280, we ch a history, we see modern history and what's swirling around us, there is no excuse for us, not to make sure that come november that we take our country back, despite all that is taking place. the great uniter joe biden is an arsonist, he's blown up the world and blowing up america. he shuffling through his presidency like he is a great hope. we need to send him back to wilmington and rehobeth and all the reprobates that surround h him. we need to take our government back, republic back, we need to take our country back or will go the way of athens and rome. i'll see you next time on "life liberty an ♪ ♪ >> trey: good evening, andus i

thank you for joining us. i'm trey gowdy and it is "sunday night in america." auntie's israel protests have turned college campuses into dangerous zones for jewish students.co the purpose of free speech is ti register dissent. it has now been used as free text for hate and hate typos the exchange of ideas. hate quells reason.s why go to college if so sure you have all of the right answers in the first place? because the right answers never judge someone based on race, religion, nationality, or gender. the biden administration has been reeling from the decreasera in support among young people.mi so biden wants it both ways,is support israel but wink and nod at the anti-israel he voices in his own party. what is happening on theng o so-called elite college campuses is too much even for him. >> this is a deeply, painful, a painful moment for many communities, and w de understand that.

but what the president believes free-speech debate and nondiscrimination on college campuses are important here thep are important american values, and so he will always be very clear, we will always be clear here about that here.otes but protests must be peaceful. students must be safe. when we see violent rhetoric, we have to call that out to. >> trey: you have the right to u free speech, the right to tedpeacefully protest, the righo deeply unpopular and even unwise opinions, but you do not have the right to threaten others with violence, know how much i.d. is being off the walls of the building pure joining use la new york congressman mike waller. welcome, congressman, what ise th going on with these threateningt dangerous protest on college campuses, some of which are happening in places where you are familiar and a member oflowi congress, following this? what is going on on the college campuses? >> well, unfortunately, trey,

anti-semitism has been brewinges on college campuses for years.,h these students have beena an pedaling in it, promoting the bds movement, and really, obviously in the aftermath of october 7th, it has been hyper charged. and congress c must act to crack down on it because these universities and collegemi presidents andni administrators are failing in their responsibility to keep the students safe and to ensure that there is a free exchange of ideas.exch but based in truth and reality and not anti-semitic rhetoric to threaten and target jewish students. so that is why this week we will be voting on my billti-s anti-semitism awareness act require the department of education to adopt the workingem definition of anti-semitism in all of its contemporary examples for its discrimination

enforcement cases. you have to be able to define it and crackdown on it and that is what we are aiming to do because these administrations are failing miserably. >> trey: congressman might think to anticipate my nextth question and also the question the viewers have, which is, they are wondering whether taxg dollars of publiwhc monies are going to schools that eitherca can't or won't condemn racist, anti-semitic activities. >> well, bottom line to me is you need to be able to define what anti-semitism is, enforce it, and if schools are failing in the enforcement, than they need to be stripped of federal dollars including student aid here that is why i introduced up anti-semitism on college campuses act which would define institutions of higher learning. when you seeee w what is happen, a situation where there is clearly paid agitators andly p protesters who are involved in this. "the new york post" reported on the ost just the other day with

these outside groups fundinge pr many of these protests on college campuses. but you see that often times, it requires the power of the purse to get these institutions to act. and the threat of taking thosent federal dollars away, surely,ny will cause many of them to do twhat they should have been already doing, which is put an end to these protests pure they are not rooted in fact. they were not rooted in realityn they are rooted in anti-semitism. the fact that these schools have allowed it to happen knowing full well if these are protestss against black people or protesto against immigrants or protests againsoolst gay people, the schs would rightly crackdown on it right away. bullowt they are allowing it to happen under the guise of the israel/palestinian conflict. but we know what it is, it is anti-semitism at its core. >> trey: congressman, before i will let you go, i want to listen to the president together with you and ask you a quick a

