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,

gagged. i would like to answer your questions, easy questions to answer, i'm gagged and can't talk the way i would like to. it's not understandable. in other words there is no crime. it's called pick them like the lottery, you pick them. you don't have to be, just give a couple of votes. the judge unfortunately is corrupt. >> that was earlier. now a live look at the new york supreme court. 12 jurors are currently on lunch break and entering their eighth hour of deliberation to ultimately decide the fate of the former president donald trump. hello and welcome i'm sandra smith in new york. good to be with you, john. >> the question will it be today, tomorrow or next week. i'm john roberts in washington. this is "america reports" court kicked off with judge mechan rereading pages of instructions before moving to hearing witness

testimony from david pecker and david cohen. >> now it's unclear, john, how long the deliberations will last. if the jury can't reach a unanimous conclusion it's possible that the case could end in a miss trial. >> john: chairman of the republican national committee michael wattly moments away on how the gop is preparing for the potential verdict. >> sandra: we are live outside of the doter house. you look great there. we know they're in lunch break. they can continue deliberating. these are the facts. eighth hour they move into now. judge, to you first, paint the picture are you anywhere when this may happen and when we may have a verdict? >> you know i wish i would tell you. based on my years of experience they will bring a verdict at a

certain time. we don't know. we do know this when they went into the deliberation room yesterday it was clear they needed more information. they were not clear on some of the charges. they asked for the court's instructions. that tells me they're working. the fact they wanted testimony about a particular conversation, in the meeting of the trump tower. they got the read back where donald trump says i don't pay for stories a. i don't pay for stories. i don't pay for stories. both sides can take that to figure out. the counts are all very similar. there are fundamental basics here. think withins they get past if they believe michael cohen, the lynch pin of the case, i think they will reach a verdict quickly after that. >> john: shannon, want to ask you about a couple of things. the testimony the jurors heard today and reread of the

instructions. they threpbt through 29 including page 31 that says, all toe you must conclude unanimously the defendant conspired to promote or prevent they lucks by unlawful means you need not be unanimous to the unlawful means were. we described this year as a cafeteria choice. crimes you can pick and choose from. do you think that is a indication that the judge is giving the prosecution and jury more leeway to come to a guilty conclusion? >> shannon: the defense feels that way. they're pressing for weeks, really months to find out the understand lying crime is. our justice system dictates a defendant can defend themselves and need to know what the crimes are. it wasn't until we got to the judges instructions for the jury that we heard any clarity at all. we argue there is unknown there.

if you tell the jurors they have a particular underlying crime option, you have to spell out the elements of that. we haven't seen that done. those are the only three options they. have is it you figure out as a jury is there anything unlawful that came out. the idea they don't have to be unanimous. will we moe. >> if there is a conviction, of course president trump will want to appeal immediately. will we know what the jurors decided what the underlying crimes were. now without a special form we have no way of knowing. >> sandra: go awe head, judge. >> i want to add a point. what shannon is talk about with the underlying crimes not being unanimous. one has to do with the federal election campaign and the other is the federal tax crime. under that what state court, judge or prosecutor has a

jurisdiction. not seeing the verdict sheet and not requiring a unanimous verdict on whether it's a, b, c is even more egregious in terms of if there is a conviction what do they base it on. what were they unanimous on. what didn't they have to be unanimous on. they don't have a jurisdiction. this is a case unlike any other case. it's not a case of first impression. it's a case where hre let's pula rabbit out of of a hat to indict donald trump. you can't race a misdemeanor to a felony based on a case we have no jurisdiction over and we won't tell you about until we get to the charge. it's unheard of. >> sandra: judge, a quick follow-up on that. the political implications. i want to ask you about at that. we have the rnc chair coming up in a moment. have to think both sides are preparing for the outcomes here.

after the first day of deliberations it was said it's not fare i'm not campaigning. in here day and night in the biden witch hunt. he says this is a witch hunt, judge. the longer these deliberations take does it hurt or help the former president in his campaign? >> in terms of the politics, it obviously hurts him. looks there was no juriesification to allow this injury that is assessing if a former president and possible future president can be found as a fell on. felon. giving them a week off. i would say bring your toothbrushes. you will be sequestered. we don't want you out and about on memorial day being influenced. the idea is to make this go as long as it can. it's not fair to the jury. it's not fair to the defendant.

