>> john: there will rub it up for us to hear mccourt will be for a while and we are from the former president on the way out as he heads down to texas for some fundraising but he will be back later on this week. >> sandra: that is where we will that. was hoping i will get one more update here from the courtroom before the top of the hour among john, wait to be with you. great to be -- thank you for joining us, everybody, i'm congressman. >> john: will see you again tomorrow, seem bad time, seen by people. we'll start with martha right now. >> martha: thank you

calgarians permit good afternoon, i martha maccallum, "and this is we are in this husso step of this process and president trump's trial in new york city. right this minute the lawyers in the judge are debating what instructions, parameters, they will lay down for the jury before they go into deliberate my this is for the framework, the path that the judge says look, this is what you can consider how this is what you can't consider in this case. so that we will have closing arguments set for next week so you've just got this enormous golf of time between the jury instructions and the closing arguments were all these jurors will go home, that is eight leads, over the memorial day weekend. we are also waiting for the judge to rule on the trump's team which has been sort of a standing request and the necklace again right no and the judge said he is in the process of considering it and

won't say when he will determine whether or not this case should be thrown out. >> mr. trump: we have -- that was put on. there is no [inaudible] in pakistan almost -- as they say there is no crimes, have never been brought. it should be dismissed before you -- >> martha: we've got a great lineup for you. criminal defense attorney mercedes cohen is here with me onset in the judge, cohost judge jeanine pirro will be here in just moments but first foxbusiness correspondent lydia who live at the courthouse in lower manhattan. watching all of this unfold minute by minute. hi, lydia, what's the latest? >> hi there, marc staal. this -- is unfolding inside in the courtroom just behind me as you mentioned this to give you a little sense of how that is operating the

attorney's for both the prosecutor's office and the defense submitted their proposed jury instructions to justice juan merchan. is essentially what each side wants to have the jury tell the judge tell the jury rather how to proceed with the case whether evaluating the facts before them. they offered a redlined version intentionally outlining were they agree and why they disagree and what the judge is doing now is going line by line on where the sides are in this agreement waiting their arguments and issuing decisions in some cases and in other cases they he will reserve judgement. i did go to the clerk's office this morning to try to obtain a copy of these proposed instructions myself because in some cases we are available so the public can follow along but in this case they are not. so we are just listening to what the judge is saying that he is guiding us through a conversation. i can tell you there is a lot of concern -- conversation focused on the election issues in this case. for example, the defense making a point to say

that they want an instruction to the jury about the mental state that would've been required for the defendant, the former president, donald trump in this case, to have influenced the election. they say in this criminal case the mental state is very important, that's called a mens rea and they want jury to be told that it would have to be willful, willful intention on the part of donald trump, to have election if they still found based on the evidence. the prosecution is of course pushing back on that, they say they want a lesser requirement, a lower burden in order to establish that the president of the potentially intended to have influenced the election in this case so is one example about the debate. another example and i found this to be very surprising, martha, was that -- what the judge should tell the jury about what qualifies as a campaign contribution. and the neckband suggested this. this line, "if the payment would've been made in -- even in the absence of candidacy, payment should not be treated

as contribution." there is a really important line for this case because if the defense were to establish that perhaps president trump knew of the payments to stormy daniels but maybe made a statement for reasons outside of his campaign than they were not count as a campaign contribution, really striking at the heart of this case. of course, as you can imagine prosecution pushing back on that but what surprised me was merchan suggesting that he was okay with believing that instruction in also saying he was going to reserve judgement and consider this for a longer period of time. as you mentioned we are kind of winding down this case started with a lot of velocity just several weeks ago and nowhere kind of in a slow steps of figuring out how did your will be instructed, martha, but i will bring you updates before we know you well, thank you, lydia. was bringing criminal defense attorney mercedes cohen. with evaluators. >> it strikes me as i'm listening to lydia and i want

to make a point about the second woman of what she has pointed out which is a very, very crucial jury instruction that the judge said -- just agreed to which may help the defense but it strikes me that the burden of proof -- this is a criminal trial with japan potential for a former president r. burden of proof should be very high about -- why do you think the second element of what she talked about, what qualifies as a campaign contribution defining that is very important here? >> so critically important. every defendant whoever is always the burden of proof in this criminal proceedings are always on the particular sight. that's it and there is something that the defense can rest that is why former president trump did not have to take the stand in his own defense. is always going to be the prosecutor's burden of proof. that second -- this was such a huge concession and

