you are done with this? >> yeah, maybe, or maybe need some plastic surgery, who knows? >> you never know. >> it's usually settled by an arm wrestle. we should mention special guest on the tour is john wait is on first and then foreigner or stix depending on the night and who wins the coin toss. >> it is lot of hits on stage. i think there are four or five number ones and just a lot of great songs that you certainly will know. >> four hours of classic rock which is amazing to unfold over the course of 7:00 to 11:00 p.m. >> steve: we love both of you. the renegades and juke box hero tour kicks off tomorrow in grand rapids. kelly and lawrence, thank you very much and good luck to you. >> want to make sure everyone goes to live nation or ticketmaster. >> dana: and breaking news on the hunter biden gun trial. we're waiting to find out if the first son will take the stand. good morning. i'm dana perino. bill is off today. good morning to you, john. >> john: good morning. i was surprised to see foreigner and stix. i will see them in hershey, pennsylvania in july. stix are good friends of ours. "america's newsroom" a live look at the delaware courthouse. this as the president's son tries to avoid conviction for allegedly lying on a gun application. >> dana: also in delaware president biden and first lady jill biden. they returned there after their visit to france for d-day and the first lady this morning is back in court to support her son. >> john: team fox coverage today. andy mccarthy is on deck but let's go to rich edson in wilmington, delaware with news out of the courtroom. >> we just got an update from the courtroom. what's going on now, the jury is not seated yet but there are some preliminary discussions underway right now. in it there has been an indication from the defense that hunter biden will not testify. that is not fully confirmed yet. we're still waiting to here if he will or will not testify. he arrived for his second week in court with his wife, melissa. jill biden is here and his aunt and uncle. james a business partner of hunter's. if hunter declines to testify it would have closing statements as early as this afternoon. if hunter biden testifies it will go deeper into the october. prosecutor allege in october of 2018 hunter was a drug user but -- he produced witnesses and passages from hunter's own audio book to try to prove their case. called hunter's ex-wife and ex-girlfriend and sister-in-law hallie who hunter had a relationship with after beau died in 2015. the defense has drawn testimony that none of the witnesses actually saw hunter use crack the week and a half he possessed the gun. if convicted the charges carry a maximum of prison and fine. hunter would be a first time non-violent offender. once this trial wraps it's september in los angeles. his court date on federal tax charges. we're waiting to see if he takes the stand here today. john, back to you. >> john: rich edson with the latest. the very latest coming out of the courtroom in delaware. thank you. >> dana: thank you, john. let's bring in andy mccarthy. you know if it's a monday we have more trials to talk about. today is hunter biden. with this decision it indicates that hunter biden will not take the stand. i don't think that would be a surprise to you. but his lawyers had really presented quite a bravado going into this case but it is unlikely he will testify. do you think that's a good decision? >> it is a good decision, dana. i think looking at his potential sentencing guidelines it looks to me like even if he gets convicted he has a good chance of avoiding a prison sentence. that calculation can change if a defendant takes the stand, gives a version of events that the jury obviously rejects, especially what we just heard is true, the government would come back with rebuttal witnesses. the consequences of that under the sentencing guidelines would be to add additional points to computing his offense level as it is called in the guidelines, which would lean closer toward a prison sentence. i think it is a smart move. >> john: they took the weekend to decide what to do. the way i looked at this on friday and turley and others have talked about jury nullification. members of the jury who know someone addicted to drugs or alcohol at one point. if hunter biden were to testify he could potentially present a very sympathetic character that the jury might look at and have sympathy for and say you know what? let's not convict him on this. what do you think the decision tree was over the weekend as to whether or not to have him testify? >> i don't disagree with that analysis, john. i think they may feel like they accomplished that with calling his daughter last week. i think factually in terms of the evidence in the case, that was not a great strategic decision but if what you are trying to do is gin up sympathy for hunter, i think his daughter's testimony may have done just that. my own view of it is, of course they are trying for a nullification decision from the jury but also tee up their appeal. the second amendment is a very live issue in the appellate courts on the federal level. and i think what they are trying to show is that his kind of cocaine use was more like alcohol abuse than mental illness because in this country, there is not much history for regulating drug use in terms of gun possession but there is a lot of history of taking rights away, including gun rights away, from people who are adjudicated to be incompetent. they are trying to set this up and why the stress on the fact that no one can say he was using crack with certainty in the days around the time that he purchased the gun. that's where they are going, i think. >> dana: listen to president biden last week. he did an interview with david of abc news and asked if he would pardon his son. >> as we sit here in normandy, your son, hunter, is on trial and