>> happy birthday, jon scott. p22 starts now. >> sandra: fox news alert, president from calling north korea a global threat during his visit to south korea. he says the united states will do all we can to defend ourselves and our allies, but that it makes sense for north korea to start talking and make a deal. this is "outnumbered." i am sandra smith. here today, harris faulkner. republican strategist and fox news contributor lisa boothe. democratic strategist and fox news contributor jessica tarlov two is here and today's #oneluckyguy, former utah congressman and fox news contributor, jason chaffetz is here and he is outnumbered with all due respect. >> had the discussion before we

started. >> harris: now they're all going to wonder what we were talking about. >> jason: l.a. look, i put it in and i'm done. >> sandra: did i mention it's a busy news day? let's begin. president trump making a surprise announcement as he prepares to deliver a speech to south korea's assembly tonight. he made the comments during a toast at a state dinner held in his honor in seoul. at the joint news conference earlier, president trump spoke about the threat from north korea. >> north korea is a worldwide threat that requires worldwide action. the united states stands prepared to defend itself and its allies using the full range of our unmatched military capabilities and with that being said, i really believe that it makes sense for north korea to come to the table and to make a deal. >> sandra: the next stop on

the president's tour is beijing. he mentioned china in his remarks and appeared to send a message to vladimir putin. >> i want to just say that president where we will meet tomorrow in china has been very helpful. we will find out how helpful soon, but he really has been very, very helpful. so china is out trying very hard to solve the problem with north korea. we hope that russia likewise will be helpful. >> sandra: helpful. i'll let you take it away there. what message is the president sending as you continue to see him on this very lengthy 11 day trip in asia? >> jason: i was just a little kid when ronald reagan was president but if you look through history, he projected peace through strength. i think donald trump is doing the same thing. we have three carrier groups, unprecedented in the region, a 7th fleet there and support. we are flexing the muscle of the united states of america. at the same time, you see president trump reaching out

saying he is willing to talk to kim jong un, which is a huge change. it is a step forward at the same time he is praising the chinese slightly and encouraging the russians to also come to the table. so we've shown our bonds with the japanese, prime minister and the president have a very good relationship, then as you saw president trump there with president moon, the newly elected president from south korea, you've got the unification between what is happening in japan, south korea, and the united states protecting strength, but then also reaching out to china and russia. >> sandra: a former senior advisor says trump showing the world the u.s. and its allies won't be ages trumps anymore. i want to show you this questio question. he writes as president trump makes his first trip to east asia, one crucial developer and is clear for those who look closely. americas and its allies are through being chumps. trump will continue to build out his restoration of the

traditional foreign policy which forcefully advocates are key security and economic interest. he has also restored our key alliances with countries that matter the most. if you see it that way, lisa boothe? >> lisa: it's important to note that the pentagon had basely said the only way from a military standpoint we're going to destroy north korea's nuclear arsenal is from the ground. the trump administration recognizes that. what we've seen from the administration is essentially trying to do everything he can possibly do from an economic and diplomatic standpoint to try to put pressure on north korea. we've seen that on very harsh sanctions at the u.n., forcing and encouraging china and russia to sign onto those sanctions. when we see some action from china as well. there's a report today that basically is saying china has told their tourism to try to basically shut down or to scale back their tourism which is a key source of income for

north korea. we have seen them suspend coal imports, we've also seen essential bank tell other banks not to do business there. we have seen some action. >> sandra: there are some that were challenging that but if indeed it is, that's a major change from what we have seen in recent years. >> jessica: it would be incredibly exciting if china was being forthright about this. i haven't seen anything thus far on the trip to asia which has been i don't want to say hampered but the course is been changed by the horrible tragedy in texas, which the president has had to turn a lot of his attention to at the time. i object to the idea of calling and using the word chumps because it's a dig at the obama administration, but i loved hearing the president say we are going to have talks, we are going with diplomacy because just a month ago, it didn't look like he had any interest when he was saying on twitter to rex tillerson, cool it. it's not going to work. missing like you really want to go full throttle the military option. seems to be striking a good balance here.

