>> good evening and thank you for joining us. it is sunday night in america. it was not the most enthusiastic endorsement i've ever heard. >> as a motor, i put my priorities on a president that will have the back's of our allies and hold our enemies to account. trump has not been perfect on these policies. i have made that clear many many times. but biden has been a catastrophe so, i will be voting for trump. >> former south carolina governor and trouble plated ambassador to the un said she will vote for her former bosses november but will her supporters do the same? supporting gop voters on style or subsidence. do they give pause or is it the manner in which he communicates? make no mistake all is not well on the other side either. women of the view are usually surrogates for the biden campaign offering contributions on a daily basis but they forgot to tell a guest. >> now was not the time. my opinion is that this one out. >> i am definitely voting in november. focusing on issues, not individuals. >> why not endorse biden? >> the reality is i think both candidates are trash. >> help him out. >> biden is trying to shore up support with traditional constituencies which seem to be exploring other options. >> a black man that loves his country even if it does not love him back in equal measure. they don't see you in the future of america, but they are wrong. to me, we make history, not the race it. >> he and them gutted affirmative action. >> sounds like a man living during reconstruction of the 1960s, not a man that served a black president, now serves with the black vice president and put a black woman on the supreme court. it would be nice if biden occasionally acknowledged the progress this country has made just every now and again. caring about inflation and gas prices, the war in the middle east in the direction of the country and are not falling for the same racial rhetoric of yesteryear. donald trump compares himself with abraham lincoln. >> we are doing record numbers with the african-american voters they are tired of what is happening to them. there is been no president since abraham lincoln that has done more for the black individual in this country and president donald j trump. >> i'm not a political expert, but i wonder if it may be better for candidates to address the issues of 2024 rather than harkening back to the civil war. joining us now are two political experts that were not around for the civil war. mark t sin and david. it used to be seen as a plus. bringing the country together and biden mentioned the word unity. more times and i've seen than any other president. a winning argument or is sowing the seeds of agreement, the president of future politics. >> a winning argument in 2020. he just did not deliver it. one of the most divisive presidents in my lifetime. when you go out and say to a black audience college graduates are about to enter the world and possibly change the world and set up a whole will optimistic message you said you love your country even though it does not love you back and contrast that with what donald trump did on thursday when he went to the bronx and spoke directly to black and hispanic voters that are disaffected by joe biden presidency, his policies. he said i will fight like hell for you. i will focus on solving problems it has been a disaster for black and hispanic americans. i will focus on bringing you back in giving you opportunity and lifting you up. those are the contrasting messages and those are the reasons why donald trump right now is getting 23% of the black vote which would be the most if it happened since 1964. any republican president. trey: david, it is hard to find a clip where james is not cussing, but i think we found one. i want us to listen to it together for a second. and i will ask you a question on the other side. >> i do think the president has to -- the age issue is suffocating him. he needs to bring up, he is only four years older than trump. >> i'm sorry. >> age may be a factor for some people, but the real issue, i think is mental acuity with the perception of decline. president trump, president biden or anyone else. how will they process age acuity this time around, in your judgment? >> i think you are right. what are they actually talking about? donald trump gives this pair of more vibrancy. when you look closely and you actually listen to what donald trump is saying, you cannot really hear much. at rally in the bronx, he is pointing out problems. this and that. he is not saying what he is going to do. president biden and what he has actually done. he has delivered money to the bronx. to the south bronx. the positive news we see is the latest polling although it shows favorability, that is only among the overall electorate, but now people that will actually come out to vote. look at the people that actually voted in 2020, joe biden is winning that race. i think the details matter. people more engaged and learn about the actual policies, i believe they will fall in line with joe biden. donald trump, yes, he is a good salesman, he is a good entertainment or, but i think it stops there. you don't get any substance with donald trump. trey: i've seen more enthusiasm and ransom notes and hostage videos and governor haley's comments about voting for trump. my question for