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tv   Americas Newsroom  FOX News  February 16, 2024 6:00am-7:00am PST

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reimbursement to nathan wade. there is jury instruction that says if you do not believe a witness testimony, disregard everything else they say. that judge will think about whether or not nathan wade and fani willis are credible witnesses. they are not credible. what you heard was basically misrepresentation of the facts. >> ainsley: get them out of the way, they are not qualified to do this. >> brian: busy breaking news day, keep it on fox news channel for day two of the fani willis trial and more on breaking news in the death of vladamir putin critic alexei navalny at the age of 47 and also going on radio to talk about this and don't forget one nation saturday 9 p.m. >> bill: good morning, everybody. a hopping friday. a courtroom or daytime soap
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opera. in a moment now fani willis will take the stand, second day of testimony. the hearing will decide whether or not her affair with her lead prosecutor in donald trump's election interference case is a conflict of interest and whether that tarnishes the case. will they stay on it or be removed? the dust settling from day one. it took a lot of people by surprise. live in new york city i'm bill hemmer. >> dana: i'm dana perino and this is "america's newsroom." everyone is talking about it. i heard from aunt patty sue in wyoming. they were watching closely. contentious from the get go putting the credibility of georgia's case against the former president on the line. detailing the timeline of willis's relationship with wade. witness testified they were in a relationship long before wade was hired in the case. that contradicts the earlier assertions.
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willis was questioned over the discrepancy but she tore into the defense attorney and judge. >> i'm not a hostile witness. >> not that you're hostile but adverse. your interests are opposed to miss merchant's. >> her interests are contrary to democracy, your honor. in truth two people's personal lives. you think i'm on trial. these people are on trial for trying to steal and election in 2020. i'm not on trial. >> has he ever visited you at the place you laid your head. >> i will tell you which one you lied in right here. i think you lied right here. no, no, no, this is the truth, judge. it is a lie. it is a lie. >> the only money you've ever given him outside of a contract is cash. >> i didn't give him money in a contract. that was cute but i didn't give him money in a contract. i don't need anybody to foot my bills. the only man who has ever foot my bills completely is my daddy.
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>> dana: her father expected to take the stand this morning. fox team coverage. newt gingrich, atlanta native standing by. steve harrigan has the update on the case. steve, you know i love this story. tell me what will happen in round two? >> it feels like the whole country loves the story. fani willis will come back out. huge fireworks yesterday. will we see more today? a surprise move yesterday fani willis tried to push away a subpoena for days to fight it. ignored the advice of her counsel and lawyers, took the stand and right away tried to assert control over the proceedings. >> you are confused. you think i'm on trial. these people are on trial for trying to steal an election in 2020. i'm not on trial no matter how hard you try to put me on trial. >> much of the focus during yesterday's misconduct hearing was to try to answer a simple question, was nathan wade hired before or after an intimate
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relationship began between him and willis? also their finances were quized repeatedly. according to wade and willis when they traveled together wade used his credit card and willis reimbursed him with cash. what challenged on that willis pushed back hard once again. >> i don't need anything from a man. a man is not a plan. a man is a companion and so there was tension always in our relationship, which is why i would give him his money back. i don't need anybody to foot my bills. the only man who has ever foot my bills completely is my daddy. >> he will not make a ruling on a disqualification by the bar for such a ruling is low. only the appearance of misconduct. dana, back to you. >> dana: thank you. >> attorneys are making statements right now. the judge is on the bench as well. scott mcafee. i will remind you is up for
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re-election in georgia in four months' time. newt gingrich joins us now. you used to live in marietta, georgia. what did you think of fani willis and her presentation yesterday and what the judge allowed to happen and not happen? >> you know, there is an old saying that a lawyer who represents themselves has a fool for a client. she should never have taken the seat like that. if she was going to be up there she should have been relatively meek and compliant. this is not a jury trial. this is all about that judge. i don't think she earned any points for being as aggressive and angry. we were listening at one point yesterday afternoon on the way home. the level of her anger just came through with extraordinary clarity. so we'll see what happens today.
