going -- comey's going, do you? >> i don't want to rule anything out, paul. [laughter] paul: that's it for this week's show. thanks to my panel and all of you for watching. hope to see you right here next week. >> this is a fox news alert, we begin with breaking news. the bill cosby sexual assault trial ending without a verdict after the judge declares a mistrial when jurors fail to reach a unanimous decision. hello, good afternoon and welcome to a brand new hour inside america's news headquarters, i'm julie banderas. kelly: and i'm kelly wright. the comedian was accused of drugging and sexually assaulting a temple university employee in his home near philadelphia back in 2004. but jurors were unable to reach a verdict after more than 52 hours of deliberation and a second attempt to break a deadlock. cosby's defense team declaring victory, but the prosecution, well, they're vowing to retry the case. senior correspondent rick

leventhal joins us live from the courthouse in pennsylvania. rick, did the jury set a record there? >> reporter: yeah, it's believed to be the longest jury deliberation in the history of the montgomery county courthouse. it lasted longer than the trial itself, but those 53-plus hours of questions and debate and consideration did not result in a verdict. they couldn't agree on the guilt or innocence of bill cosby on any of the three charges that were lodged against him. and bill cosby, we're told, did not celebrate in the courtroom when the mistrial was announced, possibly because this is not over for the comedian who turns 80 next month. the da has announced he will retry this case and push it forward as quickly as possible, sometime in the next 120 days. >> she's entitled to a verdict in this case, and the citizens of montgomery county where this crime occurred are entitled to a verdict in this case, and we

will push forward to try to get that done and get justice done. >> reporter: the three counts, the three counts of aggravated indecent assault filed against cosby were filed after andrea constand convinced authorities that cosby gave her pills and knocked her out and took advantage of her. but that incident took place in januarying of 2004, and the da admitted the passage of time may have hurt his case. cosby has proclaimed his innocence throughout, and his spokesman remained defiant outside the courthouse. >> mr. cosby's power's back. it's back. ing the jurors used their power to speak, and mr. cosby's power is back. so the legacy didn't go anywhere. it has been restored. and for all those attorneys who conspire, like gloria allred, tell them to go back to law school and take another class. >> reporter: now, cosby's

attorneys must prepare for that retrial. kelly: rick, i need to ask you a question. we also understand that camille cosby which is, of course, the comedian's wife, also reacted to the verdict. what did she say today? >> reporter: well, she was only here for one day of the two week trial and deliberations, that was last friday, but she did release a statement in support of her husband, and andrew wyatt's assistant read that statement on the courthouse steps. here's a portion of it. >> how do i describe the district attorney? heinously and exploitively ambitious. how do i describe the judge? overtly arrogant in collaborating with the district attorney. how do i describe the counsel for the accusers? totally unethical. how do i describe many, but not all, general media? blatantly vicious entities that continually disseminated intentional omissions of truth for the primary purpose of

greedily selling sensational at the expense of a human life. >> reporter: we should point out there are at least 60 other women who gave similar stories that cosby drugged and then raped or sexually assaulted them as well, and some of them have been coming to court in support of andrea constand. one of them after court said we understand the blinding power of celebrity, but justice will come, she said. kelly: rick leventhal reporting live from norristown, pennsylvania, where the cosby trial is declared a mistrial. thank you. julie: we are learning more about that shooting rampage at a baseball field targeting republican lawmakers. sources are saying the gunman, james hodgkinson -- you can see him there on your left finish had a handwritten list of republican names in his pocket at the time of the shooting. it is not clear whether it was a list of people he was targeting. meanwhile, congressman steve

