only the christian coach got suspended for his prayers, and he's here to react. check it out. 9:00 p.m. thanks for porter is facing several charges, including one for man slaughter. the jury spent about 16 hours deliberate, but still jurors couldn't agree and now a possible retrial looms. the "new york times" reported that secretary of defense ash carter used a personal e-mail account for government business. saying carter used the account when he first started working at

the pentagon. nmt in the statement, carter's spokesperson writing that the secretary knows it was a mistake to use personal account. i'm will carr. hanidy starts now. ♪ welcome to "hannity." tonight, a mistrial in the case of one of the baltimore cops being tried for the death of freddie gray. now, the trial ended after three days of deliberations by deadlocked jurors. here with reaction, fox news senior correspondent geraldo rivera, political analyst juan williams and kimberly guilfoyle, also an attorney. geraldo, you were down there when all this was going on. we see what's been unfolding a little bit today. a little bit of unrest. to me the system worked. this was very predictable. >> i think it was a travesty that this case was ever brought against this officer, a black

man, a native of baltimore. this charge of manslaughter was the product of mob violence. this in the city where this trial should never have happened. it would have been moved outside of the city. why? they didn't even have a lawsuit. they voluntarily gave to the family of freddie gray $6.4 million. a man who was arrested at least 18 times. this was a tragic accident death. to charge this cop with manslaughter was a travesty, and if it happened outside of baltimore, they would have been acquitted. they shouldn't retry him. >> but politically they'll do expedient thing and probably do it for political purposes. this is only the first guy up. and the hope was that, in fact, he would turn and testify against the other cops. that won't happen. >> i don't think it's going to happen. what we saw was that the testimony by experts in the case was that, in fact, he may have been more generous and more protective of freddie gray than was required, which is a

surprise to me in reading about the case, how the experts viewed it. because i think this is highly political. and i think we can see in terms of the unrest even today in baltimore that people are looking for justice, relief against what they perceive to be excessive use of force by police on a regular basis. but this may not be the case. >> but a change in venue made all the sense in a world. can a cop in baltimore, in light of everything that's happened, get a fair trial? >> this is why we have the jury system because here the jury system worked to correct the social injustice that was at play. the rush to judgment to indict this man before even all the evidence and the reports were back, to make an example, to feed into the hungry mob, to basically satiate their need for what they perceive to be justice. and very sad that this is still happening in this day and age. i blame also the prosecutors because they were really more interested in the public discourse and the feeling and mood and the violence that was happening ining at the time and

pushing this forward. this man could have been convicted, and the evidence doesn't support it. that's what's so disturbing. >> by the way, sean, i think you're wrong about change of venue. i don't see any reason why that case couldn't have been held in baltimore. >> juan! >> oh, my gosh. >> how can you say that -- >> after all that happened. >> after they voluntarily gave $6.4 million and said to the world that we are guilty, punish us. >> you can say that's political. >> that's poison. >> you can say that's a political move by the politicians, geraldo, but in terms of the citizens of baltimore, they have a right to have their officers, their police officers come before a jury in baltimore and have justice delivered. the officer has a responsibility and a right to have due process, to have a trial. >> how can you have fairness in a city that has already said this cop is guilty? how can you have fairness? >> you just saw it. >> -- in the streets. >> the jury was not a hanging jury, was it?

>> it was not, thankfully. they had a jury that was sensible enough to -- >> well, that's what i'm saying. >> an outright acquittal anyplace else. >> they can still retry this man. they have to make a decision now. what i'm concerned about is they're going to try to force this down the throat of some jury because this is the environment that's very toxic, very volatile. why wouldn't you err on the side of caution and good decision-making by doing a change of venue ta you know would ep ensure fairness than putting this in this wild pot. >> you remember rodney king when they moved the trial to simi valley. then you get an all-white jury, suburban jury, a different perspective -- >> but you're supposed to evaluate on the facts of the case. >> and tell me why. >> because you're talking about racial politics being in a jury selection. i'm saying what you need are objective people that are not as emotionally involved. >> you're saying black people don't convict black people? >> no, i'm saying you're saying

