good evening, welcome to washington. i'm bret baier. welcome to "special report." new york another major anti-israel protest on the campus of columbia university. mayor eric adams and the nypd chief are going to brief the media any time now. we will bring that to you live when it happens. but, first, new fox swing state polls, former president donald trump remains ahead or tied in four key battleground states as the presidential campaign heats up on the same day the jury in the former president's criminal trial is sworn in and officially seated. the latest fox polls out tonight show president biden trailing the presumptive republican nominee 45-51 in georgia. that is, however, a gain of 2 percentage points by the current president there from our latest polls. in michigan, it's 49-46 for the former president. a slight increase. the two men are still tied at 48% in pennsylvania and wisconsin in our latest polling. in a race including independent robert f. kennedy jr., former president trump leads by 7 in georgia, 2 in michigan, and 2 in pennsylvania. but president biden shifts to up 2 in wisconsin. the president has a higher percentage of unfavorables in three of the four swing states with wisconsin being tied. president biden campaigned today in pennsylvania. our survey shows just 14% of those responding say they are getting ahead financially. 41% are holding study and 44% are falling behind. correspondent bryan llenas starts us off tonight from philadelphia. good evening, bryan. brine brine bret, good evening. if president biden is going to win re-election he will most likely need to win pennsylvania. he just wrapped up 8 of the visit this year as brand new fox news polls give us new insight into whether or not ultimately a new incite into why he has visited this battleground state more than any other. >> that's right. the kennedy family endorses joe biden for president. >> today, six of robert f. kennedy jr.'s siblings took to the stage in the city of brotherly love to try to torpedo their brother's presidential campaign. >> president biden has been a champion for all the rights and freedoms that my father and uncle stood for. >> r.f.k. jr. writing about his family's revolt, quote: we are divided in our opinions but united in our love for each other. i hold this as a possibility for america, too. can we disagree without hating our opponents? the formal endorsement of biden by america's most famous democratic family comes six months after r.f.k. jr. launched his independent run for the white house in the largest battleground state in the country. pennsylvania. tonight, new fox news polling reinforces democrats' greatest fears that r.f.k. jr. could help former president trump beat biden. the new poll shows in a five-way race r.f.k. jr.'s 8% support would help trump beat biden in pennsylvania by 2 points. in a two-way race, the same poll shows biden and trump in a dead heat. underscoring pennsylvania's importance biden crisscrossed the state to rally voters this week touting the economy and attacking trump. >> donald trump's vision is one of anger, hate, revenge, and retribution. >> fox news polling shows biden's message resonates best with nonwhite voters, suburban women, voters under age 35 and white voters with degrees. former president trump outperforms biden by even wider margins in pennsylvania with white evangelicals. conservatives, white men with no degree, rural voters, and independents. the fact that the democrats right now are trying to shore up the democratic base for joe biden shows you that he is playing defense. today, r.f.k. jr. qualified to be on the ballot in the battleground state of michigan. he is now gained ballot access in nine states. tonight, the kennedy campaign says it's confident that r.f.k. jr. will be on the ballot in all 50 states. bret? >> bret: bryan, thank you. the evident to find a jury in the criminal trial of former president donald trump back on track tonight. as i mentioned the jury has been sworn in and seated. the process actually was going in reverse at one point. correspondent nate foy is outside the courthouse tonight with the latest. good evening, nate. na>> hey, bret. a roller coaster of a day ended with judge juan merchan saying we have our jury. 12 jurors as well as one alternate. five more alternates are needed. this all happened after two jurors were sent home in the morning session toted. the d.a.'s office found one of those jurors, a man, had been arrested for tearing down conservative political signs back in the 1990s. another juror felt she could not serve impartially after her friends and family suspected that she might be a jury. trump was again very critical of the trial while leaving the courthouse tonight. >> the whole world is watching this hoax. you got a d.a. that's out of control. you have a judge that's highly conflicted. >> the manhattan d.a.'s office accuses trump of violating the court's gag order. seven additional times. the d.a. is asking the court to hold trump in contempt for several social media posts, including one of them where trump shared a story calling his former lawyer michael cohen a serial purger. judge juan member chong will decide on any potential punishment for a gag order violation on tools of next week. a trump said tonight the whole trial is a sham, directed by