♪ to keep new music, graphics, and brian is on the couch. >> brian: i went to the cuts and said where is everybody. >> it is 8:00 a.m. this is "fox & friends", but we have a fox news alert rate it all comes down to this. trumps judgment looms as the jury expected to deliberate or begin deliberating this morning. what happens if trump is convicted? could he really face jail time? it comes down to 12 opinions sean hannity joins us this hour. >> the choice between? cowards and the house, that's how charlamagne tha god feels about the election. >> it's about the republicans i the crooks, the democrats are the cowards and that counts, which is voting apathy. i think the coach will probably win. >> brian: the dirtiest in america, that's a real superlative and we are going to take the winter. >> ainsley: who once wants that superlative? pay for the final hour of fox i friends begins right now. this is the day, buckle up hardware awaiting the departure from trump tower is historic criminal trial draws toward close page. >> president trump: >> brian: there are about to be in the hands of 12 new yorkers, seven men in nine women . >> ainsley: we are live outside the new york supreme court world deliberations will soon get underway. eric? >> good morning everyone. in our legal system you're allowed to be judged by a jury of your peers, but donald trump will find that first and later on this morning. right now, anticipation in the anticipation is just building here at the court this morning. this morning, the new york stat court officer started to add more little barriers on the street in front of the courthouse for it it's a double layer of security for supporter or when protesters arrived when the judgment come spread the legal guidelines they must use and the deliberations, that wil take about an hour bird than th jurors will get the case and retire to the jury room for the deliberations. trumps lawyers asked that payin stormy daniels that nda, and nondisclosure agreement is not illegal. prosecutors objected to that, s they will not include that and his instructions. the defense also wanted the jur to be told the trump was relyin on the advice of his lawyer whe he wrote those checks, but the judge blocked that because he said during the trial, trumps lawyers did not use that as a defense. the jurors heard and earful about tobin from blanche. he called mcleod, the greatest layer of all time and the npp o virus. he said as the only witness who directly links trump to the alleged scheme to pay off storm daniels. prosecutor during his marathon closing said the story is backe up by witnesses and documents that he says prove trump is guilty. he said quote this game cooked up by these men at this time could very well but what got president trump elected bird this was an overt election frau and a conspiracy to promote mr. trumps election by means. we make it an indication in som ideas of what they're thinking page you can get that from the testimony feedbacks they ask for , who they want figure again, what type of evidence they want to see again back in the jury room, of course that will all start once they get the case itself, that is expected later on today about 12:00 o'clock, noon, 11:00 o'clock eastern. the jury finally getting that case on the judgment of the former president of the united states. back to you. >> steve: in addition to the read backs, where the jury can ask for this death they can als send a note and say jury instructions you said this, and then they would ask for clarification from the judge? >> it they can do that. it is kind of fascinating power dynamic in trials. the judge seems to be the juror always look at the judge is the boss and they rely on the judge. it takes them about 20 minutes think they get in there, and they realize that they are the boss, they are running the show. for the first time they are in charge and they will be in charge and that sense as they deliberate the fate of the former president. we will see what type we get what type of feedbacks we get, what type of testimony in questions they have. that could give us an indicatio of where they're going. >> thank you, eric. will this be as big as we watch the o.j. simpson. everyone is going to be watching . >> lawrence: you have the jury going back and forth to the judge. in most cases is you don't have to attorneys in there. they are going to i assume we o the two lawyers for what is legal, what clarification, what instructions our right and what's wrong. >> brian: they are eyeing when which appeared to be nodding along with the defense in throughout the trial of 20 to days in lit up when jd vance walked in the room and the othe high-profile republicans, so that's all you need. i am stuck with this jonathan tracing that state from what he observed last night as outrageous and partisan as the judge's been acting, he says he does not think an acquittal is happening, but he thinks a hung jury is a possibility. >> ainsley: he would be acquitted, if one jurors said i am on trumps side, then he woul be acquitted. of one juror or all of them say all it takes is one, says i don't know, i can't make up my mind, that is called a hung jury . >> steve: hung jury, the judge is going to say they have to al be on the same page and if there's one person, then it's a hung jury. >> lawrence: if you're the former president, the longer th better. >> steve: once the jury gets the instructions in goes into the jury room, some have suggested it could take hours, it could take days, it could take weeks. what about your point if he is convicted? jail is unlikely because he has no criminal record, but he coul wind up with probation. which makes campaigning for president really hard,. >> brian: prorations no problem you just do community service. >> ainsley: not necessarily. you may not be able too. every analyst on fox news last night was a min ever saw anything like this with the judge was allowing the prosecution to say things that weren't. >> and rebuke the defense. >> if he is so anti- trump, is there a chance that he might sa i'm throwing him in jail? he's the one that decides the punishment. >> steve: if he does send the former president to jail, trey gowdy told us about 50 minutes ago that that could actually be good for donald trump's numbers. >> this pro- prosecution, i wis i'd had something like this whe i was in the courtroom. i think even, people who are no ardent donald trump supporters are wondering what are we doing here on a six -year-old case that was passed on by the southern district of new york. i think it would actually help. i hate to say going to prison would help