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.

>> president trump: these charges are rigged. i mean that, mother teresa could not beat those charges. this is five weeks. five weeks of really essentially not campaigning although i took a big lead in the polls of the last few weeks. because i think the people of this country see that this is a big deal. >> sandra: a live look at the newark state supreme court in lower manhattan where 12 jurors will soon return to deliberate the fate of former president donald trump. they, the jury, are currently on lunch break. trump is facing 34 felony counts of falsifying business records and that is where we are at the top of the 1:00 hour on the east coast. john, and by the way, the jury can continue deliberating, we should point out. but it is officially a lunch break. hello, and welcome. i'm sandra smith. >> john: i'm john roberts in washington and this is "america reports." jury instructions wrapping up this morning pictures were sent

out to deliberate. >> sandra: the judge instructed the jury to not let stereotypes effect the verdict and any proof of guilt must go beyond a reasonable doubt. >> john: and when it comes to michael cohen, the judge says they cannot convict donald trump based solely on the testimony. for expert analysis over the next two hours. >> sandra: first, let's get to our legal panel outside of the courthouse. let's bring in trey gowdy, shannon bream, and andy mccarthy. welcome to all three of you. andy, tell us what we should expect over the next couple of hours and what has struck you so far? >> andy: will, i think if we get a quick note, that would be interesting because it would at least give us an idea of what they are thinking as they go into this. but what struck me, what i can't shake the whole day especially when we got that a second ago,

you said you stressed the reasonable doubt instruction that the judge had given. we learned today for sure that they don't have to agree on the other crime that truck was supposedly committing or concealing when he allegedly falsified his business records but it seems to me if they can't agree on that, that should be a reasonable doubt. yet the church is telling them they can convict and i keep thinking of the -- are great former two-time attorney general, bill barr, used to say that like presidents are not above the law but if you're going to prosecute a former president, it ought to be a clear crime as to what you have convincing evidence. what he called a mate and produce crime. it seems to be the opposite of the meet and potatoes crime. >> john: yeah, shine in and trey, my twitter has been on fire ever since i put out what you reported that four jurors could agree on one crime. four corners -- jurors could

agree on a different crime other than that. as long as it adds up to 12, that is okay. so it is not unanimity on exactly what the crime is but you get 12 jurors saying he is guilty. andy said earlier today he does not know how to square that with the constitution. trey, if you want to go first and then shannon? >> trey: i don't want to go first because i don't know either. i think what makes it even more complicated is, i mean, i would have asked for a special verdict for him, at least tell us which crime you picked. the judge mentioned three crimes but as andy and shannon and i have been discussing, it could be a and to judge did not even mention. furthermore, when does something become a crime? to me, it is when a jury of 12 says you are guilty or when you admit it but crime has a specific meaning to me. does it have to be proven beyond a reasonable doubt? what are the elements of this unknown crime? it is to me void for vagueness.

>> john: chanin. >> shannon: yeah, you think about this might be one of those things that shows up on their because we expect that the defendant is going to know what the crime is so that they can mount a defense to the crime. so if all of us have been analyzing the -- visiting for weeks until today, when the judge instructs the jury and says, here are three options that you could find and it doesn't have to be unanimous, this tax fraud thing we have not heard about, this is a state board and also potential falsification of other business records. this is some of your options. he also did not give them the jury instructions. there are 55 -- they are 55 pages long. we have them in the media. any of them does anybody in america can probably get their hands on them. as eddie said, when you get a note, at least that gives us an indication of what they might be struggling with, it might be talking about and the judge has said, i'm not going to give you the jury instructions. but if you need to hear another part, you come back and we will

read them as many times as you want. so it will potentially give us clues as they are a little bit handicapped having, you know, heard this orally for an hour plus but having 55 pages not in front of them. >> sandra: all right, andy, back to you and the words from the former president himself as he was walking into the court this morning. mother teresa could not even beat these charges. >> president trump: mother teresa could not beat these charges. these charges are rigged. the whole thing is rigged. the whole country is a mess between the borders and take elections and you have a trial like this where the judge is so conflicted, he can't breathe. he has got to do his job and it is tough for me, that i can tell you. it is a disgrace. and i mean that. mother teresa could not beat those charges, but we will see. we will see how you do. >> sandra: all right, andy, well, that is how he feels.