question on the other side.emn >> do you condemn these s.anti-semitism protest on colle campuses? >> [indistinct] i also condemn those who don'ti understand what's going on with the palestinians.inia >> trey: he reminds me of his p old boss, president obama when i condemn burning children andhe allow them to use as a war but t condemn trespass and occupy land here there is no equating hamas with israel. how do you make this war is impacting american politics? >> well, clearly, it is having an impact on electoral politics, chuck schumer calling for regime change, nancy pelosi .4ng benjamin netanyahu to resign. t the president trying to have it both ways here appear they are concerned about michigan and other parts of the country rather than the reality. listen, i wanted palestinianple people to be free, also, from the oppressor, hamas, noessotarh

israel. israel is not apartheid state, it is multicultural, multiethnic, multi-in the middle east in onest a of the closest allies in the world. we should be standing be sshoulder-to-shoulder with tm and working to root out terrorism across the globe, including hamas. >> trey: congressman mike waller, from the great state of new york, thank you for joining us on a sunday night.e i will continue to invite you want ai s long as these issues s exists, and i'm afraid that is going to be for a while.be thank you for joining us. we know the middle east is on fire. amino robert hayes warned us joe biden was wrong on everyrong significant foreign policy for the past 40 years anreigd we kna national security nick sullivanngs was wrecking how qut it was in the middle east right before hamas started cutting the heads off of children.dl speak with the middle east ie s

quieter today than it has been o decades. now challenges werwo dese made i iran's nuclear programon the tension between palestinians and israelis but the amount of time d on crisis andst t the middle east today with any of my predecessors going back to 9/11 is significantly reduced. >> trey: maybe he should have spent more time investigatingin and less time cracking.me the question is, how will republican administration, in particular the trump administration do things differently? what would astra trump administration look like from foreign policy standpoint?the let's turn to the very popular radio host mr. uu it, thank youi for joining us. if you were offering insight, who should donald trump pickck first let's start with a running mate., he picked as a running mate and why? >> well i might have a shortma list congressman, goodn, to see you again. i like senator cotton and former

secretary of state mike pompeo. i like joni ernst and i like governor youngkin. i think all of them can do the job of a candidate and all ofjo them and do a job of the president if need be. so it's got a long list. it is a very deep pinch, but i he hwould like him to pick whate will call mainstream conservative experienced boys who has the competence of the entire party and solid on national security. so i like thos e five, sixn people. >> trey: i will focus on twou me of them and you mentioned tommy cotton mike pompeo that takes them off of the boar d for the next question, at least, your choice for the president shouldf consider or pick for secretary of defense, secretary of state, head of the cia? >> well, very good. you anticipated me. if one of them doesn't get a name for vp, they should go topp defense, cotton or pompeo. we can show how quickly events

move and both of them are soldiers, both of them know what it means to round the department of defense. i would like them and defend spirit cia if not the chief ofin staff whom i like john ratcliffe of .ra thtce state of -- ric grenell, d might get put back in the national securit y advisor's office, but you need someone who can get confirmed and you need someone over at the chief of staff. you know this, congressman. the chief of chief of staff runo ever think the two mostf st important jobs in national security advisor. this time around the formere fo president and the future president are going to have a olong list of people they can trust and rely on. i like those two ratcliff and ric grenell and both o'brien back at the nfc. >> trey: i feel like this is an nfl draft where it took the state much, much higher. you mention my friend john lee ratcliff if chief of staff that means he cannot be the agn he cannot be the new head of the

fbi. so if ratcliff were off the draft board, who would your agb, and would you recommend a new head of the fbi? >> the age, absolutely. n i have nothing against christopher wray, but i think there is a certain congressman who used to be an assistant united states attorney who hadta done pretty well iten sunday nil 7:00 p.m. on fox it would run the fbi pretty well with house oversight and i don't mean tok embarrass you congressman but you would make a great fbi director. d ag, you have to beir confirmed. so you have to be senator, sonf thatir is cotton or cruise becae they both would not be did toward by the millions narrowing filmic barreling and they are for the five years of transition to the new regime. and i go back to the people who undermine former president trump, future president trump, got to get rid of them and bring in a new group of people. there are a lot of good u.s. attorneys that serve president trump before and they will be back with assistant new