you is, does it matter how enthusiastic she is. will reluctant voters including herself come home do you think or stay home? >> donald trump asked to bring them home. gave that endorsement. he cannot leave -- one thing that i do agree with is it will get tighter. donald trump cannot afford to leave any both on the table so he has to reach out to voters there. they are the swing voters of this 2024 election. finding it one way or another. the reality is, what david was saying before, the polls show 55 % of americans think donald trump's presidency was a success which was a reverse from three years ago. on the merits, on the substance, they think biden is a failure trump was a success. when he says i will bring back -- were you doing better? you are making more money and more comfortable and wasn't inflation lower? that will resonate with the american people. trey: i will give you a chance to show unity. you are the republican strategist. donald trump just called you and said to can i pick to be my vice presidential running mate. what name do you give him? i will make you give free advice to a republican. who should he pick to be the vp running mate? >> i think it would be nikki haley. that would show some humility and pick up exactly what we are talking about here. sending an olive branch to many disenfranchised voters. donald trump really has not done that since the primary. he has not reached out to people that disagree with him. he is going hard. hard to the right. yes, it rallies the troops indicates that diehard supporters out. i don't think it does much to win over those independent voters. i think we are doing really well to pick haley. >> he just did that in the bronx when to a deep blue city and got a crowd that joe biden could only dream of. i don't think joe biden could hold a crowd in the south bronx. he reached out to black voters and democrats. thank you. [laughter] >> he is also doing great for tourism in new york. i was there last week for the trial and i will be back again this week. thank you both for joining us. i look forward to having you both again soon. >> great to be with you. >> thanks. trey: the second time in three months, the senate did not advance a bipartisan border security bill. the number one issue for voters. let's find out. senator james lankford right after th [♪] there's a way to cut your dishwashing time by 50%. try dawn powerwash dish spray. it removes 99% of grease and grime in half the time. it cleans so well, you can replace multiple cleaning products. try dawn powerwash. some people just know there's a better way to do things. like bundling your home and auto insurance with allstate. yeah, she knows. and some people... don't. like... come on. yikes! ughh... no. you know, there's a better way. save time and money by bundling your home and auto with allstate. you're in good hands with allstate. welcome back to sunday night in america. pulling at the top for voters heading into november. much like so-called criminal justice reform. what democrats once viewed as democrats progressive has backfired. everyone wants a secure border knowing everyone that's coming and going is not xenophobic or racist. it does not mean it is mean-spirited. they benefited from the problem more than the solution but then the wind switched. senate democrats needing to show some toughness but it may be too little and too late. republican senator james lankford represents the great state of oklahoma. he sits on the homeland security and intelligence committee. he has works very hard on this end he joins us now. welcome, senator. this issue has plagued us for decades. they seem reasonable about solutions and compromise, legislation has proven elusive. do you think the parties, and i hate to be cynical, you are not cynical, but i am, do you think the parties benefit from the issue more than the solution or is there another explanation on why we have not been able to pass legislation? >> the parties have benefited from the issue. if you cannot solve the problem there's good money to be made by prolonging it. there is this whole latitude of it has worked for decades except for now the issue is different. this is a very real national security issue. we are talking men in their 20s , about 30-45% of them every single day not from the western hemisphere. there from china, russia, pakistan, west africa. these are from areas that we are not familiar getting these numbers coming across and they are a very real national security threat. about 5200 a day are coming in for the last month. in the last three months, more people illegally cross and any year under president obama. this has really been a dramatic shift. i will work with anyone that wants to get serious about this and to say let's actually solve the problem of border security. we have other issues but there are lots of other things. first things first. let's stop the bleeding, let's stop what is happening at the border. >> it seems like yesterday we actually came in together, came into the house together, you moved up and i moved out. immigration, asylum, border security, those are the issues, literally since we came in together and before. it feels like now, we have almost given up on a legislative solution. we are just waiting to see which executive would take which executive action. to