i am doing this because our country needs it. our constitution is under threat. our country needs it. so here i am. >> dana: that was his point trying to say to his voters or people he would like to try to convince to vote for him i'm here and will do all this. i will be back on the campaign trail. >> bill: maybe they even schedule something tomorrow. may 21st. they will take a big old fat break until may 28th. and on that day they will do closing arguments. so i would imagine sometime in the afternoon, maybe, the jury gets to go behind closed doors and take an initial vote and then the schedule is for wednesdays to be off. will he give them wednesday off? gowdy said in south carolina we would do it now. >> dana: here is harris. >> harris: we begin with this

fox news alert. minutes ago the defense for donald trump rested and the former president will not be taking the stand in the new york versus trump trial. the final witness for the defense was shot down. i mean every time he opened his mouth according to people in the courtroom, there was either a challenge or a reaction from the prosecution. and then the judge shut him down. what is really going on inside that courtroom? what's really happening here? i'm harris faulkner and you are in "the faulkner focus." court is now in a break until 2:00 p.m. eastern. so we have some time to digest what just happened. the drama unfolding from the very moment in this trial especially when michael cohen was on the stand, four days of him. the prosecution's star witness who lies as he breathes. and when he left, it was all added upon by the fact that he admitted to stealing $60,000

from the trump organization. that happened yesterday. cohen confessed to stealing the money from the trump organization while he worked there and worked for the former president. the "new york post" cover adding to his resume liar, con artist, thief. wow, look at that. we knew most of that, though, before he took the stand. fox news legal analyst gregg jarrett says the admission was a surprise that could sink the prosecution's plans. michael cohen's first legal advisor, robert costello, was the final witness for the defense. started yesterday and finished today. at one point judge merchan got so frustrated with bob costello yesterday that he excused the press and scolded costello for his courtroom side eye. the judge says he will consider the defense's motion to dismiss the case. trump's team adamant now that the prosecution failed to prove a crime. here is the former president

just a couple of hours ago. >> like to be on the campaign now but almost five weeks in court. they have no case. there is no crime. >> harris: senior correspondent eric shawn is outside the courthouse now with what happens next. eric. >> next this afternoon is the charging conference. that's when the judge -- the lawyers and judge discuss what they will tell the jury next week during closing arguments. the headline right now, testimony is over. former president donald trump did not take the stand in his own defense. that is his right to not do that. perhaps one reason the trump defense team decided not to put the former president on the stand is that they believe and are confident that manhattan district attorney alvin bragg has not proven his case. the last witness that this jury heard from was, as you said, robert costello. costello, a former trump ally

and lawyer talks a lot about michael cohen. he said that cohen is full of it and has said that cohen lied on the stand. costello brought us back to 2018 when he said michael cohen came to him for advice and told him at that point president trump had nothing to do with the stormy daniels payoff and didn't know about it. this morning prosecutor tried to undermine him by showing he really was part of a pro-trump kabal in trump's corner showed emails suggesting that rudy giuliani served as a go between in costello and trump. costello denied he was trying to put the squeeze on cohen. when trump lawyer cross-examined him on redirect he sad did you ever pressure michael cohen to do anything. i did not. did you have any control of michael cohen? clearly not, costello answered a

bit sarcastically considering what we've seen from michael cohen. although costello denied it his emails corroborated some of the prosecution theory. if one of the emails he told cohen he had friends in high places and he was referring to president trump. now that the jury instructions will be gone over in a meeting this afternoon, the next thing we'll see in this trial will be next tuesday one week from today when the jury will be back. that will be the closing arguments. then this jury will get the case. the judge dismissing the jurors letting them go home saying i will see you next week. closing arguments, then the jury gets this case next week. we could have a verdict sometime stimulate next week. >> harris: eight days and they aren't sequestered. this has been talked about for a last couple hours on fox and i'm wondering if that situation has hinted at being changed.