hopefully the judge will allow it and frankly is the irrespective test. so we didn't -- what the defense wants the jury to understand its -- it's called the irrespective test so it's going to be very hard for the judge to relay to ignore the fact that in the very same statute when the revelations of the ftc, it says exactly what the defense is saying that if these payments were made -- i'm looking at right now irrespective, right there in the fec.gov. >> martha: in the jury i have -- you have to be -- proved beyond a reasonable

doubt that he knew and was willful that the payment was directly related to the campaign. is there anything, i believe david packer is one of many two people who said, ",yeah, i think you had to do with the campaign." what her testimony strong enough to make that link beyond reasonable doubt? >> i think the prosecution really rested on michael cohen saying that it was all about the campaign. and i think you're exactly right that david packer came early on but the real focus on the real ground in the prosecutor's jewels or the jewel in accra is michael cohen. michael cohen was the one that presses that they look at him as this is the key witness, this is their key witness to see the former president trump made these payments to stormy daniels because of the campaign and how convenient to each time he testified he talked about the fact that it was because of the campaign, i don't care about millennia, he brought up milani according to michael cohen's testimony but it's so clear that he has been really eviscerated during the cross-examination

confidence that up to the cross-examination. back yesterday he admitted to being -- to have committed in formal -- felony because he's still tens of thousands of dollars because his mortise wasn't high enough. this is outrageous and this is what the jury has little. of the world for intent is all about michael cohen's testimony, how can we possibly believe that? >> martha: evaded her -- to determine that megan -- michael cohen is the lead witnessed with regard to willful intent of the former president and then they determined that michael cohen has no good ability, then the giga tower falls apart. >> yes, estimating the 34 counts but this -- business records being there two lawyers in the jury college two lawyers know that if you're making payments for services rendered, legal services rendered, where is the contract? there is no contract or matter that's where -- >> martha: mercedes, thank you very much. so the decision that one wish on making actual service -- serve as the basis for the jury to decide -- excuse me

-- a former president trump is guilty or innocent. judge jeanine pirro and also trade gallery, next. >> i have never -- really seen a more pro- prosecution judge. 2012 opinions that matter come from the jury. energy identifies with the judge. in the courtroom with him, they have a relationship with the judge so when the judge signals his disdain for a witness to the jury takes note of that. listen, what you really need in life is some freakin' torque. what? horsepower keeps you going, but torque gets you going. what happened to my inner child craving love and acceptance? her p-p-p-p-powershot! when can i drive? you already are! the dodge hornet r/t... the totally torqued-out crossover.

ah, these bills are crazy. she

has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 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. ♪ my back got injured very bad. i was off work for about a year. i heard about relief factor from my wife... i took it every day, three times a day, for three weeks. ...look at her and i said, "the pain is gone." and she said, "i'm glad it helped." i said, "no, you don't understand. it's gone." you, too, can feel better every day with relief factor, a daily supplement that fights pain naturally. call or go online now and get 35% off your first order.

a slow network is no network for business. that's why more choose comcast business. and now, we're introducing ultimate speed for business —our fastest plans yet. we're up to 12 times faster than verizon, at&t, and t-mobile. and existing customers could even get up to triple the speeds... at no additional cost. it's ultimate speed for ultimate business. don't miss out on our fastest speed plans yet! switch to comcast business and get started for $49.99 a month. plus, ask how to get up to an $800 prepaid card. call today! >> ♪ ♪ >> mr. trump: in the next couple of hours are very important because the judge can try and manufacture where he goes from -- >> martha: cannot be more

right. the jury instructions a crucial in this case and right now former president trump's defense team is hashing out the jury instructions with the prosecution as we wait for judge merchan's ruling number also separately under the fence's motion which they are brought up again and again by the way don't you think we should talk this case out since it has not been proven on these charges? he said he will let them know that. allies of the former president to the judge of having a clear judicial bias against him but some experts warn that the jury may not warm-up to those attacks. >> jurors in general like -- judge merchan is even -- steven spielberg' central casting version of a judge, they adore this man. and like jim -- you can't win a fight with the judge. >> martha: he's great. was bringing judge jeanine