we will see. >> andy: i think my mom things mother teresa could beat the charges. but to my mind, it is not the charges that she would have a hard time with. it is the proceeding in which the judge is kind of colluding with the prosecutors and i don't say that lightly because it is a heavy-duty outlet to allegation to make about a judge but look. you know, everybody in america who knows anything about the criminal law including the judge himself knows that michael cohen's guilty pleas to campaign-finance crimes are not admissible against president trump. they are simply not. that is criminal law and judge marjon allowed the prosecutors to bring that to the jury's attention over and over and over again to point where i think the jury things they don't have to worry about that being proved because it is an established fact of the case. >> john: and i'm interested when the former president can out there, she always seemed to be resigned to the fact that he could be found guilty here.

>> shannon: and today, when they were doing the jury instructions, he was -- was very relaxed. so the resigned as you said. his eyes were closed. he is sitting back. he would sit up and take a drink of water occasionally to a note with his attorneys. i get the sense, after the closing saturday, but the defense and the prosecution that the trauma team is starting to feel more and more like a conviction is in real danger for them. all they need is one jury to be a hold out for a potential mistrial and we have talked about it. the jury comes up with one or more holdouts that this judge is most certainly going to send them back with that charge you get the jury. we need to remember your duty and to go back to this and reconsider things. but think about now, too. this thing has gone on for weeks. they also are going to want to pull old testimony. stormy daniels, david pecker, all of those things. they may want to really get back and go to those things as they have got weeks worth of material that they have not been able to talk about as a jury until to today. >> sandra: you know, andy, we

are reminded in this moment considering john's question just now about almost residing to the fact that he could be found guilty, let's look back to may 6th in court when the judge talked about the possibility of the former president being put in jail and his words then. marshaun saying the lastinger want to do is put you in jail. there a reason why incarceration is a last resort for me. the correction officers among others, i want you to understand that i will if necessary and appropriate. so that you consider his words than and you wonder how this is playing out in his mind now and the jury's, andy. >> andy: let's stick with appropriate because that brings us back to where we started our conversation.

if the president trump, if there's any possibility that he could be sentenced to jail in this case, it is for one reason and one reason alone. bragg the district attorney, took a misdemeanor for where there is a two-year statute of limitations and he inflated it into a felony with an allegation that trump was committing or concealing another crime and now what they are telling trump is the jury does not have to agree on what the other crime is. and that is the only reason we are hearing. that is the only reason he is looking at a jail sentence. >> john: très, it to that point, violations of the gag order. but if the jury were to return a guilty verdict, judge marshawn is the one who will hand down sentencing. what do you think he would do? >> trey: well, at the time judge marshawn said he didn't want to put him in jail. he was presumed innocent. if a jury finds him guilty, that cloak is gone.

that presumption of innocence is gone. to i think this is an in custodial present case, it's no. he has no criminal history. he is not a career offender. it is not a crime of violence and for pete's sakes, this is new york where you have to do a lot to actually get an in custodial sentence. however, this judge does not like donald trump. so would it be an in custodial sentence? probably not. but i would not say it is an impossibility. >> sandra: andy, shannon, trey, you are outside of the court. the jury is being given a lunch break. they have a choice to continue deliberating which meant some may have chosen to do. it is fair to say that they are still deliberating right now and we are going stand you by and hopefully get back to you shortly. thank you so much. john. >> john: we will see them sign. let's bring in will sharp, the attorney representing present

up. he is also running for attorney general in missouri. so just off the back of what trey gowdy was saying there, if and this is an if at this point but the former president seemed to tilt his head to the -- the idea that a jury might convict him here. if a judge has to pronounce sentence, what he sent the former president to jail knowing not only how precedent-setting that would be and how as trey was saying it would be not in keeping with the fact that it is the first time offense for him and the logistics of putting the former president in jail. what he do that? or would he enact some other sanction. >> will: this is a deeply rigged trial that is being presided over by a deeply and irretrievably biased judge. that having been said, looking at the entire trial record here, having been in that courtroom, the evidence does not nearly amount to be on a reachable doubt of any of the charges in

