>> i am out of ideas, how about you? >> no time for a big idea. we will tomorrow, good-bye everybody, have a good day. ♪ >> a busy week ahead on capitol hill, president hearings begin, cabinet nominees, hello, everybody. hope you are off to a great start so far. i am jenna lee. >> jon: i am jon scott. gets off with general sessions and john kelly, respectively. defendant is a whirlwind wednesday, confirmation hearings begin, elaine chao will be trance protection secretary. and as education secretary, and congressman mike pompeo as cia director. then thursday, general james mattis for defense -- ben carson

for housing and urban development. republicans only need 51 votes in the confirmation. it is unlikely that any of these nominees will be locked. john roberts is live with more firm of trump tower in new york city. john. >> good morning to you, senior transition official told me a short time ago that they expect the democrats will amount to the campaign of sound and fury when it comes to the highest profile nominees. jeff sessions for attorney general and rex tillerson for secretary of state. they are expecting the roughest ride in education. mentioning coming up on wednesday as well as labor and the epa. not scheduled for this week, likely that they will not happen until next week at the earliest. with the trump transition during the confirmation hearing, blood does own with supporting evidence to pass all of the nominees through.

a short time ago on fox news, the incoming press secretary said that he expects all the nominees will receive a swift confirmation. here he is. >> we have the votes to do it, these are qualified people. i think we are going to have a number of people ready day one, and be on the seven, we have five additional that were given to president obama the first week he was in office, a total of 13. we are on pace to match that as well. they are ready to serve the country and bring real change, i think both parties should say stand and get it done. >> wednesday is expected to be the biggest day in terms of confirmation on capitol hill, and no surprise that donald trump will add a little distraction of his own that day by holding a press conference at trump tower. that will shift a lot of attention from what will be going on a capitol hill. >> jon: speaking of press conferences, i know that president trump has been talking about keeping jobs in america, so what is he saying about the auto industry right now?

>> well, there was another move that was announced this morning, this was in the works long before donald trump won the presidency. but chrysler has announced that it is going to be spending $1 billion on michigan and ohio in plants to create 2000 jobs. donald trump this morning on twitter praised saying it is finally happening, fiat and chrysler announced adding 2000 jobs. this after ford said last week that it will expand in michigan in the united states, instead of building $1 billion plant in mexico. thank you, ford, fiat, chrysler. it's not that he is claiming credit in this, but they have let it known that the environment for business growth will be better in the next four years as it has been in the past eight. that is one of the reasons why they are making the decisions they are making. >> jon: outside trump tower in new york city, thank you, john. >> jenna: well, parking

complaints from democrats saying they need time to bet the nominees. after the government ethics expressed concerns about the hearing timeline, which mcconnell says that democrats are just bitter about losing the election. >> we confirmed seven cabinet appointments that day that president obama was sworn in. we did not like most of them either, but he won the election. if so, all of these little procedural complaints are related to their frustration. they not only lost the white house, but the senate, i understand that, but we need to grow up here and get past that. you need to have their president national security team in place on day one. >> jenna: the writer for politico, and co-author of "politico's playbook," great to have you both. you see that the words are a little bit stale, why that choice of expression? >> i think the big issue for republicans, many of these people who donald trump has had

-- nominated, have not been in government before. we do not know what is in robert wilson's bank accounts. these are people who have not filled out financial disclosure forms yet. while mitch mcconnell's right, they are probably not happy that they have lost the election, the house, and the senate, they probably also have a big issue here. they have a legitimate gripe, the public needs to see the financial documents, and this is something that republicans have said before. in 2009 they said that barack obama should put front his financial reports. >> jenna: so interesting, it is hard when we have to rerun these comments from years ago. we all know that, michael. what jake is bringing up something interesting. their politics as usual in politics under donald trump. people are not in the public eye, so they do need to be vetted a little bit differently. what do you say to that? >> i think it's a very good

