marine veteran will face trial for the chokehold death of jordan neely on a new york city subway train. ashley strohmier is live in the newsroom with the breaking information. ashley? reporter: hi, there. a man who put a new york subway ride in a fatal chokehold will be returning to court. daniel penny will be arraigned following an indictment by a grand jury that he has been out on bond after being initially charged by manhattan prosecutors for manslaughter. in the second degree after the death of jordan neely on may 1st. the grand jury indictment is a procedural step that will allow the criminal case to move forward. penny s attorney maintains the defense that his client believed neely was a threat to himself and passengers. the standard in new york state is not you don t have to wait until someone physically attacks. you don t have to wait until somebody is lying on the ground or worse. the standard is whether a reasonable person in my client s position would have fe
welcome to fox & friends on this saturday morning. look at that beautiful sunrise. i have a sunrise on my phone. pete: sure do. on the background of your phone just like that. it s the state of florida. will: this is morning of appreciation for the northeast. i start the 6:00 a.m. hour complimenting vermont. that is a beautiful sunrise in new jersey. pete: monmouth county and the beaches with the stretch of beach is going to be gorgeous. look out and almost always see the new york city skyline in the distance. i assume that was one of the carolinas when i saw it but it s new jersey. pete: see the weeds or whatever it is. like endangered bird that lives there they ve lost like 80% of the beach because the environmentalists are protecting it for this bird. that no one ever sees. anyway, it s a new jersey thing. will: maybe they ll start seeing it. let s bring you to the debate pete and i were having before coming on air. they were giving me a hard time about the fact i
morning. morning joe starts right now. it s the top of the hour. welcome to morning joe. it is tuesday, january 2nd. happy new year, everybody. israel s ground offensive in gaza is entering a new phase. the israeli military has plans to pull back some troops and shift to more localized operations. we re going to go through that development and the escalating tensions in the red sea. plus, a damning, new report on the intelligence failures by the israeli military. new york times investigation found there was no battle plan for a massive hamas invasion that they were warned about. also ahead, a look at the long to-do list for congress in 2024 with several crucial items that were simply not addressed late last year. plus, the supreme court has a tight timeline to rule on what would be one of the most consequential cases involving the presidency. we ll get expert, legal analysis on the issue of removing donald trump from the ballot in two states. are there going
in ukraine it s confirmed a new offensive to push out putin s troops is under way. i m debora patta in kyiv where president zelenskyy says his military is optimistic about defensive actions under way. clearing the air. air quality improves for millions of americans, but canada s wildfire fight heats up. survival story. four children found alive in an amazon jungle 40 days after their plane crashed. and later, an uber driver steers his life in a new direction earning a college degree on a free ride. announcer: this is the weekend evening news from new york. donald trump made his first public remarks since this week s bombshell federal dime, 37 counts. he described his re-election campaign as a final battle with corrupt forces he maintains are destroying the country. tonight he speaks again in greensborough, greensboro, north carolina. that s where we find scott macfarlane who leads us off tonight. scott. reporter: mark, less than 72 hours until donald trump
breaking news. a major trump legal ruling could come at any moment. the former president just filing court documents. will he be thrown off the ballot in another state? plus, russia launches the most massive aerial attack on ukraine since the invasion began. president zelenskyy says russia used nearly every type of weapon. and dolly parton grants a bucket list wish, surprise ago fan with a personal phone call and making his dreams come true. you ll hear it for yourself. let s go out front. good evening. i m breonna keilar. out front tonight, breaking news. we are waiting a major legal ruling for former president trump any minute now. the oregon supreme court could decide whether trump will remain on that state s 2024 ballot. moments ago trump s attorneys filing a brief with the court urging them to keep him on the ballot. right now trump is banned from the 2024 ballot in maine and colorado. trump has not yet appealed either of those decisions but cnn also learning momen