Time, i had a black trump courtroom battled the new Border Battle its on again, sentiment in her shaw right now the battle over the Jury Instructions donald trump is watching it all go down lets see what when the court wraps and that is coming up. Welcome everybody, im neil cavuto on a busy news they. Nate foy outside the courthouse, what can we expect . Former President Donald Trump has already spoken twice today, were expecting him to speak again at 4 30 but you mentioned right now throughout the entire afternoon session lawyers on both sides have been debating about the Jury Instructions about which will be handed to the jury after Closing Arguments and they will use these instructions as they reached their verdict and here are some of the Key Takeaways so far. Judge merchan said that Michael Cohens admission of guilt in related to federal Campaign Finance law after that. To Dave Scarcello talk about his close relationship with Rudy Giuliani, that he flaunted to Michael Cohen that relationship while he consulted with cohen in 2018. Is a giuliani proposed setting up a socalled back channel from going to trump but costello said he sent messages at cohens a request. Trump himself did not testify. His son don junior said outside the courtroom today that it made no sense with how unfair this trial has been in his view. Trumps team also does not to call former ftc chairman brad smith after judge merchan severely limited his testimony so again, trump is expected to speak after court wraps today at 4 30. The jury has been gone since this morning, neo, welcome back on tuesday win we expect in Closing Arguments. After that the instructions to the jury that are being debated right now will be handed to the jury and readable celebration will begin wednesday. Martha Neil Tom Dupree back with us why is this Charging Conference were important . What is it that gets cited . Its critically important, martha. It tells the jury how to apply the law. You tell them what the law is. Just to get one important example in this case, the government has to prove, not only that donald trump did what they have alleged, they have to prove it that he didnt with intent to defraud. And not only that, not only did he needed with intent to defraud, but with the specific intent to commit or cover up another crime. So that Jury Instruction that tells the jury that and how its worded can be very important. What it should say is even if you believe Everything Else Michael Cohen said or anything else the government put in, you cannot Convict Trump unless you prove beyond a reasonable doubt that he had the specific intent to commit another crime. And then the question is what crime . Because the prosecution hasnt paid made it clear which exactly yearly theyre going under. And so another important point, visit jury have to be unanimous on which other crime trump was allegedly trying to cover up . Because the government has thrown out three different crimes that he was trying to commit or cover up their master all of this is incredibly important. They should spend a lot of time on it endures the attention to the Jury Instructions in my exper experience. Neil tom, im listening to whats being said, if you did a fence, youre kind of liking what worst potential be going right . You are. What weve seen so far from the judge during this Charge Conference is that he has made some rulings in trumps favor. Is also made running in the prosecutions failed butler, is almost exactly regular Jury Instruction zone of the most critical aspects of the case and one big picture or one significant aspect to this that should be kept in mind is that if a judge gives the Jury Instructions wrong, if he meets miss instructed jury on the law is a classic example of what an Appeals Court will treat as a reversible error. There are many cases where you have a situation where a judge even when the law is complicated make his best guess as to how to instruct the jury and he gives an instruction that the Appeals Court later says turns out our been wrong. If that happens the consequences more often than not is an Appeals Court is going to flip it, vacate the riding and send it back. Neil in the meantime you graduated gets to go home for about a week or so they get everything they were heard, i know youre telling me a little bit earlier theyre not supposed to be looking at the media or, you know, also cites and the rest. Whether only human, they might be time to do and there are on their friends who might be curious to know knowing that they sit on this jury what their thoughts are. How does that process go . Its something that how it goes is they shouldnt be talking to anybody about it. Very hard to do in the age of social media. So ill be very nervous about it if i were the prosecution or the defense might you always worry about that, i more were giving this jury pool given this jury pool in a populace of new york or be more worried about it from the inside. But it does give you more Potential Fodder for Jury Misconduct if you get convicted but, of course, its much better not to have that them listen to that. If i could go back to for just a second to this critical point that you asked, there are many famous, well known whitecollar cases that youre aware of, neil, that have been reversed not based on insufficient evidence but on an improper jury charge. The governor from virginia former governor bob macd macdonald, Supreme Court reversed it on those grounds you my dear remember the Arthur Anderson case . And drew weissmans baby where he convinced the trial judge to give a Jury