the indictment. the trip, i believe, did nothing wrong. i think the evidence shows that. and i hope the jury will do the right thing here. we can talk all day about potential sentences. but we are not passed the first hurdle of conviction yet. and i think any perjury in america with see this trial for what it is, which is a political show trial in the finest stalinist sense of of the word. it is absolutely outrageous that person term has been put off the campaign trail to sit through a week after week after week of court and even after all of that, they still have not shown that he committed any actual crime here, that he did anything wrong whatsoever. so i don't think we are at the stage yet where we would even begin to think about sentencing because i think the prosecution has abjectly failed to meet in this case and i hope to receive that. >> sandra: some of what we heard from the prosecution just yesterday and closing arguments, this was the case that they made. they believe they have convinced the jury. this is in his opening,

mr. crandall told you that this case at its core is about to compete -- a conspiracy and about a cover up. if you hadn't done that when you discussed this case with your fellow jurors, the prosecution detailed, you will see that the people have presented powerful evidence of the defendants -- defender's gilkes. do you believe anybody watching this play out who is getting the results from the courtroom believes that this jury was sold and shown hard evidence of the crime. >> will: the noise and the cycle is coming entirely from the prosecution here. that is the crazy thing about this case. this is a relatively mundane business records case work -- work with the prosecution has abjectly failed to prove that person term had anything to do with the recordings made, with the business entries in question. that alone is reason for a speedy acquittal on the part of the jury here and i believe that any surgery will see through at least that aspect of the case and certainly the fact that the

prosecution is relying on michael cohen, a serial perjurer and liar who is thoroughly discredited on the stand for a crucial parts of the case. i think this case has more holes than swiss cheese and i'm hopeful that the jury fees at the same way. >> sandra: you said speedy acquittal. if we are told that a verdict is in, do you believe that it is for the benefit of the former president? >> will: i think it honestly could go either way. we will have to see how it plays out. >> sandra: interesting. thank you so much. >> john: thanks, will. appreciate your time. great to be with you. >> sandra: former president donald trump off is try out turn to the and then katherine strain -- issuing instructions. this is all happening right now. jonathan turley, kerri urbahn, also at the courthouse as the jury is deliberating. they will join us on verdict watch to discuss what happens if the former president is convicted. that is next. >> it is a sham and a disgrace. >> i think it is a total farce. if it is not thrown out, i would be shocked. >> they don't want him to be

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[both laughing] >> sandra: fox news alert. 20 minutes past the top of the hour. the fate of former president donald trump is now in the hands of 12 jurors deliberating in the new york criminal trial. let's bring in jonathan turley, fox news contributor. kerri urbahn is the legal editor and fbn's, d who has been covering this case from the very beginning. jonathan, to you first. we can only imagine what is happening behind closed doors that is a lunch break. but they are deliberating. they can continue deliberating through lunch. but talk to is a little bit what we know about these jurors, what we have seen from them in court, any sort of color or guidance you can give as to what is

happening right now. >> jonathan: well, that is always a mystery. and even the most transparent cases. that is -- this is less so. the jurors have by all reports been fairly stoic. not showing a lot of emotion throughout the trial. i think they are taking this very seriously. when they go into that room, they have some housekeeping to do. arranging how they are going to address these. it is left open to them and how they want to approach these as the judge said, these 34 counts are largely repetitious. so there's a lot of different ways that can -- that they can try to deal with this. but remember there are 34 of them and they are living at 4:30 today. so i wouldn't be surprised if you had a verdict today. >> john: so carry the jury is not going to be secure -- sequestered. they will be able to go home after the deliberations are over for the day. in this very first trial ever,

of a former u.s. president with so much at stake, should they be sequestered? >> kerri: you know, you would think so. but on the other hand, though, this really is about despite what the prosecution is trying to make it about, falsifying business records. it really should be much more straightforward. i think in the prosecution has made it to be. of course, they are doing that because they are determined to imprison donald trump and make him not a choice for the american people, i think, in november. now, again, the case really bows down to two, i think it's a very simple issues that the jury has to overcome as a threshold matter. one is whether one can classify to a personal attorney as legal expenses for the work trial and the recurring you, which is what he seemed to be doing. he testified it was only for work done in the prior year. but we now know thanks to his testimony that he continues to do legal work during that time and secondly, if the jury has an issue with characterizing to a

