rolaids' dual-active formula begins to neutralize acid on contact. r-o-l-a-i-d-s spells relief.

>> right now is that juries in new york versus chuck are back in deliberation, right after they were read by key witness testimony from david tucker and michael cohen. we might be good to read a little bit into that, we will get to that in a moment, but the judge also read key parts of the jury instructions. inside the courtroom does juries appeared intensely focused sometimes nodding their head sometimes taking down notes to help them guide themselves through this historic decision. a verdict could come at any moment and we will bring you live updates from inside and outside the courtroom all have a lock. hello, everyone this is "outnumbered." i am kayleigh mceany heal the harris faulkner and emily compagno. joining us today fox news contributor, marie harf, and fox news contributor and former nypd expec, paul mauro.

first let's bring in former assistant u.s. attorney and fox news contributor andy mccarthy w who is life out that the court house he has been there all day. andy, walk us through some of the jury notes and what we might be able to glean from them. i realize that there might be some hesitancy in reading series but nonetheless the first note that came out, when you look through what exactly was asked for, two of the piece of evidence were from its 2015 donald trump tower meeting and it was also in 2016 phone call with david tucker and donald trump that took place, and one regarding the get general counsel and advice that was set by david packer, the reason i bring all four of these pieces of evidence forward is that if they are all key to the prosecution's argument, in fact the 2016 phone call is on page three, anything to be read into this? >> well, you would have to think that they are examining the government's claim that this whole thing is not 34 counts of

falsification and business records, but instead a scheme to steal the 2016 election by suppressing politically damaging information. i happen to think that is not a crime. on the way that they are trying to sort of injected criminality into it is that there very own interpretation of the federal election law, which is not the interpretation followed by the justice department and the federal election commission, the two bodies that congress actually gave exclusive jurisdiction to to enforce these laws, but a lot of this, kayleigh mceany, they are making up as they go along exercise so what we are seeing is that the jury is having a look at what they had made up. >> kayleigh: note number three asked for a very specific portion of the jury charges and i was the inference instruction and what they can infer from the

testimony they have hurt. it wasn't for instance the false testimony jury instruction it wasn't just this witness have a bias, so hearing number three and number one those notes, they seem to be making inference here are seeing if they can make such a inference anything to be read into that? >> yes i think there is. let's look at it from two different ways. looking at it from the prosecutor side, what they want to do is they had this meeting, the testimony about the meeting between david packer and michael cohen, and the idea is can they infer from with the testimony says is this general agreement to bury information, can they jar and inference that when michael cohen and david packer took action it was action taken with trump's approval, which is what the prosecution's theory of the cases. now from the other side from the defense side and i really do hope that they look into this carefully because to me this is

like the slam-dunk part of the case that i am worried that the jury has missed. you cannot infer from michael cohen's guilty plea or the fact that david packer entered into a nonprosecution agreement that trump is guilty of a federal election campaign crime. so, the question i would hope the jury would ask upon that realization in the instruction that was repeated to them is okay well if we can't infer the intent or his commission of the crime what is the evidence that donald trump committed a federal election crime? what they will find is that until 2018, long after the charges in the case, there was no federal election commission or consideration in this case. it never entered into anyone's

mind until after "the washington post" or even "the wall street journal" leaked the existence of one of the nondisclosure agreement and then the federal election commission started to ask questions. prior to that there is no evidence in the case that anyone was even thinking about fico. >> kayleigh: fascinating analysis is always andy, thank you. paul, i asked about the first and the third jury note because we are trying to read any signs here, i also want to pair that with the what here as important as the white, what is the what evidence but why are they asking for this evidence are they trying to collaborate a conclusion they have come to or are they trying to convince maybe a juror who is dissenting? >> paul: one thing i have learned is trying to read the tea leaves of a jury when they send out the notes is a very unrewarding experience. to hold the fire of that, i'm going to smarten up the judge's instruction and the front of this case for my my own sake,

trump caused 34 fraudulent writings with the intent to unlawfully influence an election. that is the whole thing. so what does that mean? you have to get to number one -- he caused 34 for while jewish writings to occur. he had to have the intent for those 34 to be fraudulent he didn't write them down himself he calls them. if you don't get passed when you don't get to two. what you base number one on if you have a prosecution. michael cohen? i say we should do but i'm going to do it. i believe that the jury is trying to figure out a way to take as gospel here, to take seriously michael collins testimony because michael cohen is the only person who can speae intent, we don't have eliza buerk here who is the accountant who did a lot of these entries. so michael cohen is the whole thing regarding the intent for the crimes of life the

