>> the working motive for this at this point is salute absolute madness. gunned down in cold blood. a sheriff's deputy executed. sparking a manhunt in houston. >> i can't he has been so nice to me. >> donald trump, mr. nice guy? why is is the donald softening up on some of his closest g.o.p. rivals? and if she doesn't have enough problems defending herself, hillary has to answer questions about a familiar topic. i go one on one with a top defender. justice starts now. >> breaking news. the suspect in custody after another senseless execution

of a law enforcement officer. hello and welcome to justice, i'm judge jeanine pirro. thanks for being with us tonight. this time it's a sheriff's deputy pumping gas in uniform at a gas station in houston. harris county deputy darren goforth, a 47-year-old married father of two ambushed, executed, in cold blood. shot multiple times from behind at close range while he was filling up his police cruiser with gas. the shooter hovered over him. and his killer continued to fire while deputy sheriff goforth was down. and this is a man police say did it. 30-year-old shannon miles. the motive? nothing clear as of now. but one thing is for sure, it is a scary time to be a police officer in this country. here is what harris county da defensive anderson said

today. >> it is time for the silent majority in this country to support law enforcement. there are a few bad apples in every profession. that does not mean that there should be open warfare declared on law enforcement. >> and joining me now by phone is the harris county sheriff, ron hickman. good evening, sheriff. >> good evening. >> on behalf of all of us here, our condolences to you, to the goforth family and to your law enforcement family on the loss of the deputy sheriff. how surprised are you by this? >> well in 45 years of my law enforcement experience, it's probably one of the most shocking things i have seen. >> and with respect to what is going on in your area, you're in harris county, in houston. i mean, we hear a lot of, you know, a lot of this kind of rhetoric about how cops

are really the enemy. do you hear that much of it in houston? is this something that is almost predictable? >> actually, no. our area has been predominantly very low key in regards to those kind of sentiments. main town a fairly high dialogue with a diverse set of our community. so, this kind of incident really comes out of the blue. >> and, sheriff, you know, here he is, he is in uniform. he has got a sheriff's deputy. he has got a cruiser. he is on the job, i understand. i mean, it is clear that this didn't come out of anything other than, you know, the most evil of motives. he wasn't doing anything. >> in many cases in our profession you anticipate certain elevated risks because of the activity you are involved in that accompany your occupation. most of the time it's the domestic violence or roadside traffic stop. but some altercation that is an outgrowth of your contact

with someone. in this case there was no relationship involved in any way between the deputy and the person shot him. >> what do we know about the person who allegedly shot him? >> minor run-ins with the law. he had been charged previously for evading, resisting arrest. he has had a weapons charge, a criminal trespass. >> and was there ever a connection to a gun charge? i seem to recall that being the case. >> yes, he did have a one weapon charge. >> the gun that was used i understand the ballistics match? >> our ballistics do match that that's the weapon that was used. >> you made an arrest in 24 hours, sheriff. pretty incredible. must have been quite an endeavor by the department. >> incidents like this obviously you marshall all

the resources at your disposal. we had tremendous support by all of the state and federal agencies law enforcement rally behind this. our district attorney could not have been more supportive. she stuck with us through the entire night. her team was available we develop arrest warrants and search warrants. >> that's the way it is supposed to work. >> sheriff, how confident are you of the charges here? and is there anyone else that you are looking at? >> by all outward indication appears to be the fact of one lone gunman. we are confident that the person we have in custody committed the act. we will go through the investigative process to confirm all outlying evidence, witnesses, or other details that we have yet uncovered and make sure we have a solid case. >> was he talking, sheriff, when you had him in custody? >> we have had people interviewing him while he

was staling with us, not under arrest and after as well. i haven't been privy to cooperation: sheriff hickman, again our condolences but thank you so much. thank you. >> thank you. >> all right. and with me now milwaukee county sheriff david clark. sheriff clark, what do you say? what's your reaction to this? is it open season on law enforcement in this country? >> judge, i am to pissed off tonight to be diplomatic what's going on. i'm not going to stick head in the sand about it. i declared american police officer high profile people one of them coming out of the white house. one coming out of the united states department of justice. and open season right now. no doubt about it look, any time a law enforcement officer is killed, a little of every police officer in

