i want to mention there were a couple people here this morning to support daniel penny but the anti-pennyowd far outweighs them and they seem upset. police officers are coming out in droves to try to keep the two groups separated for now. i look at our notes from the courtroom and it seems like this is the first time we've seen some real emotion from daniel penny. his attorneys told me this morning that this trial has understandably taken a toll on him. he is spending time with family and friends to try to stay calm and our courtroom reporter telling me for the first time she sees him visibly smile. now hearing that jurors have decided he is not guilty of criminally negligent homicide. are you with me? >> harris: yes, cb. thank you, sorry about that. we've lost our picture for a second. appreciate your reporting. we'll come back as news warrants. that is huge what cb cotton was just reporting there, that emotion also that she talked about color inside the courtroom. the first time perhaps that daniel penny has had any sort of noticeable reaction. of course, when a jury finds you not guilt

so the prosecution, the burden on the prosecution, is to prove that daniel penny was not justified in taking the action that he took on that subway. but if the jury finds that they can't agree, they can't come to a unanimous verdict on whether or not penny was justified to spring into action, and to put him. this a chokehold, that would make the whole thing fall apart, correct? so give us an example or scenario and add whatever you are about to be saying but i want to get this in. where it would become necessary to keep that second negligence count relevant in terms of their deliberations. . >> if they rejected the justification but found that he went reckless, recklessness is a very high standard. it requires finding that he perceived a risk of death and then wantingly took actions that totally disregarded it. where as negligence means you didn't perceive a risk of death but you acted in way that a reasonable person might not have under the circumstances. so they are very different conclusion. if that is what it is, then the lack of recklessness doesn't discount the possibility of ne

was not justified in using that force, in fact daniel penny daniel penny was justified in usingrce even, and he used less than jordan neely did because he threatens imminent deadly physical force, and you are entitled to use that kind of force, although daniel penny did not even know he died. speaking to the cops and did not even know that he died he thought apparently he was unconscious, in the end what we have here are people demanding justice for jordan neely, let me make one point, the truth is that jordan neely was on a list of new york city's most needy homeless and mentally ill people in a city of 8 million, he has on a list of 50 who had open warrants for assaulting women on the subway, one senior woman in particular he had just broken her orbital bone and 42 arrests in seven years, where were these people trying to help jordan neely, but daniel penny did what all of us would want someone to do if we were on that subway car. and i think that america breathes a sigh of relief today. america now recognizes that we can protect other americans and not be accused of being vig

he was alive when daniel penny exited the scene. jonathan turley, i want to ask you something outright that you've hinted at here. it is this. we are dealing with district attorney alvin bragg. there are dealing with somebody who brought an unprecedented case -- those are the words of "the new york times" -- against former president trump. we are dealing with somebody who took jose alba, -year-d man, a convenience store owner who defended himself in lawful self-defense, and putting in rikers island. and then public pressure came and the charges were dropped. we are dealing with someone who is not in the mainstream. with this case have been brought outside of d.c., l.a., or manhattan? >> i have doubts about that, quite frankly. his predecessor didn't want to bring the first trump case. bragg has created this impression of someone who is falling more cable news than the criminal code. this is a case that i think shows that. there is prosecutorial discretion that is supposed to kick in in cases like this. a prosecutor should look at th

daniel penny was seen celebrating at a bar. there will be his first interview today by judge jeanine. phil murphy speaking o about drone sightings across his state. >> these are very sophisticated, minute you get eyes on them, they go dark. we are obviously concerned about sensitive targets and critical infrastructure. we have military assets, utility assets, the president-elect trump, one of his homes here. we are taking this seriously. >> carley: authorities say no reason to believe the drones pose a public security threat. unite /* president-elect trump nominees continue to make case on capitol hill with kristi noem and pete hegseth set to meet with lawmakers. madeleine rivera has more from washington. >> madeleine: good morning, several nominees are expected to face battles in the senate. gop members are suggesting they are coming around. john cornyns he is inclined to support kash patel, he expects him to be concerned and pete hegseth appear to have made progress wit the process, it was very good. >> are you inclined to su

manhattan district attorney alvin bragg reacting to marine veteran daniel penny walking free today, sayinge juries quote lengthy deliberation and totality of the facts and the evidence underscored why this case was put in front of a jury of mr. penny's peers. let's bring in someone running on the republican side to unseat alvin bragg as manhattan district attorney. good to have you with us. you have a long career as a trial attorney in new york city and you would like to be the next d.a. for manhattan. what's your reaction to the way that bragg brought this case? the charge and what he hoped would happen apparently did not happen today. >> i think a lot of new yorkers breathed a sigh of relief with this verdict because this was the case it should not have been. it shouldn't have gone to a jury. it too many new yorkers have been on the same kind of subway where there is a person who is mentally ill or on drugs or both and is acting in a violent or threatening way. i've been there. lots of other new yorkers have and what daniel penny did was simply not criminal. it's tragic that the person w

