stuart: when we posed this question before the break, kevin insisted that he knew the answer and always gets it right. therefore he gets it first. what is the side of a hammer's head called? wedge, cheek? >> the answer is cheek. if i am wrong, i am litigating. lauren: i was originally going with par, not to disagree with you but that was my gut reaction. >> >> most have 8 different parts. cheek, the size of the head.

coast-to-coast starts now. neil: stocks are selling, neither has anything to do with the other. that is what we do. and jurors, deliberating, and two are lawyers. they are awaiting the fate of a former president. it is on. >> it is on. the jury has the case, just under half an hour, two of the jurors came out, the jury given a laptop so they can look at the evidence in the case. it is being at the end of one phase and beginning of the most

historic of the other and after the judge gave the jury the jury instructions, the defendant, donald trump, said the jury in this case. >> i would say the charges from the judge are conflicted and corrupt because of the confliction. mother teresa but not beat these charges. >> reporter: he was all smiles in the courtroom as judge cpac 11 spelled out pretty for charges that trump faces. he explained the legal guidelines that must apply to reach a verdict. the burden of proof is on the people meaning prosecutors. and pit they should set aside bias against trump and focus

only on the evidence. you are responsible for deciding whether the defendant is guilty or not guilty. explained reasonable doubt by saying get its actual dower imaginary doubt, doubt that any reasonable person acting in a manner of support would likely entertain. when it comes to the witness, michael cohen, the judge said under the law the jury can disregard everything michael cohen told them if they find he testified falsely. he did participate in the crime. if you find him to be believable, dependent on that testimony, it was corroborated by other evidence. the jury going through 34 counts adding on to other potential counts in this case,

those other counts, whether or not he violated election law, new york state's 175 election law that says it is illegal to prevent someone running in public office or potential tax fraud. when it comes to juries they haven't been able to talk to each other until now so they go to the room and let out a deep sigh of relief and look at each other and go what do we do now and figure out the for amanda get down to the serious business of the charges. we will see what they're thinking is like when they start sending a note to judge requesting testimony and that sort of information. we get some breadcrumbs, where the jury is going. to get any requests for today

at 4:30 p.m. . neil: donald trump has to wait it out. every one waits until jury deliberations are done. i am wondering, the former president's home isn't that far from new york city but why this stipulation? >> reporter: that is a typical legal aspect of most trials. in this case he has to stay in this courthouse. other trials covered the defendants to be nearby and they get a note that there is a verdict and everyone gets called because of the essence of him being former president and to keep him here. so he will, like thus, as the jury clock is ticking. neil: thank you for that.

and adjunct professor at the university. it is an under over thing, apologize for being so simplistic, how long does this jury deliberate? >> i think the jury deliberates 7 days and i think they come back and tell the judge they are unable to reach a unanimous verdict and after the judge instructs them and says there is no better jury out there that can do it so let's get it done. they still come back and say your honor, we cannot agree unanimously and at that point the judge will declare a mistrial because of a hunger jury. neil: that's the option of the jury can't agree on a conviction or acquittal, the judge would have to at that

point say it is a mistrial. >> first the judge gives what we all heard the community, for the laypeople something called an allen charge based upon an old united states supreme court case which gives the judge the opportunity to bring the jury out and say i know you're at an impasse, not asking you to do violence to your individual consciences, but i have no reason to think there's any jury that could do it better than you, we have been here doing this, come on, go back there, talk, listen to each other, keep an open mind, try to come to a unanimous verdict. at that point the judge declares a mistrial and there will be a do over and the $64 question will be does the do over take place before this judge and does it take place before the election.

neil: i am looking at the number of counts, 34 counts, the idea that he can dodge conviction on all 34, statistically possible but i am wondering how you look at that, getting off at least with a full jury saying otherwise. >> a new word i think the former president came up with which is confliction. i am conflicted here. what was lost on me is no one has ever spoken about a solomon like verdict where the jury, we often see other trials. a number of counts, i want to throw the defendant a bone but i think he is guilty.

