>> we will be back in one hour. outnumbered starts now. >> a fox news alert, donald trump's campaign manager charged with allegedly assaulting a female reporter earlier this month. this is outnumbered. i am andrea tantaros and here is sandra smith, julie richins k, catherine timmons and today's hashtag one lucky guy, alex for rare and you are outnumbered. welcome back. the breaking news fits into your area of expertise. donald trump's campaign manager having to answer in court,

charged with allegedly grabbing a former breitbart reporter when she tried to ask trump a question after a rally in florida this month. in a statement trump says she is absolutely innocent and will enter a plea of not guilty. what do you think of this this has been in the precedent it took pl. march 8th. could he go to jail over this? >> i don't think so unless he has tremendous priors. it is a simple battle. if proven guilty he won't go to trial. they will offer him pretrial intervention which is a program to avoid trial, he will plead no contest, not admitting any guilt, maybe make him do an anchor management class and it will go away. >> how important is evidence in

a case like this? >> evidence is important in every case. >> if there hadn't been a video the case never would have been brought because it is a low-level crime. >> this is a video circulating around the internet, will be submitted in 2 evidence. there has been a back and forth whether something happened. a lot of people who were there said it did happen and others say no. there has been a back and forth. they are going to settle this out. >> and likelihood yes. unless he is so adamant he has to accept a plea voluntarily. they can't force him to. the case is going to trial. i don't see him wanting to take it to trial. >> you said no contest means didn't acknowledge guilt but from a political standpoint no

contest means no contest. i assaulted a woman and for the trump campaign regardless whether this is legal or not, obviously problems with the attitude towards women, a lot of people including republican women, this is not helpful. >> it won't go to trial next week. they will delay this until it is no longer a factor. >> you can't allude he was guilty of this especially when he came storming out or delusional. no way to do anything but wait and say i am not guilty, don't wanttrial for this. >> you heard some people, not quoting twitter but this back and forth has been happening since march 8th and if you are a trump supporter, the philosophy online everywhere, she was at a crime trying to grab mister trump, he was well within his

rights, how does this affect in the court of public opinion someone like donald trump? >> that has already been determined. whether he faces any legal consequences there is nothing serious that can happen. the fact that it happens people have made up their mind. >> people who support trump will side with the campaign manager and say she was out of line, and the bullying tactics. >> battery is a first-degree misdemeanor, the timeline of this case, as far as the penalties he could face. >> the maximum penalty is up two a year and jail. someone with no prior and a battery of this level, battery, like he grabs her arm is a battery but it is also he punches her in the face. they are both battery. >> going to press charges. >> he could face a year in jail

but for a first-time offense with battery of this nature if he got convicted i don't think he would do jail time. if he did it would be minimal. they would put him on probation. >> looking at donald trump's twitter account for any response, nothing specific i can see, would you advise him, donald trump to stay silent on the matter? >> i would tell donald trump to say make the legal process deal with it. there is nothing here, let it work its way out. >> it keeps them from happening to answer any questions. be change he is playing right into the anti-woman thing. >> he had his campaign managers back, every single time, they seemingly have his. i don't think this is going to hurt donald trump or affect him, you made a decision you like him early on and stick with it and

nothing will deter your support. >> another data point for both sides, for those who don't like donald trump, he has a culture of himself and people around him, if you like donald trump, one more person being victimized. people who think corey lewandowski is being unfairly victimized, by michelle fields, we have all worked with her, no liberal, michelle fields worked for breitbart, an organization that is very friendly to donald trump, without saying whether she is right or wrong, this is no conspiracy to get donald trump. that is a point for people on the fence. so few people on the fence about this. they believe what they believe. i have a friend very close to the action who claims he saw

