recuse himself in the russia probe. .. on the eve of megan kelly's interview with him, controversial radio host jones leaks tapes he secretly made of her promises during negotiations. is he already getting the last word? >> it's not going to be some gotcha hit piece, i promise you that. >> plus, did a recent caller on my radio program give a major insight into the 20/20 campaign and many of you asked last week if i have been cancelled or fired? the answer is i was business dancing and i will explain. fist, wednesday's attempted massacre of members of congress was horrific. paul ryan was right to say it was an attack on all members of congress, the shooter was motivated by hatred of the president and his party seems

incontrovertible, nor the fact it comes in the context of a poisonous political climate that's been building for years. sadly, many now are being selective in their condemnation of incivility by focusing on only on the left or only on the right. that's a tell. those who single out only one extreme are themselves part of the problem. there's plenty of bad behavior to go around. it's been this way far too long. i have often spoken and written about the disrespect president obama faced all eight years. here's one column i wrote in 2012. in that piece, i noted, quote, it's been unrelenting, the day after obama took office. rush limbaugh told sean hannity he wanted him to fail and later calling the president a racist with a deep-seated hate of white people. and words like socialist were utered with increased frequency. love on his watch, president trump has faced criticism that

has been over hope to, i also noticed. the kathy griffin isis style pose with president trump's decapitated head, they were right to fire her. and also talking about excrement by another and stephen colbert talking about oral sex joke and putin. i said it has to way av catching up on you. and execution of a trumpian figure, i've said that, too, is over the top. all sides need to agree the climate has been callam ma cows and words can have consequences. many said wednesday the baseball shooting will be a game changer. that would be nice, pardon my pessism. six years ago, gabby gifford was

shot and nothing changed. part of that because there are many factors driving our discourse, institutional factors or nothing will change. sure, it begins with the politics. the way we select those individuals limits the candidate pool, the role of dark money, closed primaries, gerrymandering, self-sorting and the outsized role of media personalities who are rewarded for bombast, not substance. their livelihoods depend on fomenting division, not diplomacy. don't go looking to them to lead. while we seek to rein in extremist we have to be careful not to stymie legitimate debate. the shooting came on the same day the washington breaking the news the president trump is under investigation by robert mueller for obstruction of justice and president trump himself seemed to confirm that with a tweet. that revelation should not have surprised anyone who has been paying attention.

i immediately tweeted the following, this is no surprise, where potus fired the person conducting the investigation into possible collusion by his campaign. in light of jim comey's testimony he believed he was being directed by the president to drop the probe of michael flynn, mueller would be der requisite in his duty not to look at the president's behavior. according to the former sworn testimony of the fbi director, the president sought a loyalty commitment and excused the vice president and attorney general from the oval office before asking comey to let go of the flint probe and fired him if he didn't drop it and boasted of pressure. that's an investigation that should not be lost in the grief of the shoot. with me, former white house counsel for ronald reagan, comey closeses the case almost which says the president cannot be guilty of obstruction of justice unless he attempts to obstruct

an investigation of himself, as in watergate. mr. wallis son, if the president should now fire rosenstein, is that obstruction of justice? >> we don't have any idea whether the president would fire rosenstein, what the president said, didn't indicate that he would fire rosenstein. this is just a lot of useless speculation at this point. whether he fired rosenstein, if he did, would be obstruction of justice only if it was found the president ultimately committed some kind of crime. thus far there is no indication the president committed any kind of crime. you link together in your lead-in a lot of things that didn't indicate anything serious about the president's activity, at least criminal activity. >> let's go there, to the timeline. i think the timeline is telling.

