>> what's happening here is weaponization of it no one has seen before ever. mother teresa could not beat these charges. >> jesse: the trump verdict. could be any second. >> i take full responsibility for my actions. i was disgusting then when i did it and i'm disgusted now, i'm so sorry. >> jesse: the pd grand jury is here. >> on memorial day i proudly stood with a black man. >> jesse: biden fights the black exodus with elmo. >> can you fathom that? >> jesse: plus... >> i'm a man, i'm a man! [♪♪] [♪♪] >> jesse: the trial for a crime democrats can't name is now in the hands of a liberal manhattan jury. how does trump think this whole thing is going? >> mother teresa could not beat these charges. these charges are rigged, the whole thing is rigged. you have a trial like this where the judge is so conflicted he can't breathe, he's going to do his job. it's a disgrace. mother teresa could not beat these charges. >> jesse: this jury has already deliberated longer than the oj jury but biden must be happy because that's four and a half hours the trump can't campaign in the bronx. the jury resumes deliberations tomorrow at 9:30 unlike the rest of us, they are confused. they asked the judge to reread them what the case was about and judge juan merchan told the jury what the crimes were. are you ready? there's three. a federal campaign violation, the creation of a false records and a tax violation. we knew about the false records charge although i did not know how marking legal expense for paying a lawyer is a crime. tax violations. first time i had ever heard anything about taxes. and the old campaign finance violation, and now we know the specific charge. i will read it. it's a violation of new york state law to conspire to promote the election of any persons by unlawful means. it's a misdemeanor. and by the way brag has to prove that trump knew he was breaking election law. in 2016 trump was a first-time politician. he did not know election law. and of silencing bimbo eruptions is a legal you'd have to throw bill clinton's entire campaign in prison. trump was going to call a witness to say this wasn't against the law, a judge would not let him. so listen to what the judge told the jury. the jury gets to pick what crime trump is guilty of. the 12 jurors who don't even have to agree on which three charges he's guilty of, you can just be one, or any one, two, three charge combination and the judge considers that a unanimous verdict. convicted. it's like a crime buffet. twelve jurors can go to the buffet, each eat different things. one juror gets a solid got the other get meat and potatoes, others get solid, meat and potatoes. all they have to do is agree on their meal was delicious. even though they did not even taste everyone else's food. fill your plate with misdemeanors, whatever you want, and we will call it a felony. this is the first time we've seen a case like this in the history of the american legal system and three nonunanimous misdemeanors make a former president and convicted felon. it's not like they found trump with gold bars and his closet like gold bar bob. it's not like trump filled to -- filmed his crime spree like hunter. if i don't understand it and our lawyers don't understand it, how do you think the jury feels? >> the jury must be overwhelmed. i mean to have all of these instructions just read to them without them getting a copy is going to be overwhelming for them, and also it's crazy that the lawyers were not able to discuss instructions in their closings yesterday. they weren't able to do that yesterday which i find bizarre. >> jesse: the judge sent 12 manhattan jurors to deliberate on the fate of the former president with a new crime and no guidance. a couple of these jurors went in there admitting they don't like trump. how are they supposed to be fair if the crime is not clear? you can't, that's the point. it's all a motion. this case was designed to be confusing. it's why they made it about sex and the election and never touched on the actual law. they played right into the jury's biases and stereotypes. dismissed jurors were telling us this weeks ago, remember? >> do you feel like the people you were speaking within the jury room, that you sat with all day on tuesday, that they can put together a fair and impartial jury because of that dense of duty? do you think that's possible? >> i'm not sure about that. >> why? >> you know, everybody has biases and, you know, stereotypes in their minds. >> jesse: the jury has two lawyers on it who work in manhattan corporate law firms with dei all over their websites. they know the charges are frankenstein, they went to law school, they know better. what do you think happens if they find trump not guilty and show up to work next week? corporate law firms in new york city are about as political a place as you can work, outside of politics. these types of firms all work for and donate to democrats. their reputations and their careers are in jeopardy. so is everyone else's inside of the courtroom. if bragg fails, his career is over, maybe he lands at msnbc, maybe. if judge merchan guides the jury to a convection and he's overturned on appeal, democrats don't care, he doesn't care, it's after the election. merchan will be a hero in liberal law circles and his daughter, a democrat consultant, will get filthy rich. there's something very fishy about how judge merchan came to preside over this case. there are 24 sitting judges who were supposed to be randomly selected from to take this case. judge cohen -- judge merchan wasn't even on the list of judges. he's enacting judge. and he's not just a biden donor, judge merchan donated to the progressive turnout project and to an organization called stop trump and he never recused himself. judge merchan was allegedly randomly selected for the trump hush money case, the trump organization fraud case and for the steve bannon case. this is almost statistically impossible, that enacting judge not within the pool of sitting judges, who happens to be a stop trump donor, is randomly selected to all three of those drum cases within the same year. it's probably another conspiracy theory. just like the resistance left fell in love with ouchi, muller, they now have a man crotch on merchan. >> i have like a man crush on him. >> i think he is such a great judge that it's hard to see that jurors would not have the same impression and he's just, you keep thinking if you looked into the dictionary for like judicial temperament, that's what you get >> jesse: judicial temperament? he kicked