me, it is also a branch issue a substantive issue but a sensitive issue. are we really going to wait to see who takes executive action? >> yes. currently that is true. we are seeing that over and over again. if congress lays that wall, it needs to be applied. we know that it is weak under asylum. congress has a responsibility to see that. not judges in the executive branch. you go find a way to work around the week law. we know the asylum definition is weak. we know the appeals in the process. we know we are not detaining enough people allocating enough to the detention process specifically. those are all things are congress cannot fix. same for the executive branch. i brought this up over and over again. two and a half million people a year illegally crossing the border. under president trump we had one year. there is a way they can enforce it. it is congress' job. you actually have to deal with that issue on that. this is why push so hard. pushing biden to do his job to bring the numbers down. congress needs to do its job to be able to finish the job. i think people are sick of saying, everybody in my state just keeps saying somebody stepping on their footsteps. trey: you are one of the least political people i know despite the fact you are in office. i ask you that because you do not have a reputation for being overtly partisan. there are democrat senators up for reelection. do you think they are my new interest has anything to do with electioneering or is it just a genuine interest in border security. >> it is very much election engineering at this point. the vote that happened in the senate was not intended to pass. putting in and putting out fundraising e-mails saying we are trying to do something. they are seeing what is happening where district attorneys are being pushed out of the west coast. a loud and bad criminal activities. they are now seeing the wind has changed in this significantly. people no longer want to celebrate sanctuary cities. they no longer want to celebrate this openness. i am good with legal immigration , i am not good with illegal immigration. i think people feel this is getting worse and more and more dangerous. they are just ready for somebody to solve it. that is just what i am ready to do. we need to be ready to solve this. trey: senator from the great state of oklahoma taking on and tackling a very tough issue that has evaded resolution probably since reagan, i would guess. thank you for joining us on this sunday night. >> thank you. thank you to all the goldstar families out there this weekend as well. trey: amen. new york versus donald trump is almost over. 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allowed to essentially signal to the jury that because he pled guilty, trump must therefore be guilty, too. most judges do not allow that in for very good reason gordon shifting and it is wrong. when they do call witnesses, those witnesses are fair game. former michael cohen lawyer testified he told him "i swear to god i don't have evidence of wrongdoing by donald trump". the testimony may have been muted by bickering with the trial judge in the e-mails about rudy giuliani. all that is left is charging the jury on the law, closing argument and the hardest point of all, litigation. waiting on the verdict. both former federal prosecutors joining us now. welcome to you both, gentlemen. listen to the defendant, the former president, and i will ask you about it on the other side. >> everybody knows. it is a witchhunt. a political witchhunt. they should have done it seven years ago. they waited until the election. should have never been done. we have a judge he was totally conflicted. it is very unfair to the american citizen. you know that better than i do. >> i think there was zero chance that donald trump whatever testify in this trial. juries are instructed to not even think about that. in reality, a jury is probably wondering why you defendant holds press conferences and does interviews, but not speak directly to them. as a lawyer, how, if at all, do you address that with the jury come next week? >> donald trump never needed to testify because the jury already heard what he had to say. that is one of the rules that i use with my defendants. if they had already gotten that evidence through other means, through the prosecutors already introducing it, there is no need for you to take the stand to say the same thing or potentially get caught in some kind of confusing type of question. the prosecutors put on a great deal of evidence, donald trump seemed to have the intentions to kill the stormy daniels story to protect his reputation as a celebrity, as a family man, and certainly sunken generation for purposes of the election. there was no evidence that he had made statements incriminating especially dealing with the most fundamental elements here and that is the idea that the legal expenditure entry into the accountant looks was improper. it's not like he put construction costs or charitable donation. they heard what he had to say through evidence that the prosecutors presented. he did not need to take the stand. >> put-year-old prosecutor had on. the defense will harp edge that michael cohen has. it is ambition, but the prosecution is likely to say, you know what, all of that is true. all of that is