explore his lessons of faith, bravery and perseverance. available now on fox nation. tonight, "jesse watters primetime" judge jeanine. [laughter] >> jesse: tomi lahren and no, ma'am that steve. >> dana: okay. richard. america's first black astronaut candidate oldest person to reach space. he had dwight john f. kennedy nominated him tore the earliest astronaut corps. he wasn't selected buoy nasa didn't select black astronauts until 197 #. he finally made it to space. he was up there for 10 minutes and said it's a life-changing experience. >> dana: he said he didn't think he needed to do it in his life but when he did he realized it is what he needed. that's for us, everyone. have great night. >> bret: that was great show, dana. >> dana: thanks. we try. >> bret: all right. good evening. welcome to washington. i'm bret baier.

anti-israel protesters making their voices heard disrupting congressional testimony bite sofs by the vice president. democrats try to revive a failed border bill in time for the election and is the iconic home of elvis presley going on the market? we'll bring you there the latest on the fate of grace land. >> bret: but, first, breaking tonight, the defense has rested in the historic criminal trial of former president donald trump. the judge dismissing the jury until next tuesday now the judges and the attorneys on both sides are trying to decide on jury instructions. a crucial part of this trial and how the jury will eventually come to its verdict. correspondent nate foy is where he's been from the beginning, outside the new york state supreme court again tonight with the latest. good evening, nate. >> nate: good evening, bret. judge juan merchan didn't provide a ruling or a timeline of a ruling about trump's request to dismiss the case.

instead today, after testimony from bob costello, lawyers on both sides debated about the instructions that will be given to the jury after closing arguments and before deliberations begin when they will decide if trump is guilty or not. here's trump leaving court tonight. >> this is such an embarrassment of a showing of prosecution that i would imagine the judge wouldn't grant the judge to dismiss the case. you can't imagine it. there has been no evidence. there is no evidence. >> bret, during today's afternoon session trump's team asked judge merchan to explain to the jury that so-called hush money payments are not illegal. merchan said it came up several times at trial. and another instruction would go too far. merchan actually sided with trump's lawyers though about a key matter of the instruction. prosecutors, of course, argue that trump falsified business records to illegally influence

the 2016 election. but the jury instructions will read, quote: if the payment would have been made even in absence of candidacy, payment should not be treated as contribution. so, if the jury thinks trump was motivated by his brand or his family, the bookkeeping charges could not be elevated to felonies. trump's team rested their case after bob costello's testimony today. he was the 22nd overall witness. the second witness for the defense. he testified about his close relationship with rudy giuliani and setting up a back channel to trump. costello maintains he used that back channel at cohen's request. now trump himself did not testify in the trial and today outside the courthouse his son don jr. said that it would have made no sense with how unfair the trial has been in his view. so, bret, closing arguments are set to happen on tuesday with deliberations set to begin on wednesday in the first criminal trial ever involving a former u.s. president. bret? >> bret: nate foy, thanks.

let's get some analysis now from george washington university law professor jonathan turley. jonathan, thanks for coming on. you were in the courtroom over the past couple of days and now we're in this parted where they are working on the jury instructions which i said at the begin something very crucial. what's your take about how that's transpired today? >> well, the jury instructions are really the key issue that is dividing the two parties here because they are worlds apart on critical questions. and, for example, the government wants the court to instruct the jury that it does not have to satisfy the higher criminal standard in establishing terms like using unlawful means to influence an election. the defense is saying hold it. you created a sort of frankenstein crime. you zapped a dead misdemeanor into life. you turned it into a felony.

and now you are saying that you don't have to prove the criminal higher standard for all the elements. and merchan is going to have to make that decision in the coming days. there are other issues that could be determinative and decisive for the jury. so, it's probably the least exciting part of a trial but it may be the most important as we see what merchan orders. >> bret: the other thing we have seen from merchan and you talked about this previously the way he has handled different cases, different witnesses, the way he dealt with costello, the last defense witness. and the way he, you know, comparison or contrast dealt with cohen and stormy daniels on the stand. now looking at what you see from costello the last defense witness. getting people out of the courtroom and the whole bad blood between the judge and

