>> see you at 3:00. have a great day, everybody. president trump in a moment will sign an executive order, so we will have that for you as well. we will see you later. ♪ >> jon: a fox news alert, investigation into the targeted shooting of republicans which left house majority whip steve scalise in critical condition. i am jon scott. >> heather: and i am heather childers. this time yesterday thought he would be okay. >> jon: the reports are different today. >> heather: the president and vice president both visiting congressman scalise in the hospital. his injuries are worse than first reported. the bullet hit internal organs. the doctors expect them to make a full recovery. the attack lasted ten horrible minutes and injured ten other people. one witness describing the scene. >> they started shooting at me, i was pinned down in right field, at that point i got

struck in the leg and made a run for it, i was running for my life. got into the dugout, i was bleeding pretty badly, but i was just trying to keep my head down, keep everybody's heads down and prevent anything else from happening. we didn't know what was going on, there was a lot of uncertainty and we were just trying to stay alive. >> heather: in the meantime we are getting more information about the gunman who was killed, when capitol police officers returned his fire. 66-year-old was a bernie sanders supporter they had several run-ins with pulleys and a long history of lashing out with republicans on social media and recently relocated to the virginia area. chief intelligence correspondent catherine herridge is live for us with more. >> thank you. they blew the suspect got to the virginia area as early as march and says he has been living out of a white cargo van.

speaking to fox 5 in d.c., the mayor said he saw hodgkinson on a regular basis near the ball field nothing seemed odd. >> i didn't know where he lived, he said yeah, just moved to the area. he may not have even offered up where he lived, and i didn't bother asking. he said yeah, alexander is a really nice place, i like it here. >> heather: a facebook page bearing the suspects name shows photos of bernie sanders and anti-trump rhetoric reading "trump is a traitor, trump has destroyed our democracy, it is time to destroy trump and company." at this time the atf is tracing two weapons, a shotgun and a rifle, as the neighbor of the suspect tells fox an incident in illinois last march that only stopped after police were called in. >> he pointed the rifle toward the center of the timber backs there and started shooting across the field.

there was a high-powered rifle, i thought good grief, there are houses over there. >> heather: to lawmakers at the ball practice described how the suspect moved methodically and systematically across the >> when you say he was hurting you into one spot, explain that. >> there is only one entrance into the park and once your they are, you are on the side of the fence and the only way out is through the first base dugout so he starts down on the left-field line along third base and starts shooting. we run towards the exit, we run towards the dugout and you try to take cover. the speed fbi remains the agency that is focused on the timing and the motive. >> heather: catherine herridge, life for us, thank you. >> jon: and the aftermath of the shooting, calls for unity

from both sides of the political aisle. >> i ask each of you to join me to resolve to come together, to lift each other up and to show the country, to show the world that we are one house, the people's house, united in our humanity. it is that humanity which will win the day and it always will. >> i pray for barack obama and i continue to pray for him and i pray for a donald trump, that his presidency will be successful and that his family will be safe. it is about family. >> jon: and that same speech, nancy pelosi said she agreed with the speaker of the house, paul ryan on something and she said you won't hear me say that very often. will this bipartisanship last? joining us now, carol lee. is that a possibility? could the bipartisanship that has broken out on capitol hill

last more than this week? >> we don't know. as you look back historically, the answer would be no, it won't last. we've seen at moments like this before where there is some sort of tragedy that unifies the parties and has all politicians talking more civilly and then a couple of days go by or a week and everything is back to business as usual. the question here is whether this sticks and for how long and that that's going to be up to the parties and the leaders on capitol hill. and the president. the political rhetoric has been heated for quite some time. everyone is talking in these much more unifying tones right now, eventually the democrats and republicans will have to get back to business and they'll start debating issues again.