lawyer as legal expenses, there really has not been evidence that establish that donald trump himself knew or directed the payments to be classified in that way. in fact, we heard testimony to the opposite from the accounts payable person and her supervisor that they had no interaction with trump over those payments. the only person they interacted with was allen weisselberg, as we know has been missing in action throughout this trial because the prosecution won't call him. >> sandra: i think about those final moments of the defense's closing arguments, jonathan, you wonder if it was effective with those jurors. this was blanche on michael cohen being the goat. michael cohen is the ." he is literally the greatest liar of all time. you cannot convict somebody based on the words of michael corn. if you focus on the evidence you heard in this courtroom, this is a very, very, very quick and easy not guilty verdict. of course, michael cohen was the prosecution's a start witness, andy.

>> jonathan: and the judge just instructed the jury that when they believe a witness has light in any material fact, they can disregard the entirety of his testimony. many of us to believe that cohen lied on the stand and there -- there are a couple of occasions where we pointed that out. but the -- the biggest problem i think for the former president remains the instructions and the work of this judge. i was astonished yesterday but what the judge allowed the prosecutors to get away with. i thought much of the argument of the prosecutors was effective but it was also improper. you know, at some points, the prosecutor was giving testimony, stuff that was not in evidence but he was saying that the reason that hope hicks cried was because she had put the final name nail on the coffin of her boss. all of that stuff was coming directly out of the prosecutor

knocked the record. but the biggest problem is the judge allowed the prosecutor to say it is a fact that not only is there election violations here, but that they were ordered by trump. now, magnifying that problem are these instructions. and these instructions are deadly for the president in a number of respects. the most worrisome is that the judge said they don't have to agree on what happened. so that judge has said that there's this other crime out there and the prosecutors have suggested three different crimes. and he told the jury, you don't have to agree on what actually occurred. so you can have a jury that is split four, four, and four on what actually occurred, what that other crime was. and the judge would treat it like unanimous verdict. >> john: right. and to that point, one of the particular crimes that the

jurors, decide on is a tax crime and lydia, you have some thoughts on that. what you think? >> lydia: yeah, john, it seemed like the tax crime is kind of like the sleeper charge that was injected into all of this. even though let's remind everybody it is not actually charge in the indictment. but throughout the course of this trial, the evidence presented by the witnesses in the testimony, there was very little discussion about this tax crime. and essentially what was kind of reignited during closing arguments and drink the judge's instructions today was that this underlying object defense could be found if the jurors believe that a tax crime is committed. that does not mean the judge explained that taxes were underpaid in this case. but only that income was misreported. and other -- in other words, that it was a tax crime to say this reimbursement to michael

cohen should have been reported as a reimbursement rather than income. that is important to remember through all of this because it is possible that the jurors could look at all of these 34 accounts and decide, yes, documents were falsified, is that there was intent to defraud, and you know what? that underline crime all along was this tax crime. and they were not even have to touch the election stuff that most of the conspiracy stuff. and i think that was really interesting and it feels a little sneaky because it wasn't really talked about in the trial and yet here we are instructing the jury on it. >> john: yeah, i mean, the fact that you would draft an nda with a former porn star? that does not seem to make a whole lot of sense. but it is one of the options for the jury to choose here. >> sandra: a couple of things here. so kerri, this gets interesting because as we were reported yesterday, the white house has said that president biden upon the verdict will speak from the

white house. he has been silent on the issue as the trial has been ongoing for 6 weeks now. as the former president was speaking this morning, he said this is -- this trial is happening because of joe biden and the people around him. >> president trump: this is all because of joe biden. i don't think he is smart enough to think about it. it is the people that surround him in the office. they are smart. they are fascist and communist. they are smart. and they are ruining our cou country. >> sandra: to move this story for you -- forward, kerri, the press secretary to the president was just asked about the trial and whether we will hear from the president and she said this. >> i have to be pretty honest with you. are not a talk to the president about that. is going to be an important day. they will have more to share and i said this yesterday a couple of times when i was asked this question in various ways that the president is focused on the american people, delivering for the american people. you will hear him talk about,