costello, do you think the defense made the right call ending on this witness? >> well, bret, you know that i said earlier that i would not have called costello, not because i thought he was a bad witness but because he opened up too many potential doors. in my view this case is collapsing by its own verdict. this verdict, if it was guilty, i don't know how it could be sustained on appeal. those attorneys in the room have a different set of issues. they are representing the leading candidate for the presidency. they want to take this case down now. they don't want to wait for an appeal. they know even if it's a misdemeanor conviction people are going to say is he a convicted guy. and so they brought in costello it played out as we expected. on cross-examination they used him to bring in this back channel to rudy giuliani and to paint him as a trump operative. in terms of his relationship

with the judge, i thought the judge was right to tell him you can't roll your eyes and you can't say things on the stand about my orders. but the problem is that the judge's rulings really were hard to justify some of those reactions by costello he sort of blurted out. he couldn't understand what the judge was doing. on a couple of those i agree with him. the judge has largely ruled for the prosecution. i think he has been right on a number of occasions. i don't want to vilify him but he has been a pro-prosecution judge in this case. >> bret: last thing. the fact that we are waiting until tuesday, a week from today, to start closing arguments and give this case eventually to the jury isn't that a long time considering where we are now? >> it's an eternity for the defense. because you want to go straight into closing arguments. they are going to go back in the world for almost a week they are

going to holl holiday picnics ad family members. saying things about this case. how unpopular they might be if they acquit or reach a hung jury. all of that works against the defense they are not expwessterred. they are not supposed to watch the news. but they are going to go back home in a saturated news environment surrounded by family and friends that are going to want to talk about only one thing and it's the one thing they are not supposed to talk about. >> bret: yeah. watch the news. pick up the phone. all kinds of things. jonathan turley outside the courthouse, jonathan thanks. >> bret: president biden is focusing on raising campaign known today. the israel-hamas war has proven to be a strain on his campaign's ability to bring in funds white house correspondent jacqui

heinrich has details from the white house lawn. >> jacqui: good evening, bret. after president trump outraised president biden by $25 million last month that is a first in this cycle the president was in massachusetts today trying to turn that trend around. but his support of israel is now also chafing against his donor base. >> george crop, who will reportedly raise $2.5 million for biden in boston today told the "times" this israel thing has been a catastrophe for him. biden needs to suspend arms shipment for both humanitarian and political reasons. if the election were told today, i would think he would lose. it comes as another biden donor, george clooney finds himself in awkward spot ahead of his own fundraiser next month starring obama and julia roberts. his wife amal, a human rights lawyer, defending recommendation as part of an icc expert panel to issue arrest warrants for both hamas and israeli leaders including prime minister netanyahu. the white house not convinced. >> we fundamentally rejected it. >> administration is discussing

bipartisan calls for sanctions against the court which holds no jurisdiction over the u.s. or israel. >> that's like saying after 9/11 well, i'm issuing arrest warrants for george bush but also for bin laden. it's a hit job. >> team biden. [free, free palestine] >> turning the attention elsewhere. >> the former president of the united states who praises dictators, took to social media and highlighted language from nazi germany. and it s. pulling. >> the now deleted video posted to trump's truth social account references a unified reich amid other ambition fess wins in november. the campaign says it didn't create a video and staffer shared it without seeing the word. >> mr. president, your reaction to donald trump using unified reich in a social media post? your reaction? >> [inaudible] >> trump meantime is slamming biden for his announcement to release a million barrels of gas from the strategic reserve ahead

of the july 4th holiday. trump was outside court this morning slamming that decision and saying that president biden has ruined this country's energy independence, bret? >> bret: jacqui, yesterday, president biden had to correct himself or the white house corrected him after saying the u.s. hostage -- a u.s. hostage being held by hamas was at the white house today we learned he had other gaffes. >> we got the transcript from the president's sunday speech to the naacp and it included nine corrections that the white house had to make on both factual errors and pronunciation errors. for example he wrongly said that he was vice president during the pandemic when he meant recession. he also called insurrectionists erectionists among other errors like getting the amount that he has saved americans on their health insurance premiums wrong for a second time. bret? >> bret: okay, jirk on the north

