tv Happening Now FOX News March 26, 2018 8:00am-9:00am PDT
8:00 am
is flat blasted off in a homemade rocket. he reached 2,000 feet before a crash in the mohave desert. >> mad mike, you go! well-done. >> that's it for us. "happening now" starts right now. >> jon: a fox news alert on the u.s. taking action against moscow after the poisoning of a former russian spy and his daughter on british soil. good morning. i'm scott scott. >> and the spies were believed to be working under diplomatic cover and ordering moscow's consulate closed because of counter intelligence concerns. all part of a retaliation by western allies for the nerve agent attack on an ex-russian spy in great britain. ellison barber has more.
8:01 am
>> senior administration officials say none of these 60 diplomats are ordinary diplomats. they say all of them were engaging in intelligence activities and hiding behind the guise of trying to hurt the u.s. government and delegitimize u.s. negotiations here. the senior administration official called the attack a reckless attempt by the russian government to murder a british citizen and his daughter with a nerve agent. the official said it's an attack on the u.s.'s closest ally and cannot go unanswered. the white house says the president ordered that closure due to its proximity to one of the u.s.'s submarine bases and boeing. the white house said all of the actions make the united states safer by reducing russia's ability to spy on americans and to conduct covert operations that threaten america's national
8:02 am
security. with these steps, the united states and our allies and partners make clear to russia that their actions have consequences. of the 60 russians expelled, 48 are at the mission in new york. the families have been given seven days to leave the u.s. in europe, they're taking similar actions. >> the council agreed that the united kingdom's assessment that it's highly likely the russian federation is responsible and that it's plausible. already today 14 member states have decided to expel russian diplomats. >> canada says they have expelled seven russian personnel as well and they say some of those russian personnel had also been conducting spy activity. the senior administration official told reporters that president trump has not spoken
8:03 am
with russian president vladimir putin about this. their last phone call was on tuesday, but they say that russia was notified about these actions through, in their words, the appropriate channels. melissa? >> thanks, ellison. >> jon: breaking this morning, adult film star stormy daniels speaking out in a prime time interview about her relationship with president trump. daniels tells "60 minutes" she agreed to keep quiet because she was threatened. the interview leaves one big question unanswered. >> you don't want to say one way or the other if you have texts or other items? >> my attorney has recommended that i don't discuss those things. >> you seem to be saying that she has some sort of text message or video or photographs or you could just be bluffing. >> you should ask some of the other people when they have bet on me bluffing. >> jon: let's bring in host of media buzz, howie kirtz.
8:04 am
quite an interview. >> this much-hyped sit-down with stormy daniels failed to live up to the expectations asset by her own lawyer. daniels described a one-time sexual encounter with donald trump a dozen years ago. she had this to say about what she described as a parking lot encounter with a man in 2011 when she was going to tell her tale to a magazine. >> a guy walked up to me and said to me, leave trump alone, forget the story. he leaned around and looked at my daughter and said a beautiful little girl, it would be a shame if somebody happened to her mom. he was gone. >> daniels says she can't identify the man and didn't go to the police making the account impossible to verify. she told anderson cooper that she felt pressured into releasing statements, denying any affair as recently as january. >> you thought there would be a legal repercussion.