point. it is right, but there is a problem that is democrats removing those tools that they have otherwise been using to slow these nominations down. that happened in 2141 now former senator harry reid changed the rules so that presidential nominations do not need super majority, they just need a simple 51 to close the debate and move ahead. democrats did that when they were in charge of the senate and the white house, now the tables have turned blue and turn on them. they have removed the best tools that the minority can have to slow things down and do it right. the game has changed. i think a lot of democrats are publicly saying that they wish they had done things differently. >> jenna: i did not want to bring to our attention to something live, this speaks to the tension, two life events on capitol hill, one offense on the left-hand side of your screen. i believe the one with the magenta scarf there, those are

folks that are against senator jeff sessions, than the other side of the screen just starting to get underway, folks showing up. you have a group of alabama pastors that are in support of jeff sessions. it jake, just wanted to mention that to our viewers. this is happening live. this is a day before the hearin hearing. to michael's point, what should we expect? can anything be done to stop these nominations from happening? really, or is this just a lot of politics? >> it is a lot of politics. there is not much to be done to stop the nominations, but i will say this. if anything new comes up, anything that we are not expecting out of the financial records that we might see from some of these nominees that could affect the confirmation process, the summit has not rejected a nominee since the 1980s. so someone would have to draw, that seems unlikely. but this is not going to be a pretty hearing. it is going to be pretty tense.

jeff sessions is going to be forced forced to answer some questions about his background and allegations of racial imbalance, but to listen, these guys are prepared in many of these cases for these questions, so i do expect in most republicans and democrats probably expect all of these nominations will go forward. >> jenna: and then the question for the american people, what is the consequence of losing whether there are a lot of questions asked? i'm just going to show you this article from "the new york times," it speaks to the feeling. my son out there for some of these nominees, what are you hiding, jeff sessions? that says a lot, michael. it is just a rough, bumpy road for some of these folks. >> it could hurt them then stag off, running these agencies and sorts of things. and particularly, i think that is an issue for jeff sessions running the justice department.

it's really perceived to become so politicized over the last eight years, and even before that in the bush administration, so that is a problem. i think for that department. but you are seeing more bruising style of politics to use your word, where if you have that bare majority, you are trying to ram through as much as you can, and the minority party is going to mock that up as much as possible. the fact that they do not have the tools here to do that it's really kind of we can say. it makes it more like political showmanship. rather than actual substantive disagreement and deliberateness. that's what senate should be. >> jenna: we will talk about what can be positive from this, the american people for the first time are really going to hear from some of these private-sector leaders. they have done extraordinary things about how they feel about america, and what they think they can do to help. that might present some real opportunity. >> it also will help put some meat on the bones of donald trump's policies.

we expect that the cabinets will be making a lot of decisions, we have a story about that today, they will have a lot of latitude and leeway to go about business on their own to have barack obama run his secretary, and they were very much under the power of the president, so we will get really a lot of views on just what white u.s. policy on everything from transportation, foreign policy, trade, what that might look like over the next four years. >> jenna: and that is something special about the american process, that the american people do get to witness this. >> that's right, the other thing is that democrats -- what democrats are going to do in the trump era, i think everybody on the democratic side, and they were taken aback by what happened in the november election. you're just starting to see democrats on the national level figure out what kind of case we

are going to bank on health care. we will be seen seeing that ine confirmation hearings for buy e going to start to see here democrats formulate a politics and policy idea for the trump era. >> jenna: it takes him back to what newt gingrich told us. i asked him about the accusations that there was a lot of chaos in this process. and he said, some people might call it chaos, but he is going to call it creativity. it just depends on how you look at it. jake, michael, great to have you both. thank you so much. >> jon: a fox news alert now on the deadly fort lauderdale attack, the shooter makes his appearance before a federal judge, santiago stands accused of firing -- gunning down five people, wounding six others and what he told investigators was a

planned attack. steve harrigan live in fort lauderdale with the latest. steve. >> jon, that shooter is in the courthouse behind me. heavy security all morning long. he arrived a few hours ago in a convoy of federal court vehicles. he races like lightning faces e of -- he could be facing life imprisonment or the death sentence as well. in the meantime, fort lauderdale international airport is up and running. this after hazmat crews were inside over the weekend trying to clear out the carnage from that shooting. more than 25,000 suitcases are you have to be returned to those thousands of people who fled in panic on friday afternoon. still a lot of mysteries in this case despite his cooperation with authorities, they have interviewed him for hours, but no motivating factor of the slaughter. he has given interviews, he says this was a planned attack. he meant to kill as many people as possible. he was taking head shots.