Instruction that was improper in the Supreme Court ruled 90, reversed the conviction . That wasnt based On Insufficiency of the evidence, it was based on improper jury charge having to do with intent. So this is really a big deal and you are correct. Its very easy to have this reversed if the judge gets it wrong. Neil so the judge cant go too far but if im reading so correctly, tom covers potential hear that going too four on his part invariably rests hurting the prose prosecution, right . He can play this in the hands of the higher cortical reversed everything . That is true. And look, sometimes are cases where the prosecutions biggest victories for the trial judge to refuse to give an instruction the profligate prosecutors want to give because he said look if i give the instruction youre telling me i should give i can get reversed on appeal and is in their gets thrown out. Look at the judge obviously has a possibility to get the law write. Is going to hear from the defense copies 20 are from the prosecution as to how the jury should be instructed but at the end of the day is the judges call cap is his obligation and its his duty directly to get it right and you tell the jury what legal principles they need to bring to bear in rendering a verdict. User obviously led jurors, i i guess teemak are lawyers but the majority of them are laid jurors and this is a company get an area of law so they arent need to be given instructions that arent only clear but also speak to the law accurately. Neil obviously donald trump is famous for making some remarks as he leaves, you probably make them again. But all this occurs as a judge is giving the sort of Jury Instructions and roadmap. Does the former president had to be extra careful with what he says . That anything that could potentially mess that up . Well, i mean, hes got to obey theoretically a gag order. s had trouble doing that so far. Hes gotten better about it the last few days. As long as he doesnt violate the gag order, i dont see anything that he does with respect to the Jury Instructions as presenting or talking about them represents a problem. Neil gentlemen, we wanted very closely. We are waiting to hear on a couple of the big developments, the former president himself walking out of the court room any minute no and may be give us his thoughts on the day and how its going other sort of hammer out some of these charging instructions. Dont forget we have my request his take on what Chuck Schumer is trying to d do. He wants to give another get another track on the secondary has him in the republican say its not happening, what its always of time. Majorcas here few minutes from now. Her, leading armies to battle . Was that your great aunt, keeping armies alive . Drafting the plans. Taking the pictures. Was it your Family Members who flew . Who fixed. Who fought. Who rose to the occasion. When the world needed them the most. Discover, preserve, and share the stories of your familys heroes. Save on Ancestry Subscriptions for a limited time. If your moderate to severe Crohns Disease or Ulcerative Colitis symptoms are stopping you in your tracks. 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Com neil this could be a case as you look outside the new york state Supreme Court of Don Versus Merchan one, we are waiting for possible marks from the former president but Jonathan Turley there is judge one return that we could be the differences biggest challenge or. Hes here to explain. Tell me about that. Well its not that i disagree with everything that judge has decided. He has made some good decisions. Have largely gone in favor of the prosecution. Some of the most important decisions he is taking on advisement but some of the decisions hes made today quite frankly are hired to figure out, you know, you for example, with costello the former attorney for cohen and the prosecutors Stopped Stella For from fully answering a question on what he meant in an email. So when the defense got there translates that cole would you like to explain. And the prosecution said no. Its beyond the scope. That should have been a ridiculous objection and merchan however sustain it. It was the same scope, he was being asked what did you mean by that, and the judge to stain. So its moment like that wear you really feel like there might be a thumb on the sc scale. The most important stuff going on right now is probably the least engaging for a passerby. It deals with how the jury will be instructed. That could very well determine the outcome in this case. That government is arguing some pretty sweeping positions among them, they are arguing i dont have to prove willful intent on all of the elements on all of these actions. The exigency that things like unlawful means which is really an important term of influencing election can be satisfied by less than a criminal standard. And up in i think legitimately saying whoa, you know, youre going to convict someone on a lower than criminal standard on an important element. And this is really the result of this sort of frankenstein case, you know, the brad took this that this demeanor that and back to life as a felony by sort of stitching together different crimes. Another government is trying to use that to say, yeah, we did that but it also means we dont have to who the full criminal standard on all elements. Let me ask you about having brought Robert Costello understand. Just judging, you know, hello lawyers. Do you think that was a good move on the part of the event or the rest being overcome . Neil, i had said earlier that i would not have called