scalise remains in critical condition three days after the shooting. garrett tenney is live outside the hospital with the very latest. hi, garrett. >> reporter: yeah, julie. law enforcement officials are really emphasizing that it is too early to draw any conclusions about this list of names that was found on james hodgkinson. we have learned that list includes both the names and office room numbers of six republican congressmen. investigators are now working to try and figure out exactly what this list was for and if hodgkinson was trying to visit the congressmen in their offices or if he was trying to interact with them in some other way. the six congressmen on the list are scott desjarlais, trent franks, jeff duncan, jim jordan, mo brooks and morgan griffith of virginia. all six are associated with the conservative house freedom caucus and two were at the baseball field for practice the morning of the shooting. following that shooting

republican congresswoman claudia tenney received a an e-mail threat suggesting more republicans would be targeted. here's her reaction from earlier today on report that hodgkinson had this list with six lawmakers. >> that's really disturbing, so now it does look premeditated, it wasn't somebody randomly walking onto a baseball field. he knew they were there, he knew the people he was looking for, and it's interesting that some of the people he confronted, jeff deny can -- who was on -- duncan, who was on that list, he asked are these the republicans practicing. and it's really foreboding. >> reporter: steve scalise is now in stable but critical condition. we've also learned from doctors that he was facing imminent death when he arrived three days ago with a shattered bullet in his hip which had significantly damaged his bones, organs and blood vessels. he's already had a number of surgeries and will need several

more including one sometime this weekend. doctors do expect the louisiana congressman to eventually be able to walk and possibly even run again. as for the two other shooting victims who remain hospitalized, we're told matt mika replains in critical -- remains in critical condition and crystal greiner is expected to make a full recovery. julie? julie: garrett tenney in washington, thank you. kelly: japan is now helping in the massive search for seven missing american sailors following a predawn collision between a navy destroyer and a container ship four times its size off the country's coast. lucas tomlinson is live from the pentagon. lucas, what more do we know now about the search for those missing sailors? >> reporter: kelly, it's just after five a.m. sunday in japan, and the search for those seven missing sailors from the u.s. navy warship continues at day break, although it's feared some may have been trapped inside.

the japanese coast guard is leading the search, u.s. navy patrol planes are flying overhead. uss fitzgerald hit a 700-foot cargo ship which, according to marine-tracking software -- was heading into port before turning around for some unknown reason and colliding with that u.s. navy warship's right side, flooding two birthing compartments where dozens of american sailors were sleeping at 2:30 a.m. local time. there was flooding in the ship's radio room. the commanding officer's stateroom was also damaged. the warship's crew worked in the dark for many hours to prevent the ship from sinking. >> it's hard to imagine what this crew has had to endure, the challenges they've had to overcome, but i'm extremely proud of the courage and dedication. we've still got an active search and rescue for our missing shipmates, so please keep them in your thoughts and prayers. >> reporter: the collision occurred 60 miles southwest of

coke siewk ca -- yokosuka, japan. this morning president trump responded in a tweet, quote: thoughts and prayers with the sailors of uss fitzgerald and their families. thank you to our japanese allies for their assistance. kelly, it's noteworthy that in addition to the bridge team where they drive the ship, there's a backup navigation crew below decks which makes you wonder how that u.s. navy warship might have avoided this collision. kelly: a lot of questions before we get to all the answers as the investigation continues and, of course, the rescue search. want to ask you another question about another matter. what are you hearing about another attack on u.s. forces in afghanistan today? >> reporter: well, kelly, i spoke to a u.s. official earlier today who said that seven u.s. army soldiers were wounded when they were shot by an afghan soldier, what the military calls an insider attack. he was shot in northern afghanistan where u.s. troops are training afghan forces a

week after three u.s. army soldiers were killed in a similar fashion by afghan forces who are supposed to be friendly. the pentagon is currently weighing a decision to deploy 4,000 more american troops to roll back taliban gains. and, kelly, this comes as the trump administration is increasing and ramping up its airstrikes in afghanistan. in april the u.s. military drop asked more bombs in afghanistan than any month since 2012. kelly? kelly: lucas, thanks for the update. julie: well, this latest attack comes amidst reports the pentagon may be planning to send 4,000 more troops to afghanistan. let's bring in ambassador dennis ross, former special middle east coordinator and fox news' foreign affairs analyst. thank you very much for talking to us. let's talk about the current troops in afghanistan right now. 8400 troops in all training, advising the afghan military in the fight against the taliban and isis in afghanistan. there is this associated press report that we're talking about today which indicates that mattis has decided to send about