pirro cohost of "and the five," former judge and a district attorney -- former district attorney would westchester county with almost three -- over three decades of decades and trade gouty, -- former state and from -- was at the courthouse today, cannot imagine a better panel. get to both of you for being here. judge, let me start with you. you're reaction to what you've learned so far about this extremely important process which you took part in many, many times hammering out whether judge -- the jury will be told about what they need to keep in their deliberations and what needs to be on the outside? >> judge jeanine: in a case like this, martha, where it's not really clear what that second crime is that is used to bootstrap two that this many years to it life to become a felony i believe that the jurors will have a lot of questions to find out what that criminal felony is. don't know know how the judge is going to possibly charge this jury and make no mis mistake, the charge to a jury in a case like this is

extremely important because no one is really sure what that second crime isd crime is. so when you charge a jury, you know, they will wait on every word you're saying especially in a case like this. but i think the most important charge right now are this. number 1 if you believe that someone had like the during the course of this trial, you are treated -- we do disregard the testimony in the entirety and that is michael cohen who is -- the second other charge in addition to the crime which we are talking about now is adverse witness. the prosecution could've called why goldberg to bring in -- weisselberg to discuss how these checks were being written and entered. he was within their control, he was a material witness, the prosecution chose not to as a result, there should be a charge to the jury that you can assume that it weisselberg were called based upon the -- prosecution would call him that he would've testified opposite to what the prosecution wants you to believe.

>> martha: that's a lot to ask them to sort of fill in the black, somewhat isn't it? >> judge jeanine: it's terrible, they can't possibly fill in the blanks. i would never in my courtroom allow a prosecutor to come in and make a felony out of two the misdemeanors without telling me what the pollone he is, putting it in the indictments which is right here, telling the defense in a bill of particulars, making it in the opening statement and arguing it. it's crazy, i think. >> martha: tree, want to get back to this issue of the judge because in many ways it feels like this process of the charging instructions is sort of the defenses last chance and it's kind of them against the judge and the prosecution in terms of getting in what they want to get into those jury's heads as they head into this and you said the same thing that the other gentleman said this morning, you talked about, you know, they have a relationship with this chu church. you know, the jury and the judge of our relationship copy schmuck's talk to them through the very beginning from when they got on the

court and you hasn't really been fair within events in this case. >> it's almost like stockholm syndrome. when you're a juror because you spend so much time with the judge and the judge is the one who goes and gets you lunch and decide when you can take a break and two of these jurors are lawyers but most often the members of the jury don't have any idea whether the judge is making the right ruling or not. i had that curiosity and will share with judge jeanine pirro -- i don't like or criticizing judges. judges can be around it doesn't mean their corrupt. i was done yesterday about how the strike zone was so different from the prosecution that! and if anything i'm biased towards prosecution more narrowly but the strike zone was different. we saw that with costello. he labored over whether to even allow costello to testify or something as fundamental as michael cohen saying -- on told me 20 times as whether god donald trump did nothing wrong, that is incredibly important evidence and for you to labor over

whether or not you're going to allow it, yesterday, that tone is different when judge merchan rules with the prosecution versus the defense. here's the other thing. if i'm a judge, correct me if i'm wrong. the defense is also trying to set up on appeal. we are going to ask you to charge some things to the jury that if you say no to us we are building in something to appeal. that doesn't help the relationship when you don't want -- one side is trying to set you up for failure if you get a reticule like. >> martha: interesting. because brad smith would be part of that i imagine. you didn't allow us to bring our expert witness, you said basically that you can only talk about, you know, what color is grass and what color is the sky in terms of the svc and, you know, brad smith has been out there talking a lot about how he would've basically come in and said this is not a violation of federal election law and beyond that we know that

already because the dc chose not to bring any charges in this case. had all the information, the ftc of the doj and they said, yeah, we don't have anything here. >> martha: >> judge jeanine: what's even more propagating is the fact that michael cohen and david parker both said to the jury that they believe that there was a federal election campaign violation. that was allowed into evidence and to prevent interference from having the head of the ftc come in and say this is not a campaign violation because it is beyond that can of the average juror, a supreme card -- that is when you actually need an expert to come in and explain it. but that they let prosecution explain it and not allow the defense to defend themselves, it is certainly -- you're not going to get arthur child on that. >> martha: another element i guess is how much of the jury liked michael cohen because they would have to let go of -- you know, when is he lying, what is he telling the truth, i heard someone say at another trial

