LIKE THAT. THAT'S A LOT. TREY GOWDY, THANK YOU. THANK YOU FOR WATCHING "THE FAULKNER FOCUS." "OUTNUMBERED" NOW. NOW. >> THEY ARE DELIVERING RIGHT NOW ON TRUMP NEW YORK CRIMINAL TRIAL. IT IS THE FIRST CRIMINAL CASE EVER BROUGHT AGAINST A FORMER U.S. PRESIDENT. AND NOW, IT WAS IN THE HANDS OF THE JURY. TRUMP IS FACING 34 FINALLY COUNTS OF FALSIFYING BUSINESS RECORDS AND WE WILL BE MONITORING THE DELIBERATIONS ALL HOUR LONG AND WE WILL BRING ANY APPLICANT ANY QUESTIONS THEY MAY ASK THE JUDGE WOULD BRING THE RIGHT TO YOU AS THEY TRY TO REACH THIS HISTORIC VERDICT. HOWEVER WHAT THIS IS "OUTNUMBERED." I AM HERE WITH EMILY COMPAGNO AND KAYLEIGH McEANY AND HARRIS FAULKNER. ALSO JOINING US TAMMY BRUCE, AND "FOX & FRIENDS" COHOSTS AND "FOX & FRIENDS" HOST OF "FOX & FRIENDS," ALSO A HOST OF ONE NATION OF COURSE I AM REFERRING TO BRIAN KILMEADE. BEFORE DELIBERATIONS BEGAN, THE JUDGE REMINDED THE JURIES OF THE FILE TO BE FAIR. THIS INSTRUCTIONS HE HAD TOLD THE JURY TO PUT ASIDE ANY BIASES CONSIDERING ALL THE FACTS AND ANY FRUIT OF GROUPS MUST BE BEYOND A REASONABLE DOUBT THAT IS THE CRIMINAL STANDARD IT IS A HIGH STANDARD TO REACH INDEED. MOMENTS AGO, WE HAD THE FORMER PRESENTS BECAUSE AT THE EQUIPMENT HERE IS WHAT HE SAID. >> I WOULD SAY, AND LISTENING TO THE CHARGES FROM THE JUDGE, IT IS VERY CONFLICTING. AND ALSO CORRUPT. BECAUSE OF THE CONFLICTION, THEY HAVE A CORRUPT. MOTHER TERESA CANNOT BE DISCHARGES. DISCHARGES ARE GROUPED, THE WHOLE THING WAS RIGGED. THIS IS ALL BECAUSE A PRESIDENT BIDEN. >> LETS BEEN GOOD FOX NEWS AND CORRESPONDENT SHANNON. SHANNON, I HAD BEEN READING YOUR NOTES ALL MORNING THEY HAD BEEN COMING IN WITH VAPIDITY, AND THEY ARE FASCINATING TO ME, THEY SAY THAT THE CHURCH WAS SPEAKING SLOWLY AND IN A SOFT TONE. YOU MENTIONED THAT IT COULD BE A YOUTUBE SLEEP ELUDED SETTING THE SCENE IN THE TONE OF WHAT THE JURY WAS HEARING, BUT NEVERTHELESS I'M UP AT THE JURY SEEMED ENGAGED IN THE REVERSING AND ATTENTIVE ROOM SEEMING TO TAKE THIS RESPONSIBILITY AND NOT AN OVERNIGHT MANNER. >> LEFT, THE JUDGE EVEN REFERRED TO ONE SPECIFIC JURY, IT HAD TAKEN MULTIPLE NOTEBOOKS WORTH OF NOTES BECAUSE THEY ALWAYS INSTRUCT THE JURY ARE REPLICABLE WITH THOSE NOTES, FOR YOU AND YOUR RECOGNITION AND ARE NOT USED TO SWEAR THE JURY AND IF AND IF THEY ARE IN CONFLICT WITH OF COURSE THE TRANSCRIPT OR SOMETHING ELSE YOU HAVE TO GO WITH THAT. BUT HE