>> what's the card i had in the box. >> seven of diamonds. >> i said you would put the card 17 -- turn over the 17th card. >> look at that. >> did i miss? >> no, that's -- let's make sure. bill: we must wait for the answer from kreskin. new details on hillary clinton's private e-mail scandal. revelations she sidestepped congress on her personal e-mail server for years. i'm bill hemmer. we have a big morning today.

martha: the big strategy for hillary is she is supposed to start small. mrs. clinton rolled up on board the name us to scooby van. the questions about her private e-mails. she was asked about that at state two years ago. bill: let's start with her event yesterday. there are reports that the reporters outnumbered invited guests. >> reporter: i can confirm that. but i don't think that's secretary clinton's fault. she is not in charge of who wants to cover her and fox and others wanted to be there. we were not part of that video

you were showing of some reporters trying to chase her van down looking silly. inch i'll tell you that was a lot of the foreign reporters who are following her around iowa. the "new york times" and "the washington post" were inside with fox. the foreign press was kept outside, so they got excited. i have seen some of those foreign reporters and they treat president obama like a celebrity and they will do the same with hillary clinton. you won't get video of knee chasing hillary clinton. bill: wingtips for you not track shoes. what can you tell bults e-mails. >> reporter: rum can darrell

issa sent -- republican darrell is a sent an e-mail asking if she was using private e-mails. it was never answered by secretary clinton. remember she did not sign that form on the way out of the state department that various people, experts say you are supposed to sign to verify you are leaving behind sensitive information you are not taking information with you. but she had server. and didn't let the state department know about tens of thousands of e-mails that might have been official that she hadn't gone through yet. she is arriving at a produce company. she doesn't want to get into the e-mails. we want a launch where she can talk about what she wants to talk about.

bill: marco rubio reacting to these reports that hillary clinton has been ignoring questions about her e-mails going back to 2012. smp. >> the biggest thing i have been concerned about is use of a private server to conduct foreign intelligence e-mails. those are vulnerable to hackers. if she has done that, that shows poor judgment. martha: lots more on the interview with marco rubio at 9:30 and you will see more in the 10:00 a.m. hour. the white house says president obama will sign the legislation that gives congress a say over any final iran nuclear deal.

the bipartisan bill received rare unanimous approval. here is senator bob corker. that was in the senate foreign relations committee. it now will go to the full senate for a vote. >> i have been strongly pro the need for congressional approval. there has been some suggestion if you think congress needs to approve this, you are anti-diplomacy. that's ridiculous. in is even a suggestion if you think congress needs to approve this you are pro-war. that's ridiculous. >> on behalf of the american people we believe it's our role to insure any deal with iran makes them accountable, is transparent, and is enforceable.

martha: doug mckelway joins us live from the white house. who gets the better end of this deal the white house other republican-led congress. >> reporter: the president was forced to make concessions after it became clear there was overwhelming support to pass this bill. that said, both sides had to swallow a bit of bitter medicine to make this happen. >> i don't want to leave you with the impression even if chairman corker and other members of the senate foreign relations committee were willing to agree to the substantial changes i laid out here, that we'll be particularly thrilled about the legislation that emerges. >> reporter: republicans admitted during yesterday's markup that this bill was not

everything they want. senator ron john johnson that it become a treaty. >> from my understanding what president obama is doing on behalf of america is a treaty. >> reporter: removing iran as a state sponsor of terrorism and limit the approval from 60 days to 30 days. but there is an important caveat. mr. obama wanted 30 days. after 52 days in obama could unilaterally ease sanctions

without congressional approval. martha: what about reaction from the middle east on all this stuff. >> reporter: israel still sees this deal as a pathway for iran to construct a nuclear bomb. i'm also reminded of king abdullah's comments to bret baier this week. he says iran cannot be taken in isolation. you have to consider its intrusions into yemen and north africa. that is not as it's presently constructed. bill: the white house agreeing a new version of the bill saying congress has a say in the deal overall. we'll speak to tom cotton in a few minutes. martha: president obama deciding

it's time to take cuba after the list of countries that sponsor terrorism. cuba has been on the terror watchlist for decade along with iran sudan syria. it landed there back in the 80s for supporting rebel groups latin america. that will happen in 45 days. bill: stunning thing to see how quickly this relationship is changing with iran and cuba. the foreign minister approving the deal of the surface-to-air missiles from russia to iran. the european union accuses

google. google could end up facing $ $billion in fines. martha: a stunning report you need to now about before you get on an airplane. the feds sounding an alarm on how easy it may to be hack into commercial jets. what is make our whole airline system so vulnerable and what can they do about it. plus this. bill: that is hard to wish. a police cruiser takes down a burglary suspect. why the officer said his colleague had to act. martha: the dea on stunning allegations of sex parties. the dea administrator he she

can't do anything to fix that problem. the head of the house oversight committee jason chaffetz, what he has to say about that coming up. >> you allow this foreign engages a prostitute, throws glass at her breaks the skin and there is blood all over the place and you allow that? ♪ help join a continent with nearly 3 million rugged square miles with a single broadband connection. when emerson takes up the challenge it's never been done before simply becomes

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martha: a serious warning for airlines and passengers. airlines and faa's attempts to month dennize plane and flight tracking with new technology makes them vulnerable to hack attacks. it does not say it would be easy or likely, but it's urging the faa to work quickly to make sure it cannot happen. bill: the head of the dea taking fire from lawmakers. she he she cannot fire anyone. this after revelations her agents had sex parties funded by colombian drug cartels. >> what do you have if you have agents you can't discipline and fire. what can you do? >> i can build on and improve mechanisms to make sure the

outcome is what we believe the outcome should be. >> you are protect can the people who solicited prostitute who had 15-20 sex parties used taxpayer money to do it. >> could you recommend they fire somebody? you can't fire somebody, but somebody junior to you can fir somebody? >> my position as administrator understand the civil service act, we have to follow certain civil service protections. bill: it did not get' better from there. jason chaffetz, what has been proven from what was happening outside the country? >> you had more than a dew -- ea agents that engaged in prostitution paid for by drug cartels. they had access to computers to

guns in personal residences. the problem is once they found out about it, there was one part where an agent has assaulted one of these women not onngaged in prostitution but he threw a glass at her on a dispute how much money he owed. the punishment was between 2-10 days unpaid leave. it seemed more like a vacation. the administrator who has been in the lead position for more than a decade, is the number one or number two pen has done nothing fundamentally to change -- the number two person has done nothing fundamentally to change this. bill: they are in another country using access from those they are supposed to be policing. money, access, guns, prostitutes. who thick this is okay --th

thinks this is okay? >> she says she is outraged but she hasn't done anything about it. she just claims there is nothing i can do because it's up to this board. i don't buy that. you can't operate as a dea agent if you don't have a security clearance. and she can do that. were they stripped of their security clearances? no. were they transferred to some terrible place? no. bill: it sounds like you have got a bigger problem in your hand and that is the government can't fire people. >> we have seen this across multiple agencies. but others seem to deal with this. but in the case of the dea she has been there for more than 10 years. i think the president should fire her.

if she is not going to strip them of security clearances and change the board one question was did you give bonuses and did they get promotions and the answer is yes. some of these people got promotions after this. bill: that's nuts. >> the president should fire her or let her go. bill: maybe that happens for her but there is a bigger issue and that comes back to behavior. who thinks this is acceptable. >> it many almost embarrassing but the on general friday sent out an e-mail to never the department of justice said even though it may be legal in some places you cannot engage in paid commercial sex. it's embarrassing to talk about this. and that's how bad it has become and there has got to be consequences. they flail their arms but they don't do anything. bill: has it stopped or is it still going on?

