you back in an hour. >> "outnumbered" starts now. >> this is "outnumbered" and i am andrea kennedy is here and co cohost of the five and one lucky guy straight from miami judge alex ferrer. >> all rise. >> i didn't bring the snow with me. >> hopefully you brought warm weather, too. there is a lot of leak legal stories we we are glad you are here. will it bow life or death for the boston bombing suspect? the same jurors starting on monday could begin to decide if he gets the ultimate punishment or spends the rest of his days behind bars.

the crimes are horrific and jurors spent weeks pouring over the evidence many experts say getting the death penalty will not bow a slam dunk. judy clark is at the table and she is an expert on keeping many off death row. he fought for the unibomber and the man who killed a judge and wounded gabby giffords. so what can we expect for the boston bombing suspect who is convicted on all counts? do you think we will get the death penalty? >> to me it is almost a time toss. i cannot imagine a case that is more deserving of the death

penalty. putting a bomb behind a child and we had the father when he had to stay with his son and getting help for his daughter and his son died. this is a case that cries out for that punishment. but you are talking about a town that doesn't support the detect death penalty the state doesn't have it and you are talking about a 19-year-old and the lawyer has been very successful. i think it will be a death penalty sentence but it can go either way. >> if he doesn't get the death penalty why do you think it could be? he is 19 years old? the state's history? >> a juror or two may hang it up saying they have a moral problem. this jury was requalified to say

they have no problem to impose the death penalty and give that verdict if the facts and circumstances warrant it. the prosecution has a strong case you can see from the verdicts all being convictions and she went ahead and said he was under the influence of his brother but the fact and circumstances don't show that. they showed he was willing, planting the bomb at the end where women and children are there to cheer on family members, his dna was on the and the correspondence waws was up there. i think it is appropriate for the death penalty and they bring it back. >> i hope he fries. and i know that is harsh but

when you see how many counts he was convicted on. it isn't a gray case. it is black and white. people are saying if he doesn't get the death penalty he is martyr and isis and others will use it as propaganda but that is the last thing we need. could there be a situation where he is traded not put to death? terrorist groups saying free tsarnaev and we are in a situation where it is an option? >> not if he gets life in prison without parole. i am torn on the death penalty. i know it is strong not a deterant and it cost a lot of money. but i don't think a firing squad, lethal injection any of those things are bad enough.

i want him into room surrounded by pressure cookers and death penalty is all or nothing. i am torn but not in this case. i want him to die a horrific painful slow death. >> maybe he wants to die so he can get the 72 virgins he was promised. how do you come down on this? i know you are against the death penalty. but some democrats have said they support it. >> i am against it on principal so there is no case you can throw at me -- principle -- because i don't think the government should have a right to kill citizens. that is scary once you give them the power. i think it is barbaric andian -- and i know what he did was barbaric but it doesn't mean we

need to be. being locked in a room doesn't sound fun. >> it is quite pleasant for him. >> he will not be kept in social confinement. >> it as a hell hole. and that is rickers not the county prison. >> he would not get solitary confinement and three feels a day and treated well with internet access. >> if he is on death row it is a different type of housing but a life sentence is general population or put with people who are not a threat to him. this is what people argue in favor of the death penalty say why should he live and have a life where he can read books and have people visit. i understand both sides. it is supposed to be for the worst of the worst and the typical case that makes me go i

would have no problem with that was a guy who robbed a family-owned pizza store and killed the husband in front of the wife and the wife was crying and he put the gun to her head and said if you listen closely you will hear the bullet coming down the barrel and he killed her. that person doesn't deserve to live among us. someone like that i can detroit the death penalty. >> this is the worst of the worst. what about the economic aspect of this? a town riddled with grief after the images has to support him to live a life in prison? >> it is horrific. if you look at the burden of proof they have to proof one of the factors to be eligible for the death penalty.

the vulnerability of the victim with the little boy blown to bits. that video of him placing the bomb in close relation to the child child. that is showing you the most de depraved individual. the defense is going to have to come up with something in litigation saying you should save his life. >> the prosecution is going to come forward with victim impact. it is allowed in federal court. it is considered a non-statutory factor. how the prosecution will load up on the emotional testimony of the victims. >> can i ask you a question? the testimony in the first phase of the trial was emotional, will it be more so?