it's not fav fay to the justice system. everyone is laughing at us. >> john: shannon, one last question to you. the underlying means of committing the crime. the judge said two out of three outlined about judge mechan is federal crimes. the other is a business. he said they can consider the bank records with michael cohen's account used to pay off stormy daniels somewhere the bank records for the wire to keith davidson. and the 1099 form the trump organization issued to michael cohen. exception to the last one, the others are things michael cohen swears he bought himself without trump's knowledge. how do you connect that to trump

and find a felony in there. >> shannon: again a lot of that gets back to, as you said more documents being allegedly falsified. a lot of folks that's circular. you say which domino stops where you stop and start that the first documents are for the tpheurlg finding of documents. the second for the underlying crime. the defense has a big problem as others watching the case. it gets us back to the whole mystery of the underlying crime. we won't even know in they have chosen falsification of business records as the underlying crime to support the on top falsification of business records. it's a mystery to the jury if we will know that. it would of been more hopeful for all of us reading the tea leave it's they came out and asked for instructions narrowing it to two or three pages. we don't know if this is the only read back the jury wants to

hear. we don't know which portion of the jury instructions they wanted. now we wait while in deliberation if they will make another ask. is that all they disputed about or was there more to it and moriest s to come. it wasn't a quick turn around. we could be here longer than guessed initially. >> the judge could of said to them what part of the charge do you want me to read back to you. any experienced judge would of said that. this judge says i will read 7 to 35. >> sandra: fascinate ago signal sis, ladies. thank you. >> john: thank you. >> sandra: thank you. >> john: right now joining us is the rnc chair. michael, congratulations on your election to rnc chair. >> thank you. >> john: i want to play something president trump said

yesterday outside of the court room. he's resigned to the idea the cards are against him. >> mother theresa couldn't beat the charges. this is rigged. the whole thing is rigged. the country is a mess between the boarders and fake elections and you have a trial like this. a judge so conflicted he can't breath. he has to do his job. it's not for, i can tell you. it's a disgrace. i mean that mother theresa couldn't beat the charges. we will see. we will see highway we do. >> john: he almost seems to be resigned to the fact of facing a guilty verdict. if there is a guilty verdict what effect will that have on the campaign? >> i will say this every day he has been in court we're winning on the campaign. raising more money than joe biden while he's there. a million dollars a day is coming in while people watch this trial. we are up in the polls every

time. battleground states, issue poles. the american people know this is the weaponization of the judiciary. it's the latest example we have seen. we have democratic activists that are prosecutors and going after president trump and his ally as cross the country. we have a job to do with the campaign and make sure the american people understand the major differences between donald trump and joe biden. we have records for that. we have a four-year track record of president trump. we had a very secure sourpbt border, strong economy, strong standing in the world. we have four years under joe biden that's not the case. the american public understand this and they have weaponized the judiciary to go after him. >> sandra: thank you, michael, for joining us. sandra in new york here. the longer this goes on, i asked the judge her thoughts, the longer this goes on does it help or hurt the president in his

campaign? >> i think it changes how we campaign. you know you can't take a guy that can go around the corner to a bodega and have a series of conversations with folks and turn it into a 48 hour news cycle. go to a construction site downtown new york at 6:30 and joe biden is still in bed this. is a guy going to new jersey and getting 107,000 people to show up at a rally. will he be able to communicate directly with the american people. so far over the course of the trial he's able to travel wednesdays and saturdays. we are making the most of our wednesdays and saturdays. the key thing is the american people know this is a weaponization of the judicial system to go after joe biden's opponent. >> john: interesting article in politico.

they publicked and found that 66% of voters feel politics played a roll. 59% say biden played a roll in the prosecution. here is a quote from the politico article: >> john: is this already cooked? we take a look sometimes at the stock market. they have already baked in a razor a cut in the fed rate. is this a similar situation? >> i think so. there is 110% of american voters that have paid attention to the trial who understand who joe biden is. who understand who donald trump is. there are no uninformed voters at this time there. is a clear understanding this. is what happened under president trump this.

is what is happening under joe biden. it's better for the american people and american families. it was better under president trump. there is widespread acknowledgment. nobody is not aware of the case, they're paying attention to it. what we see in the poles we expect to go forward. that's every single battleground state we see leads for president trump because of where we are with the economy. where we are in the world. where we are with the southern border. >> sandra: michael, i want to ask about the economy and plan for republicans. the former president often times at the courthouse when we wants to redirect he says he's the guy for the economy. what can republicans do to bring down the sky high prices. the whites house touts growth and unemployment is low. touting record breaking stock market. people don't feel great. they're not feeling the effects of that. the main reason they say is because of the high prices and inflation. what are republicans saying they will do. what is the messaging.

