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lq.com. I'm

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Jessica Rosenthal.

0:31

Gas prices are headed in the wrong direction.

0:33

And on top of the cost of everything

0:35

else, it's frustrating Americans. But

0:37

what can president Biden do about it now? And

0:39

will he do anything about the costs in an

0:42

election year? I think they're going to

0:44

pull out all the stops to do everything

0:46

they can politically to bring gas prices down.

0:49

Even though it'll probably be for

0:51

short-term political gain and not really

0:53

good for America. A jury's been

0:55

seated in the New York hush money trial

0:57

of former president Trump with many of the

0:59

jurors expressing not just open minds, but some

1:02

even said they don't have strong feelings about

1:04

the former president. Some people are like

1:06

into the business of getting through their days,

1:09

which they think is more important than like

1:11

Donald Trump and other stuff that consumes us.

1:14

This is the Fox News Rundown from Washington.

1:22

Gas prices are creeping back up. Heading into

1:24

the weekend, AAA had the average price per

1:26

gallon nationally at $3.67. That's

1:29

about where it was a year ago. And

1:31

people are frustrated, especially when they consider the

1:34

cost of all other goods. I mean,

1:36

that hurts. I'm like a handyman. So that's probably

1:38

half a job. You know what I mean?

1:41

So that means I just got to do

1:43

more jobs. Gas prices are ridiculous. You know,

1:45

I've been driving since I

1:47

was 16. I'll be 62 next month. It's

1:50

just ridiculous, the prices that we have.

1:52

So things have creeped up over time

1:54

and the grocery and gas bill is

1:56

still up there. Paychecks not rising. They're

1:58

staying the same. So eventually. White

2:00

House folksmen, and Korean Jean-Pierre said Friday they

2:03

were monitoring prices and noted

2:08

that the President had tapped into the

2:10

Strategic Petroleum Reserve before. We are focused

2:12

on securing energy supply and like I

2:14

said lowering prices for Americans. The

2:17

United States current record domestic

2:19

oil and gas production is helping

2:22

meet our immediate needs while

2:24

we make the historic investment needed to transition

2:26

into clean energy economy

2:28

but obviously we're going to continue to

2:30

watch the markets carefully. Economic

2:33

advisor to the President, Lael Brainard, was

2:35

also asked about what the President might

2:37

do to combat rising prices at the

2:39

Semaphore World Economy Summit. She said the

2:41

goal was to keep prices within current

2:44

ranges. We're keeping a very

2:46

close eye on gas prices

2:48

at the pump and also of course some

2:50

of the events in the Middle East. There's

2:53

geostrategic risk and we'll

2:55

continue to monitor. There

2:58

are of course things that

3:01

have been done in the past and we'll

3:03

continue to very closely monitor, make

3:05

sure that gas prices remain

3:09

affordable for so many American families going into

3:11

the summer driving season. It is an election

3:13

year and the President's Energy Secretary Jennifer Granholm

3:16

told The View this past week that the

3:18

President is obsessed with gas

3:20

prices and many analysts say he

3:22

should be. I know the

3:24

Biden Administration is already worried about it

3:26

and if you look at what

3:29

people are saying about gasoline prices

3:32

on the surge back up again back

3:34

to last year levels, they are not

3:36

happy. Bill Flynn is a Senior Account Executive

3:38

at the Price Futures Group and a Fox Business

3:40

Contributor. When you look at

3:43

the gasoline prices, it's only part of

3:45

the equation. When they go to

3:47

the grocery store, when they go out

3:49

to a restaurant, the

3:52

rising gasoline prices

3:54

is just more pain and

3:56

usually when you're feeling pain

3:58

at the gas pump And in

4:01

the grocery checkout line, you usually blame

4:03

the guy who's in charge. And

4:05

so I'm sure the Biden team

4:07

is probably losing a little bit

4:09

of sleep about these rising prices.

4:13

Yeah, Moody's analytics put out this report

4:15

that says they do think

4:17

President Biden will beat former President Trump in

4:19

the fall. But if gas prices get close

4:23

to $4, that the election will go to

4:25

Trump. What is it about gas

4:27

prices? That they have this much power? Or is

4:29

it kind of to your previous point that it's

4:31

more of a topper on an

4:33

economic pile? You know,

4:35

I think it's the topper. But seriously, I

4:38

think one of the most emotional

4:40

issues when it comes to finances

4:43

is people at the gas pump. You know,

4:45

and I get a lot of calls when

4:47

prices go up, oh, Phil, are they ever

4:50

going to come down? Because

4:52

it's so integral in the

4:55

part of people's lives. It's their jobs,

4:57

it's their happiness, it's their vacation. And

4:59

when it gets expensive, it really cuts

5:01

in. But when we talk about the

5:04

risk, the political risk, I

5:07

think more than any president in

5:09

history, President

5:12

Biden owns these high gasoline prices,

5:14

right? You know, we all remember

5:16

the stickers of President Biden pointing

5:19

to the gas price. I did that. But

5:22

when you look at President Biden's rhetoric

5:24

when it came to, you know, shutting

5:26

down big oil and, you know, putting

5:28

on new regulations and flipping everybody to

5:30

electric cars and basically blaming people, you

5:33

know, hey, if you don't like the

5:35

gas prices, it's your fault because you

5:37

didn't buy an electric car. That's

5:40

not going to play well on Main Street. So

5:42

I think they're going to have significant problems.

