that is my biggest problem. they knew better and lied to us. >> real quickly, i interviewed former president trump just a couple of days after the lockdowns were put in place and starting to fan out across the country. he said, by easter, we are going to open up. that led every newscast and new, broadcast, cable, everything. of course it would be months later. he wanted to open up, and this is the man he depended on. what do we think of that now? >> guy: well, i think it is important that we played that mccormick exchange, because he said, "i didn't mean make people's lives difficult that way." yes he did. >> harris: thank you for joining us for this part of our breaking news coverage. for this hour, i have checked, there is no plan or at least a schedule that shows fauci will go before a senate committee. i would love to see it. he needs to see bicamerally everyone on the hill. here is "america reports."

>> we did not fund a gain-of-function research at the wuhan institute of virology. i keep an open mind as to what the origin is. the cdc was responsible for those kinds of guidelines to schools, not me. >> would you have any reason to cover up any new scientific evidence relating to the origins of the covid-19 virus? >> absolutely not. >> john: a live look at capitol hill where dr. anthony fauci, the face of the federal response to the covid pandemic, as testifying publicly for the very first time since retiring from government service. it's been quite a hearing so far. hello, i'm john roberts in washington. it begins a new week, sandra. >> sandra: welcome, everyone. i'm sandra smith in new york and this is "america reports." they've been pressing fauci on everything, from gain-of-function research to what triggered the outbreak in the first place. >> john: 16 is quick to deny allegations he tried to cover up the possibility that the pandemic originated from a

laboratory in china, insisting that he has kept an open mind all along. plus this exchange with congressman mccormick. >> miss allison williams testified before this committee about losing a job because she sought an exemption for the vaccine mandate, which came from intimidation's from bureaucrats like yourself. she had her husband were actively working with a fertility expert, but she was fired, because you made it hard, just like you said in your statement, because you didn't want to make sure that the ideological [bleep] got in the way of her working, living her , making a medical decision with her health care professional. i think america should take great offense to this. that's exactly what you meant when he said making it hard for people to live without getting a vaccination. the affected people's ability to work, travel, be educated. dr. fauci, you have become doctor fear. americans do not hate science. i don't hate science. the american people hate having

their freedoms taken from them. >> john: just ahead, we'll speak to dr. david asher who led the state department investigation into covid origins for the trump administration. >> sandra: but first, let's get to mike emanuel. he is live on capitol hill with us with more of today's highlights. while we are there, some fireworks in that room, mike. >> sandra, good afternoon. certainly some dynamic moments here on capitol hill capitol hill. lawmakers digging into dr. anthony fauci's leadership during covid and the way the government handled the pandemic. fauci admitted that 6-foot social distancing rule which kept schools in business closed for an extended period back of time during the pandemic was not based on scientific study. he was pressed on whether he tried to circumvent government records laws when evidence suggested one of his top advisors use personal email. >> dr. fauci, did you ever delete an official record? >> no. >> dr. fauci, did you ever conduct official business via email?

>> to the best of my recollection and knowledge, i have never conducted official business via my private email. >> leading republicans note americans were bullied, shamed, and silenced for merely questioning or debating issues such as social distancing, masks, vaccines, or the origins of covid. fauci was pressed on whether covid leaks from a wuhan lab rather than the argument that it naturally developed. >> i've also been very, very clear and said multiple times that i don't think the concept of there being a lab leak is inherently a conspiracy theory. what is conspiracy is the kind of distortions of that particular subject, like it was a lab leak and i was parachuted in to the cia like jason bourne and told the cia that they should really not be talking about a lab leak. that's a conspiracy.