i want to make clear to you and the audience i am not here to argue for or against a case of obstruction of justice. i want to understand and have my audience understand the potential elements. the jan 27 one-on-on meeting with fbi director comey where the president seeks a loyalty pledge. the only loyalty coply owed was to the united states constitution, right? wasn't that in error by the president? >> no. it was an error of protocol, perhaps, because there has grown up the idea that many officials of the government of the executive branch are somehow independent of the president. but, no. the executive branch of the united states would not function if the people in the executive branch were not loyal to the president because he relies on them to carry outside his orders and to provide information to him that he needs to execute his

duties. so there was nothing unusual about his request for loyalty. also, this whole flynn thing you link together doesn't make a lot of sense to me. he did ask about flynn. he probably shouldn't have asked about flynn, but he did. and he only asked once. he didn't say, i want you to stop the investigation of flynn, he said i hope you can see your way clear to end this thing. this is not a direct from the president to the fbi director and the fbi director taking it as a direction was wrong. we really have very little to say about flynn. >> this was the february 14, back to the chronology, the valentine's day meeting, mr. wallyson you no the president asks the vice president, mike pence and attorney general to leave the office.

that sounds nefarious to some and said i hope you can let go of the flint probe, comey himself said he took as a directive. if i said, i hope i don't have to break your legs, that can have a connotation of criminality, no? >> sure. if you try to make it that. but there's nothing criminal or suspicious about that. he wanted to talk to comey privately because he had some feeling apparently for flynn. he didn't say i want you to stop the investigation of flynn and he said, i hope you can see your way to do that. as he said before he never mentioned it again. he had many other conversationsiconversations with comey after that. he never spoke about it again. what he had on the top of his mind in talking to comey was the fact that comey had said on march 20 that the president -- that the campaign of the president was under

investigation by the fbi for collusion with russia but the president was not a target. he had never said that. he left that open as though the president was a target. trump obviously -- not -- may finish, first? >> sure. >> trump obviously thinks that there was nothing in this charge of collusion. after the fbi tells congress his campaign is under investigation, he should have said, but the president is not a target. the president then asked him after he had made that statement to congress about investigating the campaign, the president said to him, could you please say, as you have told me, i'm not a target and comey would not do that. i think that's why the president fired him. >> put the chronology back on

the screen and let me provide a contrarian interpretation. like this. january 27th he seeks a loyalty oath from comey and he doesn't get it. >> he did not exfor a loyalty oath. he did not ask for a loyalty oath. >> he told him he needed his loyalty. that's what jim comey said, what comey's memo will substantiate. >> that's not a loyalty oath. >> mr. wallisson, i promise you, i'm all about dialogue, you will be able to respond. the 27th, he seeks loyalty, i'll say it like that. the 14th, i hope you scan let go of flynn. apparently, he asks the intel coats and rogers, if they can lift the cloud? you say he only brought it up one time, he didn't bring it up again. he didn't, he fired comey and on may 10th, he said i fired the nut job and did to it relieve

the pressure, which sounds like he did to it relieve the pressure of the investigation. is that not in total a colorable case for obstruction of justice. please respond. >> no. i will sign by saying, no, it is not a colorable case of obstruction of justice, a leaking together of a whole lot of unrelated events that are not desirable to present to the public in the way you are, but it happens to be true. trump unfortunately gets in his way, his own way many times, by saying things that presidents normally don't say. this does not make any case of obstruction of justice, at least in my view. the idea that you would say that the president of the united states committed obstruction of justice and in that way, start a procedure in congress, which would be an impeachment procedure that would further interfere with his doing his job

and perhaps even overturn the results of an election on the basis of these very weak evidential points is incredible to me. i don't think would ever happen. it's inconceivable. >> mr. wallison, thank you for being here. i want it to be clear and anybody that watched would know i didn't just say he committed obstruction of justice. i assembled the elements of such a claim and i'm relying on a former fbi director, not that i committed them out of whole cloth. thank you for being here. go to my facebook page and i will read some responses. what do we have? smerconish, sounds like you're going super soft on trump. really? kpost780, i just laid out a timeline of what potentially is obstruction of justice and i'm going super soft on trump.

i'm not going super soft on anybody. one more or are we going on? don't you dare contemporary trump's backlash to obamas. too many libs on tv direct the -- see. that's a tell, not of my bias. put that camera back on me. this is important. that's a tell not of my bias but of your bias. anybody in this climbed is looking only left or only right is part of the problem. i laid out in my opening commentary a whole sequence of factual events over the last eight years now continuing on this president's watch are despicable and driven our national discourse right into a ditch. up next, nbc's megyn kelly has the tables turned on her. controversial provocateur alex

