we're back to our friend brian killed me and i will see you later tonight on o'reilly. >> i thought whatever rollins said was interesting.the party officials have been delegates for decades and people come out of nowhere. who are they? our coverage continues. bye-bye.martha: by everybody. jon: of fox news alerts, we are awaiting a major foreign policy speech from the republican front-runner donald trump. expected to take place at the mayflower hotel just down the street from the white house in washington dc. up to this point, mister trump has rescued prewritten speeches and the use of teleprompters.apparently he will change that today. we will find out what he thinks about things like isis, relations with israel, russia and other nations around the world. a major foreign policy speech from donald trump. we will have it live when he

steps up to the microphone. jon: in the meantime, donald trump and hillary clinton crushing the competition at last night's northeastern primary. the two front-runners closer now to clinching their party'snomination. welcome to happening now, i'm jon scott . heather: i'm heather now or to come in for jenna lee. great to be back. lots of politics going on. trump sweeping all five states by wide margins in the battle for the east and mid atlantic. clinton taking 405 contest with bernie sanders, coming out ahead in the rhode island i married. it was anopen primary so independents could vote there but so far, no one giving up the fight yet . >> we are going to have our country back. were going to make america great again and i want to tell you for the five states, i am so honored.this was to be our biggestnight . >> with your help were going to come back tophiladelphia

for the democratic national convention . [applause] with the most votes and the most pledged delegates. >> i've got good news for you, tonight this campaign moves back to more favorable terrain. >> the fight that we are waging is not an easy fight. you are the revolutionaries. [applause] jon: let's talk about it now with a couple political experts, jury weinstein, editor of the daily caller, jackie kucinich is day editor for the daily beast. jackie, to you first. anything surprising about last night's numbers? >> i think the margins by

which trump one were surprising. much like they were in new york, he hit it out of the park here. which he neededto do in order to go steaming into indiana which is arguably sort of where everything comes down for republicans. ted cruz has been there, he was there last night and it's all coming back to the hoosier state at this point . jon: ted cruz and the never trump movement are hanging on by their fingernails at this point it would seem. >> yes, it was tuesday night for the never trump movement was soaked in whiskey i think . it was not a happy night. trump exceeded expectations, even the loftiest expectations people have for him last night because people expected him to win, just not win as big as he did and it all comes down as jackie says to indiana. this is armageddon for this nevertrump movement. they either stop donald trump in indiana or he will not be stop on the way to the nomination so all the focus of the republican party and of the country will be in indiana next week because that's where it's all heading . you either stop donald trump here or you don't stop them at all.

jon: i went to take a look at exitpolling and what voters who cast ballots yesterday said they were worried about. in pennsylvania, republicans say they are very worried about the economy , two thirds of them, 66 percent voted for donald trump. then 22 for crews and 10 percent for kasich. been among voters who think wall street hurt the us economy, and across three of the states that's about four in 10 voters, donald trump dominated, 59 percent in cleveland, i'm sorry in connecticut. 64 percent in maryland. 67 percent in pennsylvania. and one more thing. if it comes to a contested convention, republicans say the party should nominate the candidate who won the most votes in the primaries. connecticut voters, 66 percent said if you get the most votes, even if you don't have 1237 you should go on to win the nomination. 67 percent in maryland and seven out of 10 said so in pennsylvania. jackie, that bodes well for donald trump even if he

doesn't get to that magic number. >> it certainly does. however, this is a popular opinion sort of thing. this is the rnc rules. what this does is this is going to maketheir lives harder moving into cleveland if donald trump does fall short by either a couple or a couple hundred delegates . they aregoing to have , once you are talking about the rules and the process you lose people so they're going to have a toughsell going to this convention but it's their ballgame and he's playing it . jon: i was surprised jamie, frankly at that wall street hurt the economy and the percentage of those people who voted for donald trump. in connecticut, 59 percent of those who think wall street hurts the economy voted for donald trump. doesn't he sort of identified with new york and big business? >> he's kind of like the traitor to your class candidate .