8:05 am
>> yes. the exact sentence used is they can make your life hell in many different ways. >> they being -- >> i'm not exactly sure who they were. i believe it's to be michael cohen. >> again, she doesn't know who "they" are. michael cohen the president's personal lawyer who paid her $130,000 to remain quiet at the end of the campaign, denies any involvement in any such pressure and has sent the actress a cease and desist letter. and daniels' lawyer teased that she had photos or texts to prove the affair but she declined to discuss that last night. and the attorney drawing criticism for that on the morning shows. bottom line, it's a saga for the president but stormy daniels did nothing to advance the story beyond the encounter with a celebrity business man that now wouldn't shock most americans. since many noted this happened after trump's son was burn, stephanie grisham said i know
8:06 am
the media is enjoying the gossip. i'd like to remind people there's a minor child whose name should be kept out of news stories when at all possible. beyond that, no comment from the white house. jon? >> jon: howard kirtz, our media analyst. thank you. >> thank you. >> just in, new numbers on the mid-term elections with a fox news poll showing gop narrowing the gop with voters. democrats had a 15% lead over republicans when it came to the generic party reference. now there's a 5% difference. joining us now is danielle halpern. it's hard to predict what will happen, but some people say there's something for the trend. do you buy that theory? >> yeah, these are better, more welcome news for the republicans than it was not too long ago. there's still many months until november. a lot can change. the last couple weeks, we've
8:07 am
seen a lot of noise. there's the stormy daniels interview. i'm not sure that reflects on republicans running for election necessarily other than the president of the united states. there's the stock market volatility, which i think has been crazy. if that continues, if the numbers bottom out, today was a good day. last week was not. if that bottoms out. things could change, a lot going on and a lot that can happen between now and november. >> i always feel like it comes down to money. sometimes politicians forget that. we drill down on some of the questions that were included in the poll. one of the questions is best describes your feeling about the economy. nervous, now 47%. back in 2010, that was 70%. confident, 40%. that's a considerable jump up from either 2016 or 2010. does that bode well for republicans in general? >> in theory, yes, definitely. in 2010, it was a disastrous
8:08 am
year for president obama. that was his first mid-terms after getting elected. he lost 63 seats in the house. it's expected, i should be clear, that republicans will lose some. the question is how much will they lose. i think another indicator, the poll is great. it's interesting. another indicator is this march over the weekend. you had presumably democrats in washington d.c. marching against gun rights. you also had them across the nation. that suggested not just that -- suggested that democrats are jazzed up about this election in a way that republicans aren't. >> you never know what those things -- people want fewer children killed in school but i don't that that translates to voting for democrats or republicans. they want solutions. before we dig into that, this part i thought was very funny. so the taxes you pay, this question. too high. that's barely budged. better now. 53 to 55.
8:09 am
about right is the same. then there's people too low which cracks me up. who are these people that think they're paying too little taxes? must be warren buffet. that's like do you think the loaf of price for bread is too low. i what tonight pay more. >> yeah, some people were so upset about the tax cuts that you would think people were banging down the doors to pay more. so it's -- yeah, of course nobody wants to write a check for more when it comes down to it. but you'd be surprised the people politically that do suggest -- >> that's think that's the case. you're always welcome to write a check to the government. oh, you overpaid us. must have been an accident. thanks, daniel. >> thank you. >> jon: isis makes changes in its recruiting methods. the united nations warns that the terrorists are using food as bait in africa where many, streamists relocated after the
8:10 am
collapse of isis in syria and iraq. >> i can tell you mother after mother will tell you that my husband did not want to join isis or al-quaida. but we had no food. if you haven't fed your little girl, your little boy in two weeks, the alternative is signing up with isis, you sign up. when we're there, it keeps them from signing up because they don't want to sign up, number 1. number 2, we want to come in and not just provide food but provide stablization, a stronger economy, sustainable development. >> jon: officials also warn european leaders that the new efforts could trigger another migrant crisis if they fail to provide stability. >> more on the growing response to russia and the nerve agent
8:11 am
8:12 am
mitzi: psoriatic arthritis tries to get in my way? watch me. ( ♪ ) mike: i've tried lots of things for my joint pain. now? watch me. ( ♪ ) joni: think i'd give up showing these guys how it's done? please. real people with active psoriatic arthritis are changing the way they fight it. they're moving forward with cosentyx. it's a different kind of targeted biologic. it's proven to help people find less joint pain and clearer skin. don't use if you are allergic to cosentyx. before starting cosentyx you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms of an infection. or if you have received a vaccine, or plan to. if you have inflammatory bowel disease tell your doctor if symptoms develop or worsen. serious allergic reactions may occur.
8:13 am
mitzi: with less joint pain, watch me. for less joint pain and clearer skin, ask your rheumatologist about cosentyx. ask your rheumatologist show of hands. let's get started. who wants customizable options chains? ones that make it fast and easy to analyze and take action? how about some of the lowest options fees? are you raising your hand? good then it's time for power e*trade the platform, price and service that gives you the edge you need. alright one quick game of rock, paper, scissors. 1, 2, 3, go. e*trade. the original place to invest online.