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you know, the this is also the reminder that the people who have taken on trump, whether the new york prosecutors, or washington, or atlanta, they are all basically not very competent people because they really responsible, competent district attorney wouldn't take these cases. you end up with strange people doing strange things using the power of the law to have an impact much greater than their personality. >> dana: they are getting underway in court now doing housekeeping things. i want to play for you some of the media melting down over willis's testimony yesterday as they started to realize what was happening. watch here. >> the this is epic, monumental. a huge deal. i can't overstate it. >> it was a tough day for fani willis. she came in hot and emotional. >> the only person who benefited here was donald trump and the other defendants. >> what is mind blowing is that
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the probing questions into the personal life of trump's prosecutor could possibly sink that case. >> if he disqualifies her from this case her entire office is removed from the case. >> dana: you don't usually see that kind of agreement but you had it yesterday. >> you have to recognize that with all of his challenges donald trump has a certain amount of luck. having fani willis as an alternative cinchs south carolina. he would win anyway. this is an absurd tee. you watch this person and you think she really was going to take on the former president of the united states and a whole bunch of people under a rico claim that almost everybody agrees is absurd and now we discover not only that all humans are flawed, but in her case, i think it's also fair to
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say that she is probably violated the law herself by signing documents as she herself admitted yesterday she didn't realize that if you hired somebody under a contract that they were an employee. i mean, how could you have gotten through your first year of law school and not understood when you hire somebody, even by contract, they are an employee? this kind of stuff people will look and say this is the person who was going to try to destroy donald trump? it highlights how desperate the left is. >> bill: what continues to be fascinating to us and we were talking about it yesterday all these people know each other. they work with each other and they spent their careers-in-law working with each other or against one another. the judge has said that he will not rule from the bench but would take all the questions under advisement after the testimony is delivered and there will be more testimony today. there could be several witnesses. we don't know in the end. let's drop in and find out right
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now what judge mcafee is trying to decide initially as we start day two. >> okay. and -- >> [inaudible] >> [inaudible] >> miss merchant, other than mr. bradley, did you have any other witnesses? >> [inaudible] >> [inaudible] >> we can use this time to do that. we'll take a moment to look at the questions and let me know when you are ready to proceed. >> my part has to do -- i understood yesterday -- [inaudible] >> i think you are about to maybe make a legal qualification here. why don't we hear what you've got. >> yesterday if the witness was
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going to decline to answer any questions at all in relation to communications, or observations or anything, either independent or otherwise, that took place during this time of the alleged relat relationship, i understood that as referencing not just attorney clay ain't privilege communication but -- refers to competency which are not covered by the attorney/client privilege and not barred from testimony or evidence in a courtroom. it sounded as if the court is going to have to order mr. bradley to testify and then mr. bradley will have to take his decision whether he is going to
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follow the court's order or whether he is not. if he does, then he will be able to ask him some questions that miss merchant prepared on mr. roman's behalf. if he says i'm not going to do that we're in the position the court will have to -- [inaudible] at that point my guess is he would say i would like him -- think on appeal. i'm trying to play through where we'll be. if we're going to do that we might as well put him on the stand. >> a good thing to flag. yesterday during the hearing there was some intermingling of 1.6 and attorney/client privilege and now having had the time to kind of parse through that, and it does seem that there is a distinction between the two. one is not covered with it and
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according to a case in georgia, supreme court doesn't make that distinction. to that and mr. evans as we work through these issues when mr. bradley takes the stand i would be directing him to respond and be responsive to any questioning that may be covered by rule 1.6. that will be the order of this court. it still reserves the issue of attorney/client privilege. as you are reviewing those questions, we'll keep that in mind and i will be interested to hear your response. anything else you think we should clarify? >> if you thought yesterday was a rollercoaster we got another plot twist. atlanta bureau informs us the state has no more questions for fani willis. that is not what we were led to believe as we began. >> dana: you think they want to cut their losses? >> bill: maybe. she will not be testifying today. the next witness will be
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terrance bradley. he is at a doctor's appointment right now and he will be available at 10:00 a.m. eastern time. so that's about 47 minutes from now. that's where it stands. that's the where it's laying in fulton county right now. >> dana: there is also this today. >> we've all just received reports that alexei navalny has died in russia. this is, of course, terrible news which we are working to confirm. my prayers are which his family, including his wife, who is with us today, and if confirmed, this would be a further sign of putin's brutality. whatever story they tell, let us be clear, russia is responsible. and we'll have more to say on this later. >> dana: russian officials announced this morning that critic and opposition leady navalny has died in prison. he was jailed three years ago on
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charges politically motivated to say the left. alex hogan is in london with the latest. >> as we know, new breaking news coming out about alexei navalny reportedly dying in prison. the fierce critic of vladimir putin was the most significant opposition leader in russia. the most recent footage that we have of him as you mentioned he had been jailed for several years and reportedly collapsed after a walk losing consciousness and medical workers at the prison were unable to resuscitate him. reaction is pouring in from political leaders around the world. french foreign minister said that quote, his death in a prison colony reminds us of the reality of russian president vladimir putin's regime. nato secretary calling for russia to answer some serious questions after nato has repeatedly called for navalny's release. ukrainian president zelenskyy made his opinion loud and clear.
