what president trump will say following 34 counts of falsifying records. his team is focusing on next legal steps. the president telling fox news, think about how something like this could have happened to our country. november 5 will be most important day in our country, we will be fighting hard. listen. >> i predict this will increase t turnout on our side, he will win, he will become next president. he was already crushing joe biden in the polls. i think it will help us and that huge enthusiasm gap will be wider. >> todd: judge juan merchan set his sentencing july 11th. they will challenge this. because of pretrial publicity, former president could not get a fair trial. and the judge's exclusion of witnesses and the judge did not recuse himself after he donated to president biden's campaign and the judge's lawyer works for a democrat political consulting firm. expect all this to be spoken about at trump tower. >> steve: thank you very much. he'll be able to talk about pretty much everything. i said first hour, i believe the gag order has been lifted. that is a thing the judge has to do formally and that is uncertain if that happened. >> ainsley: jonathan turley asked him and he said judge would have to fill out paperwork, without a trial, it has not happen yet. >> brian: why rush it, talk about his wife and his daughter. july 11. >> steve: three dates, there is november 5. listen to former president last night. >> this was a rigged, disgraceful trial. real verdict will be november 5, by people and they know what happened here and everybody knows what happened here. it is just a disgrace and we'll keep fighting until the end and we'll win. our country has gone to hell. we will fight for our constitution. >> lawrence: bring in the great one, life, liberty and levin. mark, the jury decided he was guilty and the judge stacked the deck, what is your reaction? >> marc: >> mark: couple of things, my reaction is the democratic party has destroyed our system. jack smith criminalized challenging of election, separate slate of electors, charged trump related to free speech comments and you combine that with merchan and alvin bragg, who have criminalized we don't know what, affecting an election, we don't have the foggiest idea what is legal or illegal in our federal election. that is number one. number two, we have half the country cheering fact the constitution of the united states was shredded. we don't know the pred ind predicate crimes, the jury st instructions and joe biden is perfectly happy with it. they will change election laws, tax supreme court justices, the demo democratic party embraces the river to sea crowd, antisemitism, way they embrace racists in 1950s and '60s. that is number one. number two, i don't mean to upset anybody, there are lawyers who do different things, different experiences. i spent 40 years litigating federal government and state government and as chairman, we took up cases we said we could never win. school choice is now an option because landmark spent 20 years and were told we couldn't win and won. bill clinton was held in contempt because of letter of judicial notice, with judge susan wright in the late 1990s to inform her she should hold bill clinton in contempt. that letter was the basis of her decision. job of lawyer advocate, find rarely used avenue to represent your client. we've heard over and over from people with different experiences and know new york appellate system, what have they said? basically said justice denied is okay. the whole purpose of this case was to affect the election. when you say we'll have a reversal, it will take time after the election, evil actions done, hand ringing done by lawyers and others for six weeks will be rewarded. when you say merchan does not feel about the appeal, what is your response? five years from now american people will rise up and change the legal system. we can't. it is not subject to vote or sovereignty, that is whole point. judges at federal level are appointed for life, they don't give a damn what i say or anybody on fox, they have a c con constituency, merchan and alvin bragg are the same. the question is this, do we allow this to go by without bringing the matter to the stepings of the supreme court? i'm not nostradamus, the country is worth it. i deal in appellate and supreme court realm, not trial court realm. how do you get this case out of the mire of new york, which takes a long time, new york lawyers are telling us, which will be done after the election. what do we do? we sit here and ring our hands and whine. no, we don't, we try even if we fail. to pave a way to the united states supreme court. why is this important to the united states supreme court? multiple reasons. lawyers have said this case has a national impact, a state why, acting state judge took federal jurisdiction. is supreme court happy with acting judge taking jurisdiction over federal campaign laws? i'm betting not. why? there are thousands of judges in 50 states and state prosecutors, they can do whatever the hell they want to do, no