underway in his federal gun case. it is the first time ever the son of a sitting president will stand trial. we've had a lot of first time evers, america. hunter is accused of lying about his illegal drug use on a gun buy form in 2018. first want to get to this because on the hill today he was the public face of the government's response to all the covid pandemic matter. now a house panel set to question dr. anthony fauci one hour from now amid allegations of misconduct. app apparently there is a lot there. hope you had a grand weekend. i'm bill hemmer. >> dana: i'm glad to be back with you. i'm dana perino and this is "america's newsroom." we move from one trial to another trial. we have somebody else kind of on trial today anthony fauci. nearly two years since he testified publicly. this hearing could get contentious fast. republicans have a lot of questions. democrats are speaking ahead of the hearing. some of them are preemotion actively defending dr. fauci. today's appearance comes on the heels of testimony from a top advisor last week. secret emails raised questions about whether fauci might have tried to keep some records out of the public eye. >> bill: they're looking into the virus research and the scientists conducting it were transparent. >> when you have con gre gat settings with no masks in a situation particularly indoors, that is asking for trouble. i think it's pretty common sense now that outdoor risk is really, really quite low. it was based on the evolution of the science. >> dana: former cdc director dr. robert redfield joins us in a moment but first to mike emanuel live on capitol hill. hi, mike. >> good morning to you. folks lining up for today's highly-anticipated question and answer session with dr. anthony fauci. the scene is the house subcommittee on the coronavirus pandemic featuring the first public testimony of dr. fauci. lawmakers will dig into procedures during the pan emotion dick and embarrassing emails, an advisor was seeking ways to look at public records laws and fauci's personal email accounts and leading republicans saying there are indications he may have used them for government communication during covid. a frequent fauci critic laying out his expectations. >> we now have his emails from the exact time when he was saying it was natural, nothing to see here. that the nih had nothing to do with it. we have the private emails where he and everyone in his inner circle was saying oh my goodness. >> lawmakers are also likely to dig into the procedures americans lived during the covid pandemic. something that came up during fauci's closed door deposition. quote, do you recall when discussions regarding the at least six foot threshold began? the six foot in the school, six foot overall. it was applied to businesses. yeah, it was applied in schools and here at least how the messaging applied. was the six foot distance was the distance that needed to be. >> i don't recall. it sort of just appeared. i don't recall a discussion of five or six or whatever. it was that six feet is -- >> did you see any stud eels that supported six feet? >> i was not aware of studies. that would be a difficult study to do. the six-foot social distancing rule basically ruled our lives, kept schools closed for an extended period of time. defendants striking saying it's a waste of time and republicans lack evidence. dana and bill. >> dana: thank you so much. >> bill: thank you. want to bring in former cdc director robert redfield. here we are again. good morning. david moreens is a former aid for dr. fauci and in 2021 he said i can't -- i can either send stuff to tony on his private g-mail. he is too smart to let colleagues send him things that could cause him trouble. what do you think they get from this hearing? >> you know, bill, i'm not certain. i hope it's an opportunity for tony to be relatively transparent with the american people and let people understand how he is thinking and why he made what decisions that he made. i think it's an opportunity for him to try to express the rationale behind some of the decisions that he made. >> dana: nichole malliotakis from staten island, congresswoman and she is on this committee. she was on "fox & friends" first this morning. listen here. >> we're uncovering a lot of discrepancies what dr. fauci told the committee and what other staff members have told the committee. we're trying to get to the bottom of the accountability. who is lying to this committee and committing perjury and responsible for the destruction of government records. whose idea was it to use a personal g-mail instead of using government email to avoid freedom of information laws. that's what we're trying to uncover. >> dana: there is that and that also gets to the other question which is how did this originate in the first place? i think he will get a lot of questions about the funding of the lab in wuhan where it looks like a lot of people, democrats and republicans on this committee are looking at saying the evidence is pointing us to a lab leak. >> two things, dana. first very disappointing to me as someone who spent more than 40 years in public service that it was such an orchestrated effort to get around the freedom of information rules and record rules. dr. morens testimony was disheartening for those of us in public service that there was such a concerted effort to get around the freedom of information and more that will come out hopefully in the hearing today. related to origin, i have always said i hear all the time on the news that all the evidence points to spillover. i will argue there is no evidence for spill over. a lot of opinions by people for that. as you commented, the evidence that's mounted over the last three or four years is highly supportive of a laboratory origin for this virus and i happen to believe that the fact