america dies along with them. >> and sheriff, you know, as law enforcement across the country watches this, and i asked the sheriff, sheriff hickman in harris county, you know, in new york and in baltimore and in ferguson, you know, no peace, no justice, no justice, no peace. and all the crazy marches and all the, you know, some of these organizations out there. apparently in harris county, this isn't something that was normal. can this happen anywhere in the country now? >> anywhere in the united states and i'm tired of hearing people call these black activists. these aren't black activists they are black slime. >> how do you do it, sheriff? >> >> i need every law enforcement person in the united states of america to stand up and start pushing back against this slime, this filth, this disparaging the american law enforcement officer within these communities. when these ugly people come

out and start this and start talking and stuff on social media, to push back against it and demand, demand people that belong to these organizations to get out of their town. there is no room for it. look, the american police officer is holding these communities together. and we need the support of the people that we defend every day in order to get that done. god bless the harris sheriff's office. kudos to that district attorney for acknowledge the war on police. i'm tired of qualifying all these statements by talking about bad apples within the policing profession. >> all right. sheriff, i want you to take a listen to what ron hickman, the harris county sheriff said. >> we have heard black lives matter. all lives matter. all lives matters, too. wife don't we drop the qualifier and say lives matter and take that to the bank. >> interesting reaction. >> we need to hear more of that from everybody. i know there has been some push back on that and that's good. this whole movement black

lives, i have renamed it black lies. l-i-e-s. hands up don't shoot. this slime needs to be irradicated from american society and american culture. >> with someone like this defending and he is charged with murder and it is death eligible, capital murder, the killing of a police officer. you know, we saw in new york city with the ramos and wengian lu. two cops sitting in a police car christmas eve just get executed. someone in new york city comes after a cop with a machete in his hands. and this is happening all over the country. i mean, what impact does this have on law enforcement? i mean, do they back off or do they just keep doing their job or are they like i don't know i don't need this? we have six cops indicted in baltimore. why would someone even be a cop these days? >> well, we better hope that doesn't happen for the sake of the rule of law, the sake

of our way of life here in the united states. this is an assault on the american way of life, the american justice system is. and the american police officer backs off, we're all in trouble. look, we live in a state of hyper vigilance. now we are going to have to turn that up even more. the american police officer is strong. we will continue to fight back. we will continue to sacrifice ourselves for the good law abiding people in every community in the united states. >> and finally, sheriff, the national rhetoric that's going on, you say people need to push back when we see things on social media the truth is that people can say and do whatever they want. this is america. but without leadership, is there isn't going to be any different reaction. more people seem to be emboldened by this kind of thing. >> right. that's why i said that the president of the united states started this war on

police. i know what you mean judge by that it's not absolute. you can't threaten people's lives. you can't call for the killing of people like we are seeing from some of these things. that is not first amendment protection parentalled. that is filth, that is slime. and, you know, there are some law enforcement implications that could be done with the department of justice and with states attorneys offices across the united states. i love the first amendment. i love freedom of speech. you are not free to threaten my life or anybody else's. >> all right. sheriff david clark, thanks so much for being with us tonight. if there. >> my pleasure. >> with me now is deputy sheriff cody from neighboring galveston, texas, not far from where this murder took place. all right. you are a deputy sheriff, also. and you know, do you relate to sheriff deputy sheriff goforth and what happened to him? >> very much so. it's a sad state of affairs what's going on in this

country. with this take police officers out, do whatever you can, stalk them. and nothing is being said from the top down. and sheriff clark is correct when he says that the silence from the white house is empowering these people. >> but, you know, it's so surprising to see it where you live. you are in galveston. you are in an adjoining county to this county. i mean, you are a deputy sheriff. would you expect anything like this to happen to you if you are just pumping gas? >> well, i would hope not. but, in the last few years, you start looking around more. it makes you more cognizant of your surrounding. one of the things that gets police officers killed unfortunately is complacency. with the attitude now going on nationally, police officers can't afford to do that: you have to have your head on a swivel at all times.