when penny saw a mentally ill person high on drugs threatening to kill, daniel penny the marine veteranervened. common sense would suggest that regardless of the tragic outcome, penny's intent was always and only to help. in exchange, his fellow new yorkers arrested him, try him, acquitted him, is it over? hardly. a leader of black lives matter now saying quote we need some people want to jump up and choke us and kill us for being loud, how about we do the same when they attempt to oppress us? vigilantes? daniel penny is not a vigilante, he was not trying to avenge she was trying to obey. common sense is well aware that our society is asking that if we see something, we say something. but that society is teaching that if we see something, we say nothing. we turn, and we walk away. let's bring an attorney and retired fbi specialist. thank you both for coming on we are going to get to the penny trial momentarily but, coming in on this suspect, is luigi mangione, fascinating. here is a new york city police commissioner on the arrest of the insurance ceo alleged killer, watch. you go online

meanwhile, jd vance offered to host daniel penny at today's army navy football game. e have been some reports penny is there. but nbc hasn't confirmed it yet. when you think of this is the same jd vance that talked about haitians were eating people's pets in ohio. i have to think about where race is involved in this. how is the family processing jordan's killer being elevated like this by the president- elect of the united states? >> there are a few ways to look at this. i don't have a problem with the president inviting him to a football game. i think every american should have an opportunity to meet their president. what i have a problem with is the messaging. where is the invitation to the neely family? daniel penny represents questions about how we treat people who are mentally ill. how we treat other citizens who are struggling and you can't invite one-half of the problem without inviting the other half. why not bring in the neely family and talk to them. what can we do as leader to help so this doesn't happen to another family? i think the issue has national atte

daniel penny said he had to intervene.rvened with some food. >> so one of the things i think need to be discussed and i'm curious to see your thoughts, we have actually seen this before. you mentioned daniel pantaleo. who killed eric garner. we have seen it with kyle rittenhouse. where the right maga if you will, the extreme far right decides to take these vigilantes and prop them up as heros. how dangerous do you feel like that is both politically and practically when you don't have a sense of context, when you don't really understand how the dynamics in new york city function. to take daniel penny to the army navy football game and put him as a hero on a national level. how problematic do you see that being? >> you are conflating victims and heros. you should want someone to intervene if someone needs help but you should not be able to choke someone to death even if it is unintentional. and have no consequences at all. not the worst consequences but no consequences. and i will add to that we had a major of new york city

life the black lives matter at leaders who does days ago promised riots if daniel penny was acquitted everybody as has it vigilantes, we need some black vigilantes! people want to jump up and choke us? and kill us for being allowed? how about we do the same? when they attempt to oppress us! >> the crime jordan neely was guilty of was color, these wonderful white people hope they celebrated their christmas while the jordan neely family is praying to god for comfort. [bleep] america. >> dana: judge jeanine pirro will have a major exclusive, she will be sitting down with daniel penny for his first interview since the not guilty verdict i cannot wait to see that, first look right here on the -- "the five" tomorrow and the full interview streams wednesday on fox nation. judge i'm so glad he will get at this chance to talk to him, you have been at the trial, you know the lawyers involved, you have followed every step? i think this is a result that many of us thought should be the case but as of friday it was definitely not the sure thing. >> judge jeanine: i think friday when they said they

he has no record, daniel penny. as an honorable and marine and seems like a wonderful, very humble person. but he put his own life in jeopardy, which as christians we are supposed to lay down our lives if necessary and love our neighbor. i think he was actually trying to love his neighbors and unfortunately it ended up resulting in another individual's death. but, that's an amazing young man, in my view. >> well, i think that daniel penny's actions were heroic. and the heroic doesn't have anything to do with the fact that jordan neely died. heroic has to do with the fact that he stood up when no one else would to protect other people who were vulnerable. this guy was schizophrenic. he was high on synthetic marijuana and as a former police officer i have dealt with people who are on k 2 spice synthetic marijuana. and they are outrageously strong and do a lot of damage to you if you don't restrain them. so daniel penny was doing what other real men should be doing and that's restraining this guy until law enforcement

, the fact that the new york prosecutor went after daniel penny i want are just as old new york accountable you cannot do this to american heroes, that's what happened but god bless the jury for getting it right. the judge by the way purposely dismissed after the deadlock to try to set the stage for further prosecution, andy mccarthy has written it talked about this extensively. i'm grateful for the jury, it's a great step for justice in america, let's hope our justice department can get a ride going forward. david: let's bring in even further far from field to taxes and what's happening with the trump agenda. a lot of questions over the weekend about what would be president trump's first piece of business when he comes into office some people say it should extend the tax cuts that he put into power in 2017 which expire at the end of next year or whether immigration or both can be done simultaneously, what are your thoughts on that? >> i think they need to run on two parallel tracks need to deliver immediately almost day one within the first week of the presidency administration