nothing. i see something different. it is like rossum on. we in the court of public opinion have watched this play itself out and a number of people were there who said this was a nothing burger, nothing occurred, she. this out of proportion. finally this is going to be settled. >> i think it will. typically someone grabs her by the arm, based on being grabbed by the arm. two people -- not going to go easy for me. she claimed she had bruises and took pictures of bruises. if he grabbed a roughly enough to leave bruises that is a significant issue. >> the judge is going to look at that. >> punishment should fit the crime. maybe it won't be a pretrial intervention program. it will be probation or jail

time. >> at the judge's description? >> offered by the state attorney, whether somebody is appropriate for the program, a program that takes you out of criminal prosecution, they drop the case, actually he wouldn't have to plead no contest, they put you in the program and if you completed they dropped the case as if it never existed. that is the best outcome for him but if he goes through to a plea where he pleads no contest the case did exist. >> he would have to concede he did something wrong in order to take -- >> they don't concede anything but offer pretrial intervention. goes to the program, they cross the case and it is over and done with. >> do you know anything about his representation? scott richardson of the law office. >> i don't know him. >> what about the other candidates? if you are in ted cruz's camp you are waiting -- a lot of times you see other candidates trump on board.

i would imagine democrats are saying we will throw this at donald trump as well, if you are hillary clinton. >> of all the things donald trump has done, this is the low end of the totem pole with respect to women. you can't pin this on donald trump. the only thing that happened in trump world democrats would be all over it but there are so many things donald trump has done towards women and about women that democrats can quote at will, let the legal process play out. i'm not a fan of corey lewandowski, i know and like michelle fields, but he is innocent until proven guilty and anybody would be crazy to allege he did something until the legal process plays out. >> we know candidates are crazy. assuming everyone running for president is completely normal which is not true whatsoever. >> you can't run for president and be normal now because it is

too boring. >> an excuse to not have to talk about it, it is being dealt with, that could almost be a positive thing that he is in the legal system. i don't have to do anything, they are taking care of it, going to build a wall and whatever else he wants to talk about. >> could you argue this is out-of-the-way? gives them an opportunity to say handling this issue we will talk about the issue. trump, the back of his campaign manager, rightfully for a long time, works for him, was right there, he says nothing happened, i support him, and move forward. >> it does give him cover because it allows him to pass it off to the legal system and say let it run its course. i have confidence in my campaign manager. don't believe it will lead to anything, he can take it off of the plate. what you were saying, judy, julie --

>> that is the woman you insulted. >> the people who don't like trump are still going to use it. they will say she has created this culture. it permeates everything around him. the guy at the other rally grabbed the other protester, they will say he created this atmosphere and will bring the white house. >> so many things donald trump has done. if i were running a campaign against donald trump, using his own words against them you don't have to go to corey lewandowski. if corey lewandowski is guilty. i still say until we figure out what happened. >> i should get back in, his camp put out a statement that says maintaining that he is absolutely innocent. >> what specifically did your friend say who witnessed the entire thing.

>> he didn't say anything but he is also close to the trump family so he may be predisposed. people who want to say something. >> is she giving herself bruises, she is not the person to do that. >> as i said speaking for myself i worked with her not closely, she is a lovely woman and i don't know the details, crazy to prejudge, did not strike me as someone who would make something up. and pursue it. i don't think she would. witnesses will be called. >> especially that video. >> keep your eyes on the story, breaking and unfolding today. moving on the fbi says it has successfully unlocked the san bernardino gunman's iphone without apple's help. look at that, they could do it

all along. what does that mean for american privacy? what does it mean for future cases? we have the judge here to tell us up next. you both have a perfect driving record. until one of you clips a food truck. then your rates go through the roof. perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. liberty mutual insurance.