>> sandra: that's how you get people to the table is to talk their language. >> jessica: with no evidence what kim jong un is going to be doing here. i can only comment on a change in the width president is is presenting, and i'm saying something nice. how could this cause a problem? >> lisa: international law professor from courting university thomas lee who made this remark that i thought was a really interesting. basically what he said about one of the key differences in the trump administration is some of the rhetoric that he's used because basically, he believes that north korea actually doesn't really know where the trump administration will do and that has given him leverage. i think in some respects, the rhetoric that he has used in convincing north korea and also china and russia is important. >> harris: the rhetoric and the tone are important. probably the most important thing is the consistency of them. when you talk about twitter, remember that as a domain that the president is very comfortable with and he can go however many directions that he

wants to go but when you listen and you watch him, it seems like there is a consistency. you certainly saw that with the moon as they sat down with troops from both sides, south korea and american troops. i don't know if you caught that in the middle of the night. i think sandra and i were the only ones up walking her dog and i was doing something else watching tv or whatever. couldn't sleep. but if you are watching those moments, the president really did set the tone of this is our military, i support them. i'm going to break bread with them, which is such a visual and optic of power. but the other thing i noticed as you talk about talking the same language. this president has credibility when it comes to the economy and i don't just mean his past as a corporate builder and we could talk about what business has worked and what didn't, but also just for the economy is right now. if you got to think that those leaders who are across the water also paying attention to that. can this person who is visiting helped me make my local economy look like that because that's not a bad thing? spaces bilateral trade deals with him because he said he wants to go like that.

>> harris: a strong doubt, a situation with the gdp that has grown more than it has in a decade. those are the sorts of things that he is walking with this kind of his drafting window right now. >> jason: i was there in the region in south korea and in japan back in may and the leaders letter a need to safety and support in the safety blanket of the united states because they cannot defend themselves without the military might that we are able to project, but they also are some of our most important trading partners. and when we walked away from the tpp, i think the president made the right decision. we have to have the one on one deals with both south korea and with the japanese and the president has put in america first agenda out there and i think america loves it, and it brings people to the table. i do think we can work something out, so we have even better trade with japan and south kore south korea.

>> harris: i think that's part of the story that is not getting talked about. we are so focused on the military but we know that the economy is everybody's driver. >> sandra: that's already come up on the trip. as the president has used that to his advantage anytime that he can. you just wonder when the president comes home from his first foreign trip abroad, seen as a huge success and he came home and things just change so quickly, so does this carry through? could you say that this is bringing the president some momentum? >> jason: it is. actually being sold in that region where they were being sold before. we are making progress. the auto industry has been very vested interest into what is going on there. and i do think it carry through. we have so many ties with japan and south korea, and that threat north korea is not going away. >> sandra: we will leave it there. of the credited to help the stop the mass shooting at a texas church is speaking out. >> i'm no hero. my lord protected me and gave me the skills to do what needed to be done. >> sandra: now,

president trump saying more gun laws may have stopped that texas hero from actually saving lives that morning. plus, new scrutiny for former fbi director james comey over his exoneration of hillary clinton in her email scandal. a top lawmaker wants answers over changing language in the draft of the statement clearing her. >> our judgment is that no reasonable prosecutor could bring such a case. ♪ there's something ♪ for you and me, ♪ and the american road is calling, ♪ ♪ so what's it gonna be? ♪ ♪ hey it's an amazing day, ♪ ♪ traveling our own highway, ♪ ♪ no matter where it leads us ♪ ♪ we can smile, ♪ 'cuz there's meaning in the miles. ♪ ♪

