Tampering. Thats where we start. Im bill hemmer. It is wednesday, midweek. Dana good morning, im dana perino and this is americas newsroom. That a lot of legal stuff well get to today. Politics as well. Murdaugh issue, six months since a jury found him guilty of killing his wife and son. The former South Carolina prosecutor is serving two Life Sentences without parole. His attorneys say that should be thrown out because they say the court clerk tampered with the jury. Bill the defense is saying the clerk tried to sway and pressure jurors saying she wanted to insure a guilty verdict so she could write a book and make money and go on a media tour. I want to take you back to her talking with us On Fox Nation about the trial. My breath was knocked out for a moment but then i have to tell myself to treat it just like any other trial, any other verdict that i have to read and i have to place my mind there and take out any personal relationships. The murdaughs could deaf niftily set the laws, make the laws, and bend the laws. You would not want to be on the wrong side of them. Dana all this echoing claims from buster who told Martha Maccallum his fathers trial was anything but fair. I do not believe it was fair. Why . I was there for six weeks studying it and i think it was a tilted table from the beginning and i think unfortunately a lot of the jurors felt that way prior to when they had to deliberate. It was predetermined in their minds prior to when they heard any shred of evidence given in that room. Dana Jonathan Serrie has more from atlanta. The people of South Carolina thought it was behind them but it clearly isnt. They did indeed. Now there is the threat of an appeal. Alex murdaugh is not only asking for a new trial but also a federal investigation into those allegations of Jury Tampering. His lawyer submitted sworn affidavits from jurors alleging that the clerk of court, rebecca hill, instructed them not to be fooled by evidence presented by the defense and pushed them for a speedy verdict. Murdaughs defense team says jurors were reluctant to speak about it until they learned hill was writing about the trial. When the clerk of court wrote her book, published her book, that zone of silence collapsed. Hills coauthor said there was no lucrative book deal in advance and the two selfpublished. We spent 30,000 of our own money so, you know, there is no big check coming in for an advance, you know, for to see one outcome or the other. Dana and bill, gordon says becky hill is a woman of faith who prays regularly with her staff. During the trial she noticed the jury praying each day and he asked her if she had ever prayed with the jury. She said no, that would create a potential conflict of interest. Back to you guys. Dana thank you for the update. Bill Jonathan Turley is here on this. Good morning. This is jim griffin saying we never put him on the stand had we known any of this. Thats the claim he makes. Watch. There has been a lot said talked about whether alex should have taken the stand. I can assure you, i can assure you when we considered what factors and what we should and should not do and considered whether he should take the stand, we never considered the likelihood as reported to us by the jurors that the clerk of court would go into the sanctity of the jury room before he testified and tell the jurors dont be fooled by his testimony. Watch out for his body language. Bill i dont know if this is revision or not, professor. Because as i recall, murdaugh was the one who wanted to take the stand, remember . He was the best attorney in the entire state of South Carolina. Yeah, this was really a Hail Mary Play most Defense Attorneys dont want their clients to take the stand. In a case like this the risks are simply too high. If your client stumbles on the stand he is unlikely to get up because the prosecutors are right there to jump on him. So i think this was a calculation that the evidence was so strong against him it would take that personal connection to get someone on the jury to say im not convinced. But i have to say, bill, you know, ive been watching trials a long time. Basically a Criminal Defense Attorney and trained in past years, i havent seen evidence like this in many cases. This is in terms of the Jury Tampering allegations, this is pretty serious. The juries are really kept in this highlyprotected cocoon in the court. What is being alleged by hill goes well beyond the pale. The court has no choice but to take this very seriously and hold a hearing. Dana why would we be learning about this now . Well, a lot of this ironically is because Jury Proceedings are secret. You dont normally hear from the jury. You are allowed to poll the jury and allowed to speak to jurors after the trial. Most elect not to do that particularly with the defense if they voted to convict. I think the catalyst was a book that had a shaking of the tree effect. The defense went after it, as they had to. But, you know, these are affidavits that have been submitted by the defense. Those are made by people under penalty of perjury. The book itself raises serious questions. The court cant take a blind eye to this. No matter how strong the evidence is against the defendant, he is still entitled to a fair trial. That includes a jury that is not subject to influence by court staff on these types of issues. Bill maybe this has legs after all. See how it goes. Another topic yesterday james comer sent out a number of subpoenas for Secretary Mayokas Alleging the Secret Service tipped of hunter biden to an interview of september 8, 2020. The interview did not happen. Several weeks after the election. Whats comer going for here . What evidence do you believe he has that can help him make his case . I think comer has no choice but to pursue this evidence. Democratic members opposed the investigation in its entirety and said this is the way all criminal cases are handled. These seasoned i. R. S. Whistleblowers said no its not. An f. B. I. Agent said that it had not happened to him before. They were told to stay a block away from the house and they were eventually waved off. Thats pretty serious when you are talking about the president s son. The Secret Service can clearly and Homeland Security can clearly discuss this issue. We are talking about a past effort to interview someone who now knows that he was and continues to be a target. They can answer these questions. So this is going to end up with a confrontation between congress and the administration. The question is why the administration is doing this . Its like a game of chicken and they want to see if Congress Jumps out first. Well, congress can change the game. They could start an impeachment inquiry. And they could say look, we want these answers. Either you will give them to us or give a court to tell you to give them to us. Dana it might come to that the end of the month. Government shutdown. Impeachment inquiries, demands for it from Kevin Mccarthys point of view. He is getting squeezed. Thank you. So there is some confusion over when and where President Biden decides to wear a mask. The president was seen yesterday entering the Medal Of Honor event which they said he would do. Then he left no mask walking through a crowded audience. The white house insists the president is testing negative and set to travel to india i believe tomorrow. Bill the president s age has been casting a bit of a shadow over his reelection bid for the white house in 2024. 