due process, no medicate crime, no element to be proven. is new york appellate court will decide for the whole damn country what goes on in minnesota and california and kansas and oklahoma? no. no. we're going to reward timing that alvin bragg and merchan timing right smack in middle of the damn election to affect the outcome? no. come up with serious legal argument to find a pathway to get out of this mire, this muck and hope the supreme court will take it and do the right thing, if they don't, it is over. what do we do? look at last time supreme court got involved in a presidential election, it is rare, they did in bush versus gore because florida supreme court was out of control and changing election rules. the court took it up because they had a petitioner, the bush team petitioned the court. well, the court will never take it. what did they do? equal protection clause of fifth amendment ashes applies under 14th amendment, you treated voters unfairly. certain chads and ballots were counted and voters don't know what the rules are. this is worse. this is not within a state, this is affecting the whole country. we don't know what election laws, candidates don't know, presidential candidates don't know. cannot allow a single judge try to influence presidential -- one judge. you cannot have that in this country. we can't sit back and say it is going up new york judicial process, it will be reversed. the impact is national and right now in middle of presidential election. bush v gore seem to suggest the court might be receptive to it, i don't know. the way you get it, because let me tell you, bring a writ of st statuary. common law writs used rarely, has been used. the court, common law writ, judiciary on its own based on own power and precedence can take up a case. what i would do, go up appellate process in new york, court says no, supreme court, that is all you have got. protect your option and right and don't miss timing and this case stands in new york. simultaneously, i would move to for the appellate court to stay any further decision by the lower court and try to go to the u.s. supreme court and say supreme court, for all the arguments you have heard, due process violations were not just donald trump, intended for the outcome that took place to get a guilty verdict, disparate treatment of republican party, republican voters and candidate and interference in the election because donald trump has not been allowed to campaign and go to rallies and voters and the american people are the victims here because we're not running a normal presidential campaign as a result of a souros prosecutor and conflicted judge. that is the issue. there are ways to get to court. the court can say no, if you don't ask, you will not get an answer. >> steve: when donald trump does the talking, maybe he will reveal they are going to fast-track things and go directly to the supreme court. if so, you heard it here first. >> lawrence: watch life, liberty and levin saturdays. >> ainsley: he said the judge does not respect the law, why would i respect the judge. >> brian: we'll put you in jail or house arrest or weekend arrest, find way to suspend this judge. >> ainsley: toss like brian would. someone never been in jail, carley shimkus. >> carley: you don't know everything about me. i do have a past. only kidding. fox news alert. three dead including a police officer and suspected gunman after a shooting at a minneapolis apartment complex. the officer was ambushed while responding to report of gunfire. he was providing medical care to someone he thought was injured and the man shot him. the officer was 28 years old. >> he was a hero, son, father, fiance, deeply committed to protecting and serving, he would run toward danger when the rest of us would run in the other direction. >> carley: four others were shot including a firefighter and another police officer who is in critical condition. the illegal immigrant accused of murdering laken riley is due in court this morning for arr arraignment. jose antonio ibarra. laken riley was killed in february. she was only 22 years old. police in los angeles looking for a homeless man caught on camera throwing rocks at cars speeding down the freeway. a motorcyclist hit one of the rocks and skidded down the road. multiple cars were left with body damage and flat tires. the guy ran off and has not been found. overnight, tampa seventh grader taking home the prize after tie-breaking round in the 24 scripps national spelling bee. this video was provided by scripps national spelling bee. >> [spelling] >> time. [cheering] >> carley: he takes home the spelling brae trophy and $50,000 prize. congratulations, and pasolg sology is concerning medicine. >> what do you have? >> ainsley: brian has one. >> brian: my friend from north carolina has done it. he says pasology to develop proper dosage required to pump up dark brandon for his debate. how about that. >> carley: i can't say that in a headline. >> brian: you can't? >> carley: news i want sure came from proper source. >> lawrence: caused