president joe biden. he accused the department of justice of coordinating with the manhattan d.a.'s office. but, before his lawyers can make his case in court, again, we still need five more alternate jurors. the court will start with a pool of 22 prospective jurors for questioning tomorrow morning. if they can't agree on five more from that pool, several others have been sworn in and are ready to be questioned. so, if they can wrap up jury selection tomorrow, bret, opening statements could happen on monday. but, at the end of court today, judge member chong just let everybody know that court will end early on monday and tuesday of next week. it will end at 2:00 p.m. because of the passover holiday. columbia university anti-israeli protesters from a tent compound. dozens of students have been arrested. again, we are waiting on that press conference from the new york city mayor eric adams. correspondent c.b. cotton is on campus tonight with the latest. good evening, c.b. > [broken audio] >> bret: i think we have lost that shot. hold on. okay. we're going to come back to c.b. cotton as that shot -- as her live shot gets stabilized. again, we are waiting on the new york city mayor eric adams press conference that is expected. as you look live there with the new york city police chief. we will head back when we get that it is shaping up, meantime, to be a period of increased dissension and disarray on capitol hill. lawmakers are on deadline for a number of different tasks, including a new federal surveillance bill, and aid packages for israel, ukraine and taiwan. and there is a question of who will be leading the house through all of this is, as the speaker is holding on to his leadership by a thread. senior congressional correspondent chad pergram has details tonight. >> aid to ukraine -- and mike jon's speakership. >> is he serving ukraine first and america last. >> both dangling by a thread. >> marjorie taylor greene threatening to oust johnson if he helps ukraine and fails to address the border. >> matt gaetz engineered the ouster of former house speaker kevin mccarthy last fall. >> my hope was that the motion to vacate would be an elixir that only required one dose for effectiveness. but sometimes there are some therapies that require more than one dose. >> the tensions so high that one republican congresswoman implored leaders to send everyone home to cool off. >> no good decisions are going to be made right now when people have such hot tempers. >> the house expected to take individual votes this weekend on bills to aid ukraine, israel, and taiwan. then blend them into one package for the senate. >> the reason for that, frankly, is that i'm concerned israel may not -- may not pass through the senate right now if it's not included in the package. >> democrats are torn about supporting israel. >> i can't believe we need have conditions enforced on u.s. military assistance. those conditions are not presently in this bill. >> democrats are also divided on bailing out johnson. if conservatives try to topple the speaker. >> the republicans should help johnson. he has given them everything they want. >> we have to make sure that we don't see somebody who is trying to do the right thing get punished for that. >> the other issue before congress updating the foreign spying program known as fisa, the senate just started debate. fisa goes dark tomorrow at midnight unless the senate votes. bret? >> bret: we'll talk to democratic senator tim kaine in just a bit. chad pergram live on the hill. thanks. as mentioned correspondent c.b. cotton on. froze up a little bit before. good evening, c.b. >> good evening, bret. the arrests we saw earlier today certainly haven't deterred other protests from continuing at this hour. and the nypd is working overtime to keep things contained. at least 100 people were arrested on the campus of columbia university earlier this afternoon. university president shafik says she authorized officers to move in after students were warned multiple times that they would eventually be rounded up and detained. fox news has confirmed representative ilhan omar's daughter was among those who were detained and according to some reports, the congresswoman's daughter has been suspended along with others who participated in the encampment. those who are now suspended risk being unable to complete courses on time. students were detained with zip ties and then boarded on to correctional buses. officers were forced to carry some off the lawn. student organizers called on pro-palestinian supporters to join them off campus outside the campus' main gate where we saw the nypd detain several people this morning. we have tried to speak to some of the protesters but all have refused. jewish students tell us they're scared and intimidated on a regular basis. >> i have had more than enough and if i wasn't graduating in a month, i would undoubtedly transfer. the thought of having to be here for another month is already close to unbearable. and i not wanted to go to things like even my own graduation. just out of intimidation for the fact that i know that something like this, that happens at almost every ceremony will happen there. >> as you can see and hear behind me, bret, the protests are far from over. and the nypd continues to move more of its officers into