costello to the stand. That is largely because other Criminal Defense Attorney attentively riskaverse. In this case is collapsing on its only weight, i dont see how it could be assessing an appeal by the lawyers in that room have a different set of issues, you know, there are their client is running for president anything they feel they have a tough judge that is ruling against them but most importantly he judge that is has allowed this jury to hear and i think believe that there were election violations in this case which is not true. The judge has allowed them to hear that repeatedly from prosecutors from cohen, from packer. And i think thats why they decided to bring in what a call back i call a cal shot witness, you know, theyre hoping that costello concealed a deal with at least a couple of witnesses to make this is more of a Hung Jury Strategy because we are seeing look at we are going to get hit which they were but is this kid sealant, in the air some jurors who are already sort of feeling that they may stand against the rest if necessary, costello did hurt cohen. I mean, he did strongly contradict what cohen had just said under oath. But in bringing them on, the prosecutors were able to bring and Rudy Giuliani and back channels and costellos association or affiliation with donald trump. Neil you know, jonathan much has been said about a consensus that can develop budget and when i started to see on others besides fox where there was growing criticism of the prosecution and more compliments of the defense its built up an expectation that you touched on or maybe a hung jury are this is not going anywhere but im old enough to remember cases that look like they were going one way, im old enough to remember the former Labor Secretary of Ronald Reagan 20 some odd anything from an propriety do you name it they could have landed him in jail the consensus before the jury announced that, you know, you would be living in a jail cell for the rest of his life, he was exonerated on all counts and gave amnesty said where do i get my good name back, and powerful paraphrasing here. But i guess i hacking that sickkids do you never know what a jury is going to the site what individual jury jurors are most impressed with or not. Do you . Youre absolutely right. Im hoping that this jury can redeem the integrity of the new york legal system. Something the prosecutors and frankly the court have not done. Home hoping that this new york jury will be like theyre getting played in new yorks dont like to be chump new yorkers dont like becomes. He recognizes for what this is that there is no clear crime here and they are relying on a convicted Serial Perjurer and someone who is admitted to committing round larceny and hes not the one charged in the case . So it is possible. But theres also the other possibility, theyre going home for a long time. As a Criminal Defense Attorney that my hair would be on fire, to send a jury back in to the world for this length of time when your client is unpopular in this area . There will be with their neighbors, are not sequestered, is going to remind them how unpopular it will be if they acquit this individual. Now im not as Casting Aspersions on them because i really do believe jurors tried to get it right. But there is a long time for the plans to have these people in the world. And we will see what happens but i think there is a greater chance now overhung jury that a lot of people assumed from this district. Im hoping that at a minimum that would be the case. But because because i have to tell you i think this case has become more farcical by the day and i think that cohen really summed it up for a lot of people. I mean even folks on other networks have said that. Back have to keep in mind all been talking about a host on another network who came out of the disastrous cohen testimony and said well, he did great. And that really was not stealing money, that was selfhelp for a bonus. Black, some other jurors may have had back may have that same willful blindness, you know . Neil you never know because they may not want to talk to their friends about it but their friends will certainly want to talk to them for my Jonathan Turley that will see how that goes and we sort of screw over that over may be barbecues or the rest we are waiting to hear from donald trump. We know this much, no matter how this case goes, he is raising a ton of money off of this. Well spell it out because hes already got an advantage on the latest decidedly over joe biden. Where are also going to see what Chuck Schumer has up his sleeve trying to introduce that battered border sears security bill, republican say its not going anywhere, Homeland Security landry meyer got disagrees. Hes here to tell us why he thinks we do need another shot others even if republicans they were not going to get. Ha t is your glucose and can you have more carbs . Before you decide with the freestyle libre 3 system know your glucose and where its heading no fingersticks needed. 