you are done with this? >> yeah, maybe, or maybe need some plastic surgery, who knows? >> you never know. >> it's usually settled by an arm wrestle. we should mention special guest on the tour is john wait is on first and then foreigner or stix depending on the night and who wins the coin toss. >> it is lot of hits on stage. i think there are four or five number ones and just a lot of great songs that you certainly will know. >> four hours of classic rock which is amazing to unfold over the course of 7:00 to 11:00 p.m. >> steve: we love both of you. the renegades and juke box hero tour kicks off tomorrow in grand rapids. kelly and lawrence, thank you very much and good luck to you. >> want to make sure everyone goes to live nation or ticketmaster. >> dana: and breaking news on the hunter biden gun trial. we're waiting to find out if the first son will take the stand. good morning. i'm dana perino. bill is off today. good morning to you, john. >> john: good morning. i was surprised to see foreigner and stix. i will see them in hershey, pennsylvania in july. stix are good friends of ours. "america's newsroom" a live look at the delaware courthouse. this as the president's son tries to avoid conviction for allegedly lying on a gun application. >> dana: also in delaware president biden and first lady jill biden. they returned there after their visit to france for d-day and the first lady this morning is back in court to support her son. >> john: team fox coverage today. andy mccarthy is on deck but let's go to rich edson in wilmington, delaware with news out of the courtroom. >> we just got an update from the courtroom. what's going on now, the jury is not seated yet but there are some preliminary discussions underway right now. in it there has been an indication from the defense that hunter biden will not testify. that is not fully confirmed yet. we're still waiting to here if he will or will not testify. he arrived for his second week in court with his wife, melissa. jill biden is here and his aunt and uncle. james a business partner of hunter's. if hunter declines to testify it would have closing statements as early as this afternoon. if hunter biden testifies it will go deeper into the october. prosecutor allege in october of 2018 hunter was a drug user but -- he produced witnesses and passages from hunter's own audio book to try to prove their case. called hunter's ex-wife and ex-girlfriend and sister-in-law hallie who hunter had a relationship with after beau died in 2015. the defense has drawn testimony that none of the witnesses actually saw hunter use crack the week and a half he possessed the gun. if convicted the charges carry a maximum of prison and fine. hunter would be a first time non-violent offender. once this trial wraps it's september in los angeles. his court date on federal tax charges. we're waiting to see if he takes the stand here today. john, back to you. >> john: rich edson with the latest. the very latest coming out of the courtroom in delaware. thank you. >> dana: thank you, john. let's bring in andy mccarthy. you know if it's a monday we have more trials to talk about. today is hunter biden. with this decision it indicates that hunter biden will not take the stand. i don't think that would be a surprise to you. but his lawyers had really presented quite a bravado going into this case but it is unlikely he will testify. do you think that's a good decision? >> it is a good decision, dana. i think looking at his potential sentencing guidelines it looks to me like even if he gets convicted he has a good chance of avoiding a prison sentence. that calculation can change if a defendant takes the stand, gives a version of events that the jury obviously rejects, especially what we just heard is true, the government would come back with rebuttal witnesses. the consequences of that under the sentencing guidelines would be to add additional points to computing his offense level as it is called in the guidelines, which would lean closer toward a prison sentence. i think it is a smart move. >> john: they took the weekend to decide what to do. the way i looked at this on friday and turley and others have talked about jury nullification. members of the jury who know someone addicted to drugs or alcohol at one point. if hunter biden were to testify he could potentially present a very sympathetic character that the jury might look at and have sympathy for and say you know what? let's not convict him on this. what do you think the decision tree was over the weekend as to whether or not to have him testify? >> i don't disagree with that analysis, john. i think they may feel like they accomplished that with calling his daughter last week. i think factually in terms of the evidence in the case, that was not a great strategic decision but if what you are trying to do is gin up sympathy for hunter, i think his daughter's testimony may have done just that. my own view of it is, of course they are trying for a nullification decision from the jury but also tee up their appeal. the second amendment is a very live issue in the appellate courts on the federal level. and i think what they are trying to show is that his kind of cocaine use was more like alcohol abuse than mental illness because in this country, there is not much history for regulating drug use in terms of gun possession but there is a lot of history of taking rights away, including gun rights away, from people who are adjudicated to be incompetent. they are trying to set this up and why the stress on the fact that no one can say he was using crack with certainty in the