just said and yet he is not sending the jury instructions back with the jury. he is inviting them to send me questions if you have questions about what i just told you. it was an hour's worth of really arcane legal concepts and he is not sending the written instructions back. the other thing to shannon's point, when does something become a crime? where i come from it becomes a crime when a jury says it's a crime or when you admit it is a crime. so does the jury have to find that each element of one of these so-called additional crimes has been proven beyond a reason doubt and can you pick a crime that the prosecution hasn't even argued? could it be a crime in north dakota? >> harris: that's a lot. we do have two attorneys on that jury and you are not in there, perhaps they can do something like that. that's a lot. trey gowdy, thank you.

thank you for watching "the faulkner focus." "outnumber. >> they are delivering right now on trump new york criminal trial. it is the first criminal case ever brought against a former u.s. president. and now, it was in the hands of the jury. trump is facing 34 finally counts of falsifying business records and we will be monitoring the deliberations all hour long and we will bring any applicant any questions they may ask the judge would bring the right to you as they try to reach this historic verdict. however what this is "outnumbered." i am here with emily compagno and kayleigh mceany and harris faulkner. also joining us tammy bruce, and "fox & friends" cohosts and "fox & friends" host of "fox & friends," also a host of one nation of course i am referring to brian kilmeade. before deliberations began, the

judge reminded the juries of the file to be fair. this instructions he had told the jury to put aside any biases considering all the facts and any fruit of groups must be beyond a reasonable doubt that is the criminal standard it is a high standard to reach indeed. moments ago, we had the former presents because at the equipment here is what he said. >> i would say, and listening to the charges from the judge, it is very conflicting. and also corrupt. because of the confliction, they have a corrupt. mother teresa cannot be discharges. discharges are grouped, the whole thing was rigged. this is all because a president biden. >> lets been good fox news and correspondent shannon. shannon, i had been reading your notes all morning they had been coming in with vapidity, and they are fascinating to me, they say that the church was speaking

slowly and in a soft tone. you mentioned that it could be a youtube sleep eluded setting the scene in the tone of what the jury was hearing, but nevertheless i'm up at the jury seemed engaged in the reversing and attentive room seeming to take this responsibility and not an overnight manner. >> left, the judge even referred to one specific jury, it had taken multiple notebooks worth of notes because they always instruct the jury are replicable with those notes, for you and your recognition and are not used to swear the jury and if and if they are in conflict with of course the transcript or something else you have to go with that. but he acknowledged the people have been attentive here and we have been going end upn weeks as of testimony that comes out of this. they are officially underway with the deliberation the judge has guided them in the they should apply the rock in the good and we keep thinking about how we finally got to the underlying issue the underlying crime and it seems that the

judge is giving the jury a lot of leeway to figure that out. he talks about federal election violations will be didn't have an expert to talk and federal election violations, or for tax violations or for other falsified business records. so he is sending the jury off with the task of figuring out initially were the falsified documents have done, and the underlying crime and here you go, something we have not had a testimony about. very little if at all. >> kayleigh: what is happening right now i want you to take us into the room, but have not spoken about the case, the juror, i was listening to a former attorney who said i went into the room thinking i was going to be the lead on this case i knew with the facts match the law and i'm limited in the god who wasn't even a lawyer convinced me of the different. so right now it's a meeting of the mind and you can't predict the rotors could be booted or it could else. >> right, we have been booted many times what it means that there are two attorneys on this

case. no one best civil litigation, i am not sure about the other one but what role will be a half? the case has been confusing and we have all sat around in the courtroom, and also about debating with this case is going and what it means that if we had some confusion about that, imagine juror, cyclopropyl live from the business and their kids and all those things, for weeks to do this, is it any clearer t? will they have an outsize role? god and people through the jury instruction which again noted moments ago, but did not give them in person, which means there will be forced to come back to the judge and ask questions when they have them. they don't have them in writing. all kinds of considerations could happen and if they haven't discussed this, when beginning the right now they are all kind of unloading, there's a bit of a relief, now we can talk and lipstick out. let's find out where everyone is an login brush and let's stop moving and we know it's a

