>> melissa: that was fun, i think we surprised everyone being together. p6 thanks for joining us. >> melissa: "outnumbered" starts right now. >> harris: fox news alert. more than two decades after his acquittal, 70-year-old former nfl star, o.j. simpson is about to learn his fate again. we are waiting symptoms parole hearing in nevada. he's been behind bars for nearly nine years after being convicted of charges including armed robbery. that happened in 2007 when simpson tried to recover some sports memorabilia from two dealers. today, he's hoping to convince april board to release him, after serving nine years of the minimum 33 year term. shepard smith will be covering today's hearing live starting right at the top of the next hour, 1:00 p.m. eastern.

will also have a lab report from nevada, inside. and this fox news alert, senate g.o.p. holdouts remain stuck, but they did meet late last night to try and revive the plan to repeal and replace obamacare which collapsed earlier this week. president trump is calling for them to get it done or stay in washington until they do. this is "outnumbered." i'm harris faulkner, here today, sandra smith, fox business networks, dagen mcdowell, former deputy state department spokesperson under president obama, marie harper, and today's #oneluckyguy, we are going to pick his legal brain, judge andrew napolitano is here come out numbered. always good to have you. before we go, before we move on, i want to recognize the fact that "outnumbered" was with us yesterday, she is back with her family after we all learned the challenge that a man who so greatly serve this nation, we thank the mccains for their service as a family, we think our friend meghan who shared her journey with us and all of us

who are on the couch and our prayers and thoughts are with them. we have a full report and how senator is doing coming up. >> judge andrew: meghan, you are in my heart as are your parents and i'm thinking about you and sending good thoughts and prayers and i'm saying some hail marys in latin. >> harris: there you go, let's begin. a group of about 20 g.o.p. senators met late into the night with top white house officials to try and carve out a fast-forward on health care. this after president trump implored all republican senators who assemble at the white house yesterday for that lunch to take action and send a bill to his desk that he can sign. john thune says he believes progress was made even on there is no solution at hand. >> it was very constructive, it was very frank, and we had a lot of questions that were answered. i don't think we came out of that meeting with a clear plan forward, but i think we are

starting to narrow the gap in terms of what it's going to take to get republicans to vote for something that not only repeals, but replaces obamacare. >> harris: the last ditch health care push comes on the heels of a report from the nonpartisan congressional budget office regarding the cost. the cbo says repeal only of obamacare would lead to 32 million fewer americans being insured and ten years and double premiums over a decade. repeal only what slash the deficit by $473 billion in that same period. the leader of the senate democrats, chuck schumer said this. the latest cbo score confirms it was a horrible idea in january and it's a horrible idea now. senate majority leader mitch mcconnell says the g.o.p. will still vote on that bill or repeal and replace next week. >> judge andrew: i don't know what vote senator mcconnell will have to get the people together, particularly with senator mccain at the moment

not in washington, d.c., and not able to vote. the insidious part of this from a free-market point of view, the success of barack obama who succeeded in establishing as a premise, as a baseline, that it's now accepted by all democrats and most republicans, and somehow from somewhere is the obligation of the federal government to provide health insurance for every american. rand paul, mike lee, ted cruz reject that, they take the free market approach. as long as there are those in the republican party who think that all of these programs go too far and those in the republican party who think they don't go far enough, there is not going to be a consensus to interfere with obamacare. many of the senators who voted against obamacare and now can't bring themselves to vote to repeal it because too many people have become accustomed to the benefits it has afforded. it was before we have found that throughout american history, it's very hard to take them away.

that 32 million number, that is astonishing and i know people take issue with cbo, but talking about running something are going to voters, that is an astonishingly scary number. >> harris: we knew there would be some people who would opt ou out. >> dagen: let me explain it because apparently these republicans have lost all their ideology and they're not conservatives, their tax-and-spend liberals. we need to be clear about that and they need to be called out for standing by obamacare. he said if you don't vote to repeal this, you are for obamacare. millions of those americans would choose not to buy health insurance because they are no longer directed by the government at a penalty to do s so. >> marie: what about those who don't used to?

