>> thank you. i am trace gallagher and for martha maccallum. house republicans railing -- and his response over the pandemic. it is called the scandal of the pandemic. first, hunter biden in court today for the first of his 2 federal trials this 1 on untried -- gun charges a delaware. he pleaded not guilty in both cases after a plea deal with the feds fell apart last year. he is now facing a total of more than 100 -- more than 40 years in prison. the first lady in the courtroom today. the president is not there but put out a statement saying he loves and respects his son. fox news legal editor carrie bob is standing by. burst to the justice correspondent davis is at the courthouse in wilmington. good afternoon. >> reporter: good afternoon trace. president biden is about 15 minutes from here at the biden's wilmington home getting updates from aid and staying in close contact with the trace: first lady and others. he will speak with hunter several times a day for updates. they are still in the jury selection process it is only the first date. they start with 200 jurors and whittle it down to 12 actual jurors plus 4 alternates. but intel made this everyone has connections to someone with the name biden. they are familiar with the name and know someone by that name. hunter himself and his wife walked in after 8:30 am when the jury selection began. he is charged with 3 felony counts of lying on a federal gun form in 2018 when claiming he was not a drug user. jurors were asked today about gun rights. they are expected to argue hunter did not check know on the form to being a drug user and it needs to be examined if other people filled out the form. the special counsel is confident hunter is the 1 who checked no though. as we mentioned the first lady is also there. it is her 73rd birthday. celebrating her birthday in court. her daughter ashley also in the courtroom also in the front room taking notes and paying close attention. president biden releasing the statement i'm president but also a dead. joe and i love our son we are so proud of the men he is today at his resilience in the face of adversity and strength he is brought to his recovery are inspiring to us. we know what they mean as -- know what we mean as president i don't know and won't comment on pending federal cases but as a dad i have boundless respect for my son. our family has been through a lot together and joe and i will continue to be there for him and our family with love and support. the jury selection expected to go another hour or so they've gotten things down to 36 perspective jurors. may likely means opening statements tomorrow this entire trial expected to go 2 weeks may be a little less. tracy -- tracy. >> trace: david thank you. let's bring in carrie fox news editor back great to have you on. and wondering are you surprised we've -- this thing didn't end with some plea deal? >> yes i'm very surprised etiquette would've been in his best interest to flee out of this. it's a pretty open and check a spirit by his own admission he was her drug use or the time he purchased the gun. prosecution said they have ample evidence and videos and photos and the like from his and thinnest laptop that showed the same character producible case but trace i'll tell you what surprises me the most, not the fact he decided not to do a guilty plea but the fact joe biden is there during the jury selection. that is a remarkable. thank if you are a juror sitting there you're looking at hunter biden and thing about the ramifications of this case and the first lady is sitting there in the front arrow watching you as you do that. that is definitely a message from the white house. >> my second question is what you make of that? it seems to me like it is unusual there. it is hard to say she can't do it but it seems unusual. >> and for jury selection, you know, were not talking about opening arguments or closing tournaments not even talking about hunter on the stand. typically if someone says there during jury selection is because they are sending a message. they want the jurors to look at you and say look here we are it is a big deal. given that this is her husband's justice department who is prosecuting hunter biden and joe biden has sent repeated public messages to his justice department by assaying his son has done nothing wrong and he is innocent and he is part of him and of course including him even up to a couple days ago air force, the white house and big events, how else would you interpret that if you're at the department of justice? >> trace: and he said is also it's my birthday as well. there is a statement also released saying there is no comment on federal cases but this is what he said over the past. >> my son is done nothing wrong. this thing about it than i don't know anything about it. they asked the question about being on drugs and he said no. they wrote about saying no, and his book. >> my son did nothing wrong. >> trace: >> and while we are discussing this carrie this is the timeline of the hunter biden case. has you hear the president many times saying my son did nothing wrong now he is in commenting on this. it kind of starts in october 2012 and goes through april 2211 of course he admitted he was smoking crack every 15 minutes. as far as the president not commenting on this what would you say about that and his statement today at carrie? >> he is being commenting for at least proper years now so he can put out a statement if he liked this morning and we cannot pretend to forget everything he has been saying for how many years now about him being innocent and done nothing wrong. and of course without saying that the fact that he continues to include him at all of these public events, even during certain flashpoints throughout this whole ordeal. so yes, it's an adult son now not a 10-year-old child. i sometimes feel like the white house is approaching it as if it is someone under 18. but this is a grown man who made some poor decisions and is now suffering the consequences in the courtroom. but i thought it was quite remarkable that they sent the first lady to sit there during various election today. >> trace: yes, and lastly the doj clearly thanks the laptop is legit and it's real. so as a little bit more backtracking that will happen as we go forward in this case, carrie. >> oh, we know they think it is real because they said so much in the court filing. at the end the most interesting thing that we will take away the next few weeks is not the stuff we know and that it's an open and shotgun case, it's the learning about the laptop. what are they going to attract? what will they reveal? especially given as you will remember traced the incredible censorship that took place by social media and news organizations with respect to that laptop and everyone decrying it was paul's. you have this 51 so-called intelligence experts saying it was russian disinformation which was a joke. and joe biden himself repeated that line on the debate stage yet here we are how many years later? and the laptop is the centre of it all. >> carry, great to see you. great work in the trumpet trial. thank you for coming on we always appreciate it and. meantime dr. anthony fauci at the centre of a heated hearing on the hill trying to cover up what happened in the wuhan lab. >> as you sit here today is a possible covid-19 was the result of a laboratory related incident? >> absolutely. i feel based on the data i have seen that the more likely not