bryan kohberger accused of killing four college students in an off-campus home in moscow, idaho.h penalty violates his constitutional rights. >>> when we come back here, the major new beef recall tonight. >>> also, the winningest coach in ncaa history, and what they presented to him for this, in a moment. 's going into her retirement. ♪ there's us. she raised us on her own. ten years as my roller derby wife. three. three schools she's opened. she's a mother. i think we turned out alright. — she's a friend. our mother's could tell stories. — she's a teacher. she may be retiring but she's not done. i'm never gonna stop! retirement is the sum of your life's work. now what? get income for life and protect your life's work with prudential. ♪ ♪ get income for life and protect your life's work with ♪ (vo) whether your phone's broken or old, we've got you. with verizon, anyone can trade in any phone, any condition. and get iphone 16 pro with apple intelligence. get four on us. only on verizon. known for pursuing your passions. no one wants to be known for cancer but a treatment can be. k

the major ruling tonight on whether bryan kohberger, accused of killing four students, should face the death penalty. >>> a nationwide ground beef recall tonight. we'll have it. >>> and the couple married 58 years, and the discovery at a thrift store. the buyer thought they bought a vintage jazz record, and what they heard instead. we'll play it right here for you tonight. >> david: good evening, and we begin tonight with president-elect donald trump's pick for attorney general, matt gaetz, suddenly bowing out today. gaetz issuing a statement saying his confirmation was, quote, unfairly becoming a distraction to the critical work of the tramp/vance transition. just 24 hours earlier, gaetz was on capitol hill, appearing confident, escorted by vice president-elect jd vance to meet with republican senators. gaetz had been the subject of an ethics investigation in the house over allegations he paid young women for sex, including a minor, a 17-year-old girl. gaetz denies it all. sources telling abc news it became clear in these last 24 hours that at least four republican senators would not

that this, the inability to choose, but being forced to have a firing squad is a violation of bryan kohberger'sd unusual punishment. >> reporter: kohberger now facing trial in boise, hundreds of miles away from where the murders took place. kaylee's parents frustrated with the venue change and pace of the court. >> this whole community wants to try this person. they deserve to have a hand in part of the healing and the justice. >> reporter: do you feel like justice is not being served because this is taking so long? >> i feel like we're being patient. as a consequence of that, we should be able to keep it here. >> reporter: the defense, who said kohberger is innocent, successfully argued kohberger would not have an impartial jury in moscow, citing extensive media coverage tainting the jury pool. now before the public hearing starts today, there is a private hearing to decide what bryan kohberger will be wearing. this trial is slated to start in august but a reminder, guys. next week marks two years since the murders. >> michael: wow. all right, kayna. thank you so much for that. now the latest

bryan kohberger is accused of killing four idaho students. his trial is set to begin in august.trol of the house is up for grabs and republicans are leading with 205 seats, including one gained. most contested races, new york's fourth district, laura guillen declared victory over the republican, that race has not been called. in oregon, bynum holds lead over chavez-dreamer and in iowa, congresswoman miller-meekses she is confident in her votes after winning by just six votes in 2020 and house speaker mike johnson and tom emmer, will seek reelection to their leadership posts. interesting development there. finally, another squirrel going viral after making a brief ap appearance at v.p. harris' concession speech. before harris took the stage, the critter scurried across the platform, reminding people of peanut the squirrel, who was taken in before being seized and euthanized. the internet weighing in, the democratic squirrel was peanuts cousin and one user wrapping it up in two simple words, saying, that's nuts. those are headlines. >> lawrence: i'm upset about what happened. >> c

