let's play it. >> daniel penny killed a man. he took a life. $3 million would i somehow make this go away or buy his pass, it's not going to happen. >> daniel is the only one on trial. the right and duty to defend one another will be on trial too. mike: what is at stake in this case, lexie? >> well, this is a very important issue, i think, for the city of new york in general. people know the reputation is, and rightfully so, that the subways aren't messily safe places s. and what's interesting is that usually in these cases the defense attorneys want to the move as far away from the venue as possible because it could potentially be tainted by pretile publicity, but his defense attorneys want him tried by a jury of his peers in manhattan. i've never heard before this case, strap hangers who have experienced, that might have experience on the subway and might have been scared themselves on the subway. and when i see people speaking out and calling him a killer and a murderer and casting blame on him, you just have to wonder if those people would

but none of that gets done, but daniel penny who was just using the chokehold in order to, like, calmtion down with no intent, i guess bragging will try to prove -- bragg will try to prove intent, it's very upsetting, and i'm sorry it's the happening not just to to daniel penny and to the victims because the city is not serving anybody well. >> it sure isn't. all right, coming up, rfk jr. giving the democrats more things to worry about, and it's not the shirtless workouts. ♪ ♪ with moderate to severe plaque psoriasis, my skin was no longer mine. my active psoriatic arthritis joint symptoms held me back. don't let symptoms define you. emerge as you. with tremfya®, most people saw 90% clearer skin at 4 months... ...and the majority stayed clearer, at 5 years. tremfya® is proven to significantly reduce joint pain, stiffness and swelling it's just 6 doses a year, after 2 starter doses. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or pla

and daniel penny did very, very well. i think he got more money if memory serves than his victim. jordan nearly hit his obviously george meal east at the historic meal, his family. and there's a um, tennessee, you say, well that means the police officer is getting more sympathy. but i think that's not quite the way it is. i think it's just the, the money is talking towards the forces of reaction because that's the way the class to the division exists. now last on the political front, there has been thousands of arrests, millions and millions of dollars worth of stuff loot in vandalized torch. but there seems to be one victor here, and that's maureen le pen. you've mentioned her already. and her far right circles . my call is on the ropes, he's a lame duck president. he's got the olympics coming up next summer. how's this pan out for the political circles in france as well? everything in politics comes down to timing. if the left, if there were an election held today, if uh, my home were to step down right now and the new uh election were i think the election would be held either a

what daniel penny felt that not -- >> jesse: a lot of knots. >> jeanine: i think he is going the same. i think that mayor adams is doing the same thing. she reprimanded the press. she said they are making it all up. he is doing the same things, saying the press is going out of their way and new yorkers are too dumb, they have to believe what they are reading in the newspaper. he is going to go the same way she is because new yorkers need the city to be safe, for businesses to be successful, and for people to feel that they want to live here. >> jesse: new yorkers have been waking up in the morning and reading the newspaper for a pretty long time, dana. what's changed? >> dana: well come about the thing peered i love that observation, judge, about lori lightfoot because i had not thought about it that way. but she did start to do that. remember, everybody else's fault but hers. guys, you can see with your own eyes on monday morning what we report. what happened in chicago over the weekend? we are here, we are living amongst it, and this is the most traveled-to city in america, second-m

. >> harris: daniel penny was first thing i thought of when i saw that from the district attorneyeel like the other people in that locked down subway car who have told their stories of how glad they were that somebody would stand up to a man they felt threatened by, ironic those words would come from this da. >> emily: and from the mayor, we were feeling safe, now we feel unsafe and afraid. i'm exhausted of reporting horrible situations we keep playing and seeing violence over and over. the woman who lost her eye, that says everyday she looks in the mirror, she is reminded of that incident and i'm exhausted for the people who live in constant fear on the fox true crime podcast i host for fox news, i had a security expert, former secret service detail saurp supervisory agent who told how to keep safe while traveling to this city and others. would we have that need if not for the spikes? 9 a.m., 6:00 a.m., showing a poor man getting beat and his four year old and next to him. it is exhausting, only out exhausted by knowing that perp was released with no bail five seconds later. >> h

his attorneys believe there is too much local publically surrounding the case and daniel penny would not get a fair trial. the judge disagreed, saying the case as well known in eureka than it is in the bay area. plus the jury pool is smaller. it would be harder to get witnesses for the trial. the federal trial is set to start in november in san francisco. >>> parts of bay area breathing unhealthy air drifting from oregon tonight. take a look at video from the biggest fire burning in that state. it started saturday in the siskiyou national forest. are it's grown to over 12,000 acres. >>> a live look at the south bay. san jose. you can see a bit hazy. air quality advisory issued for south bay because of that wildfire smoke from oregon. for more, let's go to our chief meteorologist jeff ranieri. the south bay had that advisory, but are other parts of the bay area feeling it or is it cleaner? >> fill terlg around the bay area and getting trapped in the valleys. a look at the real time smoke monitor, you see the fire in southern oregon pushing some of that smoke right there over eureka. t

