it's a trying time for america. i'm michael smerconish. there's no date that donald trump could be tried in the next 15 months, the time between today, an election day, that would not pose a conflict with campaign events.

the first debate in just two weeks. then the calendar thereafter littered with debates and caucuses, primaries and convention. does that mean that trump should not be tried before the election? no. the cases should proceed as they would were the candidate not a presidential candidate. they should not be postponed because of the election, in which he has chosen to run. but nor should they be expedited. i have noted here before that there's a long and noble tra jigs at doj of not wanting to act in a way that might be perceived as political. five recent attorneys general, republicans ask democrats, have all signed the same memo affirm lg the importance of keeping politics out of criminal charges. a republican in 2008, eric holder in 2012 and loretta lynch in 2016, bill barr in 2020 and mek garland just last year, they have all used the same language, include ing this

paragr quote, simply put, politics must play no role in the decisions the federal investigators or prosecutors regarding any investigations or criminal charges. law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election or for the pup of an advantage or disadvantage to any candidate or political party, such a purpose is inconsistent can with the department's mission and with the principles of federal prosecution. the u.s. attorney's manual has similar language, and it all makes sense. but think about it. if law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charmings for the purpose of affecting any election, then surely the logic would procollude them from influencing the timing of a trial for affecting an election. it seems like the special counsel is deliberating pushing to get the january 6th case

heard before americans vote. the mote reese indictment lists six unindicted coconspirators, and it's true, that might be a strategy used to get those individuals to flip. but unless and until such time is they are indicted, it makes the case against donald trump much more straight forward, much more streamlined for trial. the purpose of friday's hearing was to discuss a doj request for protective order, which if granted, will similarly accelerate the pretrial discovery process in that case. which reminds me in the mar-a-lago case, much more information has been given to the trump defense lawyers than they are entitled to at this stage pretrial. in the january 6th case, the special counsel's office on thursday told the judge they would be ready for trial this coming january 2nd. that's a sprint. and it means among the three existing cases, this one would go first that the feds indicted

trump before indicting him for january 6th. the new york case brought by the manhattan da that's set for next march. the mar-a-lago case ending in federal court in florida is set for may. and next week many expect the fulton county da to issue a fourth indictment against trump. in his filing to the special counsel's office, their presentation of evidence would take, quote, no longer than four to six weeks. and in the filing, prosecutors said the rapid pace was needed n the gravity and historic nauch of the charges. quote, it's difficult to immcn'e a public interest stronger than the one in this case in which the former president of the united states is charged with three criminal conspiracies intended to undermine the federal government. trial in this case is clearly a matter of public importance, which merits in favor of prompt

resolution. it's certainly a matter of public importance, but why did it merit more prompt resolution than any other case. according to trump, it's because the feds want their say before the american people get eirs. deranged jack smith has just asked for a trial on the biden indictment to take place on january 2nd. such a trial says trump should only happen, if at all, after the election. the same with the other fake biden indictments, election interference. if friday's hearing address ed the issue of trump being a candidate telling his attorney the fact that he is running a political campaign current ly hs to yield to the administration of justice. and if that means he can't say exactly what he wants to say in political speech, that's just how it's going to have to be. he also responded to defense complaints about the timing saying, i see a desire to move this case along, adding that she hasn't seen any evidence that

it's politically motivated. the hearing at the end of the hearing the judge quoted a supreme court decision which reads, it is a bedrock principle of the judicial process that legal trials are not like elections to be won through the use of meeting hall, the radio and newspaper adding this case is no exception. then she offered this warning. the more a party makes inflammatory statements about this case, which could taint the jury pool, the greater the urgency to proceed to trial quickly. why should trump's statements have any impact on the pace with which he's tried? on tuesday "the new york times" published an etc. is a from a prior guest of mine here tha came under the headline, the prosecution of trump may have terrible consequences. in it, he rowrote, even if the prosecution succeeds before or after the election, the costs to the legal and political systems will be large. there's no getting around the fact that the indictment comes