today well maybe when he was a, you know, you know, i got nothing on former president trump how do we know he wasn't lying then? maybe he was lying at that point. if they have any debate -- do you think the build any sort of relationship with him or do you think they just think he's a liar and a thief. >> there's an old court by -- i'm not mad at you like to me, i am i that i don't know that i can ever trust you again. i think there is a better approach to take with the jury is how you would know? it's not your fault, how would you know? on the flipside of that, even murderer defendants that are -- are capable of telling the truth. usually is just what your name, they will be honest about that but the best among us are capable of about fighting the truth and those among us are capable of telling the truth. do you believe michael cohen, beyond a reasonable doubt, that is the question. and i don't know anyone i can say look, even admitted he wants to run for congress.

how crazy is that? i mean, that's department send me. you stole from your employer yet you admit -- and you admit that you're a perjurer but he wants to run for congress? >> judge jeanine: well he's got that name recognition, you know? >> martha: exactly. he is like, everyone knows my name but not for -- real quick from interview for makeup look after the closing arguments for a second. if you were the defense, what will be the couple of main points they will want to get across to this jury? >> judge jeanine: i wouldn't want this jury to know that this is like a house of cards. and that there is no foundation. there are no 2 by fours, there's nothing. there's nothing there. it smoke and mirrors.

>> ♪ ♪ >> martha: we are keeping a close eye on everything that is coming out of the courthouse. you can see in the red box on the right-hand side of your screen the latest information that the judge is talking about, as the judge leaves intent to fraud, intent to commit another crime, aide or conceal another crime as it is as part of the jury instructions. that is really just laying down what is the basics of the charges in this case. a lot of which a lot of people that have not been laid out very clearly for the jury so that is why they are going over that. earlier we heard from former president trump and presidents biden is arriving

in austin this afternoon to do some fundraising. and follow -- followed a speech he gave -- into detroit that received nine corrections from his own folks, from it's communications folks at the white house. one of them was for this moment when he said that he was the vice president when covid hit in 2020. >> president joe biden: when i was vice president, things work on a pad during the pandemic, and what happened was barack said to me go to detroit and help fix it. >> martha: i think there talk about economic distress at that point that the former vise president was put in charge of not covid them a little confusion there. was bringing mark these informers -- former chief white house speechwriter for george w. bush and american -- senior fellow and washington post columnist and focus conservator and mark penn former clinton advisor and -- and ceo of sidewall.

w. with us. new hampshire is obviously unimportant states and he is in new england at this point. we know that both of these were decided by very thin margins in 2016, mark penn, and a slightly wider margin for biden. but, you know, there are some recent polls that they are not of the standards that we use a. show it had a race in new hampshire, mark. what do you think of me i'm sure as you look at this? >> your answer has always been a bellwether state in that sense. i do think that again is a bellwether generally more of a working-class state and you would think even though a lot of people have moved from massachusetts there with higher incomes. look, if there is a trump landslide, new hampshire will go and it's something they can tell early in the night. and i think it's an important state for biden perhaps before, you know, with regard

to these corrections, mark theissen this was a rather serious one given how frost this hostage situation is for these american families and, of course, for some israeli families as well. this was a reference to the hostage -- we have interviewed is part -- parents several time here on "the story," he is still being held hostage, there was a video release not that long ago that was traumatic but it was proof of live video but here is what president biden said about this yesterday mark watch. >> president joe biden: we are working around -- just like we've freed hostages already and -- hirsch -- he still he -- being held by hamas. >> martha: mark theissen? >> it used to be that -- was of all these are becoming almost daily in curses. there are increasing in frequency but it used to be that the philip unger what is

safe space that allow as he stayed on the script he was okay but one event of the script that he got into trouble like when he called on jackie gorski it conquers women who does that a couple of weeks earlier at an event, i was off script. here he is misreading the text that is prepared for him, the text clearly is saying that the family of this hostage is there and he says that the hostage is the and, you know, is starting to read the end -- i was a speechwriter. what you would do is that -- you put instructions and you put them in brackets in all caps saying, you know, pause here or, you know, this is a person's last name. is not reading the instructions out loud. this is a level of miscalculation and error that is getting worse and it's only going to get worse and he goes. these things don't improve as you get older. they're only going to get worse. >> martha: mark penn this is belmar last night with greg gutfeld. watch this. >> -- he's almost the same age as biden but biden

