let's sit down and let's pen something out and let's see how we can go forward. one last question. ma'am? >> can i get you to clarify your question about the budget. there's so much confusion about this. when you're saying the president is interested in outcome and you come from an academic environment, is the president saying the labor department has evaluated all the existing programs that you are recommending cutting grants or work place support for young people, seniors, agricultural, adults who have been displaced. are you saying you've evaluated all these programs in recommending they be cut because they are not working or because the president merely does not want to spend the money? >> so, as you pointed out, i come from an academic setting so let me try to answer the question by analogy. it used to be that the question of whether a university or how to -- is doing well was a function of how much the

university spent. and in florida you're seeing questions like, what is your graduation rate? how many students that are graduating are holding jobs? and so you're seeing a focus on outcome as opposed to spending. and the.that i was trying to make and i'll reiterate, is that we tend in washington to simply say how much more money can we spend on something rather than let's think outside the box and try to solve a problem. and i think we owe it to the american taxpayer that is ultimately footing this bill to focus less on how many we spend and more on whether, in fact, the problems are being solved. so thank you very much. >> thank you very much, mr. secretary. as we get back to today, i wanted to take a moment the

acknowledge the three service members that were killed this weekend in afghanistan. the incident is currently under investigation. but our thoughts and our prayers are with the families of these american heroes who lost their lives in this tragic event. as the secretary said, it's workforce week here at the white house so that's going to be a major emphasis for the administration. we're also moving ahead on several other items on the president's agenda. today the department of agriculture releases guidance for american beef producers preparing to ship u.s. beef to chinese markets for the first time since 2003. as we announced last month, as part of the u.s./china 100 day action plan that followed up on the president's meeting with president xi, china agreed to reopen the $2.5 billion market to american ranchers and cattle producers before the market was closed, the u.s. was china's

largest supplier of beef, providing 70% of its imports. the actions by the u.s. department of agriculture today are an important first step in the process of reopening this market to american businesses. tomorrow the vice president will be speaking at the department of health and human services about the continuing death spiral of obamacare and why we need to keep our promise to the american people and repeal and replace it with a patient centric alternative as soon as possible. this weekend the president was in wisconsin. the president will be there tomorrow, where he met with every day americans, their plan, doctors and a lot of their hope for this failing law. as the vice president said on saturday, president trump will never stop fighting for those families who are facing impossible choices every day as their premiums and deductibles continue to sky rocket. the president's tax reform team is continuing to hold meetings and discussions both at the principle level and staff level as we work toward a consensus

plan that will deliver middle class tax implication for everyone. secretary mnuchin and gary cohn continue to listen to members of congress from both sides of the aisle. director cohn will lead a listening session on tax reform with auto industry leaders later this week. these meetings have been incredibly productive and we believe tax reform is on track for the president to sign later this year. the three pillars of inf infrastructure, tax reform are key to a booming economy. the administration will work every day to turn the president's promises into policies. on friday the president's commission on combatting drug addiction and opioid crisis will meet here. the meeting will be open to the public through a live stream on white house.gov. president trump will welcome india's prime minister to the white house on june 26th. he looks forward to discussing ways to strengthen our ties

between the united states and india and advancing our common priorities, fighting terrorism, promoting economic growth and reforms and expanding security cooperation of the indo pacific agreement. before i take your questions i want to wish the 41st president george herbert walker bush a happy 93rd birthday. i hope he has a fantastic day in celebration. with that i'll take your questions. >> thank you. on your india announcement, the president in his speech to the indian american economy said if elected he would be the best friend of india ever in the white house. what steps does the president want to take in the next four years to implement his promise to india? >> well, i know the president and the prime minister have had a number of positive phone

conversation and expect to further that discussion when they meet in person june 26th. as i mentioned whether it's economic growth, reform, fighting terrorism, expanding cooperation as major defense partner, u.s./india trade has grown from $19 billion to $115 billion in 2016 and the indian economy is growing at over 7%. u.s. energy and technology, including natural gas, are helping build prime minister modi's vision for a new india. i think you can expect the two of them to set forth a vision that will expand the partnership with a way of both countries. >> thank you. you talked about the beef arrangement. is that beginning today? can you flush out a little bit more about it? i understood there was going to be an announcement from the usda. where are we in the process? >> the u.s. department of