>> okay. but you can't prevent something like this from happening. he is pumping gas. this is an execution, straight up execution, no warning, no nothing. just open fire. do you see people joining law enforcement now? i mean, what is the incentive now? >> the incentive is the same incentive it has always been trying to make your place a better place to be. that is not going to change. police officers aren't just going to say we have had enough and take their badges off and their guns off and go home. that's not going to happen. >> but, the police officers, don't you agree, that they may pull back and say you know what? i'm not going to do this because i don't need the problem. look at the cops in baltimore. six cops indicted in the freddie gray situation. it's almost damned if you do, damned if you don't. if you have bad luck you are

going to get shot in the back. >> you can be taken out at any moment. as the sheriff said earlier in domestic violence cases that you go, those calls on or traffic stop, those are usually most dangerous. can you protect yourself 24/ 7? do you have eyes in the back of your head? absolutely not. so, we have to be more vigilant, obviously. something could be done from the top down. if the top would come out with a hard stance against these groups they are calling for these things to happen to police officers. it would silence a lot of it. >> how long have you been in law enforcement? >> 28 years. >> have you ever seen the climate the way it is now in terms of the hatred of law enforcement? >> no, no. it has gotten worse in the last three or four, five

years. even in the 90's when you had the bloods and the crypts coming up, the gangs. >> the gangs. >> it was never as personal as it is now. police officers are definitely being targeted now. and from the top down nobody is saying anything about it. you know, he will send people to a thug's funeral, representatives from the white house. >> are you talking about the president sending? >> i'm talking about the president. >> and michael brown. >> he will send people to their funerals and, yet, you hear nothing about police officers being assassinated. make no mistake about it, this was an execution, a brutal, brutal killing an assassination. shot him in the back of the head and stood over him and shot him several more times in the head. brutal. >> i know. well, let's see what happens in terms of this case and we will all be following it. detective, thank you so much for being with us again. >> thank you. >> all right. we're going to have much more on this breaking story throughout the hour. plus, coming up, hillary clinton defending the clintons yet again. that's ahead.

plus, why is donald trump suddenly playing nice with some of his g.o.p. rivals? a republican strategist gives us his take. stay with us. doug, we have the results, but first, we have a very special guest. come on out, flo! [house band playing] you have anything to say to flo? nah, i'll just let the results do the talking. [crowd booing] well, he can do that. we show our progressive direct rate and the rates of our competitors even if progressive isn't the lowest.

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a poll came out today, actually dr. carson is second. he is a nice guy. i can't hit had him. he has been so nice to me. it's true. i cannot hit him. thawp. >> and senator ted cruz has been so nice to me. i can't hit him. i you may have to if he starts getting really close. i may have to. >> it looks like donald trump is softening on two potential rivals. does this signify a potential vp choice? with me now president of the republican pac. good evening, david. >> judge, good to be with you you. >> listen, does this softening indicate a he potential vp choice for donald trump? >> well, we never know quite what is on mr. trump's mind. but today he is praising ben carson and senator cruz, but let me say i think there is also a strategic, a very strong case to be made that ted cruz is trying to get as close to donald trump as donald trump is to senator

cruz. look, donald trump is number one in the polls. >> so cruz needs it more than donald does. >> that's exactly right. ted cruz is the one who unvarietied donald trump to the rally that he is putting on to fight the iran deal here in washington. so, again, the case could very easily be made that folks are now trying to get as close to trump that should stumble, should he not make it to the nomination, that they can pick up his supporters. >> you know, the joining of ted cruz to that rally against the iran deal is something that's very significant. we haven't seen donald do anything like this, do anything joint with any of the other candidates. but, you know, i want to talk about ben carson for a minute. now, ben carson made this surge to second place. you know, everybody else seemed to drop down before donald started talking positive about him. are the american people so fed up with politicians that they will take a medical doctor and a real estate

developer any day you to a politician? >> all good points, janine. let me say this though. you know, it's not -- it doesn't take brain surgeon to be elected president of the united states. if it does, ben carson is in a good spot, he having done that most of his career. let me say this though about ben carson. he is surging. he is doing a lot of good things on the campaign trail. his challenge now to keep the momentum going is to be able to start raising money to be able to get more people to know who he is, be able to get his supporters to actually turn out at iowa caucuses. and his biggest challenge right now is not having the money that when attack ads start, which they're gonna do, judge, you have been in politics long enough to know the attack ads are going to start. he has to have the money to not only defend himself but he also has to have the money to be able to make sure that voters who don't know who he is now get to know him. >> look at this' map of the swing states, david.