that. >> no. >> to an all-white jury. >> people in maryland --. [ many speaking at once ] >> you're saying that white people can't give a fair verdict. >> no, no, no. i said suburban all-white jurisdiction outside of the city of baltimore. >> does that mean they're objective? does that mean they're less -- >> no, they have a different experience with the police on a daily basis. >> having tried cases where i, in fact went ahead and agreed, yes, we should have a change of venue. you don't want a case coming back on appeal. you want to seek justice. >> doesn't that sound like they have a different experience, doesn't that sound like juan is saying he would expect that the people in baltimore would prejudge the police differently? >> no. >> -- baltimore has experienced the worst homicide in more than 20 years since the death of freddie gray. there's a greedy and opportunistic mob there that has

victimized their own friends and neighbors, they destroyed the elderly care center, they wiped out mom and pop businesses all along that avenue. >> you're right. >> they have acted in a way that has so frightened the city that the atmosphere in the city was so tense and so shaky that it was unmistakable, juan, and undeniable that there was a link between what happened to that cop and what the city anticipated would happen in the streets of baltimore. that's why it should have been moved. >> we didn't say these gangsters, these thugs would be the jury. we said the people of baltimore. >> the people of baltimore, the people of maryland, this is the state versus the officer in this case. there's plenty of people in other parts of baltimore and maryland where you could have gotten a diverse jury. and we did. to try it in that town where people are so on tenterhooks.

and we watch out of the corner of my own eye, to see is this going to be used as an excuse? >> and will they retry him? and why i'm going to move it? because what if this man was convicted, the first thing his defense attorney would do, is file an appeal and say that he didn't get a fair trial. that there should have been a change of venue because of the volatile bloodlust -- >> don't you think they also overcharged him? >> of course they did. >> they so overcharged him. >> they threw everything at him and hoped something would stick. how disgusting. the d.a.'s job is to seek justice. we have one of the most powerful jobs in the world where you determine the fate of a human being, deciding the nature of the charges. you can put someone away for life for something that is totally disproportionate for the crime that they did. >> when geraldo was on my side and kimberly's on my side, juan, that means that you need to take a sincere objective discerning

look at your side and realize -- >> no, here's what i think. >> what? >> i think that people sometimes don't realize that if you're poor and you're black in this count country your experience with police -- >> the money that was paid out -- >> i think you want the policemen acquitted. >> i don't see any evidence -- excuse me. [ many speaking at once ] >> you tell me -- you saw that videotape of freddie gray. you saw the bus, the drag. at what point in that event was he injured? at what point? and by whom. >> i can't tell. >> you can't tell. isn't that exactly what we're talking about? >> no. >> until you can convict a specific cop beyond a reasonable doubt for inflicting a certain injury. >> wait, it would be negligence because he is under the control, the custody of --

>> judge -- >> callous disregard because he didn't -- the prisoner in the paddy wagon. how many cops fasten the seat belts? >> i don't know. >> this was a cop who should have gotten some kind of discipline. >> reprimand. >> all right, you have to work overtime, you're punished. it's not a crime. >> this is not a crime, this is manslaughter. >> you will judge whether or not it's a crime. >> it's like a department infraction. >> we've got to go. we're going to continue to monitor the events in baltimore. thank you all. mistrial declared for one of the officers in the freddie gray case. but first tonight -- >> donald is great at the one-liners, but he's a chaos candidate. and he'd be a chaos president. >> one of the most talked about exchanges from last night's republican debate, former florida governor jeb bush gives us his take on that. then later, the one and only

mark steyn is here to weigh in on the showdown in vegas. senator ted cruz will join us to talk about his debate performance. that's all coming up tonight on this busy news night. ♪ no matter where you look, you won't find another small commercial van that can fit more,