>> harris: a fox news alert, new scrutiny on former fbi director james comey decision to exonerate hillary clinton over her private email server. senate judiciary committee chairman chuck grassley says he has obtained a memo drafted by mr. comey in the weeks before the fbi investigation was complete. the senator says that memo shows someone removed the phrase grossly negligent and replaced it with the extremely careless. gross negligence? that can be a crime. carelessness, not so much. then, use that exact language when he eventually let clinton off the hook. remember? okay. he did. we remember it, and if we can bring that tape later, we will.

here is fox news sr. judicial analyst andrew napolitano on these new revelations. >> this is the rare federal statute that doesn't require the government to prove intent. this statute, the government can get a condition if you are grossly negligent. what is the difference between grossly negligent and extremely careless? nothing. they mean the same thing. james comey thought he could pull a fast one on the american people are using a slightly less offensive sounding term, extremely careless and thereby exonerated her. legally, it's the same thing. >> harris: we want you to hear it in james comey's voice and words as it was. let's watch. >> there is evidence that they were extremely careless in their handling of very sensitive highly classified information. our judgment is that no reasonable prosecutor would bring such a case. >> harris: i just look at you, congressman, and after think how frustrating is it to see what

looks like a softening of the words of reasonable doubt? >> jason: the whole thing just stinks. the idea that the fbi director weeks before they've interviewed what ended up being 16 or 17 other witnesses that he was actually drafting this thing, changing the words, moving it away from gross negligence, which is actually in the statute and then claiming that it couldn't prove intent when judge napolitano pointed out the statute doesn't require you to prove intent. you just have to be grossly negligent in what you're doing. but to even draft -- can you imagine if the judge was drafting how he was going to rule before he heard 16 people who had come up to the witness stand? that person would be disbarred, to be fired, they probably be kicked out. >> harris: only if it got out. >> jason: that did get out. and that's why chairman grassley and senator graham are doing a great service and this is why you do oversight. this is why these legislative

branch oversees the executive branch because it should be unified on both sides of the aisle but this is an fbi director gone wild. and he did not do what he was supposed to do grade the very fact that he was drafting it ahead of time. >> harris: i have a question for you, jessica. i don't know that we can turn back time and use our crystal ball but there may be some evidence to this just based on how former president barack obama behaved. do you think had he known that this was going on that he would've weighed in on this and we would've seen a correction? >> jessica: if president obama had known? >> harris: he was backing hillary clinton. >> jessica: i don't think he would've tempered and what was going on with the fbi. i think you have the utmost respect for the fbi. >> harris: that sunday and it was 60 minutes when he said there was no way that she would ever be elected? >> jessica: i don't think that and i've also read analysis that show that drafting earlier memos is quite common. you can read them all over the place. there are three people who could've change that according to what i've read.

plus not just james comey, two other people and i personally have no problem with chuck grassley and senator graham looking further into this. what i have a problem with is this total tilt that hillary clinton is the only person who did anything wrong and we are ignoring bob mueller. we have nine people who had communications with russians. >> lisa: but there's a billion different investigations that are only being litigated. >> jessica: they only care about hillary. >> lisa: in congress and the media, that is all the mainstream media talks about. i think the bigger problem here and the concern for a lot of americans of the fact that you do have statements from president obama basically saying that she didn't put her national security at risk. we also know that the obama administration was keeping tabs on the incumbent trump administration as well. they spied on journalists, they spied on dianne feinstein, so i think the idea that somehow this is outside of something that the obama administration would do or even james comey for that matter.

