• A judge in Manhattan denied the Alexander brothers bail in their sex-trafficking case on Wednesday.
• The denial followed a contentious hearing over whether the three brothers are dangerous or a flight risk.
• The judge criticized a lawyer who argued a woman can't be incapacitated if she can still stand up.

A judge in Manhattan denied bail on Wednesday for the Alexander brothers in their federal sex trafficking case, meaning they will remain jailed in Miami pending trial.

Oren and Tal Alexander were luxury real-estate agents in Miami Beach and Manhattan before they and Oren's twin, Alon, were indicted in December. The three have denied wrongdoing and have pleaded not guilty to federal sex trafficking charges.

The bail denial by US District Judge Valerie E. Caproni followed a contentious three-hour hearing, during which one defense lawyer argued that the brothers were no longer "orgying" and another said a woman can't be incapacitated if she can still stand up.

That latter claim sparked a harsh retort from the judge.

"That is nonsense," Caproni told a lawyer for Oren Alexander, interrupting his attack on a key piece of evidence — a 2009 video showing either Oren or his twin, Alon, having sex with a woman that the government alleges was incapacitated.

"I'm just telling you, if that's your argument, you lose," the judge told the lawyer.

The testy exchange was begun by Deanna Paul, a defense lawyer for the twins' older brother, Tal, who told the judge that the sex-trafficking indictment is based on weak evidence.

The indictment alleges that for 10 years starting in 2010, the siblings conspired to use their wealth and prominence in the luxury real estate world to rape or assault more than 40 women, mostly in Manhattan and Miami and often through the use of the drug GHB.

Halfway through Wednesday's hearing, which the brothers did not attend, Paul mentioned that key prosecution evidence — the 2009 video. She criticized its probative value, telling the judge it "shows the lack of force" during a consensual sexual encounter.

"In my view, having sex with a woman who is physically incapacitated is basically rape," the judge responded, citing the prosecution's description of the video.

The judge asked prosecutor Andrew Jones to describe the video more fully, which he then did publicly for the first time. He called it a "trophy" tape that the government had seized as evidence, and said it depicts one of the twins having sex with a woman he said the government has not spoken to.

Jones said he wasn't sure if the video shows Oren or Alon, but that as it begins, "one of these very stone-cold sober defendants sets up a tripod."

"There's a woman on the bed. She's naked," Jones continued. "When she tries to speak, it's incoherent. She is mumbling," and she appears unable to move, he told the judge.

After the alleged rape, "she manages to stand on the floor, but then collapses back on the bed," the prosecutor said the video shows.

Later in the hearing, the video was mentioned again by a lawyer for Oren Alexander, Richard Klugh.

He referred to the woman in the video as "the sexual partner" of either of the twins and "the woman who stood up immediately after having sex."

He said prosecutors are misrepresenting evidence when they say the woman was unable to speak, given that "she was mumbling."

"You cannot call someone incapacitated who is able to stand up," he added — at which point the judge called his assessment "nonsense."

At the end of the hearing, Caproni rejected defense arguments that the siblings were neither a danger to the community nor a flight risk, and that, as Klugh put it, "there's been no more orgying. They're married."

She also turned down a $115 million bail package and a promise that the three would live together in Florida on home confinement. The home would have an in-house security team, window sensors, and an alarm system, the defense lawyers had said.

Caproni said her denial was based in large part on federal appellate case law from New York's Second Circuit that bars judges from accepting a two-tiered bail system where only wealthy defendants can spend money for 24-hour monitoring by an in-house security team.

"I have real problems with that," she said. "In the Second Circuit, if the only way I can mitigate danger to the community is to create a private jail, then I can't do that."

Caproni set the trio's next court date for January 29.

Southwest Airlines is being sued and Frontier Airlines fined over chronic flight delays by the Department of Transportation, the DOT announced Wednesday.

Why it matters: Wednesday's announcement by the outgoing Biden administration's Transportation Secretary, Pete Buttigieg, comes days after the DOT fined JetBlue $2 million for chronic flight delays — the first time such a penalty had been imposed on an airline.

