>> julie: former president donald trump heading back to a

new york city courtroom this week with closing arguments set to get underway tomorrow, tuesday. in the first ever criminal prosecution of a former u.s. president. welcome to a new hour of fox news live. i'm julie banderas. >> rich: i'm rich edson. we could get a verdict this week after more than a month of testimony featuring 22 witnesses. the two sides are making their final case tomorrow. then a key moment the judge will deliver instructions to the jury sending them out for deliberations to decide trump's fate. >> julie: andy mccarthy pointing out the judge has a lot of power over this jury and how they view the case. watch this. >> try to see the case the way the jury is seeing it and in this instance i think the jury is seeing it through the lens of judge merchan, who has been very indulgent of the prosecution's dodgy theories here and i can sit here and poke holes at him at day. it doesn't make a difference.

we're not in there speaking to the jury. >> rich: peter doocy live at the white house how the biden team are preparing for the verdict. defense attorney is here with what to expect when closing arguments begin. we'll start with peter. hi, peter. >> good morning. whether trump is found guilty or not guilty, once there is a verdict delivered, we do now expect president biden to address it from here at the white house. according to a report in "politico" citing four biden officials who say by doing it here at the white house, president biden can show that the trump trial is not political but rather the end result of this system working regardless of the result. this is a president who will often joke to donors about trump's legal difficulties and about the financial strain that trump felt securing hundreds of millions of dollars for a bond. but nothing really about the ins and outs of the deliberations. this is a president who claimed that the attorney general is not

his personal lawyer so he won't tell him who to prosecute and who not to prosecute and that has led to a lot of silence about the news of the day. again, that is going to change soon. president biden will start explaining to voters that verdicts alone won't keep trump out of the white house. the only thing that can is a vote for joe biden according to a new report in nbc. president biden hasn't done a ton of on-script off-prompter remarks lately. this weekend he was having a hard time keeping people interested in a scripted commencement speech read. >> president biden: never forget is america's is the strongest not only lead by example of our power but the power of our example. you can clap for that. >> this week they will start wrapping things up in the trump trial and next week they'll begin the process of the hunter biden gun charge case in wilmington, delaware. last night president biden made

an unannounced stop in delaware at hallie biden's house. beau biden's ex-wife later involved with hunter biden and expected to be one of the witnesses in that case, rich. >> rich: peter doocy live at the white house. thanks, peter. >> julie: joining us now for a look what we can expect when tomorrow's closing arguments get underway a criminal defense attorney joining us. the jury listened to 22 witnesses. so they've had some time to sort of dissect this whole thing. michael cohen was, you know, supposed to be the star witness in all of this, a proven liar. but what say you as far as what you believe to be expecting when it comes to closing arguments? what are you looking out for? >> we all cannot wait to hear what select words prosecutors will flow from their lips to describe what was the falsified records for to commit or conceal, what crime?

and if so, to explain to us and the jury how he intended to interfere with an election rather than merely influence it? i can't wait to hear what they are going to say. >> julie: what do you think of the judge? a lot of people says this judge seems like he is working for the prosecution. listen to trey gowdy and "fox news sunday" and react to this if you will. >> look, i've had some pro-prosecution judges in my life, shannon. i ain't never seen a judge like this. he essentially walked in and asked the defense are you ready and then he looked at the prosecution and said are we ready? that's -- i was in the courtroom twice, two days and that's what i felt like. he was a member of the prosecution team. >> julie: what do you think? >> i think he is like most judges, the defense typically doesn't get the same rulings as the prosecution. i don't know that he leans as far to the prosecution side as

trey alleges. i certainly didn't think all the details about trump's alleged affair with stormy daniels should have come into evidence. i don't need to know whether he was wearing a condom or he was posing on a bed in his boxers. those things i think should have been kept out. overall, i think he is doing the best he can. >> julie: then when it comes to closing arguments, what do you see as the end all in all of this? do you see an acquittal? if you have heard from 22 witnesses as a juror that would be plenty of evidence or no there there as far as any evidence of a crime here. where do you see this going? >> okay, so having done trial work for 32 years, here is what we know with certainty. you never know what a jury is going to do. nobody really knows. i think that if the defense plays their cards right and says look, probably guilty, maybe guilty in the worst case scenario is not enough.