fraudulent 34 -- the jury is looking at this and going in order and be meticulous in their same we can all go home otherwise, and the jury said we can't discount a liar if we saw lies in court but, we could also rehabilitate him for lack of a better term by using other evidence. but with deeds the testimony and other stuff that michael might cooperate so they can say he's a liar he is a lighting corp. at that party was aligned by we have is of a piece i would move onto the second piece. i think they looking very hard at number piece and number one. >> kayleigh: they also seem to be following stein class, at the closing argument and has caused a lot of -- he went down the line and encourage the jury to do the same and he seems to be tracking that some may be on their own they are starting chronologically may be the truck in the prosecution maybe somebody is questioning the prosecution and saying no here's my theory is a case. >> emily: it could be so many things and i appreciate the

distinction in your introduction paul about the if so then, but you can't get to a subsequent step without ticking a box of the first one, so let's say let's take for arguments sake they are sort of exploring the crowd of contentment, remembering that packer conversation or the allegations of such that it also went to the fact that yes we went to kill negative stories all the time. so you hope that going back to that you are not trying to put a square peg in a round hole but rather to re-examine everything and let the conclusions fall where they make rather than trying to support for a predetermined conclusion. >> kayleigh: harris i would also note that i listen to the jury on this case, and she said look it took us a long time to come to this conclusion, ten days even though we were all in agreement. interestingly they were asked about polls, because we don't know if they'd taken a straw poll they often say that they

seek take straw polls so did they say who agrees and who disagrees and there they go from there or they try to use evidence and try to come to conclusion? >> harris: it's a great question because of what we have right now and that is on one charge several charges you can have four people agree around and that you can have the state charges of election interference you can have four people agree and on the federal charges of election interference you can have four people to greet. i just learned from phil holloway last hour at the former federal prosecutor it could go six and six how do you kill a hung jury at this point? if it is four and four and four, is it one from each of those? then you need to be people if it's six and six is it one from each of those groups that you need to people, the nobal days you have 12 jurors and one of them says no it doesn't fly with me it's a hung jury. it is fascinating to me, that really does matter in this case so it is hard for me to even approach where are they if you take a strong poll, they going to have to take several of them to get that breakup.

>> marie: is interesting here is to that point because i think that the jury if i were to guess i think they will either decide he is definitely done all of it or done none of it. i think it is splitting hairs in these very legalistic way about the different charges in the different counts and all of that i feel like they going to say yes or no. and emily to your point this is been a question in my mind all morning, as i've been thinking about this. the question of whether donald trump would've wanted the story aired if he was not running for president. this is the question. they said that we did this all the time, david parker also said it was a consideration that he was running for president there was a campaign ongoing, so that in the jury's mind has to be one of these questions they are asking themselves because if the client is to influence an election, he would've probably done even if he wasn't running for president when he had been at that time or in that way when you try to hide it? that is a different question.

but that keeps coming up in my mind as we think about how the jury might be looking at this. >> harris: the way i have read the testimony was michael cohen who said that if they had not been an election, they would have not gone for it, which does change it because now it's back on the fact of the shoulders of the convicted -- he did bring that information in the sense that they did this all the time and they wanted to raise this one because it was on the horizon and the horizon was porn star, but i believe that last part was cautious before they had said that they had done so much for the texas family and they did not want the newspapers delivered or they did not want the wife to also testify to the concern for his family. new new york v. trump, vertical watch continues, where we come back we would discuss what is next for the trump legal team iy convicts the former president. s food to the farmer's dog, the effects can seem like magic. but there's no magic involved. (dog bark)

it's just smarter, healthier pet food. it's amazing what real food can do. (restaurant noise) [announcer] introducing allison's plaque psoriasis. she thinks her flaky gray patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. allison! over here! otezla can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for over a decade. otezla is also approved to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts or weight loss. upper respiratory tract infection and headache may occur. ♪ [announcer] with clearer skin girls' day out is a good day out.

live in the moment. ask your doctor about otezla. cordless outdoor power, brings you the ego power+ string trimmer with powerload technology. feed the line, push the button and get back to work. ego, exclusively at lowe's, ace and ego authorized dealers.

