♪ >> lawrence: buckle up, the gang is back together, 7:00 a.m. on the east coast and it's wednesday, may the 29th, and this is "fox & friends." >> the presumed democratic ticket heads to pennsylvania to launch black voters for president biden and vice president harris while charlamagne tha god tells me their message is uninspiring. >> i don't want to hear about the problems. i want to hear from you, the solutions. i would have talked with them, not to them. i want to have a conversation with them. and i want to see what they're really frustrated about. >> ainsley: he was talking about the morehouse commencement speech. plus, fox news alert. it all comes down to this. trump's judgment looms as the jury expected to begin deliberating just hours from now. so what happens if trump is convicted? could he really face jail time? trey gowdy joins us from outside of the courthouse straight ahead. >> steve: all right. and judge judy dropping the gavel on gen z's workplace behavior. >> a bunch of kids entering the workforce that say "i don't like to work past 4:00." you want to be successful in what you do, you are supposed to be first in the morning and close up shop. some people notice that. >> steve: somebody. >> lawrence: more from the judge later. the second hour of "fox & friends" starts right now. and, remember, mornings are better with friends. >> brian: meanwhile, this. vipresident biden and vice president harris heading to pennsylvania to launch a new initiative again to appeal to black voters. >> steve: this move comes a day after the biden campaign sent t deniro to talk to the press outside of trump's trial. >> trump, this kind of government will perish from the earth. i don't mean to scare you -- no, no, wait. maybe do i mean to scare you. if he gets, in i can tell you right now, he will never leave. you are gangsters. >> you are washed up. >> [bleep] you. >> brian: and you are washed up. [laughter] and soft. >> ainsley: today jurors are set to begin deliberations as the historic criminal trial draws towards a close. the former president's fate is about to be in the hands of those 12 new yorkers. >> lawrence: eric shawn is outside the new york state supreme court, eric? >> eric: good morning lawrence and guys. well, it could be the most posh thing that the jurors ever hear. the jury instructions. that is what judge juan merchan explains the law to them, what they can use the guidelines, when they start the deliberations, those deliberations expected to start later this morning. judge merchan will take about an hour or so to explain the jury instructions. and then the jurors will start to consider the testimony. they heard more than 20 witnesses, had more than 250 pieces of evidence. none perhaps more important than what they heard from michael cohen. cohen, the star witness, has had his credibility shredded by trump lawyer todd blanche. blanche called cohen the mvp of liars and told the jury he even lied to them. but prosecutor joshua steinglass said cohen's claims are backed up by other witnesses in what he called a, quote, mountain of evidence against trump. he told the jury, quote: the conspiracy to unlawfully influence the 2016 elections you don't need michael cohen to prove one bit. the name of the game was concealment and all roads lead inexsplikably to the man who benefited the most, the defendant, former president donald j. trump. he pointed to two documents that he called the smoking guns in this case that proved trump's guilt. he said they were cohen's bank statement and a memo on trump letterhead where trump cfo wisenburg blurted the numbers to cohen that trump paid him to reimburse him. and in an indication of the pending verdict, whatever it will be and whenever it comes this morning new york state court officers added extra barriers and security measures in front of this courthouse there is an air of anticipation and exception this morning. elise stefanik filed a complaint with the new york state court system over judge merchan claiming he has a conflict of interest. merchan donated to the biden campaign in 2016. he gave $15 to the campaign. and as you may know his daughter works for chicago political consulting firm that advises many prominent democrats, including the biden-harris campaign. so she has that complaint and meanwhile the state committee, on judicial ethics has already cleared judge merchan of any conflict saying in their view that he has no conflict of interest. and the judge has refused to recuse himself from this case. back to you in the studio. >> steve: hey, eric, if any oscar winners drop by to have impromptu news conference. let us know, okay? >> eric: yeah, we will do that. >> steve: no kidding. >> brian: al pacino wouldn't show up, right? >> steve: it would be a lot of cameras. >> brian: robert sheehan, didn't he do dog noon new york city? >> steve: bank robbery. it was a very complicated personal dynamic as i recall. >> brian: yes, i heard about that. >> ainsley: it's interesting, the biden campaign sent him down to the courthouse. >> steve: because there were cameras not because there was a trial. >> ainsley: donald trump is getting all this attention we need to get attention, too. there is this article in the "the washington post." it's questioning if trump is convicted what happens to him. >> brian: that is the key. this is the biggest question. >> ainsley: punishable by 1 months to four years. the question is would he go to prison in the legal experts say probably not. that's unlikely. if he did, secret service has to protect him for the rest of his life because he was a sitting president. and the question is would they allow him, if it's home confinement, could he continue to campaign? >> brian: how can he if you are on home confinement? >> lawrence: i think the whole idea that we are having this conversation when it comes to the former president for even if you say he is guilty, let's say you are that one in a million person that says that the prosecution came up with a crime here. >> ainsley: even though there is no evidence. >> lawrence: let's roll with it for a second. you have got people that are carjacking people in this city. pushing people in the subway. and they are back on the street. so, how can you justify putting the former president in prison for 40 years when you have a city that is in utter chaos? that was most interesting thing that the actor said yesterday is that donald trump is going to break this city. excuse me? the city is already broken. >> ainsley: illegal immigrants flipping off the cameras when they get back out on the street after beating up cops. >> brian: let's look at the scenario. number one the judge sentencing. i understand the judge could turn around '4 counts, right? he could -- they could say we find he is guilty on x amount of counts, too. he doesn't say 30 of 34. two of 34. and then the judge has got to take that in and he has got to decide on sentencing. it's not going to be in 30 days. he could decide right there if he wanted. and then what's he looking at? they say a class e felony, punishable by 60 months four years in prison. fine. he is 77 years old without any priors. would would he be possibly. >> lawrence: for each count. >> brian: up to 20 years. how could he possibly be looking at prison if precedent means anything here especially when you are still trying to figure out the unprecedented charges against a former president. >> steve: right. so, ultimately, is he going to decide if he is found go ahead, probation or up to four years for this particular case? >> so. >> brian: or house arrest. >> steve: or house arrest. right. probation, house arrest, stuff like that. the worst thing actually for donald trump would be house arrest. because he wouldn't be able to go out and about. and. >> ainsley: he wouldn't either if he were in prison. >> steve: that's absolutely true. nobody really thinks is he going to wind up in prison. even though we have heard that apparently the secret service has gone through the motions about, you know, what would happen if he did wind up incarcerated? it would just be a very complicated situation for everybody. >> lawrence: steve, i would agree with you if we had standard operating procedure here. there's been -- people that voted for joe biden that are in the courtroom saying this judge strike zone is way out of bounds. so, we don't know what is he gonna do. it's all in his hands. >> brian: go ahead. >> ainsley: mayor eric adams he said city's rikers island jail complex and the department of corrections were prepared if trump were offered to serve time. >> brian: second stent ridiculous. is he actually older. if he does house arrest, can you imagine that? stay at home and go what joe biden did last time. actually campaign from his basement. and what is donald trump's greatest asset? 100,000 wildwood, new jersey. 20,000 in the south bronx. is he in front of people. that's where he excels. that's where they get their mailing list. that's where they find out hot voters are that's how they find out get other voters. >> ainsley: it could help him, brian, is he actually more popular, raised more money in april after all of this started. after the trial started than joe biden did. and if america sees that they are trying to keep a presidential candidate, their there are only two, and one of them has to a, be in a courtroom for six weeks and then right after that, has to be in home confinement? lawrence not right. >> steve: if is he convicted, i think his popularity goes up. >> ainsley: i do, too. >> steve: he is has defied political gravity over the last year. and if is he convicted, he has made a very effective argument about two tiers of justice. >> ainsley: what did he do wrong though? what did he do wrong? an nda is not illegal. paying someone to keep quiet if they agree is not illegal. >> steve: it's up to these men and women. >> ainsley: for the national inquirer to not run a story