going to [bleep] kill you. that would be a threat. as you can see right there, rosenbaum chased rittenhouse through an object at his head, cornered him against a group of parked cars, and longed for his weapon before he discharged his firearm killing rosenbaum. a new reason for a potential mistrial is at the defense team did not get this high quality video until it was shown in court. instead they were emailed a compressed low-quality version and what the prosecution is calling "a bid to undermine rittenhouse self-defense." this is now the second mistrial request, one with prejudice and one without under consideration by the judge. keep in mind, the judge will not likely make a decision until after a verdict has been rendered. there's a big question mark here if rittenhouse is declared guilty. ultimately there is now raisins for a possible mistrial, which several instances of alleged prosecutorial misconduct including criticizing the defendant's right to remain silent, aligning the defendant's right to face his accusers, violating an order banning prior gun comments, and now failure to turn over video evidence as the law requires. our very own gregg jarrett will join us in a moment and will have a lot more detail on why a mistrial is a definite possibility in this case. meanwhile, according to the mob and the media, top democrats, kyle rittenhouse is already guilty. he was guilty from day one. no trial, no due process, no presumption of innocence. according to joy reid over at msnbc come out rittenhouse does deserve the presumption of innocence because of his white male tears. what? nbc news actually said this? apparently they did. take a look. >> in america, there is a thing about woke white vigilantism and white tears, particularly male white tears. really white tears in general, because that's what karen's are. they karen-out. why men can get away with that too. >> this feels like those cases in the 1950s where it was in and out, in and out. some white male killed someone and they were in and out fast and acquitted. that is how it feels. >> sean: yikes. but there's more. joy reid also went on the attack against the judge and impugned his character. take a look. >> as long as the judge appears to be tipping the scales of justice in rittenhouse's favor, the public may not have confidence in the process or of the verdict. >> that is a question i had too. is there any recourse? this judge has done everything but offer to adopt kyle rittenhouse. he seems so clearly on his side. does the prosecution have any recourse if it seems so clear that the judge has already made up his mind that kyle rittenhouse -- it seems at least to delay that he is completely on his side. >> sean: the hysteria and anger, rush to judgment from joy reid. many of her colleagues in the media mob is so bad that today the judge addressed this very issue in court. take a look. >> when i talked about problems with the media, when this trial started -- you are there in part because of grossly irresponsible handling of what comes out of this trial. i will tell you this, i'm going to think long and hard about life television in a trial next time. i don't know. i've always been a firm believer in it because i think people should be allowed to see what's going on. >> sean: there are reports tonight that the judge has received hundreds of file messages since this trial has begun. including death threats to his entire family and to make matters worse, all week long, a crowd of protesters gathered outside of the courthouse. many of them pledging to riot and commit acts of violence if rittenhouse is found not guilty. after what we witnessed in 2020, we have no reason to believe they want backup that threats. just imagine for a second how terrifying this has got to be for members of this jury that are trying to be fair. trying to follow the law. law abiding americans for constitutional duty, taking it with all the seriousness they can. they are now face-to-face with an angry mob and in all likelihood they are hearing it with their very own as per this is what happens when powerful people in the media, and washington, in the swamp when they rush to judgment. sadly it happens every single time over and over again. the same cast of characters. the media mob gets it wrong and innocent people will pay the price. richard jewell, darren wilson, george zimmerman, duple cross, uva, baltimore, nicholas sandmann, and on, and on, and on. same people every single time. america's smeared, first merged, their lives ruined, character assassinated because liberals care more about optics and political narrative than they care about something about truth, justice, and our constitution. i don't know what is going to happen in the case of kyle rittenhouse. you can't judge what a jury is going to do. from my position based on all the video evidence, all the eyewitness testimony, this looks like a very clear-cut case of self-defense. according to wisconsin law. and now it is in the hands of the jury. they will render a verdict. any violence or rioting that follows you can think that media mob, you could even think joe biden, the president of the united states. he