bill: whether germany, baltimore or u.s. supreme court. got you covered. breaking news with our colleagues at "happening now." martha: see you tomorrow. jon: fox news alert, keeping our eye on the story out of viernhiem, germany, about an hour's drive from frankfurt. a man opened fire in a theater. echoes of what happened in aurora, colorado, with james holmes at that batman movie premier a few years ago. the man barricaded himself inside of the complex with local media reports. there are reports that up to 50 people are injured by tear gas. several people wounded by gunshots as well. that according according to a gn newspaper. we're on top of the story.

getting more information as it comes in. a barricaded man in movie theater in the town of viernhiem. he does have a weapon. we'll stay on it it and bring you the latest. ♪ meantime politics in this country. donald trump stepping off the campaign trim for a few days amid questions about his campaign finances and less than a month before the republican convention. and a threatened coup by some delegates who will attend there. welcome to "happening now" on this thursday. i'm jon scott. melissa: i'm melissa francis in today for jenna lee. trump leaves in a few hours for scotland, a business trip, to visit one of his golf resorts that is opening up. this is one day after slamming hillary clinton as a corrupt liar. his trip comes amid falling poll numbers and revelations that his campaign is woefully short of cash. meanwhile senator bernie sanders may be closer than ever to

throwing in the towel, admitting on c-span that he won't get the democratic nomination. and hillary clinton preparing to return next week to ohio, a swing state that could have major implications in the general election. joining her there in her first campaign appearance with clinton will be senator elizabeth warren. like sanders a hero of the far left. she is reportedly being vetted as clinton's running mate. appearance will be senator elizabeth warren . like sanders, hero of the far left. he's reportedly being vetted as hillary's running mate jon: we get into the democrats and the fate of bernie sanders supporters in a moment but first, let's check in withmolly live trump tower in new york city. molly . reporter: hi john. after some turbulent days within his campaign, staff shakeups and low fundraising numbers and news there's a

gathering as well, trump has sought to reaffirm and shift the attention in this race and put all his focus, all his criticism on his opponent. he gave a lengthy speech yesterday here in manhattan focusing on secretary hillary clinton, taking the presumptive nominee is a corrupt liar uses her power for personal enrichment at the loss of the american people. >> she ran the state department like her own personal hedge fund, doing favors for oppressive regimes and many others and really, many, many others in exchange for cash area . simple. reporter: he hit clinton on foreign-policy to trade to security failures, blamed her for ben ghazi, failures with iran and the chaos in syria and iraq sing her decisions spread death, destruction and terrorism everywhere she touched . >> the hillary clinton foreign-policy is has cost americans thousands of lives and trillions of dollars and unleashed isis across the world. no secretary of state has been more wrong more often and in more places than hillary clinton.

reporter: this evening donald trump will be stepping away from the campaign trail despite the fact that the convention is a few weeks away, kicking off for scotland. his international trip to check on some golf resorts there including the opening of the trump turnbull, an effort toshowcases international business empire. it's unusual in the sense that when we've seen other candidates had all or international trips they've met with foreign dignitaries and leaders and that is not what donald trump has on his plate . he spends some time at those results, a little time with family as well . jon: molly, live at trump tower in new york. thank you. fox news alert and back to breaking news out of germany, the town of viernheim, that's about an hour and 10 minutes to the west of frankfurt as we understand it.

about 50 people may have been injured in a shooting at the theater there in the town of viernheim. the canonical is movie theater is the name . one man we are told has been arrested but again, reports are fragmentary and many of those injuries appear to be from inhalation of teargas. police obviously stormed the theater. the man was said to be wearing a mask and carrying an ammunition belt, had some kinds of firearms with him but we don't know what kind. you can see obviously the police are responding quickly. we have with us rob wheeler, frequent guest of ours here on fox, a former homicide detective for the washington dc police department. roddick, this kind of scenario has to send chills through the hearts of even the most experienced officer. i have an armed man inside a movie theater with all kinds of weapons. >> absolutely john. i can tell you that the officers there probably are not knowing exactly what they

were going to confront once they arrived at the movie theater. i've been doing research online and what i'm hearing, what i'm reading online is that this is an area, a movie theater that's not really popular this time of the day. it's outside a shopping mall area but there's not a whole lot of people there according to some reports i've been reading but at the same time, with the kind of weaponry this guy had, depending on whether he specifically targeted his audience and it appeared he targeted the civilian population because that's what you're going to have their so obviously these are frantically trying to find out if there's any others involved and on the latest information i have , this individual still may be embedded in that cinema somewhere in that area. jon: the town of viernheim not very large. we understand that officers from the nearby city of manheim have been sent in to try to run support to the

viernheim force. that's always a problem too, ron. i don't know exactly how big viernheim is in smaller towns you are generally not prepared to deal with mass casualty situations and a hostage situation of the kind that disappears at least at first blush to be well, you're generally not prepared to deal with and just to add to that, they don't have to many incidents in that area over there in frankfurt in germany that often so obviously because of their lack of experience or lack of incidents like this it may have cost the police offguard to a certain degree. i must say that i think because of the amount of small towns from what i understand that's around that area, hopefully they will have the kind of manpower and the kind of ammunition they need to go in there and take this guy out. this location, actually am familiar with because it's not far from the us military base over there.