What we're watching: When asked for comment Wednesday evening on whether Southwest would petition the incoming Trump administration to withdraw the lawsuit, company spokesperson Lynn Lunsford said the airline "has kept an open dialogue with DOT and continues to invite the agency to engage in discussions about a reasonable settlement."

Driving the news: The U.S. Government and Buttigieg are seeking maximum penalties against Southwest for allegedly illegally operating multiple chronically delayed flights, per the lawsuit that was filed in the U.S. District Court for the Northern District of California on Wednesday.

• DOT alleges an investigation found that Southwest operated two "chronically delayed" services between April and August 2022 that resulted in 180 flight disruptions for passengers.
• Each flight involving the trips Chicago Midway International Airport and Oakland, Calif, and between Baltimore, Md. and Cleveland, Ohio, was chronically delayed for five straight months, per the suit.

Separately, DOT issued Frontier Airlines with a fine for "operating multiple chronically delayed flights."

• The airline faces $650,000 in civil penalties with $325,000 to be paid to the U.S. Treasury, per a DOT statement.
• The remaining $325,000 to be suspended if the carrier does not operate any chronically delayed flights in the next three years.

What they're saying: "Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times. Today's action sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections," Transportation Secretary Pete Buttigieg said in a statement.

• Lunsford said via email the airline was "disappointed that DOT chose to file a lawsuit over two flights that occurred more than two years ago" and noted there had been no other violations of the department's Chronically Delayed Flight policy since it was issued in 2009.
• "Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years," she said. "In 2024, Southwest led the industry by completing more than 99% of its flights without cancellation."
• Representatives for Frontier declined to comment and representatives for President-elect Trump did not immediately respond to Axios' request for comment in the evening.

Go deeper: The best (and worst) airports for on-time departures

A handful of potential buyers have emerged, as the deadline for TikTok to be banned in the U.S. is a few days away.

Why it matters: A sale is an option that ByteDance, TikTok's parent company, could exercise if it wants the app to be a part of the U.S. media landscape.

• Biden could push the ban's deadline by 90 days if he learns that ByteDance is making progress toward a divestiture.
• If the company chooses not to sell, TikTok will be banned as early as Jan. 19 if the Supreme Court upholds a bipartisan law.

Zoom in: YouTuber James "Jimmy" Donaldson, famously known as MrBeast, announced on Wednesday in an Instagram post that he had a meeting with several billionaires and has "an offer ready" for TikTok.

• Donaldson did not share further information about who the billionaires are or what the plan looks like.
• He did not immediately respond to a request for comment.

Billionaire Frank McCourt in December pulled together participants for a consortium of investors interested in pursuing a "peoples bid" for TikTok, Axios' Sara Fischer reported.

• McCourt believes Project Liberty, an internet advocacy group, "is uniquely positioned to assume stewardship of TikTok" because of the tech and governance protocols it has built to prioritize user privacy and safety.
• The bid has been joined by Kevin O'Leary, one of the hosts of "Shark Tank."
• Project Liberty announced last week that it submitted a proposal to buy TikTok from ByteDance.

Bobby Kotick, the former CEO of Activision Blizzard, expressed interest to ByteDance co-founder Zhang Yiming about buying TikTok, the Wall Street Journal reported last year.

• Kotick floated the idea to a table of people that included OpenAI CEO Sam Altman.
• Kotick has not commented publicly on the offer.

By the numbers: TikTok has a stunning 170 million users in the U.S., and just 32% of Americans support a ban, according to a Pew Research Center survey.

The bottom line: All of TikTok's interested buyers may want to purchase the platform, with its price tag estimated in the billions, but ultimately, the Chinese government will effectively hold veto power over any sale.

More from Axios:

• What will happen to TikTok on Jan. 19
• Meta, Google stand to win ad share from TikTok ban
• TikTok Supreme Court takeaways

House Speaker Mike Johnson (R-La.) has ousted Rep. Mike Turner (R-Ohio) as the chair of the House Intelligence Committee, multiple GOP sources familiar with the matter confirmed to Axios.