recklessly referred to kyle rittenhouse as a white supremacist months before the trial of her started with now it don't mark not an iota of evidence. he's never apologized too. the scene has been an extremely tense. all day. sarah, what's been going on? >> just as you mentioned in your monologue, tensions were not only high inside the courtroom between the defense and prosecution as well as the judge, but they were high out here. we had a scuffle outside the kenosha courthouse earlier today. even the cold weather couldn't keep the young people from coming here and protesting, basically chanting that they wanted justice, that things were going to get worse if kyle rittenhouse wasn't found guilty. and it got to the point where people were pushing and shoving and people got arrested. watch this. >> this is not what we come out here to do. [indistinct] >> stop that! [shouting] >> residence here in kenosha, wisconsin, really want to get the message out that they hope, that they hope that the young people out here protesting that they don't escalate the violence in the upcoming days. they are concerned about their businesses, they are concerned about how this will reflect on the rest of the nation. and for the most part, the people i've spoken with say, let's just wait for the verdict. let's wait and see what the jury does. there are seven female jurors, five male jurors that are debating this. they have not been sequestered. that is a big concern here as well as the protesters are outside chanting. i'm sure that many of these jurors know what is going on. as for judge schroeder, those threats to his family, there's a lot of concern here about that as well. sean. >> sean: sara carter on the ground in kenosha, wisconsin, tonight, thank you. and now here with legal analysis, the author of the case for vaccine mandates, law professor alan dershowitz. along with fox news legal analyst gregg jarrett. greg, let's look at this videotape, the drone videotape and the copy that was given to the defense is different than the copy that the prosecution had. it is a matter of law that they are required to hand over all evidence that they have that would also mean, i would imagine, the same quality of evidence. there is now two cases where the defense is requesting a mistrial. one with prejudice and one without. you've laid out a number of scenarios where that in fact can happen. what is your reaction? >> it was always highly suspicious that suddenly at the 11th hour just before the close of the evidence in this case, suddenly and magically, this drone video that has been enhanced by prosecutors with ai technologies suddenly surfaces. the problem is, that is not what they gave the defense. this isn't like terry mason where there surprises at every turn. now, the rules of the court and the law you are supposed to hand over to the defense in advance. the evidence you are going to use, whether it's export to excr not. the other problem is that the computer program literally says it's not reliable enough and shouldn't be used forensically in a court of law for investigative purposes only, because they insert images and coloring that tends to distort the real event. and yet the judge allowed it and do. to have judicial remorse saying to the prosecutor's, you are the guys who wanted to. you got it. and now we have this mess with a motion for a mistrial. the fourth motion for mistrial by the defense. >> professor, i would love to get your take on why wouldn't the prosecution hand over the same quality of video as they are required to do by law? such a fundamental part of the law. this is 101. this is stuff you would have been teaching first-year law students. >> right. i've handled probably 35 cases of claims where the government failed to turn over relevant material. if i were a defense attorney, i would be furious. you want to see the actual footage that is going to be used so that you can make a decision about how to deal with that. how to cross examine. whether to put somebody on the stands were not to put somebody on the stands. whether to have it on at hampstead and go back to the original. the defense was denied many, many opportunities to do the kinds of things that defense attorneys do all the time. and this is the key point. the point that many, many of them have missed. the supreme court has said it doesn't matter whether it was intentional, deliberate, or accidental. the prosecution has an absolute obligation to turn over everything it has. it cannot have an advantage over the defense and it doesn't matter that it was shown in court. that was too late at that point. the defense couldn't do anything about it. i think this is a strong case for a mistrial. if you watch cnn, they laugh at anything that might provide the defense. they laugh at anything the judge did, because they are not reporting on this case, they are advocating for a verdict. they want a conviction and they want everybody out there to be upset if there isn't a conviction. they are the vigilantes, and they will be responsible for violence and riots if they were to be an acquittal. and the people out there listening to cnn say oh, my god, how could