another 4,000 additional troops announced as early as next week. first, do you believe this report to be true. second, would it be enough, in your opinion? >> yes, i do believe it's true. we've seen a deterioration of the overall afghan government's position within the country. we've seen an increase in the scope of the area that the taliban has under control, and we've also seen an increasing pattern of the taliban's ability to infiltrate into kabul and to attack very sensitive sites. we're also seeing now the signs of the taliban being able to affect or bring on some of these attacks on american soldiers as well. so i think the overall condition of afghanistan and our desire not to see a collapse of the government, not to see the taliban return to power, i think that's producing a decision on the part of the administration to increase our presence. now, that's the first part of your question.

the second part of your question is, will it be enough. the short answer is, obviously, the combination of increasing our troop presence -- even though we're not going to suddenly take on the bulk of the fighting, we're till going to be in more of a training and support role. but at the same time, we are also increasing the use of our air power. i do think it may be enough to change what is a deteriorating set of circumstances. the bigger question is will it be enough to transform afghanistan, and here i think the answer won't be found by the military forces we provide, it'll be found more by whether or not afghanistan is capable of generating domestically good governance -- julie: right. >> -- and whether it's capable of transforming what has been a culture of corruption. julie: obviously, change is needed now more than ever, but you also have to talk about turning the tide. during president obama's last year in office, the mission in afghanistan had been primarily

stripped down to training afghan military. and in that time the enemy had time to grow greater. so now the u.s. must double down and double back to not only fight the taliban harder than ever before, but the fight isis. how do we do that, and have we lost critical time in the time the former administration had spent in trying to pull outal its troops by -- all its troops by the end of president obama's term? >> well, what's interesting is obviously there had been a decision made by president obama to pull out all the troops x then he made a decision not to do that based upon the advice of the military that was describing what, in fact, were a set of conditions that were deteriorating. now, we now face not only the taliban that's stronger, we also are seeing that there is an isis presence, as you noted. so there's a duality here in terms of what we're having to do. we are dropping more bombs than ever before. the question is, can that make a

difference? part of the problem when you're doing bombing is, yes, you're trying to turn the tide, but you're also trying to insure that the political outcome you want is also available. weakening the taliban is critical to any success, but it's a necessary but not sufficient condition. whether we lost time or we didn't recall, we basically had been in afghanistan since 2001. so we've been there a long time. there have been ups and downs. we've seen successes with the afghan government as well -- julie: yeah. >> we've seen domestic development, we've seen women and girls being educated, we've seen the beginning of a development, progress being made within the country as a whole. but the taliban represents a formidable force, and one also has to ask the question why is it that so much training is needed on the afghan military side, and the taliban seem to be able to do this without outside support. julie: so it seems a long road

ahead, a long fight continues. ambassador dennis ross, thank you very much. >> my pleasure. kelly: a police officer in jerusalem murdered in broad daylight. isis claiming responsibility for that. but another terror group says that's not true. plus, the case of an american student released from north korea with severe injuries is renewing concerns about the rogue regime's infamous torture camps. what, if anything, the u.s. can do about them. ♪ ♪ >> otto has been terrorized and brutalized for 18 months by a pariah regime in north korea. we're thrilled to have him home. he's with his family. ♪ ♪ (vo) my name is bryan.

