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courtroom for the trial of new jersey versus police officer gary spath. mike: it is extremely rare for police officers to be put on trial. this was a police officer who claimed he was doing his duty. and in the course of doing his duty, he was indicted for a criminal offense, manslaughter. reporter: witnesses say the teen had his hands in the air in a gesture of surrender at the time of the shooting. thelma: it's proven evidence. he surrendered. that's murder. he just shot him when he gave up. paul: listen, this was a tragedy, but phillip was a kid who had a gun who shouldn't've had ...

instead he said something we've started hearing a lot from defenders of the former president in the last 24 hours, deflecting from the facts, focusing on the leaks. marco rubio serves on the intelligence committee, explaining away the way the fbi classified documents as a storage argument. >> this is really at its core a storage argument they're making. they're arguing there are documents there. they don't deny he should have access to the documents. i don't think a fight over storage of documents is worthy of what they've done. >> now senator rubio and others are focusing on apparen...

>> that is the united states air force's ceremonial brass quinntet playing god bless america as we honor the air force's 75th birthday this morning on "fox & friends." good morning, welcome to the program, will cain, pete hegseth, rachel campos duffy on this fourth hour of "fox & friends." >> not three, four. rachel: number four. >> and the best it's the fourth. rachel: it's always the best. >> we get so much practice. rachel: it's a lot of pressure, pete. >> watch the 6:00 a.m. hour, what are we talking about. rachel: the coffee hasn't kicked in yet. at this point we're fully caffei...

expected tomorrow. governor ron desantis is going to be put to the test, forced to actually do his job. when he's used to spending most of his time hanging out on fox news and owning the libs. >> the approaching hurricane is also changed the january 6th committee's plans. we have our hands on some documentary footage of roger stone laying out trump's plot to steal the election. which the committee is expected to show when the hearing is rescheduled. >> also tonight, the senate takes up the electoral count act to protect democracy. and we're going to try to answer this question of why...

on facebook live. memphis police department sergeant louis brownlee said kelly has prior arrests for attempted first-degree murder, aggravated assault, and reckless endangerment. back in 2020. at this hour, the manhunt is still ongoing with some reports he's even made it to arkansas. our own trace gallagher has been following all the breaking details from our west coast newsroom and he joins us now with the latest. what can you tell us? >> trying to confirm the arkansas angle. we know the suspect as you say apparently evening live stream facebook updates each time he shoot somebody. ...