you to knock over your laptop. >> brian: the area rug saved this, apple care gives sense they will fix something. >> carley: hats off to that young man. pasology does not seem like the hardest word to spell. pasos, greek word. >> steve: that was the word after the winning word, that was the last one. >> brian: a warm-up word. >> steve: he won with a different word. >> brian: are you trying to -- is there a scandal in the spelling bee? >> ainsley: no, trust me, he's so smart, you would think it would be like supercalifragilisticexpialidocio . >> brian: pasosology, something possums do. >> lawrence: we are done trying to be spelling bee champions. trump's trial, appeal process. >> steve: kerri urbahn is here to join us. >> brian: she's off the streets. >> ainsley: what? summer friday, beach boys performing "good vibrations" live for the summer concert series. >> steve: sing it, mike. ♪ ♪ vibrations are happening. ♪ k ♪ got to keep those vibrations happening. got to keep those loving good vibrations happening. ♪ ♪ keep those loving good vibrations happen ing. good, good, good, good vibrations. ♪ ♪ good, good, good, good vibrations. ♪ ♪ everybody wants super straight, super white teeth. they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. i love that my daughter still needs me. but sometimes i can't help due to burning and stabbing pain in my hands, so i use nervive. nervive's clinical dose of ala reduces nerve discomfort in as little as 14 days. now i can help again. feel the difference with nervive. norman, bad news... i never graduated from med school. what? -but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... i know... faster wifi and savings? ...i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. life's daily battles are not meant to be fought alone. - we're not powerless. so long as we don't lose sight of what's important. don't be afraid to seize that moment to talk to your friends. - cloud, you okay? because checking in on a friend can create a safe space. - the first step on our new journey. you coming? reach out to a friend about their mental health. seize the awkward. it's totally worth it. >> steve: "fox andfox news alerd trump keeping up the fight as how vows to quickly appeal his conviction yesterday. >> brian: kerri urbahn joins us now. that will be the focus, we are looking at sentencing and appeal process. merchan said he will focus on should the judge recuse himself overseeing this process, is that place you would start? >> there are a lot of places to starts. in america, you have the right to know what you are accused of it is nuts for the jury, for us and defendant to learn underlying crime at end of the trial and after they can respond and there was a smorgasboard to choose. on the verdict, 34 counts, fal falsifying business records. we have no idea what the other crime was. that is something you could reveal. unlawful mean to promote a candidate. >> ainsley: will we ever learn that information? >> steve: i don't think we will. unless a juror talks. people on donald trump's side or not, seeing what happened, how the judge stacked the deck against him, what if donald trump loses the election and on appeal that is reversed? >> that is possible. i don't know how much this will play into voters as far as they think we don't want to vote for him now. people who are tired of trump have still been ensensed about this. >> brian: like bill barr. >> lawrence: we have seen in state of texas, any time we enforce border law and fed step in and say that is our authority, there is a stay on that. this case, this is a federal crime, essentially, the state is trying to prosecute, why have the feds not stepped in and said you overstepped the authority. >> because we don't know if that is where they landed on the underlying crime. if we knew the jury found this underlying crime was violation of federal election law, there could be something done. doj passed on that, we don't know where they landed on that. prosecution was determined to c conflate dirty with illegal. prosecutors are proudly saying, no one is above the law. that includes them. they did abuse of law. what they did is worse than what they think donald trump did. they are entrusted to apply the law fairly. we know it was not fair, donald trump learned what he was accuseded of on the last day and defense goes first, which is a crazy rule in new york. witnesses were not brought in to provide context and truth and statute of limitations was manipulated, that is abuse of the law. they are accountable. >> ainsley: if this would have happened four or eight years ago, we've been through so much, polls are showing it probably won't affect the election. after what we've seen with hillary clinton and documents found in garage of joe biden and trump's mar-a-lago and mueller report, then this, not going to affect the way i vote anymore. >> it is bigger than donald trump, bad day for justice system. >> brian: just beginning, there will be retribution. trump will speak outside trump tower at 11:00. >> ainsley: senator marco rubio