for a free quote today at see car insurance in a whole new light. liberty mutual insurance. >> heather and i are back if one hour. "outnumbered" starts right now. sandra: fox news alert. breaking news in the world of sports the appeals court ruling on tom brady's "deflategate" case, says that he must now serve that "deflategate" penalty, the four-game suspension is back on for new england patriots quarterback tom brady, after the league found it was more probable than not tom brady ordered the team to deflate those footballs. he still stands by that he did not but he will not be suspended for the first four games of the

season. is contentious one. we'll battle it out here on the couch on "outnumbered." that is coming up. another fox news alert. political equivalent of a hail mary. ted cruz and john kasich teaming up to block republican front-runner donald trump from the republican nomination. this is "outnumbered." i'm sandra submission. here today is harris faulkner. andrea tanteros back on the couch with us this monday. political and legal analyst, fox news contributor eboni williams. today's #oneluckyguy, we welcome back, fox senior judicial analyst judge andrew napolitano. welcome, sir. >> highlight of the week. sandra: we should be rising. >> you can stay on the couch. sandra: always good to have you sir. so much coming up in world of politics with breaking news. >> just reading the opinion. sandra: you're on that for us. we'll have more of that coming up.

on eve of another pivotal primary day, ted cruz and john kasich doing something virtually unheard of in presidential politics. announcing a new strategy to keep donald trump from winning the party's nomination. instead of both competing in three upcoming contests in may and june, cruz will focus on indiana. kasich will devote his efforts to oregon and new mexico. as folks in 5:00 eastern states voting tomorrow, 172 republican delegates at stake. this is the biggest prize, pennsylvania, with 71 delegates. but only 17 will be awarded tomorrow. the rest can support whichever candidate they want in convention time. donald trump slamming their last-ditch effort stop him. suggesting that their plan is illegal. just tweeted this, lyin' ted and john kasich keep colluding to keep me from getting republican

nomination. last hour, kasich and cruz pressed to explain why they are joining forces. >> we're at a fork in the road if donald trump is the nominee hillary clinton wins. hillary beats donald trump by double digits. if hillary wins and wins in a landslide, that not only cost us the presidency, we lose the senate, we may lose the house, we lose the supreme court for a generation. we lose the bill of rights, if it becomes put into real jeopardy. >> i'm not complaining in indiana and he is not campaigning in these other states. that is all it is. >> thank you, guys. >> not a big deal. >> thank you, governor. >> but it is fun. you're all still here. sandra: meantime, trump raising stakes, if he does not win the nomination on the first ballot, listen to this. >> i'm only interested in the first ballot. i'm not interested in second, third, forth, 19th. because i'm really winning in

early and that's it. sandra: first off, you were cracking up at the response that kasich has had to all this it is not a big deal. is it? >> i was cracking up because he shoved a pile of eggs in his mouth. as soon as he said that of course it is a big deal but let me suggest this. this is not unique. this is not the first time it happened. sandra: judge, is it illegal as donald trump suggested? >> no. it is not illegal. first time it happened with such openness. usually this type of collusion, a vote here, vote there, i won't do this if you don't do that, was behind the scenes cigar-filled room politics. first time in my memory and knowledge of history that this happened so openly or blatantly. it will work or either backfire. donald trump will end up getting more votes out of it. it is not as simple as john kasich would have us believe. i say that somebody who knows him and liked him. he worked here couple years.

same then as he is now, giving short answers, filling his mouth with food so he doesn't give long answers. this is profound. they did it today because they didn't want to be questioned about it on the town hall that bill and martha did last night. they were both on it. they wanted to take a little sting out of what will be a serious victory for trump tomorrow in the so-called super tuesday in the northeast. and they have succeeded in dominating the headlines this morning. >> andrea, talk strategy here because sean spicer, chief strategist for republican party was basically pressed on this in an interview, asking is this act of desperation on part of kasich and cruz. i'm not here to comment on that but i can tell you they see two scenarios playing out, trump gets to 1237 or he doesn't. other two candidates not the front-runners, have to plan for that. that is what they're doing. andrea: the judge is right. this has never been done so far openly. it is desperate. sandra, if you look at math,