true, but we did not pick him as a witness. we would have picked a catholic nun or first grade school teacher or veterinarian. trump exempted trump picked michael cohen because that is who we chose to deal with. how would you deal with that. >> well, that is kind of how i tried to pitch it. michael cohen was one of the least credible witnesses probably in american history. prosecutors like generals go to war with the army they've got. in this case, i don't think they had much choice other than to rest their case on michael cohen did they knew going in it would be an absolute debacle on cross-examination and that proved true. i think they did a masterful job of further undermining his credibility. michael cohen is self indicting himself over the years. if you are in the prosecutors she was in a time for closing arguments that's all you have to which. we never put michael cohen up as an angel. he did know what happened. he was trusted at one point in time. although he was lying then, he was not lying now. i don't know if the jury will buy it but i don't think the prosecutors have any other choice. trey: you are sitting with defense counsel right now trying to figure out whether or not to allow for lesser included offense. i know there is an argument the statute is wrong, i don't know whether you can waive that but do you want to compromise misdemeanor verdict or do you want it to be felony or nothing? what are you arguing for with the jury instructions? >> i want a straight verdict and i want that verdict to be an acquittal, not guilty. i think the defense can make a terrible mistake asking for the lesser included. it is a waivable issue for the defense. i think that by asking for the lesser included of just a misdemeanor they effectively waive that issue. i think the strongest defense in this case is to attack the misdemeanor crime itself, not the escalating felony additional charge. >> you have to tell me how you would handle castello. the substance of what he said was good but his demeanor, i was there watching it, it was offputting, to be candid. how do you deal with that in summation with the jury? >> look, i think in retrospect i'm confident that the defense team had to do it over they would've declined to call him. it was a bit piling on. they have already cut michael collins credibility. his testimony was not great. although the jury was escorted out when the judge lectured him, i think you will see there is friction. have to focus on that testimony, not his demeanor. trey: all right. i would tell you both to send me a bill but i don't make it up to peggy. just consider this pro bono work thank you for joining us on a sunday night. i have a suspicion i will be talking to you both again at some point about this or another matter. thank you both. >> thank you. trey: hunter biden will soon have his own day in court even as he faces new allegations from house republicans of lying to congress. the ways and means committee claims biden among other things mischaracterized his work in relationship with chinese business executive and misled congress about bank accounts associated with his firm. congress does not have a prosecution team. allegations of criminality must be referred to law enforcement. for investigation and then doj for review. mixed at best, massachusetts attorney given a pass. former republican congressman seemed like a lifelong obsession for doj. what, if anything will happen to the president's son? joining us is wayne send means committee member. you are also a former federal prosecutor and federal law enforcement officer. if you tell me someone may have violated the law, i tend to pay attention. what is going on here with biden 's testimony and your judgment? >> thanks for having me. hunter came in earlier this year for deposition. we reviewed that deposition. when that was released, the two whistleblowers that initially came forth with information, identifying three statements that were made during that deposition that we now know based on the information provided are criminally false. one pertaining to what that message that hunter had sent to a chinese national, the head of one of the energy companies there or pertaining to his position as secretary at rosemont. one of the 20 entities that hunter had created. the third about consistency given to the ceo pertaining to the application pertaining of a visa. those are three perfectly false statements. just like if you like to an fbi agent, like to a prosecutor, lie in a proceeding it is a violation of section 1001 of title 18. that is a felony. trey: all right. in your old job you could do the arresting yourself, but the process is a little bit different here. i think it has to be investigated and the results would be presented to a prosecutor. the timeline, i don't think for that would be quick. members of congress cannot control the speed of the investigation or doj deliberations. i am just trying to set people's expectations correctly. you cannot arrest or prosecute anybody. you were land other people to do that, correct? >> that is right. what would happen now as we would have a boat based on the 1001 violations. some cases are a lot quicker than others. these are pretty straight forward. there is not a whole lot of investigating tappan here. the question will come down to doj