bailey's french toast. a baked recipe on the grill. we smoked that. >> steve: we have to point out for years you have done summer concert series where the folks come from all across the country and listen to music and you feed them and you'll do it again this year. >> 15 back-to-back to back-to-back to back fridays here in new york with the mclemore boys. >> we have all the artists that we cooked for the last two years and this year. go to amazon.com to buy this book. all the major bookstores have it and we couldn't do it without our fox family. we have stories in there as well >> yeah, baby. >> amazon, go, baby, order it. we love you so much. >> bill: good morning, everybody. a storm is coming any moment now. right now former president donald trump is en route to the

courthouse in manhattan. we expect to hear from him before this day of court begins. what is his message in the morning, anyway before stormy daniels takes the stand? we expert her to be on the stand at 9:30 eastern time. we're off and running already. >> dana: i'm dana perino and this is "america's newsroom." stormy daniels is said to be one of the key witnesses in the prosecution's case. she is expected to testify she had a sexual encounter with trump. but what will she add about receiving payments by his lawyer, michael cohen? >> waiting on those remarks. as the republican candidate faces the threat of jail time from judge merchan's gag order trump said yesterday jail is a sacrifice he is willing to make. andy mccarthy has the analysis. eric sean has the reporting and where we begin live outside the courthouse this morning. eric, hello. >> good morning, bill. a big day at court . stormy daniels, stephanie clifford, expected to take the witness

stand in the trial half an hour from now. ms. daniels likely to explained her alleged affair with former president trump as well as why she was paid off by michael cohen. prosecutors say it was to interfere with the 2016 presidential election and help mr. trump's election chances. defense said it was to protect mr. trump, his reputation, and so melania and his family wouldn't find out and save him from embarrassment. she is expected to take the stand in a half hour. she is the center of the case since it began after she went public claiming she had a tryst with trump why 2016. she tried to peddle her story to the national inquirer before the 2016 election. but david pecker told the jury when he testified two weeks ago he did not want to pay stormy for her story because he did not want to deal with a porn star. so that apparently left it up to michael cohen who prosecutor say arranged with trump to foot the

bill for stormy's silence so her claims wouldn't hurt his 2016 presidential campaign. cohen said he paid her $130,000 over his home equity line credit and paid off by trump. they say it's a violation of election law. they saw the checks signed by trump, $35,000 each drawn by his personal account to reimburse cohen to pay stormy. filing false business records. they say the trump organization illegally called them legal expenses from cohen when they were payoffs to stormy. the former president was found in contempt of court last month for attacking her and michael cohen on truth social calling them two sleaze bags who have with her lies and misrepresentations cost our country dearly. the former president has always

denied her claims that they had an alleged affair. we'll see what she says about that when she is on the stand. reports say that ms. daniels is in the courthouse behind me. she is right now in an room preparing for a historic day testifying against the former president face-to-face kicking off in 30 minutes. >> dana: let's bring in former u.s. assistant attorney andy mccarthy. what does stormy daniels add to this case? why are the prosecutors deciding to call her today? >> she adds nothing substantively. she is a humiliating witness for trump, clearly. but everything important, if there is anything important about this absurd case, has little to do with her. she has nothing to do with the reimbursement of michael cohen by trump or the way that was booked in the business records. as far as her allegations are

concerned, in terms of the case, it really doesn't matter whether it's true or false. now i think from the jury's perspective it might matter. if it looks to the jury like she is telling a credible story and trump is denying it in a way that's not credible, that could influence them one way or the other. but in terms of what is important to be proved in the case, there is no doubt that there was an allegation that she had an affair with trump in 2006. there is no doubt that there was a non-disclosure arraignment. it was negotiated between cohen and davidson, her attorney. the payment was made in late october of 2016 after the access hollywood tape came out in early october and gave her a lot more leverage. so there is no doubt that they paid her. she is not an essential witness

