we'll see you back in hone hour. >> "outnumbered" starts next. happy friday. i am sandra smith, this is "outnumbered." harris faulkner is here, kimberly guilfoyle is with us kirsten powers and today's #oneluckyguy jesse watters and he is outnumbered. thank you for joining us. >> it is a pleasure to be here. >> you are happy to be here. >> i love being here. you say nice things about me. >> he has been getting a lot of compliments here. >> i said you are a great

writer. >> i said are you talking about the writing on waters world? >> come on kimberly. it is a work of art. >> the department of justice is launching an investigation into the baltimore police department coming a week after the city's prosecutor charges six officers involved in the arrest of freddie gray who died in police custody with charges ranging from second-degree murder to assault. attorney general loretta lynch. >> the department of justice is opening an investigation to see if the department of baltimore police department engaged in violations of the constitution or the federal law. it will begin immediately and focus on allegations of that baltimore police officers use excessive force con tucked

unlawful seizures and arrest and engage in discrimination. >> the federal probe is coming as we could be seeing the unraveling of the cases against the six officers. officials warned some of the charges could be dropped and they don't believe a charge more serious than manslaughter should have been brought against any of the officers. and the police department investigation finds there was probably cause to arrest gray because they said the knife he had on him at the time was actually illegal under baltimore city code. mosby's critics including former prosecutors accused her of rushing to judgment and bowing to public pressure to bring the case. a former prosecutor wrote what is the only thing failing to bring charges against police

officers that commit acts of brutality? the answer? loosing at trial. if you don't believe me look at rodney king. that led to the worse urban rioting in the united states since the 1960s. kimberly if you saw the case against the officers unravel. what would happen >> it would be worse. they have set themselves up to fail almost because anything short of the charges will bow a failure. there could be more violence property damage in the street they overpromised and now there is a likelihood they will

undeliver. if the knife was spring assisted it would be illegal so the valid arrest would be probably cause but that would be more to a civil case. what was the rush and need to rush the judgment like this? doing a sloppy investigation, throwing charges up against the wall without clear real undering of the seriousness of what they mean for a second degree depraved murder homicide. >> i remember judge pero responding and saying this prosecutor wouldn't have brought the charges on so quickly had she not had the evidence and felt like she could prove every single one of them. >> the judge is saying he seemed confidant and she was certain.

we will have to see if she is right down the future. you talked about why the press to get the charges and public so quickly. it was a self-imposed deadline of may 1st officials on the ground set to come forward with something. it didn't have to be charges but a moving forward of the case. they were under pressure to do that because they had national guard on the ground made a promise and felt they needed to do something big. >> justice is not on a specific stop watch. if it was delayed doesn't mean it would be denied. the justice would be served by a thorough and fair investigation. don't both sides warrant and demand that? being the top prosecutor there she is under obligation to be blind to seek justice. not she is part of the young movement it is our time for justice. >> one thing i heard people say is she maybe over charged to

turn the cops against each other and reduce some of the charges. >> that is not even appropriate or ethical in and of itself. if you have a case you are supposed to have the facts evidence forensic and medical examiner report. and she might say i heard them saying this. but for a depraved murder of second-degree they will imply malice is there. if you ask in a conscious disregard of the known risk that is likely to cause great bodily injury or death. driving the car and bashing him around knowing he could break his neck. >> there is a fox news alert. a couple hours ago the u.s. military hours raised security at bases around the station because of growing jihadist threat. they are not tying to a

creditable threat but it comes after a terror attack in texas. we learned the local authorities were warning to be on the lookout for elton simpson saying they set sent a picture of him out after he expresses interesting in going to the event. he said i know there are other elton simpsons out there we are watching and some we don't know about. the important piece is he was on the radar but the other part is he hopped on a plane to go to texas. why didn't they know that? >> if they were not so focused on the right ring miltia terror

threats maybe they can focus on this. these guys purchased weapons illegally. one is on the no-fly list and the other on not allowed to purchase them. everybody is worried about surveilling the mosques but they had no problem harassing the tea party they had no problem looking at james rosen's e-mails but you cannot go look at a mosque all of a sudden. it is backwards. >> what is interesting is if the local authorities got notice of elton simpson he is not in their jurisdiction and you would have to know if he hopped on a flight. i reached out to the faa saying is there a system his name should have pop up and she said