someone, it usually doesn't, but it would actually help them because it kinda feed the narrative that he is being targeted by our judicial system. >> lawrence: it 100 percent feeds that narrative. also promote the biting campaign , they said they had no involvement in this. zero involvement. even though the number three person and the department of justice took its emotion to com to manhattan to prosecute this case at the department of justice and the ftc said there is no case here, they hosted a press conference yesterday with robert de niro and why it's important is because they waite until the closing arguments to go across the street from the courtroom in this is what rober de niro had to say about a second term of donald trump. >> trump this kind of governmen will perish from the earth. i don't mean to scare you, no, wait, maybe i do mean to scare you. if he gets in, i can tell you right now, he will never leave. [crowd noise] >> uc when he probably thinks they leon, new york, i was in taxi driver. i wear a t-shirt a lot. and. a bunch of new york women. so i must own this place, but i totally went off the rails. how could he have not memorized that. every pill politicians, they come out and they speak this is what i saw in court, this is what i think he's got three pages of looseleaf sprayed heat never let the cops talk. >> ainsley: isn't he used to memorizing lines? >> maybe he just brainstem, he said let's go in there and do a guerrilla style press conference . and think more important than robert de niro is michael tyler. president biden's communication director. he started the whole thing. you can't say i didn't have his fingerprint on this, this is hi communication kuiper. >> ainsley: i couldn't understand what the protesters are saying and the protesters yells at him, you're washed up your right did hero says if you. he says europe softly, your great your movies suck. they are trash. >> you're trash. >> steve: you mentioned the communications guide. this is laughable, but the biting campaign says look, the reason dinero with those two capital policeman from january 6 , they were going to talk about essentially draw attention to donald trump's actions on january 6, that was what supposed to happen but things went off the rail. they said the reason they did the press conference yesterday was because they were all these cameras there and they were jus standing there so they figured you know what, let's take rober de niro outcome up one of america's greatest actors in have him show how much he hates donald trump. it went off the rails. >> lawrence: do you remember his press conference from when the stabbing victims happened and the air dear member when th bodega or an archive into it with impaired you member when the lady was pushed into this ugly subway. >> it's donald trump is going t ruin the city. >> brian: i have a chance to talk to popovich, one of the issues of the day, he doesn't like drum, he doesn't like bide either. here's what you said about this. >> i think the majority of americans are exhausted with american politics. these do candidates don't do anything, but suck the life out of everybody. people are drained. they are not energized by eithe one of these candidates. >> you said you'd rather talk about issues than politicians. you do not like your choices right now for this presidential race. >> look at the polls in america most of the americans don't lik our choices in this race. for months now, i've been sayin this election is here it's abou the republicans are the crooks the democrats are for cowards because they don't fight for anything and i think the couch will foot for apathy in will probably win. whose fault is that? it's not the people, it's a candidates. >> he doesn't like republicans running, he doesn't like donald trump, he doesn't like joe biden , does he like rfk jr.? >> he's intrigued by him, he also came and sat in the studio which is a big thing. the thing i like about him is h doesn't want to convince you to agree with impaired he likes conversation. that's why larry elder was in a few months ago. they had a big conversation. leary elders is extremely conservative. he held his way every step of the way. charlamagne tha god said i want everybody to be heard. >> he likes to get right to the point. also, he has seen small-town america and he seen one other issue he said people want thing done for them. they sit in a small time and they get angry when people get out of a small town. he said when he was growing up people were angry at him when h was studying. he had glasses, a backpack fann pack and used to get made fun o all the time pretty said he was accused of acting white. his cousins in also when he goe back to his hometown, people ar mad at him, you're too big for us. that's interesting and small-town america he says people are angry at me because people don't want to take the risk of getting out of comfort. life should be getting out of your comforts on. it's about being an american an just reaching your potential. >> lawrence: having the conversation and i agree with him that the american people ar tired of politics as usual. i think you're going to see a lot of voters stay at home. i'm going to give a caveat, the are tired of politics, but they're also tired from working two jobs as well. that's one thing that is unprecedented that they have ha to endure under joe biden. i think that's why you see ever term in voters and to charlamagne tha god credit. he has warned them that they ar losing the black vote. >> ainsley: our proud of charlamagne tha god, maybe he feels that way, but the state a a whole is very proud of impaired he was inducted into the entertainment hall of fame in our state. the question is what does he think republicans are crooks? >> he thought the 88 counts. and said what our youth counts that they think are valid. as he drilled on mount he looke at the macro, that's what independence in end incited think, why is this one guy have 88 counts. i can tell you exactly with the counts are. i can tell you what the cases are. in then let's go challenge them. these 34 accounts is really the same counts. there was no reason to overcharge. you overcharge because you want to cast a wide net. >> injure innocent until proven guilty. that's what he said crooks. democrats can fight, that's all the really good that. marc elias is an example, that' all they do is fight. carvel in these guys,. >> steve: carvel has been talking and we been hearing him talking about. >> you have to believe it a lot. >> steve: democrats are underwater with a lot of their key demographics. that's why they are