never miss an episode of "the five." "special report" is next. this is a fox news alert. tonight new fox polls. welcome to washington, i'm bret baier. it's good news/bad news for hillary clinton. the good news for her -- she's now leading in the general election match-up against presumptive nominee donald trump. who is down six points to 39% from a high of 45% last month. the bad news for secretary clinton is that when asked, 60% of voters believe she's lying about her emails. when you break down those numbers, not only do 90% of republicans think she's being untruthful. 64% of independents and 35% of democrats also believe she's deceiving the public. about the emails.

despite the poll numbers, still being under federal investigation, president obama officially endorsed hillary clinton today. even as bernie sanders continues to say he will not quit. the president met with sanders at the white house earlier and released a short video playing off clinton's campaign slogan, saying he's with her. we have fox team coverage. mike emanuel has all the details of sanders' busy day in d.c. but we begin with chief washington correspondent james rosen at the white house tonight. the scrutiny over the president's endorsement amid a federal probe of state department emails. >> good evening in the grand sweep of american history. you could say that today's big awe nounsment by president obama represents a passing of the torch to a previous generation. eight years after they battled for the democratic nomination in a few hours before she clinched it this time around, president obama endorsed hillary clinton.

in a three-minute video recorded tuesday and released today on twitter and the campaign website. >> i don't think there's ever been someone so qualified to hold this office. she's got the courage, the compassion, and the heart to get the job done. >> video appeared little more than an hour after clinton's rival, senator bernie sanders, finished a private session with the president in the oval office and sketched out for reporters a vision of american economy starkly at odds with the record mr. obama touts. >> we will continue doing everything that we can to oppose the drift which currently exists toward an oligarchic form of society where a handful of billionaires exercise enormous power over our political, economic and normal life. >> the white house announced the preds will campaign with clinton on wednesday in wisconsin. "new york times" reporter mark

handler is the author of "alter egos: hillary clinton, barack obama and the twilight struggle over american power." >> the interesting thing to watch over the next few months is whether she puts a little daylight between herself and the president. on some of the areas, syria, libya, places where there were differences between them during the first term when she served as his secretary of state. >> never before has a president endorsed someone under investigation by the department of justice. but the white house sees no conflict of interest. >> james? >> so when a career prosecutor or an fbi agent who is working on the clinton investigation hears this president speak openly of how he wants hillary clinton to succeed him, you don't think that that career prosecutor or that fbi agent takes that as some indication of how the president wants to see this case resolved? >> he knows the people who are conducting the investigation. aren't going to be swayed by any sort of political interference. >> and perhaps by coincidence, but as if on cue, attorney general loretta lynch arrived

here at the white house within minutes of those comments for her own private session with president obama. >> james rosen, live on the north lawn. more on this with the panel. as hillary clinton focuses on november, there's one problem -- bernie sanders still won't go away. sanders vowed today to stay in the race. this after he zipped around our nation's capital today. first to the white house, then to the capitol before meeting with joe biden at the vice president's residence and tonight he holds a rally in southeast d.c. so could his willingness to hold on despite a lack of delegates spell trouble for the democratic party? senior political correspondent mike emanuel with more on the democratic divide. >> after 25 years as a political outsider in washington, bernie sanders finally received something sources say he has craved, respect. sanders was welcomed to the white house by president obama for a private meeting in the oval office. the first of many high-profile meetings with prominent

democrats, even though his path to the presidency is all but closed, sanders wants to make his mark on the democratic party's agenda. >> we should not be having many of our young people leaving college deeply in debt. we should not be having in this great country an infrastructure which is crumbling when we have millions of workers prepared to rebuild that infrastructure. sanders has caucused with democrats as a self-proclaimed democratic socialist, he hasn't been in the club over the years on capitol hill. today he signaled he's willing to cooperate with hillary clinton soon. >> i look forward to meeting with her in the near future to see how we can work together to defeat donald trump. and to create a government which represents all of yours. >> sanders received a very respectful welcome from top senate democrats. their interests being healing the divide between hillary clinton and sanders. >> i told him that i was not

pushing for anything. i knew what he had to do on tuesday, he can make whatever decision he feels appropriate on tuesday. >> he also cares about keeping his people engaged, and wait to do that is issues. >> before considering an exit, sanders would like the dnc platform to support a $15 federal minimum wage. stricter regulations on wall street and more generous paid family and medical leave policies. last night upon arrival back home in vermont, sanders received a warm reception from long-time supporters. but sanders wasn't happy to see reporters, perhaps worried he would get questions about dropping out. trying to win over his supporters in the more liberal wing of the party has pushed hillary clinton to the left heading into the general election. clinton did earn the endorsement of liberal darling massachusetts senator elizabeth warren. but clinton isn't tipping her hand. >> i don't know, i have no idea yet. i'm looking broadly and widely.

