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our families safer, and our planet cleaner. to help us get there, america's plastic makers are investing billions of dollars to create innovative products and new recycling technologies for sustainable change. because when you push for smarter solutions, big things can happen. >> john: live look a new york city reformer president trump will soon head back to court for his criminal trial. his former aide hope hicks returned to the witness stand. welcome back to our two of america reports i'm john roberts in washington a big friday. >> sandra: yeah sending lots of news i am sandra smith, hicks is the prosecution's ninth's witness and of the former president's closest aides and was press secretary during the campaign.

reporting that she was visibly nervous and even said to so when she began the testimony. and set it out loud at o one point. >> john: the prosecution question hicks about david pecker and peppered with stories that were published in the final days of the campaign. nate foy is live outside the new york state supreme court what can we expect when court gets underway in a few minutes? >> john, hicks testimony is said to go on under examination but t donald trump posted on true social saying a lot of that presented today have nothing to do in his opinion with the actual case that has to do with his recording of the expenses and the payout to stormy daniels but regarding hit's testimony that is said to be resuming in court at 2:15 p.m. now prosecutor michael angelo asked

her as you mentioned about her learning of the karen mcdougal story and the release of the "access hollywood" tape. hicks testified she tried blocking the publication of an article detailing how american media purchased the mcdougall story but did not publish it. hicks testified she remembered seeing pecker at trump tower prior to the 2016 election but she did not recall participating in a meeting. hicks also testified when the "access hollywood" tape went public she personally brought the news to trump. she described him as being very upset. he told her at the time it didn't seem like something he would say. then asked hicks about the blowback and criticism from top republicans of the family paul ryan and mitt romney. two in place with the d.a.'s office testified about the validity of trump's social media post as well as data extracted from michael cohen's cell phone. trump's lawyers pushed back on how strong that evidence is. several acts though mike epps on the cell phone make it difficult to retrieve certain messages,

trump's lawyer had an issue with the collection process of cohen's bones. they said some level of trust will be needed in cohen for certain information on his phone and trump's lawyers argue that trump is a proven liar stomach a proven liar and not a good witness. court will end early today. >> john: nate, thank you. center? >> sandra: watching the white house press briefing on college campus though mike epps is lifeless and her. >> police presence on college and universities that is something that universities and colleges have to make a decision on. that is something that they decide what is right to have and to move forward on their campuses and colleges. we understand. we understand how painful this moment is. you have heard me say it it is an incredibly charged time. it is a charged environment.

it is very difficult. because of the charged environment for our law enforcement we also believe it is very important that all americans can peacefully protest within the law. they have to be able to do that. you heard from the president, it is part of our fundamental american principles. part of what makes america's freedom freedom to protest previously in this country and it's also important which is the second part the president talked about yesterday is the rule of law we have to follow the rule of law. violence is not protected here. americans have the right to peacefully protest within the law and we will be very consistent here. as i said, these are incredibly painful times. it is very charged moment. we understand how difficult that can be. so i will leave it there. is that your three topics? okay. great. >> so you say you have not seen

a conference of plan for rough but i have heard the u.s. has been briefed on an initial plans or can you tell us what the reaction was to israeli counterparts about that? >> i'll be super mindful these conversations are diplomatic conversations. >> sandra: we will keep monitoring the white house press briefing. this is obviously key for us to watch any further action the white house might take against the growing demonstrations to happening on college campuses all over the country. john? >> john: to that end let's bring a georgia republican governor brian kemp. we want to ask you about the police response at emory university and the university of georgia to this because particularly at emory that is some controversy and karine jean-pierre was talking about that. some other news broke today which is the department of justice has emory university in its crosshairs or possible civil rights violations against muslim americans. a lot of america is asking where

is the civil rights investigation into what has been going on regarding jewish students? >> i mean, it's just insane, john, thank you for having me on. it's typical of the biden administration, the spokesperson just talk for close to 2 minutes about this issue and i have no idea where they stand. the president when he should have said something and stood strong two weeks ago just did it last night. that is the problem with the administration. you don't have clarity. nobody knows where they stand and to have the justice apartment opening investigation, what they should have been doing over a week ago wasn't doing like us, standing with the president to keep the campus secure. to keep all students safe and to go after people who were trespassing and violating the law as well as damaging the campus. >> sandra: governor, thank you for coming on the program. i think many of us were thinking the same thing when we listened to the briefing there a moment ago.