5:44

I agree with Moody's. And

5:46

I think they're going to pull out all the

5:48

stops to do everything they can politically to bring

5:51

gas prices down, even though

5:53

it'll probably be for a short term

5:55

political gain and not really good for

5:57

America. You say President

5:59

Biden. the urges more than any other president

6:02

maybe? I'm in modern times

6:04

writes, but you look at the the

6:06

profit sake that oil and gas companies

6:08

have made. Maybe twenty twenty three wasn't

6:10

as good a years twenty twenty two,

6:12

but they're still pretty high. And you

6:14

also look at. The number

6:16

of. Permits. That.

6:18

The by the administration has approved at the

6:20

same time Maybe they're not on. The Egan

6:23

approving as many leases or or I. Should

6:25

say selling as many leases on

6:27

but thera the permits are higher

6:29

under this administration than. The.

6:32

Previous one even if that's A and. You.

6:34

The he has no choice and and once you

6:36

have the least in enough a permit. I'm not

6:38

sure exactly how that works, but. You

6:41

know I'm I'm imagining the by the administration would

6:43

push back on you and say wait a second

6:45

You know oil companies are doing really well. There's

6:48

lots of permits for for drilling

6:50

crude. Production. In

6:52

twenty twenty three broke a record of is higher

6:54

than and twenty nineteen. Him

6:57

and you're exactly right in the

6:59

bathroom. And for hims good points

7:01

of these talking points and try

7:03

to convince Americans pay white American

7:06

energy a house or in fact

7:08

by our mental base gonna wipe

7:10

that are feed your daughter who's

7:12

trying to sit down fossil fuels

7:14

with you know what? It's all

7:16

misleading. Listen, President Biden can do

7:18

all he wants and try to

7:20

convince America of what he did

7:23

before. He couldn't penalize Us energy

7:25

industry and see him. you. Know

7:27

be make him record profits. Vera

7:29

War profiteers their gouging the with

7:31

the pump But the reality is

7:33

is that the record profits of

7:35

our worried about his record profits

7:37

that are being made him I

7:39

want. One of the

7:41

reasons why of Iran's oil

7:43

exports. Hit a secure hides

7:46

burrow bringing a more revenue. I'm

7:48

into Iran from oil prices then

7:50

they had it you know in

7:52

many many years. In a lot

7:54

of that is because of the

7:57

policies by the Biden Administration family

7:59

who and. Or sanctions right?

8:01

And generally we'll companies when

8:03

prices go up have to

8:05

make more money to to

8:07

continue to invest to meet

8:09

the man. That's how the

8:11

market works rights because you

8:13

don't invest when you're losing

8:15

money you pulled that and

8:17

the problem is is is

8:19

the by the administration with

8:22

their a record amount of

8:24

regulations, rats and slander of

8:26

the industry has discouraged investors

8:28

from investing in fossil fuels.

8:30

Which is gonna give more power

8:32

to our adversaries white Iran and

8:34

believe it or Map Venezuela. Or

8:38

yeah, speaking of societal, us. Sanctions

8:41

websites on such as they were just as

8:43

sweet as riots. I guess he's taking that

8:45

off the table. What is that signal in

8:48

Iraq and as even higher prices because of

8:50

that are that negligible. I think

8:52

it's negligible with the spending This This is the funny

8:54

thing. I mean when we talk about the sanctioned from

8:57

feminist wave of. The. Biden administration

8:59

desperately listed sanctions on Venezuela's so

9:01

the U S oil companies could

9:03

get in there and fix their

9:06

production. and even if they put

9:08

the sanctions back on, it's not

9:10

going to impact Venezuelans wales exports

9:13

at all. So it's kind of

9:15

the see the movies maneuver because

9:18

the been hidden administration is take

9:20

him a lotta heat for lending

9:22

I way and to get away

9:25

with murder in L A The

9:27

Us Oil. And gas industry. You

9:30

know the has a different

9:32

opinion on the by them

9:35

administration. In a record the

9:37

oil production were saying that

9:39

Bidens policies are creating the

9:42

energy crisis of the future

9:44

is happening Now people say

9:46

bite and record oil production.

9:49

People. Will realize the investment to

9:51

get their oil production did not

9:53

happen under Joe Biden. Okay, it

9:56

takes years. Three years. Literally years

9:58

to bring the sunlight. It

10:00

happened in the previous administration. Were

10:03

seeing signs that because of

10:05

the bite and administration's policies.

10:08

Energy production is going to peek in

10:10

the United States and start going down.