how is it different? >> at the core the death penalty is about revenge. the prosecution wants the jury so angry at the defendant they say he doesn't deserve to live. so they will put on the family members and show how bad the suffering is. >> they will bring back the father of the little boy. >> the jurors are primed. they heard that already. >> the defense lawyers was smart saying he did it or else she would ruined her creditability for the second phase. >> we will watch it closeyly. and why watching the campaign trail that is getting bumpy for rand paul. the day after he announced his plans of running he got testy in a tv interview and it wasn't the first time. now people are asking if rand

paul has a temperament problem? and all signs point to an expected campaign announcement soon from hilary clinton. but it isn't like she hasn't been in the news so how is she keeping the excitement going for had her? right after the show we keep the excitement continuing on "outnumbered" overtime. foxnews.com/outnumbered and click on the overtime tab. tweet questions and comments and what you want us to talk more about and we will. &%c1

welcome back to "outnumbered." new questions over whether senator rand paul is ready for prime time the day after announceing plans to seek presidential nomination he got into an argument for a female reporter who asked about his views that changed >> before we go through a litany of things you say i changed on

why don't you ask me a question have i change my opinion. that is a better way to approach the opinion. >> i think interviews were difficult. >> those women were not yelling at you. >> i wasn't yelling at them. >> she is not known for aggressive or unfairness. i think the question was unfair. do i think i responded appropriately? i would rather not have interviews with tension. >> that is not going to happen. so i always say i like senator paul but i have to ask if he has

a problem with media or women in the media? >> i don't think he came off very well. certainly neither of them -- i watched both of the interviews and neath did anything from the ordinary. megan was being tougher on him and he was wise not to pull it op on megan. but savannah was asking fair questions and he was right. he did flip flop. >> what would pull him aside and tell him? >> i would be hiding under my desk playing the next report doesn't call. we tacked about the interview and i said it will come back and haunt him one or two times and now they can paint pattern. he said he had testy exchanges with men. you cannot do that. you have to learn from the reagan model and work on your temperament. but can't you see hilary clinton coming out and saying we need an

american where women are not shushed by men? i have to admit listening to him shush a woman and telling her the calm down and the worst thing. they will replay him putting his finger to his mouth and it will be problematic. >> rand paul would have done the same thing if it was a male interviewer. they were asking appropriate questions but i have been in interviews where there was no chance to defend myself. but you don't go at them on television that way. all you would do is give them a sound byte they can use against you. they say he has thin skin. that is what they say about obama but he keeps his hands

clean. >> i think he has learned a lesson from this and controlled himself with megan keg kelly and we will see if he behaves forward. the waiting game maybe over for hilary clinton because all signs are pointing to her nouncing the presidential bit soon. ed henry a source familiar are plans, said the team is moving into an office and most are being told to be ready to work at a moment notice and they hired chief technology officer and strategic communication advisor who would act as a senior spokes person. clinton is expected to make the campaign official by next week at the latest. are you seeing big things for

hillary? >> i have campagna on the ice and can't wait to hear the bubbling. hasn't she already announced it? no i think there is going to be excitement and people are going to say if is time for a woman in the white house. she is sitting back and watching the candidates on the right. she is watching rand paul and she didn't have to jump in because nay are hurting themselves. she is not raising as much money as she wants to but she can watch the right not just kill each other but watch them fumble. she shushed a bunch of people in her office. i couldn't find the video online. >> you will not find the supporters at rand paul going at her in the same tone. >> he will pray and hope she

does. she is waiting for a disrespect full tone. >> they were asking her questions and then senator obama and can i get you a pillow? >> what do you think? the problem is who is running against her? it is correlation of being friday the spot and take rounds and hits. that could be a disadvantage going into the election. >> i think a lot of things martin o'malley will get in -- i don't think he will give her much run. bernie sanders couldn't beat her but make it difficult for her which would be good because she is too rusty to go up against a republican. at the e-mail gate conference she wasute out of the game. >> does she excite you?