diverse group's five backgrounds and kids and no kids are made of career person. so will be interesting to see where they'll come to. start the friday after the supreme court case they come in and took a boat and that's the first time you find out where the justices are. that is what's happening now, the first time going around the room and building a sigh of relief and exhaling thing now we can finally talk where do we stand. >> kayleigh: to be a fly on that wall. it would be quite interesting. michael cohen, is described as an accomplice and use of that this could muddy the water for jerry's but was a crime that michael cohen was caught doing, but just the word accomplice seems highly charged in a way, puts trump in the light that the judge may not be intending to pt him. >> and this keeps going back to the fact that he's guilty plea was allowed in on the issue of federal election violations. in the judge rightfully give

them the instruction, and that is part of the conversation in case and part of the witness' story, but you cannot use it as a consideration or to find guilt for trump, but when you use the word accomplice, typically that is the right word but you have to think about how it lands with the jury because if they say to themselves wait a minute, he has put guilty to something he was an accomplice with who? trump? he's already guilty, there's just a possibility for confusion there and again that's where they instructions are helpful to have in front of you as you are going through each single word and what they're supposed to do and how they will follow the law but also makes me think those two attorneys on the jury, may end up getting a lot of questions that they may have as well from these other jurors. >> kayleigh: fascinating analysis thank you. brian, i was with his fascinating report today a political playbook had at the top the list from mike cavuto. and what is interesting about it

is we're all trying to read every arm movement towards which of every juror, to get the sunlight as to how people are standing on the case but i was interested by one juror in particular, and i said if it's a hung jury it's because of there's one person who made friendly eye contact with trump from time to time, appeared to not along with the defense at times. apparently this face lit up with a smile and effect when the heated exchange took place with todd blanche and michael collins he suppressed a smile. and that's top of the playbook this morning everything to you because it's interesting we all try to discern human behavior leading to it but none of us have any idea what happened. >> brian: because we don't know the seven men and women who are on the jury. i did read that today. and if they get a hung jury they say they have not -- they know exactly who it is. the head of closing argument is that it's good to be tough to

get an acquittal so we will see where it goes. within mccarthy just talking to the radio, i think you hear us talk to them as well. he's concerned about this one instruction in particular. you don't need to all agree on what occurred on the second charge, so you have three choices if you all agree for a different second choice it is okay. my goodness you are giving multiple choice on the conviction of a former president or anybody, that to me is a brand-new ball game he is never heard of that. we're waiting for the second charge and now we don't even think that the jury has to agree unanimously what the charges. that is insanity. >> kayleigh: it could be a six amendment violation. the real question here is on appeal exactly. emily, i was interested because jonathan turley called this the michael cohen chart, you and i have talked about it previously he said the judge just said if they find any witness that has testify with regard to any material fact, falsely they can disregard the entirety of the

testimony of the judge also said you may consider did the witness have a bias, these seem tailor-made for the star witness. >> harris: and that is the judge citing statutory law here, i echo your concerns. i am shocked at the vagueness here and the lack of specificity. when you think about how we proceed through life everything from your role as a employee to the concept of being a criminal defendant in the system you are afforded every protection and that begins with specificity. we had thought with one of my being faced with, what are the charges, what do i know? we had that at every opportunity that has been taken away from trump and it is mind-boggling to me that it continues through on the jury instruction and apparently the addition or calculation of that potential guilty verdict this is shocking to me that the jury could cobble together some type of guilty verdict on the amorphous charge including that text that i found

alarmingly vague as we had the prosecution saying only learned of the prosecution said yes or no, you don't even have to underpay your taxes to be guilty this jury has been spoon-fed while guilty means in a cake of vagueness and essentially said vote with your conscious become to a consensus. i agree with you, i find it disheartening at a minimum, and i am not expecting a guilty verdict because on the sheer math of it all how can you not. the miracle of an acquittal and the common sense and accuracy that would be would be truly all of the jury writing above the table as laid by this prosecution which is so unfair and unconstitutional to my opinion as to supersede anything historical. >> kayleigh: bare plenty of questions that come to mind brian raised one which is not knowing the second crime or having to agree on the second crime another that comes to mind is mateus michael cohen in the guilty plea of the federal elecn law, but how many times have we

