lyric t the 8:00 a.m. hour of "fox & friends" weekend starting with this fox news alert. nathan wade resigns from the trump-appointed georgia case and da fani willis can continue and embattled da is slamming the unjustified attacks from the media. rachel: fani or fani, will? will: i don't know. rachel: i think fani. will: did i say it wrong? rachel: you said fani but there's a lot, tomato tomato. the brooklyn da saying this man acted in self-defense after attack ago man on the subway. we're going to be talking to his lawyer about the double standard. pete: in just moments and former alabama head coach nick sabin calling for a different kind of play for florida athletic and they can play most of the players and playing national

legislation. pete: third hour of "fox & friends" weekend starts right now. pete: remember when we did this? rachel: we had a segment where we should bring that moment back and he was a true leprechaun in that moment.

pete: this is a stick carried in the parade today and magical powers they say. will: that's what the old irish super natural powers. pete: consuming a lot of fighting 69th irish whiskey and the theme of this and love this. gentle when stroked and fierced when provoked. rachel: that's a motto? if ever there was a motto, that's a good one. pete: pretty cool. certificate of authenticity and 74th year that the fighting 69ts day parade. it was for security trying to protect their own people trying to have a parade. will: today is the day of st. patrick's day parade. will: i may have to crack some

of this open. rachel: maybe. pete: a new york subway rider facing no criminal charges after shooting an aggressive attacker on a commute. rachel: the man acted in self-defense after the terrifying incident caught on video, and we want to warn you is a bit graphic. take a look. >> let me out. let me out. let me out. let me out. let me out. [ gunfire ]. will: our next guest is defending marine veteran daniel penny facing charges for the choke hold death of a man who threatened passengers on the subway last year.

in this case, the brooklyn da not pressing charges and clear act of self-defense, something different from the manhattan district attorney in the case of your client damage penny. can you -- daniel penny. can you explain the difference? >> i can't explain the difference in the decision and difference in the decisions and what a lot of people are watching around the country and don't think about new york is broken down into five counties or boroughs and there's the bronx da, manhattan da and obviously in danny penny's case is pending and he's the bronx da and all these office haves jurisdictions over their specific borough and each case is different so it's different decisions. will: i want to ask you, thomas, i'm curious, do you think -- and of course every case is

different, do you think the difference between this case and other cases comes down to the facts or comes down to politics? >> i can't define that and the talking heads completely and i can't say that anyone who is acting to defend themselves or others from imminent harm and that certainly appears to be the case in this video and it was this -- it was the case that my client danny penny was confronting and what's interesting is in each video, in danny penny's video, you don't see the beginning and it was rid in incredible details by a dozen passengers and described to the grand jury and they adescribe jordan neily entering the subway cars and waiting for the doors to close and began with rants, unhinged

rants similar to that video you have just shown and really underscoscores how quickly a situation can dev devolve if you don't have someone like my client stems and you happen puts himself in harm's way and strengthen hymn and put him in a choke hold and subdue him till the police arrives. rachel: we should be celebrating your client. he's the guy i want in the subway car if i'm there as a vulnerable woman and i should be vulnerable and i am in that situation as a woman. i'm appalled by this and not the only injustice but not only was he charged but was it $100,000 bail? am i correct about that? >> you said it so eloquently. i could never match that.

absolutely. you want to talk about he did have to post bond. he was able to do that, but a point that i always try to emphasize when talking up the case, there's very little doubt and no doubt that ultimately my client danny penny will be exonerated and that does not change the fact that he now has been and will continue to be facing the working on being acquitted. rachel: he's not a flight risk and from los angeles and they've been let off without bail as real clients. >> he served in the marine corp. and no criminal record and anyone we can rely on come back to court without a set bail and

bail is the least of the concern and it's a concern and the concern is his whole life. pete: just across the river social security treated very differently or is it not consequential in the actual hearing for you? >> i wouldn't say it's not consequential and the legal standard of the motion to dismiss based on those grounds and it's very high because judges point to more of the facts that every case is different and created a prosecutorial step and in terms of equities and it's a real argument and it's really important that ultimately this for this and the potential jurors and out there and seeing

how i said before a situation like this can devolve into something so volatile, i think that's impression on all new yorkers to have them take a look at one subway safety and equities of the prosecution like this where it's tragic and that's going for most of the clients and that's content. pete: thank you for being with us. >> thank you for having me. pete: talking about things and using terms for euphemistic and differences in facts but also prosecutorial discretion is politics and maybe ideology and