from the biden administration wh trump holds a formidable lead in the polls to secure the repuican party nomination and is runningeck and neck with biden, the democratic party's probable nominee. th deep ly unfortunate timing looks political ans potent political implications, if even it's not driven by partisan motivations. and it is the biden administration's responsibility as its justice department delayed the investigation of trump for a year andhen rushed to indict him well into the gop primary season, the unseemliness of the prosecution will grow if the biden campaign or its proxies use it as a weapon against trump if he's nominated. that's definitely the perspective of many republicans as evidenced by all the polls. trump has maintain ed a commanding lead over ron desantis and the others. thus far, he's benefitted politically from being indicted. as nutty as that sounds, it's born out by the data.

in a recent poll, 86% of republicans said they feel the trump indictments and investigations are an attempt to stop his 2024 campaign. and 56% say they view the indictments and investigations as an attack on people like me. it's true trump's fate might be determined by the election. that he could win, stymie the justice department or self-pardon for the federal charges. but that doesn't mean it's proper for the special counsel or the court to schedule trial with the election in mind. the doj standards warn for the purpose of influencing the election, that should include the pace with which is a case is prepared for trial. don't misunderstand me. trump shouldn't be shown any deference in delaying the trials until after the election. but nor should he be rushed to trial different than any other defendant. and if that happens, it will

likely enhance his standing in the court of public opinion. which brings me to today's poll question. go to smerconish.com and answer this question. should the timing of any trump trial be influenced by the date of the election? ginning me to discuss is ronald zsullivan jr., clinical professr of law at harvard law school, where he's also faculty director of the criminal justice institute. professor, thank you for being here. in a normal felony case of this magnitude, would it get to trial before november of 2024? >> i do not think so. if you would ask me this question 24 hours ago, i would have said there's no earthly way this case would go to trial before the election, but having seen what happened yesterday in court, i have to modify my opinion a little bit. there's probably a likelihood that this will go to trial before the election. >> what is it?

read the tea leaves or what did you read in the transcript that causes you to change your view? >> well, the judge deployed what i want to call the no shenanigans rule. she said we're going to do this, we're going to do this timely. we're not going to play any games. we're not going to try this case in the media. we are going forward. so she threw down the gauntlet and said we're going to be ready. the government turned over, i believe, 11 million pages of discovery, which is sort of unheard of at this early stage. so i expect the judge is going to say, if everything has been turned over, and if the defense has had time to prepare, we're going to trial. >> you heard my view. my view being don't cut him any slack, but don't treat him any differently. i know that a critic, and i'm not sure if you're a critic, i

know a critic would say the american people have a right to know before they go in and close the curtain and cast their ballots. what do you think on the fundamental issue that i'm raising? >> well, i think you are right. what we have are two principles that are intention. one is a bedrock principle of criminal justice administration that no person is above the law. that, frankly, is intention with this notion that the justice department should not get involved in politics, should not muck around close to an election. those two are at lagger heads with each other. one has to give way to the other. the resolution of this tension, at least according to the judge, is the madministration of criminal justice. no person is above the law. i think you're right that he should be treated like every other person, every other accused in court. what's important to remember,

though, is that every other accused, including the president, has a sixth amendment right to an effective assistance of counsel. so if his lawyers say, hey, this is too quick, i cannot be effective, i cannot prepare, then there's going to be a problem in terms of whether this thing can move at the pace the judge wants it to move. >> and finally, the judge was a law school classmate of mine at penn law. yet i think you know her far better than i do. give us some insight. you who know her well of what to expect. >> well, she's smart. she was expert trial lawyer. so when you have a judge who was an expert trial lawyer, you're not going to be able to pull the wool over her eyes. she can say i have been there. i have done that. i know for a fact that the judge has closed in one case, walked down the hall, this is when she was a public defender, and