agriculture will have many more details on the pro-sphoefrbsing forward, but the announcement is coming from them today. i think the announcement is coming today. >> the president said and you quoted we'll have the full report saying there's legislation being drafted on anti-dumping. the 232 process goes to congress anyway. was he referring to additional legislation or the 232 review that you already initiated as reported by secretary ross? >> secretary ross should have a further update on the 232 review later this week. when that comes out, there are certain recommendations that we will make to congress to enact anti-dumping provisions. i think there will be recommendations to congress to follow up on how to rectify some of the problems. >> couple questions for you. does president trump have audio recordings of his conversations and meetings with james comey? >> the president made clear in the rose garden that he would

have an announcement shortly. >> do you have any timeline on when that will be? >> when the president is ready to make it. >> on the attorney general, from the per spebive of president trump, what role did jeff sessions play in the firing of james comey? >> i'm not going to discuss private conversations between the president and the attorney general. >> sean, if when jeff sessions tphfs tomorrow, do you believe he should invoke executive privilege on conversations between himself and the president? >> it depends on the scope of the questions. >> in any way did jeff sessions folks at the doj ask for the white house's permission in essence for him to testify publicly tomorrow? >> i don't know the answer to that question. i know congress generally speaking sets the, whether a hearing is open or closed based object the sensitivity of the subject. >> is the president okay with him testifying tomorrow?

>> i think he's going to testify. we're aware of it. we'll go from there. john? >> the president seemed to indicate that he thought it was a mistake for jeff sessions to recuse himself from the russia investigation. he said it would be to the contrary. what does the president think about the fact that sessions will be testifying tomorrow? according to the department of justice, wanted to testify in open session rather than closed classified session. >> i think the president's been clear last week in the rose garden that he believes that the sooner we can get this addressed and dealt with, that there's been no collusion, he wants this to get investigated as soon as possible and be done with it. >> if i could ask you about the other headline. state of maryland, district of columbia filing a lawsuit against the president. >> right. >> seeking rulings on two points in a clause in the constitution. rnc thinks this is bogus.

what does the president, what's the white house perspective? >> the president's interest as previously discussioned do not violate the clause for reasons that length that the justice of department filing enumerate in their friday night filings with respect to the crew lawsuit which was the first one. this lawsuit today is another iteration of the case that was filed by that group crew filed by the same lawyers. so it's not hard to conclude that partisan politics may be one of the motivations behind it. the suit was filed by two democratic attorney generals. the lawyers driving the suit are advocacy group with partisan ties. it started with a press conference as opposed to filing it which is interesting. the suit challenges the business transactions that everyone from penny pritsker and others have engaged in while in office. i think we'll continue to move to dismiss this case in the normal course of business. >> i wanted to just -- two questions. but first why leave open this

question about whether there are tapes? don't the american people, do they deserve to know whether comey was lying to the senate? i mean, why leave this question open? >> i think the president made it clear what his intention is on friday. >> it's an open question. >> i understand that. he said he would answer that question in due time. >> to follow-up speaking of lawsuits for the 9th circuit, this came out and they upheld the block of the travel ban. any response to that? >> we're currently reviewing that opinion. i think we can all attest that these are dangerous times and we need every tool at our disposal to prevent terrorists from entering our country. it's fully awful lawful and will be upheld by the supreme court. >> two questions for you. i want to follow up on the tapes issue. the president does have evidence that the fbi director lied under oath what is he waiting for?

>> the president made it very clear that he would get back as soon as possible on this and his position on that conversation. >> what is he waiting for? what's the delay? >> he's not waiting for anything. when he's waiting to further discuss it, he will. he laid out his position very clearly on friday. >> travel ban, second question. you obviously responded to the 9th circuit ruling. that ruling also took the president's tweets from june 5th on the travel plan despite your statements that it seems the president's tweets are official statements. given that measure. given the travel ban is a priority for the president, how is it that the president is not putting his own agenda in danger when it comes to his twitter habits? >> the bottom line is noted, cases should be decided on the rule of law. when you look at the -- when you look at what the law is in the u.s. code allows the president to do what he is doing, that's what we're deciding on. any lawyer worth their salt 100%