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welcome back to "hannity." the republican showdown in vegas had plenty of memorable and exciting moments but some of the most talked about exchanges were between republican rivals donald trump and jeb bush. take a look. >> donald, you know, is great at the one-liners, but he's a chaos candidate. donald, you're not going to be able to insult your way to the

presidency. that won't happen. >> jeb said when they come across the southern border, they come as an act of love. >> you said on september 30th that isis. >> am i talking or you are talking? you interrupted me. will you apologize? >> no, if you think this is tough and you're not being treated fairly, imagine what it will be like dealing with president or dealing with president xie or islamic terrorism. >> oh, yes. >> this is a tough business. >> you're a tough guy, jeb. >> and we need to have a leader. >> real tough. >> you'll never be president of the united states by insulting your way to the president. >> i'm at 42 and you're at 3 so far i'm doing better. you started off over here, jeb. you're moving over further and further. pretty soon you'll be off the end. >> 2016 republican candidate former florida governor jeb bush. you're smiling so i guess that means you had a good time at the debate. but -- >> yes, i did. >> as you see it, do you think

differently? >> no, look, i think the outpouring of support that we've gotten for someone taking on donald trump, look, the guy's a gifted politician, but he's not a serious candidate. the substance of the debate last night was phenomenal. substantive questions with serious answers across the board. donald trump doesn't talk about anything serious. the threat of isis, what was his response? well, you know, he has to admit that two months ago he was saying isis -- we shouldn't even deal with them. now he's talking about bombing the you know what out of them. there's no plan behind that. and we need someone that has serious detailed plans, a serious leader to deal with the great threat of our time. >> i'm not going to get into the middle of it. i thought you both had your exchange last night. i'm going to leave it to the two of you. here's one thing somebody wrote me today and said, why didn't jeb bush do that in the first debate? do you think maybe you showed more fire, a willingness to fight, do you think waiting till the fifth debate to really

engage was a mistake? >> look, the opportunity was here because we have great threats to our national security. as i said, donald trump is a capable guy, he's a smart guy, but he doesn't have any ideas about how to keep america safe. the idea that you would ban all muz lip slims makes it impossib build the kind of coalition necessary to destroy isis, for example. that's just one of many points that i think was appropriate to bring up. this is about policy, about ideas that matter. i think i have the skills, the temperament and the ideas to keep us safe. people right now are scared about this. >> one of the things i wanted to ask you and this is a really important question and the president taking in syrian refugees is a really important question in light of the fact that there were new developments that there might have been other refugees involved in the paris attacks. and we learned a couple of things this week, that isis, in fact, can make passports and that they have a plan to

infiltrate the refugee population. so my concern is -- and i don't necessarily think it's a bad idea. i would say things differently than you or donald trump. president john allen, the president's envoy to defeat isis, james clapper, national head of intelligence, james comey, assistant fbi director steinbeck, they all say we can't vet these guys and they're all suggesting that isis will infiltrate. maybe is it a good idea to put a pause on all immigration until -- >> absolutely. >> -- we can vet them? so you agree with the pause until we can get it right. >> i agree with the pause for syrian refugees. absolutely we should not be allowing people in when you have all the people you mentioned saying we're incapable of having a vetting process to keep us safe. that would be enough to put a pause for as long as it takes to get that right. the visa waiver program for europeans coming to our country

in an easy fashion needs to be looked at. congress has a duty to go beyond talking about this to actually pass legislation that creates changes in our policies recognizing the threat that we're facing right now. >> but i guess also when you compare this to our open borders, i understand that there's a variety of opinions about what we should do with the 11 million people here, but to me that's secondary. because we still have open borders. we still have -- i was talking to a border security guy i know. i've been down to the border, governor, 12 times. >> yep. >> he told me syrians are coming in with syrian passports on our southern border. in texas alone, when i went down with governor perry between the years 2008 and 2014, 611,000 crimes were committed against texans by illegal immigrants. there seems to be no urgency to get that wall up to protect the american people. how important is that to you?