i am looking back in there, i am sure again soon peter doocy is in the room. he will ask questions about this as well. but, they continue to say rule of law, freedom of speech, but when those are taken away, when a jewish student cannot walk on their campus, when a jewish student can't feel safe or not be spit on or anti-semitic rhetoric hurled at them, what are they announcing as far as action? we have heard nothing on that front. >> and look what if the situation were reversed? what if the jewish students had taken over public spaces and set up tents and compounds? would the reaction from the biden administration and of these college presidents have been the same? i mean, i am like you all. look, we have the first amendment back during civil unrest after george floyd and that we saw firsthand in georgia we had 3,000 people protesting in the city of atlanta.

but we set rules and when people violated those they got locked up and went to jail. we were not going to allow people to disrupt other citizens in our state, disrupt people going to their jobs or getting their kids home from school or anything like that and we are not going to do that on our college campuses as well. i will tell you, i think people are really fed up. is been a lack of leadership in the white house like most of the things, the president waited i guess until a polling day to back before he made a strong statement. but they continue to be in the middle-of-the-road on this and when you do that you usually get run over. what the american people want and what people in georgia want is a strong leaders that will take a stand and do the right thing when people are breaking the law. i saw of any of the other day, guys, i mean one of these agitators spit in the face of an atlanta police officer. it's a miracle that officer did not lose his cool but they didn't.

they just locked that person up. that's the kind of thing we are dealing with with these agitators. they are influencing a lot of kids on campus and we will not put up with it on the state of georgia. like i said the other day we won't allow our state to become the next columbia university or ucla. >> quick carol tell my clarification year's department of education of the department of justice that has opened the civil rights investigation into emily. i want to make that clear but it is still the same. they are being investigated for that but not for -- they are being investigated for that but not what is going on with jewish students nor any other college campuses. >> you would hope, john, the department amended, education would open an investigation to kids who cannot get to their exams because these radicals are disrupting campuses versus looking at college presidents trying to keep their campus safe and finish on a strong note. >> john: but i wanted to make a point on police intervention on emory university it is coming to criticism they were looked at

using pepper balls, pepper spray, but one of the protesters arrested was a convicted felon who crossed state lines to come to the campus and apparently had weapons in his car. so when the police go into these situations, they really don't know who is there. speak i think it's important for people to notice that the georgia state patrol was there because we were asked by the university to help. the atlanta police department was asked to come in by the university and the university of police to have enough resources to make sure this thing did not get out of control like we have seen it do another places. there were orders to disperse. there was clear direction given to these people that they were violating policy that they were trespassing. they had the opportunity to leave. that is not with these people wanted, guys. these are the same people that protested the atlanta police training center and involved in these different groups and i'm

not accusing these people of burning construction equipment, but these are the same people who have been protesting these events. many of them i am sure are funded from out-of-state actors. they are embedding themselves with students on campuses and trying to jam this. if there there was any leslie foul shot, any smoke dispersed or tear gas at dispersed it would have been because these individuals did not heed the warnings and started to push back when law enforcement went in to make arrests. that is standard procedure. i will stand behind them all day long as they do that. we will go after anyone who is assaulting police officers or spitting in their face as we saw the other day. >> sandra: governor we got a tweet from the new york police department here on some of the things left behind when they are clearing out these encampments. students leave behind books on terrorism. a lot of the writings on their work is "death to israel" "death

to america" finding knives, hammers, setting out pictures of what they are finding in these encampments quite disturbing. governor, thank you for your time. >> thank you. >> good to see you again. >> day 11 of former president donald trump's trial, he is said to be back inside that court room moment now. since it resumes at 215, what we normally see is right between 2: 11 and 2:40 the former president walks back into the court room. it looks like there is some activity there with the doors opening, trying to catch it as we head to a break but star witness a former trump white house aide hope hicks also this campaign manager of 2016, she is on the stand today. some key takeaways from our panel. jim trusty former trump attorney and entergy caskey former prep federal prosecutor will join us we will keep watching that life shot after the break.

