versus blue. what this is, is sane versus insane. moral versus evil. >> martha: your take on that? >> she is exactly right. by trying to have it both ways the biden administration isn't just winking and nodding but lying and saying that women can still have their sports but the biden administration has gone into court and said that title ix, the law, demands that women give up their spots for men. so that's what the biden administration is telling federal courts what title ix means. they can't come out and say women can continue to have their sports. part of the big issues is the privacy in the locker room. from riley's stories and paula's story, a lot of other women have experienced men having to be exposed to male genitalia in the locker room. >> martha: thank you very much.

good to have you with us today, may. >> thanks, martha. >> dana: fox news alert. opening statements in the hush money trial against former president trump are underway in new york city. moments ago the judge read his decision on what prosecutors can bring up from trump's previous court cases if he testifies in his own defense at the trial. welcome to a new hour of "america's newsroom," i'm dana perino. bill hemmer is off and thankfully i have martha with me here today. >> martha: great to be with you. i'm martha maccallum. for the first time in history prosecutors are set to present the first-ever criminal case against a former united states president and the manhattan district attorney has accused the former president trump of illegally hiding payments, hush money payments they've been called in this case, and he claims that those payments, which trump says were legal expenses, were done in order to effect the outcome of the 2016

election. >> dana: we have this just in from our reporter that are there. we did see former president trump earlier. he stopped to the microphones on his way into court. play a quick bit of that for you here. >> these are all -- this is done a as election interference. everybody knows it. i'm here instayed of being able to be able in pennsylvania, georgia and lots of other places campaigning. it is very unfair. the poll numbers have been going up because people understand what's going on. it is a witch hunt and it is a shame and comes out of washington in coordination with washington, everything, including the d.a.'s office. it is in coordination in washington. i want people to understand that. this is done for purposes of hurting the opponent of the worst president in the history of our country. second of all, we have another trial going on right now that's let itch yeah james. she campaigned on the fact that i will get trump and it has to

do with a bond of $175 million. first of all she doesn't want me to participate with financial companies in new york so we had a company i guess based in california, a bonding company and i put up $175 million in cash. she says the bonding company is not good. she doesn't like the bonding company because she doesn't know if their collateral is good. i put up $175 million in cash and she is questioning the bonding company. when you put up cash and it's $175 which we are supposed to be putting up and i give it in cash she shouldn't be complaining about the bonding company. the bonding company would be good for it because i put up the money. i have plenty of money to put up. nobody is going to be putting up with this, nobody is going to be listening or coming to new york anymore. businesses are going to be fleeing because people are treated so badly. it has to be the most unfriendly place to do business and that's

why businesses are leaving and people are leaving as migrants come in and take over our schools and everything else. letitia james is the worst attorney general in the country. and she keeps a lot of business out of new york and businesses that are here are leaving. that means jobs and a lot of revenue. somebody is going to step up, the governor or somebody has to step in and do something because businesses are fleeing. letitia james, the money was put up, it's $175 million. i don't think she is complaining about me for the first time now. she is complaining about the company. why would she be doing that when i put up the money? i want you to know that's taking place in front of an extremely crazed judge who is the most overturned judge in new york state. he was overturned four or five times on that case alone. that's -- you know who it is. i don't have to mention names. i want to be very nice. but a thing like that what's

going on right here should never be happening. it's a very sad day in america, i can tell you that. thank you very much. >> martha: down the street from the rush money trial new york state attorney general letitia james is another courtroom saying the $175 million agreed-to bond secured in cash by trump which allows him to appeal the judge's ruling in the civil fraud case she claims the bond is not financially valid according to the former president it was backed by cash. i don't know how that works. >> dana: full coverage on fox. jonna spilbor and lydia hu is with fox business outside the new york state supreme court to give us an update. hi, lydia. >> good morning. that hearing about this bond issue is about to get underway any moment. lawyers took their seats inside the court for both trump,

insurance company and the new york attorney general's office. lawyers for the a.g. are asking the court to invalidate this $175 million bond because they have questions about whether the insurance company could actually pay that bond if they had to. lawyers for the attorney general's office write this. knight specialty insurance company is a small insurer that is not authorized to write business in new york and that's not regulated by the state's insurance department and has a total policy holder sur plisse of just $138 million. less than the $175 million needed. but executives with knight specialty say the former president put up cash in the form of a brokerage account as collateral. the a.g. says that trump still has access to that account and so they argue it is not secure. you may recall an appeals court reduced the amount of the bond to $175 million from roughly

