been going on one hour so far. the jury, six men and six women and they'll legally decide what happens with president biden's son, hunter. he is charged with three felony counts related to gun possession. yet another historic legal proceeding in full swing now. this time the half century of the biden family political power is looming over the entire trial. i'm harris faulkner and you are in "the faulkner focus." hunter arrived for day two just before 9:00 a.m. east coast time. trey gowdy with a take on the two high-profile trials in recent weeks. >> i think if it had been donald jones or donald trump or donald thomas we wouldn't have been in new york. if this were hunter jones and smith we would be talking about something else this morning. >> harris: friends and even famous family members were there by hunter's side during yesterday's jury selection and back again today. who among them? first lady jill biden. and hunter's half sister ashley. multi-millionaire hollywood attorney kevin morris. the nickname sugar brother. not exactly spelled that way. he has that nickname for bankrolling hunter in times of trouble to the tunes of millions of dollars. he said he didn't expect to be paid back. president biden is not attending but showed support with a statement quote, as the president, i don't and won't comment on pending federal cases but as a dad, i have boundless love for my son, confidence in him and respect for his strength. in "focus" now former acting attorney general matt whitaker. first to senior national correspondent rich edison. >> we heard from the prosecution and defense team is up. defense attorney for body is arguing hunter did buy a small handgun and scrutinizing the form that the prosecution said he lied on saying he wasn't a user of drug. he said the form asked if you are a user of drugs, not if you have ever been a user of drugs. the law prohibits someone actively a user of drugs. that's the back and forthright now. the prosecution emphasized hunter biden's drug use from the time he bought and possessed the firearm in 2018. prosecutors played an excerpt from his audio book where he discussed his drug use from that period pointing to text messages about his drug use one week before he bought that gun and showed images hunter took of crack on his phone. another strong showing from the first family, hunter arrived 30 minutes before the trial began. a few minutes later his sister and friend who bankrolled much of the defense pulled up and jill biden arrived for her second day in the courtroom. hunter faces three felonies in connection with the 2018 gun purchase. prosecutors accuse him of lying on the federal form that asked if he was a drug user and possessed that gun for a week and a half. prosecutors signaled they may call hunter's ex-wife and beau biden's widow in a relationship with hunter. she discovered the gun and threw it in a trash can. one juror was dismissed. we don't know the reason why and don't know if the juror was part of the 12 or the four alternates that have also been selected for this jury. harris. >> harris: all right, rich, thank you very much. matt whitaker former acting attorney general and legal surrogate to former president donald trump. great to see you. i want to start with what we've seen. we don't know why one juror was dismissed. sometimes it can be for a personal reason. we won't try to read the tea leaves. half are gun owners. what else do you know that you think is important. >> i think it's very interesting that a couple of these jurors also had substance abuse family members. that will obviously help them understand what may have been going on. remember, as someone who tried cases as a prosecutor and defense lawyers one of the things you tell the jury is they don't check their reason and common sense at the door. so, harris, they can bring those experiences of whether it's dealing with a family member with addiction, whether it's being a gun owner or otherwise, and understand maybe a little better the context. but at the same time they are sworn to focus only on the facts that are presented at trial and not bring anything from the public arena they might research on their own. >> harris: that's really interesting because i think that what we are learning, at least have in the last few weeks, is people come as people. >> yep. >> harris: all right. >> they do. >> harris: the son of a sitting president has never before faced a criminal trial. miranda devine writes joe biden's presence over the trial serves as a warning to political enemies and calls the power of the biden family undeniable. the same take even echoed by legacy media, nbc news writes it was impossible to escape the presence of the first family and history hovering over the courtroom. that's interesting. you can't get past it when the first lady walks in. i realize they are family. but she is a certain type of family member. she celebrated her birthday yesterday while in court with hunter. happy one to her. >> yeah. this is, i think, one of the biggest challenges in the contrast between what happened in new york city over the last several weeks and what is happening in delaware. this is very much a home court advantage for the biden family and having jill biden as the first lady walk into court and sit behind hunter sends a very clear message to that jury, who are again citizens of delaware. federal court in delaware and i think it's much different than what happened in new york city. a little bit of an away game. and obviously democrats have permeated the judge and jury box and a different sense of which field they're playing on. >> harris: the entitlement of being not just a citizen and not just a voting person in the state of democrat, that you can't get over the fact they are so well-known even before he gets into the white house. vice president, president. they are part of that community there in delaware. >> they are. but remember the reason we got here in the first place, harris, is because this judge noreika presiding over this case rejected the sweetheart plea deal the u.s. attorney's