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>> it is obvious that he was killed by russian president vladimir putin as thousands of others tormented and tortured because of this one creature. putin doesn't care who dies, only for him to hold his position. >> navalny was a lawyer turned politician, a very vocal critic against corruption and, of course, putin. russian president vladimir putin is up for re-election next month. navalny has been behind bars since 2021 serving a decades long sentence considered politically motivated and his sentence was extended to 19 years and moved had to penal colony north of arctic circle known for its severe winters and for its extreme conditions for those living there. >> dana: alex, thank you very much. for those of you who would like to learn more about alexei navalny there is a documentary and i believe it's on netflix.
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his wife happened to be in munich at the security conference and spoke in russian only. we don't have a transcript or translation of that yet. there she is with -- >> part of her message she saw her husband recently. she stated february 12th, just a few days ago. if that is the case, she reported that he was healthy and happy. and here we are now. we'll try to track this on the 16th of february. that was only four days ago if that's the case. we're watching more reaction. remember our former colleague chris wallace said to vladimir putin. he asked that infamous question why does everyone around you end up dead? and this is arguably a similar situation that we have watched throughout putin's reign in russia for years now. back on that story.
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a major stun to all of us. 16 past. major plot twist now in georgia. the d.a. fani willis will not testify today after what was seen yesterday as just about as riveting television and legal representation as you will see on a tv screen. >> dana: it was amazing. a lot there. we watched in horror the brutal beating of new york's finest in times square. the migrants will now face a judge finally. plus this. >> history! the all-time leading scorer in women's college basketball. >> bill: sthe is good, right? she proved it now. caitlin clark shooting and scoringing going down in the records books and has the title as the all-time leading scorer. man, did she pack the house. >> dana: amazing. ♪ ♪ this is going to be the best
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>> bill: from fulton county the bench is empty at 9:22 local time in atlanta, georgia. they will resume around 10:00 eastern time and fani willis who everybody thought would be back on the stand for day two will not be called to the stand. so that was a bit of a twist. a story that has had a number of plot twists thus far. stand by and we'll be back on that case at the top of the next hour. momentarily 40 minutes away. >> dana: fox news alert here. police say the deadly shooting at the kansas city chiefs super bowl victory rally is not linked to terrorism or extremism. we're live with new development. hi, jeff. >> dana, the fencing has come
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down, police tape is gone as this community of kansas city starts to physically get back to normal. the emotional impact that this mass shooting has had on the community is immense and that was front and center last night during this vigil that was hosted by a crowd of people in downtown kansas city. some said they were flat out angry that such a joyous occasion and celebration was ruined by gunfire. others expressing sadness for the loss of local d.j. and mother of two lisa lopez galvan. >> she was a great person. this is senseless. >> she was such a shining star and i hate that we had to lose her this way. >> now we wait for investigators to name who they think was involved in the mass shooting. we know of the three juveniles
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originally detained for questioning one was released and found not to be involved. the remaining two are being held in police custody while investigators work with juvenile prosecutors to figure out any possible charges. out of the 22 who were injured, a vast majority have now been released from the hospital and doctors say that all of the kids are expected to recover. we're also learning that singer taylor swift has donated $1 hundred thousand to the family of lisa lopez galvan. >> dana: jeff paul in kansas city. keep us posted. thank you. >> bill: this is another stunner that dropped yesterday afternoon. the special counsel david weiss has now brought charges against a former f.b.i. inform ant now accused of lying about president biden and his son, hunter. david spunt from the justice department follows this the day after. what's up here, david? >> good morning, bill and dana. it is a big story. the former f.b.i. informant went
