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And by the PSEG foundation.

Briana: Tonight on "NJ Spotlight news," cancer warning.

The new year brings new calls from the U.S. surgeon general urging that all alcohol labels come with cancer risk warnings.

Plus, congestion price countdown.

With two days to go before you will be hit with the Midtown toll, New Jersey log makers make a last-ditch effort to block the fee.

Also, changing of the guard.

The 119th Congress will have several new faces representing the Garden State.

>> Anyone who wants to be a member of Congress or even in any office has to understand and have to go in with their eyes open and understanding that there are things that you just have to do.

Briana: And a red fox rescue -- one man's mission to trap and treat injured foxes in the state.

>> It is rewarding when we bring them back from the rehabber and they look amazing and they are healthy and they get to go back to hopefully their family and other fox friends.

Briana: "NJ Spotlight News" begins right now.

>> >From Nj yesterday is, this s "NJ Spotlight News" with Briana Vannozzi.

Briana: Thanks for joining us this Friday night.

I am Briana Vannozzi.

We begin with today's top headlines.

First, a new warning from the Surgeon General about the link between alcohol and cancer risks.

The nation's top doctor issued an advisory knowing for an updated health warning label on Naugahyde beverages similar to what you find on cigarettes.

Dr. Vivek Murthy warned that alcohol is the third leading preventable cause of cancer in the United States behind only tobacco and obesity come contributing to 100,000 cancer cases and some 20,000 related deaths each year.

More and more evidence is mounting against alcohol consumption because of its health risks, despite the decades-long perception that drinking in moderation, especially red wine, can benefit help.

Drinking is linked to greater risk for several types of cancer including rest, mouth -- breast, mouth, and throat cancer.

An updated warning label would need to be approved by Congress.

Preventing a bird flu outbreak.

The Biden administration is setting aside more than $300 million to help with bird flu monitoring and other safety measures.

H5N1, or avian flu, is a highly contagious and legal -- lethal virus for chickens spread through candles across the country.

The CDC says current risk to humans remains low and the virus has not yet shown it can spread efficiently among people, but if human-to-human transmission begins, health experts fear could cause a pandemic far more deadly than COVID-19.

The first severe human case of a bird flu was reported in the Louisiana resident in December.

That person was hospitalized in critical condition after being exposed to's sick, dead birds in a backyard flock.

The Biden administration has spent more than a billion dollars to combat the disease.

This new funding will go towards hospital preparedness, early-stage research and therapeutics, and vaccines.

And another person with ties to New Jersey has been identified as a victim in the Bourbon Street attack on New Year's Day.

The 25-year-old was a 2017 home Delhi school graduate, where he played lacrosse.

He then graduated from Chestnut Hill College in Philadelphia and 2022 and went on to work in New York City as an account executive for Odyssey, where his colleagues remembered him for his "unwavering work ethic, positive attitude, and kindness."

His former college roommate and lacrosse team mate remembered him as a leader on and off the field.

According to reports, the last time his friend group heard from him was the day before the attack when he let them know he was in New Orleans to celebrate the new year.

The FBI has confirmed a 42-year-old Army veteran carried out the attack alone, plowing his pickup truck through a crowd of pedestrians in an apparent act of terrorism.

De Mayo's family has asked for privacy estate try to come to grips with their loss and plan's funeral.

A federal judge heard an 11th-hour plea from lawyers representing New Jersey as they try to halt congestion pricing from going into effect this Sunday, requesting a temporary restraining block the new 12 that will charge most drivers-- new toll that will charge most drivers nine dollars that they try to enter Manhattan south of 60 Street, arguing more air pollution if the plan takes effect.

The MTA and other advocates have long argued the congestion tax is needed to reduce traffic and pollution while raising much-needed bucks for mass transit.

But what did the judge have to say?

Brenda Flanagan is outside the courthouse in Newark.

Bren, what can you tell us?