opened another case. so she's not going to be moved by certain claims that, oh, i don't have time to prepare for this or prepare for that. she has a keen sense of what a sophisticated litigation entails. she was at a8t major law firm a did all sorts of criminal litigations. she's going to know what it takes to be prepared in a timely manner in this case. she's no nonsense. you're not going to be able to pull the wool over her eyes. and most importantly, she's going to be fair. she realizes that the government has the burden of proof to prove this case beyond a reasonable doubt. she's going to make sure that donald trump gets a fair trial. >> professor, here's a social media reaction. hang out, i'll read it aloud. what do we have? it's funny, but up until now the

maga supporters were complaining this process was dragging, but now it's, why now? there will never be an ideal date for trump. let's go asap. to that, i would add, as i pointed out, the next 15 months, there's no clean opportunity where there won't be conflict. it doesn't have an easy resolution. a quick final word from you. >> no easy resolution. values are intention with each other. what's going to happen, according to the judge, is that the criminal administration of justice is going to take precedent. so they are going to move this case notwithstanding what else is going on on the calendar. then we'll see what happens. >>rofessor, thank you. >> you want you to hit up my website. go to smerconish and answer the poll question. should the timing of any trump trial be influenced by the date

of the election? register for the daily newsletterer. it's free and worthy. up next, on friday merrick garland gave special counsel status to the person investigating hunter biden. perhaps this will get us closer to the bottom of that case, but it makes 2024 even more complicated. in the on deck circle, i will speak to irs whistleblower gary shaply about the new development. except the hours that you're sleeping. so why do we leave so much untapped potentitial on the tab? this is a next level bed, for a next level you. my circadian rhythm is kickingg your circadian rhythms butt! 's i know, but i'm still winning! so, it is a competition. save 50% on the sleep number limited edition smart bed. plus, 36-month financing on select smart beds. shop now only at sleep number. ♪ jardiance ♪ ♪ it's a little pill with a big story to tell. ♪ ♪ i take once-daily jardiance, ♪ ♪ at each day's staaart. ♪ ♪ as time went on it was easyo seee. ♪

♪ i'm lowering a1c. ♪ jardiance works 24/7 in your body to flush out some sugar! and for adults with type 2 diabetes and known heart disease, jardiance can lower the risk of cardiovascular death, too. jardiance may cause serious side effects including ketoacidosis that may be fatal, dehydration, that can lead to sudden worsening of kidney function, and genital yeast or urinary tract infections. a rare, life-threatening bacterial infection in the skin of the perineum could occur. stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis, or an allergic reaction, and don't take it if you're on dialysis. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. ♪ jardiance is really swell, ♪ ♪ the little pill with a big story to tell. ♪

eva's about to learn her fear of missing out leads to overeating. i totally eat stuff to not miss out. and that's just a bit of psychology eva learned from noom weight. sign up now at noom.com

friday attorney general merrick garland announced he was giving speshlg counsel status to the attorney investigating hunter biden saying it was in the public interest due to the, quote, extraordinary circumstances relating to this matter. the prosecutor had asked garland for the new authority after plea talks to are solve tax and gun charges fell apart with the trial now more likely. his decision gives more powers than a typical attorney and gives further independence from the doj. it puts america in uncharted territory with three doj special counsels currently investigating the sitting president, his son, and the previous president. a do j official told cnn that the white house and hunter biden's legal team were not

informed beforehand of the decision calls if a special counsel have intensified in recent months with leading republicans claiming hunter biden got a sweetheart deal. and two irs whistleblowers alleging that weiss and the justice department gave him preferential treatment in the plea deal. one of them gary shapely will join me in a moment. the attorney general has committed to avoiding even the appearance of politicization at the justice department, but house judiciary chair jim jordan, who asked weiss to testify about the probe, released this statement through a spokesperson. david weiss can't be trusted. this is just a new way to whitewash the biden family's corruption. weiss has signed off on a plea deal that was so awful and unfair that a federal judge rejected it. jordan's view was echoed by kevin mccarthy and chuck grassley and tim scott, who said that weiss isn't the right person for the job. hunter biden's attorney said in