in terms of proving anything the government has to prove in this case. >> bill: going back to last friday at the end of court. hope hicks was on the stand. what she said and testified to was that trump was very worried about melania hearing about this. and then she said he made sure that the newspapers were not delivered to the house. and said that he wanted to make sure his family was proud of his campaign. so you have all that on friday. now today i assume the prosecution is going to go through this entire sordid deal from 15, 20 years ago and probably go into it in detail, which i think is going to leave the defendant just absolutely fuming, andy, if i'm characterizing it that way correctly. is that the way today is going to go? >> i think that's right, bill. it will give the impression of methodically building a case

when in fact what they are doing is stacking up a lot of evidence of stuff that's not illegal, which isn't all that hard to prove. but the point you make about the concern about embarrassing melania and embarrassing his family i think is important for a legal reason we should home in on and that is even if the state can prove that the entries on trump's books are false and he has got to push back on that as well, but the statute requires that they have to prove fraudulent intent. and they haven't shown that anything about this scheme to suppress politically damaging information actually defrauded anybody. and if trump -- you could argue on what we've heard so far that the last thing on earth that trump had his mind on was the federal campaign finance laws which bragg doesn't have any authority to prosecute anyway. if he was concerned about

embarrassment to his family whether the allegation was true or not, he has a motive to conceal but doesn't have anything to do with defrauding anyone, which they have to prove beyond a reasonable doubt in order to convict him properly. >> dana: just a very quick question. do we know if she is a reluctant witness? >> i don't know that we know that, dana. i think she is reluctant in the sense that nobody wants to come out and tell a story like this. she is obviously under subpoena, which means she can testify she is not a volunteer. i don't think she is hostile to the state. i think she is hostile to the defendant. >> bill: i want to squeeze this in. continued violations of this court, the question about jail time. the lawful order threaten to interfere with the administration of justice and constant attacks on the rule of law and trump said i'll wear it like a badge of honor and i'll go to jail.

is that going to happen? >> i don't think right away, bill. it shouldn't happen ever. i was thinking yesterday a middle ground you could have home confinement which wouldn't actually -- worse places to be confined than a duplex of trump tower. it puts a crimp in his style. he wouldn't be able to go out and use wednesday for political reasons for fundraising and rallies. if he kept it in effect over a weekend or two he would be hampered in that way. so he could conceivably hurt him. the down side for democrats on that is it would be so obviously intended to harm his ability to campaign that it would look even more political than this case already looks. >> bill: we have a lot of questions so stand by. we should hear from donald trump in a matter of minutes. the schedule sticks the way it has. thank you very much. >> dana: fox news alert. campus chaos coast to coast.

the university of chicago now as police there are clearing out encampments after students refused to leave on their own accord. elsewhere around the country, we're in a wait and see as rhode island school of design imposed a deadline for students to clear out encampments there. m.i.t. students are still camped out in defiance of an order to move and ucla is shifting to online classes as protests continue to disrupt college. mike tobin live at the university of chicago where things stand. hi, mike. >> hi there, about ten minutes ago the police backed off the entrances of the quad and opened up the quad and you can see a group of students have gathered at the edward h. leavey building. you can see the palestinian flags and -- a lot of chance that harken back to the defund movement and a lot of t-shirts

with defunds movements. the same people protesting. here are the university police still wearing their riot gear but relaxed posture. even as we look knee back some have taken off helmets. they don't think there will be any kind of further conflict. as we walk down around the quad here what i want to show you is where the encampment used to be. you can see all of the bleached-out grass from the footprints of the tents that were here through the duration of their encampment. it was 1:30 in the morning when we first started to get tweets that something was happening over here. and we saw the police show up and they started dismantling the encampment. students had some of these makeshift shields, if you will, that they would use if indeed there was a conflict. a lot of plywood and signs and all of the tents. that was dismantled overnight. there was a statement from the university president saying that