that's not illegal. >> brian: what you should be focusing on is the undecideds and independents and moderates. how many of them even if it's 5% that say i won't to vote for anyone who is a felon. what they plan on doing at the white house, is introducing donald trump as convicted felon, former president donald trump. and you know "the washington post" and "new york times" would do the same and politico would do the same exact thing. do you know that's going to come up in the debated in june? you are a convicted felon. don't tell me about the case you are a convicted felon. they are going to be doing that so that is going to be one thing to think about. not so much the 100,000 that showed up in wildwood, new jersey or the robert deniros of the world. but the people in between. >> lawrence: it's obvious that the administration is in panic. jacqui heinrich in philadelphia where president biden and vice president harris will be today with the new plan to attract black voters. the question is will it work, jacqui? >> jacqui: yeah, good morning to you guys. you know, the campaign always shrugs off the polls except for maybe this one as biden-harris campaign is bringing both the president and the vice president to swing state pennsylvania today to launch black voters for biden. it comes at a time when trump is getting 23% support among black registered voters in a fox news poll. that is up from 8% in 2020. if it doesn't sound like a lot. look at it this way. in 2020 biden won about 91% of the black vote, according to a fox voter analysis. that's down today to 74%. so the campaign is going to talk about investing in black student organizations, community groups and faith centers across the country saying the administration delivered on a number of areas and also that these same voters will be critical to defeating trump's racist and toxic agenda at the ballot box again. this might be more expensive if the administration gets its way on a new climate policy. looking to require that new homes are built efficient heating and cooling systems. while it could save on greenhouse gas emissions it could add $7,200 to the average purchase price at a time when prices just to buy a home or sky high. the average cost for a new home was just under half a million dollars last year. they are also revamping school buses we have learned. spending $900 million on 3400 clean school buses. this comes at a time when the country is seeing a 15% drop in bus drivers. 15% since 2019. put it in context about 120 -- or 192,000 drivers that the country is down. but maybe, if they have clean new efficient buses, they will come back to work. at least that's the administration on this one, guys. >> brian: wow, got to stay local and going over to delaware right after. jacqui, thanks so much. >> ainsley: turning our buss into electric vehicles. and then the home builders are opposing this greener home policy. they are saying that the cost will increase the homes. >> steve: $7,000. >> ainsley: deter buyers with today's interest rates and real estate insurance has gone up dramatically. >> lawrence: i don't understand how this is going to help black families since they plan on this outreach. something that's going to increase the cost of the houses. how -- and the cars as well. how is that going to make it better? >> steve: what they're trying to do they are trying to appeal to the young voters. >> ainsley: young voters won't be able to afford a house. >> steve: they don't have to buy a house. they are living in their parent's basement. >> brian: get the homeless to put solar panels on the side of their lien to. that he don't care enough about the environment. >> on the tent. >> brian: hope people wise up before it's too late. one thing about the black vote. 23% right now is in the trump camp roughly it. must be worse internally. second straight week of going after the black voted massively as the president is doing today. so i ask charlamagne tha god about why he voted for the ticket last time. he said it was vice president harris. i know her. and i asked him what do you think so far? here's what he said. >> a million times vice president kamala harris should be coming on fox like they are afraid of fox, right? so my whole thing is go fox. have conversations with, you know, the personalities on fox. and talk to the fox audience. misconstrue what somebody is saying when you are actually watching them say it. >> brian: understood, too. you knew kamala harris before she was vice president. you had great hope for her and that is one of the reasons you supported biden-harris ticket the last time. >> she was the refinery. >> brian: she was the reason? >> yeah. >> brian: what happened? >> she is handcuffed a lot by this administration. >> brian: why do you think that? why do you think she is handcuffed? >> because i know her and i know what she stands for. and i know, you know, the things that she wants to do that she may not necessarily be in a position