that unity that we are seeing now tends to be fleeting. >> jon: i read one piece yesterday that noted that after these well-publicized shooting events, there were cries from the democrat side of the aisle for more gun control, new and improved gun control here that hasn't really happened this time in the speculation was that it was because it was a member of the legislative body that was shot. >> if you remember gabby giffords was also a member of congress when she was shot and we saw a similar kind of a softening of tones and there is a much different demeanor in the debates were a little more civil, but again, that was fleeting and it didn't last. arguably, it's only gotten worse since then. >> jon: steve scalise, and in worse shape than we had originally been led to believe. the doctors have said he will

make a full recovery. what happens to his job in the meantime? will there be someone taking over as temporary whip or will he return to that job eventually wears a it so tuned to now? >> it's too soon to know, but certainly, we've heard some republican leadership that they are going to continue to do their work and i think everyone right now is focused on him and when he'll be back. >> jon: let's turn our attention to one of the other big stories in washington right now. reports that special counsel robert mueller is widening the russian probe and is looking into whether president trump tried to obstruct justice. this is a report in "the washington post." again, it's a bunch of anonymous sources talking about this. just give us your thoughts on the possibility of going after the nation's chief executive for obstruction of justice.

>> in some ways, it's not surprising that director mueller would be looking at this because the president had set this up when he fired the fbi director comey and said that's part of the reason for his firing, was related to this russian investigation. that was compounded by revelations that he had some private conversations with director comey and some of his top intelligence officials where some of them felt that it was inappropriate or he was trying to apply pressure. this is one of those situations where for republicans, this is frustrating because they see it as a self-inflicted wound by the president. that was a separate peace and now this added peas by the president's own doing. and we've heard republican leaders say that the president should just step back and let this unfold and that his best

vindication is going to be if he allows the investigation to proceed in a thorough way and takes a step back from that. that's not the president clearly wants to do. he's been tweeting this morning and saying that this is a politically motivated witch hunt. believe that. >> jon: as president, if one of his underlings or former underlings were convicted in a court of law, he has the power to pardon that person. how is an obstruction of justice if he says to the fbi director go easy on mike flynn? >> that's what they're going to be looking into, but it certainly is unusual for any president to be involved in or speak publicly about any fbi investigation. we saw that with president obam president obama. the white house was very careful to not talk publicly about them or be seen in any way is

intervening. this is highly unusual. you have a president who sees an investigation and what happened in the election as a something that has been targeting him and politically motivated against him and it's really crowded his presidency in a way that no one could imagine. >> jon: again, quoting from that "washington post" piece, five people briefed on the interview request speaking on the condition of anonymity because they were not authorized to discuss the matter publicly and on and on and on. as of the leaking continues in washington and that is a huge frustration to this administration. >> they've continued to focus on it. we are reporters, reporters like leaks. that's what we do. what we hope for is that. this is been extremely frustrating and you see them continuously point to leaks as part of evidence to back up their claim that this is a

politically motivated investigation and that there are people who are politically driven to undermine the president. >> jon: looking at the politics of it, there were a lot of people who thought loretto lynch might have said to jim comey, we're not going to prosecute hillary clinton. that would be politically motivated and that could be seen as obstruction of justice and that's what the president, president trump complains about, that he feels he is being held to a different standard. >> he does. he also had felt to step back since his come into office, if it's not daily, it's weekly that there is some new revelation and it's really tight his hands in terms of him being able to keep his focus on his own message for his weight how to push his agenda on the capitol hill. in some ways, the president often will make news or insert

himself or say things or tweet things that keep this as a focus instead of doing what his white house would like them to do. >> jon: his tweets can interfere with its own messaging. carol lee, thank you. >> heather: just end, the appearance of an american college student recently released from a north korean prison, speaking out this morning about their son, auto warm beers medical conditions. >> my wife cindy was at otto's side this morning as she has been since the moment he returned to ohio. she wanted me to tell you that she knows otto as a fighter and we've firmly believe that he fought to stay alive through the worst that the north koreans could put him through in order to return to the family and community he loves. >> heather: allison is with us in ohio.