>> dagen: hears the message that republicans are not sending, we are trying to reform an entire statement which expanded beyond its original intent. as medicaid. we're trying to change the rules of buying insurance in this country it would make it cheaper, that people would be able to have the plans and they want rather than having to buy. >> sandra: we hope this was the discussion in that room last night with white house officials meeting all the senators and judge, here we are today at an impasse. i don't get it. there was a lunch yesterday, there were late-night meetings yesterday. >> judge andrew: there are many republicans who think they will lose their seats in congress if they vote to take these benefits away. alexander hamilton and thomas jefferson disagreed on everything. the one thing they agreed on, when the public treasury becomes a public trough and the public learns that, the public will send to washington the biggest piece of the pie.

>> harris: this has to do with what the presidents and democrats cannot agree to do on health care. 40% said they should compromise. 22% say drop the plan, start over. of course, the big discussion is when you drop the plan, how long is the gap between when you drop it and start over? is it immediate, is it two years? >> judge andrew: federal statutes give you protection for 18 months. meaning if they drop the plan tomorrow, no one whose on any of these plans with his coverage for 18 months. that might be enough of a gap, enough of a time for them. >> harris: could they do in 18 months what they couldn't do in seven years? >> judge andrew: no. >> dagen: here's the issue that gnaws at me, you hear messaging from the likes of republicans like shelley more capital talking about i didn't

come to washington to hurt people. did she sneak into chuck schumer's office and still some left wing propaganda, some pamphlets from schumer's office and may be nancy pelosi and her have a little midnight phone call because that is absurd that that's the way these republicans are talking. >> marie: i don't think mitch mcconnell will have the votes unless he works with democrats. >> sandra: as far as those senators not leaving before their recess, the president was saying, stay here until you get it done. >> judge andrew: i don't think that's going to happen, especially with senator mccain and his news. >> sandra: that was met with lukewarm reception of the white house yesterday. moving on, it is a story that hits close to home for us on "outnumbered." our very own meghan mccain come home with her family now after doctors diagnosed her dad, senator john mccain with an aggressive brain tumor.

they discovered the tumor after removing a blood clot above his left eye. prayers and well wishes have been pouring in. president trump tweeting melania and diet send our thoughts and prayers to senator mccain, cindy, and their entire family. get well soon. also taking to twitter, former president obama sending out this message of support, john mccain is an american hero, one of the bravest of fighters i've ever known. cancer doesn't know what it's up against. give it hell, john. and minutes ago, senator mccain sending a tweet displaying his fighting spirit, saying i greatly appreciate the outpouring of support. unfortunately, for my sparring partners in congress, i will be back soon. so standby. garrett tenney is live on capitol hill with more. >> senator mccain's doctors say he is recovering amazingly well from his surgery and you can tell by his tweet that he is in good spirits at home with his

family. rain scans after his procedure last week showed that surgeons would were able to completely remove that tumor, but because it is this type of cancer, glioblastoma, it's extremely aggressive, it can plant microscopic routes that goes deep into the brain tissue and that's why senator mccain's family are now reviewing their treatment options and those often include a combination of chemotherapy and radiation. the words we keep hearing folks used to describe senator mccain is tough and it's hard to disagree with that. he was tortured as a prisoner of war in vietnam for 5 years and he's survived three bouts with melanoma skin cancer. on the senate floor today, majority leader mitch mcconnell praised senator mccain and wished him well. >> senator mccain, as we all know, has never shied away from a fight. and i assure you, he is going to back down now. i know the senator from arizona will confront this challenge with the same extraordinary

courage that has characterized his entire life. speak out last night, senator mccain's good friend, lindsey graham got emotional. he described their conversation and he said clearly, senator mccain is anxious to get ready and back to work. >> he says i've been through worse, and basically, then we started talking about health care. literally, it went 5 minutes until he turned away from most people had a hard time absorbing and focused on what he loves the best. i do know this, this disease has never had a more worthy opponen opponent. >> folks have been stopping by to sign the book and wish him well. >> sandra: thank you. meghan mccain also released a statement about her father, she writes in part, my love for my