to do because she doesn't want to overstep the president. >> steve: you know, i think he is absolutely right. because, during the campaign in 2020, she was outs and about many -- she would talk to fox all the time. whenever our correspondent out in the field would see her go up to her, she would talk to him. but that is when she was still just one of the 20 people running. as soon as she became the nominee, vice president nominee, they put a lid on it. and she stopped talking because they want to control her message. >> lawrence: here's the problem. it's not like she is just some innocent stand by -- somebody that's on the sideline. every single big task, the administration puts her in charge of. and so she has the opportunity. >> steve: somebody has got to take the blame. >> lawrence: every time she opens up her mouth, she embarrasses herself. look, curly, there is always some great respect for the first. all right? so she is the first black woman ever to have the office. the difference between her and president barack obama, even when black votes would have criticisms about policies is that he has sharp. he had swagger. he was able to present ideas. you put her out there to sell things she makes it worse. so i think, you know, it's very convenient to say hey, look, i think she is being handcuffed. but they have given her the opportunity she has had 3 or 4 campaign reboots. >> ainsley: i want to know who is handcuffing her and who is running the white house? if joe biden is not allowed to speak and she truly is handcuffed, aren't they the top dogs? aren't they the leaders? imagine you're company, the head of your company, the person who owns it and maybe the ceo or the vice president of your company, and they're not allowed to run the company? it doesn't make any sense. >> brian: that's a great point. my theory is she has lost all her confidence. she does not feel as though she comes off. she reads all the criticism. she has had opportunity. forearm she comes outside deli goes shopping for a bagel. there is controversy in gaza. they ask her what's going on in gaza. how much does it take to look at the camera the tragedy took place in gaza. we should realize how this whole thing started and nobody at the white house would go how dare you talk on camera. i think it's because she does not feel conversant in anything because she doesn't study. she didn't study at the debates, remember that? >> lawrence: her own staff, which the majority of them have quit, said the same exact thing. and by the way, remember, this was a lay up for her. the whole plan if you talk. >> supposed to be the president. >> lawrence: supposed to be the 389. he was supposed to do one turner, shoo-in. her approval rating was lower than joe biden. so don't give me she was hand cuffed, it was a lay up for her. >> brian: my sense is he did talk to her. that's his opinion. brian. >> ainsley: maybe that's what she is saying to him. look at his policies, we are voting for policies at this point. >> steve: ultimately trying to control the message. in the meantime talk a little bit about this. remember the story hunter biden had a baby with that woman. >> brian: london? >> steve: lunden roberts; she has written a new book and going to come out at the time of the dnc. >> brian: perfect timing. >> steve: out of the shadows. my life inside the wild world of hunter biden. the press release says the memoir contains revelations that could impact the outcome of the 2024 election. and the publisher apparently is somebody who is aligned with robert f. kennedy jr. >> ainsley: no wonder the biden administration is freaking out one of the other opponents, r.f.k. jr. his super pac is run by this guy who owns sky horse publishing. and he has agreed to publish her book during the dnc. >> lawrence: well at least his political opponent is allowing them to do a true story and not russian disinformation. we already know that he wasn't claiming navy. the administration had to be shamed into acknowledging their granddaughter. >> ainsley: had to get a d.n.a. test done. >> steve: for years. >> lawrence: this young lady knows that her grandfather is the president of the united states. she is aware of it. the poor girl doesn't have secret service protection. all the rest of the grandkids are surrounded by secret service. that shows you mr. compassion and chief how much he thinks of her and i think it's pretty sad. >> steve: she didn't get the stocking on the chimney at christmastime. >> ainsley: recognize that child as your grandchild. >> steve: book is coming out. >> brian: this is the question peter brought up yesterday to kjp and she really embraced it. listen. >> memoir coming out lunden roberts the book is about protecting the unacknowledged grandchild of the sitting president of the united states. do you know if president biden has met that grandchild yet? >> i don't have anything to share. >> lawrence: that is so embarrassing. how do you not know? you don't hav