how does a carson or cruz help him? and i have always believed that these presidential elections are about seven states. we have got colorado, florida, iowa, new hampshire, nevada, ohio, virginia. so, you know, how does a ted cruz from texas help him? you know, how does ben carson help him? or is donald just looking to a politician to balance out his own ticket? >> well, vice presidential nominees ultimately come down to just the selection of our nominee. so you never know totally what someone is looking for in their v.p. but here's what they should look for. they should be looking for the man or woman who shares most of their ideas and more importantly, will be a good partner in helping them govern. because the reality is v.p.s don't elect presidents. presidents nominees elect presidents. >> and so there has never been a good track record of those of us who have tried to speculate on who the vp was going to be and that

person actually ended up being the vp. >> let me ask you. this you know, hillary said that republicans are like terrorists. take a listen to this. >> extreme views about women, we expect that from some of the terrorist groups. we expect that from people who don't want to live in a modern world. but it is a little hard to take coming from republicans who want to be the president of the united states. comparing republicans to terrorists is a little extreme. do you think? >> judge, you can't take a comment like that seriously. and it says much about the strength of hillary clinton's campaign that the buzz for two weeks now has been about whether vice president biden was going to get in. in this race and the fact is vice president biden was irrelevant in both he ran for p,

including against her in 2008. >> so what are they going to do real quickly? >> who knows what the vice president is going to do. that's up to him to do. >> but the democratic party, they can't stick with her can they, david? >> well, today i would say she is still going to be the nominee. but bernie sanders is going to give her a run for his money. and there is another one, judge. bernie sanders isn't even a democrat. yet he very well could get the nomination. unlikely today. unlikely the vice president is going it get the nomination today. >> all right. >> so today, if you are going to go to vegas. put your money on hillary clinton. >> all right. >> she is the weakest democratic nominee they have had in decades. >> you would appreciate that i'm sure. david, thanks for being with us this evening. >> thank you. >> still ahead, why is hillary clinton still in the race? are her supporters even losing steam? but, next, back to our top story, a sheriff's deputy murdered while pumping gas in houston. late details on the suspect, next. ♪

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good evening and live from america's news headquarters i'm jackie. the remnants of tropical storm erika are expected to move into the southeastern gulf of mexico sunday. the storm dissipated after dropping heavy rain on cuba the dominican republic and haiti. the national hurricane center says what's left of erika could still create problems for central and southern florida with heavy rain and gusty winds possible. meantime the prime minister of the small island of common can a is pleading for international aid right now. erika ripped through the island leaving 200 people dead in its wake. the prime minister says the damage has pushed domenica back two decades. meantime hurricane egg i -- ignasio. the storm is expected it pass north of the tropical storm hawaii.

i'm jackie ibanez. now back to justice with judge janine. breaking news tonight on our top story. sheriff's deputy ambushed and shot execution style while at a gas station in texas it. 47-year-old darren goforth hit multiple times while pumping gas. the shooter is now in custody and charged with the brutal murder. with he moo now is former homicide detective and fox news contributor rod wheeler. good evening, rod. >> good evening, judge. >> what's your reaction to this? >> well, this was obviously a very cold-blooded and callus ambush of a uniformed on duty police officer now. as you know, judge, everybody is trying to figure out what was the motive behind why this guy would want to kill this innocent police officer who had not done anything to this guy. and you submit to you, judge, that i have been following this case all day. the only motive that i can see from a homicide detective's progressive is the the fact that this was a fine formed police officer

with a badge on his chest and crosshairs on his back. but not only was he in uniformed police officer, he was a white uniformed police officer. and i think this really could be considered a hate crime, judge. >> oh, so what do you think the department of justice would do about that? >> let me just say. this don't hold your breath if you want an investigation, i mean it is what it is, judge. the truth of the matter is, let's face it hate crimes go both ways now. let's be fair. >> i agree. >> if this situation, judge, were radio versed let's just say real quickly it was a white police officer that shot this thug that shot him last night, we would be burning down cvs right now. where is the outrage? where are the politicians from both sides of the aisle that's what i want to hear, judge. >> rod, the whole point is that law enforcement does not have the support of the administration. it doesn't have the support of the public. and there is in narrative that is filtering down to young people that these cops are the enemy. >> well, you are right.

