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>> john: right now we are on verdict watch as the 12 person jury in the ninth hour of deliberation. trump's historic near criminal trial. are we any closer to a verdict? hello i am john roberts in washington. what do they, sandra? >> sandra: the predictions are definitely out there. everyone has got in their mind when they think this could happen but we are watching everything omitted of it and looking for any updates from the courthouse. i am sandra smith in new york this is "america reports." seven men and five women making up that jury are currently deliberating 34 felony counts against the former president. they spent most of the morning rehearing instructions and testimony from two key witn witnesses. it is unclear how long deliberations will last. the rnc chair told us last hour that whatever happens it won't

stop donald trump from getting his message out. >> i think it changes the way we have to campaign, you know? if you are not going to be able to 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. or a construction site in downtown new york at 6:30 well donald trump -- while joe biden is still in bed. he is going to be able to communicate directly with the american people. >> john: let's bring in our panel live from outside the courthouse andy mccarthy and trey gowdy. tray based on what we heard in the read backs and rereading of the jury instructions, what do you expect the jury is going to be deliberating on this afternoon? >> who knows? and i know that's not what you want me to say. i know you want more insightful device. advice.

the more cases you've tried god knows how many they've tried together, there's no way to know other than right now there seems to be at least some disharmony. i don't want to say discriminate yet, but all jurors are not singing out of the same hymnal would be my guest. someone for call testimony differently. some of them need to be reminded of the fact that cohen pled guilty and there may be a nonprosecution agreement is not evidence of donald trump's guilt or be closer to a verdict? we are closer to a resolution whether that is a verdict or not, i don't know. >> sandra: and he are you seeing any signs of disagreement within that jury? >> i think trey is right. it's too early to say that. really, i thought the first notes, sandra, were in the nature at least some of them of getting organized going back because it had been five or six weeks since they had heard

certain testimony to be refreshed on that. i also thought it was possible the jurors didn't realize until after they had heard the instructions that they weren't going to be given a copy of them. so that may be one of the reasons they wanted to hear them back again. so i will say what trial lawyers say which is we will know more with the next note. and we will see if we actually do. >> john: so in this we brought this with brett a moment ago, trey in this 55 pages of instruction to the jury, on page 31 there was this instruction to the jury. although you must conclude unanimously that the defendant conspired to promote or prevent the election to any person in public office by lawful means you need not be unanimous as to what goes on lawful means were. he gave them three choices. as we said with brett tolman i want to get your take on this. you could have a potential scenario where four of the jurors say well we think it's a federal election campaign act violation. and many other h jurors say no

we don't think he is guilty of that. four of them saying what we think he is guilty of the publication of other records. and the other eight say no we don't think he is guilty of that. than four more of the jurors say we think he is guilty of tax violations and the other 8 say we don't think he is guilty of that so if you have any one point it is possible they could be unanimous in all of this but if you at any one point have jurors saying no he's not guilty guilty of that, how do you come to a decision? >> it's really unprecedented and that's why professor turley and andy and i and others almost unanimously have been dumbfounded by the way this -- i mean i would have required if i were the judge a special verdict form. if you want him guilty of the underlying misdemeanor, that's fine, but tell us what tuxedo you were putting on that misdemeanor make it a felony. you have three options? right now what is clear is it you can be unanimous in your lack of unanimity.

and that is just not the foundation of our criminal justice system is not kind of a buffet where you can pick which desert you want. how do you defend yourself if you don't know what that second crime or attempted crime would be? >> sandra: andy, we are in this lunch break so i guess we won't get anything right now. ware that does the afternoon go? how late does this go? can you give us anything? i mean it was about 3:00 yesterday when we got a note the alarm went off, right? >> yes, well i think i can give you two thinks. one is i think we know they are not going later than 6 today, but with the judge said it will be up to the jury how close to y go up to 6 or not but we did hear that yesterday. the second thing is as john and trey were having that exchange it occurred to me that if the

four of us were considering that question about do you think it's the federal election campaign, do think it's the state election law, do you think it's the tax law? if the four of us were having that discussion and we could not agree on that, we say if the judges instruction on reasonable doubt means anything that if we can't agree on that than there has to be doubt? if we can't agree on that question which is a quarter of this case mainly what is the crime that exacerbates this still misdemeanor into a felony, if that's not doubt i don't know what doubt is. >> john: yeah i mean if we were sitting around and said okay, you take number one and trey you take number two and i will take three and center will take four and we will go and say we have come to a unanimous decision it doesn't quite meet that >> it doesn't. look, i mean there is a reason they could not go forward on the