presents as old, ancient. does not -- that does not look old. >> it doesn't. >> it does not present as old. he is like kids, he puts on the way in the basement and its 1976 all over again. >> martha: he is talking about former president trump there, mark penn, your thoughts on all of this? >> look, most of the voters see joe biden as perhaps through three old. that is what joe biden is going to have to dispense with any -- if he's going to win this election. their campaign has challenged trump to a debate i think trump has accepted and we are going to see can joe biden hang out for 90 minutes or two hours against donald trump. that is going to tell us whether he is ready to be president for another four years or not mckay was concerned the other day when he talked about how he was vice president during the pandemic. that was actually more concerning than anything else i've heard but look, this is going to be settled i think in this debate one way or the other. >> martha: okay. june 27th is the first one,

september 10th and we're hoping that there will be a fox vise presidential debate perhaps later on in the early fall so gentlemen, thank you, with w. both as always, mark theissen, mark penn. >> martha: thank you >> martha: we are monitoring the charging conference or is going on right now this is a very crucial step, but were hammering out right now could mean the difference between a guilty or not guilty verdict from this jury. it also could ladle some very important framework for a possible appeal so we are watching this closely and you can see that judge merchan is reviewing the submission that he received this afternoon so he has his own take on these things and each side puts on their request for what they want the judge to be told or the jury to be told in this. so our breaking coverage continues with former deputy assistant generally john yoo, next. >> mr. trump: the whole world is watching to see what's happening and you can't use conflicted judges. is a conflicted judge, highly conflicted judge.

you can't just do that. you can't allow that to happen because you ruin the whole system, the whole system comes down that. here's to beating these two every thursday. 's complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. veterans, need money for major home repairs? why not think outside a bank? get up to $70,000 with a newday 100 va cash out loan.

>> ♪ ♪ >> martha: this woman former president trump's lawyers meeting with prosecutors and the judge about what the instructions will be to the jury about what they should include in their deliberations when they start doing that next week. were also waiting for the judge to rule in a trump's motion -- will be addressed -- but it's still an open question. and we could hear from the former president any minute when they wrap this up for the day. with that let's bring in john yoo former deputy assistant attorney general now a uc berkeley law professor. always great to have you with us, thank you for being here. there's been a lot said about judge merchan and a lot of people well spoken on our error, legal expert such as yourself help -- help out that he has not conducted himself in a way that is what

we expect from the judicial system in terms of fairness both sides, you service -- time shut down costello, let stormy daniels whatever one-to-one and then say well i guess she went a little too far on the. listening to joe scarborough this morning about judge merchan at what he sees as the restraint that he has shown. watch. >> judge merchan has had to throw -- show restraint. while everyday you have a defendant going out and attacking him, personally. it on the judge, they're going to jail. and i would bring them in shackles the in and day out. >> martha: john yoo, what you say to that? >> i don't think that kennebec external pressure on the court room makes i think for excessive faith -- favoritism towards the prosecution. and -- i'm like trey gowdy, i usually sympathize with the prosecution having worked in the justice department but the way you want to do with it -- as a prosecutor is by

having an impartial judge and an impartial jury, you don't want a judge who is so one-sided and i just can't understand the kinds of rulings that judge has made not just with a gag order, not just with not dismissing the indictment and asking you to be brought back again but fundamental -- what is from daniel's allowed to testify all over the four corners of the globe whereas the judge to give bob costello such a hard time and costello's testimony is extremely relevant because it goes to the credibility of michael cohen or why doesn't the judge demand that the prosecutor's explain what the larger felony here is not literally covered up by the bookkeeping? there is the crucial element of this case, we've heard almost no discussion of that during the trial itself so i like to impugn the personal motives of a judge but i think this judge has really missed -- been in -- direct -- bias in terms of the prosecution's before they to go through a lot of charges here with this -- with her

