peaking penny so she can see next door, all is right with the neighborhood. seeking solutions for peeking penny. thanks for inviting us into your home tonight. fair, balanced, and unafraid. >> martha: breaking tonight, 82 days in and it is election time again folks. a vote in kansas tonight that has political players like vice president mike pence and ted cruz working overtime here. polls are about to close. this is mike pompeo's old seat. were going to tell you why it may be a 2018 red flag. ♪ good evening everybody prayed on martha maccallum welcome to "the first 100 days." today, the president takes on two of the most feared dictators on the world stage. and he came out swinging. first against north korea's kim jong-un. watch.

>> we are sending an armada, very powerful. we have submarines, very powerful. far more powerful than the aircraft carrier that i can tell you. and we have the best military people on earth and i will say this, he is doing the wrong thing. >> martha: then, bashar al-assad of syria. >> frankly, vladimir putin is backing the person that's truly an evil person. i think it's very bad for russia but, i think it's very bad for mankind, is very bad for this world. but when you drop gas or bombs or barrel bombs, these massive barrels with dynamite and they drop them right in the middle of a group of people, in all fairness you see the same kids, no arms, no legs, no face. this is an animal. >> martha: we all know the president means action when it

comes to these things. secretary of state rex tillerson, this is landing moments ago are a couple of hours ago in moscow earlier today. for sure, this will be a fairly tense standoff there. russians got a decision to make basically to side with assad and with tehran or to get on board with the united states. tonight, a great lineup to react to these explosive comments by the resident. former speaker of the house of newt gingrich and campaign manager, to them in a moment that we begin in moscow. special correspondent who is with rex tillerson in russia. >> good evening martha. secretary tiller's and is in moscow. tomorrow morning, he meets with russian foreign minister. the challenge for secretary tillotson, find a way to ensure of the applicable future of syria excludes president bashar al-assad. his approach? convince russia to help. >> russia has really aligned itself with the assad regime,

the iranians and hezbollah. is that a long-term alliance that serves russia's interest? or would russia prefer to realign with the united states with other western countries and middle east countries who are seeking to resolve the syrian crisis. >> russia and the united states have spent the better part of the last week condemning one another. just a couple of hours before secretary of state rex tillerson arrived in moscow, russian credit win president vladimir putin denied that assad had used chemical weapons. he said he wanted the united nations to perform an investigation of who was responsible for last week's chemical attack and he said he has intelligence that shows that it was somebody who framed the assad regime. secretary of state rex tillerson has said that there is no doubt that assad was behind the chemical attack from last week. despite the rhetoric back and forth, the u.s. and russia say

they plan to try to find ways to partner and work together on, but they both also say they're making it more difficult with their actions over the past week. martha. >> martha: here with more on this, former speaker of the house newt gingrich. former fox news contributor and author of the new book "treason." good to see you tonight. very strong words obviously from president trump for these two dictators prayed where we heading here? >> i think the president has made the decision that north korea after all these years of neglect is perilously close to having nuclear weapons within their continental ballistic capability against the u.s. i think is also made the decision that after a year of being lied to him, were both president obama and secretary of state kerry claim things that were just plain false that assad really is totally unacceptable. this is a change for the president because i don't think he wanted to be drawn into these

kinds of problems as early. i think he wanted to focus on job creation. but he's got a great national security team. i thought secretary tillerson was perfect when he said look, either the russians collaborate and knew this was happening whether russians were duped and they're just incompetent. but they have to choose one or the other, and i think that second tillerson is going to be very firm tomorrow and say to the russians there is a path forward where we look work together but that path cannot include assad and new, the russian state, have to decide which team you're on. very telling by the way, and the entire world, the only countries that publicly objected to the president hitting syria were syria itself, iran, north korea, and russia. nobody else. so vladimir putin has to feel a little bit isolated at the moment. >> martha: it's an interesting strategy whom, and as you just pointed out, it is quite different from what we heard

from candidate donald trump on the campaign trail. let's watch this. >> the people opposing us are the same people who weave -- and think of this -- who wasted $6 trillion on wars in the middle east. we could've rebuilt our country twice read >> martha: this is very different in terms of the focus that were seen from the president now will, who talked about wasting $6 trillion and he also talked on the campaign trail about saying imagine if we use that money for infrastructure in the united states? wire we bombing these areas we could be rebuilding our own roads, he said. what changed? >> two things. first of all the case of north korea, i think you got some briefings that were very sobering about how big a threat north korea has become. we also just saw the dictator of north korea killed his half-brother by using a paid assassin. we also saw about a month and a half ago kill his uncle in. this is a very dangerous regime. i suspect the president's view in that sense has changed.

