general lack of safety standards as some witnesses have alleged. i asked the prosecutor yesterday if she believes that despite that ruling she still has a strong case. listen here. >> i don't have an opinion. i know that sounds strange. i don't have an opinion. i have my evidence and i will present it and the jury will make their decision. >> so alec baldwin about to get out of the s.u.v. that he has been arriving in every day here for opening statements. his fate to be decided by a jury, 11 women on that jury, bill, five men. 16 in total, 12 of them will be the actual jurors, four will be the alternates but not told which is which until they have heard all the evidence in this trial, bill. >> bill: we are looking at this camera shot there. he was there with his wife, yesterday and one of his brothers, steefb en. has he typically said anything going inside, jonathan or not? >> nothing. he is relieved i'm not on the

line to pester him with annoying questions as i've been doing every day so far. he has said absolutely nothing. it appears to me he is under very strict instructions from his attorneys not to respond to the media in any way whatsoever, bill. >> bill: we're watching the camera move around and watching baldwin approach and see whether or not there is a comment. fully respecting your reporting there. he chooses not to say anything going inside and that's the pattern again today. opening statements will begin in sante fe, new mexico, good stuff. jonathan, thank you very much on that trial with alec baldwin. moving to a new hour here in new york. >> dana: another big test for president biden juggling two big meetings today, one with top union leaders happening right now, and the other with nato as he struggles to make the case he is actually up to the task of running the country for another four years. welcome to a new hour of "america's newsroom," i'm dana

perino. >> bill: how are we doing? >> dana: good, how are you? >> bill: getting ready for more. i'm bill hemmer. good morning. the president unable to convince key voting blocks he offers the best chance of winning in november. yet still fighting off calls to replace him at the top of the ticket. george stephanopolous, who sat down with the president on friday with that high-stakes interview, caught in a candid moment on fifth avenue in new york expressing doubt about biden's ability to have a full term. >> do you think biden should step down? you talked to him more than anybody else lately and you can be honest. >> dana: president trump doubling down on his debate challenge and going to biden's golf swing. >> i'm challenging crooked joe to an 18-hole golf match right here. i will give him ten strokes a

side. if he wins i will give the charity of his choice, any charity that he wants, $1 million. >> bill: that offer was not accepted. full coverage now and new hour. kayleigh mcenany and rich lowry are here. the tug-of-war over whether or not biden is their best bet. >> dana: mark meredith is starting us off as trump returns to the campaign trail. >> good morning to you both. trump campaign is stepping up its public events ahead of next week's republican convention. they have another rally scheduled this weekend in pennsylvania. it was at last night's gathering in florida where trump talked to democrats. >> the radical left democrat party is divided in chaos and having a full scale breakdown because they can't decide which of the candidates is more unfit to be president. sleepy crooked joe biden or

laughing kamala. >> trump attacked the vice president testing out one-liners if she were to become the democratic nominee. there is more debate fallout. cook political report says its analysis shows trump gaining ground in key three swing states, arizona, georgia, nevada. all three considered lean republican instead of toss-ups. democrats aren't giving up on nevada. the president will be there next week. the vice president campaigned in las vegas tuesday urging democrats to stay the course. >> we continue to fight and we will continue to organize and in november, we will win. we know what hard work looks like. we like hard work. hard work is good work. >> democrats openly debate their candidate choices the republican party uniting behind trump. nikki haley, who ran against trump this cycle, is calling for her delegates to support him. overnight she posted online we need a president who will hold our enemies to account, secure our border, cut our debt and get

our economy back on track. encourage my delegates to support next week in milwaukee. haley is not planning to be at next week's convention. within the last few minutes trump was asked about this by brian kilmeade on his radio program. trump said he would think about it whether or not he would want haley there but didn't extend an olive branch. >> dana: biden hasn't played a round of golf in 11 months. i don't know if that will happen. >> bill: hillary vaughn is working the hallways on the hill. good morning. >> some top democrats don't think that biden's i'm not going anywhere is the last word. even though biden has said he is not bowing out. nancy pelosi this morning says she doesn't think that's his final decision. >> it's up to the president to decide if he is going to run. we're all encouraging him to make that decision because time is running short.