this is proof beyond to the exclusion of every reasonable doubt. if he did do this, and i mean trump as opposed to cohen exclusively, you have to then say really? he didn't have his wife in mind even though several people testified he did this action because he wanted to make sure his wife didn't find out about this alleged affair? well, you can't guess him being guilty. it has to be evidence. i think the defense argues that they just failed to prove their case beyond and to the exclusion of every reasonable doubt that a not guilty verdict should be forthcoming. >> julie: trump's spokesperson had this to say. >> these are not sequestered jurors. they should have been sequestered. in my opinion these jure ores are handling something that is unprecedented and unwarranted in america. and for them to be able to be out and about on a holiday weekend with friends and families who have opinions, who are watching the news, tv is on

the background at the pool party, i have serious concerns. >> julie: there were a lot of concerns first of all for this trial to be held in a blue city such as manhattan where, you know, i think the majority here are not fans of trump. when you don't sequester the jurors, how dangerous is that really honestly? like she just said people will spend memorial day holidays and anyone at that holiday picnic who knows their cousin is sitting on the jury of like the most historic criminal trial ever that they will ever sit on, how do they not talk about it and how do they not get influenced when they go to make a critical decision this week? >> unfortunately they do. anyone who says jurors are immune to what the public says or what they hear on the media are being dishonest. it happens. people discuss, how have you been? what are you up to? it happens. that said, i think the fact that you've got -- you mentioned it

earlier, that many of these jurors are anti-trump is more of a problem than the media. if you are looking at the media, most legal experts, if they are worth anything, are really questioning this prosecution case. they are wondering whether this case could have or should have been brought with a central character who you cannot rely upon to tell you what day of the week it is, cohen cannot be relied upon. he is a proven liar. therefore, i think if they do watch anything in the media, it would only benefit the defense side. >> julie: mark, thank you for coming on on this memorial day. we appreciate it. thank you. rich. >> rich: on this memorial day, ceremonies across america will honor service members who made the ultimate sacrifice. madison scar pino is live at ramsey creek state park in north

carolina. >> hello, here at lake norman the beach isn't open yet but families and friends are gathering today. they have some patriotic decorations out here and grilling. we're following memorial day events across the country. over the weekend in washington, d.c., flowers of remembrance, visitors paying their respects and resting flowers on the tomb of the unknown soldier. the event began with an arlington national cemetery historian talking about the history of memorial day. in houston, texas, there was a patriotic concert dedicated to fallen soldiers. the third year the city put on the concert and paying tribute to the sacrifices of military members. >> i think it is nice for, you know, for them to be here to show what they are doing now and yes, i think it is a really important weekend for all to remember and celebrate. >> we want to entertain the

community with local talent, patriotic music, love for our country, love for our military, and to honor those who have given their lives. >> closer to us in north carolina, the coca-cola 600 at charlotte motor speedway there is a giant campground of fans. the race is always on memorial day weekend. one veteran builds a different memorial each year to honor those who died in combat. we spoke to many veterans camping there like frank. >> it means so much because they are honoring fallen soldiers that paid the ultimate price. it means a lot to us veterans and i'm sure it means a lot to the world. >> a lot of stuff happened over the weekend. more events happening today. if you are driving to any memorial day events, just be careful because aaa says they haven't seen this busy of a

memorial day weekend on the roads in about 20 years. back to you. >> rich: madison live for us in north carolina. thank you. julie. >> julie: a showdown over raising taxes in california. why a ballot initiative is putting democrats on the spot in the golden state. plus passing the buck on the border crisis. top democrat claims the president's hands are tied when it comes to fixing it. but is that really the case? next. >> president trump used his executive authority. he closed the border. biden used that exact same executive authority and opened it up. he has executive authority. he just doesn't want to use it. what they are saying is completely false. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪)