agrees that the president is fully within his rights and his responsibilities to do what is necessary to protect the country. >> this is a different question. >> olivier. thank you. >> sean, what is the president's reaction to the russian government's crackdown on anti-corruption protests today? >> in general or with respect -- >> i assume that will be part of the overall answer. >> i think the united states strongly condemns the detention of hundreds of peaceful protesters throughout russia that happened on june 12. detaining peace protesters and journalists is an afront to core democratic values. the united states will monitor the situation and we will call on the government russia to immediately release all peaceful protester, the russian people like people everywhere deserve a government that supports an open market place of ideas, transparent and accountable governance, equal treatment under the law and the ability to

exercise their right without fear or retribution. >> president mentioned on the isis review, has he made a decision about changing the policy. >> we have an update on his schedule, we'll let you know. francesca? >> you said the president wants to see this russia investigation and all these investigations wrapped up. he said on friday that he would be willing to testify under oath. did he say when he would be willing to do that? is it before congress goes into recess? >> he was specifically asked whether or not he would talk to director mueller an he made it very clear that he would. >> sorry. i want to be very clear. he's not saying he would go before congress? >> i do not know. i have not had a further discussion about that. i know what he said on friday is exactly what he believes. >> do you have confidence in director mueller, sean? >> thank you, sean. two questions. does the president have a

reaction to the vote in puerto rico yesterday, the nonbinding measure calling for statehood as the first choice for the people there? >> this matter is something that's going to be determined now that the people have spoken in puerto rico. this is something congress has to address. so the process will have to work itself way out through congress. >> my other question was, there are widespread stories and speculation when the president goes to miami this friday, he will undue the executive orders from the obama administration that eased relations with cuba. can you confirm whether he will undo all of them or some of them? >> good try. i will say that when we have an announcement on the president's schedule, we will let you know. but stay tuned. we have a very busy week. an ambitious agenda. >> following on some of the

stories over the weekend in england, when the president signs off on a foreign trip, how much does he factor in his personal popularity in that country? >> none. since you brought it up, just so we're clear on that, her majesty extended an invitation. he's accepted. we look forward to scheduling that trip. there's nothing that was scheduled and we look forward to working out a mutually acceptable date with the united nations and looking forward to sharing that date with you. thank you. have a great monday. >> afghanistan update? >> melissa: with the white house briefing wrapping up as we get a new ruling on the president's revised travel ban. 9th krecircuit of appeals is upholding the decision to block the order. hello everyone. i'm melissa francis. the labor secretary also taking to the podium if you were

watching there, to address the administration's plans for jobs and work force development and more experienced based education. this as the attorney general jeff sessions gets ready to testify before the senate intelligence committee in an open hearing tomorrow. chief white house correspondent john roberts is live from the briefing room with the latest. and, john, it really seems like this is the new format. they're gonna bring out somebody to try and talk about a program. he still got hammered with questions. i don't know how well informed those questions were, in my humble opinion. but what's your take? is this the new pattern? reporter: it's the white house trying to keep the agenda going at the same time all this other stuff is swirling. the thing that is swirling is jeff sessions testimony tomorrow. there was talk that he might do it in a classified session. according to the department of justice, quote, the attorney general has requested that this hearing be public. he believes that it is important

for the american people to hear the truth directly from him and looks forward to answering the committee's questions tomorrow. now, you might remember that not too long ago, the president seemed to think that it was a mistake for jeff sessions to recuse himself from the russia investigation. the president was asked about it and said he thinks he should probably continue with the investigation. the president, according to sean spicer, who i asked the question of a short time ago says the president believes the sooner we can get this addressed and dealt with, there's been no collusion, he wants this investigation as soon as possible to be dealt with so he can get on with the business of the american people. he seems to be interested and okay with jeff sessions appearing tomorrow before the intelligence committee in an open session there, melissa. >> melissa: interesting. john roberts, thank you very much. now to more on our other big story. the 9th circuit court of appeals ruling against the administration's revised travel ban as the supreme court considers the petition to lift