there were six counts, we find him guilty of two. we find them guilty of three. split the baby. a more difficult thing, this really is one deal, one transaction, 34 counts but rises out of one thing. whether or not the former president new false entries were being made in his books and records and they are all the same false entries which are payments to michael cohen, so not like one payment was for michael cohen, was a hush money payment and here is a payment to best buy, was that for a tv in the office or a tv at home where you can mix and match. you find him guilty on all 34 because all 34 related to michael hoehn, on tax fraud or election law fraud, i don't know you can parse them out but

nothing preventing the jury from doing that and saying let's find them guilty on some -- neil: say they convicted them on something, it is up to judge "america's weather weekend" -- after 11, can't imagine throwing him in jail if it came to that, that seems a little unusual. how do you see that playing out if there is a conviction? >> if there is a conviction, let me talk about one of the differences between state practice and federal practice. in federal practice, 34 counts, you could run the table and be acquitted on 33 and convicted of one. under federal law, the judge can still consider those accounts if in fact the judge finds a preponderance of evidence to show that you did

it. it is a horrible law and a horrible way of doing things. if the former president runs the table and 33 of 34, he only gets incentives based on that one count. this is a white-collar first-time offender, a victimless crime unless you say the entire country was victimized by the election being stolen from hillary clinton. he is not going to jail. he's not a candidate for probation. if he were to be convicted he will be given an unsupervised probation called a conditional discharge and he would be find. neil: we are a long way from that. the timeframe is seven days of meetings. thank you very much. charlie gasparino is here. a conviction. how much does that change if it comes to that? for donors and everyone else

around team trump? charles: they are looking way beyond this. what i am hearing and getting from people, donald trump has always had a kitchen cabinet of people, you know who they are, i know who they are, one of the reasons i was able to break that he was going to pardon bernie character. he asked them what do you think if i do this. i didn't get the call. he does ask for people, what to do. he is literally planning his administration. he things he has a good shot of running. neil: probation, what comes with that? charles: to show up once a week to a probation office. can you imagine that conversation?

adam: you can see how this becomes -- charles: so he has to go, i feel sorry for the probation officer. when donald trump is in a bad mood he's not fun to be around. neil: he held up in the polls more with a conviction? charles: no one cares about this. it is a new york issue, a new york jerry. the country is now more focused on all these issues we've seen play out every day, the border, inflation. neil: any charges that came to that. charles: steve schwartzman is likely to endorse trump coming back into the fold after being outside of it. he is back in and they will all come back in because they see what the biden administration is doing from an economic

regulatory standpoint but the business community in terms of voters most voters look at this and say hush money to a porn star, put a guy in jail for that. paying hush money to a porn star. let's say -- neil: i want to be clear, help me get it clear, the people you talk to, one way or the other. neil: conviction will change that, they used to say that about an indictment. charles: fani willis, not exactly an example of -- ellen bragg let's murderers free on the streets of manhattan, tish james, one of the most

conflicted people in law enforcement, andrew cuomo overstuff he never got convicted on, no proof on that, sexual harassment because you wanted him to run for governor at the time. >> that here like fans or bywillis having sex with the prosecutor going on vacation together. tish james finding him over a non-crime the bank didn't care about. neil: have doubts about the and writers. charles: there are new yorkers on the stand, when you walk out of that because of alvin bragg. charles: thank you. neil: we wait with more news,

won and done for some explanation about the settlement going on but it is localized with traditional averages. a lot less in the nasdaq which hit a record yesterday off of its lows today so what to make of that, great column in the washington post, really looking forward to explaining the math behind markets. she has a good argument saying maybe not quite yet after this. ♪

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unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. hi, i'm janice, and i lost 172 pounds on golo. when i was a teenager i had some severe trauma in my life and i turned to food for comfort.

i had a doctor tell me that if i didn't change my life, i wasn't gonna live much longer. once i saw golo was working, i felt this rush, i just had to keep going. a lot of people think no pain no gain, but with golo it is so easy. my life is so much different now that i've lost all this weight. when i look in the mirror i don't even recognize myself. neil: are stock selling off because they are too bubbly especially the technology rumble? washington post editorial writer, the author of the so-called k shake recovery but wasn't expressed in terms that can be understood through covid as we were getting back to reality but very nice to have you.