8:14 am
>> jon: now this fox news alert. the federal trade commission launching an investigation into the facebook data scandal. as founder mark zuckerberg makes a public apology to users. facebook taking out full page ads in newspapers all over the country promising accountability and change, but not addressing growing calls on capitol hill for zuckerberg to testify. >> we have to get our arms around this. mr. zuckerberg needs to testify before congress, not just put an
8:15 am
advertisement in a paper. he said he would if he's the right guy. he is the right guy. >> jon: joining us know, jody miller and joe concha. so let me take your pulses as to how you think facebook has handled this. judy, you first. >> badly, jon, in a word. this leak of information occurred in 2014. and facebook hasn't done anything about it until it literally exploded in their faces and on the front page of every newspaper in the world, not just america. so mark zuckerberg getting up there and saying, i'm really sorry, running ads in "the washington post," "the new york times" and the "wall street journal" is not the same as coming clean about what information has been shared, what they are going to do about this problem, how the problem
8:16 am
occurred. i think senator warner is right. zuckerberg has to go up to the hill and testify, and now he's going to have to cooperate with the ftc investigation. it's long overdue. >> jon: if his testimony is as good as that clip of sound we played before the commercial break, which sounded less than sincere, i'm not sure how well that will go for him. anyway, give us your sense as to how facebook and zuckerberg handled this crisis, joe. >> if facebook is the major company it is with the billions that it has, it has crisis management people and they should probably find another line of work to wait five days as mark zuckerberg did to talk about the story, didn't get in front of it. he has offered to go to the hill to testify. we'll see how that goes. he will have to be prepped more than he has in interviews so far. i'm not sure it's the end for facebook.
8:17 am
users seem to be clamping down on privacy settings which instead of deleting them. it's a hard habit to break for the 215 million people in the u.s. alone who have facebook accounts. think about that. we have 325 million people in this country and easily more than half have facebook accounts, a pugh research study showed that half of adults get their news from facebook. it's part of their daily digest in terms of news consumption. maybe they survive this. but things have to improve and improve greatly. >> jon: what about regulation? there seems to be an appetite on capitol hill to regulate this problem. >> there is, but i'm not sure there's a solutions that republicans and democrats can wrap their collective minds around. look, it's very hard to get anything done on capitol hill and this kind of regulation is extremely contentious and difficult. europe has enacted very strict privacy laws that are now giving
8:18 am
facebook heartburn. i'm not sure americans are ready to go there. as joe said, so many americans are almost addicted to this information. so the technical fixes for this are quite difficult. more transparency from facebook, google and the social media platforms upon which so many defend. it's absolutely now indispensable. >> jon: you had a comparison about what the obama campaign did with facebook versus the trump campaign that i thought was interesting. >> oh, yes. back in 2012, what the obama team did from a social media perspective in terms of targeting voters through social media accounts like facebook was seen as futuristic, revolutionary, ten steps ahead of the romney campaign. and when the trump campaign did basically the same thing, it's portrayed as evil and sinister. another thing from a political perspective. finally, just based on what we have seen from interviews and
8:19 am
mark zuckerberg, the p.r. hit he will take on this, we can put to rest the zuckerberg for president thing, he's ready to unseat president trump, he's clearly not ready for prime time. >> jon: thank you. >> melissa: a texas police officer shot and wounded in a line of duty after a tense standoff. and president trump's new national security adviser, former u.n. ambassador john bolton. how will his choice affect negotiations with north korea and iran? >> the north koreans know without a doubt that john bolton sees their nuclear program as a threat to the united states and strongly advise the president to use military force if he has to, which means it's less likely we will. i have type 2 diabetes.
8:20 am
i'm trying to manage my a1c, then i learn type 2 diabetes puts me at greater risk for heart attack or stroke. can one medicine help treat both blood sugar and cardiovascular risk? i asked my doctor. she told me about non-insulin victoza®. victoza® is not only proven to lower a1c and blood sugar, but for people with type 2 diabetes treating their cardiovascular disease, victoza® is also approved to lower the risk of major cv events such as heart attack, stroke, or death. while not for weight loss, victoza® may help you lose some weight. (announcer) victoza® is not for people with type 1 diabetes or diabetic ketoacidosis.