you are exactly right, judge. they don't have the support now. i don't want to say that president obama doesn't care about this. i think he does. but we need to be more vocal about these things. like i said from both sides of the aisle, we need to be outraged about what happened to this officer last night, judge. >> all right. now, let's talk about the person that is in custody this shannon miles. >> yeah. >> he is 30 years old. and they say that he has some prior involvement with the law. >> right. >> but he was in custody almost from the beginning. why did they wait so long to arrest him? >> excellent question. here's why. i can tell you exactly the reason. i have been in cases. i have had cases like this. if you noticed earlier today the sheriff down there, hickman, says that they were interviewing an individual who was a person of interest. >> right. >> it was this guy. but the only reason they did not say he was under arrest was because, judge. they had not got the ballistics tests back. that takes about six to 8 hours. when they got that ballistics test back, they were able to take some the

bullet fragments from the victim, the officer, and match it up to the actual handgun. at that point now, that's considered direct evidence. now it's time to charge this guy. and that's why it took a while. >> and, plus, he had the red pickup truck. it seems to be a pretty solid case. let me ask you a personal question. are you glad you are not wearing a uniform anymore? >> you know, no. i'm not glad i have done my time of hopping fences and chasing bad guys. i feel for these officers coming out. black and white officers. let me tell you, judge. they are not the problems. the problem is in this country i have said it before. i don't want to go in the political things, it's the politicians. it's not the police. they are doing all they can. they are doing a good job. we need to support our law enforcement officers, judge. >> rod wheeler, good to talk to you. >> all right. and with me now is texas radio show host sam malone. all right, good evening, sam. this is your stomping

ground. are you surprised? were you shocked by this? >> absolutely. first of all, judge. always goofed to see you. it's a sad day though. i you wish it could be with happier times. you better believe it. you know the feeling was like a terrorist attack. you know that punch in the gut you get. it was a day in houston that wasn't as hot and humid as it normally is moms and dads heading out to peewee he football, baseball. watching little league playing in the world series. we find out this news. it hurts so bad. a cop gunned down like this from behind. evil on the the streets right here in harris county. >> you know, you wouldn't expect that though, would you, sam? i mean, look, you have got this huge radio show in houston. and, i mean, you know, you get callers all the time. you have got your -- you know, you have got your ear to the ground. does this surprise you? >> absolutely. we would never expect something like this to happen in the great red state of texas. we have heard stories from around the country but not here. i want to tell you something. here is the message. don't mess with texas. don't mess with texas cost.

they got this supposed dirt bag suspect within 24 hours. throw in #all lives matter bucko. >> that's for sure. be interesting how this plays out. death penalty eligible case. clearly no defense that anyone could imagine. i mean, he came up behind him, shot him. when he fell down he kept shooting him. so what do you say to young people today about this kind of thing and how do we stop young people from thinking that law enforcement is the enemy? >> well, first of all, there is a lot of this hatred towards the cops. we covered a story on wednesday in texas of an internet radio show calling for the killings of whites in the lynching of cops. okay. young people, tune that garbage out. these people are evil who are saying this. the cops are our friends. remember, when you are in trouble, and you call 911, does it matter that the color of the police officer? absolutely not. >> what is the benefit to saying that cops are the enemy? i mean, really, think about

it. sometimes you know, somebody robs a bank, okay, they come out with money. what is the benefit to a shooter? >> i can't imagine what the benefit is. because that is a complete opposite way we were brought up in america. the cops are our friends. only those consumed with evil and bad wishes would say something like that. unfortunately, there is just a lot of that chatter out there. >> there is a lot of the chatter out there. people are buying it. people are believing it you know, some of these individuals now that they are talking about, this guy shannon miles had had a -- he had a bit of a record. something involved with a gun in the past. and statistically, cross the country, people involved with these kinds of crimes have prior histories, prior criminal background. so i mean it's not like they think that, you know, that they're victims. >> well, look. this wasn't an honor student. not like he was walking out of church choir practice and did this.