in the case of assad, i think people need to realize how much donald trump as a father, as a grandfather loves children, especially loves babies and how shocked he was by the footage and frankly unlike barack obama, who kept telling us how he was going to lead from behind but accomplish nothing, donald trump is a guy who of its time to leave, he is going to lead. he sat down with people like general mattis and general mcmaster and secretary tillerson and said what are our options? depicted very carefully. he didn't start putting troops in the ground. he didn't start another war. he used very directly targeted attack by tomahawk missiles. he's also sending a signal that if they do it again, he's going to hit them even harder. >> martha: you are to be city that draws a parallel between president reagan's action in 1981 in libya and what president trump has carried out here. >> i do a regular -- two

newsletters a week, we publish them to foxnews.com, and my point was i remember when reagan replaced carter, carter had been very, very weak, the soviets did not respect him and the libyans have got a line of death, and reagan said to the u.s. navy, what happens if you cross the line. they said we can handle about, will shoot them down. so we cross the line, they launched two aircraft. we shot both of them down. what really shocked the news meeting, they said to reagan, did they wait when they shot him? they said no, this is a direct quote in. they said we have an agreement. if we shoot them down, i get to sleep. if they shoot down, you wait. that was such a shocking change from jimmy carter that it just stunned the kremlin. same thing just happened. eight years of barack obama being afraid to act decisively just got replaced in one evening

by a donald trump was quite prepared to take decisive steps. do it interesting. we'll see what comes next. newt, thank you very much. joining me now, former campaign manager for hillary clinton has been listening to our conversation tonight. of course obviously, very strong statements on the part of the president on everybody's mind across the country because everybody wants to know where were going next with all of this. your thoughts? >> i think it is hit the nail on the head. where are we going? you mentioned that donald trump had said during the campaign that we shouldn't be involved in foreign conflicts in this way. i'd actually go a step further. donald trump repeatedly tweeted that president obama never to intervene in syria in any way whatsoever. now he's doing that an exit with ben concerning to me over the last 24 hours as were hearing more and more stories that it may have been his daughter that inspired him to do this will, his son was out, don, jr.,,

who's not a representative of the u.s. government anyway, discussing foreign policy, if he did represent the government, we are this weekend the secretary of state was saying that regime change in syria wasn't possible. we are nikki haley at the united nations say it was about regime change. we are donald trump on the campaign trail. >> martha: i think that those comments and did sort of draw people's attention, but i also see what's been happening in a very practical way when you look at who's around the table and you see henry mcmaster, you see general mattis. i think it's pretty clear that these decision-makers are the people that he has been relying on own and i think it is what most clearly would explain the change we would see in the way he looks at the world because these are very big issues that he is taking on.

in terms of not letting it stand anymore, what assad is doing with killing innocents, which is been going on for five years over the course of the obama administration, do you think president trump was right to take action finally? >> i think that a lot of people are encouraged that a gas attack like this is getting a response, but again, i want to revisit something you just said. donald trump's son said today that was his daughter who convinced him to do this. his son-in-law wasn't dmartha: t ivanka trump is making foreign policy? based on what we talked about in terms of who we know them, do you really think -- is that a serious concern? >> i don't know. i don't know who's in charge and again, the individuals that were actually confirmed by the congress are saying very different things all the time. so we don't know what's happening. >> martha: i want to go back to one thing. you tend to get caught up on a lot of things here.