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become a villain again.. mmm. [ minion babble ] [ minions cheering ]

[ minions sighing ] [ minions cheering ] [ minions booing ] okay minions, we're going back to villainy. [ minions shouting ] ♪ so bad ♪ so good that i'm so bad... ♪ [ honking ] so, you're villains now? [ nervous laughter ] i mean, hello sweetie. despicable me 3. rated pg. ♪ ♪ julie: isis claiming responsibility for killing a female police officer in jerusalem yesterday. two other palestinians also opening fire and attempting to stab another group of israeli officers before police shot and killed all three attackers. but israeli officials, hamas and the people's front for the liberation of palestine all deny isis involvement. kelly: an american student who was detained in north korea returned home the ohio this week with serious brain injuries.

now, it's sparking a conversation about that country's torture camps. otto warmbier had been held since january 2016. doctors say it doesn't look like he was physically beaten, but his injury suggests he lost blood supply to his brain for quite some time. joining us now with reaction to all of this is anthony rue jeer row, thanks for joining us today. there is a very, very difficult situation to talk about because we see an american citizen who left here as a 22-year-old college student, and he's returned in a very desperate state for survival due to his brain injuries. we're talking about otto warmbier, a nice young man who's loved by his family, and now we find out that this regime has caused a lot of trouble. what do we say about the atrocities committed by this regime? >> well, it's -- thanks for having me. it's definitely a heartbreaking story of otto warmbier, and there are three other americans that are being held by north

korea right now. it's a dangerous escalation by the kim regime. they see americans as bargaining chips in their standoff with the united states. it's not clear why they treated otto warmbier in this way. it's something that they haven't done with americans in the past. but with their own citizens, they have over 100,000 of their own citizens in prison camps where they torture them, deprive them of food, forced abortions, kill women and children in front of their families. i mean, this is a terrible regime that gets away with it. there was a u.n. report in 2014 and, unfortunately, the international community has not risen up the counter north korea's deplorable human rights. kelly: do you find that shock, that the international community has not stepped up to call into account the actions of north korea? because my understanding is they've even been given to human

trafficking, selling some of their own people into slavery so they can get monies from that to fund their appetite for their nuclear program. >> riesmght i mean, they -- right. i mean, they send over 100,000 people, their own citizens, into slave labor situations. and the u.n. did say that money goes back to the nuclear weapons programs. of course it's disappointing but it's not surprising. because the chinese, and at some level the russians, are the ones covering for north korea. they're not allowing the security council -- even though they've considered it -- they're not allowing the security council to recommend that north korea go to an international tribunal, they're not designating or sanctioning these human rights abusers. and there's countries in the middle east and china and russia that employ these laborers, and that's the first way to stop it, is to not employ these citizens -- kelly: exactly. you make a very strong point. there's a documentary that was done, and people can go to foxnews.com to actually try to

look it up. in 2014 a documentary called camp 14, total control zone. one of the ex-commanders of one of those prison camps says that prisoners are treated like animals. the life of an inmate is worth less than the life of a worm. they can't defend themselves. where's the outrage about what's going on in north korea? >> it's not -- you know, unfathomable. i think that the issue here is when we hear people talk about they want to freeze north korea's nuclear program, they want to give inducements -- that's what the south korean president says -- the bottom line is that money is not going to go to the people. i mean, in a height of ridiculousness, north korea sent a letter this week to humanitarian organizations this week complaining about humanitarian aid. it's the regime that prevents that. any money that goes to north korea is not going to the people, it's going to their strategic programs, and it's going to the elites so he can

build a ski resort rather than feed his own people. kelly: so, anthony, the united states can't do it alone. other countries have to step in, as you said, the international community. other countries have to step in to do something about this problem. >> right. and i think that's starting to happen. i think congress has a bill that really focuses -- congressman royce's bill that really focuses in on the revenue stream and going after the foreign persons that employ these laborers. it's at least $500 million a year. that's one way to do it. the united states has started to sanction north korean companies, but they could start to go after those companies that are employing north korean laborers. that's the way to start doing it. kelly: anthony, thank you. your words really hit home, and i'm struck by fred warmbier, otto's father, who said terrorized and brutalized by a brutal regime, and then he wanted to say the time for strategic patience is over. something has to be done about this brutal regime.

thank you, anthony. >> thank you. julie: protesters demanding justice for the victim obviously a massive fire at a high-rise apartment building in london as exhausted first responders sift through the charred wreckage. plus, president trump taking aim at deputy attorney general rod rosenstein, we're going to tell you why and whether rosenstein will recuse himself from overseeing the russia investigation next. ♪ ♪ if you total your new bike, they replace it with a brand new one. that's cool. i got a new helmet. we know steve. it's good to be in (good hands). dearthere's no other way to say this.