ACKNOWLEDGED THE PEOPLE HAVE BEEN ATTENTIVE HERE AND WE HAVE BEEN GOING END UP IN TRYING TO REALLY TAKEN WEEKS AND WEEKS OF TESTIMONY THAT COMES OUT OF THIS. THEY ARE OFFICIALLY UNDERWAY WITH THE DELIBERATION THE JUDGE HAS GUIDED THEM IN THE THEY SHOULD APPLY THE ROCK IN THE GOOD AND WE KEEP THINKING ABOUT HOW WE FINALLY GOT TO THE UNDERLYING ISSUE THE UNDERLYING CRIME AND IT SEEMS THAT THE JUDGE IS GIVING THE JURY A LOT OF LEEWAY TO FIGURE THAT OUT. HE TALKS ABOUT FEDERAL ELECTION VIOLATIONS WILL BE DIDN'T HAVE AN EXPERT TO TALK AND FEDERAL ELECTION VIOLATIONS, OR FOR TAX VIOLATIONS OR FOR OTHER FALSIFIED BUSINESS RECORDS. SO HE IS SENDING THE JURY OFF WITH THE TASK OF FIGURING OUT INITIALLY WERE THE FALSIFIED DOCUMENTS HAVE DONE, AND THE UNDERLYING CRIME AND HERE YOU GO, SOMETHING WE HAVE NOT HAD A TESTIMONY ABOUT. VERY LITTLE IF AT ALL. >> Kayleigh: WHAT IS HAPPENING RIGHT NOW I WANT YOU TO TAKE US INTO THE ROOM, BUT HAVE NOT SPOKEN ABOUT THE CASE, THE JUROR, I WAS LISTENING TO A FORMER ATTORNEY WHO SAID I WENT INTO THE ROOM THINKING I WAS GOING TO BE THE LEAD ON THIS CASE I KNEW WITH THE FACTS MATCH THE LAW AND I'M LIMITED IN THE GOD WHO WASN'T EVEN A LAWYER CONVINCED ME OF THE DIFFERENT. SO RIGHT NOW IT'S A MEETING OF THE MIND AND YOU CAN'T PREDICT THE ROTORS COULD BE BOOTED OR IT COULD ELSE. >> RIGHT, WE HAVE BEEN BOOTED MANY TIMES WHAT IT MEANS THAT THERE ARE TWO ATTORNEYS ON THIS CASE. NO ONE BEST CIVIL LITIGATION, I AM NOT SURE ABOUT THE OTHER ONE BUT WHAT ROLE WILL BE A HALF? THE CASE HAS BEEN CONFUSING AND WE HAVE ALL SAT AROUND IN THE COURTROOM, AND ALSO ABOUT DEBATING WITH THIS CASE IS GOING AND WHAT IT MEANS THAT IF WE HAD SOME CONFUSION ABOUT THAT, IMAGINE JUROR, CYCLOPROPYL LIVE FROM THE BUSINESS AND THEIR KIDS AND ALL THOSE THINGS, FOR WEEKS TO DO THIS, IS IT ANY CLEARER T? WILL THEY HAVE AN OUTSIZE ROLE? GOD AND PEOPLE THROUGH THE JURY INSTRUCTION WHICH AGAIN NOTED MOMENTS AGO, BUT DID NOT GIVE THEM IN PERSON, WHICH MEANS THERE WILL BE FORCED TO COME BACK TO THE JUDGE AND ASK QUESTIONS WHEN THEY HAVE THEM. THEY DON'T HAVE THEM IN WRITING. ALL KINDS OF CONSIDERATIONS COULD HAPPEN AND IF THEY HAVEN'T DISCUSSED THIS, WHEN BEGINNING THE RIGHT NOW THEY ARE ALL KIND OF UNLOADING, THERE'S A BIT OF A RELIEF, NOW WE CAN TALK AND LIPSTICK OUT. LET'S FIND OUT WHERE EVERYONE IS AN LOGIN BRUSH AND LET'S STOP MOVING AND WE KNOW