a statement, the u.s. attorney has diligently been investigating my client for five years and had proposed a resolution. we are confident when all of these maneuvererings are at an end, my client will have a resolution and moving on with his life successfully. joining me now is whistleblower gary shaply, he worked for the irs for 14 years and was the first irs whistleblower to come trd in the hunter biden investigation. he testified before a house committee just last month. gary, thank you for being here. you testified that at this meeting on october, 2022, david weiss said he wasn't the deciding authority, and that's contrary to what he had been saying to letters to congress. does this recent move confirm or refute your testimony? >> thank you for having me. so yesterday's announcement was an admission by attorney general

garland that they have not been truthful with the american people. it goes right to w= you just said. he did not have the authority to make the decisions, as he said in the 2022 meeting. >> so in the letters, i have all of them in front of me, he makes clear he is the deciding authority. he also said that he had had not asked for designation as special counsel. in this instance, what do we know? he asked for it on tuesday and it was promptly given. what doesn't sound right about that timeline to you? >> i know october 7th, 2022, he told that group in that room that he requested special counsel authority after going to d.c. president biden u.s. attorney to have charges for a 2014-2015 years, and he was denied that authority from doj. he was told to follow the process. now you discuss these letters on

june 7th of this year and june 30th. the june 7th letter says i have full authority. before special agents testified in front of the house ways and means committee. the june 30th letter, it's released after our testimony was voted out by that committee and made public. and it was clear that the united states attorney weiss changed his story because he says i have full authority to charge. the june 30th letter he says i have full authority charge. it's an important paragraph where he says after that, he says i don't have the authority to charge outside of delaware. i would have to partner with a u.s. attorney where a venue exists. and this announcement yesterday is unquestionable vindication of the special agent coming forward. this is the crux of the issue we forward to the committee. >> in that june 30 letter, he makes reference to his charging

authority being geographically limited to my home district. you and i are quickly in the weeds on this. so step back and tell me big picture, what does it mean? what's going on here, gary? >> so a subject has to be charged where the crimes are committed. it's called venue. and in this case, the venue was determined as early as june of 2021 that for the 2014-2015 charges, it was the venue was the district of columbia. and then for the next years, the venue had to be in central district california. both of those districts are ran by president biden-appointed u.s. attorneys. he said on multiple occasions and the prosecutors are well aware of it. it was an ongoing conversation with investigators, the entire investigation towards charging in march of 2022 that they had to go to d.c.

they this to go to california because david weiss didn't have the authority. this announcement runs afoul of everything doj has told the american people about who has the authority. it runs foul fowl of the testimony this front of congress last year and march 1st of this year. the letters simply are not accurate based on the actions taken. if you recall, attorney general garland said that he actually had more authority than a special counsel had. so now he appoints a special counsel, does he have less authority than he had previously? it just doesn't match up. >> quick answer. does the president himself now face more legal jeopardy in your view? >> i can't answer that other than that there were investigative steps that clearly indicated the hunter biden's father, president biden, had some type of involvement, and we

just weren't allowed to follow those leads. >> were you not allowed to follow those leads because you think doj and the irs wanted to shut you down as a protective measure, to protect the president? or because people were afraid to rattle the cage? is there a more benign explanation? >> i can't get into the motivations because i simply don't know what their motivation was. but any typical investigation, when you have text messages, when you have discussions of 10% going to family member8v of a subject, any tax investigation, you have to go there. any other investigation, we would have went there. >> social media reaction. stick around, gary. let me see if i want the to rely on gary for this. no one cares about hunter. the real issue is the joe biden connection and the possibility of national security being compromised. let's get to the truth. quick answer from you. you would say what do that

viewer? >> i'm here for the american people. i'm risking my life and my career for the american people. and what's right is right. if everyone does what's right every single time, then america is going to be a great country for a long time to come. i can't comment on that thought. >> i'm with you in so far as i'm not rooting for any outcome other than to get to the truth. thank you, gary. >> thank you so much, michael. please go to smerconish.com and cast a ballot on the poll question. should the timing of any trump trial be influenced by the date of the election? still to come, starting with the draft, the elites enjoyed a different america. although many make noise about a society. are they just propagating their own power? and pensacola tried to promote how he's a regular guy