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Neil we still dont know how this case will work out for donald trump, legally we know politically that was bringing in the late this month close to double what joe biden was taking in. Now maybe not for long enough course this on the heels of the president s plans, former president s plans to be In The South Bronx on thursday. In to the belly of the blue, wb is there is a very Democratic Centre area but so then again so is new jersey Craig Shirley here, you know, sometimes your candidates and your the performance can confound. The fact that the former president is gunning for these locales, sometimes its the case in new york is limited to how far he can go but it could work for him. What is your sense . Its very smart politics, neil. I can think of many times were candidates actually [inaudible] reagan in 1980 was in new york city, campaign in new york city the weekend before the election and a few weeks ago he was In The South Bronx and in new jersey. On the other hand [inaudible] which was [inaudible] there was nowhere he was going to wrench california away from [inaudible] advertising dollars to california so [inaudible] its good for momentum, its good for morale, its good for money. Is it gives people get focus on other things, you know, trump neil im sorry, grey cup were having some issues here the one thing i did notice when you talk about Ronald Reagan campaigning In The South Bronx of course he famously kicked off his campaign in the Statue Of Liberty in the back up there but there was also the supplemental message he one a lot of these bluest of blue states, in fact, almost every state in that election four years later doing it all over again. Im just wondering, when a lot of people have criticized this can be criticized Ronald Reagan for appearing at the blue locales, and with her criticized donald trump back in 2016 for going to these battleground states, it was considered a waste of effort on the part of, you know, a guy who couldnt win there. I even remember them making fun of john f. Kennedy when he was Campaign Company in West Virginia of this rich senator with a hard hat on later on talking to cool minors there, that was a crucial primary human he beat Hebert Humphrey got it with a seminal event. So it could shock you. Yes, it can. Dont forget too, kennedy was a catholic. Of course, that was very controversial in the 1960s [inaudible] heavily protestant so kennedy winning really helped the great momentum for his campaign the program for the democratic nomination. Neil so how do you see it now . Obviously donald trump hopes to make a virtue out of what could be just a bad, you know, set of developments, campaigning in these areas but getting big crowds, is that telling . Very much so. Its so good for your psychology, look, joe biden does not have the slickest mind right now hes having [inaudible] worrying about the money that trump is raising Calvin Pickard that he is raising and its, you know, [inaudible] thats what trump is doing. Is making lemonade. Is doing a very good job at that. Neil always the search for reagan, while he is latest, so in the meantime here, taking a look at Chuck Schumer trying to maybe get a better sense of Border Security will that went down in flames, but hell try it again, Alejandro Mayorkas on what he makes of that and why he thinks this time will be the charm charm. Are specialist coming up. [ ] uuu, this looks romantic. [bell sounds] welcome, im your host, jacob. Hi. How was the weather getting up here . Fine but, you know, i think were, were just going to go up to bed and do you believe in ghosts . [whistling kettle sound] no . Good mother is buried in the yard. Meanwhile, at a vrbo. When other Vacation Rentals have no privacy, try one that has no one but you. Oh, yeah, man. Take it from your inner child. What you really need in life is some freakin torque. What . The dodge hornet r t. The totally torquedout crossover. Neil still some Activity Buzzing in the courthouse, donald trump is already decided against justifying his Hush Money Trial and his lawyers noted probably requested that and tried to force the point theyre doing well enough as is. This is all wrapping up, defense has rested its case, and persecution has. And right now the issue coming down to some of the final details and instructions that will go to the jury and haggling over those details that are quite important to each side. Nate foy at the new york state Supreme Court. With more, hi, nate. High, neil. On the 20th day of this trial after 22 witnesses again lawyers on both sides is going back and forth, line by line about the instructions that will be given to the jury after Closing Arguments are made on tuesday of next week in the latest from the courtroom right now, trumps lawyers pushing back on what will be shared with the jury with evidence related to the fallout from the access Hollywood Tape as well as the term cash money. Judge merchan agreed to clarify that the fact that Michael Cohen pleaded guilty to federal Campaign Finance law does not imply trumps guilt of any crime but Trumps Team Asked the judge to instruct the jury that Hush Money Payments are not illegal. Merchan says it cannot multiple times at the trial and an instruction from the branch would take things too far. Trumps team also asking for a limiting instruction about evidence surrounding the fallout of the access Hollywood Tape. Prosecutors argued that trump before provide Business Records are in illegally influence of 2016 election and i mentioned really key ruling from merchan as part of the instructions that will be given to the jury will be told that if the torque payment to Stormy Daniels would have been made regardless of trumps candidacy it cannot be considered it Campaign Contributions of the jury finds that trump was followed from the felonies become misdemeanors. Trumps team rest of the case Upper Balkrishna testify today. Again he was the 22nd witness only the second for the defense after prosecutors called the witness theres the stand. You testified about his close relationship with Rudy Giuliani and setting up a back channel that