heard about the guilty plea and you expect juror to put it in a different place. >> harris: this so much they said about that because there is one accuse coconspirator in front of you. it doesn't mean that you can use whatever you know about the other guy against the person sitting in front of you. which is complicated because most of us as human beings go based on which one of these is not like the other. so if they're the same, they cannot separate that necessarily especially under the duress of a hour-long instruction. from the judge. and they can't have notes or have that in front of them. you know contemporaneously. it was just a lot. my question now comes from one of the email chains today from the team. she said if it is a mistrial she wants to know, and by the way the judge decides, the jury can't call themselves a mistrial they can say we cannot agree and

then the judge decides whether or not that's the case so what the judge says is that how many times with the judge send them back to try to reach an agreement she said in her experience, it's only been once and really twice she doesn't know what this judge so that is one question about all of this book quickly about the politics. because you guys are all talking about how many charges and emily leach is laid out a compelling look at how there's a lot of pitfalls for findings of any guilt in this scenario because they can make stuff up, there's this law and the choice, let's use michigan or whatever, so the problem with this is what is the goal? to make sure he cannot go against president biden, if you look at it as a purest sense, all he has to say in the post verdict speech, president biden, that he is getting ready for now, i don't know how he has the tea leaves, but he is getting ready he's going to get it he wants to say the word conviction. and i don't think it matters what he's convicted on, or which

charge or how many people agree or how many times they had to go back, he wants that word. on the left, they all want that word so they can force the right to stumble in time. and what will that even mean? if it doesn't matter to voters? the president biden is counting on the fact that it might. >> tammy': they want to be able to say convicted felon they want that for the debate. in the strange thing is, as change as any robert de niro, with everything we've seen with how the american people responded to this unfairness, we don't like unfairness the country is built on a blind justice system. we have to be because we come from so many different places and have so many different backgrounds, but i think you have a dynamic with the biden administration that finally understood the poles, we do see the freak out as chief political noted, and they are panicked but what they now need to do of course, and they are just ignoring and hoping, it's like a

hail mary pass that maybe some independence will peel off. maybe certain democrats who are populous, will peel off. it was a horrible position for anybody to be end for both parties but it is most horrible for the american people and what they've done to this country, in this process. >> brian: is convicted the likelihood for voting for trump, more likely 11%, less likely 21%, no different 65%. after deciding election. >> a lot of this has been baked and whether an indictment or any of these cases, we will see but what we do know the jury is deliberating at this very moment and they do not have the jury instruction it's andy mccarthy's said we will have a window into deliberations as they asked the judge? maybe ask them nothing is something we will let you know. we continue to monitor deliberations in new york this is trump, we will be joined with a former prosecutor will become

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>> they are not deliberating the fate of trump, afraid it could come at any time. we will be monitoring any and all news coming out of that courtroom all hour. while much legal analysis could be focused on the prosecution, the defense on trump's criminal defendant, judge merchant has also been under scrutiny. let's begin former federal prosecutor, south carolina congressmen and most of sunday night in america, trey gowdy. trey, tell us your thoughts on the tyler fallibility of the judge and why he is responsible for potential misconduct behind his?

>> look, i was a prosecutor. so i lean pro-prosecution i never had a judge who was actually part of the prosecution team. he undercut the defense by excluding the expert, even the tone in which he sustained certain objection and overruled other objections, i mean yesterday it was clear to me that the defense kind of gave up. because if you object and it is overruled and the jury things that you are wrong, or you are trying to hide something from them, because they identify with the judge, it just seemed to me yesterday there was a certain recognition we are not going to object anymore which means the prosecution got away with even more. they were literally arguing the fact that michael cohen pratt guilty really is evidence that trump is guilty that it's tough that never would've happened if the judge were actually calling the same-sex own.