they had negotiated with these students who were demonstrating in the encampment but ultimately the negotiations fell apart. there were areas where we were able to achieve common ground but ultimately a number of inflexible aspects of their demands were fundamentally incompatible with the university's principled dedication to institutional neutrality. ultimately he said it was disruptive to the people coming here to get an education. some of the faculty that was demonstrating yesterday, in fact, one assistant professor i spoke with, said yesterday that they acknowledge that they were indeed disrupting some of the students' education but the greater good from the protest, the first amendment rights, students expressing what they believed in outweighed the disruption and said that disruption has always been part of demonstration. really harkening back to what he saw in the late 60s, early 70s

with students demonstrating on campus and seeing they were trying to capture some of that. the quad at the university of chicago is back open. the encampment is gone with the police moving really starting about 1:30 in the morning picking up operations about 4:00 a.m. dana. >> dana: thank you. >> bill: thank you, mike. stand by for this because the criminal trial of donald trump resumes in about 18 minutes and he may give remarks, though we haven't been given word today that that will happen. but we expect it but it hasn't been confirmed. as we learn that stormy daniels is expected to be on the witness stand. this from the middle east. >> dana: israeli tanks rolling into rafah. how the idf is targeting hamas in the group's last stronghold. >> bill: deadly tornado ripping through the middle of the

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>> bill: we can now confirm by way of x and jason miller who works for the president's communication team the president will make comments before he goes into court. so we expect that any moment. court begins in 12 minutes so stand by. we'll bring it to you as soon as it happens. may have to interrupt this story but nonetheless very significant news from the middle east. let's get to it right now. gaza. >> dana: israel on offense. idf moving into rafah, the last remaining stronghold of the hamas terror army. israel hitting hamas in rafah

despite opposition from president biden. the idf has seized control of the city's border. israel said it launched attacks including one that killed for israeli soldiers sunday. we are awaiting a major address from president biden taking place at the holocaust memorial museum not too far from the white house. the president expected to condemn a growing wave of anti-semitism here in the united states. this as we continue to see scenes like this anti-israel protestors vandalizing a world war i memorial here in new york. let's go to jeff paul in tel aviv. hi, jeff. >> bill and dana, israeli forces conducted what they described as a precise counter terrorism operation in eastern rafah at the same time you have these ongoing negotiations that are expected to pick back up today in cairo, egypt. israel saying they'll send a delegation of mediators to work on a new deal. probably in part why we saw the images that unraveled overnight

in eastern rafah. that's where israel says it pushed on with its operations in order to apply military pressure on hamas to, in part, advance the release of hostages. now during its operation in rafah, the idf says both ground troops and fighter jets eliminated hamas terror target including military structures and tunnel shafts and took over the rafah crossing on the gaza side of the entry point it shares with egypt. the move shuts down all humanitarian aid going into gaza. this is yet another example of some of these -- >> bill: important stuff from tel aviv in jerusalem. we want to take you to lower manhattan and former president trump. >> are you a victim of extortion? >> the country is on fire. there are protests all over the country. i have never seen anything like this. many graduation ceremonies are being canceled. they canceled in columbia, they are canceling a lot of them.

we have a president that refuses to talk because he can't talk, you know that. some of the statements made about this witch hunt on cnn, fake news cnn, michael moore said the proof of falsifying records has not been accomplished. on "good morning america" they said we heard that expense payments to lawyers are legal expenses. we paid a lawyer expense payments. we didn't put it down as construct costs, the purchase of sheetrock, the electrical cost, the legal expense that we paid we put down as legal expense. there is nothing else you could say. you don't have to put down anything, i guess but we put down legal expense, was legal expense. is that a correct statement, mr. attorney? and everyone is saying oh,

