says that he was continuing to struggle that entire time against penny against penny. trying to break free. and his point was to try to hold him so that he couldn't cause anyone injury on that train. am i right. >> yeah and you are allowed to do that. this is why the justification defense is so important. when you have the person subdued, it is tell reasonable to maintain him in that kind of a position and it is clooer that he was being careful about the this. remember the testimony about how they rolled him over to make sure that he would be able to breathe to make that a bit easier. but you are allowed to continue to restrain them because it is a common place for people in the situation, especially if there is agitated when they come to they start fighting again. they start struggling again. you are allowed to apply restraint until the police come. and then you turn him over to the police. he did that and he thought neely was still alive at that point. >> martha: i mean, it's clear his intent was to restrain him, to prevent injury of other people on the train and so

one is for penny, one is against penny. chanting with bull horns and getting into a scuffle. an hour ago our crews were out there. the anti-penny group is so loud people inside the courtroom can hear them. i have a problem with that. that to me could be juror intimidation. we'll get into it. on friday the judge threw out the more serious second degree manslaughter charge after jurors became deadlocked twice. they could not find guilty, not guilty in this case. they are now considering one count of criminally negligent homicide. critics disagree, why not call the mistrial. it would require a mistrial meaning daniel penny goes free but prosecution can try for a new trial. instead, bragg's crew is gaming the system using information gained from deliberations so far to try for a more limit edwin. former assistant u.s. attorney andy mccarthy tore into district attorney alvin bragg's handling of this case. >> bragg threw in the recklessness count in hope of being exactly at this place where, you know, he is driving the jury to a compromise verdict. you have to wonder if some jurors

penny's peers.ring 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 who was, that jordan neely, who was so out of in that moment that he died and nobody wants to him to have died including daniel penny. he didn't behave in any way

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

and daniel penny never gave him a chance to surrender. personal it is to snuff someone's life out and squeeze the life out of them. that's what happened. >> and the civil trial has a different as you said, different bar to reach, but what troubles me and i want your prominence about lawyers. doesn't it put all citizens at risk if we start saying legally people can take law into their own hands even if it ends up a fatality? i mean, this beyond race. and i think race may have been involved here, but beyond race, isn't this a dangerous precedent? >> absolutely. vigilante justice cannot be allowed anywhere. it is a slippery slope to say someone trained to kill can get off and someone who is not trained can be reckless and you can even act just because you are afraid. you can do something to someone. listen, rev, i absolutely understand the concept of being afraid in the city. i understand seeing crimes happen. i grew up in brooklyn. i watched a woman get attacked on my block when i was a first year law student and i intervened in a crime. a

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 fight with someone. it is imperative we look at the totality of this problem. i'm hoping that the jury will hear all the facts based on all the facts laid out, a jury of his peers would make the right decision. >> harris: cb cotton is live at the courthouse in new york city. >> what a busy day. moments ago t

was not justified in using that force, in fact daniel penny daniel penny was justified in using thatven, 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 vigilant

you got some jurors that are saying hey, look, penny, they believe penny consciously was in disregardf neely's life, knew the risk, still did the chokehold, and, therefore, he should be found guilty of manslaughter, do you think those jurors now are going to do a 360? no, like you said, they are going to be like okay, i'm going to get him the lesser charge. let me tell you one thing, laura where this judge messed up and there should have been a mistrial on this entire case and penny's lawyers are going to have a great appeal issue. the judge should have asked that jury why they hung. because there is a legal justification defense for penny. that's a self-defense. and if this jury agreed that penny was entitled to self-defense, then he is off on both charges this that jury hung the justification issue it should have been dismissed that judge never asked. that's an appealable, erroneous issue on the judge's part. >> laura: andrew, do you agree with that? that's an excellent point. no, no, no. this is -- they couldn't decide. so how do you go to the lesser charge in that case? >> yeah. a