10:13

Were. Were locked in a see it

10:15

go down in some places like Opec

10:17

and places like that and so we're

10:20

going to be losing market share to

10:22

other countries and they don't produce. The

10:24

oil is cleanly as a do sure

10:26

at home. On

10:28

it's events and Iran in a silver

10:31

yard. a very fraught time, right? The

10:33

President told. Oil out of reserves after

10:35

Russia hacked. Is

10:37

things escalate in the Middle East? More

10:40

as ended up pulling a you have

10:42

Iran not as as he is awesome

10:44

proxy but Iranian forces taking over sits

10:47

in the strait of Hormuz. The just

10:49

saw that this past weekend how high

10:51

the prices go and that doesn't like

10:53

a fifth. Of global

10:55

oil production. Go through that

10:58

straight. At earth are some, it does have

11:00

done quite a bit. Okay, yeah are quite

11:02

a bit. I mean listen to your talk

11:04

about the Red Sea and if you talk

11:06

about. The. Strait.

11:09

of Hormuz which is right on the border

11:11

of I went to pay are threatening. This.

11:14

Week the shut down the of

11:16

if Israel attacks them it's more

11:18

than a quarter of of the

11:20

daily supplies and we could see

11:22

the mother of all price spikes

11:24

of that actually happened right? So

11:26

we do have to be on

11:28

guard and I think the market

11:30

is t seen it really easy

11:32

right now because you're shortfall that

11:35

this can be avoided but you

11:37

cannot risk off the table and

11:39

when we talked about Iran we

11:41

talked about the who the rebels

11:43

and we talked about Hezbollah. We

11:45

talk about. The. Major problems

11:47

in the world's. Most

11:50

of this has been caused. By

11:52

I ran funding these guys

11:55

right? India Only reason

11:57

I'm Ryan has the ability to.

12:00

I'm these guys is because the

12:02

oil production is hitting a six

12:04

year. So that

12:06

is the only reason that is

12:08

happening. If we were able to

12:10

shut down there will revenue the

12:12

world would be a more peaceful

12:14

place because these guys wouldn't have

12:16

the ability nord the some been

12:18

to carry out all these terror

12:20

acts of we've had the Whitworth

12:23

for the last year and it's

12:25

been getting worse. not better. Cells.

12:27

A disease exists. President doesn't wanna do

12:29

that right, is it? If you it's

12:31

a goal is to keep gas prices

12:33

down and. Oil. Is a global

12:36

commodity, right? Let's if we put it, On

12:38

the market. It's not like every country

12:40

gets to keep the for themselves. I

12:42

imagine he doesn't want. To.

12:45

Limits. Iran. Supply.

12:48

He wants to find may be other ways

12:50

to to punish Iran while still keeping the

12:52

oil flowing it. What? What Is that? A

12:54

fair. Thought. You.

12:57

Can bet your sweet oil barrel

12:59

on this is a whoop which

13:01

I get a little again. Joe

13:03

Biden. I. See to

13:05

see a team into office with

13:07

this false perception that he could

13:09

just you know ya with Saudi

13:12

Arabia and poem a pariah state

13:14

and weekend you know just yell

13:16

with the Us Oil and Gas

13:18

industry We can tell people within

13:20

bathroom and fossil fuels in a

13:23

we're going to put a new

13:25

regulations was in a till the

13:27

Keystone Pipeline we're gonna put on

13:29

you know massive thrilling regulations on

13:31

on on some small oil producers.

13:34

It'll drive. Amount A business. But them

13:36

on the flipside is like what will

13:38

producers Come on guys, you're not doing

13:40

your product. You know you gotta be

13:42

Americans. It's like what do you what

13:44

right? You come up with regulations trying

13:47

to put these guys out of business

13:49

And them on the flipside that he

13:51

complain when they're not producing more oil

13:53

and keeping prices down, you can't have

13:55

it both ways. You either pro Us

13:57

Oil and Gas or your net. It's.

14:00

The Us Oil and Gas. I

14:02

don't think President Biden wants to go

14:04

on the campaign trail and say i'm

14:06

fro us oil in on oil and

14:08

gas production because it isn't through. See.

14:11

Wants to shut it down and

14:13

he's doing what he can. Then

14:15

when it's politically expedient, people use

14:18

oil and gas to his political

14:20

advantage, either by using the strategic

14:22

petroleum reserve to bring down gas

14:25

prices or you know, by Bieksa.

14:27

Basically, you know, slandering the oil

14:29

industry, or when things don't go

14:32

his way. Or this is

14:34

gonna ask yourself yell what tools as

14:36

he have You're saying this and the

14:39

oil reserves and maybe yelling at the

14:41

oil companies. but in a yard he

14:43

put sanctions on Venezuela. You don't have

14:46

sanctions on Iran. And. At

14:48

least when it comes sit sit oil. So

14:50

what? what Are the tools in the toolbox?

14:52

S For political purposes? You do want to

14:54

bring down prices down. You.

14:57

Have to change. Everything

14:59

you thought about energy and

15:01

everything you said about energy

15:03

when you came into office,

15:05

you have to acknowledge that

15:07

Us Oil and Gas. Production.

