dealing with the election could somehow provide a writ for the justices to get involved. if you talk to legal experts it seems a narrow path, but is there a path? >> yeah, bret, there is certainly a path. the supreme court has stepped in in other criminal cases primarily when the death penalty is at issue and has stayed, you know, the proceedings. but it is not unprecedented. you have bush versus gore and ibm. several cases the supreme court has indicated they will put a freeze and hold on it to see if there are constitutional violations that are significant. >> dana: brett tollman, thank you. fox news alert because right now we're waiting to hear from former president trump. he is scheduled to speak at a news conference this morning at trump tower just a little -- 59 minutes from now. that is just one day after he was found guilty on all 34 felony counts in his new york criminal trial. welcome to a new hour of "america's newsroom," i'm dana perino. bill hemmer is off today. hi to you, bret. >> bret: good morning. yesterday's verdict is one for the history books. history in the making as we saw it develop. the former president is now the first former president of the united states to ever be convicted in a criminal trial. the "new york post" blasting the entire proceedings denouncing trump's prosecution and conviction as a political hit job. trump campaign warning president biden and democrats to buckle up now that trump is free to hit the campaign trail seeking to win back the white house. rnc michael whatley telling us earlier americans will see through this case as another example of democrat law fare. >> people knew this was a show trial. people knew it was politically biased trial. the american support for the president is grounded in the fact that he is waking up this morning ready to fight for the american people just like he wakes up every morning ready to fight. >> dana: fox team coverage. shannon bream, jonathan turley, kerri urbahn and lydia hu starting us off live at trump tower. good morning. >> good morning, dana and bret. i'm standing in the lobby of trump tower. we're among many press packed in here waiting to hear the remarks from the former president on the heels of that historic guilty verdict. we expect the comments to start around 11:00 a.m. in just under an hour. already the former president has told fox news digital he plans to fight this verdict. they will appeal. he also told fox news digital this verdict is a stain on the new york judicial system. now today's remarks are a campaign event for trump so perhaps we could hear more from trump speaking to his supporters motivating them to support him in this election. that comes as we are learning just moments ago from the trump campaign that since 6:00 p.m. last night the trump campaign has raised $34.9 million just on the heels of this verdict. whatever trump says today here at trump tower, he is saying it while he remains under judge juan merchan's gag order. of course, we know that prohibits certain comments from him including comments about witnesses in the trial like michael cohen. that gag order will remain in place until the judge lifts or revises it. defense attorneys could request that. as of our last check this morning none of that has happened. so we'll see just how far trump will push his remarks when he speaks here in an hour's time. a $10,000 fine on trump and threatened jail time if there were further violations. we're watching for that. we'll send it back to you. >> bret: now for a look at the legal and political fallout. let's bring in our panel shannon bream, chief legal correspondent. law professor jonathan turley and fox news legal editor kerry urbahn. thank you for being here. you've done an amazing job in front of the courthouse and covering all of this. the wall street editorial board took a specific line. a guilty verdict for trump and its consequences for the country. district attorney alvin bragg inaugurates a knew and destabilizing era of american politics. alvin bragg from yesterday. >> i did my job. our job is to follow the facts and the law without fear or favor. that's exactly what we did here. i did my job, we did our job. many voices out there. the only voice that matters is the voice of the jury and the jury has spoken. >> bret: shannon, your thoughts on all that. >> again, if he says he did his job people will harken back to what he said when he was campaigning. similar language from james the a.g. saying they would go after president trump. a lot of people think that's the job alvin bragg is talking about. there were people we talked from the beginning who thought this was one of the weakest cases, that was coming from people across the legal and political spectrum. what happened and all been talking about over the weeks and months of this trial is that a judge has enormous power the way they rule on different objections and put together jury instructions and all talked endlessly about the fact the defendant was unable to defend against the underlying crime. they didn't hear what it was until the jury got the instructions. so i think there is a lot of fertile ground for them on appeal and they will mine it. >> dana: can you still brag about doing your job if you are overturned on appeal? >> in some strange way i expect the answer is yes because this trial is playing to two countries, right? we're divided. and it fulfilled the narrative of both sides. for trump critics this was the long-awaited guilty verdict and was justly handed down. for trump supporters, this is proof of the weaponization of the legal system. either way history was made in that room and you could feel the weight of it. i was watching in the courtroom there was a solemnity and a weight to the moment. the question is what history was made? obviously a president was convicted. but i also got the feeling that this was a rallying point, a moment that might galvanize the country. i believe it was the weaponization of the