prosecutorial discretion. hunter has a pending tax evasion case in california. gun charges in delaware if they want to add this surcharge. >> do you think there's any chance that president biden says , you know what, i will pardon my son and i will pardon former president donald trump on his two federal matters. people are welcome to be mad at me, but i have the pardon power and i will do it. i am not going to watch my lone surviving son go to prison and i'm going to pardon my political opponent. do you think there's any chance that happens? >> that would certainly be a bold move. i have never been a fan of pardons with the exception of very, very rare cases. i was a federal prosecutor and fbi agent. these are hard to put together. they involve a lot of work. the justice system works. juries delivered their verdicts. that is a system. connotations are appropriate in certain circumstances. this would certainly be a bold move, that is for sure. trey: thank you so much for joining us and for your service to our country and all the ways that have manifested itself. >> appreciated. thanks, trey. trey: something called the international criminal court wants to arrest israeli prime minister benjamin netanyahu. what about the real gangsters running loose around the world ♪ limu emu... ♪ and doug. 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[cheering and applause] >> whenever these warrants may apply nothing between israel and hamas. what is happening is not genocide. we reject that. >> this came just one day after iranian president was killed in a helicopter crash. he was no friend of the u.s. or israel. who and what comes after him? joining us is acting secretary mr. nathan. welcome, sir. first give us your reaction to the mere thought of the icc seeking to arrest and prosecute benjamin netanyahu. >> well, trey, this court is out of control. they have drawn a grotesque comparison between democracy fighting to defend itself and a terrorist organization that unleashed the deadliest wave of violence against jews sent the holocaust with 1200 innocent israelis, most of them civilians murdered, raped, burned alive. it is not just israel that they are gunning for. it is threatening to come after members of congress. members of congress think this court is out of control. we need to sanction these people before they come after the united states. the court responded by putting out a statement waking its finger saying you may be obstructing justice, and you may be next. drawing a clear line in the sand now you are coming after israel, but you are coming after us next we will stop it before this gets off the ground. >> for those of us that are not familiar with the icc, i mean, i am a little familiar with them but not a court i ever. in front of. where does this derive from endued finances that entity? >> that is a great question. their jurisdiction comes from the consent of states. he only have jurisdiction over estate if the state has ratified the underlying treaty. guess who did not ratified the treaty? one, the united states and to, israel. both understood if it was created it was only a matter of time before rogue prosecutors started coming after us. not the world dictators like the leaders of iran and syria and north korea, but the democracies who believe in the rule of law of human rights and that is exactly what is happening here. where does the money come from? it actually comes from american allies. countries like japan, germany, the united kingdom, france, responsible for the vast majority of the budget. what the administration needs to do is quietly communicate to those countries, guess what, it is american soldiers stationed on your soil protecting you from countries like russia and china and north korea. it would be obscene for you to be funneling a court coming after american soldiers. the very american soldiers on your soil to protect you from our shared enemies. >> you mentioned soldiers. do they have a police force to actually serve arrest warrants? i have a hard time seeing and agent showing up and doing that with the idf and israel trying to serve an arrest warrant on netanyahu. >> that would be a very one-sided fight. the way this works is if the icc goes ahead and issues an arrest warrant for netanyahu or anybody else, it would rely on national level police forces to do the dirty work for them. benjamin netanyahu traveled to europe, for instance, they would expect those european countries would take netanyahu into custody. i have to tell you we already started to hear some worry coming out of your. some european countries may actually be willing to consider such an outrageous and radical step is that. trey: nathan, thank you for joining us on a sunday night and loaning us your expertise. >> thank you for having me, trey >> coming up, a new way of spreading across our nation. it is called remorse. some cities have had enough of the so-called progressive prosecutors, now they want real public safety. fox news contributor paul mauro talks abou alice loves the scent of gain so much, she wished there was a way to make it last longer. say hello to your fairy godmother alice, and long-lasting gain scent beads. part of the irresistible scent collection from gain. (psst! psst!) ahhh! with flonase, allergies don't have to be scary. spray