15:11

Is. The cleanest, most efficient,

15:14

Fuels and the work and that we

15:16

have to release Fossil fuels. I mean

15:18

and we have to embrace. Us

15:21

Technology. On to make

15:23

the world a safer place up for the

15:25

mean you can't do in energy transition. Would

15:28

you have to do it? Anyway,

15:31

We. Are we can supply energy? You

15:34

know, maintain global energy

15:36

security. Or because when

15:38

you don't, you see what happens. World

15:40

becomes a much more dangerous place. In

15:43

I'm saying that. The bad and

15:45

administration doesn't understand that right? The not a

15:48

think our if we just you know demonize

15:50

and tax the heck out of the oil

15:52

companies and we put up some you know

15:54

some windmills and then you know tell him

15:57

he really did by an electric car everything's

15:59

can feel. Hey but the the fact

16:01

is that there's a worked in the

16:03

real world in. I think his

16:05

mistakes are an energy is one of

16:08

the major factors in inflation among other

16:10

things cities done that is really hurt

16:12

his own Paulson and say so He

16:14

needs to retreat from the war on

16:17

fossil fuels and if he doesn't you

16:19

know he's gonna be a one term

16:21

president. Said. You want your

16:23

saw? Solicit this Tosic There was

16:25

a hearing on the Lng. Pause

16:27

Survivor an insatiable to pause on

16:29

exporting liquefied natural gas to non

16:31

free trade countries. For those who

16:33

were to wear Congressional hearing about

16:36

this on Thursday, Republicans are saying

16:38

this is sort of disastrous. It's

16:40

causing a lot of instability and

16:42

fear. Does Europeans are relying more

16:44

on our Lng because of Russia's

16:46

invasion of Ukraine and our our

16:48

companies they're making the natural gas

16:50

producing at. I should say. They

16:53

have a lot less certain see why

16:55

it. Why do this is this? Part

16:58

of. The. The Climate

17:00

Agenda. Especially in light of this

17:02

has that we are producing. So it's crude oil. It's

17:05

a political side show by Joe

17:07

Biden. Okay, and really of. I've.

17:10

Never seen a president is

17:12

that uses Us oil and

17:14

gas industry. He. Kicks him in

17:16

the teeth you know, for his own in

17:19

a political gain. The

17:21

L A exports that Europe desperately

17:23

needs because of their energy policies.

17:25

and Europe you know where they

17:28

became dependent on Russia for supplies.

17:30

Make them look into the Us

17:32

to fill that void. And.

17:36

With. Joe Biden. Wants

17:38

to do to the keys his

17:40

environmental base who say and hey

17:43

we're going to really look at

17:45

the impact of Lnc production and

17:47

exports. On climate

17:49

change. Well Joe I can see

17:51

the a lot of time. The

17:54

only reason the United States

17:56

was able to reduce their

17:59

greenhouse gas. Emissions by a

18:01

record amounts more than anybody

18:03

ever in the Paris Climate

18:05

Accord or in the world

18:07

is because of Lnc and

18:09

Us natural gas production. We

18:11

were able to. Replace.

18:13

Coal plants with people the shut it

18:16

down or we could burn it with

18:18

clean natural gas him even though it

18:20

isn't the. Perfect. Fuel

18:22

when it comes to greenhouse

18:24

gas emissions. it's the cleanest

18:26

fossil fuel in the world,

18:28

and Akins make dramatic change

18:30

itself. This. Is a

18:33

political football and it's of

18:35

we did. He was. A

18:39

kitten The T to the Us

18:41

Oil and Gas industry cause it

18:43

doesn't make sense. People make investments

18:45

in oil gas and they have.

18:47

We have themselves trillions over the

18:49

next couple years to meet demand.

18:51

When when you put in this

18:53

uncertain regulatory environment, people are afraid

18:55

to invest, and when people are

18:57

afraid to invest, it's gonna lead

18:59

to shortages and sharply higher prices.

19:01

So this is where we are

19:03

leaving with this. Is

19:05

as if you're saying you can't have it both

19:08

ways Like you either have to own it and

19:10

say look, yeah, we're going up higher gas prices

19:12

that sets them separate or go, we're going to

19:14

a cleaner you know, greener future without with it's

19:17

planet agenda or yes to say look, we need

19:19

to slow down and sort of embrace what we

19:21

have an oil and gas. Even if the goal

19:23

is to transition hit, we can't transition tomorrow. At

19:26

sounds like you're saying pick, pick one of the

19:28

other, you can't have both on your plate. You.

19:30

Can have open your plate and to be honest

19:33

with you, for the American people I can you

19:35

know I hope he gives up on this agenda.

19:37

Than. I'm Joe Biden me. Think.

19:40

He's trying to save the planet. He's.

19:42

That I mean his policy so far

19:44

have not reduce greenhouse gas emissions at

19:47

all. And if he thinks

19:49

electrifying the entire country is going

19:51

to make a you know less

19:53

carbon pollution, the fact is it's

19:55

not okay. It's gonna take years

19:57

you know with of building or

19:59

electric. His and Strip mining for

20:01

a blip the A Man M

20:03

Aluminum and in a redoing the

20:05

power grid that's gonna take more

20:07

fossil fuels and we've used you

20:10

know, probably since he Cultural Revolution

20:12

just to make that transition. So

20:14

we have to do this in

20:16

a smarter way. And the other

20:18

thing I would sell Joe Biden

20:20

in of the Strategic Petroleum Reserve

20:22

was never intended as a political

20:24

picky. best. Okay. That. Strategic

20:26

Petroleum Reserve was invented for

20:29

one reason. And one

20:31

reason only. To. Protect America m

20:33

our world partners in the event

20:35

of a major oil price disruption.

