balls, pro-v 1s they don't slice. i promise. beautiful decanter and we got some cocktail glasses all of that and more mouse pads, polo shirts go get it fox news dot shop and tonight "jesse watters primetime" an investigation. joe biden dei elmo. a special report. >> dana: what? greg. >> greg: tonight we have great selection of ass holes. sage steele, kat timpf, tyrus, tune in. 10:00 p.m. >> dana: okay. judge? >> judge jeanine: i'm on hannity tonight. >> dana: okay, kevin? >> kevin: virginia woman $50,000 richer used fortune cookie to put it in. >> dana: it can work. >> kevin: way too much sugar in these cookies. don't eat these cookies. >> bret: still looking for fortune cookies. thank you, mr. wonderful. thank you.

>> dana: bye. >> bret: see you, dana. ♪ good evening, welcome to washington. i'm bret baier. breaking tonight, the jury has questions and wants to hear the judge's complex instructions to them again. the 12-person jury in the former president donald trump's trial deliberating for four and a half hours before being dismissed by the judge for the day. the panel sending two notes to the judge this afternoon asking to rehear potential crucial testimony about the alleged hush money scheme at the heart of this history-making case. and, asking to hear the judge's instructions to guide them on the law mooner time the presumptive presidential nominee calling the criminal case against the former president a political witch-hunt in comments just moments ago judge juan merchan gave the instructions on the law governing the case and what they can take into account in evaluating the former president's guilt or innocence.

former president trump facing 34 felony counts of falsifying business records, charges punishable by up to 4 years in prison. correspondent nate foy is outside the new york state supreme court with the latest on all of this. good evening, nate. >> nate: good evening, bret. the jury deliberated for about four and a half hours today, this afternoon. this morning though, judge juan merchan during jury instruction revealed that the jury can find trump guilty in this case even if jurors disagree on the under lying crime that he allegedly committed while unlawfully influencing the 2016 presidential election. but trump maintains he is being politically persecuted in this year's election is being interfered with. >> it's a disgrace and i mean that. we will see. we will see how we do. >> jury deliberations are underway in the first criminal trial ever involving a former u.s. president. the jury will need to reach a unanimous decision to convict or acquit former president donald

trump. trump is charged with falsifying business records to influence the 2016 election through unlawful means. but judge juan merchan instructed the jury quote you need not be unanimous as to what those unlawful means. were there the three options for the jury include a federal election campaign act violation, the falsification of other business records, or a violation of tax laws. these are the possible crimes that elevate trump's charges to felonies. today the jury sent two notes to judge merchan, one to clarify his jury instructions. and the other to revisit testimony about a 2015 trump tower meeting between trump, his one-time lawyer, michael cohen and former american media ceo david pecker. during the trial, trump's lawyers accuse cohen of lying on the witness stand as merchan instructed the jury today, quote: if you find that any witness has intentionally testified falsely as to any material fact, you may disregard that witness's entire testimony. cohen is the only witness

directly connecting trump to the scheme to pay off adult film actress stormy daniels. while trump laments his time spent in court and off the campaign trail. >> they don't know what the crime is of. that's what the problem is it's a disgrace. this thing ought to be ended immediately. the judge ought to end it and save his reputation. >> tomorrow morning when court resumes, the jury will begin by revisiting those two notes that you mentioned, bret. one regarding the jury instructions from judge merchan and then the other revisiting testimony from david pecker and michael cohen. the trial resumes at 9:30 in the morning and the jury could decide to stay late until 6:00 p.m. eastern time tomorrow if they're close to reaching a verdict. bret? >> bret: we will be watching every minute. nate, thank you. more on this and the panel in just a minute. also breaking tonight though, we want to bring you. this justice samuel alito pushing back on critics and their demand for him to step aside from supreme court cases

