bill: 7 hours? share a little bit of that, will you. could use that youth. hope you guys had a great weekend. martha: thank you, everybody. thanks for being with us. we'll sue you tomorrow. "happening now" starts right now. jon: we begin with a fox news alert. south carolina senator lindsey graham set to make it official. the three-term senator expected to enter the 2016 at an event happening right now. good morning to you. i'm jon scott. jenna: we'll have that event for you. hi everybody i'm jenna lee. senator graham is set to speak in the town where he grew up. he will make the case for stronger national defense and strategy against isis. with his entry into the race, there will be nine republican candidates in the race. john roberts is live at central, south carolina. >> reporter: where are we going to put them all. lindsey graham's hopes rest on south carolina. the senator says if he wins in his home state he believes he could do well across the south

and do well with the nomination. he fended off a number of challenges during the senatorial primary last year. won the general election by 14 points making national security the centerpiece of his campaign. highlighting membership on senate armed services committee. and thinks 33 years with the u.s. air force both active duty and a reservist. in greenville, south carolina, i asked the senator what he thought his biggest asset was? >> being the best qualified to be commander-in-chief at a time when the world is in complete chaos. understanding how we got into this mess and a way to get out of it. being a conservative that can relate to people throughout the country. >> reporter: being a conservative who can relate to people across the country. what he means is, he sees himself as pragmatic conservative willing to work with people across the aisle to get things done. while that served him well here in the senate in south carolina, primary audiences may look for

more idealogical candidate. lindsey graham has run afoul with many conservatives with many of his policy stances. comprehensive immigration reform that did not go down well with conservatives. for that reason dave woodward who ran his first congressional campaign in 1994 thinks lindsey graham has an uphill battle even here. can lindsey graham win his home state? >> i doubt it. he had serious problems with the gop base before he ran for re-election in 2014. and with as many appealing candidates in the gop field this time i think he may have a real uphill battle to even win south carolina. >> reporter: lindsey graham told me is not just in it to win south carolina. he wants to win outside of that. he told me if he did not do well top tier, iowa, new hampshire, he will get out of race. he will support somebody else before he gets to south carolina. that's it jenna. he has he believes a real shot

to make it here. we'll see. jenna: we'll be watching, john thank you. jon: what does lindsey graham's expected candidacy and his popularity in south carolina which after all holds the first southern primary mean for the rest of the republican field? let's bring in bret baier, the anchor of "special report" here on fox news channel. as we await the announcement from senator lindsey graham another perhaps long shot entering the race for the presidency but what does he bring to the table, bret? >> jon, then there were nine as you mentioned. lindsey graham throwing his hat into the ring and as john roberts mentioned a long portfolio of national security issues national security prominence as far as being in the conversation on the big issues of the day when it comes to the country's national security. he is also today retiring from the air force reserves as he make this is run for president. he is a colonel in the air force reserves. served as a judge advocate general a jag.

went to afghanistan and iraq times in that capacity as well as his capacity as a senator. he is going to have a tough time it looks like getting a lot of money and support at least early on. but as you know, a lot of these candidates say hey just give me a shot and we'll see where it goes. jon: so you have already got marco rubio rand paul, ted cruz and now lindsey graham entering the race as republican senators. how do they distinguish, differentiate themselves one from another? start with lindsey graham. >> sure, lindsey graham has been a part of pretty much many of the main things that the senate has dealt with when it comes to national security but as john mentioned there is also, he hasn't been afraid to buck his own party. in the gang of eight, the immigration deal that failed obviously for comprehensive

immigration. it failed in the house. he has not backed away saying it was the right thing for republicans to do. number of issues he fought back against criticism of the iraq war. he was one of the leading senators pressing the bush administration to change tactics and push for the surge. he and senator john mccain close friends. senator mccain saying he is his pick for president this time. jon: we are about ten minutes away from that officialannouncement from senator lindsey gram. we'll talk to you a bit after that after we hear from him. we want to talk about democratic politics just a bit. martin o'malley is in the race the former baltimore mayor and governor of maryland. apparently was thinking that he might be the guy to knock off hillary clinton as frontrunner. he has problems, all of sudden, bernie sanders declared candidate and self-declared