lawn. the dow gaining 66. the s&p 500 was up 13 for another new record close. the nasdaq rose 38, also a new record finish there. >> the president's top dip defending his boss' actions during the israel-hamas conflict. the war there. secretary of state anthony blinken was on capitol hill today for a paver hearings that at times got heated. we will get details tonight from state department correspondent gillian turner. >> mr. secretary, you may proceed. >> thank you, mr. chairman. i was saying the people's republic of china. [heckler: he is war criminal] the blood of 40,000 people is on his hand. >> gillian: secretary of state antony blinken on the hot seat facing off against anti-israel protesters first and then the senators. >> it seems like the world is on fire in part because of the weakness of our administration. >> you have presided over the worst foreign policy disaster of modern times. >> blinken was on defense against accusations the u.s. has

hamstrung israel's self-defense by withholding weapons shipments and warning the idf against invading rafah. >> senator, i was in israel five days since october 7th. i have been there five times since no. one starting with president biden has made sure they had more to defend themselves against hamas. >> he has face the criticism for offering condolences after the death of president raisi. >> it's something we have done many times in the past going back many administrations and many decades and we do as a normal course of business. >> well, i don't think it should be a normal course of business. i think it's shocking that this administration would mourn the death of the butcher of tehran. >> best way to stand up to iran in the region is for israel and saudi arabia to border security alliance. >> the choice that's increasingly clear is a choice between a path that leads to israel normalizing its relations while virtually all of its neighbors versus endless cycles of violence, destruction, death and insecurity. >> well, there is no rest for

the weary. blinken will be back up on capitol hill tomorrow all day lock to testify this time in front of the house. meanwhile tonight we are learning the u.s. capitol police arrested seven people today in connection with those protests at this hearing. bret? >> bret: gillian turner at the state department. gillian, thank you. israel's communications minister has ordered the government to return seized camera equipment to the associated press after blocking its live video of gaza earlier today. israeli officials seized the equipment after accusing the news organization of violating a new media law by providing images to al jazeera. earlier this month israeli officials used the new law to close close down the bases of al jazeera banning its broadcast and blocking its websites. up next, senate democrats try to revive a bipartisan border plan that went down in flames in february and some breaking news about the investigation at mar-a-lago about those classified documents.

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- to feel like myself again. - and now i know anything is possible. (gentle music) >> bret: congressional democrats trying to send election year signal to voters that they are serious about the border crisis. even though major changes in border policies have not been realized as of yet.

chuck schumer teeing up a test vote thursday on a bipartisan immigration package that collapsed in february. you'll remember that here is senior congressional correspondent chad pergram. ♪ >> chad: it's spring but senate democrats are worried about the fall. they are rekidnapped ling a bipartisan border bill which stalled over the winter. >> all those who say we need to act on the border will get a chance to act. >> democrats seemed to show voters that republicans buckled on a bipartisan border pac. >> ended up killing it at trump's direction. we find that voters are against convinced republicans aren't sincere about fixing the border. >> republicans say this isn't a real effort to find a solution. it's about democrats safeguarding their majority. >> chuck schumer is going to be in here trying to throw a hail mary pass to save vulnerable democrats. >> democrats hope to protect senators in tough senators races

like jon tester, bob casey and ohio's sherrod brown. >> this is a political stunt. >> a recent fox poll gave former president trump a 15-point advantage on the border over president biden. still, democrats deny the border is dragging them down. >> on the border issue here, are democrats vulnerable on that politically this fall and is that one of the reasons you are doing this. >> democrats are doing this because we believe in fixing the border. >> chad: in phone calls president biden implored g.o.p. leaders town lock border legislation. >> message to him was too little, too late. should have taken executive action a long time ago. >> senator majority leader mitch mcconnell was a little tougher. >> i said to him what i just said to you a while ago, mr. president, you caused this problem. >> chad: a test vote comes thursday, 60 yeas are needed to break a filibuster. it's expected to fail. bret? >> bret: chad pergram up on the hill. chad, thanks. up next, one democrat, one republican, we seek common ground. first, here's what some of our

fox affiliates around the country are covering tonight. fox 2 in detroit as police clear anti-israel protesters at the university of michigan. video shows police pepper spraying protesters and demonstrated clashes with officers. there were four reported arrests for resisting and obstructing. fox 31 in denver as a colorado man pleads guilty to torching an innocent family's home in the middle of the night killing five people, including a toddler and a baby. the crime by kevin buoy is said to have been out of revenge for the theft of his cell phone. authorities say none of the victims had anything to do with the stolen phone. and this is a live look at philadelphia from fox 29, our affiliate there. one of the big stories there tonight, the city is putting an end to the covid era remote work policy and requiring all full-time city employees to return to the office five days a week starting in mid july. mayor cheryl parker says the policy will create a more visible and accessible government. that's tonight's live look outside the beltway from