>> thanks but no thanks. at tug-of-war over privacy

rights the fbi was able to hack into the iphone used by one of the san bernardino terrorists without help from apple. the justice department dropping its legal fight against the tech giant. the fbi says it was able to access the data with the help of a third party. in response apple saying, quote, this case should never have been brought. we will help law enforcement with their investigation as we have done all along and we will continue to increase the security of our product as the attack on our data become more frequent and sophisticated. this case may be over, the constitutional and privacy issues it raises are not, many legal experts say this is just kicking the can down the road and eventually congress may have to step in. >> congress require companies to preserve a window of vulnerability in the technology. some people call the back door.

that is the next big debate. it will not be about one phone but all phones, all computers. >> can apple now legally request from the government for them to request how they hacked into this phone. >> they can request it. don't know if the government will play ball with them. there is no legal requirement the government share information, there was a policy between government and tech companies, if the government found the security weakness they would share with the tech company to close security weaknesses so hackers are not cracking into bank accounts. >> what a tangled web this has become because now the government is in position to significantly help out apple because the most important part of the statement they released as they are now going to build

their background and security, make those devices even more secure and safe. >> first they ask apple to help them do this, apple says no way. help us prevent this? >> that is what is so fascinating, what apple is asking is the government to help them create a device so the government in the future cannot help them. it is unbelievable. >> from a legal standpoint apple was more likely to win the appeal than the government was. constitutionally requiring a private company to build something, you have a warrant, you have a warrant, give me a key that opens every lock in the world. >> back to the government's argument, you should do anything you can as a private company to help us solve crime but now if

the government has the ability to hack into the phone are they going to help local law enforcement around the country that has been asking the government to hack into phones and what is dangerous is it is impossible to create a program where you can just tack into one phone, if it was just about one phone, it is the fact that all the phones, legal precedents. >> what apple could have done is said we don't want to develop a key because you can't keep things secret, they get out so terrorists have keys so apple should have said give us a phone, we will unlock it for you and give it back to you. >> did apple make a mistake here? >> no. why are we focusing on apple? apple did the right thing. we are forgetting that the fbi lied to us, they said they couldn't get into the phone. the obama administration and the fbi said we have the cell phone,

they screwed up initially, it was the fbi -- >> we don't know, the government went about hacking into this phone. word is they tapped a foreign source, do we want that for private companies? >> the biggest point, the reason the fbi needed help getting into this phone, lock themselves out of the phone in the first place, it was an fbi error that did it. >> that doesn't mean they shouldn't ask apple for help getting in. if you are apple you are saying you guys break into phones all the time, apple knew that. why compromise our security for a product that is ours? hack into their own product, never made sense, apple must handle this brilliantly and beautifully and all from the get-go by the administration to

end all encrypted technology. now the administration has defined a new way to hack into them. it is about privacy, much bigger than we are talking about. >> i agree with a lot of what you said. from day one. >> how is it the united states government and collected intelligence agencies are not able -- >> back to it. staggering new numbers on the spread of terrorism worldwide and how much more lethal terrorism has become in the past five years and it is only getting worse. is the obama administration doing enough to fight this growing threat? hillary clinton blasting republicans for not meeting president obama's supreme court nominee. could we see some cracks in the gop wall of resistance? so if i wanna go to jersey and check out shotsy tuccerelli's portfolio,

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>> in the wake of the terror attacks in brussels and paris, alarming reports detail growing threats from radical islamists around the world. the nonprofit investigative project says an average of 30,000 people per year have been killed by terrorists, a nearly 800% increase. the report finds two disturbing trends, more attacks are happening and they tend to be deadlier with islamists spreading to more countries than ever before and it is not just isis but au courant, our shabaab, the taliban and al qaeda. far from being on the run is the obama administration has said in the past. i want to go to you first on this because according to this report our suspicions the terror on the rise, did not realize and 800% increase but a completely different storyline than we hear coming out of the white house that we are winning the war on

terror, groups like isis are contained, one side saying one thing and the other side saying the other. >> one side has credibility issues, terrorism is increasing, we see that in news reports every day, don't know whether the reports are accurate or not. i will say this. we have one of two choices and have to look at this seriously, we tend to agree to some extent. if we want to make an attempt at this to get terrorism where they are, we need to go in full force militarily, put men and women on the ground and make a generational commitment to several continents, africa, parts of asia, the middle east. that is a discussion worth having. the problem for me is no one is having this discussion. they say we need to get some but no one is talking aboi is talki

