horseracing. thank you. afternoon. i'm trace gallagher in for martha maccallum and this is the story. south carolina senators tim scott a potential ep candidate is here live has former president trump whittles down his list and announces when he's revealing his pickton clay travis and hillary clinton equating the day with the 2024 election. but first hunter biden may take a stand in his gun trial following an emotional day in court. his daughter naomi testifying she never saw her father do drugs when asked if she knows what that would look like, she answered i guess not. we are told the first lady who again sat in the courtroom appeared upset after naomi's testimony. president biden saying this about his son's legal battle. watch. >> will you accept the jury's outcome, the verdict the matter what is? >> yes. >> have you ruled out a pardon for your son? >> justice correspondent live outside the courthouse in wilmington delaware. david good afternoon. >> good afternoon. jurors sent home for the weekend a couple of hours early. the judge has to go over some paperwork and check out some things relating to evidence. hunter biden's attorney said he has a big decision to make whether or not he will put his client the son of the sitting president united states on the stand in a for both hunter biden and his daughter naomi biden when she took the stand. she was the final witness of the defence before breaking for the weekend. she walked in confidently into e courthouse earlier. that's relieving after that testimony. she's named for hunter's sister who died as an infant in the car crash in delaware in 1972 along with hunter's mother. naomi biden hunter's eldest daughter painted a picture of clear minded hopeful hunter biden when she saw him late summer 2018 weeks just before he allegedly lied on federal gun form in october 2018. she was uncomfortable on stand and answered in a soft voice. she sensors well aware her dad was addicted to drugs and told jurors things got bag after my uncle died. she recalls try to see her dad in new york in october 2018. she did see him later that month and she said he seemed hopeful. first lady joe biden flu in yesterday from paris from france. she had d-day events only to turn back around tonight to go to france for state dinner tomorrow with her husband. abbe lowell today focused heavily on a gun form. the formerly that's at the centre of the prosecution's case arguing different items on this form or placed on the form at different times really questioning the overall form but the bottom line is if hunter biden does take this case on monday we expect to be heavy questioning from the cross-examination and it's really a risk to put them on the stand. the matter is whether or not they decide to do that. and that decision will come likely by sunday and will often end up monday morning. >> david live outside the courthouse. thank you live. >> criminal defence attorney for great to have you on. you've got to agree with david it's risky to put him up on the stand hunter biden. you agree? >> 100%. i'm country rap my mind around what could hunter biden possibly say that would save him because right now this case is so strong for the prosecution they really have him dead to rights. what could he possibly say? you know he will be asked did you check the box and said you are not an addict? what does he say? if he says yes no talk about why did you do that, what was going on in your head. if he says no we have a whole different wall of wax to contend with. nothing is gone to help them. were not now the defence is relying heavily on the sympathy card not any favourable facts. >> you can lose a lot of sympathy if you put hunter biden on stand. he goes before the jury and starts fitting and lying. with a laptop with a ask questions of the laptop and the genesis of the laptop? >> reporter: of course they would. anything will be fair game for the prosecution to delve into and they would get to cross-examine him. and i get this is providence journal jury, pro joe town and it's not lost on anybody trust me that you got joe biden by the way climate change, green beer let's just across to europe to sit in his tried to remind the jury whose town they are in. that's a whole other situation. they're going through a lie on a jury is not going to want to convict because they feel sorry or they are fans of joe biden are both. that's not what injuries should do. that's jury nullification but i believe that's what the defence is really angling for. >> trace: i know the defence will start the case next week what's the big strategy do you think for the defence going forward? >> sympathy. the defence should call it quits should sit down with the jury do it's going to do. the defence was trying to carve at this moment in time this hairsplitting defence that maybe it was an addict monday but tuesday he wasn't. that's when he applied. wednesday he is an addict. you can find him guilty. that doesn't work that way. that's not the definitional what the jury instructions will allow. i really don't think abbe will has any more tricks up his sleeve. he he sent sit down shut up and let the jury do it is untrue. >> jonathan turley had this op-ed in fox news.com. laptop deniers just conspired to make hunter biden's disappear. now he goes on toward the new york post and reporters like miranda devine have received no recognition for their work in disclosing the contents and defying attacks from politicians and media alike while reporters were given a pulitzer for reporting the debunked rush inclusion story divine and others will never receive a pulitzer for uncovering the true story behind laptop. the case there'll be no consequences for deceptive going forward. it looks like there won't be. but it is exhibit 1 in his trial. >> it is in might silently behind the scenes getting some people vindication but if hunter biden thinks he's going to take the stand it's only going to make that laptop more front and centre because he will be asked questions about it. that's why i say he should take his lumps. this is such an easy case to prove to the prosecution they could've at the junior most associate handling this case and the defence needs