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Nov. 28, 2024 - Sean Hannity Show
32:01
Story of Daniel Penny - November 27th, Hour 3
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This is an iHeart Podcast.
You're out here for our final news roundup and information overload.
Welcome back to the Sean Hannity Show.
I am Rose.
Check me out, please, on social media, Rose Unplugged.
And also, she is called byhim.com.
You know, we invited Fox News legal analyst and best-selling author Greg Jarrett to come on today because we wanted to talk about the meltdown and all of the lawfare that's been waged against President Trump and some of the cases and trials that we're seeing right now that have become really headline news.
So welcome to the show, Greg.
I hope you're doing well.
I am.
Thank you, Rose.
Thanks for having me on.
Happy Thanksgiving to you and your listeners.
Thank you.
The same to you, Greg.
Let's start with the killing of Lake and Riley and the trial.
Back in February this year, Lake and Riley, a 22-year-old Augusta University nursing student, was murdered.
She was out jogging at the university, and her death, they say, was caused by blunt force trauma and asphyxiation.
Now, they all talked about her being a caring daughter, a good friend, and a devout Christian.
And you hate to see anything like this happen to anyone.
And she just seemed like the sweetest little thing, and yet she's now gone forever.
And that's because of a gang member whose name is Jose Habara.
And they had physical evidence, digital and video evidence to tie him to her death.
And the judge did convict him.
So we can say, thank God for that.
But I had a question for you.
This wasn't a jury trial.
He waived his right to that.
Why would someone do that?
I've always been curious about that.
Well, I think he knew, his lawyers certainly knew that a jury would convict him in a nanosecond.
They thought maybe we can snooker the judge.
It didn't work.
But, you know, this tragedy is the inevitable consequence of Joe Biden's immigration open-door policies, inviting everybody in.
12 million illegal migrants have flowed into the country.
Many of them are just like Vara, who, you know, is a career criminal, a violent person.
And, you know, thousands of people in America, America's citizens, have been victimized by these criminals who are here illegally.
And in the case of Lake O'Reilly, you know, Joe Biden has blood on his hands.
He did that.
He made that happen.
And he'll never recognize it.
And neither will any of the mayors and governors who advocate their sanctuary city status.
You know, there are more than 300 cities and counties that have these sanctuary policies.
Now, for some, it's simply a progressive political statement.
They've taken no real action to give sanctuary to people who are here illegally.
Other cities, like San Francisco, actively protect illegal immigrants, and they refuse to turn people over who committed crimes to federal agents for deportation.
When ICE asks for a hold on a prisoner, the city ignores it, and they often walk free.
And, you know, it's about time that we start enforcing the law.
There are two laws here that can be used against sanctuary cities and states.
One of them is the Illegal Immigration Reform Act of 1996.
It requires states and municipalities to cooperate with federal authorities.
If they don't, they lose all federal funding.
And if that doesn't work, let's start arresting the mayors and the governors who are concealing, harboring, or shielding from detection these illegal immigrants.
And I'm reading directly from a federal felony law, 8 U.S.C. 1324.
And if you harbor or shield, as these sanctuary cities and states do, people here illegally, You can spend up to five years behind bars.
And if somebody dies, like a Lake and Riley, it's life behind bars.
And, you know, these mayors and governors, particularly I was noticing the governor of Illinois, the mayor of Denver, they say they have vowed to actively stop the Trump administration from arresting people who are here illegally.
If they do that, that's also obstruction of justice.
They think, you know, they're somehow insulated and protected by their elective status.
They are not.
George Wallace was nearly arrested in 1963 when he obstructed federal law, and he backed down at the last moment.
So governors and mayors can be arrested, prosecuted, convicted, and imprisoned.
Do you suspect that we'll see some of that coming up?
I do.
I do too.
I wrote several columns about this back in 2016 and 17, urging President Trump to do just what I've described.
He didn't do it.
I wish he had.