we have a huge military those over there in frankfurt and it's one of our largest over there as a matter of fact so i don't know if they're going to be providing assistance or what but thisis old folding as we speak. jon: we are getting reports that one man has been shot dead . the assumption is that thatis the gunman but we are not absolutely clear on that. reports of 20 to 50 people injured but mostly because of inhalation of teargas, we understand . again, very fluid situation in viernheim germany but most of the injuries thus far appeared to be from teargas. it was reported, rod, obviously as a hostage situation. this might not be the kind of situation we saw in aurora at the theater shooting there involving james holmes. this may have been more of a hostage taking event and let us hope that a good many of the people inside the theater were not shot.

>> that's right and the other thing that's kind of interesting so far that we learned about this case today in germany is that the staff was used so the question becomes john, why does this individual use this gas? what was his intent in doing that and maybe, and i'm just collating but this is experienced regulation that may be used gas so he can pt people in a certain area and then begin shooting them. i don't know but the authorities there are really trying to hard to figure out what type of gas was it? where did he get this gas, what weapon did he use and the most it important question in these situations is whether or not anyone else was involved. are there any other booby-traps in the area? this is very fluid and it will be interesting to see how this will play out.

jon: rod wheeler, thank you. we are getting reports from reuters that local media in germany are saying that the government has been shot dead. that according to the lawyers news agency loading a local media reports in viernheim usnow, former fbi officer who was part of the hostage rescue team . denny, what do you do in a situation like this? bursts into a movie theater armed with weapons? >> well, you get out. it's interesting you bring up the james holmes case. i was the expert with civil matters and i'm familiar with what happened there. basically, you get out. a lot of people are in disbelief, they think it's part of the act or whatever and they sit there and waste valuable seconds but if something like that happens, run. yet movement so the man can't take a bead on you and likely he used teargas to destroy them. if he didn't do it, i don't know if he do it did it or the police did it but if he did it this orients people so they can't really get away. trying to move them someplace

except a way and keep them from reacting appropriately because you can't see. your eyes are screwed shut and your nose is running, it's awful. i've been involved with teargas many times, it's not pleasant. heather: you make a great point that we don't know where the teargas came from. it could have come from the officers we see on the screen right now that were scrambling around outside to try to subdue the suspect. we are hearing reports that the gunman had an ammunition belt and was also wearing a mask so obviously a lot of preparation and premeditation to that. whatdoes it tell you that that is how he is being described so far ? >> it's a planned attack. it almost sounds like a copycat attack, that he is talking aurora. that's a terrible thing, fortunately in aurora, the man's gun jammed after killing 12 people. i don'tknow the background of this guy that i would have to

say given what's going on , it's probably some islamic attack on civilization but we will see. that's just a guess on my part but that's the way the world is looking right now. heather: we don't have any indication of that so far so we want to make sure the audience is clear on that that we don't have any indication what the motivation of that person may be, whether he's alone or with other people. thatthere is a report on local news of someone being shot dead, one suspect but that is not confirmed that this time . we saw people running from the theater in some of the other video that was up there. you said again, anytime you see this sort of circumstance you always advise people to move as quickly as possible obviously, get out . >> absolutely. if you're at a grocery store, those art firecrackers, that's gunshots and they are gunshots until you prove they are not. believe it and act, get

movement, run away. if you have a chance to barricade yourself, get yourself into a locked room and get away from the door and call 911 but there's procedures people can do but the biggest thing is gain space between you and the shooter and get movement. panic situation is actually not that bad because you get people running all over the place. you get into overload and he doesn't know which target to shoot which is a good thing. it doesn't sound logical but the more movement, the more things you can do to confuse and disorient the shooter then the better chance you have a surviving one of these things . jon: i was in aurora and covered that terrible shooting there in the hours afterward and talk to some of the first responders, danny, and they were on the scene within minutes and clearly, that is critical in a situation like this.