>> it is important, very important. and last night i spoke about this. the president has the money, the congress has appropriated the money. we need more border patrol agents. we need to use drone technology. we need to build the wall that has been designed. we need to get on with it. we need to have a verify system, an exit visa system that deals with the fact that 40% of people come legally and just stay. i mean, this is a great challenge. it's not the most complicated thing our country has faced, but we're not serious in this administration to create border security. and everything else can't be done without it. >> last question, i was watching last night. politics, i'm sure you'll agree, is a blood sport. are you having fun? do you enjoy this? is this something that you like to do every day when you get up? >> yeah. i had a blast last night. and each and every day talking to people and voters, i'm going to be in new hampshire saturday

doing five town hall meetings. i love it. and i'm excited about the progress we're making. >> governor, thanks as always for being with us. >> sean, thank you. mark steyn weighs in on some of the most talked-bo moments from last night's debate. we'll check in with senator ted cruz and get his reaction to the debate. bo dietl, eric guster, talking about t

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ask your doctor about cialis for daily use. insurance coverage has expanded nationally and you may now be covered. contact your health plan for the latest information. welcome back to "hannity." joining us now with more reaction in the gop debate, columnist mark steyn. he has a new musical album. i can't believe i'm saying this again. feline groovy. songs for cats. >> you'll love it. if you don't buy my cat album, the terrorists will have won, sean. >> i'm going to buy it just because you're a friend and i want to support the cause. >> okay. >> let's start -- we just had jeb bush on. big exchange between him and

trump. how do you feel it came out? >> yeah, i think if he'd have done this in the first debate, it would have been effective. i think in that sense it was left too late, and he should have tried it, you know, six months ago. the problem now is that jeb bush has burned through an awful lot of that $100 million war chest, and it's hard to argue with trump's point that he's at 41 and jeb is at 3% in the polls. i mean, basically, you know, jeb bush is jim gilmore with $100 million. and that's what trump has done to him. so he left it too late to push back, i think. >> i also look at donald trump this way -- being so far ahead and for so long, so consistently. to me, he looks at these debates as no harm, no foul. as long as he doesn't make a big mistake, he's per expectly comfortable. they can get all the media attention he wants any other

time he wants. he seems comfortable getting a few lines in and letting everyone else go at it and it seems to work. >> because he doesn't need the debate. if you're a strong candidate, you don't need these debates. if you're a weak candidate, as 6 1/2 of the guys on that stage were, then you do need a strong performance. but that said, i thought trump had one very good moment when he said -- when he pushed back and he said, so they're allowed to kill us, but we're not allowed to kill them. and the audience began to sort of boo him, and he took on the audience. he actually said, really? and he turned to them and he looked at them and he put down the audience, which in these republican events is mainly full of, you know, assistant deputy county chairmen of various -- >> i agree. a powerful moment. it wouldn't likely happen -- i can't imagine any of the other candidates doing that, which again goes to the uniqueness of

donald trump. >> absolutely. i think we shouldn't forget the conversation that they were having last night is a conversation that wouldn't be taking place. until donald trump came along, immigration in campaigns was -- has been generally talked about from the point of view of the illegal immigrants. so we're talking about, oh, well, you know, these are worki haven't committed any crimes or certainly no more than three or four misdemeanors and a couple of felonies, we should have a pathway to citizenship. rubio calling for a path over 18 months and bush arguing for a pathway to citizenship in 6 months and that's where the conversation would be had trump not come along and for the first time immigration is being discussed in terms of what it offers to the people who are already here, and that's something -- that's a change trump made. >> i did think that conservatism

won on that stage last night because all those candidates are selling themselves as a conservative. and the exchange ted cruz now has moved up solidly now into second place. there are a couple of exchanges he had with marco rubio. but i thought one great moment for cruz was when he said, yeah, when they kept pushing him, you mean you're going to carpet bomb a city and make the sand glow and kill the babies and the children. and he said no, i'm going to carpet bomb isis. and if you join them, it's your death warrant. i thought that was a good line. >> right. >> how do you think that went and the exchanges with rubio over metadata, surveillance and immigration went? >> i think cruz has it slightly easier here because i think, you know, cruz's weakness, supposedly, is on these national security, on the big security state. rubio's weakness is on immigration. but the party has a general indifference of opinion on the