i think that is important. >> sandra: we know the language was changed from what he wrote to what he said that day, which harris just showed us. grossly negligent to extremely careless. just a volatile says there's actually no legal difference in that language, both are punishable as crimes with results of prison time. so can we move forward with what they know and what they have today? >> jason: remember, there is not just hillary clinton. they were up to 300 people that were dealing with classified information in a nonsecure setting. the fundamental problem is the state department still has an open investigation. >> sandra: we don't know what's going to happen with it. he said no. that can still happen. it doesn't go there? >> jason: there's new evidence and of course, i do think there should be a special prosecutor to go and look at this like the inspector general . there were 450 employees of the

department of justice working for the inspector general and they are looking at that but i do think a special prosecutor is warranted in this. not just for hillary clinton, but all of the other garbage that has happened. >> lisa: you layer and the tarmac meeting with loretta lynch, bill clinton as well. the fact that james comey took her instruction to call it a matter instead of an investigation, there's a lot of questions. space is what about trump applying pressure to drop the russia stuff? >> harris: it's not your run-of-the-mill governors race, that's for sure. by today's election in virginia it could a lot for president trump and the democrats. and a top democrat and a panel of the clintons firing back at donna brazile's tell-all book. brazil says the clinton had the democratic primaries tilted in her favor. how big of a distraction as this is democrats look to win in today's races? stay with us. >> nobody cares about what

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...to help minimize blood sugar spikes... ...you can really feel it. now with 30% less carbs and sugars. glucerna. >> sandra: a high-stakes election that could be an early referendum on president trump and democratic fortunes in 2018. what is heading to the polls in virginia where polls show democrat rob north and neck and neck with republican ed gillespie. increasingly, virginia has voted democrat the last three presidential elections and today's outcome could also shape how canada's campaign and next year's midterm. president trump tweeting this. "ralph northam will allow crime run rampant. anti-second amendment. it has been horrible on virginia economy. without ed gillespie today. ed gillespie will totally turn around the high crime and core economic performance of virginia. ms-13 and crime will be gone.

vote today. asap. and while gillespie has been embracing trumps key issues, he's been keeping some distance from the president. today an exception. >> we'll be able to work with the president and the vice president in the cabinet to get those things done. they appreciate his support very much and i know to help me be an effective governor for us as i seek to serve the people of the commonwealth. >> sandra: what is at stake in this race? >> jason: is a fascinating race and just the fact that the democrats, this is a state where donald trump lost by about six percentage points. it's neck and neck. i hope that gillespie wins. he's a good, decent, honest guy. i really like him. as been able to spend some time with them throughout the years and has a real shot at pulling this out depending on who shows up. >> sandra: the polling leading up to this day has been economy and health care are the most important things to voters in the state of virginia. because as it is consistently. we get caught up on the sidebar

issues, public identity politics issues but at the end of the day, people want money in their pockets and they want great health care and they want great education. >> sandra: the monuments of the statutes have been a big conversation. >> jessica: is focused on his career, his service, he's a veteran, he's a pediatrician. i think he seems like a fantastic candidate. we have him out there on all cylinders and democrats across the country. i'm going to go vote at the end of the day but new york, we never have deciding races like that so if you're in virginia, get out there and vote. you know how i'd like to devote what you do you. just make sure that you participate. >> sandra: to that point, turn out. i'm a virginian and i voted absentee on saturday so i did do my civic duty. ralph northam should be up by ten points right now. virginia has been trending a blue state. i think it's almost two to one. if there is no reason that this phrase should be in the margin of error. which is where it is right now and i think the biggest problem for democrats right now is if they are very demoralized and we

are looking at going to get into this a little bit later but the civil war that's breaking out in the democratic party right now, you look at the fund-raising numbers and is just been for the democratic party. they are not raising money. if there not energy united behind the parties. this is going to have a demoralizing effect if they lose this phrase just like the special election date. also, i think democrats keep thinking that solely running against president trump and trying to tie republican candidates to him is going to be enough? it wasn't enough in georgia six and i think if we see this race as well, if gillespie comes out on top, we're going to have another example that is not enough. if you and i was just going to point out what you said about the money. i do think it is key. i was kind of kidding with you what options do they have. they have the option to stay home that's a lot of times. he said i was saying to everyone to participate. do nothing with it you see your money being spent to make sure that that doesn't happen. when you talk about the deficit and dnc fund-raising, it really starts to hit home in places where you should probably have a