he comes from new york but he regularly rails against wall street. he's a populist so he speaks to this message that the game is rigged. not only the republican system is rigged, but the game is ready for ordinary americans so he is kind of almost a bernie sanders type figure when it comes to this wall street. he claims they only do bad things so i can understand why those who think wall street is bad for the economy are voting for donald trump because he's portrayed himself as the insider who can turn this game around, this raid game of the economy which he claims around the one i understand that polling. were going to find out in a few minutes what you think about foreign policy but last night the one thing he saidis that he can unite the party. jackie, listen to this . >> i consider myself a presumptive nominee. [applause] senator cruz and governor kasich should get out. they have no path to victory.

we should heal the republican party and i'm a unifier. i unify people. that's how i did it in business. we will have people that are backing this party and this candidacy that you folks will not even believe. were going to have such unity . jon: were going to have such unity, are you i'm a unifier. a few months ago there was a huge percentage of the party that said they could never consider voting for donald trump. that number, jackie, has trump is he right? >> i will believe it when i see it at this point. i think he have a lot to prove to a lot of these establishment republicans who don't believe he actually presented a lot of substance. perhaps this afternoon we will start to move this way but the people that support him support him very strongly and think he can win and hopefully they can pull some of these folks that are a

little more skeptical over eventually. jon: is there any chance jamie stopping donald trump? >> there is a chance. it's not over yet. the donald is in the icu but they haven't pulled the plug. if ted cruz can win in indiana then when some of these states is expected to but then he have to come close to donald trump at least in the delegate count in california.if he does that: including all the unbound delegates that will likely go more for ted cruz he can stop donald trump from getting 1237 and then they can go to a second ballot where takers has achance but that path has narrowed after last night. it's not an impossible path . jon: what about on the democratic side, jackie? bernie sanders on one step state but if the state allowed independents to vote. doesn't that say something to the larger party question mark. >> i don't know. it seems like this race is sort of over four bernie sanders if you look just at the map. he is intending to go all the way to the convention but you

are starting to hear more movement argument for bernie sanders rather than talking about winning and you have to imagine he's going to fight tooth and nail to get his pitch into the democratic platform so it has more residence even beyond the bernie sanders campaign. jon: jackie kucinich, jamie weinstein, interesting times. thank you both. >> thank you. heather: on the democratic side the race moves to indiana. on may 3 with 83rd 83 delegates at stake thanthey had to west virginia on the 10th with 29 delegates. our political correspondent mike in any well is live in huntington, west virginia with the latest and look ahead at those important races. highlight . reporter: good morning. while there are still more primaries ahead, hillary clinton is trying to shift focus to november and the general election. celebrating winning or out of five primaries last night, a big night for her as she gets

closer to the democratic nomination. in philadelphia, clinton noted that is where the party will hold its convention and clinton took this swipe at her possible opponent in the fall now, the other day mister trump accused me of playing the quote, woman card. well, if fighting for women's healthcare and paid family leave and equalpay is playing the woman card then deal me in . [applause] reporter: bernie sanders rallied an estimated 6500 supporters, a very vocal group in west virginia last night. he did not mention clinton as much as he usually does , choosing to contrast rather than attacker as much but sanders is encouraging his supporters to think outside the box at this stage. >> not only are we winning the overwhelming majority of democratic votes but we are winning independent votes and

some republican votes. in a general election, everyone, democrats, independents, republican, has the right to vote for president. reporter: early voting starts today in west virginia so bernie sanders will travel from here to indiana and do several rallies in college towns. heather: early voting starts today in that state. great to see you as always. jon: we are awaiting the sentencing of the former speaker of the house, dennis astor. the former republican congressman pled guilty to breaking federal banking laws in a hush money scheme to cover up allegations that he sexually abused students when he was a teacher and coach. mike tobin, live from the courthouse in chicago. reporter: john, the former speaker now seated at the defense table in a wheelchair

ready to receive his sentence. he arrived at the federal building in chicago just after 7 am local time. assisted this time by a wheelchair. it's been noted in court papers the former speaker has had significant health problems since the public disclosure of allegations that he abusedchildren decades ago when he was a wrestling coach and teacher at yorkville high. since he was charged with lying to the fbi and illegally structuring cash withdrawals as hot hush money to cover the allegation abuses . now the defense is asking for no more than probation for the former speaker in light of his advanced age, in light of the plea agreement and apparently declining health. the prosecution has agreed to ask for more no more than six months. however thomas durkin does have the leeway to sentence the former speaker to a greater period of time and aggravating factors fact that apparently the former speaker has still been lying to investigators throughout this process after he was charged,

after the plea agreement. that's an aggravating factor. the abuse allegations, he's not charged with that but the abuse will be an aggravating factor. the court will hear testimony from a formerwrestler at yorkville high allegedly abused by hester. also the sister of the former equipment manager , allegedly abused by has to. in a short time we are going to hear what judge thomas durkindecide for this one man , two heartbeats away from the presidency at one time. jon: on a development. mike, thank you. heather: gruesome discovery near the site of the manson family murders. please just identified one of their victims almost 50 years later. plus, donald trump about to give a majorforeign policy speech. down there in washington dc. we are keeping an eye on this and will bring it to live as we get.