>> emily: we are awaiting a verdict and new york v. trump decker find a presumptive g.o.p. presidential nominee guilty. donald trump will likely appeal any conviction and that could be a lengthy process, because of the five judge jeanine pirro joins us live outside the courthouse, on this historic trial, the money to judge, tell us if the former president is found guilty, they will be an inevitable appeal process what would that look like and on what grounds do you see the former president appealing? >> you know emily, they are so many grounds that the president could appeal this on in the event that he is to be -- or if he were to be convicted, not the least to be a violation of the fifth amendment -- the defendant was not given adequate notice of what the charges are or even in

terms of the evidence, number two, it's the fact that this case is -- people call it a case of first impression i call it a magic show. this is a case where the prosecutors, they apparently met for a week and a something and try to figure out a way that they could indict donald trump donald trump onto inspired misdemeanors with the family unbeknownst to any of us until pretty much the summation as the charge to the jury of a call and a, b, or c crime over which the state prosecutor like myself, has no jurisdiction, so you can include that certainly is going to raise those dead misdemeanors and ride to direct them if they're a violation of the federal election commission act, or if there violation of federal tax law, neither of which they have any jurisdiction in the fact that you have to have a unanimous verdict,

unanimous jury on any of the terms that's a violation of the sixth amendment and the seventh amendment. and the fact that in this particular case, the judge has allowed in michael cohen and david parker to be able to talk about the fact that they have been implicated not michael cohen specifically pleaded guilty to a camping violation and also david tucker working out a deal with the prosecutor and then magic with the jury you know what michael: was aiding and abetting for a federal election commission violations. and the first missing witness charge should have been granted against alan weiss of burke who was in the control of the prosecution who had relevant material evidence. and lastly there is no proof of guilt here. no one is testified that donald trump had anything to do with the invoice the vouchers or the checks all we know is that

he signed checks when he was talking on the phone and all of this happened after the election. we just heard or read back where donald trump has said, i don't pay money for stories or for stories, i don't pay money for stories. so what we're doing here is that they are trying to crucify a candidate for presidency, based upon make-believe tribes over which they have no jurisdiction other than that it's a good c case. >> emily: so judge, in the off chance that the president indeed is convicted and they do go through with this, during that phase with a sentence be stated so the former president can continue campaigning? would he be allowed to pursue his candid and seek or be hamstrung during this process? >> it's interesting, and a case like this assuming they were to be a conviction it's a car thief and felony, the matthew faces four years, but te truth is without a prior recordy

should be -- incarceration should not be considered however you can get bail pending appeal from the trial judge of the proud judge denies it you can request a pellet bail i assume the obese some motions here if there is a conviction and they go to the appellate division in new york and that can take months and months before it is actually perfected and before there is a decision that has brought them. there are other sections of course as you well know we've got probation a conditional discharge is and we've got a complete release based upon what has happened so far saying you are free to go but there's so many options here i am concerned about the judge he hasn't been found his case and this is in a political statement it is a legal one this judge is not fair to this defendant and it is a constitutional issue right now that i think that these lawyers could certainly take up. >> emily: thank you so much

okay let's finger back to the couch paul, what do you say on e option of what that like? >> paul: to the comments right there to the appellate division she is really summed it up well a few things, first of all the issue letting in extraneous stuff to dirty up the defendant that sort of a dumbed down version of what that is but why does that monarch in new york new york state court we recently had a reversal on that in the weinstein case so that's right. number two, in terms of conditions, you can put -- you could put them under probation and post travel so that is something that could be on the table every time they say what they will never do such a thing they do such a thing why do you get the feeling that this judge might proscribe donald trump's travel to the south bronx, and then lastly there is a problem here which if they get to it will be ten years from now with the statute itself is unconstitutional. at some point the statute that they used the intent to commit a