daniel penny declared not guilty, judge jeanine pirro will join us. mysterious drones over new jersey getting national attention. my dad reached out to ask if i'm okay, how can authorities know nothing. the man arrested for one of the two assassination attempts on donald trump is in court this morning. so much going on, we'll see you at 9:00. lowe's knows the perfect gifts don't have to stretch your budget. that's why we offer a free select tool when you buy select tools and batteries from our top brands. so, perfecting the holidays... oh, you're good. is easier than ever. lowe's knows how to help you holiday. >> brian: mysterious drones still flying overmade in new jersey. governor murphy is set to meet with security officials this morning. >> ainsley: they're calling on murphy to declare a limited state of emergency and be at today's meeting. >> representative, thank you for joining us today. what do you expect to get out of this meeting? so far we have gotten a lot of non-answers. what can you do to demand on behalf of the residents of new jersey s

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

penny could have faced up top 15 years in prison on that charge. it has been such and high stakes day here at the courthouse. we know the jury came back twice, deadlocked, unable to reach a unanimous decision on the second degree manslaughter charge and that is when you had a conversation in the courtroom between the prosecution and the defense on what to do next. ultimately the judge dismissed that top charge. we also know so far in the trial, that jurors requested to review a lot of information, a lot of video evidence, they have wanted to we are view portions of testimony and they have asked the judge at least twice to explain the laws in this case. they asked for the definitions of recklessness and negligence. they also asked the judge to redefine what a reasonable person is as it comes -- it pertains to use of force. i have been tacking to legal experts including a retired new york criminal court judge and he had an interesting take on what all of this means from the jurors and the dleliberations room. >> what i do know as a minimum is that th

penny's defense team that he protected others and subway riders were grateful penny stepped in.ctivists say the case wreaks of racism. >> today white supremacy got another victory. today the kkk, the clansmen, evil in america got another victory. they got to top charge dismissed. >> so penny could now face up to four years in prison if convicted. but per new york law, the judge may also decide to sentence him to just probation. a lot more to watch here bill. back to you. >> bill: cb cotton in new york. thank you. >> dana: let's bring in andy mccarthy. two headlines from the "new york post" editorial board. daniel penny jurors duty now is to reject a kangaroo court injustice and then this is from you actually prosecutor judge make mockery of justice in trial of subway hero daniel penny. fox news opinion.com. tell me more, andy, about what we can expect today as this has settled in over the weekend. >> well dana, as far as the jury thinks, they are coming to start all over again on a brand-new count that they hadn't considered yet. they've been at it for four days, about 30 hours

and the struggle and restraint by penny.s the distinction because still, even in the defense's equation, the resistance to penny and the struggle on the train contributed to his death yes. >> so this is the issue for the defense. they're trying to break causation, meaning that if the jury were to determine that daniel penny's actions did not cause jordan nealy's death, then it would cut off any criminal culpability that could exist. and that's why we heard from the defense expert. but to your point that combination of factors what's going to really matter when it comes down to it, is what the jury instructions say. the defense is likely to argue that the jury instruction should say that if daniel penny's actions, that chokehold was not a substantial factor or the only factor in jordan nealy's death, then you cannot find him criminally culpable. however, the prosecutors are going to say even that combination could still result in a causal connection and you can convict daniel penny. that's going to be a battle royale between

house of cards against daniel penny is falling apart.ch 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 testifie

a verdict causing the courtroom to erupt and collapse from penny's defense as well as threats on penny'som black lives matter leaders who just days ago promised riots if penny was acquitted. >> everybody else has vigi vigilantes. we need some black vigilantes. 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? >> the only crime that jordan neely was guilty of was the color of his skin. these wonderful white people, i hope they celebrate their christmas while the neely family is praying and asking god for comfort. [bleep] them, [bleep] america. >> says jeanine pirro will be sitting down with daniel penny for his first interview since the not guilty verdict. i cannot wait to see that. you can catch the first look right here on "the five" tomorrow in the full interview streams on wednesday on "fox nation." i am so glad you will get this chance to talk to him. you have been at the trial. you know the lawyers involved. you have followed every step of this. i think this is a result that many of us thought should be the case