flonase sensimist daily for non-drowsy long lasting relief in a scent free, gentle mist. flonase all good. also, try our allergy headache and nighttime pills. when we say it'll be on time, they expect it to be on time. turn shipping to your advantage. keep those expectations with reliable ground shipping. thanks brandon. with usps ground advantage®. ♪ sup? -who are you? i'm your inner child. get in. listen, what you really need in life is some freakin' torque. what? horsepower keeps you going, but torque gets you going. what happened to my inner child craving love and acceptance? how about you love and accept this? p-p-p-p-powershot! when can i drive? you already are! the dodge hornet r/t... the totally torqued-out crossover. the one welcome back to sunday night in america. sometimes we go through fads whether it's parachute pants or vinyl records or pixie haircuts some can be deadly. defense attorneys masquerading the prosecutors. portland had a progressive dea named mike smith with the opportune word being had. he then portland figured out coddling criminals is not a very good strategy. ousted in california. gascon undergoes a weekly recall effort. running into prosecutors herself alvin bragg and willis are still there. a few things in life have remain truly bipartisan. staying alive and not getting robbed or assaulted or, worse, are among them. turns out, conservatives and even some liberals are tired of experimenting with our own safety. joining us is a good friend of the show. retired and fox news contributor some fads are harmless. some cause real danger. they threaten your life. this experiment could very well wind up costing people their lives or at least jeopardize their safety. >> yes. it could also cost a certain resident of the white house his job because crime is definitely on the agenda this november. you know, trey, you and i have talked about it before. aside from the point that you mentioned, this time the devolution is televised. we are seeing this stuff. everybody has a phone. a very bad time for the democrats to decide, hey, let's let the defense bar rewrite all the rules of engagement for law enforcement across the country. you cannot hide the fact that videos like the one you are showing right now from times square, even portland, as you say, coming to its senses. it is not the big headline grabbing crimes this time around i think that is a subtlety. it is quality of life stuff did as you say, even liberals want to walk down the street. they want to go to the bodega and get a quart of milk without having to take their lives in their hands. that is what is driving this. a ground-up movement. i think it is being felt and you are certainly feeling it in the da races across the country. >> you know, paul, you and i are both attorneys which means we like to ask the question why. sometimes it's a dangerous question, but we like it. i wonder why this bad started. it always seemed counterintuitive to me. a small group of people want to hurt or kill us. why don't we identify, prosecute them and separate them from society? it seems pretty simple to me but we go through these cycles where the left wants to experience with justice reform which is really latin for let's let people out of jail. >> and it never works. there was a point in new york where we had, this is pre- criminal justice reforms, we still had broken window policing and it worked. this is a really significant metric. we had declining incarceration rates. that is right. we had both. this was after we had the ray kelly years as police commissioner. to a list police commissioners. you really achieve the sweet spot. what did that mean? the people whose job it is to dismantle that kind of thing had to speak up. they had a friend in the gracie mansion here in new york. then it just comes down to money and power. people who get their money and their power from the kinds of initiatives you are talking about, that is not just a soros situation. a lot of that stuff is government money which is astounding. as a result they keep it going. all we want to do is incarcerate people. you have the new york times to pylon. follow the money, you will find the culprit. >> you know, you mentioned something. we only have a little bit of time but i cannot let you go before i highlight this. most crime is local. it is state and local. this issue being soft on crime has become a national issue and i think it may even be a presidential issue. i will give you the last word. >> i think very much so. and a lot of stuff gets ported to that if you look at it. consider what we have seen around the country and on the college campuses. the kids are being treated with kid gloves. we know those are the progressives you will get out and end up in congress. people are tired of it. whichever way you go on donald trump or joe biden, they know that more of the same is not productive to this country. it is on the agenda, it will matter. >> always the voice that i turned to on matters of law enforcement and the justice system. thank you for joining us on this sunday night. >> thank you. trey: thank you for spending part of your sunday with us. i hope you have a great week ahead. until next week you can find us online or on the trey ga do do do do do do do do.
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