everyone, let's just hold off. whatever you are thinking, either tell somebody privately, but you don't have to put that out on the table until we see how we go this week. >> not everyone is taking pelosi's advice to keep their opinion under wraps. house and senate democrats huddled to decide biden's future and more democrats turned against biden. democrats are not unified and are not energized at the moment. the democrat family meeting was described as a funeral. people were brought to tears but even though the president's mental fitness is provoking all this dem drama democrats tried to shut down testimony about it in a hearing yesterday. >> the president is extremely effective in the meetings that i've been in with him. >> are you testifying that you have not seen any mental or cognitive decline? >> mr. chairman, point of inquiry, she is not a physician.

>> she is a member of the cabinet. >> you are asking her a medical question. >> let's keep the comments to the subject. >> it is not a medical question. her interpretation as the member of the cabinet. >> so, bill, still a sensitive subject but interesting some democrats aren't curious about what those who work closest with biden have to say about his mental state or whether or not they even want to hear it or might be afraid of what someone might say under oath. >> bill: hillary vaughn, thank you. >> dana: bring in kayleigh mcenany and rich lowry. i would say the white house is in a credibility crisis. >> has the white house misled america. >> there is a comprehensive medical report on the website. >> this is the second time in less than a week where the

briefing has -- [inaudible] on questions about the president's health. i'm just wondering if you could speak to -- >> i disagree. >> have the last 12 days made you reconsider any specific statements you might have made to recent months? >> i've always committed to doing the best i can to give you the information that we have. >> dana: one of the problems when you get into a timeline story as the press secretary, if you don't know the timeline and not confident or keep getting new information, it might not be your fault. you have to respond and correct which she had to do again about the doctor that saw the president. >> she will have to do it a third time. the associated press came out last night and we were told the january 17th meeting with the parkinson's specialist did not involve the president's health. they undercut the narrative and said it was with their physical. she is only as good as the information she is getting. when is the last time the president had a covid test. it was up to me to go to dr.

connolly and the president, when is the last time you had a covid test? she is only as good as the information she gets from dr. o'connor and the president. nevertheless, the third time cleanup in three days. >> as the token non-white house press secretary the iron law when a leader's health is failing people around him lie about it. it happens throughout history. nothing that has happened the last year, these questions should have been asked a year ago. the press ignored obvious evidence he was in decline and failing. i would say biden for the moment has won the game of chicken with his own party. that nancy pelosi clip was fascinating. the decision said i'm in and forget about it. the powerful democratic figure says he hasn't decided. >> bill: i will set this up for you. we don't have a v.p. pick on this ticket. milwaukee is five days away, is

that right? so you heard the reporting about brian asking trump on the radio, asked whether or not vance's beard would be a problem. makes him look like abraham lincoln. the question about abortion to doug burgum the laws in north dakota. he addressed that and also the question about marco rubio living in florida, the same state donald trump comes from. he said it makes it complicated. that was the initial reaction. trump last night on his prior feud with marco rubio. >> i'm thrilled to be joined by florida patriots, a man who has become a friend of mine. we had a vicious campaign for a while. he was talking. he was smart. i got to really know him well over the years and he is a fantastic guy, senator marco rubio. >> bill: referred to him many times last night. who makes the most sense? >> marco rubio makes a ton of sense. top three consideration.