entails. it is a discussion worth having but i want the american people to have it and stop patronizing us and say there is an easy way to can defeat this threat. we are talking about starting world war iii on many continents and that is troubling and the conversation we need to have honestly. >> you don't even need this study. if you talk about what we talk about on outnumbered every day, we see what isis is doing in the middle east and on and on and we see what happened here in san bernardino and boston. what is it going to take? we have seen it happen on the homeland, refugees in california and texas, we have seen this administration unwilling to re-examine -- >> if you listen to general jack keane and john bolton, very smart individual looked at history, we need to identify the enemy. what we are talking about on

this couch for some time, islamic attacks will increase over 18 to 24 months. that is what the election is about. and jihadists will focus on southeast asia. these are terrifying predictions. >> basically terror groups are franchised, no longer in isolated groups. i mentioned before in 2006, i went on a trip to the middle east with the pentagon and we had military briefings and ten years ago, we were already aware of the fact, how france was in a delicate state with the amount of muslim extremists leaning towards terrorism type activity, that were starting to establish

-- >> it is happening outside the airport, the security checkpoint and the target changes. and the libertarian thing everyone is mad about, we want to be sure we don't let fear, something that needs to be identified, to be its own threat to our liberty by passing these policies. i don't think it is helping anybody at all. >> one thing they made clear ten years ago was we either fight them over there or we fight them over here. if it is not a fight we will come home, and establish and create a caliphate, and -- >> europe is in real trouble. it is not becoming safe to live in these cities, to lead on this and multiculturalism and all these lax immigration policies

and open borders have completely failed and you can't do that with an administration duplicating the mistakes they made. >> hillary clinton weighing in on the fight to replace antonin scalia on the supreme court with her lengthiest remarks on the subject yet. the democratic front runner slamming republicans for not acting on judge merrick garland. president obama's nominee to fill the vacancy, clinton calling it a make or break moment that is revealing the worst of our politics. >> we chose a president, we chose him twice. and now republicans in the senate are acting like our vote didn't count and president obama is not still our nation's leader. i am adding my voice to the chorus asking senator grassley to step up and do his job. >> for his part, senate judiciary chair grassley says she was trying to divert attention from her, quote, email

trouble and numerous investigations. according to reports on the hill, 16 republican senators say they will meet with garland, more than 25% of the gop caucus. is that enough? >> i don't know if it is enough. i will be different than everybody on this point because i don't like the politicizing of the judiciary. i think it is horrible. i think the senators should give grassley a hearing. they don't have to confirm him. they can say thank you very much but you never know, they might decide he is a good candidate. we have gotten to the point where everybody wants the most conservative supreme court justice or the most liberal supreme court justice and the supreme court is a battleship, it is supposed to stay the course and make small movements right or left but not supposed to zigzag like the legislature. >> how does hillary clinton have the guts to call republicans divisive when she went out and

said she is proud of making enemies of republicans? >> let's get to that. some sound of hillary clinton hitting trump and ted cruz on this matter. >> as you know there is a fight over whether president obama should nominate a replacement as the constitution requires. that fight is revealing the worst of our politics. the same obstructionism we have seen from republicans since the beginning of the obama administration. the same disregard for the rule of law that has given rise to the extremist candidacies of donald trump and ted cruz. it is corroding our democracy and it has to stop. >> couldn't help but notice your reaction. >> disregard for the rule of law, she is captain disregard for the rule of law. i don't know if she knows what she is saying when she talks or hopes nobody else is listening

