for stating what is on his mind but michael cohen can say anything he wants. >> that is what is at the heart of a lot of this. the trial has caption the attention of america. trump is a leading republican candidate for president and there are huge first amendment issues at stake. it seems anomalous when you see trump's speech being restricted whereas other people connected in the case are free to say what they want on whatever topic they want. >> thank you for that. they have wrapped up the session today. they did not have activity yesterday. donald trump might say something, he might not. i am sure "the five" will be on top of that because "the five" is next. >> jesse: hello, everybody.

it is 5:00 in new york city and this is "the five." ♪ ♪ we have our jury. the judge announcing we have 12 jurors and one alternate seated after another whirlwind day of jury selection in trump's hush money trial. we still need five alternates. two jurors were excused. one said they could not be impartial after swearing they could and the judge says opening statements are expected monday. trump was seen sitting in his chair, arms crossed as he watched the jurors being questioned. one dismissed juror was asked if trump could get a fair shake from the people in the jury r room. >> i am not sure about that. >> why? >> everybody has biases and

stereotypes in their minds. you have to be a deep and fair person, which is hard to do. i hope they do. this is justice, right? >> jesse: the prosecutor overseeing at all has shown his hand. after it was revealed how he wants to cross-examine donald trump on various civil law suits. jeanie says they have five more to go. >> jesse: we are going to take you to donald trump speaking outside the courtroom. >> i am supposed to be in

georgia, north carolina, south carolina, a lot of places campaigning, but i have been here all day on a trial that is really an unfair trial. all of these are stories from legal experts saying how this is not a case. the case is ridiculous. the case is a ridiculous trump indictment. there is no fraud. all of these stories are stories of how -- and they are done by the experts. falsified business record and he falsifies them. he is the one. he is the fraud. take a look at these stories, you see them here.

the indictment, all of them, indicting trump on that sense. it is a whopping average. we had 18 or 19 or 21, in the meantime, look at this. another national review. andrew mccarthy, every one of them saying there is no case.

they say is it constitutional? these are real stories that they can place over the last few days. take a look at this. greg wants us to believe his pursuit of trump is not political and of course it is political. even the rolling stone, no friend of mine, they don't like greg's chances on this case. every one of them lies about the case, justice is on trial. the whole world is watching this new york scam. the trial spectacle begins as "wall street journal" -- it is a spectacle.

america is a third world cou country. "new york magazine," even. every single one. i haven't seen one that says it is a good trial. it is political. this is "the wall street journal." it is a shame. i am sitting here for days now from morning until night in that freezing room. freezing in there. all for this. this is your result. it is very unfair. very bad thing. the whole world is watching. you have a d.a. out of control. you have a judge that is highly conflicted. the whole thing is a mess and you have the leading candidate,

leaving jill biden -- he is the one that should be on trial. we have a crooked president. he should be on trial, but he is the one in charge. his top people are here, working with the d.a.'s office to make sure everything goes right. it should be right because they have no case. it really is a shame, this country is developing into a third world country between having no orders, no justice, we have no justice, and having a press that doesn't want to cover the facts. thank you very much. >> jesse: that was the former president leaving court, saying the room was freezing that he was an all day, called it a scam, and held up a stack of articles and editorials that i agree it is a scam, called it ridiculous and he should be out there campaigning.

this reminds me of the covid situation where after 5:00 every day, and we will see this for weeks. the president comes out and speaks to the american people. >> jeanine: legal experts do agree and i agree this is a case that never should have been brought, not because it is donald trump, but because the facts are not only tired and expired, but there is no jurisdiction or power on the part of the local d.a. to act as a federal prosecutor and make believe the state prosecution is beyond the statute of limitations. let me go back to your original question. there are two sworn jurors who were sworn yesterday, and today, were not on the jury. one asked to be taken off and one was already taken off. this whole thing, the removal of

these jurors speaks to the judge's inability to maintain proper decorum as it relates to protection of jurors. what you have it as a woman who came in and she said, my friends were able to identify me based upon how i was described as juror or whatever number it was and all of a sudden she was confronted with the possibility of people knowing who she was and then the consequences. the enormity of this case. this is one of the biggest in american history. a president on trial for a felony for which he can go to prison. this woman, who was identified by her friends, because the judge did not protect her. the judge did not make sure her information was not reported to the press. if you have a defendant or any

situation like this, you can take the questioning of the juries in another room, get it on the record. they're going to identify who she is. and i will tell you another's example. the second juror who was sworn in has a conviction and westchester county. it was in the 90s. he has a conviction that he did not even admit to. are they moving too quickly? as far as i am concerned? yes. is the judge protecting the jurors? as far as i'm concerned, absolutely not. >> i thought yesterday, the juxtaposition between the president being in the courtroom and being at the bodega was powerful.