glenn youngkin makes a ton of sense. tim scott i could see valid argument for him. marco rubio, there are those the 12th amendment considerations. not only would he have to move his residence, he is a senior senator from florida. he can't hold that role. a lot of considerations. marco rubio, a top pick i would say. young people, latino voters, smart bridging the gap. foreign policy, great on abortion. plan for women with unplanned pregnancies. smart pick. >> the residency thing is a significant complicating factor. underline glenn youngkin in the dark horse category. odds not in his favor. if you put virginia on the map you wouldn't need any of the blue wall states if you could carry virginia and suburban appeal in all the blue states, blue-all states. suburbs all around the country. if you can get anyone, marco or

youngkin to help a little bit in the suburbs it could make a difference if the race gets tight against. >> when trumped talked about his v.p. pick he wants someone to step in and be president. two, i want someone who helps me get elected. interesting that note was in his mind. it narrows down the field. >> it is a mistake to consider the election a gimme. the odds went in trump's favor but a lot of people vote for biden no matter what they same they did with fetterman in pennsylvania. with trump get over the top, get elected and worry about governing and getting along with your vice president for the next four years. getting there is the key thing. >> dana: all right. awesome to have you both here. love to have you back. >> aspiring white house press secretary. >> dana: that can be arranged. >> bill: starting on sunday "america's newsroom" live from the republican national convention, we'll be there for

six days and we look forward to getting back to wisconsin. steve cohen last hour. >> they want biden to be our candidate. he passed lots of bipartisan bills. trump couldn't do that. >> dana: democratic lawmakers increasingly divided on president biden's future. could the disarray spread to party delegates? >> bill: the president's student loan hand-out. could the supreme court step in yet again? >> dana: opening statements kicking off in the alec baldwin manslaughter trial. what we expect to hear from both sides today. because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home■s value. if you need cash for your family call newdayusa. with automatic authority from the va we can say yes when banks say no. give us a call.

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>> dana: another legal challenge for president biden's student loan bail-out. three republican led states, alaska, texas, south carolina

are asking the supreme court with asking them to block the hand-out to borrowers. the federal appeals court allowed a key part of it to go through. the filing went to justice gorsuch who may make the decision himself or can ask his colleagues to weigh in. we'll be in touch with shannon bream and let us know what is happening. >> bill: back on the board. went and looked at the polling. if you smash them together the last 20 years, who had a general lead on the july 4th weekend, okay? this is what we found going back to 2004. john kerry with a two point lead over bush. 2008 barack obama four points over john mccain. four years later again obama 2.5 points over mitt romney. in 2016 trump trailed hillary clinton by 4.7 percent. in 2020 joe biden had an easy lead in the polling over trump and the throes of covid in the

summer and the after math of george floyd joe biden had a nine point lead. right now the first time in 20 years that a republican after the fourth of july has had a lead in the polling. trump with that advantage right now, 3.3 percentage points. cruise on here and say high to my partner and whether or not the polling stands up or shifts a little bit. >> dana: it is interesting. two incumbents running against each other right now. the polling will be interesting. it is interesting to compare but this does feel like a very different election. >> bill: after a convention you get a bump typically. republicans will get a bump after milwaukee. democrats appear increasingly divided on joe biden. nancy pelosi went public earlier today with this comment. >> it's up to the president to decide if he is going to run. we're all encouraging him to make that decision because time is running short. >> bill: okay. tim ryan former democratic congressman out of ohio.

good morning to you. thanks for coming on. here is a quote, right? one house democrat who is in both meetings yesterday, house and senate side. most of our caucus is still with him, meaning he will stay in, which sucks for our country, end quote. their word, not mine. what do you think? >> yeah, you know, i've been trying to scream from the rooftops here what a disaster this can end up being for democrats, not just the presidential race but the house races, the senate races. i don't know exactly what people are saying inside. i'm hearing things like there are a lot of people that thinks he needs to step down. i heard what speaker pelosi said this morning. i do think, you know, people like speaker pelosi and other leaders are saying nato is in town, he is the president, maybe today, tomorrow is not the day for these kind of conversations. but she kept the door open there, which was very, very interesting. i think good, because we have to make a change.