there is a secure list and the advance passenger system that the tsa and other authorities can tap into. the representative said very quickly you could find out if that name was on a travel list anywhere and where he was possibly going. that would have been helpful to the people in texas. >> it might have been helpful if someone was monitoring this twitter account before leaving. but it brings up the how many eyes can you have across the board and we keep asking how much involvement should we have from companies like twitter and facebook. how safe can you play it when there is so much to look after out there and such a large responsibility? honing in on one man takes resources and time and with

simpson a lot of ink that you are talking about maybe having more survey surveillance surveillance? we don't want to lose our rights because they are trying to find people like this. i personal don't want them going through all of my e-mails and phone calls. that is how i feel. >> i don't mind. >> i don't like out of fear giving away our civil rights. >> i don't think they are looking at your e-mails. >> i do work at fox news. and the other thing i want to know is will it stop people like this? the government overreaches and doesn't stop people. >> i think it is the authorities having the ability to go after them. we have a big decision coming up and saw another one yesterday

with the panel of three judges regarding the nsa and patriot act. it said it was an overreach and the nsa program according to the panel of three judges was an overreach and they should be able to see what they want. >> there is another way to get around it. >> senator ron paul saying this is a victory it can not happen anymore should we be looking for it? how will they keep us safe? >> we will find another way to put it in place. they are saying it wasn't appropriate under this provision. this could be back on track before you know it. we have to safe guard our liberty and can't throw approval and allow people to go through everything. i would like to believe they are

more careful in what they are looking at because it is an issue of money and allocation of resources. you are not spending time on sandra smith but people like elton simpson. you have to be focused in the right direction. it is all about amasking the right kind of data and information so you can say i will look at harris and know a known associate of hers is jesse watters. >> this change in raising the security levels at our american bases is an addition to random drills and exercises and meant to make sure we effectively execute the force protection mission. the timing is coming after sandy night and the attack on the free speech event. >> i remember when the bush administration used to raise the terror threat levels and were

accused of fear mongling but the obama administration does it and it is serious threat. >> they are telling me to wrap. trouble ahead for hilary clinton? the front runner trailing three republican contenders in new hampshire. should she be worried? plus tom brady hailed as a hero making the first public report that says he likely knew what was going on in the deflate-game. his response. was it enough? >> has this detracted from your joy of winning? >> absolutely not. [applause]

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and this is the official celebration today 70 years victory in europe day. the day that the nazi-germany fell. world war ii and we are seeing this all over the world but here in the united states a flyover. and let me tell you about it. 56 planes in 56 formations. this flight route involves the

faa, transportation security administration and nearby airports including the reagan national airport. they closed commercial traffic during the noon hour so the flyover can happen. world war ii memorial on the mall is where the celebration started. we heard from the former secretary of state, dozens of veterans were there laying wreaths in memory of the 400,000 americans and 60 million people worldwide who died during world war ii. the formation is taking place during the hour and they are plying over the pluatomeic river and will fly over the memorial. a tilt to the future. we absolute the future learning from the past. this is live. if there is more to show you and tell you we will bring it.

welcome back to "outnumbered." it is good to be tom brady. fans treating the patriots' quarterback like a conference hero when he showed up to an event in a helicopter in massachusetts. the first public appearance since the report he likely knew the balls were deflated. hear what he had to say when asked what he thought about it. >> i don't have any reaction. our owner commented on it. it has been 30 hours so i have not had much time to digest it. but i will let you know how i feel about it. >> and everybody else. >> are you that slow of a reader? >> my athletic career has been better than my academic career. i am used to reading x's and o's. this was a little longer.