the nationwide injunction currently blocking the temporary freeze on immigration. let's go to dan springer who is live in seattle to sort all of this out. i guess not a huge surprise considering it's the 9th circuit. reporter: 9th circuit. also, all three judges on this panel that heard the case in seattle were appointed by president bill clinton. so all three appointed by a democratic president. you can see the writing on the wall. this ruling takes a little different legal tact. all the other circuit court rulings and the federal court rulings have looked at whether this is a muslim ban. looked at whether it violated the establishment clause of the constitution. but this ruling didn't even look at that. it looked at the immigration and nationality act and whether or not the president had the authority to do what he did. on that score, the court wrote the immigration and nationality act does give immigration for the president is not a one person show. the president's authority is subject to certain statutory and

constitutional restraints. the executive order exceeded the scope of the authority delegated to him by congress. remember, the argument from the trump administration has been they have the legal authority to do it and they're doing it to protect the country. second full screen, the president must make a sufficient finding that the entry of these classes of people would be, quote, detrimental to the interest of the united states and these judges then went and looked at report issued by the tkep of homeland security which essentially said that citizenship is unlikely to be a reliable indicator of potential terrorist activity. in other words, melissa, these judges looked at the authority given to the president by congress to manage the borders and decide who to hrelt into the country and for whatever reason to bar them. the judges said the trump administration did not fulfill the obligation of that statute and this would not be detrimental to the country to let in the people from these six

majority muslim countries. >> melissa: so where does it go from here? >> as you mentioned now we have the appeal by the trump administration on the 4th circuit court of appeals ruling, that they have asked the u.s. supreme court to weigh in. legal experts have said when you have competing circuit court rulings the likelihood of the supreme court taking up that case is increased. so in other words, now we have two fuelings in the 4th and now the 9th that go against the travel ban so it may be less likely the supreme court will take up this appeal. and just one thing you heard sean spicer in the briefing say that the president still stands behind this kpeufrbgt order. he believes it is lawful. they are reviewing the ruling, but they believe that it does make the american people safer and that barring people from these six countries is, in fact, within the authority of the president. melissa? >> melissa: dan springer, thank

you. let's bring in chris stirewalt, editor of "the halftime report." chris, let's start with the travel ban. seems like the administration goes away and they solve the problem that was raised or an attempt to solve that problem, dial it back again what was written in the last opinion. they just come up with a new reason why that's not gonna work. i feel like it's ground hog day. where am i going wrong? >> now we're not even fighting about a travel ban. or a refugee ban. we're really fighting about executive order. the original rational for the ban on refugees was that they needed time to -- they needed four months to put extreme vetting into place. now the amount of time they said they needed to have extreme vetting put into place has passed. we're not even fighting about that. we're fighting about, does the

president have the power, does he have the authority under the article i authority of the president of the united states, to forbid entry of certain classes of people into the united states? does he have that power? and that's really what we're fighting about. we're not fighting about what's in there. we're fighting about that broader constitutional question. >> melissa: does it go all the way to the supreme court? do you think that's what's happening here? >> one of the reasons that presidents who always again want to expand executive power are leary about test cases and challenges especially when they start off like this one did, is that you end up actually having your power reduced rather than expanded when you push it. of course, the bad situation for this president and his successors would be, get a ruling out of the supreme court that basically says, nah, bro, you can't go there. if that's the case, the president finds his powers curtailed rather than expanded. >> melissa: it will be interesting. he's never one to back down from a fight. let me ask you about jeff session and tomorrow.

so what do you think happens there? he's smart, he's careful, that's his forum. what's your best reaction there? >> this is a good move by jeff sessions, both politically speaking and just from a human decency point of view. don't hide. as you said, two decades in the united states senate. an able witness. that he shows up and, yearn not behind closed doors. he doesn't go, i can't tell you, it's so sensitive i can't talk about it. let's talk about this in public. let's get this out of the way. that's part of the reason he had to recuse. there was no question he had to do it. you can't be the head of an agency that includes an investigation into you. >> melissa: right. >> even if he was a little part of the trump campaign, he was still part of that campaign. so, of course, he had to recuse. that means he can sit and be wide open with these folks tomorrow and say, i don't know, that's why i recused. over to you, bob mueller. >> melissa: absolutely.