77 of americans say he is too old to serve a second term. That was in one recent poll. The Vice PresidentKamala Harris is now dismissing any Uneasiness Voters may have over age. First of all, let me say that our president has been an extraordinary leader. A substantial amount of time we spend together is in the oval office where i see how his ability to understand issues and weave through complex issues in a way no one else can to make smart and important decisions. Bill that perhaps is what the election could hinge on, right . Dana partly. For some people for sure. Bill Wall Street Journal poll told us yesterday. Dana the a. P. Poll was 77 he was too old to run. She is making the best she can on the hand she has been dealt. The president also losing favorability that helped him win in 2020. Black and hispanic voters dropped 73 to 53 . Thats quite a drop. Good morning. It is quite a drop. The New York Times says President Biden is loseings key support among the groups, black and hispanic voters, democrats are counting on them if they plan to hold onto is white house and senate. If he, being President Biden, is unable to revitalize the support by next november it will continue a trend of declining democratic strength among voters considered to be a foundation of the party. So what can the president and maybe more importantly his campaign do to change the feelings . It appears it is time for a media blitz. Tomorrow the Biden Harris Campaign set to launch this new ad tied to the start of the nfl season touting the president s economic record as polls show voters are concerned about inflation. The ads will be running in some swing states. Some you would expect places like arizona, georgia, michigan, pennsylvania, wisconsin where the ads will be. Polls show the president and predecessor former President Trump tied in a hypothetical matchup. Some republicans argue now is the time more than ever for new standard bearers. We should have term limits in washington and Mental Competency tests. The people paying their tax dollars for these men and women to go to d. C. Need to know they are at the top of their game. We dont need people staying there forever. One group the president is also counting on in his reelection bid is organized labor. Later today at the white house there will be welcoming members of the long shore and warehouse union. A group that ratified a new six year contract. Theyll be here this afternoon. Dana not much going on. Mark meredith at the white house. Bill is the republican field losing sight of its conservative values . Pence makes the argument that it is yes. He will join us to talk about it coming up. Plus there is this. Look, this is a case of the democrats rhetoric. Sanctuary policies, Open Border Policies finally catching up to them. 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Helping businesses both large and small, communities and the people who live and work there grow and thrive. Were proud to call these places home too. Theyre where we put down roots, and where together, we work to help move everyones financial goals forward. Pnc bank. Dana from coast to coast no city is spared from the overwhelming number of migrants coming to the United States. Blue states arizona senator Kyrsten Sinema is investigating the Biden Administrations response after it gave her state less help than it gave to new york. This issue is heating up. We were texting about it this morning, aishah. We have been talking about it for quite some time and so has everyone on the hill. Senator sinema isnt the only one upset with how the border has been handled and dealt with and upsetting people like democrats on the hill and blue states and could be the issue that grinds this government to a halt heading towards a Spending Showdown really. Today senator sinema will lead a hearing about the Biden Administrations handling of the southern border after the end of title 42 and sure to come up in this hearing is the fact the white house doled out 134 million to new york state over the 69 million sent to arizona, a border state. Five other democrats joined sinema in denouncing the Biden Administration decision this summer. Democrats in new york and other blue states are mad, too. Were seeing more and more protests breaking out over the migrant surge. In Massachusetts Governor healey is saying she will deploy the National Guard soon to help out at shelters and new york carve new york hochul is calling on the government to fix the border. The rub in all of this. Despite all their complaining its democrats on the hill that are blaming house conservatives for threatening to hold up government funding over, what else, but securing the border. Here is Congressman Chip Roy on the whole ordeal. We dont need more money for more processing or more money to keep ignoring the law. We need to actually enforce the law for the good of our country and the good for migrants. We have no intention of agreeing to continue the policy of priorities of this administration which are contrary to the policy priorities of the people we represent. Congressman roy told me last night i dont want the government to shut down but im not afraid of it if it means securing this border finally once and for all. Dana aishah hosni, thank you for being on top of it for us. Im running for president for one reason and one reason only. That is i think this country is in a lot of trouble. I think joe biden is weakened america at home and abroad. We cant just criticize the socalled radical biden agenda. Of course there is everything in the world wrong with it. But thats not enough. Thats actually why we didnt succeed in 2022. Bill former Vice President mike pence and some republican rivals going at it after a populous message at mike pence projects himself as the only true conservative. Thank you for your time and welcome back to our program. Our digital team got a copy of your speech today and one of the lines you are set to deliver is are we going to follow the siren song of populism away from the timeless conservative principles of the Republican Party . To whom are you referring . Right. Well look, you look at this republican field whether its my former running mate or some of his imitators and there is a push in this republican primary to move us away from our partys historic commitment to American Leadership on the world stage, to a commitment of fiscal responsibility and reform in the face of a Massive National debt crisis. And many of those people i share the stage with including my former running mate who wasnt there want to marginalize the right to life and relegate it to states only issue. I came to the party during the reagan years and i really believe and not only the pathway to victory for the Republican Party in the fall of 2024 but the way we restore security and prosperity for the American People is to deliver a standard bearer and an agenda built on that common sense conservative agenda that has always delivered greater security and prosperity for the American People and i say with great humility that i am the most proven and consistent and qualified and tested conservative in the rac