i know that you cannot speak about an ongoing federal prosecution. but let me ask you will you accept the jury's outcome, their verdict no matter what it is? >> yes. >> have you ruled out a pardon for your son? >> yes. >> dana: all right, give you a final word on that revelation. he says he is not going to pardon him. >> and i believe he won't right up until election day. there is nothing enforceable what he just said. that's about as enforceable as saying i can't do anything about the border because congress won't pass the legislation and then they don't pass the legislation and he issues this cockamamie order he did a week ago. it's the position he has to take in the run-up to the election. >> john: he also didn't say he would commute his sentence. >> dana: that's true. >> john: anti-israel agitators haar hasing police officers and defacing statues at president biden's front door calling on his administration to pull support from the top ally in the middle east. but one republican lawmaker is now pushing for an investigation into alleged crimes committed on lafayette square. they didn't get inside the fence to spray graffiti but did a lot of damage across the street. >> that's right. beyond yelling about a cease-fire in gaza there was also vandalism beyond the white house gates. statues outside the white house including one of andrew jackson were vandalized on saturday, desecrated by protestors, red paint hand prints and spray paint graffiti. national park service officials are assessing the extent and cost of the damage. arkansas republican senator tom cotton had photos of statues. free gaza sprayed on a number of the statute. it is a blatant violation of federal law and calling on the justice department to investigate. if not d.o.j. will next year. >> you have anti-american pro-hamas loon particulars desecrating the statues of our great veterans, which is a plain violation of federal law. but joe biden's government allowed it to happen and i bet we're not going to see any arrests or prosecutions for violating that law. >> saturday's protest was a combination of pro-palestinian and anti-war groups. protestors wearing red were forming a human red line around the white house with some saying they stand with hamas. white house spokesman andrew baits responded to that. president biden has been clear that every american has the right to peacefully express their views but he is also always been clear that anti-semitism, violent rhetoric and endorsing murderous terrorists organizations like hamas is repugnant, dangerous, and against everything we stand for as a country. his statement does not condemn the vandalism of those statues, john. >> john: all right, thanks very much, we'll see what happens across the street and whether or not the investigation results in any charges. a lot of people might think that's a foregone conclusion. thank you, now this. >> we're going to make our country great again and greater than ever before. it is going to be special. and the world is going to look up to us with respect. they aren't going to be laughing at us. they right now are laughing at us. >> dana: donald trump goes west on a campaign swing. it was hot out there. he made a major promise and hauls in a boatload of cash. we have that next. idf going deep behind enemy lines rescuing four hostages from the hands of hamas in gaza. retired four star general jack keane on how it all went down. and critics accusing usa basketball of shooting an air ball for leaving caitlin clark off the olympic team. >> i'll root them top win gold. hopefully in four years i can be there. and see why pods has been trusted with over 6 million moves. don't wait, use promo code 25now to save. book at pods.com today. from pep in their step to shine in their coats, when people switch their dog's food to the farmer's dog, the effects can seem like magic. but there's no magic involved. 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[shouting] >> dana: a buck wild scene at an oklahoma rodeo when a bull leaps over the arena fence and into a group of spectators. you can see it right there. they immediately descended on the action and eventually able to restrain the bull and put it back in its pen. four people suffered just minor injuries in the process, which is amazing. thank god. they are expected to make a full recovery. >> john: that's something. former president donald trump wraps up a four-day campaign swing out west including fundraisers in donor-rich california where the cash tap was on full blast. trump also made a no tax pitch to millions of people who work off of tips. senior correspondent alicia acuna live in vegas with more. that had to go over well in sin city, alicia. >> the crowd really loved it, john. he had a big weekend here in las vegas. former president trump also made a much-anticipated endorsement ahead of the gop senate primary race in nevada. after he left las vegas he endorsed leading candidate retired army captain sam brown who was injured in an explosion while serving in afghanistan. trump writing on truth social i have gotten to know sam and his beautiful wife, amy, first lieutenant and i know in the next chapter of their life of service together they'll continue to make us all proud. sam has already proven his love for our country being horrifically wounded and making a comeback of a lifetime. tuesday's primary winner takes on democratic senator rosen in november. rosen said donald trump endorsed my extreme maga opponent sam brown. banning abortion, gutting healthcare and slashing social security is wrong for nevada. we'll defeat maga extremism in november. on sunday trump also made that campaign promise. >> for those hotel workers and people who get tips you'll be very happy. when i get to office we're going to not charge taxes on tips. people making tips. >> the culinary union that represents 60,000 hospitality