chris stirewalt, thanks for breaking it down. >> you bet. >> melissa: a fox news alert. we heard alexander acosta take the podium to address that administration's planned work force development. it seems to be emerging as a bright spot for president trump, the economy that is. let's take a look at some key indicators. the s&p500 is up more than 12%. just since the election. unemployment has reached a 16-year low. economic growth in the coming years expected to reach 2.3%. we can do better than that. more robust growth than the 1.6% that it grew in 2016. joining me jerry willis. i was ringing my hands and gnashing my teeth during those questions. they do not understand at all how an apprenticeship worked. i talked to so many ceo's would love to go over to the junior college, set up a program to

teach people to do their job. it doesn't cost anyone anything. but there's too much regulation. where am i going wrong? >> you're not going wrong. i thought the most interesting fact out of that press conference on that very topic was people in these programs were making more than four year college degree people entering the work force for the first time. you have to pay $60,000 for a college degree. you don't have the diploma, but you're making more than somebody who does. what is wrong with this picture? i don't know if you have a plumber. i have a plumber. that guy does very very well indeed. there's no shame in that. i mean, it's a great living. if that's what you want to do. we have an idea one size fits all. college degrees for everybody. that's not necessarily the best way to go. >> melissa: it's not what everybody wants to do. there's all kinds of jobs. there are very well paid high tech jobs about 5 or 6 million sitting because we don't have

people who have those skills. every place you work now has an i.t. department. everyone needs help with that. we don't have enough people training to do that. you have to start at a younger age. it's one of the questions -- forgive me, those reporters sounded so stupid. it was driving me nuts. they said things like, you know, you won't make any money, they will be low scale jobs. maybe not everybody doesn't know what they want to do at a young age. so they should go for a liberal arts degree? >> low paying compared to living with your mom or dad under their roof waiting for a job to open up? working at starbucks part time until you get that ideal job? none of this makes sense. look, a four year degree does not buy you a job. people need to be more savvy, more intelligent, more smart. that's one of the things i find about this administration that is so inspiring. they can be practical. practical. it's a good idea. people will get ahead. they will make more money and

the economy will grow. what a fabulous thing that will be. >> melissa: i talk to so many ceo's. the things that hold them back is the regulation in terms of setting something up in a local school, getting that approved. that's what stopped them. you would hope this administration could cut through that. >> they're working towards it. they got rid of $3.6 billion of regulation. more to come. their experts think this is one of the things they know how to do an they can do, operating from the administrative side of the card. we've got a long way to go. frankly, you have to have the participation and the cooperation of so many players in society. not just the administration. but also local schools, state governments, you name it. it's going to take a lot of cooperation. but wouldn't it be fantastic if young people could get ahead and get ahead early? not only are you not paying for that four year degree, it's not holding you back. you can put your money to work.

put that money to work earlier and faster. >> melissa: the companies are thrilled to do it because they need the workers. some players say that's endentured servitude. i was calling the questions stupid, not jerry. you're off the hook. thank you. appreciate it. attorney general jeff sessions to testify in an open session in front of the senate intel committee just 24 hours from now. what can we expect? will it be the same fireworks that we saw at the comey hearing? we're going to debate that. an incoming congressman learning his fate from a judge over charges of body slamming a reporter. >> i'm sick and tired of you guy. the last time you came here, you did the same thing. get the hell out of here. last time you did the same thing. taking the ancestry dna test is really quite simple. it comes in the mail, you pull out the tube and you spit in it,

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>> he believes the sooner we can get this addressed and dealt with, that there's been no collusion, he wants this to get investigated as soon as possible and be done with it so he can continue with the business of the american people. >> melissa: white house press secretary sean spicer wrapping up today's believing just minutes ago, discussing tomorrow's testimony by attorney general jeff sessions before the senate intelligence committee. jessica charlov senior director

of research at buckle.com. mercedes schl ra app is a former spokes person for president bush. mercedes, i'll start with you. they have these hearings. one side thinks it's going to resolve everything. the other thinks it will be another log on the fire to confirm brighter. what do you think? >> i do believe it's another log on the fire to continue the political circus here in washington. you know, but i do have to say, i think for attorney general session, it's a very smart move to go public with his testimony. i think it is very clear that he wants to show transparency. he wants to answer the questions in dealing with even comey. because what we saw last week in comey's testimony was a man who obviously wasn't strong enough to face up to the president. wasn't strong enough to push back on loretta lynch. it's very clear that sessions could have an opportunity to