days around the time that he purchased the gun. that's where they are going, i think. >> dana: listen to president biden last week. he did an interview with david of abc news and asked if he would pardon his son. >> as we sit here in normandy, your son, hunter, is on trial and i know that you cannot speak about an ongoing federal prosecution. but let me ask you will you accept the jury's outcome, their verdict no matter what it is? >> yes. >> have you ruled out a pardon for your son? >> yes. >> dana: all right, give you a final word on that revelation. he says he is not going to pardon him. >> and i believe he won't right up until election day. there is nothing enforceable what he just said. that's about as enforceable as saying i can't do anything about the border because congress won't pass the legislation and then they don't pass the legislation and he issues this cockamamie order he did a week ago. it's the position he has to take in the run-up to the election. >> john: he also didn't say he would commute his sentence. >> dana: that's true. >> john: anti-israel agitators haar hasing police officers and defacing statues at president biden's front door calling on his administration to pull support from the top ally in the middle east. but one republican lawmaker is now pushing for an investigation into alleged crimes committed on lafayette square. they didn't get inside the fence to spray graffiti but did a lot of damage across the street. >> that's right. beyond yelling about a cease-fire in gaza there was also vandalism beyond the white house gates. statues outside the white house including one of andrew jackson were vandalized on saturday, desecrated by protestors, red paint hand prints and spray paint graffiti. national park service officials are assessing the extent and cost of the damage. arkansas republican senator tom cotton had photos of statues. free gaza sprayed on a number of the statute. it is a blatant violation of federal law and calling on the justice department to investigate. if not d.o.j. will next year. >> you have anti-american pro-hamas loon particulars desecrating the statues of our great veterans, which is a plain violation of federal law. but joe biden's government allowed it to happen and i bet we're not going to see any arrests or prosecutions for violating that law. >> saturday's protest was a combination of pro-palestinian and anti-war groups. protestors wearing red were forming a human red line around the white house with some saying they stand with hamas. white house spokesman andrew baits responded to that. president biden has been clear that every american has the right to peacefully express their views but he is also always been clear that anti-semitism, violent rhetoric and endorsing murderous terrorists organizations like hamas is repugnant, dangerous, and against everything we stand for as a country. his statement does not condemn the vandalism of those statues, john. >> john: all right, thanks very much, we'll see what happens across the street and whether or not the investigation results in any charges. a lot of people might think that's a foregone conclusion. thank you, now this. >> we're going to make our country great again and greater than ever before. it is going to be special. and the world is going to look up to us with respect. they aren't going to be laughing at us. they right now are laughing at us. >> dana: donald trump goes west on a campaign swing. it was hot out there. he made a major promise and hauls in a boatload of cash. we have that next. idf going deep behind enemy lines rescuing four hostages from the hands of hamas in gaza. retired four star general jack keane on how it all went down. and critics accusing usa basketball of shooting an air ball for leaving caitlin clark off the olympic team. >> i'll root them top win gold. hopefully in four years i can be there. and see why pods has been trusted with over 6 million moves. don't wait, use promo code 25now to save. book at pods.com today. from pep in their step to shine in their coats, when people switch their dog's food to the farmer's dog, the effects can seem like magic. but there's no magic involved. 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[shouting] >> dana: a buck wild scene at an oklahoma rodeo when a bull leaps over the arena fence and into a group of spectators. you can see it right there. they immediately descended on the action and eventually able to restrain the bull and put it back in its pen. four people suffered just minor injuries in the process, which is amazing. thank god. they are expected to make a full recovery. >> john: that's something. former president donald trump wraps up a four-day campaign swing out west including fundraisers in donor-rich california where the cash tap was on full blast. trump also made a no tax pitch to millions of people who work off of tips. senior correspondent alicia acuna live in vegas with more. that had to go over well in sin city, alicia. >> the crowd really loved it, john. he had a big weekend here in las vegas. former president trump also made a much-anticipated endorsement ahead of the gop senate primary race in nevada. after he left las vegas he endorsed leading candidate retired army captain sam brown who was injured in an explosion while serving in afghanistan. trump writing on truth social i have gotten to know sam and his beautiful wife, amy, first lieutenant and i know in the next chapter of their life of service together they'll continue to make us all proud. sam has already proven his love for our country being horrifically wounded and making a