>> dana: that's so interesting to me because biden had already shut the door. he said he is running again. last night you saw cook political report, call for two, moved three of the battlegrounds towards trump. in particular if you look at nevada at 2.4%, that was one of the reasons they made that change. so she is a very practical politician, "politico" playbook called her that yesterday. what was she signaling so hakeem jeffries didn't have to? >> let's continue this conversation because there is too much at stake. everybody who has been saying, including president biden, you know, this is an existential threat to democracy and all this other stuff. you can't say and believe that and then put a candidate up when you have an opportunity to change, a candidate up we are bleeding young people, losing ground with some of core constituents in the black and community hispanics.

the issue is trump has barely spent a nickel in these states. this is all driven by the debate performance and stephanopoulos. there hasn't been a lot of republican and outside money in the swing states behind highlighting the debate performance. all of those videos are going to be sliced and diced and put on social media platforms and seared into the minds of everybody. the stephanopoulos interview seared into the minds of everybody with hundreds and hundreds of millions of dollars. how anyone can think we'll be able to overcome that is -- i don't think living in reality. i think there is a collective delusion happening. >> bill: james carville has this idea wrote in the "new york times" last night. biden won't win. his plan is hold town halls for the next two months and pick eight democrats by barack obama and bill clinton and have them

fight it out like it is march madness in the summertime. i don't know if you like that idea or not. will you be a delegate in chicago? >> no. i will not. >> bill: axios is reporting that delegates in ohio have been told to keep their mouths shut and stay quiet. do you know anything about that? >> i haven't heard that. we have a senate race here a lot of people will take queues from senator brown, who is going to be in a tough race here. which i think he can win but it makes it exponentially harder if the top of the ticket is going to lose by ten, 12 or more points in ohio. he needs a strong top of the ticket. again, you know, i've been saying i think kamala would be our best bet here. we would energize the base. sherrod brown needs to get crossover votes and need your base to be excited. the young people at colleges and universities across ohio excited to participate in a presidential race.

she would do that and i think that would be a boost to a guy like sherrod brown and boost like bob casey in pennsylvania and swing congressional districts. to me it's as clear as day and i'm just getting nervous the clock is ticking. every day we're not out there with a new candidate in these swing states making the case. the script would completely flip. not everything is about trump. his conviction, how he was with the economy was like when he was in and all of these things. if we come in with a radically pragmatic agenda we'll wind handily and keep the house and senate. >> dana: a lot of democrats probably agree with you but afraid to say it publicly. glad to have you on and thank you for being here. >> bill: thank you, sir. >> take care. >> dana: a new warning from the intel community that iran might be taking advantage of

pro-palestinian protests here in the united states to spread more chaos. plus a closely-watched nato summit in d.c. president biden on the world stage with a political crisis lurking in the wings. kurt volker up next with his take. >> the commander-in-chief that i know is not what people saw at that debate stage. just not. he is sharp, he probes, he asked me questions yesterday about europe that i couldn't answer. people tell me they'd love to buy gold. but because it's gold - they think it must be complicated. it isn't. not with rosland capital. with rosland... the entire process from start to finish is built on one concept... one... keep... it... simple. rosland capital - a trusted leader in helping people acquire precious metals. gold bullion, lady liberty gold and silver proofs, and our premium coins, can help you preserve your wealth. call rosland capital at 800-630-8900

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there is no way to fake how upwork can help your business. upwork is half the cost of our old recruiter and they have top-tier talent and everything from pr to project management because this is how we work now. >> dana: fox news alert. open statements begin in alec baldwin's trial in new mexico after a jury of 12 people and four alternates were seated yesterday charged with involuntary manslaughter in the deadly shooting of halyna hutchins on the movie set of "rust." the gun he was holding discharged a live round by mistake. he says he never pulled the trigger but that is what will be the question of the trial.

we're watching for any updates and keep you posted. >> bill: meanwhile from tehran, iran targeting americans taking part in anti-israeli protests. [shouting] >> bill: the u.s. national intelligence director warning people to remain vigilant online. as iranian-backed actors are using social media to drive the chaos. what did you find out, mike? >> the director of national intelligence says in recent weeks iranian government actors have sought to take advantage of ongoing protests at the military conflict if n gaza. we urge all americans to remain vigilant as they engage online with accounts and actors they don't personally know. dni says she felt it important to warn of foreign actors who seek to exploit debate in this country for their own purposes.