>> lots of giggles and cheers. it is home town crowd. so we wait for brady to make his way through the pages they continue with the allegations that number 12 knew the balls were being tampered with. his agent had this to say: >> the recent history of the league when the comes to disciplinary measures and i am looking at its own history this is not speculation, has been fairly spotty, there have been a number of decisions made by the league office that have been overturned, so i don't know what to expect because the decision making i would probably describe as frantic at best. >> a source tells the boston herald the nfl could issue their discipline ruling as early as

this afternoon. lots of speculation what it might be. five or six games or something but no bun is talking about a super bowl title stripped away. a lot of people are challenging his response and aloofness to the whole thing. >> i cannot believe i'm saying this. i kind of feel bad for brady. he is not getting the benefit of the doubt but hilary clinton is. they hired this firm. it is a hired gun. they do business with the nfl and stack the decks. this is the same law firm that did the report that big tobacco brings in to say cigarettes are good for you. all i say were a bunch of girly text messages from an equipment manager that don't ad up to much. but the report declares it is more probably than not that brady was aware of the deflating

of the balls. >> you are not answering the questions. >> hot air can puck up the ball. >> i think it was a setup by the nfl to make it look like the commissioner had integrity. >> they knew there was a sting going on. they alerted the ravens but never told the patriots about it. we have no idea if the refs checked the air pressure before. >> those text messages were damming. >> i don't know what it is up with jesse today. it seems like you want to give him the full pass and he is complicit in any of it. >> as a lawyer you need more nan a few text messages to convict him. >> there is suggestion a violation was committed. i am not saying it was beyond a reasonable doubt. >> you would have this case thrown out so fast. >> everybody is talking about

tom brady's reputation being clean. they talk about his family his wife, his stellar career, none of this has anything to do with us. she is beautiful and he is talented. >> you can argue this could taint his legacy. >> the bigger point is he had on occasion asked for weights of error on the football because he knows how he likes them. so there is precedent for making request of deflated balls. >> that is circumstantial evidence which does have the same weight as direct evidence. >> if is a true and this is true it is like pine tar for the pitcher. it is not that big of a deal. >> it is a big deal. >> that is a one-game suspension. >> that is cheating. >> you cannot cheat in the super bowl. >> it wasn't the super bowl but they blew him out in the second half. >> tar on the balls does affect

the trajectory and speed of the ball. >> kirsten powers has been quite. >> i am wondering what girly text messages are. >> lol? >> boys don't do that? >> i think there would be some resistant to having a punishment because other teams that played the patriots would have the beef to say maybe we should examine all of the wins and losses of the season and give them the legal ground to make decision of punishment retroactive. it could be significant. we will wait and see what they do. will they dowhat brian was saying? second round draft pick loss? this is what is on the table and needs to be considered. >> if it doesn't make a

difference why did they do it? what is the point in doing it? >> brady likes his balls soft. he played better with softer balls. >> that is cheating. >> i don't know if you have the evidence according to the report saying i am tom brady, this is what i want you do it. they have no video evidence of it. i am saying give the guy the benefit of the doubt. >> you compare the things that are actually important going on in the nfl and those are domestic violence cases. >> when there are allegations out there and he sat on the stage answering these questions with a big smile on his face and acted like it is no big deal it didn't look very good. >> it didn't. >> they are doing it, though. >> he has good hair too. >> thank you. >> moving on brand new polling out of a very important state

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more bad news for hilary clinton. a new poll shows her trailing not one, not two but three of her republican challengers in new hampshire the first in the nation primary. former florida governor jeb bush leads by 47-41 percent which a huge turn around where she led by ten points in february and now ron paul is leading ahead and so is marco rubio.

wisconsin governor scott walker tips her at 44%. you were saying jesse in the break you think this is a big deal. >> she is looking like an out of touch hypocrite saying she is going to fight for the middle class and getting paid $300000 to go off on a private jet and stay at a nice hotel and her husband is defending half a million speech say they need to pay the bills. the clinton are talking like they are floyd mayweather. the news is not kind talking about the racial tension. i cannot imagine when sanders calls her a corporate fascist. he is in for a tough road. >> the reason i don't think she is in for a tough road because she is not going to have an opponent and i think the people that support her are like you

with tom brady. the reason he can act like that is because the fans don't care. people that love hillary love her and this is baked in the cake. >> she took a page from his play book not answering questions. we don't know if she will struggle or thrive when conducting her first network interview. until she answers questions i don't know if we will get an idea of how her campaign is looking. >> i don't think she is interested in answering any questions because she has been virtually non existent in terms of the answering questions. you have seen bill and chelsea clinton coming out with a few statements but hillary's best think is duck and cover and i don't think the people that support her care if she is walking around with a duffel bag of cash. >> even president obama when you look at this fundraising in new