>> one of the most outrageous things is the dea wants to get to the ability of this but they impeded the ability of the inspector general to look under the hood. the inspector general gave them 45 search terms and they only searched on three terms. let the inspector general find out how serious this problem is. bill: martha? martha: some terrifying moments after a plane came in or an extremely hard landing. plus there is this. bill: that's a police officer using his car as a battering ram. why the department says the use of deadly force was justified.'t >> the first time i saw the

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bill: is aiana airlines skidding off a runway in japan. the plane's tail scraped the runway sending sparks in the air. crews evacuated the 80 people on board sending them count emergency slide. martha: an arizona police department defending the actions of a police officer after dash cam footage shows him using his cruiser as a weapon. it's pretty tough to look at. over he goes. man down.

36 years old. suspect survived that collision. the footage has teed a heated debate over police using deadly force. jonathan hunt joins us. there are two patrol cars in this incident and two different responses to this guy. >> reporter: as you take a look at the dash cam video from the first patrol car you can see the officer is deciding to watch this 36-year-old suspect as he walks down the street. he's suspected of a spree of crimes. he's carrying a rifle. then you hear a gunshot. >> one round just went out. he's definitely loaded. >> did the suspect shoot or did

you snoot negative, did not shoot. standoff standoff, the gun is loaded. that officer decided to monitor the situation and stand back. >> what a story. there is a second squad car that appears. take us through the rest of this. >> reporter: the second squad car appears and clearly the officer driving that vehicle has a very different approach to this situation. watch again here. >> oh, jesus christ, man down! >> reporter: that man did survive the hit. he spent two days in the hospital. this comes as we are seeing protests nationwide against the use of force by police. there were protests last night

in new york city, l.a., san francisco and in chicago. but in this particular case in tucson arizona. the police chief believes his officer did the right thing. listen here. >> that's not an easy decision. that's a tough tough tough decision. but he made it. everybody in control are safe. this guy walks away two days later and is in jail to be held accountable for his crimes. martha: the guy walks down the street and shoots a rifle. anybody could be hit with his bullets. >> reporter: a tough decision. bill: tough man. city of boston turning a page two years after the boston marathon bombing.

how the city plans to honor the victims and survivors of that attack. martha: senator marco rubio kick off his campaign this week heads out on the campaign trail. i asked him about the accusations he's too young for the white house. what he has to say about that and his foreign policy discussion all coming up. >> we have the most well buildout con size foreign policy document of anyone who entered the race so far.

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choice about what kind of country we'll be. martha: senator marco rubio firing up the crowd. he says it's time for a new generation of republicans to lead the way in america. senator rubio joins me now. you know what they say when you hear that. he's too young. we tried a one-time senator last time and it didn't work out so well. >> the reason it didn't work out is because barack obama's ideas don't work. i don't care if he had been here for 50 years. these things wouldn't work for anybody, necessity wouldn't work fort for john kerry after 0 years in the senate if he had been elected. my history up to this point is different than the president. i was the speaker of the florida

house, the third largest state in the country and i'll have served a full senate term before i serve as president. martha: you and ted cruz are basically the same age. you just look younger. >> don't tell ted that. martha: the "wall street journal" took a crack at your candidacy. they gave sufficient strong points upon foreign policy but they wonder if you are really a reformer. they talk about scott walker. they want someone who always true reformer. are you one and who and what would you take on first? >> my whole career has been about reform. when i was in the florida legislature we collected thousands of ideas from floridians and we published that in a book and we implemented that agenda.

more than half of them became law and policy in florida. in the senate i constantly rolled out reform ideas. obviously when harry reid was the majority leader they didn't get very far. whether it's reforming the way we grant foreign aid i have offered reforms on poverty programs. we have the most well build-out concise foreign policy document of anyone who has entered the race so far. martha: what would you take on first? everyone likes tax reform. but nobody ever follows through because then the lobbyists come in the accountant lobbyists come in. >> there are three things we have to do. we have to do all three at the same time. we have to become globally competitive. the 21st century economy is

global. we have to compete with other countries. that's why we need tax reform. regulatory reform. repeal and replace obamacare. we have a plan on that and balancing our budget through entitlement reform. and we need to reform higher education. we have to give people century skills for 21st century program. and we have to rebuild our military. we have to stop the dangerous cuts to defense spending. we have been outspoken specifically about what we would do in that regard. martha: immigration is a hot button issue where you are concerned. your critics say the bill you brought forward was amnesty. others say the was courageous and you backed down. under president rubio who would

get to stay in this country and who has to go home. >> we won't do it in one massive piece of legislation. we tried it and it doesn't work because americans do not trust that the federal government will enforce immigration laws. something that's been proven by the president's substitutive order. we need to show that we are enforce our immigration laws and immigration is under control. then we can moved forward with a merit-based system and deal with the 12 million people who have been here over a decade illegally but otherwise have not violated the laws. martha: enforce the existing law on the books. there are going to be likely 13 candidate in this race on the republican side. the bottom line question is how do you win where mitt romney

lost? we'll put up some number here. the hispanic vote last time around. -- this is the youth vote. 37% to president obama's 0%. the hispanic numbers look like this. 27% went to mitt romney, 71% went to obama. >> i don't think you can be president of the united states by targeting your message to one group versus another. we have a message and we have a policy that actually help all americans. we can all be bert off without anybody being worse off. that's why i talk about thing like student loan debt. that's why i talk about us being globally competitive. i want to reform higher education. both traditional college alternatives to traditional college. technical training in high

school. and i want america to be a global force for good. not meaning we'll get involved in every civil war on the planet. in the 1st century we cannot be prosperous without global stability. martha: senator rubio we'll have more question for you in just a bit. >> thank you. martha: we have more. it's going to be an interesting race. bill: there is so much to cover. stay tuned for more. in the meantime, today in boston they start a new tradition. two years to the day after the boston marathon bombing april 15 2013, the attack at the finish line shock can the nation. now they will use the date and