how do you bring the prices down? >> look you have to bring down the prices particularly with energy. the fact that joe biden has declared war on american energy. we see gasoline prices up 55% vs four years ago. all of the inflationary trends we see now are directly attributable to the policies joe biden has put in place. the fact that housing. it costs twice as much to buy a house today from four years ago. rent sup from four years ago. this is the direct impact we're seeing. globally and all factors take en into account. inflation is 20%. housing, gasoline, food prices are all up. wages are not keeping pace. that's putting a hurt on the american families. >> john: we talk about the potential effect if the former president is convicted. if he's egypted he will be the pud wiser clydesdale breaking

out of the barn and burning jet fuel. michael, great to see you. thank you for dropping in. >> sandra: thank you, mike. >> appreciate it. >> sandra: we are awaiting a verdict. we are at the doter house and we are live on verdict watch next. >> at the end of the day most americans are following the circus. i think they view it as that a circus and abuse of the judicial system.

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specialists. thank you all for joining us. jonathan, your thoughts on that first. >> well, you have to assume there was some disagreement. you don't send out a note to a judge for clarification unless clarification is needed. that doesn't mean it's a serious block or breakdown of communications. the fact they asked about a inference could be the result of a couple of things. one is how much weight can we give the evidence. the other is do we have cooperation for michael cohen. it's interesting three of the four transcription portions they asked for are david pecker. it may reflect the fact that the jury understand that peck serra far more credible than cohen. all of this is inference. there is good things for both

sides on trump tower. >> john: lidlidia, i red your notes. the three unlawful means that bumped this up to a felony that the judge read to the jury. violations of the campaign act, falsification of business records, violation of tax laws. judge jeanine pointed out this is a federal law. how do you charge that at the state level? half of the tax law would be federal. could charge new york. you think he's probably most vulnerable on either the falsification to business records or the tax charge? tell us more about that. >> ya, i do. that's a really good point about the federal election campaign violations being a federal matter. what the question is whether the district attorney can even have the jurisdiction bring to bring that charge.

at this juncture with the charges moving forward those issues will be resolved on appeal .what i means in terms of the jury getting this evidence and being asked which one of the unlawful mans is present the business records and tax documents seem to present a problem for donald trump. i say that because the business records in the underlying crime could be satisfied if the jury finds that michael cohen l liedn records. it's not the object crime that donald trump lied on records. the intent to conceal could be someone else's unlawful act. that could be michael cohen. that be could be established by michael cohen opening the bank accounts. he testified he did. he lied saying they were open for real estate consulting servings not a n da for a

pornographic film star. the concern is if the jury is confusioned about fica or confused by the other election issues that seems to be a pretty straight way to find a unlawful influence of the election. particularly because they have a lap top in the jury deliberation rooms. they're able to view the documents engaged in the disdiscussion. there is a massive hurdle if donald trump had the in intento conceal. i think that's a point of vulnerability. >> sandra: kerry, what are your observations in our eight, eight and a half hours of deliberations do. you see signs or signals of disagreement within the jury? >> think the fact that they went back to the judge and had the questions signals on the tax crime issue though one thing

that troubles me we have sat in this courthouse for weeks. we have heard nothing about alleged tax crimes. we heard about it in closing arguments. we were suddenly told the jury had a smorgasbord to choose from for crimes. as far as a constitution al problem or due process it's remarkable we're here. the jury can find a underlying crime not flushed out with evidence or testimony. certainly if trump is to be convicted that is something to raise on appeal for sure. >> john: jonathan, one last question to you. due process and fairness. the prosecution went through the entire trial knowing full well what the president kate charges that bumped this up to a felony would be. the defense didn't have an idea. how in any universe is that fare? >> it's one of the glaring

coffins at thconstitutional ands in this case. we have layers and layers of reversible error. the fact that the jury can pick any of the three crimes. even if they don't agree on what occurred, shocks the conscience. you could have a four, four, four jury. only four jurors agreeing on what occurred. for most of us that's not constitutional and quite shocking. it's made even worst when these are ill defined crimes. the court says be a unanimous something happened with a second crime. you don't have to agree with what it is. that's a rather fluid standard. >> sandra: alright. thank you, very much. i know we will see you all again soon. thank you for joining us. >> john: thanks. >> thank you. >> thank you.

>> there was no fraud, no conspiracy. it's that simple. no primary crime there can be no secondary crime. >> john: we keep an eye own the courthouse awaiting a verdict. the jury is expecteded to resume at 2:15. how will the outcome affect they licks cation. >> sandra: that's the question and the president's son's upcoming trial is raising eyebrows. look who is here. carl will join us with hisdr. reaction in a moment.