we are seeing video of the german response team but again, to have that police response there quickly is critical. >> it's critical but it wasn't minutes, it was actually 90 seconds before a police officer got there and that was amazing. there's another lesson to be learned here. if you're in business and you cater to the public , you need to prepare for these things. you need to get to the police to come out and look at your facility so they know where the entrances are and where to go and practice with your people about what you do and an active shooter situation to encourage people to leave and lockdown and we need to get ready. we're at war and we're seeing these things almost daily now and any business or church or school or any facility that's not prepared for these things is way behind the power curve be one obviously and with the orlando shootings so fresh in our minds in this country, that is something that all business operators and owners are going to have to be doing. >> yes sir. heather: ,danny, we were talking about the fact that

there isn't a lot of gun violence in germany. that is something that's known about the country. it makes it less likely that something like this would go on. how does that change the circumstances where everyone there? we are watching the police react very rapidly in the video we can see and it looked like a military organization training the building but like we said before, they don't necessarily have a ton of experience with randomgun violence . >> they don't as much as you would think. remember this, this is really important. the gun genie is out of the bottle worldwide. there are guns out there. if you want to be a terrorist or your maniac that want to kill people, you can get yourself a gun, there's no doubt about that but you have to understand that the british law enforcement, especially their tactical teams are really good.

i trained with them, done jobs in germany and they are as good as their art. they had counterterrorist teams for the hostage rescue team was ever put into being when i started there so there ahead of us a little bit as far as time goes and a train, there very carefully selected and may process this stuff so even though they don't have a lot of them, they are generally ready for whatever comes along. jon: and interior minister in germanyhas confirmed that the gunman is dead . that's the good news here. unclear how many people are injured, reports are that there are somewhere between 20 and 50 people may have been injured . we are told it might be as minor as teargas inhalation. danny, as you said, it's unpleasant to inhale teargas but it's something from which you can certainly recover. >> you can recover from that but recovering from a gunshot is problematic so hopefully it is here it's awful and i'd say i'm the most sensible

in the person in the world and it gets me badly. better that than get shot and hopefully will have a somewhat goodoutcome from this , hopefully nobody is seriously injured. jon: again, we don't know. first reports were that he burst into the movie theater in viernheim germany not far from mannheim and about us and our southwest of frankfurt, burst in about 3 pm german time and was holding hostages but whether he actually opened fire, we don't have that information yet. charles stratus is a former cia operations officer and former head of the cia's weapons of mass destruction terrorism unit. charles, it sounds like and again the reports are early, but it sounds like the outcome here is about as good as we might hope given the situation . >> right, and i think what is key in that was for us to recognize that we've reached

a pointwhere you have to respond immediately to these events .you don't have the luxury of sitting back and engaging indiscussion . jon: and it appears from the quick police response that that's what they did. they didn't set up a perimeter outside, they just went right in and according to this localinterior minister, the gunman here is dead . >> that's exactly what needs to happen. you cannot, 20 years ago the doctrine was we set up a perimeter and take our time and figure out what's going on. we learned as far back as columbine that that doesn't work. all that does is give people time to move in for the kill so you have to respond with whoever is first on the scene and end the situation. heather: we are hearing that a lot of the injuries may have, from teargas and in fact, looking on twitter, there's talk about gas bomb,

this is unconfirmed, these are reports that are early and out there, are you familiar with any weapons like that? >> there are any number of weapons that are going to fire chemical agents like that but the good news is that if you are exposed to that kind of thing you're not going to be happy at the time and you may be receiving medical treatment for some of the time but it's not life-threatening. you're going to come out the other side and survive. p7 what do you make of the fact, this is a small town in germany. this is very abnormal for the country, for this area, for this community. not something they see a lot of, there's very little gun violence and especially in these small towns outside frankfurt read what does that tell you if anything? i think it tells us the same thing that is true here at home. which is the days when you can say there were a relative handful of targets that are prominent and those are the

only places we need to worry about are long gone. this kind of violence motivated by a variety of factors is going to crop up everywhere. in the future and unfortunately that means every law enforcement organization and even the small towns are going to have to deal with it we want as you point out, the quick response of law enforcement is critical here.they cannot take time to wait and assemble outside and try to source out the situation inside. they have to move in in a situation like this. >> yeah, not to downplay how dangerous this is for the risk to law enforcement but the reality is, if you have a guy who is an active shooter and he's engaging unarmed civilians, you have a massacre. at the moment that i stopped and returned fire with law enforcement than the killing of innocent civilians largely

stopped as of that moment. minimize the date danger to law enforcement but simple life engaging him dramatically changes things. jon: according to authorities there in viernheim, no one was hurt by the gunman. that is the incredibly good news out of all this. there were initial reports that as many as 50 people were injured and yes, those 50 people may have been overcome teargas, we are told. somewhere between 20 and 50 people may have inhaled teargas. whether it was launched by the gunman or police, we do not know but according to local police, they are in viernheim germany, the gunman did not hurt anybody and again, that's just an incredible situation. if you remember what happened in aurora colorado with gunman james holmes. >> yes, if so, that's incredibly good news and obviously as you guys are well aware in the aftermath of any incident like this, it's going to take time for the dust to settle and for everybody to figure out exactly where we stand.