that's the fraud. that's what they're trying to get. we called it a legal expense. we marked it in the books. the check was signed. the other thing, this was approved by all agencies, everybody thought this was nothing being hidden at all. that's what they are all writing now. there has been nothing hidden. it went through agencies. i guess it went through the i.r.s. also, went through the f.e.c., went through everything. also nbc today show saying there is no smoking gun, no email or tape to prove the president's intent. they don't have a way to prove that. that's nbc today show. fox news, the gag order is unconstitutional, which of course it is. the gag order is unconstitutional. so with all that's going on, they have no case, every single legal scholar that i see. maybe somebody is out there,

some whack job. virtually everyone that i've seen there is no case. it's a case that shouldn't have been brought. the previous d.a. wouldn't bring it. bragg didn't want to bring it. he brought it because -- this all comes out of the white house and crooked joe biden. it comes from the white house and it's all biden because it is an attack on his political opponent that hasn't happened in this country. it happens in third world countries but not in this country. it is a shame. the trial is a very unfair trial. it is a very, very unfair trial. good news is they have nothing. thank you. [shouted questions] >> bill: the headlines there, the country is on fire. they have no case. this time bringing a series of news outlets to justify his response. the former president heads into court for what will be quite a

memorable day as stormy daniels appears on the stand. >> dana: yes. so the president giving those comments and he went through a list of commentators, including michael moore of cnn saying it has not been proven. it is paying attention to the news. well aware of what's going on and this is the first time, i believe, we have heard him himself explain legal expense as the explanation. >> bill: wasn't sheetrock or electric. >> dana: i thought it was effective. we should ask the experts about that. we have our experts with us. jonna, go to you first. get your overall thoughts about stormy daniels being the first witness called. to the question i pointed out that when the president is explaining legal expense in the way that he did, did that make the most sense? >> absolutely. what else is it? we're lawyers, we charge people for our time. when somebody pays us, that's a

legal expense. that's what we claim as income, that's what somebody else claims as an expense. it is not rocket science and makes perfect sense, yes. as for stormy daniels, she has absolutely nothing to add for the prosecution's case. she is there today to be nothing more than another embarrassment. what will she testify whether or not trump falsified records and the intent to conceal another crime? all she will be able to say i am a former porn saw who saw an opportunity to shake down donald trump for a quick buck and used my smock lawyer to do it. the smart move is keep her testimony on a very short leash. >> bill: on that point, mark, bove in the cross examination of one of the witnesses said cohen was a lawyer and payments to lawyers are legal expenses, are they not? and that's in a documents case, that's what this case is all

about, is it not? >> yes. so i was actually thinking that if trump came to me and said how should i label this, mark? i would think about it and say not as a campaign expense. that would be intellectually dishonest because you cared about melania and your kids from finding out and your brand. there are other reasons why you did that. campaign expense would seem hokey. they might come after you for labeling it a campaign expense. legal fees is broad enough to cover it. i would actually have told him that's probably the way to go. >> dana: andy mccarthy a quick note from you. now that you have heard president trump and we'll squeeze in a quick break. >> i think it goes to what we talked about before. i don't think -- what president trump is saying they can't even proosh i falsified my records. what i'm trying to point out is they have to prove beyond a reasonable a doubt he had fraudulent intent.

>> dana: we'll take a quick break. donald trump refusing to stay silent as stormy daniels prepares to take the witness stand any minute. we'll be right back. that can deliver remission and visibly improve damage of the intestinal lining. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine or plan to. liver problems may occur in crohn's disease. control of crohn's means everything to me. ask your gastroenterologist about skyrizi. ♪ control is everything to me ♪ learn how abbvie could help you save. (woman) ugh, of course it stops loading at the best part. (tony hale) i wasn't eavesdropping, yes i was. you need verizon. get their crazy powerful network out here, and get six months of disney bundle on them! and it is all good. (vo) that's right, stream on the go, with six months of disney bundle on us. all your favorite content from hulu, disney plus and espn plus is all yours,