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new tonight at nine on tbs closing arguments are expected tomorrow in the high profile case of daniel pennyegedly put jordan neely in a fatal six minute long chokehold after neely boarded the subway and began shouting at passengers in new york. according to penny statements to detectives, he tried to restrain neely until police arrived and did not intend to cause harm. penny faces charges of second degree manslaughter and criminally negligent homicide. joining me now is criminal defense attorney misty maris. misty, good morning to you. so let's start here because prosecutors in this case are not trying to prove premeditation. they're not trying to prove intent. they're trying to prove that daniel penny went too far, violating laws and human decency. it's a lower bar. is it necessarily an easier case to prove yeah. >> good morning. victor. you nailed it. so it's not necessarily an easier case. prosecutors are clear. there's no proving intent. no one is saying that. daniel penny intended to kill jordan neely but the legal standard is recklessness. that's what is the manslaughter charge. a rec

daniel penny you that passengers were in trouble.to kill somebody on that subway car. i'm a woman who watched the subway all the time in new york city and i will tell you you have to be on high alert all the time. you can never let your guard down because there are so many people who have not gotten the help the needy new york city. this is the case all around the country. but i think the jury spoke loud and clear and it was a resounding we are not putting up with this anymore and alvin bragg wanted nothing more than to make this a race issue. even the protesters afterwards want to make it a race issue. but honestly i have a message to eric adams. right now i feel like he is in a very emboldened place, you should make daniel penny in charge of cleaning up the subway system. may can be schizophrenic homeless star of the city and i'm telling you people would be thankful for that. >> tyrus: the whole process that you find it weird when first the jury came back and then they got the judge to throw it out so they can go after a lesser cha

this is the daniel penny segment, i know. i'm so happy for him.ture degree, i think he is going for an architecture degree and i hope he gets a great job and i love his spirit. and i love the way he doesn't seem to be at all defensive or angry. the part of what he said about the system. he has been victor hated, and i wish him nothing but the best and nothing but blessings going forward. >> judge jeanine: but he is a civil lawsuit -- >> harold: i wish and blessings and that, too. >> joey: we have said at the stable since i have been here this week, maybe him being found innocent with not stop people from stepping in, but i kind of see at the other way around, he was still put on trial. he was still charged and put on trial. you saw the judge make moves that kind of put against his favor. and other people giving him death threats. so even though he was found innocent, as a result of all of this, that people in new york saying you know what, better not step in because i might get charged, too. >> jesse: i've canceled all car services going forward a

daniel penny may not have meant to do this, and he did.many times in his life we would not have gotten to this point. instead of bringing daniel penny to football game we can discuss what resources new york city needs to address the chronically homeless and chronically mentally ill. but that's what they want. they want to celebrate something else. hopefully we can respond with the humanity where we can calm things down and address things with and, instead of or. >> public city advocate, jumaane williams, thank you. >>> donald trump on cracking down on wokeness and diversity. but major companies have decided to go ahead and get a head start. i will talk with an expert guest about what that means for business right after the break. ? so i started my own studio. getting a brick and mortar in new york is not easy. chase ink has supported us from studio one to studio three. when you start small, you need some big help. and chase ink was that for me. earn up to 5% cash back on business essentials with the chase ink business cash card from chase

daniel penny is a hero!a: and of course unhinged liberals will always find a way to blame trump. >> part of a class and culture war we see. i think a lot of it has come out of the woodwork since last presidential election where hate is allowed to be impetus to support certain people in certain causes. >> laura: and finally, they are finding excuses justifying the killing of the health care co. >> an icu nurse commenting on reddit and honestly i'm not wishing anyone harm that you spend so much time and made so much money by increasing the suffering around deal, but it is hard for me to summon empathy that you died." >> people feel disaffected, angry, cheated, that there is no way to participate in the system in a fairway. >> that goes to the heart of the matter, doesn't it? a perceived injustice that this killer was fighting against. now we've heard the same rhetoric and it was used in justifying the blm riots go to the harassment against conservative supreme court justices. that threats against pro-life inst