socialist from vermont is generating a fair amount of excitement on the democratic side. >> well he is getting a lot of attention, bernie sanders is. a lot of recent events in iowa have been packed to the gills. clearly he is against the trade deal that is pending and hillary clinton really is, as we've seen hasn't taken a stand on that. it is getting a lot of attention. the question for all these candidates on the democratic side how much will they challenge hillary clinton? how much will they go after her vulnerabilities? she has to be seen in both o'malley and sanders. jon: bret baier, we'll be talking to you again after we hear from senator lindsey graham who is expected to make his announcement in about ten minutes. bret, thank you. jenna: all eyes on south carolina. back to washington, d.c. where lawmakers heading back to capitol hill hours after the senate tailed to strike a deal in the nsa national security

program before the midnight deadline. they have now lost their authority to collect americans phone records in bulk. some say creating a security risk but others disagree saying this is necessary pause in the program. doug mckelway on capitol hill. doug? >> reporter: the yes of -- question of how big after miss we're having with the absents of the collection data program keith alexander former head of the national security agency have both said that as many said 54 terrorism plots were thwarted with the help of this bulk data collection program. president obama used a slightly lower figure, 50 terror plots authority third the under questioning general alexander admitted that those numbers were grossly overstated. as many as only one or two plots were thwarted. senator rand paul the chief critic of the nsa in congress said even that number, one or two terrorism plots thwarted may

be overstated. he spoke on fox news this morning. >> they say we're safer because of the bulk collection of data. turns out everybody that is objective that looked at it, said no episode of terrorism has been prevented, to case has been cracked. many even in the intelligence community are admitting it is very expensive and really hasn't provided that much useful information. >> reporter: paul said instead of wasting billions of dollars on this metadata collection program we should be funding more fbi agents to tail real terrorism suspects. many of his gop colleagues agree with that sentiment they fear the loss of that metadata program in the interim. here is senator kelly ayote. >> as i look what is happening around the world right now we mead to make sure we're protecting americans and not going back where we were before 9/11. >> reporter: senators are expected to pass a house-passed version. bill which would allow the phone companies to store the metadata.

not the government. here is senate majority leader mitch mcconnell. >> the house-passed bill is certainly not ideal but along with votes on some modest amendments that attempt to insure the program can actually work as promised, it is now the only realistic way forward. >> reporter: the senate is expected to take up the house version, the usa freedom act sometime tomorrow. jenna, back to you. jenna: big story for this week, doug thank you. jon: frightening development for actress mila kunis as a mental patient convicted of stalking her is now at large. how that happened. plus the so-called "taliban five" released the controversial prisoner swap for sergeant bowe bergdahl are about to get even more freedom today. at least they were, but that has changed. who was behind it? we want to hear from you. our america's asking question. would you vote for senator lindsey graham for president? he is about to announce.

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cvs health, because health is everything. jon: as we promised senator lindsey graham, republican of south carolina making his big announcement. let's listen. [applause] >> thank you. i hope yeah okay. i will turn back there. [cheers] i hope they hear that all over the world that i am running for president of the united states. it is because of you, that i can make that statement. everything i am, everything i will be i owe to the kindness an generosity and example of people of central clemson, seneca, walhalla and other small towns throughout south carolina. thank you, thank you for everything. [cheers and applause]

i want to be president to protect our nation that we love so much. so get ready. i'm ready. [cheers] i want to be president to defeat the enemies that are trying to kill us, not just penalize them or criticize them or contain them but defeat them! [cheers and applause] ronald reagan's policy of peace through strength kept america safe during the cold war. remember those times? >> yep. >> but i have come to conclude we will never enjoy peaceful coexistence with radical islam. because its followers intend to destroy our way of life. however, america can be and will be secure only if we have

