edward lawrence is following this and emailed us, there's only one stomach compartment in tom brady. how many stomach compartments? i have no idea. >> i agree. stuart: i will go with two. it is rational. the answers four. goats have one true stomach where they digest their food, the other three compartments are used to breakdown a roughage that would otherwise be indigestible. they smell rather bad. i'm not being mean to goats. i'm being realistic. we are out of time. what do you think of our show this week? email us, coast-to-coast starts now.

neil: day 2 jury double rations, 1/3 note sent to the judge by jurors who have lots of questions, don't seem to be getting clear answers. what's clear is the selloff on wall street, everything to do with go rowing angst about the economy. i am neil cavuto. great to have you. more on that soundbite, the whole thing with eric shawn. >> reporter: the jury wants to find out exactly what did donald trump do. they sent out testimony of witnesses talking meetings with trump and what he allegedly told them. this is the testimony that's back at the jury at that

moment, and they are deliberating. early this morning the day started with the judge cpac 11 reading instructions that include how to consider if a witness lied or made inconsistent statements, seeking how to consider the testimony of michael cohen. earlier they just finished hearing what the national enquirer publisher and michael cohen said, trump told them to do when they started to hash out their plan. it was august of 2015 two months after trump launched his bid for the white house, they told the jury trump at the meeting they held in trump tower told them to work together on that secret plan to protect trump's campaign. may 13th cohen took the stand and testified to the jury it was trump who set it up, told the jury that trump said to him and packer at the meeting, quote, the two of you should

work together and anything negative that comes, you let michael know and he will handle it. becker testified three weeks earlier on april 22nd the number this is what he told the jury that it appears to corroborate what cohen said packer told the jury, quote, at that meeting donald trump and michael asked me what i can do and what my magazines could do to help the campaign. the jury also heard david packer's testimony about the phone call he said he had with trump when they discussed whether trump should purchase cara mcdougall app store, she claimed to have a 10 month long affair with trump. trump asked what he should do and packer said he told the former president he should purchase her story but he said at the time these things get out and people find out anyway. the jury is trying to 0 in on exactly what trump's actions were and were not, what he said, what involvement he had

in this alleged scheme, they started at the beginning, david packer was the first witness in this trial, they are methodically going through this bit by bit starting at square one, back in the deliberation room deliberating, they will have lunch in about an hour or so. i don't think we will have a quick verdict but i have been wrong before. neil: last time he got through my thick skull with legal developments, there's a lot going on. jeremy is former manhattan officer from the defense attorney, it is hard to glean information you are trying to get to read their minds but you have a couple guesses. >> we can all be wrong but what i am seeing on donald trump's

team, i'm anxious, i'm nervous, i don't think it is going my way. the prosecution wanted to make this about falsifying business records since michael cohen knew about all sorts of baggage. how do they fortify him? what was the biggest corroborate or? that would be the biggest piece of corroboration. what is the read back you they are asking for david packer. what packer does. neil: also cohen. >> that a small piece. most of it is packer. todd: the most of the read back is stuff that packer said. why is that interesting? >> it corroborate the story, all of michael cohen's testimony and poke holes, i don't -- that man that corroborates and tells the story on his own. he was kind of friendly.

and not going to buy the mcdougall. and you don't prove that conspiracy, but to impact that. if true, and to send that a room, packer. these are very valuable. neil: what time? >> 2015 it initially started off. if we follow this trajectory. neil: this is a big problem. >> there's the conversation about the catch and kill. neil: ages ago, that's not the problem. l help me understand the problem. >> the eyes and the ears for the election and the goal at

that point, the agenda at that point is to protect donald trump, kill stories that are bad, supermarkets in front, people read it and go -- neil: how do you connect that to his reticence ahead of the campaign when it could also be a businessman who doesn't want anything to affect his multibillion-dollar empire? >> to embarrass your wife and protect yourself in an election, interesting question, what was the question the jury asked the read back about? the analogy of circumstantial evidence, you walk outside and see it's running when people are wearing galoshes, you know it will, use your common sense so you can make that reasonable conclusion with evidence that was provided that the former president wrote every check or was there with every invoice which is problematic in the prosecution but you can use your common sense to reach that