Brenda: the attorneys from New Jersey went into court seeking clarity, and as you pointed out, they are looking for the Temporary Restraining Order.

They are trying to block congestion pricing.

They are getting clarity from the judge, but we haven't yet heard about what he is going to do regarding the congestion pricing request.

Judge Leo Gordon has been hearing about an hour and a half of impassioned testimony on both sides.

New York wants to proceed the MTA is ready to launch congestion pricing midnight on Sunday and is going to charge nine dollars a car during weekdays, 5:00 to 9:00, 5:00 to 9:00 on the weekends.

The judge is considering New Jersey's argument that this toll will cause irreparable, immediate harm to residents, Bri.

Briana: Bren, how did they lay out these arguments?

The attorney for New Jersey, what did he say and how is that countered?

Brenda: Yeah, New Jersey attorney Randy Mastro was quite theatric, and he argued that the traffic trying to avoid the toll are essentially going to detour around the congestion area, the zone area, and drive-thru New Jersey towns, causing irreparable harm.

He is pointing out to the judge that in the judge's Monday ruling, the judge did remand but at congestion pricing agreement back to the federal highway authority, saying there wasn't enough specifics or support for New Jersey.

The judge even called it disparate treatment -- for example, the Bronx getting $155 million compared to four Jersey towns having to split less than $10 million.

Mastro argued that a remand meant that a court must vacate the congestion pricing agreement, he says "the minute they flip that switch," meeting the MTA, "residents will suffer pollution.

You must stop it because you cannot put the genie back in the bottle."

Opposing attorneys argued -- Briana: Yeah -- Brenda: Mastro was wrong on the law and the MTA argued that the medication when he wouldn't be paid right away anyway and that the pollution situation wasn't as great as the plaintiff is suggesting.

Briana: And that money was divided given the impact on the Bronx, which they said would be a greater environmental impact than here in New Jersey.

There was a rally before this hearing today.

What did those folks have to say who were protesting?

Brenda: The rally today was a lot of the environmental advocates and transit advocates saying that this plan is going to enhance transit, it is going to reduce pollution, that this is a win-win for everybody, and that it is something that New Jersey should embrace, not contest.

Briana: Brenda Flanagan in Newark.

Bren, thanks so much.

After a dramatic vote, Republican Congressman Mike Johnson won the vote today to keep his role as House speaker.

Johnson clinched the post after two GOP lawmakers who initially voted against him flip at the last minute.

Now he faces a big challenge in Congress the narrowest house majority in nearly a century.

Getting the speakership sorted is the first order of business, even before newly elected members can be sworn in.

New Jersey has three fresh faces in Congress.

One, LaMonica McIver, has been serving out the remainder of the late Donald Payne, Jr.'s term, while the other two are heading for the first day of class, so to speak.

David Cruz reports.

David: On the day before their big day, members-elect Nellie Pou and Herb Conaway were like freshmen at the beginning of this Mr., leaving home behind for much of the week for the next two years, at least, and moving into the dorms.

Rep. Pou: I am now in Washington this very moment so I was moving into my new apartment that I needed to have, obviously.

Just trying to get settled and getting everything in place for tomorrow.

Rep. Conaway: We packed up the car and drove down this afternoon to move in some suits and shoes and various sundry items to allow me to work and live here for the next couple years.

David: Pou and Conaway said goodbye to their respective houses in the state legislature a couple of weeks ago.

That was a place of mostly collegiality and Democratic party control.

As first-year members of the minority party in the house, Conaway and Pou won't have much to say on anything.

But a very slim GOP House majority means their votes will at times be critical.

>> They are going to be left in a position of their loyal opposition, where they are pointing out where the majority party is making its mistakes.

But the margins are really, really close, so every vote matters.

You've got vacancies right now.

People in the house Republican caucus going off to be in a Trump's cabinet.

There are vacancies that have to be filled, and this makes the merchant really small.