going to fill it with a new push to attract white who they say they've lost. >> ainsley: the trying to target green markets. >> good morning to you guys. the biting campaign always drives and the polls except for maybe this one pretty got the president in the vice president both appearing in swing state, pennsylvania today. and order to lunch this new initiative black voters for biden harris. it comes at a time when you hav trump getting 23 percent suppor among black registered voters, that is up from 8 percent in 2020. if the numbers don't sound like a lot, look at it this way, in 2020 biden won about 9091 percent of the black vote and that is down today to 74 percent for the campaign is talking about investing in blac student organizations, communit groups, and fade centers across the country. there saying the ministration delivered historically low blac unemployment numbers as well as billions of dollars in student loan forgiveness that quote disproportionately impacts blac borrowers and quotes the same voters will be critical to defeating trump's racist in toxic agenda at the ballot box again. investment might be more expensive if they get their way on this new climate policy. the administration is looking t require the new homes rebuilt with efficient heating and cooling systems in while this would save on greenhouse gas emissions, it could add 70 to hundred dollars to the average purchase price of a new home which is happening at a time when prices are sky high. the average cost for a new home was just under half a million dollars last year. they're also revamping school buses spending $900,000,000.340 school buses that are powered b clean energy. this happening and a time when the country is seeing a 15 percent drop in bus drivers. that is 50 percent drop since 2019 coming out to about 190 to thousand bus drivers that we ar down across the country. we will see if that makes any difference in getting bus drivers to come back to work. >> steve: we could do autonomous buses. have them be robots because elo musk would love that. >> i don't know i would put my kid on a bus without a driver. >> good point. thank you, jackie. >> lawrence: it will be interesting to see part two of his morehouse speech. he supposed to be focusing on black voters. so much there when he was talking about the victimhood of black voters, they are going to be treated differently when his son had a sweetheart deal with weapons charge, had drugs in everything in everything in their giving him a deal. >> a gun trial gun charges trai starts next week break when she talks about the green energy, everyone is for making our environment the safest in the best he can be especially for a little kids breathing the air, but this is expensive. they went after our stoves, the went after our straws, then our refrigerators, now they're goin after our houses, making them more efficient and it's costing you 70 to hundred dollars. young people coming he's trying to appeal to the young boater, they're going to graduate from college or goal is to buy your first house and it's going to cost 70 to hundred dollars more. higher interest rates and highe premiums. >> brian: meanwhile so focused on everything she is about not even listening to it. >> i will do an oral report bac on the commercial break of everything it's all appear. we do have some things to get t starting with a fox news alert. one person dead and seven other hurt and another still missing following and natural gas explosion at a high rise building in youngstown, ohio. the blast blowing the façade of the 13 story building, which housing at chains chase bank on the ground floor and the apartments above. overnight first responders finding a body of a 27 -year-ol bank employee and the rubble. the search for missing woman is still ongoing, but officials believe sheep may not have been in the building at the time. let's pray she was knocked. happening today convicted murderer scott peterson returns to court virtually from state prison. lawyers from the la innocence projects are attempting to clea his name. they are asking for dna testing on multiple pieces of evidence. he is currently serving life in prison for the murder of his wife lazy and they're unborn son . scott a scheffler's case for alleged assault on a police officer is headed back to court today as his attorney works to have the charges dismissed. the jefferson county attorney will both address the court in louisville this afternoon for the world number one golfer who lives in texas is not required to attend the hearing. he was arrested nearly two week ago after trying to drive aroun the scene of a fatal crash whil on his way to the pga championship. he says the whole thing was a big misunderstanding. houston tops a new list of the dirtiest cities in america. they are a number one. i don't think you want to be that though. a new study by lawn starters poor air quality come about infrastructure in the high number of pests invading homes as reasons why. surprisingly, new york city is not on the top ten. the big apple landed and 12th place overall which makes me question the survey i think by lawrence look, he agrees with me . earlier brian spoke of robust debate wondering if you'd be able to work at the same place place as his lovely wife, don. >> lawrence: you can have it on the cards and work? >> brian: you think working with your loved one would help or hurt your workday. >> here is what you had to say at home. mark writes my wife and i have been personal shoppers online for 20 years. how cool is that. she is my best friend. our marriage has never been stronger. that is wonderful. and want to buy close from you because right after working successfully with my spouse for years, we are now divorced. meanwhile, michael says i'm tol what to do now, i go to work to get away. i tell her if i want a supervisor out go to work very is wife lays down the hammer at home. >> ainsley: every relationship is different. >> lawrence: do you want to clean this up before you go hom today? >> ainsley: she has a different job to. >> let's say you work and an antique shop. all day your selling antiques, then you go out to dinner, you're talking antiques. >> do you like it when she come home and talks about her work? >> brian: i am totally intrigued by it. how did you do, how is the stor going. where you laughing? >> lawrence: i just can see had. day one you're going to want to do over on this one. >> ainsley: you do work a lot, brian. let's ask sean hannity what he would say about that. >> lawrence: the great sean hannity is next. sometimes jonah wrestles with falling asleep... ...so