they go back to their jobs, go back to their lives. is that what you are reporting? >> that's correct. the judge always gives a typical standard admonition not to pay attention to the media or the radio or newspapers, don't go on social media, don't talk about the case with your friends and family. you have to rely on the honor of the jurors but i have covered a lot of high-profile cases. o.j. simpson was one. i lived above the jury in six months in the hotel. that's how isolated jurors can be. some suggesting perhaps that should be the case here, too. they are going home and be back a week from today. >> harris: eric, i appreciate that personal experience, too. you are somebody who has been inside and you know how this ought to work. you listed a whole lot of media platforms. hardly matter who is reading newspapers? everybody has a phone and with that phone comes instant information through text messages and other things that are not necessarily connected to

media. appreciate you. thank you very much. a new opinion piece from constitutional law expert jonathan turley says the trump trial is in tatters after michael cohen's testimony which he described as other worldly, quote, you have a disbarred lawyer not only casually discussing lies and uncharged crimes, but prosecutors who proceeded to get him to remind the jury he is not facing any further criminal charges. if any one of those jurors had stolen tens of thousands of dollars from the company where they were working, embezzlement, larceny, so many words we can use them. none legal, they would be given a fast trip to the jail. those are his words. yet cohen matter of factly said he plans to run for congress because of his name recognition. the ultimate proof it does not matter whether you are famous or infamous so long as they spell

your name right. end of quote. you have to check out that op-ed. defense attorney is here. is this a job that got bigger for the defense attorneys rebecca, for trump? these jurors go back to their lives for eight complete days. >> eight days over a memorial day weekend which means most of them will spend time with friends, family, neighbors, at barbecues. things will be discussed. it is hard for anyone, especially in new york, anyone in this country really is watching this trial, i mean, with keen interest. so i find it very hard to believe that the jurors will not be exposed to anything over the eight days that could affect their ability to be fair. >> harris: why aren't they see questions erred? >> i don't know. why has this judge done so many things? gag order on former president

trump. no gag order on any of the prosecutorial witnesses. we have a judge who seems to impose very uneven rulings on the defense and the prosecution. he is so pro prosecution and anti-trump that he seems to be doing things that would encourage them to not be fair. >> harris: i don't think this is the first time, at least in my experience covering trials, it might be pro-prosecution. you know, people, human beings choose favorites but in this specific case it is not just that he is looking at the state or federal case and leaning in that direction. it is political. the whole thing is political. what does this mean when the judge sides with the prosecution? >> this has devastating effects to democracy. look at what we're seeing. we're seeing a political opponent being dragged through the mud in a criminal case in a

way to hold him back from taking the campaign trail, meeting regular americans, meeting americans on a daily basis on the campaign trail where he could really talk to them and get into his position. president trump doesn't have that ability right now because he is stuck downtown in a courthouse on a case that doesn't have any merit. there is nothing there, harris. >> harris: there is something there for joe biden. >> sure. >> harris: it kept trump sidelines. it hasn't hurt him until now in the polling and fundraising. biden must be chewing on his fingernails trying to figure out what is going on for himself. i digress on politics for a second. let's get back to the case. you have been on the side of trump's attorneys. what is the job now for preparing for client? you have jury instruction,

closing arguments coming. a whole lot coming down. what are you telling donald trump at this point? >> you are telling him sit tight. don't worry, we've got this. the summation is what we are going to do is lay bare the prosecutions case, there is no case here. a house of cards. they haven't made their case. you tell trump sit tight. observe the gag order even if you don't want to. it is better in the long run sit tight, let it go to the jury. if we get an acquittal, great. if we don't we go on appeal. >> harris: that won't happen until after the election so democrats get what they want. the big picture is you go back and likely win on appeal. maybe there was some reversible error along the way in terms of how it was adjudicated with this judge who has given it many times. i won't even say how many because everything i read it's either 15, 20 times for the

democrats. definitely got some politics going on here. we aren't sure to which degree that matters if you can't even get a witness on the stand to finish his sentences. what was going on for bob costello yesterday and today? >> what i understand is the prosecution just kept interrupting. which is a tactic. if you don't want the jury to hear a flow of sentence or thought keep interrupting. try to throw him off his game and interrupt so the jury has to -- it is difficult following some of this testimony. these are not attorneys. these are regular great people. >> harris: a couple are on the jury. yes, we have two on the jury attorneys. >> the rest of the jurors are not. so it is a hard to follow. you want to have a focus. they were trying to throw off that focus. >> harris: then the judge helped them. he seemed to help them by making their point for them and cutting