>> i am not excited by candidates anymore. i think because she is not new and i think she is going to have to look for something to make it new. >> she doesn't have the new car smell as president obama put it. >> she can do yoga. >> all right. iran's president raising concern here and at homee making talks about the new polling showing what american voter think they have to pay for taxes and if they they think they are getting what they pay for. wouldn't it be great if hiring plumbers carpenters and even piano tuners... were just as simple? thanks to angie's list now it is. start shopping online... ...from a list of top rated providers. visit angiesli

across america people, like basketball hall of famer dominique wilkins, are taking charge of their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss but it may help you lose some weight. victoza is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza has not been studied with mealtime insulin. victoza is not insulin. do not take victoza if you have a personal or family history of medullary thyroid cancer multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza

or any of its ingredients. symptoms of a serious allergic reaction may include swelling of face lips, tongue or throat fainting or dizziness, very rapid heartbeat problems breathing or swallowing, severe rash or itching. tell your doctor if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza including inflammation of the pancreas (pancreatitis) which may be fatal. stop taking victoza and call your doctor right away if you have signs of pancreatitis, such as severe pain that will not go away in your abdomen or from your abdomen to your back with or without vomiting. tell your doctor about all the medicines you take and if you have any medical conditions. taking victoza with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are nausea, diarrhea, and headache. some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need... ask your doctor about non-insulin victoza. it's covered by most health plans.

welcome back to "outnumbered." new concerns over the future of a nuclear deal with iran.

iran's president saying during a ceremony saying quote we will not sign any deal unless on the first tay of implementation all economic sanctions are lifted at once. but the united states said if a final deal is reached at the end of june sanctions are going to be lifted in phases after international inspectors verify their compliance. john bolton is weighing in: >> they iranians are over the place and feeling the roads out. i think you are seeing the decrease in stability across the region that is going to happen in the negotiations with iran over the nuclear program. all of the troublemakers are

drawing the conclusion this is time to make trouble. >> and iran said they will be the victor in all of this and he is right. >> he is absolutely right. he knows the united states acceptisn't going to walk away because we want to be friends so we will lift the sanctions. >> is that how our voice sounds? >> yes, it is quite sad. the united states should have gotten up and walked away long time ago. >> i am disappointed we sound like eor now. i agree. i think iran wins no matter what. i don't think that -- how do we get two months away? how did that happen. if they are two months away from

the bomb and they are not stopping centrifuges won't they just have a bomb by june? if they are that chose why do they care >> >> they don't want the sanctions. >> if they have a bomb they don't care. >> i don't think that is true. the sanction are intense on their economy. if they have a bomb and don't let inspectors into the country. if they are not working i think iran has no problem stretching this out and saying by the time they get it back in place we will make a bomb. >> i think it worked in the sense it brought them to the table. they don't want to live with the sanction. >> if we lift the sanctions and

this is bill's point all of this money will flow into an economy that has been hurt by sanctions and then you have a terrorist state with an economy that doubled and using all of the money to fund proxy wars and inflict terror. >> iran is already running proxy wars. they don't need more money to do that. when were they not bold? i don't remember this. they were interfering in iraq before obama came on the seen scene. >> i think this was a ruse and they had no intention of being honorable and were able to delay and draw it out and continue to enrich and operate centrifuges. >> they lost nothing. in fact they were able to get us to take our eye off the ball and continue to develop.

you took a victory lap because you have no key what you are doing and the president and john kerry's hands are tied behind their back. >> this is engaging us in the middle east and we should be disengaging. the more we get in the saudi arabia and irans the middle east is not the place for it. >> the alternative is nothing. they would be exactly where they are where you said they kept going. it is not just the obama administration. there is russia and china and where not people who oppose iran. they are saying we cannot have this and get inpectors into the country. that is different than what would have happened if we did nothing. >> if you look at what the

sanctions did their oil economy has been cut in and half and all of the point president obama said in 2012 that were not negotiable like 19,000 centrifuges he didn't follow through >> but these countries let everything else suffer but continue to build the bombs. so the idea the sanctions will crush and stop them i don't believe. >> this deal will allow them to continuously build a bomb. >> it is giving them more money. >> the inspectors in advance -- >> they have not been chosen yet but there will be inspectors in the country. we have another more interesting topic. tax day is less than a week away and a record number of americans think they pay too much in taxes. 53% say they are too high when

it comes to the least fair 26% say the federal income, local property, federal social security, then state sales and then state income tax. the majority of american voters also feel government is the problem 67% saying so compared to 18% saying the government as a solution to their problems. kennedy, this is near and dear to your heart. >> government is the problem. not the solution. and the problem for democrats in 2016 is it isn't just republicans who think they are paying too much in taxes independents feel the exact same way. so we have had the obama administration that has been thrusting more regulation and taxation upon americans and they see it is not working.