lisa: you cannot open the store new york city if you're daniel penny's and get to go to jeffrey tryingo step in and exercise self-defense. there's almost a war on patriotic americans the better person the more they try to crash, demoralize and destroy you that's what it feels like i told my yo-yo story i stole a yo-yo from church in kindergarten they made me bring it back and apologize and i did not steal again. they learned the life lesson. my days of stealing were over. we are not reinforcing the consequences. put parents on the case. joey: the most basic form of self-governance to protect her property. charlie: coming up donald trump is dominating brand-new fox business poles but what about the other d for debate. will they bring truck to the debate stage a month from today? ♪ today? ♪ my name is joshua florence, and one thing i learned being a firefighter is plan ahead. you don't know what you're getting into, but at the end of the day, you know you have a team behind you that can help you. not having to worry about the future makes it possible to make the present as best as it can

when you lock up a good samaritan daniel penny and hailed a hero by all those on the subway train, whative me if you have a knot in your stomach. you are causing that not. >> harold: the homeless issue is. scum all of these issues are serious, but you've got got to fight crime. >> greg: it is so, to me, hilarious. they lock up the ice cream. [laughter] but they won't lock up the people who steal the ice cream. what did that freezer ever do. look at that vehicle i was planning on going out tonight with the fridge. what kills me is i think some of the thieves were going to this store 20 times a day. so basically they are like kids treating the stores like their own refrigerator. they just show up. except it is not your kids come all the kids in the neighborhood are coming around and doing that. they're alternative to incarceration is no incarceration. that is not a solution. they have never had a solution because it was never part of their concern what happens to victims, the pain they are suffering is part of the revolution, factored in, baked into the cake so to speak of this transforma

. >> it's tough because in the era of daniel penny i have to tell my sons not to get involved becauseod samaritan to get in trouble. >> trace: mike finn. >> a sad state of affairs where you have to worry but i understand the legal ramifications. >> trace: liz says they should help not just stand there and let the crime be committed and steven medina says that's tough, sometimes help may end up being a hindrance or worse lead to another victim. lot of good stuff. everybody got in. we're good to go on that. thank you all vik and peachy and jill and matt and steve and kevin and jacqui and thank you for watching america's late news, fox news at night. you see... your gut has good and bad bacteria. when you get off balance, you may feel it. the bloating, the gas - but align helps me trust my gut again. because now, there's new align bloating relief plus food digestion. it contains a probiotic to help relieve occasional bloating plus has vitamin b12 to help breakdown food. align probiotic. welcome to an align gut. i will bless those who bless you here in israel and across the former soviet

marine veteran daniel penny has now been indicted. >> america needs miami mayor francis suarez for president. mayor suarez funded the police department and equipped police officers to preserve law and order under suarez's watch. miami's crime rate plummeted. >> s.o.s. america pac is responsible for the contents of this advertising. >> katie pavlik is back. here we go. scoping out the country's premier hunting lodges. everything a hunter could dream of and more luxury hunting lodges of america hosted by katie pavlik. >> season two streaming now on fox nation. right all right, so the ladies of s that hard hittin g show the view on abc continue to defend biden on all front bidens when discuse the report about biden's tecious and nasty temper. >> here's what joyless baker had to say. how nice of her turned on by biden's anger. >> i am, too. i like it. you like. well, you have said that, but i like that. i meananger. like , he's such a mild mannered, sweet guy. >> all right the ghosts also admitted that they don't really care about biden refusing to acknowledge his seventh grandchild because bide

. >> marine veteran daniel penny has now been indicted. america needs miami mayor francis suarez for president. mayor suarez fully funded the police department and equipped police officers preserve law and order. under suarez's watch, miami's pd crime rate plummeted. >> s.o.s. america pac is responsibles (guita for thes of this advertising. >> hi, i'm stacey,and i re and o lost £60 on goal low. d to try gola when i had an international flight i i couldn't fly. being the size that i was, my sister in law tried gallogo and had lost £50, so i thoughtse i'd give gallo a trynse.. i didn't expect the results i got on gallo. i was hopeful, but i did not expect it to be like this. >> bolo just make sense. >> this plan works. change your life at goal. okay, that's goal globacom friday on they are back, baby. the u.s. begin their quest for a historic three peat as alex will go for it. and megan rapinoe cast lead the stars and stripes showdown against vietnam as the fifa world cup friday at 9 p.m. eastern on fox and the fox sports app. >> do you know