the time to honor the strength and courage of the boston people in the aftermath. >> reporter: from this day forward april 15 will be known as one boston day. it celebrates the survives and a day meant to be full of goodwill and good deed. it began solemnly with the raising of banners. one at each of the sites where the marathon bombs occurred. some of the victims and survivors including the richard family. they lost their 8-year-old son martin richard. his sister jane lost a fleght attack. survive wanted a way to pay it forward and pass on the support they received. using the hashtag one boston

day. at one hotel they are helping the homeless. hundreds of runners brought their shoes to a makeshift memorial honoring the victims. this hotel is collecting pairs of shoes for the homeless. it will go to the st. francis homeless center. take a listen to what the general manager had to say. >> it tied in beautifully with the boston marathon and the mayor's "one boston day." we are looking forward to collecting one for every room in the hotel. >> reporter: later today the mayor announced there will be a moment of silence at:49. he's urging people to join in to remember the victims of the marathon attack. bill: live in boston today. martha: this guy is being called the best boss ever. a ceo who cut his own paycheck

to give his employees a bigger piece of the pie. what a guy. bill: the president says he will seen it iran deal giving congress its say. but should this deal even happen? senator tom cotton is up next on that. >> we were give and lot of information about what secretary kerry believes but the problem is we still don't have an agreement. we are being asked to support it but we don't know what the "it" is.

martha: a couple big banks doing better than expected on their earnings. a busy day.

>> 11:30 secretary kerry in a classified setting was pushing back against this legislation. by 1:00 they realized this was a runaway train. they released their veto threament once they realized we were way beyond the number of people it would take 0 -- to override a veto. republican senator tom cotton has been critical of this iran situation. he's my guest from the hill. thank you for coming back and good morning to you. why do you have think the white house relented on this? >> senator cork is right. we'll have scene overwhelming vote on legislation barack obama threatened to veto for weeks he even threatened to veto it in

the state of the union. president obama released a deal that is a dangerous list of concessions that caused grave reservations in the congress. secretary came to the congress. and congress recoiled. immediately within two hours the white house has to withdraw their veto threat. it shows how deep the reservations are about the president's dealings with iran. bill: did john kerry convince you one way other other. >> i'm on the intelligence committee and i have been reviewing the proposal. it would let the world's worst state sponsor of terrorism have nuclear weapons at their fingertips. bill: bob corker is saying every detail will be reviewed by congress. >> you don't have to review

every single detail toll realize the proposal the president put forward is fundamentally flawed. it would allow iran to have nuclear weapons in as little as a year, that is if they follow the deal and don't cheat on it. they are fomenting terror it's not in the best interests of the united states or world peace. bill: i'm trying to figure out what the details are. >> a lot of people are trying to figure out the details. steny hoyer says there is no framework. >> that's exactly the point. there is no deal right now. in noise framework. in is just a long list of dangerous u.s. concessions. president obama said iran should not be able to keep a deep fortified in the bunker with

sentryconsiderwith centrifuges but we conceded on that. if there is a final deem reached by the end of june congress will reright and have a vote on it. but what the president already proposed is too dangerous a path to go down. you are talking this way you are not convinced by john kerry. we are hearing there is nothing to talk about at this point. it would seem based on that that we are a long way from getting something like this even signed. >> we are a long way. in part look at the what supreme leader of iran ayatollah khomeini said. he said there would have to be an immediate removal of sanctions and there would be no inspections. that contradicts what the president said in the rose garden. senator corker's legislation would insure congress has the

ability to review the deal and monitor any future deal. bill: what was passed yesterday you gave some concession to the the white house too on time limits. they were dekreelsd as opposed to increased or staying the same. >> i think 60 to 52 days was the agreement. but what was notable ap after months of threatening a veto the white house has to withdraw its veto because republicans and democrats in congress alike are recoiling from what they have seen the last few weeks and what they heard from second tear question kerry the past few days. bill: was john kerry convincing? >> i did not find secretary kerry's presentation convincing. it did not answer the questions about sanctions removals or inspections or iran many deep

underground bunker. it's president obama that led us down this dangerous path. bill: how would you characterize the level of questions aimed at senator kerry. >> they are along the lines of the statements and questions you see publicly. sceptical, concerned and even fearful. bill: fearful. >> a nuclear iran is something we should all be afraid of and do everything we can to stop. a nuclear iran increases the likelihood of a nuclear attack in the world and against americans. martha: you remember president obama once referred to them as the jv team. but now a top administration official says isis is quote off the charts historically. yes says the united states is now in quote uncharted territory.

martha: the ceo and founder of the seattle company called gravity payments. he took a 90% pay cut. he's pledging to pay each of his employees a minimum salary of $70,000 a year. >> you might be making $35,000 a year right now. but everyone in here will definitely be making $70,000 a year and i'm super excited about that. martha: when a ceo brings in a camera for the announcement you know something is going to happen. stuart is your take on this? >> reporter: why are you pouring cold water on this guy who is being generous. martha: he's getting ton of

publicity. i think there is a socialist element to this. he wants everybody to be at the same level. he says i'm a big believer in less. he's saying we all just need to have what we need to be happy which in his opinion and according to some stories is $70,000. >> reporter: it am credit card processing company. 11 years old. 120 employees. dan pryce is the owner he makes $million a year. he read a study that says optimal happiness comes at $70,000 to $75,000 a year. so he takes a pay cut. all of his employees move up to a minimum of $70,000 or more and take out of the profits as well to make sure everybody gets

$70,000 a year. >> martha: do you think it's a good business idea? >> reporter: it's a very generous move and ceo pay as opposed to worker pay is have much in the news. he's doing what he thinks is a good thing. do you think he's a socialist. martha: i'm not calling him a socialist. i'm saying there is a socialism tone to the way he's talking about how you pay people. but one interesting comment he made i thought was -- he said i'm getting paid $1 million which is what it would cost to replace me in the market. he thinks ceos are paid what hair market value is roth rather than their contribution. >> he's going on on my show. dan pryce beard and all. we'll debate socialism.

we'll. martha: he will visit shep later in the afternoon. bill: reporters chasing after hillary clinton's van. marco rubio if he were president, what would he do about iran and cuba next. whether you need a warm up before the big race... or a healthy start before the big meeting there's a choice hotel that's waiting for you. this spring, choose choice twice, get a night at no price at 1,500 hotels. book now at choicehotels.com . [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards

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martha: hillary clinton hoping to hit the reset button as she rolls into iowa this time as troubling questions about her email scandal put a crimp into the campaign this morning. there is new information on that. media cover you by some, call hilarious she said. welcome everybody, to a brand new hour of "america's newsroom." i'm martha mack. bill: just beginning. i'm bill hemmer. good morning. mrs. clinton spending another day in iowa. hoping to connect with campaign voters and everyday americans. that is her goal. if things are like yesterday everything was ridiculous with breathless coverage. check out this clip aired on another network of reporters and photographers following her arrival. >> we see the scooby van the famous scooby van coming down the road right now. there she goes.