comeback of a lifetime. tuesday's primary winner takes on democratic senator rosen in november. rosen said donald trump endorsed my extreme maga opponent sam brown. banning abortion, gutting healthcare and slashing social security is wrong for nevada. we'll defeat maga extremism in november. on sunday trump also made that campaign promise. >> for those hotel workers and people who get tips you'll be very happy. when i get to office we're going to not charge taxes on tips. people making tips. >> the culinary union that represents 60,000 hospitality workers responded, relief is needed for tip earners. nevada workers are smart enough to know the difference between real solutions and wild campaign promises from a convicted felon. congress has the power to change the tax law. a trump spokesperson later told fox president trump will ask congress to eliminate taxes on tips. biden has stepped up the i.r.s. going after tip workers. we'll see where this goes, john. >> john: i wonder who the culinary workers union is backing in this election? alicia, thank you. >> dana: want to bring in kevin o'leary, chairman of owe leery ventures joining us on "the five" once in a while. it would be popular for people who make tips but economically i love lower taxes, so what do you think? >> it is a very interesting proposal. congress has to approve it. tips have been controversial at the taxation level for decades because some of the tips -- they still are coming in cash -- are never put onto your form. a tremendous amount of leakage in terms of what's really due to the i.r.s. why not abandon these small amounts? tips are ten to 20% of a bill, maybe 150 or less for a meal in las vegas and so instead of going after these small amounts which for a i.r.s. are really $20, give it up, put some relief on these people squeezed by inflation both in their costs and labor costs for restaurants causing a lot of them to shut down in states like california. politically i see the point. it works. obviously if you are helping them out. a lot of these jobs are transient. you don't want to be a waitress in a fast food location for the rest of your life or waiter. and it's kind of helping young generation move forward. i like it. >> dana: let me ask you this. you are right on the politics. president trump at 50%, biden at 45%. i have a friend in democratic politics tell me they're writing off nevada at this point and thinking that trump will win it. i also wanted to ask you this looking forward the way the economy is going, there are many more people putting together their income based on the gig economy. a lot of that is based on tips. >> you're right, that's true. uber drivers, etc. that is a big boost. a tax gift, a giveaway. it may be political. in terms of changing the outcome of the election, i don't think anybody can call this election now. i've never seen it tighter. >> dana: no, i just meant for nevada itself because it's looking really good for trump. >> i don't write off any state for any candidate. the polling has been so volatile over the last two election cycles i don't believe any of it. you have to show me the actual data the night of the election and then i'll believe anything. i would say the biggest issue for both candidates one way or the other is inflation and definitely playing up nevada on home and protein on energy. it's than issue. calling a state now impossible. that's certainly as an investor i'm not doing that. >> dana: it was just a chat with my friend about politics. okay. let me ask you about home and auto insurance. this is the "wall street journal" earlier today in its editorial saying a politically-made insurance panic. auto and home rates are soaring and the causes are inflation and lawsuit abuse. look at the rates of insurance. it increases in homeowner's insurance. arizona a battleground state. a lot of this has to do with outside influences. listen to senator elizabeth warren and why she is blaming the insurance company. >> the insurance companies have kind of been playing every part of this game and now when climate risks are rising, they are trying to hang american families out to dry here and demanding either higher premiums or get out of the market all together. so there is a lot going on that poses risk to our economy. >> dana: i wanted to ask you about that. i've been watching the costs of car insurance and home insurance really hurting people. while they're dealing with inflation they see at the grocery store. >> 100% right. 100% right. let me say out of the gate my family grew up in massachusetts. we don't live there anymore. a lot of it is because of elizabeth warren. a great politician, very successful. i don't like her management style and policies. she is wrong on this. the actual facts why inflation has hit insurance so hard is not just weather. there is a tremendous amount of contingency litigation going on here where a lawyer can take down capital from a hedge fund and litigate until the cows come home and get winnings. that policy should be changed. if you lose you pay the legal costs. weather is a factor as well. one sector in our economy that benefits from a.i. this is one of the biggest. so much investment going on trying to write policies from data to a micro level of your street address that it could bring some relief to people in the next 24 months. i'm in the insurance industry and consumer goods industry. we look at this like a hawk. i have to buy insurance for my restaurants. are costs are up higher than our food and labor. we want relief there. elizabeth warren is not being helpful bashing the insurance companies. that's never useful. you have to look at why the rates have gone up. there are multiple causes. >> dana: i feel vindicated. i am obsessed with this issue and wanting to talk more about it and glad we did. kevin o'leary, thank you, have a great monday. >> this whole thing, this whole tragedy could be over. all the hostages could be home. there could be a cease-fire if hamas would step up and say yes to the deal. >> john: a celebration of freedom after israel rescues four hostages from the clutches of hamas. new details on the daring raid and why the anti-israel mob just won't give up coming up next. plus potential crunch time in hunter biden's federal gun trial. will the president's son take the stand? we're watching. customize and save hundreds with liberty mutual! 