penny is being scapegoated. >> reporter: meantime prosecutors argue that penny used too much force onman and neely's family believes penny is guilty. >> racism is still alive and kicking in america. there's no other way to view this. everyone has looked at the case and those among you who say that daniel penny is innocent have racism and bias in your heart. >> reporter: after hearing both sides, jurors could not reach a unanimous decision on whether penny was guilty of second-degree manslaughter. the judge read on alan charge encouraging them to deliberate further and reach a verdict but they remained deadlocked. the defense felt that was reason enough to call for a mistrial. prosecutors ended up asking for the manslaughter charge to be dismissed so jurors could deliberate on the lesser charge of criminally negligent homicide and the judge allowed their request. if convicted of this charge, the marine veteran could face up to four years in prison. the jurors will continue to deliberate on monday. trace. >> trace: christina coleman live in los angeles, thank you. let's bring in uc berk

and was penny justified?ot of his defense is about whether he was justified in protecting people. they have also questioned whether the choke hold is the reason that neely died. >> bill: you ride the subway every day and live in brooklyn and as we discussed every juror on that case rides the subway in new york. defense is arguing who would you want on that train ride with you? very interesting point, okay? here are the charges daniel penny faces, second degree manslaughter, criminally negligent homicide could face up to 15 years in prison. how do you split the atom on that one? >> it is hard. jurors are instructed not to take into account a sentencing when they make their determination. whether they do or not is, you know, it's hard to say. but they are not instructed to do that. they are instructed to look specifically at the law. i don't know how this is going to shake out. it is also worth noting we can discuss this if he is convicted and that's a big if, jury is going to probably start deliberating today.

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

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 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

she conceded penny started out doing the right thing.the choke hold progressed he knew jordan neely great distress and tying in needlessly continued. so, again in this case involving daniel penny, no leeway or no benefit of the doubt given to him a marine with no criminal record. but interestingly back in 2019 with a deadly outcome were suddenly different outcome, a different approach. she sought and secured a lighter sentence when an elderly man ended up falling to his death after he was robbed by a thug. without the robbery, the man would have probably not have died to. the woman who wants to throw the book now at penny brag about what happened. >> he went into an atm upper west side and tried to rob an individual. unfortunately, it was an older individual who was 86. in the course of the robbery, he fell to the ground. as a result, he died a. the more i learned about the defendant and his life and the circumstances one should take into account the trauma of the individual, i really felt incredibly sorry for him he had gotten to that p

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

penny did what was right to protect the citizens.s for a terrorist attack on 2015 and he spoke to fox digital today. listen here. speak of the situation is different. to this guy was not trying to kill passengers overtly like terrorists was that daniel penny was also not trying to kill this guy but restrain him. you want people to step up and tried to do the right thing or not? god for a bad, if he is convicted of, it will frighten a lot of people in blue states into an action. >> sandra: that is my final question to you, darren, to his point what is at stake? as common citizens, they will not be willing to step in and assist fellow citizens when in jeopardy. i think the manhattan b.a. has it wrong because we as common citizens should step up as opposed to stepping back. >> sandra: i'm looking over at my computer to see if any updates from the courtroom. how long the deliberations go and darren, great to have you here and please come back soon. >> thank you for having me. >> sandra: all right. speak of the city of chicago is out of t

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

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

and penny's lawyers are going to have a great appeal issue. the judge should have asked that jury why they hung. because there's a legal justification defense for penny. that's a self-defense. and. and if this jury agreed that penny was entitled to self-defense, then he's off on both charges. if that jury hung on the justification issue, then the entire case should have been dismissed. that judge never asked. and that's that's that's that's an appealable, erroneous issue on the judge's part. >> andrew, do you agree with that? that's an excellent point, because then then everyone would know. whoa whoa whoa. this is what they actually this is that they couldn't decide. so how do you go to the lesser charge in that case? >> yeah, absolutely. it's just been a flawed process from the very, very beginning. lori, you remember this case. remember the kitty genovese case back in 1964 where someone was where someone was raped and murdered on the street of new york, 34 people walked past and there's an international uproar that nobody did anything. well,