8:21 am
do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. stop taking victoza® and get medical help right away if you get a lump or swelling in your neck or symptoms of a serious allergic reaction such as rash, swelling, difficulty breathing, or swallowing. serious side effects may happen, including pancreatitis. so stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. tell your doctor your medical history. gallbladder problems have happened in some people. tell your doctor right away if you get symptoms. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. common side effects are nausea, diarrhea, vomiting, decreased appetite, indigestion, and constipation. side effects can lead to dehydration, which may cause kidney problems. change the course of your treatment. ask your doctor about victoza®. you or joints. something for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement
8:22 am
8:23 am
you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> jon: a texas police officer is shot in an exchange of gun fire leading to a standoff. austin's police chief says two officers were responding to a 911 call from a home when someone inside began firing. >> the officers ran from the front of the house and jumped
8:24 am
over a fence and called it in. at that point we had multiple units responding to the scene. the officers, one was immediately extricated. took awhile to get him out and get him in an ambulance and get him to the hospital. took a little while to get the second officer out given we had someone in the residence and had a weapon and fired at officers. >> jon: the suspect was fatally shot when he stepped outside with a woman that was unhurt. the officer is expected to recover. >> melissa: president trump ordering the expulsion of 60 russian consulates. the move is part of a retaliation by u.s. and european allies to the nerve agent attack of a russian spy on british soil.
8:25 am
vladimir putin and trump have not spoken since tuesday. lieutenant colonel michael waltz is a former green beret commander, former counter terrorism adviser to vice president cheney and author of "a warrior diplomat." thanks for joining us. >> thanks, melissa. >> melissa: what is your reaction to the idea that they shut down that embassy in seattle, saying it was too close to boeing and too close to u.s. navy installations? sounds like it seems out of "the americans." >> i welcome this action by the trump administration and by the president. we need to stand up to putin who i remind everyone has spent his entire career as a colonel in the kgb before ascending to power. for those criticizing the president for saying he's not tough on russia, let's look over the last couple months. we're kicking out these diplomats who we all know are really serving as intelligence
8:26 am
operatives. we stood up in syria taking out mercenaries. we're selling arms to the ukraine, to stand up to russian aggression there and standing with our allies in the e.u. for this biological attack in the u.k. and we're going to see additional rounds. putin is a bully and it's time to stand up to him. >> melissa: yeah. that segues nicely to the appointment of former u.n. ambassador as john bolton as the new security adviser. he's talked very tough on russia and understands exactly who putin is. >> that's right. >> melissa: now the president faces he's challenges with north korea, iran, russia. listen to this about ambassador bolton. >> bolton is a very solid professional with a long career. i think bolton and pompeo both will provide the president with a range of choices along with secretary mattis and i think they -- they'll be going in the
8:27 am
room saying how can we help get what you want done as opposed to going in the room saying what you want done is wrong. >> john bolton is a disastrous pick. when he was nominated to be ambassador to the u.n. by a republican president with a republican controlled senate, he couldn't get confirmed because of real concerns about both his rhetoric and also about his track record of cooking intelligence to make it look other than it was. >> which side do you come down on? >> i think ambassador bolton who we know well, understands uniquely. this president understands that actually what helping diplomacy, what helps our diplomats at the table is the credible use of military force. our opponents and adversaries have to believe that the united states has the strongest military in the world and will use it. that's what helps diplomacy and
8:28 am
what we've been missing the last eight years. so there's strength. ambassador bolton understands that. the secretary of the state and the national security adviser, i've served in the white house, they have to have an air-tight relationship with the president. both for different reasons. as opposed to the defense secretary, the attorney general where there can be more distance there. i think ambassador bolton is incredibly both professional and experienced to do this job. if the president -- if he has the confidence of the president, i welcome the pick. >> melissa: you made the point that it's not that ambassador bolton is a hawk. it's the fact that he understands the actors around the globe that make deals and are just simply lying and have no intention of living up to their part of the bargain. >> that's right, melissa. he's seen this over the years where these regimes, these murderous regimes, whether it's north korea or the iranian ayatollahs will essentially lie, cheat and steal and use these diplomatic efforts to buy time.
8:29 am
what i'm looking for to with ambassador bolton in north korea, is not necessarily the summit, if it happens, but the aftermath. the north koreans buy time, whether it's how the inspectors do in or when or the notification. meanwhile, their nuclear scientists and missile engineers are busy bees building a functionalized icbm and ambassador bolton will use their feet to the fire. >> melissa: thanks, lieutenant colonel. >> thanks. >> jon: more ahead on the diplomatic fallout on the poison attack from the former russian spy. we told you president trump ordered the expulsion of 60 diplomats. what led to the president's decision? plus, missile attacks on saudi arabia heating up. the war in yemen. how the saudis are responding.