>> thank you. >> democrats say republicans are being unfair to dr. fauci. >> i don't think that tony fauci made missteps. i think this pandemic scared a lot of people. donald trump was president. we didn't have a lot of facts, we didn't have a lot of scientific evidence, and people were learning and trying to save lives. >> tempers flared between the two parties. when congresswoman marjorie taylor greene of georgia refused to call fauci "doctor," certainly some sparks flying in that hearing, sandra. >> sandra: mike emanuel with the highlights from that room. thank you. john? >> john: let's bring in dr. david asher. he led the state department covid origins investigation under the trump administration. doctor, it's good to be with you again. i want to play a little bit more of dr. fauci at this hearing addressing a number of issues, including that quick reversal from a couple scientists, at least on the origins of covid,

in that paper from early 2020. listen here. >> the accusation being circulated that i influenced these scientists who changed their minds by bribing them with millions of dollars in grant money is absolutely false, and simply preposterous. the second issue is a false accusation that i tried to cover up the possibility that the virus originated from a lab. let me state for the record, to the best of my knowledge, i have never conducted official business using my personal email. >> john: dr. asher, what do you make of what we have heard from dr. fauci so far? >> well, it marks a further gain of dysfunction in the u.s. federal government related to the response to the origin of covid-19, the response of the national institutes of health and its work to help defeat or

disrupt the virus, and it just further obscures the role the u.s. government funding that came out of dr. fauci's organization contributed materially to the chinese communist party's biological weapons related capability development program at wuhan. i'm not saying this is a weapon, the people involved in bio weapons development using coronavirus as their backbone. we know that for certain. >> john: so dr. fauci continues to deny to this day at the nih, and his agency, the niaid, ever funded gain-of-function research at the wuhan institute of virology. let's hear what lawrence quebec told congress back in january. >> did nih funded gain-of-function research at the wuhan institute of virology through eco health? >> yes, we did. it goes on in many labs around the country. it is not regulated. the reason it's not regulated,

it poses no threat or harm to anybody. >> john: i'm sorry, that was may 16th. but he did say, yes, we did. we did fund gain-of-function research in wuhan. tony fauci has been very careful to say we did not fund gain-of-function research on this virus. but could you still make a connection? >> of course. they are using synthetic biology to alter features of the natural backbone of a sars coronavirus of undetermined origin. we don't know what the predecessor was to covid-19 that they used the synthetic biology to adapt it to make it more of virulent. but it was funded by eco-health alliance in new york, whose president is soon to be disbarred from federal government contracting capabilities and duties for his

failure to follow rules and safeguards. this is a biological kleptocracy run by fauci in the name of bio defense. he spent billions of dollars for biology defense mechanisms, including funding research in china. dozens, if not little hundreds of millions of dollars in research, i should say, that gave the chinese the keys to the kingdom for developing next-generation biological weapons, where their capabilities. one that unfortunately leak in a lab. i don't think it was deliberate, but the cover-up was 100% deliberate. and fauci has brought himself to be involved from the beginning, because he knew his fingerprints would be on that lab's research program, and congress has pointed that out. >> john: so scientists, they were pursuing the theory that this emerged naturally in nature and somehow got transmitted to humans at that wet market in wuhan, which is a thousand miles

away from the closest reservoir, from the bat that carries this coronavirus. these other animals called pangolins were suggested to be the animal. listen to what robert redfield said is his belief about the origin. >> i think gain-of-function research, in my view, my opinion, is what caused this pandemic. >> john: so he believed that, yet he was quickly sidelined by dr. fauci. >> yeah. remember, dr. redfield was the head of the cdc. he was supposed to be in charge of the response, frankly, for the u.s. government. he and a guy who has the assistant secretary for the pandemic preparedness at health and human services. both of them disagreed with fauci on the origin issue, just because of the so-called theology. this spread like wildfire from the beginning. it didn't act like a disease that was jumping gradually within nature.

the reason -- and we are confident based on our intelligence work with the intelligence community and through our source network at the state department that the wuhan institute was engaged in highly dangerous gain-of-function research involving synthetic biology to make this into a super virus. and they said they were doing it so they could create some sort of super vaccine. well, that didn't work. the guy in charge of the vaccine, also funded by fauci, and major general in the people's liberation army, apparently either jumped or was thrown off the top of the wuhan institute in may of 2020 because there is some theory that his vaccine actually helped spread the virus. >> john: real quick -- >> we don't know for certain, but we do know there was a lot of suspicion and a lot of intelligence pointing to the wuhan institute's involvement in not just normal research, but we are talking about research related to biological weapons capabilities, and that money was mostly coming from the chinese, not from the u.s. fauci did not cause covid-19 bay covered it up. >> john: real quick, doctor,

