the white house claim on the only people that are harmed in transgender athletes are the people that question it. we ll show you more. first, president biden laughing off claims that audio tapes might exist of a discussion he had with a foreign national bribing him potentially when he was vice president. are there tapes that you accepted bribes, president biden? is that true? so republican senators not finding it as funny as the president did. do you have those 17 recordings? i won t comment on any investigative matter. the american people have a right to know if there s credible evidence if the vice president of the united states took a bribe. it s unclassified. the document contains sensitive information that has bearing on the life of the source of the information potentially. martha: they have not been forth coming with this document. remember when they couldn t find it and then they weren t going to show it to them? this is really thickening. brian kilmea
vote yes in this case against penny moves to trial. prosecutors say there s enough evidence, witness interviews, photos and videos to prove that penny held neeley in a choke hold for too long even after mr. neeley stopped moving and caused his death. neeley s family says penny should have been charged with murder contending the veteran knew the choke hold would kill him. in a series of video clips released by penny s attorneys, penny makes the case that this was self-defense. he said everyone on board the subway car including himself was scared by neeley s verbal threats. he maintains he stepped up and did what was the right thing to do. he said he didn t intend to kill neeley or restrain him until the police arrived. one of the more interesting aspects is the report that penny s attorneys were planning on having penny testify in front of this grand jury. it certainly would be a bold and risky move but fox news has since learned that penny will
future husband in chicago, i was flying back and forth every weekend for years, john. john: i flew back and forth from washington to new york and back every sunday to do an evening newscast and then commuted to atlanta every weekend. it s fun. sandra: you know your pilots and flight attendants and everybody along the way. john: you get to read a lot. sandra: great to be with you. i m sandra smith. martha: good afternoon. i m martha maccallum. this is the story. we could learn any minute if a new york grand jury has decided to press charges and indict daniel penny in the subway death of jordan nelley. they went back in at 2:00 p.m. we ll talk to him about whether or not daniel penny will face second degree man slaughter charges in this death. also coming up, dave reuben on
penny turned himself in less than a week after the protests. one of his attorneys, thomas kaniff is here in moments. he s commissioned officer in the army national guard, judge advocate general car and an iraq war veteran. first to bryan llenas here with the back story from new york. hi, bryan. grand jury proceedings are secret. fox news has learned that the grand jury could vote on the daniel penny case as soon as today. a 23-person grand jury has been listening to evidence and witness testimony since may 31 on this case. their tasked with deciding not whether penny is guilty or not guilty but whether there is legally sufficient evidence of a crime and reasonable cause to believe that penny committed second degree man slaughter when he put jordan neely in a choke hold that killed him. the bar is low in the grand jury process. only 12 of the 23 people need to
not testify in his own defense. martha? bryan, thank you very much. thanks. tom kaniff joins me now. good to have you with us. over the weekend, your side put out some statements from mr. penny. let s play one of those. we have it here. the three main threats that he repeated over and over again, i m going to kill you, i m prepared to go to jail for life and i m willing to die. some people say i was holding on to mr. neeley for 15 minutes. it s not true. between stops is only a couple minutes. the whole interaction was less than five minutes. i was trying to keep him on the ground until the police came. martha: tom, why did your side decide to put out these statements, video statements from mr. penny rather than have him speak directly to the grand jury who is about to decide this stage of his fate? well, martha, you know, i ll