attorney general's tople, s se t the top of them i would like toe see mr. ratcliff or senator cotton or senator to cruise. >> trey: i tell you, i wishe th you were the general manager for the dallas cowboys because you do a very good job with these mock draft choices. i want to change to the debate. both candidates claimed they can't wait to debate. here they are talking about it,e and then i will ask youme something on the other side. >> i don't know if youer s can debate your opponent. >> i ai dom somewhere, i don't w when but i'm happy to debate him. >> i'm willing to do it monday night, tuesday night, wednesday. night, thursday night, friday night or saturday night nationae to live vision.here i am ready and i will do it at the white house. >> trey: i think our current debate structure is like one step removed from being worthless. we are picking the leader of the free world, and you have tolead answer questions in 30 seconds. if hugh you it was in charge, would you change the

presidential debate structure and how? i w >> i would go back to the most successful debate of my adult hood when joey and dick cheney sat down round table with one moderate here though sort to smart men who had a very funny, by the way, funny at the time but a very serious conversation about the future. i would do that again my and the trouble would be -- the president is in ferment. president joe biden will not debate. they are afraid of that. the white house correspondents' dinner last night, but i don't h think he will make it through a debate pure defining a moderator both sides would trust, i mean fair would be tough. you u might have to let each tem pick one with a veto on thewith other side. but i tell you, congressman, i cannot imagine president biden agreeing to debate president trump because president trump has got more energy than ten joe biden's and more charisma and more star power. therefore, i don't see it happening, team biden, although

that new poll that came out today, he may have to throw autt hail mary because he's down sixg points, biden.et trump's lead is getting bigger and they don't like the national security, the campuses, and they really wish they had the trump economy pre-covid. >> trey: you when i get to the middle east. but we will get there next time, mr. hugh come i love having you on the show and thank you fore joining us on a sundaya night. >> thank you, congressman.man. >> trey: coming up week, too, the state of new york versus donald trump starts tuesday. whatd look for and how to read the supreme court on the community case from this past week. former doj official tom. his next.

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>> trey: week one is in the books. the prosecution tried topros convince the jury that the trump campaign engaged catchingvinc cooperations to further his electoral prospects. killing negative stories toerve preserve marriage or reputation of your business is not likelyra enough for the prosecution to prevail. not on a felony. they must connect it to agn o federal campaign or election crime. and that trial may not have been the interesting part of last week. the supreme court heard arguments in the presidentialher immunity case where we learned,e once again, while the french isa make the most noise, the truth s usually sleepingsome somewhere n the middle. most people acknowledge winning the white house is not a license to commit crime with impunity or immunity. and most people acknowledgemost presidents cannot constantly be worrie d about the civil and criminal ramifications of their decisions or what some overzealous county d.a. decides toication do.aw presidents are not above the

law, but presidents are different and that is with the supreme court must flush out. where is that middle ground between treating a president tinglike a monarch and treatingd president like an average person and will the court take a pass and send the case back to the lower courts? joining us a former deputy assistant attorney general tom comeaux thank you for joining us. first of all, what did you thina of david as a and to advance the case? >> i think he did what the prosecutors wantedpr him to do, which was basically setting the stage and framing the case istaa way that will come in their view condition the jurors to view thw evidence as it comes over the course of the next few weeks. what we get here is tangible evidence trump committed a crime he were to be lot about this shadowy world of the new york tabloid seen. we heard how pecker engaged in

so-called catching cooperations on behalf ofbeha other politicis and other celebrities. but the prosecutors, at the end of the day, put a lot of thoughts on the stage but yet to connect them. we will have to future witnesses and probably wait a few more weeks before the prosecutor start drawing these connections of crimina of l activity for the jury. >> trey: as fascinating as thean "national enquirer" is come i want to move on to o something a little weightier with you.om it seems clear that jack smithmh january 6th case is not going to go to trial before november. but what else became clear to you in the aftermath of the oral argument and immunity text? >> what became clear to me is that trump's argument that allowing president claire was to be prosecuted for official acts while in office, that argument resonated withment the majorityt justice about the wars that could follow if this became are regulagur practice. and to be sure and i think youe