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because now's the perfect time to learn more. go long. media provocateur alex jones got the jump on nbc's megyn kelly releasing secret tapes of preinterview negotiations with him. jones is the right wing host of "info wars," a show then candidate trump appeared on, praised and tweeted about. jones claims he advised trump during the campaign and still has the president's ear. to many, jones is dangerous and a faker. among several conspiracies jones promoted on his program is the possibility that the 2012 sandy hook massacre, killing of 20 young children and six adults, was a staged hoax. >> sandy hook is a synthetic completely fake with actors in my view manufactured.

this is an illegitimate criminal government that probably staged this event! >> alex jones has been doing everything i say about men with microphone who enjoy outside influence in the political debate. in a recent child custody court case, his wife tried to show he was unstable citing on air statements. his own lawyer claiming his on air persona was a character like jack nicholson playing joker in batman, he is a performance artist. jones immediately made videos of his own, trying to counter-act that claim. >> they go, oh, he says he's fake. alex says he's fake, he didn't mean that. whatever. i'm about free market, cutting taxes. i 100% believe in honesty. we are changing the world. we're the most bona fide, real mccoy thing there is. >> many expressed outrage over his highly promoted appearance on a network show on

father's day of all days. president of media matters which spearheaded o'reilly and hannity protests told me he was troubled by this promotional photograph of kelly and jones riding in his car wearing mirror sunglasses saying it served to quote normalize and validate jones. jpmorgan chase pulled ads from nbc news, chief marketing officer said i am appalled megyn kelly would give a second of airtime to someone that says sandy hook and aurora are hoaxes. why? nbc aired this promo in which kelly challenges him on sandy hook. >> when you say parents faked their children's death, people get very angry. >> oh, i know, but don't get angry about the half million dollars in sanction. >> that's a dodge. >> it is not a dodge. the media never covers the evil wars promote.

>> that doesn't excuse what you did and said about newtown. >> i looked at all of the angles of new toound i made my statements long before the media even picked up on it. >> after it aired, jones revealed that theory how he might be portrayed, he secretly taped all their interactions. he lives in texas where taping phone conversations is legal if one party knows about it. in video released friday, kelly heard repeatedly saying she is not out to do a hatchet job. listen to this. >> i'll ask you about some of the controversies of course and you'll say whatever you want to say, but it is not going to be some gotcha hit piece. i promise you that. all i can do is give you my word, if there's one thing about me, i do what i say i'm going to do and i don't double cross. >> given the reach he already has, the way to deal with jones in my opinion is not to ignore him, it is for someone of kelly's stature to expose him with factual information at odds with his outlandish viewpoints. but did she?

joining me now, charlie worzel, a senior writer for buzzfeed covering all this, including his latest alex jones scoops megyn kelly, proves the media isn't ready for trolls. charlie, has he already won? >> i think it is safe to say that he has been in control of this saga, this media circus since the moment that megyn kelly at nbc announced. actually, it was alex jones was the first person to announce it. the first to tweet photos of kelly and himself in austin, texas. basically other than nbc airing this promo, he has been sort of a step ahead, sort of setting the narrative. i think as it stands now, we've had a week of just crazy controversy. it's been very difficult i think on nbc and on kelly. so i would say at this point he has won a little bit. >> i debated this on my radio

program earlier this week with my audience. i am of the viewpoint, tell me if you think i'm wrong, i am of the viewpoint you do an interview like this but you've got to be on top of your game, you've got to do your homework. you can't give an inch. but i don't like the idea of ignoring him, saying we're not going to touch that kind of subject matter, i don't think that's the right answer. how do you see it? >> i think that's correct and i think especially when you're dealing with this, what i'm calling pro-trump media, the apparatus that is online and a lot of terrestrial radio that is sort of vehemently working to push trump's agenda. when you're dealing with this group, you can't sort of use the old media way of saying these people don't matter, we will push them to the side, you never hear from them, there's no problem. that assumes they don't have a platform. alex jones has a very influential platform. there's that argument that's incredibly valid holding them to