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

we're waiting to see if daniel penny's lawyers come out to speak to the media. bring it to you when and if it happens. (sneeze) (hooves approaching) not again. your cold is coming! your cold is coming! thanks...revere. we really need to keep zicam in the house. only if you want to shorten your cold! when you feel a cold coming, shorten it with zicam (revere: hyah) since 2019, john deere has invested more than $2 billion in our american factories. today, we're nearly 30,000 u.s. employees strong. in more than 60 u.s. based facilities, across 16 states, we couldn't be more proud to play our part in supporting americans who work the land and build a better tomorrow. ♪ nothing runs like a deere™. to go further, you need to be ready for what's down the road. as energy demand continues to rise, we're harnessing breakthrough innovations to increase production in the u.s. gulf of mexico. our latest deepwater development, anchor, produces previously inaccessible oil and natural gas, allowing us to deliver the energy we all need today so everyone can follow their own road

penny's defense team says 25 minute taped interview played for jurors of penny is enough the video showsa right to answer detectives questions. even we did not note neely had died. penny faces up to 15 years in prison if convicted on the most serious charge in this case. jonathan: cb cotton in new york city. thank you so much. got that about wraps it up for us. eric and arthel will return next weekend. he has been just great being with you over this week i do not know why you're leaving california go back to the snowy northeast but good luck with that. [laughter] it is meant a great weekend, jonathan great to work with you. jon scott will have all the latest news fothr you an hour fm now on the fox report. and the giggles. the family that takes delsym together, feels better together. we really don't want people to think of feeding food like ours is spoiling their dogs. good, real food is simple. it looks like food, it smells like food, it's what dogs are supposed to be eating. ♪ ♪ ♪ ♪

some are painting penny as a savior who protected people. reckless vigilante who went too far. stephanie sy has the details on the verdict and the case. stephanie: jordan neely was a homeless man who struggled with mental illness. on the day he died, he entered a crowded subway car, yelling that he was hungry, thirsty, and ready to die or go to jail. that's when another passenger, daniel penny, took him to the ground in a choke hold that lasted for almost six minutes. when penny let go, neely was unresponsive. he was later pronounced dead at a hospital. the verdict brings an end to a closely watched trial that touched on questions around public safety, mental health, race, and homelessness. neely's father spoke moments after the decision. >> i just want to say i miss my son. my son didn't have to go through this. i didn't have to go through this either. it hurts. it really, really hurts. what are we going to do, people? what's going to happen to us now? i had enough of this. the system is rigged. stephanie: penny did not speak afterward, but

penny arrives right now. she is a prosecution witness who said penny's choke hold killed neely.read of her cross examination specifically when harris testified about issuing a second death certificate for neely and mentioned she would not have changed her mind on the cause of neely's death even if the test showed fentanyl. jurors have also asked to review several pieces of video evidence in the case, including the choke hold video. police body cam and penny's police station interview. eyewitnesses say neely was hurling threats on the subway last year before penny stepped in. prosecutors say penny took things too far. his defense argues that the prosecution has not proven penny's restraint directly caused neely's death. more to watch here at the courthouse. >> bill: thank you, cb watching that in lower manhattan. back to you when there is news. dana. >> dana: there is a high stakes case on the docket. supreme court yesterday hearing oral arguments for sex reassignment treatment for minors, justices weighing a law in tennessee that bans this medical care passes constitutional must

a community activists say penny is no longer welcomed in the big apple. >> daniel penny, wherever youre today, you are put on notice no matter how this outcome comes, you are not welcome in new york. you are not allowed to walk these streets. >> no. >> we patrol them, not the nypd. not your security. this is our town. >> yep. >> that's right. >> you're not safe here homey. pack your [bleep] and get out of town. >> that's right. >> straight like that. manhattan's district attorney's office will not be able to charge him with second degree manslaughter again a charge dismissed last week due to the double jeopardy clause and the fifth amendment. bret? bret. >> bret: c.b., thank you. let's get analysis from paul mauro. paul, thanks for being here. take you back to the arrest of what police are saying is this person of interest and how that goes down to altoona, pennsylvania and mcdonald's worker there who spots him from a picture without a mask. pretty amazing. >> it is. the police department did a lot of things very right here. first of all, they put a lot of resources into this. think w

