hold it against the defendant for not testifying in his own defense the judge, though, has push back on the defense's efforts to add more language to the jury instructions that would be more favorable to 100, for instance, the idea that he would he didn't knowingly violate the law, which is something that defense is really all about. >> and they also wanted to they also want to make the argument that hunter biden did not think he was addicted to drugs when he bought that gun? >> in october of 2018? that's the reason why we're here and why hunter is facing these three federal charges that could send him to prison if he is convicted, but it's you pointed out, we could very much have this case in hands of the jury today if a hunter biden does not testify and john, i mean, the fact that we're here we had about ten witnesses. i think i was to ten witnesses or four-and-a-half days of testimony on the part of the by the prosecution's this case really is what the jury is going to be considering after all of that, i appreciate you giving us sort of the real-time description of what's going on inside the courtroom. >> because the attorneys are just having these discussions with the judge, right now. can you a little us a little bit more about the jury instructions that abbe lowell did want, but didn't get for the defense here and it does have to do with what is their main argument they are making the case at hunter biden did not think when he signed the documents that he was addicted to drugs, write that right john this has been really the focus of the defense. they have tried their best to point out to the jury what the prosecution has brought on so far does not show that a hunter biden was was doing drugs in october in the month of october of 2018? today, you have text messages, you have testimony from september of 2018 in november of 2018. and so that's what they're trying to focus on and what what what hello was trying to do was to make this more clear in the instructions of the jury is going to get the form that they're going to fill out when they when they vote on guilty or not guilty the judge pointed out that the instructions that they're going to get when they when they get read out to them, will have the word knowing in there. so that's the reason why she said it was not necessary to put this to put this more fully in the form that the jurors were get. so low has not one very many of these arguments with the judge. so it's not a surprise that that he didn't get his way, but for the prosecution's point of view, they believe that what the law simply says is that he was using the drugs, using drugs around the time that he bought the gun. and so that's where they are going to focus there argument when we get to that this morning, jon. >> alright. evan perez, keep us up to speed, let us know when the jury is back in the roman. frankly, what happens next inside there. thank you so much. >> absolutely with us now as former prosecutor jeremy saland for more on this. >> all right. let's talk about jury instructions because i think that's really interesting in a second, but first, just your initial reaction to all indications. now pointing to a hunter biden not taking the stand. >> i mean, shocks and nobody who's an attorney and for that matter, probably many people in the public you want to testify because you think that's the best evidence and have very well may be, but there's so much impeachment material. there's so many things to confront him on, not just where other people have said, but his own word is own actions evidence is really strong against them, so it's a smart move, but i'm sure he wants to say i wasn't using drugs then i was not addicted. >> that's how i was going to ask what risk outweighed the benefit here in the end, do you think for with regard to him taking this lowell is trying to make the argument we just heard that at that moment he was not addicted and he didn't believe he was addicted he was cleaned during that time and you heard from his daughter that he was doing well even though she was impeached as well. but if you get up there and all of a sudden you open that door and you're going to be asked, wasn't treated this and then there's this and then there's the image and there's the book, and there's the residue from the cocaine and crack cocaine and there's a crack pipe there's so much that they're going to build and build and build. and before you know it, your credibility is shot and right now, if we believe what we have read that you had one juror, for example, who was crying an in tears, there's a real opportunity potentially. at a notification or maybe hanging someone, you get in there and you lie it's not good. >> that's a great point. so let's now get into this discussion that is happening kind of argument in court right now regarding jury instructions, we know especially from very recent past jury instructions, the language of the jury instruction is so important to how things proceed when they go behind closed doors abbe lowell hunters, attorney, agreeing to allow the judge to give an instruction to the jury that they shouldn't hold it against him, that he did not he did not testify in that case, but then this discussion about what additional language or not can be will be added with regard to the instructions. why does this matter so much? >> well, it shouldn't be should it should be kant. he has a right to testify, doesn't have to testify, and you should not take an assumption or presumption one way or another. that's so critical because you cannot use your lack of words against you. that's not fair. no one should be judged that way in the law, in the constitution says that. so that's number one. number two, i almost forgot the question but with regards to their fighting now over what additional language in your instructions with regard as evan says, the judge's already said that the word knowing is going to be in the instruction, but abbe lowell is pushing for there to break because he is hanging. >> lowell is hanging his hat that at the time when he meeting biden hunter biden was filling out that form. he wasn't knowingly an addict. he wasn't knowingly and abuse preserve drugs. and if he was cleaned during that time and you've heard evidence from moments before and maybe moments after, but during that moment in time, he was sober and he knew and believed he wasn't didn't believe he was violating the law. that is so critical. that's that goes to the heart of their case. that is really that the depth of their case believe me when i say he did not know when this made me wonder when it comes to closing arguments. you can lean on a lot in terms of thematically and your closing. but for the defense, do lean on the lack of pinpointing him being on drugs at that moment with the jury or do you lean on more of the emotion that we have seen come out and the relate ability. >> they're not mutually exclusive. you can absolutely. you should lean on the fact that the evidence corroborates that he was doing drugs or addicted potentially trump is very vague. vague, but he was addicted to drugs at time a, b, and we'll say that the big gun possession and purchase was times c and maybe at time d, but a times c at that moment it wasn't. and even if even if you may believe he was this is a common problem that we all have to deal with them, families, and friends and people we love addiction is scary and frightening. and you lean on that too to paint that whole picture. >> what