conclusion. donald trump had multiple wives. he could have been wanting in the end, it's legitimate and possible. i wouldn't -- neil: she wasn't. >> they had a relationship. neil: but again, every thing has been beyond a shadow of a doubt. what does that mean? >> reasonable, born from the evidence and presented, it can't be because i don't like donald trump or alvin bragg. it's political or not political, you have to comport yourself to the 4 corners of of the courtroom, it's a difficult task. i don't envy those jurors. every person should have the same presumption of innocence donald trump or not but the magnitude of their decision can

have such ripple effects. neil: 5 hearing you correctly, if i am reading you correctly, this could look like a positive developing for the prosecution. >> i believe so. >> they are getting evidence or read backs on something they think proves there was, this was done to keep this out of the public's attention ahead of a presidential -- >> remember, that conspiracy to impact that election from state election law, that is where you learn if true at that initial meeting in 2015 at trump towers so that is important. otherwise it's a misdemeanor that doesn't exist here. they have to get that extra piece and that's what they are asking about, not bob costello's testimony. neil: is still early. they are starting to move beginning. they are going back to the beginning, first witness and

the second witness. the read anything into that, that they are going methodically from the very beginning or as a just happenstance? >> it could be. there. 20 could imply very long. >> i could be wrong. we are talking a week and 1/2 from now. neil: what causes a hung jury? >> only one. a good question could be, you could speculate and say the judge gave the read back about the corroboration the prosecution said command maybe 10 jurors are saying number 2, this is actually correct, follow procedure or 10 jurors saying i don't believe that, we have packer's testimony. neil: were the one juror, the henry fonda character from 12 angry men trying to get the other 11 to go along. that's the extent of my legal

knowledge but what do you see happening? >> the one piece that informs me is not only are they asking for evidence from the prosecution, the strongest witness but also asking for elements of the crime and business records. it tells me they are not just in that phase of only analyzing did or didn't happen but even if true, how does it apply to the law? you are not getting to the law if you don't believe the witnesses. neil: where does the felony kick in? >> has to be that conspiracy to impact the election. neil: the election gets to be crucial to impact the election. you are talking to it. but it always seems to come back to that. >> that's not an easy lift.

unequivocally, there's a much stronger case for misdemeanor that doesn't exist. you are correct, it's harder to get that but that is why going back for the initial date if you believe the prosecution's theory, the effort to impact the election which by itself is not a problem but once you falsify the records, prove elements beyond reasonable doubt, that is how you make them together. neil: you are seeing this wrapped about tomorrow or the weekend? >> i think that it can. it can. ultimately, i had a trial where god had fingerprints on the trigger and the handle and the jury couldn't come to a conclusion so you never know. neil: that is fascinating. you look at things that are there missed. thank you.

if he's right, some worrisome developments for the defense today, don't know how that falls out because there's been no negative fallout from donald trump from all of this. if anything, he's more popular at this point in this trial and jury deliberations than he was when the case started being tried six weeks ago. national politics reporter, i'm following up on what jeremy was pointing out. let's say he's right, this is tipping to the prosecution, conviction, may be more in store for donald trump, the political fallout would be what? he has survived 90 plus indictments over half a dozen cases and he has weathered that just fine. what do you think? >> a lot of questions about that. some polling that originally came out has suggested there could be a dent in trump's support. a new marist poll that came out. >> to the point that if it were

a conviction, does that change? >> we just don't know. the polls show may be a little bit, may be a drop in the bucket, may be a handful of independent persuadable voters that go to biden. i thought it was interesting listening to trump yesterday outside the courtroom, he said not even mother teresa could be these charges. that is him lowering expectations trying to prepare his supporters and those around him for the worst, that being said i don't think this is high-priority for your average american voter. you are obviously, they know this is happening and taking place but they are more concerned about their pocketbooks, inflation, crime, the southern border. neil: i did find the mother theresa thing a little wanton. i can't picture, that issue of

mother theresa, a porn star, but i get what he is saying. let me get your take on the impact of this trial because obviously convictional convictions could change everything, potentially some of voters might consider or not but you are arguing numbers too small to make a difference? >> right now it might move the needle a bit. this is a close election. the question i have is where does it move the needle? does it move the needle in pennsylvania or arizona or georgia or michigan. neil: i want a picture, president biden after the jury rules on donald trump, fine, maybe that is expected and worth it but if donald trump is exonerated and not found guilty

of any of this should he still address it? >> that will be a difficult move because that is an opportunity for biden in the case that he is convicted to rise above the fray and say we are moving on and talk about x issue or address of this et cetera but if he is exonerated it begs the question of what does president biden say? it is historical and it would be a major moment to have a verdict, guilty or not guilty, the first criminal trial of a president of the united states you would think biden would address it but that's a good question. it is unprecedented. neil: i can't imagine saying way to go, donald but maybe it would happens that way. always learn a lot, good seeing you again.