But I think he has come to realize with all of the cases, just like Lake and Riley, that we now need to aggressively enforce the law and go after the sanctuary cities and states and the elected officials.
You know, before I move on to, because I want to talk about Daniel Penny, and there's just, a lot of us have been glued to the TV and we've been listening to find out what's going to happen because these shocked us to our core for different reasons, but they did.
And before I do move on, there was something I wanted to ask you because at one point, the defense team argued that, hey, the DNA evidence, they could be his brother, Diego.
It might not be him.
And it seems like a lot of undermining of the lab results and finding experts who are going to raise doubts about those results.
I mean, I thought at one point that you have that DNA and all of the evidence that they had, how can, is this a new trend or has this been always going on?
I mean, you're literally saying it could have been his brother.
Yeah, well, you know, the use of DNA by a defense team came into vogue in the aftermath of the O.J. Simpson team and the success that they had in snookering the jury, which had already, you know, sort of preordained the outcome the moment they were selected.
But, you know, you can identify with specificity that it was Ivara and not his brother Diego.
And there was also other corroborating evidence, you know, bloody clothes and so forth.
So, you know, that was the longest of long shots for the defense.
Yeah, I'll say.
Well, it was a speedy trial, four days, strong evidence.
So justice was served here.
Now let's move on to Daniel Penny, because we know that this homeless schizophrenic man was on the F train.
This was back in 2023, May, I think.
And he was looking for food, he said, and he was telling everybody that he's ready to die, not afraid to kill somebody.
And the other riders were really afraid.
And who wouldn't be, right, on the train?
One of the passengers on the train that day was Daniel Penny.
And we know now that he's a former Marine, and he put Neely in a chokehold, I guess they call it, and it lasted six minutes.
And then Neely was then rushed to the hospital, later declared dead.
So now we've got Daniel Penny on trial for protecting passengers from this crazy person on the subway.
And they're expecting, I think, closing arguments on Monday on this trial.
What are you thinking as you're watching all of this unfold?
I expect not guilty verdicts to the two charges against him.
They're not murder charges.
They're manslaughter, both negligence and reckless conduct.
But the law and the facts are on Daniel Penny's side.
And I think the defense has really done a stellar job here.
The evidence is overwhelming that Jordan Neely threatened to kill passengers, and he made overt, menacing acts such that everybody on the subway car, many of whom testified, believed they were going to die.
And the law says, Rose, that Daniel Penny was entitled to intervene to protect them.
The law allows him to use lethal or deadly force because lives were, in his mind, in the mind of the passengers, in imminent danger of serious bodily injury or death.
So it's a defense, self-defense case, defense of another, in this case, defense of many others.
Subduing the deadly threat the way he did was not unreasonable.
It was justified.
So, you know, Neely is to blame for his own demise.
And the forensic pathologist hired by the defense absolutely demolished the prosecutor's cause of death theory and made the medical examiner who said he died of a chokehold look utterly incompetent.
You know, drugs and a psychotic episode ended Neely's life, according to the defense expert.
And in the end, there was really no need for Daniel Penny to take the witness stand because he'd already testified through his videotaped interview with police.
That's right.
He went to the precinct right after it happened.
I mean, should this have ever really gone to trial, though, Greg?
I mean, how is he a defendant?
And it seems like, you know, you see this prosecution of somebody like Daniel Penny, and it's so disturbing when you consider that there's been so much leniency toward actual criminals, you know, of recent times in the last couple of years, that I am shocked that it went to trial.
Should I be shocked?
It would be shocking to any intelligent, honest, objective, neutral person.
But you have to remember that the district attorney in Manhattan is Alvin Bragg.
Yeah.
So common sense and fairness and justice have nothing to do with it.
You know, Bragg is more than happy to protect career criminals who victimize innocent civilians because he's a George Soros-funded progressive DA.
Although I note recently somebody in his office was victimized, and all of a sudden they're taking it seriously and saying, oh, no bail, no bail for this one.
Now, this case should never have been brought against Daniel Penny.