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 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

they vilified penny all too happy to go along and do their bidding. >> we have to ask -- >> penny was racist, there is no evidence. >> but i think -- >> go ahead, professor. >> well, i think that this case was hung before they heard any evidence. as soon as the jury was selected, this became a hung jury. that some members of the jury said, we don't care about the evidence. if a black man is killed by a white man, there is guilt. and you are not going to shape that. no amount of reading back of transcripts, no amount of evidence or instruction is going to shake that. so i think that the people who have voted for a hung jury on the top count, they are going to stick with it on the lower count. i don't think that you are going to move people by the law or the facts. you are going to move them only by the emotions of race and that's what brag has been playing into and it is a disgrace. >> and then, greg, that's exactly the point. is that the things that made this indeterminable for the manslaughter charge is exactly the same as the professor noted for this other charge. so unless, again,

daniel penny's defense attorney we expect them to take two hours there is no time limit penny's defenseeam appeared very confident for the holiday about one of their final witnesses a forensic pathologist they hired who maintained daniel penny's chokehold alone did not kill jordan neely. instead doctor testified quotes combined factors led to neely's death he said the effects of his blood condition, synthetic marijuana use, schizophrenia along with the exertion during the struggle with penny all killed neely. they did not testify in his own defense to include clips from officers and body cameras joint penny's interaction with officers right after the ordeal. twenty-five minute taped interview with police cells penny waving his rights when he did not note neely had died. the defense attorney said they believe their case is so strong is going to lead to an exoneration. prosecutors on the other hand use testimony and penny's formal martial arts instructor in the marine corps to further their case neely's outburst only lasted about 30 seconds and penny was reckless by placing a needle in a

and so they looked to daniel penny as heroic, as someone who protected them. >> reporter: penny was facingour years behind bars if he had been convicted on the lesser charge. the manhattan district attorney's office says it respects the jury's verdict noting in part "the jury has now spoken." norah? >> norah: alice gainer, thank you very much. now to the middle east and the historic change and uncertainty sweeping across syria that could have global impact. years of civil war and more than five decades of rule by the assad family came to a sudden end over the weekend, as rebels took over the capital city of damascus. dictator bashar al-assad escaped to russia. the group now in charge of syria is considered a terrorist group by the u.s. we have team coverage tonight beginning with cbs's elizabeth palmer, who made her way into syria. >> reporter: as we approached what used to be a closely guarded frontier, we found all the guards had melted away. we just crossed the syrian border, and that gunfire is celebratory gunfire. those are either fighters with the group that's taken over in syria, or

but others have contributed to penny's legal defense fund. jury will begin deliberations on the lesser charge on monday. if they cannot reach a unanimous decision, it could result in a mistrial. norah? >> norah: alice gainer, thank you very much. tonight, president-elect trump is standing by his embattled pick for secretary of defense. trump wrote on social media, pete hegseth is doing very well. his support is strong and deep, and that he will be a fantastic, high energy secretary of defense. the former fox news host is facing allegations of sexual assault, alcohol abuse, and financial mismanagement of nonprofit groups. hegseth denies any wrongdoing. today, vice president-elect j.d. vance reaffirmed the incoming administration's commitment. >> we believe that pete hegseth is the right guy to lead the deferment of defense. that is why president trump nominated him. we are not abandoning this nomination. >> norah: tonight, trump heads to paris to attend the reopening of the famed notre dame cathedral and meet with french president emmanuel mac

