>> we are going to show [bleep] the power of the [bleep] south bronx. we are going to show them who's the [bleep] we are. get big money out of politics. i am the hip-hop congressman! >> sandra: jamaal bowman new york congressman rallying the progressive allies of the bronx to heaven over the weekend as new york voters head to the ballot box for today's primary. the race for the 16th congressional district will be one of the most closely watched as bowman faces a tough challenge from moderate opponent george latimer. >> a loss would make in the first member to lose in a primary of the cycle it would also signal a rebuke of progressive policies from the democratic base. will get more from brian brenberg and taylor as a host of the "big money show" coming up. >> sandra: we begin this hour awaiting the start of a hearing in the classified documents case against former president donald trump is the judge considers a motion to withdraw evidence seized in the mar-a-lago raid. hello and welcome everyone and sandra smith in new york on this tuesday, julie and it's great to have you here today. >> thank you, sandra gillian turner in washington and for john roberts' afternoon this is "america reports." that hearing today follows contentious proceedings having yesterday over possible trump gag order. doj prosecutor and both sides argued over the legality of special counsel jack smith's appointment in the classified documents case. >> sandra: jillian come this is all happening soon. the hearing on evidence taken in the mar-a-lago raid. if we could tee up some of the sound we have here, this was jonathan turley if we have it, he joined us on the program yesterday and he was slamming jack smith's push for a gag order listen here. >> saying i want to gag the leading presidential candidate from criticizing the department, criticizing the fbi. i mean, just trying to get your mind around that, this has been the signature of jack smith who seems to believe as oscar wilde and nothing succeeds like success. >> sandra: now done with a really good point for all of us very hard rubber mind around, jack smith's gag order too far according to jonathan turley. >> gillian: he also said jonathan argued last week part of the reason you oppose a gag order during a trial and the criminal proceedings is to have leverage over the defendant, right? you don't want them to behave a certain way so you threaten to oppose financial penalties or even jail time but now that the trial is over and he has been convicted he holds the ultimate leverage right now which is the sentencing which he will hand down on his own. jonathan was essentially saying this is moot, there is no need for it at this point in time because the judge already has that ultimate leverage over trauma. >> sandra: all right, thankfully carrie is with us we are doing a little tap dancing as we get your shot up and going if i could while i t you up, this is some of the left-leaning media and legal analysts slamming judge eileen, listen. >> she knows what she is saying is alive. and yet, she says that anyway from a position of a federal bench. >> the decisions are not coming quick enough. she is asking too many other people to come in and give their opinions. >> there is no question she is an experienced and she does not have the tools to handle a case this complicated. >> really questioning her skepticism of the gag order, kerri. well, we thought we had kerri, are you there? >> sander or gillian i'm so sorry. >> sandra: it center go ahead. >> i think it's ridiculous the questioning in general of the way the judge has handled this case. if anything, i think she has handled it wisely. she understands the gravity of what she is dealing with given the fact this is a person for the republican party running for president. and there are a lot of requests being made by his team as would be the case of any kind of high-profile case of this nature, so all of these hearings and motions we are seeing are frankly part for the course. i think people are just not used to them because they don't watch court dramas unfold every day and donald trump is at the center of it all but i personally do not think there's anything unusual in the way she is handling it. if anything, the criticism of her taking her time, shouldn't she be smart and methodical and thorough? given with the stakes are? i would answer yes. >> sandra: to go to back to jonathan turley's point is we played a moment ago as we are getting your shot ready he is saying i want to gag the leading presidential candidate from criticizing the department, criticizing the fbi, says turley, try to wrap your mind around it but he said this unfortunately has been the signature of jack smith who seems to believe as oscar wilde did that nothing succeeds like excess. what is your response to that? >> i completely agree. what i think is particularly foolish about jack smith's strategy with respect to this gag order is this documents case is probably the strongest of all the cases against donald trump right now. and so why go overboard? why attempt to gag the republican nominee are about to nominee, a front runner i'm in this way, trample the rights really of americans because that's what will happen. this case at some point is going to be over, but the way that jack smith, i think, is unilaterally redefining the parameters of this speech and trying to get courts to go along with it is really troubling for the future of the rights of all americans. and you know, center, think the most compelling point in all of this is that donald trump has been combining about the fbi rating mar-a-lago for two years now, almost sugar years. why now just a few months out before the presidential election? does jack smith think it is imperative donald trump be gagged and not speak about something he has a right to complain about. sure, was