quickly, joe scarborough saying he thinks there is too much attention paid to the border watch this... >> there were like 4 migrants and the hound dog on top of the hill in new mexico. and they had their 4 migrants and a hound dog cam on for hours >> martha: is that how you would assess what's happening at the border? >> all i can say is that right now we're seeing about an average of 3800 people per day back lower than what we saw some months ago but they've got to make sure we apply repercussions of the border no matter what number they are. >> thank you very much congressman it's good to have a with this thank you. >> any time, taker. >> martha: that's the story for thursday the 18th we look forward to seeing you back here tomorrow. your world starts right now, stick around. [ ♪♪ ] >> he is serving ukraine first

in america last and that would be the worst thing to do for the united states house of representatives speaker. >> i thank the choice is do you want to be churchill or dew want to be chanted and quick. >> we want to make this happen, we dislodged all of the function --'s migration to be continued to throw money at foreign conflicts failed to do the basic duty in america and secure our own border. >> should democrats help johnson? >> a lot of our members wanted the package broken up where they can vote individually on a 0 and ukraine and taiwan so that's the way the speaker did it. >> you know, better late than never so let's get it done. >> the state's early hire and also my hope is, you know, cool heads prevail. >> neil: but will they prevail? house speaker mike johnson in the fight of his political life as we speak pushing forward with

aid bill for israel and ukraine. as republican lawmakers like marjorie taylor greene and thomas massey dig into push for his ouster. welcome everybody i am neil cavuto. with school first with chad and how all this is playing out. chad? >> it's all over this foreign aid package. their 4 distant bills 1 for israel and 1 for ukraine and 1 for taiwan and a combination bill to boost ukraine and the house would vote individually than lend them for the senate. >> the reason for that frankly is unconcerned israel may not pass through the senate right now is not included and separate them. none of our priorities would be reflected. >> conservatives confronted johnson on the house floor today and attends conversation. they are livid there is no provision in the bill for the border. johnson says that would blow up the bill. he needs democrats to support the plan, some progressives opposed the package because it helps israel.

>> personally i believe we have have conditions enforced on newest military assistance and ensure human rights are protected. and international is adhered to. those conditions are not presently in the bill. >> still johnson may need democrats to save his speaker ship. the gop torture are presented marjorie taylor greene is threatening to remove johnson. matt gates engineered that astin of the former house speaker kevin mccarty last year. >> i hope was that the motion to vacate would be an elixir that only required 1 does for effectiveness but sometimes there are some therapies that require more than 1 does. i hope that is not the case with the motion but will at -- we will administer the elixir as many times as necessary to save the country. >> gates has opposed up in johnson but he is not pleased with the speaker. the house plans a vote on the aid package saturday. greene contends she is not ready

to remove johnson because she is a responsible person she says. neo. >> neil: chad we learn from the speaker on next saying he won't go forward with raising the threshold for the most -- motion to vacate. what you make of that? >> that's vary important here in, there is some chatter of the capital that the might try to put this in the rule, the provision that you need in place first before you put the international aid package on the floor to maybe raise that threshold that probably actually helps him because some conservatives will say, he is just looking out for himself. >> on it thank you. if we have further developments we'll go back to you. meanwhile getting support in the oddest of i guess. >> that's right good afternoon neil i supposed this may be a case of proving politics does make strange bedfellows because 1 of speakers johnson's strongest supporters on this lives in that building behind me

biden of course pinning the wall street journal and urging support for the 9 to 5 billion-dollar aid package chad laid out for you. the white house also putting out the president's statement saying the house must pass the package this week and the senate should quickly follow. i will send this into law immediately and send a message to the world. we stand with our friends and won't let darren or russia succeed. johnson is rolling the dice obviously but the white house is watching closely. lawmakers on both sides of the aisle voicing these concerns. listen here. >> there be no more new ukraine funding until we secure our southern border. we are being told this week that we've got to give that up and we can't do it because of what's happening in ukraine to this point. >> it might make sense that our country would gravitate to the war but because it makes sense doesn't make it logical. >> so now we will sea whether or