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>> julie: the golden state could be heading for a tax revolt. businesses in california are apparently so fed up with out of control spending they are going around lawmakers and targeting voters directly to limit future taxes. gavin newsom is going to court to deny voters that choice. william la jeunesse is live in los angeles with the story. hey, william. >> julie, the taxpayer protection act is already on the ballot says simply if city or state lawmakers want to raise taxes they have to get voter

approval. the irony is governor newsom and state democratic party self-proclaimed champions of voter protection, went to the state supreme court to kill the proposition before voters can vote. they argue the proposition would deny government the money it needs from fixing roads and public safety to responding to emergencies. they also say the measure is unconstitutional. >> this measure constituents an unlawful revision so that it can't appear on the ballot. you also go from having decisions about taxes being made by a full-time legislature with professional staff. the voters simply don't have the capacity to do that. >> under the proposition 2/three of voters would have to sign off on all future tax increases both at the state and local level. it would also stop government from classifying fees as taxes.

>> what we have is essentially a 2--way street where the legislative power is shared amongst these two groups, the people on the one hand, the legislature on the other. but the people have the last word. >> so it says the group that opponents are scared because they would have a high likelihood of passage. cities and counties argue the proposition would starve government of money. >> 2/three is a very, very difficult number for any community to be able to achieve. >> this would slam the brakes on big government spending unless the supreme court pulls it from the ballot, we expect a decision in the next few weeks. back to you. >> julie: william la jeunesse live in l.a. thank you very much.

>> rich: president biden is under increasing pressure to get a handing on the ongoing border crisis. migrants enter moving from texas from california and arizona. one top democrat giving biden a pass. this is senator chris murphy of connecticut. >> the president has such limited ability to issue executive orders that would have an impact on the border. he can't conjure resources out of thin air. if he were to try to shut down portions of the border, the courts would throw that out, i think, within a matter of weeks. >> rich: joining us now is former judge andrew gould. what do you make of that? >> that's absurd, rich. the president absolutely has the legal and constitutional authority to enforce the laws on the border and the idea that he can't issue executive orders to deal with policies and

procedures is not based in any law. in fact, he has shown no hesitation to issue executive orders in areas like student loans and other areas. this is a political position, not a legal restriction. frankly, when you look at states like arizona what we're dealing with the border every day, i don't think the political effort or this idea that he doesn't have the legal authority will fly down here. >> rich: democrats argue you still need more border patrol agents, resources, more processing all of that needs to go through congress. what do you say to that? >> appropriations certainly have to go through congress. but the priorities and the procedures things like president trump's former policy of stay in mexico, all those are in place. the president has the ability to prioritize the border. he is choosing not to do it. he is the executive branch head

under the constitution. he can put resources where they are needed. >> rich: what have the courts said about the authority to shut down the border? >> well, in terms of shutting down the border, the issue really is there is a constitutional ability to set up procedures and practices that can effectively shut down the border. there is nothing that bars the president of the united states from shutting down the border. he certainly can do that if he chooses to do so. so the courts really haven't spoken on that issue. where the courts have spoken is really primarily the authority between states and the federal government. >> rich: there is more of that going on right now. case for a texas law where texas is saying that essentially local law enforcement can arrest those they suspect of being in the state illegally. that's a bill that has been advanced in your state in arizona. do you think that the court is going to allow those laws to

stand? >> well, based historically on what the court has done and how it's addressed this issue, i would say probably not. you have to keep in mind that under the constitution, it is congress that has the authority over immigration laws. that being said, the president of the united states can certainly enter what are called mous of memorandums of understanding with state prosecutors, state law enforcement. the president can work with state officials in border security. he just chooses not to. >> rich: former arizona judge aaron gould. thank you for joining us this memorial day. much appreciated. >> julie: joseph new guard en has done it genuineing the indy 500. fans there had to evacuate the speedway when some severe thunderstorms actually rolled in with winds close to 50 miles-per-hour.