father is boundless and unlike any other i do not wish to be in a world without him. at this moment, i'm furious for him or overwhelmed by one thing overall, gratitude for our years together in the years is still to come. he is a warrior at best, one of the greatest americans at our age anywhere the error to his fathers and grandfathers name. to me, he has something more, he is my strength, my example, my refuge, my confidant, my teacher, my rock, my hero, my dad. of course, we continue to pray for the senator, meghan, and their entire beautiful family. >> judge andrew: beautifully written, my goodness. >> harris: we know the brilliant unpredictability and strength. >> dagen: i thank them for sharing the beginning of this

battle. it lifts us all out. >> sandra: amen. less than an hour from now, o.j. simpson do to speak at his parole hearing in nevada. nearly nine years after he was sent to prison and armed robbery case, so what can we expect at today's hearing and could he soon walked free? plus, president tremaine some eye-opening comments about attorney general jeff sessions and a wide-ranging interview about the russian investigation. jeff sessions fresh response. ♪ that's why there's trintellix, a prescription medication for depression. trintellix may help you take a step forward in improving your depression. tell your healthcare professional right away if your depression worsens, or you have unusual changes in mood, behavior or thoughts of suicide. antidepressants can increase these in children, teens and young adults. do not take with maois. tell your healthcare professional about your medications, including migraine,

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>> harris: fox news alert, less than an hour from now, o.j. simpson is set to plead for his freedom live on television. in nevada parole board will be deciding whether to release o.j. simpson from prison this fall after he will have served nine of the possible 33 year sentence in an armed robbery case. dan is live. >> this being o.j. simpson's prison, media has a some assem. oj's support team at showed up. in that group, his attorney, his close friend, his sister, brother, and his oldest

daughter. some of them will testify on oj's behalf. a victim of his is here also, he could also testify that he supports o'jays release. just about everyone who knows nevada law and the process here expects him to win his freedom. oj was in front of this very same parole board in 2014. he was granted parole on five of the 12 charges, but he was not eligible for release. at that time, he showed remorse for his crimes and sadly he was a model prisoner. if he has granted parole, his former attorney has some advice for the 70-year-old oj. >> if he goes back into the public eye and he starts doing the nightclub scene and book signings, and all the other things that he's been photographed and reported on doing, trouble will follow him and he will get in trouble again. >> if since mendoza win today, he would not be able to walk

out of this prison behind me until october 1st at the earliest, there are several factors that the parole board must consider. they have to look at the seriousness of the crime, that 2007 crime in that case a botched robbery of two sports memorabilia dealers and a las vegas hotel. they will consider his age and how he's acted these past nine years in prison. simpson has kept a clean record, a low profile with no discipline handed out, but the board also must assess if he poses a threat to society and there are some that feel his infamous double murder trial could be a factor. he was acquitted, but two years later found civilly liable for the death of his ex-wife and ronald goldman. a jury in that case awarded the goldman family $33 million, but the family has collected almost none of that because simpson's $25,000 a month nfl pension is out of their reach. >> harris: dan springer, thank you very much. we were talking on the couch as dan was saying what will happen next to o.j. simpson.

sting out of the limelight is not summing he can do, does he need money at this point? what about the judgment against him. >> judge andrew: under federal pension laws, it can be reached by a judgment. he owes $30 million, they can't take that $30 million from the $25,000. he collected the $25,000, although he can't spend it while he's in jail. he's got a nice kitty waiting for him as well is this $25,000 a month income. he can live a very nice lifestyle on that for the rest of his life. >> sandra: should he be a freeman? >> judge andrew: yes, i believe he was over sentenced. for the robbery, i can't get myself into the judges mind, but there was the feeling and the implication from those who cover note at the time that she was trying to compensate for the perception that he ought to have been convicted of the murders and therefore should be sentenced more heavily for those.