not the house gets this to the floor saturday as chad reported there and it's unclear sort of how the white house is monitoring this whole thing hanging over it which is the motion to vacate johnson. whether democrats will ride into save the day or not. earlier today though the house got some business done and voted to condemn formally in iran for its unprecedented attack on israel. among the 14 who voted no tom massey. neo. >> neil: thank you for that riff jenkins on that. never go to make turner the republican ohio congressman. the house until committee chair, good to have you. what do you make of this back-and-forth on the speaker and there or not he can keep his job? >> he is showing tremendous courage. obviously he understands the critical nature of the aid for ukraine at this time. our european counterparts have contributed more than the u.s. has contributive overall.

were trying to make it so they get the munitions they need to be able to continue to fight against russians aggression into ukraine p. it's a fight between authoritarianism and democracy. russia and russia president vladimir putin have made it clear they have sides well beyond ukraine and need to stop them. they are in ukraine and the department of defence is ready as soon as we can get this package complete. we've got to get the aid into ukraine so they can continue this fight. >> the fight is actually happened within your own party. it's a little lopsided grant you but there are mixed signals coming from president trump right now. he's putting more pressure on mike johnson about what he can concede and not. even though he was with him and it seemed to indicate support. he is also saying europe has to do more as you pointed out, sir, but his son donald junior has already turned against the speaker signalling is made zoning mistakes maybe now is the

time to go. what you make of all this? >> i think it's just noise. what we have here is the speaker is getting the house back to work. we have the chaos caucus that has tried to bully the speaker and members and represents a small portion over all of the members in congress. >> all it takes is 1. to make a fuss of something. >> under the current role they can raise the question is whether or not johnson stays but it does take a vote of the house. what occurred last time as a small number of members on the republican side joined with the democrats and used the democrat party's vote to remove the speaker, i don't think they can do this this time. we are at a critical part of our nation as we try to finish the legislative work of the year and get the package out. that's important and the speaker should be commended for doing so. ethic this is going to pass overwhelmingly on book 4. all provisions israel, ukraine

and additional support for southeast asia. >> the numbers indicate you're exactly right but overwhelming doesn't do it right? and if you think about it if you have 2 or 3 members who are dead set against doing anything like this he is in trouble. a might be dead men walking p. d. think he is quick. >> i do think we need to change these rules. these rules currently how we've been operating under this congress allow the few people, 1 but a handful of people, to throw the house into chaos and prevent us from doing our work. we vary important work we need be getting done this year to finish out the year including the national security package. this needs to be changed so when speaker johnson gets up the morning he can worry about threats around the world not the threats happening to him on the housework. >> neil: but he is not addressing those threats so that might be brave to point german but i get that khaki is set on ask he won't go forward with raising the threshold and the

motion to vacate. so things stand and stay as they were and are. i'm just wondering whether it will repeat what already happen. >> i don't think so. first off i thank the small number of people won't be able to leverage the democrats support in this. they would have to do them. again to remove speaker johnson you have to do so with democrat votes and they're not going to be able to garner those votes because they really believed the house packed i think people sea where the path goes and speaker johnson has broad support that will cause them to have the support to govern this house. >> neil: alright. we are learning by the way separately chairman that president biden is expected to detail these new sanctions against iran. that we'll probably be targeting drone technology and the rest, the same drones shop across israel over the last weekend.

are you for this ancient screen do you agree or do you find iran is already 1 of the most sanctioned countries on earth and is still able to do a lot of thanks we didn't want them to. >> and that's the question everyone has about this administration, they are so slow to act, how is that they are just now saying we are going to sanction companies that are producing drones and missiles and iran we see them fall in ukraine and they are being used by hamas and hesbollah on israel and coming from iran itself. these sanctions should have already been in place. there needs to be whole scale review of the sanctions policy with iran and shut down critical portions of their economy to rent them from being able to be part of the war. what's going on at the battleground in europe and of course attacking israel. >> neil: got it. very good seeing you back mike turner. we will take a quick break here want to bring in a news item