>> this evening, sanders will hold one of his trademark rallies here in washington. his aides are not expecting a massive crowd. with the race now looking like it is over. brett? >> mike emanuel here in d.c. thanks. even with a head start as his party's presumptive nominee, the past few days have taken a toll on donald trump in his poll numbers. the republican candidate is also lagging behind in campaign fundraising. but today trump tried to change all that chief political correspondent carl cameron has the story. >> donald trump and hillary clinton remain the most unpopular presidential candidates in the history of polling. trump is viewed favorably by 40% and unfavorably 58%. clinton is at 42% favorable, 56% unfavorable. in terms of character voters are dubious about both as well. 44% say clinton has the integrity to serve as president, 54% do not. trump fares worse with 38% saying he has the integrity. and 58% who don't.

trump this afternoon tweeted quote obama just endorsed crooked hillary. he wants four more years of obama, but nobody else does. hillary clinton retweeted trump's tweet adding delete your account. which became her most retweeted tweet ever. trump aides say it will be four weeks before he decides on a running mate. it continues to include former rivals. one of them, governor kasich said he can't endorse trump at this point. has never considered being trump's vp and won't. >> if you're going to insult hispanics, turn off minorities, if you're going to you know have reckless suggestions on foreign policy, that's not good. so why would i, why would i feel compelled to support somebody whose positions i'm kind of fundamentally disagree with? >> in addition to a running mate, trump needs cash, he's just starting to fund-raise. trump met at the four seasons in new york with national and state party fundraisers to start a war

chest. his aides have warned it's too late to match the billion dollars clinton is expected to rake in. they may be able to raise half that trump downplays the disadvantage, arguing he can make up the difference with free tv coverage. at trump tower trump held meetings with lobbyist who is pitched him on issues ranging from finance, health care, manufacturing and defense. trump scolded lobbyists throughout his campaign, but now plans regular meetings for advice. no word on whether he'll also start accepting their donations. trump's lack of organization and his rhetoric continue to panic the gop and are gaming ways to take him down but changing convention rules is something only delegates can do once the convention gets under way in cleveland. >> but he's had the most votes of any republican in a primary race and the whole white knight thing we've talked about it before. >> it would be a bloody riot on the floor of the convention, assuming there will be trump delegate there is. don't forget, a lot of them are going to be former cruz

delegates bound on the first ballot. but perhaps not until they can get free. so the question is, is there any way that trump can do so many things to drive the republican establishment crazy in the next five, six weeks before the convention. and/or be stopped? >> we'll follow every moment. after months of negotiations the house could be a step closer to easing puerto rico's financial burden. and with $2 billion in debt payment due july 1st, supporters of these moves say time is of the essence. correspondent rich he haedson i capitol hill with more. >> the house is considering and will likely vote on a bill tonight allowing and requiring puerto rico to restructure its finances. the island owes $72 billion it cannot fully repay. and so this house measure would create a federal oversight board to negotiate with investors to determine how much puerto rico

will pay them back. that board would also oversee the island's finances. puerto rico is in danger of missing interest payments and failing to fund basic government services. it also owes tens of billions of dollars in pensions to government workers. there is both bipartisan support and opposition to this house bill. and one house democrat of puerto rican descent says federal oversight board is an assault on the island's sovereignty. >> we're engaged today in a wholly undemocratic activity in the word's greatest democracy, we debating how we will take power from the people who are virtually powerless already. >> some conservatives oppose the bill, because they say it would set a dangerous precedent especially for u.s. states. those encouraging them they say, to halt their toefrefforts to restrain their spending. congressman raul labrador, a republican born in puerto rico, he denies that this bill violates conservative principles. >> not only is this bill not a