because we are out of time, but i want to ask you this quick question. if redfield was supposed to be in charge of the covid response, how did fauci end up in charge? >> this is the biggest mystery that i can't understand why congress isn't looking into it. if there's a chance for us to continue at some stage, i would like to propose that be a topic. because he did it, he stepped into a void with a great deal of new york shtick and confidence, convinced the president he was in charge. he had no statutory duty. we had a biological preparedness plan in place for exactly a pandemic of this nature, either coming from nature or we will call it "supernatural," out of a lad. we had a detailed plan signed by president trump, totally ignored, and fauci stepped in to try to quash the enrollment of dr. redfield in particular because he was doing the right thing trying to figure out what the nature of this artificially created the virus was, and how dangerous it would be.

>> john: dr. david asher, we always appreciate getting your thoughts on things. you know an awful lot about this. thanks for joining us, we appreciate it. sandra? >> sandra: from one breaking news item to another, fox news alert. a live look outside the district court in wilmington where jury selection is underway in the federal gun case against hunter biden. it's the first time the child of a sitting president has been on trial. if convicted, he faces up to 25 years in prison. rich edson is reporting live outside that courthouse right now in wilmington, delaware. rich, some brand-new information coming out of the court right now. as of 12:45 p.m. eastern time, about half an hour ago, the 250 jurors prospects, 25 have been moved to the jury pool. 15 have been dismissed. we are told things have been going quickly. 36 is the magic number for the jury pool and we are getting indications that we could get to opening statements today, rich? >> that's right, sandra. we've got here is things are starting to move along. that's according to our producer

who is inside this courthouse. he has been in a number of these things, and he says it is conceivable they could make it through the jury process today. a lot of things have to go right here, but as you mentioned, they've got 25 in the jury pool, they're trying to grow that a 36, and at that point they will winnow that down to the dozen jurors and handful of alternates. they are asking these potential jurors if they have formed any opinions about this case or if there's anything about the nature of the charges here that would prevent them from being a fair and impartial jury. hunter biden arrived at this wilmington court has about 40 minutes before jury selection began this morning. soon after first lady jill biden pulled up, a surprise appearance on what is her 73rd birthday. this bidens have kept under close. he released a statement saying as president he will not comment on a pending federal case, that "jill and i love our son and we are so proud of the men he is today. his resilience in the face of

adversity and the strength he has brought to his recovery are inspiring to us. a lot of families have loved ones who have overcome addiction and know what we mean." this weekend they went bike riding near rehoboth beach. the president is expected to speak with hunter daily during this trial. that's about to happen three times more than usual according to "the new york times." prosecutors argue hunter falsely swore on a federal form that he was not a drug user when he bought a gun back in 2018. prosecution has signaled they may call about a dozen witnesses which could include his ex-wife, kathleen, and beau biden's widow. his attorneys reached a plea with prosecutors which fell apart when they started asking specifics about that deal. that former agreement is also involved with hunter's tax charges. those tax charges, that's not a separate case. it is out in los angeles, and a trial that will not begin until september. sandra? >> just a little bit to adhere

as to what we are learning about the jury selection. the defense attorney was asked about a potential lunch break. the judge did not indicate that they would be one, further indicating that they are just trying to roll through this today, rich. one interesting note from our producer in the room, all those potential jurors who have gone through so far, almost all of them have said that they know someone who has been or currently is experiencing substance abuse and/or addiction. obviously, clearly a question they are putting to the jurors. thank you. we will check back in with you again soon. judge jeanine pirro will be joining us before coming up. really interesting to read through the notes coming out of that room. they are moving on quickly here, so we'll see where they get today. >> john: if they can get opening arguments this afternoon, that really would be moving fast. in the meantime, president biden expecting to announce executive actions for our southern border as early as tomorrow. is it a campaign move, or is it

a change of heart? we are breaking it all down with byron york coming up, plus this -- >> the president is now on tiktok. ♪ ♪ ♪ ♪ >> sandra: you heard it there. former president donald trump's on tiktok officially, and already has millions of followers. but is the app about to get a new lifeline in the u.s.? mr. wonderful is trying to put together a deal. kevin o'leary will join us just ahead. okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health.