"special report." we'll bjust some of the storiese the beltway. we'll be right back. ♪ ♪ don't thrill you ♪ hope they don't kill you ♪ welcome to the workweek ♪

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>> navy in disarray. this is accusation malpractice and terrible waste of time and resources. >> insufficient maritime capacity impacts peace time trade and supply chains but also has a great impact on our ability to move things we need to move if we're engaging in combat. >> bret: well, navy secretary up on capitol hill and there you see some senators talking about the need for the maritime component to increase its time for our "common ground" segment where we look at bipartisan approaches to some of the nation's big issues. joining us tonight florida republican congressman mike waltz and the man you just saw there at the end arizona

democratic senator mark kelly. gentlemen, thanks for coming over. >> thanks, bret. >> bret: senator, you have been working together across the aisle on this issue. we heard your soundbite there at the end. why is this so important right now. >> national security issue for us. it's a supply chain issue. if you go back to say we go back to world war ii, 19450, we had 10,000 ocean going u.s. flags merchant vessels. when i left the u.s. merchant marine academy graduate of that school we had about 400. when you flew in combat the first gulf war. 1400 ocean going vessels. now in the report less than 200. when you look at ones foreign commerce, that number is 80. china has over 5,000. >> >> bret: if you look at this report and you consider that 80% of the global trade is ocean shipping, it's pretty stark and these numbers in this report and you just outlined some of them there, but between the u.s. and china and where we stand, it's

amazing to look at those numbers. >> this is a bipartisan, bicameral kind of ringing the alarm bells of how much our maritime power, our ship building, our ship repair has declined and laying out a strategy to start rebuilding that and just as manufacturing left middle america, in the 70s, 80's, 90's, and went abroad, our ship building has done the same thing. now, put it by point of comparison with china, last year china received 1500 orders for new ships in shio ships, l and g carriers, tankers. do you know how many we received? five. they are building a massive navy on the backs of a massive commercial ship building fleet. ours has atrophy sod bad that even if we had a new president come in and say i need a 500 ship navy, we need a reagan style build-up. we no longer have the steeled

aluminum, the shipyards to do it again and that's what senator kelly and i's strategy lays out of how to bring that manufacturing, that ship building back to america. >> bret: the report, the recommendations, senator, reversing decline of america's maritime power, grow ship building capacity, global fleet, evaluate critical infrastructure and ensure navigation accelerate polar sea bed and undersea warfare capabilities. sounds to me like that's a big price tag it. seems like it has atrophied. >> decades. >> bret: both republican and democratic administrations. >> decades. we only have 20 shipyards in the united states that can build ships. most of those have to build navy ships. so the merchant marine has atrophied. there isn't the financial imperative, really, if you are say somebody is interested in building ships and turning this into a business. hard to make money right now in

the u.s. with a u.s. flagged u.s. crewed vessel. we have to change the incentives. we have to build the workforce. we need about 2,000 more mariners. we need 10,000 more ship yard workers to build the ships look at that china is doing with maritime and naval capacity, just harassing their neighbors, that 9-dash line where they are trying to take over more territory. that's all about having, you know, the maritime capacity to project power. and we have lost that over decades. >> bret: with, you know, the budget hawks in your party, congressman, with debt and the debt clock ticking all the time above 31 trillion, when you look at something like this, you say it's really important but there's a lot of things that are important for us. >> sure. >> bret: where does this stack? >> well, this stacks right up at the top, bret, one of my

disappointments was to see zero dollars from the bipartisan infrastructure deal, the 1.2 trillion big infrastructure package, none of that really went to our shipyards or ship building or ship repair. so, step one, i think we could shift some of those dollars in the out year that have already been appropriated. i think the bigger piece, bret, is public-private partnerships. as the senator said how do we incentivize investment even for investment south korea and japan have taken up a lot of the slack over the years. we get them to invest back in. but, much like spacex revitalized the space industry, i think there are public-private partnerships that can revitalize the ship building industry. is it doesn't have to be all government tax dollars. >> there are ways we can do this and find the revenue somewhere else. we are looking at that how do you -- when you think about 98% of all cargo coming to the u.s., trade, doesn't come on u.s. ships. so, i mean, the first place to look is right there. >> bret: last thing.