that have happened? they must be the judge? because they haven't shown the viewers the reality. >> it is an unbelievable thing. should we glean anything? i'll give you 45 seconds each. should we glean anything from day to know verdict -- do you glean anything from that? >> the defendant is probably worried and concerned along with his lawyers, but i don't see any red flags here. there have been no messages from the jury that they don't understand one of the jury's instructions on the law. they are not confused, they haven't said -- they haven't asked for a clarification of evidence. they haven't said we are hopelessly deadlocked. no, they appear to be very methodical and deliberate. they wanted to review the videotape evidence. there is loads of it. that is not at all unusual. they realize this is an important case. not just of the community of kenosha, but the defendant -- his life hangs in the balance. so they take their job very seriously. they are very deliberate about going about their business. i would urge everybody to just be patient, let them do their job. >> i never take productions on how the jury is deliberating in, but here i suspect that they are going through every count individually. and those who want to outright acquittal with those who want conviction on both accounts may be disappointed in the end. it is possible we may see some kind of a divided or compromised -- i'm not predicting it, i'm just saying when you have a long deliberation, that is always a possibility. >> professor, thank you. joining us now with more reaction, fox news contributor's leo 2.0 terrell, and tammy bruce. let's look at the various instances. low-quality video, leo, number one that came up today. we now have multiple reasons for a possible mistrial. criticizing the defendant's right to remain silent, established law for decades and decades. maligning the defendant's right to face his accusers. violating an order banning prior gum comments. the failure to turn over the video evidence in the same quality as is required by law. i do believe that it's very clear to me that he's not guilty if the law is followed. it was a complicated jury instructions. that throws a wrench into things. but do you see the possibility of a mistrial here regardless of what happens with the jury? >> no question about it. the judge will be on solid ground. i want to be very clear. 30 years of practicing law with the judge will be on solid ground either with prejudice or without prejudice because of the constitutional -- the highest law of the land. violated by the prosecutor. the prosecutor obligation is justice, not conviction. i will tell you right now, they have violated repeatedly constitutes no violation, the right to evidence, the right to a criminal defendant to remain silent. i think it's clear. but i have to say this. joy reid, something is wrong with her. she's the queen of racism. she has a problem with white men and her -- she says the 50 spirit what you mean the 50s? this man carl rittenhouse did not kill any black people, so i don't know what reference to the 50s is outdated. she's not a lawyer. how dare she attack this judge and claim he is biased. she's incompetent to answer these questions. shame on her, shame on msnbc. they want problems. they want chaos. and i find that offensive and wrong for a media to do that. >> sean: let's get your take, tammy bruce. >> what's interesting when it comes to all the strange things that the prosecution did that are obviously on their face, and appropriate, and would provoke a mistrial. and maybe that was the point, sean. may be at the very end, as they watch this entire trial melt away and front of them where it became obvious, even to liberals, that carl rittenhouse was misportrayed, nothing was what it seemed to be, that this prosecution completely fell apart and then suddenly they present something that would almost demand a mistrial because maybe they just want another shot at it. of course they know the defense would be compelled to ask for that. it is a remarkable thing that the people of kenosha are paying for, that the state of wisconsin, the lies have been perpetrated. leo is correct. when we look at the media portrayal here, this is now an industry, the legacy media particularly msnbc, it's shocking that her bosses are allowing that to continue. it is certainly racist, it is incitement, it is those certain people or entities who want there to be violence, they want there to be more riots because they are thinking about their own ratings. it is the ultimate coldhearted craven dynamic and americans are looking at this and the people of kenosha are looking at this. lives are at stake. it's really horrific to watch this unfold, but in the meantime, i think that judge has done a good job. he should sequester that jury now. i know it's late, but my goodness, it is a remarkable thing for him to not have done. considering what is going on outside. >> sean: productions, to me, how is this going to come out? >> i can't imagine not having a mistrial at this point. but no matter what, if there's any kind of a verdict that is against carl rittenhouse, we are looking at an appeal