bailout, i believe this bill is preventing a bailout. and preventing a bigger cry for a bailout to the states that are mismanaging their finances. >> the obama administration says it supports the bill, although it has issues with some of the measures like restraints on minimum wage. if this bill passes the house, it heads to the senate. there still is some opposition there. however some in the senate and some in leadership are saying that perhaps senior lawmakers are saying they might try to get this bill as it passes the house if it passes the house in this form, through the u.s. senate to try to get it on to the president's desk before puerto rico owes that $2 billion payment on july 1st. bret? >> rich edson live on the hill. lawmakers shot down today a plan to infuse billions of dollars into the defense budget. it's a bitter pill to swallow for some who say the money is desperately needed. we've been reporting that some military planes are being cannibalized to keep others up

and running. correspondent doug mckelway with why the measure failed today. >> fox news documented how marine corps and air force planes and helicopters can't fly for lack of spare parts. how even museum relics are being cannibalized to get them airborne. how navy ships are being left in port because of broken machinery, depriving air and ship crews of training hours and the quality they once had. in a stinging defeat for the military, the senate this afternoon voted to block an amendment that would have budgeted $17.8 billion for more weapons and training. the money would have been made available through overseas contingency operations which is controversial, because while it counts against the deficit, it's not tallied on any other ledger. senator john mccain and his allies pleaded with skeptics to vote yes. >> you going to vote no because you're worried about budget caps. we love the military. everybody loves the military. well your love doesn't help them. your love doesn't buy a damn

thing. >> if you vote no, don't go home and say you support the military, because you do not. >> democrats amended their own amendment which would have provided an equal level of spending for nondefense programs, including money to combat the zika virus. >> if the republicans pass this amendment of senator mccain they'll have a broken budget agreement and they'll grind the defense appropriation bill to a halt. >> both amendments failed to reach a threshold to advance, meaning the senate bill without the mccain amendment won't address these maintenance and training issues. the house version of the bill does budget more for those priorities, but the two bills will have to be reconciled in conference while the military's needs remain in limbo. bret? >> doug, thank you. up next, new details in the horrific terror attack that killed four people in tel aviv. first here's what some fox affiliates around the country are covering. 41 in louisville. thousands attended a muslim prayer service to honor muhammed ali. some chanted, others held cell phones above their heads as

ali's body was brought inside the kentucky exposition center. ali, died last week at the age of 74, will be laid to rest tomorrow. fox 29 philadelphia, where buying a sugary drink could cost awe little more. city council members voted today to move forward on a measure that would add 1.5 cents per ounce tax to soda and other sugary drinks. if passed ex-next week philadelphia could become the first major u.s. city to adopt a tax on such drinks. a live look at los angeles from our fox affiliate 11. big story there tonight, you now have to be 21 years old to buy tobacco products in california. the golden state is second to hawaii in raising the age from 18 to 21. there is one exception, however if you're in the armed forces. the legal age is still 18. that's because veterans groups argued for months if you're old enough to go do war, you're old enough to smoke. that's tonight's live look outside the beltway from "special report."

iraqi forces are making progress against isis in flj, but the terror group is fighting back, claiming responsibility for two attacks today, 27 people were killed after two suicide

attacks around baghdad. those attacks come a day after the iraqi special forces pushed into the isis-held city of fallujah. one of the major groups, the, one of that group's last major strongholds in western iraq. in a frank admission, iraq's top diplomat says a a notorious iranian general is not only in his country helping to fight isis, but doing so with the country's blessing. several news outlets reported that iraqi foreign minister al jaafari said that iranian revolutionary guard member kasam suluimani. pictures showed him outside fallujah where iraqi forces were battling isis in their last remaining stronghold. the u.s. has long designated suleimani a terrorist saying he's responsible for the deaths of hundreds of american soldiers in iraq a decade ago. fox news first reported you may remember suleimani's trip to russia in violation of u.n.