he had 15 bullets, and with those 15 he killed five and wounded six. one thing that law enforcement officials are not rolling out, any tied to terrorism. >> jon: steve harrigan, steve, thank you. we will have much more on the deadly airport attack including efforts to up airport security. >> jenna: u.s. navy destroyer fires warning shots in the persian gulf, a fallout from another incident on the high seas. plus information on the declassified report of russian hacking, why the wikileaks founder is blasting it. what the director of national intelligence has to say. more with that story ahead. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate

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i was during the manhunt for lloyd, wanted for shooting an orlando police officer to death outside of a walmart. they chased lloyd, and during that chase, a second deputy was killed. we will keep you updated on the very sad law enforcement situation underway now in orlando. >> jenna: switch to a fox news d an altercation involving around, firing multiple warning shots at iranian controlled boats in the persian gulf. this happen happened in a movee recent day the revolutionary guard has inducted their exercise. stimulating maneuvers shutting down the waterway in the persian gulf. they were seen speeding towards the destroyer, and failed to respond to any inquiries as they call it, he broke away after the u.s. navy destroyer fired the warning shots and speaks to tension in that part of the world. >> jon: right now, new

comments from julian assad, the hacking of the dnc emails, the wikileaks founder stands by his claim that the foreign governments was not his source. in just blasting russian hackin hacking. catherine herridge live from washington with more. catherine. >> well, thank you, jon. the founder of wikileaks towards us, taking questions from twitter. critical of the intelligence report released last week. vladimir putin in ordered a campaign to undermine the process as well as undermine hillary clinton in her process of winning. james comey, cia director are very confident that vladimir putin wanted to help trump win. mike rogers whose agency analyzes intelligence was only moderately confident. russian intelligence provided the storm an email to julian assad, and because of the self-proclaimed for the

initiation -- authenticity. -- he did so again this morning. >> wikileaks sources in relation to the emails and the dnc leak are not members of any government. they are not state parties. they do not come from the russian government. >> the u.s. intelligence committee also has a mandate to provide strategic warning. on fox news sunday, the head of the intelligence committee said that they failed to understand the significance of russian access that began in 2015. >> i publicly came out and said that this was the biggest intelligence failure since 9/11, our failure to understand vladimir's prudence planned for us. we know that russia is a very bad actor in the cyber realm.

many members of congress, not just the house have been warning the obama administration about russia's continued cyber attacks on this country. if they did nothing. >> the president and president-elect team as well as a senior intelligence has been briefed on the findings. at least one congressional committee was oversight, does request the underlying independent assessment of the findings. >> jon: sounds like he will be covering the story for quite some time. >> the paper college. >> jon: thank you. >> jenna: one editor becomes the subject of scrutiny t after emerging the journalist. he says caution calling president trump a liar. he is now raked over the coals because he said that. what is going on there? more on that just ahead. your insurance company

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>> jenna: a fox news alert, just want to keep you updated on what is happening in the state of florida, over the last several hours, a police officer that was shot, and the manhunt for the suspect, sheriff was killed, they are calling at a traffic accident in pursuit of the suspect. monday morning, as you know everyone up early going into work and schools. one of the headlines from the area is that there are 15 schools on lockdown in search of the suspect. you are seeing a police officer is holding a news conference,

updating the media, as to the current state of affairs, we will give you more information. the suspect, lloyd is very much at large. we will keep you posted. >> jon: right now, a proud moment newspaper editor is under fire for calling president-elect trump and other political figures for that matter are liars. the backlash raising new questions about media bias, here is the comment that started it all. >> if somebody says just an outright falsehood, do you say the word lie? is that important or not? >> i would be careful about using the word lie, lie implies much more than just saying something that is false, it shows deliberate intensity. >> jon: we will take it up with our media, rich lowry is editor of national review, and both of these are fox news contributors. thank you for being here.