americans being targeted may not be aware they're interacting with the iranian regime. karine jean-pierre says president biden has been briefed about the iranian influence efforts. >> the freedom to express diverse views when done peaceful plea is essential to our democracy. at the same time the u.s. government has a duty to warn americans about foreign malign influence activities. this is important to help americans guard against efforts by foreign powers to take advantage of or -- >> the iran supreme court leader praised protestors standing on the right side of history. >> if iran and the enemies of israel if they would eliminate israel they would shift their focus to washington. they hate us almost as much as they hate israel. >> this warning from the intelligence community is likely

the first of many highlighting foreign meddling heading into election season. >> bill: keep an eye on it. important reporting there. mike emanuel in washington, d.c. >> dana: as we speak, world leaders are gathering in washington for a high-stakes nato summit between the united states and our allies hoping to exhibit the show of force and unity against russian attacks in ukraine and threats from china. kurt volker joins me now. great to have you. a lot of news coming out of this. we heard earlier today from antony blinken one of the things he said was that there will be a clear path for nato membership for ukraine, which i'm sure was welcome news for zelenskyy. we're at a time now there is a lot of concern about our own president's ability to actually lead. what are you hearing? >> right, two things on people's minds here. one of them is the plan for winning the war against russia. right now we continue to give ukraine some help but we also continue to put restrictions on

the help that we give them. there doesn't seem to be a plan for how to win. that's the first thing that people are looking for. what is going to happen here? how do we make sure this doesn't just drag on? then the second thing as you asked, people are concerned about president biden's health and fitness for the job. he gave a speech yesterday at the auditorium and did a good job, full voice, forceful speech but doesn't take away the questions about the debate performance and seeing the debate in domestic policy now whether he runs for re-election in november or whether we end up with former president trump coming back. a lot of questions on people's minds. >> dana: this isn't a new concern for some people. from the "wall street journal." biden skipped this early evening meeting with world leaders two years ago and the issue was about ukraine and secretary of state antony blinken arrived and announced that biden had to go to bed according to two people

who were there and the germans had set up an early evening, late afternoon event because they knew the president would want to go to bed early but still couldn't make it two years ago. this concern isn't new. how serious do you think it is? is putin watching? we just saw two days ago he used a hypersonic missile to hit a children's hospital in kiev. >> look, everybody is watching this. our allies saw the debate performance, so did our adversaries. putin, xi, north korea, iran, they are all already taking advantage of a moment when they perceive american weakness. we've seen wars escalate in various regions of the world over the last year and the risk is that this continues for the next six months if they believe that the u.s. is really not operating at 100%. that is just the danger that we face. right now i think our nato

allies are, you know, united and together and believe we need to have a strong alliance and support ukraine. but they're worried about the future of american leadership if we don't get better at this. >> dana: last question here. what can you tell us about the reasons that nato would want to open an office in tokyo? >> well look, nato is a security alliance for protecting european and american, canadian allies. we have china supporting russia, russia getting ammunition from north korea, you have russia supporting iran and iran providing russia with drones. so the global challenges we face are linked. nato needs to have partnership relationships with friends and allies around the world because we are watching the same sort of challenges. >> dana: ambassador, glad we caught you in washington, d.c.

for talk about nato. appreciate it. >> bill: dangerous world out there, too, right? willie nelson is on the road again. today's hemmer celebrity news, right? undisclosed illness forced the country legend to miss the first eight shows of his outlaw music festival tour but there he was back on stage for the annual fourth of july picnic. that was in new jersey. also on the bill bob dylan. a concert i would like to see. i have a question for you, dana. how old is willie nelson? >> dana: 84. >> bill: 91 years old. did you see him walking on stage? lucky cat. all right? >> dana: good living. good clean living. [laughter] >> bill: good clean, green living. 22 before the hour. president biden is about to leave the white house and meet with union leaders. we'll see what message comes from that. opening statements underway in the alec baldwin manslaughter trial as we speak. how prosecutors are now telling their story and setting the