bryan kohberger's defense team tried to make the argument that idaho's death penalty law is unconstitutionalcording to the new judge on his case they failed. kohberger filed 12 motions to have the death penalty removed if there was a conviction. the judge shot down every one. one was death by lethal injection or firing squad violates the u.s. constitution as cruel and unusual punishment. the judge wrote to strike a method of execution as unduly painful under the eighth amendment defendant must come forward with an alternative method. he hasn't done so thus foreclosing his claim. nine inmates on idaho's death row. the last execution in 2012. the last ruling kohberger convicted at his trial in august could be sentenced to death. we haven't heard from the families of all four murder victims. some parents released a statement when we heard of the motions being denied in regards to the death penalty, we were overjoyed. justice is moving forward and one day in the not so distant future hopefully it will be served. this case is set to have another hearing in late january on motions to have the chal

we look at bryan kohberger going on and on and on.'t know what it is death penalty or what it is. or potential death penalty case. we're parents, lawrence. one day you will be a parent. when you look at that courtroom, you feel that mom's pain. she said i lost my best friend. when we saw that chilling video of laken run into the park i want to scream to her don't do it. he is somewhere in those woods or behind a tree or whatever. it's just heart breaking to know this was preventable. she was such a strong christian writing this letter to her future husband how i'm going to be godly and christ like. he took that away from her. evil. took her last breath. what fear she must have felt those last moments. >> steve: ainsley here is another case that could have been preventable. actually three cases. it involves more migrant crime as ice agents in the commonwealth of massachusetts have arrested three illegal migrants on child sex charges. >> lawrence: ridiculous. >> ainsley: this after the state's democrat governor says she will not assist

that is exactly what prosecutors plan on seeking for bryan kohberger.the latest on this out of seattle for us. dan, does this appear to be a close call for the judge? >> yeah, sandra, not really p or i went to the 55-page ruling and it didn't seem very close to going bryan kohberger's way. his attorneys filed 12 separate motions, over 1,000 pages of documents, tacking idaho's death penalty law from every direction, but judge steven hippler dismissed them one by one. among the arguments made was the capital punishment in idaho belongs to cruel and unusual punishment. state uses lethal injection and just last year at a firing sq squad, not available. hitler rode, to strike a message of execution is unduly painful under the eighth amendment, the defendant must come forward with an alternative method. he has not done so, thus foreclosing his claim. idaho is 1 of 27 states that still has the death penalty. it's been 12 years since the last execution. currently nine inmates sit on death row, and now, with this ruling yesterday, if kohberger is convicted at hi

. >> john: bryan kohberger, the man accused of murdering four university of idaho students nearly two court today, as his defense lawyers fight to get the death penalty taken off the table. dan springer live with the latest on this. dan? >> yeah, hi, john. you know, kohberger's new judge stephen hitler seems completely unmoved by the defense argument made in court today. bryan kohberger listened intently as his attorneys tried to invalidate idaho's death penalty law on the grounds it is too broad and essentially could apply to every first-degree murder. the brutal murders of four university of idaho students in an off-campus house took place exactly two years ago next week. kohberger was arrested and charged with murders less than two months later. and now his attorneys argue he should not face the death penalty if convicted. idaho is 1 of 21 states that still uses capital punishment. there are currently nine inmates facing execution by either lethal injection or under a new law in idaho by firing squad. prosecutors say what other states do or don't do is irrelevant. the families of t

. >> bryan kohberger, the man accused of killing four university of idaho students in 2022, was backday as lawyers argue whether he is eligible for the death penalty. fox's caroline shively reports that his defense lawyer centered their argument around idaho's unique option for capital punishment. the firing squad. lawyers for a man accused of murdering four university of idaho students pressed a judge to take the death penalty off the table on thursday, arguing it is cruel and unusual punishment. >> we are also asking the court to strike the death penalty as a violation of the equal protection clause. >> prosecutors say bryan kohberger murdered xana kernodle, maddie mogan, kaylee goncalves and ethan chapin, two years ago, stabbing them to death in the middle of the night in a house just off campus. police report they found a ka-bar knife sheath with his dna on it at the scene, and that a car matching his was recorded near the murder scene. one of the victim's parents told reporters that at times, kohberger was so close to the house that his phone was picked up by their wi-fi. but de

