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 roberts. >> sandra: i'm such a smith the story begins right now at

charlotte -- shannon outside the courthouse. hello shannon. >> reporter: hello and good afternoon everyone i'm shana greene and for martha maccallum this is the story. we are waiting to see what the jury does next here in new york city as we enter our 10 of deliberations. earlier requested the judge reread portions of the jury instructions and also what to hear testimony from michael cohen and david packer about the crucial 2015 trump tower meeting as well as testimonies surrounding karen mcdougall. we are told jurors were engaged and were taking notes and now we wait for them. here is the president before deliberations began today. >> a very sad day for america the whole world is watching and it's a very said day for new york. doctor 2 of these trials already. the same kind of a judge its all rigged. the whole thing the whole system is rigged. >> shannon: okay cohost judge jeanine pirro is with me.

you are poring over you're notes, let me talk about a couple thanks we know the jury asked for and get your impression. they wanted to hear this rain metaphor that the judge gave yesterday. it says, supposed to go to bed 1 night when it's not raining and you wake up in the morning he looked out it's not raining but you see this street and sidewalk are wet. under those circumstances might be reasonable to infer and conclude it rained during the night. what's your problem without? you do like that instruction's peat i used to tell jurors the same thing. but i would say snow. the problem with the rain is maybe there is a speaker system you never know. but it goes down to the fact that you cannot draw an inference unless you clearly have a fact that's established from which you can draw some kind of inference. is really as simple as that. and, you know, juries try to find out whether or not there is some special way to draw an inference -- >> they want a formula.

>> yes, and they want to know if it's any different than everyday life that you and i engage in. i would tell jurors it's no different in terms of trying to assess truthfulness of someone, you know, does it ring true to you, does it make sense in light of all the other things you've heard. and i think maybe the jurors wanted to hear it again but at the same time it tells you there already honing in on what inference they can draw from what proven fact. so, i like it. i like that they are thinking about things and going back and asking questions. >> okay another thing they asked about cactus caught our attention we were listening to the judge yesterday, this reference to michael cohen as accomplished. this is what the jury instructions has, a defendant may not be convicted over the testimony of accomplice unless it supported by corroborative evidence connecting the defendant with a commission of the crime. in other words even if you find the testimony of michael cohen to be believable you may not

convict the defendant's solely upon that testimony. but even just this reference to using the word accomplice with michael cohen, that's got to stir up some things for jurors because it's language that suggests to them pay these 2 committed some crime to gather and cohen as artie found guilty as part of that. >> right. and as i looked away i am looking at page 22 of the courts instructions to the jury and the judge has charged this jury under our law, michael cohen is an accomplice because there is evidence that he participated in a crime based upon conduct involved in the allegations here against the defendant. what the judges doing here is telling you michael cohen as an accomplice and that means he aided and abetted in the commission of a crime. he was complicit. he is basically sending a charge to the jury that the accomplice was michael cohen along with his defendant. i think this is where the judge is going to get into trouble if

there is a conviction. to me this is reversible error because the defense was not put on notice that this is aiding and abetting an accomplice testimony case, none of the indictment alleges aiding and abetting an complicity in terms of this defendant. all of a sudden you hear it in the charge to the jury. that right there is reversible error. but what it does is it tells us that they allowed the testimony to commend that michael cohen pled guilty to a federal election violation and david packer had a nonprofit with the federal election commission. that didn't need to come in. but now they are saying donald trump possibly through the federal election law committed this felony that then makes these misdemeanors alive and well today. this is like a magic show or smoke and mirrors where they are saying look, he is an accomplice. the federal election campaign elections. -- election campaign and you can