-- the margin really small.

David: And then suddenly it is the midterm elections and you realize how much time you have spent over your first term simply raising money to run again.

Rep. Pou: We have to be ready for that.

Anyone wants to be a member of Congress or even in any office have to understand and they have to go in with their eyes open and understanding that there are things that you just have to do.

No one likes to have to be calling someone to fundraising.

Certainly that is not the best part of this job.

But it is a necessary part of this job.

David: Both of these lawmakers have decades of experience in the legislative process.

They may be new to the House, but they ain't rookies.

The chamber may be larger, but on every level, the speaker is always the speaker and the caucus is always the caucus.

Rep. Conaway: For me, that's all that.-- that's old hat.

It is the Washington experience, the enormity of this role, the importance of it on the national landscape not only nationally, but internationally as well, that really brings it home for somebody like me who has been in public life for a very long time.

David: Meanwhile, the seats being vacated will need to be filled.

Where Pou's solicitors open, two being screened by county committees.

Sumter is seen as the favorite to get the appointment for the remainder of the term, and the party backing for a full term.

>> That is not what is going happen in Burlington.

In Burlington they seem ready to say we are going to appoint somebody who is not running for the full term, somebody who is not going to be the candidate, and that person is going to be the caretaker.

They are going to serve for the remainder of this term, but they are going to not run and we are going to let the voters decide which of the candidates we got.

Several candidates running.

Let the voters decide who the new candidate will be for the new term.

David: If all that sounds a little confusing to you, you are probably not in the minority.

When the earth moves under your feet, as it has in New Jersey for the past two years, it can be a little disorienting.

But that's all the more reason to pay close attention.

I'm David Cruz, "NJ Spotlight News."

Briana: Well, instead of being sworn in today, disgraced Senator Bob Menendez and his defense team are still trying to fight his corruption conviction.

Menendez's lawyers are asking a judge to be lenient at his sentencing later this month, saying the ordeal made him a national punchline, despite what they called a lifetime of good deeds, asking the judge should take into consideration Menendez's years of public service and now personal hardships, referring to the professional and financial troubles he has run into since being convicted on 16 counts of federal bribery and corruption charges.

The request comes as his defense team mounts a case for a retrial, pointing to mistakes prosecutors made with evidence given to the jury as grounds for his verdict to be u pended.

For more on that and how likely it is, I'm joined by a former federal prosecutor.

Hey, Chris, good to see you, good to talk to you.

I'm wondering what factors might Judge Stein be considering in deciding whether the errors with the evidence presented to the jury would be enough to warrant either dismissing these charges entirely or considering a retrial.

Chris: So the judge is probably -- there is a constitutional right to a fair jury trial, and there is presumption of prejudice when evidence like this that was rendered inadmissible gets before a jury.

But that is not just the only finding that has to be demonstrated to justify a new trial.

You -- there has to be some kind of evidence to believe that the jury actually considered that evidence for there to be prejudice enough to overturn a verdict and not have a new trial imposed.

That is what the judge is assessing, and that is what the arguments by the government is, there was 3000 bits of information on this laptop, there is no reason to believe they even looked at this.

And even if they did, it is harmless error, and the government is rightfully pointing out this onus didn't just lie with us.

The defense had a couple days to review what was going to be sent back to the jury during deliberations, and they missed it.

So they are effectively arguing it was waived.

Briana: I mean -- Chris: I think -- sorry, go ahead.

Briana: No no no, continue your thought.

Chris: I think it will be a difficult ask to overturn it just because there is no reason to believe that they relied on portions of inadmissible evidence that were secreted in this vast array of evidence that was properly admitted.

But none of the arguments relate to suppressed evidence.

So it is going to come down to that, and I also think that if the judge denies a new trial, the defense gets a second bite at the apple at the appellate level.

Briana: Yeah, and you answered my first question, but to your point on the appellate level, how likely is that?