$464 million. that was a move that many legal experts say suggests appellate judges may be sympathetic to trump's appeal on this case on the merits. scheduling today's hearing on this bond issue is judge orther en groan. if this bond is voided, the a.g.'s office wants to give trump seven days to file a new one. if he couldn't or didn't, then his assets would become vulnerable all once again. dana and martha, back to you. >> dana: thank you so much. joining us now criminal defense attorney -- the key players in the trial. let's pull it up for everybody to see. the prosecutor is alvin bragg. donald trump at the center of everything as always. michael cohen is a star witness and they begin with david pecker the former publisher of the

national inquirer. left me go to you first, andrew, to find out what you think about this choice. does it tell you anything about where bragg is starting? >> andrew, we can't hear you. jonna, your thoughts. >> he is starting out in left field. you have to remember david pecker, he is quote, unquote, responsible for catching and killing some stories allegedly on behalf of donald trump. which, number one, is not a crime. number two, unless they are charged with conspiracy, we know that's not the case, has nothing to do with anything that donald trump did and the story in question doesn't involve stormy daniels. so already the prosecutor is going to be starting with this wide breadth that are related to

the indictment. we know the theme for the prosecution is going to be hey, ladies and gentlemen of the jury, i've got all this smoke and mirrors and i need you to just pay attention to that and hopefully you will be confused into a guilty verdict when all is said and done. >> martha: is andrew cherkowski back with us, guys? welcome, great to have you with us this morning. so in terms of the opening argument here. they have to establish exactly what needs to be proven in order to find the former president guilty. to let the jury understand this is the bar that you would have to meet in this case. so they have to prove that the former president falsified or caused to be falsified business records, checks that were written, to cover this $130,000 payment. that's not enough. that's a misdemeanor. i believe the statute of limitations has run out on it.

then they have to take that and make it a larger crime which is that it was used to conceal a campaign finance violation. that seems like a very tough leap to get them to. that's what they would have to do to find him guilty, correct? >> that's correct. what they have to do is essentially tell the jury, lay out for the jury this complex legal scheme that they've charged president trump with that i, even after months and months of looking into this, still can't quite figure out. we still don't know how alvin bragg and his team will try to convince the jury there was this felony on top of the misdemeanor charge that he did not charge former president trump with and we'll hear from the defense team. they will try their hardest to knock it out of the park today and really explain to the jury that although there is this hush money payment, although there are these facts along the way

that suggest that donald trump engaged in some of this behavior, it is merely political to be bringing him to trial at this point. there is a lot to come. the opening statements are the beginning of the opening fireworks to the entire trial. i'm sitting on pins and needles waiting to hear how that goes. >> dana: one of the things president trump said he is willing to testify in his defense. but the judge has ruled here that if he does take the stand, the d.a.'s office can ask about all sorts of other things including the trial -- the order and what he was fined in the carroll case, that he made false statements about her, they would talk about the gag order where trump was find $10,000 and it goes on and on. all the things they could bring up. at this point, jonna, even though he might think it would be a good idea and he feels like he is innocent and wants to testify, given they could bring up all these other things do you

think ultimately he will? >> i hope not. if i were representing him, that would be a hard no for me. the good news is, i don't think he has to testify, dana, i really don't. i think this case can be won, if it will be won at all, through cross examination. i don't think donald trump has to take the stand to say -- to counter anything that a lot of these witnesses for the prosecution, who have built-in credibility problems, are planning to testify to. his better move is to sit there and shut up quite frankly and once again, we have judge merchan making more erroneous rulings by allowing all this extraneous b.s. to come in if donald trump wants to take the stand and testify in miss own defense. it is another example of the travesty of this justice system with regard to donald trump. >> dana: opening statements underway right now at court as

we launch on the trial. >> martha: mass protests outside the supreme court as the justices hear arguments whether cities can ban people from sleeping in public. this case stems from a lawsuit in oregon. attorneys are split on the potential impact of this. >> the ninth circuit held that cities are not allowed to regulate camping in their jurisdictions until they have enough shelter for everyone. that has made it impossible for cities to address very unsafe and unhealthy conditions. >> it is completely incorrect when people say that this case and this decision somehow limits what cities can do to regulate encampments. >> martha: think about all the cities across the country that have these tent areas in them. wide ranging implications, david spunt is live with us at the supreme court.