security versus liberty issue and at what point, what is the sweet spot on that continuum. so in a sense, there's a constituency for cruz. rubio's weakness, the immigration and the amnesty is far more disqualifying. but i would say this. i think cruz had a good night last night apart from anything else just because ben carson needed to perform well, and he didn't. he performed, i thought, rather eccentriccally starting from that sort of minute of silence he introduced in the middle of his opening statement. and i think from that point of view, carson will not arrest his decline and the main beneficiary of his decline in iowa has been ted cruz. so i thought in that sense carson helped cruz last night. >> does marco -- he cannot seem to escape his support for the comprehensive immigration bill. do you see any way that he can overcome that with a conservative base? >> yes, i think he certainly could, but he's not there yet. for example, he was talking last

night about how he doesn't want to let any syrian refugees in because 9,999 of them might be fine upstanding fellows but if the 10,000th is building a pipe bomb in his garage, that's a risk we can't afford to take. and that sounds tough, but it's not where the base is. the base has got kind of far more basic problems with mass immigration at a time when the american middle class is shrinking and social mobility is basically declining. and so he's not -- the terrorism thing is not going to get him off the immigration hook. he's got to go beyond that. >> let's talk about this battle between the establishment and the more conservative wing of the republican party. because look, the insurgency is real, it's the outsider insurgency year. conventional wisdom from the establishment is you got to get somebody who is electable like

bob dole or john mccain, establishment candidates. they tell conservatives they've got to suck it up and be team players. now it appears that the establishment will try to undermine any insurgency candidate, be it donald trump or ted cruz or if it was ben carson. so my question is, you know, what do you foresee when one of these insurgents actually win? what happens? >> yeah, i think it's going to be -- it could look very difficult for the establishment by about midnight on the night of the new hampshire primary because your top two candidates who may have a victory apiece under their belts by then will be trump and cruz. and at that point the republican party establishment will have lost control of the party. and i think there's no doubt -- there's absolutely no doubt in my mind that even if they were capable of coming up with an attack ad that could destroy either of these candidates --

>> they would. >> -- the idea that these people would then willingly migrate to whatever establishment figure is put up in their place, i don't think that's going to happen. with trump supporters, a significant proportion of them would just sit on their hands if they were to be taken out in some way. so the establishment has lost control of this thing. >> well said. mark steyn, good to see you. congratulations on the new cd. i'll be getting a copy, i promise, under my christmas tree. >> yeah, you'll be playing it all christmas long, sean. >> i promise. >> coming up bo dietl, eric guster will weigh in on the judge declaring a mistrial for one of the cops in the freddie gray case earlier today. then senator ted cruz will react to his debate performance. that and more. ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪

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again. i'm leland vittert in baltimore. now back to "hannity." welcome back to "hannity." and here with more reaction to the mistrial in the case against one of the baltimore cops being tried in the death of freddie gray, we have trial attorney political commentator eric

guster, former nypd detective bo dietl. i don't think people understand what a mistrial is. it's likely that this will be retried. i think they should have had a change of venue, number one. number two, i don't see the evidence basedton charges, manslaughter, reckless endangerment. there's no evidence to prove that cop did that. >> there was evidence but not to the level of beyond a reasonable doubt. there was plenty of evidence. one of the problems the prosecution had was they were severed, meaning that the different police officers had their own separate trials. if they were all pulled in together, they would have gotten convictions. >> doesn't the prosecutor want that originally? >> it was debating if they wanted to have it separate or not, but the judge had issued to have them separate. >> these charges and all the time that you charge someone, you can overcharge them because you cannot convict somebody. it's beyond a reasonable doubt. that's the way our system is. that means if the defense