state what he knows and also clarify possibly why they moved forward on the personnel issue of firing comey. >> melissa: jessica, is there anything jeff sessions could say that would have democrats say, there's nothing here, we're moving on, we're done? >> no, no. there are no nothingburgers to come out of this, for sure. >> melissa: a nothing burger out of anything, no matter what it is. >> we all love burgers, right? i think what democrats will be looking for, two key issue. one, for him to discuss the meetings he had with ambassador kisliak that he failed to report and what potential role he played in the firing of james comey since he was supposed to recuse himself altogether. push back a little on mercedes testimony of james comey. democrats are saying this is the end, impeachment is upon us. republicans are saying he wasn't under personal investigation. hey, did you see loretta lynch over there? but the truth of the matter is there's a lot more to the story.

i'm not a democrat who talks impeachment but there are a lot of key actors like mike flynn, jeff session, paul manafort, carter page, that we need to know about their involvement with the russians during the campaign. >> let me push back on you. session, when the story came out about this may flower event which the aides didn't even know the russian ambassador was there. it's very important that this is why sessions wants to clarify his record. >> melissa: hold on. hang on. we'll save it all for tomorrow. i'm sure we're gonna watch it all. let me ask you about this case at this school in wall township, new jersey, where somebody went in and photo shopped a way the president's name and these photos to the left and right. left is the real picture. right was the thing that the child was surprised to see or the teenager in his year book. you can see it there.

on the right they did a lighting change. >> got a little photo shop. i mean, jessica, what's your thought on this? >> so unbelievably crazy. i mean, tipping the scales here. first of all, talk about a time when you are supposed to be teaching people about the first amendment. this is not anything offensive. this was not hate speech even though that would be protected. i sends a terrible message. the school should have never done it. now they created a news cycle off of it. >> it was terrible. >> melissa: the school said they are going to discipline the person that did it. it wasn't school policy. they're saying this is not our policy. but it does speak to this idea that people who are against the president are just feel like even his name is sort of hate speech and they feel like they can go way over the line and do stuff to a sitting president that was never acceptable in any

other administration. what do you think? >> there's definitely a double standard. if the student would have been wearing an obama shirt, that never would have happened. i do believe these schools sometimes and some of these school officials, they cross the line. they bring their political bias into these schools. i have an incoming freshman in high school and i worry. obviously her parents are involved in conservative politics. it's very clear that i want her to be able to feel that she could freely speak up in her school and have an opinion. i think that's the type of environment that we want in the schools. you want a jessica and mercedes together in a room being able to have these discussions. i think it is healthy for our democracy and shame on these schools and school officials who are basically silencing conservatives and republicans in our school systems. >> can i just add beyond the cuteness that would be baby jessica and baby pher saydy, i do feel like there may have been similar things going on during the george bush era.

there was hatred about the war mongering. i'm not sure this would have been the first time. still liberals at fault. but you're totally right about the obama shirt. >> melissa: thank you. that was fun. change for a montana congressman elect after he pleaded gill toy a misdemeanor assault. greg gianforte ended up in a court room after attacking a roert last month. you remember that. a judge originally sentencing him to four days in jail but later changed his mind. william longeness is live to explain the whole thing. tell us about it. reporter: this is a big surprise. there was a lot of confusion in the court room. the judge said lot of people will either see a congressman go to jail but he fell that was inappropriate in this case. gianforte faced up to six months in jail for this assault which he plead guilty. in light a 50-year-old republican man's involvement the judge initially gave him four days in jail but he could serve it working two eight hour days

for the sheriff, usually the guys in jump suits that you see picking up trash. then after a side bar the judge changed his mind giving him 40 hours of community service and 20 hours of anger management. >> i just want to say i'm sorry. if and when you're ready. reporter: that was to the reporter that he got in a scuffle with. so in court he made a short statement. he apologized for body slamming ben jacobs, grabbing his neck, breaking his glasses. jacobs took the stand. he described what happened to him. said he accepted his apology and grateful for the donation he got. after the hearing, gianforte said everyone makes mistakes and he wanted to move on. >> i look forward to putting this behind me. i have apologized to mr. ben jacobs. he has accepted my apology. i'm grateful for that. i look forward to going to work in washington. reporter: as for the judge's change of heart, he said