let me ask about what you were writing last week focusing get on what you had seen. and markets are confident we will achieve the soft landing but you delve into it more, a lot of people fear this was geared toward just technology. you argue technology is a powerful factor. >> i don't think it's a stock bubble similar to the dot.com bubble. the magnificent seven, nvidia, the caitlin clark and lebron james of the stock market, gives on a whole different level. caitlin clark, lebron james alone, do not win championships or games sometimes. what encourages me as we are seeing more of that in the

stock market. last year, 60% of stock market returns were driven by the magnificent seven, tech stocks and nvidia. it's high this year, 47% of returns but keeps coming down. you see a big surge in materials and industrial stock and even consumer stocks, looking at today's market, chewy, pet retail company, is one of the big gainers today. we see strong earnings for many companies. neil: one of the things i pointed out, the big performance, caterpillar and goldman sachs, let me step back and get your thoughts on just how this market has been going, technology it stock, still a

significant one, i wonder if a lot of people are plowing into this realizing i've got to have anything and go into that. it's very difficult, these companies have strong earnings. what do you make of that? >> there's a lot of question how much higher can it go and how much more do you want to pay for a pricey group of stocks particularly with nvidia. nvidia is so different it feels like apple. back in 2007 when they unveiled the iphone for the first tips, they are a market leader, to run an ai artificial intelligence. neil: i don't mean to jump on you. any slowdown, a cfo will tell

the boss got to cool these chip purchases, things are slowing down. it is so psychological, what do you think of that? >> we could have a bumpy row. and particularly if the inflation data. it's a bump going forward, a straight up projector he. when you see more stocks from other sectors picking up, seeing those turns, a huge part of the market, very different story. lauren: 1 out that he touched

on. i'm curious to pick your brain on this and the trial for donald trump, and black swan develop and out of nowhere. how much of a game chamber would a conviction be? are markets merely going on as they have throughout this. that they will ignore it. >> most of the market is mostly ignoring this trial and expect that to continue, you see a bit of a rumble for a day or two. it doesn't seem to be much impact of this trial on voters and how they are perceiving the election, if you perceive a candidate.

neil: a great thinker. an editorial writer and columnist. explaining these complex things. explaining the boom coming out of that. a lot more coming up including back to the courthouse. what is at stake as the jury deliberates, maybe an hour or so. some people tell around the here. it seems too quick but you never know. car, this isn't the way home. that's right james, it isn't. car, where are we going? we're here. (♪) surprise!!! the future isn't scary. not investing in it is. car, were you in on this? nothing gets by you james. nasdaq-100 innovators. one etf.

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neil: let's take a look outside the courthouse in lower manhattan where the jury is deliberating, i find it fascinating that two are lawyers. the bottom line, they are weighing 34 counts against donald trump, sticking to a conviction, and an equivalent, too soon to know. >> reporter: jury instructions lasted an hour, jurors will not

take a copy of jury instructions with them into their deliberations. we have a copy. it's more than 50 pages long. imagine sifting through 50 pages of instructions read to you. your discharge to deliberations and don't have a copy with you, if you have questions you can that. really complicated stuff here. as you mentioned, the jurors get to decide this case, seven men, five women, two lawyers. what does the prosecution have to prove? they have to prove the defendant, donald trump, personally or in concert with others made or caused false business entries in their records, did so with intend to defraud, to aid and conceal the commission of another crime. these are felony counts. i want to pull this apart a little bit because this is what we learned.

that intend to defraud. we can imagine what falsification of business records could be. this intend to defraud element is quite broad. the judge said the intent to defraud can be demonstrated by intend to defraud anyone. prosecutors don't need to prove any person or entity was defrauded. the evidence someone was defrauded need not be economic in nature, think of conspiracy to influence the election. prosecutors argued this intent to defraud was established by withholding information from the voting public, pretty broad the judge is allowing this information. the underlying crime is important that jurors will continue. this bumps these misdemeanors into felonies. first we have the federal election commission violations where prosecutors are alleging $130,000 payment to stormy daniels is a campaign