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>> john: a massive wildfire burning near san francisco. officials say the corral fire is about 75% contained now. it's burned about 22,000 square

miles. it comes as millions of people across the western u.s. are preparing for a massive heat wave that could bring triple digit temperatures and potential life-threatening heat-related illnesses to the area. sandra? >> sandra: right now jury selection, as we noted, is underway in hunter biden's historic federal gun trial and it seems to be moving along quite swiftly. hunter is charged with three felony counts, and if convicted could be facing up to 25 years in jail. thankfully we have judge jeanine pirro. she joins us live here on the set in new york, from one trial to another. welcome to you. you have been incredibly busy. we are getting an update from the courtroom of the 250 jurors prospects, 25, we have been told, moved on to the jury pool. 15 have been dismissed. a reminder that we still had seated zero jurors as of now. but this does seem to be moving along quickly. the judge said last week that the magic number is 36 for the jury pool. i don't know. we are told this is moving along

quickly. >> well, first of all, the question being asked, do you know anyone who's been addicted to drugs or who has been a drug user? obviously they will ask if anyone knows the biden family. as you well know, the name "biden" looms large in this county in delaware. everyone is going to have a connection. but the connection that really matters is one way or knowing someone who has a drug abuse problem, or knowing the bidens, will prevent them from giving a decision or rendering one that is based upon the facts, and instead is based upon that relationship. in the federal case, apparently there are six -- the government is entitled to six peremptory challenges. a peremptory challenge means, i don't have to give a reason why i don't like you. i just don't like you. so if he's got four guns in five different states, the defense might say, you know what? i don't know if i want that guy. or in questioning him, sandra, they may say, this is the kind of guy who things everyone

should have a gun. >> sandra: you're talking about juror number 29, four firearms, concealed carry permit in three states, does not believe drug users should own guns. he is still in the jury pool as of one of our latest notes. i want to ask you about this. the president, hunter biden's father, obviously, the sitting president, did issue a statement before court this morning saying, "on the president but i'm also a dad. as the president i want and don't, comment on pending federal cases, but as a dad i love my son and his strength." after the conclusion of former president donald trump's guilty verdict, he said this. on no one being above the law. >> the american principle that no one is above the law was reaffirmed. our justice system has endured for nearly 250 years, and it's literally the cornerstone of america. our justice system. the justice system should be respected.

>> sandra: so, as one would expect, his family is supporting him. the current president, the first lady, his stepmother, arriving there at court in wilmington this morning, along with his current wife, hunter biden's wife. but you heard the president's words, no one is above the law, judge. >> for them, for the democrats, it is a very difficult set up, because the hypocrisy will be very relevant. and i think probably the statement that they probably suggested to him, that he's not going to talk about it, is a good one. because 48 hours earlier he is saying no one is above the law, now his son is being faced with up to 27 years for gun possession. you know, it is not just the gun possession and the written false statements on the application itself, but it is his flaunting of the gun, pictures of him with the gun on the laptop. we know the laptop is coming into evidence, so i'm kind of surprised, sandra, that there was not a plea worked out ahead of time.

the one thing the democrats don't want is a department of justice that has already said, this laptop is real, while 52 52 intelligence agents said it was russian disinformation. >> sandra: has the white house put themselves in the predict mint where they have karine jean-pierre -- multiple times she was asked about this and press briefings, and he or she is saying hunter will not be pardoned. listen. speak i've been very clear, the president is not going to pardon him. >> she has said that before. "i've been clear, the president will not pardon." but who knows what's going happen? right before the election, maybe right after the election. it depends on how it goes. look, the president has jurisdiction to pardon his son. he has jurisdiction to commute the sentence if the sentence is imposed by this judge, who is not in agreement with the plea negotiation, that was one or both sides disagreed or they were just kind of going with a wink and a nod. so they are really cut between a

rock and a hard place, because i can't imagine his father not pardoning him. >> sandra: great stuff all last week, and out onto the hunter biden trial. leverage it you joining us. i'm sure we will get more updates from the courthouse shortly. judge, thank you. >> john: joe biden's doj claims it cannot release audio recordings of president biden's interview with robert hur due to the threat of deepfakes. is that a valid excuse? jonathan turley will break it down for us. >> sandra: plus, two nypd officers shot in the line of duty. this happened overnight. we are live in queens with an update on an awful situation. nate? >> hey, sandra. it started with a venezuelan migrant riding and unregistered motor bike the wrong way down the street, but it is what happened after he got off that bike that nearly ended in the murder of two nypd police officers. that's next.