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to f.b.i. agents and repeatedly over and over again indicated that both joe biden and hunter biden accepted $5 million each in bribes from ukrainian associates connected to the ukrainian energy company burisma where hunter biden was on the board. david weiss, investigating hunter biden and taking him to federal trial in both delaware and california, says that this man, 43-year-old alexander smirnoff arrested yesterday in las vegas repeatedly lied to the f.b.i. multiple times. the indictment says that smirnov told f.b.i. agents said hunter and joe were paid to help keep an craneian prosecutor from looking into burisma. they said they were right. another instant of comer and jordan peddling falsehoods based
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on dishonest uncredible allegations and witnesses. the top republicans in congress looking at hunter biden and joe biden. oversight chairman comer and other republicans took those allegations as fact. comer to fox news says when asked by the committee about their confidence in the confidential human source, the f.b.i. told the committee the confidential human source, smirnov, was credible and trusted, worked with the f.b.i. for over a decade and paid six figures. democrat congressman raskin is calling on speaker johnson and all republicans to end their doomed impeachment inquiry though comer is pressing forward. hunter biden is still facing charges in both california for allegedly not paying his taxes and delaware for lying on a federal form saying he was not addicted to drugs when he purchased a gun. >> bill: we'll see what comes next on that. what a surprise that is now. thanks from d.o.j.
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>> dana reads sports. >> go for history. [cheers and applause] the all-time leading scorer in women's college basketball. >> dana: there it is. caitlin clark of the iowa hawkeyes, a huge star and broke last night the all-time scoring record for women's college basketball. she hit the milestone on a three-pointer from mid court on her way to a career high 49 points in last night's win over michigan. clark has 3,569 points. here she is after the game. >> just to do it in this fashion i'm very grateful and thankful to be surrounded by so many people that have been my foundation in everything i've done since i was a young little girl. i started crying when watching that video because i'm just filled with so much gratitude and love. yeah, you all knew i would shoot a big three for the record. come on, now.
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>> dana: she has confident humility, which is a great, great thing to develop. >> bill: what a logo three is. >> dana: i have no idea. >> bill: you've got that. in the middle of the court there is a logo. in this case an iowa hawkeye and she is so good, her range is so deep, she can shoot from the logo, which is -- arguably almost half-court. >> dana: did they create that term for her? >> bill: great question. i don't know that answer. >> dana: we need to find that out. >> bill: she got four more regular season games, she is trying to reach the all time leading scorer for men and women in the ncaa. she has a shot. >> dana: a great, wonderful news story to tell you about this morning. >> bill: we're waiting to find out. this was a stunner, fani willis will not be back on the stand. andy mccarthy will tell us why.
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i don't know if he has been wrong. you want to listen to andy coming up next. special counsel robert hur will tell his side of the story and he will do it in a very public setting. a hearing on capitol hill very soon to explain this exchange right here. >> president biden, something the special counsel said in his report is that one of the reasons you were not charged is because, in his description you are a well-meaning elderly man with a poor memory. >> i'm well meaning, an elderly man and i know what the hell i'm doing.