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(laughing) call 1-800-977-3322 to schedule a free hearing evaluation and unlock our best deal of the year! >> dana: we're learning new details about israel's dramatic rescue of four hostages in gaza over the weekend. the raid in gaza bringing home one woman and three men. the largest hostage rescue operation since the war began last october. trey yengst live in tel aviv with the latest. this morning i listened to a podcast where they had wonderful detail about how all this happened. tell us more. >> good morning. it was certainly the happiest weekend in israel since the war began, four hostages were rescued from hamas captivity. tears erupted across the country from the streets to the beaches of tel aviv. at a hospital here the israeli civilians were reunited with loved wonder. embraced, laughed and cried. part of what the daring operation to save them looked like. israeli special forces engaged in intense gun battles with militants as they stormed two apartment buildings. they later took the hostages to safety. one mother describes what her reunion was like. >> very happy to see he is healthy. he looks himonty and happy. he is infinitely happy he is back home and very happy to see him. >> for israelis it was a day of hope, for palestinians a day of death and destruction. hamas-run palestinians health ministry stays nearly 300 people, mostly civilians, were killed during the operation. videos showed a hospital overflowing with injured and dead patients, as we gather new information about the raid over the weekend there is some political instability in israel. two members of the israeli war cabinet resigned from their positions in the emergency government. >> dana: also secretary blinken is heading to tel aviv this morning expected to meet with president netanyahu? >> absolutely. he just made some new remarks on the tarmac in cairo before heading to israel. there is a deal on the table and israelis have accepted the cease-fire deal and now up to hamas to sign on. dana. >> dana: trey yengst, thank you. >> john: let's bring in marc thiessen. former speech writer for president bush and fox news contributor. here is what the national security advisor jake sullivan said over the weekend to free the hostages. we should point out that they released the woman seen being taken away in the back of the motorcycle. literally without incident. the idf tried to free the other three hostages a gun fight ensued and all hell broke loose. here is what jake sullivan said about that. >> civilians were killed and it is tragic. the whole tragedy could be over. all the hostages could be home. there could be a cease-fire if hamas would step up and say yes to the deal that the israelis have accepted and that president biden elaborated a week ago. >> john: could be over if hamas would surrender and give up all the hostages. we don't hear the administration calling for that. >> i've been stunned by the response to this hostage raid in the media and other places. if your response to heroic rescue of israeli hostages and the scenes of these hostages being reunited with their families after 245 days is to blame israel and be outraged an israel you may be an anti-semite. the reason -- why were civilians killed? because they were holding hostages in civilian areas. that's why civilians were killed. when you hear the news that israel carried out a raid to rescue hostages in a palestinian refugee camp the first question should be why were hostages being held in a refugee camp? that should be the outrage. one other thing. one of these -- this young lady was being held by a wealthy palestinian family who used her as a housekeeper. they would call her out of her room after family dinner and make her wash the dishes. i'm sorry, in the 21st century the days of used being used as slave labor is over. israelis were right to rescue the hostage. >> wall street editorial said. haters of israel will blame and excuse hamas every time. media are manipulated to playing along. has the west loss lot the moral instinct for self-preservation to defend itself in a world of killers? hamas could not survive if not for its enablers around the world. experts say hamas will not unconditionally surrender or agree to any cease-fire where it would lose power is because it is holding out long enough for the outrage to grow against israel and the pressure from this administration on israel to accept the cease-fire is great and finally everybody caves and hamas stays in power. >> as a p.r. strategy it's working. keep in mind these civilian casualties here were intentional on the part of hamas. they are responsible for every one of them through their decision. it was hamas who made the decision to start this war and massacre and rape israeli civilians. it was their decision to take