was select cohen could communicate with trump, he said he only reached out at cohens request and that he had tried tos best interests at heart but as you mentioned, neil, we are waiting for former President Donald Trump to speak for a third time today. Some of his allies and his son don junior spoke outside the courthouse earlier. Trump will be speaking momentarily. And then we will be back here next tuesday because of the holiday weekend, where lawyers on both sides will make their Closing Arguments in and instructions will be given to the jury with deliberations beginning on wednesday of next week. Neil . Neil thank you, my friend. You are getting some and in that courtroom over the last few minutes we are told that donald trump was getting frustrated. We dont know exactly at what insight is, he threw down crossed his arms and this was act after judge merchan was speaking convincingly to a witness. The back and forth on this is sort of hard to necessarily say but at least it has to do something closing instructions and all the rest. Were also rated beer from the president. Also wittingly from Alejandro Mayorkas, as you know he was impeached in the house, he survived getting convicted in the United States senate but he goes on at the head of the department of Homeland Security and right now he is still pressing with his job who tried to see if they could maybe get a border bill or Something Like a pass to the senate. Is an uphill fight but Chuck Schumer is ready to wage it on thursday. 1015 is tell us what the odds are. Republicans say zero less than zero, after this. vo you were diagnosed with Thyroid Eye Disease a long time ago. And year after year, you weathered the storm and just lived with the damage that was left behind. But even after all this time your Thyroid Eye Disease could still change. Restoration is still possible. Learn how you could give your eyes a fresh start at tedhelp. Com. When we say itll be on time, they expect it to be on time. Turn shipping to your advantage. Keep those expectations with reliable ground shipping. Thanks brandon. With usps ground advantage®. With so many choices on booking. Com there are so many tina feys i could be. So i hired body doubles to help me out. Splurgy tina loves a hotel near rodeo drive. Oh tina wild tina booked a farm stay to ride this horse. Glenn close . with millions of possibilities you can book whoever you want to be. Thats my line booking. Com booking. Yeah neil i want to clarify thing is it a little bit earlier, that is my back i was not hearing but my producer told me ill tell you a little bit whats going on in the courthouse right now. No trump is getting frustrated know we have a better idea why that is, you release without a note, side that threw his head back, crossed his arms after judge merchan was speaking condescendingly to his law lawyer, that didnt go down well and there were some similar criticism of a lot of folks certainly in the trump comp were not too keen on the way the judge had treated Robert Costello, the Legal Advisor to mogel Michael Cohen and this appears to have been raised its head again what the judge over the judges treatment of mr but i do want to go to tom dupree on the significance of this Family Disorder reignites a sense from the defense team if true that, you know, we are slighted by the judge and the judge goes after them. What do you make of the . Yeah. Neil, like it does not surprise me that there will be this type of friction in a case particularly in a Charge Conference where the stakes are so unbelievably high. You will have lawyers from both sides being really aggressive and frankly maybe in the judges view kind of running him the wrong way because they are pressing their arguments arguing issues of the judge thinks hes already decided and that sort of thing. It doesnt surprise me that you see these sorts of tensions here. I suspected what the defense is urging the judge to do is to basically issue instructions that the judge just does not feel comfortable giving copper in the Defense Lawyers job. They have an obligation to kind of push as hard as they can for every instruction i think they think the lockeport, the judge will not always see the way. Again, its unfortunate that this happened but it doesnt really surprise me giving them attitude of whats at stake here today. Neil you know, tom, the judge can lead instructions for jury, the jury has been on sort of this is our roadmap, this is what we had to decide. But i jury, jurors can wander from that, right. If they like donald trump they will not listen to those exact instructions. If they dislike kim kelly will not listen to those exact instructions. Isnt that a risk . Neil, what the lord will tell you is that jurors are presumed to follow the instructions but i can tell you as a practical matter that doesnt always happen. And look, youre never going to know whats going to go on in the sanctity of a jurys Deliberation Room and i do think that you have cases where the jury leads instructions and make the mistake, these are long, complex instructions. Will probably take the judge at least an hour to deliver them week and i could very well envision a situation where jurors kind of go in one ear, come all the other when it comes time to deliberate, you know, maybe there is some random to those instructions, away in the back of their minds but to your point they will decide the way that their gut tells them in the right outcome. Neil how likely is it that judge merchan can we have three dozen counts against the former president , can he throw out some, pennies