>> sandra: alright. hunter biden's federal gun trial begins in a few days. the white house is working hard to defend president biden's visit to a star witness. we have fox news team coverage for you. carl will join us live in a few moments to weight in. we combi begin with peter.

live at the white house. what does the biden family not want out there? >> pete: icky text message. we know hunter biden has struggled with drugs. his parents say they're proud of his recovery. the defense wants to introduce text message for the impact on people around him. you look at the court filing. some of the texts they want to include. one is from the ex-wife to hunter. it says, i found a few crack pipes. i took them out because our daughter was driving the car. another one to bo's widow his then girl friend. i'm a liar, thief, i'm beyond all addicts you know. i have ruined every relationship i have ever cherished. again those are all from government fillings that also

suggest that halle biden will be a key government witness. >> halle bide sen a key government witness who allegedly disposed of a gun that hunter is accused of buying illegally. president biden was at her house this weekend. >> i think the american people should be told the true breath of this. he visited her days before the anniversary of the passing of her son. >> they did not talk about her testimony. >> this was not about that. >> pete: as ted cruz accuses president biden of witness tampering before her testimony. the white house insists that is not the case. see if it comes up monday. >> sandra: thank you, peter. john. >> john: for more let's bring in carl, fox news contributor and former chief house deputy of staff. i want to do polling from npr and newshour.

a poll showing this about trump. >> if trump is found guilty are you more or less likely to vote for her? more likely says ... less likely ... 74% of independent voters say it will make no difference, carl. if he's acquitted does he become teflon? >> i think if he's acquitted he will be teflon. this is the last case before the elections. if he's found guilty let's not underestimate a problem. the numbers like 11% less likely to vote for him. think about michigan in the clear politics average. donald trump up by one-half of one percent. or pennsylvania where he's up by 2%. wisconsin up by three tenths of one percent. in a close race like we're liking to have.

having eight, nine, ten percent of the electorate is a problem. >> sandra: do you think the numbers only get -- how do you see things changing ? we don't know how long the jury will deliberate or how long it will drag out. >> we know what will happen if they say acquitted. fine, it's settled now move on it will give him a boost. his people a boost. his money a boost it will allow him. we will see the old donald trump back. if he's convicted he has to find a right way to sort of say now we have settled that. i don't think it's fare. we have an appeal. i'm focused on what you care about. inflation -bgs immigration, the state of of the world, future of the country. he has to rise above this if he's found guilty. my suspicion. i'm mystified by this. what is the manhattan da

prosecuting a case based on supposedly federal election law. the fec took a pass. joe biden's department of justice took a pass. the democrat holding the position before took a pass. now the guy who said, running for office, i will get trump didn't take a pass. >> john: carl, let me put the graphic back on the screen here. it seems to me, look at independent voters. if 11% are less likely to vote, 15% more likely toe vote for you. isn't that a net gain? >> let's be clear who the more likely are. the passionate ask you porters of the president. we are not likely to have people undecided to say, as a matter, since he was found not guilty or found -- convicted of this i'm more likely to note for him. >> john: got it. >> those are the hardcore true believers.

>> sandra: i go back to you being mystified by this. this isn't politics, they are not weighing in, the president is quiet. yet he may speak immediately following the verdict from the white house. >> yes, that is to make it look not political. again who are the geniuses running the president's messaging. the best thing is keep your mouth shut. let it play out. when it's finished keep a discrete distance. if he's found guilty we know the focus is on the appeals. the appeals will crystallize how unfair this is. what is the da of manhattan doing trying to enforce the federal election law. that's the job of federal prosecutors. they say there is nothing here to see. sending out robert de niro. who is the genius thinking that up. not that donald trump policies hurt the country but he wants to destroy the country.

please. >> john: to the point you just made this. is what the wallstreet editorial said. biden is better advised to say nothing. a statement in the event of a conviction, will of the jury should be respected. mr. biden's son hunter is slated to go on trial for felony charges early june. will he comment on that proceeding too? you can't have it both ways, karl. >> yes, it's interesting. the hunter biden trial the white house may never comment on it you can bet every d day of the trial will weight heavily on the president of the united states. who will be affected by this in a profound way. >> sandra: absolutely, thank you, karl. >> thank you. >> john: thank you, karl. >> sandra: former donald trump facing several pos bibility s. we are told why the jury is

focusing on specific parts of the testimony and how it could affect the verdict next. >> the case of malicious prosecution is extraordinarily strong. >> okay. >> this is not a case that would be brought against a defend & not named donald trump and notrd running for president. with my grandfather. you don't get that moment every day.