find trump wasn't responsible under that. it's vary strange. it's never been done. in the history of this state where you take 2 dead misdemeanors and you allege 1 is the column a., b. and c. is a federal election campaign violation over which there is no jurisdiction for the federal court. and he said michael cohen's accomplice of log. this is riddled with error. >> shannon: with it has to be so confusing for the jury and you and i know the way it is set up it gives so much power to the judges. it's like this in some other jurisdictions as well. if he alone holds onto those jury instructions they have to keep my back to him. as a former judge or like i don't mind the judge has so much but this power does have -- judge have a lot -- this judge does have a lot of power. so far no word of any note but we will try to draw any information if they can come back with another notification. thank you very much. >> they will be in there working hopefully. >> shannon: coming up a new

poll showing strong support for donald trump, a key group of voters. full-blown freak out mode over president clinton's flailing support. >> i'm here to tell you the freaking out the democratic freaking out is just so tiring. >> shannon: killian collie, markey's and and north dakota governor mark burnham are still on tap ahead as we await the jury's next bit here in lower manhattan. she passed them down to you. but who passed them to her? ancestrydna can show you the people and places they came from. your genes are one of a kind, find out why with ancestrydna. we planned well for retirement, but i wish we had more cash. you think those two have any idea? that they can sell their life insurance policy for cash? so they're basically sitting on a goldmine? i don't think they have a clue. that's crazy!

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as we wait for the jury's next move here in new york, president biden is in delaware and ahead of the hunter biden federal gun trial that begins monday.

he will be deliberately low-key as they watch the trial for any moments that could be challenging for the president's campaign. the white house correspondent peter do see reports from the north lawn, hey peter. >> hi shannon. this trail is a bit different because president biden is not being charged with anything, but it could reveal some unflattering details of the ayden family dynamic. when you look at the filings from the government about text messages that they would like to admit in this trial begins monday 1 of them has hunter's ex-wife texting him and i also found a few crack pipes. i took them up because our daughter was driving the car. there's another text from hunter to pose widow and his girlfriend hallie i'm a liar and a thief and a blade mayor and a user and i'm delusional and an addict. unlike anything beyond and above all other addicts that you know. i ruined every relationship i've ever cherished. hallie who is on the receiving end of the text is expected to take the stand on behalf of the

government's case. >> hallie biden is a key government witness who allegedly hunter is accused of buying illegally. president biden was at her house this weekend. >> i thank the american people should also be told the full breadth of this. he visited her days before and the anniversary of the passing of his son. >> so they did not talk but it her testimony. >> this is not about that. >> republican critics are not satisfied with that answer though. >> were going to talk about the rather astonishing fact that right before the hundred biden trial, joe biden decided a little witness tampering is a good way to start the trial. >> president biden is in delaware right now there is no distance between him and his son. the defendant on monday they were together on marine 1 today. shannon. >> shannon: thank you peter. andy mccarthy joins us former assistant u.s. attorney and fox

news contributor a new national review article here is what he has to say. from start to finish the judge has put his thumb on the scales in the former presidents manhattan criminal trial. so yes, and he mccarthy joins me now, not yet promoted to aji along with mr -- great to have you both. that make it to this hunter case before you get back to what we're waiting for in the verdict. tray you had points this morning about this. you're prosecutor has handled these kinds of cases because there is a plea deal of some kind. conversations the hunter team wants to argue are still in place. to different federal trials this first week next week. >> i think it is entirely legitimate to go forward on alley allegations of tax violations if you have allegations of corruption go forward on it.

i don't know about andy and never prosecuted someone for trying to buy a gun or possessing a gun who is a drug addict. i'd be curious how many cases doj made. point number 1 i don't think donald trump all to be the victim of a novel broke prosecution and i don't think hundred biden out to be 1 either. go after him for all the other stuff. but addicts being prosecuted for a position of a firearm i'd be curious how many other people suffered that. the other point that's worth making is 50 intelligence experts said his laptop was disinformation. 50. guess what exhibit a hundred biden's criminal trial is, a laptop that was allegedly russian disinformation. 50 people of the american people an apology. >> so let's get to this case would you also think problems -- you both have problems with this. andy what your latest take as we