tomorrow, to you first. what do you think about what troy baker had to say on "meet the press?" >> i think he is expressing the use of a lot of different editors, they are going to try to evaluate what politicians say if they do not think they are speaking the truth, they are going to find the correct word, substantiated, falsehood, sometimes it will be a lie, but the most important thing is that they are going to try to show evidence as to why they are making that charge, if somebody said they saw a muslim celebrating on television on 9/11, that is something that is easy to track. i don't think that it is necessary to have some kind of hard and fast rule about what words you use. >> he has taken all kinds of heat since making that comment from people like dan rather, hee says this statement from the editor and chief of "the wall street journal" about his paper will report on donald trump's potential future lies is deeply disturbing.

it is not the proper role of journalist journalists to meet allies by hiding behind semantics and -- we call it seller reporting when something is a demonstrable lie, it is our responsibility to say so soup. what do you make of that? >> not surprisingly, dan rather missed his point. they were making a correct point, the lie has a very specific meaning. it does not say something wrong or unsubstantiated, it means you had some intent to deceive. and on top of that lie is a real insult in our political discussion. i think it should be except for and really extraordinary circumstances, it should be limited to politicians and opinion type should be throwing it around instead of editors throwing it into headlines willy-nilly. that was almost exclusively as far as i could tell that word was directed at donald trump and

never at hillary clinton. that sort of gets to the deeper political agenda that is at work. >> jon: yes, it raises questions as to whether the political affiliation of the person in office determines whether or not they get branded with the lie word. >> are you sure that you never heard hillary clinton called a liar in this campaign? what about the server? and "the new york times" headline, is that what you're saying? both candidates were called liars many, many times. >> but the distinction is, opinion, politicians, they are going to hurl it around, what was different this time around, it was used in news stories and headlines and improvident newspapers. and almost always it was directed at donald trump, i did not see a new york times

headline about anything that hillary clinton said about her server. so i take a lot of people in the media, and certainly a lot of people on the left think it is the job of the press not just to fact-check, but oppose donald trump. that is something else entirely. that is wrong. >> jon: 23, if the president says you like your doctor, you can keep your doctor, and that is not the case, was he lying? >> yes, and i think there is a debate to be had about if he was lying or it turned out not to be true, it is the job of journalists to hold public officials accountable for what they say, and to compare what they say to the facts either at the time to prove that they knew what they were saying was false or as they turn out to be in the future. but i do not think, it is funny, that last comment in the dan rather quote, that was not something that gerard baker was disagreeing with when he said, he thinks somebody is telling a lie, he is going to say it, but

he will be careful about applying that word because it does have a specific meaning. >> jon: there does seem an intention to go to baker into criticizing trump directly. and he was pretty plain about saying, if we find trump or any politician is lying, we will not hesitate to use the word. you just have to be careful in using it. >> writes, and it goes to subjective state of mind. that is usually hard to determine. if you come up with an internal memo, politicians saying we know this is actually false, you should go out and say it anyway, that is clearly a lie. and of journalists have evidence of that, they should be reported as such. i do not think they should loosely hurl the word around, one. and two, use it against one side. i think we saw both of those in the campaign over the last year. it was a mistake. >> jon: fairly quickly, mara, go ahead. >> that is the problem with everything. everything gets overused and then becomes meaningless.

