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because neely was being threatening. what we've never seen in the case is the toxicology report which has been interesting, right? people want to see that. this case in front of the judge, should it dismissed? he has had his life on hold while he waits to hear this. there he goes into the courtroom. his life hangs in the balance right here. >> bill: a lot of these cases we talk about on the subway or on the streets whether you can ask yourself was itself defense? i don't know if he will argue that. it was more protecting the public in the train car. in between stops and question whet...

♪ ♪ [national anthem] ♪ ♪ if. ♪ ♪ will: we begin this morning with a fox news alert, the wagner chief who threatened a march toes moscow, an open rebellion, has how now backed down. pete: belarus reportedly brokered the deal that will allow jeff again withny prigozhin to go into exile and end that internal conflict for now. rachel: alexandria hoff is live in washington, d.c. with the latest. good morning. >> reporter: well, good morning. prigozhin has been paired of the criminal mutiny charges that were against him, and russia avoided a rebellion that was on rack to spark...

rule of law. >> of our southern border. >> do you agree with that? [crickets] >> totally consistent with jump of intees cease animal. >> it did escape from a chinese lab in wo wuhan. >> an accident followed by a cover-up. >> congressional baseball game brings together republicans, democrats and fans of all gladges "studio b" deep into left field and bounce into the bullpen. >> republicans took 15-6. >> ainsley: straight to a fox news alert. marine veteran daniel penny indicted on a second degree manslaughter charge connected to jordan neely's death on a new york city subway train. >>...

"outfront" next, sources close to trump say they're preparing for yet another indictment. this as the attorney general fights back against trump's attacks. plus, exclusive cnn reporting from the front lines. ukraine making significant gains across the south. our crew on the scene taking cover as a russian plane dropped bombs nearby. our fred pleitgen is there. and a spoiler alert, the white house trying to squash a possible bid by the group no labels. how much could a third-party candidate hurt biden? let's go "outfront." good evening, i'm erin burnett. "outfront" tonight, team...

jessica tarlov, jesse watters, d greg gutfeld. it is 5:00 in new york city and this is "the five." ♪ ♪ the so-called great savior of democracy is back. rushed off his caribbean vacation where he got sunburned into oblivion. president biden was at valley forge to kick off his first major campaign speech of the year, but it looks like the big guy is out of big ideas. instead of talking policies or how he will make your lives better, biden bashed maga supporters and january 6th. the president repeatedly mentioned george washington, while fanning himself as a defender against dictato...