for people who say stuff doesn't get done in this place behind us, and it's too partisan to get things done, what do you all say in response to that? >> well, look. i would say that elements of this strategy will be in this next defense bill. we are -- we are realizing the problem. we are realizing how far behind we have let this slip and how far behind we are with china. they can all of those merchant ships out there cranking out out there, thousands and thousands of them, they can number one turny one of them into warships and number two, they can choke off america's economy tomorrow. we will get this into legislation, and we have to press the administration. this is not just a navy problem. this is an all of government, all of society, it's about having wrench turners, welders and ship builders and getting america back to building things again. including the very things that bring -- the elements that our economy need from overseas. and export what we're producing

here in america. >> bret: congressman, senator, thanks for the time. >> thank you, bret. >> thank you. >> bret: you can see on the "common ground" segments find that all-star panel pot ofs pofts.com also see this whole discussion on the fox news youtube page. up next, america's power grid under strain from increasing demand and threats of cyber attacks, how it could all mean rolling blackouts this summer and, again, breaking news about mar-a-lago and that investigation into the raid there. stay tuned. ...so he scheduled with safelite in just a few clicks. we came to his house... then we got to work. we replaced his windshield... ...and installed new wipers to protect his new glass. >> customer: looks great. thank you. >> tech: my pleasure. >> vo: we come to you for free. schedule now for free mobile service at safelite.com.

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>> bret: breaking tonight as mentioned before we are getting a look unnewly unsealed document in which former president trump's attorneys argue the biden administration justice department authorized the use of deadly force if necessary during that raid of the former president's home at mar-a-lago down in florida as they're searching for classified materials. again, this is an exhibit that is just one of many documents released by the judge aileen cannon in recent days. correspondent kevin corke has these breaking details as they are coming, some 400 pages released just in the past few minutes. good evening, kevin. >> good evening, bret. i have been going over it. it is quite shocking what we have been able to glean based on

what judge cannon has released. as you mentioned the biden administration authorizing the use of deadly force during the fbi's raid on former president trump's mar-a-lago estate in august of 2022 as part of its investigation into classified records. that, again, according to court documents. now, an operations order bret produced in discovery as part of special counsel jack smith's investigation into the former president's alleged improper retention of classified records, revealed that the fbi believed its objective for the mar-a-lago raid was to seize classified information ndi and government records as described in the search warrant. here's where things get very interesting. the order, according to a court filing, contained a policy statement regarding the use of deadly force which stated, for example, law enforcement officers and the doj may use deadly force when necessary. according to the filing, the doj and fbi agents planned to bring standard issue weapons, ammo,

handcuffs, and medium and large sized bolt cutters but they were also instructed, according to the filing, to wear unmarked polo or collared shirts and to keep law enforcement equipment concealed. mr. trump was charged out of smith's investigation into the classified documents circumstance. of course, he has also pleaded not guilty to all 37 felony charges stemming from smith's probe. including the willful retention of national defense information, conspiracy to obstruct justice, and false statements. additionally, bret, newly unsealed court records show more classified records were discovered and former president trump's mar-a-lago bedroom. four months after that 2022 fbi search of the estate. those records were discovered by lawyers for mr. trump and all this comes as he is seeking to have his federal criminal prosecution tossed out. this there is one other note i want to share. the judge in the case, secretly ruled federal prosecutors could

interview mr. trump's lawyer, evan cochran, despite claims that would violate attorney-client privilege. federal judge baylor howell in the had h newly released 2020 recording knowingly no excuse is provided how the former president could miss the classified marked documents found in his own bedroom at mar-a-lago. she also went on to say other things like there's no reason not to allow this to happen, meaning the conversation with his attorney. now, the fbi search of the estate lots of classified material you and i talked about that for some time. bathroom, bedroom and ballroom stage this is happening as this documents case is on hold indefinitely, bret, as pre-trial motions are being debated by the federal trial judge, aileen cannon. in that trial by the way may not happen until well after the november election and then, of course, if mr. trump wins, that could change, too bret.

