he was threatening passengers and acting erratically for some time. dana: he put him in a chokehold that led to his death. marine releasing a statement saying it was not his intention to kill him. some people say i was trying to choke him to death which is also not true. i was trying to restrain him. you can see in the video there s a clear rise and fall in his chest. i was trying to keep him on the ground until the police came. i was praying the police would come and take the situation over. dana: authorities waited more than a week to arrest penny prompting outrage on the left. the case igniting debate on race as well as mental health. bill: his family said he struggled with mental illness dana: hi, brian. good morning. look, after listening to evidence and key testimony since may 31st, fox news has learned the grand jury could vote as early as today on whether to indict the marine veteran. a grand jury does not decide whether daniel penny is guilty or not guilt
9th. what is this? suffolk university. trump is at 48%. others who have him well over 50%. i saw one poll with him at 61% and you ve gotten into this campaign saying you re going to be the biggest critic that donald trump has. i look at these numbers, do republican primary members want a critic? i think they want a campaign. those numbers exist at a time when there s been no campaign yet. this campaign will start in earnest in august. when the debates start, sponsored by the r.n.c. and folks in this country and in our party really engage. those numbers are obviously going to be there. he is, in essence, the incumbent in this race. and when you re running against an incumbent, that s where the incumbent is going to start. in the end, we re going to make a case that we ve done nothing but lose since donald trump has been the leader of this party. nothing but lose. 2018, we lost the house. 2020, we lost the white house and the senate.
down. they have a policy not to take actions that could influence election. the first election, the primary is in february. that would put a trial in november or earlier. that s going to be very hard to do. 70 is the period for a speedy trial. but even though the prosecutors want a speedy trial in 70 days, that s their that is a protection for the defendant, not for the prosecutors. and they would be legally insane not to waive the speedy trial protection. that s going to make this even more difficult because it s going to push it further out towards that 90 day line. the 12 is you have to come up with 12 jurors that are going to be unbiassed. polls show half of americans believe this is a politically motivated case. that s going to be your pool. and then finally one is the most important number of all, trump has to run the tables.
fraud exception here that the attorney was involved in a crime and therefore, they could ask him about what would be confidential communications. when you read this indictment, it s pretty shocking the degree to which they re quoting his own counsel in order to make the case against him. that s going to be an appellate issue. and i think that even with all of the other troubling aspects of the indictment and there are troubling aspects, the photos, the audio tapes, all of that is troubling but so is the use of these statements from the attorneys. the court is going to have to review that. and i do have serious concerns about it. dana: jonathan, you wrote recently and i believe it was in usa today said it s time to crunch the numbers and the number is 90, 70, 12 and 1. what does those mean? that s just to help people out with this week s lottery numbers. the 90 is actually the rough period before an election that the d.o.j. begins to shut things
bill: nasa throwing a bit of cold water of what was thought to be a u.f.o. hovering over las vegas. we showed you that video reported to police as a non-human object. it was said to be at least eight feet tall. i don t know, what does it look like to you? eight feet? i don t know. dana: i guess, i mean, yeah. bill: police searched the area and didn t find anything and nasa says it was likely a small meteor. dana: which is still cool to see. bill: i agree with you. still makes the news. still looking out there. dana: former democratic chairman of the house intel committee is facing a censure vote and a potential $16 million fine. republicans say adam schiff repeatedly pushed falsehoods in the trump collusion case. this is unusual. you ve covered capitol hill for a long time. i want to read to you actually, let s listen to mr. schiff himself. here s what he said. this is an attack for me telling the truth about donald trump. the problem with me is they think i m effective