are exactly right in your opening when you said the court needs to walk middle ground here between total immunity and, you know, allowing presidents to be effectively above the law andw engage in activity but the the question is where the supreme court strikeremes the balance. i think they will recognize some sort of presidential immunity. they will not go as broadly as t trump would like them to go, bul recognize immunity and i think they will send this case to the lower courts what probably will be weeks if not ml fact-finding and decision-making making it all but impossible fo a trial to go forward before an election. >> trey: you know, tom, my favorite part of the oral argument is when the supreme court summarize the d.c. court of appeals holding trump may beldin prosecuted because tp is being prosecuted.s i think the fancy word being tossedng by the justice, you dot get a chance to hear that word very often in ordinary life. o i want to listen to a clip of

the argument together and then h will ask you a question on the other side. >> did i understand you to say welcome if he makes a mistake,ma he makes ake mistake. is subject to the criminal laws just like anybody else? like you said, special,ll particularly precarious position? as you indicated, this case hase huge implications for the presidency, for the future oftu the presidency, for the futurere of the country, in my view.icie >> there is sufficient allegations in the indictment in the government's view that fall into the private acts bucket that this case should be allowed to proceed. >> trey: i hav e a two-part question for you because you are a smart guy and i know you can handle this among my other lawyer friends who cannot. there seem to be two issues. one is what kind of immunity an. where is that middle ground? the other issue, then constitution doesn't say anything about it. so for textual lists where originalists, host ow did they create this immunity if not specifically reference in the

constitution? >> those are two great questions. ons. on the first question, what came out from those questions particularly the ones from justices alito and justice cavanagh, they are writing ad th decision for the ages. they appreciate that yes, the president is different than all other americans and yes, thishe rule whatever they decide will be applied in the cases of all future american presidents here this is not a trump only special but something that will have a long, lasting, enduring effects nation as a whole. i think what justice jackson wan getting at in her question is, really zeroing in on this -- it's a tough question but whatei are official acts and unofficial or private acts?r i think all of us can get our head around there are some things the president those thath are presidential acts. we can also understand there are some things the president mightd tdo in his unofficial or persol capacity but recognizing that difference doesn't mean you can articulate a rule that enables you to identify which acts fall on which side of

the line, at least not without spending a lot of time in setting evidence, making very, very complicated a assistance. that is the task that awaits the supreme court. >> trey: that is the task you and i will be undertaking over the next couple of months.i thank you fowir joining us on a sunday night, and we will see you soon. >> thanks a lot. >> trey: up next, tiktok may be gone, but the cyber threat from china is not. congressman dusty johnson serves on the house committee on china and joins right after the break.

♪ ♪ ♪ ♪ >> welcome to fox news live come i'm ashley strohmier in new york. the cease-fire talks expect to begin in cairo today and hamas has been reviewing a new proposal from israel. details of the offer have not been released but recent proposals have included a six week pause in fighting an exchange for the release of some hamas-held hostages. the meeting comes as president biden continues to pressure israel's prime minister to avoid pursuing a ground invasion and rothko wit plan to protect civilians. and on the front line and worsen in the face of multiple russia techs and army officials say forces have had to retreat from eastern villages while they

await arrival aid from the u.s. president biden $961 billion aid package last week and promise shipments will begin immediately. i'm ashley strohmier back to "sunday night in america." ♪ ♪ >> trey: welcome back to "sunday night in america," newne to sell the platform interface o ban in the u.s. and a parent company threatening to shut it down, which would have no impact on my life, but surely will not go well witht go tens of millions of people who use and access tiktok you are and what also doesn't go over well is espionage and the theft of intellectual property. the fbi director christopher rae accused china of the largest most sophisticated theft ofhi intellectual property and expertise in the history of the world, and the u.s. figuring ths ouhis t too late or do we still have time for joining us a member of the house select the

michael dubke committee dustintc johnson. welcome, congressman. i don't use it but for those among us who do and don't want it to go away, tell us why this law passed? >> of course, tiktok's chinese malware, junk food for our brains, but that is not why the hill sent us senate cameus together in strong bipartisan fashion to force the chinese communist party to divest themselves from tiktok. the reason we did it, trey, you can allow a foreign adversary te control that much of the american public square.ed t we would never have allowed the soviet union to buyrk t "the wall street journal," "new york times," cbs evening news, and in the height of the cold war, and we should not allow the communist chinese party to s do it today either. >> trey: all right, i know there are young people upset because i have some in my own life. i just want you a chance, christopher you have information