neither cruz or kasich has mathematical chance of winning nomination. so the enemy of my enemy is my new best friend. i would advise john kasich as press secretary are is he always eating? eating pizza -- i think he will just end up not eating his words and actions, judge this will backfire. it will help donald trump. only validates everything donald trump said. think about it up to this point everyone hurled attacks at donald trump. he is not credible. this is all baloney they're ganging up on him. now we see donald trump is validated. it is true. while the judge is right, it is not illegal collusion looks bad and only frustrates the republican base already mad. it only helps donald trump. just a couple weeks ago i said he would have couple good weeks, new york pennsylvania and that is proving true. sandra: look at donald trump his cam announced a change in strategy. he would start acting more presidential. calling lyin' ted, calling him

senator ted cruz. he is now say, i'm not going to tone it down. listen. >> paul was down in florida, he said, you know, donald might be changing a little bit over a period of time and he maybe el tone it down, maybe he won't who knows what happens. i sort of the don't like toning it down. you know? [cheering] i'm going to talk about that in a second because it is interesting. isn't it nice i'm not one of these teleprompter guys? [laughter] sandra: eboni, let's talk about the possibility that, say the strategy plays out and it works and ted cruz and john kasich are able to take away some delegates and able to stop trump. it goes to contested convention. what is the reaction we see from the people? >> well, look i said for a while, if trump gets within 150 or 100 delegates i don't see a way he is denied this nomination.

if leaves 200 plus delegates on the table i think a contested convention is open. i completely agree with andree and judge, this is desperate and desperate times call for desperate measures. i'm not really not that mad at it. i don't know why cruz was calling for kasich to get out weeks ago. surprised ted cruz to realize he needs this guy to deny donald trump. sandra: irony, harris, ted cruz kept himself away from kasich all along. all of sudden they're joining alliance. harris: it is politics. i agree with you. they're combining forces because they are somewhat desperate in terms of what numbers showing. quietly ted cruz picked up 65 delegates over the weekend. he is moving like he can actually get this done, if you carry the one and carry the two, cross the five it doesn't really happen numerically. it is interesting on couple of levels. why would you assume a cruz supporter is necessarily a

kasich supporter? you can talk about combining unbound delegates and bringing some numbers together but i don't know that you're necessarily bringing voters who will support them if they should be on one ticket. that is one thing. we can't lose track, who talked yesterday about big money? charles koch, whether he will spend any. no way. i'm not putting my cash in here, not for, not oppositionally. who would i back? i don't know yet. depends who jumps. >> what do you think of hillary, mr. koch? >> i don't know yet. what do you. harris: what do you think of gop candidates? i don't know yet. that point is big, big announcement from a guy with a lot of money. sandra: he left the door open to supporting hillary clinton. hillary clinton said, no thank you. >> very odd for both of them, in some respects she might govern better. her to say she doesn't want his support. she wants everybody's support

she can get in. maybe i get in. andrea: doesn't have best luck backing candidates. they have chosen and picked horses not exactly crossed the finish line the way they wanted them to. to your point about kasich and cruz supporters meshing? i don't see that happening. kasich's supporters are so moderate and cruzs are so conservative -- >> there is a fee of down-ticket defeat if donald trump is up ahead. harris: do voters care about that? andrea: bingo. >> probably not. here is what i would ask them if they were here, is a cruz-kasich ticket next? harris: right, so then my question is -- >> are you twice really in bed together? which one is president and which one is vice president. >> i would say many of us consider john kasich are not going to consider ted cruz and vice versa. >> that goes to andrea's point this doesn't work. >> it doesn't work. i will say that hillary clinton need as koch brothers

endorsement like a hole in the head. that is very telling, certainly to the democratic base, skeptical about her true progressivism. that is -- >> wait a minute, if you listen to bernie, she is the darling of the wall street billionaires. >> here is the crown for her head from a koch brothers. harris: question, andrea, whether that was message to republicans to get it together? i don't know that was necessarily a sincere i will give money to hillary clinton. he didn't say that. he said if she does things oppositional to her rhetoric and gop does too, maybe we can talk. andrea: interesting point, harris. i don't think it helps the kochs either. republican base, you will abandon us? i do think the point is, that the kasich supporters again, they're more moderate. the cruz supporters are dyed-in-the-wool conservatives. they have spent last how many years going after each other. they will not coulding a you late.