contribution, the state election law violation which they say trump unlawfully influenced the election through conspiracy of sort and the third is a tax credit. haven't heard a lot about this. there wasn't a lot of evidence or testimony on it. it is coming back in closing arguments and jury instructions. what prosecutors are saying, the prosecutors need not show that the government was underpaid any tax dollars. don't have to show anyone didn't pay their taxes. all they have to show is that income was misreported. in this case if they can convince a juror the payments to stormy daniels should have been recorded and reported as reimbursements rather than income as michael cohen did, then perhaps they could find a tax crime has been committed. i say that to illustrate we

spent so much time talking about influence on the election and conspiracy and stormy daniels and it is possible jurors could decide this case on whether business records are falsified with intent to defraud and conceal a tax crime meaning income was not reported as reimbursement. the jurors have been deliberating for an hour. hard to say how long this is going to take but notable that donald trump and both sides of this case have to stay here at court through the entire duration. we will get through this process. neil: ronald chapman, help me with lydia mentioned this expansive view of a charge, does seem to be changing some of the ground rules after the fact. i'm not a lawyer. your thoughts.

>> this is the snake eating its own tail. the allegation is donald trump caused a false business record for the purpose if you go with the third crime of tax violation, that becomes strange. michael cohen reported this was listed as income to him because it was reimbursement and he paid it. there was no connection during the trial. if there was any tax violation, one of the concerns was the judge is allowing is that to be argued. confusing for the jury and difficult. these instructions has good appealable issues in them but the jury is going to get hung up on a false entry. wasn't much evidence that occurred. neil: does it make a difference when you're considering 34

individual counts, does that lengthen the time jurors are deliberating after combining some issues? how does that work? >> the jury will work down the list, independent criminal activity to look at. they have 34 different counts in a robbery case that will require individual consideration but here, what we have is the same course of conduct in 34 instances, these are separate payments to be made. i don't believe the jury will need to go down the sheet. they will determine whether these entries were false, whether the conduct was improper and whether there was violation of, quote, some other offense was that will make deliberations a little shorter. a lot of people predict this will be over by the end of the week, most attorneys i talked to, i think that's probably

correct and if you guess friday after lunch as an attorney, you will be correct in any trial, that seems to be how it works out. neil: spd decision by friday. is that good or bad? >> spd decision is good for donald trump. if they decide to convict donald trump, what they have to do is look at could ability of cohen and agree on that, credibly of other witnesses and have agreement and there will be a lot of discussion if they are moving towards conviction. if they find michael cohen is not credible there's a jury instruction that said if you find any of the witnesses lack credibility and specifically lied, you can disregard their entire testimony. if that happens, could be back very quick. neil: never thought of that. the whole witness testimony of michael cohen, just dismissed. thank you very much.

ronald chapman on all that. we haven't forgotten this war that's raging in the middle east including this attack in rafah the took out a couple dozen civilians but the oil markets and world markets have not materialized, nor has it dampened conocophillips scooping in the $17 billion deal. or is it?

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so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. neil: you would think the ongoing war in the middle east doesn't seem to stop and these attacks by israeli strikes taking close to 3 dozen average folk in the rafah area this would not be a hospital environment to entertain merging with one another, that's exactly what conocophillips announced with $17.1 billion deal and all of this the backdrop of the war raging war and what is possible for tankers to get around that neighborhood. they are optimistic not dissuaded by these tragedies. trey yingst on that tragedy and

where things stand right now in tel aviv. >> reporter: a big update, the united states is temporarily suspending aid to gaza after than american floating was damaged by harsh weather condition. this project will ultimately be repaired and is expected to be out of commission for just over a week. the incident started when the floating portions of the peer will be moved when one broke away and floated ashore. it continued with the fixed portion of the gaza he. the press secretary spoke about the situation yesterday. >> if you want to characterize it as a failure i leave it to you. what i can tell you is we don't control the weather. there was a unique pattern of events with high seas and another storm that caused the j