workers responded, relief is needed for tip earners. nevada workers are smart enough to know the difference between real solutions and wild campaign promises from a convicted felon. congress has the power to change the tax law. a trump spokesperson later told fox president trump will ask congress to eliminate taxes on tips. biden has stepped up the i.r.s. going after tip workers. we'll see where this goes, john. >> john: i wonder who the culinary workers union is backing in this election? alicia, thank you. >> dana: want to bring in kevin o'leary, chairman of owe leery ventures joining us on "the five" once in a while. it would be popular for people who make tips but economically i love lower taxes, so what do you think? >> it is a very interesting proposal. congress has to approve it. tips have been controversial at the taxation level for decades because some of the tips -- they still are coming in cash -- are never put onto your form. a tremendous amount of leakage in terms of what's really due to the i.r.s. why not abandon these small amounts? tips are ten to 20% of a bill, maybe 150 or less for a meal in las vegas and so instead of going after these small amounts which for a i.r.s. are really $20, give it up, put some relief on these people squeezed by inflation both in their costs and labor costs for restaurants causing a lot of them to shut down in states like california. politically i see the point. it works. obviously if you are helping them out. a lot of these jobs are transient. you don't want to be a waitress in a fast food location for the rest of your life or waiter. and it's kind of helping young generation move forward. i like it. >> dana: let me ask you this. you are right on the politics. president trump at 50%, biden at 45%. i have a friend in democratic politics tell me they're writing off nevada at this point and thinking that trump will win it. i also wanted to ask you this looking forward the way the economy is going, there are many more people putting together their income based on the gig economy. a lot of that is based on tips. >> you're right, that's true. uber drivers, etc. that is a big boost. a tax gift, a giveaway. it may be political. in terms of changing the outcome of the election, i don't think anybody can call this election now. i've never seen it tighter. >> dana: no, i just meant for nevada itself because it's looking really good for trump. >> i don't write off any state for any candidate. the polling has been so volatile over the last two election cycles i don't believe any of it. you have to show me the actual data the night of the election and then i'll believe anything. i would say the biggest issue for both candidates one way or the other is inflation and definitely playing up nevada on home and protein on energy. it's than issue. calling a state now impossible. that's certainly as an investor i'm not doing that. >> dana: it was just a chat with my friend about politics. okay. let me ask you about home and auto insurance. this is the "wall street journal" earlier today in its editorial saying a politically-made insurance panic. auto and home rates are soaring and the causes are inflation and lawsuit abuse. look at the rates of insurance. it increases in homeowner's insurance. arizona a battleground state. a lot of this has to do with outside influences. listen to senator elizabeth warren and why she is blaming the insurance company. >> the insurance companies have kind of been playing every part of this game and now when climate risks are rising, they are trying to hang american families out to dry here and demanding either higher premiums or get out of the market all together. so there is a lot going on that poses risk to our economy. >> dana: i wanted to ask you about that. i've been watching the costs of car insurance and home insurance really hurting people. while they're dealing with inflation they see at the grocery store. >> 100% right. 100% right. let me say out of the gate my family grew up in massachusetts. we don't live there anymore. a lot of it is because of elizabeth warren. a great politician, very successful. i don't like her management style and policies. she is wrong on this. the actual facts why inflation has hit insurance so hard is not just weather. there is a tremendous amount of contingency litigation going on here where a lawyer can take down capital from a hedge fund and litigate until the cows come home and get winnings. that policy should be changed. if you lose you pay the legal costs. weather is a factor as well. one sector in our economy that benefits from a.i. this is one of the biggest. so much investment going on trying to write policies from data to a micro level of your street address that it could bring some relief to people in the next 24 months. i'm in the insurance industry and consumer goods industry. we look at this like a hawk. i have to buy insurance for my restaurants. are costs are up higher than our food and labor. we want relief there. elizabeth warren is not being helpful bashing the insurance companies. that's never useful. you have to look at why the rates have gone up. there are multiple causes. >> dana: i feel vindicated. i am obsessed with this issue and wanting to talk more about it and glad we did. kevin o'leary, thank you, have a great monday. >> this whole thing, this whole tragedy could be over. all the hostages could be home. there could be a cease-fire if hamas would step up and say yes to the deal. >> john: a celebration of freedom after israel rescues four hostages from the clutches of hamas. new details on the daring raid and why the anti-israel mob just won't give up coming up next. plus potential crunch time in hunter biden's federal gun trial. will the president's son take the stand? we're watching. customize and save hundreds with liberty mutual! 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