wait on the jury, will get another note will he get a decision? >> tray and i were talking about this a few minutes ago, we've said again and again it's 34 counts and i think that puts the idea in people's minds there is all off a lot to work through. many of us who have had cases with lengthy indictments it's not surprising a jury takes a long time. but this really isn't 34 counts shannon it is 1 count 34 times. it's really every single count is the same count. to the point where logically you would think if they could work their way through 1 they should be able to get the other ones really quickly. so my tendency would be to thank the longer it goes on, the better it is for the defense because we shouldn't delude ourselves into thinking they have a hard time working through 34 counts. they really have to answer only 1. that should really be the answer. >> to factual differences and dates and times but the underlying essence of what they are is essentially the same. let's play this now because

james has a feeling. >> tried a lot of jury cases and you can fully tell but it seems to be a strong case. high likelihood of conviction some likelihood of a hung jury almost 0 an acquittal. >> shannon: okay is that kind of where you guys are at? a good chance of hung jury and no chance of acquittal and chance of conviction? >> i thank an acquittal would be tough. that is my judgement. and that is not a common of all the facts as much as it is so much of where we are with the rulings that took place pretrial and during the trial. chi thickets headed that weigh. i've always thought it would be a hung jury i think we were debating whether it would be tended to, 11 to 193 but i don't see an acquittal. but that's more common on the

way. >> john than think you pray much. don't go for we needed. our coverage of new york the trim continues. coming up leave that attorney general -- kelly and conway kellyanne conway she says it would make it unstoppable and november. spect elmo trump had a slight lead before the trial began and now he continues to have a slightly. it's still very much a winnable race for joe biden but at this particular case the trump train is moving faster than ever before that doesn't show any signs of slowing down despite the criminal indictments against him.

>> as we wait for a verdict here trump trial a new poll shows that may not have much impact on how americans actually vote come this fall. 2 thirds of registered voters say it makes no difference if they presented gop nominee is found guilty in this case. as jen sacchi sounds the alarm opened the state of his campaign. >> they know they need to make up ground here. all was not lost. it might be okay. we have some time to go here. everything they're doing out there right now is about gearing up for the debate and less about

the trial we are all watching. >> okay so calm for now right week. >> i mean don't be too calm. >> let's bring calvin -- kellyanne conway, fox news contributor. also mark thiessen former speech writer for president george w. bush and now an american enterprise institute senior fellow and washington post columnist and former biden 2019 -- 2018 circuit. we fancy totals for you because you bring a wealth of knowledge to this conversation. does begin with this interesting new polling we have. this is from npr pbs news hour. president trump holds a big lead with independence has him at 54%. president biden 42%. is it really going to come down to these independents? it seems like the really hard-core base on either side are locked in with them when they are going.

-- where they are going. >> yes. that's the highest lead donald trump has had among independents since mariss was actually the question about these 2 paragraph think it's significant because why does someone call himself or herself an independent? they are not moderates, their nationally suspicious of government. institutions for better or for restricted don't like the 2 parties, they don't like those who have been watching for over 50 years like joe biden. i think donald trump is presenting himself as causing common and mostly in charge and. an outsider to the system like the rest of us. the other thing that struck me in the marist poll is is that trump is only behind by 11 points among nonwhite voters. that would suggest even this 11th hour push of joe biden to reclaim quote lack voters in philadelphia straight isn't working. you got show biden khakis served as vice president yet he has to

go to philadelphia and an ounce of blackwater initiative. whatever happens in this case because we released a poll with similar results today, 2 thirds or dug and they won't affect their vote either way. 22% of those states particularly young men and people of color and urban voters say they be more likely to vote for donald trump. it doesn't seem high but it is huge. contest won or lost by a handful of votes across a few swing states. biden has some work to do among these core constituencies. the last point, the 1 thing that 1 change regardless of the verdict is biden's strategy. that's worthy of the problem here. it's all trump, trump, trump. biden is not out there touting his a couple mins its all trump all the time. >> and market, to that point happy people close to the biden campaign who say they are frustrated because they feel