we want to hear from you. what is your take on the results of last night primaries? our live chat up and running. go to foxnews.com/happeningnow . we will be right back. >> zulu-6-9er...

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jon: time now for a check crime stories we are keeping an eye on. a former police officer arrested after confessing to shooting and killing his wife. jeffrey hawkins called 911 saying his wife", just taking money out of our bank account and that he shot her multiple times with a 40 caliber handgun. a kentucky my interested in the death of his wife pleads not guilty. 29-year-old joseph jones is accused of killing his wife, hiding her body in all well and then dropping off their nine-year-old son and family members home before attempting to go on the run. he was arrested by police. los angeles police have identified the body of a woman found near the site of the manson family killings. the 19-year-old woman from montrcal was identified through dna from her sisters . she was stabbed 150 times in 1969. police they they are trying to determine whether any manson family members were involved in her murder.

heather: a fox news alert. donald trump is set to deliver a major or in policy speech justice for short time from now in washington dc and we are keeping an eye on the podium and will bring that to you as we get. this is his first foreign policy speech since he spoke before a pack that's a pro-israel group. trump passing our country needs to change. listen. >> we need good thinking, we need a lot better thinking because this is ridiculous what's going on for so many years is ridiculous and whether we like it or not, there are people out there that haven't had a claim but maybe i like their ideas better. we have combinations of both. . i'll now save later but we, nations of both andthey're very good people . everybody's a good person but some ideas just haven't been working. heather: that's live at the tower hotel in washington and that's where trump will develop them deliver that speech. what are we expecting out of the speech?

reporter: this is an unusual setting for the trump campaign. a small ballroominside the mayflower hotel , only 130 seats. the campaign billing it as a major foreign policyaddress and it will receive assistance of a teleprompter it appears . the campaign has floated it as something where he will discuss trade, immigration and security. the campaign has promised a more substantive campaign even as that candidate has defied that on the campaign trail. he has quoted a number of controversial policies including withdrawing us forces from international commitments around the world, requiring us allies to pay more for us assistance, even suggesting that south korea and japan should have nuclear weapons to defend themselves and requiring mexico to build a border wall with the united

states and having them pay for it. he is now focusing on the general election, particularly after his victories yesterday and is criticizing hillary clinton. >> you look at what she did with syria, look at what she's done in so many different ways. she will not be a good president. shedoesn't have the strength, she doesn't have the stamina . reporter: speaking of hillary clinton, i have this speech ted cruz has been knocking trumps foreign policies, comparing him to hillary clinton. >> donald trump and hillary clinton also both agree that the uranian nuclear deal should stay in place. that is a profoundly dangerous left wing position of donaldtrump. anyone who thinks that does not understand the nature of the ayatollah coming . reporter: trump has repeatedly criticized that deal, says he wants to read negotiate. the hillary clinton campaign just released a press characterization of donald trump's foreign policy positions ahead of the speech, calling them reckless . again, the top of the hour in washington dc.

back to you. heather: thank you. jon: a major discovery to tell you about the maritime tragedy. a sunken freighter's data recorder out of the bottom of the ocean. how they found it nearly 3 miles underwater and what investigators can learn from it. plus, a judge in louisiana just sentencing real estate air robert durst on a weapons charge. will he also go to trial or murder in los angeles?