strength. security through strength will protect us. [cheers and applause] i want to be president to meet our problems head on. honestly and realistically for the purpose of solving them not hiding them or taking political advantage of them. i want to be president to make government work for you, not the other way around. >> amen. [applause] >> i want to make government keep its promises to you to support your dreams, to embrace your values and to reflect your character. i want to be president to help us build a future, greater than our amazing past. and i will work with anyone to do it. [cheers and applause]

we made some dangerous mistakes in recent years. the obama administration and some of my colleagues in congress have substituted wishful thinking for sound national security strategy. >> you got that right. >> every day the headlines attest to the failures of the obama-clinton policies. it is sad for me to report to you but barack obama has made us less safe. simply put radical islam is running wild. they have more safe havens, more money, more capability and more weapons to strike our homeland than anytime since 9/11. they are large, they are rich they're entrenched. as president i will make them small, poor and on the run! [cheers and applause]

i'm afraid some americans have grown tired of fighting them. i have some bad news to share with you. the radical islamists are not tired of fighting you. in partnership with others we must take the fight to them, building lines of defenses over there so they can't come here. building up and supporting regional forces to go after their safe havens that could be used to attack our homeland. the world is exploding in terror and violence. but the biggest threat of all is the nuclear ambitions of the radical islamists who control iran. ladies and gentlemen there are no moderates in iran running their government. [applause]

if the united states isn't firm in our intention to deny them such weapons, iran will trigger a nuclear arms race and the least stable region on earth making it more likely the people who aspire to genocide will have the most effective means to commit it. our close ally israel is at risk as a result of obama's failed leadership. with israel we share values, we share democracy and our friendship is unbreakable. to our friends in israel i will never abandon you. [cheers and applause] i will always stand firm in supporting the one and only jewish state. [applause] i too say never again.

i'm running for president because i have the experience the judgment and the will to deny the most radical regimes the most dangerous weapons. but to defeat this enemy it will require more than military might. the most powerful weapon in our arsenal isn't a gun. it's an idea. the terrorists are selling a glorious death. we must sell a hopeful life. [cheers and applause] i have learned from my travels that a small schoolhouse in a remote region, educating a young girl can do more damage to radical islam than any weapon we possess. [applause] however, radical islam is not the only threat we face.

elsewhere old adversaries are seizing opportunities to challenge our interests. putin seized ukrainian territory and threatens nato allies. china is building literally building their own islands in resours-rich waters claimed by other nations and challenging 1/2gation to disease. our allies feel lack of american leadership, our adversaries are taking advantage. american weakness anywhere hurts us everywhere. our enemies are emboldened and our friends are going it alone both reactions are detriment to our national security interests. it is time for america to come back. [applause] and come back we will! and the way you come back is to

make sure that the next president must be an informed and decisive commander-in-chief, ready, immediately to deal with the threats i have just described. we learned over the past six years that speeches alone won't make us safe. if that were true we would be really safe. superior power and resolve is the only way to be safe. i'm running for president of the united states because i am ready to be commander-in-chief on day one. [cheers and applause] i am ready on day one to defend our nation with sound strategy, a strong military, stable alliances and a steady determination. i've been in the middle east

more times than i can count. as a united states senator and a reserve officers in the united states air force. to all who have served our country raise your hand. god bless each and everyone of you. [cheers and applause] >> usa!. >> i've got one simple message. i have more experience with our national security than any other candidate in this race. [cheers and applause] that includes you, hillary. [laughter] [cheering] we will have a reset with russia that sticks. i know the players.

i know our friends and i know our enemies alike. but most importantly, ladies and gentlemen, they know me. [applause] i have listened, learn and prepared myself for the job of commander-in-chief. i've served in the air force for 33 years. [applause] and it has been a true pleasure and honor. i spent much of my adult life as part of a team committed to defending america, protecting our way of life, making sure that we're safe. politicians focus on elections. the military focuses on the if given the privilege to serve as your president i will focus on the mission, to defend america, to protect our way of life and to lead the next generation a stronger, safer,