secret service following behind her. they're going around to the back so we're -- you can see the media running behind me here, to chase the scooby van. >> wow. >> she is going around to the back. weil see her very soon. martha: how funny is that, right? jonah goldberg, senior editor of "national review,". you were out there right, running to chase the scooby van? >> sure. i'm an originalist and strict constructionist when it comes to saturday morning cartoons. the van was not named scab by the dog was. the van is the mystery machine. it is drivings me crazy. martha: no color on side of it. i was expecting little bit of color. basic black van. >> i listened to cnn report earlier they spent a good five minutes describing the van because this is vital news for america. martha: all of this is happening because hillary wants to get to

the grassroots. she had a disasterous time in iowa back in 2008. she wants to throw out everything from that rule book to start over. she will meet with the people. but it seems to go a little bit awkward so far jonah? >> it is. it is, some of it is not her fault. some of it is just the nature of the political -- when you have only one real candidate running in a major party primary they're going to get a lot of attention and part of the problem for hillary clinton she does not do well when she gets a lot of attention. there is reason why that announcement video had very little hillary clinton in it. she is not a compelling charismatic politician the way her husband is, the way barack obama is and so you get you know what i thought was sort of fascinating on substance side, after all this buildup clearly thinking about running for president for a very long time she comes out and says something yesterday, and, it was sort of conventional, dull, boring democratic talking

points exempt for her desire to amend the constitution amend the first amendment to get rid of pacs. martha: that small item. that's it. i want to play a little bit of brit hume. he was responding to this notion she is trying to appear more ard nary and more down-to-earth and of the people. here is what he thinks about that. >> i think this idea she will present herself as, as an ordinary person is ridiculous. she is not an ordinary person. in fact most americans when you get down to it, don't want an ordinary person in the white house. they wand extraordinary person in the white house. martha: we need extraordinary person in in the white house i think both sides would agree with what is going on in the world. is it a mistake to try to change that view of her? >> i agree with brit she shouldn't try to seem like an ordinary person in that sense but should seem relatable and likeable. basically she has the same problem mitt romney had. mitt romney i wrote this column many times had an authentic

inauthenticity problem. he seemed fake, that was really him. he looks like the picture that comes with the frame. hillary clinton simply does not seem like a normal, ordinary person or a person a normal ordinary person can relate to. that is a real problem for her. the amazing thing about the media bias question in all of this she goes to buy a burrito. she didn't buy a burrito. her van shouldn't be named for a dog. she bought a burt receipt toe dog. mark halprin said this was new around exciting and fun. we have never seen hillary buy a burrito before. that is lowest bar in history for fun and exciting. >> i think people want somebody who can make positive change. who can convince them in their own voice they mean business and put america on track. i think when that kind of connection is made with american voters that will have traction. i think all of this stuff is chasing the van.

it is all "scooby-doo" economics >> thank you very much. bill: so now we learn in about face the white house will sign a bill on the iran nuclear deal that will give congress the final say in this matter. both republicans and democrats were onboard. i talked with republican presidential candidate, senator marco rubio about that and others. marco rubio back with us. senator good morning to you from capitol hill. >> good morning. bill: on iran the vote was 19-0 in this committee. what does that tell the president? >> i think it tells the president there is strong, almost unanimous bipartisan consensus in the senate. that the senate has to play a role in this deal. what the president is asking for, he is going to or wants to unlateralry lift sanctions under national security waiver built into the original sanctions bill. what congress is saying we want to have a role preventing you from doing that if we don't think the deal is good enough.

while it is very clear we may disagree with the specifics what that sort of process should look like majority of republicans and democrats in the united states senate think congress must play a role in oversight on the deal. bill: that is clear listening to bob corker talk about that i think you're exactly right about that in the big picture what does this now say about iran's capacity to go nuclear. >> about the deal in general? the deal will allow them to keep in place the infrastructure they will need to one day build a weapon. by the way a weapons program for iran isn't just enrichment of uranium or reprocessing of plutonium, which is bomb design they could literally buy from multiple countries or individuals around the world. it's a delivery system, a long-range rocket. which is not part of this conversation. they continue to aggressively build up capability to construct long-range rockets to reach the one day the united states. those are untouched by deal. keep critical infrastructure at

some point in the future they could flip the switch on and build a bomb. that is what i'm most concerned about. that almost guaranties at some point they will move in that direction. bill: wow. guaranties? >> no doubt in my mind that the radical shia cleric they call the supreme leader that governs iran wants iran to have the capability not only to hold america hostage but destroy the state of israel. i believe that because he has said it. if someone continuously says they want to destroy israel we should believe them. bill: a lot of people are shaking their head steny hoyer leader on the house side said there is not a framework. it seems like both sides are talking past each other yet again on this more to come on that. now on cuba, what is the big crime taking that country off the state sponsor of terror list? >> first of all cuba now harbors dozens fugitives american justice. those include people who stole millions of dollars of taxpayer money in medicare fraud.

they're on the island of cuba enjoying that money. that includes a cop killer, that killed a cop in new jersey. someone on most-wanted list of the fbi. cuba tried to evade u.n. sanctions caught a year ago trying to do that. the country gives material support to the revolutionary group inside of colombia, a terrorist group. in addition to that, this is country with two high military officials indicted by a u.s. federal grand jury for, for being involved in the murder of two, u.s. citizens, pilots of brothers to the rescue who were shot down over international airspace. so, this is, they have all the elements of a terror sponsor nation. bill: you want to be president. if you were president what would you do on cuba. >> would go right back on the list. cuba would go back on state sponsor of terrorism list. i would move aggressively using radio marti plat to not just deliver content access of the

cuban people to the internet, using satellite technology, things the cubans can not block, the cuban government can not block. third i would increase the support to democracy groups of islands of cuba to build a strong civil society, prepare to help guide that country in democratic direction when raul and fidel castro exit the scene as they invariably will. they're both over 80 years of age. >> thank you senator. we'll get another opportunity soon. marco rubio from washington. >> thank you. bill: we'll see him on the trail as well. on iran, remember what tom cotton told us 30 minutes ago there is no framework that is even on the table. and what mike lee said from utah to paraphrase, there is no it there. so where do the discussions go at this point if, if all of the discussions in switzerland between john kerry and all the leaders from iran have been talking about this forever and you can not come home and put something on the table that lawmakers say okay, all right

so i see what you're doing here but i don't -- there is there is nothing there. martha: everybody who was at the table's idea what they agreed to, which is different things. bill: the point of that, you've got a deadline coming up here in june what 2 1/2 months away. there is big question whether or not they have anything to show for come mid-summer or beyond that here we go. >> here we go. high-ranking state department official saying isis is considered, quote off the charts in its violence. >> it is nice to hear the the admin acknowledging what we've been saying for months, that the growth of isis is explosive. bill: more on that moments from now. meantime breaking news out of massachusetts. there is a verdict that has been reached by the jury in the trial of aaron hernandez the former nfl star on trial for murder. we'll have that verdict in moments after this.