criminal system and something in our dna as americans that resists that. we aren't used to it. and i do think that this may be a turning point for many americans, many who may not like trump who feel we've gone too far and lost our moorings in the constitution. >> bret: bragg also brought up the 1930s and then district attorney thomas duey and he said ushering in an era of modern independent professional prosecutor to say this is what was meant to do all the way from back then to now and what his office does. what about that? >> well, i immediately thought of a famous speech given by former attorney general robert jackson december 1, 1940. he warned federal prosecutors about the power that they have and the abuse that they can wreak really if they are not careful to distance themselves from politics. and yet everything we saw about this trial screamed politics. in fact, robert jackson talked about how the prosecutor has more power over someone's life, liberty and reputation than anyone else in america and must take that very seriously. i think that was what was most troubling to me not just as a lawyer or someone talking politics but as an american citizen. i think where that really -- where you can really see that is the verdict form. trump should have been given a special verdict form. now as we know he is a convicted felon. the problem is he doesn't know how those misdemeanor business charges were converted to felonies because it is not on the form. if you look at the form, you just see falsification of business records 34 times. you don't know what the underlying crime is. so he doesn't even know why he is a convicted felon. it is nowhere to be found. we don't know where the jury landed on the underlying crimes we found out about on the last day. how is that fair? >> dana: incredible. i wanted to ask you this. another case yesterday in the supreme court deals with new york state and national rifle association and first amendment. you have had the left saying you must respect the manhattan district attorney. for the last two weeks they've been trashing the u.s. supreme court trying to get two of the justices to recuse themselves in a case for ridiculous reasons and now you have them angry about what they decided yesterday. here is sotomayor yesterday and what she said. the first amendment prohibits government officials from drilleding their power to punish or suspect speech through private intermediaries. there was unanimous decision in the supreme court yesterday to support the nra. what happened here? >> we get these press releases either from the white house, democrats saying hey, the supreme court did a right thing today on xyz question. the next week they don't like it and we emails time to make people recuse. this was a 9-0 decision that found there was a new york state official who pressured entities that her agency regulated to stop doing business with the nra. there is a potential case here, the nra can pursue this because we agree with one voice that government entities cannot pressure private third parties to silence a position the government may not agree with here what the nra does. it gives the nra a new lease on life. there are 9-0 decisions on the court. everybody agreed this was an issue. >> dana: thank you, panel. we would love to have you for the whole hour. we have other news. >> bret: all right. we're awaiting, dana, president biden leaving rehoboth beach, delaware. you are looking at dover air force base in dover, delaware. he could react to the trump verdict for the first time on camera. we saw a campaign release statement but as you look at air force one there, he will take air force one back to andrews and then get back to the white house today but we're watching closely to see if he stops in front of the cameras to make a statement about this. >> we'll talk about the rather astonishing fact that right before the hunter biden trial, joe biden decided a little witness tampering is a good way to start that trial. >> dana: there is another historic trial about to get underway. jury selection is hunter biden's gun case begins monday. that's next. there is also this. >> this conviction will backfire on the democrats. i think every time that president trump has been indicted, that his approval ratings actually increase, his popularity increases. >> bret: 2024 race entering unchart evidence waters after former president trump is convicted. but he warns the real verdict will come on november 5th, election day. >> dana: microphones are in place at trump tower as we're less than an hour away from hearing from donald trump himself. we'll bring you the former president's remarks as soon as they start. >> the real verdict will be november 5th by the people and they know what happened here and everybody knows what happened here. health? mary, janet, hey!! 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hold you back from your passions. it's the only solution with two max-strength anesthetics to deliver the strongest numbing pain relief available. so, do your thing like a pro, pain-free. absorbine pro. >> bret: president biden boarding air force one at dover air force base getting out of the motorcade did not come to the cameras to make a statement about this trial. you see him boarding. he will take air force one from dover air force base to andrews on his way back. they are yelling questions but he does not stop. it's about a 20-minute flight there. yesterday the campaign put out a statement saying in other words there is still only one way to keep donald trump out of the oval office, at the ballot box, felon or not. he is on his way to washington, d.c. also on that flight just boarded on the back side hunter biden, the president's son. speaking of which, as one historic trial ends, another one is about to begin. jury selection in hunter biden's delaware trial is set for monday. the first son is accused of lying about his drug use while buying a gun back in 2018. he will be the