by pumping gas. didn't go so well. he's just the latest in a long line of candidates bungled attempts to look like ordinary folk. and as you'll see, it's the backfires we remember most. almost is just another word for not as good as mine. save 5 50% on the sleep number limited edition smart bed. plus, 36 month financing on select smarart beds. shop now only y at sleep number. i'm jayson. i'm living witith hiv and i'm on cabenuva. it helps keep me undetectable. for adults who are undetectable, cabenuva is the only complete, long-acting hiv treatment you can get every othemonth. cabenuva is two injections, given by my healthcare pr. it's really nice not to have to rush home and take a dly hiv pill. don't receive cabenuva if you're allergic to its ingredients or if you taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems, and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns,

and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection-site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. ready to treat your hiv in a different way? ask your doctor about every-other-month cabenuva. every other month, and i'm good to go. (♪) rsv can be a dangerous virus... [sneeze] ...for those 60 and older. it's not just a cold. and if you're 60 or older... ...you may be at increased risk of hospitalization... [coughing] ...from this highly... ...contagious virus. not all dangers come with warning labels.

talk to your pharmacist or doctor... ...about getting vaccinated against rsv today. subway's now slicing their meats fresh. that's why subway's proffered by this champ. and this future champ. and if we proffer it, we know you'll proffer it too. he's cocky for a nineteen year old.

that's why comcast business de is launching theal. mobile made free event. with our business internet, new and existing customers can get one year of unlimited mobile for free. it's our best internet. powered by the next generation 10g network and with 99.9% reliability. plus one line of free mobile for an entire year. it's the mobile made free event-happening now. get started for just $49.99 a month. plus, ask how to get one free line of unlimited mobile. comcast business, powering possibilities.

america's culture wars are elites, actually the bad guys. that's the provocative question raised by "new york times" columnist david brooks that sparked a heated online debate. i ask you to try an advantage point if whin which we anti-trumpers are not the eternal good guys. we're the bad guys. the elites argues brooks while talking a good game about supporting the marginalized part pech waited a system that serves themselves. he traces the phenomenon to the 1960s when high school graduates were forced to fight in vietnam

while the offspring got college deferments and went to fix racial imbalance bussing was imposed on working class communities, but not the upscale es. the idea we're all in this tother was replaced with the reality that the educated class vein a world up here, and everybody else is forced into a world down there. high ly-educated parent gos to elite schools, marry each other, wok at professional jobs and pour resources into our children who get into the same elite schools, marry each other and pass their exclusive class privileges down from generation to generation. he cite d the work of my next guest, how america's foundational myth feeds inequality, dismantles the middle class and devours the elite. daniel joins me. he's a professor of law and the founding director for the center

of study of private law. professor, what does merit mean as we are using it, and what's wrong with it? >> first off, thank you for having me on. it's a pleasure to be here. what merit means is that people get ahead based on their accomplishments, rather on their race or gender or parent's brooed ing. the problem is that accomplishments depend very heavily on the investment that parents make in their kids' education. and the elite today have so much more money than everyone else and have an infinite taste for investing in their cud's education. so they spend vastly more sums than anyone else can afford and produce kids and while they are very hard working, their advantages are undeserved and unfair. >> shy of socialism, how do you fix it? >> well, i think you fix it in two ways.