that certain people i think took this position, nih in particular, the leadership, to go after spillover, they thought they were protecting science. i think in reality what they did by not aggressively going after both hypotheses including the lab leak they hurt the credibility of science. >> bill: i learned from our foia lady -- that's quite a phrase -- how to make emails disappear after i'm foiaed but before the search starts and i think we're all safe. what a lot of americans are wondering, if tax dollars went to the wuhan lab, we need to know. and if gain of function achieved this, we need to know. how much have you thought about how we prevent the next virus from happening? >> yeah, i think it's so important, bill. this as i wrote an op-ed in the "wall street journal." i called for a moratorium on gain-of-function research. i think that research in my view, my opinion, is what caused this pandemic. it was a pandemic that was really caused by scientific arrogance. we're at risk for another pandemic. a lot in the news about bird flu. it has the potential to cause a pandemic at some point. i don't think it is likely to happen from spillover. but i do think it is likely to happen from gain-of-function research in the laboratory. so i don't see the necessity for this research. there are some scientists and fauci have been big advocates. they try to protect science and the ability to do gain of function of research and not have it regulated. i think that's a mistake. we need to put a moratorium on it. this is the type of research that needs to be highly regulated and i think that's at the heart of a major disagreement that i have had with tony over the years. >> dana: many democrats -- some democrats on the committee are frustrated and saying the republicans are too backwards looking. looking at the origins of covid trying to figure that out rather than thinking about future possible pandemics as you just mentioned. do you have a view whether it matters to try to get to the bottom of how covid started? >> yeah, dana, i think it's really important. it will take a lot of energy to put in place what we need to put in place to prevent a future pandemic. and a lot of that, i think, will come from a clear understanding, broad consensus of society how this pandemic started. like i said, i think this pandemic started in the laboratory as part of scientific experiments and if you just sort of forget about that and don't try to raise that as an issue there won't be energy required to really put in, i think, the regulations that will be required to restrict gain-of-function research. right now gain-of-function research is being done in university labs all over the world and they don't have the proper containment to control that gain-of-function research. i remind people when i was cdc director one of the things i had to do that wasn't pleasant was i had to shut down fort detrick, the army's premier laboratory for high containment pathogens. i had to shut them down because they were violating the containment rules. we don't have a rigor bio containment in many of these university labs doing this research. i think we need to call a moratorium. it shouldn't be decided by scientists but a broader group of society whether the research is of value. if it has to be done how can it be done in a safe, responsible way. >> bill: thank you for sharing your thoughts with us. remember the early days of covid we were running to anthony fauci to get his comments on so many things and extraordinary now four years later so much has changed. dr. robert redfield, thank you again. we'll speak soon. >> dana: thank you. [applause] >> dana: a standing ovation for an nypd officer released from the hospital this morning after being shot overnight in new york city. police say a venezuelan migrant is behind the attack that the mayor calls a senseless act of violence. nate foye has the story. >> crime scene is still active in queens, new york as two nypd officers narrowly escaped with their lives. police have taped off about two city blocks. you see several evidence markers in the middle of the road. one of them on top of a moped that police say the venezuelan migrant was riding. police were investigating a robbery saying the migrant was riding that moped the wrong way down the street and tried pulling him over. he got off the moped and during a chase they ran after him. police say that migrant shot those two officers, one of them in the leg, and the other in a bullet-proof vest that you are about to see momentarily. the good news is from that video you just showed, both officers are okay. they left the hospital this morning. the police benevolent association says the officer shot in his vest actually helped apply a turn -- they returned fire and shot the migrant in the right ankle. he lives in a migrant shelter. palm is say he entered the country illegally through eagle pass, texas, last july and the suspect in several robberies in the queens area. here is new york city mayor eric adams. >> this is a bullet hole. because of this vest, a young police officer is going home. senseless act of violence. >> this right here is the gun that castro used according to police. it is unregistered as was his moped. they blame new york city's courts and judges. >> why wasn't he afraid to shoot new york city police officers? we've been in courtrooms across this city demanding change. the criminal justice system is putting police officers and the public at risk. >> police are still investigating the man for other robberies in the queens area. as you can see the investigation here continues this morning. dana. >> dana: all right. nate foye, thank you. >> did hunter biden commit a crime? have you spoken to your son, mr. president? >> president biden: i'm proud of my son. >> bill: president biden standing by his son to this day. first lady jill biden has just arrived to the court as jury selection is now underway and we'll check that out of wilmington. >> dana: still the heavy weight champion. donald trump has a new strategy. will it resonate? >> bill: a major league shove against caitlin clark. down goes phraser, several hard fouls against the rookie star players. the league has responded. question today, are the wnba players playing fair? >> it is what it is. i feel like i'm at the point where you accept it. and don't retaliate. just let them hit you, be what it is.st rength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. 