misdemeanor. they missed statute of limitations they are trying to dress it up. i don't care if your name is donald trump, donald smith, donald jones, that is not composing out the fundamentals of a justice system that has been worth emulating where you can convince someone based on a crime and when the verdict comes back we still won't know. they don't have to tell us, john. there is no special verdict form where you say three of us pick this and five of us pick that. i mean, we will never know unless you interview the jury. speak i guess that's the point, right andy? >> it's a big question, sandra i think we ought to be asking. why don't we have the verdict? i mean why didn't we have the jury instructions? this is not the florida case, right? where it's all classified documents? this is stuff that is typically on the public record so we can look at it. to repeat something i said before, when i was a prosecutor, i wanted to weigh in and

influence everything that went into the jury room. it is very important what that all looks like because some documents can be designed in a way that is leading the jury to a particular conclusion. we ought to be able to see that there is no reason that should not be on the public record and it might give us a bench or stomach better read on what's going on here. >> john: andy, tray, thank you so much for letting us off this hour. we will spend more quality time with each other before this is all over but thank you, gentlemen. >> sandra: thank you, and you think you come and trey await a verdict how would an appeals process unfold if donald trump was found guilty question merck cb cotton joins us with that part of the story. how does this appeal process come into play with this upcoming election? >> hi, sandra more than five months out until the election so with former president donald trump found guilty on all or some of these charges the appeals process could buy trump some time to challenge the

conviction before the november election. he would have 30 days to file a notice of appeal to new york's division. the eric trump's legal team would likely request that any punishment be put on hold while the appeals process plays out. it would be up to an appellate judge on whether that request is branded, but fox legal experts don't think it will come to this because they believe the judge would likely weigh trump's status as a former president in the case of a potential senate save. >> he is under the control and council supervision of the secret service. there is no need to have home confinement or restrictions pending any sentencing and he will immediately appeal anyways. >> as for a potential conviction, there are a few grounds trump steam could appeal to have a guilty verdict versed. one theory is for trump's lawyers who argue testimony from and told him star stormy daniels was prejudicial. during daniel's tear down my testimony trump's lawyers called

twice for a mistrial as they argued that the level of detail she provided was "unnecessary" both of those requests were denied by judge juan mershon. trump a positivist defense team may also try to seek an appeal on the grounds of the novel legal strategy being used by prosecutors in this case. once again trump is charged with 34 felony counts of falsifying business records. and like we have been talking about those charges were elevated to felonies because prosecutors alleged trump used the records to cover up a second crime of the violation of a state law which prohibits promoting a candidate selection through "unlawful means." a lot to unpack and follow with this one, sandra. >> sandra: there is and you did a great job. cb cotton on that, thank you. on? >> john: thank you, jury deliberations under way we will break down what we learned from the jury knows is criminal mark eiglarsh. >> sandra: plus we learned president trump's fate whatever

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>> sandra: we are on verdict watch as the 12 person jury enters its ninth hours of deliberations now. before the lunch break jurors did request a review of roughly 29 pages of jury instructions and the jury also requesting to rehear witness testimony. let's ask mark eiglarsh criminal defense attorney who joins us now. mark, great have you back. what does that tell you? >> it tells me that jurors are doing what they have sworn. that is to find out what of the fact? they have to agree on what the

evidence proved and then see whether an application to the law whether each of the elements of every single of the 34 counts whether those elements were proven. till they are doing their job. they are not rushing to judgment. >> john: you know, mark, it can be a fool's game to read the tea leaves of jury requests and what they are thinking so let me get you to read the tea leaves if you will. based on what they ask for what are you thinking they are thinking about? >> no, i won't do that. i could tell you it means they are human because, like me, they can't grasp the 55 pages of jury instruction single-line read to them in an hour and they don't have a grasp of that without having it read back to them. they are human. so i think that's a good thing. they want to know what specifically has to be proven. >> john: when we think of it they wanted read back 29 of the 55 pages, that is an awful lot