[ cheering ] thank you! thank you! what a week! we sat down, we kicked back, and we watched tv! [ cheering ] this win is just the beginning! it doesn't end here. because your laundry can wait! keep those sweatpants on! order another pizza! and watch on! [ cheering ] don't wait a whole year for xfinity watchathon week to return. upgrade now to add the premium channel of your choice so you can keep watching. call or go online today. we are a few minutes away from what is said to be a major foreign policy speech in washington dc. just a couple blocks from the

white house. mayflower hotel is the setting, a relatively small room for the republican front-runner, donald trump. he will be making that speech within the hour, we expect. obviously the entire world is waiting to hear what he says about the us and its foreign involvements right now. when mister trump takes to the podium, we will take you back there live area jon: meantime, search crews have located the data recorder from the ill-fated el faro. the freighter sank after sailing into a powerful hurricane. searchers found the device on the ocean floor using a remote control underwater vehicle. el faro's rec lies in nearly 3 miles of water near the bahamas. investigators are trying to figure out how to recover the recorder from such a death. all 33 crew members on board perished when the el faro lost power in the middle of hurricane walking and went to the bottom. heather: breaking news, robert durst will send over seven years in prison after a

federal judge in louisiana approved his plea bargain agreement on a weapons charge. the real estate air and murder suspect made that deal with prosecutors back in february but robert durst still charged with murder in california and the death of his friend susan berman, allegedly to keep her from talking about the disappearance of his first wife. during production of the hbo documentary called the jinx, robert durst was captured on audio muttering what did i do? of course i killed them all. fox news analyst greg jarrett is here. greg, hi. love your expertise. tell us why you think the judge approved that plea deal . >> it was favorable to prosecutors and the government because the high and for being a convicted ellen with a gun is 10 years so seven years and a month is on the high-end. i'm surethe judge said this is fair, this is reasonable . prosecutors wanted. heather: and the judge in louisiana recognizes their case against him in

california and that's a bigger case because it involves murder . reporter: durst has waived extradition.his attorneys are allowing him to go to los angeles to face the murder case but they wanted a recommendation from e federal judge in louisiana that durst be incarcerated it in what's known as terminal island prison in la harbor, it's not really an island known as club fed. low security, nonviolent criminals, al capone was there for a while.i needed day, the jazz singer, tim timothy lee. i've been there. if you have to go to the big house, that's a good one to go to. heather: you think the judge will prove that? >> it's unclear. in the end, it doesn't matter. it's up to la authorities. even if the judge recommended, it's not binding on los angelesthe seventh woodstock application california. how serious is it in the death quest mark . reporter: the motive here is that durst killed berman to

keep her from telling prosecutors in new york that durst killed his first wife in 1982 and a key piece of evidence in the firm in los angeles murder case is a letter the killer sent to the beverly hills police telling them where the body of berman was and he misspelled beverly. there you see, that's on the top letter. the bottom letter is a letter that durst sent to berman that was more recently discovered again. beverly is misspelled and durst is confronted with the two letters by hbo filmmakers in the jinx and the look on his face is enough to convict him. he could not distinguish the killers writing from his own. heather: you can take anything away necessarily from the look on somebody's face. reporter: that is probably inadmissible, look on his face. heather: but what about the audio recording. ? he went to the bathroom had muttered into the tape. what does that mean to the case for mark. reporter: is highly incriminating and let's take

a listen to part of it. here it is. >> of course i killed them all. of course. reporter: it is hearsay. heather: why is that hearsay? he said it himself. reporter: at an out-of-court statement offered to prove the truth so you can't do that but there are two dozen exceptions to the hearsay rule. one of them is a confession is called an admission against interest. is believed to be reliable and credible because people don't normally incriminate themselves. it would be admissible except for that last part. killed them all, of course that refers to multiple killings, multiple murders. that's inadmissible unless prosecutors can demonstrate a pattern of conduct. that's hard to do. my guess is that entire videotape will never see the light of day inside a court of law. heather: fascinating, greg jarrett thanks so much. john, let's head back to you. jon: bernie sanders took it

on the chin you might say last night so will the vermont senator power forward or will he cede the stage and the nomination process to hillary clinton as she closes in on clinching the democratic nomination. plus, we are awaiting a decision from the federal reserve on interest rates as we watch the markets. the dow now down 20 points. >>

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jon: you want to know what donald trump thinks about china's adventures in the south china sea or russia's relations with ukraine at crimea? we may find out a little bit, a few minutes from now when he takes to the podium at the mayflower hotel a few blocks down the street from the white house. it was being billed as a major foreign policy address from the republican front-runner coming up within the hour . we understand it is a prewritten speech. he will be using a teleprompter which thus far he has not done this campaign season. donald trump talking foreign relations. he did do it i should say at his address to aipac, the israeli american israeli political action committee. we will hear more from donald trump within the hour. stay tuned, we will keep it here.