teaming up may seem it would work. it can't on its face. they're not naturally aligned. their supporters do not get along. harris: who will check that box? andrea: right. sandra: keep it right here for the best election coverage on television as gop, democratic voter head to the polls in five states. our wall-to-wall coverage goes all day and into the night. hillary clinton looks to put bernie sanders away once and for all. donald trump looks to add to the growing delegate lead. tonight donald trump and ted cruz join sean hannity. you will not want to miss that. starts at 10:00 eastern right here on the fox news channel. it is decades-old scandal involving hillary clinton even many republicans dare not mention. bernie sanders surrogate, actress rosario dawson, she just went there, invoking monica lewinsky, suggesting that hillary clinton's campaign is using bullying tactics. big blow to tom brady.

sorry patriots fans as appeals court rules the patriots quarterback must serve a four-game suspension in connection with the "deflategate" scandal. judge andrew napolitano can not wait to weigh in.t ♪ or becoming the next highly-unlikely dotcom superstar. and us, we'll be right there with you, helping with the questions you need answered to get your brand new business started. we're legalzoom and we've already partnered with over a million new business owners to do just that. check us out today to see how you can become one of them. legalzoom. legal help is here.

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sandra: fox news alert on a decision in the "deflategate" case. just last hour a federal appeals court ruling new england patriots quarterback tom brady must serve a four-game suspension imposed by the nfl the ruling overturns a decision by lower court judges and sides this time with the league in a battle with the players union. today's decision could end the legal battle over the scandal that led to months of football fans arguing over air pressure and the reputation of one of the league's top teams and quarterbacks t could also fuel a fresh round of debate what role, if any tom brady played in using underinflated footballs. judge, here we are again. >> right. sandra: we're back to the same decision, four-game suspension for tom brady. >> just as baseball season we're starting we're in the middle of football. here is the issue before the appeals court. not did tom brady do what the commissioner said he did, but did the commissioner proper exercise the authority and

discretion given to him under league rules to which tom brady consented and under the collective bargaining agreement which the union negotiated and to which tom brady consented, the court ruled by 2-1, that he did. well within in his discretion to do it. the trial judge whose decision was reversed found the commissioner should have tried this if it were a criminal jury trial and require everything to be proven beyond a reasonable doubt and appellate court said that is not what arbitration is. tom brady agreed to arbitration, league agreed to the arbitration, tom brady agreed to arbitration, as long as there is basis for arbitrator then the decision will be upheld. sandra: to sum that up, eboni, to use your legal expertise, at the end of the day the league decided it was more than probable called on the equipment manager to deflate those footballs to a level that was not allowed bit league? >> yeah, that is exactly right.

following up what the judge was saying, i want to quote one of the circuit judges evidence showed there was ball tampering if not compelling if not overwhelming and there was evidence brady knew about it, consented to it and encouraged it. the destruction of the cell phone. that is really made it worse. >> yes, that made it worse. >> it really supported this theory that brady had something to hide and four-day suspension is punitive. there we go. >> think about this if you were a judge and evidence before you totally in the possession of one of the two sides and that side destroyed the evidence, wouldn't you infer that evidence was harmful to that side and that that person was -- ask. sandra: all along it didn't smell right, right, andrea? andrea: sounds familiar. >> the server in chappaquiddick. andrea: brady and belichick are like the bill and hillary of football. deleting evidence. and judge, eboni, both of you

legal eagles, take law out of it, do you think these guys cheated? knowing the evidence that you have seen so far -- >> a court is saying yes. >> the court is saying that there was enough evidence for roger goodell to conclude that he cheated. the court does not second-guess roger goodell as the trial court did improperly. >> that's right. they felt it was reasonable for goodell, based on evidence, that is why they called them fact finders, based on the evidence there was reasonable conclusion by goodell. he was in scope of his duties. there we go. sandra: harris does this taint the image of nfl? harris: it taints celebrities. if you can do that by all the damage they can get. if you and i had cell phone we would not have possibility to destroy it. we would have to turn it oaf in discovery. this was arbitration. it is a little bit different. it does taint the entire picture what was he hiding with a big question mark. this points to the issue of special treatment. >> yes. harris: we would not be treated