you're kind of pointing to this, the likelihood of a hung jury in this case is what do you think? >> i can't give you a certainly a number of really work that way, but it's much when we were talking about potential to hang during the trump case, there's no emotional component. there may have been a pleasure political component there, but there was no emotional. it didn't talk at your heartstrings and say, i know somebody who falsified records and they were really, really sad and terrible look i say, clutching cultural change. what you can say, i know somebody who had a horrible addiction and there are good, they're good people and a good person and it's disease may made really bad mistakes, but should they be held accountable and perpetuity for it? no. >> and that's the kind of thing that you would pull onto? >> that's really interesting. i'm really curious as to how this all plays out. it's great to see you, jeremy. thank you so much. john wright this morning, donald trump will do something. >> no former president has ever done before. meet with his probation officer. this is all part of the process ahead of his sentencing next month soon as britain june grass is here. >> how is this process work? >> how is it going to work? brin yeah. >> john, like you just said, this is all part of the process. now, listen, it's customary after a guilty verdict, or if someone pleads guilty to go through this process shortly after that court proceeding, which of course, that happened in donald trump's world, just a couple of weeks ago. now, what's next? at customary as you've just pointed out, is we're talking about the former president and head republican nominee being on the other end of this conversation with a probation officer, he'll also be in mar-a-lago in florida. typically any person that has pled guilty or is guilty of a crime has to actually come down to the courthouse just where he had his trial and meet with probation officer face-to-face. but this is going to happen over a virtual appointments with this probation officer, his attorney is also going to be present for at todd blanche, and that's not typical as well, but this, again, is customary. these are the questions that the probation officer is going to ask the former president to run right up a report and give that report to the judge, judge juan merchan, ahead of the sentencing and asks things about the background, about the former president's criminal history, his use of drugs, alcohol. also, there may be a question in there from the probation officer asking what the former president believes his sentencing should be, should it be lenient, should not be lenient. i mean they get to have that choice to say their own feelings about it too. so it could get quite interesting in this one-on-one conversation. and again, like i said, this is a report that's going to be filled out, given to the probation, are given to the judge rather, and it's just gonna be one factor that is part of the whole sentencing package that this judge can decide. remember, he is facing community 30 service up to possibly four years in prison for the guilty convictions that he just faced and that sentencing is set for july 11, but that meeting today with probation officer again happening over the computer or virtual appointment sometime today? >> wonder how we would answer the question. what sentence do you think? >> good receive that could be an interesting what 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families donald trump also went on to slam president biden's new executive action at the southern border. and according to new cnn reporting, biden is considering a second move on immigration. this one good protect some undocumented spouses of american citizens from deportation. cnn's arlette saenz is at the white house for us with more on this. what are you learning about this possible? next move on. immigration and why president biden is doing it will sources have told cnn that the biden administration is considering a potential proposal so that would extend legal status to undocumented immigrants who are married to us citizens. >> officials are taking a look at an existing authority called parole in place, which essentially would shield undocumented immigrants who have us citizens as spouses from deportation and allow them to work in the country illegally while they pursue citizens sonship, it's estimated that this could impact anywhere from 750,000, 800,000 individuals. and it's a move that could appeal to latino voters states like arizona, nevada, and georgia. but at the same time, the administration is not just trying to shore up support among latino voters, but also progressives and immigration advocates who have grown quite frustrated with president biden's recent executive action, trying to clamp down on border crossings just last week, the president announced some measures that essentially shuts off the asylum process for migrants coming to the country illegally when to seek asylum once a certain threshold is met, that was a move that was really condemned by many progressive democrats who said that it is similar two policies invoked during the trump administration. and then there are groups like the aclu who are threatening to sue the administration to try to stop that plan from going it has gone into effect but really tried to halt it in its place. you've had over the weekend homeland security secretary alejandro mayorkas, defend the policy, pushing back on groups like the aclu, but oh, comes as president biden has been trying to show that he's taking action when it comes to immigration and border security. that is an issue that is really risen on the list of concerns for voters heading into november's election. but at the same time, we have both biden and trump trying to appeal to latino voters in key swing states. it comes as you have seen this narrowing in support between biden and trump is specifically on this issue of latino voters. if you take a look at a recent poll from them, the new york times and sienna college college, it found that the two men were nearly even with hispanic voters. that's a much shrinking of that margin compared to back in 2020. so both biden and trump i have been trying to make inroads with latino voters, especially in those critical bag battleground states like arizona and nevada, the biden campaign has really tried to paint, try pump as anti-immigrant over the weekend, they slammed the fact that he appeared with maricopa county sheriff or former maricopa county sheriff, joe our pio, who has really had some hardline immigration tactics. all of this coming as both men are trying to vie for that important latino vote, which could be critical for both of them in key swing states heading into november let thank you so much. john. >> all right. this morning, politico is reporting the vice president, kamala harris, is sizing up for potential competition. she made new comments about donald trump's possible running mix, focusing on their abortion record saying, quote, everyone on that list has supported a trump abortion ban in their state or as called for a national ban. in fact, many voted this week in the senate against the right to contraception. that's how far down the road they are with me this morning, republicans rogers, doug hi, democratic strategists simon rosenberg, simon first you that was the vice president volunteering. her opinion on these possible candidates and going right to the issue of