the race was delayed about four hours. this is the sixth driver to win back-to-back indy 500. >> rich: severe weather turning deadly and more potentially dangerous storms are on the way. a live update from the fox weather center. a harsh warning for democrats and wake-up for the biden campaign. why their messaging on several controversial issues seems to be turning off some of their core voters. ♪ who higher shipping rates may be

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>> rich: americans from texas through kentucky are starting to pick up the pieces after deadly tornadoes flattened their communities. the twisters turning a holiday weekend into a devastating nightmare. unfortunately it might not be over yet. millions remain under severe weather threats. a a adam klotz joins us with more. >> everyone of those red is tornadoes. we've seen all sorts of severe weather. the systems are still on the move being impacted by them as we speak. this is that initial leading line that continues to march itself towards the east. kind of winding down as far as the severity goes but at least some risk of severe weather. no severe weather out there currently but thunderstorms pushing up the mid atlantic, the leading edge as it will turn into a soggy day across some of these area beaches. a lot of folks would love to get

outside. a two out of five out of severe weather including major cities, new york, philly, d.c. continue to follow this further to the south you are talking about areas like charlotte, atlanta, ultimately parts of texas are also getting in on this. with at least some risk of seeing severe thunderstorms. isolated tornadoes are on the radar as well. outside of this initial kind of big rainy mess along the east coast, you do look back across most of the rest of the country on memorial day looks good. the case in the plains and certainly the case out west. if you will than traveling, obviously a lot of folks may be doing so the next couple of days, that might be the issue because major airport hubs up and down the east coast is where the activity is and where travel might be tough and that sets off a cascading effect, rich and can slow folks down. >> rich: adam, thank you and reminder you can use the qr code on your screen to download and stream fox weather for free.

track the latest updates any time, anywhere. >> julie: james carville is blasting his own party over the weekend ripping apart their messaging on gaza and student loan forgiveness. watch. >> we keep wondering why these young people aren't coming home to the democrats, why blacks are not coming home to democrats. because democratic messaging is full of [bleep]. that's why. talk about cost of living and we'll help deal with this and don't talk about [bleep] student loans. >> julie: let's bring in a political reporter. it is the economy stupid. what we constantly talk about and what americans mostly care about. if you look at the number of black voters right now that are voting compared to 2020, the number is going down. a lot of those black voters did, in fact, vote for joe biden

thinking that the economy was going to get better under a democrat who was going to look out for the middle and lower class and that's not panning out. black voters, 72% now as opposed to 79% back in 2020. hispanic voters, more of the same. decline there as well. suburban women, moderates, anyone under the age of 30. what is happening to americans who don't seem to be as passionate this time around? >> well, it all comes down to the bottom line. it comes down to their budget, right? they aren't able -- the budget that they've had, they are not able to live within in today's prices. gas prices, energy prices, utilities, food, insurance, everything is up but their salaries are not and/or they have had to take on a second job. and you take the messaging that

the democrats are embracing, which has to do with junk fees and loan forgiveness and gaza and it's really out of step, or one of my favorite when i talk to voters is when they say why does biden keep telling us there is no problem in the economy when i'm clearly having a problem? so carville is correct in that their messaging is aimed at elite voters and you do need a coalition to win an election, but you are ignoring the most important voter to win this election whether you are trump or biden, it is the middle class voter and it doesn't matter if they are white or black or hispanic or asian or whatever, they all have the same problems. they don't see themselves as a color, they see themselves as middle class. and that's the messaging that

biden and the democrats are missing. >> julie: carville, as you know, spearheaded clinton's campaign back in 1992. he says that the biden camp really does need to take a page out of clinton's campaign promise and his message and it was to stick to the economy. right now when we hear from washington, all we are hearing about are wars that we are unfortunately getting involved in with ukraine and israel and so forth. but what americans really want to hear is how will i afford my groceries? take a look at a fox news poll on costs that are amajor problem for families. this is what people want the president to talk about. grocery prices, 62%, gas prices 49%. housing costs, healthcare and utility costs, student loan costs across the board are up right now. carville said something very interesting regarding forgiving the loans to students, okay? he says why are we forgiving student loans for people that go