lots to become inoperable during that time. you better believe us central command force are doing everything in their power to make sure this is operational as soon as possible. >> focus on getting aid into gaza comes as we learn more about the incident in rafah that left dozens of palestinian civilians dead. the israeli military says they use two small bombs to target senior hamas officials and a precision strike. an investigation is underway to determine what happened, but the monetary says rockets or weapons could have been stored in this area but may have caused a secondary explosion. is relapse national security advisor said the war inside gaza could last another seven months. neil: be safe. you and your crew. thank you for that. victoria coates from the heritage foundation and former deputy national security

advisor, she knows of what she speaks. you don't talk about business of the markets, nor should you but i look at how those markets respond to the most tragic developments and they move on and see a end game. do you? >> good to be with you. i put in a year in the department of energy but i'm interested in these issues as well. one of my shady credentials. in this case, the resilience of the energy market, increasing realism that we are not seeing that. we are not about to end reliance on fossil fuels anytime soon, as the united states we should lead on doing this as cleanly and efficiently as possible but every american should be reliably supplied with reasonably priced energy

going forward and the demands from ai, going to be increasing that reliance. you see the consolidation we are seeing because investors think this is a good bet going forward. neil: what we do know is there is a sense that we are seeing supply demand equation work out kind of okay. we have an open meeting on june 2nd, all the key players, something to prove whether this can last. it is steady as she goes. when i think of this war that goes on and on, the attack on israel and so much that has happened, the death of the uranian president, it is a testament to cooler heads to see beyond this but to you?

>> i agree with that. it shows diversification of our sources and if we are fulfilling our role is one of the great producers with russia and saudi arabia and we can offset any regional disruption from the uranian's or other bad actors. that enormous strength for the united states. we need to be very cognizant of that and strategic about it to make sure we are not quan during that. that's why it is frustrating to see president biden say he will try to mitigate gas prices by another release this time from the gas reserve on the east coast. that's using these reserves as a piggy bank to adjust prices. that is not what we are supposed to do. the meeting coming up next week and that is virtual. they will be steady as she

goes. neil: i want your thoughts on the admin a station not too keen on the civilians killed in rafah. not taking on israel too abruptly. what do you make of that? >> the only people who are key on suffering palestinians in gaza is hamas, hamas could have stopped it today by laying down their arms and suing for peace, they lost every major engagement, they are losing this war. it is very likely the deaths that were caused were caused by the weapons hamas embedded with their civilian population. israel absolutely doesn't want these headlines, they gain nothing from this. neil: good seeing you again.

some news out of american airlines that has some people concerned the consumer is slowing down. after this. ♪ ♪

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neil: it's not so much the earnings but the guidance, getting some severe turbulence, 15%, guidance wasn't upbeat to see things closing down, follows a pattern, companies saying things are slowing whether talking about starbucks or in the same camp where things might show consumer retrenchment. genius with money.

when you look at these companies saying get not every one of them but we have a consumer pull back. what does that tell you as an investor? >> one thing i've learned is never to bet against the us consumer when they have a job. within a plummet under 4%, a lot more about american airlines management than the us consumer. they've run this like a dog chasing their own tail rather than looking through the windshield at the business traveler coming back, they are looking in the rearview mirror, the companies that managed their business like delta, down 14%, if teen%, delta is down one%. that tells you what you need to know. neil: so thomas, let me get your take on this.

other companies are finding ways, walgreens is cutting prices 1500 items, we've seen walmart and amazon doing variations of the same thing, trying to respond to this. what do you make of it? >> applebee's lowering the price menu. this is disinflationary. we have seen the pendulum swing from seven cuts at the beginning of the year to one cut now. it is somewhere in between. the volatility in recent days where everything is, we see inflation numbers at the end of this week, wanted to cuts is realistic this year. we started to see, and small caps, the short rate below 5%, dividend payers are neglected

and a huge opportunity for the back half of the year. neil: the first cut might be greeted by a selloff. anticipation, will the actual event go down? >> it's possible but there's a lot of debt that needs to be refinanced especially among small-cap companies. when companies hit the window and refinance, portfolio managers see the company balance sheets are better off for it and we get a resurgence. neil: good seeing you, interesting way to step up. the dow down 349, major averages struggling but this is been a strong month or year for all these guys so taylor riggs and "the big money show" guys right now.