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>> a 19-year-old venezuelan migrant is now in police custody, accused of shooting two were chasing them overnight. that suspect has now been linked to a recent pattern of robberies. nate foy is live on this in queens for us. what exactly happened here? >> the whole scene played out at 1:40 a.m. on this street to my right, but i do want to first share community leaders are really upset. there was a news conference here that was held just moments ago, and they are specifically upset with the amount of crime that has infiltrated this community, and the partially blamed that on the migrant shelters. they have 15 here in queens. one of them is this former hotel where the accused gunman lives. planning to hold a rally this sunday, they are calling for this migrant shelter to be shut down. they say at any point you can see about 200 motorized bikes

outside the shelter. this morning the nypd said they are seeing crimes skyrocketing involving these motorized bikes, and we saw that again play out in the early morning hours, sandra, is that migrant from venezuela was riding on the wrong side of the road. it was here until moments ago that he ditched that moped, got off and ran away, and that's where police say he shot one officer in the leg, and the other one in his bulletproof vest. the crime scene tape is now down, it's been down for a couple hours now, and this rally is supposed to happen on sunday with his community leader who spoke moments ago. >> some folks might be fearful that saying it. some of the migrant shelters have also increased street crime in our community. we are here with the simple message, enough is enough. we need our police officers to be respected. >> so police say the migrant who shot the officers is 19-year-old bernardo raul castro mata of

venezuela. police shot him in the ankle. he entered the country illegally through eagle pass, texas, last july, and police say he's a suspect in several robberies in the queens area. police say the officers he shot left the hospital this morning, and they said the officer who was shot in his bulletproof vest actually helped apply a tourniquet for the officer shot in his leg. here is the gun that police say he used in the shooting. he had it illegally. his moped was also unregistered. as of right now, this migrant hasn't been arraigned at this point. we are monitoring that, sandra, as the investigation into other crimes that he may or may not have been accused or have taken part in continues. we will send it back to you. >> sandra: and we will bring updates as we get them. nate, thank you. john? >> john: let's dig deeper into this with byron york, chief political correspondent for the "washington examiner." here is president biden's poll numbers according to recent

fox news poll on border security. do you approve, 33%. do you disapprove, 64%. this is only going to fuel the disapproval, i would imagine. >> yeah. i think president biden has three huge liabilities in this campaign. the first is his age and the second is inflation. the third is the border. we just heard nate report that this particular suspect came into the united states illegally in 2023, and it can be completely attributed to joe biden's policies, and republicans are going to do that because they have been doing it so far. >> john: we are hearing president biden is going to issue an executive order, maybe tomorrow, which would put in place what has been talked about, that if there's a certain number of people, a certain number of people can cross the border. if it goes above that threshold, they essentially closed on the border and stop taking asylum claims. but here's what the president said back in january about not having any more power to affect what's going on at the border. listen here.

>> just give me the power. give me the border control. give me the people to stop this and make it work. >> john: all right, january 30th he says, i've done all i can do. clearly he hasn't. >> he's always had the power to strengthen border enforcement. there's just no way around that. if you remember back to the bill, republicans were saying that it would allow that limit per day to be 5,000, and they are saying, is 4,999 okay? is at the new reality? those are huge numbers. now there is talk about it being maybe 4,000. this is not going to meet a good reception on capitol hill. in part because, what i was just talking about, his big three

liabilities, this is an effort to try and maybe get one of those, the border liability, off the table heading into the election. >> john: in terms of reception on capitol hill, here is what the speaker of the house told shannon bream yesterday. >> it's too little, too late. he's trying to show the american people somehow he wants to address the issue that he himself created. now he wants to issue some sort of executive order, i guess to show that no, he does really care about the issue. the only reason he's doing that is because the polls say it's the biggest issue in america. every state is a border state. >> john: one of the big questions i have, how does he propose to enforce this when the 4,999 person comes across the border? do they close the gates and say no one else is coming in? that is not a picture that biden wants to have. >> no, and we don't really have that capacity. there are reports of entry into united states where thousands of people pass legally back and forth every day. you could shut them if you wanted to. the biggest -- >> john: but it's not going to