like the white house is not taking their advice and they think it's time for the campaign to have it pitted here but with that in mind, the chief political analyst at the new york times said it's very much still a campaign trunk and went. saying biden's 2-point deficit makes this closer then the election day from previous election use. if the election were held tomorrow it wouldn't be surprising if mr biden and 1 buy narrowly sweeping pennsylvania and michigan and wisconsin. we know the polls will tighten our, how we should temperate -- how should we tamper and adjust these numbers? >> first of all trump's leading in all the swing states you have to take into account he never had that lead in previous polling's so it is significant, he is favored to win. but he is only outside emergent ovarian freeze swing states and it doesn't get him to 270 it's 268. those are all statistically tied and it will get tighter as the election comes. i don't think this case is going

to have much of an impact on him because first of all trump is not a new challenger that democrats can define for the american people he is pretty much all -- already defined himself. this acquittal won't make much of a difference in that. but they dislike both job and an donald trump but the reason they dislike joe biden on their daily lives. maybe if the world was at p.'s and inflation was low and crime was low on the border was under control they'd have the luxury of voting on this court case. but inflation is out of control. they are paying for a hundred dollar basket of groceries. we had credit card debt reach over $1 trillion for the first timid history because people are racking up their credit card debt in order to keep up with inflation. they don't have the luxury of voting on this court case about what happened at decade ago there voting about what is happening in their pocketbooks and their credit card debt.

all those issues tend to favor donald trump which is why he is leading narrowly. >> yes, and kevin leave discuss these issues we know people have the daily reality check for themselves and how they are doing with paying those bills and all those things. a lot of uphill climbing for the white house to do and overcoming some perceptions. even though the white house says we don't really were getting credit for thanks that are happening in the economy, listen, voters at home are not feeling it. now we have the president blocking into this first federal trial for joe biden that we'll certainly be in the headlines and impact and potentially conversations he has to have. there better advised to say nothing. mr biden's sun hunter is slated to go on trial for felony charges in early june. will he come on the preceding 2? the issue here this presidential decorum and political judgement.

have been, you know, you seen these columns whether having conversations about how president biden what language, message this if president tribbett is convicted but knowing if he's going around calling people convicted felons, hunter could soon face the same fate to. >> it certainly and interesting dichotomy with those cases playing out. on the net with the marriage pulled, president biden is leading the former president by 2 points and that pull. i agree with mark and kelly and this trial won't make a difference. we see it throughout the pulling. it might make a difference with independent voters. we saw 23% of independent voters we'll be less likely to support the former president if convicted 2 compared to 11% that might support him and more likely to support him if convicted. those will make the difference in the margins. the other thing that will make the difference in the margins and you are right folks are already locked in with their --

that's why the ground game is so important. that's why the campaign is seen touting thousands of field step on the ground. i don't know if you have new field offices open ready trump campaign. that will make a difference 5 months out it's going to be getting those folks to the pole they made up their minds years ago about these 2 guys by making sure we have the turn on operation and that's what the biden campaign is built. >> these 2 parties have got to be serious about this turnout. 24 hours 3-inch 65 days a year going into the fold. kevin, mark and kelly and could deceive you guys. north dakota governor doug ergo him and the first reaction said jury deliberations restarted in his trial next. >> i haven't seen 1 legal scholar or expert in the law saying this case should have been filed.

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>> as deliberations continue former president trump active on true social as he often is reeling against this trial but the number of posts including this 1. can anybody believe our government would be spending tens of millions of taxpayer dollars on prosecuting this ridiculous case? i did nothing wrong in fact i did everything right. the testimony in court was amazing but the defense. let's bring in north dakota governor and former republican -- doug bergan has been coming to the courthouse's we wait for the jury verdict here you are. >> rate to be here with you. >> shannon: so clearly the president has felt from the beginning this is create unjust. you hear across the spectrum months ago they were saying this is the weakest of the cases to come from him.