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>> with all these inflation fears not a big surprise mortgage rates would follow the trend. the fixed-rate up to 7.10% the highest it's been in 4 months what to make of it and the growing expectations that rate cuts of the markets were planning on mike it pushed back further and further. gentlemen, meal very good to have you. >> could to sea you neil. 's pack let me ask you first about what's happening on the mortgage front. you know, i know it seems like a

jury number does him i don't know if ever it told you what we paid but i told the nation at thank i said 2000 times it was a lot higher. i know it's what you get used to and people get used to lower rates and some states putting a stop to the housing industry. dew you agree with that? >> i don't. 1 of the surprises for me is how resilient housing and the housing market broadly has been in the last couple years while we raise interest rates. as you noted mortgage rates are above 7%. out of thought that would've slammed the brakes on the housing market. what we've seen is the single-family home market has slowed down. multifamily market or apartment building market has kept up much stronger and if you look at construction employment, it's continued to climb throughout this period we've raised interest rates. so it's actually a head scratcher for me, how is it housing has been as resilient as

it's been? at thank part of the answer is for the 10 years or so after the financial crisis, we simply didn't build it off units. homes or apartment buildings to keep up with our population growth. that demand is still built up there and were trying to work its way through. >> the limited supply and demand for that. having said that there is not more supply likely to come on the market rental. if you're a home seller looking at this environment year going to hold off right? that limits choices for potential buyers. how do you see that mexican standoff going? >> we hear this a lot when people aren't selling their homes because they've left in a low mortgage rate and don't want to buy a new home and get in more expensive mortgage. that makes a lot of sense but it also means it's 1 fewer buyer and the market. how it washes out is a little unclear to me. ultimately we know what we need to do any to get inflation back down to 2%. once we do that work at closer, we would be in a position to

down back some of our interest rate increases. you would expect that then to flow through to cheaper mortgages for american families. >> neil: let me ask you about given some of the inflation numbers we've seen and the robust economic numbers we've seen, market rates have been backing up over which the fed has no direct control. i am wondering now whether this has pushed off those expected rate cuts to either late next year or not at all this year. >> the data is going to guide us, we've been surprised in a concerning way about the first 3 months inflation data this year. the first half of last year we saw a lot of progress add -- as inflation fell back toward our target. they give us optimism that may be taught was i inflation is around the corner. now thanks seem to have stalled out. in my view we just need to sit and be patient until we see the data. hopefully will get convinced that inflation continues to fall back down the good news is as you indicated the economy

continues to be strong. consumer spending is strong and the labour market is strong. we are in a good position from which to take our time until we decide where to go with interest rates. >> take your time until next year? >> potentially. i doubt in march i'd thousand interest-rate cuts this year. that was before some of the data we've seen. i'm in the view of 1 need to weight and see it be patient and longs it takes until we get convinced it inflation is on its way back down to 2%. >> neil: so to be clear he would be an on that little plot where you compare rates and sea whether going and are you down to 1 right now? none? >> you know, we don't have to make that decision until june so i'm going to hold off making that decision that certainly the data we've seen -- >> neil: whispered in my ear right now --