of things they wanted to have reinforced. >> its thick exmac it's really think i've read of the few times it's not easy to understand. even if they had a copy which i wish they did. >> sandra: do you anticipate more questions? >> yes. yeah. more questions and that just means they are being diligent, they are being thorough they are not just saying yeah, whatever they going through it. when someone says wait remember what that missed the mike witness said three weeks ago no i don't. they may want some of this read back to them. it means they are being tho thorough. >> john: let's go back to that point we talked to trey gowdy and andy about it and brett tolman as well, this idea there is a cafeteria choice of what the underlying predicate crime is here that bumps this up to a felony. typically juries go in and they have to decide on a specific set of facts. they don't have a multiple-choice. maybe they have multiple choice for is a second-degree murder or

aggravated manslaughter or whatever but they don't have multiple choice for this nebulous thing that ties it into a felony and supersedes the statute of limitations. so what do you think these jurors are going through trying to figure that out and then there is the idea that if a bunch of them may disagree with the others but they are still trying to come up with something that says we are unanimous? >> yeah, add that to the list of what makes this case unique and arguably bizarre. mean most cases don't have pornstars describing whether or not the defendant were a condom. after defend them of the things the judge has done this is not him, he should did not write this law appear in the law was created by the legislators. and the legislators say they don't have to agree on the specific crime that he either intended or concealed.

so they cannot be unanimous on that but they have to be unanimous that he did commit the underlying offense of falsifying business records with the intent to commit one of the three crimes that prosecutors laid out. >> sandra: mark, jonathan turley has been joining us through our coverage on earlier he said this on the jury requests. >> it's interesting that three of the four transcript portions they asked for are actually david pecker which may show that he is more credible than. >> let's get your thought on that. >> speculation. he may be right he may be wrong, you really don't know. you don't know i once had jurors come out and ask the question what does instead of does they spelled it d-o-s-e unanimous mean? they didn't know. they came out, you don't know

what they are thinking. >> john: we know from the makeup of the jury they seem to be pretty astute people. >> right. >> john: let me ask about the potential for sentencing here if trump were to be found guilty and he didn't seem to show some sort of resignation to the fact that he might be. i would imagine putting him in jail is logistically not a good thing to do. it has been talked about confined at home? potentially, he has the secret service they are. but the secret service is not there to keep trump at home, they are there to protect them. there are also a federal agency and it's not their job to do it so would you imagine they would post a sheriff department deputies outside of trump tower could to give them an ankle bracelet? >> the answer is yes, they could give him an ankle bracelet. it would not be difficult to monitor his location. quite frankly, house arrest could be given with still permission for him to leave for limited purposes.

so it's not total lockdown. it's only up to the judge. this judge can impose a big time trial tax if he wants to end that's what it's called when you dare to go to trial in my division we have to send a message that, you know, you will pay for it. so there could be that. i think most likely he will either be put on house arrest or probation because i can't picture anyone who runs a jail or prison who can say i can keep that man save. i guarantee it. >> sandra: anticipation is surely building we are in our 9, 9.5 hours of deliberation so far and they continue mark, thank you. >> thank you. >> john: thanks, mark. >> because black americans voted kemal and i are president and vice president of the united states because of you. that's not hyperbole. >> john: if black americans are to deliver the white house for joe biden he has work to do. polls show him losing support with those voters well trump is making big gains. >> sandra: plus the president

has indicated for his team has indicated he is planning to speak following the verdict of trump's criminal trial. should he? brian kilmeade is here. -ugh. -here, i'll take that. woo hoo! ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. and a new fiber blend with a prebiotic. (♪) the tempur-pedic breeze makes sleep feel cool. so, no more sweating all night or blasting the air conditioning. because the tempur-breeze feels up to 10° cooler, all night long. for a limited time, save up to $500 on select tempur-pedic adjustable mattress sets. 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

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♪ ♪ >> we are invested in more to remove the lacquer leave a student at nearly 5 million americans. a significant number of black borrowers. i was able to keep my commitment to a point of the first black woman on the united states supreme court. justice ketanji brown jackson. >> they are tired of the same old argument. the divisive politics, judging us by our skin tone. we want to be judged by our merit, what we bring to the table. be to present by not on the same page of some of the minority voters he is trying to reach and claims he has. president biden and

vice president kamala harris had in jacqui heinrich live at the white house, jackie, what is their strategy? >> sandra in the biden campaign is not just telling black voters what he has done to earn their support, he is also telling them that trump is racist. >> he is that landlord that does denies housing application because of the color of your skin. he is that guy who won't say "black lives matter" the same guy who wanted to tear gas you as you peacefully protested george floyd across the mike's murder. what do you think he would've done on january 6th if black americans had stormed, think about this? what are they would've happened if black americans stormed the capital? >> biden campaign email said "trump is 'running on an anti-black agenda talking down to black voters 'the voters made it very clear all they need