way tom brady. he got so much leeway, not just because he was quarterback but because he was winning quarterback. if you're the baltimore colts, right, is that right if they have moved. >> talking about the other team in the game? yes, yes. harris: if you're them -- >> they haven't been in baltimore in 20 years. harris: but they're still the colts. if you're them, lost that game 45-7 as they did because brady threw three touchdowns are you angry now? what can you do? there is no retroactive anything in terms of punitive damages because the season is over. the championship is over. afc championship game was clearly not fair. >> commissioner argued, ruled he will not change outcome of a game but will punish the guilty. sandra: there you have it. appeals court weighed in. tom brady will serve a four-game suspension. democratic race getting nastier and nastier while bernie sanders surrogate invoking

monica lou kins ski. should sanders condemned the comments? one lawmaker reportedly suggesting that the fbi could leak reports of its investigation into hillary's private email system if the white house tries to interfere. could that happen and what it would mean for the democratic front-runner if it does. right after the show catch more from the couch on the web. join us for "outnumbered overtime." log on to foxnews.com/outnumbered. click on the "overtime" tab. tweet us questions, comments. tell us what topic you want to hear more about. is it politics or the cheater? we'll be right back.

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♪ andrea: democratic race appears to be getting even nastier. bernie sanders facing controversy after his campaign surrogate, actress rosario dawson invoked monica lewinsky,

now an anti-bullying advocate while suggesting hillary clinton is using bullying tactics in her campaign. dawson making remarks while introducing sanders at a rally on saturday. watch. >> you're really fending for ourselves right now. we are literally under attack for not just supporting the other candidate. now i'm with monica lewinsky with this, bullying is bad. [cheering] she is actually dedicated her life now to talking about that. and now, as a campaign strategy, we are being bullied. and somehow that is okay and not talked about with -- that it needs to. andrea: sanders refusing to condemn the remarks, defending dawson's speech yesterday. >> rosario is a great actress and she is doing a great job for us. she has been a passionate fighter to see we increase voter turnout. our job right now is the contrast our views compared to

secretary clinton. that is what a campaign is b what i will be doing in this campaign is an issue oriented way, not by personal attacks but by contrasting our view to secretary clinton. andrea: hillary responded accusing sanders of vitriol while rejecting the idea he should exit the race anytime soon, saying it is good for democracy and the democratic party. judge, dem on dem violence, you know how much i love it. [laughter]. how much does it hurt hillary clinton? it is not just that you have a woman who is famous. >> right. andrea: who i guess hillary would assume be in her corner calling her a bully. invoking monica lewinsky when hillary already having trouble with female democratic voters. we should point out there is a big gender gap between the parties but republican women are paying attention more than democratic, 44 to 30%. >> i think hillary trying to promote herself as champion of

women is bit of a fraud and i starting to recognize that. on other hand this is probably too little too late for senator sanders just like i heard enough about your blanket at this blank emails was. is she the champion of women or will she demean women that stand in her husband's way or want to expose the truth about her husband? is she the champion of honesty? my god, she surely is not. the questions about her honesty are legion. he can argue that but for him to say, i'm issue oriented candidate, yeah mention monica lewinsky all you want, he is talking out of both sides of his mouth. andrea: democratic party should not be called the democratic party. it is not about democracy. it is ginned up for hillary clinton. how does she win the millenial women, same women that gloria steinem and

madeleine albright criticized. >> harken back to 2008 with barack obama's candidacy. overwhelmingly, not every black person in this country, many of us supported him because he represented something we were proud of as to hold out to world as a representation of black excellence. i do not believe many women feel that way about hillary clinton. we do not feel, as exciting as women being commander-in-chief is to us, myself included, she doesn't represent the best of is. not exactly we would want to represent the first opportunity for to us sit in the oval office. andrea: harris, what does she do? harris: this is tricky for hillary clinton. should she be can asked to respond to rosario dawson in any way, shape or form? if there is anytime line or rosario dawson can show at all inkling the campaign was not fair to her, hillary clinton's campaign for the view of supporting bernie sanders it is problematic for hillary clinton. >> right.