you know, some of that today, again, the campaign will speak to that. it is a campaign event. that is the focus. >> sandra: make up that what you will, kerri. >> kerri: yeah, you know, for starters, obviously, it would be inappropriate for a president -- for president biden to be making any kind of comment on this verdict given that he has sworn over and over that he is going to stay away from all of this stuff and the -- of course the fact that it is his political opponents, he would be speaking about and it does not help the fact that a top biden justice official left doj to come work here to prosecute donald trump. so putting the fact that -- the inappropriateness of it, from a public relations standpoint, i thought it was an interesting announcement that was flooded after various media channels because look, joe biden had a pretty bad news cycle last few days. he had the headline from politico saying that democrats are in full freak out mode. so as a former pr comes person, the first thing i would be taking us, we got to change the channel on this. we got to put something out

there to make people think not about how badly biden is doing in the news right now. so a couple ways you can do that. you can sent robert de niro to lower manhattan and see how he postings up. and the reality is, even if that backfired on him and the campaign, that is what everyone was talking about yesterday. they were not necessarily talk about how badly joe biden was doing. and secondly, by putting that out there in the news that he is going to be making an announcement, that gets everyone thinking ahead and expect leading about the news to come. they are no longer looking backwards. they are taking, oh, what is joe bailey going to say? so for -- from a pr standpoint, i thought it was pretty savvy. >> john: all right. >> kerri: not appropriate. savvy. >> john: jonathan kim let's talk a little bit about the jury since they are the center of attention right now even though they are noshing on probably what i expect would be some good new york deli. seven men, five women, three number one is a man who works in sales. are a number two, a man who worked in investment banking. mentioned that.

new york. number three is a man. he is a corporate lawyer. durer four to imminent security engineer, is a teacher, she is a woman. durer six is a woman. software engineer. the juror number seven, a man who is a civil litigator. that is our second juror. juror nine is a woman, a speech therapist. juror 10, a man who works in commerce. dura 10, a woman who works in development. and a woman who works as a physical therapist. that is a broad cross-section of new york's society if ever we have seen one. a couple of attorneys in there as we have mentioned before, how do you think based on your experience that the loop -- the deliberations proceed here. >> jonathan: well, the biggest wildcard is going to be the two attorneys. i've always oppose having attorneys on juries. batteries not because i can predict how they are going to vote. but because of the influence they can have on other jurors.

this is a very difficult case for injury to be able to work through. it is a very easy case to vote to convict. but, you know, you just accept what the government might have said. but if you delve into those -- these allegations, they break apart. but these entries could have a big influence in cutting that off in deliberations. >> sandra: lydia, a final thought from you? >> lydia: you know, in reviewing the makeup of the jurors and what they are being asked to do which is essentially set aside their own stereotypes and biases, you know, we have one juror on here who admitted, juror number 11, she said she thinks trouble seems very selfish and self-serving. so i don't really appreciate that any public servant. this will be it has as to whether she and the others can set that aside. >> sandra: all right, lydia, andy, jonathan, andy was with us last time jonathan and kerri

urbahn, thank you so much. trauma that is a pretty general description for many people in politics. entry in the trump trial will resume deliberations soon regardless of the outcome. what is the fallout for our political system? while she journal editor at large gerry baker joins us coming up next. it's easy as 1-2-3. one: call newday and apply. two: take out an average of $70,000. three: pay off your credit cards i'm admiral tom lynch chairman of newday usa. we hear from veterans all across the country. they worry a lot about being in debt and having the money they need for their families. big credit card balances can add up over time. and now just making the minimum payments can break the family budget. refinance and take control of your credit card debt. call newday usa and get the financial piece of mind that you and your family deserve