IT'S A DIVERSE GROUP'S FIVE BACKGROUNDS AND KIDS AND NO KIDS ARE MADE OF CAREER PERSON. SO WILL BE INTERESTING TO SEE WHERE THEY'LL COME TO. START THE FRIDAY AFTER THE SUPREME COURT CASE THEY COME IN AND TOOK A BOAT AND THAT'S THE FIRST TIME YOU FIND OUT WHERE THE JUSTICES ARE. THAT IS WHAT'S HAPPENING NOW, THE FIRST TIME GOING AROUND THE ROOM AND BUILDING A SIGH OF RELIEF AND EXHALING THING NOW WE CAN FINALLY TALK WHERE DO WE STAND. >> Kayleigh: TO BE A FLY ON THAT WALL. IT WOULD BE QUITE INTERESTING. MICHAEL COHEN, IS DESCRIBED AS AN ACCOMPLICE AND USE OF THAT THIS COULD MUDDY THE WATER FOR JERRY'S BUT WAS A CRIME THAT MICHAEL COHEN WAS CAUGHT DOING, BUT JUST THE WORD ACCOMPLICE SEEMS HIGHLY CHARGED IN A WAY, PUTS TRUMP IN THE LIGHT THAT THE JUDGE MAY NOT BE INTENDING TO PT HIM. >> AND THIS KEEPS GOING BACK TO THE FACT THAT HE'S GUILTY PLEA WAS ALLOWED IN ON THE ISSUE OF FEDERAL ELECTION VIOLATIONS. IN THE JUDGE RIGHTFULLY GIVE THEM THE INSTRUCTION, AND THAT IS PART OF THE CONVERSATION IN CASE AND PART OF THE WITNESS' STORY, BUT YOU CANNOT USE IT AS A CONSIDERATION OR TO FIND GUILT FOR TRUMP, BUT WHEN YOU USE THE WORD ACCOMPLICE, TYPICALLY THAT IS THE RIGHT WORD BUT YOU HAVE TO THINK ABOUT HOW IT LANDS WITH THE JURY BECAUSE IF THEY SAY TO THEMSELVES WAIT A MINUTE, HE HAS PUT GUILTY TO SOMETHING HE WAS AN ACCOMPLICE WITH WHO? TRUMP? HE'S ALREADY GUILTY, THERE'S JUST A POSSIBILITY FOR CONFUSION THERE AND AGAIN THAT'S WHERE THEY INSTRUCTIONS ARE HELPFUL TO HAVE IN FRONT OF YOU AS YOU ARE GOING THROUGH EACH SINGLE WORD AND WHAT THEY'RE SUPPOSED TO DO AND HOW THEY WILL FOLLOW THE LAW BUT ALSO MAKES ME THINK THOSE TWO ATTORNEYS ON THE JURY, MAY END UP GETTING A LOT OF QUESTIONS THAT THEY MAY HAVE AS WELL FROM THESE OTHER JURORS. >> Kayleigh: FASCINATING ANALYSIS THANK YOU. BRIAN, I WAS WITH HIS FASCINATING REPORT TODAY A POLITICAL PLAYBOOK HAD AT THE TOP THE LIST FROM MIKE CAVUTO. AND WHAT IS INTERESTING ABOUT IT IS WE'RE ALL TRYING TO READ EVERY ARM MOVEMENT TOWARDS WHICH OF EVERY JUROR, TO GET THE SUNLIGHT AS TO HOW PEOPLE ARE STANDING ON THE CASE BUT I WAS INTERESTED BY ONE JUROR IN PARTICULAR, AND I SAID IF IT'S A HUNG JURY IT'S BECAUSE OF THERE'S ONE PERSON WHO MADE FRIENDLY EYE CONTACT WITH TRUMP FROM TIME TO TIME, APPEARED TO NOT ALONG WITH THE DEFENSE AT TIMES. APPARENTLY THIS FACE LIT UP WITH A SMILE AND EFFECT WHEN THE HEATED