at this parole hearing, no one is going to stand up and say deny parole. the prosecutor who prosecuted him is in favor of parole, the victims are in favor of parole. >> harris: and went forward on five of the counts anyway. that was part of dan's reporting. >> judge andrew: is already been granted parole on some of the counts, but the largest one for which he was sentenced, which is the use of a gun in a kidnapping. if you consider it kidnapping, the victims are his friends. all he had to do is call the police and get the property back. he never fired the gun. i don't want to diminish the harm that he caused, but it wasn't worth 33 years in jail. >> harris: we are looking live now, that's inside the nevada court room where oj will be sitting, excuse me, prison, he's going to join the group in that room sitting right in the center and the panel i understand will be assembled in that room as well. marie, he said something interesting to her in the

commercial. you said who still cares about o.j. simpson? i'm wondering what is the fascination at this point? >> marie: i don't know, it's like a blast from the past. >> judge andrew: that's because you're so young. >> marie: could you imagine o.j. simpson on twitter? this is a different world then when he went into prison in terms of the media landscape. >> harris: i think we will see him on twitter. >> dagen: i must point out for those who didn't watch the people versus o.j. simpson which was the per trail of the book based on the case, it got a lot of awards and incredible viewership. the timing of this, he is going up for this parole board at a time when he is back in the news, were people who weren't familiar with the bronco chase and the trial, now they know

about it. >> judge andrew: all of his former lawyers and even those of us were commentators at the time are saying lay low, lay low, lay low. that's because he has a tendency to stir the pot. does he have to lay low? no. if he's granted parole, he can do whatever he wants with his life. >> harris: he really can do whatever he wants. >> judge andrew: he can't be charge for the murder again, no matter what evidence they may discover a new. >> harris: how did they get paid and that civil case? >> sandra: if he's like oh, he doesn't walk until october 1st >> harris: our own shepard smith will bring us that front row seat coverage as he always does, covering all the angles from today's o.j. simpson parole hearing. you can watch it right here live starting at 1:00 p.m. eastern on the fox news channel. attorney general jeff sessions is not responding after president trump's rebuke in a wide-ranging interview on the russian investigation that's getting a lot of attention today. we'll talk about it.

and donald trump, jr., and former campaign manager paul manafort are scheduled, invited to testify before the senate panel next week. the two have still not officially accepted, but the president's son-in-law, jared kushner has agreed to go closed-door to testimony. what help answer questions about their meeting with the russian attorney or does this open them up to attack from democrats and others in the media? stay close.

♪ >> sandra: president trump opening up to "the new york times" in a wide-ranging interview first criticizing attorney general jeff sessions for recusing himself from the russian investigation. watch. >> sessions should have never recused himself and if he wanted to recuse himself, he should have told me before he took the job and i would have picked somebody else. it's extremely unfair, and that's a mild word, to the president. >> sandra: sessions reacting

to those comments a little bit earlier today. >> we in this department of justice will continue every single day to work hard to serve the national interest and we wholeheartedly join in. i have the honor of serving as attorney general, it's something that goes beyond any thought i would have ever had for myself. we love this job, we love this department, and i plan to continue to do so as long as that is appropriate. >> sandra: the president also elaborated on his second conversation with russian president vladimir putin during the g20 summit dinner in germany earlier this month. >> i went on to say hello to melania and i also said hello to putin. we exchanged pleasantries more than anything else. it was not a long conversation, about 15 minutes, just talked

about russian adoption with him which is interesting because that was part of the conversation that don had. >> sandra: the top democrat adam schiff took to twitter to slam the president for those remarks, writing the president claims he discussed adoption with putin, just what don, jr., said before we learned otherwis otherwise. all right, i think that's teed up perfectly. >> judge andrew: marie mentioned this during the break, there is more than meets the eye with adoption because it's part of the sanctions that he imposed on us, prohibiting american couples from adopting russian babies, that was a huge market for that for many years. did the president and vladimir putin discuss the lessening of sanctions? if so, was that taped by the russians, was overheard by the translator? obviously. we know the answers to these