>> i will whisper it during commercial, know. we need to see the labour market data and elation data and spitting. >> neil how much is all the spending complete -- accomplishing? it doesn't help your cause does it? >> it complicates things, we know a lot of stimulus was part of the driver, not all of it but a contributor to the high inflation we've seen. and i go and look at where his investment taking place and where construction is taking place, we know for example the spending on infrastructure and spending on new chip plans all of that on the margin is inflationary. is a big enough to move inflation at the national economy level? that's a little bit unclear. that cost purposes where you have some programs that are well-meaning and for good reason the congress is focused on. in the meantime are try to get demand down in the economy so there are some complications that were having to navigate

right now. >> i know you don't like the weight of the politics and everyone likes to say the federal reserve is about politics but it has moved in election years in the past presidential election years. we do know president trump had a big change in how he thought of jerome powell. he probably wouldn't reappoint him if he was president. how much does this environment weight on you guys? >> you know, in some sense it makes thanks easy because the higher the political he could turn -- gets turned up from either party the more we know we just need to focus on our goals that congress is given us. congress told us go achieve maximum employment and stable prices that we define as 2% inflation. we call it our dual mandate. the higher the debra jerk gets, the more we all hug the data and dual mandate -- >> neil: but people hooking

through the data through their own political point of view not all the time sometimes. a lot of people supporting donald trump say any cut interest rates would be unwise and only be meant to help joe biden. how do you answer that? >> i would suggest to them look at the data we talk about. we talk about what data we focus on all the time and we talk about what data we are looking at. look at the data, isn't matching what were saying is motivating our actions or inactions? ultimately i think that's going to be the proof, are we walking the walk that we laid out? >> neil: when you sea some of the names raised or hinted at, to be the next chairman, outsiders and people who are not presently serving on the federal reserve right now, with a host of former trump administration numbers do you get concerned about that? to ever say where am i on this

list? >> that's not my job to consider who's going to get appointed or what not, i will say any appointee from any president ultimately has to get it confirmed from the senate and i think senators on both sides of the aisle have said the fed picks are important and give them careful scrutiny and consideration. i've actually got a lot of confidence and our process that good people will continue to get appointed to the fed to grow this of who is president. >> neil: we've to term limits on presidents. it seems limitless for fed chairman, do you think 2 and done is good enough? >> you know, i think alan greenspan served more than 2 terms and i think did a very good job during his term. i think it will be up to the president to make the right call >> neil: it's a vary threading the needle answer, that was well played neil very good seeing again thank you ray much.

>> take you for having me neil. >> neil: oddly spells his name differently but we are always fighting over that, number not actually peer i just noticed. we have a lot more coming up including you know what happened yesterday the impeachment effort to get rid of the homeland security secretary didn't work. but there was a plan in place that would've made the whole thing a moot point that sort of fell apart, the bipartisan deal crafted by 1 senator james langford who is next - it's apparent. not me. - yeah. nice going lou! nothing like a little confidence boost to help ease you back in to the dating scene. that includes having a smile you feel good about. fortunately, aspen dental specializes in dentures and implants made just for you. and with flexible financing, you don't need to sacrifice quality work for a price that fits your budget. at $0 down plus 0% interest if paid in full in 18 months. helping our patients put their best smile forward. it's one more way aspen dental is in your corner.

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uptown new york city outside conley university things go volatile last night and again as hundreds of protesters this time and what they called a pro- palestinian rally. both sides and each other's faces, more next i went into a depression. how do you feel about that? pretty sad. and i posted it to show that kenny's not always happy. within 24 hours people had donated over $5,000.

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anything at all? are you concerned about the state? the position of having to defend you yesterday. is there an asterisk next to your name? going through an impeachment trial? >> neil: alright that was interesting. my arcus had nothing to say to tad -- ted but these are all legitimate questions because he dodged a bullet where he could've been impeached it was never a likelihood. he was impeached in the house but not convicted in the senate. was voted to be unconstitutional. senator james langford the republican crafted together the bipartisan deal looks like a could've removed any of the separate palace country but it never happened. the senator kind enough to join us, good to sea you again. >> it is a you. >> neil: you think about it, your work and working with others to come up with a plan to