attorney throws enough doubt in there that that cop that was driving that van knew that he was going to fall against the back of the wall and was going to break his neck and it's kind of impossible to find someone guilty of that knowing they were going to do that. >> look at his arrest record. 8:30 in the morning. he runs from cops probably because of the past arrest record. and maybe the likelihood that he's up to no good at this time in the morning. here's the deal. they didn't put the seat belt on the guy. i would say that. but they don't know which cop -- in this particular case, the cop said it was not his duty to put the seat belt in this case. >> that's one of the problems. now, let's go back to the arrest record. his arrest record does not matter. >> it doesn't matter legally in the court, but it matters in reality. >> oh, he's been arrested a hundred times or 20 times, whatever it is. oh, he's dead, so that's okay? >> no, that's not okay. >> nobody's saying that. >> you even implied that, sean. >> no, i'm saying that he's

obviously not a pillar of the community. and the problem is that the cops knew him, and he ran from the cops. >> so what? he's still a man who deserves a fair trial. >> he's not on trial. the cops are on trial. >> i have to agree with you on one thing. one thing has nothing to do with the other one. the idea that i have a problem with is so many conflicting statements about the van stopping four, five times, he was still alive. if you have a fractured vertebrae and you fracture your spine, you're not going to be able to talk, you're going to be paralyzed. my whole thing on this thing is a terrible accident that occurred. i don't think there was any intention to kill that man in that trial. >> i agree with you. >> there was intent to hurt him. >> look at the video. >> they did a -- i believe that they intended to teach him a lesson by doing a rough ride. >> that's a theory.

>> beyond a reasonable doubt. >> that's a hypothesis on your part. there's no evidence of that. >> that's what trials are all about, it's about a hypothesis. >> but you need to prove this cop is guilty, and there's no evidence here. >> the entire time i have not seen -- >> why are you giving us an opinion not based on fact? >> no, i'm talking about fact. >> it is a fact. >> here's in fact. when those officers were taking him over to the van, we all saw the video on the cell phone camera. his feet were dragging like he had no motion in his feet. my problem is possibly did he hurt himself when he was running and fall and those injuries were consistent of one more shot in that van, the spinal cord? >> i think we can't get an honest answer because it is so highly politically emotionally charged in the light of what happened and i think that resulted in overcharging, resulted in it becoming

political. >> as a prosecutor -- let's face it the prosecutor and the mayor were no pillars of the agreement. >> i don't agree with that. >> yes, they are. >> oh, stop, they are. [ many speaking at once ] >> start picking out the ones that were looting and burning the store. lock them up -- >> you're trying to talk about looting. a man is dead. [ many speaking at once ] >> we don't burn houses down. >> we don't. but we're talking about freddie gray now. there was not a conviction in freddie gray's trial. >> the problem when you have prosecutors and politicians involved and they overcharge and there's not evidence to prove it, then the verdict doesn't come out the way the public seems to want it, they have set the public up with an expectation of a specific

result, and you don't get it. and that's irresponsible and reckless on their part. >> they did -- well, the prosecutor's job. >> they created the situation, guilty, guilty, guilty. >> the prosecutor's job, she had a role. that's what she did. >> up next texas senator ted cruz will react to his debate performance. ♪ no matter where you look, you won't find another small commercial van that can fit more, carry more weight, and yet go farther on a tank of gas than the ram promaster city. hurry in to your ram dealer for details on all current incentives.

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welcome back to "hannity." last night right after the debate was over we spoke with 2016 republican presidential candidate texas senator ted cruz from the spin room in vegas. here's what he said. >> i was very interested also in your answer about, for example, deposing dictators and who were the remembers we often end up supporting they end up being, oftentimes, far worse than the people that we depose. explain how -- i mean, we're talk about a razor's edge, threading a needle in these case, difficult decision or easy decision for you? >> oh, sure, she's decisions are always difficult. but you know, you look at how ronald reagan approached the cold war. he used as a central unifying approach of his foreign policy defeating soviet communism. that meant sometimes that he

cooperated with dictators who are unsavory characters but they were helpful in stopping and defeating soviet communism. the problem with our foreign policy with barack obama and hillary clinton and, unfortunately, with too many washington republicans is they take their eye off the ball. that they stop focusing on the need to defeat radical islamic terrorism, whether it's isis, whether it's al qaeda, boko haram, al nusra. what we end up doing is toppling governments in the middle east and enabling the radical islamic terrorists to take over libya, gadhafi, was a bad man. he'd been active in terrorism decades before, but he'd become a partner with the u.s. government in targeting radical islamic terrorists, in capturing them, in fighting them and what barack obama and hillary clinton did with the support of a lot of washington republicans is toppled him after he is helping us fight radical islamic