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>> sandra: fox news alert we saw the former president and his legal team walked through and reenter the court room so that was just court has officially resumed. let's bring in our legal panel, former prosecutor and criminal defense attorney think you both. jim to you first we know hope hicks is still on the stand. how do you expect afternoon to go? >> i think gently.

this is getting less and less recognizable as a criminal trial. trial. i point to a couple of things from her direct testimony so far they are asking her questions like how do different political figures react to the incriminating tape for mr. trump and how is that admissible and how does that matter? it's kind of underscoring to me that we are talking about this crazy crime of putting legal services on your ledger but not saying go services for an nda. in short i don't think she is a star witness. i think she is doing her best talking about all sorts of things that are hopeful to the government when it comes to the timing. but she's not establishing anything by a long shot and i think all roads are back to michael cohen is the guy who has to deliver the goods for the prosecution. >> john: i got the same thing, jim, why does it matter what other people think about that tape? it's only whether or not there was some sort of reaction and here is the thing, andrew. at that tape was from 2005.

what possible bearing does it have on 2016? >> i think if the testimony of hope hicks doesn't show any moment of guilt the prosecution's case is in big trouble here. they are now going through with hope hicks the day by day as to what is going on the "access hollywood" tape et cetera. she is his right-hand man. she has a ton of access. it would stand to reason with him doing it here there may be some idea of criminology here. we have to prove them later written checks they say were fraudulent are trying to conceal some sort of crime so i imagine they are trying to point to that october /november time frame. the idea that the "access hollywood" tape somehow created so much fear in donald trump and the rest of the campaign's mind that there is some criminal misconduct so hope hicks hasn't done anything like

that so far she is just an observer to the overall idea that donald trump wants his reputation manage and control over the campaign that is not a crime. so unless they get criminal -- evidence of criminal activity i think they're both in big trouble. >> sandra: so hope hicks and the jury is brought back and so there is a lot of time on that "access hollywood" tape, judge has said repeatedly now at the request of the prosecution to air that tape the judge has told them it is not fair and they cannot play it but it seems they're doing everything they can to make it as present as possible in that room. >> they are wallowing in the tawdry. i think their hope is if we put enough slime out there in terms of very distasteful things and obviously ndas in general come off as distasteful especially with sex based scandals. at some point you have to see

may be the jury wonders why are we here? are we here for a felony crime or just for character assassination and as rules seem to be in flux maybe it is the statute of limitations to get really creative when it comes to allowing this case to keep chugging along with criminal allegations are criminal clarity in all types of mundane scandal. >> john: it's not like they tried to pay anybody to keep this tape suppressed or anything like that. maybe the prosecution is trying to laid on the idea that trump was so freaked out about the hollowed access tape and anything else that came along he was willing to go whatever mile it took to keep it squashed. but there was this taped conversation between michael cohen and donald trump when they talked about the potential to pay david pecker back for that karen mcdougal,

buying the karen mcdougal story which hope hicks said pecker described as a typical legit business deal for some magazine covers and articles, things like that. but pecker was never paid back. so no sense of establishing by the prosecution that there is nothing saying that he did anything wrong. >> to start with your point on the "access hollywood" tape that was not part of the overall catch and kill opportunity ami did not catch that. it it came out and like many other negative stories about donald trump some stories have. only some actually were part of the catch and kill type of scenario and it also shows with the catch and kill that the dollar amounts were very low. donald trump is a person of incredible wealth so if his idea was to catch and kill these stories you think you would pay more but that makes the point

it's david packer and michael cohen are the ones endeavoring to run these deals. donald trump essentially saying fine, that is great if my friend at ami, my attorney, my fixer can take care of this send me the bill later on and i will take care of it. and we see some ambivalence in donald trump in the course of the months following through with payment on karen mcdougal and we heard audio recording yesterday between donald trump where it seems to be him leaving the drive and lines how to handle the situation as opposed to donald trump being the mastermind behind this which is the prosecution's claiming. >> sandra: jim mattis been interesting to see the former president outside of the courtroom seizing more opportunity to campaign. his big frustration that he is sitting in the room and not campaigning out there. more and more we have been seeing him out there. obviously more questions with the gag order and the impact that would have.