EXCHANGE TOOK PLACE WITH TODD BLANCHE AND MICHAEL COLLINS HE SUPPRESSED A SMILE. AND THAT'S TOP OF THE PLAYBOOK THIS MORNING EVERYTHING TO YOU BECAUSE IT'S INTERESTING WE ALL TRY TO DISCERN HUMAN BEHAVIOR LEADING TO IT BUT NONE OF US HAVE ANY IDEA WHAT HAPPENED. >> Brian: BECAUSE WE DON'T KNOW THE SEVEN MEN AND WOMEN WHO ARE ON THE JURY. I DID READ THAT TODAY. AND IF THEY GET A HUNG JURY THEY SAY THEY HAVE NOT -- THEY KNOW EXACTLY WHO IT IS. THE HEAD OF CLOSING ARGUMENT IS THAT IT'S GOOD TO BE TOUGH TO GET AN ACQUITTAL SO WE WILL SEE WHERE IT GOES. WITHIN McCARTHY JUST TALKING TO THE RADIO, I THINK YOU HEAR US TALK TO THEM AS WELL. HE'S CONCERNED ABOUT THIS ONE INSTRUCTION IN PARTICULAR. YOU DON'T NEED TO ALL AGREE ON WHAT OCCURRED ON THE SECOND CHARGE, SO YOU HAVE THREE CHOICES IF YOU ALL AGREE FOR A DIFFERENT SECOND CHOICE IT IS OKAY. MY GOODNESS YOU ARE GIVING MULTIPLE CHOICE ON THE CONVICTION OF A FORMER PRESIDENT OR ANYBODY, THAT TO ME IS A BRAND-NEW BALL GAME HE IS NEVER HEARD OF THAT. WE'RE WAITING FOR THE SECOND CHARGE AND NOW WE DON'T EVEN THINK THAT THE JURY HAS TO AGREE UNANIMOUSLY WHAT THE CHARGES. THAT IS INSANITY. >> Kayleigh: IT COULD BE A SIX AMENDMENT VIOLATION. THE REAL QUESTION HERE IS ON APPEAL EXACTLY. EMILY, I WAS INTERESTED BECAUSE JONATHAN TURLEY CALLED THIS THE MICHAEL COHEN CHART, YOU AND I HAVE TALKED ABOUT IT PREVIOUSLY HE SAID THE JUDGE JUST SAID IF THEY FIND ANY WITNESS THAT HAS TESTIFY WITH REGARD TO ANY MATERIAL FACT, FALSELY THEY CAN DISREGARD THE ENTIRETY OF THE TESTIMONY OF THE JUDGE ALSO SAID YOU MAY CONSIDER DID THE WITNESS HAVE A BIAS, THESE SEEM TAILOR-MADE FOR THE STAR WITNESS. >> Harris: AND THAT IS THE JUDGE CITING STATUTORY LAW HERE, I ECHO YOUR CONCERNS. I AM SHOCKED AT THE VAGUENESS HERE AND THE LACK OF SPECIFICITY. WHEN YOU THINK ABOUT HOW WE PROCEED THROUGH LIFE EVERYTHING FROM YOUR ROLE AS A EMPLOYEE TO THE CONCEPT OF BEING A CRIMINAL DEFENDANT IN THE SYSTEM YOU ARE AFFORDED EVERY PROTECTION AND THAT BEGINS WITH SPECIFICITY. WE HAD THOUGHT WITH ONE OF MY BEING FACED WITH, WHAT ARE THE CHARGES, WHAT DO I KNOW? WE HAD THAT AT EVERY OPPORTUNITY THAT HAS BEEN TAKEN AWAY FROM TRUMP AND IT IS MIND-BOGGLING TO ME THAT IT CONTINUES THROUGH ON THE JURY INSTRUCTION AND APPARENTLY THE ADDITION OR CALCULATION OF THAT POTENTIAL GUILTY VERDICT THIS IS SHOCKING TO ME THAT THE JURY COULD COBBLE