questions. they are not good. >> harris: i go back to something that has been said about that original meeting with that attorney. >> judge andrew: the trump tower meeting? >> harris: with don, jr.. the question came up, we are talking about adoption, why did everybody walk out of the room? i would say, is it possible that maybe they didn't realize that was wrapped up in the sanctions of the time? to me, it would be more of those people in the room would have stayed and continued to talk about adoption because it would have been a recognition that it was part of the sanctions. >> marie: it we know the full story and next week, if paul manafort and don, jr., testify under oath, they can't keep changing their stories like they have. we will actually maybe get some answers to those questions, but this conversation with putin, not having any other american official or translator they are,

it's not the worst thing to ever happen in american foreign policy certainly, but it is reckless. on the back of six months of tromping so close to russia, i think this is a pattern that is disturbing to a lot of people. >> sandra: let's go back to jeff sessions and what you heard the president say in that interview with "the new york times," basically saying, had i known that he was going to recuse himself, that would not have been my guy. >> judge andrew: i agree with the president here. jeff sessions, who is a very fine and experienced the lawyer ought to have said, mr. president, they're coming after us, they're going to investigate the campaign, they've been snooping on our conversations already. i was a major part of your campaign, i might be a witness, i can't be the attorney general. i understand his frustration, but i don't think it should have been articulated the way it was to "the new york times," of all people. mr. president, call up jeff sessions and say is not going to work, see you in a week. >> dagen: i think this is

another planned distraction by president trump, sitting down at "the new york times" because what does this do? this is one of the central things that we are talking about today, this wide-ranging interview that he talks about mueller, comey, and we're not talking about the failure of the republican health care bill. he does this intentionally. why he goes to "the new york times," maybe he wants validation, being a boy from queens and the big city paper based in manhattan is talking to him, maybe that's it, but again, -- >> sandra: to publicly criticize or attorney general. >> marie: jeff sessions was one of the first mainstream republicans to get on board with trump when many would not go anywhere near him. >> judge andrew: bill clinton never uttered a word of criticism against janet reno. >> dagen: because he was a democrat and if he criticized her, he would've been called a sexist pig, which he was to begin with.

>> judge andrew: you are one of them a kind. >> harris: why would he recuse himself going in? even jeff sessions didn't know he was going to recuse himself. >> marie: ed was because he didn't answer a question fully. >> judge andrew: should have recused himself? and retrospect, the failure to say i shook the ambassador's hand twice and forgot about it is hardly an appropriate instruments for accusing the attorney general from responsibility from the largest federal investigation for the president of the united states since watergate. now it's being run by somebody who is not appointed by the president. >> sandra: rand paul says we should not govern like this. >> judge andrew: can the president govern when it's another battle every day? >> harris: lets break in with

some breaking news. we talked about the cbo score, saying that over a 10-year period, 30 million people would be without health care compared to now with a repeal only. now the cbo has scored the repeal and replace bill, that g.o.p. senators are filled to move forward just this past monday and they were trying to revive and their late-night meeting last night and now, the cbo says with this revised g.o.p. health care bill, it would increase the number of uninsured people by 22,002,026, so that same 10-year differential between now and then, but 10 million fewer i'm not sure how they come up with the difference in the numbers. beyond repeal, it makes 10 million more people -- is that the point, or is there something deeper in the numbers? what do you think?

>> judge andrew: i wish supply and demand of the free market which was the way insurance was run until 1965 until medicare and medicaid, but we don't have that anymore. with the federal government micromanaging everything. >> dagen: correct me if i'm wrong, this is the second senate bill. this is the same number, the 22 million as the original g.o.p. senate bill. in the tweaks that they were making to it last week, there is no change -- and there's no change in the number of people who will lose their insurance or choose not to buy insurance, i should point out. a lot of it is the difference between the 32 and 22 are people who will still be on the expanded medicaid. >> harris: what's interesting about what you're saying, we know the people who don't get

their insurance from their employer who said they would lose it through repeal and replace -- >> judge andrew: this gets the congress to the democrats in 2018. >> marie: i think if they go forward with the bill that is almost in a single digit seven terms of popularity and takes away millions of coverage for millions of americans, or if they don't, if they break a seven year, four election cycle campaign process, i think the houses absolutely in play. i think the senate will be a little more challenging, but republicans for eight years said they were going to do this. >> harris: your team doesn't have any answers either because if they did, they'd be screaming. who wouldn't want to brag about having a great plan? >> dagen: these liberal republicans, if you can call them that, they're just liberals who are members of the republican party, they are going to end up buying in to the schumer plan and that is to put more money into obamacare.