something about jail space but then this sentence didn't take up that space because it didn't call for an overnight. bottom line, gianforte is off to washington. he could face discipline there by miss colleagues or not. >> melissa: quite a story. thank you. for the first time prosecutors in a pennsylvania court room are playing part in a very disturbing surveillance tape. or playing part of it. showing the final moments of this fraternity pledge's life. we are live at the courthouse. bill cosby's defense team rests its case and decides not to put him on the stand. will this help or hurt him? our legal panel tackled both sides of these cases. phone with our allstate agent,

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♪ i love ya, tomorrow in the largest heart failure study ever, entresto helped more people stay alive and out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto. it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren. if you've had angioedema while taking an ace or arb medicine, don't take entresto. the most serious side effects are angioedema, low blood pressure... ...kidney problems, or high potassium in your blood. ♪ tomorrow, tomorrow i love ya, tomorrow ♪ ask your heart doctor about entresto. and help make tomorrow possible. ♪ you're only a day away. >> melissa: fox news alert. preliminary hearing under way in the penn state hazing case. 18 students are charged in the death of 19-year-old fraternity

pledge timothy piazza. he died from his injuries when he fell down stairs after being forced to drink extreme amounts of alcohol in a hazing ritual. today hearings focusing on surveillance video from the night. we have more from the center courthouse in pennsylvania. reporter: this preliminary hearing is under way right now where the judge will essentially decide whether or not this case or this trial should continue against 18 penn state fraternity brothers who are facing charges stemming from the death of timothy piazza. for the first time the prosecution is playing a three-hour edited version of surveillance video from some 12 cameras that were inside the fraternity house showing in detail the harrowing last moments of timothy piazza's life on the night of february 2nd into february 3rd. he died february 4th from a fractured skull and shattered

spleen. prosecutors say he should or would likely be alive today if his fraternity brothers had called for help sooner. instead they waited 12 hours likely making his injuries worse. the video is being played as detective david fishiatano narrates for the court. the video allegedly shows piazza along with 13 other pledges participating in a speed drinking hazing ritual called the gauntlet. piazza seen stumbling throughout the house. he repeatedly falls down and hits his head. shows pledges sitting on his legs, all while he is visibly distressed. at one point a fraternity member is insistent on getting medical attention but that member is thrown against the wall by another brother. piazza's parents are in the front row visibly distraught. at one point the father cried as photos were seen of his son lying in the hospital bed in

those final moments. as for charges these are 18 fraternity brothers. looking at nearly 1,000 charges. eight are facing aggravated assault which is the most serious of the charges. that's up to 20 years in prison. the other two are facing lesser charges alcohol violation and evidence tampering. melissa. >> melissa: brian, thank you. for more i'm joined by a criminal defense attorney and troy slaten criminal defense attorney and a former prosecutor. eric, i'll start with you. what do you think happens from here now? they've had this hearing. what happens? >> this case will go forward into a trial phase because this is the type of evidence that every prosecutor dreams of. this is the gold at the end of rainbow. when you have several hours of video that show which fraternity members were there, who hit, who kicked and most importantly in this case who did nothing because this is not only about who did something, but, melissa, it's about who did nothing.

who didn't call police. who didn't render aid. who didn't call an ambulance. they are all possibly going to go to prison. >> melissa: troy, i'll give you the other side. what would you say in defense of those 18 that are involved in this? >> well, i am a former prosecutor, but now a defense attorney. i'd have to say that there is a certain point where personal responsibility has to take hold. his blood alcohol level was four times the legal limit. so nobody, there's no allegation that he was being held down, his mouth was being held open and alcohol being poured down his throat. so he decided to become intoxicated to such a degree that he was no longer able to care for himself. but we also can't prosecute and shouldn't condemn every single person who happened to be in the house potentially in their room. not every single person is