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>> john: we wait for the jury in the trump trial to reach a verdict. jonathan has a look at various sent evansing options for the judge if trump is convicted. jonathan. >> hey, john. the sentencing possibilities for the former president range from nothing, no penalties at all to spending what would amount to the rest of his life behind bars. a sentence that could begin at new york's notorious riker's

prison. realistically neither seem likely. a complete discharge would be unusual after a felony conviction. as well as any lengthily prison term. but judge juan mechan would instill a short sentence of a matter of months or split time and three years of probation or three years of conditional discharge. probation is a possibility as a stand alone sentence and a conditional discharge. probation would include regular check ins with the probation department and whatever else the judge chooses that. could include travel restrictions putting an impact on trump's ability to campaign. if decided the probation was not necessary he could set a conditional discharge. requiring the former president to require the conditions the

judge orders over a three year period. taking that all into account if there is a guilty verdict there is a huge amount of pressure on judge mechan who has widely way in deciding trump's sentence. also any sentence judge mechan chooses could be stayed after the in inevitable appeal. all of this only comes into play if the jury delivers a guilty verdict in the first place. >> john: thank you, jonathan hunt. appreciate it, jonathan. san da. >> sandra: our next guest says he expects more notes from the jury to the judge with all of the elements here. bret, back to what jonathan just reported on there and what could happen here. a sentencing having to wait until after it's appealed. can you, can you add to that. i feel we're all brought along

here on all of the many possibilities that could happen. what could that look like? >> ya, sandra, it's -- there are so many different potential out comes here. let's assume then a guilty verdict. there could be an emergency appeal filed immediately with the supreme court of the united states to stay the i am position of sentencing. -- imposition of sentencing and address several factors. i think highest is the jury instructions. then what was allowed in as evidence. i think you also have the potential to immediately appeal the application of the law in this case. the manipulation of the law could be something the supreme court is interested in. we could not have that. the supreme court could say i won't grant a stay. then judge merchan is faced with the difficult decision on sentencing. >> john: brad, i want to a ask

through question. the instruction of the jury for the president kate crime. he said you must conclude unanimously the defend & conspired ... you need not be unanimous as to what the unlawful means were. there are three choices. you can have a possible scenario four jurors say he's guilty of this. others say no. then he's guilty of this. then they say no. the others say he's guilty own this. the other say he's not guilty on that. in that scenario at any one time you have eight jurors saying he's not guilty of that. how do you convict on that basis? >> ya, john, there is a nuance here not being discussed. the jury instruction that allows for that actually takes us back to the sixth amendment and the ability of a defendant to actually know what they're being

charged with. you can not put on a defense if the jury is allowed to have multiple predicate primes that it's going to review. reach a verdict on. so there is a combination hereof both bad instruction, bad allegations and charging documents, and the due process that a defendant is entitled too. i wouldn't be surprised if the supreme court says even if we don't think there has to be a unanimous verdict on the president kate charge we're troubled by the impact on the fifth and s sixth amendments of due process. >> sandra: it seems like a prediction on more questioning from the jury, more notes. so many specific instructions from this judge. >> ya, i think it's actually problematic the judge is not willing to give the jury the instructions.

the law. it's not unheard of. it's fairly typical for the jury to say can we have a copy. the judge certifies it's accurate and submits it. they reference the law themselves. instead this is a control tactic by the judge in order to maintain the narrative. >> john: alright, bret, we appreciate your time on this. have a great time in the mountains looks nice. >> sandra: thank you, bret. >> thank you. >> john: we're on watch for president trump's verdict. could he learn his fate as early as today? >> sandra: and what border control is calling a surge in special interest alien apprehensions. a live report on who they are and why you should be concerned. if you want to save hundreds of dollars every month, pay off the balances on your high rate cards

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to the united states. border patrol says they have en countered tens of thousands of them in recent months. the u.s. border patrol chief has said more than 52,000 special interest aliens have been ap rehepbted since october 1st. almost 90% in the busy s-d sector. that's where fox news reported from last week. where groups of men from special interest countries such as pakistan, china, turkey were crossing illegally in the middle of the night this. is a breakdown of the top four encountered since october 1st. more than 30,000 chinese. more than 7800 turkish. more than 3000 from use uzbekis. reported yesterday these six special interest alien men at

the new mexico border. texas reports their troopers arrested these two spanish speaking serian men near eagle's pass. they said they were trying to get to houston living in venezuela. >> we walked from sr sr venezueo here. >> they're suppose to sraoefpb special dhs vetting. our contacts say that's difficult. they come from countries not sharing records or databases with the u.s. sometimes there is nothing to vet them against. back to you. >> john: thank you, bill. sandra. >> sandra: the criminal trial of former president trump in the hands of a new york jury. the jurors are currently on lunch break. they can still deliberate during that time. we're on verdict watch with

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