everyone out of the courtroom so he could yell at a defense witness who rolled his eyes. and then threatened to throw the former president of the united states in jail for talking. the judge is throwing a tantrum inside the courthouse and the sitting president and sends actors to throw tantrums outside the courthouse. he let a let a born star suggest she was sexually assaulted and then told the jury oops pretend you did not hear that. and then let michael cohen cell the jury anti-trump t-shirts from the witness stand. no one knows what the heck is going on. >> the confusion is nobody knows what the crime is because there is no crime. nobody knows what the crime is, the da did not name the crime. they don't know what the crime is, that's what the problem is. it's a disgrace, this thing ought to be ended immediately. the judge ought to end it and save his reputation. >> jesse: the defendant has a constitutional right to know the crime he's being charged with. you can't tell him on the last day and you can't tell the jury the crime on the last day either. and if the judge, witnesses and the crowd can't control their emotions, how can we expect the jury to put their emotions to the side and use reason to decide this case? fox news legal editor is here. what happened to were the end of the day? >> it was a draining long day and at the very end of it we learned that in new york state, the jurors are not given the jury instructions to read for themselves, which means that if they have any questions at all, we all have to sit there so the judge or the court reporters can reread all of it again. this comes at the end of a day where we sat this morning for an hour and 40 minutes where judge merchan spoke very slowly and very softly. it was hard to even keep your eyes open and i'm thinking to myself i'm a lawyer, i've been following this for how many weeks. how in the world is the jury retaining all of this information? the crimes, elements and all of that. to go back into a room and say all right, now that we have that in my head, we can decide whether the former president of the united states should go to jail or not. >> jesse: you are saying the judge gave the jury instructions front hour and 40 minutes? >> yes, he read them. >> jesse: you know when your husband or wife tells you something to do and it's like 30 seconds later and she's like i need you to get this for me and that. i need to write this down. an hour and 40 minutes? >> something like that. something up there. and so you can imagine how we all felt, and i don't blame the jurors on this, i don't know how it would be possible for any human being to retain all of that information just by listening. so we get to the end of the day and we get two notes from the jury. one is they want to here some of the testimony from previous weeks from david and michael cohen which apparently is about 30 pages and according to the court reporter, that will take 40 minutes to read. >> jesse: they can't take the transcript back. they have to be read the transcripts. >> yep. >> jesse: and they have to take notes? >> i can take notes but tomorrow what we are doing is we are literally going to do tomorrow morning exactly what we did this morning, where we will sit through all of the jury instructions read again, and then 30 pages of testimony that we've gotten. >> jesse: and trump can't campaign. >> and he has to sit there the whole time. even this afternoon the jurors were allowed to leave and the judge met with the lawyers, we were all allowed to watch to decide which portions of the transcript would be relevant. that's an important discussion. trump could not even leave for that. >> jesse: he can't even play golf and get a phone call, the verdict is in, and just drive right back to new york? >> it's a crazy rule. >> jesse: kerri urbahn, thank you as always. former federal prosecutor joins me now. this judge donates to an organization stop republicans, donates to biden, the biden campaign is paying his daughter. doesn't recuse, and then confuses the but jesus out of the jury for an hour and 40 minutes. and they have no idea what the case is or what the crime is a. other than that, how was everything going? >> well in the merchan world it's going perfectly well. i agree with what kerri urbahn said, i don't blame the jury here. look, i've had my fair share of jury trials. i would tell you that andrew wiseman who has a man crush on the judge, i've had scores more than him and never in all of my trials did a jury come back in three hours and ask the judge could you repeat everything you just said in the last hour for an hour and 40 minutes? never happened. and it's because -- and it's never happened and maybe on day three but not on hour three and sort of like alvin bragg suits, there's a lot of material and they can't keep up as they are, you know, trying to sort of absorb the law, which is the most important part of the trial in many ways because they have to apply it to the last five weeks of facts that the judge allowed two weeks of evidence to be crammed into five weeks. amazing pace he took in his courtroom as an acting judge. so it really isn't the jury's fault. i'm glad though that they are being diligent, that they are asking questions, taking whatever steps they need to take to be good diligent jury. and i disagree with the president on this, that mother teresa may be can't get an acquittal, but i think mother teresa can definitely get a hung jury because these charges are so confusing because there is no crime. >> jesse: all right. and isn't it illegal to sandbag the defendant with a crime on the last day? and they just invented this theory where you can choose from a list of three, not be unanimous, and that is how you get a conviction of a former president? when has that happened before? >> it's -- well and to your latter point there, this is the first trial and prosecution of a former president of the united states and this is, like, america, this is what was brought, these are the charges, and we are just learning of what the criminal theory is on day 35. and so i think that what i would say about the charges about judge merchan is that his permissive bias has been on display throughout and he really needed to recuse himself at the beginning and we are seeing why now. >> jesse: mother teresa, she could get a hung. if she could may be trump can in manhattan. let's see how it shakes out. thank you so much. >> thank you jesse. >> jesse: democrats woke up this morning and realized the trial has backfired and now they are