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of the president's health and mental state. peter doocy is watching that from the north lawn. good morning there. >> officials here are really steamed at the attorney general merrick garland writing a letter to him as soon as they found out how harsh robert hur's report would be about president biden's memory before it went public. part of the letter says mr. hur's criticism of president biden mirrors one of the most wide le recognized examples of inappropriate prosecutor criticism of uncharged conduct. we object to the multiple denigrating statements about president biden's memory that violate longstanding d.o.j. practice and policy. the d.o.j. said the context in which this information is used in the report makes it appropriate under department policy and the special counsel regulations. identified language is neither
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un-- in possessing and retaining classified information. the white house counsel's office took the very unusual step yesterday of sending a memo critical of biden document coverage to an internal list serve used by reporters who belong to the white house correspondent's association. the president from nbc is blowing them up with this quote. it is inappropriate for the white house to utilize internal pool distribution channels primarily for logistics and need to know information to disseminate generalized critiques of news coverage. we will not distribute them going forward and kelly's point was that the white house can just reach out directly to reporters or editors that they have an issue with and take it from me, it happens all the time. >> bill: go smack that bee hive one more time, thank you, peter,
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from the north lawn. >> not saying anything else. >> the state has no further questions for miss willis. >> all right. >> dana: district attorney willis will not take the witness stand for the second day. andy mccarthy, fox news contributor joins us now. andy, i just want to show one thing. call for number four is wade and willis's relationship timeline. this matters because basically there is a discrepancy. we have 2021 fani willis installed as the fulton county d.a. in february of 2021 she opens this criminal investigation into trump for election interference. november of 2021 she hires nathan wade as special prosecutor on the first day of november. november 2nd he files for divorce and went on from there. your thoughts about where we sit today and why you think she is not testifying today. >> well, i think to that, dana,
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her testimony yesterday was kind of a train wreck and it goes to some broader issues about number one her fitness to be the district attorney not just her fitness to run this case. as i understand it, the way it was teed up, she was not going to testify. the state's whole approach yesterday to the hearing was the assumption that the district attorney was not going to take the stand and suddenly after hours of this proceeding, she comes in, evidently not particularly well prepared to testify and was essentially just combative and non-responsive when she was under questioning. and it makes you think that they prepared for this hearing, which was a very important hearing for them, under circumstances where they thought she was not going to be on the stand and then she came in and kind of blew it up. it would be one thing if she came in and hit it out of the
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park. but i think instead she did the opposite and maybe overnight they realizeed the old song the first thing you want to do in a hole is stop digging. >> the journal concludes this. what a disservice to the america public and the cause of credible justice if the d.a. is discussing a getaway to aruba something has gone terribly awry. many think go ahead and replace these two and assign it to another prosecutor. what do you think about that and what you think about how the judge handled her yesterday? i think we would have to go a long way, andy, to find a witness who was as colorful as she was and allowed to speak with whatever range she chose to every answer and whether or not the judge had a handle on that. >> well, i think there was a lot from what i could detepidity,
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bill, going on where the judge was just -- came to a certain conclusion at a certain point if she wanted to rail he was going to let her rail. a rich enough record at this point that he can make credibility findings about wade and about her testimony, which he will be called on to do and the way it seems to conflict with the paper record and conflicts with other testimony. in terms of just the broader picture my impression watching this, as somebody who did rico cases for a number of years, rico cases are very complex criminal cases in time and space. they are probably as complex as anything that i was involved in as a lawyer. and, you know, i think somebody who has watched this case and said they don't really seem to understand rico, they seem to have used rico to try to paper over other problems in their case. i'm not someone who says they have no case. what i have always said is there
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may be crimes here but they should have indicted a bunch of discrete little cases rather than try to go for the one big bonanza. my impression watching this case yesterday is how could these people conceivably put together a compelling rico? they can't even get through a hearing. >> bill: got it. andy, thank you. i hope you don't go far in the next hour because we will get back there in 20 minutes' time. nice to see you. >> dana: also breaking news this morning. will the death of alexei navalny change how the world responds to russia's war on ukraine. kurt volker is in munich and joining us live. the vote cast by congressman tlaib that has many questioning whether the squad member supports rape? help
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>> bill: we will share this with you now. five suspects accused of participating in the beatdown of two new york cops are set to appear in court today. video captures that group about two weeks ago brutally hitting these officers in times square last month. three of the five migrants out on bail. two more were denied bond and linked to a venezuelan gang. two other suspect were arraigned earlier this week. you recall we were told they jumped a bus and got out of town. we're piecing their stories together. >> dana: well, the house of representatives passed a bipartisan resolution condemning hamas for raping women during its attacks on israel. there was one notable exception to the vote. tlaib voted present. here to weigh in is jessica
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tarlov. some are saying does she then support rape? that might be going too far. she would reject that out of hand but why does she continue to soft pedal what was a planned sexual assault against the women of israel during the october 7th attack? >> that continues today. detailing the fact the sexual atrocities that occurred on october 7th had not slowed down because these people had been taken into captivity. it was the cornerstone of the palestinian's plan to not only be able to kill as many people as possible, take as many hostages as possible but rape and torture as many people as possible. and it's in the morning so i don't want to go too far into the details but the content of these rapes is so extreme that it is the stuff you wouldn't put in a movie. >> bill: this was the vote. 418 in favor, 0 opposed.