what do you make of it? to have faith in the jury to come to what be a decision? >> first of all i'm not a lawyer but i've seen this my whole life and i have to tell you from the average working american it's already acquitted donald chung, the jury can keep deliberating but the rarity decided. i think it so political and it's a simple question, commonsense you ask yourself if this is a business record selling case how many tens of millions business findings happen in manhattan and has there ever been a ceo of any company in new york is had an alleged filing air that's been dragged in court 6 weeks? the answer is no that's never happen. these are to your stature and limitations mr maynard a something done wrong. if you've done nothing wrong how will that happen? can president trumpet a trial? hayes not gotten 1 because he of

a judge who is to the playing field toward the prosecution every single day they've been in court. >> what do you make of this underlined decision that because as you said these would be an estimator's the statute limitations we'll be run they'd be connected to another crime getting us to this trial today we waited for weeks to find out what the underlying crime was and now it seems the judges given the jurors the selection of multiple options. if they don't have to be unanimous on that issue how concern does it make you as we waited to hear from the jury? >> it makes me vary concerned by every american should be scared and every business leader or ceo in america that's ever done business in new york should be terrified because what you're facing here is a situation where in the old soviet union there's a story where you show me the person i'll show you the crime. we always knew this judge was leaning in that direction but with a 55 page along jury instructions which basely said what you just said it's a menu pick what you want, they are not trying to decide, they are

trying to figure out if there's actually a crime here. after 5 elusive testimony the jury has to figure out what crime it is. this is never happened before in a trial. anybody from a business lens would go why would i ever due business in new york they are using the legal system to prosecute someone who not only help rebuild the city has probably paid more taxes in this community and anyone who is a ribbing in this courthouse and they are attacking him? the whole thing is absurd. that's why he's leading the polls and that's why you're going to see and he gets out of here and can get back on the trail and talk about inflation, the border, stopping the wars overseas that's what americans care about. >> shannon: and in the meantime you and others are serving essentially as surrogates and yes this is in new york city. sorry folks they are coming through here. this is live. at 1 point you guys were on the stage bottling co. were going after the nomination and now you're regularly on the shortlist for vp. what would a governor, you don't have to say it who knows, but

what would a governor bring to the ticket that's different then a senator or some 1 else? >> a thing the good thing for president trump is the is so strong across every demographic it doesn't matter whether it's with the black community lithium people under the age of 30, hispanic or americans, you pick the group, he's leading by gaining in those groups more than he ever has before. of course with independence the pole that was out this morning he is up on double-digit spirit he is so strong it doesn't leave matter whose vice president is. that the amazing part but it think what president trump brings is he was successful in business and then successful as a president. he was fantastic. you look at the results he achieved, the americans get to choose on the most important question pair are you better off today than your 4 years ago, the answer for all americans is no. i was better off for years ago. joe biden can't run and hide from that this is why president trump will win this election, will win it by a landslide. >> shannon: dew you think his attraction to you as a person

potentially as a running mate, is that connection you have as businessmen who built things who forged through what america provides you a lot of opportunity? >> president trump and i didn't know it each other before we were elected on the same night on the same beautiful day back in november 2016 when he beat hillary clinton out as a fantastic evening we celebrated. having served as a governor under president trump and under president biden i can tell you its night and day. i've got so much respect for what he did as a president and how he cut regulations and our economy was thriving. our nation was prosperous and the world was safe and under joe biden's weakness is actually inviting or is. it doesn't really matter but i think having someone who can help him govern is the best thing you can do and he's got a lot of great people to choose from. >> we will sea if it's you, great to see a governor. >> great to see you shannon. >> shannon: were nearing 11 hours of true deliberations, we