personal opinion and the choice to bring the case and talking about daniel penny and brooklyn and for that matter, letitia james and fani willis in georgia and cases against donald trump and you're seeing prosecutorial discretion and the choice to bring a case which is pretty good evidence of underlying political ideologies. pete: prosecutorial discretion is a good thing and allows for judgment and should -- when judgment is replaced with ideology then it becomes a massive freeway to drive a truck down and go one, the feeling about the justice system how unjust it is and we want people to grow up believing that we have laws that are equal justice

and this case is really deep. pete: a fox news alert, nathan wade stepping down after a judge ruled fulton county fani willis only can stay on the election interference case if wade resigns. rachel: willis slamming what she calls unsufficiented attacks from the media. madelynn rivera joining us with more. >> will, pete and rachel, they're failing the relationship between fani willis and special prosecutor nathan wade created an actual conflict of interest, but willis is not coming out unscathed. macafie saying this no way is for the court to condone this and the evidence showing

hearing. macafee referring to the fiery return of words. >> these people are on trial for trying to steal an election in 2020. i'm not on trial no matter how hard you try to put me on trial. >> they believe the court should have disqualified willis' office and everything put forward bit defense was true, accurate and relevant to the issues surrounding the right to a fair treatment hours after judge mcafee said he was fair and truthful and moving in case forward as quickly as possible. willis responded and i compliment you for professionalism and dig any ty over the last -- dignity and professionalism and on your

reputation as a lawyer. some georgia lawmakers believe willis' case against trump is damaged. mcafee may be open to a gag order to prevent willis from talking publicly. will: we had greg jarrett talking about willis may not be removed for the case and she can be removed from office. >> not jeopardizing election and he gretsky tua towtously toss --

gratuitously tosses them a lifeline and the court and the entire office and georgia law and would kill the charges against president trump and any sensible prosecutor elsewhere would take one look at this case and recognize that it's weaker nonexistent on racketeering. willis seems to be popping champagne corks and that's premature. this ruling further delays the prosecution and may put it in jeopardy and she may not survive professionally. rachel: pete, there was a segment early in the show and read her statement about her lover leaving and it did read like a love letter. it was remarkable. like even in this and a lot of legal experts we've seen and think her staying on will help donald trump. pete: yeah, at this point, it's

a very tainted investigation and she is tainted inside of it and it's become a side show and a distraction. it was always a flimsy case and rendition of anthony koenen case to begin with and now it's only delayed even more and the efficacy of her attempt is the wins coming out for sure. pete: the united states planning to give additional $25 million in humanitarian aid to haiti for what it would go to. which gang? local gangs going for supplies and homes in the country. anthony blinken most of the transition council to help pick the country's prime minister and i'm sure it'll growth index

great. social media giant meta under investigation after federal prosecutor claim the company's platform helped facilitate and profit from illegal drug sales. wall street journal reporting prosecutors have requested records related to "volutive drug content or illicit sale of drugs". sale of illegal drugs would violate its policies. new museum dedicated to the policies and it's open for volunteers and second such museum in the country is in ft. pierce, florida. so downtown san diego makes sense as a location for a navy seal museum. down in the area, check it out. rachel: yeah, that's the kind of museum i wouldn't have to coerce

my boys to go to. pete: there's virtual reality in there and what's it like to be a seal. my kids would run to that. will: opening of the medal of honor museum. it's not open yet in dallas, they're building that. it's really cool. as is the navy seal. armed group of haitian migrants caught off the coast of florida with drugs and night vision gear as their country collapses into chaos. pete: congressman carlos gimenez on the impending search. rachel: first here's brian kilmeade with a look at one nation tonight. >> don't miss this edition of one nation. what a show. mike gallagher on giving up tiktok right away. that means you, put down the phone and he'll tell you why. very important, why this nation is on fire. terror threats and who is better or better looking to talk about it than brett and pete hegseth.

there's a lot of bones in that segment and talking to fisher on what makes him funny and his impression of donald trump is better than donald trump can do it. arthur lee taking tragedy and turning into victory and life saving opportunities you can't miss, one nation i'm taking attendance. - bye, bye cough. - later chest congestion. hello 12 hours of relief. 12 hours!! mucinex dm gives you 12 hours of relief from chest congestion and any cough, day or night. mucinex dm. it's comeback season. now try mucinex instasoothe sore throat medicated drops. introducing, ned's plaque psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. otezla can help you get clearer skin.