to sit down, take the lumps because hunter is guilty. >> we've got to go. do you really think you'll take the stand religious flooding this? is this a big float for friday afternoon and get some people talking on the weekend? >> friday afternoon float you made me hungry. that's what i think it is. they're me crazy to put him on the stand. i don't see how he will help himself so people talk about all we can become idea think the defence will rest and then we can go to jury instructions and they are not going to favour hunter biden. >> trace: exact the odds are stacked against them. jonna spilbor great to see you as always thank you. senator tim scott 1 of a handful of republicans on the shortlist to be trump's vp. on his new initiative to help the former present reach minority voters. it may be due to a buildup of amyloid plaques in the brain. visit morethannormalaging.com sup? -who are you? i'm your inner child. get in. ♪ ♪ [ engine revving ] listen. horsepower keeps you going, but torque gets you going. ♪ ♪ [ engine revving ] oh now we're torquin'! the dodge hornet r/t. the totally torqued-out crossover. every day, more dog people are deciding it's time for a fresh approach to pet food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. oh, why leaffilter? 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[ ♪♪ ] >> were you in the process of picking a vice president? you're getting close. >> yeah, but i think i will announce to the persons country during the convention. >> we are weak so from donald trump's big reveal. all of these republicans reportedly in contention to be vice president. the former president tops president biden in 3 key battleground states arizona, florida and nevada, new fox polling conducted after his guilty verdict in new york joe biden wee 2 of the states arizona and nevada back in 2020. let's bring some carolina senator tim scott who is among those on trump's rumoured shortlist. senator it's great to have you on the show. another dear launching this outreach effort to minority voters. but you've got to be bolstered by the fact that so many young black and hispanic voters are already moving towards former president trump. >> without any question trump is putting together a new coalition of working-class voters. they are multiracial working-class voters. it doesn't matter whether you are black or white hispanic asian or native american, the 1 thing you must have his the opportunity to succeed financially. and under president trump we have the low some employment rates for african-americans pack hispanics, asians. 70 year low for women. 50 year low for the majority population. president trump doesn't care if you are a union worker or non. if you work in america he wants to make sure the future is very, very bright. the alternative of course is joe biden. joe biden is devastated decimated our economy and the hopes of working-class americans across the board. it is time for 4 more years of donald trump khafre for more years of low inflation low unemployment and high enthusiasm that's good news for the working-class. >> but you can see the left is starting to see the movement of minority voters because they are starting to go after can going after you, they're going after the black republicans. justice correspondent for the nation was on msnbc saying black republicans exist because they are grifters. listen to him. >> that's why donald exists. that's wakanda stone exists because the graft is good. there's a lot of money and telling white folks what they need to hear. what do you say about that, senator. >> hear me clearly. they are shaking in their boots. what you hear is fear. is palpable, because about the black wrote there is no democrat party. president trump is not playing racial politics but he is aware that america does a better future together. he is aware that making sure that all americans have a chance to live their version of the american dream, it's good for our country, so absolutely they're losing their minds because they are losing their voters. it's good news for our future and it's great news for now. we must win because that's listen. september and october the democrats are going to pull it all stops. they're going to do things including lying and cheating without any question. the coalition will stand the test of time because we have a record to run on. it's not promises of the future. it's a fact that we brought more money to black colleges than any other president. it's a fact that we cut taxes for single parent 70%. it's good news we have a record to run on and it's time we did that. >> trace: you say the democrats are running scared and i find this fascinating. we talked about the battleground states and how they are doing well in places that joe biden wee in 2020 but it's interesting because virginia is not considered a battleground state and yet look at the polls. joe biden won this by 10 points back in 2020 and now according to foxnews polling it is deadlocked at 48-48. that's a big sign. your thoughts? >> yes. significance on. we are seeing the same signing all the states, all the battleground states the same kind of movement towards republican party. president trump is making sure the american people know that he's going to to take a bullet for them, so to speak. he said very clearly 1 of the most patriotic things i've heard taxes on the president said i would rather be me then you. that's the kind of leadership we can get behind. he's talking but of course the two-tier digestive system or joe biden has weaponized and targeted his political opponent by weaponize in the justice system. we need a president who is willing to lay down on behalf of the american people, and donald trump is that person. >> in my show fox news at night we ran a poll. we had the vp candidates up there. the vp favourites, and i said that you are the natural. and it was going to be you. in my wrong? >> i don't know that it's about the who. it's about the what. there's no question that i am so excited to live in a country where my story is possible. a kid growing up in poverty in the deep south the single mom working 16 our days. for america to continue to evolve where i'm evening consideration