bryan kohberger's defense team claims officers did not properly advise him of his constitutions rights they arrested him in december of 2022. they say a dna swab, as well as pictures of his body should be inadmissible. kohberger has pleaded not guilty and is scheduled to go on trial in august. >> when we come back, the stamp that honors a tv legend. >> and a small plane crashed at a drag strip during a championship racing event. do your dry eyes still feel gritty, rough, or tired? with miebo, eyes can feel ♪ miebo ohh yeah ♪ miebo is the only prescription dry eye drop that forms a protective layer for the number one cause of dry eye: too much tear evaporation. for relief that's ♪ miebo ohh yeah ♪ remove contact lenses before using miebo. wait at least 30 minutes before putting them back in. eye redness and blurred vision may occur. what does treating dry eye differently feel like? for relief that feels ♪ miebo ohh yeah ♪ ask your eye doctor about prescription miebo. [♪] looking for a moisturizer that does more than just moisturize? try olay regenerist for 10 benefits in every jar. olay

he has a chance to break the record saturday night. >>> bryan kohberger, tha man accused of stabbing four university of idaho students to death is trying to get evidence thrown out. dana griffin is here to explain. >> good morning. in a lengthy new motion, kohberger's defense team hoping to keep out the most critical evidence to the prosecution's case including the dna evidence that allegedly links him to the crime as well as his digital footprint. his lawyers say his constitutional rights were violated when police used dna evidence they say was obtained illegally from garbage outside of kohberger's parents' home in pennsylvania a month after the murders and said there was a genetic match to the single source of male dna found on the knife sheath left at the crime scene. the suppression preef arguing that without the dna, there is no case, no surveillance of the home, no dna taken from the garbage out front. they want that evidence and his phone and google records kept from the jury. kohberger is accused in the november 2022 quaduple stabbing deaths of university of idaho students kay

of course, if bryan kohberger is convicted, it could still challenge the death penalty. he has the most damning evidence, bryan kohberger wants that tossed out, the judge is going to hear more arguments about that in january. >>> there is no such thing as a free lunch but there is such a thing as a free coffee if you are willing to dance for it, that is the deal in this coffee shop in eastern massachusetts, and so far a lot of people are taking them up on the offer. ♪♪ ♪ ♪ >> on certain days, the owner of coffee milano cafe in middleburg puts a sign on the door, the terms are simple, walk in dancing for at least five seconds and you get a free coffee, it has been a huge hit with customers, also videos on tiktok, more than 6 million views. how cute is that.>> do you remember the mock arena? i just know you do something with your hands. >>> coming up, something you do want to see, showstopping sides and desserts, talented chefs from all over the country have brought their best recipes for our throwback thanksgiving extravaganza. but first, there's no place like studio one

match and then says, well, we need to get a search warrant because we have a positive match for bryan kohbergert comes from it is fruit from a poisonous tree. >> reporter: the defense, who says kohberger is innocent, claiming without that genetic information, there could have been no request for his phone records which prosecutors also say implicate kohberger. also challenging the way authorities gathered search warrants, especially pertaining to the search of kohberger's car, a white allantra as well as his apple and amazon accounts. he said the warrants lack probable cause. the trial is set for august. we're still awaiting the judge's decision on the defense request to have the death penalty taken off the table. guys? >> rebecca: still so much up in the air. thank you. we turn to pro athletes apparently being targeted for burglary. an nba player is the latest to be hit following break-ins at the homes nfl stars patrick mahomes and travis kelce. eva pilgrim is here with what's being called the striking similarities between the crimes. good morning, eva. >> good morning, rebecca. another profes