shutdown the illegal border crossings. >> no. the big problem is people have been crossing illegally, not at ports of entry. >> john: so to a large degree this is smoke and mirrors. >> of course it is. it would require a much larger effort on the part of the president, and most of all it would require an actual sincere message from the administration. if you are somewhere in the world and you try to come into the united states illegally, you will be returned immediately. it is the message that joe biden said beginning in the campaign. >> john: we both no, though, for people who come to this country from somalia, or pakistan, or india, or some province in the middle of china, they're not going back immediately. we've got no way to get them back. >> well, they came from mexico immediately. >> john: but we can't return them to mexico. that's the law. >> well, there were agreements between the trump administration and mexico. >> john: "were."

speak of it they can be reformulated. >> john: by this president? >> he would have to want to do it. [laughs] but he's the president, he has the authority if you wanted to. >> john: monday afternoon comedy. appreciate it. sandra? >> sandra: great discussion there. meanwhile, if you haven't seen by now, former president donald trump is back on tiktok with a bang. millions of followers right out of the gate. but does the chinese-owned app even have a future in the u.s.? mr. wonderful says he wants to buy it and save it from a u.s. ban. kevin o'leary will join us live, next. >> john: plus, is wnba star rookie caitlin clark being targeted by other players on the port? we are breaking it down with michele tafoya just ahead. >> it's a lot of jealousy and rage. they don't understand, if it wasn't for caitlin clark, they also would be not getting the exposure that they are getting right now. he's got so many life experiences that he can share.

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>> sandra: the care and read trial resuming today, kicking off an abbreviated week of testimony in the case surrounding john o'keefe's death in january of 2022. molly line is live outside the courthouse in massachusetts. what is the latest? >> first to take the stand this morning was the head of the state police search team that was charged with essentially scouring the lawn or boston police officer john o'keefe's body was found in canton massachusetts on the morning of january 29th, 2022. prosecutors say that karen read hit her boyfriend with an suv after a night of drinking leaving him to die in a blizzard. the search team scouring the snow, but defense attorneys claim the massachusetts woman is being framed, that o'keefe was most likely beaten to death at a late-night party attended by others in law enforcement.

on the stand, the state police lieutenant kevin o'hara said the investigative search team found o'keefe's missing sneaker and taillight fragments that matched read's suv. >> after he found the sneaker and a couple additional pieces of taillight, we moved south for i would say over 5 feet, maybe close to 8-10 feet. we had a conversation, he was very satisfied that we had found everything we were going to locate. >> lieutenant o'hara admitted under cross-examination that his team was not called to the scene until eight hours after o'keefe's body was discovered, the defense asking if he was aware that the scene had been left unattended during the day. previously defense attorneys have suggested that taillight fragments could have been planted, a part of a conspiracy to frame karen read. also in the sand today, a crime analyst to talk about what she saw, the damage to the suv, and finding hair on the vehicle. >> sandra: molly line, thank you. john?

>> john: sandra, an historic election in mexico. claudia sheinbaum will become the country's first female and jewish president ever. what will it mean for relations with the united states and border security? >> sandra: plus, john, dr. anthony fauci, you saw it today, facing off with lawmakers on capitol hill for the first time since he retired from government service. but where he left with more questions than answers from his testimony? dr. marc siegel just ahead on a that. and occasionally, your right foot gets a little heavy. the lexus es didn't begin in a studio — it began with you. ♪ type 2 diabetes? discover the ozempic® tri-zone. ♪ ♪