second crime, that thing is going to go. na this case can highlight what? >> to the weinstein analogy here, that took a couple of years. everything takes forever here and at the end of the day we talk about reversible error but we also talk about the prejudice and the fact that this is irreparable prejudice and its irreparable prejudice and injury to this candidate for president. >> kayleigh: bingo because that appeal would take place after the election. but, the biden campaign would have the benefit of saying convicted felon. how fair is that? not only that they keep the guy off the campaign trail potentially. i just have to put in! oh what you said the judge prescribing's -- this candidate has a lot of energy behind him gaining with black and latino voters prescribing travel from the south bronx very clever. >> it is interesting that the judge has so much leeway in this case the judge that donald trump

has repeatedly attacked online. donald trump has repeatedly gone after this judge and he has a lot of power particularly in sentencing here and that's the way the system works if it goes after the election that's what happens. >> harris: i know some of the focus for the segment has been on what happens if he's convicted and all the different choices but what if he is not? politically speaking that makes and teflon. because he's going to have new reasons to say that the justice system is two-tiered and stacked against them in this country and he can lay out his and also what he's been through with a critically looked upon by his judges, you heard judge jeanine saying that as well. so it is interesting, i don't want to call it a win, because this has been captive for him. but he is fighting a case against him. and victory for him might look like well, i am innocent and i need to get on the campaign trail like never before.

>> emily: up next for the chokecherry eventual verdict in the 2024 presidential race? what to come. ego, the number one rated brand in cordless outdoor power brings you the select cut mower. customize the cut with

three interchangeable blades. it cuts for over an hour on a single charge. ego - exclusively at lowe's, ace and ego authorized dealers. 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 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com.

only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our memorial day sale. visit purple.com or a store near you veteran homeowners, have you looked at the interest rates on your credit cards lately? get ready for a shock. the rate on credit cards is now over 22%. if you want to save hundreds of dollars every month, pay off the balances on your high rate cards with a lower rate va home loan from newday usa. and get the financial peace of mind every veteran deserves. no one takes care of veterans like newday usa.

type 2 diabetes? discover the ozempic® tri-zone. ♪ ♪ i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk.

side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. living with type 2 diabetes? ask about the power of 3 with ozempic®. >> harris: the court room right now, it jury are actually deliberate sipping from there, and the former president, and his team on the the courtroom because they have to be, that is mandated, new york, new york, versus donald trump still in deliberation at this point, we are awaiting a verdict. let me go outside the courthouse there are some serious questions around politics as you might imagine and how all of this, any verdict whatever way it goes what impact the 2024 presidential election. new npr polling shows just how today, a guilty verdict would make zero difference for 67% of voters. it is bacon. they know that they are problems with this.

maybe they know that they are problems with the justice system overall and their experience we don't know we would have to pool with my questioning. the number jumps to 76%, who will won't sway if it's a not guilty verdict. what do you? >> kayleigh: what assesses that a lot of this is faked and we were told if he was indicted that was it. if he had four indictments that was and he continued to rise in the polls, we were told if i was a mug shot that was it. if a court case began that was in it but that hasn't been a he's continuing to rise in the polls. they've been found that those who went from very serious crime went from 40% to 35% at the end of the trial, but the biggest number for me, and i mentioned this a few hours ago, is this, what are you closely following the news on? well, 65% said that they are found the following inflation only at the bottom under immigration is 42% were following the trial.

this is where donald trump is convicted should flip this on his head. 12 people had their say in the stormy daniels payment only talk about the gas payment and your grocery payment in your mortgage payment those of the payments that millions of americans will vote on on november 5th 2024. >> harris: 42% say they watching the trial that is right about where the approval rating is for the current president. so that's why i said to surrogate -- to outside the courthouse to soak up some of the limelight. >> marie: you are right that many people have a ready put this into their vote but we know that this election is going to be very close, quick couple thousand voters in five or six states, so even if two or three or 5% of voters change their vote because of this ad is enough to change a very close election. i think what the biden team is thinking about right now is whether if people decide not to vote for donald trump if they would then go to joe biden or maybe they will sit at home a third did not vote for a third

party candidate. no there is some percentage of people who were not vote for donald trump if you convicted how you them that's the question. >> harris: a quick follow-up because i am curious about how donald trump and jill biden go forward with a debate with all of this. we were talking about her last segment in terms of well 1 of 1 has to be sequestered bigger read that being donald trump of what that looks like, it seems like the big excuse for guidance as i get to say the word conviction now and maybe i will back out because i want to be able to tell america i am not going to debate him because he has been found guilty of something. >> joe biden will debate and i think he wants to debate and i think you will use it over and over again in the debate and i have repeatedly said on tv that joe biden needs to prepare for a debate that is different than any other debate that he's been in, donald trump is a very good debater he's also good at taking the limelight intake of the narrative had taken the topic -- exactly. and i don't agree with what he says but he's really good at it that i want the team to prepare