better nation than we inherited. [cheers and applause] that will not be easy. it never has. there are dangers that must be faced. and as usual, the best of us will have to face the worst of them. the best of us are the 1% of americans who are the men and women of the united states armed forces. [applause] i can not promise as commander-in-chief that there are dangers that they confront, will be less. the risk they run, the sacrifices they make, will be fewer or easier. but i can assure them that they

will have the leadership to defeat our enemies. [applause] i can promise them their sacrifices won't be wasted. and they won't fight with their hands tied behind their backs. [cheers and applause] we will end this conflict on our terms. we will win. those who believe we candice engage from the world at large, and be safe by leading from behind, vote for someone es. i am not your man. those who believe the best way to defend ourselves is to lead the world, to make history rather than be overwhelmed by it i ask for your support. [applause] join me, if you want to tackle the problems at home that have been kicked down the road

because they're too hard to fix or too easy to demagogue. washington's failure to do the hard but right thing has put social security and medicare in serious jeopardy. anybody on social security and medicare? >> yeah. >> anybody want to be on social security and medicare one day? all of us. as my generation retires, both programs are on a track to go bust. we're living longer and fewer workers are supporting more retirees. that is unsustainable, everybody knows it, but not everybody will admit it. we have to fix entitlement programs to make sure people, who need the benefits the most, receive them. that's going to require determined presidential leadership.

i know from personal experience how important these programs are to the lives of millions of americans. as darlene mentioned we lost our parents when i was a young man and she was in middle school. we depended on social security benefits to survive. i've been fortunate. i've done better than i ever dreamed. if i and others like me have to take a little bit less and pay a little more to help those who need it most, so be it. [cheers and applause] and younger people you may just have to work a little bit longer. as president i will gladly do what it takes to save a program that once saved my family.

[applause] now to those of you who yearn for a healthy and safe environment, i will join your cause. to those who seek energy independence i will be your champion. i am tired of sending hundred of billions of dollars a year overseas to buy oil from people who hate us! [cheers and applause] we must have energy independence. and i believe in the process that it is possible to produce a safe clean environment and create new well-paying jobs for americans of all generations. to my fellow republicans, i will be a champion for limited and effective government and a strong national defense. the i will be a voice for social conservative values, without a

apology or animosity. [applause] i love my party. i am committed to see it grow and prosper. to my friends in the other party, on the big things we share a common faith. i will work with you to strengthen the country we both love. our differences are real and we'll debate them but you're not my enemy. you're ply fellow country man. [applause] my enemies are those who despise your shared values. the enemies of enlightenment, the culture of death that seeks to destroy the dignity of life. we'll fight them together with our partners and we'll win. to americans who trust neither party i will seek the political

common ground our nation so desperately needs to find. [applause] that's what i've done before. don't take my word for it. examine my record. i got the scars to prove it. i intend to be a president not of a single party but of a nation. >> amen. [applause] >> i want to do more than make big government smaller. i want to help make a great nation greater. i've traveled the world and had experiences and opportunities i never dreamed of. i have been lucky so much my life but never luckier than in the people and place i come from.

[applause] those of you who know me for a a long time know i have had some ups and downs. as a young man i lost my parents. struggled financially and emotionally, and i would not have made the through those times without you. and the example my parents set for me. there are a lot of so-called self-made people in this world. i am not one of them. my family my friends, neighbors and my faith pick me up when i was down, believed in me when i had doubts. you made me the man i am today. [applause]

i'm a man with many debts to my family, my friends, to you to south carolina, to the country. i'm running for president to repay those debts and to fight as hard for you as you fought for me. [cheers and applause] in the end, ladies and gentlemen, that's the only promise i can make. this is the only pledge i will sign. the only one that matters. if you make me president i will fight each day harder than i you fought the day before to keep this country safe, prosperous and as good as the people who made it great. i humbly ask for your support

and your vote. i will work every day to make you proud. god bless. [cheers and applause] ♪ jon: so lindsey graham of south carolina becomes the fourth republican senator and the ninth republican overall to join the race for president. you heard it there his announcement in south carolina his home state. bret baier is once again with us the anchor of "special report" on fox news channel. you heard him talk about it there, he wants to project a more muscular foreign policy very upset that the obama administration has made us less safe as a country. how is that policy going to fly. obviously george w. bush was not very popular at the end of his eight years in office with two wars underway in iraq and