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bill: back to that news out of massachusetts. getting word now that jurors reached their verdict in the trial of aaron hernandez, former nfl standout star for the new england patriots. in total jurors deliberated a little less than 40 hours. they appeared briefly in court a bit earlier today before they went back and continued their work. that must have been about an hour, hour and 15 minutes ago. hernandez pleading not guilty in the 2013 killing of odin lloyd.

lloyd was said to be a friend. he was also dating the sister of the fiance of aaron hernandez. jerry has seven women five men. we should hear their verdict in 20 minutes. we'll take you there live when it happens. martha: meantime the obama administration is now admitting the unprecedented threat that we face from isis. that special presidential envoy to combat isis, bret mcguirk, is warning that these terrorists are quote, off the charts historically he says, and sent the united states quote into uncharted territory. this is the same group called by the jv team by the president not long ago. lieutenant colonel oliver north saying it is about time the obama administration came to terms with those facts and that reality. >> these are organized efforts on the part of isis to bring the fight home. we've seen what they have done threatening military personnel and families here in the united states. this sun charted territory. and it is a nice the

administration finally acknowledging they're not making it any better by what they are not doing and what they are doing. martha: lieutenant colonel ralph peters, fox news strategic analyst. he joins me now. good to have you here. >> martha. martha: what do you make of that distinct, sort of incongruity, that before the president called them the jv team and now one of the top advisors to the president says, no, this is something really different we've never seen before? >> well it's, it is just an absolute mess because i'm glad the obama administration has recognized the islamic state does pose a serious threat, great. but, these people don't study history. they ignore the lessons of history because they're uncomfortable and this is not unprecedented. this is not, we're not charting new territory. the united states military has fought extremists very successfully before in the philippines, the moros, absolute fanatics. we defeated them and put the threat on the back burner for

decades through relentless violence against them. and savagery. you kill these guys. that is what works. martha, there is for me, a deeper problem in that, this, all administrations but especially this one wants to address terrorism with lawyers. bret mcguirk has a lot of experience in iraq. doesn't seem to have learned much but when you send, when you make a lawyer your point man against fanatical terrorists the lawyer will do what lawyers do. he will worry about legality but in wartime you have to worry about what is effective, what works. had lawyers been in charge in world war ii we would not have won. we couldn't have done strategic bombing campaigns. certainly not dropping nucleares weapons. i think administration recognizes the serious threat but response is still terribly muddled. martha: they said there is no real military solution to this problem because the group is too spread out and they're in places where we don't want to have

boots on the ground which we've heard to no end. but i've always heard from you and general jack keane this is not unsolvable military problem. there are not that many of them out there, if you wanted to wipe them off you couldn't do it. you could, right? >> absolutely. and you do have to play whac-a-mole. again, martha, it's a nroblem with washington and cliche played upon cliche. if you don't play whac-a-mole you don't defeat terrorists. we've done this before. i'm sick and tired of people saying there is no military solution. bush tried there is no military solution. we have never tried a true military solution. because we've had a battlefield flooded with lawyers, we've had rules of engagement that kill our own troops and protect the enemy. we had journalists and human rights activists all over the place. if you want to make nice fine. if you want to defeat fanatical

apocalyptic terrorists you clear the battlefield of the lawyers and do what it takes to win. that means killing them, remorsely ruthlessly, relentlessly nothing else works. martha: colonel peters. thank you very much. we have breaking news. we'll leave it there. bill: as we mention ad moment ago, fall river massachusetts, we're now awaiting the answer from seven women and five men. this from the trial of the former star tight end in the nfl, aaron hernandez, charged with killing odin lloyd back in june of 2013. lloyd was dating the sister of hernandez's fiance. he was shot six times in an industrial park near hernandez's home. we're told the 12-person jury reached their verdict moments ago, deliberating about a week's time. the questions on the charges are as follows. first-degree murder guilty or not guilty. illegal possession of a firearm guilty or not guilty. illegal possession of ammunition guilty or not guilty. those verdicts to be read in 15

minutes based on reedout and direction we have from the court. we'll analyze that. we'll await the verdicts, from fall river massachusetts live here in "america's newsroom," in a moment. ♪ miranda: ♪ i got red dirt stains on my boots and jeans. ♪ ♪ calloused fingers from my guitar strings. ♪ ♪ wild like the wind in the tall pine trees. ♪ ♪ i got roots and i got wings. ♪ ♪

martha: we are back. fall river massachusetts, is the scene where you see aaron hernandez standing there somewhat nervously you imagine. he is about to hear the verdict in the case where he is charged with possible first-degree murder possible second-degree murder. there is also the unlawful possession of a firearm charge which he is also has leveled at him. this is from the 2013 murder of odin lloyd. we'll listen to the judge a moment. we'll try to figure out how the. >> what say you, madam foreperson, is the deft guilty not guilty, guilty of murder in the first degree or murder in the second degree. >> guilty of murder if the first agree. >> madam foreperson, which theory or theories deliberate premeditation and other extreme

atrocity or cruelty? >> extreme atrocity or cruelty. >> 2013 charging the defendant, aaron hernandez, with unlawful possession of a firearm, not at home or work. what say you madam foreperson is the defendant guilty or not guilty? >> guilty. >> indictment 2013,-983-c. charges defendant aaron hernandez with unlawful possession of ammunition, what say you madam foreperson, is the defendant not guilty or guilty? >> guilty. >> your honor the jury be polled on county one pursuant to rule 1.7. >> okay.

>> juror seat one is verdict on indictment 2013-983-a, as announced by the foreperson your verdict? yes. >> juror seat number three is the verdict announced by the foreperson your verdict? >> yes. >> juror, madam foreperson, is the verdict thaw announced your verdict? >> yes. >> juror in seat number seven is the verdict as announced by the foreperson your verdict? >> yes. >> juror in seat number eight is the verdict announced by foreperson your verdict? >> yes. >> juror in seat number nine is the verdict announced by the foreperson your verdict? >> yes. >> juror in seat number 10, is verdict announced by the foreperson your verdict? >> yes. >> juror in seat 13, is the verdict as announced by the foreperson your verdict? >> yes. >> juror in seat 14 is the verdict announced by the foreperson your verdict? >> yes. >> juror in seat 15, is the verdict announced by the foreperson your verdict? into yes. >> juror in seat 16, is the

verdict as announced by the foreperson your verdict? >> yes. >> and juror in seat 18, is the verdict as announced by the foreperson your verdict? into yes. >> please be seated. may the verdicts be recorded? into they may. >> members of the jury harkened to your verdict it will be recorded by the court. upon your oath do you say that the defendant aaron hernandez is guilty of murder in the first agree by indictment 2013-983-a under the theory of extreme atrocity or cruelty? the defendant is guilty of unlawful possession of a firearm while not at home or work on indictment 2013-983-b. and if the defendant is guilty of unlawful possession of ammunition on indictment 2013-983-c. so state you madam foreperson yes or no. >> yes. >> so state all members of the