to engage black voters is free fast food. they went on to announce a week of events at barbershops, hair salons, and black churches across swing states to get the word out about what biden has done to blue build black wealth through student loan forgiveness and health care costs. their spending eight figures on what they call "engagement programming" with black communications f black media and they say black voters deserve to have their vote earned. south carolina senator tim scott considered a top contender for trump's vp short-list tweeted of the black voters for the biden-harris event next stop on the panderer express. it is becoming clear that trump's rally in the deep blue bronx which drew some 10,000 people got the attention of the campaign. it is not an accident that biden brought the first female vice president along with him to launch this voter outreach

program targeting black voters and it may be an indication that we see more of vice president harris in the future. >> sandra: jacqui heinrich on that life at the white house thank you. >> john: cinderella spring and brian kilmeade "fox & friends" cohost and host of one nation. it could be the biden campaign is running scared here because democrats have really taken the african american vote for granted biden's support on african american voters 62%, comparing that to when it was at 80 and trump was at 14. he is making big inroads which can bring the election in states like pennsylvania. >> joe i will tell you what if those are the numbers we are seeing their internals must be more alarming because why else would he spend turgor of the last three weeks focusing on the african american vote? a number last week he talked to black radio personalities and

naacp appearances as well as different events during the last week including speaking at the commencement address of morehouse college which is predominately black schools come historically black school so when i was talking to charlemagne, one of the most impactful african american personalities here in new york city, he looked at that morehouse speech and said that it's flat-out pandering. he said that's not an inspirational message those kids want to hear. they are the finest among us they are smart people they want to be inspired. that's not the message but what is the same message he gave yesterday? the same thing. donald trump doesn't like you, america doesn't like you. you can't make it in this country. and then he goes into personalizing all the stories that can't be verified. that he partly grew up as a child in a black church. really? name two mentors met at the black church. about the fact he got arrested protesting nelson mandela's arrest? a delaware state he says he learned his most formative things at delaware state historically black college no one has any idea what he is talking about. he never taught there, he never

went there, but of course he says he had experiences there. and if you look at what he is trying to do he is trying to say that donald trump not only does not deserve the 23%, he says he does not like black people. and the problem as it goes against the persona of a uniter, a guy who is supposed to bring some columnist to the office. is that a guy trying to bring that columnist and intellectual iq to the office? i don't think so. >> sandra: talking about him missing the mark this is a virginia business owner and georgia independent voter bernadette wright listen here. speak of the black folks just want government to get out of the way. we don't need folks to do things for us. we don't need people to baby us. >> they can't keep putting us in these race baskets. accountability is here in america is ready for someone ready to lead from a place of understanding. >> they want to be told the truth, right? and not spoken down to. what struck me yesterday and edward lorenz was quick to fact-check this it got to me too

but president biden claiming that donald trump lies when he says black unemployment reached a record low on his watch. fact-check, it actually did. it has so under president biden but at first did so under president trump and it kept going down into another record low april of 2023. it has since gone up and is back above the lows of the trump years. so to be clear, he is telling people this never happened and it certainly did. the first record low for black unemployment did happen in the trump years so we will want to be told the truth and they want to know what the plan is to make things better, brian. >> as charles payne told me this morning as i said at 5.3 that was a record it dropped into thd but then it went to 5.8 which is where it's at right now pairing what charles says as brian, don't get caught up on that number. it's the quality of the jobs. of 5.6. at the quality of the jobs not just having the job it's the

quality of jobs and the standard has dropped. the other thing is i think at one point can we talk about americans? can we talk about americans? it's not so much people about donald trump he does not break it up into get me hispanic votes, give me black votes give me white votes. i will go to pennsylvania what does it take to win my pennsylvania? the one thing alarming too if you are a trump supporter and that is they have not set up big offices in pennsylvania and it looks like the infrastructure is being fanned out by the biden people. a lot can happen to you guys as you know as well as anyone because you do a lot of the election coverage is pennsylvania has a lot of runway. two entry points in every poll and as you get your message out and fan out the people will decide really who gets that state. donald trump the last six weeks have been caught up at obviously in the trial but it would be great to see his infrastructure of eric trump and your previous