TOGETHER SOME TYPE OF GUILTY VERDICT ON THE AMORPHOUS CHARGE INCLUDING THAT TEXT THAT I FOUND ALARMINGLY VAGUE AS WE HAD THE PROSECUTION SAYING ONLY LEARNED OF THE PROSECUTION SAID YES OR NO, YOU DON'T EVEN HAVE TO UNDERPAY YOUR TAXES TO BE GUILTY THIS JURY HAS BEEN SPOON-FED WHILE GUILTY MEANS IN A CAKE OF VAGUENESS AND ESSENTIALLY SAID VOTE WITH YOUR CONSCIOUS BECOME TO A CONSENSUS. I AGREE WITH YOU, I FIND IT DISHEARTENING AT A MINIMUM, AND I AM NOT EXPECTING A GUILTY VERDICT BECAUSE ON THE SHEER MATH OF IT ALL HOW CAN YOU NOT. THE MIRACLE OF AN ACQUITTAL AND THE COMMON SENSE AND ACCURACY THAT WOULD BE WOULD BE TRULY ALL OF THE JURY WRITING ABOVE THE TABLE AS LAID BY THIS PROSECUTION WHICH IS SO UNFAIR AND UNCONSTITUTIONAL TO MY OPINION AS TO SUPERSEDE ANYTHING HISTORICAL. >> Kayleigh: BARE PLENTY OF QUESTIONS THAT COME TO MIND BRIAN RAISED ONE WHICH IS NOT KNOWING THE SECOND CRIME OR HAVING TO AGREE ON THE SECOND CRIME ANOTHER THAT COMES TO MIND IS MATEUS MICHAEL COHEN IN THE GUILTY PLEA OF THE FEDERAL ELECN LAW, BUT HOW MANY TIMES HAVE WE HEARD ABOUT THE GUILTY PLEA AND YOU EXPECT JUROR TO PUT IT IN A DIFFERENT PLACE. >> Harris: THIS SO MUCH THEY SAID ABOUT THAT BECAUSE THERE IS ONE ACCUSE COCONSPIRATOR IN FRONT OF YOU. IT DOESN'T MEAN THAT YOU CAN USE WHATEVER YOU KNOW ABOUT THE OTHER GUY AGAINST THE PERSON SITTING IN FRONT OF YOU. WHICH IS COMPLICATED BECAUSE MOST OF US AS HUMAN BEINGS GO BASED ON WHICH ONE OF THESE IS NOT LIKE THE OTHER. SO IF THEY'RE THE SAME, THEY CANNOT SEPARATE THAT NECESSARILY ESPECIALLY UNDER THE DURESS OF A HOUR-LONG INSTRUCTION. FROM THE JUDGE. AND THEY CAN'T HAVE NOTES OR HAVE THAT IN FRONT OF THEM. YOU KNOW CONTEMPORANEOUSLY. IT WAS JUST A LOT. MY QUESTION NOW COMES FROM ONE OF THE EMAIL CHAINS TODAY FROM THE TEAM. SHE SAID IF IT IS A MISTRIAL SHE WANTS TO KNOW, AND BY THE WAY THE JUDGE DECIDES, THE JURY CAN'T CALL THEMSELVES A MISTRIAL THEY CAN SAY WE CANNOT AGREE AND THEN THE JUDGE DECIDES WHETHER OR NOT THAT'S THE CASE SO WHAT THE JUDGE SAYS IS THAT HOW MANY TIMES WITH THE JUDGE SEND THEM BACK TO TRY TO REACH AN AGREEMENT SHE SAID IN HER EXPERIENCE, IT'S ONLY BEEN ONCE AND REALLY TWICE SHE DOESN'T KNOW WHAT THIS JUDGE SO THAT IS ONE QUESTION ABOUT ALL OF THIS BOOK QUICKLY ABOUT THE POLITICS. BECAUSE YOU GUYS ARE ALL TALKING ABOUT HOW MANY CHARGES AND EMILY LEACH IS LAID OUT A COMPELLING LOOK AT