i asked you a very clear question. you think it was the right move for him to launch those missiles we could go friday? was at the right move? >> i said earlier -- you keep interrupting me. i didn't hear you interrupting speaker gingrich very much. i'd like to finish my point. when i was saying was i think a lot of people are gratified that we don't know what the endgame was in the point i was just trying to make to you is that there is an enormous violence and famine going on in the horn of africa near the middle east or to the united nations has said is the most serious humanitarian crisis since world war ii. is donald trump going to start interviewing there when he sees the pictures of children starving and being killed there? we need to know what the endgame is. we need to know what the strategy is. and nobody is telling us that. and again as i said, the secretary of state, the representatives of the united nations, the president's daughter who is an employee of the united states government and a son who is not arousing very different things. the president to be a strong

leader as he is being called here, he needs to be clear about what he's doing. >> martha: thank you. that's your opinion and i think some people feel like there seems to be a lot of support. syria is one of two countries that thought it was a mess action on his part but i do think it's very valid as you point out and as i pointed out to see where were going next on all of this. it got to leave it there but thank you very much. good to have year tonight. so another foreign stand facing the president tonight as north korea threatens a nuclear response after a u.s. navy strike group was redirected toward the korean peninsula. mark jason and marie harper here on that next. plus polls about to close. another election. it's in kansas and it could be the first real test of trump is him and america. how is it faring 82 days in? are chairwoman robin mcdaniel and bill bennett coming up with

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rated pg-13. [ screams ] >> martha: new concerns over escalating tensions between the united states and north korea. after the united states redirected a navy strike group including our aircraft carrier and, the uss carl vinson towards the korean peninsula. amid concerns of possible weapons testing, north korea now responding with a warning of a nuclear strike of project vote. president trump though undeterred stating in an interview that north korean leader kim jong-un is "making a big mistake." mark jason, american enterprises scholar and marie huff, both are fox news contributors. welcome to both of you. i want to put up on the screen does tweet that came earlier from president trump that says this. north korea is looking for

trouble. if china decides to help, that would be great. if not, we will solve the problem without them. usa, he says and there was another one up there as well that you got a look at at home but it was of the same tone. pretty strong words from president trump on his mark. >> absolutely and look, the difference we have here is that unlike barack obama, he enforced the redline in syria. when president obama failed to enforce that redline, he reverberated not just in syria but across the world and protected a message of weakness that spread from moscow. he enforced obama's redline for him in it within 63 days, took decisive action, sent tomahawk missiles to take out the site, a limited strike that took out that site and that sends a message now across the world when you project strength, with the aggressors have to recalculate what the united states is willing to do and how far it's willing to go in order to defend its interests? so i think it makes conflict less likely because we were able

to take that action in syria that president obama wasn't willing to do. >> martha: it comes to following this with the chinese leader and i'm wondering what these very bold moves what they discussed? >> i'm wondering that too. we haven't heard a lot of read out from that meeting so hopefully as of said before on the show, they really focus on north korea. but to mark's point, one strike doesn't make a strategy. my question now is how far is president trump willing to go to stop north korea? there is a lot of military options that are possible, but none of them are particularly good. there are double medic and economic options which are much more effective if we can get the chinese on board. i'm not sure that conducting diplomacy by tweets, especially when you're dealing with a madman running north korea is something that we should be doing, but i really would like to know what is a strategy for north korea, what are we asking the chinese to do, and what will we do of the chinese don't act? >> martha: these threats have been escalating over many years

at this point, and it's interesting to me, mark, that marie poses the question what's president trump going to do next? he is going to leave as an open question and it does seem to try to be a -- it's changing the dynamic because it does have some people back on their heels wondering what he will do next and perhaps that isn't such a bad thing. i heard from mary also a litany of reasons why you can do anything to change the situation for quite a long time. >> the answer is i'm not going to tell you. that ambiguity is in america's interest because we don't want north korea to know what were going to do. we don't want china to know what were going to do. china's more likely to do what marie said which is important. we need china to be resolved equally because china put the screws on north korea. they're more likely to act and do things. her president, my president, bill clinton all try to get china to put the pressure on north korea and none of us -- none of them were terribly successful. to be president trump will be more successful because he took