>> bret: right. this is all part of the pre-trial documents ever documents judge cannon has been releasing. one of those filings by the trump attorneys is how the classified materials were handled by the fbi in this entire process. but this one, you know, there may be some people, kevin, who say that this is just a policy statement of standard operating procedures put inside this operations order for this specific raid. but, obviously, it's not standard operating procedure when you're going into the house of the former president who happens to be protected by secret service and one would think that would be different. this is saying that there were 25 miami fbi agents, four washington fbi agents. one unidentified individual from fbi headquarters. one doj attorney, and the assistant u.s. attorney for the southern district of florida. >> kevin: so remember this, too. >> bret: a lot of people there. >> kevin: compare and contrast how the fbi and the government handled this raid at mar-a-lago when compared to how it handled,

again, looking into alleged retention of classified documents and other material by the current president joe biden, including material that we have seen left in his garage and other places in pennsylvania. the comparison is quite striking, bret. >> bret: that's what the former president's attorneys are bringing up time and again. we will see where this goes. thanks for jumping on the breaking news, kevin. >> kevin: you bet. ♪ >> bret: half the country could, could experience blackouts or brownouts this summer. president biden's push for renewable energy, according to critics up on capitol hill is not helping that matter. congressional correspondent aishah hasnie has that story. >> tonight senators on both sides of the aisle are sounding the alarm about the nation's overwhelmed power grid. >> this is brand new numbers. and shows half the country at elevated risk of blackouts this summer. >> in recent years, demand for

electricity has spiked, thanks to manufacturing, bitcoin mining, a boom in artificial intelligence, and a push for electric vehicles. also last week, federal energy regulators announced a new rule forcing grid operators to plan for electric growth while introducing renewable energy. the head of the american electric power company today warning senators that's overly ambitious, over traditional energy. >> i love to see renewable on the grid, but you cannot substitute 24/7 dispatchable generation. >> republicans say biden's green push is making the nation's grid even more vulnerable. >> president biden doesn't seem to care at all. he wants the cost of complying with epa rules to be high. he wants to force operators to shut down these plants before the end of their useful life. it is a disgrace. >> democrat senator joe manchin agrees. >> but you can't take something off before have you something equal as good if not better to replace it with. they are just damned to do it

because of the political reasons. >> some lawmakers though say inaction could make the outcome much worse. >> the cost of not addressing climate change dwarfs the cost of addressing climate change. >> and, bret, all of this comes as, of course, the grid also faces the rising threat of cyberattacks every single day and increased pressure from this ai race that we are in with china. lawmakers on the hill say that we need a stable power supply to win that race. bret? >> bret: aishah hasnie live on the hill. aishah, thank you. >> got it. >> bret: up next, the panel on tonight's breaking news about that mar-a-lago raid, the documents we are getting. plus, the defense rests in the criminal trial of former president trump in new york. and then the secret to a very very long marriage. ♪ let's get started. bill, where's your mask? ♪

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would be the nuanced wording of the instructions. if the money would have been paid anyway and the judge is willing to instruct the jury that way, that moves the ball a lot further towards the not

guilty yard line. >> bret: so, the prosecution, the defense rests. the judge and the attorneys coming up with the instructions to the jury the jury is not going to hear closing arguments until next tuesday. byron york. kevin roberts, and olivia beavers, congressional reporter for politico. okay, byron, this kind of all came to an end, as far as witnesses and now it's really the important part, according to legal experts. >> it is. it's the super important part, which is what is the judge going to say to the jury. the last words they hear before they are going to go off and deliberate? and a lot of things that we have been talking about for the last six weeks, the two sides put before the judge. like the defense said could you please tell the jury that hush money, nondisclosure agreements are not illegal. no, the judge said no i'm not going to tell them that have you said that in the trial.

i'm not going to del them that we talked so much about this "other crime" what is the other crime that trump allegedly intended to commit that the prosecution didn't specify? well, the defense asked at least county jury be unanimous about what that other crime is? i mean, they can't pick between a, b, and c, can they? well, actually they can. the judge decided to let them do that. a lot of really really important decisions with being made right now. >> bret: we have a fox poll, olivia, about the view of former president trump's treatment by the legal system, really, you can imagine split along party lines. there you see the breakdown of republicans 85-13. democrats, 89-9. independents, you know, 52-43. it really does depend -- and the political fallout about a possible conviction, how this is played, it doesn't seem to have moved his numbers up until now but we don't know what the jury is coming back with. >> we don't. you know, the big number there