We have also seen in the past some high-profile political corruption trials get taken up by the Supreme Court.

Is there a likelihood for that, that Menendez's team could go that route, and how likely is the court to take up the case?

Chris: Well, the Supreme Court, it is very difficult to assess that because they take such a small, minuscule amount of cases on cert.

But this has one of those public-interest angles because it involves a prominent former Senator and is a public corruption case.

On appeal, this would be one of many topics on appeal, that they allege trial error and they made a record during the trial to do so.

If it did get remanded for new trial, I would have to -- if I were the U.S. attorneys, I would retry it, but I think often what happens in practice is defense was so successful enough to justify a new trial, there is a decent possibility that there might be some kind of global resolution that arises as a result, or maybe he pleads guilty to some lesser amount with less punitive exposure, less jail, and maybe -- it's possible they might roll in a resolution of the Nadine Menendez case as well.

I'm just speculating.

It gives the defense a card to play of sorts on appeal.

Briana: For sure, and other hurdles, too.

Let me ask you quickly before we move on to Nadine, what about leadership changes at the U.S. attorney's office?

Will that play a role in any of these deciding factors?

Chris: I personally don't think so.

Every U.S. attorney when he or she comes in, I guess it is a possibility that they have different priorities and focuses, but such a high-profile prosecution like this that resulted in a conviction, but for a potential error in what was sent back to the jury, it would be hard to walk away from not retrying that.

It would be a different story in the last instance with Senator Menendez if it was a hung jury.

It is a little bit easier for a new appointed U.S. attorney to walk away and say, you know, we are not going to use resources on this.

But this was a very, very serious case, and the evidence I still think was overwhelming.

I think there is still a lot of prosecutorial interest to police public corruption cases.

Briana: Significant enough.

Let me ask you about Nadine Menendez, her trial will start in February.

What do you expect from that?

Chris: It is a redux of a lot of what was presented during the last trial.

It may be a little bit more streamlined and obviously focused on instances where Nadine was involved in the communications, the texts or otherwise.

For the defense, they have a playbook they can look at and see how the government might very well present the case against Nadine Menendez.

There is a little bit of an advantage there by not going first.

They have access to transcripts and witnesses' sworn testimony that they can use to impeach or cross-examine on.

So it is a little easier in that regard.

I think the big challenge here is if Senator Menendez loses this motion for a new trial, you -- he is going to proceed to sentencing, and then if he is sentenced, there is going to be an appeal, and most likely they are going to ask for a stay of him being incarcerated pending the appeal.

That is going to be a big decision.

We will see what that comes down to, whether he will serve jail time while the appeal is pending or alternatively are they going to let him stay out while the appeal is pending and stay any sentence from Judge Stein.

Briana: That's an interesting point.

Great insight, Chris.

Thanks so much for your time.

Chris: Good to talk to you, Happy New Year.

Briana: in our "Spotlight on Business" report, a judge has denied a request by more than two dozen towns to delay the start of New Jersey's new affordable housing law.

The 26 towns led by Montvale and Bergen County argue that the law requiring each municipality to build a certain number of affordable housing units over the next 10 years puts too much of a burden on their communities.

But in his ruling, the Mercer County Superior Court Judge said delaying the law would be to the detriment of the state's low- and moderate-income households.

The group of towns and say they will appeal the judge's denial while they argue that the law signed by Governor Murphy is unconstitutional.

Meanwhile, New Jersey's Attorney General and housing advocates have brought a motion to dismiss the towns' lawsuit.

The court is set to hear oral arguments in that case on January 31, also the deadline for towns to accept or challenge the number of units the state says they have to build.

According to the state, there is a need for about 85,000 new affordable homes and another 65,000 needing to be rehabbed over the next decade to meet the demand.

Finally tonight, more proof that it only takes one person to make a difference.

South Jersey resident Luke Ogden turned his deep love for animals into a mission to save them, specifically red foxes that were dying of a torturous condition called mange, a disease that can spread to domestic dogs and people.