to how ridiculous and hypocritical almost everything that comes out of her mouth is. >> let me say this. i hope the republicans are feeling superlucky. i hope they are very confident that they are going to win the white house and very confident they will keep the senate. i look at polling that says it is a 50/50 proposition at best. they can either take the deal behind door number one which is a moderate judge who they all approved unanimously for his current job. or somebody like orin hatch that obama would limit a definition of her nominate and obama called -- or they and gamble and get president hillary clinton or perhaps democratic senate, all of which is not preposterous and is probable according to some polls and a much more liberal justice and they will really change the supreme court for a generation, not under the direction they thought it was going to change. >> i agree completely. i think the republicans might have a plan b that might be if

hillary clinton wins they will rush through the nomination. >> obama is going to pull it. >> absolutely he will. >> we should play your game. we should -- republicans should be contestants on obama's let's make a deal and play your game. republicans should play their game and they are doing that and that is what they are doing. they don't have to constitutionally take up the nominee. they don't have to hold hearings if they don't want to and that is what they are doing. where i will criticize republicans is applying one school of thought which is you heard mitch mcconnell say let the people decide on this one, let the people also decide the republican nomination and decider candidate because if they don't let those things happen they are not likely to win the white house and if they get the white house in the fall which is the hope, if they can unite and stop trying to have a divided convention and let the people have their say and stop trying to steal it they can have their own judicial test but they need to start doing things their

way instead of the way president obama is dating and calling their bluff. >> the reason they are doing it is not because they believe in that fight but the reason they are doing it is to save their own skin. if they go ahead and nominate grassley or confirm grassley they bought whatever he does on the supreme court. >> every senator for himself. >> they can say it was out of my hands. >> every senator for themselves. that is the problem in the gop, they are not operating as a cohesive unit because there is no leadership on this. >> good to have a judge way in. we hear it all the time, the us is the great american melting pot. a new report shows how much. the number of immigrants and their children now number 61 million people. what that means for all of us next.

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>> as president obama pushes to bring more syrian refugees into the us and report finds a surge in the number of immigrants in recent decades based on immigration studies analysis of government data, one third of nationstates have immigrant populations of 15%, california, nevada, texas, florida, new york and new jersey have an immigrant population over 25%. and 61 million legal and illegal immigrants are living in the us. as recently as 1970 there were only 13.5 million immigrants and their young children in the country. one example, california went from 13% immigrant in 1970 to 37% last year. i want to ask you, does this

study give ammunition to the critics, immigration critics who say we need to pull back, restrict work permits because the influence of immigrants, numbers are surprising is restricting the ability of americans living in the us to get higher-paying wages, do you think that argument -- >> sound like donald trump. >> two minutes ago i grabbed the two ladies. >> immigration has been thrust to the forefront because of what you mentioned. that voting block am of the jobs voting block and a lot of construction jobs outsourced to illegal immigrants is garnering a lot of support for someone like donald trump. you have seen marco rubio try to wade into those waters. i think immigration is so complicated, and we should secure the border and i am in

favor of worker programs, there needs to be more of that. and sanctuary cities. it is a complex issue. when you talk about it like donald trump you get eviscerated for talking about the truth of the matter which is we have a lot of illegals living in this country, a lot of jobs have been lost to americans by illegal immigrants coming into the country and this administration is unwilling to do anything about it and we have to do something about it. not only is it a security issue but an economic issue as well. >> the study doesn't just talk about illegal immigration but legal immigrants as well. >> and their children. look at this couch. daughter of an immigrant, >> i was born in cuba. >> i can't speak to the two of you. this came here on the mayflower.

if you look at the presidential field donald trump, the son of an immigrant, barack obama the son of an immigrant, marco rubio the son of an immigrant, ted cruz the son of an immigrant. i won't get into whether he was legal but born in a different country and came here. consistently, that is what makes it great. maybe i am biased because i am an immigrant myself but whether it is reflected of this couch or another country, that is the beauty of the country. >> the difference, maybe you could back this up, that was happening at a time assimilation was easier. they were able to integrate parents and grandparents into the schools and the system, and our record number of people coming into the country there is a question how to handle it. i am worried about the old system. great to have it more open. as a libertarian, the most open borders of everyone on the couch but you can't have open borders in this insane war welfare state

we have now. >> as somebody who came here as a student, you come here you integrate was i didn't bring my values, i learned english, there was no choice given to me, i became an american. that was in 1980, the vast majority of americans i like that. >> so sweet you think 1980 was not so long ago. >> 35 years. i am still pretending i am 25. >> it is not 1980 anymore sadly. uconn women's basketball team celebrating another victory last night. more than 70 in a row, putting them closer to the fourth straight national championship title. now their coach is defending them after a columnist called and complained their perfection is killing the game. what is so bad about being awesome? could it have something to do with gender? you're late for work.

