. >> harris: i want to bring in andrew cherkasky and andrew, we now have learned that the prosecution has finished with its opening arguments and now the defense is giving its opening arguments. we have producers in the courtroom so we're getting realtime what's going on in there. what are your thoughts on this case? >> it sounds like the opening from the prosecution was focused on the idea that donald trump lied over and over and over again referring to the entries in the new york business records saying that the payments were legal retainers. the problem with the prosecution here is that seems to be a perfectly reasonable and rational entry into the books there. it is not as though donald trump put in there donation to child cancer charity. he was referring to the idea that he is engaged in legal payments and that's what the prosecution has to prove beyond a reasonable doubt is fraud. i don't think that they did a very good job from the notes i've seen so far to convince the jury on the onset that it is a fraud. >> harris: the defense has a couple of things to work with. what you ju

andrew cherkasky, leo terrell, andy mccarthy and phil holloway again.ndy, i want to ask you about the hours long arguments yesterday, three hours. kagan drilling trump's attorney questioning him on what qualifies a former president for immunity. that's the question of the hour. telling john sauer the framers did not put an immunity clause into the constitution. they were reacting against a monarchy who claimed to be above the law adding, wasn't the whole point that the president was not a monarch and that the president was not supposed to be above the law? the president's team says there should be immunity. a sitting president or former president should not be prosecuted. what takeaway do you have of these justices' comments on immunity? >> well, i think, julie, they pinned down dreeben, making the argument for jack smith team. they pinned him down to a concession there is a bit of presidential immunity that goes around the core of the president's duties. justice kagan is correct they didn't use the word immunity. trump's team pushes back the vesting of

will break and katie cherkasky will break it down next.coming in.. big or!s never easy, ng i >> the supreme court is going to hear a case tomorrow that could affect jack smith's case against trump. this is why we need former federal prosecutors to break it down. katie, can also affect the hundreds of january 6 defe defendants. the appeal by january 6 defendant joseph fisher says the government has to toss this out is incorrectly using and expanding the enron error law scope. it was a massive corporate accounting scandal, how is this at play. >> i think that they have a very good argument essentially the statute that president trump and many of the january 6 defendants were charged under is an obstruction statue that was intended for use for what they call evidence impairment so when people destroy documents and leading up to proceedings the d.c. circuit of the trial court dismissal initially agreed that the statute has never before been used in the context that it was used for trump's prosecution and all of the other defendants. now the supreme court is goin

allegations hush money was passed off as a business expense.el l katie cherkasky, elliott the first ofuld be an active docket for the president next on "sunday night in america." ♪ ♪ ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. ♪ ♪ >> welcome to fox news live, ashley strohmier in new york and jury selection to begin hours from now and former president drums hush money trial. he is accused of falsifying records to hide the true nature of payments to former lawyer europe you're the lawyer paid off an adult film star to keep alleged affair with trump quiet. this is the first terminal trial ever for former president and expected to last 6-8 weeks. trump plans to take the stand. m near you nor new york two officers killed in a shoot-out sunday ni

let's bring in and drew cherkasky former federal prosecutor. as it gets underway today they'll start with the defense team continuing to cross-examine david pecker. from your perspective, what should president trump be watching for and listening for as he tries to stay warm in the freezing cold room? >> i think it was a very good day for him yesterday both at the supreme court. also in trial. the cross examination of mr. pecker started yesterday and what was exposed is the idea that mr. pecker and the newspaper were collecting stories not just for political figures but celebrities across the nation. the idea that mr. trump wasn't necessarily looking for the extortionist type stories come out against him from stormy daniels and others for the purpose of influencing the election but to protect his own integrity and his image in the public. that's a wide image. a celebrity image he was like the others mentioned through the course of cross examination. there will be more exposure of other things that mr. pecker, other cases, other people that mr. p

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. >> sandra: john yoo and katie cherkasky, appreciate you joining us throughout the hour. does it for us and a 7 of the new york versus trump trial. we will keep watching it and covering it. thanks for joining us today. breathing catch me, me and john roberts, 1:00 p.m. eastern "america reports," for now keep it right here for "the five." ♪ ♪

. >> sandra: john yoo and katie cherkasky, appreciate you joining us throughout the hour. all right, that does it for us and a 7 of the new york versus trump trial. we will keep watching it and covering it. thanks for joining us today. breathing catch me, me and john roberts, 1:00 p.m. eastern "america reports," for now keep it right here for "the five." ♪ ♪ >> greg: hi, greg gutfeld on the judge jeanine pirro, harold ford jr., jesse watters, and she -- dana perino. "the five." ♪ ♪ >> today was breathtaking, in this room, you saw what was going on. it was breathtaking. and amazing just to open your eyes. we cannot let this continue to happen to our country. your supreme court had a monumental hearing on immunity. i heard the meeting was quite amazing. quite amazing. and the justices were on their game. presidential immunity is imperative or you practically won't have a country anymore. >> greg: donald trump unleashing on the dueling democrat lawfare show trials against him in a manhattan courtroom, the hush money one paying out with a fellow named pecker on the stand and i