>> otto's father spoke to a packed room. he held back tears as he spoke about his son that he described as sweet, loving, and kind. he also said he was wearing the same jacket otto wore at his north korean trial in 2016. >> it's real that our american son is on american soil, we are in the school that he thrived in and i'm able to talk to you on otto's behalf and i'm able to wear the jacket -- go >> there's still a lot we don't know about warmbier's condition. a spokesperson for the hospital currently treating him says he's in stable condition. >> i can tell you that today at the university of cincinnati medical center, otto is in stable condition, but he has suffered a severe neurological injury. >> when warmbier landed late

tuesday night, , and ambulance t him on the tarmac and took them to a cincinnati hospital. otto warmbier traveled back. he allegedly stole a propaganda poster from his hotel. >> do you believe -- he's not even a member of the church that he was accused of stealing a banner from. >> a state department official says he informed the u.s. of warmbier's condition claiming he was in a coma for a year. otto's father confirmed that as well here today, but also says he doesn't believe anything the north koreans have to say. >> personally, north korea is a pariah regime, they are brutal and their terroristic. you can't believe anything. it's your choice, we don't believe anything they say. we see the results of their

actions with otto. >> he says the president called the family last night to check on everyone. we expect to get a more complete update about his medical condition from doctors later this afternoon. >> heather: allison barber live. >> jon: if you watch that extraordinary news conference from fred warmbier, otto's father, he gave an awful lot of credit to the trump administration for putting the pressure on north korea that ultimately brought the release of his son, even though they just recently in the last week or so learned that otto had apparently been in a coma all this time. we are awaiting remarks from the president on this new internship program he's pushing, that's just ahead you don't let anything

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, i'd like to take a moment for sending our thoughts and prayers to my friend and the front of most of us in this room, steve scalise and his great family, as he continues his very brave fight. it's been much more difficult than people even thought at the time. he's in some trouble. he is a great fighter and he's going to be okay, we hope. i visited steve and his family at the hospital last night, and

i reassured them that the entire country is pulling for them, praying for them, and that we are here for them every single step of the way. america's hearts, and we mean this in the truest sense, sends his love. there are a lot of parts in this country, great hearts and they're all sending their love and support to the speech anyone family. steve, and his own way, may have brought some unity to our long divided country. we've had a very, very divided country for many years. i have a feeling that steve has made a great sacrifice, but there could be some unity being brought to our country. let's hope so. while at the hospital, i also visited with special agent crystal greiner. terrific young woman.

crystal is one of the two capitol police officers who saved so many lives through her heroism along with special agent david bailey. they ran right into the fire. they ran right into those guns and the bullets and they saved a lot of lives. america salutes both of their courage. they have great, great courage. we also salute the men and women of the alexandria police fire and rescue and all of the first responders, the timing and the speed and the professionalism was incredible. they performed with bravery and with skill. finally, our heartfelt prayers go out to matt micah, who was badly wounded in the assault. to matt's family, anything you need, we are here for you.

hopefully matt will be okay. in these difficult hours, it's more important than ever to watch each other, care for each other, and remind each other that we are all united by the love of our great and beautiful country. we are joined today by secretary acosta, secretary ross, and administrator mcmahon as we prepare to make a historic announcement to train americans for the jobs of the future. we have a lot of jobs moving into this country. you see the unemployment rate is at a very, very low level. job enthusiasm and manufacturin manufacturing, business enthusiasm is at record levels, never been higher. a lot of good numbers coming out, including almost

$4 trillion in gain to the stock markets. $4 trillion. we just signed a big deal yesterday for hundreds of millions of dollars worth of equipment and military equipment going to be made in this country for all their countries. we have two be sure people are here and they'll be well trained. so i want to thank my daughter, ivanka and her leadership. she has worked so hard on this. she understands how important it is. we are training people to have great jobs and high-paying jobs. and we are here today to celebrate the dignity of work. it's really a good term. and the greatness of the american worker, which i have been celebrating for a long time, probably would not be here if it weren't for the american worker in the american worker sees what's happening in michigan and ohio and a lot of