to information that other peoplo do not. the connection between tiktok and the chinese party, lay ou thet what you can for thn this issue. >> first off, i would put their minds at ease. i promise american teenagers,ee there are other platforms wheree you can see cute dance videos. p tiktok is not an important part of your life, even if you feel like it is here and here is the reality though, we know we have whistle-blowers that have toldhe us the chinese communist party ha s use that data for a breathtaking number of ways to go reduce liberty in this county and i will give you one example, a journalist at tiktok on their phone went to go interview a chinese american family about repression in china the chinese, ncommunist party figured out nt because the chinese americans had to get talk the journalists did appear they were able to identify who the chinese-americans were. they gobbled up their families an dip picked t up their family still

living in china and imprisoned them here that family has not been heard of again.fa that is repression, that is tierney and let's not let the chinese communist party do that. without help. >> trey: congressman, there will be court challenges because there are always court challenges. how do you evaluate claims of cu free speech with the right to protect citizens as you laid out from level and actors? >> our federal government cannon regulate content and of course that's not what we are doing. if you want to put junk food garbage in your brain fromour tiktok, that is fine but ii' suspect they will sell it to somebody else and still be able to main line that garbage inegul your brain. we are not regulating content, but conduct, clearly permissible. all we are saying, this platform has to be managed and controlle by somebody other than our foreign adversaries. i suspect that will hold up to scrutiny. >> trey: before i will let you

go, tony blinken is worried china will interfere in the coming general election. here he is, and i will ask you a quick question on the other side. >> i have seen, generally speaking, evidence of attempts to influence and arguably interfere. we want to make sure that it isq cut off as quickly as possible. >> trey: you know, congressman, i think the irony of talking about election interference is actuallyrfer prosecuting of nominee is lost on him. but regardless of the outcome every cycle we hear allocationsy about election interference by foreign actors. how concerned shouldrs we be ths cycle? >> we should turn the concern dial all the way up to 10 up you were window during the lastn an election, three quarters of the miss information campaign on fak were traced backca wer to russian tool farms, china has made a bigger investment in recent years and chinese hackers and propaganda artiststist

outnumber our cybersecuritybu professionals witht the federal government by probably 50-1. we have to wake up to this threat, and frankly, all of us have got to quit sharing information that we don't know is true on her social media platforms. china and russia are going out of their way to make sure white is fighting black, rich is fighting pork on city folk fighting country folk and republicans versus democrats. when wfie share informatioghn tu might be propaganda from the ccp orropa russia, we are doing ther bidding for them. not when america's united to, nothing can beat us, china and russia figured out pot stirring americans made their life a lot easiert ea. chinese and russian tyrannical regime lives a whole lot easierg >> trey: you are right, congressman up here the only that can defeat us is a spirit congressman dusty johnson, the great state of south carolina, thank you for joining us on aan

sunday night. >> thank you.ey the deputy secretary general of nato joins us to discuss the threat from russia and america's role on the global stage here that is only on "sunday night in america." $100,0 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. ey

♪ ♪: welc >> trey: welcome back to

"sunday night in america." nato has been around since most of us have been around. this alliance was forged in the aftermath of world war ii.rmat agreements were made byies countries of good conscience to defend one another from what was then called and acts of evil. three of the forces joinedsrup together to disrupt the world order. the countries may change overge the course of history, but the battle remains. versus evil, freedomus t versus tyranny a world led by the united states or a world led by others. in article five treaty should at nation be attacked and otherers members will help. it has been invoked once, by us, after 9/11.11 and member nations did what they said they would do.ey s they came to our defense. nato was with russia's invasion ofde ukraine and finland and sweden decided to join.r but ukraine is not a member.

