought to be on high alert, and they probably are. >> edward: they are concerned about that new orleans incident, looking for the copycats. randy, i want to talk to you about the terrorist suspect him of the suspect's brother in new orleans said he really

found -- he really had trouble fitting in, and they hoped the army was able to fix that, in terms of having unity going forward and feeling part of something. in 30 seconds, you know, do we need to make sure our veterans are taken care of care of? >> absolutely, 100%, and the suicide rate of soldiers and military people is extremely high, so there definitely needs to be more focused on that, but there also needs to be focus on leadership, that we saw su deep failures of leadership in the political and law enforcement -- >> edward: randy and chris, we are going to have to leave it right there. i appreciate the insight on this. more details on this terror attack tomorrow on fox news live when david as men get the latest on the investigation with louisiana attorney general liz murrell. "the five." ♪ ♪ >> joey: hello, everybody.