>> emily: it is literally an orchestration in part of a potential conviction so talk to us however on much has been made on the mainstream media about the judgment he not only that impartiality but essentially a protection by the court of the jury from hearing this? he is till this time and again that they've done everything to protect this type of evidence i have instructed the jury to disregard certain things, granted favor heavily for example disregarding defensive comment rather than prosecution but at the end of the day will that be successful? >> i will tell you what, jerry relate to judges a cuss at how much i don't like his rulings are how i think some of his evidentiary rulings have been off-base, i don't want to say it stockholm syndrome but it can amount to that. juries look to judges and ask if we can start late. that's who tells them what you can and can't do when you're on break they have a relationship

at the judge so when they see the judge yelling at defense witnesses. but being super nice to michael cohen, he was much tougher on -- then you get to the instruction which are solely the province of the judge. i have to disagree with people who say that the jury can pick among a menu above for of free crimes they can be any kind. they jerry does not even have to specify. if it was done in furtherance of another crime, the jury does not have to specify what that crime is, that is a gift to the prosecution. >> emily: against that backdrop, under the umbrella of the clear stance this judge has taken throughout the trial, talk to us about the absolute catastrophe that these jury instructions have presented. the vagueness and lack of specificity, talk to us about what that means in real terms that essentially can they jerry just select and say well i guess

this one fits in four of us agree so that is guilty is that the actual outcome that we might have to be subjected to? for the former president to be subjected to today or tomorrow? >> yes i was sitting there this mary with a really good experts i'm kind of washed up. but the really good experts were trying to figure out what to do something become a crime. to me it is a crime when you're convicted by a jury or pled guilty so it has to be done in furtherance of a crime and what part is that where triggered. doesn't have to be on beyond a reasonable doubt one of the elements of these additional crimes that must be proven it was so void as to be unconstitutionally vague but by the time we figure that out will be well after the election and the political damage would have been done. >> hopefully any criminal damage will be undone but we hope we don't even have to get there today in this circus of a

trial. you my friend are an expert legal analysis and we are grateful for that today. >> thank you for having me. >> thank you sir. so they talk about the political implications of this and the judge's conduct. especially if the background we know that they are pointed this out and jordan has written letters, we see this going and is it too late? >> a lot of the constitutional grounds we talk about would be reserved for an appeal we hope that one of the jury has this and as we know because it's elementary you learn it the first day of law school, to the facts match the lock has to believe that there is at least one person who says facts did not match the line not everything adds up. we will see if that moment happens to the context of the judge, troy buff's this morning, the judge says he doesn't have an opinion on the case under defendant's guilt, and i have heard more emotion and hostage videos than the judge has when

reciting those words. jonathan turley, another great attorney who has a way with words said when you look at what the judge did yesterday with the defense motion and the prosecution's motion we know justice roberts and his confirmation hearing said that -- jonathan turley said this distracts him seem like it stretched from dugout to back out for the defense it seems like the signs of a postage stamp. we are not in the room but that is their opinion. >> to her point, brian kilmeade, dean of the day on appeal, it is all black-and-white. yes i did admonish them correctly meeting the jury while at the end of the day there might have been a whole color of swing going on that only those who were there were subjected to. >> brian: we don't know these people are how they operate but we know this, the judge has been nothing but bias from day one the only thing i can say in terms of what he went off at the end and they can relate to us, they cannot rest on speculation this whole thing is speculation,

and they also talk about how they were setting aside your opinions on donald trump and just stick to the facts, the facts have been sending these checks in the oval office after he was done i see signs everything on a daily basis. he's been convicted for filing his attorney's advice. >> tammy': the american people have been appalled, the issue becomes with what the jury does, but we have to remember judges are lawyers in a robe. they are just regular people so the structure is meant and we expect decent people who really are committed to following the nature of the structure itself, it is not a game. so what has happened here, while very difficult for trump, it has been invaluable, we have seen how far i can go when people have abandoned the nature of what it is they are supposed to be doing. >> emily: via a sacrificial lamb. they are kind consequences here. >> harris: yes you are right, we are watching something that