closing arguments and the prosecution has to say the former president basically wrote these checks to michael cohen with the intent and woefully in order to impact his election which would potentially and those -- there is a misdemeanor potentially be extrapolated to new york's state election law which we've heard nothing about, we haven't heard and expirations about -- and why this could -- could potentially be a felony, jo john. >> i agree, martha. that is the legal vulnerability in this case in terms of the persecution. that's why they don't want to talk about it, that's why they would rather drag working on a tramp through the mud and have it turn into reality tv show with stormy daniels to fixate the jury's attention on that and not have them pay attention and -- which is as you said how did this actually corrupts or implements an election? what donald trump would've made his payments anyway? then it's not election

violation. >> martha: with regard to trying to the jury has decided was can -- or can be persuaded in closing arguments that he is not credible, i don't know when he's lying are what he's telling the truth, was that because the rest of the smythe to fall apart when so much is based upon him or could the excise michael cohen in his testimony and just say well, you know, every packers that here is that it was about making sure the election wasn't impacted by this? >> i don't see how if you are the prosecution you get a conviction unless the jury believes beyond a reasonable doubt in the credibility of michael cohen grandmother is what -- white trump has been pretty successful in this case is to have tried to be the last prosecution witness and then to slam him with bob costello -- i thought that was very effective and without cohen you can't make any kind of judgement about what is in trump's in mind. you nailed it, not only do you have to show the text but you have to show that trump had the mental state to

commit fraud and to co- violate federal election. >> martha: mens rea is part of this jury instruction process that he did this willfully and with intent so we will see if they will have -- approval of that as we get through this. thank you, john yoo, always good to see you. >> thanks, martha. >> martha: thank you very much. and mark looney who is married to george clooney and his around some pretty powerful numeric -- democratic circles is among the legal experts backing and the rest of israel's prime minister benjamin netanyahu for war crimes. drei angst and then how -- howard kurtz after this. >> ♪ ♪ 's

sara federico: at st. jude, we don't care who cures cancer. we just need to advance the cure. it's a bold initiative to try and bump 's ♪ my back got injured very bad. i was off work for about a year. i heard about relief factor from my wife... i took it every day, three times a day, for three weeks. ...look at her and i said, "the pain is gone." and she said, "i'm glad it helped." i said, "no, you don't understand. it's gone." you, too, can feel better every day with relief factor, a daily supplement that fights pain naturally.

call or go online now and get 35% off your first order.

>> ♪ ♪ >> martha: the international criminal courts known as the icc is pursuing arrest warrants for israeli

prime minister member-meneh netanyahu, defense minister -- and three hamas leaders so they are all assembled according to the icc to make the white house say this is an outrageous move on their part and has announced after months of consideration from international national legal experts including british human rights lawyer amal clooney was in part, "do not expect that any conflict should be beyond the reach of the law nor that any perpetrator should be above the law." in a in a moment, howard kurtz with his analysis of the situation but, of course, -- first cheap. >> [ inaudible answer ] trey yingst live in tel aviv. hi, trey. >> good afternoon, martha. back like to the icc decision to -- continues today to make israeli officials from across the political spectrum speaking out condemning yesterday's announcement. israel's defense minister your garlent slamming the icc calling the move distressful adding that israel does not recognize the authority of

this international body. israeli by minister brenneman and are you also spoke out about the icc decision calling it a conscript -- complete distortion of reality adding this... >> is absurd -- artist against me and isabel's brought -- defense minister i assure you one thing, this attempt will utterly fail. >> these complaints were echoed overnight by president biden who said in a stat statement, "the icc move was outrageous. ." the commander-in-chief went on to say this... >> president joe biden: let me be clear, we reject the icc's application for arrest warrants against israeli leaders. [cheering and applause] whatever these warrants may imply there's no -- between israel and hamas. >> were learning more about what led up to this announcement. lawyer amal clooney the white well after george clooney was on the panel that concluded all five of these individuals named in yesterday's apart --

announcement had committed war crimes. interestingly hamas and israel agree that the sec overstepped here and i have no jurisdiction in this part of the world. marc staal? >> martha: trey yingst, thank you very much. without wavering and how we, host of media bias. have you here. i think the wall street journal laid this out very well in an editorial is, they said, "on one side are israel's democratic leaders waging war to reclaim hostages and without duress on gaza. on the other side is hamas which participated in the w war, lumping them together is a slander for the history books. ." or hitler and churchill amend world war two. what do you think of all of this? >> hamara -- amal clooney is an uber liberal human rights activists -- your statement returns -- and it's still really appalling and unacceptable for her to advise the icc that hamas and israel are the same -- on the same moral ground.