terrorism. and it gave libya over to the terrorists. that's worse from but if we topple assad and hand syria over to isis, that is worse from a u.s. national security perspective. >> and we've aligned ourselves with joseph stalin and sometimes, it gets complicated. you have now established yourself as the second place candidate in this race of 14 candidates. you have been climbing steadily in the polls. the number of polls have you leading in the first caucus state of iowa. going into the debate there has been back and forth between you and donald trump. people were expecting a battle

between the two of you, that did not unfold.xd but a serious debate on meta data between you and marco rubio. >> on immigration, we saw a sharp difference between senator rubio's support of barack obama and chuck shumer's amnesty program. this is one of the first times we've discovered how the rubio-shumer amnesty plan would have endangered national security because it would have given barack obama blanket powers to admit new refugee was out mandating background checks that would endanger our national security. i think that difference was shown clearly in the debate. the most-important difference of the debate was i think the american people are looking for someone who is clear eyed, who has judgment, strength.

who they can trust to keep this country safe. to be commander in chief, to go after the terrorists, to defeat isis, and not to get, not to take their eye off the ball of what is needed to protect the homeland and ensure this nation remains safe. >> senator, we've learned a lot about isis in the last weeks. we've learned they now have ability to print their own visas and pass ports. we have learned that they have a plan as confirmed by homeland security committee chairman to infiltrate the refugee population and have learned this administration wanted to protect the privacy of people coming into the country so they won't look at social media. we didn't bomb oil wells, the life blood of the financial support of isis because they didn't want environmental damage. this seems to me, this is so reckless to me. that there is a lack of understanding that this is a war and they have declared war

against us and are trying to kill us. why doesn't this president get it? >> sean, you're right. the democratic party is out of touch. they, as a matter of policy refuse to say the words radical islamic terrorism. following san bernardino, the attorney general said what she was worried about is rhetoric, anti-muslim rhetoric. how about having the attorney general protecting the safety and security of our families here at home and if this political correctness causes the administration not to stop the attacks we should have been able to stop the boston bombing and fort hood but the administration is so politically correct they don't act to stop it f i am

president our focus will be keeping this nation safe you made points the jahar tsarnaev brothers, now, the woman with a pakistani passport, we have evidence. >> seems to me people should have blood on their hands. >> we have about 30 seconds. >> you're right. nake nadal hassan. we knew he was communicating with a radical cleric, asking about waging jihad against fellow soldiers. the obama administration did nothing and 14 innocent people were murdered at fort hood. political correctness cost lives. that will end if i'm elected. >> coming up, we need your help, tonight's question of the day, straight ahead. i have asthma...

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technology empowers us it pushes us to go further. special olympics has almost five million athletes in 170 countries. the microsoft cloud allows us to immediately be able to access information, wherever we are. information for an athlete's medical care, or information to track their personal best. with microsoft cloud, we save millions of man hours, and that's time that we can invest in our athletes and changing the world. time for our question of the day. who do you think won last night's big debate? go to facebook or twitter and let us know what you think. that is all the time we have left evening. be sure to tune in tomorrow

night as republican front runner donald trump will be our guest tomorrow night. thanks for being with us, see you back here tomorrow night. this is a fox news alert. mistrial. the baltimore jury announcing it can't decide if officer william porter is guilty or not. officer porter the first of six officers to go to trial in the death of freddie gray. and tonight the burping question, whatñ happens next? will the officerrable retried or not? what about the other five officers charged? in april, after freddie gray's death, baltimore erupted in violent riots and looting. tonight the city calling on the people to remain calm. "on the record" has live coverage and smart legal analysis. we begin with griff jenkins live at the baltimore city hall. griff? >> greta, after more than 16 hours of