him off at one point. that was to -- yesterday was a whole circus. >> so we have a judge who we know his daughter fundraises for the democrats. can you ask me why he didn't step off this case before this even began? you have a judge who has interest in the prosecution winning. we have a judge who has interest in pushing the defense to its limits and allowing the prosecution to run wild. they allowed stormy daniels to talk about insignificant, salacious -- >> harris: but not bob costello to talk about things pertinent to the case. i don't understand it. >> you are making the point. one witness who favors the prosecution can talk about nonsense, things nothing to do with the case. a witness that has actual facts that directly relate to michael cohen and to the prosecutor's

case, interrupted constantly, objected, please don't continue. >> harris: i think obviously on most of what you have just said appeal is a softball depending on who you get. i never thought we would say this in america. but it really is -- it seems like it is potentially stacked. and now it is on this judge to prove that it isn't. what kind of jury instructions will he give? how fair will he be in the end? i'm grateful that you are with me for the hour. again they are on a quick break and when they come back after lunch you'll get the minute-by-minute. so much has happened in the last hour and want to get through that. republicans have united in their goal of blocking a border bill. i don't want to ignore the border. let's hit it hard today. democrats have vowed to bring this to the floor, the gop says it is nothing more than the left effort to score political points.

they have to do that because the president loses so badly on this issue it is like he is not even running. critics are very angry at the biden administration condolences over the death of the butcher of tehran. >> the number one state sponsor of terror. killed americans in iraq, plot, plan, scheme, your president joe has literally surrendered in the war on terrorism. >> harris: the former president of a rogue nuclear enemy also getting a moment of silence from the u.n. no big shock there. tammy bruce in "focus" next. it's good to get some fresh air. fresh air? hi guys! bill, you look great! now that i have inspire, i'm free from struggling with the mask and the hose. inspire? inspire is a sleep apnea treatment that works inside my body with a click of this button. no mask! no hose! just sleep. give me this thing. where are you going?

i'm going to get inspire. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com. when they're dehydrated, pedialyte is great for - wait... umm... isn't that for the kids? isn't this for the kids? ... yup. good point. well, when you're feeling super hot or super not, it's pedialyte. the #1 dr. recommended brand for hydration.

my daughter is mila. she is 19 months old. she is a little ray of sunshine. one of the happiest babies you'll probably ever meet. children with down syndrome typically have a higher risk for developing acute myeloid leukemia or just leukemia in general. and here we are. saint jude children's research hospital works day after day to find cures and save the lives of children with cancer and other life threatening diseases. she was referred to saint jude at 11 months. they knew what to do as soon as they got her diagnosis. they already had her treatment plan drawn out and they were like, this is what we're going to do. this is how long it's going to take. this is how long in between. this place is like a family to us now. like, i can't say enough how grateful we are to be here.

medical bills are always a big thing to everybody, because everybody knows that anything medical is going to be expensive. and we have received no bills since being at saint jude. we have paid for nothing. thanks to generous donors like you, families never receive a bill from saint jude for treatment, travel, housing or food so they can focus on helping their child live. for just $19 a month, you'll help us continue the life saving research and treatment these kids need. join with your debit or credit card right now, and we'll send you this saint jude t-shirt that you can proudly wear to show your support. anybody and everybody that contributes anything to this place, no matter if it's a big business or just the grandmother that donates, you know, once a month, they are changing people's lives and that's a big deal.

(♪)

>> we regret any loss of life. we don't want to see anyone die in a helicopter crash.

>> what exactly is official condolences? >> it's condolences on behalf of the united states government. >> i don't know why you offer condolences if this guy is as bad as you say he was. i mean -- >> because we don't want to see people die in helicopter crashes. >> harris: that was like weak tea without the tea bag. the state department spokesman tried to explain why in the world the administration would offer condolences for a murderer. an executioner. he is called the -- the guy is lethal. iranian president raisi is gone. died in a helicopter crash. he and other officials were killed. he was known as the butcher of tehran responsible for the mass executions of political prisoners and decades of torture, kidnapping and other sub human acts of repression.