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>> more outnumbered in a moment but first john scott with what is coming up in the second hour

of happening now. jo ling: hillary clinton holding a preventing gun violence event in milwaukee. all the candidates are in wisconsin ahead of the big primary a week from today. air force one just taking off, the president head researching to a drug abuse and heroin summit in atlanta. prescription drug overdoses are soaring. president obama proposing more than $1 billion in spending on the problem. egypt airplane hijacked this morning, the hijacker claimed to have a bomb and forced the plane to land in cyprus. all the passengers and crew made it safely off the plane. connor powell just arriving in cyprus, he will join us live with the latest, next our coming up, happening now. >> they are on the verge of winning an unprecedented fourth national title, the university of connecticut women's basketball team making the final

four for a ninth straight season winning 73 games in a row but not everything is hurting for the huskies. boston globe columnist tweeting yukon women beat mississippi 98-38, hate to punish them, but they are killing women's game. watch, no thanks. >> they do what they do. when tiger was winning every major, no one said he was winning golf. he did a lot for golf. he made a lot of people better at golf than they did. now there are a lot more great golfers. >> he went on to say only women's basketball get negative attention but he isn't backing down. >> it is competition. you tune in wondering who is going to win. we are not distracted, it is not

like every match by 24 strokes. there was some trauma. without competition it is performance art and not a contest. >> i am embarrassed the coaches having to defend himself. he should be celebrated. >> way to go, fight that. this is more offensive to me. >> they are calling me old for saying that. >> the performance trophies, it doesn't offend me. this is telling people who do great, who excel, work hard to get to the top, you have been to the top long enough. no one said that to kobe bryant and the lakers. let other people win. >> is somebody else's turn. at the same time you got to say if it is 1 million to nothing, you leave. it is not interesting anymore.

>> i did not watch the yankees in the 90s. >> that is espn's problem. >> wasn't telling them do worse. tiger woods, i think anybody super into golf doesn't care if things are boring or not because golf is very boring. >> we will disagree on everything here. come on. >> i think these girls are doing an amazing job. their coach should walk around with a smile on his face, he should be proud, keep winning and they should not feel any remorse. >> it is okay to not want to watch what you know is going to happen. >> maybe this reporter should be more creative in covering these games instead of the back and forth whether they win or lose, they are not giving him the copy that he once. it makes him --

>> maybe they will get hit badly by another team. >> there should be more pressure on the other teams to challenge them. >> you don't bring the champions down. everybody else has to step up their games. >> to someone who played sports in high school you want to play -- it makes you a better player and everybody benefits by yukon being so great. i am proud of the girls too. >> it is not interesting to watch. that is the saying. >> i could predict that. >> as you decca out, even better, crush them and think how that would feel. >> we are leaving one aspect of this out, they question whether this has to do with the fact that it was a women's team. >> left while guys were playing

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>> thank you, judge alex, for joining us today. what should we talk about on

overtime? >> i hate women. >> she is a girl hater. >> what else do we continue? we continue all of this. logon right now. there she is, logging on, at noon eastern, happening now starts now. a fox news alert. sad news out of hollywood. oscar winning actress patty downing has died. she was only 69. she won the oscar of playing helen keller back in the early '60s. she played in "the valley of the dolls. ". patty duke, dead at age skoin. egypt releasing new video of a man hijacking a plane to cyprus. >> investigators are trying to