double-digit lead. but even without that, you should be able to put enough money on the ground that you don't have to say. basic there are democrat groups that are raising a lot of money. we'll talk about the dnc and the rnc. but there are a lot of private donors as well, you have the tom sires of the world, quite definitely contributing. i don't feel it democrats are necessarily in a spending deficit but i totally agree with you that eventually, if they keep losing these. >> sandra: b are getting an update from sutherland springs texas. the department of public safety is providing a briefing on the church shooting that happened there sunday morning. are we going to be able to listen in here? >> harris: not yet, we are being told not yet. >> sandra: i think mine is not working. we are expecting a briefing. we are going to want to bring you any new details of that we get them. if we are able to get back to that, we will. otherwise, we'll continue our our conversation. >> harris: will definitely take it when it happens. >> sandra: the fundamental

problem for the democrats not only virginia but across the country if they don't have a message. they are out there, the republicans are fighting to cut people's taxes. that's going to affect everybody's pocketbook and yet they are saying no, no, no. they are going back to their same liberal left wing penalties on we need more government spending, we want more of your money, we want more big government, and that is not a resonating message. it just doesn't work. >> jessica: we see record sign-ups for obamacare when everyone is slamming it saying that is dead in the water. people are flocking to it that republicans are not delivered. what do you mean there's no options? because of you. [all talking at once] >> last time i checked, the republican party -- >> jessica: i said they have not been able to put up their own bill. they couldn't get it passed. >> harris: breaking news. we do want to go to texas. we are getting an update right now from sutherland springs,

police and officials. let's watch this together on the massacre that happened at the church. >> we have the suspect's cell phone. we have executed a search warrant on that cell phone not someone has been turned over to the fbi for analysis. fbi special agent in charge chris combs is here and here shortly he's going to discuss that. another thing we are not going to discuss today is the names of the victims inside the church. we believe we have everyone properly identified amount we have notified all of the next of kin. however, the medical examiner's office is confirming for findings and they will give us permission to release those names, and we hope to have that later today or tomorrow at the latest. the last thing that we are not prepared to discuss is the suspect and his release from the air force. we would refer all those questions back to the air force. with that, for step will be special agent in charge of atf,

and he is an update on the findings. >> good morning, everyone. two updates from atf. when is as far as the rifle goe goes, atf firearms expert examine that rifle yesterday. all indications are that that is a not a fully automatic weapon. it's a semiautomatic weapon. we do not know 100% sure until we test fire it but all indications now are it's a semiautomatic weapon. wanted to clear that up because that has been reported a couple of different ways in the media. the second thing is atf agents have acquired shell casings from the scene. so shell casings will be entered into atf's national integrated ballistic identification network. and that will help us determine if that rifle was used in any other shootings. thank you very much great i'll answer any questions at the end, thank you.

>> i'm christopher combs, as the commander stated, the phone of the subject was turned over to us. we flew that on a dps plane last night to quantico. they are in the office of looking at the phone. unfortunately at this point in time, we are unable to get into that phone. so it actually highlights an issue that you've all heard about before, the advance of the technology and the phones and the encryptions, law enforcement whether at the state or local or the federal level is increasingly not able to get into these phones. i'm not going to describe what phone it is because i don't want to tell every bad guy out there what phone to buy to harass our efforts on trying to find justice here. i can assure you that we are working very hard to get into the phone, and i will continue until we find an answer. i don't know how long that's going to be to be quite honest with you. could be tomorrow, could be a week, could be a month. we don't know yet. we're going to keep working on

that phone and the other digital media that we can turn it over to the rangers. thank you. obviously, this is a massive crime scene and we have the best of the best process of this crime scene. the texas rangers and the fbi in his recovery team have worked day and night and today, the commander for the texas rangers cory lane is here to speak. >> good morning. my name is cory lane, commander in charge of this crime scene, processing. just want to go over a few things with resources that we have dedicated right now. mainly the workforce personnel that is processing this crime scene. we have 136 commissioned officers dedicated to the crime scene process in support of that mission. 49 of those 136 are the best of the best rangers that we have.