the president does have the ability to campaign in the fire department with the construction workers it seems he is doing more of that outside the courtroom when he has time. >> i think it is a sanity break for him as much of anything else. to have an opportunity to meet and mingle with some of new york's finest and the hardworking folks in new york relate to him is a great moment from a great refresher each day. it is not a full campaign but he is getting out and pressing a little bit. >> john: jim, i wanted to ask you this question because you use to talk about the former president. when it comes to the gag order what would you recommend he do about that? >> look, we are in this impossible situation where you have a guy running for president being subjected to something already constitutionally suspect. for anybody, you don't typically gag a defendant in a criminal trial. so there is this bizarre

momentum across court houses to just take what happened in front of another judge and say look at this, we will have to gag them on that. so you say look, tread carefully. there is the possibility of incarceration believe it or not for contempt. although i don't think this judge is showing an interest in pursuing that. you have to tread carefully project also recognize anything with the jury is a real issue. every day they are sequestered in being told don't pay attention to any media. i don't know if they are religious about that, but the reality is there is no basis for a gag order during the trial because you are not affecting the jury in any way, shape, or form. so this is just a control issue, an ego issue coming out of the courthouse at this point rather than something with a tangible effect. >> sandra: a moment ago the president took to his truth social account after he did that a few moments before calling it not a trial but a political

campaign a witch hunt. he just sent out this. the tape played yesterday and discussed today, while good for my case, was cut off at the end and early stages of something very positive i was in the midst of saying. why was it cut off he ends with three question marks, andrew. >> i don't know the details of why it was cut off or if there is more recording of that but the defense team will certainly have the opportunity through the course of their presentation of evidence it is called the "rule of completeness" or if there is additional recording or witnesses who are able to testify about what was on the rest of the recording they will be able to come forward and talk about that. you know, it is an example of how donald trump is at least able to comment to some degree on the evidence but he has almost shut down entirely to give his perspective on what is going on in the courtroom. there are legal analysts on both sides of the aisle talking about everything that is going on in the case perry the witnesses themselves talking about what is happening in the case.

not donald trump. just these little bits and pieces along the way and he is not able to give much by way of detail as to what he wants to be able to say and talk about. >> john: tuttleman, just stand by for a second. we got some notes from maria our producer inside the courthouse. calendula low resumes examination of hope hicks asking about "the wall street journal" article and a phone call between trump and cohen. she says she heard trumpets before speaking when it was published but did not speak in a conversation. they were getting cars to travel to the next event venue she remembers trump speaking to cohen but nothing memorable about the call. matthew calendula asks where they started before and hicks said she thought it was maine and ohio was one of several stops in conference they had more stops earlier in the day blah, blah, blah about the campaign and then government exhibit 180, "the wall street journal" article reporting the ami purchase of the mcdougall

story that never published. hicks confirmed she read it when it was published. he asks her to read the portion where her statement is quoted the statement says there is no knowledge of the agreement between ami and mcdougall. my recollection is this is what was told to me and this is what was provided in the same. hicks says claims were on true. separation between the mcdougall purchase and trump saying there was no knowledge of it going on. how do you think the jury, jim, will react to that? >> i am not sure how the jury takes it in but i will tell you what i think there is a reason we didn't hear a lot about hope hicks in the opening statement. she is essentially a person who is around president trump but not listening in and memorizing conversations that were fast and furious at the time. of look, i think you are looking at a friendly cross-examination. a short one, get some concessions about her not being in the weeds on some of the stuff.

to move on and continue to keep the focus entirely on cohen's credibility. you have to make this a referendum on whether any jury can reasonably believe in the perjuring disbarred fail cooperator ever present on media michael cohen. get in and out with hope hicks. i don't think she has really hurt the president's case much at all at that point. speed to ender and jim thank you very much as this news continues to break in the new york courtroom. >> john: a political aspect who better to take on those questions then ari fleischer coming up next. 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. tell your doctor right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs.