heather: early reports indicated that the gunman came in with a mask, that he had an ammunition belt, he seemed well prepared for whatever it is he was planning on doing. what do you make of that? what does that tell you? >> it tells me he's been preparing for some . of time but it doesn't tell us much about his pacific motivation, who he represents but the reality is that the amount of preparation takes to go into a theater and engage a bunch of on armed civilians who you catch by surprise is not particularly great which is something to keep in mind in terms of fantasies of gun legislation up somehow or another are going to remove all the weapons that are capable of doing this to people. that's an end state you're never going to achieve. if somebody wants to do this, they are always going to find the capability to respond. jon: charles stratus, formerly with the cia, thank you very much for your expertise area let's also

bring into the conversation steve rogers. he is a former member of the fbi joint terrorism task force and the former new jersey police officer. steve, it's awfully early to say what happened here. the guy, we are told, took hostages. nobody was actually shot by the gunman even though he was wearing apparently an ammunition belt and wearing a mask . obviously the police did just an outstanding jobof taking out this threat . if you are a police officer responding to this kind of thing , what's job on? >> job one isalways to protect innocent people and i can tell you this, that this was an extraordinary tactical response .

in the old days, you set up a perimeter and tried to negotiate but this police department when in there and took them out and i have to tell you, he was not prepared for that. the suspecwas prepared for probably a long standoff. he was fully armed, he had protective gear on and he was probably going to go down with a fight so police actually probably save everyone in there from the very interesting response which i got to tell you, it's something every law enforcement department around the world is now going to look at. this may be the way of the future to go in and take these guys out. heather: this is something we've obviously seen more and more, the idea that whoever is behind us or trying to perpetrate this kind of crime is now targeting soft targets. used to be at airports, a stadium, a large event where you knew you were going to face security on the way in and unfortunately the bad guys around the world have figured out that that's just too difficult and have started going after these very soft targets. >> exactly right.

first of all, motive is going to be important. you don't know if in fact there's a terror connection but you hit the nail on the head.these organizations and individuals know that people are not armed, that they are helpless and in this particular case, they are looking for soft targets and these targets are going to be absolutely the target of the future and that's something that has to be looked at by lawenforcement . it goes back to the issue of gun control. it's not going to help the situation at all. these guys know where the free gun zones are and those are the targets they're going after. heather: steve rogers, thank you so much for your insight. jon: now this fox news alert, a baltimore police officer cesar woodson has been acquitted of all charges in

he is the man who drove the transport van that took freddie gray to the jail. he has been acquitted of charges including second degree murder in freddie gray's death in connection with that death. he is the third of the six baltimore city police officers to go on trial in connection with the arrest and death of gray last year. dot away live in baltimore with more on that decision. reporter: as a result of this, john, state attorney marilyn mosby is now 343 in these police officer cases following the death of freddie gray and the aftermath of the rise which occurred over a year ago. she left the courtroom about 10 minutes ago, flanked by a security entourage. apparently heaving a sigh of relief as the verdicts were read. not guilty on misconduct in office, not guilty on reckless endangerment, not guilty on second-degree

assault, not guilty on vehicular manslaughter, retinal negligence, gross negligence, not guilty on involuntary manslaughter and as you said, not guilty on second-degree murder. one has to wonder whether the state attorney's office is going to reconsider the prosecution of the other officers who stand trial. let me give you a look on what's going on outside the courtroom. an hour after this verdict was delivered by judge barry williams, we had considerable gathering of protesters here, a little bit earlier as the verdict was read. some chanting but it has not turned into anything more than that. in fact, as i look around me the hundreds of people here have largely dissipated and it seems that things are returning to some degree of normalcy. you know after the death of freddie gray and after his burial the city erupted in riots. baltimore has taken a

different approach, a more proactive approach. all hands on deck today. paul leave for the baltimore city police department, a lot of police presence here. sheriff's deputies finally here, the national guard is on standby in baltimore so the city is better prepared should any sort of violence breakout as the day goes on. the weather may cooperate also, rain in the forecast but it late so we are keeping our eyes on this. this is a major, major defeat for marilyn mosby and it largely on the fact that the state made a case that this was death by rough ride. they made that point very strongly in their opening arguments but as the case evolved, they were unable to produce a scintilla of evidence that there was indeed a rough ride. the evidence that was produced was contraindicated of a rough ride. there was security camera video of the van as it went through the streets of baltimore showing the van obeying stop signs, traffic