20:38

The. Live in Black resell many shares

20:40

the rules. Yes said. To be set to

20:42

be scared of the violent Insisted that the they

20:44

touted as to Russia invaded Ukraine by the hand

20:46

along that well and out why. Wrong in pillow,

20:49

wrong. This is this of that what they're

20:51

telling you, right? I'm sorry to a concerted.

20:53

I know, I thought it was what I'm. Really? Passionate about this

20:55

with the truth is no I was in

20:57

Er Bb so all he had to tap

20:59

it. You know it's. So.

21:01

Funny everybody thinks oh Joe Biden there was

21:04

one your claim he had the tab as

21:06

in boy if oil prices are one hundred

21:08

and thirty dollars a barrel Donald Trump would

21:10

have tap the to. Well I would argue

21:12

with oil prices under Donald Trump with never

21:14

hit one hundred thirty dollars a barrel. Can

21:16

probably wouldn't have been warned you crazy but

21:18

that's a different argument. Say. The.

21:21

Truth is is at in

21:23

October of. Or with

21:25

your was a before it's for two years

21:27

ago place I line up in October. Twenty

21:29

Twenty one. I'm. Right present

21:31

a guy that's half the reserve because

21:34

gasoline prices went up. Okay, that's when

21:36

he started playing with it for political

21:38

purposes. He also said he was trying

21:40

to send a message to Saudi Arabia

21:43

that if you don't listen to us

21:45

when we wanted you to race production,

21:47

we were going to you a lesson

21:49

and we were going to really swell

21:52

from I Reserve. Massive.

21:54

bad move number one there's no

21:56

way the united states can compete

21:58

with sorry Arabia using their strategic

22:00

petroleum reserve because it's going to

22:02

be empty and Saudi Arabia will

22:04

still be producing oil. And

22:07

I would argue that a lot of that oil

22:09

that they capped ended up getting exported to China

22:13

and Europe and other places. In

22:16

fact, US oil exports hit a

22:19

record high under Joe Biden, partly

22:21

because we were emptying our strategic

22:23

petroleum reserve. Now,

22:26

after the war, he capped it again.

22:30

But to be honest with you, even then I

22:32

would argue that there wasn't a major disruption

22:34

at that point. And so when

22:36

he released it before there was a major

22:38

disruption, he discouraged investment

22:41

in fossil fuels. And

22:43

because of that, even though short

22:45

term we brought down prices, if

22:47

you look three years down the road, because

22:49

the market was manipulated by the government, we're

22:53

not making the investments because the

22:55

market doesn't think we need the oil. When

22:58

they find out the strategic petroleum reserve is

23:00

empty and we're not getting that free oil,

23:02

you're going to have a shortage.

23:05

Phil Flynn, thank you so much for joining us.

23:08

Thank you so much. This episode

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is brought to you by ShipStation. If

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for your free 60-day trial. That's

24:01

shipstation.com, CodePod. The jury of former President Trump's peers that will hear

24:03

the so-called Hushmany case against

24:07

him was picked this week. It

24:12

includes a salesman from Harlem who will serve

24:15

as foreman, a businessman who enjoys listening to behavioral psychology

24:17

podcasts who says he does not have a strong opinion about

24:21

the former president. One juror works in

24:23

finance and said he thought the former president had done some good

24:25

for the

24:29

country saying it goes both ways. An

24:32

engineer from the Upper West Side also said he

24:34

didn't have strong feelings about the former president. A

24:37

technology worker said she has different views than the

24:39

former president but that it's a free country. An

24:42

education worker from Harlem said she tries to avoid

24:44

the news but that she appreciates former president's views

24:46

and that he's a free country. An

24:49

education worker from Harlem said she tries to avoid

24:51

the news but that she appreciates former president Trump

24:53

speaks his mind. But even

24:55

after all these people were seated, within four days,

24:57

the former president left the courtroom

24:59

to continue to rail against the case.

25:02

Justice is in jail. Here's the whole world

25:04

is watching this New York scam. He

25:07

also mentioned that criminal trial means he does not

25:09

get to attend Supreme Court arguments this

25:11

coming week in his immunity case. He doesn't

25:13

get to attend son Barron's graduation and he

25:15

doesn't get to campaign. That I'm not

25:17

in Georgia or Florida or North Carolina. Justice

25:21

is like I should be. It's

25:23

perfect for the radical left Democrats. That's

25:25

exactly what they want. This

25:28

is about election interference. That's all it's

25:30

about. He said, as he has all

25:32

week, that multiple legal scholars and writers have criticized

25:35

the case and Thursday afternoon emerged from

25:37

the courtroom holding a pile of papers,

25:40

presumably articles, as he read

25:42

the headlines from them. To the equal,

25:44

this is a long-being journal, and it's

25:47

horrible. But all of these

25:49

historians, legal experts, say

25:52

that this is not a case. And

25:54

the case is ridiculous. One

25:57

of those legal experts also thought it would take

25:59

a bit longer. to see the jury. I think

26:02

as late as the end of the

26:04

day on Monday, it really

26:06

looked like the process was bogged down.