ukraine wants to be a member but it is not. ukraine is, however, a buffer between russia and other natotwe countries, which means ukraine may well be a buffer between oud soldiers fighting russian soldiers in the eastern europe. it is true, the u.s. is not treaty bound to defend ukraine. but if there is a belief that helping ukraine defend itself now actually keeps the u.s. out of a brawl of war.an then come of course, the oldd fashion notion, it is the right thing to do, to help a smaller nation defend itself against an unprovoked attack from a bully.c congress recently passed and aid package which included money to ukraine, like everything elsee h these days, it was it controversial. ukraine may lose this war even losewith the help here at ukraie will most assuredly lose the war without it. come too late? joining us now, the deputy

secretary general of nato. welcome, sir, thank you forfor joining us. give u s your take on the war in oeastern europe and the aide fr ukraine, whether it came too late? >> i was in washington, d.c., ie the senate when the legislation was passed. of course, the delay of such important legislation created some impact on the battlefield.t but it was not decisive. we believe it would have helpedp our allies andar partners of ukraine, nato. the u.s. support is roughly 50% of the aggregate support coming from other allies in support of ukraine. and as we are little bit overoptimistic of hamas back atk the beginning of defense, we should avoid to be overs pessimistic at this point in time. it is a more delicate time on the battlefield, but we know with all thehe help, resilience and bravery of ukrainians, they will b be able to extend and in

the end prevail in this warndin because they are war is our war appeared as his release said, in fact, they are fighting our figt against an aggressor. and let us not forget that others like china are watchingle how things are developing in ukraine. and they are actively watchingan and drawing lessons what to do n or not do. but i am confident ukraine will derail and our support as well as thoses we for this great natn in europe and also an example to the rest of the world. >> trey: you mentioned something that i think necessitate to follow up. americans hear a lot about number contributions to th eut chronicles of nato. our other nato countriesu me stepping up? you mentioned the statisticsbu 50%, but i'm just asking are they stepping up for the common defense under nato? and with respect to your a ukraine, the u.s. doing alone bt

when i hear you speak, it is acs intended and other countries ar. >> yes, they do and probably should do a better job of communicating better to the u.s. congress and american international media. all nations and nato do support ukraine. i will give you an example. they don't have an army, and they still are putting disposal of transportation, you know, airport, and this is something that happensan from small and bg allies and nato. let's not forget close to 50s nations, not only u.s., not only nato, but other nations are supporting ukraine from in the pacific. and the democracy and fight for ukraine. when we add up not that we need the support, but there is also a lot of macroeconomic and financial support for ukraine. there is also money.

or speak about humanitarian assistance for ukraine.ak there are lots of refugees, peoplessis with kids, that euron nations are takingna care of yor this is also costing money. but if you put the aggregate america plays a big, big role but far from being alone, each of u s are doing our part. each of us to understand it is a common struggle for freedom, democracy, and norms in this very convoluted world we aretr living in. >> trey: before i will let you go, let's end on a happier note. there is an arms raised but also a technology raised. what is nato doing, and how is nato doing and the competition to attract and retain the best and brightest minds as it relates toas i technology? >> listen, i cherish innovation in nato. we are just tarnishing, theinno immense innovation system across our great alliance and also

honest. you see the science behind me at ths e purdue university, one ofl the leading edge universities.ey yesterday i was at mit in boston. we have 140 different places around the alliance working on innovation for our security and for our freedom.king nato is also the first organization in the world putting together and we are now operating the nato innovation fund, the first multinationale sovereign venture capital fund. in nato, 32 nations, now sweden the latest in u.s. with nato, gdp in nato. we are more than 50% of globaldl defense spending in nato. we are formidable for spirits oe this is why nato is so important ebony five years since our funding, god bless their souls and nato, now heading for the washington summit in july. nat we are ready to continue to doto what we are meant to be doing, protecting freedom, 1 billion people, and this is the sacreda

mission of our great alliance. >> trey: thank you for your service to nato and theates united states. coming up, we update you on the quadruple murder of universityyo of idaho that captured theidah attention of the nation pure the trial is coming. fox news contributor paul morrow is next on "sunday night in america."

everyone has a community: a neighborhood, school, kids' teams, where you worship, work, work out, or any other place or group where you choose to belong. communities can provide support when you need it and even when you don't know you do. like when it comes to preventing underage drinking and other substance use. community members can be your eyes and ears when you're not with your kids and alert you to signs of potential problems. ♪ together in this life ♪