that will be upheld in the end. in the end, kyle will be able to be a free man and will be exonerated. that's what i think. i think that's where we are at. >> sean: leo, production. >> very simple. hung jury or mistrial. but i do believe this judge would exercise the right to dismiss this with prejudice and that would be withheld. >> sean: thank you both. when we come back, more devastating poll numbers for biden. a new poll showing more and more americans have caught up with the show. and yes, they are questioning his mental cognitive fitness. lara logan and jerry bogus when we continue. - [narrator] modern life, different schedules, different meals, different times. how do you keep everyone happy? with five cooking options, the cuisinart griddler is the ultimate in versatility. it has a full griddle, a full grill, a half grill, half griddle, a contact grill, and a panini press. redesigned with a sleek look, the griddler has a sear function, digital adjustable temperature control, a count up and down timer for precise cooking times, and non-stick removable and reversible dishwasher-safe plates for easy cleanup. the cuisinart griddler. it's a real crowd-pleaser. nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. >> sean: things are only going from bad to worse for biden and tara says the confidence of the president's quay dream, his approval collapsing, and according to a new politico, 50% of voters are questioning bidens health. where did that start? i think we were the first to observe it. anyway, 40% of respondents are concerned about his mental fitness. in other words, joe is a cognitive mess, we've been right the whole time. and they are showing no signs of slowing down. and it's only wednesday this week. take a look. >> a couple of my friends are going to be coming out here, i'm told. cabinet members. but you know, here we go. where is everybody? jill is here. the attorney general. all right, joe. i don't know what was going on back there. >> my mask. >> how do i cross a bridge in a snowstorm? what happened? think about it. what happens when the bridge collapses and there's a fire on the other side. it's going to take 10 miles longer to get to the fire. people could die. this is real. >> sean: so in under a year we've gone from energy independence and low energy prices to now begging opec and investigating oil companies begging put in for more oil, opec for more oil. we've gone from a secure southern border to open borders and a 40 year record. we are on a path to breaking in terms of illegal immigrants and the catastrophe on top of it of giving preferential treatment to illegal immigrants because they don't have to get covid tested. we are told because they are not going to be here very long, which was alive. no vaccine mandates for them. only for you, the american people. we've gone from safety and security to surrendered to the taliban and abandoning our fellow americans in afghanistan. leaving american stranded behind enemy lines. we've gone from stable prices to surging inflation, supply chain chaos, things they said was transitory that was anything but. you can also add to this mess, we have more confidence in 2021 then in 2020. joe biden inherited three vaccines and a therapeutic that he only learned about six weeks ago exists called monoclonal antibodies. watch this new ad. >> decades after jimmy carter, joe biden picked up where he left off. with america surrendering to terrorists. biden's foolish spending is causing inflation, which means more pain to the pump, higher prices on groceries, devaluing your retirement savings when you need it most. once was a mistake, twice is a disaster. america needs strong leaders, not weak ones. >> here with reaction, fox nation host larra logan and the cohost of the buck sexton show, he finally sent me my let's go brandon t-shirt. i've got it, thank you. >> they wouldn't let me! >> sean: oh, you stole it. that's how i got it. you could look at this any which way, but here's the reality. unless joe biden, clay, i will start with you tonight, and must joe biden -- trumps energy independence policies, unless he gets tough with russia and china and the rest of the world, it's going to remain an unmitigated disaster and it's killing the poor in the middle class in this country. >> it is an unmitigated disaster. the only thing you can say positive about joe biden is as bad as his approval ratings are. kamala harris' are far worse. so i don't think they're going to try to push them to the side and elevate her. when you look at what's going on right now, this is jimmy carter 2.0, only far worse. and the larger context here, eight days from now is thanksgiving. joe biden is the daughter and incompetent, elderly, clearly without his normal wits relative then and anyone who has said at the thanksgiving table has been a part of before. that is unfortunate in all families and it's difficult. joe biden is the president of the united states. when those clips get seen by chinese leaders, russian leaders, they are laughing at us because they know he has no ability to lead this country. it is, as he said, an unmitigated disaster. and it's only going to get