the fbi following their standard protocol when they went to mar-a-lago? yes. does that mean a defendant does not have the right to complain about it? of course time. by the way in fact there has been a separate conversation going on for some time regarding protocol surrounding these rates so we could see some changes about those in the future, so this is not donald trump is complaining about this in the corner of her here is an ongoing conversation happening in washington, d.c., right now. and, again, defendants are particularly upset when the fbi shows up at their house whether they are donald trump or not, they have a constitutional right to express that frustration provided they are not causing any harm or inciting harm or violence or some which donald trump is not in this instance as the fbi and the police are used to being criticized, that's part of the job, and for him to really push for this gag order, again, it's just a really troubling infringement upon donald trump's constitutional rights in this case. >> sandra: before you go i want to ask of our president biden and the white essence of democrats who were quick to condemn the anti-israel protesters who were blocking jewish californians from entering a synagogue, it happened in los angeles over the weekend. but carrie, there is a law already on the books that would make this a criminal offense. blocking access to a house of worship is specifically forbidden by the 1994 face act which states by a force or threat of force or metaphysical obstruction, intentionally injures or interferes with or attempt to injure or intimidate or interfere with anyone seeking to exercise the first amendment a right of religious freedom and of religious worship so it's great they condemned this, but will there be legal action for it? >> there certainly should be for a couple of reasons. one, we know merrick garland is particularly sensitive to anti-semitism and attacks around it. how do we know this? because he lost members of his own family and the holocaust and merrick garland has testified before congress a number of times about his passion for this issue. in fact he typically gets emotional when he talked about it he cries. that is how near and dear this is to his heart too as you mentioned, senators and federal law and the books the books. it is interesting about the face act typically it is used against people blocking doorways to abortion facilities but there is as you just mentioned a key in that law which is and/or which is also to prevent people from blocking access to houses of worship. this situation in california fixed squarely within the four corners of this law. and i really hope the department of justice given the fact they have made enforcing civil rights for all americans, or so they say, a hallmark of their 10-year under president biden i hope they make this a priority and i hope they look into it and they don't let the politics of the white house get in the way. >> sandra: carrie thankfully we got you up and going, thank you very much for joining us on all of that. gillian? >> gillian: thank you, sandra two days to go into the cnn presidential debate the latest polling at from real clear politics show the race is neck and neck president biden, former president trump making their very final preparations let's go to jacqui heinrich who joins us from the white house with all the details on what the president is up to hi, jackie. >> hey, jill end. we have not seen the president for 5 days and all we really know about his debate preparations is they had lasagna for dinner last night and among his longtime aides that are there helping him, 16 of them includes mina dunn, mike donnellan and ron klain come a long allies. but trump's one-time debate opponent former secretary of state hillary clinton is offering a tale of her own experience debating trump and some advice to the audience seeming to lower the bar for biden she rise in "the new york times" opinion piece "unfortunately mr. biden starts from a disadvantage because there is no way he can spend as much time preparing as i did eight years ago. being president is not just a day job it's in everything everywhere all at once job. historically this leads to weaker first debate performances from the incumbent end as viewers we should not get out stomach caught up on the theatrics." not even trying to refute trump's argument because it "digresses into" and it looks like the campaign, the biden campaign, is looking that in the new ad by circling back to personal grievances. >> donald trump loves to attack joe biden. >> joe biden. >> joe biden. >> because he is focused on revenge and he has no plan to help the middle class. he will just give more tax cuts to the wealthy. >> the ad goes on to say biden will lower costs of things like prescription drugs but polls show that voters disapprove of biden's handling of the economy and has not gotten a cut right yet they say despite how people feel, things are going well. >> here's the thing something we've been talking about for some time, right? the economy and you are right the data shows the economy is indeed strengthening, it is stronger. >> a pro pack among them why do you repeatedly lie about your record on inflation and why do you think illegal immigrants are above the law, certainly no indication cnn would take those questions up but it may give a insight into trump's possible attacks on the current president. >> gillian: jacqui heinrich and pennsylvania avenue for us this morning or this could afternoon i should say. the democracy 24 coverage of the simulcasts are coverage of this thursday june 27th 8:00 p.m. eastern right here on fox news. >> we have gotten into martinez wrangles phone and found evidence he is searching for ways to leave the country once his image was released to the media. >> sandra: prosecutors revealing more information and the brutal murder of a 12-year-old girl allegedly killed by two venezuelan migrants. what we are now learning about one of those suspects. >> gillian: plus the seven and half million migrants have been released into the u.s. pending hearings this year as border officials struggle to keep pace so shutting down the largest facility in the country that would certainly house some of those people? former acting ice director who will weigh coming up next. 