that shot that syria while the president of china was sitting there at dinner with him in malabo. at that sends a message a china that if you want to do this peacefully, we want to do it peaceably, we need your help. >> martha: reminds me of some ways of richard nixon, this feeling in the world that people weren't quite sure what he would do next and his state department sort of did the diplomacy behind the seas, we have tillerson doing that now and you are with the state department. is there sort of a good cop bad cop for lack of a better term going on here that may be effective or might sort of refigure things to where they might get some openings to make some changes that might things a little bit safer in the world? >> i think it's really too early to tell and then there are sometimes benefits to unpredictability. if you're unpredictable in the world stage, i think there are sometimes benefits of that. i also think that to some of our allies and partners, it can look erratic. when you're talking about south korea, the people that are

the closest to north korea, who have the most threat coming from them, sometimes i'm not sure they look at what president trump has done and feel comforted by the fact that he seemed to change his mind about foreign policy and an almost daily basis. having conversations privately even if they're not protected to the world, i hope they're putting the strategy in place for what comes next. >> martha: thank you very much. good to see you guys. new details tonight, a title ix case out of texas that is getting national attention now after the accused college student took his own life in. his father is now suing and the family's attorney joins us here exclusively tonight, important story with implications for a lot of schools around the country. and there are the polls on the left-hand side of your screen. here we go again. kansas has a special election tonight for a seat that was opened up when mike pompeo took over as head of the cia, but in our publicans are kind of concerned. as a tight race. how will it play out? we will take it they're coming

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>> martha: breaking tonight, you are looking at a polling station in wichita, kansas. polls are about to close there tonight is a very closely watched special election that some see as a test case for how republicans will do in the age of president trump. president even putting his name on the line to make sure that this seat stays in g.o.p. hands. joining us in a moment, mcdaniel, the chairwoman of the republican national committee on what this outcome will mean for the party and bill bennett, former education secretary under president ronald reagan and what it means for trump is him as we say. but we begin with chief national correspondent ed henry. >> the first time the agenda of president trump is really on the ballot, reset should be a slam dunk for republicans but they're sorting it out a bit tonight. it's the battle in kansas to replace the cia director mike pompeo in congress, district the president carried by 27 points in november, suddenly republicans have been spending

little by a couple, only leaving by single digits. so republicans rushing to his rescue, senator ted cruz brought in yesterday for a last-minute rally while the president has had automated phone calls urging voters to get out in the polls and the president of course is been tweeting. now, there were some republicans were saying calm down. that got this. at the school could be wrong like many were wrong in 2016 and the high-level maneuvering by the president, senator cruz is just insurance. the republicans are also a little nervous about the main race to replace health and human services secretary tom price in congress. it is also usually very firmly to the g.o.p. but youreful not e results in one special election. republican scott brown winning the special election, the late senator ted kennedy, that was a political earthquake that hinted at major problems for president obama, took ten

midterms. however in 2012, president of course was reelected. scott brown lost at sea. >> martha: thank you. so now mcdaniel, she is the new chairman of the revoking national committee pretty good to see you. what's your take on this kansas race? >> i'm optimistic. ron estes is a great candidate. the president has gone to kansas and said i need someone to come to washington and help me govern and do the things that i promised on the campaign trail. i need to partner here and that's going to resonate. the democrats have one message wishes the party of no and obstruction right now i don't think that's the winning message. >> martha: is interesting because estes is the treasurer under the governor and some people think any uncertainty for estes may be coming more from unhappiness with governor brownback then unhappiness with president trump, right? >> the special elections are always unique to the states and what's going on within the

states and their specific dynamics. but the president has made a very clear, i need people to come to washington right now and help me govern. help me accomplish the things that i set forward for the american people, and i need ron estes to join me here in place of mike pompeo who did such a great job. >> martha: he has put himself on the line. it will be a reflection on whether or not that worked in the selection. but there's also a story about tax reform that was done understand brownback and that there weren't enough cuts to the state budget. so could it be that there is a little bit of dissatisfaction among establishment republicans who felt like -- they felt like they're going to get tax reform in kansas and they didn't get what they thought they were going to get. >> that state dynamics obviously playing, but they're looking at their congressional district and who they're going to some to washington and i think the president rightly shifted the message and said hey, i need congressional numbers. >> martha: you have 100% confident that estes is going to win this. >> i'm optimistic. >> martha: what about prices seat in georgia because the president cherry picked some of