is next. that's why this memorial day, we have huge savings on premium kitchenaid appliances. get everything you need to make a statement in the kitchen and on the table. shop lowe's now for great memorial day deals. there are many ways to deliver a shipment. at old dominion freight line, we deliver them this way. this way uses technology and goes the extra mile to do things the right way. the delivering promises on time, every time, way. why choose a sleep number smart bed? can it keep me warm when i'm cold? wait, no, i'm always hot. sleep number does that. save 50% on the sleep number limited edition smart bed. plus, 0% interest for 48 months when you add an adjustable base. shop now at sleepnumber.com your best days of the year start here, at kubota orange days. it's the year's biggest selection of kubota tractors, zero-turn mowers and utility vehicles, including the #1 selling compact tractor in the usa. plus, the year's best deals, like 0% apr for 84 months, or up to $3,300 off select compact tractors. orange goes all day; sale's ending soon. visit your local dealer today. find your nearest dealer at kubotaorangedays.com ( ♪ ) >> steve: fox news alert. ramped up secu security outside trump tower. former president trump will speak at 11:00 this morning after last night's unpre unprecedented. >> what i would do, just me, go up the appellate process, if court says no, the supreme court is all you got. don't miss timing and this case stand in new york. simultaneously, if i were trump's lawyer, move for the appellate court to stay further decision by the court and go to the u.s. supreme courts r court. >> steve: we have florida republican senator marco rubio. good morning. >> good morning. >> steve: we have heard for months that the democrats were looking forward to him being convicted to refer to him as convicted felon. we were talking to mark penn, the pollster, this is bo boomeranging and igniting donald trump's base and people who were not on his side are going, i don't know if that is fair. >> we have to divide political aspect of this. from political side, this is a big win. trump's website last night crashed, . you just walk out and not talking about people in studios in new york and washington, d.c., you guys excluded, that are giddy about this. wherever i was, kyrstecnn was o air and you hear somebody on the set, not jake, somebody giggling and cheering and gasping and they were joyful about what happened. you take those people aside, average person, they convicted him of felony because he categorized payment to his lawyer as a legal expense, that is a felony? when you tell him the judge was open biden supporter, the daughter democratic operative, the d.a. prom i ised to put tru away and the way the trial was conducted. no doubt there will go to the appellate process and i think there are federal constitutional rights that were violated. i think trump benefits from this. i think they elected him president lasts night. we live in united states of america that looks like the countries i've visited and we've lectured about rule of law, the law is weaponized to go after political opponents. if you stand in our way, we will make your life misery. trump has means to pay and fight this, most people out there, myself myselfed, it would bankrupt me. that is what i think we fear now, there are plenty of prosecutors prepared to charge people on the right with crimes in order to get them out of politics and that is scary place to be. i never thought i would live in the united states of america that had that feature in politics. >> steve: let's see what the former president has to say at 11:00. senator, thank you for joining us today. >> thanks for having me on. >> steve: it is friday in summer and we are talking to beach boys next and they are performing god only knows live for all american summer concert series. ♪ ♪ after having, yeah, the whole night through. ♪ ♪ happy time together with family, wish it is never-ending. ♪ ♪ ♪ ♪ maybe ♪ ♪ ♪ ♪ ♪ [beach boys singing] ♪ ♪ ♪ ♪ why choose a sleep number smart bed? can i make my side softer? i like my side firmer. sleep number does that. save 50% on the sleep number limited edition smart bed. plus 0% interest for 48 months when you add an adjustable base. shop now at sleepnumber.com 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! >> steve: are you ready for the show, folks? [cheering] >> steve: friday in the summer and we've got beach boys with us. ladies and gentlemen, introduce you to introduce johnson, mike love and john stamos. >> mid-80s, by the way. >> ainsley: you are here to sing and talk about your tour. you have a document ary out rigt now. >> they have been promoting it all over the world, many places in the world, i think slslovani. melania trump made a call. >> steve: tell us about the tour. >> woo are busy, sleep three hours and we're here. >> before being home, in new jersey. >> we get around. >> i'm coming august 1 to jones beach. i will be there. >> ainsley: a lot of americans have been down about the news yesterday. i'm in the