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♪ ♪ julie: president trump slamming the russia investigation as a, quote, witch hunt, and taking aim at deputy attorney general rod rosenstein. rosenstein has reportedly raised the possibility of recusing himself from the matter altogether. kristin fisher is live from the white house with more. kristin, where does the investigation stand today? i know it changes every day. >> reporter: it changes almost every day, julie, as we with all know. you know, today what we're

seeing is really both sides staffing up. it's really almost becoming a legal arms race of some of the most brilliant legal minds in the country. in fact, one of the president's own personal attorneys has had to hire his own attorney. now, by the time president trump left the white house for camp david this morning, he'd added another high-powered attorney to his legal team, john dowd, best known for the dowd report he put together for major league baseball which got pete rose banned for life for gambling. so the president's lawyering up, at the same time he's likely complicating matters for that legal team. yesterday the president seemed to confirm in a statement on twitter that he was, indeed, being investigated for firing former fbi director james comey, though his legal team insists that tweet was not a confirmation, that he was simply referring to reporting about it, reporting about the investigation. that tweet also seemed to take aim at the deputy attorney general who appointed the special counsel. rod rosenstein also wrote the

letter that made the case for james comey's firing as fbi director, and it's something president trump talked about in an interview last month. listen to this. >> he made a recommendation, he's highly respected, very good guy, very smart guy. the democrats like him, the republicans like him. he made a recommendation. but regardless of recommendation, i was going to fire comey. >> reporter: now because of those kinds of comments and because of that letter, rosenstein might have to recuse himself because he could become a witness in the special counsel's investigation, julie. julie: and so is rosenstein's job also in jeopardy? >> reporter: it's possible. it's something that he was actually asked about at a hearing on capitol hill earlier this week. >> could you be terminated without cause? >> yes. >> and who would appoint your replacement as your position now, deputy attorney general? >> the president. >> so that's a possibility.

>> anything's possible. >> reporter: now, in an effort to clarify all of these recusal rumors, the county of justice -- the department of justice put out a statement saying as the deputy attorney general has said numerous times, if there comes a point when he needs to recuse, he will. however, nothing has changed. of course, julie, everything can change in mere minutes in this town and especially in this administration. julie: all right. kristin fisher, thank you. kelly. kelly: so the question is, what will happen if rosenstein does recuse himself from the russia investigation? joining us now is vince kong lease, the editor-in-chief for the daily caller. vince, thanks for joining us. your insight into this. tell me what you see. >> well, it's sort of amazing sort of the web of people who are involved here. rod rosenstein recommends the fires of james comey. james comey intentionally leaks his memos in order to force a special prosecutor.

rod rosenstein appoints a special prosecutor, and now he's saying reportedly that he might recuse himself from the investigation that he got kickstarted. so if he was going to recuse himself, why did he appoint a special prosecutor to begin with? it wasn't like the james comey firing came out of nowhere. rod rosenstein vehemently recommended that this guy was a liability for the fbi. kelly: and now if you follow the dots and all the anonymous sources that we really shouldn't be sourcing because we don't know what those anonymous sources have in terms of their intent with regard to leaks about obstruction allegations as well as we still know there's no evidence about collusion and that the whole russia situation, we know that russia interfered and meddled with our election, but how do we move forward now with all of these balls up in the air and we don't know where they're going to land? >> i'm not sure that there's -- i can give you much clarity here, unfortunately. and that's the reason we're in this position because it's all chaos.