this area. back to you. >> bret: c.b. cotton in new york. c.b., thanks. again, we are waiting and monitoring that press conference from the new york city mayor eric adams about what is coming next. and tap into that if we get it. on wall street today, stocks were mixed amid rising bond yield. the dow gained 22. the s&p 500 fell 11, the nasdaq was off 82. up next, the house stages a key vote regarding israel while the biden administration announces its next move against iran. ♪ switch to shopify so you can build it better, scale it faster and sell more. much more. take your business to the next stage when you switch to shopify. dupixent helps you du more with less asthma. and can help you breathe better in as little as two weeks. dupixent is an add-on treatment for specific types of moderate-to-severe asthma that's not for sudden breathing problems. dupixent can cause allergic reactions that can be severe. get help right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain, or a parasitic infection. don't change or stop asthma medicines, including steroids, without talking to your doctor. ask your specialist about dupixent. >> bret: breaking tonight as promised the news conference going on in new york. we just heard from new york city mayor briefly, eric adams. he said today there were more than 108 arrests at columbia university. the situation in the middle east has left many of us pained and angry that does not give you the right to harm others or put people in danger. now, this is a police commissioner, edward cabin. let's listen to him. >> these arrests were made without incident and we will now let the rest of the criminal justice system run its course. our executives also on the scene can provide further details if necessary. >> now i will take a couple of on topic questions. [[inaudible] question] >> out of the 108, some were trespass and two of them got trespass summonses as well as oji which is obstruction of governmental administration. yes, her daughter was arrested. she was also charged with trespass. she will be getting a summons. so it was a summons for a trespass and then two got the trespass as well as charge of obstruction of governmental administration. >> the two had the ojts had oats and no one is getting through. >> columbia requested the police and clear and present danger. beyond the trespassing, was there any other -- was there any weapon or any other kind of violence or it was behavior and that in addition, the mayor [inaudible] some people would say some sort of peaceful protest. i don't know when you want to discuss that. >> a peaceful protest is not in violation of city laws. or the violation of those who have property on private property such as columbia university. and when you violate specific laws, you are no longer protesting within the authority to do so. >> beyond that other than the trespassing obstructed governmental -- or words that mean any other kind of present danger? >> let's put on the record the clear and present danger is language used by columbia university. that wasn't our words. that was their words. >> thank you. >> to the mayor, seeing a little bit of rhetoric nypd went out there and able to control. there were some students [inaudible] question] >> it's very troubling. when you protesting for peace, you should not be using inflammatory comments like we saw. it was very vile. some of the comments that were made. and our institution, i believe, should have use this moment as a teaching moment but, what happened when our officers were surrounded and some of the terminologies that were used it is in really contrast to stated peaceful resolution offer expression of our concerns here. in city. using hateful terms that will use is not a reflection of standing up for what one believes they are fighting for. >> bret: mayor eric adams at this news conference, again, 1078 protesters arrested. including the daughter of congresswoman ilhan omar. was arrested for trespassing this was a request by the university president columbia university to nypd suggests that there was a clear and present danger that they were seeing there was not violence in these arrests. no injuries, 10 will saying that there was a lot of rhetoric used, violent rhetoric but no violence in those arrests. we'll continue to monitor all these protests around the country. there have been a lot of them in recent days. meantime, the house staged a vote today condemning iran following its attacks on israel last weekend. at the white house the biden administration is announcing new sanctions on the islamic republic of iran. correspondent griff jenkins is there tonight live from the north lawn. good evening, griff. >> griff: good evening, bret. administration says it's taking sweeping actions against iran's drone program, one of the country's largest steel producers and automobile companies with ties to the irgc. in a white house statement, president biden says this: let it be clear to all those who enable or support iran's attacks. the united states is committed to israel's security. we are committed to the security of our personnel and partners in the region and we will not hesitate to take all necessary action to hold you accountable. but it's unclear, bret, how sweeping these new sanctions will be. iran's oil industry, which is exporting more