afghanistan. how will he sell this to the american people? >> john you heard from lindsey graham, a big focus on national security. you're right, there is sensitivity about being at war or overseas engaged for, at anything if you look at the polls but you also see a growing sense that terrorism and the extremist threat and as lindsey graham mentioned the threat from radical islam specifically is on the rise. and i think he is going to talk about that. he is going to be the candidate who leads the discussion on that on a lot of fronts. peace through strength is a theme you're going to hear from a lost candidates but none more than lindsey graham. i also thought it was interesting, jon he brought up his personal life. his parents dieing when he was in his 20s 15 months from each other. he end up caringing for his

little sister, darlene so she could get benefits he had as air force reservist. you heard his commitment running this race. the question of course how much support for this. the issue of national security he will pick it again and again. jenna: bret, as we look at senator graham joining the race and what they say on fox there is going to be a new candidate for president, what do you think? no thanks on any of the senators that was reminder to me we have another former governor announcing this week we presume and that will be governor rick perry on thursday. and i'm wondering how you see this group divide among lines? in other words versus governors libertarians versus moderates? as we get a bigger group, where do you see the clicks -- clique,

the camps. how do they identify themselves? >> the governors say you need to run something actually to be as an executive making a decision for a state. the senators say they are running things on the senate floor, protecting against things and also bringing up big issues, saying that they, for example lindsey graham being on the forefront of a number of issues that have been in the national spotlight. i think you will have that battle between governors and senators and i think rand paul pretty much stands alone for the most part on his defense as we saw on the senate floor of civil liberties about and against the patriot act. i think he will have carved something out there that is unique. whether it helps him in the broader base of the gop i think is yet to be seen. jenna: that is a big question. of course that is still an ongoing story about senator rand paul and national security as we go into this week. so we have a lot playing out. bret great to see you as

always. lots to discuss at "special report" tonight at 6:00 eastern. >> thanks, jenna, john. jon: republican senator lindsey graham announced he would run for president in the small town of central south carolina. he joins a growing field on the gop side. how is the media handling all of this? let's bring it up with our media panel, alan colmes, host of the alan colmes radio show, nationally syndicated by fox news and tammy bruce fox news contributor. we missed the actual announcement because we were in commercial break. i want to play that for our viewers now. lindsey graham makes it official. >> i'm lindsey graham and i'm running for president of the united states. [cheers and applause] jon: hard to know the size of the crowd. there they sign pretty boisterous. >> a couple of dozen people earnings so, alan colmes, what about the coverage of the race so far and particularly lindsey graham's entry into it? >> it is interesting watching

what he is saying. he is running as the most pronounced war hawk. as you pointed out with bret baier i'm not sure the public wants that with how many years of war. he also said that not today a few weeks ago if you want to join isis i'm growing to get a drone i will kill you. he is talking about killing americans. interestingly as well he talked about entitlements. how will that sit with the rest of the pubs. talked about the environment and entitlements. will not do away with them. make sure people get their entitlements. i'm not sure how that will play with the same republican right that likes war hawks. jon: tammy, what do you think so far about his entry into the race? >> most of the people i talk to that this isn't necessarily serious. maybe him trying to become a power broker. along with john mccain in south carolina. in 2012 it was difficult up until that point south carolina had chosen the nominee

effectively. it is the first southern primary, the fourth in the nation. they were embarrassed when newt gingrich beat out mitt romney by a few points for the '12. this is perhaps an effort to try to control south carolina to make sure that ted cruz doesn't win the primary there or rand paul doesn't because i think ron came in third in '12. i see this more of like a power broker dynamic. and to be a voice in that kind of way and i think that they expect south carolina to nominate the establishment candidate as they always have. most of the people think that is jeb bush. jeb bush is also having some problems the american voter tends to think a little differently than what the media does. the media of course i don't think is taking him very seriously. >> the american voter is not paying attention. it is so far away. another day another person announces for president. i'm not sure at what point it