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>> >> they had firearms and drugs and night vision gear and those illegal aliens from haiti were turned over to the coast guard for deportation. pete: desantis ordering more than 250 officers to the florida keys to stop any more illegals from arriving on shore. florida congressman carlos

gimenez is here with more. governor desantis taking the right approach here it appears, but guys showing up with guns and drugs and night vision goggles and means potentially more are coming. >> yeah, it does. and all due to chaos in haiti and biden administration three years ago and they assassinated the president and we can see this come ago long time ago and biden administration decided just to sit it out, hope and wait that the thing would resolve itself and hasn't resolved itself and felt here in my hometown of miami and i congratulate the governor and support the governor and his efforts to keep our homeland safe. pete: what's the policy vis-a-vis haiti and now the migrant that flew here and raped a 15-year-old disabled girl and

now is there a definitive policy in >> i don't think we do. biden administration opening up on guantanimo bay and here in south miami and seen this before with the chaos that happens in haiti either through academic conditions, natural disasters such as earthquakes and i tell you what, in my 60 years of living here in south florida, i've never seen the chaos in haiti and seen chaos but not like this. now we have to brace arrests for mass migration into my city, county and area. pete: you mention it had and there's discussions about using guantanamo bay about processing thin flux and it should be capable of doing that and what

do you think it should look like? >> when we had mass migrations from cuba or haiti and they've opened up get mo and they're used to this thing and we need to take care of the problem and the problem is in haiti. somehow we've got to get a multinational forest and the kenyans can maybe go in and restore order and set up a government that are stable and round up all the gang member in haiti and put them in jail and what i see. in haiti, it's troubling for our hemisphere and i'm sure that cuba and nicaragua and china and russia are happy and coming back.

>> what do you need night vision goggles for it and the minute migrants fled for their safety and gong members coming over and we had a problem of gangs and haitian gang members here and very violent ones here in south florida and no, i don't think we need to take that chance and they need to be repatriated and help haiti get back on their feet again and that's what they'll do as the unit of america to protect the unit of america. pete: that's exactly right. we have to protect our people first instead of you can unleashing chaos on our own citizens.

congressman gimenez, thank you so much. >> my pleasure. pete: kamala harris making history and not the kind you want to make in a controversial way. >> extremists have proposed and passed laws that have denied women access to reproductive healthcare. pete: first vice president ever to visit an abortion clinic. monica crowley reacts next. personalized financial advice from ameriprise can do more than help you reach your goals.

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kamala harris visit ago planned parenthood abortion clinic. >> we're facing a health crisis in states around the country and he cans treatmentists have proposed and -- extremists have proposed and passed laws that denied women access to reproductive healthcare. rachel: lawmaker is a former assistant treasury secretary and host of the monica crowley podcast. she used word extremist as she sits in a minnesota abortion clinic with zero restrictions up to nine months of pregnancy and you can have an abortion with no questions asked in minnesota and she'd have to have known going to minnesota and this is a no restriction state. and yessing of course. she made history by going to a planned parenthood clinic and that's not the kind of history

you want to make as far as i'm concerned and she's trying to take the republican party and donald trump and gop extremist and it's now a platform on abortion and the most extreme platform they've ever had and they're namely for abortions up to the moment that that baby is delivered so she's trying to turn this around and fear monger women over the issue of abortion and frankly rachel they cannot run on everything else. they can't run on the economy and they're out of control spending and oppressive economic policies have delivered sky high persistent inflation and sky high gas prices crushing the middle class and poor. they can't run on safety and security of the american people given the wide open border and the tsunami of illegal immigrants and all the issues that that brings including crime and drugs and the drain on all the resources and can't run on

global peace and stability and two hot wars on their watch and instability around the world and the only issue that they have on which to run is abortion. rachel: it's clear, they're tripling down and only way to win on this is if republicans say nothing and allow that to be the narrative and they're extremists and instead of up to nine months and democrats what's your message to members of congress and >> no the polls, abortion is way down the issue list of priorities going to the selection and inflation is jobss and broader economy and illegal immigration and wide open border for all the reasons that we just laid out and there are other issues that are far in front of abortion and democrats are going

to use the implementation of social media to push the issue and going for republican candidates and including president trump is to talk about the issue when they're forced to talk about it and context of being pro baby and pro family and that is about pregnancy support centers, which the vast majority of the american people support. they support more pregnancies for support cen centers and not planned parenthood centers and women through the support they need and of course adoption and the whole range of issues, apart from abortion that support both the baby's life, the mother's life, and to promote family values and that kind of messaging going forward is the most effective way to counter what the democrats are bringing here.