jury? >> yes. >> you may indeed be seated please. >> members of the jury, and i include those of you who deliberated and those of you who are alternates, i want to thank all of you very very much for giving your valuable time to hear and decide this case. i am not unmindful of the sacrifice you all made to serve on this jury, and the destruction to your family life work schedule and social routine. i also understand that it is not easy to sit in judgment of a fellow human being. your contributions were essential to the functioning of our judicial system. there are few things more important than a citizen in a free and open society can do than serve as jurors for their peers. this is truly a peoples court with you the people ruling. at this time you're all

discharged and free to leave. i do have one last favor to ask of you. in a moment or two i would like to speak with all of you a little more informally in the jury room. i will be thanking you again for your service. i can not and will not discuss the contents of your deliberations with you. that is personal to the 12 of you who deliberated and the court will not be inquiring about that. i also want to tell you that under our state law after the verdict has been recorded, the court's list con enat thatting the names of the 12 deliberating jurors is a public record. it is likely that members of the media will be contacting you to see if you're willing to speak to them. by law the addresses of everyone called for jury duty is also publicly accessible. at this point the restriction on your talking to anyone about the case is lifted. but you are under absolutely no

obligation to talk to any member of the media about this case or indeed to anyone else. and you are free to refuse to do so. you may wish to take some time to think about whether or not you wish to be interviewed. if you choose to talk, you are in control of what you say. in other words, you may decline to answer certain questions and answer others. purely as a matter of convenience for those of you if any, who may want to talk to the media at this time, a room will be made available for this purpose. the media who have been regularly covering the case and who are present have represented to the court that they are not likely to otherwise contact any juror who makes himself or herself available in that room, to be interviewed and they're also not likely to contact any juror who comes into

the room and expresses a wish not to be interviewed. the media has been ordered not to photograph or film any juror who enters the room without that juror's explicit permission. we will have a bus to take those of you who wish to leave immediately to the parking lot and a second tus leaving later should any of you choose to godown stairs to the room set aside. you can choose to walk to your car, if you wish. i do however, expect that there will be a large contingent of media and others in the front of the courthouse. many with cameras. so you should be aware if you opt to walk outside of the front door, you are likely to be approached and or photographed. if you choose, to talk today or at any future time, please consider that your deliberations were conducted in secret, in order to encourage free, open, and candid debate in reaching a

verdict. as one united states supreme court justice wrote in a decision, freedom of debate might be stifled and independence of thought checked if jurors were made to feel that their arguments and ballots were to be freely published to the world. given the strong interest in the freedom and independence of jury deliberations even if you choose to talk to the media, you may refuse to disclose what went on in the jury room and may wealthy it better and more prudent to decline to discuss what occurred in the jury room. i strongly urge but do not order you to keep the contents of the jury's deliberations private and confidential and not to discuss what anyone in the jury room may have said. i will be back to talk to you a little more informally in a few moments. thank you. >> all rise.

bill: judge susan garsh very thorough at the end. you're watching the downfall of a man that had so much going for him. aaron hernandez guilty of first-degree murder, clearly the most serious of three charges he was facing. mandatory life in prison without the possibility of parole, pending appeal. hernandez a star tight end for the new england patriots in the murder of his friend odin lloyd shocked the league and shocked the country frankly. but this prosecution put a man on trial with no murder weapon and no eyewitness. what they relied on cell phone pinging sound what they relied on was in-home surveillance video and a marijuana joint found near the murder scene that the prosecution says contained the dna of lloyd and hernandez on it. laura ingle, the reporter here in new york been watching the trial from the very beginning. laura, good morning.

>> reporter: good morning, bill, as we take a look at the timeline it took jurors seven days of deliberations to reach their verdict. they have sent out several notes while they were behind closed doors during their deliberations but none of them related to the murder charge. they had asked instead of clarification on possession charges and also for a list of the 439 exhibits in the case. you mentioned those are the obviously they looked very, very closely at those exhibits. the jury consisting of seven women and five men have gone over the trial's evidence and testimony. we calculated for roughly 36 hours since last week. the former new england patriots player pled not guilty to the 2013 killing of odin lloyd who was dating the sister of hernandez's fiance. lloyd who was a semipro football player for the boston bandits was 27 years old when he was found shot to death in an industrial park less than a mile from hernandez's home. he was shot six times.

during the trial prosecutors told jurors hernandez two of his associates, picked lloyd up in boston telling him they were going to quote go party you but instead drove him to his excuse. prosecutors contend hernandez pulled the trigger as lloyd was getting out of the car. they continued shooting him. they say after hernandez and his two friends returned to his north atter borrow home surveillance shows hernandez carrying pistol which was the murder weapon. as you mentioned, the murder weapon was never found. now that woe have the verdict, there it is, first-degree murder and guilty verdict. we'll bring you more from the courtroom as we get it. bill: thank thank you, laura engle. thank you. >> the girl you saw in puddle of tears behind hernandez there, she testified that he asked her to remove a black box from the basement. that she debossed that black box

in random trash bin. that was never found. the speculation it may have contained the murder weapon which was never part of the evidence that was put forth here. nor were there any witnesses in this case who testified to the fact that aaron hernandez shot and killed odin lloyd. let's bring in judge andrew napolitano, fox news senior analyst. judge, what is your reaction? >> well you know, martha, it is rare that jurors will return a first-degree murder conviction where all of the, all of the evidence is circumstantial, meaning there is no eyewitness there is no fingerprints on the gun. it is all inferences. so this is an unusual, unusual case quite frankly, i'm a little surprised. i expected there would be some sort of a compromised verdict not because he has any redeeming values whatsoever because the evidence for first-degree murder was not quite as tight as the government would like it but they did a superb job in presenting largely scientific evidence to allay jury and

convincing that jury that this is the just and true verdict. they have two more murder trials. he has a lot more criminal trial activity still coming that will probably try him on those cases as well. in case something happens with this case. massachusetts as we just heard the judge say is one of the few states that permits inquiry into the deliberations in the jury room. all they have to do is find one juror saying i didn't really go along with it. i went along with it because i wanted to get the heck out of there, serious appealable issue. because of that, possibility this could be undone they will try him for the other crimes as well. martha: i believe the woman in the blue dress is odin lloyd's mother. interesting dramatic situation here because you have sisters who have been sitting on opposite sides of the courtroom. one of the sisters was dating odin lloyd because aaron hernandez, you see sitting there, shrunk into this seat after getting this news which appeared to him quite a shock.