sanctions and travel bans ten days after the iranian nuclear deal was agreed to last july. a story about the arrest of one of the attackers in the tel aviv marketplace where four people were killed wednesday. correspondent john huddy has the latest on the investigation from jerusalem. >> we're learning more about the gunmen who killed four people and wounded several others in a terror attack out of cafe in central tel aviv wednesday night. muhammed muhamre and khalid muhamre shown gunning people down as they ran to for their lives are cousins who live in hebron in the west bank. an armed security guard shot one of the attackers, who is now hospitalized. the other was arrested in a bizarre twist to the story. after running from the scene, the second gunman asked what turned out to be an off-duty police officer for a glass of water. he was allowed into the officer's home where he sat with

the man's wife and in-laws before the officer realized his guest was the gunman. he was arrested after a brief struggle. israeli security forces have locked down the village where the two cousins lived. the father of one said he realized his son was one of the attackers by the suit he was wearing. >> translator: my son is not affiliated with any political group. >> hamas while not claiming responsibility, called the attack heroic. it's unclear if the two gunmen had ties to any militant group. but former israeli ambassador to the united states, michael orrin, now a member of the knesset. says it is clear that the attack was planned and coordinated. >> this attack shows every sign of having been planned by a central terrorist organization, you know that from the way the terrorist were dressed. from the kind of weaponry they were carrying. >> and as far as the weaponry, police say that they were using a modified type of submachine

gun. that said, israeli prime minister benjamin netanyahu says that major security measures have been taken in the wake of the attack. among them two military battalions have been deployed to the west bank and also, israel has suspended the permits for 83,000 palestinians in the west bank to get into israel during the holy month of ramadan. it started this week and here in jerusalem, police remain on high alert. bret? >> john huddy live in jerusalem. thank you. his six-month jail sentence for rape outraged thousands. tonight there's word the former stanford university student could be out months earlier. how is that possible?

the former stanford swimmer and convicted sex offender could be out of jail by summer's end. records show brock turner is

expected to be released from the santa clara county jail in september, after being booked in june. because of overcrowding, county jail inmates serve just half of their sentences, if they keep a clean disciplinary record. well that news as you can imagine is not sitting well with many who believe his six-month sentence was already too lenient. national correspondent william la jeunesse has the latest from los angeles tonight. >> we are getting ourselves in motion because a recall is a very large undertaking. >> the recall effort of judge aaron perfectsky is gaining steam. he sentenced brock turner to six months in jail. not years requested for prosecutors. >> this judge selected a probation sentence. >> the defense portrayed turner as a innocent boy overwhelmed by the party culture of stanford. >> coming from a small town in ohio, i never experienced

celebrating or partying that involved alcohol. but prosecutors impeached turner using his own cell phone. video showed him smoking a bong and drinking liquor, on christmas eve he was down for a good acid trip. a week before he tried to buy marijuana and that july he bragged about doing acid and wanted to do lsd and he can as it ex-stasty. >> 900,000 signed a national petition to recall persky. >> like any other elected official, this judge is subject to the will of the people. >> dauber needs 20% of county registered voters to hold a recall election. >> a recall process takes many months to do. >> persky could be reassigned to a lesser court. state commission could but likely won't sanction him. >> they would need to have information that this judge does this all the time. that he is categorically

unequipped to serve as a bench officer in the state of california. >> jurors are now reportedly refusing to serve in persky's court. stanford students plan to protest at sunday's commencement. bret? thank you, the second amendment does not give californians the right to carry a concealed weapon in public. so says the ninth circuit court of appeals. today's decision delivered a blow to gun rights advocates in the state. chief correspondent shannon bream is here with more. >> under california law you must have a license in order to carry a concealed weapon. and part of getting a license requires showing good cause for why you need one. it's left up to each county sheriff to decide and set out the definition of good cause. the plaintiffs in this case said they wanted to carry simply for self-defense. the county has essentially said you need something like a specific threat. not just a generalized fear about safety. unable to get licenses, the plaintiffs sued. in ruling against them today, the ninth circuit said simply

quote, the second amendment right to keep and bear arms does not include in any degree the right of a member of the general public to carry concealed firearms in public. >> in her dissenting opinion, the judge said this -- the quote county's limited licensing of the right to carry concealed firearms is tantamount to a total ban on the right of an ordinary citizen to carry a firearm in public for self-defense. one of the plaintiffs reacted by saying the court misconstrued the case altogether. while another responded by calling the court out out of touch with mainstream americans adding quote, this decision will leave good people defenseless as it completely ignores the fact that law-abiding californians who reside in counties with hostile sheriffs will have no means to care ray firearm outside the home for personal protection. this case will almost certainly be appealed to the u.s. supreme court. over the last couple of years there have been a number of similar gun rights cases appealed to the nation's highest court only to be turned away. it takes four justices voting