rachel: monica crowley, thank you for joining us. rachel: you got it. fani willis to jack smith and big week for former president donald trump's legal battles and breaking it down with all the latest developments when will and pete go off the wall. ♪ shingles. some describe it as an intense burning sensation. or an unbearable itch. this painful blistering rash could also disrupt your work and time with family. shingles could also lead to long—term, debilitating nerve pain that can last for months or even years. if you're over 50, the virus that causes shingles is likely already inside of you. (♪) and as you age, your risk of developing shingles increases. (♪) don't wait. ask your doctor or pharmacist about shingles today.

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will recollect it's a busy week for former president donald trump and those developments could impact his bid for office. will: going off the wall to break down the events. busy week in georgia and news on friday is that nathan wade steps down under the ultimatum of a judge to keep fani willis, the district attorney in fulton county, in position to continue to pursue the case against donald trump. pete: she remains in have administer compromised position and ways that her status as da could be challenged and she's a weaker da at this point and prosecuting a case that not just

a giant distraction and the case itself this week changed. will: the judge dismissed three of the 13 counts against donald trump. that left 41 counts remaining in the indictment of those 41, 10 addressed donald trump. pete: correct. the judge address that had prior toes failed to provide sufficient detail on the nature of the charges on three of those 13 counts against trump so it was 13 against tram and 10 of 41 and time line of the future of this case is uncertain and jonathanjohnturley said recentls case. >> she's accused of professional misconduct and going to be proceedings unfolding and they're going to be witnesses for the accused in some of the proceedings if they do go forward to be able to do that and maintain this case and it's

rather ludicrous. will: from florida to new york. developments in new york and a judge delayed donald trump's trial in the "hush money case". this is the case where he reportedly wrote checks to stormy daniels and they were recorded correctly and amounts of business fraud and 30 dais added because of a ton of evidence. pete: yeah this, is another one that's a mess and southern district of new york looked into these claims and found that michael cohen was not a good witness and as a result the client to prosecute and alvin bragg did, but they had a bunch of documents like 100,000 they were supposed to provide to both sides as a part of the process. it only gave most of them to this guy and he got 74,000 documents that the trump team didn't get for some reason. we'll hopefully learn more if

they were nefarious reasons and i don't oppose an additional 30 days for everyone to review the documents and defense for trump hasn't seen. will: this was the first case filed against donald trump and it was also according to most experts and the weakest case against donald trump, and it has now been pushed and the discovery hearing taking place on march 25th. pete: just the discovery hearing to look at documents that the trump-appointed team hasn't review -- trump team hasn't reviewed and the preliminary of this going to trial before the election at this point looks unlikely and yet another win for the trump team. will: georgia to new york and back down to florida this. is in mar-a-lago classified documents case where judge eilean rejected trump to throw out the case but the trial initially was set for may 20th, pete. we'll see if that's going to be the case. pete: yeah and she's allowed a

number of motions that have allowed this individual challenges to the standing of the case and it's allowed time lines to keep moving further and further out and scheduled for may 20th and she rejected the immunity and we don't know when the next upward mobility will be. will: yeah, this of course takes you through the georgia, one of the new york cases, florida classified documents case and leaves washington dc, jack smith, january 6 case. none of them to pete's point at this point on the time line and look to be likely to make their way into a courtroom before november 14th and a resolution of the courtroom before novembe. pete: it was political and legal strategy of the trump team. draw this out because it's all coming at one time while you're the front runner for the republican party and ask for more evidence and delays and prevent challenges so prosecutors have to show their cards and the time lines get moved and maybe you get to the

point where the ultimate jury is the american people in november of 2024 and whether or not he's the next commander in chief and that whole thing changes. will: now to rick reichmuth with the next weather forecast. what are you here for? >> a harry potter show and st. patrick's day parade. reporter: you don't look like harry potter righted now. have a good time. big parade day here on the 1:69 o'clock and not the 17th this -- 16th and not the 16th this year. it's going to be a great day. we have severe weather coming across parts of texas and this morning we had huge baseball-sized hail in the houston area and the atmosphere reloading and much of this as well and tomorrow the system doesn't move much and disturbance at his pounding parts of california and snow and some spots over five feet of snow, biggest storm in years. watch this across parts of the