Why it matters: Turner, who was tapped to lead Republicans on the panel by former House Speaker Kevin McCarthy (R-Calif.) in 2022, has at times broken with party leadership in a way that angered his GOP colleagues.

• Most notably, he put out a jarring but cryptic statement last February warning of a "serious national security threat" that turned out to be about Russian nuclear anti-satellite weapons.
• One former House Republican said there is a feeling that Turner is "way too intel establishment."

Zoom out: It's the second time in as many days Johnson has removed a Republican from a key panel.

• Rep. Thomas Massie (R-Ky.), the lone House Republican to vote against reelecting Johnson as speaker on Jan. 3, was taken off the Rules Committee — though he left voluntarily.

Philadelphia Eagles fan Ryan Caldwell addressed his behavior at the team's playoff game against the Packers Sunday, when he was seen on video berating a Packers fan who sat near him with vulgar insults. 

Caldwell was fired from his job as a project manager at BCT Partners after a video of his insults went viral. He has apologized but also defended himself by insisting his actions "were not without provocation" and that the viral video "does not show the full context" of what happened. 

"While attending an NFL game last Sunday to support my beloved Philadelphia Eagles, an incident occurred that I deeply regret," Caldwell said in a statement to the New York Post. 

"What began as banter with two Packers fans sitting near me escalated to something more serious, and I said things that were unacceptable. In the heat of the moment, I chose unforgiving words to address one of the fans, Ms. Ally Keller.

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"I want to sincerely apologize to Ms. Keller for those words, and to my wife, family, and friends, my former employer and colleagues, Packer fans, Eagle fans, the Philadelphia Eagles, the City of Philadelphia, and all who were offended. That said, there are two sides to every story. 

"The video clip circulating online does not reflect the full context of what transpired, and my actions were not without provocation. I will live with this experience, and I am certainly paying a personal price. For those who don’t know me, this incident does not reflect my values or the respect I have for others and is not indicative of the person I am."

The viral video was filmed by Keller’s fiancé, Alexander Basara, and spread rapidly across the internet in the days after the Eagles' 22-10 win. 

Caldwell's apology and news of his firing prompted a wave of celebration and mockery by sports fans on social media. 

"Ok, that excuse may be ok from a random, drunk dude who wandered into the stadium that day. But someone whose job it was to be inclusive? Hahahahahaha They are now on the job search, and they are gonna have a hard to getting said employment," the user wrote. 

EAGLES COACH CALLS OUT 'LAZY' TAKES ABOUT AJ BROWN AFTER HE'S CAUGHT READING BOOK DURING GAME

Another X user "loved" seeing the consequences that have befallen Caldwell in recent days. 

"I absolutely love how Ryan Caldwell, the Philly Eagles fan who abused a woman for no reason, has had his life ‘flipped upside down,’" the user wrote. "Hope it gets worse for you, Ryan."

Another X user described the public response to Caldwell's verbal attack as "social media justice." 

"Philadelphia Eagles fan Ryan Caldwell has been FIRED from his job at BCT Partners due to the altercation he had with a Packers fan at last week’s game, which has been playing all over the internet. This isn’t social justice, it’s SOCIAL MEDIA JUSTICE," the user wrote. 

One X user wrote that Caldwell's behavior is not an isolated incident, and similar language comes from the mouths of Eagles fans often. 

"And Eagles fans wonder why everyone hates them and their team. This is not an isolated incident for someone showing up there to support an opposing team. Stuff like this happens all the time there," the user wrote. 

Conservative filmmaker Matt Walsh even weighed in on the controversy.

"A few things here. 1) The Eagles fan is a stupid trashy goon. 2) Don’t bring your fiance to a game in Philadelphia wearing the opposing team’s jersey. You’re asking for something like this to happen. 3) You can’t let a man talk to your woman like that. You’re going to have to live with that shame for the rest of your life," Walsh wrote on X. 

