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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 ...

news alert. president biden starting day two of the new year with a slog uphill to try to convince american voters, especially those of color, that he actually can do the job of solving their toughest issues. two days into the new year, three years into his presidency. i'm harris faulkner and you are in "the faulkner focus." the president took a new year's message out for a spin. >> president biden: my hope is that everybody has a healthy, happy and safe new year. beyond that, i hope that they understand that we are in a better position than any country in the world to lead the world...

3:00 p.m. eastern and we expect the former president to plead not guilty either today or in a separate formal arraignment. we'll find out. much of the republican party has been rallying behind trump. >> they are trying to utilize the d.o.j. as an influence operation within the campaigns within elections. >> america is seeing a double standard. perhaps president trump should have gone after hillary clinton. he didn't. should joe biden be allowed to aggressively go after the former president? >> i think president trump has not been treated equally like everybody else in this process. >...

>> violence in the middle east exploding literally. reports of more than 100 dead as explosions rock a ceremony for a slain rainian general killed four years ago today, a top hamas leader taken out in beirut. containerships come under attack in the red sea and many companies say good-bye, we don't even want to be near the red sea. who leon panetta says we need to do to stop it. we are all over it. welcome. i'm neil cavuto. let's get to it with jennifer griffin with the very latest at the pentagon keeping track of these developments and boy, they came fast and furious. >> well, absolu...

perino along with judge jeff paul jess can tarlov jesse watters and tyrus. it's 5:00 in new york city and this is a special edition of "the five" ♪ >> happy new year, everyone. we're excited to kick off 2024 with you. now get ready because we have a huge show ahead. we are taking a look back at our must-see moments from our show last year. answering your fan mail questions and are also going to rewind to one of our favorite things which is one more thing. plus, it's our annual tradition. we're revealing our new year's resolutions and predictions. but first. it's the best five stori...