it's going to be spending more money on something that is already broken. >> judge andrew: it's not the job of government to micromanage health care. when it does, we get all these problems. >> dagen: medicare a single pair. already have medicare. >> harris: could it be possible of the number uninsured could be fewer in terms of the cbo score by a lot if they replace it? 10 million differential -- i want to read the full report first. o.j. simpson back in the spotlight, he is expected to learn today if he will be released from a nevada prison nine years after being convicted in an armed robbery case. what we can expect from that hearing and could simpson soon go free?

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♪ a >> sandra: president trump son donald trump, jr., and former campaign manager paul manafort scheduled to testify next week before the senate judiciary committee and a public hearing. this after it was revealed that they met with a russian lawyer and several other russian nationals during the 2016 campaign. trump, jr., and manna fort, not officially accepting the invite yet, though the committee's chairman threatening to subpoena them. the president's son-in-law, jared kushner agreeing to testify behind closed doors to the senate intelligence committee. meantime, the russian lawyer at that meeting is willing to testify before the senate to clarify what happened. and now, a democratic senate judiciary committee member saying it's about time that lawmakers got sworn testimony from those who attended. >> i think it's important that people start to be put under oath. there's been too much is said

that simply hasn't been true. this would be an opportunity for folks to get their stories straight and to tell, the truth, the whole truth, nothing but the truth. >> sandra: first of all, the lawyer. we'll hear from her. what will come of that? with that change things? >> judge andrew: i don't know, i don't know what she's going to say, which is going to admit to. is she going to be bound by that email trail between donald, jr., in the british publicist, which painted vastly different pictures and talked about negative information about hillary. what this russian lawyer said she was talking about was the magnitsky act and adoption. >> sandra: huge interest in potentially hearing from donald trump, jr.. what would you advise him based on the invitation on hand? >> judge andrew: i would advise them to say nothing. i would give the same advice to paul manafort and jared kushner. when you have a client who's in the government's crosshairs and let's face it, they are an bob

mueller's crosshairs for better or for worse and you don't know why you're in the crosshairs or with the government has that put you in the crosshairs, you don't want your client saying something. you'd want them denying something before they're accused. i'm offended when these hearings take place in secrets. because democracy dies in darkness. this is the power of the government forcing people to testify. we should know with the testimony is, we know the congress knows we should know what the congress is going to do about it. >> harris: to further sandra's point, this attorney gave an nbc interview, she stuck to the press. do those things help the case? there's got to be an attorney who told her to do that. >> judge andrew: she may be in legal jeopardy if she comes back to the united states because she may have been attempting to entice a presidential campaign

to engage in illegal activity. >> harris: so getting on the record would help her? >> judge andrew: i don't think it does. she may be looking for her for a few minutes of fame >> sandra: let me show you the way the american people view that with donald trump, jr.. when asked by a fox news poll, how would you describe donald trump, jr.,'s meeting with a group of russians? 76% of republicans say no big deal. 85% of democrats say it was troubling. >> judge andrew: what does bob mueller say? >> dagen: we should point out that there's that that story out that bob mueller is looking into trumps business transactions. he is examining a broad range of transactions involving trumps businesses as well as those of his associates. this according to multiple news reports. "the wall street journal" wrote an incredible editorial couple of days ago about the need for

the trump family to step up and provide radical transparency, get everything out there, hold nothing back, including financial records because ultimately, you need to get ahead of this because that's part of the problem with the donald trump, jr., thing. >> sandra: they're asking a lot more of that administration and his family than any previous administration. >> marie: it's because of their own behavior. as the judge said -- >> sandra: there's nothing that's been proven to be a crime. >> marie: that's of the investigation will be looking at. they repeatedly done things over the campaign that no other administration, republican or democrat and recent history -- this is not normal political behavior. >> dagen: the multiple denials that there was ever any interaction to begin with. >> sandra: the deputy attorney general with some choice words for former fbi

director comey as well as for special counsel robert mueller. what he said and how it could impact the russian investigation and just moments from now, we'll see o.j. simpson ask a four-person parole board to let him go free this october after serving nine years for armed robbery and other charges. ♪ think again. this is the new new york. we are building new airports all across the state.