office was trying to slam through where he will get probation and misdemeanor for the gun and tax charges. now he is facing felonies in two different jurisdictions. i think obviously the more serious charges are the tax charges in california. but these gun possession charges and illegal purchase of a gun are also equally serious. >> harris: i want to remind everybody how we got here. i found it in the "washington post." i thought it was interesting. he was dating his brother's -- his late brother's ex-wife, hunter biden, and hallie biden awoke on an october morning after hunter biden had slept over for the night. while sleeping she dropped off the kids at school and returned to rummage through the truck he had parked outside. according to the "washington post" report, she was anxious as to what the admitted drug addict might be hiding. when she found a newly purchased colt cobra 38 handgun she was hit by a wave of anger and fear. i won't go on how she ended up at a dumpster to dispose of this. that's the journey that got us started on this one charge against him. you see the timeline of hunter biden's indictment there up on the screen. hallie biden, the second thing there takes the gun and tosses it in a trash can. she suspected because she was living with someone who was using illicit drugs, matt. she knew things were bad. so she went looking to see what she would find. how would that get into this case? what would that type of knowledge, those facts and they are facts, what would they do inside of a case like this? >> well, they are going to be mesmerizing for the jury. you will have beau biden's widow who was hunter biden's girlfriend at the time testified to all of this. and tell all the details, including how she discarded the gun and then you are probably going to have testimony about how that gun was then found in the trash by somebody that was digging through the trash. so you had all of that together and it is going to be a compelling story for this jury. and i would expect -- most of these facts to your point are uncontroverted. i don't know how abbe lowell is going to defend this because essentially the elements of the crime are simple. that's one of the things about this case. we won't be talking about jury instructions. this is a well worn path to justice in this case compared to new york city still debating what crime trump was convicted of. >> harris: the argument for hunter biden has been well he had just gotten out of rehab and he had been a drug user. this woman was so worried about it she went through the man's truck while he was sleeping. he clearly still had some issues with drugs. just according to hallie biden and her behavior. congressional republicans taking on the practice of law fare after former president trump's new york verdict. house judiciary chairman jim jordan proposed a new appropriations package that would defund federal prosecutors at the helm of recent politically charged investigations including special counsel jack smith, manhattan district attorney alvin bragg and fulton county district attorney fani willis. a new op-ed highlights the power of prosecutors. state and federal criminal cases or laws as limitless as the stars in the heavens, about the worst thing a prosecutor can do a prosecute people instead of crimes. when a prosecutor says, quote, vote for me, i'll find a way to get mr. x, end quote, he is abusing his power. who wants to live under such a regime? case in point, new york attorney general letitia james who brought that massive civil lawsuit against former president trump earlier this year. watch. >> i will never be afraid to challenge this illegitimate president when our fundamental rights are at stake. important everyone understand the days of donald trump are coming to an end. >> i look forward to going into the office of attorney general every day suing him, defending your rights, and then going home. >> harris: so what's so helpful about that you saw how far back those dates went. july of 2018. we know when the case was adjudicated. matt. >> this is the biggest concern about all of these cases. i applaud jim jordan. right now merrick garland is testifying before the select committee on weaponization. i watched some of the ridiculous answers that this current attorney general gave. we cannot target individuals and then try to assign crimes because that ends up with a complete system where the rule of law is no longer respected, where it doesn't matter what the law says. that there is no equal protection under the law and we'll devolve into chaos and anarchy in a matter of complete power plays as to who is politically powerful and who is politically unfavored. that's a real dystopian future the left wants. i hope congress can pass some of these laws to defund the clear weaponization of the department of justice. >> harris: dystopian and bah nano an republic-like. the case came years after she said those things about going after trump. matt whitaker, great to have you. we have a couple of things going on today legally. we appreciate you. thank you. progressive democrats ready with a boycott now and protests over israeli prime minister netanyahu's moves. upcoming congressional address is what is going to be next on his list. the democratic divide on display again. the headache for president biden continues. republican senators are holding back on biden's sudden action at the border. >> this is a conversion based on the proximity of the next election and sinking poll numbers and we think it deserves to be called out for what it is. >> it's a little late. >> harris: it wasn't too long ago the president said he did all he could, he didn't have the power to do more and then he said he would take executive action. then he said i don't know if i have the power. and now he is back. congressman mike 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- [announcer] call right now to receive your free no-obligation info kit. call the number on your screen. >> harris: we want to go outside of the hunter biden trial because our kerri urbahn is able