at least address some of these issues at the border. it alternately never happen, and had a good deal of support but didn't go anywhere. the other issue didn't go anywhere, he is still staying in his jobs. wants to stop me from thinking nothing changed? >> 5800 plus yesterday across the border illegally that continues to be day after day and the media looked away from what's happening at the border but it continues to be chaotic. my issue is always been our work with anyone on either side of the aisle who is willing to stop the chaos of the border if we can negotiate a deal to actually get this done we will do it. the white house has thanks they can do but they are choosing not to. congress has thanks they can do but they are choosing not to do and that leaves us with 5800 people a day's dull crossing the border while everyone is pointing fingers at everybody. and of the day we have to solve this it's a major national security risk. yesterday's nonimpeachment impeachment trial which was

painful to be able to deceive the future of the senate was 1 more painful moment to say were going to do something let's due it but yesterday was more drama then actually getting anything done because schumer was unwilling to actually have a trial after we have an impeachment. and again 5800 people crossing including special interest aliens that are known terrorists continue to come and we are not stopping at. >> neil: dew you think they had got past that measure which would've put a sealing at least on that number. we wouldn't be looking at what were looking at now and we wouldn't had seen or pursued and >> i don't know if we wouldn't have had an impeachment vote or not the house still has major problems there is a major issue with my arcus basically telling false information to the house. all because of other areas they've chosen not to enforce the law. don't know what the impeachment would've been in the house but we would've had 5800 people illegally crossing the border yesterday there is no way that

would've happened we do have had double the number of beds and change in the asylum standard a quick turnaround process in that bill so know we would've had a much, much smaller number than what we had yesterday. >> i raise this issue with your colleague john barrasso on where that finger pointed starting to shipping appointing started and more the expectation of president biden to do so then. i would like if you could respond to this if this president by executive order didn't do enough, and this measure wasn't enough it's fair to say both parties dropped the ball wouldn't create. >> this president in 94 executive orders is first hundred days in office throwing the border wide open inviting people from all over the world to come here over 150 countries many from communist china are here, 20,000 this past year alone. this is a president who refuses to enforce the law and has new interpretations of the law to

let more people in. the bill that was worked on and bipartisan way would've said 5000 a day, that's not good enough. >> neil: alright that what you referred to still 1 not of been good enough. what do you think we. >> i get a, some of my colleagues mention this it's actually factually not true the way the bill was set up as the first person i came across would've been detained and quickly screened and deported. so it was a very rapid turnaround from the very first person i came across the border but it also set up an extreme measure that if we had these large caravans and other folks who come in they would get 5000 it takes away due process when you get to that number and they're just detained and deported. so the first person detained screened quickly and deported if you get to 5000 they are detained and deported but it doesn't wait till 5000 to do some then, it did at the first moment. that was the great misnomer. what the senator was saying and that was actually cracked that

this is not just a may arcus issue it is a biden issue. the state department is no longer pushing people back to countries that the department of justice is no longer prosecuting folks, ice no longer gathering people in the interior and departing then. dhs not stopping people at the border this is the whole of government effort to advance the number of people coming in and not turn people around. >> you are real general -- gentleman about this and i know you're not trying to zing your colleagues but it's her colleagues in your party who torpedoed this, who didn't get the facts right on what you just outlined in that measure. they killed it. our not democrats. >> rate. it was and it was painful to watch a. stirred up in all the presidential politics and several of my colleagues started to look for ways after president drumm said don't fix anything but it's the single biggest issue during the election don't resolve this will resolve it next year. quite a few of my colleagues backed up and look for a reason

to shoot against it than walked away. that's a decision everybody makes. my issue is if we are pursuing everything we often end up with nothing if we are pursuing someone coming later to fix it, later seems to never come. when we have a moment to fix thanks we should fix as many things as we can than come back later and fix the rest. >> that's on donald trump senator. >> again he's got an office he is running for anna campion he is running, i'm already in office and i have a responsibility to carry on this i think everybody cares about -- carries a tush cares about the future of the country. president trump has a lot of other issues he is looking for. if we have president biden again this never gets any better and i think if trump does see it this way of people 1 folk we have other issues in the future. i've also had a task i've got to do and i've got to get this fixed. >> got it, senator good to sea you. thank you very much. in the meantime they are trying

to keep the column outside columbia university with these pro- palestinian now mixed protest going on. c.b. cotton has been there all day. c.b. >> reporter: hi neil pro- palestinian student demonstrators who camped out on the campus for more than 24 hours have finally been removed by the police but the chanting and rallies are far from over. i will have those details after the break. about dupixent. lowe's knows every color is the right color if it's from the brands you trust. whether you need paint or stain get our best deals of the season,