harris: we don't know, rosario dawson has been arrested at late for being out at protests and whatever. so i think she got a 50-dollar fine or something like that. she has been out there as an activist. i don't know really her background in terms of evidence, but if she has any that is problematic for hillary. sandra: i love the reaction of the crowd, when the rosario dawson side -- did she just go there? taken off-guard the i about fact here name is brought up. we are talking about whether bernie sanders should condemn the use of her in campaign for bernie sanders? he is encouraging it when he was pressed further in that interview as to whether or not it was okay for monica lewinsky's name to have been used, he said, quote, i have no idea what context rosario was talking about her. and went on, in what other context would you talk about monica lewinsky? >> really quick. i know we have to go.

it was okay for rosario to invoke the name. you know what? minute hillary clinton brought bill clinton on the campaign trail she opened door. the both good and bad on the campaign trail. >> implication that bill and hillary bullied monica. harris: she is pointing to mean girl and not bully. not pointing to anything sexual like that, which is something more universal i would imagine. >> mean girl? [laughter] >> you don't know about it. harris: that and parent trap. andrea: it was very fetch, judge. we'll talk afterwards. questions about whether the fbi can leak reports of its investigation into hillary clinton's private email system. if agency officials believed that the case is being held up by politics. "the des moines register" quoted republican senator chuck grassley, chairman of the senate judiciary committee saying if there is political interference, then i assume that

somebody in the fbi is going to leak these reports and it's either going to have an effect politically or it will lead to prosecution if there is enough evidence. a reporter later asked grassley if he was suggesting that the agency should look the findings. he said, quote, i wouldn't be encouraging it because it's a violation of law. i can't be encouraging a violation of law. meantime clinton's former i.t. guru is still reportedly refusing to meet with congress about the email scandal despite being granted immunity. according to the "associated press" bryan pagliano's lawyer said his client hasn't waived his right under the fifth amendment. judge, it is not illegal to leak these findings. why is grassley weighing in right now? >> it is extremely tell in my view for the chairman of the senate judiciary committee to say effectively the evidence of her guilt is overwhelming and if the justice department does not present it to a grand jury, fbi

agents will begin leaking it. i have really never, i can't think of an instance like this where a leak wag encouraged by a member of the establishment. >> very veiled threat. >> like that. but this happened in connection with bryan pagliano who either got a promise from the justice department that they wouldn't prosecute him or an actual order of immunity from a federal judge. we don't know which it is yet, basically saying to the committee, i will not come and testify. the committee is saying, okay you don't have to testify. here is the significance of that. the fbi does not want bryan pagliano to tell the committee and hence the world and mrs. clinton what he told the fbi. they do not want her to know that at the time that they interview her. harris: they haven't talked to her yet. >> that is the reason they asked him not to testify and they asked the committee to force him to testify. committee is going along with that. >> sorry, harris, normally when we see invocation of fifth amendment after you've been

granted immunity they push on that. they don't normally left you off the hook. there is vested interest of a lot of people to keep integrity of his testimony priority. harris: we know from our fox unit that was investigationing that pagliano would have a lot of answers because he set up the whole system. >> right. harris: he would be your go-to i.t. guy if you will for hillary clinton for her private email server. we knew he would have interesting information the fbi would use. what is interesting to me how much concern there is for politics on this. remember james comey, recently, the director wanted to make it very clear this investigation would be clean. they told the state department, really don't need you looking into this anymore, we got this. >> right. harris: what is going on behind the scenes that is pressing point that politics may be jumping in here? >> the fbi is an investigative agency and it doesn't operate on its own, it doesn't operate in the blind. it operates with a half dozen federal prosecutors. harris: is there pressure for them not to be so independent? >> they're working with

prosecutors from main justice. they and the prosecutors have apparently agreed this evidence should be presented to a grand jury. main justice has not said yes or no. senator grassley is speculating what might happen if they say no. i would take this one step farther. if there is enough evidence to indict and enough evidence to convict, we know from the public record, the public record that there is and white house says no, you will not only see leaks, you will see resignations perhaps jim comey of the fbi himself. president will be saddled with a watergate-like scandal last six months of his presidency, last thing he wanted. how will that resonate with democratic voters. harris: comey said he is in it personally, overseeing the case personally. andrea: judge, you said if the fbi gets frustrated, if the group of agents investigating get frustrated, doj doesn't take action, you said many times it could be leaked. >> i think senator grassley is correct. without encouraging, took the same oath to uphold the law he did but i think they're human

beings and they want to see justice done. andrea: we'll keep eye on the story. president obama announcing more american troops to head to syria to help with the fight against isis. just a week after we learned more soldiers are heading to iraq too. what happened to no boots on the ground? should we be worried about mission creep? up next.