republicans tore into biden. >> i think it's disappointing to hear the biden administration expressing condolences for a man known as the butcher of tehran for the thousands of his own people that he killed still leading a regime that chants death to america. i don't have condolences to extend. >> iran loses its leaders and this white house offers condolences. further coddling iran. >> harris: former united nations ambassador nikki haley posted this. raisi was responsible for the deaths of thousands of innocent iranians and people in iran and around the world are better off without him. the united nations showed reverence for the late iranian leader. the u.s. deputy ambassador stood for a minute-long moment of silence. his nickname was the butcher of tehran and they gave up space in

that forum, time, space and heart for this man. tammy bruce, fox news contributor. the bible says to pray for your enemies. i am not convinced too many people would do that in the u.n. it took them months to say the women on october 7th, jewish women had been raped by hamas savage. i don't have faith in their faith. >> it explains a great deal about the condition of the world and the condition of this administration. their inability to deal with issues of right and wrong. their position about israel. it was shocking to see. this is a moral moment. an opportunity to take the front lead on recognizing the nature of what the iran system has been. designated sponsor of terror throughout the world. we know, of course, the massacre on october 7th. thousands of his own people starting from 1988 on. the nature of continued massacres that we don't know

about and also for the democrats where is the gay community and the gay supporting democrats leading up to june where it is gay pride month we're supposed to embrace all the sexual minorities and all of that. for a nation that still hangs gays from cranes and throws them off the tops of buildings and these are the people that we are sending condolences for the people who do that? when the people of iran have celebrated the death of these monsters. it is extraordinary. >> harris: it requires that not just they know the facts and truth bend the citizens, too. when you attend some of those rallies, those so-called pro-palestinian, anti-israel jewish hate rallies, and you see the lgbtq community represented among them it's as if they don't know what iran does. i know they know. they are paying hundreds of thousands of dollars to go to

the schools on the planet. >> they can go to those schools and pay tens of thousands a year and still not know history and still not know what iran is doing. the degree of manipulation and indoct indoctrination. useful idiots. people who think they know what's going on but don't and are able to be moved along and manipulated into doing the wrong thing. so this is what is shocking. the u.n., the american administration. so this explains afghanistan, it explains the money that continues to go to iran after october 7th when we know that they are the sponsors of hezbollah. >> harris: we've made it through this president. you want to talk about useful idiots. that would be the definition of anybody who would cozy up with this level of an enemy.

>> it is extraordinary. >> harris: we are their puppet? what does it mean if you look even into short history. just short history. this is like being owned over and over and over again. the money kept flowing. now we are, you know, recognizing with a minute-long -- did they do a minute long for any of the victims of hamas? they could still be doing them. that's how many people they killed. and hostages still taken. >> this is, again, especially also with the icc action with arrest warrants for netanyahu and hamas. as though the two are morally equivalent. the moral relativism here is astounding. for our generation which really does understand what history has told us about jew hatred, terrorism, what's going on. the chinese and iranian people. we see barbarism going on around

the world and we know it and we are supposed to be leaders in the free world. for the victims, what does it do? it revictimizes them when we stand in silence for all the ted bundys of the world. all the btk killers of the world. a minute silence for their pain and suffering. who are we? that's the statement american voters have to make. who we are as human beings. >> harris: you cannot lead out of fear. biden is afraid of losing votes and that is clear. all right. republicans in both the house and senate are preparing to come together to block a border bill. senator chuck schumer is set to bring it to the senate floor for a test vote on thursday after it collapsed in february. house republicans say this is purely a political stunt with democrats trying to cover for the disastrous border crisis that has exploded under the president. the senate majority leader schumer with this. >> all those who say we need to

act on the border, we'll get a chance this week to show they are serious -- serious about fixing the border. i implore my republican colleagues to join us in advancing this bill. >> harris: what happened to the executive actions that were talked about 15 minutes ago by this president? >> the height of political theater. this is a lot of noise and dancing and colors but the president could change things immediately. this is to try to save some of these democrats running for office now that immigration has become usually one or two when it comes to the top issues. it is cynical. it means nothing. they could have stopped this months ago, years ago. they chose not to. now they are trying to gas light you again. typical. >> harris: president acting out of fear of losing votes. >> again. >> harris: big action in former president trump's new york criminal trial. prosecution and defense have rested and the jury has been sent home. back to their lives for eight

days and they aren't sequestered and they have cell phones. you fill in the gaps on how much they'll talk about this case. the former president will not take the stand, of course. and court resumes in less than two hours now, we're told. the judge and attorneys again hashing out on each side how they will instruct the jury. the judge will make that determination. what will he tell them? we are live in court at the courthouse, rather, next.

veteran homeowners need cash but worried you can't get a home loan because of your credit? here's great news. at newday we've been granted automatic authority by the va to make our own loan approval decisions. in fact, if y've had credit challenges and missed a payment along the way, you're more than five times more likely to get approved for the newday 100 va cash out loan. no one knows veterans like newday usa.

ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> harris: trump attorneys and prosecutors set to return to the courtroom shortly to discuss jury instructions. they are out for lunch right now. today both sides rested in the former president's new york criminal trial. jurors have been dismissed until next week when the judge expects closing arguments to begin. jonathan turley, george

washington university law professor and fox news contributors. jonathan, i didn't know if we would ever come a moment where i have to ask you this. what was the judge thinking when he got so offended by something that my teenagers sometimes do and they get in trouble, too, but i don't kick them out of the house for rolling an eye. >> yeah, you know, it was not the best of moments. in defense of the judge, you know, you can't roll your eyes or say things as a witness. the judge is trying to get control of his courtroom. the problem is why costello was doing that. and he was responding to the fact that the prosecutors were constantly interrupting with objections, not letting him finish statements. those objections were not valid and the judge had just sustained one that frankly he should have rejected. and costello sort of blurted

out, you know, geez. and later rolled his eyes. so i think costello was under sort of tighter control today by his own choice. i think that was a good thing. the problem is that these controversial rulings continued. in fact, the judge finished costello's testimony with a real doozy. during direct examination, he was asked about an email and the prosecutors cut him off when he was trying to explain what a particular line meant. and the judge allowed that to happen. well, the defense came back and said would you like to finish your answer, and the prosecutor objected and said beyond the scope. now, the judge should have just said i don't think so. that is the scope. he is being asked about what is meaning of the line is. the judge sustained the objection. and many of us were dumbfounded. >> harris: why did he do that, do you think? >> i don't know if he didn't

listen to the objection or if he didn't really care. he was dead wrong on that. and that's one of those moments where we're left scratching our head saying look, judge, for the love of god, you've got to have the same standard for both sides. it is not that this judge is universally wrong. he has had moments where i think he was right even when he has gone against the defense. but overall, no, i think he was much harder on the defense than the prosecution. >> harris: maybe made you want to go geez and roll your eyes. phil holloway, former -- >> i have that luxury, yeah. >> harris: we do. we're all human beings. he was just on the stand. phil holloway, former assistant district attorney will join our conversation. the minute jonathan started talking about behavior in the courthouse all i could think of is fani willis and the day she

came in -- and she is upset and shouldn't have been watching what was going on with nathan wade in that case, her lover who had to remove himself from the trump case. but i just think of that day and her huffing and puffing on the stand and all the antics and i think is the law being applied equally here? is what we're seeing in the trial in new york with trump being applied equally with when you have somebody maybe you like on the stand like a prosecutor? >> harris, it's being applied equally with respect to trump because they are all going all in to get trump every chance they get, whether they have a valid legal claim or not. it is not being applied evenly across the board to all defendants and all american citizens. what we have seen especially in the last couple of days in this courtroom in manhattan, is a reprehensible display of bias.

i am not referring to michael cohen. i am referring to judge merchan who is running a modern day starr chamber. his behavior in court about with costello is abhorrent. it doesn't make sense to me as an attorney how we can have a judge who is supposed to be calling balls and strikes but who has their thumb so much on the scale. in fact, he is standing on the scale tipping it in favor of alvin bragg. you can compare and contrast the judge's ridiculous behavior in court regarding costello, compare that with what we saw earlier in the trial where we heard everything that you didn't want to hear about latex from stormy daniels. >> harris: that was a lot. i have forgotten how stormy it actually got. i can hear, jonathan is outside the courthouse. i can hear people chanting and shouting. it is loud.