As Ted Goldberg reports, Ogden saw a need and created a nonprofit dedicated to rescuing the animals, giving them another chance at life.

>> She's got mange all over her body.

Ted: Ginger is not having a Happy New Year.

She is a red fox from Cherry Hill suffering from mange brought on from microscopic mites.

>> The foxes can't scratch them off.

They burrow into the skin, lay eggs, the eggs hatch, and they burrow through.

It is like us having poison ivy that never goes away.

They are continually scratching, continually ripping their fur off.

Ted: Which can be deadly for foxes regardless of the weather.

>> They need that to keep them warm and protect from getting sunburned, they need their fur to protect them from getting entangled with other creatures and even hunting their own food can injure them by not having that fur.

Their fur is like us walking around without clothing.

Ted: Luke Ogden traps red foxes suffering from mange and connect them with wildlife rehabilitators that can heal them.

>> Because nobody else does it.

There is such a large amount of time and energy that is required to do this that I think most people, even if they did attempt to do this, they would have quit by now.

I'm stubborn, I'm hardheaded, I'm determined.

Ted: Just as determined as these foxes.

>> Their intelligence level is just incredible.

I don't know if there is another animal out there that has the sheer willpower to want to survive.

Ted: Ogden is the founder of An Itch In Time, a nonprofit that helps out these like creatures.

Luke: These foxes know better, they know something is up, and it is only out sheer desperation that they go into these traps.

Ted: 16 traps across Burlington and Gloucester counties where mangy foxes are known to live.

Foxes like to hang out near man-made structures, so that is where traps go.

Once the foxes are captured, Ogden scoops them up in a truck that was usually used for plumbing.

Now it is his trapmobile.

Luke: These are latch mechanisms, so when t it comes down, the hooks lock the trap in place.

Ted: The trap itself is a long metal cage with a custom piece of cardboard inside.

Luke: Put it on this rod here, which then pulls on the hinge, and the door goes down.

Ted: the bait is a favorite fox feast, hot dogs slathered in barbecue sauce.

Do they prefer KC masterpiece -- [LAUGHTER] Luke: Doesn't matter, it's what's on sale.

Ted: The finishing touch is a splash of liquid smoke.

Apparently foxes like how it smells.

Luke: Locked in place.

Ted: An Itch in Time caught 63 foxes last year, and the vast majority made full recoveries .

Without intervention, Ogden says mange can lead to organ failure or hypothermia within four to months.

sixLuke: It is curable, and they do rebound very quickly if they get medicated.

The problem is if you have a fox that starts getting mange come June, by December when the cold is out there, the cold might kill off the spider mites, but but it will also kill the fox.

>> They are compassionate, they don't answer much, they don't hurt others.

Ted: Volunteers like Catherine make up the rest of the operation.

>> It is rewarding when we bring them back from the rehabber and they look amazing and they are healthy and they get to go back to hopefully their family and other fox friends.

Luke: Couldn't tell you how many thousands of hours I put into the rescue.

Ted: Ogden is also a volunteer, quitting a full-time job last May and now working for the foxes.

He does wasp and hornet removal during the warmer months, but the foxes get the rest of his year.

Luke: Nobody collects a paycheck.

Ideally I would love to have a corporate sponsor to be like, hey, this money is for you to pay yourself to keep doing what you are doing.

Ted: In the meantime, An Inch in Time runs off of donations and Ogden's bank account, while getting foxes like Ginger some R&R before they scamper off to a rehabilitation center for much needed treatment.

In Camden County, I'm Ted Goldberg, "NJ Spotlight News."

Briana: That is going to do it for us tonight, but a reminder to download the "NJ Spotlight News" podcast so you can listen to us anytime.

I'm Briana Vannozzi.

For the entire team at "NJ Spotlight News," have a great weekend.

We will see you back here on Monday.

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