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harris: fox news alert. we want to draw your attention what is about to happen. we're way waiting this in warrick, rhode island. donald trump expected to step up to the lecturn. this is stomach-style rally speech we're told did, stump-style rally speech. this is first time on camera, would see him react, if he does, to the announcement that john kasich and ted cruz are teaming up for at least the foreseeable future to block donald trump in state primaries and contests ahead. we know he tweeted right after. he said, quote, unquote, speaks of desperation what these men are doing. he is doing his delegate game to get to the 1237 he needs or win the first round of balloting at a contested convention, not like four five, six or 19. that is what the other guys are doing. what will he say specifically when he steps up? we saw that yesterday.

this hasn't happened yet. this happened late last night with cruz and kasich. we'll watch it for you here on fox news. we're awaiting this. this is warrick, rhode island. when it happens, we'll bring it to you live. now this, president obama announcing 250 more american troops are heading to syria to help fight the islamic state savages. he says the military personnel is in addition to 50 special operations forces are already there and keep up momentum against the terror group. >> they're not going to be leading the fight on the ground, but, they will be essential in providing the training and assisting local forces that continue to drive isil back. these terrorists will learn same lessons others before them have, your hatred is no match for our nations united in defense of our way of life. harris: talk about timing. the president's announcement comes exactly one week after defense secretary ash carter said they will send 217 additional troops to ira to

assist with trainers there in the fight against isis. one thing my dad always advises my, former military colonel. those boots are people. we effective have put more boots on the ground. >> i don't know by what legal authority he does this. did he invoke the war powers act and send troops for 180 days. harris: why does that matter? >> if he wants to wage a war he needs more than 250 troops and needs a congressional declaration of war which gives him all kinds of legal authority to do what he wants. to sneak in 50 troops here and 250 troops there and announce it after they're there, somehow 300 troops will make a difference against these monsters is not right way to do it constitutionally, legally or militarily. harris: a couple of things we talked about how on the couch you don't send enough you put our men and women in harm's way. we don't know what the number should be. we do know the small units are going in. sometimes we see the u.s. government put in more people when something is actually working.

sandra: as the president backs up again and again these troops will not engage in comb bat operations or targets to kill, are we to base on original thought from the president that we would not see boots on the ground there. now we see these numbers sneaking up or sneaking higher, are we somehow speculate these troops are different way than what he was telling us? >> he originally said no boots on the ground because he was having intelligence forces do a lot of dirty work and when you say boots you usually mean, military war powers resolution only controls the military but if he really believes there is strong national consensus for the american military to defeat isis there and now, he needs a congressional authorization for war. >> right. >> without that there is no national consensus. without the consensus we shouldn't have any troops there. harris: andrea, i want to go to you on the concept of mission creep which what happens when we don't have real strategy. we keep throwing things into the mix.

is this in fact what that could be considering, you know what, we pulled out of iraq and we left a hornet's nest? we didn't enforce the red line with syria when we know they used chemical weapons on their own people. we created a nesting ground for scorpions there. andrea: we left over billion dollars worth of equipment to iraq. we handed it over. now you have isis and other terrorists using it against our own men and other forces in the region. the reason i, the president's doing this now is pause he has made decisions in the past based on politics to ignore the threat of isis. he told us they were jv, not really a threat. he ignored the generals. it points to a larger theme this white house has been making decisions from the oval office with jarrett, susan rice and president obama and not the generals. he hasn't listened to them. we are losing in every theater of war. united states of america and the world has never been in worse shape despite what president obama pushed intel officers to scrub and change the intel on.

