phil holloway, former assistant district attorney. we'll begin with you, phil. everybody plays here. phil, i'll go to you. talk to me about the time this is taking. is it significant? we're all watching it. an hour and 12 minutes since proceedings reportedly began. we don't have cameras in there. as this ticks away what are some of the things that may be critical for that judge to be looking at. >> great to be with you. this is taking quite a long time. federal courts are notorious for starting on time and being very efficient. that being said, the judge is driving this train. there are other issues, as we've been talking about. she needs to perhaps get to the bottom of the question about whether or not one of the lawyers for the defense team misrepresented themselves when dealing with the clerk yesterday. maybe that issue has been resolved quickly, maybe not. maybe she is hearing testimony from the clerks. who knows what she is doing with that issue? she may want to get that out of the way. she has got to formally make sure the defendant, we call them the right

phil holloway criminal defense attorney and former assistant district attorney and former police officernd was legal advisor to sheriff eva's department in georgia. phil, great to have you in focus. quickly on this point. we focus on this because obviously the land, the property and also the employer of the deceased is a former president of the united states, barack obama. just your top line thoughts on what you are learning. this is very early in the investigation. >> great to be with you as always, harris. the fact that this happened so near to the residence of a former president obviously elevates it in terms of news and public interest in the case. that being said, i have not seen or heard anything reported that would suggest that there was any kind of foul play and that this was simply a tragic accident. now that being said, until police can rule everything out, they have to treat it as if it were a homicide. that means they will be doing a full autopsy. medical, legal autopsy. this will answer the question about whether or not he could swim. that question was that just raised in th

we expect to hear more detailed accusations and former assistant district attorney phil holloway has his analysis of what really happened over hunter's plea. versus go to lucas tomlinson who is live in washington with the very latest on all of this, lucas? >> good afternoon eric pretending morning futures this morning, maria exclusively obtained a letter from the justice department one day before devon archer hunter's business partner of the burisma outlining what james comer says is intimidation of his witness for the justice department wants archer to surrender to be put in prison as soon as possible potentially derailing his appearance before commerce oversight committee tomorrow in the closed-door session. >> a letter from the department of justice trying to nudge the judge to go ahead and sentence devon archer for something unrelated to what we are going to be talking to him about tomorrow. it is all that it was issued on a saturday its audit it is right before he is scheduled to come in to have an opportunity to speak in front of the house oversight committee and tell the ameri

bring in phil holloway. we learned so much in the last hour and a half, it has been two hours and 15 minutes, we hope this will resume after a break. what exposure does hunter biden have at this point? >> great to be with you again. as of right now, there is no deal and the big question is-- so in order to avoid that legal quagmire and predickasm, the judge said put brakes on it. defense wanted this to go through and wanted double jeopardy to be able to bar future prosecution, but because court asked those questions and judges are prone to do that, we're back to the drawing table now. >> harris: look, griff jenkins come out of the courtroom, talking with our producer, we want to wait for his reporting. what kind of deal would they be grappling for right now? griff had said possibly go to trial. i imagine hunter biden people want that like nobody's trial to never happen. is there a limitation they can put on the plea? what could be happening? what is on the table? >> they can negotiate on charging document, i

one other thing i will say and has to do with something phil holloway told me, what crime was she planningcommit? she was googling how to break into a cash register. just for concern for wider public, that statement tells us, they are expecting charges out of this. >> emily: i'm grateful you bringing up how this takes away from those who need our exposure and help. i had on my podcast maura murray's sister, that family has been looking for maura for 20 years desperately trying to maintain that attention so they can get closure in this case. this distractses and takes away from lesources and attention. cassie? >> cassie: would i stop for this toddler on the side of the road. oh, my gosh, this woman, a good samaritan. everybody was drawn into the goodness gone wrong initially and you start thinking about, we've talked about "sound of freedom" on this show and channel and the child trafficking and just as you said, larger issue of children, humans going missing and resources needed to find them. how much people will say, will turn a blind eye and ignore that call for help because this stands

attorney phil holloway with this. >> it might be unconstitutional to tell an adult that they can't permanentlytalking about children, minors, i think it's probably not unconstitutional in light of all of the other ways states can regulate minors differently than states can regulate adults. >> harris: you might have guessed the aclu doesn't like a ruling. a statement. an excerpt from it. this ruling is beyond disappointing and heartbreaking development. tennessee now joins 17 other states with bans or restrictions on trans care for minors. on the books. charlie, outkick post is with me now. charlie, great to see you. first of all, your take on how this is shaking out now, 17 other states and tennessee. >> harris, i have think it is such great news. the idea of being able to chemically castrate or surgically mutilate is child is obscene and banned everywhere. you probably remember when you were a child it was confusion every day. you woke up not realizing what life was going to be for you, what you wanted it to be for you and to introduce the idea of gender i den tee makes it more confusing. sin