It was justified, and the evidence from the outset demonstrated that it was.
This was a prosecution, I think, you know, handed down by the district attorney because there were racial elements to it.
Right.
Yeah.
Alleged victim was black.
Daniel Penny is white.
And I think that had everything to do with it.
I mean, I hate when I see something like this happen.
My heart went out to Penny.
And you also think, too, you can't help but think, but seeing someone be prosecuted for this really kind of puts a damper on anyone else who might want to rescue someone else who is in harm's way.
It's a great point, Rose.
You know, how many people from now on, when they see individuals being attacked, not just in the subway system, which is a death trap, in my judgment, in New York City, but out on the streets.
You know, they will think twice about defending others who are being beaten or robbed or victimized in other ways.
You know, the stabbings, the shootings, you know, murders in New York City are reaching approximately 300.
And, you know, crime is out of control.
But, you know, it's almost as if the district attorney's office is telling people, hey, you're on your own.
We're not going to protect you.
Yes.
If you do protect yourselves, we'll come after you with a vengeance.
Yeah, absolutely.
I mean, I'm just, it's so disturbing on so many levels.
Real quick, we only have like two and a half minutes, but let's talk about our special counsel, U.S. special counsel Jack Smith.
He requested to drop the federal election interference case against Trump.
And what you said about this, Greg, is that Americans had final say on Jack Smith's misbegotten Trump persecutions.
Can you go through that a little bit?
Because I think you're absolutely right.
The people spoke.
Yeah, the people did speak, and it's well established.
A sitting president cannot face prosecution.
I'm talking about the Jack Smith case.
So, you know, the moment that Trump won, the special counsel's cases were over.
They were ended.
And look, Smith feared that would happen.
I was going to ask you that.
Yep.
You know, he unscrupulously tried to rush the prosecutions before the election.
And when he failed at that, then he attempted to harm Trump's chances at the ballot box by releasing to the public damaging documents right before the election.
They were one-sided.
They were exaggerated.
That violated DOJ rules.
Smith didn't care.
He ignored those rules with impunity.
He was out to interfere in the election.
And the American people had had enough of this corrupt, crooked lawfare that was used against rendered their own verdict on November 5th.
You are so right.
Greg Jarrett, it's always a pleasure to talk to you.
I haven't talked to you for a while, so this was great having you on with us today.
Thank you so much for joining us on the Sean Hannity Show.
I appreciate it.
My pleasure.
Happy Thanksgiving.
Happy Thanksgiving.
All right.
You know what?
That was considered, as he said, by many as lawfare, and it's always wrong, and it's always politically motivated.
We're going to be back with more after this.
You're listening to The Sean Hannity Show.
This is the Sean Hannity Show.
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protect your most valuable asset that was my music taking care of business Linda was taking care of business yesterday.
She asked a question, how are you going to do with your liberal friends and family this Thanksgiving?
Had everybody respond to her on X at Linda with a Y, M-I-C-K.
At Linda Mick.
Linda, you were reading some of these to me earlier.
They were hilarious.
I'll tell you what, the audience is hysterical.
This is probably my favorite one of the day.
And this is from the snark at the SNARK66.
We're starting a new tradition where we go around the table and say why we're thankful for Trump.
The only rule is you cannot say anything negative or you have to drink.
The drunkest one has to clean up.
I'm like, yes, this game is the perfect game.
I mean, it's amazing.
It's a great drinking game.
I love it.
Yeah, but you got a lot of great responses.
You can still weigh in on how you handle your liberal friends and family at Linda Mick, L-Y-N-D-A-M-I-C-K.
We'll be back with Tom Hellman.
Exposing the Pelosi party's chaos and corruption all day, every day.
This is the Sean Hannity Show.
Welcome back to the Sean Hannity Show.
My name is Rose, sitting in for Sean, and we have with us today our new Border Czar.
Tom Homan, welcome to the show.
And thank you for coming on with us today.
And congratulations on the new position.