yes in order to hear a case. we'll track it. the dow dropped today, 20. the s&p 500 lost 4, the nasdaq was down 16. now an update. moments ago an overwhelming house majority voted to back a bill to help deal with puerto rico's debt. as we told you, the bill creates an oversight board. we'll see what the senate does. president obama endorses hillary clinton. but with an active investigation under way, is it also a conflict of interest? our expanded panel weighs in, next.

i want those of you who have been with me from the beginning of this incredible journey to be the first to know that i'm with her. i am fired up and i cannot wait to get out there and campaign for hillary. >> when a career prosecutor or

an fbi agent who is working on the clinton investigation hears this president speak openly of how he wants hillary clinton to succeed him, you don't think that that career prosecutor or that fbi agent takes that as some indication how the president wants to see this case resolved? >> no. i think that those career prosecutors understand that they have a job to do. and that that job that they're supposed to do, which is to follow the facts, to pursue the evidence to a logical conclusion. that's why the president when discussing this issue, each stage, has reiterated his commitment to this principle. that any criminal investigation should be conducted independent of any sort of political interference. >> well you see the back and forth at the white house, josh earnest saying a criminal investigation was interesting. about the investigation perhaps going on. now and not completed yet. the president has endorsed hillary clinton. that's sparked the gop opponent to weigh in as you might imagine he would. on twitter.

donald trump tweeting obama just endorsed crooked hillary. he wants four more years of obama, but no one else does. hillary clinton's campaign tweeted this -- delete your account. at which point the head of the rnc tweeted -- hillary clinton, if anyone knows how to use a delete key, it's you. and then back to donald trump, how long did it take you, your staff of 823 people to think that up? and where are your 33,000 emails that you deleted? so it was a full active day on twitter today. let's bring in our expanded panel. judge andrew napolitano. fox news senior judicial analyst. say that twice. charles lane, opinion writer for the "washington post." mercedes schlapp, syndicated columnist for the "washington times," and columnist charles krauthammer. >> this creates a profound legal conundrum for the career prosecutors and fbi agents who

have been investigating mrs. clinton. there are two teams of investigatorses there. separate from each other. they are two elite teams. one concentrates on national security. the other concentrates on public corruption. and quite frankly, the question that our colleague james rosen put to josh earnest goes right to the heart of the matter. what message is the president sending to these teams? so that's problem number one. problem number two is a technical/legal conflict. can the president and can the attorney general who works for him, and can the director of the fbi who works for her. possibly be influenced by the president's wish that the subject of their criminal investigations should succeed him. and if they are, are they still in the position to make determinations or should an independent thinker with real authority called a special counsel be appointed? >> chuck? >> well we got rid of the special counsel a few years ago because they started running amuck. so let's not forget that.

i honestly don't think this changes anything. that has been going on all along. it makes it official in some formal sense. he endorses her for president. but the politics of this have always been the same. she is a democrat, he is a democrat. it's in their joint political interest that she not be indicted. that's been true all along. i don't think that the actual incentives that folks in the justice department face have changed at all. just you know, a small point on the fbi director, yes, he is on the flow chart, he's below the attorney general. but he does have that tenure term to protect him from political pressure. so he has some independence that way. >> mercedes yesterday hillary clinton said that she had not talked to the fbi even though some of her people have been interviewed. she had not talked to anybody in the doj. today the white house said the president has not talked to hillary clinton about this case. but she also expressed 00% confidence that it's not going result in anything. >> remember, she joked about the

email server last year. do we wipe the server off with a cloth? this is something that i think hillary clinton for her own democratic base is trying to calmly say this is under control. this is not a big deal. remember she referred to the investigation as a security inquiry. which james comey came back and said, we don't do inquiries here, we do investigations. the this investigation will be haunting her campaign until the fbi makes a decision. and for her to try to keep calm, keep her base calm is the only way for them to say okay, this is is not a big deal we know in fact she's literally the first woman presidential candidate who something investigated by the fbi. >> last thing on this, this is an exchange where she was asked about not talking to the state department inspector general and this is what the secretary said about that back and forth. >> i think that report actually supported what i have been saying for years. the rules were not clarified