israeli civilians hostage and bring them into refugee camps and hide them among the civilian population using palestinian civilians at human shields. hamas's decision not to agree to a cease-fire and release the hostages and hamas's decision to take weapons into the palestinian refugee camp and when the israeli rescuers come, to open fire forcing the israelis to respond. people blame israel for the civilian -- what hamas understands is that there are millions of anti-semites out there who will give them a pass and blame israel for every action it takes to defend itself. unfortunately this administration cowering and the israelis aren't listening doing what they need to do to protect their country and not allow another holocaust to happen and their people to be massacreed. >> john: the video of the woman being kidnapped and taken away on the motorcycle and the look of terror on her face. for her to be back home is a miracle. >> dana reads sports. >> dana: two heroic plays in men's college baseball yesterday as the florida gators stun the clemson tigers 11-ten ending their season. clemson center fielder making an unreal over the head catch at the bottom of the 10th. the catch saved the game with a 9-nine. it was michael robertson who played hero for the gators punching a ball for the win at the top -- at the bottom of the 13th inning. and sending his team to the college world series that takes place in omaha. i felt i was on a high wire without a net with that read. >> john: the top is the first part of the inning the bottom the last part of the inning. the catch was amazing. >> dana: you don't see that every day. >> john: we'll talk next hour about my favorite topic, caitlin clark being snubbed from the u.s. owe ole -- owe limb particular team. >> patrol agents are being told something far different. >> what do you think of president biden? >> biden? i love biden. >> why do you love him? >> biden helped us. ild diagno sed with cancer because the research is being shared all over the world. it's awesome. 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>> no, i just searched the internet and then follow those guy. can come here. >> what do you think of president biden? >> biden? i love biden. >> why do you love biden? >> because biden, we love. >> why do you love him? >> biden helped us. >> many of these migrants tell us that they pay $10,000 and beyond to find these cartel coyotes or human smugglers to help them get into the united states, john. >> john: wow, anybody who thought this executive order was going to change things is sadly mistaken. matt finn for us in california. thank you. >> dana: want to bring in retired border patrol chief chris clem. curious let's put up the memo again about releasing -- not releasing from those countries in the eastern hemisphere. why would they do that, chris? >> this is first of all it's a great topic, very telling about the administration. since day one they have been about catch and release. hard to remove or hard countries, those are mandatory referrals to ice. it doesn't mean it's a mandatory detention. border patrol is not going to release those themselves. it is ice that is supposed to put them in longer, sometimes indefinitely. but as we know and what we've seen most likely they will be released if nothing has come up. i want to say it's very interesting that we are a week into this executive order, nothing has changed. the numbers continue to rise in san diego. it's another pull factor. if you are a single adult and not listed in those countries you'll be released. so guess what? they'll keep coming. >> dana: here is what mayorkas thinks about the timing of it all. >> what has the impact been? how many migrants have been turned away between those ports of entry? >> we're at a very early stage. implementation as you noted has just begun. our intent is to really change the risk calculus of individuals before they leave their countries of origin and incentivize them to use the lawful pathways that we have made available to them and keep them out of the hands of ex employ station smugglers. it's early. >> dana: he says it's early. the "new york post" says it's already failed. the headline, the border crack down has failed as illegals flood across. how do you see it and where do you fall? it's early and already failed. >> he uses fancy words that don't make sense. reality is this. they've known since day one this has been a problem. they've been working on catch and release and doing this the whole time. now they say it will take time. what have they been doing the last six months when mayorkas and blinken went to mexico and the foreign policy expert that sits in the white house who hasn't made arrangements. one last thing i'll say specific to the memo, it is not uncommon to have some specific efficiency directives in those correspondence going to the field. ice is not going to take certain people. let's not waste the time and process them. one particular pathway if it is not going to result in a detention. so there is some efficiency rules in that memo but at the end of the day what should be alarming to everybody is that single adults are being released if knee aren't from those six countries. who has been committing the crimes around the country have been single adults released out of border patrol and ice custody. we need to detain these folks. they have had years to plan for this. to sit there and say it will take time. how many more lives and migrants have to be exploited because this administration will not secure the border and hold people accountable? >> dana: chris clem, thank you