i thought the juxtaposition was not quite as compelling. he is going to do this every day. i am not sure this goes for weeks. i would be curious to hear the judges. i don't see this going more than a few days, but i could be wr wrong. the process is working. the judge, he should be protecting these jurors, but this process, the people are getting an opportunity to see how jury selection works. it is not unusual, but it is unusual a formal president is on trial. i was relieved the jurors came in and said i cannot do this. they might be biased or might have some other reasons as to why they cannot serve but the questions about can you be fair or impartial, both sides are having an opportunity, the

defense and prosecution have an opportunity to see the jurors, see their questions, make this determination. the judge in this case is going to have to get a better handle. when you have jurors who are unmasked, identities are being disclosed, this is something the judge will probably have to address. >> that is not the typical court reporter sketch we see. that is unfortunate. >> it is not the same as before, but it is pretty good. his hair looks good. not too much to add. if i were president trump's team, i would take him someplace tonight to shake it off. he says it is freezing, it is a

dismal room, a miserable experience, but they are making him sit there. you said yesterday, he is pretty calm given the circumstances. when he was holding up those articles, i wondered if there was one in their, by ruth marcus, who is a liberal columnist for "the washington post" and she lamented, why did this have to be the first case that went to trial. she is unhappy with that because she knows the case is all the things he was saying, outrageous, ridiculous, not valid. if i were them, i would say, do you want pizza? do you want to go to a grocery store? to a restaurant? let's do something fun so you can blow off some steam. those media events are going to get him farther. i would do that. i also think the democrats, they

never learn. be careful what you wish for. president trump is there and he is still likely to win the election even though he is not there. biden is talking about issues and we will get to other things. they also have the opening day of this trial, if it does start on monday, it coincides with the democrats favorite national holiday, earth day. >> or where should he go? maybe get a slice of pizza, hit a rangers game. >> it is going to be interesting. a couple of things. i was thinking the subway station where danny petty was

forced to jump into action. this d.a. does not want to prosecute criminals. he has to fight and take action. because i am a threat, my opponent has me here. harold and other people say what proof do you have. we don't have the letter signed saying don't do this, but running the case, he left the d.a.'s office to do it and he is the lead guy and he volunteered to do it. we have a case, we are going to go and i am going to lead to. all of a sudden you think about the meetings with the georgia prosecutors. nathan wade thought he was going to control this case. twice he met in athens with

members of the legal team. of course there are some links, and then the political story that talks about joe biden being angry at merrick garland for being too slow prosecute donald trump. is that as close as you can get? i want you to knock my opponent's knees out. i cannot beat him. >> jesse: there is going to be a gag order hearing on the 24th. if there is a juror coming in, saying i am not biased and they discover the juror was tearing down conservative political lawn signs, the president of the united states cannot mention that at all or he goes to jail. >> the gag order says he cannot speak or cause someone to speak

on his behalf. it doesn't say he cannot tweet something that someone else has said, or identify something that has already been tweeted or said on social media. the order is specific. you have to look at it as a judge. trump is going to go as far as he can with this judge. this judge is not adverse to put him in jail for contempt. this judge -- they say there are seven times he violated the order. you tell me. every time they spin the wheel, the same judge comes out.

they definitely picked him. he was picked because he hates donald trump. >> would you foresee this judge putting donald trump in jail for violating a gag order like that. >> if the court lays out a set of rules and someone violates the rules, someone comes over, puts handcuffs on him and leads him away. >> i think jesse, you have to follow the rule. the process is working here. i want to hear the facts. want to hear the facts. i disagree, yesterday, i think they are going to be jurors who can sit there. she said she didn't believe anybody could be impartial or

fair. by that definition, nobody could serve on a jury. >> jesse: you have to be fair and impartial. we are talking about a former and future president possible that we'll have an impact on that juror's life. you saw the jurors, you saw them ask questions. they say i don't like his policies, i despise his personal life, but i can be fair. it is tough when you put politicians on trial. >> i am glad that juror said that. >> jeanine: i don't know if it was i don't want to suffer the consequences. that was i am going to be identified. he lied on that jury form because he was arrested and convicted. let's not kid each other.