definitive, but the more likely explanation is a natural spill over an animal reservoir, but since there has not been definitive proof 1 way or the other we have to keep an open mind that it could be either. >> and based on that answer i think is the hypothesis covid-19 accidentally leached from allowed a conspiracy theory? >> now imagine that several times, the concept of it is not a conspiracy theory. >> trace: well, tommy laren has thoughts on that and she joins us next for veteran homeowners, it's easy as 1-2-3. one: call newday and apply. two: take out an average of $70,000. three: pay off your credit cards with so many choices on booking.com there are so many tina feys i could be. so i hired body doubles to help me out. splurgy tina loves a hotel near rodeo drive. oh tina! wild tina booked a farm stay to ride this horse. glenn close?! with millions of possibilities you can book whoever you want to be. that's my line! booking.com booking.yeah norman, bad news... i never graduated from med school. what? -but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... i know... faster wifi and savings? ...i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc? >> will dr. anthony fauci back on capitol hill for his first tune since retiring. republicans had a lot of questions about the covid-19 pandemic. a congressman who is also a daughter called him dr fear and played a recording of him talking about how to convince people to get vaccinated. watch. >> it's been proven that when you make it difficult for people in their lives, they lose their ideological [ bleep ] and get vaccinated. >> thank you. are all objections to covid-19 vaccinations ideological weekly dr. anthony fauci? >> know they are not and that's not what i was referring to. >> in reference to making it hard for people to get education, travelling, working i'd say it was very much in context. >> trace: out to coast tommy laren standing by first to the chief washington correspondent michael manual good afternoon mike. >> good afternoon trays. the face of the government dr. anthony fauci response to the covid-19 pandemic testified about his leadership and the government's response to covid-19. he testified for about 3 hours before a house select subcommittee and talked about the theories that perhaps he had tried to cover up a lab leak being part of the explanation for work covid-19 was developed. he called it also and preposterous. another key issue dr. anthony fauci admitted these 6 but social distancing rule that was not based on scientific study, he said it was the centre for disease control dictating policy. tempers flared when marjorie taylor green refused to call him doctor. >> the type of science you are representing mr ouchi is abhorrent yes, because in my time that man does not deserve to have a license pair as a matter of fact it should be revoked and he belongs in prison. >> after the hearing i asked a leading democrat of fauci should have shown more remorse and some humility for mistakes that were made. >> while look nobody is perfect. that's just within the realm of historical experience. mistakes made -- made in every effort to combat every plague and disease there is ever been. he will be the first 1 to tell you that. >> trace: on another key issue he insists he never used personal e-mail to conduct government business. trace. >> trace: michael manual live for us, thank you mike. let's bring in tommy laren a fox news contributor. great to have you on. i'm interested because you hear jamie saying everyone aches mistakes, during the pandemic he wouldn't allow the other side. that was the whole point. you would not allow the other side in this to say what they believed was helpful during covid-19. this was their narrative and not how it was. >> yes, and he also considered himself to be science itself. if you question him, if other doctors and other medical and science professionals so much as questioned him they were aligned and demonized. some even lost their livelihood and businesses. lost their licenses over those peer for him to sit there today and say he is open-minded, since when are you open minded? as someone who is personally censored and targeted by the biden white house on facebook i can tell you he is certainly not open mind and. for him to sit there and show no more maurice today for the lives he ruined and the economy that's still taking today because of that policy and response to the covid-19 pandemic. the fact he could sit there so smugly after all the lives his guidance ruined and just say maybe they were just not following the sides changes its ins -- infuriating to so many americans. >> trace: i want up with the first sound bite, this is him today saying he never tried to downplay the lab leak theory. listen to what he says. >> dew you agree there was a push to downplay the lab leak theory? >> not on my. >> part really? >> really. >> wow. >> now let's rewind the clock little bit this is february 2020 where fauci is talking on a podcast and being asked about this theory. look. >> there is a sort of urban legend that there is a biological warfare centre in wuhan and the coronavirus escape from that period do you have any sense of where it probably came from? >> i've heard these conspiracy theories and like all conspiracy theories there just conspiracy theories. is impossible that that could've happened? don't think i can say its not impossible. >> trace: the whole thing is that he clearly downplayed this and we have the recordings. >> we do. and for so many of us who are called conspiracy theorists when we simply had questions about the covid-19 response, for him to sit there as i mentioned today and say he is now open minded about a khaki was the authority on covid-19. americans were hanging on his every word for advice and guidance. to sit there today and act like it was everyone but him that made poor decisions or maybe it decisions they shouldn't have made, to me that is just so disappointing and so infuriating and insulting. condescending to the american pew -- american people. you will never show remorse and i've got to say the number of democrats who sat there today and think this man for his service i'm convinced it covid-19 what happen all over again some of them would do it all over again maybe 10 times worse. they have no more maurice for what they put this country through. >> trace: lastly we have this sound bite, fauci being pressed on the 6-foot distancing rule. watch. >> once we realized the virus was not spread by droplets and was aerosolized did you feel an indication to go back to the cdc and say let's base this on science. let's go back and get rid of the six-foot rural. >> i challenged it multiple times. it's not appropriate to be publicly challenging the system organization. >> trace: i've got 10 seconds here but this was made up out of thin air. >> yacht. the accountability we'll never be there from this man. everything bad that happened wasn't his fault but he takes all the credit for everything good that happened. he will never face i can't ability. i agree with marjorie and many others he needs to be held accountable. >> trace: great to have you on the show tommy. thank you into the conviction of former president trump and the massive political implications for november and beyond. well done, viv. you got the presents, the balloons and the raptor cake. now, how about something to put a smile on your face? 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