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>> bill: we're watching this story today. president biden about to leave the white house meeting in d.c. with top union leaders trying to reassure jittery voters with his message as he faces mounting pressure to drop out. top democrats getting more concerned about his fitness for the job. larry kudlow keeps going. how are you doing, larry? good morning to you, nice to see you, my friend. there has been an assumption about the union vote staying blue. i just wonder right now how you see trump's approach to this union vote or even non-union workers in blue collar jobs in places like michigan? >> well, thanks for having me, appreciate it.

look, i think trump is making huge inroads in the union vote. he has put together a working-class coalition, union, non-union, blacks, hispanics, whites, younger people. i mean, the economics don't work for a lot of these union members. there is an affordability crisis, their take-home pay has fallen by a couple thousand dollars over the course of biden's term. as you know, consumer prices are up 20% over the term. energy up about 40%, gasoline 3 1/2 bucks, groceries are up about 20, 25%. so, you know, there is a kitchen table squeeze among typical working folks and they had it much better during the trump years when their take home pay went up about $6 thousand instead of dropping $2 thousand.

i will say one other thing on it. a lot of these rank and file union people do not like biden's progressive woke, you know, what they are teaching in the schools, no religion at home or no religion in the schools or various sex and gender issues. they don't like it. they don't feel comfortable with those kind of lifestyles. so i think that mr. trump is going to make great inroads with the union vote. the leadership is very left wing. the leadership is left wing, i get that. except for the teamsters. >> bill: it seems like we revisit this issue every four years and back at it yet again. i don't really know what the true numbers are trying to recruit more union voters to cross over from blue to red. but i know what trump has said in michigan two months ago talking about electric vehicles. he thinks all their jobs will be shipped off to china and it seemed as if that message struck

a cord. >> yeah, i think you are right. you are 100% right. the auto workers do not like the electric vehicle mandates because, as you just said, a lot of this would be shipped to china and a lot of it, because of the technology required, a lot of them are going to lose their jobs if you did change over from gas-powered cars to electric vehicles. nobody really likes electric vehicles. that's true. but the auto workers are very concerned. the other big union, bill, is the teamsters. 1.3 million teamsters. sean o'brien, the president of the teamsters union is going to speak at the republican convention next week at trump's invitation. the teamsters historically much more conservative. again, you know, transportation costs are very high and kitchen table costs are very high. and their social values are

completely different than the woke democrats. so i think that trump is going to do very well. auto workers, teamsters. what else is a sleeper, don't forget this point. no taxes on tips. and that's going to affect a lot of service workers. the seiu, a very liberal union. the service workers live on tips and trump is saying i'm not going to tax your tips. i think that's very popular and i think that is going to really affect the service unions as well. >> bill: something easy to remember. larry, we'll see you in milwaukee. thanks for coming on today. >> my pleasure. i hope both of you come on our show in milwaukee, my friend, dana perino and bill hemmer. please come on our show. >> bill: see you at 4:00 on fox business. >> dana: news briefing ahead. but from outer space. that's different. two nasa astronauts stuck on the international space station give

an update on their mission and engineers on the ground try to solve problems with their new spacecraft so they can get back to earth. >> bill: don't miss that spin, huh? ♪

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maybe, your home could do the same for you. call aag and get your free info kit. call this number. >> bill: this has turned out to be a pretty big story. minutes from now the crew of the boeing star liner will give an update on the technical problems they've been having that leaves them stuck on the international space station. it has been going on for weeks. not a good story for boeing. what do you think, jonathan, is today the day? what's next? >> we'll find out more information today. star liner test pilots butch and sunny have been in space since june 5th when they launched from florida's space coast. docking with the international space station the following day. joining seven iss crew members in low earth orbit.