i don't want to deal with what daniel penny dealt with. >> the supporters of daniel penny feel that way. why would they go through the things that he did? that legal process, not only was it exhaustive and upheaval of his personal life and also very costly. of course, looking at that situation, his supporters will say maybe this will be the chilling effect that people will not intervene. look at what took place with daniel penny. there is certainly supporters that believe that's taking place. hopefully even -- hopefully there are others that will step in and even in his interview with judge pirro, daniel penny said he would, if given the circumstances, in his future would need assistance he would step in and do so. even -- maybe someone out there who feels that they don't want to intervene, take those words and certainly coming from daniel penny himself saying that he would go and intervene if necessary in the future if somebody does take place. >> aishah: this is what the former dhs deputy assistant secretary said about the sad, sad set of circumstances we're living in now. >> maybe it

daniel penny who for the last year and a half went through.d imprisonment as far as i am concerned by a corrupt political prosecutor. a medical examiner who would wait for the test results. i wouldn't tolerate that as a medical examiner when i was d.a. we don't care how much drugs he had in him. this is a strangulation. without the all injuries that i won't waste your time with fear. daniel penny however does face civil charges going forward. but tomorrow and today when i spoke to his lawyers and to him, they are trying to celebrate and take in the fact that the justice system work for them. >> he is 27 years old. >> 26. >> his life has been on hold ever since he stepped in. harold, how do you rate this result? >> it's good to be with everybody. today was which our justice system delivered a verdict. i did not want to see daniel penny convicted of even what was dismissed by the judge -- which was a curious decision by the judge in this case. i would agree with judge jenny. one of the focuses today, mayor adam said it well a day or two ago when

>> 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

good news, bad news for daniel penny what he did.hink about it some jurors, we don't know how many, law, one juror that was hung up. might have been 11 jurors wanting to acquit daniel penny on the manslaughter charge and maybe just one juror that. ed to convict him. but the fact that there was a hung jury on the more serious charge is not great news for daniel penny now the judge is saying on monday they want the jury to hear the lesser charge, right? the negligent homicide is just being reckless and that caused the death. if you have already got one or more jurors hung wanting to convict penny on the more serious charge, then rest assured, when they dlicialt on monday they are going to want to convict him on the reckless negligent homicide bad news hung jury. good news some jurors in his camp that hung on the more serious charge. those jurors are-likely to stick with him on monday. so we're likely to see a hung jury by monday or tuesday on the lesser charge jordan neely's uncle spoke today. >> on behalf of the neely family, i want t

i think his intention was to prosecute daniel penny by any means necessary.n american hero because he stepped up to assist people that didn't have the ability to to protect themselves on that subway car. so when we look to the process that's happening, it's now become something more is how can we catch and convict daniel penny as best as possible as opposed to letting -- [audio difficulty] will: i think we lost the connection there a little bit with dr. darren porcher, but we got much of the information we hoped to get this morning, and we appreciate him. >>> coming up, trump assembling his border team before his inauguration. the latest on his nominees next. my moderate to severe plaque psoriasis held me back. now with skyrizi, i'm all in with clearer skin. ♪ things are getting clearer ♪ ♪ ♪ yeah... i feel free ♪ ♪ to bare my skin yeah that's all me. ♪ ♪ ♪ nothing is everything ♪ ♪ with skyrizi 3 out of 4 people achieved 90% clearer skin at 4 months. and most people were clearer even at 5 years. skyrizi is just 4 doses a year, after 2 starter doses. don't us

daniel penny is a hero. you could say anything you want talk to people who ride the subway every day. as i do all the time. i do all the time, so i can't find anyone who rides the subway who's unhappy about this verdict? >> well, that doesn't sound any more pleasant than what we're hearing from, but here's an icu nurse commenting on reddit saying, honestly i'm not wishing anyone harm. but when you've spent so much time and made so much money by increasing the suffering of the humanity around you, it's hard for me to summon empathy that you died i'm sure someone, somewhere is sad about this i'm following his lead of indifference this is so specific and it's from someone in the health care industry um, i don't know. i'm just trying to make sense of it. >> and what's happening in our society is there is this lack of empathy. and arthur, again it is. >> she says it doesn't come from nowhere right? right. exactly. >> justification and people feel disaffected. they feel very angry they feel cheated. they feel that

daniel penny is a hero. you could say anything you want talk to people who ride the subway every day. because i do all the time. i do all the time. so i can't find anyone who rides the subway who's unhappy about this verdict? >> well, that doesn't sound any more pleasant than what we're hearing from. but here's an icu nurse commenting on reddit saying honestly, i'm not wishing anyone harm but when you've spent so much time and made so much money by increasing the suffering of the humanity around you, it's hard for me to summon empathy that you died. i'm sure someone, somewhere is sad about this. i'm following his lead of indifference. this is so specific, and it's from someone in the health care industry. um, i don't know. i'm just trying to make sense of it. >> and what's happening in our society is there is this lack of empathy and arthur, again, it is, she says it doesn't come from nowhere. >> right? right exactly. >> justification and people feel disaffected. they feel very angry they feel cheated. they