the dow in freefall, 314 points. salesforce isn't helping that. if not for salesforce, the dow could be in positive territory but it is not after this.

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adam: following the news of what's going on in stocks, have a difficult day but less than earlier, on housing front more disturbing news, this is the kind of stuff, but for a year fixed-rate mortgage jumps over to 7%, last week it was under 7%. %. a lot of analysts look at that and say that to trigger point. you are under if you get a lot of interest, over you have less interest and we might see that in pending home sales pointing to a four your low down 7.5, 7.4% year-over-year, developed like that in large part to what's happening on the interest rate front. a lot of would-be buyers typically back away from

mortgage rates on that level. barbara corcoran was telling us that is something borne out again and again. mortgage rates to that level, housing activity does seem to be the case. speaking of mortgage rates, have a lot to do with the course of interest rates on the federal reserve's thinking we have a lot of key fed governors including federal reserve president john williams on the wires indicating inflation is too high but he's very confident it will start decelerating, down 2. 5% by the end of this year, maybe 2% by next year. all these guys have been wrong on protections. don't know about mr. williams that he is one they follow closely, not just jerome powell but they set these

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adam: live shot of the supreme court, new york city, secondary jury deliberations, third note pass along to the judge to the jury, a lot of requests for information. lydia is there. >> reporter: we finished the practices of reading back the jury instructions and excerpts of the testimony 11:15 meeting the jurors were discharged to head back to their jury deliberations. more than an hour ago so we are back to waiting for them to either come up with a verdict, render their verdict or issue more notes for clarity from the

judge but after they were discharged back to deliberations, donald trump posted a message on truth social which his thoughts, can anybody believe that our government will be spending tens of millions of taxpayer dollars on prosecuting this ridiculous case, i did nothing wrong, in fact i did everything right, the testimony in court was amazing for the defense. i did not have time to fact check the cost of the prosecution of the case but the important part is donald trump said through the reading of the testimony unfounded to be helpful to his case. what do the jurors here read back? largely portions of testimony from david packer, the former owner of the national enquirer and michael cohen, former attorney for donald trump in which they explained how the so-called catch and kill scheme was formed back in 2015. is a portion of the testimony

read back to jurors from david packer in which he was describing a 2015 meeting at trump tower that michael cohen and donald trump attended. packer said, quote, i said what i would do is i would run or publish positive stories about donald trump and i would publish negative stories about his opponents and i said that i would also be the eyes and use, i would be your eyes and years because i know the trump organization had a very small staff. in addition to testimony like this to jurors heard a large swath of jury instructions read to them yet again. i don't think they should be faulted for that, they are long and complicated and they don't get a copy of them to take back to the jury deliberation room. they are listening very intently. we understand observers are looking at the process. they have a laptop with them that has documents stored so they can view exhibits as they

are deliberating. and has the jurors did ask for headphones and speakers, excerpts from podcasts and phone conversations played during this trial those devices will help them listen to those pieces of evidence as they are deliberating. that is the latest. back to you. adam: are back to deliberating, no longer in the courtroom. >> reporter: exactly correct. they have been back for a little over an hour, they were dismissed at 11:15. adam: q. john malcolm is with us with thoughts on that, former deputy assistant attorney general, uc berkeley law professor. welcome. so john, your take on what you can glean if anything from these jury requests.