Eagles fans have a long history of unruly behavior. 

The franchise's former home, Veterans Stadium, had an on-site judicial court and jail cells to deal with law-breaking fans.

During a loss against the San Francisco 49ers in November 1997, one fan infamously shot a flare gun into the crowd. Multiple fights broke out among fans at the game, and team owner Jeffrie Lurie addressed the incident.

"In spite of the fact that we feel we have made significant strides in recent years with regard to fan conduct at Veterans Stadium, what we witnessed this past Monday was undoubtedly a step backward," Lurie told reporters at the time. 

The Eagles host the Los Angeles Rams Sunday for the right to advance to the NFC championship game. 

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.

Reactions from social media came pouring in on Wednesday night as President Joe Biden delivered his farewell address to the country ending his career in politics that spanned over half a century.

"Joe Biden discussing democracy, a free press, institutions and the abuse of power in his final farewell speech is rich," GOP Congresswoman Nancy Mace posted on X. 

"What an embarrassing and pathetic end to an embarrassing and pathetic term," Fox News host Greg Gutfeld posted on X. 

"Joe Biden can’t even read. Every time he speaks it gets worse," conservative commentator and radio host Clay Travis posted on X. "Trying to run him in 2024 is the most reckless and indefensible presidential decision in any of our lives."

BIDEN BALKS WHEN ASKED IF TRUMP DESERVES CREDIT FOR ISRAEL-HAMAS CEASE-FIRE DEAL: 'IS THAT A JOKE?'

"My thoughts on President Joe Biden’s Farewell Address: It was underwhelming and divisive," Gabriella Hoffman, Independent Women’s Forum Center for Energy & Conservation director, posted on X.

"I’m relieved his four-year term is coming to an end. Mr. Biden failed to bring Americans together and pushed terrible "whole of government" policies that weakened us on many fronts: energy, national security, economics/small business, foreign affairs, and general freedoms. History won’t look kindly on Biden’s tenure. He’s now the most unpopular U.S. President in history."

‘SINKING THE DEMOCRATIC PARTY’: BIDEN’S CUBA MOVE SPURS RARE BIPARTISAN CONDEMNATION IN KEY ELECTORAL STATE

"Joe Biden mentions climate hysteria ahead of actual priorities, like border security, lowering costs, and peace through strength," GOP Sen. Markwayne Mullin posted on X. "They never learn."

"I'm stunned," former Democrat adviser Dan Turrentine posted on X. "I'm no historian, but, I don't recall a more dark Presidential farewell address? It's more a cry to the DNC than accentuating the positive to the country. This is sad."

"Biden ends his presidency by using rhetoric that would be right at home in a third-world communist dictatorship," Red State writer Bonchie posted on X. "This may be the worst farewell speech in presidential history."

Democrats, however, generally had a decidedly different take.

"Four years ago, in the middle of a pandemic, we needed a leader with the character to put politics aside and do what was right," former President Barack Obama posted on X. 

"That’s what Joe Biden did. At a time when our economy was reeling, he drove what would become the world’s strongest recovery – with 17 million new jobs, historic wage gains, and lower health care costs. He passed landmark legislation to rebuild our nation’s infrastructure and address the threat of climate change.  I’m grateful to Joe for his leadership, his friendship, and his lifetime of service to this country we love."

Liberal commentator Harry Sisson posted on X, "President Biden just gave the best speech of his presidency."

"His farewell address was incredibly moving. I will always be thankful for President Biden and his talented administration. Thank you to everyone who served and gave America an amazing four years."

Biden's speech comes as he has four days left in his presidency until Monday's inauguration when President-elect Trump will be sworn into office.

"My fellow Americans, I'm speaking to you tonight from the Oval Office. Before I begin, let me speak to important news from earlier today. After eight months of nonstop negotiation, my administration –  by my administration -- a cease fire and hostage deal has been reached by Israel and Hamas. The elements of which I laid out in great detail in May of this year," Biden said in his opening remarks, taking credit for the recent announcement that a cease fire deal had been reached in Israel. 