I think we all knew this was coming, though, didn't we?
Well, I made no secret of it, but I appreciate the invite to the show.
Absolutely.
Listen, I know that you were in Eagle Pass yesterday and in Texas and you're on the border.
Tell us what you saw there.
What did you feel when you were there?
Because I know you were so very passionate about this subject.
And that's why we're glad you're there.
By the way, my friends think you should be called the border boss.
It does have a nice little ring to it, doesn't it?
Yeah, I may steal that one.
I'm going to start using it.
Good, do it.
Yesterday was a fantastic day because I made about eight trips to the border this past year and then I went to the board of Joe, DPS, National Guard.
The morale is non-existent because, you know, every time they try to secure the border, my administration will sue.
Every time they try to do their job, you know, they were told not to.
The National Guard and troopers are doing a great job, but they're doing the work the federal government should be doing.
Yesterday I went down there.
It was like 180.
It was like everybody's morale.
I've never seen morale that high in my life.
They're excited.
They're passionate.
They're grateful that helps coming.
They're happy Trump's coming back.
They're happy.
Look, we're not waiting until January 20th.
I'm already working with Texas governor, and that's what we said yesterday when we spoke to him.
We're already planning how we can continue to help Texas finish the job they started, which is extraordinary what they've done.
And we'll give them some relief.
So maybe some of those National Guards guys can go home and see their families because we're going to shut this border down and we're going to need less resources once we shut it down and maybe some of these guys get a break.
So it was the happiest event I've been at in a long time.
Oh, I'm so happy to hear you say that.
And I know that you were hoping that you had this opportunity, this last opportunity to get in there and get things done.
And one of the things that I really appreciate about you, Tom, is that you are so not only committed to the border, but to the children.
You have such a heart.
I have seen you break down when you've talked about the young children that have been used and abused coming across that border.
We all saw and were heartbreaking when we watched the video of the two-year-old girl at the U.S.-Mexican border in Texas and the image of her just by herself, holding a little piece of paper with a phone number on it.
Tom, I know that breaks your heart.
And I know that you are intent on stopping this.
It's a humanitarian issue more than anything else.
It's a morality issue.
It's an honor of life and death.
These kids don't deserve that.
You know, when I rescued 19 aliens in Back of Trache, a five-year-old boy that baked to death, the first one to die.
I mean, he didn't, first of all, no child died, like, especially like that, for God's sake.
So, yeah, I've seen a lot of tragedy on the border.
You know, I felt dying children.
I've felt dead children.
I've talked to little girls as young as nine that were raped multiple times by some sick animal cartel member.
And once you see the deaths in mayhem, when you watch Borato, it's getting CPR to an infant that the cartel threw in the river so the Borato wouldn't chase them.
They took a baby in the river, then when the Borato stopped chasing them to try to rescue the child.
And that's why I'm so passionate.
That's why I'm so emotional when I'm on Fox TV, whether I'm on a testify in front of Congress, because this stuff can be addressed.
President Trump did it.
When President Trump had illegal immigration down 90%, when 90% less people are coming, how many children weren't being killed or drowned in the river or died in the desert?
How many women weren't being raped?
How many pounds of fentanyl didn't come to the country to kill young Americans?
How many known inspector terrorists didn't make it to the country?
How many angel moms and angel dads did we not get new that year because their children weren't being killed by illegal aliens?
You know, and that's another tragedy.
I've talked to hundreds of angel moms and angel dads who buried their children because their children were raped or murdered by members of the cartel or members of our illegal aliens that were in this country in violation of law.
I've had it.
I've had it.
And when this administration came into power, we had a record number, record number of deaths on the border or 4,000, a record number of Americans that died from fentanyl, over a quarter million, a 600% increase in sex trafficking.
This administration is heartless.
An open border is heartless.
So I'm glad we're going to go in there, secure the border, and save lives.
It's all about saving lives.
Heartless indeed.