hi, david. >> good morning. i have to speak louder, 100 feet to my right you can hear people talking. this is unique territory for the supreme court to get involved. some people call a crisis in big and large cities across the country. protest outside the supreme court this morning showing people chanting for the homeless, giving people an opportunity to sound off about the fact they say that there is not enough housing in the united states and there is a housing crisis that needs to be fixed. federal appeals court recently ruled that an anti-camping ordnance aimed at blocking homeless camps in the small town of oregon violated the constitutional ban on cruel and unusual punishment as the homeless didn't have access to shelter elsewhere. san francisco spent more than $672 million to provide shelter to enforce its own laws has made it more difficult to provide to people. a common tale across the united

states. listen here. >> it will get worse. if you uproot these individuals, guess what will happen? they'll move somewhere else. they'll move to another place. >> we expect speakers to be out here for another two or three hours. justices will have a decision by the and of june. cities across the country will be watching what these nine justices do. back to you. >> martha: big case. david, thank you very much. [people chanting and shouting] >> dana: protests breaking out at ivy league schools across the country. students at yale heard chanting the slogan from the river to the sea. a student who was injured in the chaos at yale. she will join us later this hour. >> martha: new report claiming the white house was surprised by iran's attack on israel. general jack keane on why the

administration may have been caught flat footed on this. >> i think everybody needs to step back in the state department. this is a fight going on. fights are not fun and clean. these things happen. e carbs? before you decide with the freestyle libre 3 system know your glucose and where it's heading no fingersticks needed. now the world's smallest and thinnest sensor sends your glucose levels directly to your smartphone. manage your diabetes with more confidence and lower your a1c. the #1 cgm prescribed in the u.s. try it for free at freestylelibre.us

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>> martha: moments ago students were moved from yale for the anti-israel protest. they took a few of them away. the pattern we've seen is these arrests are short-lived but trying to break up this encampment at yale that they have been dealing with really all throughout this weekend. so you see a couple of them getting taken away and we'll keep an eye on it. breaking news. >> dana: see if they get taken

away. >> martha: anti-israel simmering the london as well where police are under fire for caving to pro-hamas activists after an officer threatened to arrest a jewish man for walking near the protest after a synagogue service. benjamin hall has the latest for us from london this morning. good morning, benjamin. >> we've been covering the protests around america. those protests continue here in the u.k. for the last six months there have been large-scale protests around london every weekend that are continuing. many people are growing increasingly concerned about. this is a fascinating story that happened last week, though. one of the reasons the police allow the marches they continue say there wasn't any danger to jews. a police officer ordered a jewish man wearing a skull cap walking in the area, ordered him he couldn't cross the street or keep moving just because of his

openly jewish appearance. take a look. >> thank you very much. [inaudible] >> when the crowd is done i will escort you out. no, sir. >> it's a pro-palestinian march. i'm not accusing you of anything but worried about the reaction to your presence. >> you are quite openly jewish. the line that so many people are upset about. he left the synagogue walking through london before being stopped, held back to the side and was faced with arrest simply because his presence as a jew was deemed -- the police are being accused of supporting the marches and cause for the police

chief to resign and pushing back and forth. it has risen to a high level. london shuts down on saturdays because of the marches. you hear some of the voices pro-hamas, anti-semitic. how do you allow freedom of speech by preventing these atrocious angles. >> martha: thank you very much. >> dana: biden administration was blind-sided by the scale of iran's attack against israel. the behind the scenes situation room meeting april 13th as 30 missiles suddenly became 300. fox news strategic analyst retired general jack keane is with us now. set this up with a senior biden administration official saying the scale of tehran's direct attack on israel matched u.s. the worst case scenarios. the high-end of what we were anticipating, he said. what do you have that can help

us understand the scenario and what they are trying to say behind the scenes? >> i think certainly what iran did that night surprised everybody in terms of the scale of it. iran has never conducted a direct attack against israel. has chosen to use its proxies. secondly, despite israelis killing nuclear scientists and other military officials in iran and blowing up a portion of the uranium enrichment nuclear site, conducted air strikes at the damascus international airport against iran's weapons warehouse. despite these things and no reaction from iran, after a number of days it became obvious that iran had made a decision they would conduct an attack themselves. even though everyone had that intelligence, no one anticipated the scale of this attack that would exceed 300 plus missiles and drones.