the reason, by the way, is because of these leaks. now, i don't know if it's bob mueller's camp that is responsible for these leaks. it's hard to tell. could be people that they're investigating. ultimately, these leaks are just coming out everywhere, and if you're robert mueller, you have to be pretty dissatisfied right now that the status of your investigation is that the entire public is consuming is most malicious things it possibly can whether or not we have any sense of the intensity. the idea that they're looking into jared kushner's finances, what does that mean? kelly: yeah. >> and the press has by and large said that means they're guilty of something, but it clearly doesn't. kelly: i'm trying to delicately go through this and yet get to some points, but we don't know what those points are because you have the president on one hand tweeting saying it's a witch hunt and goes on to say being investigated for firing the fbi director by the man who told me the fire the fbi director, yet the president says he made the decision himself.

where do we find out what's what so we can make heads and tails of what's absolutely going on? there are people in the trump camp who say everybody's against the president, so they're piling on, and then there's the question about the leaks which you just talked about, now there's the report that rosenstein may have to recuse himself. i mean, if you're at home, you're kind of scratching your head and saying what's going on in washington? >> for sure. yeah, wake me up when this thing's resolved. in the case of president trump, look, anyone on the entire planet who's ever dealt with a legal issue where you have somebody who wants to bring a legal action upon you, your lawyer tells you what? be quiet. don't say a word. we're lawyers, we'll take care of it. and i think president trump occasionally has stepped in it because he likes talking. it's true. and he's definitely said some things in public that who knows if he's going to -- i mean, including promising to testify under oath. we'll see if that comes back to haunt him. right now we have an investigation where we only know the worst possible things for the president, and we don't know

the things that are good. i mean, james comey never leaked that president trump wasn't under investigation until he finally had to testify to that point when he came out in public. there's much more to know, i'm sure, on the other side of that coin. kelly: if you just look at that and all of the other things comey did in that testimony where he talked about the former attorney general, loretta lynch, and what happened on that tarmac with bill clinton and then hillary clinton, it just goes on and on. at some point if you're going to talk about draining the swamp, you've got to clean up the murky waters that are avoiding you from having 20/20 vision about what's going on. >> definitely. and anyone who's looking at this -- trump supporters especially -- when they see all of this, they see james comey, bob mueller, but comey especially. man, look at that guy. he knows how to navigate washington. he feels like he's part of the swamp. he sort of has a wearpding moral standard for why he does certain things, and he can always figure out a way to justify it.

and i think the average voter watches that and goes this is the stuff in washington i don't like because it's not a clear, straight arrow, what's black and white, what's good and what's bad. kelly: well, it's disheartening, because people don't know what to expect, and people would like to trust their government given what's happened here just recently with steve scalise. i mean, people want to getten on, beyond the rhetoric, let's get to governing and making this country work. >> definitely. and in james comey's case, look, he threaten today resign during the bush administration over patriot act stuff, and then he told -- he just said in open testimony that if he had the option to still be the fbi director would he, and he said, yes, despite the fact that he claimed he had pressure from the president of the united states to drop an investigation. kelly: vince, thanks as always for your insights. good day to you. julie: the death toll rising from that massive fire at a high-rise apartment build anything london. why protesters now venting their anger at the government.

plus, the judge declares a mistrial in bill cosby's sexual assault case, so what happens next? our legal experts will weigh in straight ahead. >> if the court allows more accusers to testify next time, it might make a difference. in other words, it's too early to celebrate, mr. cosby. ♪ ♪