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we are waiting for a verdict here as the trump trial but the conviction may not be the end of the legal battle. for a firm at the former president can immediately appeal here he is cut some avenues pair from a deputy assistant attorney general's standing buys a about that. but first cb is reporting live from new york. >> hyatt shannon great to see. former president donald trump would have 30 days to file a notice of appeal to new york's division. from their chums legal team wood likely request for any penalties to remain on hold as the appeals

process plays out. as for the grounds trump teammate appealed to have the conviction overturned. 1 of the theories which has been discussed by fox legal experts is for trump's lawyers to argue testimony from adult film star stormy daniels was prejudicial. during the testimony terms lawyers called twice for a misfit -- but were denied by the judge. chums lawyers are said to may also see an appeal on what's considered unknowable legal theory in this case. trump again is charged with 34 counts of falsifying business records. discharges typically misdemeanor under new york state lot. that the da charge these felonies a large -- alleging the records covered up the second crime. a violation of a new york state election law which makes it a crime to promote candidates election through a lawful means. goes on multiple means were not clearly specified until this week. >> in terms of those underlying crimes for which they don't have

to be unanimous, 1 has to do a federal election campaign violation and the other has to do it a federal tax crime over which no state court or judge or prosecutor has jurisdiction. so, not seeing the verdict sheet and not requiring a unanimous verdict about whether it's a b. or c. is even more egregious in terms of if there is a commission. >> if there is a connection and an appeals process follows that could take months or even longer. likely wouldn't be completed before the november election but you never know. back to you. >> alright cv thank you so much. let's bring in john you former deputy assistant attorney general he is now berkeley law professor. always good to see you john. as we sit here and what we don't have any notes from the jury, were standing by. who knows what work going to get. what's her assessment of where we are 11 hours into dual

variations? >> the longer this goes on to pack the better it is for president trump because it reflects a lack of unanimity in the jury. it seems to me all you need is 1 or 2 jurors to disagree with any kind of move for conviction. you get a hung jury it's a mistrial, the da has to start all over again. that's great news for president trump, 1 because he doesn't have to go to jail and to it likely pushes this whole thing past the election. i thank the other thing is if you look at what's being asked for by the jury, they have asked for the facts having to do at the beginning of the alleged conspiracy. they've asked for jury instructions, it seems to be to suggest their people on the jury for not taking the prosecution's word for things, they want to see evidence for themselves and they want to go over again it seems to be the judge's instructions you can't rely solely on michael cohen's testimony to convict the former test -- president.

it reflects again lacking unanimity which might suggest you're headed towards a mistrial >> shannon: so, john you have a piece out today base a this trial has already affected essentially the office of the presidency and you suggest there may need to be some pushing back from the other side of the aisle. dew you worry now that we've kind of crossed a line at which politics has always been difficult but much more of a blood sport do you worry our legal process is being pulled into that? and the idea of both sides should consider using as a weapon. >> yes shannon. acting for all of us americans it's not as important what happens to president trump as a person, it's what is important what happens to the presidency in our constitutional system. what does it mean for future presidents and the weaker these cases are, the weaker rags case is that we cure this case is allowed to go for the bigger the

door is open for any da in the future to bring charges against the president from the opposite party that they don't like. that kind of harassment of presidents is going to cause them to worry about the legal liability and what they should be doing is focusing on making the toughest decisions on behalf of the american people and protecting the country. so yes, i really, i thank the only way to put a stop to this sadly is for some republican da's to prosecute democratic officeholders and executive branch officials, hunter bite and maybe even joe biden. that's the only way i think to put a stop to this, otherwise what we have seen is a crossing oso constitutional rubicon where soon presidential predecessors is just going to be the norm. >> and so much of what you had to say that answer touches on those immunity organs we had at the supreme court about like it the possibility in incumbent running again are loses and aureus about what's going to come from his predecessor, we

will have to see. we wait others up in court for that decision we'll have opinions next thursday. john, thank you very much. >> great to see you shannon. >> u2. fox legal editor carrie vann has made her weigh out of the courthouse she has been in there as the double ration's continues and she joins us live next to the jurors now into 11 hours in their final hours today of deliberations here in lower manhattan i brought in ensure max protein with 30 grams of protein! those who tried me felt more energy in just two weeks. -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. (♪) (restaurant noise) [announcer] introducing allison's