guest mr. whatley getting this going in the battleground states but its alarming situation in nevada, arizona, dead heat in new hampshire, dead heat over in virginia now. so, these numbers are not lying, and to joe biden's reaction let me take the weekend off, i will come back friday and say congratulations to the chiefs and go back to the beach. interesting take. >> john: brian, good to talk to you we will see you on "one nation" the saturday 9:00, appreciated as the press headed back into the courtroom there. we expect jury deliberations to restart very soon. thanks, brian, sandor? >> sandra: there is the show 9:00 p.m. saturday watch it. thank you, brian. meanwhile this, cameras caught a driver trying to mow people down outside a jewish school. what police are now saying about the suspect. >> john: plus the outcome of former president trump's criminal hands in the criminal trial rather in the hands of 12 you nor mike to new yorkers, attorney will join us on breakwater and after this.

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to run over that rabbi, this is a video caught on nearby surveillance cameras with the neighborhood up in arms here you see the car going right up on the sidewalk the white for their tour of the group of men wearing yarmulkes outside of the church school be jewish men scrambling to get out of the way. than the driver just takes off. investigators say the group of students and the rabbi were targeted. members of the school are traumatized, listen. >> you turn around trying to ram them, he drove on the sidewalk trying to ram them in our own ran away. thank god he didn't hit me one. i guess i'm not shocked because of not surprised because it's just... i guess as we have become the norm by now. >> who is this driver is the question it is ashgar ali facing a dozen charges with murder stomach attempted murder as a

hate crime and reckless driving to name a few and busted by the school police, watch. >> this is the time we live in right now it's a crazy time, it's a dangerous time, and we just hope we can continue to keep the community somewhat calm and help the department out that's what we are here for. >> they are adding more security preparations and more cameras here behind me in this area of brooklyn. the mayor of new york city john says the driver was emotionally disturbed to say the least. >> john: good lord, it's crazy there. alexis mcadams for us, thank you, sandra? >> sandra: back to our top story jury deliberation underway the second day in the historic federal trial against former president donald trump. that verdict we know could come at any moment now. let's bring in william jay brennan former trump payroll corporation attorney. they say any moment now but there is a lot for that jury to go over and clearly we know they have questions. bill?

>> john: it looks like bill -- oh wait you are hooked up. >> sandra: you thought i was throwing the sound a new? unfortunately we can't hear the questions. it's okay go ahead. >> they do. they came out swinging, sandra. they came out with four strong questions. then they ask for a reread of important crucial testimony, and then they asked for a reread of the jury instructions. it is hard to predict if it's a few of them, one, one, they are certainly working back there and that buzzer could ring 20 more times or in 5 minutes with the verdict you just don't know. >> john: they asked earlier for the jury response was here. but we don't have any sound okay he said it's interesting that three of the four transcript

portions they asked for art from david pecker which may show that pecker is more believable than cohen peer to believe they were trying to get to the idea of whether or not there was this conspiracy between pecker and cohen and may be trump to catch and kill these stories although pecker in his testimony this was right back saying no, we did not turn this catch and kill we just bought the used stories and chose not to publish them but doesn't go to the idea of the jury trying to figure out if there was a conspiracy here which then may bump it up to this felony conviction? >> i don't know that it does. i think if i was sitting in that chair is one of the current defense counsel i would be thinking they have taken the entire testimony of michael cohen, they have excised it from the case, and now they are trying to see if the prosecution can get there on the remaining shreds. i don't know that they can, and

it's important to remember, john, they bought in evidence of the lying doorman with the nonexistent illegitimate child that got 30 grand. the mcdougall payments, none of that is directly tied to this case in a criminal fashion. they have to show because shockingly is payments to these three individuals on their face or not illegal. aftershow two things. that there was malfeasance in the record-keeping and the notations as to what the money was meant for and then to make that huge leap to a felony-land not just motive but intent to commit another crime. election fraud election finance it boggles the mind we are in the midst of deliberation and it is still a multiple choice as to what crime. so the law i think for what it's

worth the longer that jury is out the better it bodes for the defense. >> sandra: interesting. judge jeanine joined us earlier and she too set her mind was boggled. but it was on the point that the jurors were not sequestered, listen. >> to give them a week off is unheard of. i would've said on day one bring your toothbrushes, you're going to be sequestered. this is too important. we don't want you out and about on memorial day with family and friends and being influenced. >> sandra: so as they deliberate behind closed doors are you concerned about how they were told by the judge don't go research or read about the trial, of course, are you concerned what is and was already in their heads prior to what they heard in the cour courtroom? >> sandra i certainly don't mean this particular jury but it has been my experience last 35 years jurors do tend to do their

research. with the advent of the internet when i started practicing there was no internet. you had to physically drive to the crime scene. it's a shame because it makes it so tempting for them. they could be playing wordle and see trump trials i think they are violating the order. >> john: bill, 22nd answer here when we first talked to the unkind words to say about the judge but now this is coming to a close do still feel the same way? >> i do. i spent a lot of time with him. i think he is a gentleman. he is a nice man to deal with. >> john: bill, good to catch up with you again. >> you too, sandra. >> john: they wanted justice alito off of the