these important spots and took these guys out of congress and now they cease need to be filled. >> it's really interesting race in georgia. you've got one democrat who the has totally coalesced around them. they put $8 million into his race and you got a really exceptional publican failed, about six or seven great candidates in our field that could get through to the runoff. so you're saying all those votes, for that democrat early. were going to be pushing through election day as republicans make up their mind as to who is best suited to take on that important seat of tom price. >> martha: you'd be less concerned and imagine if president trump's approval numbers were higher. he's been stuck in the 39-40% range. that has to be a little worrisome. >> rear 88 days and i think there's time. the president has made it very clear, i'm coming to washington to fight for the american people. he is already focused on jobs and deregulation. which is put forward one of the

best supreme court justices i think in history, judge gorsuch and a new saw him take decisive action in syria. supporters are going to have time to look at his presidency, but it's important that he has people who are coming to washington here focused on helping the people and the democrats have one message right now, it's obstruct and no. they're making a political calculation and they're there to govern. >> martha: everyone's going to be watching on close sides of the aisle. so here now, bill bennett, host of bill bennett podcast inform educational secretary and fox news contributor. good evening. >> good evening martha. >> martha: listening to all of this, trump is on the ballot so to speak in kansas. how do you think that the theory that got president trump elected is holding up in the country 80 something days in here? >> it's hard to know. you can't really draw a generalization from specifics and kansas as he wisely pointed out has its own dynamic. there have been books written

about kansas, what's wrong with kansas? why is this happening in kansas? of course, there are contentions here between the governor republican and other republicans in the state. so we'll see. unless the result is overwhelming one way or the other, i'm not sure how much it tells us. let me guess which is that the trump supporters and there are a lot of trump supporters not distract are saying over glad we elected this guy, we wouldn't go another way of the election were held again, but would like some things to pick up. would like to see some progress in health care reform and other things. now which way people then vote could depend upon how much weight they put on either half of that. my guess is the republican will win out of this and we shouldn't draw too much in. but you remember the greeks looked at the entrails of birds and predicted the future. this is a little like that. >> martha: we do pretty much the same thing. >> i know we do. no analysis is too small for us.

>> martha: exactly. in terms of big picture, you look at this president who has turned his attention in such a strong way towards these dictators that really nobody's been able to take on and confront and doing that with them pretty strong language so far and with some tomahawk missiles that made a pretty strong statement not too long ago, are you surprised at the turn that his focus has taken given the importance of jobs and the economy that people talk so much about in their support of this president? >> yes, i am. i am surprised about it. i couldn't analyze it. i hope he comes back to those concerns and i am a little worried about this international situation. because that guy in north korea is crazy. he's a lunatic, and he's got his hands on weapons, nuclear weapons. anything can happen. now if something does happen and he tries something, the unit six would put him in his military in its place. but the president needs to come back to what the promises were and this is a bit discordant

from what he said during the campaign, which is america first. we will look at things in terms of our national security interests. you can make a case from the heart as i said last time i was with you for doing something when they're in syria. but you can't really make the case in terms of national self-interest. for the people tried, smart people try. i do think it really work spread i understand it as a signal it's important to say i'm not obama is important, and to say most importantly america's back. we are strong, where the united states of america, do not mess with us. >> martha: i think that is the strongest part of what we are seeing and it's almost like consumer confidence. you send a message and it does have ripple effects in terms of how the dispatcher or the standing of the other countries that face you, and clearly that missile strike sent a wake-up call to a lot of countries. where do we go from here?