they are part of a major crime scene investigative teams. he don't get on that team by accident. they have to show two things, which is talent and drive to be a part of a crime scene investigation. the team leads of that investigative team have all graduated the national forensics academy in tennessee, and that is on top of their three week basic crime scene investigation training that they receive that every ranger receives from the department of public safety. this rangers also continually attend advanced crime scene investigations forces to stay ahead of the curve on any updates or advances in crime scene investigations. like the director said, these were 48 hours into this and these men and women who are dedicated to processing such complex and massive scenes have worked tirelessly and is nothing short of inspiring.

aubrey lewis is the district attorney for the 81st judicial district made even though the suspect is deceased in this case, she has been out here every day working with the community and working with our victim services from all agencies including the department of public safety and she is here to give a brief period >> good morning. we have an outpouring from around the world people concerned with the burdens of these families have with funeral expenses. and i want to give you a little bit of peace of mind to understand that the attorney general's office and victims specialist along with fbi victim services, dps, and our office that are working with these families one on one, and we have the attorney general's office here because they have crime victims compensation fund that they are in charge of. that fund releases money for the victims families including

funeral expenses. those funeral expenses and the amount of funding for each victim is $6500. we believe that that's going to be sufficient funeral costs for the victims families so they will not be burdened with that financial portion of their loss and they can concentrate on trying to grieve and process what else is going on in their world at this time. in addition to that, there has been a company that has come forward and agree to donate the caskets to all of the victims. we are grateful for that person and their service to our community and their heart and being willing to donate that. so those people who are concerned with that initial burden that these families have as we all are, we have a crime victims compensation fund that is in place for that purpose and that is being utilized, streamlined to ensure that the victims are not burdened with that initial funeral expense. to thank you very much.

>> with that, i have a few questions that were committed by the media that we will answer and then we will open that up to question and answer. the first one was why was a concealed handgun license denied for the suspect? is protected information for it all i can tell you is that he did not have a concealed handgun license. when will the investigation conclude and when will the church reopen? as far as the church reopening, that the question for somebody else. we hope to finish up the crime scene investigation and all the forensic analysis by tomorrow night, and then that will be turned back over to the local officials. were any other persons involved? we have no reason to believe or no information that anybody else was involved in this. there's a question about the pregnant female inside the church. again, she is one of the victims inside the church and we are not prepared to release any

information regarding the victims inside the church until we get confirmation from the medical examiner's office. there was a question regarding domestic terrorism. by definition, we have no reason to believe that this crime was politically motivated or motivated based on religious beliefs. we have no reason to believe that. there was questions regarding the suspects mother-in-law grade two is not in the church. she does attend this church, but we know on sunday when this crime occurred, she was not in church. beyond that, there were some questions regarding the weapons purchased. i believe those were answered. some questions regarding search warrants, we are executing search warrants such as the search warrant on the cell phone read but without, that is all i have and i will open it up to you all for questions.

there are still a lot that needs to be done. we have so indication on what happened, the stuff that happened, still a lot of work to be done. it's only 48 hours into this. how could someone be denied -- >> we have databases that we checked. be -- >> there was nothing in our database. [indistinct question]