loses the news cycle because it happens almost every day. rick perry announcing. john kasich and we still may have more people jump in. >> we have environment in the world getting serious every day. this talk about being a hawk maybe five weeks ago would have been different than it is now. around in a month my goodness, look what is happening in the middle east. it is extraordinary. so i think the situation internationally is going to change and every candidate including one named clinton will have to be willing to say what it is they're going to do to change the dynamic, what about the coverage of the republican side versus say hillary clinton? hillary clinton has still had very little to say to the press about her policy positions on anything. >> she talked about immigration. she talked about the dream act. she talked about citizens united. it's a different dynamic with number of people on the right everybody is trying to break through to get media attention. she doesn't need to that from the democratic side. there are fewer players.

martin o'malley just announced and bernie sanders in. there is different in terms of coverage because there is not enough people to cover. >> martin o'malley and bernie sand remembers getting great crowds and hillary clinton should be concerned about that. if they want to buy a nuclear weapon from north korea or pakistan they have the money to do it. media, are in the tank for hillary. they will continue to ignore these other guys and their other job is to make sure that the republican nominee is attacked. we're going to see that. >> stop playing victim, poor conservative victim of liberal media. >> i'm not a vick t. with the exception of here on fox you get the full lindsey graham speech. we take everybody seriously. carly fiorina a big exposure yesterday on "fox news sunday." everybody is getting a hearingand the american people will decide.

jon: all right. there are a lot of republicans in the race. they can all share in the media abuse, alan. >> that's not right. there is no not abuse. jon: alan colmes, tammy bruce. >> thanks, jon. jon: jenna. jenna: the sad passing of vice president biden's son beau, at the age of 46 comes as we look this weekend at a potential game-changer in fighting the disease. the new drug that is keeping patients in remission for years next.

jon: let's check out what is ahead on "outnumbered" at the to of the hour. sandra andrea what do you have. >> jon, the senate expected back in at top of the hour as they let a key patriot act provision expire overnight. does it leave us less safe from terrorists an will it fix the lapse? >> schools getting safety versus privacy debate using software to

monitor social media posts. is this the right way to stop bullying and possible outfits. >> did you catch the outfits on women at the french open? has tennis gotten too risque? >> our #oneluckyguy. we'll see you at top of the hour on "outnumbered." jon: see you then. >> thank you. jenna: the doctor is in as the biden family mourns the loss of the vice president's son beau who died over the weekend of brain cancer at 46 years of age. the largest cancer research conference is underway in chicago highlighting new trends in cancer treatment some are calling breakthroughs. dr. siegel, i like to you are attentioning the conned friends, and i know you didn't treat beau. this headline caught us off-guard. we know healthdissues. to pass away suddenly from brain

cancer came as a big shock. what is your rereaction to the news? >> let me express my sincere sympathy for the biden family. very terrible loss and news for the country. as you point out it is aggressive cancer. we don't know the details of his care, but we know he had a courageous battle with cancer. it is difficult cancer to fight. chemo and surgery are effective but cancers tend to come back and can be hard for patients. in chicago i'm attending the international meeting looking at novel therapies, breakthroughs across tumor types. as you point out there is a lot of reason to be excited. one of the big stories -- jenna: let me stop you there. let's look at the trends. there are some different studies comes out of the meeting. one of the trends seems to be

coming out, "new york times" is calls it one of the greatest advances in years of cancer treatment is emergence of immunotheir. getting our own bodies to fight the disease. tell as you little bit about that. >> that's correct. this is a story we've been a part of the last several years. we're seeing the fruits of that research coming forth at this conference. we're talking about the idea you can use the body's own immune system to fight cancer. we've seen breakthroughs in lung cancer melanoma, difficult skin cancers. these developments have come out past few days. but what is more exciting we've seen developments in cancers we never expected, liver cancer breast cancer, lymphomas bladder cancer. an exciting time for patients. >> why doesn't our body automatically fight cancer? what is it about the disease requires us in these studies to get an outside source of medicine to help trigger our body's response to fight it off? >> simple answer we're still