it is crippling. we need more government moving forward. >> one of the things when president obama came in -- and a lot of people would say he has done harm to the argument in terms of the imcompetence of obamacare and not restored faith in institutions that was at an all-time low. >> and is that going to be enough to have hilary clinton make the case that is more of had same and seeing the numbers the american preme dissatisfied with the bloated government and excess and it hasn't provided better results or quality of or better jobs for americans. there is a real test here and saying if you want more of the same do this and go forward. there are far reaching

implications. >> what do you think judge alex? >> it reminds me of the rent is too high part? >> i love that guy. >> i think the polls can be misleading. a lot of people feel taxes are too high but they feel their taxes are too high but they think yours should be rose. >> what about the 2% who thinks taxes are not high enough? who are you out there? >> those are illegal immigrants. i just lost my train of thought. oh i remember, the inheritance tax is the most ridiculous one to me >> republican candidates have the anti-tax messages and they

will be clipped boy the war on women. getting kids vaccinated? the biggest state in america is one step closer to pushing the requirement. and another glass ceiling is slashed big time. hear from the nfl's first full-time ref and why she is not seeing herself as a trail blazer.

♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead.

the real question that needs to be asked is "what is it that we can do that is impactful?"

what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. toenail fungus? don't hide it... tackle it with fda-approved jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. once applied jublia gets to the site of infection by going under, around and through the nail. most common side effects include ingrown toenail, application-site redness itching, swelling, burning or stinging, blisters, and in. tackle it! ask your doctor now if jublia is right for you.

excellent looking below the surface, researching a hunch... and making a decision you are type e*. time for a change of menu. research and invest from any website. with e*trade's browser trading. e*trade. opportunity is everywhere. well it has been a long time coming and now it is official. sarah thomas a veteran referee on the college football level has been tapped to become the nfl's first full-time ref. the full-time mother of three is paying now attention to the sexist digs coming her way and

isn't a trailblazer. >> you think there are gender or racial barriers to be broken in this day you sit back and think when i started this that is not why. i am doing it because i love it >> some are questions whether this is a big pr move from the nfl? one player says "for the league it is great publicity. the nfl is all about monopolizing every opportunity" man in the middle what do you say? >> i don't know if i can get used to this. i am used to refs who throw the flag and say holding. i am not sure i can handle one that throws the flag and says what are you doing? >> oh my goodness. >> managers are nodding yeah in the background. >> no actually i am surprised

it took this long. i realized my joke wasn't working in the high estrogen atmosphere. i don't see why it took so long. it isn't a career that has to be done by a man. a hooters' waitress for example i can get. >> go into your quite place >> i am making a point. there are jobs that can not be performed by a man. >> there is no reason -- >> they do it no verses later? >> just like being a judge. >> when i got on the bench there were few female judges.

why does it take that long? it is not is job from a women-only. >> what do you want to do with the judge? >> i was surprised. i am not a sports fan so i was this hasn't happened so it is surprising why this wouldn't be. but i believe the pack said this is the only place you can go where there are no women. >> it is getting better and better. >> it isn't a token hiring. this is a person who worked her way officiating through college and was the first female official at a bowl game. >> and she is an athlete. she has a great history. i think it is fantastic and god i want her job. >> you would not be able to focus at all.

you would call terrible plays and everyone would be angry. >> why do you want the job? >> well i love men. and i love football. >> and you love spand-x and the sports brings them together well >> and chicken wings. front row seat so i can see what is going on. >> some people are saying this is a publicity stunt by the nfl and maybe it is. but there are no physical or mental limitations for this woman to do this job. i think it is great and fantastic. we know she knows how to rush so i think it is time. >> it doesn't matter why it was motivated. >> and that hooter waitress man is coming in saying i have seen man -- >> you said the exact same thing i did but you got ripped for it

>> no judge it wasn't like what i said. >> the jury is out and we will determine whaupsz what happens to the judge. millions of people in the path of dangerous storm and hail the size of baseball. plus the show goes on. the university of michigan honors the canceling of the screening of poall-american -- american sniper. was this political correctnes going too far?

real cheese people, don't eat pasteurized processed cheese food. it's only required to contain 51% real cheese. with sargento 100% real natural cheese slices a patty melt becomes more than just patty. ham unites with its better half. and a club sandwich becomes part of a club you definitely want to be in. real cheese people would never eat a slice wrapped in plastic when they can have a slice of 100% real. natural cheese slices from sargento. we're real cheese people.