8:30 am
♪ with expedia you could book a flight, hotel, car and activity all in one place. ♪ jushis local miracle ear t at helped andrew hear more of the joy in her voice. just one hearing test is all it took for him to hear more of her laugh... and less of the background noise around him. for helen, just one visit to her local miracle-ear is all it
8:31 am
took to learn how she can share more moments with her daughter. just one free hearing test could help you hear more... laughter... music... life. call now! for a limited time, you can get $500 off miracle-ear hearing aids! ♪ directv now gives you more for your thing. your letting go thing. your sorry not sorry thing. your out with the old in with the new, onto bigger and better thing. get the live tv you love. no bulky hardware. no satellite. no annual contract. try directv now for $10/mo for 3 months. more for your thing. that's our thing. visit directvnow dot com you wouldn't accept from any one else. so why accept it from your allergy pills? most pills don't finish the job because they don't relieve nasal congestion. flonase allergy relief is different. flonase relieves sneezing, itchy, watery eyes and a runny nose, plus nasal congestion, which pills don't.
8:32 am
8:33 am
8:34 am
they control most of yemen and battling saudi arabia for control of that country. now, riyadh says they shot down all of the seven missiles that were fired into the country, but arms experts are disputing that saying it's possible they didn't get any of them or if they got any of them, they might have gotten a couple of them. fragments killed one and wounded two others. all three were egyptian nationals living in saudi arabia. the attack comes on the third anniversary of the military operations that were launched against the rebels in yemen. this comes as the saudi crown prince is in the u.s. to shore up support. the conflict has killed more than 10,000 people in yemen and considered a humanitarian disaster. the u.s. is a major supplier of weapons to saudi arabia and has
8:35 am
advisers in saudi arabia helping with the war effort. a bipartisan group in congress is trying to bring the united states back away from some of that support. they're also talking about limiting arms sales to saudi arabia as well. president trump, of course, melissa, has a strong relationship with bin salman, the crown prince and sees the world through the same lens, that iran needs to be taken on in the middle east and that the rebels need to be kicked out of power in yemen, melissa. >> melissa: thanks, conor powell. >> jon: now this fox news alert on the growing diplomatic fallout from the nerve agent attack on an ex-spy in britain. now the u.s. has kick out 60 diplomats and closing down a
8:36 am
consulate in seattle. joining us now for political perspective, richard fowler and alex conan, partner at firehouse strategies. thanks for being here. >> morning. >> good to be here, jon. >> jon: alex, last week the president was being escoriated and now he's expelling diplomats. how do you explain? >> his thoughts on russia are far more than what the critics say. he congratulated him on winning a fake election despite what his advisers reportedly recommended him to do. he turns around and has the tough actions today in concert with our european allies, this
8:37 am
follows sanctions that he passed last year that he signed into law. other tough measures on russia. he's willing to talk a good game with putin but so far his actions have been strong. somebody that is a critic of russia as i am and my former boss, marco rubio is, we're emboldened by these policy changes. >> jon: richard, are you surprised with the number of russians that were expelled? >> i'm happy he did it. here's my problem with his strategy on russia. you can't have a good personal relationship with our enemies. if history says anything, when chamberlain had a good personal relationship with hitler, he -- he was ran out of office in the united kingdom. you can't have a relationship with putin. he's one of america's top enemies. not only did they engage in deceptive practices in the election but also with our allies. what i want to see from this
8:38 am
president is stronger rhetoric towards russia and more action when it comes to making sure that russia can no longer attack our democracy and russia can no longer attack our allies. >> can i respond to that? i don't think that's accurate. first of all, the president has shown that he's clear-eyed towards russia. last week, he signed into law the omnibus which includes billions to protect our elections. unlike president obama that did very legal to help the ukrainians, this president is selling arms to protect themselves against russian aggression. policy after policy, this president has shown he's tough on russia and putin even while like president reagan, he's willing to sit down and have discussions with them. >> you can call it tough on russia if you would like. many of the sanctions were passed by congress and he had no other choice. just like the omnibus spending bill. he had no choice but the sign it
8:39 am
because it was passed by congress. if he didn't sign it, the government would have shut down. he could have bucked the american people or his own people or he would have been standing holding the bag. he did what he had to do. when it comes to it, he's over and over again in public -- people have asked him to say that do you believe that putin interfered in our democracy. he had no answer. that's what is -- that causes pause amongst americans. >> jon: you can't say that about the 60 diplomats -- >> no, when the president does good, i applaud him. i'm happy the president made a bold move today. what i want to see is more bold moves from this president when it comes to how he deals with russia. we know that russia is our number 1 geo political foe period. >> jon: go ahead, alex. >> i agree with that. the policy is tough and we'll see more tough policy vis a vis
8:40 am
russian. >> jon: as melissa said, the appointment of john bolton. thank you both. >> good to see you. >> melissa: why attorneys for the pulse nightclub widow's shooter is calling for a mistrial and what claire mccaskill is saying about hillary clinton's remarks about voters that chose donald trump. >> for those of us in states that trump won, we would appreciate if she would be more careful and show respect to every american voter and not just the ones that voted for her.