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comp does campus locked onto everyone except those with a cumbia id. but that has not kept pro- palestinian protesters from arriving here and continuing their rallying and chanting right outside the university's main gate. that's what we have happening here right now. we just heard chanting of what is a solution, revolution. we are hearing free palestine. a lot of chance coming from this group and we know there are several officers from nypd here in her right here that have been mobilized to have this defensive posture and keep the university safe. as for the student protesters who camped out for 24 hours on the campus, we know earlier this afternoon they were removed from the premises, the columbia university president said these students had been warned several

times both verbally and in written correspondence that these students were violating university policy. we know these students had been warned and they would be suspended if they remained in the encampment but several of the protesters took to social media to say they did not care and they were willing to take that risk. so right now where monitoring the situation but at this hour neil the protests are continuing at least outside of columbia university campus. >> thank you for all that, they're also keeping close eye on this at the police headquarters. alexis what can you tell us? >> hey neil this is an exclusive look inside the command centre downtown we'll be no more than 100 students were arrested. if you are brought here and we'll be booked on charges.

we'll check-in on the people from the nypd hooper working on this. thank you for talking to us, it's been busy out there. what was it like trying to get students on the campus? >> it's been going on since 9:00 yesterday. they took over the koran and took 45 or 50 tenths. last night they had a deadline 9:00 to remove the students. they did not. the students were protesting. they were pro- palestinian and protesting any investment the school had with israel. they wanted complete divestment from israel those with the demands. we discussed with them all day yesterday. a decision was made today to take them out at 1:00 and remove them. it was a peaceful removal the department to do a wonderful job setting the standard shown how to do properly. but was quite disturbing was 5 students left their classrooms and the language the reasoning

towards us was quite disturbing. but we got there and were professional. nonphysical altercations the kids were removed and the problem solved for today. 's a good job. >> talking about some of those thanks people were dealing with when you're asking protesters to leave and they were yelling thanks that you've as are you surprised students in these college kids academically or seen things like that to you guys quick. >> the language was vile and disgusting and of this is any indication of some of the youth in america we have issues. but once again we avoid a more neutral, got the job done. hopefully it stays that weigh. >> thank you very much. neil will take you to talk with the uppity commissioner also in charge of the german unit using to sea what's going on. tell me a little bit about what you has or seen on the ground from above? >> before the team went inside to help with columbia security taking of these encampments

resent the drone joan to give us tactical overview of what the cops are going to phase in. as you can see we get a birdseye view of what's happening in their. >> what was it like getting those kids at other? they had so much gear already out of the. is that they have bathroom set up and they're pretty upset he wanted them off campus. >> it was pretty horrific some of the things i saw inside of the tents. i would never expect to see that i columbia university groans. it was quite an eyesore if i can say. >> what to do say in their? >> a makeshift bathroom set up and also observed garbage smell like urine and some of the tents would do tush music lumley university you would never think they'd allow some delight that to happen on the campus. >> neil: it was quick movement but it took a lot of time. maybe next time they can coordinate quick and the nypd can move quickly to get them out

of the way neil. >> thank you for that alexis. >> neil: are thanks to our men in blue try to keep thanks safe. in the meantime the 12 person jury that will decide donald trump's fate has already been selected. another looking for 6 alternates, the latest from a4 after this switch to shopify so you can build it better, scale it faster and sell more. much more. take your business to the next stage when you switch to shopify. with schwab investing themes™, it's easy to invest in ideas you believe in. spot a trend in electric vehicles? have a passion for online gaming? or want to explore the space economy? choose from over 40 themes, each with up to 25 stocks