speech and now to the trail quadruple murder bryan kohberger said he can face ultimate, chanley painteron the table despite the defense throwing every legal argument imaginable at the judge hoping to spare their client who turns 30 today by the way from the death penalty if convicted of being the monster prosecutor say stab to death for couniversity idaho students. two years ago this month. the defense has long sought to remove the death penalty in several filings and argued in a hearing earlier this month the death penalty goes against temporary c standards of decency and it is cool and violates international treaty prohibiting the torture of prisoners. but the judge disagreed pointing that capital punishment is constitutional and legal in the state of idaho. this comes as the defense filed a 160 page motion this week to suppress much of the evidence in the case, including the defendant's dna allegedly found at the scene. this trial is expected to begin in august, lawrence. >> ainsley: that is a hey hail mary, thanks, chanley painter. on a mission to save your taxpayer money. that is n

can bryan kohberger's defense team get the death penalty taken off the table?ing another threat against the life of president-elect trump after his victory. what will his america first policy mean for the middle east, and in particular the ayatollah? retired lieutenant general keith kellogg weighs in coming up next. >> we think that he is very good for israel. >> a ran all of those terrorist states, he knows how to speak to them so that they stop. [child laughing] (♪) (♪) [child giggling with delight] (♪) come on you two. dinner time. ♪ ooooh. ooooh. ♪ i have moderate to severe plaque psoriasis. thanks to skyrizi i'm playing with clearer skin. 3 out of 4 people achieved 90% clearer skin at 4 months. and skyrizi is just 4 doses a year after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. with skyrizi, nothing on my skin means everything! ask your dermatologist about skyrizi. learn how abbvie could help you

it took seven weeks before police made an arrest in pennsylvania, charging then 28-year-old bryan kohbergereir murders. a judge has entered a not guilty plea on kohberger's behalf with a trial finally scheduled for august after a series of delays including a venue change. >> justy is slow. but as long as we get it, it's worth the wait. >> state versus kohberger. >> reporter: at a hearing in boise, a judge granting his request to wear street clothes in court as his attorneys push to take the death penalty off the table. >> the death penalty ought to be abolished. >> reporter: on the campus, students still feeling the impact. >> the fact that four of your peers were murdered by someone, it's hard to kind of grasp that and i don't know if i have. >> reporter: in an attempt to heal, the university tearing down the house where the murders happened. this is what it now looks like here. weeds are growing where the hom once stood. all that's left, this small memorial. a reminder that the lives have not been forgotten. in caylee's hometown, these benches dedicated in their honor. you miss her spirit

. >> prosecutors say bryan kohberger murdered xana kernodle, maddie mogan, kaylee goncalves and ethanpin two years ago, stabbing them to death in the middle of the night in a house just off campus. police report they found a ka-bar knife sheath with his dna on it at the scene, and that a car matching his was recorded near the murder scene. one of the victim's parents told reporters that at times, kohberger was so close to the house that his phone was picked up by their wi-fi. but defense attorneys weren't arguing against the evidence. instead making a case against the legality of capital punishment, specifically targeting idaho's approval of firing squads as an option. >> the firing squad ended up on the books because of the difficulty obtaining the drugs to kill somebody you don't get to at the beginning, short circuit the whole thing and say death is off the table because the current method is unconstitutional. >> in their filing seeking the death penalty, prosecutors allege the former phd student has exhibited a propensity to commit murder, which will probably constitute a continui

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bryan kohberger is accused of killing four university of idaho students in 2022.judge will hear arguments over whether he can face the death penalty. prosecutors will argue that he should face the death penalty because of his utter disregard for human life. the defense says the death penalty would violate his right to be free from cruel and unusual punishment. >> at 845, now, the federal reserve expected to decide on another possible interest rate cut. the fed is expected to cut rates again for a second straight time because of falling inflation, but some analysts are concerned about what donald trump's election could mean in the future decisions of the federal reserve. trump has previously said that as president, he should be and have a choice in the interest rate decisions of the central bank. so we'll see what happens. the federal reserve certainly on watch on the list, on wall street this morning, keeping an eye on things. what's happening there? >> cook is doing the same. she's back upstairs for dollars and cents. >> as always, i'm here talking about the fede