daniel penny's attorney will join the show.l penny, whole thing on fax nation plus a family friend and former classmate reveal what they know about the ivy league student turned murder suspect, the guy is insane, charged with killing the ceo. and mystery drones buzz over new jersey neighborhood, everyone seems clueless. cincinnati bengals quarterback, joe burrrow's home was broken into. will cain is not a suspect, he impacts latest in this string of robberies against high-profile athletes. don't go anywhere, matter of time, 10 minutes, lawrence jones will be here, almost dressed, we have reindeer, steve and ainsley and gifts. thank you, chris, only three this year. stay within yourself, america. dry... tired... itchy, burning... my dry eye symptoms got worse over time. my eye doctor explained the root was inflammation. xiidra was made for that, so relief is lasting. xiidra treats the signs and symptoms of dry eye disease. don't use if allergic to xiidra and seek medical help if needed. common side effects include eye irritation

this is a big victory for daniel penny. of people say it shouldn't have gone to trial. >> thanks for the question. it's a failure on the part of alvin bragg. he tried this case for political racial reasons, for ten days this case was sitting there. he decided to prosecute, and the jury said no. it's very clear that alvin bragg goes after people that basically if politically motivated. he went after trump and he went after this individual because the suspect was black and the jury said no. >> yep, and what do you make of this idea that after the judge dismissed the more serious charge regarding manslaughter that alvin bragg came back to the judge and said we've got to give the jury another charge. let's go with the negligent homicide charge and the judge said okay and gave another charge of the jury and they went away for the weekend and came back this morning and said it's just not there. we haven't proven what we need to bring back the conviction. what do you think of what some people say is the game the manhattan prosecut

>> dana: the daniel penny trial. the jurors have gotten back together. a little confusing for the lay person to get up to speed on monday and thought wait, i thought he wasn't guilty on this. there seems to be some shenanigans, the lawyers say there should be a mistrial. the judge says no. now what? >> the issue with the way that the jury came back was that they said they couldn't reach a verdict on the manslaughter charge, which was the more significant charge. it was required reckless finding. we know for sure that there is at least one juror that wanted to convict on that charge. the judge had also instructed the jury they could not reach the negligent homicide charge unless they reached a verdict on the first charge. because they couldn't reach that verdict they were sent to deliberate on the second one. i don't necessarily think it's incorrect. those are alternative charges. they are totally different standards. the bigger question here, though, is can the defense get a hung jury? they can't likely get an acquittal. we know there is at least one jur

we have taken the measure a little bit of daniel penny. have seen that in that interview with him and heard a little bit about his life. ask yourself about this, with the person got on and behave the way neely did had been white, would daniel penny have done anything different? i would argue no. i would argue perhaps the only person that might have done something different is alvin bragg. >> laura: pretty good point. paul, neely's father zachary, he is suing daniel penny and that is usually how it goes. the suit filed new york supreme court accusing of assault and battery that caused injuries and resulted in his son's death last year. this father was apparently in an out of jordan neely's life even reportedly trying to take money from his so-called street performances. this is a shakedown. >> yeah, you know, if the verdict comes back as guilty, that is a higher standard of proof you will need in civil court. that will impact the case like that. look, i don't know what went on between neely and his family but i do know he walked away out fr

we're scared by him and we're grateful to daniel penny.cts and base our opinions on that, what a concept this country is different. and i do believe again, there's always going to be some sort of prejudice on on every side in every country, as long as there are human beings on this earth. but for the most part, i truly believe in my heart that most americans, no matter our race, color, political views, socioeconomic status, just want what's best for each other. even if we disagree, the division has to stop and i think there's so many more good people out there who are willing now to say, enough, we're done with this. i hope. >> charlie, do you think that extreme activism also got a check today that people are no longer going to just fall for? to your point, i hate when people say to your point, but what she just said about it because one of the statements was made, it was like this was a horrible, racist day for us where they're taking us back 60 years, y'all. and they continue to no matter what the facts are. and then the other side of it

didn't do what daniel penny would have done.cted this would happen, i wrote a column the day the daniel penny verdict came if not guilty, here is what i wrote putting it up on the screen: isn't this the... >> that's right. >> is this the obvious result that people are afraid to intervene. >> yes. and it's also parts of what is going on in california, and elsewhere in the defunded police movement. the ridiculous dynamic where they made stealing a misdemeanor, essentially encouraging it. we are a society looking to the laws for an indicator are what is appropriate, and this - it shows you the power of one action of the government when it comes to policy on the citizenry. so this is why policy matters. every single statement matters, and for new york, you know, yes, the daniel penny trial people are saying oh, well, he was found not guilty, he had a gofundme that got $3 million. the thing that is keeping people from acting is the fact - it's impossible to withstand the machine when it's facing you. we saw it with trump - thank god