places that have had a huge impact in a short period of time that i've been here in this administration. we have a lot of companies moving in, a lot of plants are going to be built, a lot of plants are being expanded and big ones are going to be announced very soon. you're going to hear some very big names that i can't tell you about now. we want to get them signed on the dotted line. we don't want to talk to quickl quickly. in just a few moments, i'll be signing an executive order to expand expensive ships to help all americans support themselves and their families and loved going to work in the morning. we will be removing federal restrictions that prevented many different industries from creating apprenticeship program programs. we have regulations on top of regulations and in history, nobody has gotten rid of so many

regulations as the trump administration and that's one of the reasons that you see the jobs in the company is all coming in so strongly. at some very good numbers are going to be announced in the very near future. we are empowering these countries, these unions, industry groups to go out and create new apprenticeships for many of our citizens. apprenticeships play students into great jobs without the crippling debt of the traditional four-year college degrees. instead apprentices earn while they learn, which is an expression we are using. earn while you learn. we are joined today by apprentices who know firsthand how these countries can bring new hope and new opportunities. we are also joined by some of the country's great governors

and i appreciate them very, very much for being here. we just had a meeting in the cabinet room. charles ravel is here with us from wisconsin. where i just left, actually yesterday. i was with governor walker. charles is a three-time combat veteran who bravely served our nation, highly respected. after charles came back from the war, he, like so many other americans, faced a very tough economic times. charles began taking machine-tool operation courses from a technical college. he merely excelled. he was really, really good at it. they say. that's what they say, i haven't checked. where is charles? come here. charles, they tell me. i haven't checked it, i want to

check you out, all right? he immediately excelled. by the end of his year-long apprenticeship, charles will be making more than $60,000 a year and going up a lot higher than that. he loves what he does, i think you really love it, right? yeah, he loves it. charles, we thank you for your service to our country, both in the military an end exactly what you're doing right now which is so important and we can congratulate you on this exciting new career. you're going to have some great future. thank you, charles. [applause] each of the apprentices here today has their own story and their own dreams, that's what they are, dreams. apprenticeships teach striving americans the skills they need to operate incredible machines

and some of these machines are so intricate, so powerful and really, the word is they are incredible. this is not the old days. this is new and computerized and complicated and you really have to know what you're doing. they create amazing products and to construct skyscrapers and you look at the equipment today and you go back ten years ago and 20 years ago, it's from a different world, from a different planet, it's incredible. i just met with the governor's for many of the states to discuss how we can work with them to expand apprenticeships and programs. i'm also delighted to be here with ceos of major companies who support our apprenticeship initiatives and we have a tremendous number of the biggest ceos in the world here and we talked about this also.

including our effort to help millions of talented young american women thrive and flourish in our economy. we are thrilled to have this today, bobby scott and virginia fox who care so deeply about this effort. thank you. [applause] the strength of our nation will be determined by our ability to keep jobs in america and were going to keep them in america. you're not going to have companies of fleeing like in the past. there is going to be a big price to pay for companies that want to leave, fire their workers, build a plant outside of this country and think they're going to sell their product right back into the united states. there's going to be a big price

to pay. we want to keep jobs in america and we want to train people and hire american workers to fill those jobs and that's exactly what we are doing and we are really doing a job of it. not only will our apprentices transform their lives, but they will also transform our lives and the true sense. today's apprentices will construct the roads and bridges that move our citizens. they will bend the metal and steel that shape our cities and they will pioneer the new technology that drives our commerce. as we train the next generation of americans to do their jobs, all of us here today have to do our jobs. we have to join forces, join

hands, and join together to restore the american dream for all of our people. one of the parts of the american dream is we are going to come down very, very hard and we already have. you've seen what's going on on the border on this massive drug problem that we have in the united states and frankly, other countries have also. we are coming down very, very hard on that. if we don't, it's called shame on us. everybody that's worked so hard on this program and everybody in this room, including the reporters, god bless you, god bless america, and let's go out and let's do a really terrific job at the apprentice program. thank you very much. thank you very much. appreciate it. [applause]