york it was $33,000 to participate to have a little something like dinner or drinks or whatever you will doat one of those events. -- do that -- that was for the dnc and if that is their main nominee they are collecting cash like it is no body's business. >> it doesn't help her with these things going on and you see her trust going down but people think she is a good leader and they will weigh that against the fact they don't trust her i feel like. >> what is she doing that she is a good leader? >> no i mean when they ask in the polls if she is a good leader or not she has much higher numbers than republicans actually. >> good leader? maybe. trust is in the dumpster. you had 60 companies lobby the hilary clinton state department for goodies and deals and donating millions of dollars to the clinton foundation.

that smells corrupt. >> but you can say that to a lot of voters and they will react the same way you did to tom brady. you don't care. >> you don't win just by bringing out democratic voters. >> she needs moderate and independents. >> i think it will just we the right ring crazies complaining. >> she is riding around in a van eating chipotle. is it every okay to joke about domestic abuse? no. well what team officials are saying now about this.

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you are watching "outnumbered" and we are so glad you are. leadership of the nba of the cleveland cavaliers is apologizing for a video parody of the movie dirty dancing shown at a game the other night showing a man violently throwing a woman across the room for wearing a chicago bulls t-shirt. >> when it is playoff basketball time you have to be all in. don't make the same mistake she made. >> i thought you were all in? >> i am all in now. let's just watch the game. >> is there anything worse than that? >> the rest of it.

awaiting an apology e-mail for domestic violence and this is awful someone thought domestic violence was a funny way to sell tickets. no one in the cavalier's organization is being punished. the team saying domestic violence is a serious matter and has no place in a parody venue and we apologize for those who have been affected by the domestic violence for the obvious feelings from this insenseitive video. >> it should never be joked about. i think the cavaliers need to work on their pr engine. this wasn't the only promotion to backfire on them in a week. they had plans and announced the cancelization to hand out arm slings if to show support for kevin love who is out for the remainder of the season because

of a shoulder injuries. it is like i think somebody dropped the ball. >> what will they do next? draw the mohammed cartoon contest? >> are you saying this is free speech? >> no i am saying it doesn't get worse than this. what could be more offensive? the fact they have not fired this guy. >> we don't know -- >> if you are going to fire up the fans free beer. >> they are saying no one has been punished but nothing about potentially. we are playing more of the video and it goes on and on. what are your thoughts? >> it is offensive and i wonder

who thinks this is a good idea? if you have any experience dealing with like i do prosecute prosecuting domestic violence cases it doesn't get more serious than that. so given the problems they are facing, it is well known professional sports has been in the lime light because of the issues with domestic violence and crimes against women this is the last thing they should be doing and there should be reprecus reprecussions. >> i am watching the people who brought their children and the message from the woman who is like i am ready to watch the game. let's move forward. >> that is the message. beat the woman up and she will do what you want her do it. and we talk about how much people don't understand domestic abuse. they don't understand the

seriousness of this issue because if they did they would not do this. they don't understand this is a real epidemic problem. >> did you think it is okay no punishment? >> no i think someone should be punished. >> no body is as of now. >> why not? >> fire the guy responsible. he is a 26-year-old buzzfeed type intern who thought it would be funny. he is an idiot and should be canned. >> wow. >> you just throw everybody under the bus. >> i would definitely say there should be some sort of punishment. >> not just like the 26-year-old guy who is going to be down the street but his boss or supervisor who said be are going to play this. >> you have the guy who wrote it edit it and guys could be women. >> maybe women are responsible? >> do america's top universities

prefer liberal or conservative commencement speakers? democrats are outnumbering republicans speaking at schools by a wide margin. is this liberal bias or something else? what does it mean for kids preparing to enter the real world? we are sending jesse to a college campus now. dave's been working on his game... and starting each day with a delicious bowl of heart healthy kellogg's raisin bran. how's your cereal? sweet! tastes like winning. how would you know what winning tastes like? invest in your heart health, with kellogg's raisin bran. no crying today...