26:08

Andy McCarthy is a former federal prosecutor

26:10

and Fox News contributor. Looking

26:12

back on it, I think probably Monday

26:15

wasn't representative of how jury selection was

26:17

going to go because the first

26:20

half of the day was really consumed by

26:22

legal argument. And then the

26:25

second half of the day, they finally got the jurors

26:27

in after lunch, but it was a slog. I

26:30

think sometimes you just have to

26:32

kind of get a rhythm and

26:34

kind of get it in gear. And they

26:36

had that by the second day. The one

26:38

criticism I had, I have a lot

26:41

of criticisms of Judge Murchard, but I thought he ran

26:43

an efficient

26:46

jury selection process. The thing I think I'd

26:49

say about it is I've been in a couple of

26:53

anonymous jury trials

26:56

as a prosecutor. And I get

26:59

the sense that he's not as experienced at

27:01

it as some. I don't think they

27:03

have as many anonymous jury trials in the state system

27:05

as we did in the federal system, but

27:08

you really have to be very careful about

27:11

not just concealing names.

27:15

You have to sort of go the extra

27:17

mile as far as identifying information is concerned.

27:19

And I was a little bit surprised at

27:21

the early reports of

27:23

how much information

27:26

was coming out that would make it pretty easy

27:28

to identify who the jurors were, even if you

27:30

didn't have their names. And you're

27:33

referring to that one woman who said

27:35

that she had already been asked by

27:37

her family members, are you being

27:40

questioned as a possible juror because

27:42

of some information that has gotten out? Yeah,

27:45

that's exactly right. And they had to

27:47

replace her in the end. And then

27:49

the judge since then has made an

27:51

order, I think is unconstitutional. He ordered,

27:54

he purported to order the media

27:56

not to report the

27:58

the. employers of

28:00

the jurors. Now, I want to

28:02

be clear, I don't

28:04

think the media should report the employers

28:06

of the jurors. I don't think there's

28:08

any reason to report that, but I'm

28:11

talking about constitutional law now, not, you

28:13

know, what prudence dictates, and I don't

28:15

think a judge has any authority to

28:17

tell the media what the

28:19

media can report when something's on the public record.

28:21

I just don't see that the judge has any

28:24

authority to do that, so we'll see if that

28:26

gets challenged. Andy, tell me,

28:28

there were questions for the jurors about how

28:30

they felt about Trump, as they follow them

28:32

on social media, have they been to anti-Trump

28:34

events. This question, through me,

28:36

are you a supporter of or belong to QAnon,

28:39

Proud Boys, Boogaloo, Oath Keepers,

28:41

Antifa? I mean, this really

28:43

got political, but if

28:46

they move so quickly through the process, I

28:49

wonder, was there some belief

28:53

in the jurors' answers that the jury,

28:55

that these potential jurors were being honest

28:57

about who they were, but maybe

28:59

even, and maybe I'm speculating here,

29:02

but did they maybe get a sense that

29:04

as polarized as we all think everyone is

29:06

about Trump, maybe some are less

29:08

so in the general population? Well,

29:11

I think that's a fair point. I

29:13

think sometimes because we're in

29:16

the business of news coverage, we

29:19

don't appreciate how vanishingly small the number

29:21

of people who are really into what

29:23

we are into is in this country.

29:25

You know, like on a good night,

29:27

Fox has the highest

29:29

ratings of any of the cable

29:32

news services, right? And on a

29:34

good night, you'd be lucky if

29:36

1% of the 330 million people in the United

29:40

States are tuned in, right? So that's

29:44

not a criticism of Fox, it's just the

29:46

way things are. Following us in other places, Andy,

29:48

don't worry about it. They're online, they follow us

29:50

all over the place. Yeah. I got it. Oh,

29:53

must be my Twitter. That's it.

29:56

So, but I just think that

29:58

like because we're so into, you know, politics

30:00

and news, we kind of sometimes presume

30:02

everyone is, and they're not. Some

30:05

people like into the business of getting

30:07

through their days, which they think

30:09

is more important than like Donald Trump and

30:12

other stuff that consumes us. I actually think

30:14

that's pretty healthy for us to see every

30:16

now and then. But I also think what

30:19

we ought to recognize here is

30:21

that part of the accelerated pace of this

30:25

is accounted for by the

30:29

work that went into developing the

30:31

jury questionnaire. That's

30:34

weeks and weeks of work that the parties do.

30:36

So when the jurors come in, you don't have

30:38

to start from scratch asking them everything.

30:41

They fill out a, is it

30:43

42 questions with like 8 zillion sub-questions that

30:45

they had to fill out? And

30:48

once they've done that and the lawyers can flip

30:50

through it, you know an awful lot about these

30:53

folks and maybe we just didn't

30:56

appreciate how much that would

30:58

accelerate the process. One

31:00

little inside baseball thing on this, there's

31:02

kind of two ways of picking a

31:05

jury. I mean, there's a bunch of

31:07

different works, but there's, in cases like

31:09

this that I've been involved in, there's two different

31:11

ways of doing it. One

31:14

is, and this is not the one that

31:16

Judge Murchon used, but I've seen used a

31:18

number of times where if you have

31:20

a situation where you want to get 18 jurors

31:24

and each side has 10 challenges, what

31:26

you do is qualify 38 people

31:29

and then you start doing

31:31

the peremptory strikes. So you

31:33

do enough questioning to get rid of

31:35

all the challenges because get to a

31:38

point where you have 38 people that you

31:40

can live with and then start the strikes.