his attorneys there with him obviously thinking, judge how they will appeal this case whether or not they have any avenue for appeal. there was one bit of evidence in terms of the dna testing that was found on a shell casing at the scene. in testing hernandez's dna was found on the shell casing, that may have been, you know, the piece of evidence that they hung this on. also the video that showed hernandez walking out of his house, with something black in his hand. >> right. martha: the jurors may have interpreted as murder weapon, judge. >> you know the defense closing argument was very unusual. i never really heard this happen before. after all these weeks and months in the courtroom, which they did a very good job of cross-examining the government's witnesses their theory was, he wasn't there, he had nothing to do with it, this is just a coincidence in this evidence. in their closing argument they say he was there. knows who did it. he didn't pull the trigger. he didn't do it himself that

type of concession is very very, risky. sometimes juries like when you admit the obvious. sometimes that is the last piece of the puzzle they were looking for. even though he didn't testify directly, testified out of the mouth of his own lawyer he was present at this execution. bill: judge the defense called three witness, did it in one single day. are you able to gauge how strong the defense was? >> this is one of -- bill: that little presented? >> this is one of those defenses, bill where there is no affirmative defense. there is no alibi. there is no, i didn't do it. there is no, here's why your testimony is wrong. there is no, you get the wrong guy. the defense basically is, the defendant is entitled to the full protections of the constitution and the constitution mandates he can't be convicted until proven he is guilty beyond a reasonable doubt. we'll make the state prove it. that is the defense. bill: what is your sense of the evidence when it comes to a

technical standpoint? cell phone surveillance video? is it common when you get a guilty verdict of this deagree, using, using technology essentially? >> yes. think of it this way bill. you can cross-examine and you can challenge the memory and the eyesight of an eyewitness. you can not cross-examine the information from a computer chip in a cell phone or on a video camera taken in the defendant's own house. so in some respects, circumstantial evidence is stronger than eyewitness testimony. it is, however unusual that an entire first-degree murder case first-degree murder planned, plotted, carrying the maximum penalty available in that jurisdiction, massachusetts as we know has no death penalty. it is unusual that entire first-degree murder case would rely exclusively on circumstantial evidence. this is one of those cases where

it worked. bill: we had a chance here to watch a judge literally in action susan garsh. what was your impression sitting and listening to her? >> i thought she was thorough fair and understanding. she has a job to make sure that the state has a fair chance to present its case. that the defendant is fairly treated. that the defendant is not punished unless and until the evidence is sufficient to prove guilt beyond a reasonable doubt. she was extremely patient and extremely fair. indeed that was her reputation before this trial. bill: thank you judge andrew napolitano in the studio with us here. took a week of deliberations seven women five men. verdict on first-degree murder is guilty. aaron hernandez will spend life in prison without parole. >> madam foreperson on indictment 2013-983-a, charging the defendant aaron hernandez with murder, what say you madam

foreperson? is the defendant not guilty, guilty of murder in the first agree or guilty of murder in the second agree? >> guilty of murder in the first agree. >> madam foreperson, by which theory or theories.

martha: we have witnessed stunning moments of drama in a courtroom in fall river massachusetts, where the former tight end for the new england patriots aaron hernandez was just convicted of first agree, premeditated murder, the highest charge that was brought against him, plus other charges as well in this case for the killing of odin lloyd 27-year-old football player himself. they were, the fiance was, her sister was dating odin lloyd and the sisters have been on opposite sides of this courtroom. huge amount of emotion poured out. a lot of shock by many accounts the way this verdict went down. we continue to watch.

we're about to get the sentencings of aaron hernandez. that is moments away. stay tuned for that. bill: microphones camped outside of the courthouse, we expect attorneys to come before the microphones, if and when that happens we'll bring that to you live. lis wiehl, fox news legal analyst, judge napolitano still with us, arthur aidala, legal analyst as well. wow, you have a case now where you talk to the judge about this you do not present a murder weapon. do not present a eyewitness. lis, ladies first. does this surprise you? >> it does not surprise you. it is circumstantial evidence case. you don't have somebody say i saw hernandez shoot the buy. you don't have that. most cases are circumstantial evidence cases. that is how they're brought, this jury, mode that we're in now, juries think you have to have the smoking gun. you don't have to necessarily have it. what i am surprised about it how long it took. the average length of jury

deliberations in murder case in this district are between four around six days. this was on the outside envelope of those six days. this watts seventh days. i'm telling you guys, i'm sure the prosecutors were sweating the last couple of days. >> they were sweating because even those of us that watch these things, i expected him to walk. >> you did. >> took this long. did you think they would come back with guilty verdict after seventh days. >> i thought it would be hung jury. judge, when you're in that position, i would call this overwhelming evidence even though it was circumstantial, as a defense attorney, i would like to think that mr. hernandez is in the back right now or going in the back and shaking his lawyers hands look, you guys did the best you could under these circumstances. you kept them out all of these times, 35 hours total deliberations. that's long. >> may i ask a question here? >> sure. >> what do you think from the defense perspective, if the closing argument, when you hear it for the first time, all of stuff was hernandez there or

not, in the closing argument they admitted he was there but he didn't do anything about it? and massachusetts, as you know is a joint venture state which means once you join in a venture, not a business venture have intent even if you're not trigger, you're guilty of murder. >> as judge napolitano could tell you he tried hundreds of cases, you can't lose credibility with the jury. as an advocate, once you lose credibility you lose the jury. what you do, you admit what you can't deny. so you have to admit he was there. his dna is on marijuana cigarette next to the body. but you deny what you can't admit. you can't admit he pulled trigger. he was there, he reacted totally wrong. should have picked up phone, called 911 administered cpr but you can't sentence him to life for this. >> admitted at end looked like concession rather than admission. martha: that says a couple of things to me. that is, that they were concerned at that point, and that they were pushing for second-degree murder perhaps because they wanted to remove

him a bit but in this case this jury found him guilty of premeditated murder. they had no doubt in their mind, when they put odin lied in that car and told him to go to a party, they were intending to take him out to execute him. >> i don't think this admission helped the government convict him. i think they had all the evidence they needed. as arthur said, the evidence of guilt was overwhelming. i think statements was made in closing for the reasons arthur articulated. you can't really deny the obvious. acknowledged from the beginning but wouldn't appear as startling bill: arthur as the defense attorney, how strong of a leg do you have to stand on appeal? >> well here's the good part, bill. it is 439 exhibits, 135 witnesses over nine weeks of testimony, three jurors dismissed. each one of those avenues gives

you an avenue of appeal. each one of those areas give you avenue of appeal. obviously mr. hernandez has considerable financial means. he will get the alan dershowitz of the world to go over testimony. go over every page to try to find something. >> each one of those areas is a decision the trial judge had to make if she made enough of them incorrectly or if she made enough of them differently than the appeals judges would make them it could constitute the basis for an appeal. to me, from this vantage point that seems extremely unlikely but he has nothing to lose. he is in his 20s. he is worth millions of bucks. facing the rest of his natural life in jail. might as well spend money to see if there is a chance to get new trial. >> he will spend more money as you know, alleged to have committed two other murders. bill: but the question is do three of you or any of you see an avenue for appeal? or is aaron hernandez walking into jail for the rest of his life?