>> right. harris: andrea: now, not even that he wants to do it, he has to do it because it has become so dangerous. so he is saying they will be advisors? this is so incremental but it isn't going to be enough to defeat isis this is box checking activity for cya. harris: scru information, clearly now more than ever we need to know what is in that information from those analyst who is say they have been forced to change their narrative. >> real quickly, you're right, andrea, the president ran on a promise to get us out of iraq. that is why a lot of democrats supported him over hillary clinton. to make good on the promise he acted really fast without the proper intelligence, now that he is getting right intelligence we're seeing trickle back, to some of the places if he had been slow and right, versus fast and not so right we wouldn't be in this situation. harris: we'll no doubt continue to talk about this as it makes news. controversy at the 911 memorial after a middle school choir is ordered to stop singing the national anthem because they

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first let's go to our friend jon scott with what is coming up in second hour of "happening now." >> we're awaiting rally from republican front-runner donald trump scheduled for a few minutes in rhode island. mr. trump looking for clean sweep of suddenly very important primaries in the east. as john kasich and ted cruz appear to be coordinating campaign appearances in an effort to prevent trump from winning battle for delegate. we'll see if trump addresses that shortly. >> hillary clinton meanwhile, excuse me, is holding a rally in wilmington, delaware, this morning. she is hoping for a sweep in tomorrow's primaries and trying to pivot to a campaign against donald trump however bernie sanders is not making task easy for her. more on that. big news from the world of sports. tom brady's four-game suspension from the ntl has been reinstated by an appeals court. sportscaster jim gray joins us for analysis. all ahead, "happening now." see ya.

harris: thank you, jon. >> school required to stop their rendition of the national anthem at the 9/11 memorial last week because they didn't have permit. one guard gave them okay at first. we have a video of security halting the kids performance halfway through the song. watch this. ♪ the bombs bursting in air -- >> [inaudible]. i'm sorry. [inaudible] >> museum later said the situation was mishandled. later on "fox & friends," some choir members asked how they felt when the guards shut them down. >> i was embarrassed first of all. i felt like i was doing something wrong by singing there. i didn't really understand. we were quite confused bit. >> that is so sad to hear, judge. you have to ask, really deferring to your legal expertise here, rules are rules.

there was a requirement to have a permit. but is this just too far? is this going beyond the pale? >> we're talk about public property. it is owned by the government. we're talking about a public space. a space can anybody walk on to. this is not interior of muse july where the singing might affect people appreciating what is in the museum this is public park around the museum. it is quintessentially a public place. you have the right to say, sing, dance, speak, shout whatever you want out there and you don't he need the government's permission. i think what the guards did was reprehensible, particularly since they were young people. particularly since they were expressing something that is not only inoffensives, essentially what that space is about. >> i agree. harris, you lost a uncle in 9/11? >> my uncle eddie in 9/11, from the plane at pentagon. we have emin moral in d.c. we live in new york. this is one my family and i visit. there is often silence.

enormity of great water falls going into the earth are very moving. to hear the francis scott key anthem would actually soothe the soul. to break that loneliness and hat break you feel, even if you didn't lose somebody that you know on that day. you lost americans on that day. i'm really troubled by the message that sends to some kids. some are close to age of my oldest in third grade. i'm concerned about the confusing message that is sends about our patriotism in this country and what we lost that day. mostly the facts don't match up. apparently this guard told them they could do it and something changed. >> different guard gave them okay to sing. the other guard came over. that is where, harris, good point, i was left wondering did the guard walk oversee a group collecting and singing and not realize they were singing the national anthem? >> right. sandra: judge that leaves it up to the discretion of security guard. if it hadn't been the national anthem he would use discretion to determine if it was okay. >> all public speech on public property, that is not

interfering with the otherwise, other use of the property is acceptable whether it is national anthem or it is go bern baby bern. >> permit requirement what is that about? andrea: you need a permit to breathe in new york nowadays. ask anyone to start a business or buy a soda 33 or 32 ounces you will get in trouble. it is inner in russ and insane. i've seen people singing crazy songs all over in this city in drag. this is shameful this is what gets -- harris: we'll be right back. dr. dr. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you. her long day as anne. hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks.

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ask your doctor about it by name. harris: judge napolitano was here to talk tom brady breaking news. we were glad you were. thanks for being here. back here tomorrow at noon eastern. "happening now" now. to be at his event since learning that his two rivals are teaming up to stop him. >> and president obama decides to step up the fight against isis, sending more u.s. troops to syria what is behind the move. >> is that yelling? >> chilling video sparks a fire storm over what should