>> i don't have that at this time. i could tell you in the first call came in, the wilson county sheriff's arrived within 4 minutes. i can tell you 4 minutes is a long time during an active shooter situation. that will be up to the sheriffs office office and the 911. i don't have that information. yes. [indistinct question] we don't know what his plans and future plans were. this is a situation where i

wouldn't be willing to take that risk and in my opinion, i said the other day that i believe he's a hero. i have seen no media since it started at somebody sent me a clip of an interview that he did but the media and how can you not love that guy? that guy did what he knew needed to be done, but as far as his future plans and what he had plans for the rest of the day and if there would've been more deaths, it's all speculation. i don't know. [indistinct question] i don't have the information. we believe the congregation of this church is roughly just over 50. we know how many were deceased

and how many were shot. there were very few that were here that were uninjured. i don't have that information for you. i would've for that to atf. first part of that is we will not release that. there's no evidence of a bump stop being used. >> is a possible he fired 450 rounds back >> again, part of the investigation that is not going to get released publicly. [indistinct question] >> was talked about yesterday as the magazines at the scene were empty. so i don't believe there was a number put out.

we are not going to put that information out, part of the investigation. we do not at this time. to answer your question, we have no information that he was shooting from a rooftop. we don't have any facts to support that. we are the fact finders and we are collecting the facts as we find them. each age position he walked and moved and as far as the magazines, they are 30 rounds, how many rounds he actually had in those magazines, a lot of that trajectory work is being

done this morning. we can't answer that. again, we will know more when we are able to exploit his phone. a lot of that, the vehicle has already been processed and secured. as far as his home, i believe those have already been conducted. and whether they were consensual searches or search warrants, i can't answer to that. [indistinct question] again, that gets into the investigation and we know that there was conflict. he was upset with the mother in but beyond that, i can't commen comment.

>> i can tell you that he is not in any fbi database. we have not had any investigations to him prior to this event. i can tell you at this time, we are still working on it. we have partners that we work with on these things. i think it goes to complexity and how hard the problem is and how long it's going to take. but we will get into that phone. i will not describe the type of phone, i don't want to encourage bad people to buy it. i'm not going to talk about what kind of phone it is.

i've done a lot of active shooters through the years. we look at the numbers, the numbers are on the rise read i think everybody no matter where you are need to think about this. if you're in a school, if you're in a college, if you go to the movies, we should all be thinking about what are we going to do with the crisis breaks out right here? there are a lot of programs out there, the fbi supports programs. we teach a law enforcement. there are a private community programs out there. i think we all think very hard about this to make sure that we are prepared. just like school to fire drills because we used to get a lot of children in fires back in the early 1900s, i think we also take active shooters very seriously and do everything we can to prepare for that. that's not my discipline, i'm sorry.

>> we are working in a partnership with all of the local funeral homes to ensure that our victims are not out-of-pocket and are not burdened by the cost of the funeral. so that is our hope is that the funeral homes will work with the victims to make sure that it does not go above that cost. i can't promise that to them at this point, but we are working in partnership with the funeral homes. they are aware of the situation and they don't want to re-victimize our victims as wel well. that same crime victims compensation is also available for the victims who are suffering injuries have medical expenses and things like that. so they will work with the attorney general's office, our office, fbi, dps to ensure that they go to the process to have that compensated as well.

it does. when the funerals will begin, that i do not know. >> has this happened before? military, air force, have you had this issue come up from other agencies not providing critical information? >> unfortunately, this has happened in the past from a number of agencies. nothing is perfect. i would refer you to a press release that our headquarters put out from our division that handles the checks and gives you some particular percentages and how the problem is being addressed.

[indistinct question] >> not that i'm aware of. >> do we have a timeline as far as when he started shooting? did he start from outside of the chapel or when he walked into the chapel? >> don't have an exact. he arrived, he was staying at the valero. he went to the church, he exited, he fired into the front of the church, he moved to the side of the church, continued to fire, that he entered the church and continue to fire. but as far as the exact time, i think with the 911 calls, we can tell you the first call that came in and with our good samaritan, of course he was there. we know when the call came in. within 4 minutes, the wilson county sheriff's office arrived on the scene but as far