8:41 am
my digestive system used to make me feel sluggish. but those days are over. now, i take metamucil every day. it naturally traps and removes the waste that weighs me down. so i feel...lighter. try metamucil and begin to feel what lighter feels like. take the 2-week challenge and see the difference metamucil can make. begin to feel what lighter feels like. available at walmart and walmart.com i knew at that exact moment, whatever it takes, wherever i have to go...i'm beating this. my main focus was to find a team of doctors that work together. when a patient comes to ctca, they're meeting a team of physicians that specialize in the management of cancer. breast cancer treatment is continuing to evolve. and i would say that ctca
8:42 am
is definitely on the cusp of those changes. patients can be overwhelmed ... we really focus on taking the time with each individual patient so they can choose the treatment appropriate for them. the care that ctca brings is the kind of care i've wanted for my patients. being able to spend time with them, have a whole team to look after them is fantastic. i empower women with choices. it's not just picking a surgeon. it's picking the care team, and feeling secure where you are. surround yourself with the team of breast cancer experts at cancer treatment centers of america. visit cancercenter.com/breast appointments available now.
8:43 am
8:44 am
forward-looking." mccaskill rebutting clinton for discouraging voters in her state. >> i understand the point she was trying to make, but it felt like she was criticizing missouri voters. i would draw -- talk about drawing a line, i would draw a line there. i have great respect for missouri voters. there's a lot of reasons they voted for donald trump. some of which i completely understand. >> melissa: president trump won missouri and democratic senator mccaskill is running for re-election in november. >> the truth, noor salman is somebody that never could have masterminded this incredible thing that led to the deaths of 49 people. >> jon: the widow of the pulse nightclub shooter on trail for aiding and abetting a terrorist. this is after her husband opened up fire and killing 40 people.
8:45 am
now her attorneys want the judge to dismiss the case. they failed to tell them that the gunman's father was a long-time informant. let's bring in our panel. bob bianci and richard st. paul. welcome, gentlemen. >> good to be here. >> this is a twist that i didn't see coming. omar mateen's father was an fbi informant. does that automatically disqualify the jury from proceeding or disqualify the proceeding with noor salman's trial? >> it doesn't. but it present as problem for the prosecution. this will now be the second time that the judge is likely to admonish to say this is information you should have provided to the defense. this case was hinging on the idea that she was the mastermind plotting with her husband. now we find out for 12 or 11 years this this guy was an fbi informant and may have been
8:46 am
involved in activities where he was trying to commit potential acts of terrorism and the defense said we wanted to know that information and the fbi and the u.s. attorney's office hid that for us so we could argue third party guilt, that the plan was between father and son and not wife and husband. so as a prosecutor myself where they're going to get an instruction, the judge won't grant the mistrial. they'll say they should have produced this information, they waited too long to produce it. it could be devastating to the credibility of u.s. attorneys. >> what about it? the defense has asked for a mistrial. does that rise to that level? >> the mistrial or dismiss the charges. here's why. prosecutorry misconduct. the prosecution withheld evidence. they have to provide ed to show the person is guilty or not guilty. they didn't provide information
8:47 am
showing that mrs. salam was not involved in the preplanning of the attack. the defense just got that information. she's chargeded with aiding and abetting. that means she was charged in the planning of the attack. that goes to the heart and guts the case if there's evidence that shows that she was not involved in the plans of the attack. the prosecution has big problems here that their misconduct may lead to the dismissal of the case. >> she went out with him when she was casing the nightclub. there was a lot of -- there was a lot of indications that she was aware that something was in the pipeline. >> jon, this case rested on that very big fact that she was aiding and abetting. what the prosecutors got admonished for, the witness never gave the information. they knew she had not gone wasted on cell phone records. so one, the major part of their case and aiding and abetting got eviscerated not to mentioned the
8:48 am
prosecutors because the jury knew that information was never presented to them. now we have yet another scenario where that is happening. you know when i talked to you about this case, i'm -- as far as material aiding and abetting or a hung jury. this makes it worse. >> and the father was an informant for the fbi. what did he know, when did he know it? he was a government witness. the government did not call him. after they didn't call him, they finally exposed to the defense that he was an informant after. a lot of misconduct here. the prosecutors shot themselves in the foot. >> and the defense is doing a good job arguing the reason he did that, he was under their control as an fbi informant. instead of pointing the finger at him, they placed the blame on somebody else. >> the defense is handling the
8:49 am
case now. we could get a verdict later this week. it's expected to wrap up wednesday. thank you both. >> thank you. >> melissa: the justice department going to court trying to block a telecommunications megamerger. why they say it could end up costing american consumers money every month. plus, terrifying video from a catastrophic fire as people in a mall desperately tried to escape.