hamas killed civilians deliberately as we saw in october 7th massacre worst one-day tools in the holocaust, and israel tries to minimize civilian casualties like dropping leaflets and issuing warnings. critics can argue that israel has used excessive force or that is created humanitarian crisis and famine in gaza but to compare it to interest organization, netanyahu had a fascinating what kind of echoes what you just got this is creating a moral equivalent after september 11th queen president bush or osama bin laden or during world war ii between fdr and hitler. >> martha: israel was attacked. hamas treats the people of the palestinian territory horribly. the use them as human shields county arrest him and everything that people are rising up against them in any way county are punished with great force. so i think, you know, it's a point that it's not probably made enough.

to say though interestingly with president biden's forceful reaction to this that this may politically give him room to align more closely with israel. >> yeah, after all the friction between him and that in the who the president by that this is not genocide and totally embracing israel and criticizing the icc has -- as a republican by the way led by speaker mike johnson who are -- who is calling for sessions against the agency that i think it does sort of man maybe some of those wounds but, you know, the irony here is the other half of the celebrity couple. george clooney is going to be one of the main celebrity faces of the biden campaign, that must have been some interesting dinnertable conversation about this because well, he is going to cause next month of the biden-obama fundraiser, raising digital hats for the biden campaign and in fact his wife is saying is --

there will be a huge fundraiser -- george clooney cal julia roberts, you know, the president has been in a very tough spot here with this because he's got all these pro- hamas protesters were i'm sorry, he has pro-palestinian protesters, and the israel protesters pretty much everywhere he goes. so if he goes down this road and he is defending israel on this point, is not going to be political vulnerable for him? >> it's a tough situation for all of his supportive israel, people can differ on record, for example, withholding the 2000-pound bombs for the expected invasion of rafah. in the far left including the left-wing of the democratic party hates israel and there is some anti-semitism there along some, certainly not all. and so that has really created -- it's put biden in a box and certainly hurt him politically and ever really goes there are these, you

know, genocide joe protesters trying to find him down. >> martha: quickstart, 20 seconds on the developments in the trial today downtown for biden smart trump? >> were really at the heart of the snow. this is such a stretch by alvin bragg and his prosecutors to right another crime -- by the jury instructions boring as they may be early may -- determine the outcome of this case and i have to say the judge is giving the prosecution a lot more running room that he has the trump defense. >> martha: thank you, always red happy with us. how records, "media about capital trump is out of the courtroom right now in ten minutes so we will continue to keep an eye on the movements note -- as he continue this charging conference. extremely crucial part of all of this campaign struck in to the jury will give them the framework under which they have to make a decision about guilty or innocent on 34 felony counts that a lot of people thought were thin -- in the very beginning when this indictment came down, trying to turn two

misdemeanors which by some interpretations was already exceeding the statute of limitations in to a felony. we'll be right back. i brought in ensure max protein with 30 grams of protein! those who tried me felt more energy in just two weeks. -ugh. -here, i'll take that. woo hoo! ensure max protein, 30 grams protein, 1 gram sugar, 25 vitamins and minerals. and a new fiber blend with a prebiotic. (♪) ♪ ♪ welcome to the roots of our legacy. where excellence, comfort, and electricity... are forever in bloom. welcome to beyond. the mercedes-maybach eqs suv.

ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 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.

it's time to feed the dogs real food in the right amount. a healthy weight can help dogs live a longer and happier life. the farmer's dog makes weight management easy with fresh food pre-portioned for your dog's needs. it's an idea whose time has come. only purple's gel flex grid passes the raw egg test. no other mattress cradles your body and simultaneously supports your spine.

800 durvisit purple.com or a store near you

>> martha: was watching a former president had back in. 's with that group you see in the left-hand side, they had a ten minute break in the home stretch of the period unclear weather or not this will continue into tomorrow, these are infections can -- and take a while to nail down so we'll keep a close eye on although that as we wait for the judge to come up with a defined list of instructions for this jury and get input from both sides. interestingly the -- of the prosecution don't bring up the thing about cohen pleading guilty to campaign finance violations that does not not necessarily apply to this defendant so we will keep a close eye on all of this. that is "the story" or do they. we will see you back here tomorrow. have a great evening. >> ♪ ♪ >> neil: so many -- little