that's a concern, and that's the work he's got cut out for him but it does change the tone, does it not? >> it does. but something like 100 years of polling i was reading the other day when people were asked was the single most important characteristic for president, they said firmness, strength. and i think you see that in donald trump and boy, did that come into sharp contrast the other day. even the liberals were saying we've gotten past the weakness of obama. by the way, i agree with one of their negative and obstructive. the third thing is they're cursing a lot. the democrats are cursing a lot which is not a profound political enterprise. >> martha: good observations always. thank you so much. loss of woodstove as always. bill bennett, thank you very much. so new questions tonight over the media's blind eye to the revelations that former obama administration advisor susan rice spied on trump campaign officials. the george washington law professor jonathan turley penned

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harvey: america, let's do lunch. narrator: drop off a hot meal and say a quick hello. volunteer for meals on wheels by donating your lunch break at americaletsdolunch.org. >> martha: this evening, new questions over the media's handling of revelations that former top obama administration advisor susan rice or to the intel community while she was still there and to expose the names to peel off the masking from these trump campaign officials. it was supposed to be for national security interests although that reason has not become clear. so she denied that she had any knowledge that those names were asked to be unmasked in, then she admitted to that part of it but said i was at the leaker of those names to the press. she got a almost complete pass from most supporters on this and that caught the attention of our next guest, who wrote this. "the loss of objectivity and the

response to the rice story reflects a broader problem of the press focusing so hard on trump that it is losing sight of its own bearing." jonathan turley is a professor at george washington law school and nationally renowned constitutional scholar and frequent guest of our spread we welcome you back tonight. this article caught our eye. why do thing that happened? why do you think the press turned a blind eye to this revelation in the story? >> we've seen a lot of this. it's quite surprising. i've been very critical of things that president trump has said about the media, because in some cases is been unfair. but the media seems to be rushing to fill every stereotype of these tweets. there are so focused on debunking the trump administration that there debunking actual stories. the rice controversy is a real story. we don't know what the motivations were. we don't know how far it went on, but in her first interviews

with the network after she had denied any knowledge about unmasking them, the networks didn't ask her about that statement that was made only a couple weeks before in this second of interviews. not one said, but you're saying something diametrically opposed to what you just told national media not two weeks ago. that would seem a natural starting point for the media. i think the media is really in danger here. something of a faustian bargain. they struck the steel to go after donald trump, will there really fulfilling what he saying about the loss of objectivity. >> martha: is a symbiotic relationship in some of these safe zone media outlets that she goes to where she knows she's not going to get tough questions like that and that's probably exactly why she's there. in some ways and, a similar sort of thing happen today there were some comments -- a comment that was made by sean spicer during

the news conference today about a comparison of hitler and essentially saying that assad was doing something that was in some way more egregious than what had been done there. he walked back several times, came right out, made an apology said he should not have said it and corrected it. watch this exchange because the sled all three nightly news cast this evening. it led them despite the north korean news and other bigger serious story. watch. >> why did even make that comparison to hitler on gas attacks, 6 million were killed. >> i was obvious they try to make a point about the heinous acts that assad had made against his own people last week. i mistakenly used an inappropriate and insensitive reference to the holocaust for which frankly there is no comparison. for that i apologize. it was a mistake. >> who are you apologizing to? why bring hitler into it? they do not know that there were gas chambers? >> hopefully all of us can move on. is it over now?

>> martha: i guess is not over. they're going to keep asking the question. what you make a lot today? >> this is the problem. it's not that that comment didn't deserve criticism. it was a dumb comment. and he had to walk it back. but the media seems to be fulfilling oscar wilde's advice that the only way to be rid of temptation is to yield to it. and so they are eating their dessert first every evening. they're going for these kill shots on gaps and other things when there is real news out there. the problem i think is at the media is not engaging in any sense of self-awareness or appraisal. and that really worries me. the media is under a lot of stress now in terms of sustainability. this is not the time where they want to lose that objectivity. >> martha: thank you john. good to have you tonight. so coming up tonight, title ix was supposed to protect college students and students across the country but critics of an obama era rule say undergrads virtually forfeit their

constitutional rights when they step on that campus for four years. one such case out of the university of texas arlington led to a suicide. the shocking details of this tragic story are straightahead. stay with us.