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

then was penny's response justified?te to that threat and that's why we hear the defense talking about the fact that daniel penny stepped in when there was nobody else to do so and that his actions were justified because he did not know whether or not neely was going to get back up and go back on the offensive. now, couple that with another point that the defense pointed out that neely's death is the product of a broken system. that's a quote from the closing arguments. and they loop that back into the testimony because the final defense witness was a court clerk who referenced that. neely. there was actually an open bench warrant for his arrest. so essentially, the defense is arguing almost that the city, the city of new york really failed neely and that penny was there when the city of new york was not there when nobody was there to protect those other writers. so that's where the defense was focused, because that's the standard of the self-defense statute. >> i see the prosecution again, closing continues with closing

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

penny. it's something like this. defend yourself or defender others, and you're doing it at your own risk. and that's just how the left wants you, isn't it? scared. too scared to act. ttoo scared to speak out. too scared to stand up for your right to self-defense. >> katie: this is a result of prosecuting heroes like daniel penny. now everyone is scared do help anyone out who is in need. so joining me now dr. jordan peterson, bestselling author and clinical psychologist. dr. peterson so great to have you on the show. thank you so much for coming on. so, is this a cultural shift that we are seeing from the left trying to make sure that people don't help each other out in society that generally wants to take care of their neighbor? >> well, i think you see two things happening. the first is that there is, obviously, emphasis on the left victim status of criminals. that's a very bad idea. the idea that criminal behavior is a cons sense like merely of socioeconomic oppression let's say or oppression on other bases that t

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

prosecution is saying in some -- penny went too far.s a form of a threat but penny went too far. defense is saying no, he met the threat with a commensurate amount of force under the reasonable person test and you don't have to take daniel penny's word for it. you have all those witnesses. that's pretty compelling for a jury. >> harris: paul, talk to me, though, about the moments after the police officers got there. you were an inspector at the nypd. they were going by the book. first of all, daniel penny, they took into custody and took him down for questioning. he was not arrested. jordan neely is on the ground and not dead. >> he still had a faint pulse when they got there. by the time they get penny back to the station house cops are aware of the fact neely expired. penny doesn't know that neely is dead. they give him an open-ended video and let him talk. he does himself a lot of favors in that interview. that's why he didn't testify. there is important stuff in there. he says things like i only wanted to restrain him. he kept strug

to strangle penny. why is there no investigation and prosecution of the head of the black lives matter? there are guilty people here. the head of black lives matter is guilty of incitement and of threats, and the district attorney is guilty of unethical, immoral conduct. and there ought to be consequences. it's not enough to get an acquittal here, because nobody is going to come to the rescue of anybody else in the subways in the future, because of the horrible decision that bragg made to prosecute this innocent man and the threats that are being made by these guilty black lives matter leaders who ought to be investigated and prosecuted. >> all right. so what happens from here? this this case is now over, but the subways aren't going to be any safer. and i think you both probably agree with me that new york being as left wing radical left as it is, this guy is going to get reelected. and this weaponization continues. and then we have judges in new york all over new york. i mean, you still have engoron,

highlight mia penny. she's 14 years old. she joined the cheerleading team, but her dad, who's a boxing coach, was apprehensive, didn't know if she'd have time to focus on boxing. >> look at that. >> she took this video of her shadow boxing on the sidelines. it went viral. wow, she said, i just kept putting god first, showing up every day. and that was the result. and she wants to go to the olympics. so i hope it happens and check out katie's specials. my husband loves them. >> that's the best dad. >> i like the best dad. >> he needs a fox nation. >> he's keeping the football players away. >> why don't you pray they're not on the other side of those punches. i've been putting god first. >> exactly. yeah. >> getting punched by a girl. never a good look. >> yeah. >> has never happened to me. and this. and i would turn the other cheek if it had. good move, i promise. >> go blue, go blue, go crimson. >> right. go, dawgs. ♪ ♪ ♪ [national anthem] ♪ ♪ [national anthem] ♪ ♪ will: good morning and welcome to to "fox & friends," it's w