involving former president trump and january 6th capitol riot defendants because of the controversy over flags. that flew over his homes k0e6r79 david spunt joins us now. >> judge alito announced his decision to two rare letters to congress in the house and the senate. he said simply i'm not recusing myself. i want to read part of the quote he said a reasonable person who is not motivated by political or ideological considerations or desire to effect the outcome of supreme court cases would conclude that this event does not meet the applicable standard for recusal. i am therefore duty-bound to reject your recusal request. the controversy began several weeks ago when a photo surfaced of an upside down flag hung outside the alito's northern virginia home for several days back in january 2021. this was just days after the january 6th capitol riot. democrats say the display represents the stop the steel effort at a time when donald trump insisted without credible evidence the 2020 election was

stolen. democrats gansded the leader recuse himself from a january 6th related case before the supreme court and, of course, the case involving the former president's immunity claim. but justice alito told fox news shannon bream exclusively a few weeks ago that mrs. alito hung the flag after a verbal altercation with a neighbor who used what he called, quote: the vialist epitaph that can be addressed to a woman end quote. neighbor who admits to using the phrase to mrs. alito tells the "new york times" the two had words several weeks after the flag was flown. contradicting with the justice told fox news. the "time" sites # 11 calls as evidence. justice alito wrote to to congress his wife's personal decisions are not his. he said i had nothing whatsoever to do with flying of that flag. i was not even aware of the upside down flag until it was called to my attention. as soon as i saw it, i asked my wife to take it down. for several days she refused. alito also addressed a flag that was flown at his vacation home

called an appeal to heaven. critics say that it has the same connotations as the upside down flag outside of his virginia home. i will note that it date back to the revolutionary war. in fact the san francisco chronicle reports it hung outside the san francisco civic center in downtown san francisco for 60 years and was just recently removed. bret? >> bret: david, thank you. bragg didn't want to brings it. the wouldn't use the number one election attorney. he is making the rules. he doesn't know anything about elections. >> bret: that was former president trump moments ago. we do have live pictures of him outside of trump tower after leaving the courthouse. waving to fans there. getting ready to go inside. as he makes that trek as he has done every day he has been in court and heads home, let's get some analysis now from fox news chief legal correspondent, anchor of "fox news sunday,"

shannon bream and fox news chief political analyst brit hume. good evening to you both. shannon, first, i want to start with you. this is a big day. the instructions come out. they are very complex to the jury. the jury is deliberating for four and a half hours and reporters in the courtroom say they hear this antique kind of sounding bell that rings and the jury has two questions. specifically, when you look at what they are looking at, what do you take from it? >> shannon: then want to hear testimony from david pecker, of course, who was running the national inquire running ami owned the national inquirer. they want to hear from michael cohen. what the defense has said this case is all pinned on michael cohen and you can't trust him he lied to everyone in his life. admitted to lying and caught lying. the jury wants to hear something he said and david pecker. says to me they want to hear about. so deals that allegedly there was conversation about how they would go down there. is mention of karen macdougall.

she is not part of this case. she did not testify here. but she was another person who was framed as one of these catch and kill stories that pecker was involved with for a different amount of money. a different situation. to me as if the jury still wants details on wasn't went down. and potentially these two men telling stories that ingo up. if they potentially are in conflict they are still assessing michael cohen as a sense or source of what they are trying to decide after the judge told them today you can disregard his testimony if you feel like he had not been truthful. >> bret: brit, the 12-person jury. as you look at them. we don't have pictures we have their titles and what they do. there are two attorneys on jury, and you know, one would think that they at least understand some of this. but it is very complex. take a listen to a cnn analyst about how complex. >> the crime here is not easy to explain and understand. i'm interested to see how they explain the tax crime.