after i left, the practice was used by other secretaries of state. i've said it was a mistake. i certainly wouldn't do it again. >> the challenges of the satellite interview in different places. but she said it proves what i was saying all along. well actually the report said that people didn't know. and in fact, judicial watch" released some sworn testimony, karen lang testified that the key state department federal record-keeping officials did not know that former secretary of state hillary clinton and her top aide were using nonstate.gov email to conduct government business. and report goes on to stay nor would they have allowed it. >> look she has her story and she sticks with it. that's one of her strengths for the last 30 years. she and her husband will come up with a story and they'll stay with it. until it's no longer tenable. and when she says to you or she said elsewhere as well, she's 100% confident that it's going to be no indictment, well that's

the line you would want to take. because after all, if she's right, nobody will remember. if she's wrong and she is indicted, the story is not going to be hillary had once wrongly predicted her indictment. the story is going to be the indictment. she loses nothing by saying or if you like pretending that she's worried about nothing. >> let's look at the polls. new poll out today, the fox news poll at the top of the hour, you can see the now and then. clinton now with a slight lead over donald trump. it's within the margin of error. you can see how much he has dropped since the last time we polled. fox poll number two, you had libertarian gary johnson into this, who has ticked up to 12%. remember 15% is the cut-off for getting on the debate stage. and there you see it, 39/36. what about this? is this showing that those days have taken a toll on donald trump? at least this one poll? >> you got to assume that he

took so much incoming over the last couple of weeks that it showed up in that poll. in particular because a lot of the incoming was from fellow republicans. paul ryan endorsed him and then the very next day had to say that what he said was racist. mitch mcconnell has been publicly lecturing him, telling him to shape up. this was one of those passages in the campaign for the first time i thought at least, i detected that trump was a little rattled. he realized at a certain point. remember when he said, i was misconstrued. i'm not going to talk about this any more at all. that was about as close as he ever gets to an apology or backing down. i think you know he, he took on some water. >> judge, let's look at fox poll number seven. bad news in here for hillary clinton. is clinton lying about how her emails were handled? you see the demographic breakdown there? 35% of democrats saying -- she's not telling the truth. >> well, i think that the questions about her integrity

have begun to resonate with democrats. i mean john podesta himself, about seven or eight days ago, the general chair of her campaign, sent a memo to donors with the basic talking points that mrs. clinton herself has articulated. the first time they sent something like that out because they probably have seen their own internal polling which shows this. i would suggest to you that the more damning number there is the independent's number. if every democrat in the country worked votes for her, she still won't win she needs the votes of the independents, by a rate of 64% they think she's lying. >> tonight elizabeth warren will endorse hillary clinton. we had the president today, the massachusetts senator will throw her hat in the ring. yet bernie sanders is out saying i'm going to compete in d.c. and i'm going to take my case to the convention. >> well i think what we're see something a carefully orchestrated roll-out of the comedown this is not the helter skelter running for the exits that happened on the gop side at

the end of the indiana night where everybody pulled out and it was over this is carefully orchestrated, bernie gets the royal reception, he's never seen the inside of these institutions, the vice president and the president, leader of the senate honor him. he then steps out. says i'll in another week, which is a way of saying i'll be given a decent interval. of course he'll withdraw at that point and everybody is doing his or her part. he said he's going to meet with hillary. that will be the point at which he formally hands over his sword and he will have negotiated a quid pro quo inside his own apoe mat ox. next up the, the controversy over the abbreviated jail sentence for a former college athlete turned sex offender. p?p

my entire career has been as a prosecutor, being a voice for victims. the concern i have in that case is that victim's voice was not heard. it was not respected. and she was not given dignity in the process. >> there are a group of very politically engaged women, fundraisers, political