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. that's my line! booking.com booking.yeah starting a business is never easy, but starting it eight months pregnant, that's a different story. with the chase ink card, we got up and running in no time. earn unlimited 1.5% cash back on every purchase with the chase ink business unlimited card from chase for business. voices of people with cidp: cidp disrupts. cidp derails. let's be honest... all: cidp sucks! voices of people with cidp: but living with cidp doesn't have to. when you sign up at shiningthroughcidp.com, you'll find inspiration in real patient stories, helpful tips, reliable information, and more. cidp can be tough. but finding hope just got a little easier. sign up at shiningthroughcidp.com. all: be heard. be hopeful. be you. spewing the second suspect is appearing in a courtroom this morning the judge set bail at $10 million. the county d.a. tells fox news officers now pursuing the death penalty, listen. >> the case is horrific. jocelyn's last moments were unspeakable. she endured assault for multiple hours, but since neither defendant has actually admitted that, it's circumstantial evidence we will have to prove it. we are waiting on lab tests now to see if the capital murder charge can be upgraded to one where there are death penalty eligible. >> prosecutors are accusing two venezuelan men in the u.s. illegally and then strangling her to death. >> to okay despite executive actions on the southern border authorities reporting thousands of migrants have entered illegally over the last week alone matt finn is live in arizona for a smack from one of you seemed just today? >> right behind me, sandra from his mexico and all morning long we have seen border patrol agents here patrolling the wall. they tell us migrants to illegally scale this will weather by climbing it or using a ladder. here at the southern border since president biden's executive order on asylum the number of illegal encounters has plummeted here in recent weeks. for example the tucson sector where we are just a couple weeks ago earlier this year the number of daily counters was 2500 now sitting at about 400. that 400 number represents the illegal migrant encounters, that does not represent a number of got aways. those are the people who evade authorities and escaped into the united states. now despite executive order the number of got away for a lesser minds hundred a day nationwide. according to data by fox. since the beginning of the fiscal year 2024 for example there been 61,700 got away for a lesson they all packed so sector followed by 54,000 of the tucson sector where we are. and about 30,000 in the del rio, texas, sector. out a presidential debate president biden can be expected to tout the illegal encounters have dropped since his executive order but they say the borders we too porous. >> president trump had a secure border he handed you joe biden enter biden biden opened it up because he wants this policy. this is the reason we impeached secretary mayorkas he is failing the american people and doing his basic job at keeping us s safe. when he says the border secure he know that is a lie he has also held press conferences saying they are betting these people. we know there is no vetting going on. >> no dhs secretary mayorkas is scheduled to be here in arizona tomorrow, we will keep you updated on his visit. also you may recall vice president kamala harris was tasked with finding the root causes of illegal immigration at the border. she was here in phoenix yesterday, but did not come here to the border, sandra? >> sandra: matt finn than thank you. >> gillian: thanks, sanderling biden administration shuttering the largest ice detention center in the border grasses on on the heels of some high-profile criminal cases including migrant suspects the last couple of weeks least in the u.s. pending court appearances. ron patel a former acting ice director and u.s. border patrol chief so essentially ice as they will replace the center it houses about 2400 people and they will replace that with 1600 bids at other facilities. first off, 1600 is 800 less then 2,402nd of all aren't the rest of the detention facilities in that region already at overcapacity? >> all of the border patrol processing facilities ice detention space is probably underfunded given the volume at the border and this administration you can just tell they are tone-deaf on this issue. besides having no credibility what is happening is an absolute travesty we saw what happened to this family in houston, the family in new york and a couple of days before this is happening all over the country. if you are detention beds enough funding for detention, think about the numbers we just saw that's a big problem that's a big threat across the country but you also have the government releasing people in vast numbers. the fastest way to deport someone is having them in detention very the fastest way not to be deported is to have them not ended tension and there are millions of people in that situation just since this presidency. >> let's bring up some of those numbers so your viewers can see what you're talking about this is the nondetained docket more than double since president biden came to office three years ago. you can see right here fiscal year 20,213.6 million and counting. fast-forward to today fiscal year 