he had some run-ins with the law. what makes it amaze something well-lit gas station, friday night, 8:00 in the evening in houston, texas with a lot of witnesses, lights, cars, and cameras. that is pure despicable evil on two feet. >> well, evil on two feet and unfortunately, there is a sheriff's deputy in uniform filling up the squad car, clearly on the job or just finishing the job, whatever it might be. and, you know, the hatred and the evil is just -- it's unfamiliar thomable. where we unfathomable. i don't know how people in law enforcement stay in that inloaf work. >> thousands of police officers. thousands in harris county sheriff's office. scon stables and state troopers. technically thousands of men and women with targets on their backs. we are not going to tolerate that in fact, did you see the vigil right after at that gas station. texans coming together and praying. the is hundred club automatically cut a check

for $20,000 for the family of the fallen deputy. even though there is some real scum out there, 99.99% of houston are good, loving, great people. >> well, there is no doubt about that, sam. we love you guys in texas it. sam malone, thanks so much for being with us. >> thank you, judge. >> all right. and hillary clinton keeps dropping in the polls. what her defenders are saying about hillary, bill, servers and scandals. i take on one of them next. stay with us.

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as we age, certain nutrients... longer than ever. ...become especially important. from the makers of one a day fifty-plus. new one a day proactive sixty-five plus. with high potency vitamin b12... my next guest was with me a few weeks ago and said this whole hillary server scandal would blow over. take a listen. >> look, every time that that happens, we had had some justice department investigation. that's all they would be doing. i guarantee you, janine, a month from now we are not

going to be talking about this. mark my words. >> all right. i bet you lunch. >> you got it. >> with me now, democratic strategist and advisor to hillary clinton's 2008 campaign richard good stein, so, richard, where are you buying me lunch? >> i'm pulling out my credit card right now. i'm putting my american express card down, wherever you say. my pleasure. >> oh, thanks. i may even take you up on it if you are in new york. >> please. >> listen, what a mess this is, richard. i mean, come on. there is all kinds of things we could talk about. but, hillary clinton keeps digging a hole deeper and deeper. now her husband wants to speak in the congo. he wants to speak where else in north korea, two of the most repressive countries in the world. and she promises that his speeches make sure everything went through the ethics committee in the state department, they never even told the ethics office about any of this stuff. are these people like quick

change artists? what are they? >> yeah. so, again, this emphasis is on speeches that never happened and there is no evidence that hillary clinton knew about these speeches that never happened. >> she did because she knew, richard, you have got to get the facts. she knew. and they even said cheryl mills said to william j.c. talk to hillary about why. okay? they didn't tell the ethics office. that's the problem. >> janine, come on, no, no, no, no. again, these are speeches that never happened, and there is no evidence that hillary clinton knew about these speeches. and what cheryl mills was saying is, mr. president, if you actually need to be reminded of why not to do it, talk to your wife. >> so now you admit that what i said was true. >> listen, had they actually happened, this would have been the scam of the century. we would have gotten money from countries that are kind of corrupt, to go towards the clinton foundation, which is dealing with climate change and childhood

obesity. >> cut can the crap about the clinton foundation. 85% of it goes for expenses for the clintons. for all their people that work on the payroll and travel. 15% of it at most goes to the foundation. but, look, that's not what i want to go through right now. why is bill clinton looking to get $650,000 when they said no. bill clinton says well how about if i get 650 to go in my clinton foundation? they want money, richard. >> yeah, so this is a bug myth. i understand some people who don't think good thoughts about hillary clinton. want to propound this mess. the money that goes to clinton foundation is used for staff that goes into the congo to deal with childhood obesity, to give women and girls opportunities they otherwise wouldn't have. and other places in africa and elsewhere around the world. that's how they do their business. they don't give the money to other foundations. they actually pay people to go in and. >> so the congo, you said,

which is where he wanted to make 650 for a speech. let's move on. is this the best your party could come up with, richard? this woman is always on the edge of ethical or legal precipices. is she the best your party has? >> right. so, again, 18 of the past 21 years, the gallup poll of americans asked who is the most admired woman in the world, answer, hillary clinton. what do you think carly fiorina's 18th year of being the most admired, when do you think that will be? listen, hillary clinton is somebody who republicans and democrats admire. you know, there is these questions about her trustworthiness in these polls. when bill clinton was reelected in 1996 there were the same questions about him. he was reelected because people thought he would do a good job again as president. hillary clinton, i hate to inform you, will be elected because people realize she will be a good steward. that's why democrats love her. that's why in all the real politics averages she is