a all right, these are the remaining ones i want the jurors to deal with . Yes. You certainly can do that. And, you know, we see the trump team is basically been arguing that you should throw out all the accounts because they are just deficient as a matter of law and prosecution has not proven its case. The judge has the power to do that. In this case i think its pretty unlikely that the judge is going to throw out any of the charges and not let the jury consider them. Weve seen the way the judge had approached this case from the beginning, hes not can im going the extra mile to rule in trumps flavour and i think it is probably too have you left right now to try to get this judge to throw these charges are. I think this judge has convinced that all these charges needs to go to the jury and expect the is probably whats going to happen. Neil but about this other argument about misdemeanor versus Felony Charges and other words, or other device on the part of the defense, lets make this we agreed to misdemeanor charges and is monitored we dont elevate them to felonies, what is a significant to that, is that even likely . Well, i suppose its possible. Heres the thing. Theres a big difference between convicted of a misdemeanor and been convicted of a felony. Obviously the penalties are very different, in this case frankie i think there would be Serious Problems with the statute of limitations if they tried to Convict Trump just of misdemeanor so i think this big danger for the prosecution there. But the overarching point here is that if the jury is given an option, if they are given basically a menu of things they can you, in other words Convict Trump a felonies, Convict Trump of misdemeanors or a quick trump, thats a possibility that you could have what is viewed as a Compromise Rig where there are some jurors i might say we like to convict him of a felony, there are other jurors who might say we think it should be acquitted entirely. And then acquired of negotiate over the course of deliberations they say look at compromise and convict him of the misdemeanors. So if this jury is given the option that could be one of the most significant things that happens in the course of this entire case. Neil so what happens court is over for the delay by the way what happens over the next week . Next week is when things are going to get even more interesting, neil. What will happen first is these instructions are going to be issued to the lack jury presumably after Closing Arguments. Tuesday the judge anticipates maybe neil donald trump is going to speak right now, lets listen in. Mr. Trump thank you very much, Jonathan Turley just came out with a statement that he thinks that this case is collapsing on its own weight. This case is a disgrace. Never seen anything like it. Sens the judge stephen [inaudible] he says the judge did not declare a mistrial and everybody is saying [inaudible] andy mccarthy, what they have this kind of a case, federal persecutors and my own offices, Southern District of new york wouldnt take it would not take this. The Southern District, turned down this case. The case [inaudible] the case that bragg himself looked at in 2022 and shut it down. This is what weve been wasting all this time for. Alan dershowitz, ive observed and participated in trials throughout the world, ive seen justice and injustice in china, russia, ukraine, england, france, italy, israel as well as in nearly 50 states. But in my six years as a lawyer, and law, i have never seen such as the one i observed [inaudible] of the courthouse. [inaudible] he is a great leader got great legal scholar for years, hes never seen anything like it. Its all politics, said if anyone tells you otherwise theyre not a lawyer. Let me just tell you that the white house is up the person or the group, or whoever gather the ones trying this case. [inaudible] representative from the white house, just recently. This is about Biden Campaign [inaudible] you trying to hinder his opponent. Hes tried to hurt his opponent because they cant wear and at schmuck. Neil were monitoring this and this will be planning on our website but i do want to make time here for Alejandro Mayorkas, he is the Homeland Security, secretary and another developer and of the United States senate is there are trying to revisit that border bell. It looks like its going nowhere. Chuck schumer wants to take another stand stan added. Again Donald Trumps marks on our website are coming in but we want to address this other Important Development here because the secretary has tried to resurrect this but it looks like an uphill fight. Secretary, very good to have you. Is it an impossible fight. Republicans say you are just wasting your time, Chuck Schumer is wasting his time. What do you say . Neil, thank you for having me on. The senators and i and others put into my is amount of effort and time into negotiating the Bipartisan Senate bill. That Bipartisan Senate bill would deliver for us changes to 30yearold laws that are incredibly needed, we are dealing with terrifically woken Asylum System and well deliver for us resources at a level that we desperately need, that we do not have. Neil thats not going to go anywhere, right neck that were you there Chuck Schumer is wasting his time, youre wasting your time, this isnt going to go anywhere . Look, neil, i am focused on achieving needed outcomes in this legislation is a needed outcome and im not going to lose hope, nor am i going to stop advocating for it. The American People deserve and need it, the United States Border Patrol deserve and need