green room listening to you and i'm like, everything is going to be all right. john, you have been involved how many years? >> i think '85 in d.c. fourth of july. >> he was [indiscernible] -- >> ainsley: use this. >> discord is all-time high and decency all-time low, thank god we have the beach boys. >> ainsley: god bless. >> steve: and apple has come out with top songs and you are on there. >> rolling stone did a thing about 500 top albums and beetle beatles have number one and we have number two. >> brian: john, do you have a favorite beach boy song? >> anyone he wrote is my favorite. they're all beautiful. the music they wrote was made for this moment, almost more powerful now, it is needed. >> steve: especially during the summer, endless summer. >> triple platinum and sold a million copies in great brittian. >> steve: before beach boys, did you do anything in show b business? >> your voice got higher, you reaching puberty again. >> next to my son and my wife, this is the thrill of my life. this great music. >> brian: is he sexy or what? round of applause. it is unbelievable. >> janice: he's very jealous. >> i like your tan. >> ainsley: how did you get involved in this? >> i stalked them for a while. i used to drive my bike, his parents lived near where he lived and i would go ride my bike and your mom called the police on me. no. i loved them so much and hanging around and mike asked me to play and carl and the rest of the guys. >> the girls were screaming for him, blacky. he was running and fell away from the girls. i said, do they all scream for him? does he play drums? yes. get him on stage. >> hired. >> brian: do you like dana perino? >> yes. >> she has a show coming up after this, will you toss to her and ask her what is on her show in the camera? >> dana, whatever you do is great with me. >> dana: can i tell you something, my very first concert, 1984, red rock, beach boys. >> well, begun and south done. beautiful. >> brian: dana -- queue up the show. >> dana: red rock 84 or 85, don't google that. history made in the trump trial. that is not slowing him down, press conference at eleven 11:00. how do trump's lawyers feel about their appeal? and democrats, dog that caught the car, panel of jonathan turley, trey gowdy, paul mauro. see you at 9:00. try killing bugs the worry-free way. not the other way. zevo traps use light to attract and trap flying insects with no odor and no mess. they work continuously, so you don't have to. zevo. people-friendly. bug-deadly. >> do you ever have a run-down feeling, lack of energy or just not up to par? now this could be caused by a lack of minerals because you have probably never consumed more than 15 minerals in your life due to a lack of minerals in foods because a lack of minerals in topsoil. your body needs 60 minerals! i'm elmer heinrich, asking you topreserve your body with immuno 150, an exciting nutritional product that contains 70 minerals and 80 additional nutrients. there's nothing like it . immuno 150 has propelled me to 90 years of age with no prostate or health problems, dementia, diabetes, high blood pressure. nothing and i mean nothing ! i still have mental clarity and focus. i still have all my hair, don't wear glasses, i don't have false teeth or wear hearing aids. now, immuno 150 can do the same thing for you, so preserve your body with 70 minerals like me and my wife have. you can order immuno 150 online or call 888-316-2224. that's 888-316-2224. >> ainsley: it's time for the all am cage summer concert series. >> we have been feeding you from all of our recipes from gathering grill. we're excited about the book. thank you for the support. we have the breakfast patty wrapped in bacon, you know all about it. a lot of goodness. do you see the beach here? all out of brown sugar in honor of the beach boys. got our wonder bread. so thank you for having us. >> steve: the beach boys have a tour, documentary on disney plus and a book. if you want more information go to the beach boys.com. at center stage we have the beach boys and john stamos singing. [cheers and applause] ♪ ♪ ♪ ♪ [cheers and applause] >> that's what i say about you, good job, guys. >> steve: when you travel, is that your most popular song these days? >> sing along. we have some other ones, help me, rhonda, i get around, kokomo was our biggest selling record anywhere. >> when we're in indiana -- >> after yesterday's news does this make you feel a little better? [cheers and applause] >> can i be part of the band? >> you did a great job. >> i think you dressed the part. >> she did. looks good. >> ainsley: you have your book, documentary and tour. the beach boys.com for all the information. tell us about the book. >> the book is by genesis. there is one that weighs 11 pounds in its old sack and they've sold out at $2 thousand each. substantially less expensive one but still a very nice book. >> steve: you guys have always been great friends of show and great to have. ladies and gentlemen, the beach boys! [cheers and applause] >> this was a disgrace. we didn't do a thing wrong.