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>> martha: big story tonight in a title ix case out of texas as an obama era rule meant to protect college students takes heat for doing just the opposit opposite. a new federal lawsuit points to a young man who was one quarter shy of graduating and then ended up tragically taking his own life. trace gallagher takes us through this disturbing detail live from our west coast newsroom tonight. >> title ix has been law in this country for 45 years and ensure it prohibits sexual discrimination in any school or college that accepts federal funding but in 2011 the department of education under president obama issued the now famous and dear colleague letter, which reinterpreted title ix and dictated precisely how colleges would adjudicate student on student sexual assault allegations. for example, investigations and rulings will be limited to 60 days. instead of clear and convincing evidence, colleges would use a preponderance of evidence, which is the lowest standard of proof.

defendants could no longer cross-examine their accusers and accusers who could appeal a not guilty verdict to amounting to what many legal experts say is double jeopardy. the dear colleague guidelines also lead to allegations including the case last may of thomas kaki, a student at the university of texas arlington. he was a straight male accused by a male student of writing anti-gay comments on his computer and calling him anti-gay slurs. he said it was the accuser who made unwelcome sexual advances toward him and because those advances were rejected, he said the accuser made up the story about sexual misconduct. we ended up being charged with two violations, was told he could be expelled and a few days later took his own life. but a lawsuit against the university now claims that he never even got the lowest protections under title ix in saying that a title ix coordinator was never informed of the allegations and that

thomas never got a hearing and therefore never had a chance to present witnesses in his defense. the university of texas won't comment on the lawsuit except to say it followed all policies and procedures and we should note the trump administration is still assessing how to address the dear colleague guidelines. >> martha: we hope that they will look into it. thank you very much credit is a very important story. joining me now on an exclusive, the attorney did thomas parents, kenneth. thank you very much for being here. obviously this family is distraught, heartbroken over the loss of their son. in these cases where a person who is accused on a college campus, we see time and time again the person who was accused has essentially no right to defend themselves on a college campus, correct? >> thank you for having made. in this case in particular, thomas had no chance whatsoever to even mount a defense, let

alone to have a fair process. and the consequences as just stated were absolutely devastating. he was distraught by the occurrence of the accusations, his inability to defend himself and ultimately the devastating impact it had on his life. >> martha: the media told that he could not go to that class anymore. this is what we see in many of the is harassment cases. the person who is accused basically is cut off from their life even though they have not had any due process, any opportunity to argue their own side of the story anywhere. >> that's absolutely true and in this case, he was not only pulled out of the class and unable to continue to receive the information in the class an and, get expected to take exams et cetera, he was unable to even talk to anybody in the class even if his intent to talk to them was to ask them what they saw the day of the incident that took place in the classroom,

which in effect denied him any opportunity to find a witness in support of his position. >> martha: we hope because we get a number of stories on these title ix cases that the trump administration secretary of education betsy devos will look at the is the dear colleague letter's will try to create a system that is more just for both sides because we live in a country where you're innocent until proven guilty, but what is your one bit of advice for them? almost out of time, to a college student of their accuser someone like this on campus, what to advise him to do? has to go first, take an accusation in and of itself very, very seriously and understand that the stakes of not doing seo and not finding out what your rights are and how to protect those rights can be absolutely devastating. if you don't act to protect them. so we encourage students to involve their parents and seek legal counsel. that's the best they can do. >> martha: thank you. we'll continue with this and be right back.

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>> martha: we are just about out of it. thanks for joining us tonight on "the first 100 days." tomorrow, we'll be back with the next. today 83 is tomorrow. have a good night. watch that kansas race. bill o'reilly is straightahead. see you tomorrow. >> "the o'reilly factor" is on. tonight. >> we've limited the syrian chemical weapons program. all of these steps have helped to keep us safe and help keep our troops safe. >> bill: president trump said he inherited a mess from president obama. some of that is political but some of it is not. tonight, will analyze the danger the commander-in-chief is facin facing. >> the time is overdue to develop a new screening test for the threats we face today. i call it extreme vetting. >> bill: the president's order to suspend immigration from six unstable countries now goes to another federal court. will mr. trump win this