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FOXNEWSW FOX July 2, 2024



>> steve: good morning, everybody. live from studio b. it's 7:00 in new york city. welcome to the thursday, may 30th edition of "fox & friends." well, fox news alert. it is day two of jury deliberations in donald trump's trial against new york state. >> possible outcomes as the country watches and waits for what will be an historic verdict. >> it's mind boggling to me that at the end of the rainbow we still weren't certain what the menu of crimes it now turns out was going to be. >> brian: right. we're going to talk to him shortly. and joe biden snaps at a reporter asking if he would be serving his full term or handing over to power to vp harris. >> steve: good question. >> all four years or handing over? >> not hurt, are you? >> ainsley: did you fall on your head. >> lawrence: should make fun. >> ainsley: a true miracle a girl loses her leg in a train accident and then pulls herself off the tracks. the incredible story is coming up. >> lawrence: what will she h second hour of "fox & friends" starts right now. and, remember, mornings are better with friends. ♪ >> lawrence: buckle up. fox news alert. jurors in the new york vs. trump trial will continue deliberating this morning after discussing the former president's fate for four and a half hours during day one. >> brian: lawrence, your car is ready. >> ainsley: monster truck behind it outside on the fox square. eric shawn is live outside of the new york state supreme court. acre, what's the latest? >> eric: hey, good morning, ainsley and guys. well, the jury is starting with the heart of the prosecution's case. they are asking for testimony concerning the alleged scheme to protect donald trump's presidential campaign back in 2016. and they are starting at square one. they have asked for testimony from the very first witness in this case and that was david pecker. pecker, the former publisher of the national inquirer testified by b. meeting with trump and michael cohen to set up the plan that protects trump's presidential campaign in motion. it was two months after trump announced that he was running for the white house. and pecker said the three met at trump tower to carry out the plan. pecker and cohen testified three weeks apart in this trial but they basically told the jury the very same thing that trump told pecker to work with cohen. their goal? keep stories that could hurt trump's presidential campaign out of the public eye. here is cohen's testimony. question: who did he say he would get in touch with? he was able to identify these type of stories? cohen said, the answer was me. mr. trump, also. and then you had pecker's testimony about three weeks earlier. i would notify michael cohen and then he would be able to have them killed in another magazine or have them not publish or somebody would have to purchase them. the jury has also asked for pecker testifying about him advising cohen to buy the story from karen macdougall that she had a nearly year long affair with trump so that voters would not find out about it. it appears that the jury is trying to corroborated with michael cohen told them. that's because michael cohen is considered an accomplice witness. the judge telling them that he committed another crime and under new york state law you can't rely on michael cohen alone. let alone that he is an admitted liar and perjurer, the jury can't just go by what he says, they need testimony or evidence to back that up. so today they may be hearing exactly what they want to try to get, corroboration of michael cohen that starts at 9:30 this morning. we will see how it goes. back to you. >> brian: so, eric, from what you can attain, do you believe that the judge would come up -- listen to the jury verdict, and the same day come up with his sentence is there going to be distance from the verdict to the sentence? if is he found guilty? >> eric: yeah. usually there is a distance between that. some jurisdictions have it immediately, that's a pretty shocking thing but in new york state, they have the verdict and then after the verdict, if the president is convicted they will set the sentencing daylight eric, the 12 jurors, alternates are in the jury room. and all they have got they have a rectangular table, bad lighting i have read and apparently a laptop where they can look at the different exhibits and stuff like that. they are also -- and so you have also got the foreman who is trying to run things. we don't know much about that person. we do know there are two lawyers in there. and that could be helpful when it comes to legal stuff. although one of them said during the jury selection process, that they had no experience with criminal proceeding. >> yeah. you know, you are right. we will have to see what the lawyers say. some people have raids concern about the fact that they have two lawyers. that, you know, the power dynamic would be lay people, the regular nonlawyers would try to look to the lawyers