running every single republican. if i was a republican. i would want to get her out of the race, too. she is going to beat my guy, whoever that is. >> here's the thing, richard, she has got to get out from under that fbi a-team investigation. we will see what happens. do you want to make another bet? >> i bet you that next election day the day after i will be toasting hillary clinton's election. >> dinner. >> double or nothing on that lunch. >> okay, double or nothing on the lunch, you got it richard goodstein, thank you for being with us tent. >> thank you. >> joining me by phone is somebody who feels slightly different about hillary's server problems. former attorney general and budget to bush michael mukasey. you now agree that if hillary is indicted it doesn't prevent her from running for president of the united states. in fact, rick perry, i believe, is still under indictment and he is running for president, correct?

>> correct. the statute that she -- that bars somebody from holding office could not possibly apply to her because the constitution sets the requirements for being president and they don't include not being convicted under that statute. >> okay. now, let's assume that if hillary wins, as my last guest suggests that she would. would a convention prevent her from serving out her term. >> no, it would the no. americans can elect anybody they choose. including convicted felons. i remember mayor curly was elected from jail in boston. >> could she give herself a pardon if she is president and she was convicted of something? >> you know, the problem with that is that, in order to give a pardon, the person receiving it, the constitution says that the

president can pardon offenses against the united states. now, in order to accept -- in order to provide the pardon, the person getting it has to accept the pardon. in other words, acknowledge that they committed an offense. >> okay. all right. >> she is not going to do that. >> judge, i just have one quick question. loretta lynch is in the position that you were in. let's assume that jim thome from the fbi makes a decision that they are going to recommend prosecution and for whatever reason loretta lynch or this white house, this administration says no. can comey hold on to this and bring it to the next president? >> sure. the fbi doesn't really recommend prosecution. once it gets to the point of presenting it to the a prosecutor. prosecutors are working on the case now. >> the difference is, judge, is that jim comey is a former united states attorney. i'm hauer it's more than

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before we leave you tonight, we want to recap our top story. still no word right now on a clear motive in the brutal execution much sheriff's deputy warren goforth. here he is. 47-year-old married father of two at a gas station in his uniform, filling his patrol car with gas. that's when police say this man, shannon miles, walked up behind him, shot him from behind, multiple times, in cold blood and then shot him repeatedly after the deputy sheriff fell to the ground. a senseless, brutal execution. here's what we know about shannon miles. he is 30 years old. he has had a few run-ins with the law, including a trespassing arrest and a gun charge. again, we don't know the motive here but early indications are this officer was targeted, at least in part, because he was a police officer. the alleged shooter is now in police custody, charged

with capital murder and we will, of course, be following this story throughout the weekend for further developments. in the meantime, harris county sheriff ron hickman joined us on the phone earlier this hour and he told me that the donations are being accepted for officer goforth's family. anyone who wants to help can log on to www.the 100 club.org. and make sure you log on and send me your thoughts on tonight's show and check out my thoughts on all the news through the week as well as great behind the scene photos. and to all of you in law enforcement, we thank you from the bottom of our hearts for what you do for all of us. that's it for us tonight. have a good weekend. we both felt it i took tylenol at first but i had to take 6 pills to get through the day. then my friend said "try aleve".

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i'm like a big bear and he's my little cub. this little guy is non-stop. he's always hanging out with his friends. you've got to be prepared to sit at the edge of your seat and be ready to get up. there's no "deep couch sitting." it's definitely not good for my back. this is the part i really don't like right here. (doorbell) what's that? a package! it's a swiffer wetjet. it almost feels like it's moving itself. this is kind of fun. that comes from my floor? eww! this is deep couch sitting. deep couch sitting!

>> i am hi i'm greg gutfeld. thanks for being a friend. coming up a is sword video so outlandish it upset a feminist. they pulled it off the web. reporters accused donald trump and jeb bush of using an offensive immigration term. and both candidates tell the reporters to go pound sand, which as of august 23rd is not an offensive term. be the ashley madison hack has made people very very nervous. not me. ii can't emphasize that enough. i missed you, america. let's get started. >> it absolutely ridiculous. >> he talks, talks, talks until his time is up.