first child of a sitting president to be a criminal defendant. let's go live now to david spunt with the latest on this. good morning, david. >> hunter's life will change monday when jury selection does kick off in his federal trial. three felony charges. we know some of the evidence that will be presented. special counsel david weiss will introduce part of his laptop. the lawyers fought vigorously to exclude it. this is the same laptop in october of 2020, 50 former intelligence officials said it had the possible classic earmarks of possible russian disinformation. it wasn't disinformation. david weiss in a brief special said the defendant's laptop is real and introduced as a trial exhibit and it contains significant evidence of the defendant's guilt. the evidence on his laptop is corroborated by independent sources. hunter was in court a week ago today a final hearing. he is charged with three counts of lying on the gun form claiming he was not a drug user. abbe lowell said hunter did not check no to being a drug user. it needs to be examined if other people tampered with the form. it appears hunter biden signed the form. special counsel is confident hunter biden is the one who checked the box. they can't mention hunter's indictment in a tax case in california or can't mention his child support case in arkansas or discharge from the navy. the judge you see there was the same judge who tore up the plea deal last summer that would have helped hunter biden avoid prison time. also possible we'll be watching this weekend, even today for a plea deal. both sides are ready to go on monday it seems. this will likely take probably two weeks, bret, for this trial. >> bret: we'll be watching it. thank you. >> bret: i feel like today was a victory at least a minor victory for the rule of law and also for democratic politics. >> mr. steinglass, i think, some of you probably saw him speak for a little bit the other day. so he has done his job, as has this team. >> dana: as democrats relish in a new york' guilty verdict of trump. both the biden and trump campaigns are capitalizing on trump's felony conviction. trump says the american people will decide the real verdict election day. they raised millions of dollars after the verdict yesterday. i mentioned to michael whatley the rnc chair maybe alvin bragg did something for him yesterday he was working on doing. trying to unite the entire republican party to get behind president trump. the eye-popping number was the biggest small dollar donation day ever. >> a massive number. to your point about unity strong statements from people like susan collins in maine, there are a lot of people on the center right, not just hard core maga folks, who believe this is a legal travesty and a fire has been lit under, of course, trump supporters but really the republican party generally. i think democrats understandably are celebrating. a lot of them have fantasized about a moment like this. guilty verdicts in the courtroom with donald trump sitting there. how this plays out, though, in terms of public opinion in the coming weeks and months i'm not confident and skeptical of anyone who offers like rock solid i know what is going to happen. i'm not so sure. it could help trump or hurt trump. we could say a change in the trajectory briefly or reversion or steady as she goes as it has been for months. we'll have to wait and see. >> bret: richard, going back to 34.8 million from 6:00 p.m. to midnight for fundraising and the campaign senior advisors say 29.7% of yesterday's donors were brand-new donors. do you think democrats are worried about what this is going to do as far as firing up even not just the base but other people that maybe think this is the wrong answer? >> a couple of points here, one i agree with guy there is no telling what it can mean. anybody saying they can predict it. time will be the only predictor here. i take umbrage saying democrats are celebrating. i have to tell you it was a sad day for the american people yesterday that we have come to this point in our country where this is what's happening. whether or not you agree with trump's innocence or guilt, a jury of 12 manhattan citizens, residents, remember in 2016 when trump voted he voted in manhattan. a group of peers said he was guilty of 34 counts. that's problematic and sad day for america period. >> dana: let me say one thing. one of the reasons rfk junior has appeal for some people looking for an option not trump or biden. he was on jesse watters prime time last night. watch. >> you know what i would say to people in the democratic is even if you won this way, you know, what will it do to our country if half the people in this country have the anger and the rage and feel like the person, their champion that is a candidate they want to vote for has been taken off the table? >> dana: any thoughts on that, guy? >> dana, i was talking about this with yourself and bill on the show the other day before the verdict came down. i think it is very concerning because i think the legal situation around this trial is a joke. i think most americans view it that way. and i understand some people disagree but looking forward, if trump now loses a close election and a lot of people attribute this and the drumbeat of convicted felon for five months to that you will have a ton of people losing even more faith in our system. si if trump wins despite being convicted felon he will have a ton of people on the other side worrying how can my fellow citizens do this? how can they elect a man who has been convicted? it was really bad for the country across the board and there will be a large swath of people who have -- have their faith shaken in the system further regardless of what happens and depending on the outcome. >> bret: last thing quickly. senior house gop aide to "politico" saying people just think it is all b.s. folks will listen to the polling but i think trump has a million warts. they are already baked in. janua