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"This plan was developed and negotiated by my team, and will be largely implemented by the incoming administration. That's why I told my team to keep the incoming administration fully informed, because that's how it should be, working together as Americans," he continued. 

Biden's speech also focused on the American dream and the "most powerful idea" that "all of us are created equal."

"The very idea of America was so big we felt the entire world needed to see. The Statue of Liberty, a gift from France after our civil war. Like the very idea of America. It was built not by one person, but by many people, from every background and from around the world. Like America, the Statue of Liberty is not standing still. Her foot literally steps forward atop a broken chain of human bondage. She's on the march and she literally moves," he said. 

"A nation of pioneers and explorers, of dreamers and doers, of ancestors native to this land, of ancestors who came by force. A nation of immigrants came to build a better life, a nation holding a torch. The most powerful idea ever in the history of the world that all of us, all of us are created equal. All of us deserve to be treated with dignity, justice and fairness. That democracy must defend and be defined and be imposed, moved in every way possible. Our rights, our freedoms, our dreams," he said. 

• Biden delivered his farewell address to the nation on Wednesday, days before he leaves office.
• Biden warned of an oligarchy taking shape in the US and a "tech industrial complex."
• He also said AI posed opportunities and risks and that the US must lead the way over China.

President Joe Biden delivered stark warnings for the American people during his farewell address to the nation Wednesday night, capping a 50-year career in politics less than a week before his one-term presidency comes to an end.

Biden highlighted some accomplishments of his term, including the passage of major climate legislation and a gun-safety law. But he also said he wanted to warn the country about "the dangerous concentration of power in the hands of a very few ultra-wealthy people and the dangerous consequences if their abuse of power is left unchecked."

"Today, an oligarchy is taking shape in America of extreme wealth, power, and influence that literally threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead," he said, adding that the wealthy needed to "pay their fair share of taxes" and play by the same rules as everyone else.

Biden also said he was concerned about "the potential rise of a tech industrial complex" that could pose real dangers for the US, citing a "concentration of technology, power, and wealth."

"Americans are being buried under an avalanche of misinformation and disinformation, enabling the abuse of power. The free press is crumbling, editors are disappearing. Social media is giving up on fact checking," Biden said, seemingly a reference to Meta moving away from third-party fact checkers. "The truth is smothered by lies told for power and for profit."

Biden said artificial intelligence posed both opportunities and risks for American society, security, and the economy.

"But unless safeguards are in place, AI could spawn new threats to our rights, our way of life, to our privacy, how we work and how we protect our nation. We must make sure AI is safe and trustworthy and good for all humankind," he said, adding, "And as the land of liberty, America, not China, must lead the world of the development of AI."

Biden's remarks on AI came a day after he signed an executive order to speed up AI infrastructure projects in the US. On Monday he also announced new chip rules aimed at advancing AI development in US-allied countries in an effort to counter China.

At the start of the address, Biden briefly addressed the Gaza cease-fire agreement that the White House had announced earlier on Wednesday after more than a year of conflict in the area.

Biden said the plan was developed and negotiated by his team and would largely be implemented by President-elect Donald Trump's incoming administration. "That's why I told my team to keep the incoming administration fully informed, because that's how it should be — working together as Americans," he said.

A senior administration official said in a call Wednesday evening the Biden administration worked for several months on the terms of the negotiation with officials from Egypt and Qatar, but in its final days, members of Trump's administration joined the discussions to help finalize the agreement. The official also said the transition from one president to the next helped to create a deadline for the negotiations.

In his message on Wednesday, Biden also emphasized his belief in and the importance of safeguarding American institutions and democracy.

Trump is set to be sworn into office on January 20, kicking off his second term in the White House.

Biden's presidency is ending after he dropped out of the presidential race last year to serve a second term amid concerns about his age and mental acuity.