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to help people like me in your community go to t2t.org and give eleven dollars a month. >> bill: 9:32 in new york. back with our team. welcome back, folks. here is what's going on inside the court. it's resumed. judge is back on the bench. the defense is arguing an objection to stormy daniels detailing a sexual account. no place in a case about records. the state's arguing that stormy's narrative completes the story about the payoff and details that are important especially to establish her credibility. jonna, why don't you go first. i imagine the judge probably sides with the prosecution because they are winning most of the arguments in this case so far. what do you think? >> i would agree with that but the defense is arguing precisely what i think she should argue.

she has no place in proving the substance of the prosecution's case. she is there for the salacious factor. she is there for the embarrassment factor. if this judge does agree with the prosecution and like i pointed out he has all along, they need to keep her testimony on a short leash. they have already established the prosecution already established the payment through her lawyer who brokered the deal. we got that info in. period, end of story. she doesn't need to be there. i would love to see if the judge changes his spots but i doubt if he will on this. >> dana: one of the things confusing about this. andy, you are not under oath. he said yesterday that he doesn't know of a case where the prosecution doesn't tell the defense team who the next witnesses are going to be so they can prepare. so i'm trying to imagine when the trump team found out stormy daniels would be the witness today and how do they scramble -- they assume maybe they will

call her. but that just seems like another hurdle that is to me unfair. your thoughts? >> they aren't scrambling. they know who the potential witnesses are. they might not know the exact order. someone on the defense team probably said okay, yesterday we were bored to heck with business records. what would they do next? porn star. that will wake them up. i'm sure the defense wasn't surprised by this witness. i wanted to add to what jonna said. i think the judge needs to be reminded in the harvey weinstein case. when you let in testimony about bad character, there is a chance that your case can be reversed on appeal. if you are going to let stormy daniels go off on all the salacious details, be prepared to have another issue on appeal should in the unlikely event in my opinion there be a conviction in this case.

>> bill: more from inside the courtroom. the judge is asking for specifics on what details they want to talk about, prosecution wants to walk through the full story of the sex act in the hotel room and how she felt about it. >> dana: that's crazy. >> bill: now the defense is saying there is no need for all this. no need for the details. there is an issue with her credibility since she signed papers saying it did not happen but they'll get into that during the cross examination, got it. andy, just on those points. analyze it. >> just to push back slightly on my co-panelist. first of all, if anything, we know at this point in this trial they are not worried about the case getting reversed on appeal. the objective is a political one to make trump a convicted felon so biden can make that argument in the run-up to the election. if the case gets reversed down the line, they aren't worried about that right now. secondly, to jonna's point, it

would be important to try to keep her on a short leash if you could as the defense. the problem is, once the judge decides to let her testimony in, then if you begin objecting because the prosecution is taking libertys to fill out the whole narrative you look like you are trying to hide something in front of the jury, which is why it's very important if they have any chance of getting this thing narrowed down, they have to do it now because once she is in the witness box, and the questioning starts and the jury is sitting there, you don't want to be flying out of your chair every ten seconds objecting. >> dana: i'm never afraid to ask a question that might sound like a dumb question. jonna, is the jury hearing the arguments that are happening right now about whether she should be a witness? >> no, that is not for the jury's ears. it happens before they get in the courtroom rightly so. >> dana: i can almost imagine the jury, if they could hear this discussion, would say we

don't need those details, thanks. we're good. we know something happened, fine. we're here to talk about records. them not being there gives the judge a way to rule and may perhaps imagine this in trump's favor? >> well, that's what he is supposed to do. that's what these extra arguments outside the jury's presence are supposed the accomplish. look, maybe this backfires. maybe i got it all wrong and the jury will see this testimony for what it is, another opportunity to rub donald trump's nose in something that has nothing to do with the 34 counts of this case. they've seen the check, know the payment. heard from her lawyer, period, end of story. maybe it will backfire like some of the threats from the judge are backfiring wanting to throw donald trump in jail, etc. >> bill: the next witness is not stormy daniels. the next witness is sally