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weeks or even longer to recover all of the victims from the building. >> she's entitled to a verdict in this case, and the citizens of montgomery county where this crime to occurred are entitled to a verdict in this case, and we will push forward to try to get that done and get justice done. >> leave all the women out of here. this is about andrea constand and inconsistencies in her stories. we just want to thank everybody who supported us, all the ones who stayed out here, we love you guys. julie: well, the sexual assault trial of bill cosby ending this morning with no verdict, the judge declaring a mistrial after the jury said for a second time they were deadlocked. cosby's legal troubles are far from over. he remains charged, and the prosecutor plans to retry the case. carissa is a former prosecutor and stephanie willis is a

criminal defense attorney. first, let's just talk about what the defense did right, what the prosecution did wrong, carissa, to not convince a jury beyond a reasonable doubt that cosby was, indeed, guilty. >> unfortunately, this case was laceed with all sorts of inconsistencies. you know, we don't have any forensic evidence, and the jury just had reasonable doubt. and at the end of the day, the defense, you know, was able to prove that the state did not prove their case beyond any and all reasonable doubt. when you have a, when you have a case that is filled with he said/she said and no direct evidence, it's very hard to prove those cases. julie: this was a very hard case to prove -- >> and anytime -- julie: that goes without saying. >> and anytime you don't have a win, anytime you don't have the conviction, it's considered a win by the defense. julie: it sure is, but it's not over. stephanie, a hung jury doesn't end cosby's legal troubles.

he can still be retried on the same charges. he's still facing lawsuits filed by some of the 60 women who have accused him of sexual assault, rape or sexual harassment. how does a mistrial affect these cases in the court of public opinion? >> essentially, what happens when we have a mistrial in this case is that it actually gives the d.a., d.a. steele, another chance to retry the case, for them to bring it all back in together to decide what they did wrong, what they did right and what they can do to further on the case. this is something that we have to remember. the case here about the victims. the victim here is andrea constand, and she has a voice that needs to be heard. and, you know, d.a. steele did a proper job in bringing this case before a jury so that she could have her voice heard. julie: let's just talk about the fact that cosby is 79 years old and where he will be when this likely does make it to a retrial. he'll be 80 years old. this could take 12 months from now when jurors are told that the judge, you know, that they were deadlocked on thursday, the

judge told them to go back, come to a agreement on the verdict. the writing was pretty much on the wall, what is going to prevent this from happening again at a second trial? >> that's absolutely correct that this was a hung jury, and the judge can't force a verdict. if the judge were to try to force a verdict, that would be considered coercion, and that would be overturned on appeal. so when a jury takes longer than the actual trial to come up with a -- not come up with a decision, there's obviously a problem, and the panel is not agreeing. for a future trial, there are a lot of issues. we still have the same inconsistencies, the same reasonable doubt and, you know, you have a 79-year-old man who's in ailing health. not to mention the taxpayer dollars to retry a case that's arguably not a danger to the community anymore. bill cosby is arguably not going to commit these offenses that are so remote in time again. julie: right.

stephanie, during the trial the defense did admit to one thing, and that was that cosby was unfaithful to his wife and did, in fact, have consensual sex with constand. contrary to the testimony that it was forced sex, that admittal that he, in fact, did have sex with this woman and he was unfaithful to his wife, how much did that help the defense, do you believe, admit the affair and perhaps convince those or jurors that this wasn't rape? >> well, as a prosecutor, as a former prosecutor i'm look at the fact that this may have helped them a little bit. however, it helps my case because, in essence, you admitted that the act did happen, the act did occur. however, we have to also consider the fact that each though there may have been past transgressions between andrea constand and bill cosby, it all comes down to that one night. that particular evening when she said, no, when she did not provide her consent. julie: right. >> that's something that, you know, is very key here for the

prosecution to key in on. and another thing, you know, we also have to consider her credibility, and i believe that she did a great job. even though the defense was trying to harp on the fact that, you know, it took her a year to, you know, make the complaint to a police officer. however, she came back, and she decided that she wanted to pursue this case no matter who it was. i mean, bill cosby obviously at that time and still today is in a position of power. i mean, we have to admit, he's america's dad. this is somebody that i, you know, i considered -- i looked up to when i was watching the cosby show when i was younger. and this was a very, very hard case for the d.a. to try. but the thing that we have to understand is it goes back to the victim. it's the d.a.'s job to tell her story. and i think -- julie: right. >> -- in retrying this case that, you know, it goes to show that this is about andrea and not about the d.a. here in this case. julie: i want to go back to the night in question. because, like you said, this all has to do with the testimony of the victim.