here's the soundbite of daniel penny talking about it. >> daniel penny, can you tell me how you are feelingut this right now? can you tell me how you are feeling? feeling great guys and just a great day. >> thank you. >> steve: so that is at the stonestreet tavern, manhattan, not too far from the courthouse. so, you know, he a huge smile. we had not seen him smile because for the most part, this not guilty verdict was a surprise. because many expected to find him guilty of the lesser charge or deadlocked as well. but the jury acquitted him. remember, the more serious charge was dismissed by alvin bragg last week. so, then for the jury to come back and say okay, not guilty. and acquit the guy that is remarkable. particularly in manhattan in manhattan where if the jury was deadlocked in the first charge. it would lend to the belief that there could be another deadlocking but reasonable doubt. the entire jury room everybody had reasonable doubt. we'll don't think he did this on purpose. >> lawrence: bry? >> brian: alvin bragg failed again. epic embarrassment for this country. hopefully the beg

so i think that the comments about the daniel penny case are relevant. you see the same thing happening with luigi mangione, for example. they are relevant with regards to a critique of the left insofar as the left treats criminals as victims. but, they are notvel rant, i thirelevant,the daniel penny efl have little effect in the medium or long term on people's plift tproclivity to help. >> manhattan d.a. alvin bragg continues to overcharge people like daniel penny who was aquaked while overcharging, not charging at all or letting violent criminals out of jail so they can victimize others. but then they say this on twitter and elsewhere in other media. they say things like this is from bragg. new yorkers rely on public transportation and our transit system and it should be a safe environment for all manhattan knights. jeopardy of commuters riders and workers. so, after there is consequences for their policies they then turn around and say they are doing everything they can to keep people safe when it's clearly not true. that's what happens when you treat

so daniel penny is unanimously, you know, he's acquitted. and all the blm people came out and said all the awful things they said, which was amazing to me. but unlike 2020, in my hometown of minneapolis, we did not see the big protests and the demonstrations that i think that blm really wanted. so i do get the sense maybe that we're starting to turn that the fever on that has broken. well, yeah. >> to be fair, blm ran out of black people. >> oh they did. >> did you not see the march? it was just like white liberals and one brother looking for the subway. >> and what do you think? do you think it is this case or do you think it's just that the air has run out of the, the blm movement? >> you can only down our backs so long and tell us the rain. eventually we're going to go. that's not rain. americans just got tired of it. you can't group us anymore. and the one thing this the one thing, the unintentional thing of this administration is, is we all felt the hurt together. we all felt the electric bills. we all felt the missed justice. we all sa

several eyewitnesses saying they felt relieved when daniel penny stepped in. the defense closing arguments are expected to take around two hours, and the prosecution goes next. a lot more to watch from down here at the courthouse. >> sandra: as soon as the judge is able to run out of that courtroom she will step up and give us an update for ming tsai shortly. thank you. >> there are no kings in america. each of us is legal before the law. each of us is equal before the law. >> in my administration, no one is above the law. >> mike: president biden doing the thing he said he never do, walking back his promise to the american people and issuing a sweeping pardon to his son hunter biden. a stunning reversal sparking fears backlash. "the new york post" cover reading, "hunter gets away with tit." rich edson is live from the white house with more. >> it has press secretary karine jean-pierre spoke to reporters aboard air force one. she maintains that hunter was targeted because his last name is biden. echoing a lot of what president biden said last night, enhancing

daniel penny is unanimously acquitted. the blm people came out and set all of the awful things they said which was amazing to me. but unlike 2020 and my hometown of minneapolis are, we did not see the big protest and the demonstrations that i think blm really wanted. so i do get the sense maybe that we are starting to turn, the fever on that has broken. >> to be fair blm ran out of black people. did you not see the march? it was just white liberals and one brother heard on the subway. >> tom: do you think it is this case? or do you think the air has run out of the blm movement? >> you can only pass it down our backs so long and tell us it is rate eventually we will go that that is not rain. americans just got tired of it. you can't group us anymore. the one thing the on it to nothing of this administration is we all felt the hurt together. we all felt the electric bills. we all felt the miss justice, we felt they are charging him for a crime that does not exist yet? that resonated with everybody. but nothing will stop the