2024 so far, 7.4 million. only halfway through the year. >> it's out of control. is another example of how this administration has been derelict in their duty to secure the border and protect the country. there is no reason for that many people to be released in the united states but because of the policies that were rescinded when joe biden took over we have this huge rush at the border still in record territory even if they noted a downturn in activity. in record territory in today's pace there are still a million people who will be encountered by cbp in a year's time. >> this is what the administration says about reasons for shutting this down. this is a statement from ice. "ice fuses the overall detention capacity to close certain facilities insufficient return on investment this includes closing the south texas residential center which is the most expensive in the detention network" so we get it, it's expensive. what do they mean by return on investment? >> this thing was built to house families together into tension back in the obama admini administration. around the air of 2014, it was open to hold families together so they could see a judge and be removed because most of them did not qualify for the set asylum claims they were making so it was before that it's not as good for single adults which it can be held and should be held in larger numbers, given what is going on at the border so they are trading those dollars rather dollars in different facilities. >> it's something, ron we have to leave it there but thank you for joining us in person. >> thank you for inviting me. >> sandra: millions of people everywhere dealing with diabetes. there may be a new option for your insulin treatment. without needles dr. marc siegel on the brand-new developments. >> gillian: plus top fitness trainers asking people everyday about their workouts and what you do to stay in shape the creator of body by mark will be joining us live tips on getting into the best shape of your life can't wait to hear. ♪ ♪ my psoriasis was all over. then psoriatic arthritis. who knew they could be connected? for me, cosentyx works on both. cosentyx helps real people find clear skin. and in psoriatic arthritis, can mean less joint pain, and help stop further joint damage. serious allergic reactions, severe skin reactions that look like eczema, and increased risk of infections some fatal have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to or if ibd symptoms develop or worsen. ♪see me♪ >> gillian: welcome back karen reid's cases in the hands of the jury after closing arguments and jury instructions just wrapped up the defense attorneys of a cover-up, molly is outside in massachusetts what are you learning the sour? >> gillian i want to show you the scene here this is karen reid supporters gathering in large numbers but particularly large today they are waiting here to come out of the courthouse, the closing arguments have concluded, the jury instructions delivered and as you mention karen reid's fate will soon be in the hands of that jury. in the closing arguments defense attorney alan jackson hammered home that theory reid was framed, that she never hit her boyfriend boston police officer john o'keefe with her suv but instead expert testimony that o'keefe's injuries did not match up with a vehicle strike and in rapid-fire he listed the things people linked to the case did as part of a grand conspiracy to scapegoat his client from this perspective, listen. >> secret friends and family meetings to get your story straight, and delete your call history, make mysterious phone calls at 2:00 a.m., get rid of evidence, get rid of your dog, destroy your phones, destroy your sim card. prosecutor allen lally pressed back against allegations of cover-up and started his closing argument with an effort to use karen reid's own words as relayed by first responders at the scene against her. >> i hit him, i hit him, i hit him, i hit him. those of the words of the defendant. four times we hear testimony from forker different witnesses. >> court 12 jurors, one juror was dismissed today another juror was dismissed earlier in the trial so right now those 12 jurors have a big task of getting to their work, reid has pleaded not guilty to these charges of second-degree murder, manslaughter and driving under the influence and leaving the scene of a collision causing injury and death and that is with the jury will be talking about starting today. >> gillian: thank you, sandor? >> sandra: thank you, julian. and a study showing how millions of americans living with diabetes can avoid needles, fox news medical contributor, what do you estimate is the number? i saw something like 38 million people living with diabetes in the united states alone, dr. siegel, so this would affect a lot of people. and the change is that the alternative would be an inhaled form of insulin? >> sandra i'm so glad we are talking about this because 38 million diabetics, 1.8 million of them are type one meaning they cannot live without daily insulin and millions more who need insulin maybe have some alternative but we are seeing an enormous insulin shortage in the world and you know why? because two of the main insulin manufacturers, and they're only three of them, two of them lily and novo nordisk are focusing their resources on those famous weight loss drugs. ozempic, et cetera the 30-60 day wait, love amir been taken off the market by novo nordisk's so we need an alternative the inhaled insulin has been on the market beers already and it hasn't really been used but what was really clever about this study at the university of washington as it puts together with a baseline shot you get one a day and you can use the inhale when you have meals performed bedtime so it cuts down dramatically your need for any kind of injection. so i think this could be