>> jon: interesting. good discussion, thank you both. >> jenna: authorities making arrest in a truck attack, or we should see an attack that killed forged soldiers. what police say about those in custody, there were people behind that attack. in a big gap in airports of security exposed by the mass shooting. what can be done to close it. ju? at red lobster's big festival of shrimp, ju? get your perfect pair for just $15.99. choose 2 of 6 new and classic shrimp creations, like bold new firecracker red shrimp. exploding with flavor? yeah they are. or try new creamy shrimp linguini, and new sweet bourbon-brown sugar grilled shrimp. flavors like these are big. and for just $15.99, they can't last. so hurry in.

>> jenna: a fox news alert on the story today, the unexpected florida shooter making his first court appearance, esteban, santiago open fire at a baggage claim, the location of the shooting rampage is now raising questions about our airport security. we have two great guests on this. former tsa director, and former security advisor for the state of new york. this is a big question today, tom. here we are on monday, what changes need to be made if i need to make us all save her? >> i think it is about changes in process and activity. what i mean by that is we have to have a fresh change in leadership, i am looking forward to general kelly taking over. he is really the most qualified nominee that has ever been set up. decades of hands on national security experience. if we really begin to look at what needs to happen, may be more law enforcement, may be

more cameras watching the public areas of the airports, the issue is who is going to really drive those changes through and demand that they will be implemented? >> jenna: i apologize, some breaking news. we will be right back to you guys in our moments. somebody important talking right here. >> jon: mitch mcconnell, speaking now about the confirmation process for some of donald trump's cabinet nominees. let's listen in. and as soon as we told you we would listen in, he finished speaking. so we do not have anything to show you. >> jenna: that's okay. let me go back to tom and mike, as he was mentioning, and i kind of cut you off. you do believe in the nominee for the department of homeland security. that is who we are really awaiting to see. i cut you off a little bit at the end, why do you believe him so much? why do you think it would bring some change that might be good for the department? >> i think that all of the

predecessors while distinguished people have been lawyers, this is the first time we have seen a bona fide national security expert who has posed or been proposed to take over the department. i think that will make a big difference when you conduct after actual reports, and make decisions as to what you should do. more law enforcement present, more dog teams present, more enhanced video surveillance and analysis and actually implementing it rather than letting some of these tragedies and what we learn from them, the aftermath, get lost into a hole of bureaucracy. >> jenna: your thoughts on that? been your expertise for a long time now. >> be focused after the 9/11 attacks on really securing the air side of aviation to make sure that people get on planes, we know who they are. we know what they are carrying. we prevent a 9/11 from happening. what we have not focused on, the curbside of the event curbside to the air side, they wait to

get on planes, they went to pick up their luggage. it is an area that we don't really think about, because by definition very transitory. but the attacks in brussels, and this incident highlight the fact that there is a vulnerability here. as tom said, maybe there are things we should look at, cameras, more security guards. it should be a simpler perspective that we should look at. a cop on the beat, and this is in our day and age, aviation is the target. it continues to be the target for the facts that do something bad. there is a vulnerability. why don't we take a different mindset that says in public spaces in the house high profile areas and secure areas, let's have cops on the pt. let's look at it as a stadium event so that we see who is there and who is not. >> jenna: i'm curious to think about what you think about that, tom. he maybe it has to do with local law enforcement, what do you

think? >> i could not agree more, i think that we should have the federal security directors who are tsa leaders that are in charge of the security programs who integrate the available assets, local police forces, state police forces, airport police forces and determine whether or not we could not do you precisely what has been proposed. get more cops into the public areas of the airport and there are federal assets that can be used, federal marchers could be redeployed. there are perhaps assignments for the public property spaces. i think that should be immediately looked out and evaluated. i think it is a proper approach. >> jenna: michael, i am curious when you talk about a transitory area, what makes the area where you pick up your baggage any different than where you are watching your kid play a baseball game for where you are waiting for the bus doing your commute must mark there seems to be of myriad of areas where what

you suggest a pie's. i wonder about manpower. >> a very big concern. could you augment private assets? that is one thing to look at. but let's take a look at what the target is, jenna. if you want to send a message of terra, where do you attack? you attack a visible area. nothing more visible than airports around the world. anything happens, people around the world take notice. this is the type of attack that you really cannot see coming because of how spontaneous it is. even though we don't know the exact motivation of the shooter in fort lauderdale, we do know that he had the opportunity to have a firearm in that space. perhaps it could've been a deterrent or an effective response if you had a patrol like atmosphere in that public space. >> jenna: interesting, great conversation and one that will continue. thank you so much. >> jon: happening right now, nine people in custody following a deadly attack in jerusalem.