jury deliberations continue this morning in the trial of marine veteran daniel penny. s goes, do you have any sense of whether that's good for penny or bad? >> it's very hard to say. everybody is guessing. all these rumors the verdict would come this week and verdicts do sometimes come on friday, it seems. it is very -- nobody knows what is going on inside the courtroom. they've asked for three pieces of evidence read back to them. are they all asking, is one asking, are several of them asking? you don't know, for instance, if they are arguing over one of the charges. there are two charges here. could have a split verdict. one, inc. i would point out. if they decided on the top charge, normally the way they would start looking at this, then if they are still going and decided on the top charge, it argues the top charge would be not guilty because if they found guilty on the top charge it would import the lower charge. if they look at it charge by charge. there are lawyers on this jury. they may have taken that kind of approach. that could be where it is. that's pure spe

back to the deliberations in the marine veteran daniel penny's case. they are deliberating whether or not penny is guilty of recklessly killing jordan neely, a mentally ill homeless drug abuser on the subway last year. this was a situation where witnesses say they felt threatened by erratic and threatening saying somebody is going to die today jordan neely. penny steps in. penny faces charges of manslaughter in the second degree and criminally negligent homicide. if he is convicted of manslaughter he faces 15 years in prison. he says he was protecting himself and those fellow subway riders from jordan neely who was acting erratically and making violent threats. new york city mayor eric adams here. >> now we are on the subway we are hearing someone talking about hurting people, killing people. you have someone on that subway who was responding, doing what we should have done as a city and state of having a better mental health facility. those passengers were afraid. i have been on the subway system and no what it is as a police officer to wrestle the fi

sgls sglo and the case of daniel pe penny. this is a wake-up call, watch. >> people will wonder if their local prosecutor will prosecute them for doing the right thing. >> lawrence: battle over tr transgender surgery for minors heading to court and could have implication across the country. we'll preview the case. >> brian: final hour of "fox and friends" starts now, get dressed. fox news alert, today on capitol hill, some of president trump's cabinet nominees will make the round on cabinet side. trump is considering replacing one key pick. >> steve: bill melugin has the latest. bill. >> bill: good morning to you. w "wall street journal" dropped a report claiming trump is considering replacing pete hegseth as defense secretary nominee with florida governor ron desantis. we have not heard tr trump or governor desantis's office yet. here is part of what street journal is reporting. trump's allies think pete hegseth may not survive further scrutiny, which considers next 48 hours to be crucial to his fate. one republicans he's wor

and then there's the family of the defendant, daniel penny. and dante. his attorney is issuing a statement speaking about what has happened to his client saying for over 18 months, our client has lived under the weight of a criminal indictment, all the while guilty of nothing more than trying to protect his fellow new yorkers from a psychotic madman with a history of violence, unquote. i wonder what your reaction is when you hear jordan described in that way. >> well, it just shows the lack of compassion and empathy, and it's not a realistic statement because when you break it down, there was no way for daniel penny to know about jordan neely history. he didn't speak to him at all. and in fact, the entire incident only took 30s within 15 seconds of jordan being on that train and screaming at people and making people afraid. daniel penny came from behind him and took him down the train arrived at the station 10s later. 30s later after jordan neely got on that train everybody was off the train. the threat was over and daniel penny continued to hold him and

he is ending his term now with this daniel penny case, right?ll be his legacy that he tried to prosecute a young man with no criminal record who served his country honorably and who did what many people in the subways would hope, which is to be a brave young man and step up and try to protect people on the subway. >> dana: that sentiment is also part of th here. anyone who rides a subway. there are many of them. a lot of people in new york want to work and get there on time and not bothered by this kind of thing on the subway. >> the jury was asked how often do they ride the subway? all if not most were occasional to every day subway riders. and so you just have to ask the average new yorker what is the subway like and they'll tell you it is pure chaos. i think the crime statisticians pretend crime, it is so complicated. is it up or down. when you see what's happening to pre-pandemic levels certain offenses, murder, felony, assault and robbery crime is up. everyday new yorkers feel that. >> bill: the witnesses who said he got on the train and sa

if i was in that car i would have been thanking daniel penny as well.st a hung jury. >> harris: how much of the medical do you see in this case? what you were talking to me about injury to the neck and all that, it is important. >> judge jeanine is the only one i've seen pull this out. no neck bones broken. the hyoid bone breaks easily. not broken here. that came out in the medical testimony from the defense witness. i think to me that goes to the fact that witnesses and daniel penny all say i just was trying to restrain him and it went the way it went. >> harris: the drug k-2 was in his system. we had dr. boyden saying yeah, it is a problem for the victim to have had that in his system. let's get to this. new york city police arrested a 13-year-old illegal immigrant saying he and three other masked suspects beat and stabbed a man in times square a couple of nights ago on sunday. the reason apparently because that man would not take their picture. well, those three other suspects are still free right now. still trying to find them. we're seeing stories

house of cards against daniel penny is falling apart. h evidence that penny was protect being himself and others and other factors likely contributed to neely's death bragg's decision to prosecute looks like politics. other factors likely contributed talk about his drug problems. >> right. he had a drug called k2 in his system. synthetic marijuana. it is not that, it acts in the same reexcereceptors. for a long time it wasn't here in new york. why does it matter? because it makes people crazy and it doesn't show up in urine tests. a lot of people who are mentally challenged and the results are unpredict aq. he had in in his systems. when the system that we have completely breaks down. not only did he walk away from mandatory psychiatric treatment because of other things randomly punching a woman in the face. they stopped enforcing k2. you get circumstances like this. nobody thinks jordan kneelly will be dead. it didn't have to happen. we have abdicated criminal justice's role for this kind of thing. >> bill: the medical examiner testified