not just to see convicted felon convicted felon but to actually be able to go at donald trump. >> harris: powerful mountain dew for him, keep the energy up. paul, i would imagine other group reported state communicate with the from the present is all we were communicating last night and here's what he told me about waiting for the verdict, i am stuck in the election interfering courthouse, there he sits. already i can see out of the politics shaping up around that. >> paul: very clearly this whole thing is political in the message that it filters down to industry level here in america is that this is such a weird sort of case. i don't even understand it. so the message to people is this is a reach, it is not legitimate so what does that mean? the real battles over public opinion that's why you're getting things like robert de niro coming out that the courthouse ranting and raving because what they're trying to do is say okay we have this we don't see it going the way we hope so we need to sway

public opinion. i should mention that this covers all of the associate interested in this have a look at that's what's going on it's all about public opinion because the case itself has not held up. >> elevator called the politicized thespian ten streete should read it, but to your point, i agree. this is a self-fulfilling prophecy. they wanted to slap a label that this a convicted criminal fatigue or put the public opinion has not been swayed virtually as all, a slim minority might serve to affect but the point is people make a decision electorally after the excess hollywood taping beginning, they would make good decisions after they looked at his record so it seems to me that what this has done is not only alienate a vast amount of americans who see themselves in president trump but because it is a big case and a sham and because it is so clearly a narrative if they have tried to make succeed, that is what will

work in president trump's favor so i know many people who are galvanized, myself included and what i've seen in a gross miscarriage use of my tax dollars and the criminal justice system to hand string of presidential candidate if he loses his because he was stabbed in the side and presented the remic prevented from campaigning because of a conviction. >> and that gets people to the polls. >> harris: coming up we are awaiting a verdict in the new york v. trump, we will give you all the breaking news developments if they ask anymore questions we are right inside to tell you what is happening with the jury as we best can tell. plus joe biden and the president is trying to win over black voters. and they told the crowd that donald trump wanted to teargas them during peaceful george floyd protesting. stay close. . no fingersticks needed. all with the world's smallest and thinnest sensor. manage your diabetes with more confidence and lower your a1c. try it for free at freestylelibre.us

higher shipping rates may be “the cost of doing business...” but at what cost? turn shipping to your advantage. with low cost ground shipping from the united states postal service. ♪

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 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. introducing kardiamobile. with kardiamobile, the fda-cleared smart device, you can take a medical-grade ekg in just 30 seconds from anywhere. every morning i check, make sure i'm in good shape. and it makes me feel pretty

good about my heart condition. kardiamobile is proven to detect atrial fibrillation. and it's fda-cleared to detect normal heart rhythm, bradycardia and tachycardia. i mean, you might as well be in a doctor's office. get kardiamobile today for just $79 at kardia.com or amazon. this is david's look of joy. and this is his john deere z530m mower. ♪ that cuts with so much precision ♪ speed, ♪ and comfort, ♪ the only thing he could possibly ask for, is another acre or two to mow. the z530m mower is built to get the job done better, faster. ♪ you just have to get in the seat. learn more at johndeere.com/getintheseat

>> emily: president biden was in philly yesterday trying to drum up support from black voters, his campaign it was initiative and his attempt to rally that voting block, president biden repeated debunked claims about his involvement with the civil rights movement watch. >> i was involved as a kid in the civil rights movement, like i said in 1969 i got involved deeply in the civil rights movement. >> emily: he also tried to paint trump as racist. >> what do you think you would've done on january 6th, if black americans had stormed in. think about this. what would've happened if black americans had stormed a capital? i don't think he would be talking about pardons. it's the same guy who wanted to teargas you as you peacefully protest during george floyd's