>> trial lawyers always say we can't guess, don't guess what's going on in the jury deliberation room. i've got to think the longer this goes on, the more questions coming out of the jury room, the better it looks for donald trump. all he needs is one of those jurors to be putting up a stiff argument saying i don't agree, i don't believe this, i don't think the prosecution carries the burden of proof and that one juror stays to that position and it is a hunger jerry. i can also see everybody else on the jury saying bring in, show us that clip, show us that language from the beginning of the alleged conspiracy. and look at the jury instructions, you can believe they will convict us on michael cohen. neil: a great deal made of the beginning witnesses, some leaned into fat, they are being

meticulous about this and going in order. that might be a leap but how do you see or what is the significance of the questions and read backs that they wanted. >> it is hard to make too much of a determination which i assume in part they went to see how much packer asked testimony aligns with cohen. michael cohen was the state's chief witness. he has lied every other time he's been under oath and admits he hates donald trump, stole from him and blames him for everything wrong in his life including having been disbarred. the prosecution said we didn't choose this guy, donald trump did by having him as his personal lawyer and fixer and all the of another evidence that corroborates what cohen has said. i assume they will look to see what similarities and differences tween what packer said about the existence of the relationship to the trump campaign and what cohen has said about that. i think the longer this goes on

the better it is for donald trump. it was a weeklong trial and is only the second day of deliberation so you can't read much into it yet. neil: we have the weekend coming get so that builds up the expectation they want to get out of there and get the weekend going. if i were in such a momentous trial i might not be in a rush. how do you think it plays out? >> seems if i were guessing that there might be a small number of jurors, maybe even one juror who is holding out against a conviction. i can't see this jury getting close to the end for acquittal. the pro trump juror, you might want to delay things, you won't let anyone think we are going to get out of this quick and easy and call it a done deal before the we can. we are going to go past the weekend and it will be potentially another week. you don't recognize we are not going to come to you and ask for a verdict and it's a hunger trial.

we 20 in that event, just one juror who is not going along, how does that play out? >> a judge will often read what is referred to as an allen charge, the supreme court case that created this basically says you're entitled to your opinion, you should not violate the oath you took to follow my instructions but no reason to believe this trial goes on again that it will come in any better. perhaps you should rethink your pose addition and if you believe what you believe than the say so but keep an open mind and listen to the jurors and go back and try harder. defense attorneys typically don't like that because it puts pressure on jurors to convict about if one juror hangs up that jury than a mistrial will be to clear the state will have to decide whether to retry him. neil: way -- y and on my expertise, henry fonda in 12 angry men was that one juror.

but with the great think about that, he got the others to rethink a position. that's pressure. what do you think of that and the pressure on that one juror if it comes down to that? >> i love that movie. i make students watch that movie especially if i need to go somewhere else that day. be on either side like prosecution or defense and take sides and argue with each other. my sense is juries do try to deliberate and discuss as a group and that is depicted in the 12 angry men movie. what i don't find is one guy gets the other 11 to change their mind from convicting to acquitting.

neil: had to be henry fonda. that sounds like john wayne. love that movie, has nothing to do with this movie but we will see. i appreciate it. as the jury deliberated as we speak. we are deliberating on what is behind this big selloff in the dow, big part of it is sales core, toggle graft yesterday with very disappointing earnings, one of the worst periods we've seen since 2006 and different reads on retail. footlocker, not so much. ♪ ♪ ou an elevated experience, tailor-made for trader minds. go deeper with thinkorswim: our award-wining trading platforms. unlock support from the schwab trade desk,

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[ bird squawks loudly ] to a pet shop. meg's moving company uses t-mobile. so she scaled down her fleet to save money. and don's paying so much for at&t, he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. adam: read them and weep. a lot of retailers having a tough day, not that all the numbers are bad. stocks scourge out the gate 30%, i think it's up 20% right now. mixed read on the consumer, surprising force on the economy to think about, charlie gasparino with us, scott martin, what do you think, how

does the consumer -- charles: a lot better than people think and are predicting good. we've seen from these numbers, port numbers and poor outlook and there's your bully mantra stocks because you have companies in the consumer space that hung in very well and valuations are not cheap but not rich but earnings misses and guidance fills in the gap, the consumer is going to get week. and the high end is doing well. the high end, the middle ground and lower ground are struggling. the gasparino crowd goes to cracker barrel and applebee's. we all feel that way. meaning yesterday. lauren: all the time -- charles: i went to cracker barrel. i was driving to florida. i had a job. this is a great story.