for me is independents. right now you have donald trump and joe biden fighting for those voters. they are both nikki haley and the support she has. and if that's where donald trump could lose his support if he is convicted ultimately. that's one some of the polls seem to be showing. >> bret: brad smith has been fec expert. and he had this piece. byron put it what would i have told the trump jury? trump has been outspoken opponent of what he views as the over application of campaign finance laws. smith was not going to give the jury his views on the specific charge against trump. he knew the judge would never allow that and he didn't intend to try. instead, he had been allowed, smith said he wanted the jury to know about the complexity of the campaign law. and other things if they had filed as a campaign violation, it really wouldn't have been filed until december, well after the election. >> the problem is that's, yet,

another example, bret, of the persecution, not prosecution of a former president, not allowing that testimony, you couple that with the behavior of judge merchan yesterday with another witness, bob costello and you realize that this really is a sham. this is what third world countries do. i will say sorts of piggybacking about the polls and olivia's good point about how this may cut. as i travel the country, bret, what i hear including from people who aren't necessarily in trump's camp politically, is that they see a lot of courage in him. he has got no self-interest in this other than his love for this country. and actually think this is going to cut in such a major way in his favor that if the election were held today, it would be a landslide. >> bret: you know, there are people though, byron, who looks at the same case, the same scenario and say this is going exactly the opposite way. and that this time for the jury is only going to compound the problems for the defense. it's the same people looking at a different result. the people who are the so-called

experts cannot really agree on this at all. and i try listen to a lot of people who have very different impressions from mine to figure out whether what they are saying is valid. but, you know, going to kevin's point here, the republican base is absolutely united in one belief. and that is they think donald trump has been unfairly targeted. by law enforcement since 2016 when the trump russia investigation began and ended up the mueller investigation. they absolutely see this as a continuation of that. and the other three indictments against him, as well. and it's -- if anything, a guilty verdict would actually probably strengthen their support of him. it's that group of people that olivia was talking about, who might change their mind if trump was convicted that we don't really know. >> bret: let me ask you about this raid and the documents we're just seeing unsealed by

judge aileen cannon down in florida. this is part of the trump effort and it's an attachment to it. and it just gives the order of what the agents are supposed to do in that mar-a-lago raid. it may be standard operating procedure that they put if there be, the policy. obviously it's not standard to be going to the former president, who has secret service. >> it's kind of worrisome. actually. they really appeared to be loaded for bear and prepared for the possibility of some sort of violent confrontation with the secret service. i mean, the men and women who are guarding a former president who are probably significantly armed themselves. and, yet, the idea that it was prepared for this way as opposed to say worked out in advance is just really troubling. >> bret: olivia, let's talk politics up on the hill. another vote on this bipartisan effort on immigration which failed back in february. that's all about points, right? >> it's all about points. and i think about reinforcing their message.

republicans in the house have basically said we are not going to support it. we have already passed hr 2. you should take the legislation we passed. but i think they are trying to make a point by bringing this back up and saying we tried to get something done. >> bret: is that a vulnerability for republicans that senate bipartisan deal? >> it's huge. it was a sham bill in february. it's a sham bill today. would do nothing but make the situation worse. but it's a vulnerability, bret, because the speaker of the house, who is a good man and a friend, failed to deliver h.r. 2 again and it's a real vulnerability with the republican base. interestingly, the more time that elapses from not passing h.r. 2 or sending it back to the senate or putting political pressure on the senate, the more trouble that the republicans are going to have on that issue. >> bret: a big issue. panel, thanks. a little breaking news tonight. ♪ >> bret: finally tonight, a special day. we wanted to take you overseas. a german husband and wife celebrating their 80th wedding

anniversary making them the longest married couple in that country. god freed and ursula seltzer received a visit from their local governor to mark the occasion. the couple met during world war ii in ursula was 19. god freed 22. ursula 98 remembers her husband's insistence despite her reluctance. 80 years and three children later the secret to their long marriage is enduring love that still exists today. tomorrow on "special report," congratulations by the way. our "common ground" segment features democratic congresswoman katie porter and house oversight chairman james comer their first interview together on landmark ethics reform legislation. >> we will bring had you that story about grace land we mentmention earlier as well. thanks for inviting us into your home tonight fair balanced and unafraid. here's laura. ♪ >> good evening, everyone. i'm laura ingraham. this is "the ingraham angle" from washington tonight. thanks so much f