And you know, when you think about this administration also, in terms of the hostile acts against Governor Abbott, against the Texas border, against the people who live in that state and other states that are affected by these kinds of things happening, that relationship was so adversarial.
It was so, it was horrible, frankly.
And now I am glad to hear that once you've been down there and you've seen the people and the morale now is just so much higher than it's ever been.
You can see why.
Well, yeah, me and Governor Abbott, you know, we've been friends for a long time, and we're both excited at his partnership.
And he's been very successful.
And you're right.
He's like President Trump.
He's taken constant attacks, constant lawsuits, and he came out on top just like President Trump did.
So Governor Abbott is a great American.
He's a patriot.
What I told the troops yesterday, the National Guard and troopers, was, look, you're just not defending Texas.
You're just not making Texas more safe.
Most of the illegal aliens coming across this border don't stay in Texas.
And the fentanyl goes in every town, city, and state in this nation.
Every ounce of fentanyl you seize, you're saving lives.
For every person you arrest for trespass, illegal alien crossing the border and you wrestled for trespass, that's one less gotaway.
So we reach your fingerprint and you're arrested and we know who he is.
I said, you guys are, you men and women just aren't saving Texas and protecting Texas.
You're protecting the entire nation.
And this country thanks you and honors you for that.
So remarkable men and women who are standing on that front line every day for us.
While you and I are sleeping at 3 a.m. this morning, they're on the border and they're on the line and they're protecting us.
Yeah, you know, I mean, the Biden administration, they did not take this situation seriously.
You do.
And we're so glad that you're there, even with women and children the most vulnerable.
We are talking to Tom Homan, the border boss.
We are so excited to have you.
Now, I want to ask you a question.
I heard that Texas was giving a plot of land over to set up camps to set up mass deportations.
Is there any truth to that?
Yes, there is.
And we're trying to decide now the best use of that land.
So I'm in the middle of writing the plans.
So there's some options there.
Everybody decided yet.
Could be a stage of guarantee for removals.
Could be a stage guarantee for detention.
Not sure yet.
That news just came to us a couple of days ago, so I'm working on options right now for that land.
You know, I thought it was interesting.
We saw 57% of Americans want to deport illegal immigrants.
I think that, you know, when we've seen what's happened with criminals that are coming across, the gang members that are here, those are the ones that we're all hoping are going to be the first ones to be looked at, identified, and moved out.
Well, President Trump's made that clear.
I made it clear that right out of the gate, we're going to concentrate on public safety threats, national security threats and fugitives.
Public safety threats, we got to find them because they pose the biggest threat to their communities with the national security threats.
Then we're going to look at the fugitives.
These are, you know, we've got to remain illegal aliens who had due process that create taxpayers.
That's the enter the country wasn't a crime.
We gave them access to a judge in the court.
They made their case laid lost.
A federal judge's order been removed.
We have to remove them.
If we don't, then what the hell are we doing?
It's just shut down the immigration court if those orders don't mean anything and take the border patrol off the border because there's no consequences anymore.
So you can ask for due process.
You can demand the right to make asylum claim.
You could demand the right to see a judge.
Okay, we're okay with that.
But at the end of that due process, if you're ordering removed, that's exactly what's going to happen, or that due process doesn't mean anything.
You know, speaking of deportation, too, didn't Trump in his first term get El Salvador to take back some of the MS-13 and he got Mexico to agree to remain in Mexico program.
And now, I guess, Venezuela, we have to somehow work with them to have the same kind of a response.
Well, President Trump's a badass president.
Yeah, he is, and you're a badass border boss.
So this is going to work really well, I think, together.
We finished our person out of door up to Long Island.
We rushed just short of 500 gang members, most of MS-13.
I remember on the way home from that press conference, I explained to the president the difficulty we had in El Salvador accepting MS-13 members.
And the president said he'd take care of it.
Within 48 hours, we were sending planes of MS-13 members back to El Salvador.
And you're right, he did.
Mexico didn't want you to remain in Mexico program, but they did it after Trump held them accountable.