heather: foxbusiness alerts. we are watching the markets as earnings reports come in now. the dow responding to disappointments from corporate america. among those, apple missed its earnings , to pull day down 30 percent. we are looking at down 11 points, the volume is 17,000, almost 18,000. this coming ahead of the news from the federal reserve on interest rates. lauren is with us from our sister network, the foxbusiness network. what are we looking at potentially with that? >> the fed meeting wrapped up at 2 pm. we will get a statement from the federal reserve policymakers. we like to look for all the clues about when they will hike interest rates. most economists will tell that you that's going to happen in june. stocks are down but not down as much as they had been earlier. the market is taking a hit however from apple. shares down five or six percent. the iphone giant is such a widely held stock that it has outside influence on the stock market overall.

said its revenue fell for the first time in 13 years. simply because it's selling fewer iphones. the latest phone isn't too much different from its predecessors. apple declined today severe, it's wiping out about $40 billion of market capital in the company, that's four times the size of twitter. the company also disappointing investors with its quarterly revenue. brands are not seeing good reason to spend money on those promoted to the that you often see in your timeline and twitter is having difficulty proving its services useful for people aside from politicians, journalists and celebrities. however, twitter did add more users in the quarter, that was a positive. boeing shares are gaining today. the playmaker says its revenue was boosted by military orders so investors have so much to dig into. all of this, everything might change when the discourse

changes at 2 pm eastern. the federal reserve releasing a statement on interest rates then. most economists are digging a hike at the next meeting in june. that would push the interest to pay on your credit card, car loan, etc. so they told us we are going to have to rate hikes this year. wewill see on the first one is . heather: some people say we could use that. lauren, great to see you as always. [cheering] >> as of today we have now on 16 primaries and caucuses all over this country. [applause] and with your help, we are going to win here in west virginia. [applause] jon: bernie sanders and his boys are still hanging in there after he lost four out of five primaries last night.

he is looking now i head to indiana and the contest in west virginia two weeks from now. he plans to stay in the race until the bitter end, saying in a statement quote, the people in every state in this country should have the right to determine who they want as president and what the agenda of the democratic party should be. that's why we are in this race until the last vote is cast . rick under his democratic strategist, senior political contributor@forbes.com and cohost of steel and under unserious xm. david webb, post of the david webb show on sirius xm and a fox news contributor. rick, should he stay in? would democrats like to see bernie get out of the race and make way for the coronation of hillary clinton? >> it would make it cleaner and all but there's no way he's going to drop out nor should he. bernie's got one thing going that people in his position half. he still has a lot of money. and that allows him to stay in the race to have his impact on the platform at the convention.

jon: that's coming from small contributors. >> it is. typically when somebody has lost as he basically has, they don't have money on left in the treasure chest. he does. he can afford to go all the way, afford to compete. he's not going to win but he is going to have something to say about the platform and he's going to get some good speaking time. jon: what's he going to do to hillary clinton in the meantime? >> in the meantime she has to run to her left to protect against bernie. the party itself has generally moved to the left since obama was in office. bernie has become the leader of the movement. he's no longer just a senator or presidential candidate. he's the leader of the movement so it's in his interest to go to the convention to continue to influence the platform. hillary's problem is if she goes too far left with him she's going to have to pay that back to the center to win the general election. >> he will be the leader of that movement coming out of the election. he will have been the founder of it.

elizabeth warren will be the successor. >> bernie is up there in years but if this movement were actually to take hold in america, the policies he advocates for, he wouldn't live long enough to see them fail. they failed everywhere it's been tried . it doesn't work. jon: he is not even officially a member of the democratic party. >> no he's not, isn't that interesting question mark he is an independent. he's probably a registered democrat now and he is committed he willremain such but as david says, that's probably not a particularly long-term proposition . jon: is got beginning the clinton campaign fits. they can go to the convention knowing that it's solidly in their grasp but at the same time, everything he says that's critical of hillary or her policies must be driving her campaign people nuts. >> according to the latest reports, insiders have been trying to get him to pull it back because they don't want to much damage done to her. bernie knows he's not going to be the nominee but he's running the movement. he's leading this movement and hillary have to play defense at the same time she began to pivot after last night. he won in rhode island, she went before states. just like donald trump on the other side presents himself as the presumptive nominee