franklin. she worked at penguin random house. mark, i want to make two points here. trump did not mention the witnesses when he went into court today. that's one thing this judge is hot on and why these gag orders keep applying because sometimes he talks about the witnesses and the judge doesn't want it. i was trying to find this quote from yesterday. i just found it. don't mean to be repetitive but this goes to a question we asked you about 20 minutes ago. trump says we didn't put this down as sheetrock or electric wiring, right? so trump's attorney said to the witness yesterday, quote, michael cohen was a lawyer. sure, yes, says the witness. and payments to lawyers by the trump organization are legal expenses, right? and he responded yes. i know you want to argue game, set, match and maybe you could. can you? >> i wouldn't at this point. i think that anybody who says

game, set, match has never tried a case to know that you wait until the prosecution rests their case. i'm going to see after cohen is eviscerated do they have the smoking gun? is there an audio tape where trump says the sole reason why i want daniels paid off is because of this election? we know it doesn't exist, or something in writing that's the equivalent. barring that, then game, set, match. reasonable doubt all over this case. you have to wait until the prosecution rests their case to say convincingly this case is over with. >> bill: okay. andy, quick comment there and we will probably squeeze in another break here, andy mccarthy. >> this is why precisely why i keep making this lawyerly point about the difference between fraud and inaccuracy. what trump is stressing here, i think, is a good argument that these records are not even the way they kept them are not even inaccurate.

the state has to prove fraudulent intent beyond a reasonable doubt. i don't see anything in the way of fraud here. >> bill: team, stand by. let's get in a break. who knows where we go next, dana, who knows? >> dana: i will be here with the dumb questions, don't worry. >> bill: we'll be right back as our coverage continues right after this. >> tech: need to get your windshield fixed? safelite makes it easy. you can schedule in just a few clicks. and we'll come to you with a replacement you can trust. >> vo: schedule free mobile service now at safelite.com. ♪ safelite repair, safelite replace. ♪

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>> bill: just as a reminder the jury is in the room. judge on the stand and the latest. sally franklin is the witness on the stand from westchester county, new york. she worked for penguin random house, editor, senior vice president. she is testifying about a manuscript that apparently was never printed without the author's approval. just reading through the notes from our team there inside the courthouse. back with jonna and mark and andy. andy, you go first.

was stormy daniels hawking a book or do you recall? >> i don't recall that she was hawking a book or that the other witness, karen mcdougal, who is also important to the state's narrative. i don't think she is important to the charges. but to the story they're telling the jury. they were looking for avenues to get their story out, which would give them more negotiating leverage to try to demand payments for non-disclosure purposes because that might be more lucrative for them than book writing. i say as someone who has written a few books. >> dana: the other thing is, jonna, you can't do a -- you can't pitch a book and expect it to be hush money. you want to tell the story. a book is not an article in the "national enquirer." that will be read by more people probably but probably 1,000 words or 2,000 words. a book is like 60,000 words. i don't know how much she was going to tell and makes me

wonder what they were thinking. i imagine they were trying to get paid in some way and that a book deal looked like a possibility that they were just maybe casting a lot of lines out there to see who would bite. >> they were looking for quick bucks and they were looking to expand on the quick bucks. just like we may see, guys, in the future, any one of these jurors looking to write a book and capitalize on the experience and repurpose the experience. so mcdougal, stormy daniels probably were looking to do the same thing. it didn't work. it worked a little bit but it didn't work far into the future. that's what i suspect happened here. >> bill: she works for penguin. brook tells me stormy daniels did write a book but it was under st. martin's press called "full disclosure" written in 2018. >> that's news to me.