there are people trying to get on the jury. it is not like everybody can be reasonable. >> our system works. >> not everybody is as reasonable as you. >> jeanine: you are the reasonable man. >> the only thing you are missing is air quotes unprecedented. we have to make a choice between two men. one of those men is on trial. there has never been anything like this. this is not john godey, this is the most consequential thing ever which makes you think if another trial is going to queue up in august 3 months from the election. it is bad enough in april. >> harold: that is different than what i am talking about. >> jesse: we all hear each other. was joe biden's uncle served as

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♪ ♪ >> dana: president biden and donald trump rna face-off over who has the better retail politics game. president biden, must have been taking notes. he has been hitting up gas stations in pennsylvania. the reception, a different vibe. he was in a wall law and ordered a single milk shake for himself. >> we have milk shakes and refreshers. >> how about a milk shake. i am going to order a

milk shake. >> dana: biden giving a speech where he lamented getting the middle finger from a child. >> i never thought i would see a time when i am going through a neighborhood or a rural town in the west and see big signs, that have a trump sign and in the middle it says f biden and have a little kid with his middle finger, seven or eight years old. it happens all the time. >> dana: taking a strange turn after he recounted a story about his uncle being eaten by cannibals. >> my uncle, and athlete. he would become an army air corps. he flew the single engine planes as reconnaissance. he got shot down and that was in

new guinea and they never found the body because there are a lot of cannibals in that part of new guinea. >> the official record of the incident mentions nothing of the incident or says his plane crashed down. it says he died after his plane crashed off the course of new guinea and the white house was forced to do damage control. look at the contrast between the campaign. >> to see him muttering about a milk shake, not usually what you think of when you think of reagan or barack obama and instinctive politicians who were great orators. a couple of things stood out. number one, he was lamenting the fact it was a f biden. he has been kidding about that for a while.

brandon, we know what that means, let's go brandon. we know how that translates. he is reportedly calling donald trump sick f in all of his emails and interaction. his staff calls him a hitler . if you want some semblance of maturity and bring some back into the white house, you can bring that back into the scenes. donald trump does things instinctively. he walks into a fast food place and says i don't care, i like these people. chick-fil-a, why wouldn't they want to see me? everything else is scripted because they don't trust him. they don't trust anything to work out positive for him so

here he is in new york city in a state he will not win and he is in pennsylvania and the chance of the bidenomics chant that said get rid of bidenomics, that matters more than anything else. he is running on bidenomics and people showed to protest what he thinks is his best moment. he still doesn't get it. >> it was sort of weird to see it that empty. it is hard to find that. >> that moment with the order, when trump goes into chick-fil-a, it is special. he walks in and he pauses and he addresses the people behind the counter and engages with them and says, 30 milk shakes on the house, chicken for everybody. it is a spectacle.

people come up and hug him. if i were in a wawa and i see a president come in, i am going to shake their hand, get a picture. bill clinton, barack obama, no one comes close to him. it is like he is anyone's granddad going in there for a milk shake. look at him stare. he can't believe how expensive the milk shakes are. my favorite live from biden is the cannibal live. how do you know they didn't neet his uncle? you cannot prove him wrong. tonight we will have the cannibals in new guinea remotely, who did find biden's uncle delicious and then we are going to have the 7-year-old that flipped joe biden the bird. do you believe 7-year-old boys are flipping biden the bird on

his way to campaign events? >> dana: were they from my neck of the woods? possibly. if you were praising trump's political instincts and skills. how do you judge biden's performance? >> harold: i give him a b. i am glad he is out. the stories about family and those things, they need to be subordinate, if i were the president, we would be everyplace where the chips act spent billions in communities and talk about what it is going to do to create more jobs and better investment and giving better opportunities to kids. chuck schumer was bragging about the micron investment, the best thing that has happened to

syracuse. these are the things if i was the president, this is all i would be talking about. encouraging congress to pass the ukraine bill. i would be in those communities in those places talking about that. he doesn't have the same energy trump has but he has a story to tell and the team at the white house, you have to put him in a position where he looks good and sounds good and is talking about things every american -- this is not the best way to execute. if you are going to put him out, put him in positions of str strength. >> dana: and maybe not in an empty wawa. can i describe for you and you can say what you want. this is how the ap described what biden said yesterday. he was off on the details. can you imagine if it had been the other way around?