authorities say a palestinian truck driver plowed into a crowd of israeli soldiers. killing four of them before he was shot and killed by police. logan joining us live with more on this story. >> is poorly placed have carried out more arrests overnight as you say, and parts of their ongg investigation. now, of those nine arrests, five are relative to the palestinian truck driver who drove that vehicle into a crowd of israeli soldiers. now police are near the home of the suspect. increased security in place in jerusalem particularly in that area where the suspect to live. police have been searching trucks and cars and putting up extra barriers. this is to prevent a similar attack happening. four people were killed, 17 injured when that truck rammed into the soldiers standing by the bus. israeli prime minister is now looking at a new style of attack.

authorities are still trying to figure out more details on how the attack was planned and who owns the truck. now, a previously unknown palestinian group is known for they attacked. they could have been inspired by isis, jon. >> jon: thank you. >> jenna: thousands are left without power, and possible parts of california and western nevada, heavy rain caused widespread flooding there. our meteorologist has the details for us now. >> unfortunately, more rain and snow on the way. it should be a good new situation, they have been in a drought for years across the west in southern california. too much rainfall, too much snow pack is going to lead to concerns of flash flooding, debris flow, avalanche risks. let's look at the last 24 hours. all of that moisture streaming in. we have delays at the airports in los angeles and denver as the snow and rain continues in. look at tomorrow. look at that wall of water that

is moving into central california up towards the northwest. this is a big deal, this is going to be a headline maker as we move to the next few days with 8-12 inches of rainfall, and maybe five, six, 7 feet of snow across the mountains. and again, this ultimately should be a good news story, it will put a dent in some of the drought, but the concerns will be flash flooding and debris flows, and you know the drill if you live in california. some of that moisture is actually going to make its way across the upper midwest and the great lakes with more snow and rain in the forecast. jenna, back to you. >> jon: trail begins in a story that made national headlines after meningitis outbreak killed thousands of people across the dash dozens of people across the country. now facing murder charges, our legal panel looks in.

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>> jon: new information on a story that sparked outrage across the country, testimony is set to begin and opening arguments are underway in the trial of the former president of a compounding pharmacy known for meningitis outbreak that killed dozens of people in 2012. here's what we know so far. 15 jurors will hear the case. he stands accused of murdering 25 people, and he could face life in prison if convicted. 64 people in 20 different states died as a result of the outbreak, another 700 were sickened. the illness traced to tainted steroid injections manufactured by the pharmacy that he ran at that time. he has pleaded not guilty. joining us now, jonas fillmore, criminal defense attorney, and heather hansen, trial attorney. heather, i will start with you. you are something of an expert on medical malpractice. i am surprised at the murder charges in a case like this.

are you? >> berry. john, it always makes me nervous when someone is charged with murder for making a mistake at work. of this is really what it was. there is a different between negligence, most malpractice cases are, and recklessness, reckless disregard for life. that is what the prosecutor has to prove in order to get these murder cartridges glickman charges to stick. i think it is a stretch, and i think it could be dangerous for other cases in the future. >> jenna: but you think there is a reason why prosecutors are going hard after this guy. >> yes, i'll concede that this is risky, and a little bit lofty on behalf of the prosecutors, but let's take a step back of the millions and millions of us who take drugs annually, the pharmaceutical companies, if they are left alone to cut corners in order to maximize the process as it is, they could wipe us out. imagine if you take an antibiotic annual drop dead because it has some sort of the same thing that this had.

a mold that wiped out 60 plus people. we cannot let the pharmaceutical companies get away with hiding these tactics in order to maximize their profits at our expense. so, i agree with the charging decision in this case. >> jon: we have to take a quick break, but when we come back with the legal panel, i want to talk about the issue of intent. did prosecutors know that he intended to kill anybody? that is coming up.