should not be welcome like this. it affects all of us. emily, if you will allow me i'm going to give some notes on the judge, paul who was formerly on his office and the prosecutor's office before he came a police officer was making calls while on hour and he reached out to the chief administrator and found out that the judge oversaw the special grand jury. paul wants to know how did he get better but the conflict of interest that they already knew that his wife had worked in the office with letitia james. the ag that they've worked in that same office with michelangelo which is the senior counsel at alvin bragg just appointed and gave the opening statements to this case. how do you get that job without maybe checking off those conflicts of interest. he was also michael angelo remember the acting associate attorney general and the doj, there are a lot of web moments, this is like spider-man goes tracy and ties everything together, it is interesting when

you look at the politics. if things are broken as they just laid out and we as a nation watches the question is the jury were they see it, they weren't sequestered and they had seven days off and they have phones, it would be unfortunate if the system were broken enough that they tapped and that way. but we don't know. >> and the spokesman said this is done because of familiarity with the complex cases but to your point however it merely reflects bias. we are awaiting a verdict in new york with new york versus trump. it could come at any moment with massive implications for the former president and our nation. andy mccarthy, they would join us from outside the courthouse that is coming up next. - they think it must be complicated. it isn't. not with rosland capital. with rosland... the entire process from start to finish is built on one concept...

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>> harris: we are now watching for a verdict as we have moved into his stork position again, and this trial. already made history because it

was brought against a former president of the united states new york versus beach like getting my footing, but now the deliberations have been underway for well over an hour. what is happening and that jury room, we do not know but they cannot leave. they're going to have meals delivered and a lot of instructions outside the law doing dealing with what they must do according to the judge. they were not sequestered during the trial but they are now. former assistant, fox news contributor andy mccarthy who was outside the courthouse, you can best give us an idea of what is going on with that jury. tell me about them. >> well, in new york, they juries can be feisty like new yorkers are feisty, i know hair as we have spent a lot of time thinking about the other lawyers, the two lawyers on the panel, i grew up in the bronx, i have been a lawyer for a decade longer than i care to admit to, and they eat lawyers for lunch

here in new york city. so just because you have lawyers on the jury doesn't mean they going to commandeer the jury, although they could be very influential we will have to see how it plays out. >> what worries you about this case i know you how your concerns? >> the idea that you do not have to agree beyond a reasonable doubt on what exactly was the other crime here at donald trump was supposedly committing or concealing under circumstances where the other crime is what makes this case possible because that's what gets the man in the statue of liberty patients turns it into a four year felony that's crazy. >> harris: how can that be approached at this point? they may come up for a question or two i don't even know what they remember about the instructions because i was a hour of information and if they have pointed this out they couldn't take know and it a bit down. but what do you see happening with that?

>> the good thing about this harris, excuse me, is that we will be getting notes from them if they are hung up on something so we will actually have a read on exactly what it is that is in confusing them and if they asked for clarification on whether they need to be unanimous on that last thing we want know that this was just a completely improper trial. >> harris: hung jury last one, again i quote the judge on this because this is really originally had a thought based on her own experience. on her juries so how many times can a judge do that? her experience if you only has one or two that she has seen what you see? >> i really don't like that charge where they tell them to go back and resolve it. but i haven't seen them work that many times i've had a case where it was given in the jury hung anyway and it was a new year jury where the people who

were in the minority could not be moved. >> harris: so the judge said go back out and they did and it didn't change it it's not up to the jury to call themselves the judge has to do that. thank you so much andy mccarthy, you have been just amazing during this entire time and we have so much more work to do on this because we have to get a verdict. good to see you thank you. so caleigh you thought when we were talking off-camera about juries and having those two attorneys you're an attorney you went to law school, so i could see maybe going in there and showing some leadership but he said it doesn't always work out that way. >> kayleigh: i thought it was fascinating with a sit said about manhattan residents not being afraid to speak their mind we think that the lawyers identical in the room and take charge but i saw a lawyer on cnn and i alluded to this earlier saying i went to a jury room and i thought i was going to take charge and i thought i was going to say this is the latest but it was a bartender at a local bartender who spoke up and changed my mind.

so i think it's fascinating the idea that you talk about the lawyers but it could just be an outspoken person with some great ideas may be one juror that the my computer reference. >> harris: interesting, jury deliberations past the one hour mark, if he is convicted, will donald trump go to prison? will it be? i understand it's the sentencing that might happen or fines or both it is not out of the question however they are going to have to get past the fact that while they were not a whole lot of facts in this because the star witness was someone you could not fact-checked because he lies a lot as he breeds, michael cohen. more coming up next. ed automatic authority by the va to make our own loan approval decisions. in fact, if you'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.