the first thing you do is what we have seen over the past 40 or 50 years in america is that elite education has become more and more exclusive and more and more intensively funded. so the ivy league today spends twice as much per student per year as it did in 2000. these colleges are full of kids of rich parents. a lot of these colleges have more kids from families in the 1% than in the entire bottom half. the first thing to do is realize that colleges that spend a lot of money on rich kids are not charities and shouldn't be taxed as charities. the government should say if these colleges and private schools, by the way,iu want to keep their tax exemptions, they have to massively increase their enrollments and take the new kids from the bottom two-thirds of the income distribution. so one thing to do is toak education more democratic. >> david brooks writes, like all to recognize one another and ols exclude others, using words like problematic and intersectional is a sursign that you have

cultalapital coming out of your ears. members of the less educated classes have to walk on egg shells because they never know when we have changed the usage rules so that something that was sayable five years ago now gets you fired. professor, do you come at this from a political or ideological perspective? >> like everybody, i have my own ideas and ideals. i'm pretty far left, to be honest with you. but the scholarly work i do is not designed to promote my own political views. what i do in my book is i identify facts about who pays how much for education, which jobs pay how much, and then i try to lay out a description of what's happened to the country in the past 50 years. people will decide what to do based on those facts, depending on their own ideas, not mine. that's as it should be. >> so by your analysis, i feel

like i'm a bad parent. because i am doing or have strived to do exactly that, which you're criticizing. my wife and i work seven days a week and they have gone to good schools. so what have i done wrong and what am i supposed to be doing as a parent? >> so you're not a bad parent, you're a good parent. the feature of the system we built is when the elite does everything it's supposed to do, which it teaches kids to work hard, to get good at things, to study, to try, it also gives them enormous undeserved and unfair advantage. and whether people should feel guilty for giving their children virtues but unfair advantage, that's between them and their gods, but point of the analysis is that this is a kind of structural inequality. whether we feel guilty or not, people should try to change the system. try to support middle class jobs, policies that will produce

those jobs, rather than policies that conticentrate privilege an advantage in the elite. >> here's a social media reaction. put it up there. educated folk aren't bad guys, but they are no better than blue collar folks. it's when college-educated folk act like they are too good to associate with blue-collar folk they become bad guys. i would add to that, that ties into putnam with bishop and murray with coming apart. this separation that it reads is really of concern to me. quick final word from you? >> sure, the separation is huge. the rich today grow up in different neighborhoods. they married each other. they shop in different stores. they watch different tv. they read different beak books. in the long run, that's going to

break down the ties of mutual understanding and solidarity, which a functioning democracy has. >> thank you so much for being here. i appreciate it. the book is great. i want to remind everybody. answer the poll question at smerconish.com. should the timing of any trump trial be influenced by the date of the election? when you're there, register for the daily newsletter. did you notice anything odd about the latest mike pence ad? i'll break down an kpausive list of campaign stunts gone wrong.

julian's about to learn that free food is a personal eating trigger. no, it isn't. (sigh) yes, it is. and that's just a bit of psychology julian learned from noom weight. sign up now at noom.com. you took my breath away from the moment i first saw you. will you marry me, dolly? she said yes! she said yes! it's not a real person. it's not a real diamond. (swords clashing)

-had enough? -no... arthritis. here. aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme.

subway refreshed everything. and now, they're slicing their meats fresh. that's why this pro proffers the new grand slam ham. so does this pro. i just love a grand slam... ham. and if we proffer it, we know you'll proffer it too. i knew he'd love that sandwich. (jack) we're standing up for our right to be lazy. (jan) by sitting down. (ronald) and reclining back (lyn) we work full-time and parent full-time. (lyn's husband) we will be reclined until further notice. (andi) it's our right to let the dishes soak overnight. (rob) and to mow the lawn... tomorrow-ish. (ben) we proudly declare that yes, we are still watching that. (ariel) and no, we won't be cooking tonight. (damon) we, the lazy, are taking back lazy... (doreen) ...by getting comfy on our la-z-boy furniture. (vo) la-z-boy. long live the lazy. (fisher investments) in this market, you'll find fisher investments is different than other money managers.