♪ ♪ >> trey: welcome back to "sunday night in america."

death is difficult, the litigation and the judge presiding over quadruple murder case bryan kohberger is proving that. judges are going to give leewaye to defenses attorneys in deathi penalty cases. that is a fact.al this judge is allowing defense to question potential jurors ahead of time despite claims by the prosecution that will poison the jury pool. about winning a pretrial jury will not be much an alib gi of e stargazer. s his defense attorney said in court filings, mr. cho berger was driving in the early hours of november 13, 2022 as he ofteo hike and run or see the moon and stars. four butchered college kids versus a guy out for a stargazer.l se i think how i know this one will to see we should wait what a jury does. let's turn to one of my favorite law years on the nypd inspector, mr. paul mauro, welcome you are tojudg poke him with judges tret

capital cases differently on prosecutors don't get close close because judges are so fearful of being reversed. what do you make of potential jurors this early ine. a case?ha >> first of all, congressman, thank you for having me. i think what they are trying tto do is strengthen their change of bvenue motion, which is curreng pending. the strategy would bnothe as follows: let's get enough polling in and by the way, the polling is going forward despit the challenge from a very contentious hearing and things got heated but at the end of da the day, the judge did allow it. so i believe what the defenses looking to do before the hearing on the change of venue is she is looking to put together a compelling case in the county, which has 40,000 permanent residents. bryan kohberger cannot get a fair trial here at the survey, the phone survey they have been using demonstrates that in so as a result, the case has to be moved to a different place andue idaho.

>> trey: let's move from ben yoo and i want you to refresh your recollection on the most i significant pieces of evidence in this case. we all followed it during the investigation and the aftermath. but it's been a little while. it wasn't dna found on a knife she at a murder scene?nd his dna? >> it is and this case went out you and i spoke about it beforep kohberger was apprehended which is a combination of digital evidence, video and ultimately the dna found on the knifesc sheath at the scene that is really at the linchpin of the case. so kohberger has since filed hir alibi with the court, which is required under idaho law. under jurisdiction, the prosecution has a chance to investigate it. he is going, as i mentioned the moons and stars defense which ii despite the fact the digital investigation shows his phone 12 times in the weeks leading up t

the homicide, that it shows his phone and the area of the house. reportedly, his phone was so the close a number of times it hit the wi-fi inside the house.and he is claiming now he was and driving around that night andd that he was looking at the moon and stars. let me just for self position sake leave where i think this in going. he will use an expert, an ex-cop to say that the period while his phone appears to be dead in digital record that the prosecution is relying upon, he was in a place called while the y park. why does that matter? as i can ascertain online, ati a the park does not have wi-fi.ss so if i had to guess, and i'ml r just guessing remind ourselves he is innocent until proven guilty come i think where theye are going with this, get the phone was off-line not because e turned it off in an attempt

to compensate his movement, but stargazing in the park and could not have been there.uld and ignore all of the others evidence including dna, the d video of his car at the same come of course, the digital evidence that shows him in and around the house numerous times. >> trey:ing in a you know, pauld you and i sitting at the prosecution table, his interest in stargazing was put on pause long enough to leave the area shortly after the murders andng head back to michigan where they also found incriminating evidence. so, i hear you. it's got to have some kind ofe i defense spirit why -- i think you answer the question but i asked why the defense put that in writing this early? i know they have to say whether they will have an alibi, but do they have to go with stargazing? is that required that they put that in there? >> interesting question. under idaho law, your alibi hasn to be specific.

i believe that word is right in the statute. this is not a very specific alibi. as of now, it is surviving. hea i don't know, i have not theha prosecution has challenged it here that is not in the courtt, filings. that will be tough to talk yourt way out anald the moon and stars defense will not suffice. >> trey: i don't either and this will be a long process. the mention of the death penalty will be a long, arduous process and i can't think of anybody better then someone with your background to walk us y through this. thank you for joining us on the first of what will be many>> nights together. >> thank you, congressman. >> trey: thank you for spending part of your sundayn with us i hope you have a great week ahead.op find us on >> todd: breaking right now, live look at protesters camping out at george washington university i