what the iranians really did a took a page out of the russian playbook. russians evolved where they mixed lots of drones with cruise missiles stand off from the country itself using aircraft to do that and then ballistic missiles at scale. certainly not at the scale the iranians did but they were using the russian playbook that has been working inside of ukraine. but fundamentally when they saw the 30 missiles, then 60 missiles, they still did not anticipate, dana, that there would be 120 ballistic missiles. and certainly that grabbed everybody and they obviously were saying some prayers that the defense system would work. you have to credit what the idf multi-layered system did and certainly what the united states war fighting headquarters in the region to organize a multi-national defense against

this, which was so successful. >> dana: speaking of the idf, there was news also over the weekend the intel chief has resigned because of intelligence failures that didn't warn the country about october 7th when they were attacked on that terrible day. this is accountability leadership? >> yeah, most definitely. he offered his rest ignition immediately within the first few days of that but they asked him to stay on because they knew it would be so disruptive given they had their hands full in going to war in gaza. he has waited for the six months and now walked away. he has assumed full responsibility for his role in this. there will be others held accountable here. there are reports out much like we found out concerning 9/11, that the israelis had some idea that there was going to be a comprehensive attack against them as much as a year out.

but they discounted it because they didn't think it was in hamas's capability. the egyptian gave them a heads up something big was coming. we'll have to get the details to find out what distracted them, what did they really miss? was the violence in the west bank taking place a distraction? was the political distraction of the dispute over reform of the supreme court where hundreds of thousands of people were in the streets demonstrating? and also what did they miss in terms of the training and preparation? they've got huge technological oversight of what is taking place. the miss all of that is really quite stunning. it will be at the end of the day, it is going to be some report. i think our viewers understand that while the majority of israelis are supporting the war in gaza and the aims that president netanyahu and his war cabinet have established, the majority of the people in israel

also, when the war is over, are expecting prime minister netanyahu to resign and if he runs for re-election would likely not be elected because they are already holding him accountable to what took place on october 7th. >> dana: autopsy is underway and it will be a stunner and we'll learn a lot from it. general jack keane, thank you. >> you guys have a great week. >> dana: thank you. >> the unfortunate reality is columbia university is not safe right now. especially not safe for its jewish students. >> martha: crisis engulfs columbia university. ivy league university taking drastic action as anti-israel protestors run wild on campus. it is not just columbia. a huge weekend of developments at yale university, a student was injured after a protestor jabbed a palestinian flag into her eye during protests on the

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booking.com booking.yeah >> martha: opening statements are underway. the seating of this jury and the issues they had to get to this morning with the judge have gone very quickly and now starting opening statements. as soon as we get some information out of the courtroom we'll bring that to you as well. >> dana: happening this morning as well ton morning before passover begins at columbia university they are holding classes virtually. anti-israel protests put the campus further on edge. now you can see on the left hand side a pro-israel demonstration starting to take shape there as jewish leaders including the rabbi at the university warned that safety is not a given and passover begins at sundown. the rabbi called for students that are jewish to return home ahead of the holiday. we spoke to one of them last hour. >> we're witnessing the

culmination of six months of anti-semitism that is being reinforced by a complete lack of leadership even despite several warnings, lawsuits and a congressional investigation. >> dana: front page capturing the surreal aspect of all of this. the headline. ivy leave. a rabbi suggested they go. a former reporter said she had it in her crabbed in manhattan. she is on her way to israel where she feels her sons will be safer and feel more welcome on the upper west side. a terrible feeling. her children are not quite in college yet but all of these young people that we are talking to are being so tested, martha. college is hard enough. you have raised three children and got them through it. imagine on top of that you worry about your physical safety. for >> martha: i interviewed her