HOW THERE'S A LOT OF PITFALLS FOR FINDINGS OF ANY GUILT IN THIS SCENARIO BECAUSE THEY CAN MAKE STUFF UP, THERE'S THIS LAW AND THE CHOICE, LET'S USE MICHIGAN OR WHATEVER, SO THE PROBLEM WITH THIS IS WHAT IS THE GOAL? TO MAKE SURE HE CANNOT GO AGAINST PRESIDENT BIDEN, IF YOU LOOK AT IT AS A PUREST SENSE, ALL HE HAS TO SAY IN THE POST VERDICT SPEECH, PRESIDENT BIDEN, THAT HE IS GETTING READY FOR NOW, I DON'T KNOW HOW HE HAS THE TEA LEAVES, BUT HE IS GETTING READY HE'S GOING TO GET IT HE WANTS TO SAY THE WORD CONVICTION. AND I DON'T THINK IT MATTERS WHAT HE'S CONVICTED ON, OR WHICH CHARGE OR HOW MANY PEOPLE AGREE OR HOW MANY TIMES THEY HAD TO GO BACK, HE WANTS THAT WORD. ON THE LEFT, THEY ALL WANT THAT WORD SO THEY CAN FORCE THE RIGHT TO STUMBLE IN TIME. AND WHAT WILL THAT EVEN MEAN? IF IT DOESN'T MATTER TO VOTERS? THE PRESIDENT BIDEN IS COUNTING ON THE FACT THAT IT MIGHT. >> Tammy': THEY WANT TO BE ABLE TO SAY CONVICTED FELON THEY WANT THAT FOR THE DEBATE. IN THE STRANGE THING IS, AS CHANGE AS ANY ROBERT DE NIRO, WITH EVERYTHING WE'VE SEEN WITH HOW THE AMERICAN PEOPLE RESPONDED TO THIS UNFAIRNESS, WE DON'T LIKE UNFAIRNESS THE COUNTRY IS BUILT ON A BLIND JUSTICE SYSTEM. WE HAVE TO BE BECAUSE WE COME FROM SO MANY DIFFERENT PLACES AND HAVE SO MANY DIFFERENT BACKGROUNDS, BUT I THINK YOU HAVE A DYNAMIC WITH THE BIDEN ADMINISTRATION THAT FINALLY UNDERSTOOD THE POLES, WE DO SEE THE FREAK OUT AS CHIEF POLITICAL NOTED, AND THEY ARE PANICKED BUT WHAT THEY NOW NEED TO DO OF COURSE, AND THEY ARE JUST IGNORING AND HOPING, IT'S LIKE A HAIL MARY PASS THAT MAYBE SOME INDEPENDENCE WILL PEEL OFF. MAYBE CERTAIN DEMOCRATS WHO ARE POPULOUS, WILL PEEL OFF. IT WAS A HORRIBLE POSITION FOR ANYBODY TO BE END FOR BOTH PARTIES BUT IT IS MOST HORRIBLE FOR THE AMERICAN PEOPLE AND WHAT THEY'VE DONE TO THIS COUNTRY, IN THIS PROCESS. >> Brian: IS CONVICTED THE LIKELIHOOD FOR VOTING FOR TRUMP, MORE LIKELY 11%, LESS LIKELY 21%, NO DIFFERENT 65%. AFTER DECIDING ELECTION. >> A LOT OF THIS HAS BEEN BAKED AND WHETHER AN INDICTMENT OR ANY OF THESE CASES, WE WILL SEE BUT WHAT WE DO KNOW THE JURY IS DELIBERATING AT THIS VERY MOMENT AND THEY DO NOT HAVE THE JURY INSTRUCTION IT'S ANDY McCARTHY'S SAID WE WILL HAVE A WINDOW INTO DELIBERATIONS AS THEY ASKED THE JUDGE? MAYBE ASK THEM NOTHING IS SOMETHING WE WILL LET YOU KNOW. WE CONTINUE TO MONITOR DELIBERATIONS IN NEW YORK THIS