as the exact time the first sho shot. >> when was the call? >> i believe so, yes. >> how many victims still in critical condition? >> we have ten that remained in critical condition. thank you for coming out this afternoon. we will keep you updated through the dps twitter as well as through our email please. >> sandra: authorities in texas wrapping up a briefing, giving an update on that mass shooting that happened at that small town church on sunday morning. what we just heard from officials there is that all indications point to this being a semiautomatic weapon. they went into some further detail, there was 15 magazines, the shooter had at the scene. all were empty when found, atf agents said they were able to find the shell casings left on the ground. they are going to use those to see if they were involved, this

was involved in any other shootings. another headline coming out of that, the phone of the suspected shooter was found. they have it in their possession. they have not been able to get into that phone. they are trying to do so. and they are not sure what the time frame is on that. as far as motivation, officials saying there is no evidence this was politically motivated or religiously motivated. when asked if anything could have stopped him from buying a firearm, the shooter, authorities said there was nothing in that fbi database that would have red flagged a background check. an update on the mother-in-law of the shooter, he confirmed she was not in that church. near the end, you saw that moment where the police were asked about the good samaritan who engage the shooter finally e shooting. they called him a hero and said how could you not love that guy? congress when jason chaffetz is on the couch. you just heard the update and more details coming up out of

that horrific morning. >> jason: it is so sad and i can even imagine. this is people going to church, a church full of people who are just trying to do the right thing on a brilliant beautiful morning, but that guy is a hero. i know he says he's not, but i've got to tell you, i've said it so many times. ordinary americans to step up and do extraordinary things inspire me and that guy inspires me. i do think the instant background check is an issue. the sports shooting foundation has been trying to fix this since 2013. there's a web site. if you go to fix nixon.org, you will see companies like vista outdoors and others trying to highlight the fact that this isn't just an air force problem. this is a problem across the united states, people are not properly populating that background check so that somebody like this is pushed back when they go to the counter and try to buy a gun. >> sandra: and still no motive yet. they were not able to say what

they think inspire the shooter to do this. >> lisa: of course, we want to get to the bottom of all of these questions and particularly looking at things like a database is important because they're only as good as the information that is being input into it. i think as we search for answers, there were no answers and no motive that are going to answer this unspeakable act. there is nothing that can explain such an act of evil of walking into a house of worship and killing an 18 month-year-old, killing a family of eight, murdering a woman who is pregnant, innocent people who are just worshiping and gathering together in the community. i think we look at the state of texas which has been rocked recently whether it's in the assassination of police officers, hurricane harvey, this church shooting and they continue to demonstrate togetherness in the best of america. >> sandra: this investigation is widespread and is going to take something to get to the

bottom of all of those questions. jessica, i want to bring you win. 136 officers and officials involved in this investigation. they called it massive and complex. >> i'm sure. watching it, i was on sunday night as well. it's very hard to find the words to describe something like this especially when you understand when you think about the children. there was a 2-year-old hiding the below a piano. what i would say is when is it possible to know what did this and there are particular cases obviously for each. we know that domestic abusers often turn this way. we have the pulse nightclub shooter as well beat his wife. but we do know that all of these people are mentally unstable. they are all suffering from some form of mental illness. and i'm glad to see that republicans and democrats can at least agree about that. i don't know where we go from here, but i hope that there is some path forward for us to deal with this because your circumstances changes but the fact that your insane dozen. >> sandra: it also stuck with me, 4 minutes for

first responders to get on the scene but it is a long time and an active shooter situations. more suite 22 in just a moment.

>> many thanks to former congressman jason chaffetz, always good to have you. >> thank you. busy hour, busy week. of course, you can join us every weekday at noon eastern time for "outnumbered." now here is harris.

we want to fox news alert, a high-stakes election day that could tell us a lot about the democrats prospects in 2018 and the president's clout. voters heading to the polls in virginia where a democrat faces off against a republican. the election could serve as a referendum on president trump. the president tweeted a -- peter doocy joins us live from triangle virginia. >> i caught up with ed gillespie in fairfax county a little bit before it started raining here and i asked the republican candidate whether or not he is worried about the potential impact of bad weather on