begging for it to end. >> i'm waiting for it to end to be honest. i want to trump back on the campaign trail. i actually think if he's convicted back it helps a little bit on the margins. i think if he's found not guilty, i think that's more of a benefit for him than if he's found guilty for the other side. i wanted over. i just don't think the country cares about it. i think the country cares about inflation, they care about abortion, democracy, the war in gaza. i just think we are talking to ourselves a lot here. i'm not saying it should not have been brought. i wanted over. >> jesse: trump campaign press secretary caroline levitt is here. why do you think they wanted over so quickly if for the last year they've been trying to get him tied down in court? >> be careful what you wish for, this is a classic example of that. i'm not sure when the democrats are going to realize do not underestimate donald trump. he will camp -- fight through everything. he fought through two hoax impeachment, he fought through the russia hoax. he fought through endless investigations into his family, into his business, into himself as president, now as a candidate. they can find into the courtroom for six weeks and he's stronger than ever. i was with him all day today. he's in great spirits. why? because he knows he has the truth on his side and he's going to be vindicated and the democrats know that too. they don't have a case, they don't have a crime, they concocted this entire trial to put it on in the media capital of the world in new york in an attempt to weaken him ahead of the election and it is not working catches look at the polls. >> jesse: does the trump campaign believe that a conviction as ridiculous as it would be wood hurt the campaign in anyway? >> we put out a new poll today that shows that the majority of americans will not be swayed by this trial. they already aren't. more than half of the country views this as a political hit a job which is exactly what it is. like i said, with every indictment, with every impeachment, donald trump has only grown stronger and this game will be any different. >> jesse: he says that success is the best revenge but let's say he doesn't win reelection this november, will there be any revenge directed at the people that put this hoax case together? >> certainly people need to be held accountable for the crimes that have been committed over the last several years that we've seen them line, we seen them abuse our justice system, we've seen joe biden target innocent americans across this country such as the protesters on january 6th who they've thrown in the gulags in washington, dc. president trump said he will pardon those protesters on day one of his presidency. yes, justice needs to be served for the goodhearted americans across this country who want to see an equal application of the law, and this trial proves we don't have that in america right now. >> jesse: karoline leavitt, thank you so much. elmo, diddy and the swami ahead. 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[♪♪] >> jesse: the biden campaign is in deep trouble with black americans and they are blaming the media. >> we are operating in a fractured and fragmented media environment. a lot of young voters in particular have not yet tuned in to the presidential election. some campaigns have done in the past, reach out to young black voters by using every tool at our disposal right now to do so. frankly despite what trump and his team say, this is the only campaign that is actively and aggressively doing that. >> jesse: the only thing biden aggressively pursues is dia -- dei. punished black america with bidenomics. >> i'm proud to have the most diverse a ministration in history that taps into the full talents of our country. it starts at the top with the vice president. on memorial day i probably stood with a black man, the highest order, the first black secretary of defense. >> because you voted i was able to keep my commitment to appoint the first black woman on the united states supreme court. >> i appointed more black women to the federal circuit courts than every other president in american history combined. every single president combined. >> they are trying to erase black history. we will write black history. >> jesse: black americans care more about inflation, immigration and crime than diversity, equity and inclusion. biden can't comprehend that. so he dusted off on will harass for the first time in months and held a joint campaign event at up lack billy charter school with black elmo. philly elmo's claim to fame? dancing in front of a dumpster fire. fitting. [♪♪] >> jesse: today was supposed to be joe's big rally for black america. instead he failed to fill a kids gym. >> trump is trying to make the country forget just how dark and unsettling things were when he was president. but we will never forget lying around us -- him lying around actually. >> jesse: black, white,'s panic, nobody can figure out what he's talking about, except for the view who thinks trump is the one who has trouble with words. >> the man is competent, alert and doing the job and it's not about his age. the other one is doddering and does not remember anything. and can't put a sentence together and has like brain farts in the middle of a paragraph. >> jesse: now prominent black voices are backing away from biden. >> if i was president joe biden and i was getting the backlash i'm getting, i would have talked with them, not to them. i want to have a conversation with them to see what they are frustrated about. i want to talk to them about the things that i know are bothering them. i think that would go way further than what he did. these kids are brilliant. these kids, you know, they care about actual issues. >> jesse: this has been the left's strategy for decades, pander every four years, blame racism and live. >> what would have happened if black americans had stormed the capital? i don't think you would be talking about pardons. this is the same guy who wanted to teargas you. as you peacefully protested george floyd's murder. >> jesse: as activist joins us now. you are at the bronx event with former president trump. why were you there? >> i was there number 1 to speak and also to get the crowd motivated. >> jesse: yeah? >> yeah. it was electric, it was magical, it was some event. >> jesse: when you see joe biden out there saying this, that and the other thing, does that sink in with black voters? >> you know, just sitting here listening to that, if you like vomiting. for the simple fact th