Phil Holloway, former Assistant district Attorney, retired US Navy, former Police Officer and Legal Advisor to Georgia Sheriff's Department. Look, we don't want to get into the individuals on this case that they're trying to seat the juries. They're having a hard enough time as it is without too many details out there. This was going to be hard anyway. This is New York City. This is where Trump made his name.

Harris, great to be with you as always. The Sixth Amendment guarantees all criminal defendants a lot of rights, but The one that we're focusing on here is the right to an impartial jury. Of course, due process also says you have the right as a criminal defendant to an impartial judge. Those are the themes that we're seeing coming out of the courtroom. There are major questions about whether the lawyers for Donald Trump can, in fact, find an impartial jury. That is ultimately the judge's job. The judge, of course, himself has to be impartial and unbiased. There have been claims, and some of them, I think, have at least some merit that Judge Mershon himself might be somewhat biased against Donald Trump. What we're seeing the setup for, I'm afraid, is a trial that the result of which, irrespective of what that result is, the result might not be something that future historians will look back on and say, this trial achieved justice. His lawyers, Harris, have to go through all these jurors, and and ask leading questions and questions that are probative of maybe their past social media history to determine if, in fact, they're telling the truth about whether they can be fair and impartial, because it's one thing to say, I can be impartial, and quite another to actually be impartial.

It's quite the job that not only the lawyers have in this case, but ultimately the judge has to be impartial. He has to do his job and make sure that the ultimate jury is fair. Who's digging through his past?

Who's making sure that the judge George Mershaw is being fair? Whose job is that?

Well, that's a great question. The lawyers who are representing the former president are raising some of these issues. They asked the man to recuse himself. In my opinion, what should have happened, Harris, that motion should have gone to a separate judge to make that determination, because basically the judge has said, No, I am deciding that I myself can be fair and impartial. That fact alone says that that's a conflict of interest. He It needs to have another judge answer that question because, again, we want to make sure that the result of this case is one that we can be confident in was the right result, no matter what it is.

All right. As things happen in the courtroom today, and they always do, we'll bring you that news contemporaneously, whatever it is, and also show you the President if you should come out and talk with microphones. Phil, I did want to say this with regard to the investigation. One more just thing about the the gag order. Where are we in that? And what in the world is he allowed to and not allowed to talk about? But other people can talk.

The problem with the gag order, Harris, is the First Amendment. You have a right to speak your mind. The gag orders traditionally apply to lawyers and, in fact prosecutors that you don't want to try in their case on the courthouse steps. But the problem is in this particular case, Donald Trump is expected, apparently by Judge Mershon, to sit back and listen while Michael Cohen and others say all sorts of things about him that are negative, that may or may not even be true. He is expected by this judge to keep his mouth shut and remain silent. That's just not right. It's not what the First Amendment is all about. I think the gag order goes too far.

All right. Convicted and professional liar, Michael Cohen. Just sit back and hope that what he says isn't a lie. That's got to take the patience of Job. House Oversight Chair, James Comer said that criminal referrals from his investigation into President Biden could be just weeks away. He also added, Impeachment is still on the table for Joe Biden, the nation's President. Democrats have repeatedly pushed Comer to say which crimes he thinks Biden has committed, and those divisions were on full display yesterday with committee leaders popping off.

What did the Bidons do? What business were they in? Why did they get millions and millions of dollars?

No, I would like to ask you- Can I answer what?

No. What did the Bidons do?

I don't know who you're talking about. What business were they in? What What business is the comers in? You're talking about lots of people. There's lots of people in the family.

I'm a farmer. I have land. I lease land.

I sell honey. Your impeachment investigation must identify a high crime and misdemeanor.

What did they do for the million dollars?

I'll tell you what Joe Biden did. He was a senator of the United States. Then he wrote a book, and he said he made the most money ever made in his life, millions of dollars on his book, and he gave a million dollars away in charity.

That's what his family did. That's why Ukraine, Kazakhstan, Romania, China, Russia, Russia. That's why they paid the Biden family money because of Joe Biden.

None of those governments paid anyone any money.

Somebody needs therapy here, but it's nobody on our side of the aisle, okay?

Well, look, I know it's not a courtroom, but decorum still would be nice.

Well, obviously, this makes for good television. I don't think it makes necessarily for good governance. But the thing, the spectacle we just watched highlights the very, very big differences between a political investigation that takes place in Congress in a real criminal investigation that takes place with law enforcement and professional prosecutors because they are radically different things and designed for different purposes. Ultimately, if they make a criminal referral to the Department of Justice, we all know that it's dead. It's just like the impeachment charges. We knew that those would be dead on arrival in the Senate. Any criminal referral to Joe Biden's Department of Justice is also going to be dead on arrival. But if you contrast this with what we see with prosecutors going after Donald Trump for minuscule administrative or even bookkeeping violations, you've got the Biden situation where all this money with Hunter's business dealings was spread around Joe Biden's family. If the roles were reversed, I guarantee you the Department of Justice would be going after Donald Trump.

The Democrat there arguing that somebody needs therapy. Well, no, they just need to take a look at the evidence. I sound like one of those Perry Mason commercials. Good to see you. Thank you very much. You bet, Harris.

Hey, everyone. I'm Emily Campaño. Catch me and my co-host, Harris Faulkner and Kaylee McEnneney on Outnumbered Every Weekday at 12:00 PM Eastern, or sets your DVR. Also, don't forget to subscribe to the Fox News YouTube page for daily highlights.