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back there really moving fast with this going on in lower manhattan juries lotion getting finished up. weave the latest from the new york supreme court made@just moments ago he said we have our jury has it been a roller coaster of a day? we started with 7 jurors that went down to 5 after taught over sent home now we are at 12. we still have 5 more alternates to go. the 2 sent home was sent home for different reasons. won was because the da office found the man with the same name was arrested in the 19 and is for removing conservative political science and another was a juror who had concerns her identity may be exposed after her friends and family questioned her about possibly being a juror. take a look at this video former president donald trump entering the courtroom just after lunch. he is not spoken to the media

today other then a brief moment going into the courtroom he told reporters he will speak to them later. the da office accused him of violating the gag order 7 additional times. the judge will decide in any potential punishment for that coming up tuesday next week but jury selection continues right now to find those other alternates. many prospective jurors does jurors were sent home as well including this woman listen... >> raise my hand that there can be unbiased partial to personal things. sorry about that. >> reporter: the judge is also expanding protections for jurors neil the court will not share where jurors work anymore instead we can share what field they work in. we are still going through the newest information with the newest 7 jurors neil, 7 were seated in the past their naming

minutes and i know 1 juror works in finance and another is 1 of the only people in america who said they don't have a strong opinion about the former president donald trump era so prior to today the court had said they are planning on opening statements for opening next week now that we have a full jury of their 5 alternates away from wrapping up jury selection and staying on schedule. back to you neil. >> neil: that is fast. nate foy on all that. we told you about this gag order prosecutors keep insisting donald trump has violated. no fewer than 7 times. the legal invocations of all that after this was tom dupree at three in the morning. any time of the day. what people don't know is that not all dirt is the same. you need dirt with the right kind of nutrients. look at this new organic soil from miracle-gro. everybody should have it. it worked great for us. this is as good as gold in any garden. if people only knew that it really is about the dirt. you're a dirt nerd.

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>> court has wrapped in lower manhattan in the hush money trial for jay trout. jury selection, they are just finishing with a few alternate selections. tom dupree on how fast this is going. what do you think? >> it is. we have the jury. you never know what you have until you get a verdict. i was impressed with how quickly this moved. the judge understood he had a task and wanted to get this trial underway. we have a jury they are filling out with the remaining alternates. >> how likely is that the alternates will be used?

>> there is a good possibility we will see at least one alternates it as a real juror. this looks like it is going to be a long trial and things can happen. people can get sick and fall out of jury service. it will be a high profile trial, and you could see one or more of these alternate jurors taking their seat on the jury when there is time to deliver the verdict. >> let me ask you about that gag order donald trump keeps violating. how is the judge going to handle that? >> with these gag orders, this is oil and water. the two don't mix. the judge telling trump what he can and cannot say and the president getting close to the

line and some cases. i suspect the judge may not be ready to drop the hammer on trump. he basically hunted this whole issue until next week. the signals the judge is sending is the recent tweet may not have crossed the line. >> it would be risky for the judge to throw him in jail. the judge has a wide range of lesser sanctions at his dis disposal. i suspect you might see the judge giving him a stern warning, reminding him of what he should not be saying, but sending him to jail would be extreme. >> why is donald trump penalized

for stating what is on his mind but michael cohen can say anything he wants. >> that is what is at the heart of a lot of this. the trial has caption the attention of america. trump is a leading republican candidate for president and there are huge first amendment issues at stake. it seems anomalous when you see trump's speech being restricted whereas other people connected in the case are free to say what they want on whatever topic they want. >> thank you for that. they have wrapped up the session today. they did not have activity yesterday. donald trump might say something, he might not. i am sure "the five" will be on top of that because "the five" is next. >>es