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with karen mcdougal were untrue she did say trump denied there was ever an affair but doesn't remember him giving her exact verbiage to use to explain that to the press. let's bring in ari fleischer fox news contributor and a white house press secretary for george w. bush. you were with the campaign, the bush campaign, in november 2nd 2,000. when the bombshell dropped that george bush had been arrested in 1976 for a dui. which is kind of the equivalent for that campaign of this "access hollywood" tape. you know with the campaign was going through on october 7th when this all came out. how would they have reacted to that and how does that play into what we are seeing in the courtroom? >> first let me go from the point of view of the public paid when dwi hit with bush, most didn't think that could be true about george w. bush, they didn't know about that so it was really just cut against the reputation image when he was running. it really hurt. in the case of donald trump i

don't really think there is anybody alive on earth in the fall of 2016 that had been surprised if donald trump had done something unseemly. i mean, that was trump's personality parity came out of manhattan, he came out of that high-flying billionaire life. right. so i don't think it had the same public impact which takes me to the trial. so that's what campaigns have to do. if this trial ends in a guilty verdict for donald trump will it change motor behavior toward donald trump and i don't think it will. first, john, i don't think they will find what he is guilty of it so hard to follow this trial and what is on trial for other than winning in 2016 and second is there any way left who was so undecided about donald trump that they will go a verdict in manhattan one of the most democratic counties in america on the hands of a democratic prosecutor will influence my vote.

i have a hard time seeing that. 's bigger than the image a moment ago with jim using the opportunity outside of the courtroom to campaign. showing up at manhattan, brings pizza and finding opportunities to campaign when he is not sitting in the courtroom. >> and his polling numbers have gone up. that cnn poll the other day showed donald trump up by six percentage points. i want people to understand what a massive blowout that would be if he won by 6. first of all when he defeated hillary clinton in 2016 he lost the popular vote by 3% points. if he wins it by six, think about what massive blowout that would be electoral college that would be barack obama against john mccain in 2008.

so trump continues to politically do well as these trials go on. i think the democrats just fundamentally in thinking donald trump and indicting him would get rid of him but it has made him stronger. >> john: let me ask you this question, ari, donald trump is locked in a courtroom three days of the week. he managed to get out on the campaign trail on tuesday, but he is on tv every day and above the fold in all the newspapers which is a quaint old term saying he is the lead story in the newspapers. everyone reads him on line but he seems to be getting more exposure than joe biden. is not being able to go out on the campaign trail really hurting him all that badly when it comes to all of these other earned media and exposure? >> that is my point is he is doing well on the poles despite how he has been on trial. i think the other factor is what has been covered by donald trump

with this exposure and it is the trials which i think confuse most americans that don't understand w what the indictmens are for and why he is on trial other than i don't like donald trump which is no reason to put him on trial. and i think there's a little victimization here. people don't quite understand this. they are thinking why is he forced to do this? and not be able to campaign which puts donald trump in an unusual light of the poor victim as opposed to the tough guy who was always breaking bowls in every china shop he finds. so it has to soften his image you could argue in a way at least if you believe the polls has been helpful to donal donald trump. >> sandra: so we are watching for any updates outside to come from inside the courtroom to us and we will continue to update our viewers. great to have you on, good to see a-determiner. >> john: thanks, ari. >> thank you, guys. >> sandra: coming up our legal analysis of this trial will continue, mark eiglarsh will join us at court has resumed.

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>> sandra: fox news alert as we get updates from inside the courtroom of the trump trial that resumed a short time ago. hope hicks is on the stand. let's bring in criminal defense attorney mark eiglarsh, some of the updates we are getting on the courtroom right now kerri kupec upon our highlighting it's important for the defense's case we heard in exchange that hicks testified she was concerned how it would affect milahnie perry did she also said that he probably ask how it was playing generally but the reason the wife aspect matters is because it undercuts the state case that trump only paid off

stormy daniels because of the campaign. how important of an update is it for you, mark, that she is obviously being able to demonstrate in her testimony the former president was concerned about the impact this would have on his wife, melania? >> colossal. in other words i was going to argue if i'm defending him one of the many possibilities why he was concerned would be the protection of his marriage or his brand. you can argue that all day long but to have a witness to testify and say it in front of the journey creates reasonable do doubt. >> john: as a legal analyst was playing a while ago people knew who donald trump was, the type of life he had lived as a new york real estate magnet and

part of the studio 54 crowd so the "access hollywood" tape for those who liked him and were going to vote for him would not have been that much of a surprise. so if you had a former porn star and i had a one-night stand with that have been that big for a tryst with a former "playboy" playmate but then with the money aspect, is a couple of weeks before the election purity of your wife was about to become the first lady, and all of the stuff suddenly comes out? that will affect your relationship with your wife potentially more than the public. public. could be said that donald trump was more worried about the impact on melania and his relationship going into an election that he eventually ended up winning then one the public would think? >> absolutely but here's the good part. donald trump end of the defense don't have to prove that was his