operatives, political consultants and now elected officials who all feel that judge persky's sentence in the broke turner case was both wrong and dangerous. >> well, there is recall effort to recall this judge, aaron persky who made this sentence of the stanford swimmer broke turner giving him six months for raping unconscious woman, not the six years requested by the prosecution. back with the panel. mercedes, now we are hearing that he could get out before september. >> six months or less, yes. >> i mean end of june it's three. >> three months. first of all, sentencing is so insulting for any rape victim, particularly in this case. and, also, it really -- he calls to question what was the judge thinking? was he more worried about the negative impact of the stanford swimmer versus this rape victim? you read that rape victim's

letter, i tell you what, every parent should read that letter, because she brings up the point of the fact that this culture of rape shouldn't be about trial and error. and what she has gone through and the horrific nightmare of any rape victim was not taken into account in this case, and it really is something that i think the recall effort will work. >> it's touched a lot of chords. vice president joe biden wrote a letter to that victim, not knowing her name, obviously. judge, what about as a judge, how do you look at this? >> well, i have sentenced over 1,000 people in my career. and it's not something you do on the basis of emotion. you actually have a checklist. you must weigh the aggravating factors against the mitigating factors. and in this case where the judge tried the case, is he presumed to know a great deal of but it is inconceivable to me that this number could have come out at six months without some serious error in judgment on his part. i would have, this is unusual for judges to do

this, to sentence more than the government asks for. this is such a horrific crime if you know the facts. they are a little too awful to describe on television. i would have sentenced him to at least 10 years, which is four more years than the government asks for. is he expose to do 146789 the government said six. probation said one. one year. and the judge, feeling that the young man would be harmed in jail, believing that he is not a risk to do this again, those are the two reasons that he gave, those are not acceptable reasons. in america, you don't sentence the defendant, you sentence the crime if the defendant is somebody more vulnerable to harm in jail, that is not something the court should take into account. >> charlie? >> i think the probation report, even though it recommended a year, probably sent a lenient signal to the judge because it, in itself, was so far below what the state had recommended. this issue is absolutely royaling all over college

campuses all over the country. this case is going to be the case for those who say rape is not taken seriously enough. i would just say that another case has just dropped today. jack monday do you -- monagu sud yale for unfairly expelling him for what he says is a total pack of due process for an alleged sexual assault there that's going to turn into the, you know, the flag for people who think that some guys are being falsely accused. this is not going away. >> we can look back to recent history in the duke rape case as well. charles? >> duke and a lot of other cases are done internally by the university, which is unequipped to do anything like this and to give due process. so, it's good that it was in the courts. it was done correctly up until, i think, when we would all agree the sentencing, where the judge made inexplicable decision. but i think the reason why it strikes people so hard is

there is no ambiguity. this involved an unconscious woman. there was no con sent here. it was open and shut. and the victim herself had only asked for three years. so i think, even if you consider all the possibilities, six months is an outrage. and that's what's going to be remembered about the case. >> and he could be out, as i said, by september. that's it for the panel. next up, had the cleveland cavaliers found a way to win against the golden state warriors? maybe. stay tuned.

finally tonight on the nba the cavaliers routed the golden bears to win. one late night show may have discovered their weapon. really slowing down draymond green in all ways.

>> we'll never play them. it was too completely different. i don't get best team in a long time. >> you know sounds good slowed down. they just don't. thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. kimberly guilfoyle is in for greta tonight. she goes "on the record" in 8 seconds. ♪ ♪ >> it is friday june 10th. this is a fox news alert. breaking information after a massive manhunt. the gunman who opened fire on a deputy has been found. people are surged to stay inside

their homes all night long. once again. he has been found. >> brand new video of a man who is taken hostage at knife point. >> you don't have to do this. >> the shocking # 11 calls just released. >> one of brand new fox polls released overnight showing who is now in the lead as the twitter war explodes between the presidential candidates. "fox and friend first starts right now. >> good morning. we are happy. it is friday. you are watching "fox and friend first on this friday morning.

i am heather nauert. >> i am heather childers. thank you for starting your day with us and ending the week. intense manhunt shot a deputy forcing the community lock down in ohio. jackie i be ban yez is here with more details. >> this just happened. a massive ground search ended in ohio. they found him. he opened fire to the deputy as she responded to the call. he shot the deputy and another man before running off. residents were told to stay indoors and not let anybody inside. deputies were on the ground searching for laghaoui who shot a deputy and another person. it was a domestic statiituationa cincinni