lights, things of that sort. there were two minor infractions that were shown on the video camera. one, it did not come to a complete stop at one stop sign and secondly, it took a wide turn around the city intersection and crossed the yellow line. the defense was able to make the case that that actually reduced the g forces, the centrifugal forces that freddie gray was subjected to and had the driver obeyed the law and stayed within the yellow line and at the end of the trial during closing arguments, the state barely made mention of the so-called rough ride, prompting judge barry williams to ask them what did you draw this case upon? what was the evidence here? they had not much of an answer and i think judge barry williams in his decision today acquitted lazar goodson on all seven charges. back to you. jon: repeatedly saying the state failed to show evidence that goodson was aware or should have been aware that

ready gray was hurt. thanks very much. doug mcelroy in baltimore. heather: joining us now, eddie williams, attorney and fox news contributor, also mercedes:, criminal defense attorney and fox news legal analyst. thanks to both of you for joining us. mercedes, let me start with you. what is your reaction? a tough day for marilyn mosby, 043 now this is one of the problems with this particular acquittal. everyone said coming in this person was definitely overcharged. the officers were overcharged so it's no surprise to see there's yet another acquittal in this case. heather: anthony, you heard the case laid out. the whole premise of it really falling apart right in front of the judge and everyone's eyes, this idea that there was a rough ride and low and behold, they bring out video that shows the band rolling through a stop sign which would ironically make the ride smoother and going wild

around the corner so that the whole basis of the case seemed to fall apart. what you think happened there? >> these kind of cases, you adjust the elements and they have to be appropriately applied and certainly there was a lot of emotion behind this case and understandably so the citizens of this community but the elements have to make sense legally. that's something that i think is often lost

factually, short and that's frustrating or jurors and

that's why they're seeing these result mercedes, how would you recover from this? you heard the description of the courtroom and they're saying that we all knew the rough ride.. from the beginning, this has been the year the. of the crime that all this videotape comes out that shows no rough ride at all and when they get to their closing statements, the judge asked wait a second. what was the basis for your case? why did you think they were culpable? can you tell me again? at that point it's like being called up to the front of the class and not having homework. they said people in the courtroom said at that point, they didn't have much to say. how do you scramble in that moment? >> a great point. certainly they have to reassess how they approach the case from the beginning

and it's very easy when you focus, there were six defendants. someone had to be responsible for freddie gray's death. you've got to set forth in the public what the theory of criminality is if there's nothing that can really back it up, it shows that it's disorganization, it shows that it's chaos, it wasn't well thought out. it's something they have to go back, look at the remaining defendants, see if their candy plea deals done with these individuals, maybe not go forward with the trial. go something to change things around butlesson learned, don't go out there . don't say these individuals were absolutely unequivocally responsible for freddie gray's death if you don't have the substance and evidence and testimony to back it up. heather: specificity is what was missing in the case. many people can look at the facts and the prosecutor says, we know something went all right here. something that went wrong, this man should not have died. lot of people can access that you have to play specifically to what went wrong. their theory of the case on this notion of rough ride and

again, when the facts don't back it up, you got a credibility problem from the prosecutor's office and that's serious. heather: if you're trying to do a reset on your career, you've been out in the public talking about the case and everything and now it is going south . what you think is the best option? you mentioned the idea of trying to maybe come to some sort of plea agreement with the remaining people or do you not pursue it at all? >> you really do have to pursue it but pursue it intelligently and scale back and look at those lesser charges. look for plea deals and maybe even on me a call but to the public. if you're going to go out there and be so incredibly aggressive, me a cold bath. this is what we do at the time. we're sorry things are difficult because now, there may be rights following this acquittal, we don't know. we don't know what's going to happen because we know the public sentiment is very high, the public sentiment

against these officers is high at the time, this is going to continue to smolder and she has to come forward and sayme a call. this is what was going to remain with the evidence for the defendants .>> so far the response we've seen outside the courtroom, we had a reporter there that says it's been relatively subdued so so far so good. caesar was the driver so based on the theory of the crime, he was the one who was driving the van and also in some sense responsible for making sure he was buckled in disappointments up for debate. from here, the other defendants, it's hard to see who would have a better chance with them i agree. if i were any of the remaining defendants, i'm not inclined to entertain up we bargained because they really haven't demonstrated strength in their case for their theory. they haven't had success so far in there.. when you know better, you should do better so on the prosecutor's office, i've now got three examples of how this doesn't work.