that one also is tough for me to understand. falsifying business records in order to falsify business records. >> very meta. >> bret: these are people spending every day trying to explain this thing to an audience instructions hour and a half. truth social said i don't know what the charges are in this rigged case. i'm entitled to specificity like anyone else. there is no crime. obviously prosecutors think differently. what do you think about this case as the jury holds it? >> brit: i think it's very hard to assess how a jury would react to a case like this. i have never seen anything quite like it and when the jury instructions run to an hour, hour and a half and they are not allowed to take them back into the jury room with them to refer back to them. it's completely understandable to me that they might be utterly bewildered by this wholening. in the face of this confusing case with this very exotic

reading of the charge by the judge. since trump is not popular there they think they will get a conviction. i have know doubts. >> bret: tough to read juries. all politics is legal. all it takes is one skeptic juror and trump's team auto is eyeing one in particular who they hope might deliver. this person has appeared to nod along and seeming in accord dance with the defense at times and lit up when senator j.d. vance from ohio and trump surrogates showed up at the courthouse it. does only take one but reading jurors is always tough. >> shannon: it is really tricky. and it could be one who is asking these questions. it could be multiple jurors who are sending out these questions. remember, it comes down to unanimous. if you are going to acquit if

you are going to convict. i suspect that they come back and say we are at an impasse. we just can't reach agreement on this. the judge is going to do what is an allen charge and send them back. you have a duty as a jury. you have agreed to do this. we want you to look back all the evidence again and try to get to an agreement. the question is if there is a possible hung jury, how often -- how frequently or forcefully does the judge do that before they come back and say we can't just get there we just have no indication at this point what the vote is if they do come back hung up i do not think that judge merchan is going to accept that on face value at first pass as judges often do not. >> brian: shannon, while i still have you mark levin said if there is a conviction. legal advice in bush v. gore the united states supreme court interseeded in the supreme court the state court was establishing new standards for a presidential election. the manhattan trial court has done worse. if president trump is found guilty of any of the 34 charges,

i would strongly encourage the attorneys to seek an emergency appeal to the u.s. supreme court based at least in significant part on bush v. gore. in other words, saying that the onus here is because of the election and for the people who could vote for donald trump. unusual path to jump from the state court to the supreme court. there are instances and paths for that to happen. we have to see if they decide to todo. a lot of us are gaming out whether that would happen realize there is really nothing that they could lose in filing that -- filing with the court it. would take four votes normally to take up a case. five in many of the emergency situations. so you have to gauge how many justices might be willing to do that. it's not impossible tore a state case to jump over to the u.s. supreme court but it's rare. it does happen. >> bret: there is an election hanging in the balance. brit, last word, speaking of those justices, samuel flag story, what do you make of that and the fallout from it?

>> brit: i think the whole flag controversy involving alito's wife and all of that goes back pretty frivolous. goes back three years. one flag in question is one that has been noted earlier was flown in san francisco outside of a office -- of a government building for 60 years. it was one of the flags by george washington. silly stuff. alito's refusal to recuse himself is completely merited and he made the case by it why itdidn't meet the standard. this is what happens when judges don't rule liberals like. some of it being cheesy this being a single example. >> bret: shannon and brit as always, th thank you. surprising announcement from senior israeli official on the expected length of the war. later, one time presidential candidate, who knows prance vice

presidential prospect north dak burgum here on set. we will talk to him about a host of issues. ♪ this program is brought to you by b [music playing] tiffany: my daughter is mila. she is 19 months old. she is a little ray of sunshine. one of the happiest babies you'll probably ever meet. [giggles] children with down syndrome typically have a higher risk for developing

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♪ >> bret: the chief of u.s. border patrol is reporting more than 52,000 special interest aliens were apprehended by

border patrol since the fiscal year began on october 1st. almost 90% of them have been encountered in the san diego sector. special interest aliens are illegals from countries that have potential national security concerns. and they are supposed to receive additional vetting during processing. criminal charges against scottie scheffler, the world's top ranked golfer have been dismissed, ending a legal saga that resulted in him being arrested during the pga championship. scheffler was arrested prior to the second round of the pga for allegedly dragging a police officer with his car trying to get into the golf club. videos released afterwards did not show that dragging clearly. he had faced multiple charges including second degree assault of a police officer now all dropped. stocks were off today broad retreat. the dow plummeted 411. the s&p 500 lost 9, the nasdaq