[applause] [applause] >> jon: the former host of the long-running program the apprentice. it may not surprise you that he with the help of his daughter

has developed the apprenticeship and workforce of tomorrow initiative. that is what he just signed an executive order about. trying to push people into the workplace through apprenticeship programs. not her but he is cut out for college. not everybody needs to depart with a four year degree and a lot of debt and that's what the president is trying to make plane. he obviously opened with remarks about the condition of representative steve scalise who is the worst injured of those a shot yesterday during the congressional baseball practice. joining me now, john barrasso, he is chairman of the policy committee. also an orthopedic surgeon. i wonder if you have any knowledge of steve's lease is conditioned based on talking with his doctors. >> our thoughts and prayers are with steve scalise and thanks to

the officers who were there who prevented that situation from becoming much, much worse. all of us are committed to making america better, safer, stronger. the ball game needs to be born tonight to raise money for the charities that are supported and is done in a bipartisan way. >> jon: a know that teams police is going going to be there. we've received a news release to that effect. just about everybody on the team is going to be in attendance. we were just talking with carol lee. she and i are reporters. can a sense of comedy prevail on capitol hill? >> i certainly hope so. we are passing today a bipartisan bill sanctions against russia, sanctions that are meaningful and sanctions against iran. all of these things are reporte

reported. that's going to be a bipartisan effort. i want that to go on further as we continue on efforts of jobs, the economy, national security, certainly the projects we are working on here and congress. i will tell you as one senator from wyoming, i'm going to be home this weekend, traveling the states and continuing to do it the way i've always done it, without security, visiting people one-on-one. >> jon: it was a pretty bruising campaign season. hillary clinton versus donald trump versus bernie sanders. bernie sanders did everything he could to separate himself from this supporter of his who apparently went deranged and open fire yesterday. is it incumbent upon politicians to constantly call upon those who support him to try and avoid this kind of thinking, this kind

of demented action? >> ed is demented and deranged. there is a lot of history and the united states of people debating vigorously. we're going to continue to do that and i'll be in wyoming hearing about more pain that obamacare is causing people. i'll be hearing about jobs and the economy. i think it's important once i get back here to work together to find solutions that are in the best interest of the american people. >> jon: one of the things that would seem to lighten the mood of the entire country is more jobs, more economic activity. if you can't provide that of the american people, do some of this go away? >> i think a growing economy is very important. people want a strong and healthy economy and that's what president trump has just done with this action he just assigned. getting people to work, getting people trained.

getting people more education and work environments and terms of what works and the practical world. i congratulate the president. i had lunch with him on tuesday and we focused on health care, but additionally, it's focusing on jobs and the economy. just removing some of these punishing regulations that we've dealt with over the past eight years have been a big boost to us in wyoming. a guy in the convenience store in wyoming said we are hiring again. that's what we want to hear all across america. people are going back to work, putting food on the table, getting the kids to school. that's what people want to have happen. they worry about their own lives, not what congress is doing. we want to make sure it's better for them at home. >> jon: republican of wyoming, enjoy your trip home this weekend. >> heather: another fox news

alert. where just getting word from a fox producer that the jury and the bill cosby sexual assault trial is deadlocked. that means they cannot make a decision. the judge has ordered them to continue deliberations. this is day nine -- day four of deliberations. it's back to work according to the judge. we'll see what happens and will continue to follow it for you. in the meantime, back here, we have another fox news alert. the political fallout from the shooting that targeted republicans at the charity based baseball practice. with the attack heightening concerns about washington's intense partisanship and angry rhetoric which seems to be the worst that it's been and recent american politics. >> the year 1968 comes to mind in which we had two assassinations and riots in the streets and riots of the party

conventions. the sheer loathing that people have for each other, people and politics have for each other and for our president at this stage transcends even what we then. >> heather: joining us now, josh holmes, former chief of staff to senator mitch mcconnell and jim kessler. thank you both for joining us. you probably heard our first guest. share your thoughts about the heroic actions of the police. >> i had the privilege of working alongside the capitol police for many years and these are some of the finest men and women that you'll ever meet meet in any capacity. this is exactly what you want in a professional and there is no