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>> john: justice samuel alito says he will not step aside on the cases connected to president trump and we note chief justice john roberts weighed in as well. our justice correspondent david trends now, no joy.

>> none at all chief justice roberts said as respectful he will decline to meet with durbin and white house the two democratic senators he says he wants to preserve judicial independence meanwhile yesterday justice alito announced his decision in two where letters addressed to congress he says he will continue hearing cases and the recusal decision is his alone to make. this all began, john, a couple weeks ago in a photo surfaced of this upside down flag hung outside the northern virginia home for several days back in january of 2021 just days after the january 6th 21 capitol riot. democrats say the flag shows the set up the steel effort when he said the tr election was stolen. he recuse himself from a januare the case involving former president trump's amenity claims alito told shannon bream a few weeks ago his wife hung the flag after a verbal altercation with a neighbor who used what he

called "the vilest epitaph that can be addressed to a woman" the neighbor that admits using the phrase to mrs. alito showed "the new york times" the two did have words several weeks after the flag was flown contradicting what justice alito told fox news he wrote to congress "i had nothing whatsoever to do with the flying of the flag i was not even aware of the upside down flag until it was called to my attention. as soon as i thought i asked my wife to take it down but for several days she refused. justice alito also shrugged and dressed a second flag at his vacation home in new jersey the "appeal to heaven" flag. they say has similar thoughts to end back to the revolutionary war and the chronicle reports it was removed in the last few days from the downtown public civic plaza in san francisco after flying for 60 years it went up in 1964, john. >> john: no end to this, is there?

david, great report, thank you. >> sandra: deliberations continue and donald trump's trial in new york city the latest from our legal team just outside the courthouse during this next. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) [street noise] [car door shuts] [paparazzi cameras] introducing, ned's plaque psoriasis. ned, ned, who are you wearing? he thinks his flaky red patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. ned? 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.

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made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. verdict watch continues as a jury deliberates 34 felony counts against former president donald trump. lydia is outside the courthouse. the longer this jury deliberates, who does it favour -- favour? the typical convention is that it would likely favour the defence. if they came back fast it means there is an agreement in that agreement would probably favour the prosecution. but it's really hard to say we don't know for sure this is the typical convention. but in this case it seems like that would be a good indication the jurors are considering the mountain of evidence represented before them, you know, just to remind everyone were talking about 1 month and a half long trial -- favor.

we have 80 hours of witness testimony heard by the jury. and mention person through all of that and applying it to jury instructions you cannot take with you into deliberations? it will take some time and you want to go through it carefully. >> so, based on what we heard this morning in terms of the greek backs and instructions to the jury, again we don't want to try to guess where the jury is going in this, but they do seem to be zeroing in on this conversation that occurred at trump tower which might speak to the idea of whether they're trying to get their heads wrapped around this idea of a conspiracy to influence the election. >> yeah, it sure does. you know, behold i'd -- whole idea that there was some alleged cast -- catch and kill scheme specifically asked to hear testimony from packer and collin. maybe they want to see if the testimony matched up and if they could corroborate what michael cole was saying since he does have some credibility issues but again, you know, just because

there would be some type of agreement, another interesting part of the jury instructions 1 would hope the jury would consider is that, you know, trumps mere knowledge that perhaps there is some type of agreement is not an indication he was a party to it. the jury we'll also have to look for other indications of his intent. so, that's what they are probably going through this evidence, looking for any signs that maybe he signed off on this, agreed to it, endorsed it, asked for it. not so sure we heard any of that in the testimony that we heard this morning. >> sandra: okay. thank you lydia. >> john: so centrally watch and weight and wonder when we are going to hear from the jury again. >> john: could be any minute or any day. great to be with you all and great to be with you john. >> john: 2:17 pm friday. set your dvr ever miss america reports they give are joining us on john robes.