certainly you want to reboot, refocus as mercedes pointed out, readjust your theory of the case so you know what,? this is what we were backing on, it's not been successful so we are going to adjust our theory to the elements we can prove. heather: i'm not a lawyer but when they have had to know that those videos existed? the videos showing the bad driving within the law? they can only find two infractions we were told within the entire scope. the rest of the time they stopped at the light, they obeyed traffic was. they rolled through a stop sign and took one turn a little wide but in both those cases, if there's someone in the car, that makes the rights, not rougher. with those attorneys have to have known? >> absolutely, excellent point and that's why the admission came from thejudge. how could you not have known . there's an exchange of information. they have to have known these tapes existed, there has to

be some disclosure. you don't get to disclose to the alleged perpetrator, you don't have access, you don't get the testimony ahead of time but there are exchanges of documents. they didn't have an exchange here, of course they did. they must have known those tapes existed. heather: thank you for joining us, you were originally elated to talk about something else and this breaking news happen. we appreciate you getting to this point, you're so knowledgeable. jon: fox news alert, it appears that the movie theater sees in viernheim germany is over. police reportedly shot dead the gunmen who had bars into the kinopolis movie theater in the small town of viernheim, outside the city of mannheim and shot dead the gunmen. we are told there are no serious civilian injuries or no injuries among the people were in the file theater

except possibly for teargas inhalation. amy kellogg is in this story, joining us now live. >> yes, the details arecoming in . drip by drip here, where getting a bit of information. this from the interior ministry in the region of germany where this occurred that the man, the gunmen who has since been shot dead may have had some mental illness so i also heard just a moment ago john, an interview with a german journalist saying the way he was described by witnesses, this alleged gunman because it's not clear at this point if his weapon was indeed real that he had a very strange behavior so again, the good news is that the situation has resolved itself and the injuries that seemed to exist are due to teargas, the police were quite and this is not frankfurt so it was close to

the economic capital of frankfurt. it was not in the middle of the city but the response was quite quick when police found out there was a potential hostage situation, they dealt with quickly. they apparently deployed teargas and there were some injuries due to that but there have been no injuries due to this gunman, again whose weapon we don't know much about. it's important to point out, germany as the strictest gun laws in all of europe, tightened up even as recently as 2009 after a dramatic school shooting in which 15 people were killed but still and all, people still manage to get their hands on weapons anywhere in europe and therefore given the times we live in, people are on a edge so this was something that occurred 2 and a half hours ago, has been in resolved at this point but questions remain about the identity of the person who injured that movie theater in an area close to frankfurt germany and iron some warning shots into the air and then created

this hostage situation that police racing to resolve, john. jon: as good ending as we can hope for. amy kellogg live from london, thank you. now this alert, it's thursday, the day of the speaker of the house normally holds a news conference. paul ryan is coming in, let's listen and find out what's going on on the floor of the house where this democratic sin has been underway. >> at the committee, democrats offered committee and amendments offering the gun measure they say they want. that measure failed on a bipartisan basis so just yesterday, the democrats offered this gun measure they claim they want and it failed on a bipartisanbasis in committee. there was a vote , it was in the committee, through regular order andthe vote failed .

that's a fact they didn't want to talk about. here's another one. if democrats want to vote for a bill on the floor, there's a way to get one. it just takes 218 meters on a petition and then they can have a vote, it's that simple that's how the house works. it's a well-known process but they're not doing that . they are not trying to actually get this done through regular order instead, they are staging protests . they're trying to get on tv. they are sending out fundraising solicitationslike this one . house democrats on the house floor, your contribution will go to the d triple c, $15. this one says try giving us $25 but if you want you can send us 50, 100, $250, $500, $1000 because look at what we are doing on the house floor mark and us money.

if this is not a political stunt, then why are they trying to raise money off of this? off of a tragedy. what's there call for failed in a committee in the house. the reason i call this a stunt is because they know this isn't going anywhere. it already failed in the senate. they may not like this fact but this bill couldn't even get 50 votes in the united states senate, let alone 60. why is that? why is it that this bill failed on a bipartisan basis in committee and this bill failed on a bipartisan basis in the senate? because in this country, we do not take away people's constitutional rights without due process. this is not just republicans saying this. it's groups like the aclu who are saying this. but more to the point, our

focus needs to be on confronting radical extremism . terrorism is the issue. let me say again, terrorism is the issue and defeating terrorism is our focus here in the house to let me be really clear. we are not going to take away the constitutional rights of law-abiding americans and we're not going to allow publicity stunts to stop us from doing our job . that's why the house powered ahead last night to provide important resources in the fight against the zika virus. one of our most do items on our list this week was that we had to respond to the zika virus. we know this is something we have to get on top of and in the face of this distraction, we passed a responsible bill that provides level funding that was in the senate bill ever see the big bipartisan vote with a mix of offsets that we in the house thought were important.