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come on, guys! do you hear that? i don't hear anything anymore. find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> sandra: the jury is now deliberating. it is a lunch break that continues. but they can continue deliberating to the lunch break. of his criminal case against an american president. to track is right now facing 34 charges in this new york case in the jury's verdict could have a lasting legal on all future u.s. presidents. alter journal editor at large gerry baker joins us now. you sat down i said it is almost surreal that here we are waiting on the verdict of a former u.s. president sitting trial for 6 weeks and counting now. >> gerry: i'm not going to make any judgment about anything we have heard were the lawyers, i

trust and respect have sent this trial has been very strange and lots of ways including the judge's summing up and charged with the jury. i'm not a lawyer. i can't speak about that. what i do know a little bit about his politics and legal applications. i find this very, very worrying because holistic -- let's take what little is now. let's suppose trump is convicted. let's suppose he is found guilty. the conviction will certainly have an effect on some voters and they may decide not to vote for him and he loses the election narrowly in november. and then the appeals court in new york will ultimately have the federal supreme court comes up and actually overturns the four and says, no, this was -- this trial was proudly held, what is going to happen? trump has quick trip has not lusitropic may have lost the election because of fundamentally what a lot of people would allege as malpractice by prosecutors and the church. and i think the larger implication here is how can anyone possibly think that this election will not have been influenced by all of this l'affaire? so i do worry.

i don't think the last election was stolen? i think there were lots of strange things. and i think last election and the end was very decided to go into much much easier to make the case for the selection was made because of all of this -- because of this legal stuff. and i think particularly if he is convicted, he can say, what chances i have? if i lose the election, what chance do you have with these people to this obviously political persecution, this obviously political trial against me? what chance did i have to win the election? it fundamentally undermines trust not just in our judicial system, sandra, but in the election itself. >> john: so gerry, it is john here in washington. how do you think people and i'm not just talk about trump faithful. but independence that may be democrats that are not really happy with joe biden are going to look at his trial and the fact that the judge had a very large strike zone for the prosecution according to our legal analyst, a very small one for the former president. and now then now the fact that the judge is saying, look, you

don't have to all agree to the jury of what happened here. you just need to agree that he committed a crime and here's a bunch of choices that you can pick from. it is not unanimity in terms of this is a crime and we all agree this is what happen. how do you think that is going to buy politically? >> sandra: i actually do think most people and most fair-minded people are not crazy for a trip or crazy against trump. they will look at this and say, have real reservations about his trial for the reasons you have laid out, there, john, this various curious george to the jury from the church and the whole conduct of the trial which i think has left a lot of people wondering whether or not this is really just his. and i do think, look, it reminds me a lot of the junk i've said this before, you remember this extremely well because i think you were in washington. it reminds me a little bit of the bill clinton monaco iwinski story when bill clinton was impeached and in the end most people thought, you know, this was a guy coming up in -- and offered that he was ashamed of and it really should not be a

legal or political issue and i think that is what most regular voters are going to think about this. >> john: we will see. >> sandra: great to have you on, gerry. thank you. we are watching the new york state supreme court for any news on jury deliberations in this trump trial. the proceedings and a lunch break for now but that jurors can still delivery. bret baier on what those where all this is headed next.

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♪ ♪ >> john: the biden campaign pivoting on its strategy. the camping setting circuits to the courthouse yesterday for a news conference featuring a bizarre appearance from an actor, robert de niro. bret baier is the anchor and

executive editor of "fox news reports." what did you make of what we saw in the streets of new york. >> bret: it looked to me like president biden is trailing in some swing state polls and the need to get some serious oxygen and perhaps some of the campaign and thought that this is the way to do it, to put a celebrity out there, you know, railing on different talking points that he has before, but doing it in front of the media and in front of the courthouse thereby breaking the bubble of the coverage of the trial. i do think it does not look, you know, great for the campaign. it does feel like it is an effort to grasp at trying to get attention. but what he said there was one of the campaign is probably most likely going to focus on, a threat to democracy, that he is going to stay in office if he wins. those things we have heard from biden surrogates, robert de niro is just a new one.