>> i do not. i agree with the judge on that one. this judge was very good. any error may have been committed would be what we call harmless error. would not have changed the outcome of the verdict. >> if i may contradict my esteemed colleague >> reason why i can't answer question, bill, this is not one of the cases we followed day in, day out like casey anthony. you saw all the rulings and testimony. you need a legal scholar go through it page by page with see if there is enough. could be one big error. >> cumulative effect of her erroneous rulings must be such that if they went the other way follow me? he would have been found not guilty. who makes that determination? a panel of three appellate judges who are the in business of second-guessing trial judges. martha: these defense attorneys obviously it is their job to create some bit of doubt in

these jurors minds. i find it, when you look at some of this evidence, you talked about the marijuana cigarette that was found at the scene arthur, that could also go to the argument they were making he was simply there but to me one of the most damning bits of evidence may have been that his own fiance testified that he called her asked her to remove a black box from their basement. she dumped in a trash bin. she never looked at contents of what was in the box. i have to believe this jury believed that box contained murder weapon. martha: not only that but she asked her to give money to one of the codefendants. right after the day after. that he had a fight with the victim just a couple of days before. >> sometimes the length of duration the duration of the deliberation does not mean there is doubt there they want to dispel. it means they are thoroughly going through as arthur said, 439 pieces of basically scientific evidence and notes

they kept on is 35 witnesses. think about it, it would take you five six seven days to do that. bill: there is remarkable scene we're watching as reporters move from one location to another. that could be family members, could be attorneys. unclear from the helicopter aerial. there is one more phase of this story that is expected to play out in a matter of ten minutes. that is the sentencing phase. we will take you back inside of the courtroom when that happens. aaron hernandez, guilty of murder in the first agree. martha: we'll take a quick break. we'll be right back. >> members about jury, harken to your verdict as it will be recorded by the court. upon your oath you do state the defendant aaron hernandez is guilty of murder if the first agree and indictment 2013-983-a. under the theory of extreme atrocity or cruelty. the defendant is

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martha: take you pack live to fall river massachusetts, where moments ago, aaron hernandez, former tight end for the new england patriots was found guilty of murder one. he will be convicted to a life sentence. we expect that to happen in a few moments. the judge will announce the sentence shortly. during this period we understand aaron hernandez can speak out on his own behalf. they're waiting for family members to arrive in the courtroom as well. they may be speaking out as well. the question of whether or not he will appeal continues to hang in this story as well. we have our legal panel back with us here. bill: lis wiehl, the judge artie aidala. twitter, i don't how it can be first degree with no weapon, no eyewitness, no confession and no videotape? >> the essence of first degree is planning and quality. it is not the quality of evidence. it es behavior that preceded the murder. this is proof of an

execution-style murder, classic, classic first-degree murder. >> any disagreement there? >> no disagreement bill. circumstantial evidence is not poor kid on the block not as good as direct evidence, the actual gun. that is how cases are built brick by brick on prosecutors. they had overwhelming circumstantial evidence here. it took the jury a while to go through it. >> the classic example, bill if someone comes here with umbrella dripping wet or shoes dripping wet do you need sid yo to see that is it is raining outside. could it be possible someone use ad fire hose on them? that is something the jury would figure out. martha: martha: he might have gotten parole after 15 years but just to clarify in massachusetts. >> first-degree murder is intentional killing without the planning and plotting ahead of time. martha: other than life in prison for him. unless they have successful

appeal. now would you expect if they're going to pursue an appeal he would not be speaking at this moment? >> if he speaks now it would be against advice of his lawyer to you because anything he said now could be used in two subsequent prosecution. >> it could not help him. everyone is clear. we're having immediate sentencing. there are not sentencing submissions or. if this is her nephew she has no choice. >> family can allocate. have their say but it will not have any different effect. >> just so you know martha, the defense attorney here, the defense team, all they were hoping for was second-degree murder. that is would have been a huge victory. >> or hung jury. >> she will basically say to the victims, the victims relatives, do you want to speak? the law permits this. it is cathartic for victims to say to the defendant's face what they have been holding inside of

them since their loved one was killed. that could go on and on and on. bill: this could happen today you're saying? typically that is not the case though, is it? >> say again? bill: typically you would go several is days -- >> weeks months. martha: such a definite sentence. >> there were no choice. we were discussing at the commercial break. the same thing with the "american sniper" defendant in texas. the judge had no choice. immediately after the verdict, there is no indeterminant factors. >> a question -- martha: or mitigating? >> correct. >> is there a question of judge physically pronouncing the sentence and sign the document and take him away. >> as his defense counsel if he wanted to say, your honor i respect the system, i'm telling you looking in this court's eyes, i didn't kill anybody, i wouldn't have a problem with that. martha: that is interesting. >> nothing would be served by that other than some pr value

which is minimal. martha: this is a man who watched his life go from potentially huge, shining career -- >> it was a huge career. 40 million bucks. martha: bob kraft, owner of patriots testified on aaron hernandez's behalf in this trial. he went in and told the jury that aaron hernandez came to him when this started to unfold an assured him he had absolutely nothing to do with this murder. and that he believed him. and that was what he testified. that and many other things obviously did not sway this jury at all. bill: arthur when you are considering putting your client on the stand -- >> that is probably hardest decision you have to make. bill: did not happen here obviously. so they nuclearly, that that was an enormous risk they were willing to take. >> trust me, bill, right now they're second-guessing themselves. in other words if it go-go's the right way you made the right decision, but if it goes the other way they will

second-guess. attorneys will shower put their head on pillow, should we -- they may know something we don't know that they couldn't put him on ethically speaking. >> meaning if they couldn't put him on the stand to facilitate lying. they probably did some sort after mock cross-examination. realized, in their offices this would be more harmful than good. >> that is the hardest decision, typically, bill, the hardest decision a defense attorney has to make. >> you talk about, arthur, second-guessing themselves, that closing he gave away why he was there. bill: lis what happened during the closing? >> in the closing arguement his lawyers admitted he was there. >> for the first time. >> but had no part of it. then you're thinking if you're a juror, this big guy this big tough guy, he is there watching maybe future brother-in-law get shot execution-style and does nothing? it is unbelievable. martha: he is aaron hernandez.

other people will go ahead shoot his fiance's sister's boyfriend in front of him and get away with it. plus his dna was placed at scene. >> exactly. martha: that made it i am possible. >> at the beginning it would have inured themselves with the jury. martha: much the same way the tsarnaev attorney said he did it and. bill: there was calculation, what you say in the course of evidence and testimony that would lead his attorneys to finally put him in that place at 3:00 in the morning, a couple of miles from his house half a mile from his home. >> the question is believability. would we lose all credibility with this jury if we maintain what we said in the opening which is that he had nothing to do with this? or are we going to help the government by admitting the obvious. >> when i'm looking at a