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♪ >> dagen: rod rosenstein criticizing former fbi director james comey suggesting that he broke with policy when he arranged to leaked memos about his conversations with president trump. watch this. >> we take confidentiality seriously, so when we have the maranda about ongoing matters come out we have an obligation to keep it confidential. >> i would take from that that you would not approve any releasing of memorandum. >> the general proposition is clear, it's what we were taught, all of us as prosecutors and agents, that we have an obligation to keep that information confidential. >> dagen: when asked about comey's relationship with robert mueller whom rosenstein

appointed a special counsel following comey's firing, rosenstein had this to say. >> i made the decision to appoint mueller based on his reputation. he's had bipartisan support for his integrity and that's why you made that decision. i can assure you that we have a process within the department to take care of that. we review any allegations of conflicts. >> judge andrew: i think these are very sterile and quite proper answers that don't reflect the facts in the case. i'm sure that he has read jim comey's memos, he knows whether or not there with classified material in there, he knows whether or not it was appropriate to release them and he doesn't want to prejudice anybody by commenting on them. as a general proposition, yes, when he worked for the government and you prepare a memo, it belongs to the government, but if this is a memo that jim comey prepared to refresh his lack collection and

there's nothing classified, there is nothing wrong with what he did. >> dagen: if it has to make do with mueller, could he pursue mueller if he thought he was out-of-bounds in his investigation? >> judge andrew: he is mueller's only boss on the planet and miller reports to hi him. he is involved and the hiring, firing, and budgets and what he presents to a grand jury. he decides on how much leeway he wants to give him. >> marie: comey also had to testify publicly under oath about those memos, so that information was probably coming out one way or another, but i keep going back to the fact that the comey memos, robert mueller even existing is a special counsel, none of this would have happened if he hadn't fired jim comey. you may disagree with me. >> judge andrew: i agree with you, sadly. >> marie: it set a process in motion that is consuming

everything. a problem of his own making. >> judge andrew: if he fires bob mueller and jeff sessions and rod rosenstein, you'll see this accelerated. >> dagen: i said early on that president trump should not have kept comey on the job to begin with. >> harris: democrat said that. there were democrats who wanted him fired. >> judge andrew: democrats love him. >> harris: because they're oppositional. that's their personality. >> sandra: marie, do you want to answer the question? >> harris: the point of all of this is the president took a huge risk going forward with him anyway. you had people saying get rid of this guy. he did some weird move last summer, he black flipped on both sides. >> judge andrew: you would advise the president to fire james comey. had he reopen that investigation, he would have never of answer that question.

>> dagen: just minutes from now, o.j. simpson due to speak live as the parole board decides whether he will be released from prison and an armed robbery case. could oj be a free man as early as this fall? the live hearing straight ahead. managing blood sugar is a series of smart choices. and when you replace one meal... ...or snack a day with glucerna... ...made with carbsteady... ...to help minimize blood sugar spikes... ...you can really feel it. now with 30% less carbs and sugars. glucerna.

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>> a fox news alert, and just seconds from now o.j. simpson will be making the case on live tv for his release from prison

where he has spent nearly a decade on armed robbery charges. fox news carrying live coverage angered from our own shepard smith from nevada, next. that's it for us. >> shepard: good afternoon from new york, i am shepard smith. i'll live look at the parole board room in carson city, nevada, four commissioners are about to decide whether o.j. simpson walks free on parole or stays behind bars. a jury convicted him of felony charges related to armed robbery from a hotel room in las vegas. >> mr. simpson is a wanted a murder suspect.