to harvard saying, which according to scott galloway quite accurately is nothing but a hedge fund with classrooms. they got a $52 billion surplus. why are taxpayers going to bail these people out? doesn't biden see the disconnect here? >> i think that's the problem. biden does not see it because he doesn't -- if you look at all of his events, they are always in large cities or almost always. and they are among a very controlled crowd and people that praise him and he doesn't go places looking to understand what's happening. whether you like former president trump or not, he has shown a willingness to go and ask for someone's vote. what biden is missing is that core characteristic of americans and that is the dignity of work, the ability to take care of yourself and your family, and to

achieve to your best ability. and handing out consolation prices and give mes to people that are going to go on and make hundreds of thousands of dollars just doesn't strike right. you know, we have to remember that the majority of americans did not go to college for whatever reason. if they didn't fit, they couldn't afford it, you know, it was not something that they ever considered. they wanted to go and work. and for them to then feel as though they are bearing the burden of people that went to the best of the best of the schools does not sit well with the voter. >> julie: certainly. for those who couldn't afford it they look now and thinking boy, if i only had gone to college back in the day and had the government pay for my tuition people would be doing much better today if they had that opportunity. thank you very much for talking

to us. >> thank you. >> rich: julie, the escalating its rail/hamas war. hamas firing rockets at tel aviv the first in months some from its stronghold in rafah. israel responded. we'll break it down from gaza coming up next. honoring those who gave their lives serving our country. the annual wreath laying ceremony at arlington national cemetery begins soon as america honors our fallen heroes. ♪

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♪ ♪ >> rich: a three-month ordeal for one america is over in the turk and caicos. brian was released friday after being detained since february for having stray ammunition in his luggage. the 39-year-old father of two was reunited with his family in pittsburgh. he paid a fine, got a one-year suspended sentence. four other americans are still detained on the islands off the bah hamas after airport security found bullets in their bags over the past five months. >> julie: israeli/hamas war heating up. israeli missile strikes on the stronghold in rafah killing two top hamas commanders. and dozens of civilians. that followed hamas launching rockets at tel aviv for the first time in months. trey yengst joins us live in tel

aviv with the latest. >> julie, good morning. yesterday we saw long-range rockets fired from gaza towards central israel and then we saw horrific scenes out of gaza's southern most city of rafah overnight. the screams of palestinian civilians pierced the air of rafah with nothing but buckets of water, bystanders tried to put out the inferno. we went into the house and did not find anyone, this man says. when we checked over the wall and found a girl and young man who had been cut into pieces. the israeli military tells fox news they launched air strikes in rafah and were targeting two senior hamas militants both killed in the strikes overnight. idf acknowledged reports about civilian casualties and said they're reviewing the incident. savin's bombardment comes after the international court of justice ordered israel to halt military operations in rafah. a move israel rejected citing

the more than 120 hostages still being held by hamas and continued rocket fire from the gaza strip. yesterday hamas targeted central israel with a barrage of long-range rockets. this morning the e.u.'s foreign policy chief called the situation a dilemma. >> israel continued military action that has been asked to stop. also hamas is launching rockets at israel. both sides need to respect the rules of war. >> the strikes sunday come as indirect negotiations led by qatar are set to resume this week between israel and hamas. julie. >> julie: thank you, trey. rich. >> rich: for more on war in gaza let's bring in dr. rebecca grant. a senior fellow at the lexington institute and national security analyst. thank you for joining us this morning. i want to get your sense of what

has happened in gaza, in israel over the last 24 to 36 hours. >> my first reaction is that if hamas would accept a cease-fire, none of this would have happened. instead what took place was that hamas trying to show they still can operate in gaza, launched a relatively small attack but worrying because it came from multiple locations. israel was right to go ahead and target those two hamas operatives. they had a legitimate military target. unfortunately it led to the fire that you see and again, if hamas would accept the cease-fire that egypt and qatar and the u.s. and israel and so many others want them to accept, you wouldn't see any of this going on. but hey, it is time for biden and israel to find a way to wrap up this military operation quickly and decisively, restore