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(♪) live in the moment. ask your doctor about otezla. >> president biden: the american principle that no one is above the law was reaffirmed. >> bill: so president biden the day after president trump's guilty verdict. now the president's son, hunter biden, is on trial in delaware facing three federal felony charges. first lady jill biden is at the courthouse. one case in delaware and in september another case on tax evasion in california t. prosecutors argued lied about his drug use on a gun purchase form six years ago. rich edson is outside the courtroom. hour one, day one. >> good morning, day one, hour one only 30 minutes into jury selection heroin going. the case is open. hunter biden arrived about an hour ago into the courtroom with his attorney. shortly there after the first lady jill biden surprised us all, also arrived here on her 73rd birthday. president biden has kept his son close over the weekend. the two went bike riding over the weekend. president is expected to speak with hunter daily during this trial about two to three times more than usual. the judge began jury selection at 8:46 a.m. audio went out. we have been hearing they've been working on it. also instructing the jury -- potential jurors not to search this case on the internet. have to take their phones out of the courtroom. there are around 250 potential jurors. the court will narrow them down to 12 plus the alternates. also face questions about what they've heard about this trial. their thoughts on the president and the bidens. prosecutors maintain hunter biden falsely swore on a federal form that he was not a drug user when he bought a gun in 2018. hunter's attorneys moved to introduce a second gun form into evidence which had additional information on it. defense wanted to use it to show the gun shop owner filled out the form inaccurately. the judge barred the form from the trial. unclear which witnesses the defense may call. prosecution signaled they may call a dozen witnesses which could include the gun shop owner, hunter's ex-wife and beau biden's widow. hunter's attorney had a plea agreement but it fell apart with the judge. the former agreement is now involved in hunter's tax charges. this is only the gun charge case. the tax charge case is beginning in september in los angeles. >> bill: off we run to the next courtroom. thank you much. nice to see you, dana. >> dana: let's bring in andy mccarthy, fox news contributor and you've been seeing a lot of him. first on hunter biden, this is the gun form hunter filled out. the false statement in the purchase of a firearm, false statement to a licensed firearms deal and possession of a gun by someone using a controlled substance. you said hunter biden's only defense is the one d.o.j. prosecutors gave him. how so? >> well, dana, if he had been timely prosecuted, remember, this is something i think hunter obtained the gun on october 12th of 2018 and had it for 11 days. the evidence against him is very strong. the law enforcement people were brought into this when the gun was lost. they tried to discard it. precisely it seems like hallie biden tried to discard it because they were worried hunter was drug add lid and might hurt himself or someone else. the case is overwhelming that has become more overwhelming with time as hunter has made a lot of statements about the condition he was in at that time. i don't think he has much of an argument that he wasn't a drug addict at that time. but where he does have an argument is while david weiss delayed in bringing the case for nearly five years the supreme court in 2022 in a case basically made a ruling that calls into question a number of federal firearms restrictions, including whether it's constitutional under the second amendment to ban drug users and drug addicts from possession of firearms. and therefore he now has a defense that he wouldn't have if he were timely tried in 2018 or 2019 or if he had pled guilty then. that case wouldn't be an issue. >> bill: they came out of an 11 day rehab plan and sober at the time is what they'll argue. the trump now. >> the president is going to cooperate with the pre-sentence investigation and we'll speedily appeal this unjust verdict. i think this case is replete with reversibleer or and we defend his rights all the way up to the supreme court if necessary. >> bill: the appeal is 30 days after the sentencing. so the window opens on july 11th. i don't know if this appeal happens before the election. seems a stretch to me. i was looking at the accounts for all en weisselberg, the former accountant. he was found guilty on seven counts of felony. in the state of new york a through e, a more serious. trump was found guilty for a class e felony. what will the judge do when it comes to sentencing? weisselberg had one that was c grade, one was d grade and five that were e grades. trump technically has 34e grades. weisselberg is age 76. trump is 77. is merchan going to put trump in jail, andy? >> well, i think there will be a lot of pressure on merchan to have a jail sentence component to the sentence. i don't think he -- i don't think he should put former president trump, give him a priso