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deliberations heading into our number 11. the judge given the jury the option of going into the 6:00 pm eastern if needed. moments ago the former president trump posted on true social the jury instructions given buy highly conflicted judge juan marchand were unfair, misleading and inaccurate and unconstitutional. also very confusing. just what the judge wanted because there was no crime. let's bring in carrier of on the news legal editor and former counselor.

she has been in the courtroom a lot. what the former president is saying about these jury instructions is what a lot of us have been saying and people all across the legal and political spectrum and what they are coming from where all having a bit of a rough time figuring these out. i can't imagine for jurors some with legal expanse and others without this is a lot to wade through they've had a lot of questions. >> it's so confusing. we've been discussing this for weeks and i'm sitting in the overflow room staring at the walls its very quiet and thinking are we ending at 4:30 pm or 6:00 pm today. i keep thinking about those jurors in thinking how in the world they listen to all those jury instructions that were read yesterday and reread today. how can they possibly retain all that is and make this incredibly consequential decision that could be a lot -- life altering or the former president and possible future present. and on how anything you being can maintain the information and

make the decision which is why think new york state legislature should consider perhaps changing criminal procedure rules here in new york because i think it makes it difficult for a jury to wade through all this. >> and as we understand those rules we are learning a lot and covering this case and those jury instructions don't go to them. 55 pages and they have questions today some 29, 30 pages were reread today. and you rightly see them taking notes and when there is such technical legal language and instruction, are you surprised we haven't had another question from them yet? 2:15 pm, the lunch break was formally closed. if they can come back quick notes we're almost at 4:00 and we have no notes at. >> i am surprised by were wondering what their thinking and of course the former president is cooked up behind us as well. i read a reporting he managed to get a tv so is watching something. they wouldn't say what he is much at thank his son was playing a video of an on tiktok.

he had to keep himself occupied receiving his post but i'm sure it must be frustrating to him when he was to go out and campaign and yet here we are still trying to understand what this case is even about. thought the smorgasbord option was given the instructions was flabbergasting to be honest with you. and never heard of such a thing. picked the crime at the vary end you think fits his behavior. that just seems like struck -- such an underpinning of due process but i guess we'll see how it turns out. >> and the interesting thing is we had kellyanne conway on earlier and she is always digging into the polling numbers but she thinks if he is acquitted are there is a hung jury, something short of a conviction she called him unstoppable like he will actually be able to take this as a badge of honor at, i made it through and go forward. we know there's a small percentage of voters who tell us in the polling if he is convicted, they will think twice about their vote. something as tight as this, politically how do you think this plays?

>> i've seen those poles but if he is convicted people might change their minds -- >> shannon: edits at tiny number. >> right but anecdotally when i speak to people about this they're so incensed about their -- whether seeing here they think it's a travesty of justice, miscarriage, i think even making people change their minds who weren't necessarily trump fans and other saying if that's how he will be treated how can they treat me? i hope he wins. i hope there is some justice maybe in their minds justice is his prevailing at the polls in november. we've talked about this a lot and i do think it's had a backfiring effect. the democrats were waging this law a campaign against an. it's backfired. i think it's actually causing within people this rising up back this stirring up back this is not just it's not right it's not how it's supposed to be in america. even if i don't like this guy and want him to win. >> and i will ask you to because you've been part of an messaging

team and an important agency. how do you thank the white house is trying to digest this and engagement messaging they go outlook also knowing the president's son is facing 2 criminal trials of his own. >> they have a lot to deal with right now. 1 joe biden has been explains in great bed is cycles which is why i think they sent robert down here to dangle this shiny object all the press would go running to. >> need it didn't work the way they hope. >> although here we are still parked -- talking about a. i think hundred biden's trial next week could be an issue for sure. but i think there is seeing if it's backfiring for them as well. it's quite an interesting potable situation all around. >> we continue to wait on that jury. carry think you're popping out with us that is the story may 30th 2024 but as always the story goes on. leah see you back here tomorrow at 3:00. you're world starts right now >> neil: alright thank you shan h