dropped 99. ♪ >> bret: overseas now, israel's military says it has seized control of a strategic corridor of gaza's border with egypt. senior israeli official makes a grim prediction about the role of hamas. trey lynx has the latest tonight from tel aviv. >> in unexpected announcement israel's national security adviser said the war in gaza will continue for another seven months. this as top u.s. officials are urging restraint from the israeli military. and it continues to operate in gaza's southern most city of rafah and for their counterparts to develop the plan when the war is over. in the absence of a plan day after there won't date of birth after. if not, we will have chaos, lawlessness in a vacuum. >> with international pressure growing on israel, the country has maintained a mixed relationship with the biden administration but prime

minister benjamin netanyahu is not without friends in the u.s. today he met with senator lindsey graham who pledged u.s. support for israel as the international criminal court pursues an arrest warrant for netanyahu and his defense minister. >> i promise you that we will do all we can, mr. prime minister, to hold the icc in account for this outrage against the people of israel. >> as israeli troops operate in gaza today capturing the philadelphia corridor that sits along the border with israel and gaza. there is a renewed focus on support for palestinian civilians, an effort that suffered another setback when wn the u.s. was forced to stop aid deliveries to gaza by sea as the $320 million american floating pier was rendered inoperable by harsh weather conditions. the palestinian authority health minister on wednesday, called on the international community to step up pressure on israel to open the rafah crossing between gaza and egypt. an area that is now controlled by israel. >> i would expect that all our

friends and the international community. >> dark smoke could be seen rising from rafah wednesday as reports say israeli troops are now fighting in the center of the city. bret? >> bret: trey yingst in tel aviv. trey, thank you. up next, president biden heads to the keystone state again to try to gin up support from black voters there. then an exclusive interview with governor doug burgum of north dakota, former republican presidential candidate talked about a lot of things. first, beyond our borders tonight, a volcano in southwestern iceland is erupting for the first time since december, spewing streams of lava and triggering the evacuation of a popular geothermal spa. the eruption began in the early afternoon following a series of earthquakes. this is a live look at japan. one of the big stories there tonight, china and japan agree resume regular talks between their ruling parties for the first time in six years. the ruling party talks between asia's two top economies were previously held once a year have not taken place since 2018.

just some of the other stories beyond our borders tonight. we'll be right back. ♪ ♪ we go outside the friendship has kind of grown into a family i was overseas on a deployment. i got separated from my marines and i got hit in the neck, and it broke my neck and paralyzed me. 14 years ago, i was on a training mission. did a military freefall, and i had some faulty equipment.

i hit the ground. going, 30 to 40 knots and was instantly paralyzed. i met jack fanning when he invited us to park city, utah, through his foundation. i was able to actually get on the mountain and ski with my family, i can't put into words what that meant. i got paid in the military to do crazy fun stuff. and after my accident, i'm still that same guy. and when i was able to jump out of a perfectly good, helicopter, at 10,000 feet, i did it. i was talking to some vets last week amazing how we have these houses where they can come over because they■re in chairs too. carpet and wheelchairs don't mix very well. tunnel to towers, they got rid of all that. they redid my whole bathroom. that's probably the favorite part of my house. i thought they were just going to do the upgrades. but the surprise to me was they paid off the entire mortgage. when they told me they're going to pay off my mortgage, i cried.

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♪ >> bret: the battleground black voter blitz is on for president biden and vice president harris. the duo stumping in pennsylvania again today launching a new summer long black voter outreach effort as support from that block, as we have seen in recent polls, is starting to erode for democrats. white house correspondent peter doocy has that story live from the north lawn. good evening, peter. >> peter: good evening, bret. president biden goes to the philly area more than any other part of any other swing state a sign the campaign knows they are losing ground there, both he and the vice president are tinkering with their approach. >> as the gospel song goes: we have come too far from where we

started. >> peter: today's pitch to pennsylvania black voters. >> race is yes tenth everything i do. >> why they are quoting key group. >> key to the victory in 2024 because black voters have the most at stake. >> today's remarks come with revisionist history trying to make a point about trump by glossing over some of summer 2020's destructive riots. >> the same guy that wanted to tear gas you as you peacefully protested george floyd's murder. >> another hypothetical dealt with the capitol right. think you would have done on january 6th if black americans had stormed it. >> if he wins a second term, the president is pledging a more progressive supreme court. >> put in really progressive judges. tell me that won't change your life. >> if trump appoints any more justices, the first lady warns of unthinkable consequences. >> we will lose all of our rights. so we're talking about women's rights, gay rights, i mean, we