oil than at any time in the past six years and boosting its economy by $35 billion per year was not targeted. republicans continue to criticize biden over sanction waivers, some of which began under the previous administration. >> financial appeasement of iran has added fuel to the fire. his administration reissued a sanctions waiver and renewed it again last month. they gave iran access to more than $10 billion. >> griff: earlier today u.s. and security counterparts met virtually to discuss iran's planned rafah offensive in gaza. we're told the two sides agreed on the shared objective. and that the u.s. team led by jake sullivan expressed concerns over various courses of actions. and as you mentioned at the other end of pennsylvania. the house voting to formally condemn. one a republican thomas massie. bret? >> bret: griff jenkins live on the north lawn, up next, we'll talk to virginia democratic senator tim kaine about the work ahead for congress and those anti-israel protests across the nation, next. ♪ and my husband and i own the village bakery located in hayden, idaho. our mission is to employ people with different abilities. tiktok is allowing us to show what acceptance looks like on a day-to-day basis, here at the bakery. this is a community of just complete and utter love. it's the people that lift you up when you're down. people on tiktok do that on a daily basis, and i've never found a community like that, ever. it's better outside with ninja. cookouts are better with master grills that char, bbq, smoke and air fry. backyard bashes are better with pizza ovens that give you crispy crust. 700° high heat roasting, and bbq smoking. it's better outside with ninja. 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yeah it, will. >> bret: do you think it hurts the president politically? >> you know, bret, i'm not sure when senator sanders made that statement. i suspect he made it before the iranian attack on israel. they fired, you know, drones and missiles in the hundreds at israel. and the delicate challenge right now is a delicate one. we want to provide israel with the capacity to defend itself against those who would annihilate it and that's hamas. and that's hezbollah and that's iran and that's militias in iraq and syria. at the same time, we also want to do what we can to minimize civilian suffering. and that's why significant humanitarian aid for gaza as well. you also see that israel has reopened the border crossing. much more humanitarian aid has been coming into gaza. we have been pushing on that for months. the pace hasn't made us happy. it's picking up in the world food program under the leadership of cindy mccain noticed this yesterday. we are trying to find this balance. but i suspect what you will see is what you saw when the senate act on this bill in february. very strong support from the democratic side. and we were 48-3 for this bill in february. the republicans were 22-27. i would suspect we might get even more what do you make of all these protests around the country when you see these images they seem to be coordinated. i can't pin that down to where they are coordinated by or who. even protests outside your hotel. what do you think -- what do you think about it and how do you read it. >> bret, the way it's a heart breaking situation and people have really strong emotions about it. now what i don't like is when people take out their emotions you know against one another something happening thousands of miles away. particularly for anybody who has family in the region. i spent a lot of time talking to hostage families. and because obviously we have hostages who are americans. and one has a connection to richmond. they are heart broken. and then i know people who are palestinian that have family on the west bank or family in gaza that are not hamas members. and that are suffering. so i think when you have a situation that has this level of emotion to it, then there is going to be challenges and protests. i don't know about them being organized, but i just think it's a heart breaking situation and that's doing what we can to find a path toward deescalation. who would annihilate it. but also doing what we can minimize civilian suffering. >> senator kaine, we appreciate your time. always welcome back ton "special report." >> good to be with you. ♪ >> bret: breaking tonight, out of the united nations, the u.s. has vetoed a widely backed united nations resolution that would have paved the way for full membership state of palestine. the vote in the 15-member security council was 12 in favor. the u.s. opposed. there were two abstentions. this the second palestinian attempt to become a full member of the united nations. up next opposition to israel has cost two dozen google employees their job we will tell you how. as we head to break. almond brothers co-founder has died. legendary guitarist wrote the biggest hit. inducted into the rock and roll hall of fame in 1995. betts died at his home in florida after a year long battle with cancer. dickey betts was 80. ♪ trying to make a living ♪ and doing the best i cang ♪ and doing the best i cang ♪ then replenish at our world class spa. and when the sun goes down, enjoy an intimate country music concert. this summer, discover the west kept secret. book your all inclusive luxury experience at three forks ranch.com. ethan! how's my favorite client? 