account is going to help educate people. >> that's the point to me which is to say whose ear and eyes does he command? you can't just write him off as being a guy who is off the grid. you've got to take into consideration he has an audience, the audience is growing, and he captured the attention of the commander in chief. that's what this is really about, i would think. i also have to believe in the last 48 hours, there's probably been a lot of reediting taking place at "30 rock," to get ready for the airing of this. >> absolutely. i think that reediting plays into the pro trump media and alex jones' narrative, that this wasn't fair from the get go, or that kelly says one thing when the microphones are off and another when it's on and that there's sort of this air of disingenuousness. jones is disingenuous the entire

time, but he is able to have those dirty tricks, he is new media. traditional old school stuffy media should be held to a higher standard. but i think this is really just an example of as you said not doing your homework. nbc could have done the research on jones, understood how this interview could go off the rails, structure it the right way. >> you did a profile, on him, you interviewed 25 or 30 folks that either worked for him or had worked for him, you came away impressed with the profound impact he had on the campaign. >> absolutely. and i think a lot of people don't realize this but many of his old former employees, associates, told me that he doesn't just have listeners or audience members, he has followers.

it is very much like an almost religious leader, preacher, someone who what they say, there's so much trust. a lot of people according to these sources that i talk to said that, you know, they heard that a lot of people who watched jones voted for the first time in this election, not just because they're young but because they're anti-government, people and jones is very anti-government in the past. but he got behind trump in this way and with this enthusiasm, and i think if you went to his rallies, you saw the info wars hillary for prison shirt, it was almost ubiquitous. i think there's a real impact, people hinge on those words. so i think it is really important to take alex seriously but also to interrogate him. >> my final thought. i want the same thing the sandy hook parents want. i want him to be exposed for the fraud that i believe that he is. the question is, do you get there by engaging him or ignoring him. my argument is by engaging him as long as you come to play,

meaning megyn kelly. i guess we're going to find out whether that was the case. charlie warzel, thank you so much for being here. >> thanks for having me. let's check in with twitter and facebook. katherine, what have you got? smerconish, lighten up. it is just alex jones. it's a show. no. no, no. there's too much conflation going on in the country between news and entertainment. it may be an entertainment show but when your fodder is the execution of 26 people, 20 of them kids, and you use that for entertainment purposes, no. you crossed a line. and let's also call it out. too many among us can't distinguish between the entertainment and the news and they take it, they take it as if it is a news report and it's not. still to come, the deliberations lasted longer than the trial. the case against bill cosby ends

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the bill cosby trial on charges of criminal assault ended today with a hung jury. they had deliberated longer than they had obtained evidence in the case. join me is criminal defense attorney danny savolas. it seemed like they were getting close when they asked to hear the testimony like they were

getting somewhere. how due read the tea leaves? >> a good guess is you had one, two, maybe three holdout jurors and the other jurors hammering into them and saying, read this, listen to this evidence again. i pictured two or three jurors with their arms folded saying, you know what, no, we're still not convinced. that's just imagine nation and it may have been something totally different and we may not have known what it was in that room. >> montgomery county attorney said they will retry the case. listen to what head to say. >> we will review and look at our case and take a hard look at everything involved and we will retry it. as i said in court, our plan is to move this case forward

generous. >> are you surprised he so quickly made that decision before knowing what the split was among the jurors and the burd an case like this places on the county and the original d.a. on whose watch these underlying incidences occurred refused to bring the case because he didn't think it was provable in a criminal court? >> unfortunately, i'm not surprised. if you recall, prosecuting bill cosby was one of the campaign issues and a promise for this d.a. before he got elected. i imagine that it's based on his notions of justice and bringing this case to justice that he stood up so quickly and said he would retry it. but more cynical minded people might think it has to do with a campaign promise he feels obligated to deliver on. but no matter what the case, if you're a taxpayer of montgomery