>> jeanine: the truth is, joe biden has been a pathological liar, a plagiarist who has been lying since the time he hit the campaign trail, whether it is getting a scholarship to go to law school, his uncle who worked in the coal mines, to now his uncle was eaten by cannibals. give me a break. three men to emerge from that rack but there is one crew member who emerged. if you find that crew member and he says, my pal was eaten by the cannibals, maybe i will believe it, but there is a witness and nobody is talking about cannibals. this is a guy who goes to sheets, or whatever they call it in pennsylvania, while he has his opponent locked down in a criminal court room. he just stares at a 7-year-old

girl. did you see him? he just stares. he doesn't know what to do. look at him. and then he walks by. you say let him do it. he is incapable of doing it. he is incapable of telling the story. i want to talk about his son died in iraq, he grew up in the puerto rican section. there was no puerto rican section and scranton, pennsylvania. he went to the black churches. my dad is from scranton. he went to law school. this guy is lying and gets away with it. "the new york post," lies, lies, and he has never had to pay the price. >> dana: this is not a scene out of -- on an ivy league

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♪ ♪ [chanting] >> we are hamas. >> jesse: where are we? syria? it is the revolution at the ivy leagues, pro-hamas lunatics swarming. hurling threats. one student saying it was like a war zone. >> there were people coming in from nyu and other places, people who are not students to

protest. the slayers are being lit up at night. it really felt like we were in almost a war zone of a campus. >> jesse: the chaos continued today. colombia has the liberated zone, hundreds of students setting up tents on the school's lawn to protest israel. the nypd rated it after the president said go ahead, rip it up. they arrested over 100 individuals and columbia suspended them. outside agitators went into the middle of the street, trying to block them from moving to go in reverse to a detention facility. that happened today. a lot unfolded last night. can you believe they are chanting about this in new york city? can you believe i am hamas comes

out of that woman's mouth? >> jesse: it is like arab spring break is going on. you can protest what is going on over there and that is fine. there are always antiwar protests on college campuses. we are moving away from your regular protest and into what i would consider opening an fbi investigation. they have said it is hate speech when you say build the wall. the biggest domestic threat to this country are mager republicans. they call trump rallies clan rallies. i want them to treat what they say is hate speech as this. if people are saying i am hamas, death to america, and burning things, you need to be held accountable for that. >> if they suspended those people, they know their names.

if you know their names and you are on a student visa, you blew it. you are out, you are done, you are finished. the american flag is a trigger to some people. they want to take the flag down. >> dana: we had a young student who goes to columbia. he and his buddy have gone to another protest that was happening south of here and there were people chanting like that and one -- they went to burn the american flag and he stepped in and said what are you doing? when the guy turned to run, his shirt caught on fire. there should be an fbi investigation. there should be more cops. i am glad the university has found a way to break up the tents. martha had a good take on the story. look at the tents. they are all the same. they are brand-new. i think following the money to

find out where it is coming from. i love that google employees got fired. i would have loved being on some of the phone calls when they had to call mom and dad and they had to say i need help paying rent because i threw my big job down the drain. >> and not because of layoffs. that is part of the reason google backed off their investment of the pentagon. you know what i am heartened by? i have as many democratic friends as i know and they are speaking out concerned as republicans. are you one of them? >> harold: i am the only one who has voted for funding for these things. this is absurd that we find ourselves in a situation where tenured professors, one of the things my friend was hoping and praying for, i am a graduate of the school who has been in the

news, that these universities are looking at how you undo some of these tenured professors. can you fire them for cause? you don't hear these protesters asking for the release of the hostages. everyone has the right to protest, but there protest, they are wanting -- they are claiming death to america. they are praising a terrorist organization. hamas has been designated a terrorist organization. can you imagine being on the street saying i love isis? that is the equivalent. we see what hamas did and what they represent. if they don't know what they are saying, they should be educated by police officers and law enforcement saying this is what you are saying and if you continue, here is the answer. i was encouraged to see there are efforts behind-the-scenes