neil: fewer people are. we get into that with ashley webster. what is driving the consumer? while i have you here to tell me? charles: sometimes you run out of sneakers. i think when you talk to the vast majority of people, inflation has taken a huge part of the paycheck. neil: you don't purchase that. charles: president biden, if inflation wasn't crushing the lower class, the reason why, looking at something like a big mac, a big back, and smaller in size. went to taco bell a year and 1/2 ago.

adam: $18 big mac meal wasn't -- charles: i heard it went from 3 to 9 net. >> franchise operated system. charles: something that the market seems to of forward too. forget where you were going get but you mentioned that job. however, it's like there's the market that it could afford because folks pay it. what's driving the consumer is the high end consumer is okay. some are up. charles: wondering why the market is literally five stocks doing very well associated with that.

broadening -- trying to get back into the markets except when it is down. neil: big summer selloff. charles: i see various scenarios. it alarms me if they do. why would you, you could -- at this nosebleed level. that's a lot of spaghetti and meatballs, cracker barrel trips on i-95, stop at three of them and have that cover. whatever you gave me earlier. neil: think about it. the market, the overall market opens slowdown numbers like that because it keeps -- charles: i thought it was medication.

they are down, looks horrible today. those stocks are on sale. earnings miss. jeff bezos on amazon. they had these, it's a big deal. charles: buying on the dip. his medication. i'm out of here. charles: he is his own man. i have not touted. neil: when you wine and dine, what is keeping them but not others? what did they worry about? does politics have to do with a? the trial? charles: the people i wine and dine with. we do this once a week.

so dan believes, doing that. he has good taste but dan is permeable. the market -- neil: those who look at long-term. charles: one permeable has been wrong and that is jamie dimon, he has been correcting a crash or a correction for how long and keeps getting it wrong. he has not been right about this. the other one that has it right, larry fink would tell you sloshing for rule. we are fine. neil: i appreciate it. charles: don junior was there last night.

neil: i want to go to ashley webster and to add a little humor here. at cracker barrel, there is method to all this. what is going on their? ashley: big changes coming to cracker barrel but the cavuto breakfast is a permanent fixture on the menu. this is a company like so many chain restaurants that suffered from higher cost of living, they are not eating out as much, maybe not so much at dinner time and that reflects the fact that people can't eat out all the time. as for cracker barrel in particular, sales have flatlined, same-store sales released in the latest earnings report were down one. 5%. the store says it lost 16% of its customers in the last four

years, that is a huge loss, a loss of significant market share, stock down 40% since the start of the year. the ceo says no doubt we've lost our shine. perhaps we need a refresher. it is well-worn if you like and from what research tells them customers agree. cracker barrel says it will invest 700 million in the last three years, 660 stores, the state with the most of them is florida. it is appropriate i am talking to you from their today. they hope to see some improvement in the back half of 2026, a huge investment they hope will pay up. on the earnings call the ceo says customers are making it clear they would like to see a refresh.

>> with traffic down 20%, they are not choosing us. cracker barrel experience, there are more relevant choices for them, the experiential factors. a lot of that is looking at comfort at the table. >> reporter: going to change physical appearance, physical appearance, menu items, may be surprising. pricing that may go up in some areas but down a little bit in lower income neighborhoods. they are looking at every aspect of how they do this. down-home rustic country, putting in brighter colors and change the very nature of what people think of with cracker barrel, what that put the loyal customers off? difficult line to read but that

many chain restaurants are facing these days because getting foot traffic in the door isn't always easy. neil: stick to comfort food. always good seeing you. thank you for the update. the volcano that has been erupting in iceland, the fifth time in the past year but it is not quitting get. it might be the most vigorous eruption in the area today. a lot of people warned to stand back as is and gas pollution is accelerating get. they expect that to continue. they discover, look at this, it's not stopping, two feet away.

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adam: updating you on the trump jury deliberations that is still going on, given the clear points and marching get orders that came with a decision but no way of knowing get from all this. speaking of donald trump, he and elon musk in that category.

donald trump didn't think much of him, they have grown closer and there is talk they are closer to getting an advisory role for elon musk, we don't know if that would carry to a new trump administration. bloomberg reporting it would have to do with crypto and the whole technology and he would be an advisor in that field but not exclusive to that field. this is because we've seen signs of this new approach, criticism that elon musk had of president biden's handling of the economy particularly his handling of him. a big power player in the world. we are following us selloff paired with the dow down 260 points. brian brenberg on "the big money show".