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let's get to jon scott on what is happening on the second hour of "happening now." >> the funeral services are understand underedway for a 25-year-old police officers killed by a career criminal. thousands joining to remember brian moore. we are live and will bring you a report. and a tropical storm issued were portions of north and south carolina. isa has transformed into a tropical storm and we'll get an update. and look at the dow up more than 260 points a good about not

great job report, may be giving investors hope they will leave the federal rate unchanged. that is ahead on "happening now." >> thank you jon scott. >> thank you. as graduation season is underway it looks like democratic commencement speakers will dominate the scene outnumbering republicans by 7-1. former massachusetts governor is speaking at harvard vice president at yale and at princeton christopher nolan and gabby giffords will speak at cormel and david brooks delivering the speech at dartple mouth and samantha power will speak at the university of pennsylvania. brown and columbia do not have graduation speakers this year.

>> where are you speaking? >> if someone wants to pay me i am there. i think it is good the liberal democrats are speaking at commencements because they can explain there are no jobs. >> and how liberal policies destroy cities. i love commencement speeches. i think it is a good time to celebrate and hopefully you can hear someone interesting even if you don't agree with the political ideas. >> do you remember who your commencement speaker was? >> i was in the foreground. >> what is going on powers? 7-1? >> this has been happening for a long time. >> doesn't make it right. >> i write about this in my book coming out on monday. >> good plug. >> what is so strange about it

is almost everyone invited is liberal liberal and when a random conservative is invited they protest. it is stark there is hardly republicans going and the lack of diversity. they just want to hear from liberals. >> i will get egged by all of the students. >> you would not make it on the campus. >> are you proposing they should do away with commencement speakers with political affil affiliation? >> i am not taking a stand on these. i am just saying it is crazy thi they are only inviting liberals. >> they don't want the protest. >> they are protested or forced to not do it when republicans

are asked to speak. >> it was collin powell and david brooks and i don't know if people think they are conservatives. >> yoing i don't think they are confused with liberals throw. >> kirsten powers please shame shamelessly plug your book again called silencing. >> it is a serious issue there is an intolerance for diversity and they are hostile to having people come and speak. and people are not coming to talk about politics but they don't want rice there because she was in the bush administration. >> how do we fix this? >> we have to expose it saying this is not okay. harvard crimson had something about 98% of harvard law school professors donated to the

democratic party. that is not acceptable. you need diversity. >> i was checking out jesse because i cannot remember what the first thing i noticed about him. what is the first thing women notice? abs? whether he is wearing a wedding ring? and a new app that analyzes how manly someone in just with a picture. smile for the picture, jesse. woman: as much as i sweat, i always wore black. other clinical antiperspirants didn't work.

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to ask about levemir® flextouch®. covered by most health insurance and medicare plans. ♪ ♪ >> that's what i show up for. when a man gross the woman's path what is the first thing they notice. >> they polled hundreds of women to find out what comes in quickest. a man's eyes and smile and teeth and hands and low on the list is wallet. money is not purpose at first. next thing is hygiene. and certain body parts south of the border and dead last on the list. this is an interesting one.

>> and oh, my gosh. and that is when you start. and i don't buy this. you guys are looking at my hands. >> woman are over looking the question. and it is the height. and package. and twha are looking in your eyes. it would be two out of ten. and we will show the result results and see how mas culin. >> and that is 91 percent. >> wow. more importantly kimberly is 24 percent. and what does that tell you? >> ied would be like weapons. >> and where is that?

>> it is a short. and so full 10ths of a hundred i like that. >> and it is something and i don't know what is going on with that shop. >> and you can get shut up again, plose it is funny. and we don't know. and we do know we have extra. >> and what is the first thing you you look at in a man? >> don't lie. >> the brain. >> you have to be intellectually sharp. >> you can't look at a brain. >> thank you for that. >> and thank you for chlorring that up. >> harris? >> i am 5, 6 and i am looking height and smile. >> "happening now" starts right now.

>> we start with a fox news alert. the pentagon ordered all military organization in north america to boost security following concerns about isis. >> patterson ohio cancelled the spring concert because of the precaution. >> flames shooting into the night sky. neighbors on edge. a massive fire in a natural gas well raging four hours. >> scary moments for passengers on board of a delta airline's fight when smoke fills the cabin 30000 feet in the air. >> and we may allow ourselves a brief period of rejoicing. >> events cross the globe. marking cent years since the end of world war ii in europe.