roommate, her best friend. right after october 7th her roommate started speaking anti-palestinian -- pro-palestinian statements to her and it destroyed their friendship. she moved out of her dorm and now she lives with her grandmother on the upper east side because she doesn't feel safe on campus. it is terrifying. >> dana: incredible moment and story. we'll continue to bring all of it to you. [chanting and shouting] >> martha: anti-israel protests -- she said he was stabbed in the eye at yale. the school allowed anti-israel students to run rough shed over their most basic policies. yesterday i paid a price for their inaction. yale student needed hospital treatment for that injury and doing well now, which we're

happy to say and joins us now. welcome. it is good to have you with us. your piece is very moving on the free press this morning. what was going on when you were there? what did you see all around you and what happened? >> sure, of course. over the past week or so at yale, anti-semitic student protestors have taken over a central plaza on our campus setting up a tent encampment, among other things. pictures to commemorate terrorists and this culminated in multiple nights of overnight encampment in the central plaza and protests with hundreds of people. i think it was 500 when i came on saturday night. as soon as i was identified with my friend, who wears a black hat as visibly orthodox jewish students i was immediately blockaded by protest organizers and everywhere i walked there

was a line of protest organizers standing in front of me linking arms so that i could not walk forward. the rest of the students at the rally noticed this. the other 500 students at this violent rally, and they saw me and so they began to taunt me as well because they recognized that i was something that they view as an enemy. finally the taunting continued and escalated and i was just there to record them. the taunting escalated until somebody waved a palestinian flag in my face and jabbed me in my left eye. when i tried to run after him the human blockade of protest organizers continued to stand in front of me to stop me from catching my assailant. so i went to the hospital. >> martha: it is extraordinary. it is stunning. we're looking at the banner they are holding up and liberation. there is a great irony. right behind it is a memorial on campus to those who fought --

the letters behind this banner say in memory of the men of yale who true to our traditions, gave their lives that freedom might not perish. what do you think about that and what do you think about what the leadership at yale is up holding today? >> this plaza is -- includes a world war ii memorial and a couple of nights ago hundreds of students cheered and screamed viva, viva palestinian as they tore down the american flag from the flagpole and it took days for them to face minimal repercussions. today some were arrested and then they were released to return to a protest. >> martha: we're looking at these scenes. prominent in many of them in these videos are watermelons. if you could explain the meaning of that to us and also the chanting from the river to the

sea, we know studies were done back in december that showed that many of the people who were saying it had no idea what river and what sea. >> sure. we've seen the watermelon all over campus. it is supposed to be a symbol against the jewish people and in favor, like all the other symbols the students are using in favor of violent, terroristic acts against jews in the state of israel as a form of liberation. these students have chanted there is only one solution, intifada revolution, which is a direct reference to uprisings that included suicide bombs in israel and killed civilians. after october 7th they celebrated and, of course, justified these events en masse. i know those students, i just recognized one of them from class. this is really painful to

realize that your peers have joined the nazi party. >> martha: stunning and very personal for you. it is -- i feel for you and we are glad your eye is okay. i know your mother had her eye injured in iran in a not dissimilar situation. thank you for your bravery and thank you for coming to talk to us. >> god bless you. >> dana: the trump criminal trial underway and we have news out of there. the prosecutor delivering opening statements for the d.a.'s office and says this case is about a criminal conspiracy and a cover-up. the judge offering a lot more things including juror instructions. the jurors do appear to be listening attentively to merchan. there is also information about how the judge told the jury that indictment is not evidence. then explains the whole evidence process. the defense is not required to

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>> martha: this is moving right along. in the middle of opening statements in new york city at the criminal trial for former president donald trump and the prosecution has said this is -- when he speaks to the jury saying it is a criminal conspiracy and cover-up. james freeman, assistant editor for the "wall street journal" editorial page joins us for his reaction as we get rolling. >> good to be here, thanks. it is not a crime what they are covering up. the prosecutor is talking about a conspiracy to do a cover-up of what? something that is not a crime, non-disclosure agreements are legal and this has been very clear-in-law and it has always been tried in court. the government cannot say whatever it wants are campaign expenses. it has to be stuff directly tied to campaigning. television ads, hiring staff. if i buy a new suit to look good and impress voters and influence