this is a good compromise. it meets an urgent need and i urge the senate to take it up and pass it. now, democrats can talk all they want. i'm really not sure what their plan or endgame is here but the bottom line is that despite these distractions, we did our job. we did the people's business and we will continue to do so. one more point i want to bring up. i want to say a word about the supreme court ruling we just got that all the presidents executive amnesty. this is a win for the constitution. it's a win for congress and the wind in our fight to restore the separation of powers. presidents don't write laws, congress rights laws. this is a case that the house waiting on because it's fundamental for a system of checks and balances. congress, not the president writes our laws and today the supreme court allocated that fundamental principle. >> two-part question. what were your first dealings ... [inaudible question] you

have a lot of spirited members in your own congress. are you worried this could be a precedent for many in the minorityparty? >> i do worry about the precedents here . i am having obligation is the speaker of the house to protect this institution. we are the oldest democracy in the world. we are the ballots of the world of free speech so when we see our democracy this end in this way, it is not a good sign. so yes, i do worry. i've been around, i've done the iowa state fair. the soapbox. i've done wisconsin recalls so that, i am used to. but on the house floor? number on the house floor? where we have rules, where we have to order mark where we have a system where democracy

is supposed to work its way up in a respectful way? i did not expect that because i think what we did was we watched a publicity stunt, a fund-raising stunt in an institution that manyof us care a great deal about so it sets a very dangerous precedent . >>. [inaudible question] ... >> it already failed in committee. [inaudible question] not in the least. what are members asked for was an open process a functioning process where we learned that democrats were not interested in advancing the process.

they're interested in stopping the process. our members want congress to function. our members want us to do the people's business and do our job and when the democrats are trying to stop congress from doing anything, that is not an open process. that's a no process, that the holding process to the point of last night. you think we're going to have a civilized debate about the zika virus? you think they were interested in coming to the mic and debating zika? of course not. they were screaming and shouting over each other so we were going to get a job done and our job was to make sure we were getting on the authorities, the cdc. giving the vaccination, getting ourselves prepared for the zika virus. were going into summer. people are going to be going out on fourth of july and mosquitoes are going to be biting people and that's why we did our job and pass this bill. [inaudible question] we have process for this.

the on all land, speaker of the house at his weekly news conference, answering reporters questions a couple of topics including this in that democrats have been melting to try to force kind of a vote on gun control as the speaker said. the process is supposed to work, it has worked in the house to this point and the bill that the democrats so badly want to vote on didn't make it out of committee or out of the u.s. senate. he is chiding the democrats for trying to raise funds off of the orlando nightclub massacre tragedy. we will continue to listen to thespeaker , if you make more news today we will bring it to you. heather: we are waiting for president obama, he is going to deliver a statement on today's ruling on immigration from the supreme court, that effectively blocks his plan to shield millions of people living in the us illegally from deportation. we are waiting for those

comments, you just heard ryan talking about the same issue there at the end and the president is going to come out and make comments, we will bring you to them live as soon as he does that.we have kevin court ending my life in the white house, waiting for those remarks. it is the settlement? what do we think were going to hear? >> the president must feel like he has taken a blow here. operation of powers, you heard speaker ryan talk about that and that's what's at stake here. rational leaders have felt for some time this is a situation where they make the laws, this is something that needs to go through them. executive action quite frankly is within the president heard you but in that for four decision effectively blocks the president's immigration plan which could shield some 4 and a half million immigrants who are here from deportation and allow them to work here. a couple of things you should look for. the president will very likely take this is a loss of a battle, not the loss of the war. were talking about an opportunity for him to continue to push this even as

the vestiges of his presidency wind down to a close. you will hear him talk about the importance of this port, we are talking about 44, we talked about on a number of occasions that once justice elliott hathaway, he shifted the balance in the president's favor. that's not what happened very likely chief justice merrick garland getting up or down vote and that's something he'll spend a bit of time talking about as the presidents for lack of a better description mixes wounds after singing defeat in this case. heather: you talk about the loss of a battle and not the war, how does he pursue this from here? what's next? >> we have just received the two-minute warning, two minutes from now the president is expected to enter the green room and will hear from him directly but what he will likely say on that end is there are a number of other mechanisms that continue to be in play, both at the federal and state level that should prohibit the deportation of

potentially millions of people who are here unlawfully but how can they move forward? that's the question we all want to know, especially given the brevity of the time remaining in his presidency and we look forward to hearing what he has to say about that as he comes to address reporters momentarily. heather: we only have a couple seconds left but he will not miss an opportunity i'm sure to talk about the fact that there is no movement there on a night supreme court justice, right? >> absolutely right. chief judge garland has yet to receive an up or down vote. the ongoing effort to have him meet with the judiciary committee continues. we've asked josh furnace on a number of occasions what is new? they were so strong in their opinions early that they would get a chance to move this football over the finish line, over the end zone. doesn't look like it's going to happen but anything can happen between now and january but at this point the president is still hopeful he will be able to get an up or