to get explanations. so, that could shift power dynamic we don't know which way. you are right in new york state, the jury room, they are in the room, they had their -- alone, they got two laptops to look at the evidence. they are not allowed to bring anything into the jury room. if they want to hear the testimony read back, they got to go back to the courtroom. it's all read back to them. they are not allowed to read it themselves. that's the way it's always worked. >> brian: all right, eric, thanks. >> ainsley: thanks, eric. >> lawrence: one of the things that shocked me yesterday is that they all have to agree on innocence or guilt. but they don't have to all agree on the counts, which is something i have never heard of before. andrew mccarthy was on yesterday and he gave some thoughts on the judge. >> it's mind boggling to me that at the end of the rainbow, after they didn't give trump notice of what the charges were at the indictment stage, after through six weeks of trial, we still weren't certain what the menu of crimes it now turns out was going to be at the end that he was supposedly covering up or concealing. now we get here and it turns out that they don't even have to agree on the main thing? it's astonishing. >> brian: he was harping all over that, he found it really disturbing and virtually unprecedented. >> lawrence: practicing law for 20 plus years in new york and the most aggressive prosecuting office in southern new york. if andy mccarthy hasn't heard about it -- >> steve: it's like a cafeteria, each records charge also has three other options. so here's a records charge. plus, did they do any of these three things? so essentially you could have somebody say well, i think he did number one. somebody else could say i think number two, number three. if everybody agrees to a secondary charge, then it becomes a felony, and then that can be a guilty charge. >> ainsley: does it surprise you? he donated to biden's campaign. his wife worked for letitia james. we know about his daughter. i heard you yesterday, was it on out numbered when you said now is he going to try steve bannon, and you said is he the only judge in new york? >> brian: right. and thank you for noticing that oftentimes i give you my transcript and say if you want to use that the rest of the day. >> ainsley: just like the jury i have to take notes. i'm not allowed to see your transcript. >> steve: ainsley, judge jude is in new york. >> brian: interesting what they requested. they wanted more information regarding the phone call with trump and david pecker. decision not to fund the macdougall story they found interesting. pecker's testimony of what happened at the trump tower meeting with cohen. so, they are all over deliberations and how much pecker knew that maybe would be corroborated, this is all speculation with michael cohen. >> lawrence: to that point also, brian, remember part of the instructions said if you feel like donald trump did it for any other reason, even if it was for the election and say personal, there was an allegation that he did it to protect melania, if you believe that to be true, as well as the election, then there is no charge. >> steve: right, one other thing he said, the judge that is, said if you are considering the testimony of a witness, and you believe that something they said was not truthful, you don't have to believe anything anything. so clearly that was, you know that was aimed at michael cohen. >> ainsley: the judge did say something interesting, too. you find that any witness has testified falsely to any material fact, you may disregard that witness's entire testimony. >> steve: that's what we're talking about. >> ainsley: michael cohen. michael cohen admitted to lying, we know he has been in prison and disbarred and stole money from the trump organization. he admitted that in court. is he a serial perjurer, is he also an accomplice. if they take that information and listen to the judge's instructions on this, they could just wipe out all of his testimony. >> brian: so we have frequently asked questions that i have asked over and over again. so now we have a full screen. maybe you are asking the same questions, i will read the question and then we will have the answer. it's the way we tests all across america and right now people are taking their finals. >> ainsley: you will ask a question and we will answer it. >> brian: yes. and can you read from your notes. where will trump be during these hearings? >> steve: well, brian, great question. >> brian: thanks for putting my name in the answer. >> steve: he doesn't have to stay in the courtroom. but he has got to be in the verdict just in case the verdict comes down. >> brian: how long will jurors deliberate? >> lawrence: as long as they need to. the standard court day runs from #:30 a.m. to 4:30 p.m. with a lunch break. the judge said the jurors could decide to extend the court day all the way up to 6:00 p.m. going forward there's no limit to how many days of dlixdzs can