will lose our right. >> voting rights. >> yes. >> peter: first lady is arguing age isn't a one-sided issue. >> donald trump is going to be, what, 78. >> 78, yeah. >> joey is 81. they are basically the same age. >> president biden not making that point himself. >> president biden, will you be serving your full four year term or handing over power to vice president harris [inaudible] >> all four years or handing over? [inaudible] >> >> peter: president biden is now going to be in delaware until friday. only planning to come back to the white house this week for a celebration of the super bowl winning kansas city chiefs. the president has joked recently about a pending taylor swift endorsement, officials here won't say whether or not she is going to come and celebrate her boyfriend's team. bret. >> bret: one to watch. peter doocy live on the north lawn. peter, thanks. >> american people have already acquitted donald trump because the things that they're concerned about inflation,

crime, the border the economy, all of these things president trump is leading by huge double digits president biden. the sooner this scam trial can be concluded the sooner the president can get back to getting out campaigning and talking to the american people about the issues that matter to them. >> that was outside the former president's trial in manhattan. let's talk about the presidential race and all kinds of issues. joining me now north dakota governor former republican presidential candidate doug burgum. governor, thanks for joining us. >> bret, great to be with you. >> why did you feel it important go up there to manhattan. you were in the back in the court. we could see you when the former president talked. and then you ran out to the microphones there as we just showed. why was that important for you? >> i think, you know, i spent my whole career in business. you don't learn about your customers by reading a report or watching the news. did you go talk to them and the same thing here. there is so much misinformation about president trump, so much misinformation about the trial to actually get the ground truth

to be there in person and see it happen is very valuable because it's part of the way we have to explain to the american people what is really happening in this lawfare against the president. >> bret: you know, the jury now has the case. they have been deliberating four and a half hours. asked a couple questions. you were in that place, did you get a sense of this trial? what happens if the former president is convicted here. politically to him. >> day for me. having been there before, you know the old saying, bret, in the soviet union which is you show me the person, i will show you the crime. i'm sure there was some fear of americans during this scam trial, you know, this was a judge and a prosecution trying to find a crime. they never really identified but we saw it all come true today with the jury instructions where the jury instructions actually were go see if you can find, you know, one of these crimes. we didn't prove it, but you guys go off and see if you can find one. most juries are trying to find

guilty are innocent. find a crime. this sun precedented in terms of what is going on. >> it shows when you have hollywood elites at the sticks yesterday out in want from of the thing, it just shows this thing is political lawfare and americans understand it. and that's why i said the americans have already acquitted president trump because they know this isn't a real deal. >> bret: you don't think it helps him politically if he gets convicted, do you? >> i don't think it helps him if he gets convicted, of course not. but, it's not helping the democrats. i mean, every american should be concerned, every american should be afraid or scared because if you can take a business filing records case and magically turn it into 34 felonies. i asked myself as a business person i said, why isn't the courts in new york filled with ceos? there is tens of millions of business records filings that have gone on in the last seven years in that city, this is the only one where they have taken the ceo of a company and said oh, we think this might be a felony charge, we are going to bring new court for five weeks?

i mean, there's not -- there is not enough capacity in the judicial system. that's why these things are misdemeanors with the statute of limitation for two years. >> here we are seven years later trying to manufacture something out of this thing. so, yeah. whatever comes out of this thing, the whole thing has been a travesty of justin. i think that's what the american people see. >> bret: you have been speaking about energy, about inflation, about the economy, specifically from your vantage point in north dakota. you can hear the biden campaign talking about threat to democracy, talking about what the president trump would be if he went back into the white house. how do you see it and how do you think the voters look at this election right now air bases help protect this nation. the real threat to democracy is joe biden. the biggest national security risk we have is joe biden. and why do i say that? because a dictatorship is when you don't pass laws through