31:42

That's not how Judge Murchon did it. He did it

31:44

the faster way, which is you

31:47

start from the beginning with every juror

31:50

who comes in and the lawyer's

31:53

choices, you know, if there's not a

31:55

basis to challenge the juror for cause,

31:59

then your choices You bounce them with a

32:01

parenterie challenge or you don't and the difference

32:03

in that system and the reason it works

32:05

faster Is if you have

32:07

someone who seems like not ideal

32:09

but okay You're apt

32:11

to keep that person because you don't

32:13

know who's coming next right you are

32:16

in your challenges Right

32:18

so in the other system You

32:21

know the first system I described you

32:23

you qualify everyone first So if you

32:25

when you finally get to the strikes

32:27

when you strike someone you have a

32:29

pretty good idea who that person's gonna

32:31

be replaced By but that takes

32:33

a long time compared to the way that merch on

32:35

did it so I feel like we're talking

32:37

about like a John Grisham novel It

32:39

is that it is a highly educated jury,

32:42

right? And there are a couple of even

32:44

attorneys on this jury. I find

32:46

that I don't know is that unique especially Is

32:49

it helpful is it not helpful? What's your assessment

32:51

of having two attorneys on an

32:53

already highly educated jury? Yes,

32:56

so it's a case-by-case thing

32:59

There's some cases where you might want to have

33:02

a lawyer You

33:04

know for either side. I would

33:06

think of like a good example would be

33:09

like a money laundering Structuring

33:11

case where you have

33:13

a complicated fight. Yeah, and that might

33:15

help but for the most part as

33:17

a prosecutor I hated having

33:20

lawyers on the jury and the only

33:22

time I ever allowed it to happen is if I

33:24

if If we ran out of challenges or

33:26

we got down to we had somebody who we absolutely

33:30

Tell we needed to get rid of and the cost

33:32

of that was we didn't have enough challenges So I'd

33:34

have to live with the lawyer on

33:36

the jury the reason prosecutors hate

33:39

lawyers on the jury generally speaking

33:42

is the one place where

33:44

prosecutors really influence the trial is

33:47

In proposing jury instructions to

33:49

the court that the court

33:52

is going to give the jury at the end of

33:54

the case to tell them What legal principles apply the

33:57

reason courts rely on prosecutors is

33:59

just constitutionally prosecutors are

34:01

very Prosecutors offices are

34:04

very good at keeping up

34:06

to date with the latest legal principles

34:08

are on all facets of the criminal

34:10

law So the court really comes

34:13

to rely on the prosecutors when

34:15

you when they give proposed jury

34:17

instructions And that's the most

34:19

important thing in the trial because that's how the jury

34:21

is supposed to evaluate the case What

34:23

I always hated as a prosecutor was I thought

34:25

having a lawyer on the jury Undermind

34:29

my advantage in that regard Because

34:32

what you worry about is the lawyer

34:34

is like a different source of legal

34:36

authority Inside the jury

34:38

room and the problem is if

34:40

the defense lawyer tries to be a different source

34:42

of legal authority Which the defense lawyer of course

34:45

is entitled to do I know

34:47

what he's arguing and I can I can Argue

34:49

with and I could try to persuade but

34:52

if it's going on in the jury room like

34:54

we don't get to be in the deliberation room

34:56

and if you get a lawyer in there who's very

34:58

influential and Who starts telling the

35:00

jury? Well, look, I know that's what the judge said, but

35:02

this is how it actually works You

35:04

know, that's something that's hard. You can't really do

35:06

anything to fight that which is which is why

35:08

I didn't like having Lawyers in

35:10

there. So like when there's three three lawyers

35:13

in a room you come out with four opinions.