what is going on? >> it is loud. and it has gotten a little ugly at moments. there has been some confrontations between protestors. the police, nypd has done a really magnificent job. they are trying to keep everyone calm. i think they have been very reasonable with everyone. as the former president says, this place is a bit locked down. a very high level of security. but they are trying to allow people to protest and to exercise their free speech but yes, it is getting very loud and at some points you are not too sure if it will just stay verbal. >> harris: from what new york as seen on college campuses i would understand that concern. jonathan turley turned into a national news correspondent for a second. gentlemen, thank you so much. i appreciate you being in "focus." i'll pull you back when things get going. president biden is at odds with

the wife of an a-lister. an actor who is one of his big donors. he denounced the international criminal court's push to arrest israel's prime minister but george clooney's wife is among those leading the charge. in a moment that should have inspired the next generation lost, massive backlash to president biden's race-focused commencement speech. the power panel debates next. >> the shame that biden showed up with race baiting and divisive politics. he promised to unite this country. he has failed miserably. our clients love these. you have got to read the testimonials. listen. the proper annuity used correctly can be a tremendous tool to help you achieve financial security. here are the benefits. stock market growth, protection against market losses, compound interest and no annual fees. sound too good to be true?

if you have at least $100,000 to invest, get your investor's guide and see if it's right for you. let's get started. bill, where's your mask? i really tried sleeping with it, everybody. now i sleep with inspire. inspire? no mask? no hose? just sleep. learn more, and view important safety information at inspiresleep.com i'm jonathan lawson, here to tell you about life insurance through the colonial penn program. if you're age 50 to 85 and looking to buy life insurance on a fixed budget, remember the three p's. what are the three p's? the three p's of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget. i'm 54. what's my price? you can get coverage for $9.95 a month. i'm 65 and take medications.

what's my price? also $9.95 a month. i just turned 80. what's my price? $9.95 a month for you too. if you're age 50 to 85, call now about the #1 most popular whole life insurance plan available through the colonial penn program. options start at $9.95 a month. no medical exam, no health questions. your acceptance is guaranteed. and this plan has a guaranteed lifetime rate-lock, so your rate can never go up for any reason. so call now for free information, and you'll also get this free beneficiary planner. and it's yours free just for calling, so call now for free information. oh no. running low? with chewy, always keep their bowl full.

save 35% on your first autoship order. get the food they love. delivered again and again. (♪) [thud] only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you oh, yeah, man. take it from your inner child. what you really need in life is some freakin' torque. what? the dodge hornet r/t... the totally torqued-out crossover.

>> i think this is absurd, beyond outrageous. that's like saying after 9/11 well, i'm issuing arrest warrants for george bush but also for bin laden or world war ii. asme owe issuing arrest warrants for fdr and hitler. a hit job, not serious. we aren't targeting the population but the terrorists. these are awful charges and cast a terrible stain on the icc. really, really a distortion and travesty of justice. >> harris: the international criminal court is seeking to

prosecute the prime minister of israel for war crimes. he is the icc's target over retaliating against the october 7th massacre by hamas terrorists. president biden called the icc effort outrageous. the president's comments have put him at odds with one of his major donors. george clooney. george clooney's wife played a key role in the decision for the icc to go after arrest warrants and critics are not happy about what she is doing. "wall street journal" editorial board has this headline. icc disgraces itself over israel. jacque heinrich is live from the white house with the latest on this. jacque. >> george clooney's wife is one of the lawyers who was on the panel of experts who made the case for the icc to issue arrest warrants for both benjamin netanyahu and hamas leaders and makes things awkward for george clooney set to host a big

fundraiser for biden last month. she said she was justified in her decision saying we conclude there are reasonable grounds to believe that netanyahu and israeli defense minister have committed war crimes and crimes against humanity including starvation as a method of warfare, murder, persecution and exterm extermination. i believe in the rule of law and need to protect civilian lives. white house there are ongoing discussions with capitol hill bipartisan legislation in the works to sanction the icc over its decision. >> president biden: let me be clear, we reject the icc's application for arrest warrants against israeli leaders. [cheers and applause] whatever these warrants may apply there is no equivalence between israel and hamas. what is happening is not genocide. we reject that.

>> netanyahu slammed the icc decision as a hit job saying it would be like issuing arrest warrants for bin laden and bush after 9/11. there is no cause for why the court should even be investigating israel. it is not a party to the statute and has a fully functioning judiciary. >> first of all, the icc we still don't believe the icc has any jurisdiction in this matter and there should be no equivalence rendered at all. it's ridiculous to render equivalent israel and hamas. after what hamas did on october 7th. they need to be held accountable. in a military sense they are being held accountable. >> it might be an awkward party with george clooney, president biden, president obama and julia roberts all in the same area after mrs. clooney participated in leading the charge that the president fully opposes, harris.