carissa saw, constand says she declined cosby's casual advances twice and that the former employee of the basketball program at temple university, cosby's alma mater, actually spoke about herself paralyzed and unable to fight him off the night she took those pills allegedly and then he convinced her they were safe herbal supplements. here is what she said, i wasn't able to fight in any way. i wanted it to stop. in my head i was trying to get my hands or my legs to move, but i was frozen. now, constand says she's willing to take the stand again. that is powerful testimony. do you believe she should? >> absolutely, she should. you know, this is -- she's speaking on behalf of the other individuals who stated that cosby did the same exact thing. you know, she's sitting here, and that testimony in itself is extremely, extremely powerful. we have to go back to the fact that, you know, there is three charges that were made here in this case, and there were three charges that the jury had to convict on a unanimous basis.

and so, you know, the fact that she had this testimony, it was emotional. she informed her mother about it. you know, that's somebody else who's there to to back her up in her claims. and so she's a very strong woman to proceed forward with this case. and, you know, she's doing a great job. julie: carissa saw, real quick. >> i can speak to the other side of that slightly. you know, there are inconsistencies. i know that night started out with some necking, and it is a he said/she said on whether or not anything was consensual. it's not like he slip ared anything -- >> he gave her a pill though. he gave her a pill. that's something that we need to remember, he gave her a pill. julie: all right, ladies, thank you very much. >> thank you. julie: kelly. kelly: theater goers in central park getting a surprise when protesters disrupted that controversial production of julius caesar. a live report next. ♪

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kelly: protesters disrupting a shakespeare production in new york city. one protester saying the actors are encouraging political violence. that's because the play depict it is the assassination of the title character, julius caesar, who is dressed to look like president trump. lauren green joins us with more. >> reporter: a lot more than

dressed to look like him. thank you very much, kelly. you know, the show will go on despite a tumult white house week. the controversial shakespeare in the park production will give its final two performances this weekend. last night the bigger performances happened off stage as two protesters denounced the production. >> -- [inaudible] political violence against the right! this is unacceptable! you cannot -- >> reporter: the protesters were arrested, their rants temporarily stopping the show in central park. another man shouted, this is violence against donald trump. audience members reportedly booed the disruptions. the public theater's production of shakespeare's 400-year-old play is set in modern times, but the main character depicted as a donald trump-like leader who is assassinated by his closest advisers. the public theater's web site saying the play does not advocate violence and is a cautionary tale about not using

undemocratic means to defense democracy. the director reiterated the theater's disclaimer while defending creative license. >> anybody who wants -- who watches this play tonight, and i'm sorry, there's going to be a couple of spoiler alerts here -- [laughter] but will know that neither shakespeare, nor the public theater could possibly advocate violence as a solution to political problems. [applause] >> reporter: critics say the play's creators doth protest too much and this adds to a growing tide of ideological anger. kelly? kelly: the news continues at the top of the hour with gregg jarrett and arthel neville. julie: yeah. and i'll see you on the fox report at 7 p.m. eastern. won't do that. no. you can leave worry behind when liberty stands with you™. liberty mutual insurance. ykeep you sidelined.ng

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arthel: hello, everyone, welcome to a brand new hour inside america's news headquarters. gregg: good to see you. i'm gregg jarrett. top of the news this hour, the bill cosby sexual assault trial ended this morning, a hung jury and a mistrial. but cosby's legal trouble is far from over. arthel: plus, the first family spending the weekend at camp david. it is the first time in two years the president has visited the retreat. gregg: doctors making a startling admission about steve scalise's original prognosis. we've got an update on his condition now after the shooting. ♪ ♪