35:15

It sounds like You

35:18

know, I wanted to ask before I

35:21

let you go about the actual case that the

35:23

jury's about to hear not

35:25

not everything about it, right because that will unfold

35:27

over time, but Even

35:29

the AP noted that when it

35:31

came to the decision to charge in this case And

35:33

I'm just going to read what they wrote The

35:36

charges of falsifying records were

35:38

raised to felonies under an

35:40

unusual legal theory that Trump

35:42

could be prosecuted in state

35:44

court for violating federal campaign

35:46

finance laws Turley's

35:49

quoted in that same article is saying that that

35:51

seems like a bit of a legal reach others

35:53

Of course disagree, but but that

35:56

is of no right. We're used to hearing

35:58

about campaign finance violations being

36:00

in, you know, not in state

36:02

court. Is that a technicality that matters? It

36:06

matters a great deal. First of all, Bragg

36:08

as a state prosecutor, I do not

36:10

believe has authority to enforce federal

36:14

campaign finance law. Constitutionally

36:17

speaking, those are laws that are enacted

36:20

by Congress that empower the executive branch

36:22

to bring enforcement action. So a

36:25

state prosecutor doing this is usurping the authority

36:27

of the federal executive branch. I think that

36:29

should be a much bigger constitutional

36:32

issue than it's been. But what should

36:34

really trouble people about this is

36:36

that Congress not only

36:38

created these campaign finance laws,

36:40

they also created a second

36:43

body, that is to say one other

36:45

than the Justice Department, to enforce this

36:48

and that's the Federal Election Commission. The

36:51

reason Congress did that is

36:53

because it wants uniform enforcement of

36:55

the campaign finance laws across

36:57

the country. And what

36:59

you have here is the two federal

37:02

authorities who actually have jurisdiction over this,

37:05

both looked at it in connection with Trump

37:07

and decided not to bring any

37:09

enforcement action against him because the

37:11

expenditures that we're talking about here

37:13

are simply, technically speaking, not

37:16

campaign expenditures. So

37:18

if you have a state prosecutor who

37:20

comes in and now decides he's going

37:22

to enforce federal law, two

37:25

things are problematic about that. One, it

37:28

violates the idea that the law should be enforced

37:31

uniformly by the federal authorities across

37:33

the board the same way across

37:35

the country. So he's

37:37

violating that. But the second thing is he's

37:39

making it up as he goes along. I

37:42

mean, these are not, technically speaking,

37:45

this is not, you know, paying the

37:47

hush money to the porn star

37:50

as salacious and interesting

37:52

as that all is. It's not

37:54

a campaign expenditure. The fact

37:56

that she- Andy, wait, it's Bragg's argument

37:58

though. Okay. Yes. It was a

38:01

federal campaign finance violation. Fine. Whatever it

38:03

was, it doesn't matter. I'm charging him

38:05

with falsifying business records, which I do

38:07

as a prosecutor at a state level.

38:12

Because the issue that he's saying is,

38:16

just at the state level, I'm accusing

38:18

you of falsifying business records. Regardless of

38:20

why, is that sort of

38:22

what he's insisting is his authority?

38:25

No. No. You see, Jessica,

38:28

if that were what he was doing,

38:30

you're right. It would be completely unobjectionable.

38:33

But the thing is, in New York law,

38:35

there's two crimes. There's the

38:37

misdemeanor of falsifying business records, which

38:39

you just basically alluded

38:41

to. Then there's the

38:43

felony. The extra element to

38:45

prove the felony is that you have

38:48

to prove that a person's

38:50

fraudulent intent in

38:53

falsifying business records was to

38:56

conceal the commission

38:58

of another crime. And

39:01

what he's saying is the other crime is

39:03

a federal campaign finance violation that he

39:06

doesn't have the authority to enforce. Got

39:09

it. OK. Thank

39:11

you for that clarity. So before I let you

39:13

go, I think the former president mentioned

39:16

you by name this past week, almost

39:18

every day, to make

39:20

his case outside of court that

39:23

this shouldn't be brought, this case shouldn't be

39:25

tried. Your name along

39:27

with others. But how did

39:29

that feel? Well,

39:32

I've been through this ringer before. So

39:35

like some weeks, I'm a genius. And other

39:37

weeks, I'm an idiot. So I've kind

39:40

of let it roll off

39:42

my back. Look, I've been doing this for a

39:44

long time. And as

39:47

a prosecutor for a very long time, I've been

39:49

very fortunate to be able to stay involved

39:52

in the issues that I care about in

39:54

this kind of second career I've

39:56

had for the last 20 years. But

39:59

I've always tried. I try to call it the

40:01

way I see it. And sometimes that

40:03

gets the former president very aggravated at

40:05

me. And sometimes he likes

40:07

it. But I think that from

40:10

my perspective, I just

40:13

have to try to be as accurate as I can be. This,

40:16

for example, is a dog's breakfast of

40:18

a case. The Florida

40:20

indictment, to the contrary, I don't think

40:22

you'll hear President Trump singing

40:24

my praises because I've said any number of

40:26

times, I think that's a very, very serious

40:28

case. So,

40:30

you know, like you do, like all of us

40:32

try to do, we call it

40:35

as we see it, the best we can. We

40:38

do the best we can. And, you know, if people

40:40

like it, that's nice. If they get upset by it,

40:42

but they get upset for the wrong reasons, you can't

40:44

get too whipped up about it. You're like

40:46

a poll, Andy. You know, sometimes you give good

40:48

numbers, sometimes you give bad numbers. You know, what can you do?

40:52

Right. Well, as long as they think I don't have

40:54

my thumb on the scale, I'm good. Right.

40:56

Andy McCarthy, thank you so much for joining. Thanks,

40:59

Jessica. Appreciate it. That'll

41:03

do it for this edition of the Fox

41:05

News Rundown from Washington. Tomorrow, Mike Emanuel will

41:07

speak with former House Speaker Kevin McCarthy to

41:10

get his take on the current state of

41:12

Capitol Hill and effort to vacate the current

41:14

Speaker Mike Johnson. Plus, Fox News contributor Dr.

41:16

Nicole Sapphire discusses what could be behind the

41:18

surge of cancer cases among young adults. I'm

41:21

Jessica Rosenthal. Thanks for listening

41:23

to the Fox News Rundown from Washington.

41:31

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