8:52 am
8:53 am
to testify before congress. can the site gain more trust? >> and a former hillary clinton campaign aide says they should have pushed back harder on her use of a private e-mail server and claims they could not put the scandal to rest because hillary clinton is a woman. just more liberal gender politician or something else? >> all this and plus our #oneluckyguy at the top of the hour. >> happy monday. >> jon: new developments in a catastrophic fire in a shopping mall in russia. investigators say fire exits were blocked and a security officer turned off a fire alarm system when he received a call about the inferno tearing through a mall in siberia yesterday. at least 64 people are dead, including children. and many others remain unaccounted for. >> melissa: witnesses taking the stand in one of the most closely watched antitrust cases in resent history.
8:54 am
the justice department suing to block the at&t time-warner merger arguing it would harm competition in the media city. garrett tenney is live with more. garrett? >> cable companies are not just competing with each other anymore. the biggest competition is coming from the tech giants of silicon valley with streaming services like netflix, amazon and google. so at&t says they have to grow to survive in this new media landscape. to do that, the telecommunications giant is proposing a $85 billion acquisition of time-warner and their channels and movies. the just thinks department is blocking the deal and says the merger could allow at&t to charge rival cable and streaming companies more for time-warner's channels like hbo, tnt and tbs. those higher costs would eventually be passed along to you and me.
8:55 am
at&t denies the merger would lead to higher prices. the head of the trial argued the government is failing to recognize how fast the media landscape is changing. >> if you look at the definition they put in their trial brief, it's a 1990s view of the world. at the end of the day, we're confident that our evidence will demonstrate there's no consumer harm and pure consumer benefit. >> that's what the central argument will be. will consumers pay more to watch time-warner's contend. today the chairman is expected to testify that it will not and the head of one of at&t's direct competitors dish network's sling tv is expected to testify that it will. the case is expected to last six to eight weeks and the court's decision will set a big present for what sort of media mergers will be allowed for years to come. stay tuned. >> melissa: the whole point is lower cost and higher prices. i don't know how they will argue prices won't go up.
8:56 am
thanks, garrett. >> jon: president trump orders dozens of russian diplomats out of the u.s. retaliation for a nerve agent attack on a former russian spy in the u.k. our western allies following suit. more on this breaking story moments away. liberty mutual stood with me when this guy got a flat tire in the middle of the night. hold on dad... liberty did what? yeah, liberty mutual 24-hour roadside assistance helped him to fix his flat so he could get home safely. my dad says our insurance doesn't have that. don't worry - i know what a lug wrench is, dad. is this a lug wrench? maybe? you can leave worry behind when liberty stands with you™. liberty stands with you™. liberty mutual insurance.
8:59 am
>> i remember what it's like trying to take four kids to disney world. disney is saying if you book a trip this summer you may be able to get free food for the kids, so there you go you go. >> it's so smart. i have three kids, whatever they choose to eat, when you get charged a bunch for that it really irks you as a parent.
9:00 am
this is smart. >> we will see if they can filled a theme park this summer with kids. >> i'm sure they will. thanks for joining us. >> "outnumbered" starts right now. >> sandra: president trump leading the way, telling 60 russian diplomats that the administration is calling the most aggressive move yet in response to the poisoning of a kremlin spy in the u.k. almost a dozen european states are following suit in a coordinated effort to punish russia and the russian saying they are considering a response. i'm sandra smith, here today, harris faulkner, republican strategist and fox news contributor lisa boothe. former deputy spokesperson for the state department, marie harf and joining us on the couch today, fox news contributor and coauthor of "let trump be trump"
123 Views
Uploaded by TV Archive on