question that without the presence on that baseball field yesterday, we would be talking about a much more significant tragedy than the tragedy we are witnessing here today. i can't say enough good things about them. >> heather: obviously, this is a mad man. he several issues in the past when he didn't have a job, living out of his car, had been living near the baseball field for about a month at this point. how has the political climate impacted the situation right now amongst everyone? not just democrats and republicans, but everyone? >> this madman, he is responsible for his own actions, there's no question about that. the political dialogue in this country, we have hard-core populace on the left and the right. the main ingredient in their way of spreading their message is anger. i don't think anger makes better

parents or better spouses or better workers are better drivers, and i don't think it makes better citizens and better voters. you add this environment with 300 million guns in private hands in this country and a lot of upset and angry people and you think, this is inevitable may be and it's very sad. >> heather: if there's still a lot of work you have to be done. we have to get back to the work of the people and first and foremost would be the health care plan. how do we get back to that? >> i think they will get back to that. there's plenty of room to disagree on policy. that's one of the hallmarks of our country is being able to express an opinion without fear of retribution or violence, freedom of speech is a core tenant. health care is moving right along. i think last time jim and i were on, jim's prediction was that we wouldn't get there and here we are a couple of months later, inching towards hopefully senate

passage -- >> thank you for bringing that up. >> heather: i know you're going to bring this up. nothing being debated publicly so that is an issue. >> if you are not debating it publicly, and means you don't have something that you really want to show. i think republicans are in a pickle. every month obamacare becomes more popular, who would have guessed? the replacement bill gets less popular. republicans have a choice. break a promise that they never should have made. >> heather: thank you so much for joining us. >> jon: day four of deliberations in the sexual assault trial against comedian bill cosby and the jury has sent word to the judge that it is deadlocked, cannot reach a consensus on any of the three

counts that the comedian and entertainer faces. the judge has said, too early for that. four days of deliberation is not enough. go back to the jury room and see if you can come to a verdict. we'll have that topic taken up by our legal panel straight ahead because i get a safe driving bonus check every six months i'm accident free. because i don't use my cellphone when i'm driving. even though my family does, and leaves me all alone. here's something else... i don't share it with mom. i don't. right, mom? i have a brand new putter you don't even know about! it's awesome. safe driving bonus checks, only from allstate. sometimes i leave the seat up on purpose. switching to allstate is worth it.

>> jon: and controversial production in new york city of julius caesar that depicts a president trump local like character getting assassinated still will go on in front of a live audience. the public theater in new york city says that shakespeare in the park production will continue, despite yesterday's shooting targeting republican members of congress in virginia. dan henniker i "wall street journal" says the show should be canceled. herites it has caused psychological unhinged meant

dan henniker joins us now. first of all on that shakespeare production, are you surprised to they went on or will go on? >> i'm not particularly surprised. i think the people at the public theater who were staging this trump assassination feel that they are doing something that they are politically obliged to do. that's what i mean about political disorder syndrome that there is an unhinged meant in people's behavior now that isn't nearly about politics. there is such an intense component and those forces have been in play for a while. we have political town halls that are not just full of angry people, they're full of people who are completely over-the-top. we reported for years now about

behavior on campus. people don't talk to one another, you need to shout down your opponent. the emotional intensity that has really become kind of dangerous and i believe it reflects the age of social media that we live in. it really is driven in large part by reacting to some of the restrictions. >> jon: and social media, you don't need to interact face-to-face with anybody. >> we live in kind of a parallel universe. if you say something wrong about somebody, you can get shane nonpersonal media. in the workplace now, you can get fired for offenses that are politically sensitive areas and i think many people feel that this is a very restricted way to live in that they can disappear into social media.