their choices, i cannot call that a campaign expense. >> dana: nbc poll from the weekend. on all of these particular issues handling of crisis, strong record as president, competent and effective. necessary mental and physical health and president trump is up over biden on all of those. yet here are the democrats debating whether biden should debate trump. >> whenever i look at donald trump's debating style he lies and lies and lies and so hard to respond to that in the middle of a debate. i also think that joe biden is a terrific debater. >> it is hard to take donald trump seriously on the issues on debates. he didn't debate once in the republican primary. >> dana: neither did biden, right? r.f.k., jr. was saying debate me. i don't know if that argument holds water. president biden is the first

president in living meme meme re that has never given a sit down interview with the oval office with any of the major media in 3 1/2 years. do you think he will debate? >> i don't think he will. i think a lot of people in our industry will let him get away with it because it is trump. just as these law fare cases -- these never should have been brought or never brought against any other defendant and i think these cases are going to be taken more seriously than they should be because it is trump. i think that's what ought to disturb a lot of people is how much the -- in this case the democrat party will take and get away with if the defendant is not popular or is controversial. so no, i think president biden perhaps wisely is going to avoid debates and it is the law fare strategy. he is losing on every issue.

>> martha: networks have said they want the candidates to debate and i hope they strand strongly on that. the polling that dana brought up. necessary mental and physical health trump is plus 19 in that category. thats the most revealing part of why they don't want the current president to get up on that stage. >> the few press conferences he has done it doesn't end well. in some cases it is dangerous where staff has to walk back a foreign policy statement. generally voters think he lacks the mental sharpness for the job. >> dana: thank you. a busy monday. we are glad to have you here. speaking of president biden fox news alert. president biden is set to depart the white house an hour from now doing a campaign stop focusing on green energy and younger voters. he will leave the white house. beautiful day in washington, d.c. we'll be right back. turbo-hybrid... (♪)

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>> harris: tough news for president biden. he is losing to trump when voters with asked this question, who has the superior mental competency and physical health to be president? why is biden crippling women's sports with a rewrite of the history-making title ix. we'll begin. realtime updates from producers inside the courtroom on this huge day for donald trump. ari fleischer, pete hegseth and andrew she kowski, "the faulkner focus" top of the hour. >> dana: president biden hoping to grow trees and voter base visiting a national park hoping to get support from climate-minded youth voters. don't they already have him? >> well maybe. but there is always more to do and president biden thinks that he can get enough solar panels to low-income communities to save families $4 hundred each

every year on energy costs. >> president biden: happy earth day. the work we must do to protect our future generations and continue the historic progress we're making. and today for the first time, americans can apply to join my american climate corp so everyone has a pathway to a clean energy career. >> now poll finds only 5% of voters out of 100 think climate change is the most important issue facing the country now. the democratic allies are hoping he keeps using climate events to get young people more interested in november's election. >> the president gets back by doing what he is doing, showing up, talking about his record, addressing things like climate change, which are incredibly important issues for young voters along with many others obviously. making sure that young people feel included in the conversation, not just as a vote, but as part of the governing coalition going

forward. >> we hear president biden say all the time when he thinks of climate change he thinks of jobs. he is claiming the $7 billion worth of climate awards he will announce will create 200,000 new jobs. that hinges on everything going according to plan. as we have seen recently with the government's plans for electric vehicles and charging stations, the plan is hard to get to, dana. >> dana: it is. today at perino in politics i will talk to daniel turner, amazing discussion on the other side looking at it from an energy worker perspective. we'll have that tonight and tomorrow morning. thank you. beautiful day at the white house. >> bill: happy earth day. >> martha: the prosecution is reading open statements in trump's criminal trial and we are just getting some color what's going on in there in terms of back and forth between the attorneys as they listen to the opening arguments here as he goes through it. saying this case is about a criminal conspiracy and a cover-up, dana. >> dana: a couple of other

things in here. apparently at one point president trump nudged one of his lawyers to look at a piece of paper and whatever was on the paper and laughed and trump turned to to the other one and he nodded. talk with your lawyers to communicate. from inside the courtroom he has been looking straight ahead the whole time. they did read the transcript of that access hollywood tape. it won't be played so it had to be read by the district attorney folks in there, martha. >> martha: interesting they included that in their opening statement as well. >> dana: it was a heck of a monday morning to get us started on a busy week. we have you covered with all of the breaking news from the universities across the country dealing with anti-semitism and, of course, the trump trial. martha, thank you. see you at 3:00. here is harris.