is a blessing but listen to me clearly. the greatest threat to the continuation of the american story is joe biden. he's the greatest threat to american democracy. we must fire joe biden and higher donald trump. poor kids today need to believe that all things are possible and unfortunately today we are seeing violence in the streets. we are seeing 10 million illegal immigrants across our borders. we are seeing political opponents targeted. it's discussing to see what's happened under joe biden. >> i'm sticking with my pick. i think i'm right and we'll find out here in the next month or so it's way too heavy on the show is always. best of luck in thank you. >> god bless. >> trace: president biden and former president trump trade fresh jabs over the border crisis weeks before a showdown on the debate stage. general caldwell clay travis, leslie marshall and philip reiners all straight ahead. >> afternoon he 4 years of this failed week leadership, prophetic leadership croker joe biden is finally doing something about the border but in fact it's all about show because he knows we have a debate coming up in 3 weeks. the truth is joe biden's executive order won't stop the invasion. is weekend pathetic. or suicidal thoughts right away. anti-depressants may increase these risks in young adults. elderly dementia patients have increased risk of death or stroke. caplyta is not approved for dementia-related psychosis. report fever, confusion, or stiff muscles, which may be life threatening, or uncontrolled muscle movements which may be permanent. common side effects include sleepiness, dizziness, nausea, and dry mouth. these aren't all the side effects. in the darkness of bipolar i & ii depression, caplyta can help you let in the lyte. ask your doctor about caplyta. find savings and support at caplyta.com. 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(mom) my turn. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. >> fox cameras capturing a group of chinese and colombian migrants crossing into california days after president biden's executive order aimed at gaining control of the migrant crisis. that issue at the centre of fresh jabs between joe biden and his predecessor less than 3 weeks out from their first debate. >> you bring up your opponent donald trump. he said of your executive action he's pretending to finally do something about the border but it's all about show. he says we have a debate coming up. joe biden's executive order is weak and pathetic. >> is he describing himself? weekend pathetic 3 come on spee equestrian fox news political analyst caldwell and democrat strategist leslie marshall both fox news contractors. thank you both for coming on. look at the president in these interviews and tea still acts like he had nothing to do with his border crisis. it's 1 of those things where he looks at these executive orders like this is a fix i had nothing to do with the 8 to 10 million that crossed that he signed dozens of executive orders breaking down dismantling everything the former president did. and it's up to congress to fix it. >> we went from 1 of the safest borders in us history to 1 of the most poorest. 1 many folks from across the world are pouring into in places we never would have been dissipated and as i listened to the president who donald trump large a legitimate concern about his border policy calling weekend pathetic like as he weekend pathetic, what are we going to your mama jokes next. i don't understand this president seemingly doesn't take an issue that so concerning for many of american people especially places like chicago we have migrant crime up. you have individuals who want to resources for years within the african american community that have been usurped and given to another group of people who never paid taxes in this country. this is over the top joe biden is doing and what is meant to will not help in stem the flow of illegal immigration. >> trace: the joke thing really is kind of like same to you and more of it. it's 1 of the things that doesn't really resonate. it's interesting because after joe biden's executive order been in place for most 3 days now and jim bill melugin saying thanks are getting worse. i want to put up the fox power ranking because you look at the numbers and look at the border. nobody is fooled. you see trump is up by 18 points on border issues over joe biden and it's not because people do not think he's got something to do with it. >> i have said arizona is a state of most worried about is a democrat that went red to blue-and-white michael back to read. simply because immigration even though abortion is second in that state among voters across the board. but i find it interesting the former president uses the words weak and pathetic. if you go back to 2018 the former president himself to the very similar thing the president biden is doing with the executive order and what he did is attempted to band the asylum entry. he didn't have numerical limits on what happened. the courts shut it down and the reason is both former president trump and current president biden are looking at the ina and saying we are citing section 212208 protects people unserer on us soil. we have the refugee act of 1980. the reality is whether democrat or republican you need congress. whether there democrat or republican majority in the house and/or senate. >> you don't need congress you need security. >> you need a wall and you need border patrol agents to secure the border. all the legislation on the planet. i started my career on the border. gum illusion is down there every day and we can both tell you that you need security. you need enforcement. you need boundaries to be able to stop the flow of illegal immigrants not legislation. >> so i've got to tell you for those who been saying that this policy that joe biden joe biden put forth is going to actually have some bona fides at the end of the day doesn't seem clearly to be the case when you have migrants coming over saying joe biden invited us over. we're here thanks to joe biden. when trump was in office people are afraid to come over because they didn't know what would happen under the presidency. we need congress t