marine veteran daniel penny has now been indicted. america needs miami mayor francis suarez for.mayor suarez fully funded the police department and equipped police officers to preserve law and order under suarez as watch miami's crime rate plummeted. s.o.s. america pac is responsible for the contents of this advertising. >> it's the midsummer classic on fox. and is this going to be fun? stars over the field. the world's biggest headliners serving up their mammoth hits and a they're taking center stage for walking show. the mlb all-star game july 11 on fox. >> it's time to get down to the business of food and i'm looking to invest 250,000 dollars of my own. >> it's not just an investment, it's a partnership. each week i'll put the best food entrepreneurs to the test. it has a 2.2 horsepower. >> that's like a go cart witness hustle and make decisions fast and drop the ball. >> this was a profit challenge. i'm looking for my next food star, the person who bece investing in is gordon ramsay's food stars. food stars. >> wednesdayugh the al penns onm on hulu. >> i'm jonathan lawson to

meanwhile, and passengers such as marine veteran daniel penny stand up to stop criminals. because a lot of people are scared to use the subway, the same bragg press charges against them. >> watch. i know the statistics thatrime transit crime is down, but when one of my family members gets on the train, i do get a knot in my stomach. i get >> really? well, why don't you try and help those who then do somethin a m>> whyg about that r than persecute them and prosecute the who? morrow is an attorney and retired nypd inspector. all righ t. t well, there's two things here. let's first of all, talk about this idea that the mayor idea t. apparently, it's a sort of media creation, an atmosphere, y a false atmosphere of a lot of crime in new york. rright. man h what's your response to that? look, blaming the middleman here isn't going to moveert goin the ball forward, okay? new yorkers have eyes, but more importantly, new yorkers haves have emorely phones.everyb everybody these days has their phone. it has cameras and video on it. so no matter what the media does, new yorkers are se

so this reminded me a little bit of not exactly the same, you know, the daniel pennie he clearly is pennieed him before there's investigation. there's been any investigation. an i mean, an and you know, i mean, obviously in the moment on the video he was wrong. but video what he did was wrong. but i give police i mean, if you give police weapons police have to weapons and if police have to have weapons to deal with what they're france, they're dealing with in france, then mistakes are going to be made. a mistake at made. if i make a mistake at work, you know, i swear or something, it's know, nobody something, it's you know, nobody dies. the police make dies. but when the police make mistakes, you mistakes, somebody dies and, you know, we can't destroy mistakes, somebody dies and, you know,for we can't destroy mistakes, somebody dies and, you know,for that. we can't destroy mistakes, somebody dies and, you know,for that. no can't destroy mistakes, somebody dies and, you know,for that. no i:an't destroy mistakes, somebody dies and, you know,for that. no i acceptestroy mistakes, somebody dies

so this reminded me a little bit of not exactly the same, you know, daniel same, you know, the daniel penniened him before there's been any investigation. an know, i mean, an and you know, i mean, obviously in the moment on the video what was wrong. but video what he did was wrong. but i you police i mean, if you give police weapons police have to weapons and if police have to have weapons to deal with what they're france, they're dealing with in france, then going to be then mistakes are going to be made. if i make a mistake at work, you know, i swear or something, it's know, nobody something, it's you know, nobody dies. the police make dies. but when the police make mistakes, you mistakes, somebody dies and, you know, we can't destroy know, we can't we can't destroy them accept that. them for that. no i accept that. leo independent now, a nice leo the independent now, a nice little extortion that little extortion racket that tony soprano would been tony soprano would have been proud government proud of with the government loans thousands businesses loans so thousands of businesses can't af

and daniel penny did very, very well. i think he got more money if memory serves than his victim. jordan nearly hit his obviously george meal, each death of his drug meal, his family. and there's a um, tennessee, you say, well that means the police officer is getting more sympathy. but i think that's not quite the way it is. i think it's just the, the money is talking towards the forces of reaction because that's the way the class to the division exists. now last on the political front, there has been thousands of arrests, millions and millions of dollars worth of stuff looted in vandalized torch. but there seems to be one victor here, and that's maureen le pen, you've mentioned her already. and her far right circles, my call is on the ropes. he's a lame duck president. he's got the olympics coming up next summer. house this pan out for the political circles in france as well. everything in politics comes down to timing. if the left, if there were an election held today, if uh, my home were to step down right now and the new uh election were i think the election would be held eith