responsible for this tragic death. >> melissa: maybe something -- hazing rituals have been going on for as long as i can remember. maybe something will finally change on that front. leo the bill cosby trial going on. eric, they decided not to put bill cosby on the stand. what do you think about that? >> i knew that was going to happen. if bill cosby got on the stand all 45 or 50 women could come and testify as far as his prior acts and they'd say what bill cosby just told you was a lie. what the prosecution has, they have a very tough case with constand. she said she did not have any type of contact with bill cosby after it happened, but then there are over 40 phone calls from her to him. that really goes to her credibility. i would not be shocked, melissa, if this was a hung jury or not guilty verdict. >> melissa: wow. troy, do you agree with that? >> it's very dangerous to blame the victim here. there's no tbgs book. there's no exact way that a victim of sexual assault is

supposed to act. if all those 45, 50 victims did come in to testify, we'd probably hear 45 or 50 different ways that they reacted to bill cosby. this was a professional woman that had professional aspirations. even after bill cosby allegedly did these things, she wanted to use him to further her professional career. >> melissa: yeah. all right. >> let me clarify something. >> melissa: we gotta go, guys. thank you very much. we appreciate it. >> thank you. >> thanks melissa. >> melissa: chilling video showing the dramatic moment that police rescued a woman who was chained inside a storage container by a convicted serial killer. we've got that story next. you know what's awesome?

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>> melissa: police just releasing dramatic video showing the rescue of a woman last fall who was locked inside a storage container by a convicted serial killer. trace gallagher is live with more. trace, all i can say is wow. reporter: i gotta tell you, melissa, this is like a script from a horror film. it happened in spartansburg, north carolina. they went to the property to investigate a sex crime. when they arrived they heard banging from inside this storage container. after using saws and hammers to break into the container, they found 30-year-old kayla brown chained up inside at the neck and the wrist. kayla brown and her friend were hired by the suspect to clean his house. when police rescued brown, they asked what happened to her friend? here's what she said. >> do you know where your buddy is? >> he shot him. >> who did?

>> he shot him three times in the chest, wrapped him in a blue tarp, put him in the bucket of the tractor. i have never seen him again. reporter: the victim went on to tell police not only was her friend dead and buried but that todd cole said he had other bodies buried on the property and, in fact, police later located two other bodies. when they arrested cole, he said he chained the woman inside the container to buy some time to figure out his next move. he told police he was punishing kayla brown and her friend because he thought they were planning to sell heroin and he's got a bone to pick with drug dealers. not only did he confess to killing kayla brown's friend, he confessed to six other murders dating back to 2003 when he said he walked into a motorcycle dealership and killed four people because he said they were talking trash about him. cole has now been convicted of murder and kidnapping and been sentenced to seven life terms. he did tell police that he left

juice and snacks inside the container so that kayla brown wouldn't starve to death. melissa. >> melissa: trace gallagher, all right. wow. we'll be right back on that note. in an accident. when i call usaa it was that voice asking me, "is your daughter ok?" that's where i felt relief. we're the rivera family, and we will be with usaa for life. so find a venus smooth that contours to curves, the smoother the skin, the more comfortable you are in it. flexes for comfort, and has a disposable made for you. skin smoothing venus razors.

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>> its got to be the shoes. a pair of worn nike sneakers -- sorry. converse. selling for over $190,000. why would someone pay that much money for a pair of 30-year-old converse kicks? because the shoes were worn by basketball legend michael jordan in the 1984 olympics. jordan scored 20 points in the 96-65 win over spain. woo, that's a lot of money. former president jimmy carter proving he's still a man of the people. the georgia peanut farmer taking the time to shake a hand on every passenger he took from atlanta to the nation's capitol.

his warm gesture took off on social media. every person. all right. i'm melissa francis. next, jon scott in for shep. >> suing the president. the d.c. and maryland attorneys general accusing president trump of violating the constitution. ahead, the accusations and the defense. the u.s. attorney general, jeff sessions, set to testify in public tomorrow. senators are expected to have a lot of questions about the russia investigation and the james comey firing. many say the president should answer once and for all whether he has recordings. and first daughter, ivanka trump talks to fox news and life in american politics is more vicious than she anticipated. >> i was not expecting the