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she tweeted this. this resolution falls short of acknowledging the sexual abuse of palestinians. >> there is -- i have looked into this and there has been documentation certainly of israelis over the years abusing palestinians. not the story today. your side of the story gets lost in all of this when you start talking about the other -- both siding something like this. >> this was a lay-up for her? >> she doesn't want it. what's interesting about the squad. it has definitely dissipated over the years. they used to be lock step with each other. aoc was the first person to take off because of nancy pelosi. she said you have opportunity, kid, right? you can go somewhere. i will give you the committee assignments you want. i need you to play ball with us. now she does things like coming out endorsing tom suozzi.
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tlaib is on an island by herself. the others don't want to touch it. marr who represents a constituency more siding with the palestinians than the israelis in all of this in dear born, michigan. >> dana: last question on that. how big a problem is the democratic softening support for israel within the squad on that side of the party? how big of a problem is that for biden and for israel? >> well, i think they are separate. what is going on in israel is an international issue and netanyahu has his own problems he created for himself. for biden it is an issue. look at the margins in swing states. in michigan he has not been polling as well as you would expect. he is doing better in a state like pennsylvania where john fetterman is one of the strongest advocates for israel
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and going hard on that. something they are paying attention to. this is one of the moral issues of our time and i'm glad the president is standing firm on this and saying you know, i care about palestinian lives. it matters a lot. this is about october 7th. >> bill: our polling has trump up two in michigan. he lost the state by three in 2020. a battleground again. arab americans voting there. trump is going after the union vote trying to bite hard on the green new deal and how electric jobs are going to be eventually shipped out of michigan to maybe some other states if not overseas. jessica, we'll be watching it. >> dana: see you on "the five." >> bill: we have a peach state predicament. how will the judge -- going to be back in the chair in nine minutes decide whether fulton county's prosecution can continue after fani willis is not back on the stand today. we're watching and waiting. don't move.
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we'll be back on that right after this.
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only on verizon. >> go for history. there it is! [cheers and applause] the all-time leading scorer in women's college basketball. >> caitlin clark is putting women's basketball made history last night breaking the all-time scoring record for women with that 3-point shot there. a former indiana basketball player. dan, nice to see you, good morning, sir. roll up the stats for caitlin last night. 49 points, 93-pointers, 13 assists, five rebounds. it was just as we say. another day at the office. here is the story. she is changing women's basketball and bringing people into the sport that would otherwise not take the time to watch these games. and she is about 100 points away from the all-time record men and
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women if she can and likely will with four games left in the regular season catch pistol pete maravich and won't that be a story, dan. >> i'm serbian. he is our idol. she plays and looks like him. guys, she is the most influential woman basketball player ever. you saw the shot she made the make the record. pistol pete maravich changed basketball with his passage. steph curry changed it with deep threes. and the most influential women's basketball player everywhere. it makes it okay to take shots from deep like steph curry and pistol pete to make no-look places. >> bill: a rare occasion with a basketball player with this talent and ability.
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a three-point competition between caitlin clark and steph curry and people will watch. >> i would pay to watch that one. not only who makes the most but who shoots it the easiest from deep. i wouldn't count on caitlin clark. she is unbelievable. ridiculous. >> bill: when she goes pro. she has this foundation and raising a ton of money for people all over her home state of iowa. when she turns pro, what happens to the wnba then? >> i think here in indy has the number one pick. people are dying for her to come out. i think indianapolis and the fever explode. they won a championship. that didn't move the needle even though it should. i think it explodes. taylor swift brought women into the super bowl. she is bringing all kinds of people to basketball. great for the wnba. >> bill: we'll talk in person sometime. dan, go red in indianapolis.

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