county, then you have to wonder what justice is being achieved if there is a likelihood again of a mistrial when you consider the unbelievable -- even doing proceedings on a saturday, when you think of all the overtime, the deputies, everything like that, it's not an insubstantial cost to the tax paying citizens of montgomery county. >> i am one of those tax paying citizens of montgomery county. maybe that's why i asked the question. from a legal standpoint, the reason i ask the question is you know one of the problems with the prosecution is that it's an olds case. and that evidence will not get more fresh in the next 365 days. >> i've had this come in my own cases. the issue is called pre-indictment delay. when the prosecution knows the facts of the case, aware of everything and know who the prospect defendant is and sit on the case until years pass.

in this case they filed just before the statute of limitation expires. imagine the prejudice to a defend all of a sudden is called upon to build a case, amass witness, marshall evidence for an incident that happened over 10 years ago. and before he thought to save his electronic evidence or witnesses or eyewitnesses or alibi witnesses, things like that. a pre-indictment delay is a real issue and really puts a substantial advantage in the court of the -- in the sized of the prosecutor. it's something that unfortunately there is nothing defendants can do about it. this is an issue -- there's no barrier to the prosecution retrying this case and promptly. but you have to worry about fundamental notions of fair play and justice in continuing to try this case. >> after the jury hung, a member of team cosby read a statement from camille cosby, the comedian's wife, pretty hard hitting. give a listen to this. >> how do i describe the

district attorney? heinously and exploitively ambitious. how do i describe the judge? overtly arrogant, and collaborating with the districts attorney. how do i describe the counsels for the accusers, totally unethical. how do i describe many but not all general media, blatantly vicious entities that continually disseminated intentional omissions of truth for the primary purpose of greedily selling sensationalism at the expense of a human life. >> danny, pretty strong words for judge o'neill. the case is still on his docket. was nat unwise? >> if i'm the defense attorney in this case, i've just put on a very strong defense case, i've fought with every bit of my strength and he's probably given up -- the defense team has probably given up most of their

life the past year or two. then you have this pr team or whoever they are, make a statement like that. if i'm the defense attorney, i'm frustrated because the only job the actual defendant and his family and friends have to do is not create any risk. this is still a case, this is still a trial. you have to balance, what is the benefit of this kind of really angry statement balanced against the risks, which is number one, the defense team could get in trouble by the court. number two, you could really turn off potential jurors out there who don't see a statement like this as any sort of contrition or appreciation to the jurors or to the court, which is the correct thing to do after a trial, just as brian did and the other defense counsel. fantastic post trial statements by counsel. this on the other hand achieves nothing. the statement by the pr scheme or camille cosby statement

achieves nothing, advances no objective and looks like you're spiking the football and celebrating a win you haven't won yet. >> the district attorney of montgomery county who refused to move forward with the criminal prosecution was bruce castor. it became a campaign issue when he and steele squared off against one another. castor released a statement the following in part. my opinion is misconstand was probably the victim of a sexual assault. probably does not win criminal trials. he says the failure to convict mr. crosby is certainly not her fault. react to that. >> in a way, bruce, the former d.a., would be vindicated by a not guilty or mistrial, even though he says mr. cosby was probably guilty.

bruce castor was under a lot of scrutiny for letting this case goes and arguably entering, this is still debated, entering into some non-prosecution agreement so andrea constand could sue koss bin civil court. he's been heavily scrutinized. if this ended in a mistrial, it would bolster his decision that mr. coby did something but did not meet the exacting standard of beyond a reasonable doubt required in criminal cases. >> final question. in a circumstance like this, which side benefits the most from having done this once and having gotten a mulligan, i equate it with playing with someone whose cards you have now seen. when you go to round two, is there a beneficiary? >> conventional wisdom says the defense benefits from seeing everything the prosecution was

going to lay out. you think about it, the defense team really showed almost nothing. their case in chief lasted all of six minutes. that's not unusual it's the prosecution's burden, always their burden but now you have reams and reams of testimony. you have all kinds of evidence that the prosecution, if they testify inconsistently or that evidence changes in the next trial, the defense can jump all over that. of course, on the other hand, for most mortal citizens, who would have to pay a defense attorney for a second trial, economically speaking, a second trial by itself can be devastating if you don't have the resources that bill cosby has. >> danny, as always, thank you. coming up, is this another sign he will be running in 2020?