>> harris: all right. we'll be watching it. boy, when hollywood sticks a toe in. jacque heinrich, thank you. >> president biden: what is democracy? the trail of broken promises leaving black communities behind. what is democracy? you have to be ten times better than anyone else to get a fair shot. today in georgia, they won't allow water to be available to you while you wait in line to vote in an election. attacks an black election workers who count your vote. insurrectionists who storm the capitol with confederate flags and called patriots by some. not in my house. they peddle a fiction, a character --

>> harris: can he divide us any more? probably. president biden is taking heat over that commencement speech at morehouse college in atlanta. he is trying to scoop up the black vote. that was over the weekend. morehouse is one of the nation's historically black college and universities. some opinion headlines criticized the address by biden as divisive, morbid and patronizing. all of those things and more. the "wall street journal" editorial board had this quote. president biden has lost support among black americans and the white house appears to have settled on a strategy to win them back. spread more racial division, end quote. black voters are also talking about it. >> race baiter. it is tough to hear that. imagine you going to college for four years, you know, ready to hit the world start a career and this guy is trying to set you back literally. >> we don't know folks to do things for us or people to baby us. it is kind of a disservice that

that pander to us. >> people are become -- not just because we're black or women or because we're men. they can't keep putting us in these race baskets. accountability season is here. >> harris: recent fox news polling shows biden's support with black voters has declined 7% since october 2020. and trump's support has spiked by 9% in the same time frame. power panel now. gianno caldwell and david carlucci. great to see you both. gi gianno, i will come to you. biden has his memory back from 1952, pre-civil rights. >> absolutely spot on. we don't need to remind people who joe biden is. i will take a second and do so. in 2007 he referred to barack obama as the first mainstream african-american who was articulate, bright and clean.

joe biden also said in 2020 if you don't vote for me you ain't black. he also said that he didn't want his kids growing up in a racial jungle. to send him out as the messenger to get black votes. this is the demographic he is losing the most. what joe biden and the democrats don't realize is the african-americans of today in that collage you showed, young folks, young voters don't think about things in the same way our grand parents do that experienced civil rights issues or jim crow and many other things. this is a much different group of people more concerned about the economic conditions on the ground than about race. and that's where he have is messing up. >> harris: it is not just your grand parents. some of us in between you and your grand parents and the experience is what informs you of where things really are. i don't know what his experience is at this moment. i want to get to this and david come to you.

the white house issued nine brutal corrections to biden's naacp speech in detroit. he mistakenly said he was vice president during the coronavirus pandemic. >> president biden: when i was vice president, things were kind of bad during the pandemic and what happened was barack said to me go to detroit and help fix it. >> harris: you know he was not vice president during the pandemic. republican senator mike lee of utah said biden has nuclear codes and he thinks he was vice president during the pandemic. it is troubling, david. >> well, we know that was an honest slip up talking about the recession and the work to restore the -- >> harris: do you know where you were in the pandemic? >> sometimes, yes. you know. but i think it depends on the lens you are looking through to say it was pandering.

i think that's not fair. this is about talking and paying respect to an important demographic that is young, black, college educated, young men and their tuition-paying parents. >> harris: let's check with one of those young men. did you feel like you were being pandered to or respecting you gianno, one man's opinion who happens to fit the demographic david just talked about? >> that's exactly what i was going to say to david. i'm black and harris is black also and we feel it was pandering. people within the community can say what we believe the facts to be. mostly most people agree with that. the democratic party has a history, they bring out the rappers and the r&b hosts and >> pandering is really rich. this was a successful speech. >> harris: that's one word for it. we have to go. i'll bring you both back.

"outnumbered" after the break. 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) lakesha: childhood cancer is-- it's a long road. it's hard. but st. jude has gotten us through it. st. jude is hope that you have a chance at life. and it goes such a long way for every child diagnosed with cancer because the research is being shared all over the world. it's awesome. [music playing]

♪ my back got injured very bad. i was off work for about a year. i heard about relief factor from my wife... i took it every day, three times a day, for three weeks. ...look at her and i said, "the pain is gone." and she said, "i'm glad it helped." i said, "no, you don't understand. it's gone." you, too, can feel better every day with relief factor, a daily supplement that fights pain naturally. call or go online now and get 35% off your first order.