>> sandra: bret, great to have you on. is this a sign or a further sign as a political headline yesterday but it that dams are in a full-blown freak out over joe biden? the piece reads "a pervasive sense of fear at the highest levels of the democratic party over. and joe biden's were election prospects." even among officeholders and strangers who have expressed confidence about the coming battle with donald trump. are you hearing similar thoughts from the democrat party. >> bret: yes, and i have had numerous talks with folks who are in regular status. they have been that way for several weeks. really since the first new york times cnn college poll came out showing those swing state trailing in key swing states five or six. then it seemed to get worse as some of the democrats demographics in every poll that we look like including black voters, hispanic voters, traditional democratic stronghold seems to be shifting.

shifting enough that it is forcing changes in the campaign. so yes, i hear that inside democratic circles all over washington. >> john: so this has just come out. justice alito has sent a letter to congress saying that he is not going to recuse himself from any cases involving january 6. talk about the flags that were flying at his home, the upside down old glory and then an appeal to the flag that flew at his cottage. he said it was all his wife. he says my wife's reasons for point of light are not relevant for present purposes. my wife is fond of flying flags. i am not. he said he asked her to take on the upside down american flag but for several years, she refused to do so. he says i was not aware of any connection between this historic flight and the top and -- stop the steal movement. that was the appeal. and if it was my wife. she did not find it to associate herself with that or any other group. the use of an old historic

flight does not drain that flight of all other meanings. it has kahoot! in the american revolution. he is basically saying, i'm saying. >> bret: and democrats are trying to make a big deal about this and obviously because he has, you know, the key points of -- as justice in this trial to come. they are trying to get him to recuse. he is not going to and it is clear that he is not saying that he flew the flag. he is not giving care about the fight. >> john: it is an interesting letter to read because it goes into detail about the. >> that his neighbor was having with his wife and his wife was very upset about it and basically the middle finger to the neighbor. i hope she does. >> bret: it does make the question how much of the family member and what they do or don't do should impact how you look at a justice and their impartiality. >> john: beth, thank you. -- bret, thank you.

>> sandra: i'm watching the clock where the jury deliberating at a time the clock is ticking. all this is not in the hands of a new, juries. the jurors are currently on lunch break as we have been saying but they can't still continue deliberating during that lunch break. so we are awaiting the return from that. we're keeping an eye on all of the latest development. we will bring them to you. a quick break. we will be right back. when we say it'll be on time, they expect it to be on time. turn shipping to your advantage. keep those expectations with reliable ground shipping. thanks brandon. with usps ground advantage®. ♪

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♪ ♪ >> john: kumul charges against the golfer scottie scheffler have been dropped. attorneys say they cannot move forward with the case based on the evidence. scheffler had been accused of reckless driving and assaulting a police officer. the arresting officer, the one he allegedly assaulted, and does has also been reprimanded. we are not those for not following the proper procedure. sandra? >> sandra: the covid is the committee uncovering evidence of a possible conspiracy among top health official to evade investigators and cover their tracks by hiding public records on the pandemic. congressional correspondent i sure how she is live on the hill for us. were they giving -- getting help? >> reporter: we might point out. we are all going to soon probably made the foil league,

the so-called foyer lady. the committee tells us they know her name. her name is margaret moore but she goes by march and the german plans on bringing her in for a transcribed interview. >> achik worked with dr. lawrence? did she try to give him ideas of how to avoid voya? doesn't she feel that it is her job to engage and fully adhered to the law in releasing documents as requested? >> reporter: all those questions come after last week when dr. fauci's former top adviser, dr. david moran offered apologies excuses after a trove of his the most showed him trying to evade foia requests to hide conversations about covid and ecohealth alliance. in one of those e-mails, he writes, i learned from our foyer lady how to make these e-mails disappear but before the search starts. and more dramatic e-mails to fox one in which peter doncic calls

the group seeking public records awful just out to cause tribal, drum up lab leaks conversing. now, again, also sent the nih director a letter this we demanding a staff briefing by the next tuesday. so this is far from over as all eyes are now on this foyer lady. sandra? >> sandra: crazy. and we know you are watching it for us. aishah hasnie on the hill for us. thank you. >> john: a new jury about to wrap up its lunch break and consider 34 felony charges against president trump. our legal panel ahead as we await a verdict. you're the first to know when high rate debt is stressing your budget. but your family's service has earned you a big advantage. the va home loan benefit. with the lower rate newday 100 va cash out loan, you can pay off high rate credit cards and car loans. that's real money you can use to take care of your family

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