but it's a different victory on that side. >> at this point though they both need to pull back. hillary have to pull back her attacks on bernie if she wants to begin the process of getting his supporters to come over and that's not going to be an easy job. bernie needs to pull back if you want to retain this influence he's built for himself out of nowhere in the democratic party. jon: is said that one of the things that is sort of working against her as she tries to swat him out of this race is the fact that in 2008 , she stayed in against the barack obama long after it was clear that the nomination was his. >> it's a different time now. bernie is no barack and she has a different opponent. she's got superdelegates. she's got the path. that's how the democrats are set up.bernie's best hope is to present himself as an alternative and to lead his movement into the parties convention and make a big

splash in philadelphia. you saw her last night in philadelphia, john. she's essentially saying i'm here inphiladelphia. i won four big states. yes, bernie sanders got rhode island but i will be back for the nomination to accept it in july . jon: rick, polls say donald trump right now could never be hillary clinton. do you worry about those polls? >> i actually don't bother worrying about them. i choose not to believe them. i've been wrong about donald trump like everybody else. therefore iam not going to go with conventional wisdom and i'm not going to assume he can't win in november. jon: while . >> i will except that rick's been wrong from the very start. [laughter] political gravity is upside down john, it really is and no one knows what the street fights, if it were trump versus hillary would look like but watch indiana and what senator cruz and kasich do. they have little to no chance of stopping him by the numbers but anything's possible the one we will see what donald trump has to say when he makes that foreign-policyaddress . >> is going to be interesting. >> you think he learned how to spell? i'm sorry.

jon: rick unger, david webb. thank you both. heather? heather: a man breaks into private property and now heis suing . the homeowner for shooting him. the question we are asking our legal panel. does he have a case question mark we will tell you about that. >> you don't ordinarily expect that someone that burglarizes your home to turn around and sue you for damages. >> (stranger) good mornin'! ♪ (store p.a.) attention shoppers, there's a lost couple in the men's department. (vo) there's a great big un-khaki world out there. explore it in a subaru crosstrek. love. it's what makes a subaru, a subaru.

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heather: a homeowner in the state of indiana is now being sued by a man who tried to break into his garage. police say the homeowner, david mclachlan opened fire on david bailey as he tried to run away from his property. a bullet from mclachlan's gun it bailey in the left arm as he ran down an alleyway. now bailey is suing mclachlan for damages due to pain and suffering.

nice do well there is a criminal defense attorney and bob bianchi is a criminal defense attorney, former head prosecutor and trial attorney. iq so much. this is a fascinating case. let's get a couple things clear. the man who brought a burglarizes the garage was running away from the homeowner at the time and at the time he was shot, he was not on private property. he was in an alleyway. how does that factor into this case? >> he suing him in civil court correct? so at this point the jury will have to decide whether the deadly threat, the deadly force used was appropriate in the case. when you use deadly threat or deadly force youhave to to repel an attack of some sort. the threat at that point , this intruder if the facts with what he is saying was running away from the house. it was in an alley off his property, all the homeowner's property so at this point the deadly force was not reasonable to neutralize the threat.

there was no threat to the would probably be arguing this in a civil suit to prove damages that he was shot in the arm. it went through an artery. he's going to have to prove that he sustained permanent damage because of this and he's also probably going to use the homeowners deeply in the criminal negligence or recklessness that he pled guilty to . that's going to help. heather: the homeowner admitted that he did shoot him. when you look at this case i'm sure people are looking thinking wait a minute, how is this possible that the homeowner is getting sued by the burglar and the burglar confessed to trying to burglarize him? what lawyers have to understand is the term jury nullification. this guy hasbeen perfectly law-abiding citizen. he had a great job. heather: you are referring to the homeowner . >> theintruder coming in does not have clean hands . >> it's his property, exactly and he is startled, he goes out there, he fired those shots and under the criminal