congress. you just have one individual start issuing mandates or rules that say this is our ideology and this is what you have to follow. you as an industry, you as a family, you in education. here we have the biden administration in north dakota. we are fighting over 30 different rules or mandating efforts. a single one of these might be 800 pages or 1400 pages long. zero have come through congress. i'm living in the biden bureaucratic dictatorship today. it's one of the reasons why we are out campaigning for president trump. because he is someone who, you know, he respected the states. he understood that the states created the federal government, not the other way around. he respects freedom. he respects the constitution. and we don't have that today. >> bret: you know, the border obviously is going to be a major issue in this presidential election. we talk about the southern border all the time. we don't talk about the northern border a lot. we just got this custom border patrol weapons seizure earlier this month north dakota border with canada. we don't talk about that a lot. what's happening there? >> well, what we have got, every northern state, you can go from

new hampshire from washington, oregon, montana north dakota, we have got 325 miles of border. but there is an increasing number of people that are starting to cross on the northern border. why are they doing that? they are doing it because, in part, the biden administration is so disrespected, these multi-generational families that work in custom and border patrol. and i have been down there more times than joe biden, more times than vice president harris because as the commander-in-chief of the north dakota national guard we have had troops deployed on the southern border, i'm not down there, you know, trying to post something on instagram, i'm down there to talk to the troops that are doing it and get the ground truth of what is going on. of course, they have thousands of positions open because if you are in law enforcement, you went into law enforcement protect the border. >> processing center doing paperwork. not computer work. actually paperwork saying hey you crossed the border illegally let me get you a bus ticket and plane ticket some place fill out this form. that's what we are having our

law enforcement do. if you can take early retirement in the border patrol you have. if you are somebody who say my grandfather law enforcement. you don't sign up they are telling you don't do this it's not law enforcement anymore. what is happening? they're pulling people off the northern border. we have 18 border crossings in north dakota tied for the most of any state in the northern -- across the whole northern border. and our staffing is down. border crossings are closed. it's effecting agriculture and energy because we have a lot of cross economic activity. they are pulling people down. our border crossings are closed because of the issues on the southern border. >> bret: governor, if you will stick around after a commercial break got a couple more questions for you. we will continue this interview. and later the historic case against former president trump is in the hands of the jury. we will bring in our panel and discuss that as well. ou ♪r

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♪ >> sometimes you need controversy to get yourself known. and he is a very -- he is not a controversial person. he is a very smart person. is he outstanding person who made a lot of money. he made his money in technology but he probably knows more about energy than anybody i know. so get ready for something. okay? just get ready. >> bret: get ready for something. that's the former president. we are back with north dakota

governor doug burgum. governor, he talks about you a lot on the stump. if he is getting ready to tap you for v.p. nominee, are you ready for that? >> i think it doesn't really matter who president trump's v.p. is the guy is so strong against every demographic, as you know you covered it even tonight. winning across every segment in this country, blacks, hispanics, people under 30, he is winning and he is done with that win because, you know, he represents the strength we need on the economy, on energy, national security. where biden is weak. but i think from a standpoint of the v.p. he has a lot of choices that he can choose from, i'm certainly not campaigning for him because of that. that was never part of the equation, i just another as governor of north dakota, how bad it is for this country if joe biden is president for four more years. >> bret: you talked about energy there that's one of the things you talk about a lot. i had you on the show as a presidential candidate. >> north dakota is a huge energy state. a lot of people don't understand that and not just oil and gas

but also base load electricity. we export base load electricity what is happening four hour meeting yesterday in north dakota, seeing a report that would scare every american because biden's policy of shutting down base load going completely dependent on inpermit tent at a time when the rules they came out and said oh, don't worry, it will be okay because electricity demand is going down. electricity demand is going up for the first time in 20 years because it of things like a. i which we need to be competitive in the world and because of all of biden's forced demand and subsidized demand around these evs which are not going to work. ev is like team china. liquid fuel that you can have clean liquid fuels in our country. that's team usa it supports agriculture and national security. biden's energy plan is actually empowering russia, empowering iran, empowering venezuela, it's empowering our adversaries and hurting the american economy, driving inflation. the energy policy of joe biden is at the root of the problems that we're having as a country. it's at the root of the wars