They didn't want to put military on the southern northern border, but they did it.
And by doing so, it saved us a lot of money.
Saved us processing money, saved us transportation costs, saved us court costs, saved us detention costs, attorneys costs.
So, you know, President Trump, when it comes to Venezuela, I've already had that discussion with him that, you know, we're going to target Trentuaya.
They're a huge public safety threat in this country, but we've got to be able to remove them.
Venezuela right now is not accepting their people.
I guarantee you, when Trump gets in that Oval Office, it'll be a matter of days.
It'll take them.
Yeah, and you talked about, Tom, how this affects every state, not just the border states.
And one of the ways it's affecting everyone, and they say that there's at least 16 states in the country that have seen an increase in the Venezuelan gang territories.
So, and even the Internal Department of Intelligence, they had a memo that went out that was warning about the gang's growing presence in Washington, D.C., Virginia, Montana, Wyoming.
And they've got a strong presence in other states as well.
I mean, this is big.
This is a big deal, and it's something that we should all be concerned about.
It is a big deal because there's no way Trinagua is successful as it has been coming to the United States and taking over these cities without the cooperation and the coordination of the Venezuelan government.
Just like there's no way 65,000 Chinese males in military age were able to leave China and come to the United States without the coordination and approval and the blessing of the Chinese government.
This is about a nation trying to attack this nation from within.
And I truly, truly believe that.
And again, in the Biden administration, what has he done?
What has he done in Venezuela?
Nothing.
What has he done to China who are creating the precursors that they sell to the criminal cartels of Mexico to make fentanyl that killed all the corner of America?
Nothing.
What has this administration done to Mexico to hold these cartels accountable and take some action on them?
Nothing.
President Trump's going to change all that.
He's going to hold China accountable.
He's going to hold Venezuela accountable.
And I tell you what, he's going to hold Mexico accountable for the cartel killing so many Americans.
The cartels of Mexico kill more Americans than every terrorist organization in the world combined.
And if Mexico don't want to do something about it, I guarantee you, President Trump will.
Wow.
I think you're right about that.
One last thing I wanted to talk to you about, and we've talked about this before.
You've told me that your family has received threats because of your position in the administration in the past.
Now we read that there are 12, at least 12, that we know of, either nominees or appointments that have been experiencing threats on their lives, on their families' lives, on their homes.
How do you deal with this?
How is it that you were so committed to this country, to the border, and the problems as a result of the border?
How is it that you were so strong that way?
I mean, because we look at people like you and we're like, oh my God, some of us think would pack up and walk away after all of that.
And yet you don't.
You remain.
Well, I was life structure in the first Trump administration.
I had numerous death threats.
And I had a security detail.
And even after retired, a death threat still came.
So I had U.S. Marshals protected 21 U.S. Marshals seven per shift who protected myself, my family, my home.
And I mean, I couldn't even go out to dinner with my family.
I would have protective detail around this.
It's just ridiculous.
But I've had a lot of death threats.
And I'm never taking them real seriously.
But what's happened the last 24 hours with all these appointees, I'll take a little more serious domino.
I just always figured some purple-haired, bun-wearing, beta male living at their parents' basement.
But my family's not waiting right now until we get to the vibe or someplace else.
But as far as the car, as far as the death threats, I've always had the attitude.
You want some to come get some.
Come get some.
Look me eye and eye and tell me what you're going to do to me because most of them are cowards.
That's why they use the mail and social media and the rest of this stuff.
But you know what?
Since what's happened the last 24 hours, something is appointing to you.
I want to take it a little more seriously.
We'll see what happens.
You're the man for the job.
You really are, Tom Homan.
God bless you.
Our prayers are with you.
Our new border boss, Tom Homan.
If anyone can do this job, it is you, Tom.
And I'm so glad you had the opportunity to get back in there and finish what you started.
Thank you.
And God bless you and protect you and your family.
Thanks for having me.
I appreciate it.
Take care.
All right.
We have to go to a break right now.
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