law technically committed a violation but i cannot see jurors are going to look at the situation and say if i were in the situation i may have made that mistake. i think the civil case is not a good case at all. >> you're giving the presumption harbor that someone comes into your home uninvited at night that the homeowner has a reasonable fear for his life.however, you don't get that presumption when the individual is outside your home off your property. heather: we are taking a look at the pictures and it's difficult to see but it appears the garage is somewhat separated from the house. does that make a difference? >> we are talking about the difference between law and the reality of a courtroom. as a prosecutor i've had situations similar to this and you can't help but have a feeling of sympathy for these individuals. i don't even think this guy should have been prosecuted and if i feel that way as a guy who used to make these decisions i have a feeling they're going to have a hard time in front of the jury. technical violation yes. he was committing a crime and

the other guy was defending his property. i don't think he makes a sympathetic person. >> on the other hand, it's not as though the burglar was on top of this man coming in his direction. he was in the garage and then ran away. and then shot in the back of the arm as he was fleeing in an alleyway. how is that factoring? >> he could've been shooting aimlessly according to the facts. the homeowner was shooting at night in an alleyway. who knows who he could've hurt? as a prosecutor i would have prosecuted this man because you could have heard someone else. >> i had those cases but the fact of the matter is no one else was her. there's no question technically you violated the law by firing rounds down an alleyway when the guy was no longer a threat but i think sometimes you have to use the rule of reason and understand the circumstances and you know aswell as i do prosecutors have wide

discretion not to prosecute cases when people have committed crimes . heather: great today. i think a lot of folks will see both sides to the issue. thank you so much for joining us. jon: there's also the rule of male adrenaline. heather: i think that's a technical term, right? jon: i've been there. the supreme court hearing corruption case involving virginia governor bob mcdonnell. why his appeal could test the limits of the nations bribery law. p?p?h

jon: outnumbered coming up at the top of the hour. sandra and here is, what do you have? >> we are awaiting donald trump's major foreign policy address to happen at the top of the hour. his campaign saying it will outline his positions and what he thinks needs to change. >> plus ted cruz also making an announcement later today amid reports he may name is pick for vice president. and a follow-up on a story we brought you yesterday. the state department against siding administrative error in the hillary clinton email

serverscandal . now questions about whether or why higher ups would failed to turn over a key email all that plus our hashtag one lucky guy. outnumbered happening at the top of the hour. please join us. jon: kind of interesting stuff ahead. heather: the supreme court hearing oral arguments today in the appeal of former virginia governor bob mcdonald can drop corruption conviction for accepting gifts and loans in exchange for promoting a business associate company. shannon breen is live for us following the story in washington. reporter: i just stepped out of the ordinance today and this is what they were about. former virginia governor bob mcdonald accused of offering access to a donor who gave him and his family and number of gifts and wanted help getting official testing for a product he wanted the fda to approve. wanted virginia university to

do that. mcdonnell convicted of numerous counts of fraud tied to that case but his defense argued he didn't take quote, official action as intended by the law. he did set up introductions to parties and dinners but he didn't ever officially asked the state to undertake that testing that has wealthy donor wanted to get. a number of justices today team to struggle, saying these kind of relationships go on on the hill all the time for lawmakers at the state and local level. you have lunch with somebody, send a letter and they wonder where you could draw the line. justice stephen breyer had a conversation about separation of powers. he felt like this is the department of justice, all kinds of power and hesaid overzealous prosecutors use big statutes to go after people. he seemed concerned as to a number of other justices as to how this could play out and where you draw the line . here's what governor mcdonald said when he stepped out of court. >> i want to say that for the last 39 months and never during any time in my 38 years of public service have i ever done anything that

would abuse the powers of my office. heather: we will now await, a decision due by the end of june. heather: shannon, thank you so much. we willbe right back as we watch for donald trump's foreign policy speech out of washington . >> if you're approaching 65, now's the time to get your ducks in a row. to learn about medicare, and the options you have. you see, medicare doesn't cover everything - only about 80% of your part b medical expenses. the rest is up to you. . . . .

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>> trump on foreign policy in a bit. we'll see you back here in an hour. "outnumbered" starts right now. harris: fox news alert. in our nation's capitol we're awaiting a major foreign policy speech from gop presidential candidate donald trump. follows a big delegate grab in five northeastern states last night. he won all of them. this is "outnumbered." i'm harris faulkner. here today, sandra smith. cohost of "after the bell" on fox business, melissa francis. jedediah bila on the couch. today's #oneluckyguy republican strategist and campaign veteran tony sayegh is outnumbered. he saud in the green room. this is day for all your expertise. i can't wait. >> thanks, harris for having me back. harris: as we awt