>> more "outnumbered" in just a moment. first to jenna lee what is coming up in the second hour of "happening now." >> i would rather hear what you have saying. here is what is coming up. new details on the expected announcement from hilary clinton tossing her hat in the ring and we will discuss the faces she will run into. and a big chance of severe weather across the country. and verdict watch on the aaron

hernandez trial. will we get a verdict today? our panel weighs in. >> michigan is reversing their decision after canceling the showing american sniper because some students complained about the movie calling it offensive and racist and righting a letter saying it tolerates anti-middle eastern sympathy and focused on murdering iraqi civilians. the school decided to replace it with paddington -- the family friendly movie about a teddy bear. but it sparked a backlash lead thing school to release the statement: the initial decision

to cancel wasn't equal with the high value we place on students making their own choices and the movie will be shown at the originally scheduled time. the school's football coach is weighing in saying quote the football team will watch the movie. we are proud to be an american. if that offends anybody, so be it. >> way to go coach. >> i cannot believe the school buckled like this. you have been writing about this. you are on the front line of the war against free speech at college. go. >> the america's voice and student voice sounds familiar. i have a book coming out and the subtitled is how the left is killing free speech and most are coming from the left. what happened here is happening

everywhere. just this idea that if you don't long something, or something like that offends me and it could be legit i have not seen the movie, but not only are you not watching it but others are fought going to see it. >> maybe. i don't happen what they are learning besides twerking and doing illegal drugs. >> thereis there a legal issue with this? it is a state school.

you have the tyranny of the minority and a couple students complained, well more than a couple, but when a state actor starts to engage in censorship is this a violation of the first amendment. >> you saw in a recent incidents happening in that school -- the name escapes me. iran is just showing this flight. >> play the film. play them both. double feature

>> that is the best response. >> you wake up get dressed go to meeting and the president of the united states is at the table with you. good thing you got dressed up right? not so much for one guy. the outfit that has everyone giggling. check it out next. i next.

...

... ... ... ... ... ...

let's take a look at your credit. >>i know i have a 786 fico score, thanks to all the tools and help on experian.com. so how are we going to sweeten this deal? floor mats... clear coats... >>you're getting warmer... leather seats... >>and this... my wife bought me that. get your credit swagger on. become a member of experian credit tracker and find out your fico score powered by experian. fico scores are used in 90% of credit decisions.

♪ ♪ >> well, here's a tip. when meeting with the president of the united states, how about dress appropriately. this 26-year-old didn't get the memo. after the air national guard member wore a pollo shirt to a meeting with president obama. he only thought he would be in the audience in the new's conference with a senior white house official and he was told it would be an informal business casual event. instead he found himself sitting in a small table one seat away from president obama looking like a golf caddy. >> here i am with a commander and chief and i am underdressed. >> he deserves the most respect. >> the president didn't make any

comment? >> he didn't. >> he's too classy. >> of course, he is the president. i am not sure if he said did you see that guy? >> we all saw you, lance. always better to be overdressed instead of underdressed. can i get a witness? >> polo just sent him 10000 shirts. >> he was hoping like obama would be like what are you doing later, golfing? put me in. embarrassing. business casual is it not a pollo shirt. >> i mean, i feel sorry for him. he didn't think he would be in the table with president obama. but come on, the president of the united states is coming to your place of work put on a suit and tie. >> i did read where his employer said they misunderstood the message about the event he was going to.

and i think he was misled to thinking you are in the audience and just dress decent. >> don't dress like a job. >> you are not going to be. >> and big difference between in the audience and anoninous and a small table with six people and the president. >> he will had a good sense of humor. i have had people come to court. >> did you sewned them away. >> i had a young girl show up with jeans and crop top. she was like i can win this? >> it was. >> did it help her case. >> you think it is the appropriate way to address for court. she kind of paused and said no. i said good, see you tomorrow, dress appropriately. >> lance will probably wear a tuxedo.

nat least it was clean and no pit marks. >> tweet us all of the web comments. and i will take them now. we'll be back here on tv. "happening now" starts right now. >> and we begin with a fox news alert. president obama on the road in jamaica, taking an question from an american reporter on cuba. >> the president will not commit to taking cuba off the list of countries that sponsor terror. we'll have the news now. is russia raising the stakes? >> what message is vladimar putin sending with military flights getting too close to the united states for comfort? plus baseball size hail and damaging wind and damaging tornados and most of the country bracing for severe weather. we'll tell you who is in the crosshairs. and our guys try