trying to figure that out but we're starting to learn more about the kinds of patients who may respond to therapies. there may be therapies where it doesn't matter what kind of cancer you have or what kind of background you have in terms of your own health. may be this therapy helps you but it appears clear that there are some situations where cancers respond to these therapies and somewhere they don't. but we're making progress in better understanding who those patients are. it is really a very exciting time in oncology. jenna: how is it different than the traditional treatments? when i say traditional i'm talking more about chemotherapy. most of us think of chemotherapy as someone with cancer as major treatment they would receive? >> that's a great question. i don't want to say chemotherapy or radiation are going away. those are vital tools in fighting cancer. these therapies don't traditionally cause side effects. they don't make you lose your hair get your blood count low get you sick. these therapies are very

well-tolerated. many patients know they are getting them. i don't want to say they're entirely safe, toxicities we have to watch for but we're learning about the side-effects and learning how to manage them. this is game-changer to manage patients with cancer. >> that is great news. great to know that advancements are being made especially at time we're dealing with a national loss. good to have you back on the program. >> thanks a lot. jon: this is very strange case. we've been covering it a lot. a woman charged with murdering her fiance on a kayaking trip on hudson river. prosecutors say she confessed crime to police but will a lack of physical evidence hurt their case. usaa makes me feel like i'm a car buying expert in no time at all.

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jenna: challenge facing prosecutors in the kayak murder

case. angelika graswald is charged with murdering her fiance vincent viafore while key cracking on hudson river. they say she intentionally caused his death and pulling the plug and pushing away his paddle as he tried to survive. her attorney says that her native language is an issue here. those statements are not admissible. heather hanson is trial attorney. jonna spillbor criminal defense attorney. she is from late she yaw. -- latvia. although she has been in the country for 15 years. there is another issue jonna, that the defense attorneys are trying to saying prosecutors are charging her with murder and manslaughter and they say that is not a strong case. do you agree. >> i have to agree, this is challenging case from prosecutor's standpoint. one, if they do believe the defendant committed second-degree murder. they have to show that she intended to kill him. versus only committed

manslaughter, they have to prove she acted recklessly intended to hurt him but not intend to kill him. you can't really have both because these collide, the two theories collide. jenna: according to prosecutors she gave a confession, heather. there are those that say a confession is double-edged sword. it can be your greatest asset as an attorney but also your greatest weakness. why is that? >> the confession you have to depends on the entire tape. you have to assume the confession is on tape. most of them are. the jodi arias we remember watching thatonfession. there may be parts of it where she implicates herself and other parts she does less some i think that why reckless charge comes in even if she didn't try to help him while he was drowning the jury will convict because of that. jenna: also her behavior, according to prosecutors. what she did on facebook and selfies, herself doing cartwheel. which reminded us of amanda knox doing something similar when

there was investigation going on in italy. what about her behavior jonna? >> on one hand you want to argue you don't know how anybody is supposed to act when a tragedy like this occurs. on the other hand i wouldn't do cartwheels on facebook. she facebook friended me several weeks before it happened. i saw that on facebook. it is bizarre. it doesn't equate to murder charge. if the yourly gets to hear and big if, they might think it is strange too and that won't help her. jenna: heather, you're not facebook friends? >> no but the facebook stuff if it comes in may affect. anyone who tends to do that type of thing probably acted a little bit unusual during the confession, during her interactions with different investigators. all of that will come in. that will be a big part whether they like her. jenna: that we'll have to see the tapes. heather jonna. we'll watch the facebook page. jon? >> you never know. new in the next hour of

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>> we will you back in one hour. >> "outnumbered" is next. >> this is "outnumbered." i am harris faulkner here today sandra smith andrea and jedediah and one lucky guy on radio dial, chris plante, and he is "outnumbered." good to see you. >> great to be here. >> good to meet you. i wasn't here last time. >> >> no and i was worse for it. >> rainy days and monday