a game changer facing this insulin shortage when there was a cap on medicare for out-of-pocket expenses for insulin under the inflation reduction act but has not been extended to young diabetics, type one diabetics who live and die by their insulin. >> sandra: this is from the foxnews.com piece that breaks down this study and it says researchers evaluated the results of 141 adults, doctor, who were said to use this inhaler, went on the market fda approval in 2014 so ten years now who are including pump delivery with the inhaled insulin group 30% of participants reach their target glucose levels compared to 17% of the people using injections and pumps. so dr. siegel we are not talking about an alternative we are talking about an improvement which is better than the injections, right? >> absolutely and great point you just made about the gold standard being an insulin pump. if you can outdo an insulin pump that is literally going micrometer by micrometer you have something you can use. now the reason this has never caught on it is because it can provoke asthma or emphysema or give you a sir throat you have to watch out so you don't get really low insulin levels but so you don't get low glucose levels that is an insulin. and very, very reassured by the study in terms of how well it was tolerated. i think this is a big step forward. again, not to replace injectable insulin, may be used along with one shot a day as a partner and decrease your overall need for a inject of insulin a huge step forward for not just those 1.8 million with type one but even more people who use it as part of their regimen. >> sandra: for everyone living with this that's really important because the american diabetes association current guidance on the inhalers, the insulin inhalers, afrezza is not a substitute for long-acting lit insulin it must be used in combination with injectable long-acting insulin with type 1 diabetes and in type two patients who use long-acting insulin who knows maybe this could change down the road as they learn more but that is still the guidance today. dr. siegel, to your point, it seems this could be a game changer, final thought? >> i think it is a game changer already because of it, again, the companies are not making the insulin we need. and i think to the fda's point may be your point is right down the line you can just use this but the whole point with type ones is to get some insulin on board at all times. this gives them another way to go about it. this brings back something we thought we did not want to use. that is a message there, don't overlook or discard drugs that work. this is important out of the university of washington. >> sandra: dr. marc siegel always great to have you won. important update for many. >> thank you. >> gillian: sent to the newsroom now judge juan mershon has partially lifted the gag order opposed owen president donald trump during his criminal trial in new york city because the case is over he has lifted parts of the gag order that protected him particularly the witnesses and the jurors but what frump is still barred from talking about publicly as individual prosecutors, court staff, and their family members. this part of the gag order will remain in place until trump receives his sentencing a few weeks from now, sander we were just talking about this, or you just were, excuse me come with kerri urbahn a few moments ago. it sounds like this is it some pretty big movement in favor of the former president. >> sandra: all throughout this trial every time the former president stepped out in front of that microphone it was a major frustration of his come of this gag order. and the judge has now lifted and to your point, julian, parts of the gag order, not in its entirety because the case is over, merchan lifted parts of the gag order that protected witnesses and jurors and to reiterate trump cannot comment on individual prosecutors, court staff, and our family members that art remains in effect until sentencing is imposed. so there is an entire order that is attached here. obviously this is developing right now in the new york versus trump trial the judge has partially lifted the gag order, gillian, there will likely be continued fallout from this and as we check now we have not seen a direct response from the former president and his legal team, but as i can probably imagine that will be coming, gillian. >> gillian: i can only imagine it's coming down the pike and a second, sandra we will bring it to you as soon as we have it. it's interesting because the second the case was over conviction was handed down jurors with unfree according to judge merchan to go speak publicly about this case. in any way they saw fit so it would make sense then not to have a gag order on the defendant in order to protect the jurors who themselves were no longer under the court's protection. that way as andy mccarthy has pointed out a number of times on this program, something exactly like this designation makes a lot of sense in this case moving forward. >> sandra: trying to get jonathan turley on the news, obviously this is a big development as the prosecutors continue to make the case that the gag order is needed to keep the former president from inviting violent acts is the words they used on any sort of law enforcement anyway this was a big part of this trial, gillian. i go back to so many of those moments stepping out with the frustration he had come to the frustration about the gag order but he used those moments as we work our way to the debate on thursday as we get closer and closer to election day, remember while he was under that gag order he did step up to the microphone, he used those moments to talk about the issues, gillian. almost to the benefit of him as we continue to see him climb in the polls and his fund-raising numbers go up. so one could maybe