down vote on chief john merrick garland but a lot will depend on what happens in november. let me step away as the president comes out. >> good morning everybody.i want to say a few words on the supreme court today. first, in the affirmative action case i'm pleased that the supreme court upheld the basic notion that diversity is an important value in our society and this country shouldprovide a high quality education to all our young people, regardless of their background . you are not a country that guarantees equal outcomes but we do strive to provide an equal shot to everybody and that's what was upheld today. second, one of the reasons why america is such a diverse and inclusive nation is because we are a nation of immigrants area our founders conceived of this country as a refuge for the world and for more than two centuries, welcoming wave after wave of immigrants has kept a youthful and dynamic and entrepreneurial, it has

shaped our character and made us stronger but are more than two decades now, our immigration system, everybody acknowledges has been broken and the fact the supreme court wasn't able to issue a decision today doesn't just set the system back even further, it takes us further from the country we aspire to be. just to lay out some basic facts that sometimes get lost in what can be an emotional debate, since i took office we deployed more border agents and technology to our southern borders thanever before. that has helped cut illegal border crossings to their lowest levels since the 1970s . it should have paved the way for immigration reform and in fact as many of you know, it

almost did. nearly 70 democrats and republicans in the senate came together to pass a smart, common sense bill that would have doubled the border patrol and offered undocumented immigrants a pathway to earn citizenship if they paid a fine, paid their taxes and played by the rules. unfortunately, republicans in the house of representatives refuse to allow a simple yes, sir no vote on that bill so i was left with no choice but to take steps within my existing authority to make our immigration system smarter, fairer and more just. four years ago, we announced that those who are our lowest priority for enforcement, the diligent, patriotic young dreamers who grew up pledging allegiance to our flag should be able to apply to work here and study here and pay their taxes here. more than 730,000 lives have been changed as aresult. these are students, they are teachers, they are doctors , lawyers paper. and fortunately, today's

decision does not affect this policy. it does not affect the existing dreamers. two years ago we announced a similar expanded approach for others who are also low priorities for enforcement. we said that if you've been in america for more than five years with churn who are american citizens or legal residents, then you too can come forward, get right with the law and work in this country temporarily without fear of deportation. both were the kinds of actions taken by republican and democratic presidents over the past half century. neither granted anybody a free pass. all they did was focus our enforcement resources which are necessarily limited on the highest priorities; convicted criminals, recent border crossers and threats to our national security. now, as disappointing as it was to be challenged for taking the

kinds of action that other administrations have taken, the country was looking to the supreme court to resolve the important legal questions raised in this case. today the supreme court was unable to reach a decision. this is part of the consequence of the republican failure so far to give a fair hearing to mr. merrick garland, my nominee to the supreme court. it means that the expanded set of common sense deferred action policies, the ones that i announced two years ago, can't go forward at this stage until there is a ninth justice on the court to break the tie. i know a lot of people are going to be disappointed today, but it is important to understand what today means. the deferred action policy that has been in place for the last four years is not affected by this rule. enforcement priorities developed by my administration are not affected by this ruling. this means that the people who might have benefited from the expanded deferred action

policies -- long-term residents raising children who are americans or legal residents -- they will remain low priorities for enforcement as long as you have not committed a crime, our limited immigration resources are not focused on you. but today's decision is frustrating to those who seek to grow our economy and bring a rationality to our immigration system and to allow people to come out of the shadows and let this perpetual cloud on them. i think it is heartbreaking for the millions of immigrants who made their lives here, who have raised families here, who hope for the opportunity to work, pay taxes, serve in our military and more fully contribute to this country we all love many an open -- in an open way. so where do we go from here? most americans, including businessing leaders, faith

leaders and law enforcement, democrats and republicans and independents sill agree that the single -- still agree that the single best way to soft this problem -- to solve this problem is by passing immigration reform. that is, obviously, not going to happen during the remainder of this congress. we don't have a congress that agrees with us on this, nor do we have a congress that's willing to do its most basic of jobs under the constitution which is to consider nominations. republicans in congress currently are willfully preventing the supreme court from being fully staffed and functioning as our founders intended, and today's situation underscores the degree to which the court is not able to function the way it's supposed to. the court's inability to reach a decision in this case is a very clear reminder of why it's so important for the supreme court to have a full bench.

for more than 40 years, there's been an average of just over two months between a nomination and a hearing. most republicans so far have refused to even meet with mr. garland. they are allowing partisan politics to jeopardize something as fundamental as the impartiality and integrity of our justice system. and america should not let it stand. this is an election year, and during election years politicians tend to use the immigration issue to scare people with words like amnesty in the hopes that it'll whip up votes. keep in mind that millions of us, myself included, go back generations in this country with ancestors put anything the painstaking efforts to become citizens. and we don't like the notion that anyone might get a free pass to american citizenship. but here's the thing, millions of people who