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[chanting google, google, you can't hide, we charge you with genocide. >> more than 2,000 google employees out of a job today terminated for their involvement in anti-israel sit-in protests at the company's offices in california and new york on tuesday. during the sit-ins which lasted 10 hours. employees occupied offices google's ties with israel specifically 1.2 google billion dollars cloud program nimbus provides computing and services to the military. protests first led to arrests and now some mass firings. in internal note obtained by "the new york post." google announced the firing of 28 staffers for taking part in the protests. saying, in part, quote: they took over office spaces, defaced our property, and physically impeded the work of other googlers. their behavior was unacceptable. extremely disruptive and made co-workers feel threatened. the protesters were associated with a group called no tech for apartheid. made up of google and amazon employees. they responded in part, quote: google is terrified of us. google is terrified of workers calling for accountability and transparency from our bosses. these mass illegal firings will not stop us. they only fuel the organic growth of this movement. >> and, bret, protesters and critics say that nimbus technology can be weaponized against palestinians in gaza. but, google denies that and says nimbus is not assisting israel with any weapons or intelligence services. we'll send it back to you. >> bret: bill, thank you. ♪ ♪ >> attorneys for the man accused of killing four university of idaho students say cell phone records can provide him with an alibi. the defense team for bryan kohberger maintains he was on a nighttime drive when the massacre took place. correspondent dan springer has the latest from kirkland, washington is. >> in the latest idaho court filing bryan kohberger said he could not be the campus killer because he was stargazer. his attorney writing mr. kohberger was out driving in the early morning hours novemben did to hike and run or see the moon and stars. he drove throughout the area south of pullman, washington and west of moscow, idaho. it's the back half of the route police say kohberger took he's returned to his apartment after brutally stabbing to death four students in their sleep and it's based on his phone pinging cell towers along the way. his alibi says there's no evidence kohberger's phone was near the scene at the time of the 4:00 a.m. murders. former detective and defense witness cy ray who has a true crime youtube show will testify on kohberger's behalf. prosecutors argue the reason is simple. kohberger just turned his phone off the two hours around the murders. what prosecutors do have is video of a car matching kohberger's leaving the murder scene and the same vehicle later back at washington state university where kohberger was getting his doctorate in criminology. according to police kohberger's car was hour near the scene hous before the call. defensing juries jurors to dismiss a knife she with his d.n.a. found next to one of the victims. >> if they feel you are trying to insult their intelligence, they're going to come down very hard on bryan kohberger. the evidence itself is overwhelming. >> no trial date has been set, but, in late june, kohberger's attorneys will argue for a change of venue saying that he can't get a fair trial in latah county. bret? >> bret: encouraging news from children suffering from certain types of cancer. scientists are evaluating more than 100 medications for treating difficult and recurring cases. correspondent jonathan serrie shows us from atlanta tonight. >> when you find out your child has cancer nothing else matters. >> diana jenner's 3-year-old son logan underwent three rounds of comchemotherapy and bonnie marrw transplant to see it relapse at the age of 5. >> when cancers return, doctors usually have a challenge in selecting treatments it's like entering this gigantic maize. >> researchers at florida international university believe they found a way to eliminate some of the trial and error in cancer treatment. combining d.n.a. analysis with extensive drug testing, the scientists say they are able to see within days how small samples of a patient's living cancer cells respond to numerous potential treatments. >> we tested over 120 fda approved drugs directly on the patient's cancer cells and we did that within a week. >> lab collaborated with logan's doctor to identify treatments that worked and eliminate those that did not. >> one of his medications is very toxic to the heart. and what our testing showed us was that the regimen without that medication works just as well with the tumor cells as it did with it. >> in a peer reviewed pediatric study only one in eight participants with auto advanced relapsed cancers saw improved health with standard treatment. of the six treatment receiving treatments by the fiu lab five improved including logan now 8 years old and cancer free for more than two years. >> i don't think my son would be here without this study although the small fiu study focused on children their method also works in adults. conducting ongoing human trials with cleveland clinic. bret? >> bret: jonathan serrie in atlanta. thanks. up next, the panel on the new fox polls of key battle ground states. where things stand on the campaign. later, the great one says goodbye, a little history lesson. ♪ ♪ everybody wants super straight, super white teeth. they want that hollywood white smile. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. there it is... that feeling you get when you can... du more with less asthma. it starts with dupixent. dupixent is not for sudden breathing problems. it's an add-on treatment for specific types of moderate-to-severe asthma. and can help improve lung function for better breathing in as little as two weeks. dupixent helps prevent asthma attacks... and can even reduce or eliminate oral steroids. can you picture it? dupixent can cause allergic reactions that can be severe. get help right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain, or a parasitic infection. don't change or stop asthma medicines, including steroids, without talking to your doctor. who knows what you can do when you du more with less asthma. ask your doctor about dupixent. the most prescribed biologic for asthma. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> donald trump's vision is one of anger, hate, revenge and retribution. he calls for another blood bath when he loses again. >> biden is the worst president in the history of our country. he has destroyed our country between the borders and everything else. >> the fact that the democrats right now are trying to shore up the democratic base for joe biden shows you that he is playing defense. president trump is playing offense. >> let's not forget joe biden won the presidency last time and he won pennsylvania and he won union households. >> bret: well, with the back and forth today, we have new fox polls in key swing states as we showed you earlier in the show. former president trump up in georgia. up in michigan, tied in pennsylvania. and wisconsin. still margin of error in michigan, but, up in georgia. if you look at adding r.f.k. jr. as an independent candidate to the mix, they do change a little bit. the numbers do. pennsylvania changes up to for trump and then wisconsin goes the other way for president biden. then, you look at the issues, voters trust president biden more on abortion but former president trump more on foreign policy, economy, and immigration. and you can see those numbers there. with that, we'll start there with our panel. leslie marshall, democratic strategist guy benson political editor at town hall.com, host of the guy benson show on fox news radio. and kimberley strassel member of the editorial board at the "wall street journal." you look at these numbers, essentially a tight race in the key state. has been a little movement but not much. >> when you compare our new fox numbers, bret, to the real clear politics average, it's basically no daylight. these are more of the same, sort of a continuity in the numbers. the one thick that's interesting to me when you break it out not just head-to-head but include r.f.k. jr. he announced with their campaign they apparently got access to the ballot in michigan which is significant. of course the kennedy family coming out in force to endorse biden today. that's an interesting subplot here. the conventional wisdom is that r.f.k.'s presence on the ticket or the ballot, rather, would benefit donald trump and hurt joe biden. that is true in two of the states in our poll, but in the other two it actually helps biden's margin a little bit. so, it's all within a point or two. but, that's an interesting note to keep an eye on. it's not quite as clean cut at least right now as a lot of people would suggest. >> yeah, that's right. and leslie, r.f.k. jr.'s sister carrie was on with that endorsement today. let's take a listen. >> nobody competes with president biden when it comes to carrying on the legacies of john kennedy and robert kennedy and ted kennedy. we love bobby and we like him. but that's not what this race is about. this race is donald trump is existential threat to our country and to our world. >> bret: r.f.k. jr. with the statement on the members of his family endorsing biden today saying i hear some of my family will be endorsing president biden today. i'm pleased they are politically active. it's a family tradition. we are divided in our opinions but united in our love for each other. i hold this as a possibility for america, too. can we disagree without hating our opponents? can we restore civility and respect to public discourse? i think we can. he definitely factors in now in fine states on the ballot, including michigan, which is key. leslie? >> you know, we have seen this historically, bret. not with the kennedy clan, but we saw -- we certainly saw it with ralph nader, right? at the beginning people were eye rolling don't take him seriously. when you break the numbers down in exit polling, obviously, if he wasn't there, a lot of people say al gore would have been our president instead of george bush. whenever you have a third party candidate that gains traction, it is still early in the game, believe it or not, still a lifetime away as much as it is just around the corner. you know, to guy's point, it benefits donald trump in some states, it benefits joe biden in other states. with respect to the 15 family members who