worse every day, every month, and every year going forward. >> sean: here is the evidence. the "let's go brandon" t-shirt. he says he is going to send me a bill, so i don't know. i appreciate it. thank you very much. for the party that claims that they have a monopoly of compassion on the poor and the middle class, they are the ones being hurt the most. and on top of that, they want to make everything worse and even obama's economic advisors are loudly criticizing this idiotic idea that spending 3.5 trillion, 1.75 trillion is somehow going to stop inflation and it's going to cost zero. none of that is true. >> none of it is true, sean. this is the thing that gives me strength and this is the thing that gives me hope: millions of americans know that it's a lie. my mother used to say, a lie has no legs. and that is what you are seeing right now. the lies are coming apart in every direction. at this point, everyone from larry aldo to your local neighborhood pet has been called a white supremacist. people don't care, because they know that that is just a tactic to silence and intimidate and bully the american people into submission. no one in this country, no one, not on the democrat side of the republican side, voted to put it that the symptoms on every woman in afghanistan. nobody voted for this level of inflation. we are committing energy suicide while we shopped on the keystone pipeline and we say yes to give in russia the biggest pipeline deal in history. what is that? where is the principal and not? people see through it because it is based on lies. one thing i would say about joe biden's mental state, don't be too quick to give them a free pass. because he deserves to be held accountable. you and i tonight have seen the families on the widows on those left behind of the 13 americans who died in kabul when we handed over security at the airport. responsibility for our forces to al qaeda, to the people. the leader of the afghan al qaeda and the most ruthless, vicious, disgusting unit of the taliban. and we said, you are not responsible for our security. and then we pretended when 13 americans died that that came as a surprise. and it was a tragedy that couldn't have been avoided. and it's a lie. joe biden and every single person in the national security apparatus and the state department and the pentagon and the cia, every single one of them that has blood on their hands deserves to be held accountable. don't give joe biden a free pass, because he is obviously had all summer since the election. he chose to be medicated and go and run as a fraud in front of the american people. lied to his face, lie to the entire country. and he deserves to be held accountable for that. >> sean: thank you. click on the way do you get the t-shirt? where do you get them? >> outkick.com . you've got to subscribe and tch this patriot award tonight. it is absolutely phenomenal. so great down here in south florida. >> amazing people that were honored, rightly so. thank you. straight ahead to come our country's two-tiered system of justice is again on full display. we will bring you the very latest from the left's abuse of the justice system. straight ahead to it don't mock ,stay with us. one in 15,000 people... ...is born with smith magenis syndrome, also known as sms. sms is a complex developmental disorder... ...linked to chromosome 17... associated with severe sleep-wake cycle disturbance. people with sms may be awake when it's time to sleep... ...and asleep when it's time to be awake. visit smithmagenis.info or call (833) 433-4331... to learn more about sleep disturbances and sms and find out what options may be available to you. ♪ ♪ >> sean: we also learned today that one of the men who stormed the capital on january the 6th has been sentenced to 41 months in prison after pleading guilty to one count of obstruction to an official proceeding. we have condemned from day one the actions on january 6. we've got to respect our institutions and protect elected officials. they called for a full scale investigation. here's tonight's question, where is the commission investigating the nearly 600 riots that took place in the summer of 2020? that would be a question i specifically would give to liz cheney. he's been on the high horse lecturing everybody about the constitution, the need for the rule of law, et cetera, et cetera. as have many others that are on this commission with a predetermined outcome. when they kicked off jim jordan and jim banks and liz cheney -- you knew that it was a stacked deck that predetermines conclusion to whatever this commission was going to come up with. but if they really care about riots, why not investigate the ones that killed thousands of americans, hurt thousands of police officers where we have billions of dollars in damage in terms of looting and arson that took place. a city blocks over. cops pelted -- we are not going to investigate that. dozens died. i guess that wouldn't advance, so let's say the rabbit obsessive-compulsive anti-trump agenda of people like liz cheney, or perhaps maybe the real agenda is to purge the republican party of all things trump. otherwise i would think he