. >> brian: straight ahead, daniel penny is a freeman this morning. is this case the last straw for new yorkers? are they that fed up with manhattan d.a. alvin bragg they will kick him out? we'll discuss it. hey. hey! it can be so easy to get busy and distracted during the holidays. easy to lose focus. easy to lose sight of what this season is really about. for god so loved the world that he gave us his only son. don't lose sight this advent. pray every day on hallow i look back with great satisfaction on my 32 years in active duty. i understand the veteran mentality. these are people who have served. they've been in leadership positions. they're willing to put their life on the line if necessary. and they come to us and they say, i need some financial help at this point in time. they're not looking for a handout. they're looking for a little hand up. my team at newday usa is going to do everything we possibly can to make sure that veteran gets that loan. your business needs a network it can count on... even during the unexpected. power's out! -power'

daniel penny is facing a single count of criminally negligent homicide in the death of neely. nny's attorneys wanted the judge to declare a mistrial. the judge is urging the jury to consider is lesser charge. >> bill: cb cotton begins our week monday morning outside the courthouse yet again in new york city. cb, good morning. >> good morning. defense attorney told the judge that continued deliberations would be elbowing jurors to reach a verdict and called for a mistrial. ultimately the judge sided with prosecutors' request to dismiss the top charge this past friday after jurors came back deadlocked on it twice. so today jurors are back to weigh whether penny was negligent when he placed jordan neely in a choke hold on a new york city subway last year. criminal defense attorney has said if penny is now convicted on the lesser charge defense attorneys will have a great appeal and he says how the judge handled deliberations is a miscarriage of justice. >> what that does is induces jurors to throw up their arms after deliberating three or four days and say okay, let's get him on t

daniel penny didn't try to kill him.he police station or go to a mental health care hospital. he accidently died for whatever reason maybe the chokehold or something else i'm not going to speculate. regardless this case should have never been brought. this is how anyone in his situation would have and probably should have acted. >> brian: you have a warning for people. if is he convicted, what is the warning out there for the next time a belligerent person gets on a subway or any type of close situation and starts making threats? what is actually at stake with this verdict? >> well, obviously, it's going to scare a lot of people i inaction. and i don't think that's just in this case. that's not just in subways. that's not just in dealing with people that are out of control. this is going to have farther reaching consequences. you know, there is good samaritan laws that protect people a lot of people are going to wonder if their local prosecutor, if they are in a deep blue state is going to throw that aside and prosecute

manslaughter trial against daniel penny will be.hanley painter outside the courthouse. >> good morning guys. just a fewer hours. five men, seven women will return to this courthouse behind me for will the all important closing argument. we do know here the defense will go first. >> prosecution will have the final word. and over the last several weeks, the prosecution has called more than 30 witnesses in its effort to prove that 26-year-old daniel penny went too far. recklessly placing 30-year-old jordan kneelfully a chokehold on a new york subway train for nearly six minutes, causing neely's death. and while eyewitnesses testified during the trial that neely who was homeless, on synthetics drugs and mental illness caused them to fear for their lives. after he entered the subway car he threw his jacket down and began yelling. prosecutors are on the length of that chokehold with the medical examiner saying that was the sole cause of his death. because penny had the training in the military he knew the risks of his actions. penniens at

there we go in the home in new york of the great patriot daniel penny.ot more daniel pennies in this country. because we have far too many jordan neely's. >> did you notice him smirking after making those comments? joining me now the reverend al sharpton, president of the national action network and host of politics nation and max rose, army veteran and senior advisers to vote vets. bernie gates love for me. this man was duly acquitted. daniel penny. and so he had his day in court. he was acquitted. i think that is fair to say. but the idea of celebrating a tragedy that resulted in a man being dead, choked his last moments being on the floor of a subway, that's someone's son. that's someone's family member. that's someone's beloved family member. the idea that the right is now turning this into the greatest thing -- the greatest act of heroism they've ever seen and want to give him the congressional gold medal and this guy, who apparently is susa's sonl, maybe says a lot, lauding him and smirking at the death. your thoughts. >> it is amazing to me that y