initially nasa and boeing officials estimated the star liner mission would last about eight days. even then nasa administrator bill nelson said the first flight test would be thorough. >> butch and sunny do what they do best. they are test pilots. and they are going to test this thing. >> star liner is safe and in the event of emergency butch and sunny would be able to fly star liner back to earth. but while they have the luxury of time engineers want to find the cause of small helium leaks and now mostly resolved thrust tear problems the astronauts encountered on the way to the i.s.s. those issues are on the star liner service module. as you can see in the boeing animation it is jetsoned before

the capsule returns to earth. the team wants to study the service module before it burns up in earth's atmosphere. butch and sunny will hold a space to ground call with reporters at 11:00 eastern this morning. that will be followed by a news conference with nasa and boeing officials at 12:30 this afternoon. >> bill: wow, more than a month now. jonathan serrie in atlanta. thank you for that. >> dana: back to sante fe, new mexico. opening arguments in alec baldwin's case are set to begin any moment now. looking at a live photo accused in the shooting death of the hutchins on the set of his movie "rust." he could get 18 months if prison if found guilty. the special prosecutor speaking to fox yesterday. >> we're just here to present our evidence and we'll do that and respect whatever decision the jury makes. >> you believe your case is a

strong one, though? >> i'm going to present my evidence. i don't -- i don't have an opinion. >> bill: hum. >> dana: let's bring in criminal defense attorney ryan clay pool. this is getting underway. you have an interesting point that you want everyone to be thinking about as this case gets under way. let's give you the floor. >> yeah, in an involuntary manslaughter case not enough to prove that alec baldwin was negligent or he was careless or reckless. the prosecutor has to also prove what is called legal causation. that will be a hard haul. why? that means the prosecutor has to prove baldwin's conduct was a substantial factor in causing the death of hutchins. it is standing alone baldwin pulling the trigger caused her death. new mexico has the but for test. but for baldwin pulling the trigger hutchins dies.

you have to have reed putting the live bullet in the gun that caused her death. you don't have two or three people charged with murder or reckless handling of a gun. if i'm baldwin's lawyer i'm putting reed on trial. she is responsible to make sure there isn't a live bullet in that gun. >> he said he thought it was cold, meaning it wasn't loaded. this is the moment that he was speaking to sheriffs at the scene on that day. >> you were in the room when the lady? >> i was holding the gun. >> mr. baldwin, who is the director on scene? >> the guy shot. i'm happy to stay here and do anything. >> i want you to stay with everybody and not talk to anybody. >> i'll stay right here. >> bill: he admits he was there on the scene but said he cocked the hammer and not the trigger. and we had this picture and we

were looking at this thing. the index finger looks close to the trigger. i don't know what you thought of that bit of evidence. >> that's a great point, bill. that will be the prosecution's case. their case is two-fold. number one this was a reckless scene. you have the osha report, remember that? where it details how careless the scene was handled. not a lot of training with using guns, including baldwin. then you have the issue did he pull the trigger or not? prosecutor will argue yes, you are showing that video will help the jury, you know, determine that he likely did pull it. but then again baldwin's lawyers have some testing that shows there were some marks on the gun that suggest that it might have been an inadvertent discharge of the gun and argue it dischargeed without baldwin pulling the trigger. they have to argue even if he pulls the trigger the death does

not occur other than reed failing to do her job. the assistant producer who pled guilty, he also failed to look in the gun and make sure that there is no live bullet in that gun. >> dana: this is getting underway. the jury is seated. opening statements about to get underway. i'm sure we'll touch base with you as the case continues. appreciate you. >> you bet, thanks so much. good seeing you guys. >> dana: before we go. a vegas police officer taking some dramatic action to save a pair of trapped dogs. a sweltering 110 degree day and it was -- inside the car. the dogs were taken to a shelter and they got some treatment and they are okay. that was some good work by the deputies. poor little guy. >> bill: get some water. >> dana: so hot. good to be here. we've got a big day on tap for the rest of the day. sandra smith is in for harris on "the faulkner focus." here she is.