would treat all riots equally. and by the way, it's interesting to watch liz cheney become best friends with the very same people that called her father a liar and a murderer. remember, liz? remember, war criminals. you may remember calling him a crook. and just like dick cheney, they are more interested in going after former trump advisors than actually taking action against violent left-wing extremists. bannon is the first person charged with contempt of congress since 1983. he is motivated by politics? it certainly seems so. doesn't look like it's the rule of law. you have hillary's i.t. guy -- remember him? why did they get the treatment or the biotin and merrick garland treatment? you with reaction, fox news contributor jason chaffetz. congressman waltzed on my look at this and i see a clear double standard. what happened in the summer of 2020 could never happen again. >> you are absolutely right. i was on the house floor general was horrible. and those responsible should be held accountable in accordance with the law, not held unjustly and on charged for months and years. but to your point, absolutely nothing, crickets when it comes to the businesses destroys, the families destroyed, the cities that were gutted, the minority communities that were disproportionately harmed, the police officers that were killed. we have silence. but what really strikes me and kills me about this january 6 commission is it's the investigation after they already determined with impeachment that trump was guilty. but now they want to have an investigation to kind of back up their own bias and what they had already predetermined with no investigation at all. it's ridiculous, it's backwards, and the american people are worried about inflation, supply chain, our enemies on the march, americans abandoned behind enemy lines. that is what they are worried about. and that is why the democrat's poll numbers are sinking faster than a chinese hypersonic missile. it is just not what they are focused on their day-to-day lives. >> sean: congressman jabez, it is a predetermined outcome. we knew that the minute they kicked off jim jordan and jim banks. we know that the people they selected are the most anti-trump people that they could have. it seems like they are more interested in bludgeoning donald trump one more time than they are in the real issue itself, which is protecting institutions, the capital, politicians. but what about innocent people and cities all across the country? democrats like kamala harris promoting a bail fund for people that were rioting in minnesota. what about the arson? what about the looting? what about city blocks taken over? what about dozens of dead americans? what about thousands of injured cops? not a peep out of one of these people. to me this is a sham commission predetermined outcome and a waste of time. >> it is a sham. there's no chance of due process. nancy pelosi literally change the rules so she could have unilateral authority. the minority had no rights and could not appoint their people like jim jordan to actually be on that commission. and you are right, kamala harris 16 months ago was bailing people out and putting them out there. you are not seen any commission about the violence there. you don't even see about the commission of the origins of covid. what they are interested in is pure political points. it exasperates the situation and drives people crazy. i was the chairman of the oversight committee. i issued subpoenas to compel people to show up. and guess what? they didn't show up and the department of justice -- and lots of examples -- which is not prosecute people. especially the i.t. specialist brandon pili ohno. twice the u.s. marshals went after him. he didn't show. >> sean: he has been treated differently. steve madden's not equal just as not equal application of our laws, is there? >> now, i did it. i was the one that's on the a peanut. and guess what? the department of justice refused to prosecute. and suddenly steve bannon and trump comes along and in a couple of days they are out there and indicting him. it is a total double standard. the equal application of the law. it is pretty dull not clearly political. >> sean: thank you both for being with us. when we come back, more expert legal analysis in the rittenhouse trial. as we continue tonight here on "hannity." ♪ ♪ >> sean: and now a dispute between the prosecution and the rittenhouse lawyers intensified earlier today after the defense said that there was a key video evidence withheld from the night of the shooting and arguing that the video they received was compressed and been much lower quality than what the prosecution had in their hands the entire time. now here is the defense explaining the situation earlier today. >> the file name was nowhere near similar pair the one that was provided in the crime lab that they give me a copy of on saturday had a very long, convoluted title that involved a lot of numbers and letters that are the type usually associated with files from -- because they indicate a lot of different information like the location of the drone and the time. while i received initially on friday the fifth