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>> how much did we make today? >> $5 million. >> and yesterday? >> $4 million. >> and yesterday? >> a billion dollars. >> john: it's happening again. game stop shares going through the roof after social media stock analysts posted on reddit. he told his followers that he has a $116 million bet laid down on gamestop. shares in the retail gaming outlet initially soared by 74% before dropping back to about 31%. it was the first post by roaring cutie on reddit in three years following the huge increase in gamestop shares and the subsequent crash back in 2021. the so-called meme stock trading

frenzy was immortalized in the movie "dumb money." there is still lots of dumb money out there, sandra. >> sandra: risky business. >> john: you think? >> sandra: i guess gamestop -- all these meme stocks, amc is way up, r redditi don't know. >> john: everybody's buying games online these days, so how long do brick-and-mortar gaming companies have? >> sandra: your money, your decision, right? >> john: according to roaring kitty, they have a lot of life left. >> sandra: it's amazing to watch, that's for sure. we have brand-new information coming out of the courtroom right now on hunter biden, and update just coming in that the first lady has just left the courthouse. they are still in jury selection, we are told, but they are in recess now until 2:30 p.m. eastern time, so that's about 40 minutes from now when they will be returning. prior to that, we are told that they have 32 in the jury pool

now. zero have been selected, but the jury pool is up to 32. the judge remarked they now have enough for the jury pool, they are moving to select alternates, that put that magic number at 36 as the judge has been mentioning that he was trying to reach, and he said this before, taking the lunch break, remarking that all were very hungry in the courtroom, john. >> john: i read something, that ashley biden was there in the courtroom and apparently smiled and nodded when a couple of the jurors mentioned that they had been with the secret service. perhaps looking for, i guess, sympathetic jurors to hunter biden's cause. but when you take a look at it, it's pretty cut and dried, he had made claims he was an addict at the time that he bought that weapon, and then signed on the form that he was not in any way involved in illegal drug use, so we'll see where this goes from here. >> sandra: and some of the notes on the jury selection,

almost all -- i think all of the potential jurors said they were aware of the case, they read about this in news stories. one woman, juror 24, said she has strong feelings about guns. she's heard about the case, followed along with it. she was also suddenly with a separate tax evasion case. there's a former wilmington police officer in the mix, believed the fbi press keys over politics, mentioned the steele dossier, when he was asked about politics specifically. so the other note is how quickly they are moving along here, john, and are produced in the room also saying as they went to break that they could still -- there is still a possibility that they could go into opening arguments today. but the judge has not made any comments specifically to the scheduling yet. >> john: interesting to note, as well, first lady jill biden was in the courtroom. she seems to have since departed. and that the president spent the

entire weekend with hunter in rehobeth ahead of all of this. he says at the bottom line he is not just the president, he is a father, as well, and no parent wants to see a child go into a courtroom charged with a crime, but, you know, if you can't do the time, don't do the crime, it has long been said, and it's pretty clear by looking at the evidence that hunter biden did say on that weapon's application form that he was not involved in any kind of illegal drug use at the time he purchased the firearm. >> sandra: just reading through some of the updates on the jurors, the wellington police officer, as i noted, he did say that he had donated to a national republican committee in the past. on the defense team they did make it clear he intends to call a strike once they are in the next phase. just kind of relaying the updates we are getting from inside that court, although they are in recess now, john. >> john: again, if they get

opening arguments this afternoon after doing voir dire and jury selection, it would be extraordinary t the speed at whh this is moving. will this be a verdict unite republicans and help them keep not only the house majority but also win back the senate? will get a read from the former speaker of the house, kevin mccarthy, straight ahead. >> sandra: plus, long-awaited executive action on the border, report of the coming down the pike. that is it too little, too late? dave rubin is here on that.

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>> sandra: all right, here we go. president biden gearing up to hold a campaign event for the first time since his 2024 arrival was found guilty in his new york trial, and the biden campaign is trying to draw what they say is a clear contrast. siegel convicted felon or not, it doesn't change his views before he was a convicted felon and his vision and agenda for america. it was the same as it is post being convicted. >> there's one candidate standing up for the rule of law, for democratic institutions, defending our constitution and our democracy, and that's jill biden. >> sandra: hello and welcome, everyone. i'm sandra smith in new york as we kick off a brand-new week and a brand-new hour. good to be with you, john. >> john: could be with you again, sandra. i'm john roberts in washington. this is "america reports." the biden campaign season on former president trump's guilty verdict, labeling him a convicted felon, essentially hoping that message is going to stick with voters. will it, or critic of the other