that we are fighting. it's the root of how iran can be the largest funder of terrorism. and then china who is our real biggest strategic problem is filling their strategic petroleum reserve and joe biden keeps draining ours to turn in his own personal political petroleum reserve. it's for strategic purposes like world war iii. >> bret: you were running against the former president as a presidential candidate. i asked you about this exchange when you came on the last time, but i want you to see how it has evolved. take a listen. >> would you ever do business with donald trump? >> i don't think so. >> why? >> i would -- i just think that it's important that you're judged by the company you keep and. >> you just wouldn't do business with him. >> no, i wouldn't. >> who are we going to send back to the white house? trump! that's fantastic. >> bret: how do you explain that evolution? >> well, i think it's easy. of course, i endorsed president trump early in 2016, one of the

earliest ones to do it, endorsed him in 2020. i was the first candidate this year to endorse him after i dropped out of the race. and he and i have always had a professional relationship like a governor vs. a president would. i have never met president trump before he and i both got elected for the first time as businessmen coming in november of '16 what a joyous night that was when he beat hillary clinton. it changed -- being a governor under president trump is fantastic versus being a governor under president biden. but i would say in january, after i endorsed him, i have had a chance to travel with him and see him, meet the real person, understand what he is like versus what the -- how the press portrays him, and i'm telling you, i have known ceos my whole life there isn't a ceo who works harder than this guy. he is doing it all because he cares about america. have you shown the slides from like from new jersey from that rally. people say well, you know, 100,000 people there? i said yeah, there were. there was another 15 or 20,000

we went by in the motorcade that couldn't get in on the way there firemen standing outside saluting him. you know, new jersey highway patrolmen, that are blocking the roads. they are saluting him as we go by. families, and the common denominator of the people that show up whether it's new jersey, i have been in no north carolin, vermont, i have been in nevada gaining. campaigning. people who show up are hardworking americans who love america. that's the common denominator. >> bret: when you were last here during the debate you had a basketball injury on your leg. minnesota timberwolves are in game 5 tomorrow night. >> yes. >> bret: they won last night against dallas. that's your team. >> they avoided elimination. my energy wasn't a little one. did you a great job moderating that debate in milwaukee. my performance was named the best presidential debate by someone standing on one leg. that's the record i'm going to hold going forward.

>> bret: all right, governor. thank you for the time. >> thank you, go wolves. >> bret: up next, the panel on the historic criminal trial. former president trump, we'll dig in. ♪ ♪ don't let symptoms define you. emerge as you. with tremfya®, most people saw 90% clearer skin at 4 months and the majority stayed clearer, at 5 years. tremfya® is proven to significantly reduce joint pain, stiffness and swelling. it's just 6 doses a year, after 2 starter doses. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. emerge as you. emerge tremfyant®. ask you doctor about tremfya®. ( ♪ )

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a bigger cohen problem than we even thought even though we prepared for it. >> closing arguments were just so long. and my bet very contrived. so i think there is going to be some confusion of really what is the evidence. >> bret: well, there could be confusion. the jury has the case and has had it for four and a half hours. and judge merchan had these very complex instructions. hour and a half to read them all. 50 pages. they regard -- and this is specifically about michael cohen's testimony. even if you find the testimony of michael cohen to be believable, you may not convict solely on that testimony unless you also find that it was corroborated by other evidence tending to connect the defendant with the commission of the crime. now, we take a look at the jury. there are two lawyers on that jury. 12-person jury. they asked two questions. one was to read back some crucial evidence, testimony by david pecker about a conversation with michael cohen

and the former president at the time, the president trump. and also to read those complex instructions again. so there is some confusion apparently. let's bring in our panel. charles hurt opinion editor for "the washington times." ben domenech editor-at-large for the spectator host of the ben domenech podcast on fox news radio and axios political reporter stef kight. charlie, what do you make of this? it's tough to read a jury as we talked about earlier what's your sense of this? >> i think it is impossible to read the jury especially with a case like this we have all been sort of playing this game trying to take all of it very seriously because it's in the news and one of the leading candidates is tied up in court. it kind of almost you struggle to believe that the case that they have tried to make against the president is actually the complete case because there's confusion as to what -- even the crime is supposed to be. and so, naturally, the jury is going to be confused by.