make the case this work politically for the former president and his team. >> gillian: the trump campaign obviously was lagging far behind the biden campaign in terms of financial campaign donations leading up to that conviction. since the president or former president was hinges conviction they have skyrocketed ahead to essentially, you know, meet the biden campaign on par largely to a handful of donations from g.o.p. megadonors including tech titans and captains of industry donating millions of dollars at a time. the ratings the approval ratings for the two candidates are now within the margin of error. biden is ahead in most national polls though my pulse by about two points. to move the former president can easily overcome it's a real head-to-head match up now as we come into this thursday debate between the two candidates. >> sandra: this does indeed free the former president to come in publicly, but obviously it's going to continue to restrict him in some areas. the timing is important as we now know days away from the first debate, almost no mike also his sentencing will come in july 11th, that is the day as we know things go pretty quickly around here just a couple of weeks away around the date. this clears him to go again on the attack to make the case has former lower michael cohen, stormy daniels, some of the other witnesses while there are still some restrictions periods the one he can feel free to speak out against the judge if he wants to, judge merchan someone with whom he has an intense political be if he has been criticizing merchan since way before this trial ever be began. so that is something that interestingly is not going to stay in place. i guess the judge feels that anything he can say at this point will be restrained by the fact that the judge has this sentencing laying over his head right now. i was saying a little while ago jonathan turley has pointed out that's the ultimate leverage a judge can hold over a defendant in a case once a conviction of guilt has been handed down. he could go with the maximum penalty sentence here. >> sandra: so this is obviously big news we have jonathan turley he is going to come up to react to this, tell us what it means, what specifically the former president will now be able to comment on and speak to. jonathan, jonathan turley eight -- he is approaching come of this is breaking news, he is sitting down on the desk with us in new york city, great to see you, professor. if i could bring you right in. so the judge, is fair to say he has alter the gag order. he has not buffeted because there are still some restrictions here, but this will allow donald trump to talk about witnesses, which the d.a., the manhattan d.a.'s office did ask the judge to keep that portion of the gag order. he is now able to talk about the witnesses and the jury after this hush money conviction. where do you see this going? >> there is still a problematic aspect to all of this he is preserving a gag order in part long after the jury has left and the verdict has been brought in. it sort of defeats the purpose of gag orders. the idea of gag orders are these navigational beacons. they are designed to preserve the fairness of a trial. it's not clear to many of us why he didn't just lift the gag order. i mean, this party is over. he is heading toward sentencing, but he is not protecting a fair trial. one of the things that president trump has wanted to talk about is the fact that you had people like carla angelo who came from the biden justice department to effectively lead aspects of this prosecution. and that type of cross polymerization precisely what has been a legend in this weaponization of the criminal justice system. so he has gotten a bit of a half low here about the question is why is merchan still operating this throttle control over what presidential candidate can say or not say. >> sandra: the limitations are on individual prosecutors, court staff, and their family members. and he is saying that is essentially until his sentencing on july 11th but that still doesn't make sense to you. >> in terms of prosecutors that was a big ticket item for formal president trump the ability how that prosecution team came together. in terms of the family members that obviously was a issue early on but the real question here is why isn't the normal conditions appropriate here? he was convicted, people are protected by defamation laws, they are protected by a variety of different things. why is it necessary for this one judge in manhattan to continue to hang this dumb occlusive sword over his head and say look, if i hear a thing i am concerned with i will pull you back in here and you can be in violation of this order. so, there is still this disconnect as to why we are even talking about a gag order at this stage. it's clear the case is still before him. the sentencing has not occurred, i get that. but do not acknowledge this is a presidential campaign, and this is one of the big issues and that presidential campaign, i think it's really nonsense. the judge could have gone further than he did. i think it is good he lifted, i think he recognizes that. i don't know why he did that when the verdict came in. >> gillian: jonathan it was like i summoned you by quoting you because i was telling sandra something you told me a week ago and then she was like jonathan is sitting down. thank you for jumping in the hot seat so quickly. this could not come at a better time. i don't think for the trump campaign because politically speaking his lawyers have been arguing forever this gag order was stifling his campaign speech. now, it's being partially lifted just in time for the debate which is 48 hours from now. essentially they were just reporting that there was even concern inside the trump campaign that gag order was going to limit the former president's