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jury, a verdict could come at any time but if convicted could trump ask to go to jail? some say it is not out of the question some people say it is totally out of the question but even if he's convinced that he could still run for office the juries in the case will be able to talk about it to the press and that will be fascinating to watch. we will see what happens. i'm only one of the possibilities i've heard all the experts say the idea that he's going to jail is highly unlikely, not to mention how poisonous and toxic and terrible that would be for the country. >> emily: it is possible but it is highly unlikely we would be more possible is some type of probation, we know that this judge has spoken on the sort of a and carson tory element would be the final and last resort we saw that even with the gag order analysis is that was playing up but the bottom line is probation a home confinement you are still under the b.o.p. if it is federal or the state toxic system here if it actually happens, i had a client who had her probation officer show up

because she was watering the flowers from her porch and straight a little too far from the thing inside. these inmates are the ones that pay for it there is no opulence or enjoyment there is no joy whatsoever and while you are under those things you still need permission to leave the state and to go anyway so think about campaigning as well if any time trump wanted to continue his campaigning he would have to get permission first i think you all can imagine the time last with that. all of the dmv worker association, times that by a million and that is what these inmates come at these home confined, these prisoners and probation people are under. none of this is in any way efficient whatsoever. >> you can still very likely get a hung jury. someone who says no. but that aside to use very good point about a campaign schedule, you wouldn't just be muzzling a person with confinement in this constrictions, you are measuring a movement. it is incongruent to how we

think the campaign should work. >> the left think this is the existential moment and they are correct. we can imagine that he would be put in jail, from the beginning my point has been if they were going to go to mar-a-lago, sirens blazing and going in and the right to shoot anybody who might resist what will they do? from the beginning, everything they've done including this trial has been unbelievable and unexpected. so i thought that of quincy could go to prison why would they stop there with this being the indicator of how panicked they are at the same time with the poor that brian had noted its 21% say he's convicted it would make them rethink or think differently about voting for him. most of the support is coming because i think they see the persecution of this and if he doesn't go to jail but he can't do mar-a-lago but he is trapped during an election season that becomes an assault on the

american voter. that becomes a problem when it comes to their ability to engage with the candidates. >> the fda has said with regards to mar-a-lago, it was standard procedure they were following but my question because the book that in this situation you are not dealing with the standard fact pattern you are dealing with the president even shone with the gag order has said i don't want to send a former president to jail and i'm paraphrasing but they should be special consideration with half the country dominating. >> harris: isn't that a couple days after they had gone through some fiery rebuttals in the media about the decisions he was making about gag orders so they were violations already being adjudicated. i think after a few of the demick starling strategist booklet they said you're going to murder the sky politically. what are you doing. i am paraphrasing them but you get the gist of it that you saw the judge say hey i don't want to do this but you've left me -- i just want to get this out the judge also said, overseen the

former president whole trial he looked and during the closing arguments, todd blanche the defense attorney said he said look the former president could go to jail. and the judge said that is outrageous, and why does that matter it is not the first time that he has reprimanded the defense for their conduct in the courtroom. so they just kept after it, you weren't even allowed to say that this president is probably going to give. so we are talking about what could happen to the former president easily. >> it is normal to talk about liberty issues in quite this is not uncommon for someone to bring this up. >> the disrespect to continue to show todd blanche is ridiculous. so we are looking at he could have as little as four months or even four years he could have probation or he could have home detention or he can have a low

security prison depending on what the judge wants to do. the president has been going after the judge since day one he may take this personally when it comes to sentencing, it will come a short time right after but imagine this joe biden couldn't leave his house because of the pandemic, and that's what he had to campaign from his basement, trump campaigns anyway the only way to keep them from campaigning is to put in my home confinement i will be unbelievably ironic. >> kayleigh: what this essay to half the country this is someone who represents my view what is tested to them? there is no verdict yet we will keep you updated, more "outnumbered" coming up next. 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