(other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our client's portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? (fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different. so who do you want to have a beer with? right or wrong, it's a litmus test that arises four years in presidential elections. i'm not defending that lens as a way of picking candidates, but rather just acknowledging the importance of authenticity. it you fail that test, your campaign could be doomed. we have had you are first

example of the 2024 cycle. former vice president mike pence caused a brouhaha while pumping gas in a commercial. >> $2 a gallon gas? i do. and then joe biden became president of the united states and launched his war on energy. >> online, many looked at the tape and there were issues. who gets to pump without paying? or selecting a fuel type or even squeezing the nozzle. and you can hear the gasolinekx dispenser beeping as he's talking csignaling something is not right. take away, it's been awhile since mike pence pumped his own gas. a failure, you would say of the beer test. the good news is he has a lot of company. last year in the most highly contested senate race of the midterms, dr. oz said a candidate running for office in an era she or she has no personal tie to. let's go to the tape. >> grocery shopping, my wife

wants some vegetables. >> hold on. it's either wegman's or krogers. but it surely isn't wegners. another campaigns benefitted from the gaffe. >> we call this a veggie tray. >> in 2019 democratic massachusetts senator elizabeth warren announced her plan to run for president and took a moment to pause on instagram live for this. >> hold on a sec. i'm going to get me a beer. >> yeah, sorry, senator, if you have to announce you're getting a beer, we're not interested in having one with you. just two weeks before, the democratic primary in 2016, presidential candidate hillary clinton wanted it prove that she takes the subway just like any other new yorker.

unfortunately, she needed five tries to properly swipe a metro card. and what the fork is happening here? donald trump in 2011 using utensils to eat a slice along with former governor sarah pais lint in times square. then there was john mccain, war heat roar and land opener after clench ing the nonation, the arizona resident stumbled to give a straight answer to a seemingly simple question. how many houses do you own. >> i think -- i'll have any staff get to you. >> the correct answer apparently was eight. but an honest answer from the senator probably wouldn't have sat well with voters since more than 800,000 feem faems lost their homes due to the recession. thankfully for the mccain camp, then senator barack obama had some not relatae moments.

the first term senator played with bob casey, scored only a 37 out of 300. obama admitted he hadn't bowled since he was 16. the dad pants and wide bowling stance probably didn't help his case. then when vying for votes in iowa, obama tried to connect with farmers by complaining how expensive arugula is at the local whole foods. little did he know the closest was in omaha, nebraska. where all politics are local. this might be be my favorite unrelatable moment. anyone running for president needs to come to philadelphia and eat a cheesesteak, we expect that. we want to make sure you know how to order. a simple answer, ordered a philly cheesesteak with swiss cheese, the war hero went off menu. the only thing worse is that he

was observed eating daintily while recollecting an elongated fingernail that he used to play classical get tar. that's not passing the beer test. here's a tough one. you remember before excepting the presidential nomination in 2 2000 vice president al gore planned a 3-second long kiss on his wife, which many viewers at home was a bit too long and uncomfortable. it seemed like three minutes. but "the new york times" did a stopwatch and said it's 3 seconds. did that make him more or less relatable? the jury is still out on that one. and the two parted ways in 2010. who can forget what seemed like the most expensive haircut in history. two of laxs runways shut down for an hour causing some delays for incoming flights just so president clinton's beverly hills stylist would come aboard and give him a trim before heading back to washington. of course, the1v9 incumbent he unseeded a year prior wasn't any better. president bush appeared amazed

when scanning items at a checkout line during a groesh rs association convention in florida. his reaction to the scanner made him appear out of touch and he lost the presidency. not saying it was because of that, but who knows. but all of this pails in compare ton so the gold standard of unrelatablety. sorry, governor, but using that helmet criticized for being weak on national defense and little experience in the national security arena, the democratic candidate had a lot torove, but this photo opt was a misfire. by the way, in 2013, 25 years after the tank ride, josh king himself a former clinton advance man, went down a rabbit hole and tried to piece together the genesis of the tank ride. the short version, much of his attention focused on a young staffer named matt bennett, who

organized the event and tasked with making him look appear presidential after reporters were done laugh ing at the candidate, one of his colleagues turned to him and reportedly said, nice event, matt. it may have just cost us the election. besides that, it was great. so mike pence, former vice president, you got a lot of company. maybe you should call one of these folks and have a beer. still to come, more of your best and worst social media comments. go vote. should the timing ofny trump trial be influenced by the date of the election? just ask my old friend, kevin. nothing like enjoying a cold one while watchihing the game. who's winning? we are, my friend. we arere. icy hot. ice works fast. ♪ heat makes it last. feel the power ofontrast therapy.