motive. is exclusively on prosecutors as it is in this case in every single criminal case to prove not just maybe he was concerned about the election and that is why he didn't or probably that's why he was doing it and paying off stormy daniels but beyond event to the exclusion of every reasonable doubt even without the latest colossal testimony, it was a reasonable hypothesis of innocence that he was buying these stories to protect his marriage. to protect his brand, and not necessarily solely because he is concerned about the election. >> sandra: getting some more updates here, some bigger than others. from the updates to colossal and the way "the wall street journal" article would affect milahnie perry at the spur the latest from the trump team, the former president will speak live to the

press departing mike departing court today less than an hour from now he will speak as he departs the court room. mark, that will obviously be listening to to get his take on how the day is going. what do you think you will say based on what we learned from out of the court? >> he should focus on the fact that this case comes down to a very, very slim reading of the law. legal fees versus campaign expenses. that's all we are talking about. i would've advised him look, it's more of a legal fee then a campaign expense. particularly because you are thinking about your wife. it is more of a legal fee then that so they would say he is doing something nefarious with business records even if it was him making that decision and i don't think he made it alone and he certainly was using's advice that legal fees fits better

pay that's probably what he should be focusing on and why he should be found not guilty. of >> john: great to talk to you. talk to you on monday. >> my pleasure. >> john: back with final thoughts from our legal panel at least for this program coming right up, stay with us. these savings won't last forever. unlike your eternal elation. ok, settle down. shop online or book an exam at americasbest.com.

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>> john: trump trial continuing it will go until 3:45 p.m. this afternoon carlos and early for friday let's go to you for what hope hicks just said about the stormy daniels and karen mcdougal stories that trump was worried what the impact on milan you tell mike to michael milani is going to be not the impact on the campaign. did she bail him out big time? >> that's a major development and one that is so big and i think donald trump may not have to testify. the defense just got a major piece of evidence in front of the jury. that's a statement from donald trump contemporaneous end time back then before he knew about charges, before all the legal technicalities we've been talking about for weeks here, back in 2016 donald trump was thinking about his wife.

whatever he was doing was not an effort to conceal another crime, it's an effort to make sure his wife doesn't find out about this information. that is evidence of evidence of evanescence right there. >> sandra: jim, mark eiglarsh called this a colossal development do you agree? >> it could be but the devil is in the details and this is what i mean. at the end of the trial of the motivation. the judge can instruct lb impact will the number one he would say the has to prove beyond reasonable doubt it was to preserve his chances, that took a huge blow if that is how he would frame it. but if the judge says next motivation is okay that you can be motivated both by keeping your wife out of the no but also protecting your political aspirations if he allows for mixed motivation on the president engaging in the ndas

and not perfectly capturing them in letter entries that can signal to the jury that mixed is okay that he was also worried about his wife as long as one portion was political and instant. i'm worried that is the moment that will tell us whether this is a viable case at all or that they will say with the jury instructions are. >> john: what with the trump defense need to do to buttress what they hope to say about milan and not the campaign? >> they have to continue to press the judge to make a ruling that determines quite specifically what the other offense is. the offense that turns this into a felony so they can have a better perspective as to what the jury instructions will need to be. jim making an excellent point they have to know what the jury will hear before they can present their case. >> sandra: we will keep watching that court is ongoing thank you, gentlemen. >> thank you.

>> sandra: a quick break and we will be right back.

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>> we will see if it proves to be an escape hatch off the prosecutors managed to find contrary evidence from somebody else. >> our coverage will certainly continue. i'm looking down right now to see if there's any updates out of the courtroom because that's a big development. it's great to be with you this week flew by i swear. always good to be with you and thanks to everybody for joining us. >> things tend to go faster when you're keeping busy and we are busy all weekend expect will be busy again next week. we hope you have a great weekend. we will see you again monday. thanks for joining us. i'm john roberts. >> i'm sandra smith. the story with trace gallagher in for martha starts right now. >> thank you. it afternoon. i am trace gallagher in for martha maccallum and this is the story. we are now waiting to hear from former president trump and his