ability to respond to certain criticisms from president biden. >> it will still limit him to some extent and by the way you can summon me at a time. saying my name three times and i will hunt any house. but it still is dangling out there, that is part of the problem here. it is the uncertainty as to what will constitute a violation. what trump wants to talk about is how the criminal system was weaponized in this case and how the biden administration played a role in that. and the key linchpin for many of the critics of this case is this individual, michelangelo, one of the prosecutors periods what extent can he speak about that? it is still not clear. and with certainty that creates the chilling effect, but that is bad enough or free speech. it's even worse when this is one of the issues upon which millions of citizens may be casting their vote. this is clearly something that has affected many independent voters who don't like the look of it. we can debate the other cases, but many of us view manhattan as a rock political prosecution. and that is going to be part of the debate and that will be part of the election. >> sandra: that's a big statement of big news just coming and we will continue to follow all of that, jonathan thank you. we appreciate you being here, thank you. so that news just in as we continue to learn more about it, the judge altering forward present donald trump's gag order after the hush money conviction. here we are just days from the first debate between him and joe biden and just a couple of months away from election day. we will have more we return. because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home■s value. if you need cash for your family call newdayusa. with automatic authority from the va we can say yes when banks say no. give us a call. power outages due to outdated grids and volatile weather conditions are leaving homes without power, but not yours. you took control. you took action. you made your home a generac home. when the power goes out, your life goes on uninterrupted. it's not just a generator. it's a power move. call or go online to request a free quote today. long welcome back concerns that the u.s. could get dragged into a minor conflict in the middle east if has alignment 11 on the continue the way they have been the best say they are not getting the message biden makes a major war in the north likelier or more likely, retired navy captain pentagon official is with the heritage foundation and joins me on set, what do you make of that line of argument from the journal this morning? >> i think the administration's approach for the last basically since october 7th has not put israel or hamas or hezbollah on a path to peace. it's actually by trying to restrain israel and allay any real meaningful action on their part to bring this to a conclusion is just prolonged it and i don't see anything changing. and the dynamics that are playing out along the northern border makes it very troubling you will see a widening of this war going towards hezbollah next. >> gillian: i think a lot of trepidation among americans that have broader war that it's a x essential fight for could get us more than we already are but the chairman said yesterday the u.s. won't likely be able to tell if israel defending against a broader hezbollah war as well as helping fight off missiles and drones in april so that's like already kind of a warning shot to the israelis if i read that. >> from an operational perspective there is not much new for the military folks on either side of this conflict. nor from the u.s. side but what is troubling is the message it sends the politically end of the medically that it's perceived there will be u.s. restrain but in the last 24/ 4036 hours in the east mediterranean has been moved so i would not judge the u.s. as having a late response if it looks like has global go all in, but by the nature of the type of weapons that has ball has, do not have the number or the complexity or the long-range ballistic missiles our forces are very adept and actually intercepted from iran recently so in that regard we are limited in what we bring to the table to support israelis in a direct missile attack from north to the south. >> i mean i know you are not in the chairman's head but then why say something like we are not going to be able to support you as well as we have been so far if this thing goes broader? seems to contradict all the other messages. that he is trying to put out there. >> if the intent was to try to de-escalate or signal strength to try to force hezbollah to tap down its publications along the border makes no sense. it was a shrewd move to send from the white house actually to go in and talk to both the israelis and the lebanese because of the idf experience, but this comment from the joint chiefs seems to have walked back any positive momentum to try to de-escalate. >> gillian: another head-scratcher in this war thank you, branch for your patience as we do with breaking news and joining us on set thank you. >> thank you very much. >> gillian: of course. speak i go to the gym consistently. >> sandra: a top fitness guru hits the streets asking buff americans about their everyday workout routines. he reveals their answers with us just ahead. and i saved hundr. with all the money i saved i thought i'd buy stilts. being so tall definitely has its advantages. oh whoa. here you go, kiddo. thanks. hi honey ready to go? yup. there it is, there it is... ahhh...here we go. i guess it also has some disadvantages. yes it does. only pay for what you need. ♪liberty. liberty. liberty, liberty.♪ when you see what it's really like when our skin touches wool... you see why we need downy free and gentle with no perfumes or dyes. it not only makes your clothes softer, it is gentle on 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