icy hot. sometimes, the lows of bipolar depression feel darkest before dawn. with caplyta, there's a chance to let in the lyte. caplyta is proven to deliver significant relief across bipolar depression. unlike some medicines that only treat bipolar i, caplyta treats both bipolar i and ii depression. and in clinical trials, movement disorders and weight gain were not common. call your doctor about sudden mood changes, behaviors, or suicidal thoughts. antidepressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. report fever, confusion, stiff or uncontrollable muscle movements which may be life threatening or permanent. these aren't all the serious side effects. caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com.

subway refreshed everything and now they're slicing their deli meats fresh. that's why this qb profers the new five meat beast. and this qb profers it. and if we profer it. we know you'll profer it too. are you trying to outspokesperson me? maybe. wake up, achievers. you're making the most of every hour of your life. except the hours that you're sleeping. so why do we leave so much untapped potential on the table?

this is a next level bed, for a next level you. my circadian rhythm is kicking your circadian rhythms butt! it's not a competition. i know, but i'm still winning! so, it is a competition. save 50% on the sleep number limited edition smart bed. plus, 36-month financing on select smart beds. shop now only at sleep number.

so there's the result of this week's poll question at smerconish.com. should the timing of any trump tile be influenced by the date of the election? i love it. i'm the majority for once. 78% of us say no. don't cut him any breaks. don't push it off. but don't speed up the clock, either. may i show you something else? yesterday's poll result, put this on the screen, i want you to see this. which will drive more people to the polls in 2024? the reason i'm showing it to you, i've never had a poll result so close. 50.48% said abortion, and 49.52% said trump. obviously, abortion because of what just happened in ohio. good lesson for us to be thinking about. social media, i think i've got time for one. what do we have that came in? you are such a phony. faking like you're just asking questions, while pushing that same far right dribble. really? what dribble? you're not fooling anybody.

you're not playing down the middle. you have an agenda. i bite, i guess i'm biting and responding to you, like i don't mind the criticism, i welcome it, i tell katherine, don't put up any praise, because nobody other than my mother wants to read it. but next tike, bring something substantive. next time, call me out and say you said this. but instead, it was all hyperbole. and there is nothing for me to react there. see ya. this is how tosin lost 33 pounds on noom weight. i'm tosin. noom gave her a psychological approach to weight loss. how you think about food has such a... huge impact on your relationship with it. you took my breath away from the moment i first saw you.

will you marry me, dolly? she said yes! she said yes! it's not a real person. it's not a real diamond. you can save money by spending less of it. makes sense! oh, i see what you did there! - what? - what? i don't get it. hehe. when nature and science get together... pretty sweet things can happen. like our senokot laxative gummies. to relieve occasional constipation, senokot starts with the natural senna plant that science transforms into a yummy gummy! sweet! senokot laxative gummies. i was born on the south side of chicago. it has been a long road, but now i'm working for schwab. i love to help people understand the world through their lens

and invest accordingly. you can call us christmas eve at four o'clock in the morning. we're gonna always make sure that you have all of the financial tools and support to secure your financial future. that means a lot for my community and for every community. ♪ subway's now slicing their meats fresh. that's why soccer pros like me profer the grand slam ham. and this rookie prefers fresh sliced turkey. perfect for when you're subbed out of the game. and if we profer it, we know you'll prefer it too. nothing better than a sub, sub.

my sport propels me forward. contra costa college saw potential in me that i didn't know i had. focus. determination. drive. contra costa college helped me blaze the trail. now i'm a comet, and there's no stopping me. come on, this is your shot. take it. join the team at contra costa college. start today at contracosta.edu good morning, everyone. it is saturday, august 12th, i'm amara walker. >> you