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you know, often on the siriusxm radio program the guests say things on air. it's rare a caller generates a headline. i got a call from someone identifying himself only first as frank from palm beach and he wanted to hold forth on the issue of president trump and the obstruction of justice and he seemed particularly well-read. i kept the chat going and then he stopped and told me this. >> caller: i'll reveal one thing in my prejudice here, my brother was the vice-president of the united states. >> my listener was frank biden, youngest brother of joe. here's what he had to say about his notorious ushering out of the office of mike pence before he talked alone with james comey. >> caller: president obama would never ever have shoed joe from a

room, period. the idea that the president of the united states would separate himself from what you would think is his alter ego and his ultimate sounding board and his confidante and the most trusted person that he has in his circle, and to tell him to leave that meeting, conduct something that would be at the very best categorized as clandestine and at the worst, categorized as coercion, is beyond me, and a reasonable man test. >> tonight, frank's brother, joe, will be giving the keynote address in hollywood, florida, at the democratic party event that's called leadership blue. i had to ask frank if this and many other of his brother's recent actions revealed he was considering running in 2020. is there any prospect he's got one more run in him?

>> caller: absolutely! absolutely. why anyone would think otherwise i don't know. >> what do you think? tweet me @smerconish or visit my facebook page. . >> when i wasn't here last saturday, i received tweets like this, i was wondering where you were or if cnn had fired you. not yet. i was just up dancing up a storm. i'll explain when we come back. ♪ ♪ beth a total boss because she switched to the best deal in america: total wireless. she gets the largest, most dependable 4g lte network,

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you know when i wasn't here last saturday i was touched toed see how many viewers were tweeting concerned messages like whoopd, where's the show and i'm trying to tune in for my satan joimt on cnn. where are you? thanks for your concern, although as i said, there were several who worried, or maybe hoped, i had been fired. to whom i say not yet. one of our guests shot some video of -- there's the bride and groom -- my dance with the bride, set to the grateful dead's scarlett begonia's. it game my hydro viewed voth ever. 50,000 views. check it out. ♪ ♪ ♪ i asked facebook followers who says zad has no moves?

i got lots of feedback, including this most popular reply from john nicholson. sorry, michael, i love you and all but you're very white. you dance like i do. your daughter, however, has some moves going on. claegss on the big day. i also like this tweet. he said the real question for you is which side of the aisle were you on, left or right? >> for once i didn't sit in the middle. i sat on the bride's site. what have we got, catherine? smish commish, alex jones is not right wick. these a nut case. don't slander us on the right. hey, coach dodson, point well taken. you're right. he's off the grid. i'm not holding anybody over there accountable for him. what else? as much as we love joe biden he will be too old.

the ds need young dynamic candidate. bunny hop? h. h doesn't seem to be the consideration it once was. give me something else. smir commish, ok instruction of justice, if it looks like a duck, walks like a duck, quacks like a duck, it's a duck. you heard and you saw the chronology i put on the screen. the only thing i can tell you -- i can't tell you it's obstruction of justice. i can tell you it's not a witch hunt. i can tell you that there are enough elements to this and in light of the fact that it's the former fbi director because the fbi has to matter. by the way, on my facebook page, i recorded a defensive of president trump. you should watch that where i

lay out the defense that donald trump or someone in his behalf ought to be offering. many have misp intercepted it as me offering a defense. there's a defense to this and here's how the president could spin it. happy father's day to everybody including my dad who is 87. i'll good with him tomorrow. i'll see you next weekend.

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. hello. you are in the "cnn newsroom." i'm ana cabrera. house majority whip steve sa lease had another surgery today. his condition has been upgraded from critical to serious. sa lease was