to step out. they are on a quick break. she was just inside the courthouse now. kerri, first of all, this got started pretty quickly today. tell us -- catch us up, if you would. >> yeah. i got to say it is a lot clearer being here than it was sitting in the overflow room during the trump trial. the prosecution laid out a clear case, defense is presenting the evidence why they don't think the prosecution can prove it beyond a reasonable doubt. i thought it was interesting this is how the prosecution ended their opening argument saying this. addiction may not be a choice, but owning a gun while using drugs and lying about it is. and that was the theme they presented throughout their opening argument. this was a choice that hunter biden was a prolific drug user saying they have evidence and testimony from witnesses and his own words that indicate he was at times smoking crack every 15 to 20 minutes both before, during and after this period which he purchased the gun. they have a pretty devastating list of witnesses, harris, including his ex-wife and two ex-girlfriends. in addition to the salesperson that actually sold him the gun appeared watched him fill out that form. the defense, their argument is also pretty straight forward and they say that he abused alcohol during that time but not necessarily drugs. now i did think it was interesting that it turned out that hunter biden drove his father, joe biden's cadillac to a cell phone store across the street from the gun store before he chose to purchase that gun. i don't know that i had heard that or realized that before. he actually drove his father's car to get there when he bought that gun. another thing that the defense raised was that they say he lacks the intent to deceive. when he checked that box on the atf form saying he wasn't a drug user, it is because they say he was not using drugs during that time. despite the fact, though, that the prosecution says they have in their possession which we reported on before, a pouch that contained cocaine residue. that apparently hallie, beau's widow and hunter biden's ex-lover put the gun into before she put it in the garbage can because she was afraid hunter would use that gun to harm himself or others while using drugs. nothing surprising in the opening and closing arguments other than the black cadillac point. we know why we're here and we'll see how this goes. >> harris: the part about what he was doing and all of that and how it was a little bit of alcohol. that "washington post" piece i have been pointing to this hour that has hallie biden, who was dating hunter, his deceased brother's ex-wife, she detailed having to go through his things, rummage through his belongings because she was so concerned about the drug use and all the things that are described that he was going through. she did it in a flurry of frantic. they were going -- she was going through the truck trying to find whatever he might have hidden. didn't know it would be a gun. fascinating to fit this in. kerri, thank you for taking a moment as they took a break in the hunter biden trial. >> thank you. >> president biden: it's time for republicans in the congress to show a little courage, to show a little spine. i made it clear we need congress to make changes to fix what is a broken immigration system. >> harris: you do realize nothing has changed since he said he didn't have the power to do what he should do and that is put some of those policies that were in place when former president trump exited office. he flipped the switch, biden did. and this is what we got. a biden border crisis of epic proportions. none of that was true. he knew he had the power. he didn't have to wait on congress. you have know how we know? it is about to do something today. it may not be what everybody hopes it will be but he definitely has the power to fix what's going on. he is set to sign an executive order at 2:00 p.m. eastern. he says he wants to address the asylum processing at the border. the measure would shut down asylum requests daily. the daily average of them based on encounters hitting 2,500. it would not reopen until that number dips to 1,500. that means the order could go into effect immediately. of course, it's presidential action that he has always had. of course, the politics are hot right now so he has to do something. republican senators have this to say. >> president biden is in trouble politically. he gave in to the loon wing of his party and he dissolved the southern border. >> they have opened the front door and when the room gets too crowded they open the back door and it is a shell game. >> he could have stopped this every single day of his presidency. >> i talked to president trump this morning and he says this is a scam. >> this is too little, this is too late. the american public knows it is too late. this stunt won't save your political life. >> harris: several democrat mayors of border towns are set to join president biden at the white house for today's executive order signing. the mayor of eagle pass, texas, is not one of them. he says, this is a quote, did they invite me? no. i was outspoken against the white house when we were getting slammed with illegal immigration, end quote. the pictures continue to tell the story of the biden border crisis. fox cameras capturing remarkable video of a border patrol agent trying to control hundreds of illegal immigrants. this was last night, by the way. many can be seen taking pictures and selfies of their own at the border celebrating their illegal arrival. breaking our sovereignty laws. republican congressman mike waltz of florida, first of all, your quick thoughts on what biden is about to do. >> i think too little too late, harris. aptly describes what he is about to do and what he could have done years ago. but even with what he is about to do in this executive order, if you look at the thresholds he is talking about, i guess it's still okay at 2500 a day to allow nearly a million people across our border? that's okay? if we go above that now it's not? it is still a disaster. that'