murder. >> emily: this feels deeply outdated and unjust and unfounded. >> marie: the biden consent is concerned about some of the numbers they are seeing. the team needs to make a positive case for what they are doing, investment and hbcus he just had a bunch of them to the white house, and a lot of employment opportunities for black americans they have a positive story to tell but i think they need to draw what's happening between donald trump, because these are real things that donald trump's have said, there's a story out today about the very racist language use, so i think he needs to remind people of this, i don't think they should take black voters for granted and they have a positive story to tell and i want them to tell their story more. >> emily: i hope they include coverage of the wife calling people from mexico tacos, and

also calling grown african american boy -- there's a lot of -- >> paul: a lot of people have riches and fatigue, we want to see real things that impact black people's lives as well, i think the real translation of that clip is trump did really well in the south of bronx and that's not good for us. and really quick, there's a couple of misstatements in there, number one the protests were not all black and fat they were not even mostly black at least not in new york city, i was there that's number one and number two they were not -- that's a lot of rewritten history. i saw police officers -- so, i don't want to hear it. >> emily: the messaging of course coming out of the mainstream media seems to be sounding the alarm with the cnn reporter saying that the polling is indeed a bad sign for democrats and alarm bells are included watch this.

>> it's an alarm that is spiraling and police sirens and any alarm you could think of that should be what is going off on the democratic side these numbers to be honest could be deadly to the campaign. >> yes, with donald trump of course on track to win the highest percentage of black voters a and a potato didn't knk since 1964. that is quite something. let me quote someone i interviewed last week, who was at the valley here's what he said democrats try to use the race card to divide us but the country isn't so much disarray you have to think american, you're missing the whole point we are american a lot of people are waking up in saint do not divide us because we are in this together we are suffering together the paychecks are going up and not enough to keep up with inflation, and we are doing this together. change the facts because this is what people are truly feeling. >> harris: even within our own

cultures, and race and society if you work on the communities, i don't really get the point of this. if you are saying that you do not all feel the same what he see going to call black people who vote conservative? deplorable what you gonna do? if they do vote for donald trump is he not going to reach out? >> what they would do is call them uncle tom which is disgusting. speak to the color is not brown or black the color is green. the economy is what rules and he needs answers and positive movement to get us out of the ditch and inflation that we are in right now. if you do want to concentrate on the color it may not just be black people or hispanic people he loses. >> emily: jury deliberations are underway in new york v. trump this morning, judge merchan repeated parts of the jury instruction, the jury is requested to rehear several pieces of evidence. the court also won over parts of david packer and michael cohen's

testimony to which many jury mentors jotted down notes as they listen. another verdict could come in any moment now we will bring you live updates from the courthouse all hour long. plus, supreme court justice samuel fires back on calls to recuse himself from cases involving donald trump coming up next. healthier pet food. it's amazing what real food can do. hi, i'm ben and i've lost 60 pounds on golo. (guitar music) with other programs i've tried in the past they were unsustainable, just too restrictive. with golo i can enjoy my food and the fear and guilt of eating is gone.

♪ my back got injured very bad. i was off work for about a year. i heard about relief factor from my wife... i took it every day, three times a day, for three weeks. ...look at her and i said, "the pain is gone." and she said, "i'm glad it helped." i said, "no, you don't understand. it's gone." you, too, can feel better every day with relief factor, a daily supplement that fights pain naturally. call or go online now and get 35% off your first order.

>> we have fresh legal and political analysis coming up first rnc chairman will join us top of the hour, how will republicans prepare for any potential outcome and how could it impacts voters we will ask them and another big trail stops that's weak this time for hunter biden, we will see how this new development affects the race for the white house, join us live as "america reports" will happen at the top of the hour. >> supreme court justice daniel cerrito now says he would not recuse himself from landmark cases involving trump and the 2020 election. democrats are demanding that he stepped back from the cases after this upside down american flag was part of flying outside his home. it is associated with the stop and still movement but they explained in a letter that he had nothing whatsoever to pick

with the flying flag i wasn't even aware of the act identifies 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. democrats also pointed to this appeal to heaven flag outside of his vacation home. saying he carries a similar connotation. but it actually dates back to the revolutionary war, once again he said it was his wife's decision to fly the flag saying that my wife did find that 5% period of tyne and what is most relevant here is that i had no involvement with the decision to fly that flight. he says under the circumstances both flags do not constitute grounds for recusal, harris, the appeal again goes back to george washington -- it flies outside of the house because office. >> harris: the upside down flag was a symbol of distress since the nation's founding in the military as well. they would sometimes do that to show you that a ship was on fire