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>> the trimmed jury deliberations, what will the verdict be, is that guy already cast , w what about this multiple choice that the juries do not all need to agree on. i was legal experts are lined up for the best analysis anywhere as we await word that the jury has reached a decision. during sandra and me at the top topof the hour for "america reports," we will see you then. >> we are now monitoring for any small insight into the trumpet jury historic deliberation. it is important to note that those jurors did not receive a copy of the judge's instructions. they will have a shared laptop

to live reference. so that means if any of them get confused about something they cannot sit and read the instructions they have to send a note and asked the judge. that note click show us what they are thinking as they deliberate and to me, what elements might be confusing them which i think it would be everything. >> tammy: that's it. and i think this judge has been relying on, as well as the prosecutors in new york jury just doing what they're told. this may be just an effort to give them as many options as possible to send trump a way that would be horrible it's an insult to new yorkers and i hope that's not going to be the case we will see. >> i think people who think there is no way he goes to jail, have to look to see if a cfo was said to stanton -- he could've testify could have testified they didn't wanted to not start coming for donald trump they wanted him to live they had nothing better to say about donald trump and i was the issue that led to him in rikers twice. >> emily: they have control

over the guilt it is the judge that were to care sentencing hearing this particular matter but to his point is a lot of vagueness here it seems the odds are stacked against trump unfortunately. >> you talk about how much pressure has been put on those people who are in the constellation today we learned the judge has been assigned to be in steve bannon's criminal fraud trial. >> brian: is the only one judge in new york? >> harris: you can read about it in "newsweek" but here's my point, we will be watching him, and he knows that he has pressure points in this constellation around donald trump. it is fascinating how this man got on this case. this judge. >> emily: at the bottom of the screen you see that clock they've been delivering for one hour and 25 minutes and i have to imagine every minute the text by is a minute or so look be objecting to and the majority of the moon who knows what's going on but the real verdict that will be delivered will not be in the next few hours of the next few days it will be november 5th

2024 that's when you all see what they have to say. >> they may be ordering lunch right now you never know. >> emily: at the moment to moment coverage of the historic deliberation in the new york criminal trial continues to stay with us. postmenopausal osteoporosis and are at high risk for fracture, you can build new bone with evenity®. ask your doctor if you can do more than just slowing down bone loss with evenity®. want stronger bones? then build new bone; evenity® can help in just 12 months. evenity® is proven to reduce spine fracture risk by 73%. evenity® can increase risk of heart attack, stroke, or death from a cardiovascular problem. do not take evenity® if you have low blood calcium, or are allergic to it. serious allergic reactions and low blood calcium have occurred.

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>> jurors have been delivering a case -- deliberating the case against the former president of the united states. something that we thought we would never see but here we are. it is the first-ever criminal case and it was said to be the weakest among those in the water that is being used against him. now we are learning that if a verdict is read today, at manhattan district attorney alvin bragg has plans. you know how politically thursday he is. he is planning to hold a press conference after the verdict. the president of the united states, joe biden, has said that after the verdict, he will give

a speech. they will have to fight over that mic and her time. >> it will be one of the most dramatic moments. when we get word that the verdict is in, we have them in the overflow room. and then we will find out the verdict because it might decide the next president. >> officially, tammy, you called it. >> that is right. i will reiterate something kaylee said. the real verdict is november 5th. this is a lesson to learn. we know what the dynamic is. this is not a one-off thing in new york city. this is the system is run by the bureaucracy. it is up to us so we have no one to complain about and trump knows that as well. >> wow. i put it all into a nutshell, didn't it? it is up to you, the voter. go get them, america. "america reports" now.