great lakes and a new storm is moving in and not a lot of mis-ture and it'll drop the temperatures down. we're officially going to be in spring on tuesday evening. take a look at what happens here in parts of the northeast on tuesday. we've got snow coming in across parts of the great lakes and it's going to be colder and it's a huge month across parts of the east and west and flip-flop in the wow. tern and dropping in the -- pattern in the east and warmup in the west and not lasting too long and changing by the end of next week. will and pete, back to you inside. will: thank you, rick. former alabama head coach nick sabin calling for a different kind of play. >> whoever raises the most money in their collective can pay the most for the players. we need some national legislation. pete: former nfl sideline reporter michelle teffoya on the state of nil next.

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lyric former alabama head football coach nick sabin said it's time for name, image and likeness guideline and level the playing field. >> whoever raises the most money in their collective can pay the

most for the players, which is not a level playing field and what congress needs to do is we need national legislation because now we just have state legislation and every state is different. pete: former nfl sideline reporter michelle teffoya joining us. i think we take for granted people understand what name, image and likeness is and throw around a terms like likives. nick talked about collectives. help us understand what it is. >> yeah, it's when a university, like u sc, decides to set up and through a company and sort of a big booster fund and boosters, alumni and small businesses and chipping in here and what they get is better teams and pot of money from which they can pay these players and sometimes they require that women's basketball team goes to sign autographs for an average and something like that.

it's a gig collection pot of money and every university has a different one, a different fan base and alumni base they can access and so these collectives varicose veins from -- vary from state to state and school to school. will: name, image and likeness and everybody championed it under the idea and capitalistically make money off of your face, name, your marketing potential. what it's turned into is a collective system and it's back ending professional athletics into amateurism. each school put these collectives together and the kids are getting money just for attending and playing football at given whatever university. >> yeah and you can have super star quarterback come into nick sabin's office and say, coach, this is what it's going to take to keep me here for io year and

more money and endorsements or whatever it is. even a linebacker can walk into a coach's office and have that leverage if they want to stay. adding to the wild, wild west feeling is these kids can transfer with no ramifications and you get in the transfer portal and better offer and it's going for a mid range upper range student athlete who says i can go make 2 grand playing basketball for ohio state instead of minnesota and i may be on a lesser team and they may crush me but i'm still making 2 grand. the ability to recruit and keep players, which is something we really used to enjoy. right, will. we knew when players were staying with the team and loyal to the school. that's not the playing field anymore. it's loyal to themselves and amount of money they can make. will: he's saying it's what drove him out of coaching and we should take him at his word. he had a certain way of doing business and that way of doing business led to a dynasty at alabama and now says it's a new world. a

michelle, the wild wild west. whether or not you're for it or against it and think it's capitalist or ruining amateurism and we can agree it is the wild wild west, and i want you to listen quickly, michelle, to nick sabin's proposed solution to this chaos. >> instead of having a collective-driven name, image and likeness i thought a revenue sharing with name, image and likeness is a better system that would be able to continue -- we would be able to continue to support athletes and athletics in all sports. will: what do you think, michelle? >> well, it's still there. it leave as lot of questions to be desired; right? a revenue sharing system and there's still so many questions as to what that would look like so it sounds like a good answer and the issue is this, when you have different rules in every state. i mean in some states high schoolers can capitalize on nil and other states they cannot. it really varies and what college football and nick sabin are looking for is a federal set

of guidelines as to how to even out the playing field, and that's great in theory but priorities; right? the world is on fire and does congress want to take care of this right now? i know ted cruz was saying this is the time we've got to two month window and get this done. that depends on how complex that legislation is. if states can sue the ncaa as they have been saying get out of our way. we now have the ability to raise as much money as we want to lure these students to our campuses and it does seem to require some federal sort ovguidelines or legislation to make sure this is an even playing field if that's what people want. it seems like we're drifting away from that and this is becoming pro sports environment. will: the outcome is something sabin suggested and we all saw coming is the rich get richer and poor get poorer and big rich schools will dominate. michelle, thank you. more "fox & friends" coming up in just a moment. introducing, ned's plaque psoriasis.

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