i wonder how high up on the best seller list that is. they were all looking to capitalize on donald trump and to embarrass him into writing more zeros at the end of the check. it is unfortunate and unfair. that should be illegal but nothing donald trump did in response was illegal. >> dana: i'm seeing it here, mark, on amazon stormy daniels has 4.3 stars just in case anybody -- you can get five. 3.5 on good reads in case anybody was checking called "full disclosure." how do you think it will go? do you think the judge will let her go forward eventually? >> yes. there will be some testimony. i only gave her 1 1/2 stars. there is no question the judge is going to allow her testimony in some capacity. but i think it's reversible error. i think it is problematic when

you allow her to get into all the steamy stormy details of what they allegedly went into. that's prejudicial. i think it will say a lot about this judge if he allows all that salacious testimony in. >> bill: they are going through certain pages in donald trump's book right now and i guess the state has picked out a few pages including this, page 71. pay attention to the details. if you don't know every aspect of what you are doing, you are setting yourself up for unwelcome surprises. i don't know where we're going, andy, give us some direction and street signs out there. >> i think it's completely outrageous. thank god we have brook who is a great reporter. what's the relevance to whether

records were falsified from february to december of 2017 that a porn star wrote a book in 2018? what does that have to do with anything? >> another page they are showing. sometimes you still have to screw them. for many years i've said in someone screws you, you screw them back. trump in his book. when someone hurts you, go after them as violently and viciously as you can. as it says in the bible an eye for an eye. does that make sense? >> it makes sense if your purpose in this exercise is to humiliate trump by taking some of the things that he said in i guess this is "the art of the deal." by taking some of the things he has said publicly and putting them up against what the porn star said in her 2018 book which was 12 years after the affair, two years after the

non-disclosure agreement, and at least a year after the crimes that are actually charged in this indictment took place. obviously the point of this is political humiliation. i don't see what on earth is the relevance here to whether trump caused records to be falsified in 2017, which to remind everyone, this is very hard to remember in this case, that's what the grand jury's indictment charges here. >> dana: right. that's a good reminder, andy. we'll have much more coming up about this court case underway right now. there are 22 minutes in the first witness is on the stand. and there is this. more anti-israel protests on college campuses throughout the country. we will follow all of these stories for you and be right back. >> it was never about freeing palestine, as they say. it is finding some kind of community for people who clearly don't have one and spreading

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live in the moment. ask your doctor about otezla. >> bill: welcome back. they're reading right now to the jury and to this woman on the stand there what appears to be passages from "the art of the deal." 3:00 p.m. all en weiselberg comes in for a meeting. the trump lifestyle. many of the exhibits the jurors are seeing and the witness is being asked about it. as they go through that we'll let you know what is important coming up in moments. there is some important other news to get to, dana. >> dana: let's get to that here. fox news alert. and just a few minutes ago the u.n. secretary general updated reporters on the situation in gaza. here is what he said. i'll talk about it on the other side. >> i ask my appeal for both parties to show the political courage and spare no effort to

secure an agreement now. to stop the blood shed, to free the hostages. and to help stabilize the region, which is still at risk of explosion. >> dana: that's at the u.n. because they know something is happening. not a lot of pressure being put on hamas as usual. incredible that from october 7th the massacre of a justified retaliation has become labeled a genocide by israel. pretty amazing how the left was able to pull that off. but israel standing strong and as you can see there making a move. we'll have more as it comes out. >> can't really say much about it right now, hope you can understand that. a better question put to the d.o.d. colleagues. we're aware of the case. >> american soldier being held in russia. gordon black arrested a week ago on charges of theft. dan hoffman, former c.i.a. station chief and fox news contributor. good morning to you. don't have a ton of time here but he was stationed in south

korea on his way home. he went into far east russia to visit his girlfriend and now he is being held and charged with theft. piece this together based on putin's history and what we might be able to glean a week into this story. >> i think the girlfriend is the key, bill. she was reportedly deported from south korea and i'm quite sure she was in contact with staff sergeant black. she might have lured him to russia. so that he could be arrested there. it is another one of our american citizens now. we can't leave anyone behind but vladimir putin you can be sure will seek to extort us to get the maximum gain for him through some swap that would serve russia's interest. >> bill: this is indeed a curious case and you are suggesting he was set up. >> yeah, absolutely. this was a relationship he probably had when they wer