continue. >> what happens if there is a verdict? >> ainsley: well, brian, i'm glad you asked. jurors will send a note via a court officer saying there is a verdict. but they won't say what it is and everyone go back in court and they will say either guilty or not guilty for each charge. >> brian: do you want to be in the overflow room for that? or the courtroom? because overflow you get cameras real quick. that's interesting tactic. >> ainsley: get to see their faces. >> brian: what happens if there isn't a verdict? >> steve: brian, if there is no verdict, jurors send a note saying we can't agree. the judge then in consultation with both sides must decide what to do. defense lawyers might seek an immediate mistrial that could be granted but often the response is to call the jury in for some form of instruction to keep trying. in other words, you are deadlocked, try again. if the deadlock notes continue, the message may be repeated or tweaked. so to arguments for a mistrial. judge jeanine was on yesterday and she said generally she would send it back one time. but, we have seen movies where they send it back two times or three times. just go in there and come back with an answer. >> lawrence: a decision. >> ainsley: we all have read this cute little article in politico today talking about what is happening behind scenes and what reporters are going through. they said it was so cold in that courtroom that they did ask the judge to crank up the heat. and/or the air higher whatever it is. and the judge said well, if i tell the building staff to do that they could crank it up 30 degrees i would rather be cold than sweating. trump's lawyer susan how do you pronounce her last name? necheles. she wore -- a thick winter coat during the proceedings. reporters won knee length down jacket. it's like 80 degrees here. >> brian: it's an icebox. >> steve: the judge is wearing a big robe. >> ainsley: coffee isn't permitted in the main courtroom. so they're chugging their coffee like a frat boy and they are all saying chug, chug, chug outside. and people are eating and charges their laptops in the bathrooms. >> brian: everything is 1972 in there, right? they say if the president does get probation or gets jail time they would put him into the probation screen him. they say it's even worse in those rooms if he goes and gets evaluated. >> ainsley: trump has to stay in the building. they are giving him and his lawyers and the secret service the courtroom across the hall. >> brian: yeah. he will be around. he will be able to get right back into there as soon as that verdict is read or concluded. meanwhile, president biden is set to go back to his beach house in delaware today. is he working hard after he and the vice president made campaign stops in philly on wednesday trying to gain support from minority voters, specifically black voters. >> steve: jacqui heinrich was in philly yesterday. and today she is back at her post outside the white house. jacqui, how did the president do and did he insult any reporters? >> did he, actually. i will get to that in just a second, steve. but to your broader question, guys. part of the remedy to sliding support among black voters is the biden campaign apparently telling them that trump is racist or at least that his campaign and his agenda are. a campaign email from the biden team ahead of yesterday's black voter outreach program said, quote: trump is running on an antiblack agenda, talking down to black voters. the trump campaign has made it very clear they believe all they need to engage black voters is free fast food. team biden went on to announce a week of events at barber shops, hair salons and blank churches across several swing states to get the word out about what biden has done to build black wealth, framing himself as someone who has delivered on promises made. it was also one of the first time we heard a new refrain if trump is elected he could stack the supreme court with more conservative justices and take more of your rights away. the pitch they seem to be settling on here is about character. >> this election is not about age. it's about character. this election is about character. so every two choices. you have my husband joe, who you all know who has integrity, he is strong, he is steady, he is a leader. is he smart. he is energetic, or you have chaos. >> but biden did shoot back with a little bit of attitude when a reporter asked him if he planned to stay in office for a full second term. >> president biden, will you be serving your full four year term or handing over power to vice president harris? [inaudible] >> all four years or handing over? >> you're not hurt, are you? >> i can't hear you, can you approach? >> did you fall and hit your head or something? >> jacqui: he obviously didn't like that question. the president is not at the white house today. he is spending the weekend in rehoboth but he will make a short trip back to the white house tomorrow to welcome the kansas city chiefs, guys. >> steve: that's his come back. what's the matter with you? did you hit your head. >> brian: never talks to reporters. >> ainsley: search asking will he make it through four years or hand it over? >> steve: over question came up in the briefing room jacqui, you mentioned the kansas city chiefs are going to be in attendance. what's the dealer with taylor swift is she going to come and support her boyfriend? >> brian: she should not come. >> steve: just asking. >> brian: jacqui, she should not come. >> jacqui: big mystery. i don't know. i don't see strongs of swifties out the white house. maybe that's why they are keeping it a secret, guys. >> brian: it would be about -- i think it would be about her if she showed up. it should be about the chiefs and their kicker. i'm sure he will get a warm embrace from the president. >> steve: given the fact if she just showed up at joe biden's white house, she wouldn't have to say i support joe biden. i endorse joe biden. just her being on the campus says. >> ainsley: didn't she support them though in the last election? >> steve: in 2020. >> ainsley: she had those cookies that said biden. >> brian: one guy wants to start dating madonna who might be be available. she is very selfish. absolutely. but not taylor swift, she seems this is your time. you only got a couple years left. let's be honest. why is lawrence on that show i would like to be on the show and can i sing and dance. >> ainsley: interested in madonna. >> lawrence: maybe. >> brian: she is available unfortunate i think it's interesting to see joe and jill. jill seems to want it a lot more than joe. did you see how passionate she was during "the view." how crazed she was that my joe is the right guy. do you hear me? donald trump is evil. >> ainsley: she called him energetic and another interview called him steady. >> brian: ha! sounds like my valentine's day's card from dawn. >> steve: one on his team. >> brian: no question. >> steve: who can stay to the talking points. we have known for over a year because we heard from the campaign, the plan is going to be while the republicans duke it out in the primaries and donald trump does stuff, we will just show how we are so calm while there is chaos at the other side. >> brian: she wants it more than him. >> lawrence: are we witnessing the fear campaign like it is so bad -- and i predicted this, too. after the bronx rally, they were so afraid of the massive turnout there. now everything is fear, fear, fear, fear, fear. and i just wish somebody besides fox will pushback and say what are you talking about? like what donald trump. >> ainsley: he says when he talks about donald trump being racist? >> lawrence: i just think it's lazy. i think it's juvenile. can you come up with anything say how i hate his policy on this. they are making such a general -- it's kind of like de niro who said is he going to destroy the world. this is not an action movie. >> steve: both sides doing it. going to motivate their base. a lot of people are not motivated yet. >> brian: i was surprised joy behar did not pushback. she always asks questions. let's talk sports for a second and crime and punishment. scottie scheffler's attorney getting into a heated exchange with reporters after kentucky prosecutors dropped all criminal charges against the world's number one golfer. >> ainsley: garrett tenney is live with all the details. gator gator that heated exchange when reporters asked scottie scheffler's attorney about new body camera leaked showing golfer in the back of the squad car being questioned by an officer and explaining his versions of what had just happened. when officer brian gillis tried to stop him from pulling up into the entrance of the valhalla golf club early that morning. here's part of that. >> first of all, did i not know that he was a police officer. i thought he was one of the security guards was that mistaken. and as i was pulling by him he -- >> stop right there why does it matter if he is a security guard or a police officer if somebody is telling you to stop. >> yes. you are right. i should have wanted to. did i get a little bit impatient because i'm quite late for my tee time. >> in court the prosecutors say evidence supports sheriffly said all along this was all a big misunderstanding. after court, his attorney went a bit further and said the pro-golfer was a victim in this case. he is being interrogated most stressful situation. the officer is asking him questions and trying to get him to agree with him. okay? that's why you don't talk to the police. because they're going to try to put words in your mouth. gator gator that did not sit well with officer brian gillis who arrested scheffler and disciplined for not having his body camera on when this whole ordeal unfolded. he said it was unfortunate and hearing him claim a false arrest was made. and for him to challenge my honesty and integrity. i would be surprised and disappointed if mr. scheffler actuall

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