that is what happened after the trump victory that people just became unhinged by the phenomenon and then you've got someone like kathy griffin doing the severed head of donald trum donald trump, something nobody would have thought possible. >> jon: james hodgkinson, no departed shooter of the congressmen and others yesterday puts on his facebook page. first of all, he's a bernie sanders supporter, puts on his facebook page that trump is a traitor. ultimately he convinces himself that that should be acted upon. >> we are heading into dangerous waters here. i've to say that many of us were hoping all the way through the years of the obama presidency that there would be no assassination attempts and when i was overcome and breathed a sigh of relief that we had gotten through that. now the same sort of emotions are at play with the attempted political assassination, that's what it was of congressman scalise. under those circumstances, people should understand

emotions are getting dangerous on the left and the right and it's time to pull that level of psychological unhinged meant back and that's why i thought these people doing this trump assassination at central park should have been canceled. >> jon: wise thought as always. thank you. >> heather: the jury in bill cosby's sexual assault trial is deadlocked and now they are back behind closed doors to continue deliberating. what this could mean for the case against the fallen star. our legal panel up next these days families want to be connected 24/7.

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>> heather: a fox news alert. the jury in the bill cosby's sexual assault trial has told the judge that they are at deadlocked, but the judge says too bad, head back and continue deliberating and tried to reach

a verdict. the jury has been deliberating for 4 days now. he is accused of drugging and sexually assaulting a woman in his home. cosby says he's doing okay. >> his spirits are good. he's bill cosby. he's taking in this moment. believing that these jurors are looking through the facts and seeing the truth and that was the purpose of us being here. >> heather: joining us are former prosecutors. breaking news here, so let's get right to it. what do you think that means. >> ed means one or two things. there are one or two more jurors were holding out. we don't know which side and what they're saying is we can't come to a unanimous verdict. we can't do it, we looked at the evidence for 4 days. we can come to a decision on the judge is saying we need you to

go back in and try. whatever you need to do, go and discuss, but come back with a verdict. >> heather: they have only been deliberating for 4 days, does that surprise you? >> it's not because it is a difficult case. you have a victim who comes off very credible and there is some corroboration. there are some inconsistencies with the victim's account, that's normal on a sexual harassment or sexual abuse case because they're so much fear involved, but juries have a tough time with that sometimes. >> heather: would have the jury comes back a second time and says that we are still deadlocked, we can't reach a conclusion decision? >> the judge can then again send them back and say we are deadlocked, we have a mistrial. it depends on how long they take this time. they take another two days and say we can't come up with a verdict. he may just let that be the cas case. >> if there's a mistrial, then there could be a whole new trial and that might be right away or

it would be a few months down the road. when the jury first says there deadlocked, the judge will always send them back. it might be two or three times before they finally say you are deadlocked, we're going to have a mistrial. >> heather: you heard cosby's attorney saying he's okay here and what about the bizarre behavior leaving the court? >> had a moment with big albert or fat albert. he was insensitive obviously. >> heather: there is a video of him grinning. >> this is a serious case that involves a serious accusation so that was not smart on his role, but right now, with juries being deadlocked, that is a good sign. there is reasonable doubt in the minds of one or two or more of these jurors. >> usually, mistrial's are considered good for the defense. anything that would stop him

from being convicted, that's good for both. but we would definitely see a retrial. >> heather: do you think his behavior will impact anything? >> it could. his impact right now, they are sequestered, so the jurors don't know what he's doing, but as far as what we are watching, the world, that's not a good look at all. it's insensitive. i don't know what he's thinking, he is now legally blind. that's reverse with him laughing and grinning and being so insensitive. i don't know what's going on in his mind. >> heather: or he looks crazy. >> a could be another jerry. >> heather: thank you so much. >> jon: knew next hour of "happening now" ," there are protested some turkish nationals could not face charges

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>> jon: the congressional baseball game will go on. see you back here in an hour. "outnumbered" starts now. >> sandra: >> new details pourit yesterday's shooting. this is the number -- steve's glaze remains in critical condition and will require more surgery. three others were shot and remain injured. this is "outnumbered," and sandra smith. your today, kennedy, also from the intelligence report, trish regan, jessica tarlov is here, and today's #oneluckyguy, brian kilmeade. he is outnumbered. we thoug