>> jon: before we get back to our legal discussion, let's check out what is ahead on "outnumbered" up ahead. >> members plan for president trump's nominees, democrats are complaining that republicans are trying to ram them through without proper

vetting, but in at the g.o.p. confirm that seven nominees of the day he was sworn in? >> plus hollywood rips mr. trump at the golden globes, fair game or just more sour grapes? >> all of that plus our hashtag. no, that is not santana in the off-season. >> jon: we will be watching, definitely. thank you. back to our legal discussion, a former prosecutor, heather hansen is a trial attorney. so this pharmacy co-owner and president charged with murder in 25 of the 64 deaths. do prosecutors have to show that he intended to kill someone? >> well, that is just a point. if they have to show that he had a reckless disregard for their lives. that is going to be difficult for somebody who had an administrative position. another gentleman on trial, he has more of a supervisor. by gas, jon. they have to prove that it was

not just a mistake, not simple carelessness, and went a step further that he had a reckless disregard for the lives of the customers. i think that is a very difficult thing to prove, i think it will be a huge stress for the prosecution. there are other felony is here, racketeering, fraud. of those i think are good charges, they may actually stick, this murder is just too much of a stretch. >> jon: i work in television, but i have no idea how master control works, that puts our signal out on the air, who's to say that he knew what the conditions were like or what was going into the mixes that his company were sending out. >> first of all, he is the captain of the ship, whether you know or not, you are charged with the responsibility of knowing, just like i am charged with the responsibility of knowing what my staff is doing. that is number one. number two, we have to remember this was not a case of a bug getting in the peanut butter at the peanut factory.

he is -- there is a pattern of covering up things that the governments would have otherwise found out when they going to do their routine checks. this company made its admission to cover it up so that the governments would not know when they could get away with cutting the corners that they cut. in that case, even though you can have 175 witnesses over two months of testimony. it might be hard to get all of the jurors are on board, but not impossible. i would feel safer as a human being who has to occasionally take an antibiotic if they do go to jail for this. >> jon: there were other co-owners, the majority of them that's paid a civil charge, paid a fine. but they are not being charged criminally, heather. >> that is the thing. usually these cases are civil cases, to bring this into a criminal court, and so really what they are doing here is a guy who may have made a mistake at work, sure. to make that into murder is to create a very dangerous thing. when i make a mistake at work,

the repercussions are not as great. when somebody like a pharmacist or a doctor makes a mistake, it is life or death. these are terrible outcomes. the prosecutor is focusing on the fact that this is a terrible thing that happen. happened. was it murder? jon, i do not think they can prove that. >> jon: but you think that they can. >> i absolutely hope that they can, you have to remember this is a federal murder. so under that statute, they defined what is first-degree murder, this is not. and second to degree is a catchall. when you take that law and you combine it with these facts, i think it is possible that 12 people are going to come back with a murder charge. it would be unprecedented, but very necessary. >> jon: thank you both. >> thank you, jon. >> jon: we will be back in a moment.

>> meghan: >> jon: one of the te will be happening in the second hour of "happening now," we will

see you back here in an hour. >> jenna: "outnumbered" starts right now. >> harris: fox news alert, the inauguration just 11 days away, the republican-controlled senate is in a race to fill the presidential cabinet. this is "outnumbered," i am meghan mccain, harris faulkner, republican strategist and fox news contributor, lisa boothe. and we welcome back judge andrew napolitano. judge, you are "outnumbered" ." >> andrew: i am happy to be outnumbered. where were you? am i allowed to say. >> meghan: i was someplace very fancy with my boyfriend. >> andrew: about 2000 miles away. >> meghan: i am very happy to have one lucky guy on my day back. center senate republicans were - want to move fast.