typically. brian i kohberger back in court. as he faces the death penalty. whoever did this should be charged. whoever did this heinous. asked to turn over more evidence. i m trying to fly over to d.c. deadly storm wreaking havoc across the region. look over there there is a tornadoes. look at the bright side. i have been laughing this whole time. what else can you do. in florida we pride the law enforcement. endorsement by largest police union. the choice for us could not be clearer. for police officers, we re going to support ya. steve: all right. it is 7:00 here in new york city. we start this hour with daniel penny s arraignment. the marine vet is due in court today here in new york city. as criminal charges against him will finally be unsealed. brian: he was initially arrested on manslaughter charges in connection with the chokehold death of a home lazarus man on a subway train as you probably know. bryan llenas is live in mid-atlantic with the
storms, the last couple of days and also the nationwide air traffic controller shortage. now, this morning we also have been catching up with some of those frustrated passengers think were waiting several hours, waiting for airlines to rebook them. the line doesn t move i know they don t have anything open for us. someone already said that the next flight may leave july 1st. so, we re thinking of getting a car and driving back home. i can t be away from work that long. yeah. that certainly has been the feeling this morning of the frustration continues. keep one thing also in mind here in new york we are supposed to see the air quality worsen the next couple of days. we are hearing it s not supposed to be as bad. a couple of weeks ago when the
15-year-old boy was stabbed. steve: for a lot of those people he would be a hero. bryan, your breaking news about the scoop going to be charged criminally negligent homicide. is that because the medical examiner had said that mr. neely died of homicide? yeah. that s great question. when you look at the penal code with criminal negligent homicide it mirrors second degree manslaughter. not only are they charging him for recklessly holding him for too long but in the criminally negligent homicide penal code it says that if you don t do enough reasonable actions afterwards to help that person, then you could also be charged with that so, that s what we re seeing. we will find out more today, again, look, this was a grand jury proceeding, these charges are technically sealed. our reporting second degree manslaughter charge we will see if there is more with criminally negligent homicide. brian: real quick, have you seen anything on the foxcology toxicologyto see if jordan neeln
anything. no, i have not seen anything on that. remember, it has been confirmed that two other people were holding, obviously, neily during that incident. so that will be important here with witnesses there may be more videos. we only know about the video from the freelance journalist. all witnesses on board that train, about a dozen if not more, are going to be pivotal in this case, guys. ainsley: his attorney will have to prove that he died of chokehold and not drugs if drugs were found in his system. we haven t found that out yet because the toxicology reports not been released. exactly right. steve: we will see what happens later today. mr. penny s attorney is going to join us live on the show tomorrow so we will talk about these new charges. brian: meanwhile, former president donald trump reacting to a leaked recording of him discussing highly confidential documents it seems that he had after leaving the white house.
anything that we had given him that doesn t sound like anything we had given him. so, it s going to be interesting to see what is he actually holding up. and if it s just audio and not video. what we find amazing we never hear from robert herr s investigation. we always hear from donald trump s investigation. amazing it always goes to the new york times and cnn. steve: maybe trump s side is leaking. brian: trump s side is leaking audio? why would his side leaking audio. steve: maybe leaking a lot of stuff during the entire process. ainsley: trump was in new hampshire and so was ron desantis. those were the two leading republicans. even though trump, according to the latest nbc poll is winning by a lot. is he winning by 29 points over desantis. he has 51%. desantis has 22%. steve: look at that, chris christie now has 5%. he has just been in the race a couple of weeks. he is already ahead of tim scott and nikki haley. brian: in new hampshire, it s