for joining us today. we'll continue to watch it because the migrants continue to come. thank you. >> as i was turning, a shark grabbed ahold of my hand i looked down and there was a shark attached to my hand. i started punching it. >> john: a streak of shark attacks putting the florida panhandle on high alert. what authorities are telling swimmers. usa basketball under fire for leaving caitlin clark off the olympic team and how the superstar is responding. >> no disappointment something to work for. it's a dream. hopefully one day i can be there. they get it. they know how it works. more importantly, it works for them. i don't have any anxiety about money anymore. i don't have to worry about a mortgage payment every month. it allowed me to live in my home and not have to make payments. linda, dinah, joanne, very different people... but they do have a couple things in common. they love their home, and they know their stuff. they all talked about the counseling they got, so they knew how a reverse mortgage worked... and how it could be a real financial solution for their retirement. if you're 62 or older and own your home, find out how you could access your home's equity to give you cash now, and when you need it in the future. a reverse mortgage could put more money in your pocket by eliminating your monthly mortgage payments, paying off higher-interest credit cards and covering medical costs. a person like me needed to get a reverse mortgage it changed my life, it was the best thing i've ever done. really? 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listen to your heart. repatha plus a statin dramatically lowers ldl-c by 63%, and significantly drops the risk of having a heart attack. do not take repatha if you are allergic to it. repatha can cause serious allergic reactions. signs include trouble breathing or swallowing or swelling of the face. most common side effects include runny nose, sore throat, common cold symptoms, flu or flu-like symptoms, back pain, high blood sugar, and redness, pain, or bruising at the injection site. we won't let another heart attack set us back. and neither should you. listen to your heart. lower your ldl-c and your risk with repatha. talk to your doctor. >> john: fox news alert. firefighters in miami working to extinguish a three alarm fire at a multi-story apartment building after a person was found shot inside that building. police also investigating. more details as we get them. dana. >> dummies, for the first time in the history of basketball you have arguably a player the most popular player in the world. and you leave her off the olympics team? >> dana: basketball fans are slamming a decision by usa basketball to leave caitlin clark off the team for the paris olympics that takes place in eight weeks. mike tobin has more from chicago. what happened? >> the biggest name in women's basketball won't be on the u.s. team this olympics and indications that the decision to not include her on the roster didn't really have to do with who would play the best in the olympics. moment i million dollar sensation and name drawing eyes to the wnba caitlin clark is left off the olympic roster. she was excluded from team usa because there was concerns she would not play as much in the olympics as she does in the pros and concern her fans would have a negative reaction. they wrote it's an admission of tension that the old guard in women's basketball harbors for the rookie who has drawn worldwide attention to women's basketball. clark took the high road and took the disappointment in stride and says the snub from team usa gave her something to work for. >> the most competitive team in the world and it could have gone either way. i'm excited for them. going to be rooting them on to win gold. i was a kid that grew up watching the olympics so yeah, it will be fun watching. >> the coach of the indiana fever for which clark plays says behind the scenes clark's reaction was more competitive. they just woke a monster. women have been dominant in basketball. they have won every gold in the olympics since 1996. >> dana: thanks. lots a chitchat on that today. appreciate it. >> john: weird changes coming up in europe. the european parliament swinging to the right as conservatives win elections in france, italy and germany. alex hogan in london has more on the shift. what's going on? >> we're starting to see these results roll in from the european unions parliamentary elections and results showing this right-leaning shift especially in countries that hold a large number of seats. let's look at france, for example. the right-leaning party is projected to get more than double the share of french president macron's pro-centrist europeans. m he called for a new election. they will take place at the end of this month set to take place before the country hosts the olympics. looking at germany, chancellor schultz social democrats saw their worst-ever result of 14% losing to the conservative opposition. and in austria, the right-leaning freedom party out performed the conservative party as well as the social democrats. meanwhile looking at italy, italian prime minister conservative brothers of italy's group doubled their seats in the e.u. assembly. why it all matters is the 720 seats will really determine the state of affairs of what takes place within the e.u. over the next five years and new data from today from the e.u. suggests those voters who made their way out voiced concerns, three main concerns at this point in time immigration, international conflicts and economy. definitely making those voices heard this weekend.