or something like that so that's been around for a long time as well. the big question in all of this is, by the way one thing you just mention on state property in california on gavin newsom's watch is i am wondering why it can fly to liberal paces if you can find other places that's not the point, he said he didn't know what was happening he asked his wife to take it down and she refused and this sounds like a household issue and i don't know if it goes beyond that. he says he is not recusing and if we go forward now or do we need to wait for someone to prove that he is lying about his marriage and his wife? this is an awkward place to be in. i don't understand what the point is. >> to underscore his point i love how they just decide historic relics are retroactively terrible to get out, in a case. here it is san francisco remove controversial appeal to heaven flag from civic center saying it's been co-opted and flew

there for decades but to get justice alito we have to act as if it was always a horrible flank. >> we know some historical symbols do get used, but that does happen, i want to quote one university of virginia legal expert who says i agree that justice alito's wife has the first amendment right to express her views but on their shared property in a way that would lead a reasonable person to question his impartiality he should respond by recusing himself i would say the same thing because if ruth bader ginsburg had put up the black matter flag i would say she shouldn't rule -- >> but she commented on tax returns. >> i'm consistent on this. who knew that she was just a flag enthusiast, but if it gives me reasonable people of the concern that he cannot be impartial the standard is recusal and i think he should be -- >> i appreciate your consistency. >> to extend this if you read

into the facts it's a neighborhood dispute. betbetween the lines and a neigr and this is where i think a lot of the reporting apparently the times and other venues went deep into the neighborhood to interview people this is the part you are not getting, apparently there was a blm activist who had really seemed to have been picking a fight or doing some hostile things towards his wife and the question is what would a police or even a restraining order where was the doj, supreme court has its own police department people to realize that wherewith a two that this thing out and get it to the relevant agency? should have been killed in the cradle of the entire dispute and then going back happened to judge kavanaugh but somehow we were told there was nothing to see here darius moore here initiative except early. >> i think if they had said this is bravo to the justice for responding with a cool reasonable response to what was

a frankly totally unreasonable demand we know it is up to each individual justice to ascertain whether they should be recuse but this is an arrest at that level he said no reasonable person who is not motivated by political or ideological considerations we desire to affect the outcome of the supreme court cases would conclude that this event does not meet the applicable standard for recusal so he is duty-bound to reject any said my wife has made tons of sacrifices including right now under threatens to escalate protests insults and works on the front porch and front lot in front of our home so he hit the nail on the head which is that this trash was brought to our yard and you expect us to kowtow to the senators no, thank you. >> they recalled a pretty despicable word but i can say this, i would move and i would find her neighbors but our momentum on the cover of new

york v. trump continues next, they are closed until 2:15 p.m. no notes will be sent to the judge until after then but the jury will be discussing throughout the break ? we say not today. tylenol 8 hour arthritis pain has two layers of relief. the first is fast, the second is long-lasting. we give you your day back, so you can give it everything. tylenol. number one doctor recommended for arthritis pain.

... introducing, ned's plaque psoriasis. he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. otezla can help you get clearer skin. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting.

some people taking otezla had depression, suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. live in the moment. ask your doctor about otezla. >> alright. we want to remind you we're now in a break. the court room has closed for lunch until 215 ph*pl. 2:15 p.m.now that's not the jur. they're in that room. they don't leave. if one gets up to go someplace like the bathroom they stop deliberating. lunch is served and they deliberate at the same time. donald trump faces the possibility of canning sent to jail, fines, probation is on the list. politically talk to me if he's not convicted. >> talk about a tail wind. i would say even with a hung jury. i was innocent all along, i have been vindicated by the jury.

now let's get to the business of the american people and let the sham go. >> harris: now route will they a political speech. >> there is indictments that donald trump faces. voters won't hear those before the election. think joe biden will double down on him being corrupt, immoral. maybe not a criminal but sh-pblt be president. >> harris: 15 seconds, emily. >> if he's acquitted i think will are store faith. fingers crossed. >> harris: everybody, so glad we got together for the live coverage. paul, thank you for being here. we're in the verdict day two. they're having lunch and tkphreub rating. "america reports" takes it from here. >> here we go again. five weeks i have been here,