was not labelet what they are saying is true because the file name would not have changed if my computer was compressing anything. it was a different file that we were provided from what was provided in the states. >> sean: the defense filed another motion for a mistrial, this time for a mistrial without prejudice meaning that rittenhouse could be retried even if that motion was granted. we will have more straight ahead. but also develop into tonight and fbi whistle-blower is coming forward to reveal explosive evidence that the fbi was in fact using counterterrorism tools to monitor alleged threats against school officials undercutting the attorney general garland's -- tools to monitor alleged threats against school officials undercutting -- >> school boards and school should be classified as domestic terrorists or any kind of criminals. i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children, nor can i imagine the circumstance where they would be labeled as domestic terrorism. >> sean: here to break all this down is of course the host of "justice" judge jeanine pirro. thank you for being with us. let's start with merrick garland. it would appear now that his denial under oath was a lie. that is how i interpreted it. >> i interpreted at the same way, sean. for him to say i can't imagine using the patriot act against parents hey, you are the one who sent the original letters saying that you had to put task forces together to assess the threat by parents against teachers and school board members. but not even to mention that, this day before garland testified, this whistle-blower is telling and provided an email that shows that the counterterrorism unit of the fbi, which is under merrick garland, was put in on a target, a tag on parents that they think are a threat to teachers. with the counterterrorism unit with the fbi is already taking parents for things they think is a terrorist threat. merrick garland is either incompetent and doesn't know what's going on, which everybody in this administration certainly is capable of being called, or is lying to the american people. but we know from the get-go that there was a connection between the national school board association and the department of justice for merrick garland to get on this in four days. >> sean: let's be clear -- >> everything else takes forever. >> sean: let's be clear, what merrick garland said, what was originally charged, the memo he said he didn't know anything about, is not true and in fact they empowered agencies under his authority to get involved and look at parents that are complaining about age-appropriate material, covid restrictions, crt as domestic terrorists. all right. now the next question. when we look at inferior evidence that is given to the defense, god's law 101. they have a right to the exact same evidence that the prosecution will bring into trial. they didn't do it. i do believe the motion to dismiss with prejudice is relevant in this case as is this new one today. your thoughts? >> first of all, any prosecutor who does not provide the defense with evidence that is then used in trial could be -- could be charged with not giving a scope attorney materials to the defense or to cause a call for a mistrial in a case like this. the problem here is that the prosecution has been so inept, they didn't even -- it doesn't seem they even know what their main witness was going to say. you have to assume that there is bad faith on the part of the prosecution. the judge would be within his rights to grant the mistrial in this case given the fact that everything was sent to the defense by drop box and yet in this scenario, some of the most important evidence looked at by the jury that is pixelated out a different degree is brought before the jury and the defense never had it. this is 101 in terms of trial experience. and it should be used against the prosecution. the judge will decide what way he wants to handle it. >> sean: i think there's a good chance -- i think there is a good chance of a mistrial with prejudice. judge, we always love having you. thank you. more "hannity" after this. ♪ ♪ - [announcer] love the delicious taste of fried foods? now you don't have to say no. enjoy all the crunch without the calories when you create healthy, delicious meals with cuisinart air fryer toaster oven. our innovative technology lets you fry food with ultra hot air and 98% less oil for healthier results and no messy cleanup or lingering odors. with seven functions, this multitasking oven also bakes, broils, convection bakes and broils, warms, and toasts, so you'll use it every 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but i enjoyed every minute of it. it was great to see you. >> laura: great to see you, sean, but my question is, to have you in a little phone booth -- i don't know where you are, but i have a huge set, where you? this incredible wide shot. we've got a couple of people with gin and tonic's behind me. and you're like -- i don't know where -- look, we have at least three people -- >> laura: behind you in a minute stocking you. buying everybody shots. >> laura: sean, it was so good to be you and be wit t