endorsed president biden, i know people get mad when i say, this i don't put any weight in endorsements. i real will he just see that putting somebody over the finish line whether democrat or republican. no matter how big a name or last name those endorsements come from. >> meantime, kimberly, the jurors, 12 jurors have been selected and sworn in. seated. rioters says opening statements could take place monday in this case, the trump hush money case in new york. justice juan merchan the judge overseeing the trial earlier in the day judge dismissed a jury felt intimidated some personal information was made public. accused another juror prosecutors say he might not have disclosed brushes with the law. here is the former president on this process. >> supposed to be in new hampshire. i'm supposed to be in georgia. i'm supposed to be in north carolina and south carolina. i'm supposed to be a lot of different places campaigning. but i have been here all day on a trial that really is a very unfair trial. we got a crooked president. he should be on trial with all the stuff he's done and his family. >> bret: and prosecutors, kimberley, say that the former president has violated the gag order seven more times. what do you make of this, how it effects him politically? >> yeah. i think you can tie it back to those fox news polls you put' up, bret. a couple of those done in january and february. the thing that struck me nothing has really changed in the numbers very much. that's striking not just because joe biden is now out actively campaigning and it doesn't seem to be making a difference but because, remember, the whole goal of the left was all of these prosecutions against donald trump was to tar him and tarnish him in the eyes of voters. and try to pull away votes from him. this trial is now ongoing. and what we're seeing from the media fascination with it this week is it's keeping him very much in the news. he was complaining there he couldn't go out and campaign, but he is getting plenty of headlines, it certainly does not seem to be hurting him among the people that he needs to come out and vote for him. that could change depending on whether or not there is a conviction. but, right now, this is not working for democrats the way that they had hoped it would. >> bret: guy, it's interesting that there is a lot of talk about threat to democracy. we talked many times about former administration officials from the trump administration that have a problem with the former president, either have said they are not going to vote for him, his vice president said that others have talked about that. but it seems now that some of them are coming home. here's bill barr today. >> given two bad choices i think it's my duty to pick the person i think would do the least harm to the country and in my mind i will vote the republican ticket. the real danger to democracy, as i say, is the progressive agenda. and while trump -- and i said trump may be playing russian roulette, but continuation of the biden administration is national suicide. >> bret: and we'll see if there are more, guy. but that's an interesting statement from bill barr. >> yeah and our colleague here marc thiessen a speech writer for president george w. bush he made a similar case on my radio show yesterday if you look at threat to institutions and democracy, the greater threat is on the left. he makes the case that if you look at the way they go after the supreme court. the filibuster and other things that they have in their sights that, would do a lot more damage and the big difference being when trump offers different affronts to the system, he is resisted aggressively often by the media and other institutions. when the left is attacking the system, often they have cheerleaders in the press corps. that's one difference that i think a lot of right leaning people internalize. >> bret: last word here. i only have 30 seconds, leslie. sometimes do you think that by going overboard in the anti-trump push, that it brings people home on the other side? >> yeah. definitely it, you know, sparks a flame to those supporters and those who feel that he is being victimize and attacked by democrats. but i would just say to my buddy mark and bill barr, sorry the posts don't agree with you, the majority of people trust joe biden when it comes to preserving democracy over donald trump. >> bret: okay. panel, thanks a lot. ♪ ♪ >> bret: finally tonight, today's throwback. you know, it was a quarter century ago today that the great one, took the ice for the last time. gretzky widely known as the greatest hockey player of all of times holds or shares 61 nhl records including most goals with 894, most points with 2857. gretzky entered the league in 197 # with the edmonton oilers where he would win four stanley cups after plague with the los angeles kings. gretzky's storied career came to an end on this date 1989 with the new york rangers. we have a lot of hockey fans and now the playoffs. it will be fun. tomorrow on "special report." the diamond and silk bill is moving forward despite heavy lobbying. we will bring you that remember if you can't catch us live set your dfr. thanks for inviting us into your home tonight. that's "special report" fair balanced and still unafraid. 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