israel's security. >> rich: the biden administration is applying that pressure and also pressure with the international community and within the israeli government you have bennie gantz, part of the coalition there, the war counsel there threatening to walk unless prime minister benjamin netanyahu comes up with a credible plan for the after-war peace of all of this. where is israel on that. is there a credible plan for what comes next in gaza? >> well, one piece of that plan is already in operation and that is that the new pier in gaza. israel is manning the land side of that bringing in trucks of humanitarian relief. that piece is there. there was such an expectation, rich, that this the cease-fire would come to pass and that it would be about getting some hostages back starting humanitarian relief and trying to move on to a permanent settlement. instead, we see this activity

even though the idf has actually moved one of its five units back from the rafah area, the fact is bottom line hamas only reacts to military pressure and so israel will keep that pressure on no matter what the international court for justice has to say about it, and even in the face of these very odd warrants requested by the icc. >> rich: you mentioned the icc here, the international criminal court. it has moved formed warrants against netanyahu and hamas officials. here is what a congressman had to say about that. >> this is totally political. the icc is irrelevant. no jurisdiction. we might as well call them the harry potter ministry of magic. they are irrelevant because israel is not a party to their treaty. so this is pressure, unfortunately, from the international community that wants to see no more israel. >> rich: what about that

pressure from the quote ministry of magic, rebecca? >> well, the congressman is exactly right. icc prosecutor khan wants to put out warrants both for hamas leaders and for the israeli government. so this is a non-starter. he is a bit of a publicity hound. this is the same individual who put out a warrant for putin, which i agree with. but no more likely to change the situation on the ground. i think the icc in considering weighing in is simply making the problem more difficult. what has to happen is hamas has to agree with qatar and egypt's support to a cease-fire so that we can begin to see some progress. i think everyone in the region understands that. hamas is getting very isolated. they don't agree to the oslo accords to any of this international stuff and so it's just going to take the right

blend of military pressure and behind the scenes diplomatic pressure. cease-fire is the only path. it is up to hamas when that happens. >> rich: thank you for joining us this morning. >> julie: as the saying goes, pack your patience. who does that? not me. that's really the case, though, this memorial day weekend as the tsa reports record holiday travel numbers. ♪ reflect on the brave men and women who paid the price so we can enjoy the freedoms in this country. as the daughter of a veteran i'm very appreciative. happy memorial day. so i hired body doubles to help me out.

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>> rich: right now president is at the memorial day wreath laying ceremony at arlington national cemetery and later deliver remarks honoring the brave men and women who gave their lives to serve the country. the amphitheater in front of the tomb of the unknown soldier

where he will lay a wreath and speak. across the nation today this is a reminder of what memorial day really is all about. >> julie: he will be attending the memorial mass that marks eight years since hisson, beau's death from cancer. he addressed his son. it is an emotional day for the president and he certainly takes that emotion with him as he lays the wreath which we are supposed to be watching. it was going to take part but the president did arrive a bit early, which is why we're taking you there live. at any moment now he will be approaching the tomb and laying the wreath. >> rich: a little early now. i believe here is the processional ahead of the president of the united states. if you look there the honor guard is ready to welcome him into the area where the tomb of

the unknown soldier is. a very busy weekend in washington, d.c. you have rolling thunder, tourists from all over the world. those attending are standing for what will very soon be the entrance of the president of the united states. >> julie: let's listen in for this. [no audio at present] >> rich: that's the president of the united states right there, who is proceeding towards the wreath, which he will lay at the tomb of the unknown soldier in arlington national cemetery right across the river from the capitol in washington, d.c.

vice president kamala harris along with defense secretary lloyd austin join the president there, as you see. we'll listen in some more here. >> present. >> present arms. [band playing brag [band playing b [band playing ] ♪ [national anthem being played by band]

[silence] >> present. >> present arms.

[taps being played] ♪

>> the president has paused for a moment of silence.

>> please be seated.