it, the United States Border Patrol union supported this legislation. Im going to continue to push for it. Neil but the president is doing a lot of things that are in this measure already and a lot of people criticize him for doing that. What took you so long, including this measure to shutdown the 4000 crossing survey, some of these other adjudication and to get done in 180 days or rather waiting for years . Stuff that President Trump come down all along but didnt, that are strike you out on . Neil that we took action a long time ago. In my migration. Neil this which is an ounce the last phenomenon and we are seeing the results that take time to take hold. You know, rebuilds we built capability in foreign countries, and water marla, in costa rica, in mexico well. And sometimes they dont develop overnight, they take time to mature, and we continue to take actions within the confines of our authorities. We need congress to act. Neil medic i guess it struck a lot of people no disrespect, secretary, your predecessor was among those saying we are almost three and a half years in a greater than only now are they starting to take these executive actions. These are actions that we had been pleading with administration to take for two and a half to three years. What do you say to that . That is not accurate. That is why ice what i say. We implemented the asylum officer rule threw regul regulation. We implemented the circumvention of lawful pathways rule threw regulation. We have built additional facilities, deployed enforcement and removal operations officers. This year we have removed or returned more than 720,000 people who do not have qualify for relief under the law, more than any full fiscal year since 2011. We have been enforcing the law from day one despite the political rhetoric. Neil all right but, you know, your administration, maybe your boss, i know he was happy to see you may be survive this, got convicted in the United States senate, you are impeaching the house, only the second such cabinet member to experience Something Like that but i know youre trying to go on and move on but a lot of your critics have said as they have of your boss you watch this, he watched whats going on at the border. Donald trump was much tougher on the border. Believed in the wall, it seemed to work, you did not, the president did not and this has it all catch up for you guys. What do you say . Neil, lets take a look at the history of migration or rather rather than take political snapshots. History of migration is that the level of encounters that are on our southern order increase almost 100 in 2019 over 2018. What distinguished 2020 when the numbers dropped. Significantly . The covid19 pandemic that really dropped migration, not just to our southern border, not just throughout the Western Hemisphere but around the world. And this country under the leadership of president bi biden, overcame the covid19 pandemic more rapidly than any country in our hemis hemisphere, our economy came roaring back more than any country in our Western Hemisphere, and people seek to come to the United States because of the opportunities here, Economic Opportunities here. We still have approximately 8 million vacant jobs in the United States that American American workers are not filling. And so therefore our exam system, which is fundamentally broken, presents an opportunity for them to remain here for too long despite that within the authorities that we have that we have returned or removed more people in the last 12 months then in any full fiscal year. And we are using our legal muscle more aggressively than it has been in the past. With neil thats good, secretary continue the must pass the legislation. Neil the bottom line is you were in charge of keeping us safe and do you think we are safe with how porous the border has become, not to say its all your fault under say that hour we seek your neck safer now than we were before 911 . I would say three things, neil, one, im incredibly proud of the men and women updated states Border Patrol that risk their lives every day neil im sure you are, but are we safe . Number two, our screening and vetting capabilities are stronger than they ever have been. And three, the reality is, neil, that we, and not just the United States alone, but western countries, are in a heightened Threat Environment, especially after the october 7th Terrorist Attacks by hamas against israel. That has only elevated the Threat Environment in western countries, and that is why we are as vigilant as we are, 24 7, in keeping our country safe. Neil real quickly, switching gears, robert f. Kennedy jr. , he has asked repeatedly for Secret Service protection. You are the guy who would provide Something Like this, or say yes to it, and apparently you have said no, and he is still looking. Why not . We have established factors. We have a Bipartisan Group of leaders in the United States senate, in the house neil why wouldnt he qualify . Given his family history, why wouldnt he qualify on that alone . Because the factors are securityrelated. The Bipartisan Group of members have recommended to me that security be declined. It is ultimately my decision. But i have followed their recommendation each time. Neil do you think that would be a mistake . I do not knowingly make mistakes, neil, and in this case, i have followed the recommendations of a Bipartisan Group. Neil got it. Secretary mayorkas, thank you very much. A lot of ground to cover, we appreciate you taking the time. That will do it for us here. The five is now. Dana hello, everyone to i