this whether that means they are asking basic devastating questions that is going to lead to something good for donald trump or whether that means that they are actually taking it all very seriously, which i have a hard time doing. and in which case it cuts very much the opposite direction they it to tie it to underlying crime which is like is a pick your choice don't have to be unanimous finding under lying crime there has to be one. >> have to be than news a crime was committed, the specifics of that underlying crime can very between the jurors. you know, i think it's interesting to see the way that trump came out of this last day as the jury went into deliberation, trump seems a little bit worried about this some of allies feel worried about this even mother teresa couldn't avoid these charges.

he seems to be at least positioning himself as readying for guilty verdict on this. we don't know what is going to happen. all it takes is one juror to end a mistrial there is a lot that can come on here. ben? >> ben: i think this is so ridiculous. the circle idea that this hangs on is the falsification of business records that only happened in the aftermath of an election that he had already won. business records that were kept internally that were not supposed to be public in any way. business records that would never have been public n. any kind of sense. the whole thing is an absolute house of cards. yet, the deck has been stacked against him from day one. and that's what i think he is realizing in this moment. i think that, you know, there is some consternation about the fact that this is the one thing, the one missile that's going to get through the various barriers and actually hit the former president in a way that i think, you know, creates political uncertainty.

>> bret: you know, a number of legal experts say it's a long shot but mark levin and others think if is he convicted they should expedite to the u.s. supreme court because of the election. if it is justice alito would be on that case. he sent a letter about this flag issue. saying his wife displayed the flags and he will not recuse himself. my wife is fond of flying flags. i am not. by wife is solely responsible for having flags put up at residence and vacation home and flown a wide variety of flags. a person who is not motivated by political and not desire outcome of supreme court cases would presume this would not d.o. no, sir the meet the reason for recusal that letter sent to congress. >> ben: stunning to see he even has to write something like this about the flag flown in front of his house. symbols have great meaning. the last time i saw an appeal heaven symbol it was on a patch that my brother war when he was

defending us and our nation around the world in afghanistan and elsewhere. it's something that is classic example, something that flew in front of the san francisco courthouse and capitol i should say until just recently. >> bret: since 1964. >> the idea that a supreme court justice would have to respond to any kind of suggestion from democrat senators that he should recuse himself because of such demonstrations that are completely covered by the first amendment is absolutely absurd. >> bret: stef, it does appear that democrats think this is one way or the other of recusal and it adds to a number of different attacks on the justices on different ways. >> yeah. i mean, this is just another instance of the u.s. supreme court on one hand being covered very differently than it ever has been and also continuing to struggle to show that they are impartial, that they are not racked up in the heated political atmosphere we all fid ourselves in today. it's damaging. we have seen polling consistently show that american people are losing trust in the

justice system overall and the u.s. supreme court. >> bret: charlie? >> much of that is intentional. the democrats don't like the court. and they want to undermine it. and this is a way of undermining it. and i agree. it's devastating for the court. >> bret: thanks for squeezing it in with an extended burgum interview. i appreciate it. tomorrow on "special report," analysis and the latest developments from former president trump's criminal trial. we have a cast of thousands there. i don't know if you have seen them all day. remember, if you can't catch us live, set your dvr 6:00 p.m. in the east. 3:00 p.m. on the west coast. thanks for inviting us into your home tonight and every night. that is it for this "special report," fair, balanced and still unafraid. "the ingraham angle" is coming up after this really pretty shot. ♪ >> laura: good evening, everyone. i'm laura ingraham. this is "the ingraham angle" from texas tonight. thank you for