that the white house and israel and saudi arabia are continuing to move forward on an historic deal between israelis and the saudis. this is what happened prior to october 7th. many people thought they made so much progress. many people thought that might have been one of the catalysts or reasons for hamas and iran acting like they did. if some of those things have been reported, none of these people asking for a two-state solution. their answer is we love hamas and we want the death to israel and if you support a terrorist organization, you are violating american laws as well. i have no sympathy for this. these are criminal acts. >> i don't want to america in vietnam, you don't want civil

rights movements. >> do you want to live in gaza and live as part of the two-state solution? good luck with that. i am sure tickets are still available. your answer to people who say this is within the school, the school is fomenting this, they are part of this, or are they watching and intimidated by it? >> school is part of it. professor mohammed abdul, he says in class, i am with hamas, hezbollah, i am islamic jihad. these are the people teaching our kids. these are the people educating kids in college and the kids in college have to agree with that philosophy or they are not going to get a good grade and they are

not going to graduate. the president of columbia can say, okay, the conduct, we should suspend these kids and let's get them off campus. here is the problem. she doesn't believe from the river to the sea is anti-semitic. from the river to the sea, everybody knows it is anti-semitic. if they know hamas, hezbollah, and islamic jihad, they know river to the sea. many of them have been arrested for trespass disorderly conduct. what has to happen now? the way to educate them is to follow through on the chart. you have 15 days in jail or you go to this educational program, just to give them the benefit of

the doubt. when you find people who don't understand hate and anti-semitism, education is part of the reason. when they are burning flags and protesting and they are organized, the money is coming from one place. they are all being paid. you have to look deeper into what is going on and to be honest, i give the nypd a lot of credit. they were cursed at, spit at, banging pots in their ears, and they were professional. >> they were saying to the black officers, you are kkk. maybe they are uneducated. they waited for this president of columbia to go in front of congress to show there was total unrest. they help sell the story. i am going to wrap up so we have time left at the end. legalized gambling is exploding. are we addicting an entire generation? ♪ ♪

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♪ ♪ >> jeanine: the explosion of legalized gambling has americans betting on anything and everything, from placing wagers on taylor swift to national disasters. it is not all fun and games.

young men are blowing their money due to easy access of online gambling and sports betting. they told me to move it along. go ahead, harold. >> harold: people are gambling a lot. >> jeanine: do you think gambling is -- >> harold: this is what gets young people and others wanting to watch all of these games and they are betting on everything. you can bet on who is going to kick this, throw this. a kid got expelled from the nba forever because he bet on basketball. >> jeanine: what is addictive? the gambling or the winning? >> jesse: i don't know the difference. >> jeanine: do you keep gambling on the hope you are going to winning? >> jesse: i lost a thousand dollars. i am done. >> dana: i believe sports

gambling, especially for young people over the age of the 18 but not quite fully formed, it is the new opioid epidemic. watch my words. >> it is the most easily understood addiction. no one follows teams, they follow their own debts. it started with rotisserie league and went into fantasy league. you may think it is good in the short term but you don't have the loyalty we had and the memories of 20 years of going back with that team until they finally win. it is how much do i make on that game or that player. i don't care if my team won, i lost money. that is cashing in but in the big picture, you are destroying sports. fundamentally, we are beginning to ruin the golden goose. >> it triggers dopamine in the brain and activates the reward system.

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♪ ♪ >> jesse: time now for "one more thing." fox shop alert. new merch. the mother's day collection just dropped. we have a proud american mom emblem stuck right on the breast pocket of these wafflely -- why are you laughing at me? these waffle style robes, t-shirts. you have a -- not what i would call a fanny pack. but you would have a makeup bag and if you are a mom and a dad i mean it's 2024. you can do whatever you want. shop.fox news.com before monday april 29th. tonight, "jesse watters primetime," the trump jury controversy. judge jeanine pirro. today, what diddy do? i narrate it. say it fast.

what diddy do? >> jesse: all the people that front that fox nation special knew that, too. >> dana: everything will be okay. i still believe it. graduation book special you can go to the -- let's see, there is tiny -- the little book shop help me do graduation season. personalized book for your grad. i still believe everything will be okay. >> jesse: very nice. >> harold: pennsylvania man took that love your neighbor to a new level. the firemen were able to get both of them out. the mayor of the town. thanked them all. god bless them. >> so dangerous. >> quick announcement. on the 27th on stage, history, liberty and laughs. i can't wait to meet everybody in person. brian kilmeade.com. >> how much? >> jesse: have a good night. everybody. >> bret: brian kilmeade is always on the move. >> jesse: can't pin hi