await more details on her death, how she died exactly, where we now know it was a county in which she was staying in brooklyn iowa. we will have more on that coming up at 5:00 p.m. eastern time, updates from authorities on the ground there. thank you very much for joining us today, that's it for us. sad story, we will get more details later. >> harris: begin with making news, new development in the paul manafort bank and tax fraud trial a short time ago, the jury asked the judge what happens if we cannot come to a consensus on a single count? to the entire verdict, what happened? peter doocy live in alexandria, virginia, i'm reading through the email that you sent our team, this is a big development, how? >> the court just went to a short recess, so them to be a team and the defense can figure out how they want to respond to this question, the first question of substance of the jury has had since the first day of deliberation and this is what it said on a note that came

after a knock on the door. if we cannot come to a consensus on a single count, what does that mean for the final verdict? judge ellis responded and said this is not exceptional to a jury trial and he also said the jury can reach a partial verdict. our team inside the courtroom just ran out and said that the jury has been sent back in to the jury room. so the teams thought about it, they responded in the judge decided they needed to keep going. this question about the final counter is single count they can't come to a consensus on his a real evolution and what we've heard from the jury because the last time that they had a question of substance, it was about the fundamentals of the case. can you please redefine reasonable doubt and can you please help us organize the government's exhibit, the hundreds of nonsequentially numbered government exhibits? the jury is out been deliberating for about 24 hours,

a little bit more than 24 hours over the span of four days and a source to the manafort's defense said this morning, their side looked at the jury and believe them to be very serious looking which they took as an indication that there was some kind of a problem possibly in the jury room. is there anything else? to the jury is going to continue deliberations, we don't know how long they're going to be in there. >> the judge said they would instruct them eventually that they would give a partial verdict but did not want to tell them that now, he didn't want to let them know that's a possibility. instead, he sent them back to the jury room and wants that unanimous verdict. but hinted to us that they can't come to one on a certain account, he may take a partial verdict.

>> see you guys heard it from jake and that is how we have to get all of our information from the courtroom because nobody can ask any electronics inside. it is literally just reporters go in there and they race out to the cameras to get it out as soon as possible. see you guys. as the same time. >> harris: i just want to be clear because we are also getting information back here, jake gibson emailing out as you are. so it was first reported that this jury was told that a partial verdict could be possible but what we're saying now is that they actually have not been instructed, the judge held that back, is that the cas case? >> it sounds like something that after they asked, a lot of the time when the judge has something that he wants to communicate to the team into the defense, he will do that with the jury outside of the room, the jury located sequestered somewhere out. i'm just getting this also, the judge called the jury about 10 minutes ago and said you should not surrender your honest opinion on the judge also said

each of you must decide this case for yourself, he also said you are not partisan, you are judges, you are the exclusive judges to the credibility of the witnesses and the judge again said you may disregard my comments as you may disregard anything said in court thus far. so it sounds like good question. i know that during or rather before the jury went back to start deliberating after two and half weeks of the government laying out evidence in bringing witnesses to make these and wow allegations against paul manafort, they did say not to take into consideration a lot of the comments that he made to the rouhani where he was critical of them speaking too much on his lavish lifestyle are going too slowly for them not making direct eye contact and rolling their eyes. the judge said don't take any of that into consideration, just focus on the evidence and it seems like he's just telling

them a different version of that right now as i go back stock on at least one of the 18 counts. >> harris: can i go back to another point because i want to make sure i got it right. you said a source close to the manna for defense what exactly? >> told me this morning that when they went into court, the jury had a different look. they looked to be more serious than they have looked at two and a half weeks of the trial prior to today and that really did stand in contrast to their clients paul manafort who spends all day here while he's waiting for a verdict in solitary confinement without a tv or a book or even a magazine who came to court today and looked as upbeat as he has at any point over the last two and half weeks. you've got the jury, they look like they're serious, you got the defendant. >> harris: they've been doing this for several days, the probably serious about ending i it. >> we will see.

they are stuck on at least one thing. so we don't know if they're going to come back with a partial verdict or they're going to come back still stuck. again, could be a couple of hours, could be a couple more days. >> harris: it so interesting, you and jake gibson going back and forth, this idea of partial verdicts and where they stand and 18 count indictment and as you look at kind of how it's enumerated and broken out, not all of those are necessarily related to each piece of evidence, the prosecution failed to show the connection points and in their closing arguments, you've been reporting for us that they had this big chart they wanted to show the kind of connect everything in the judge said no and when the jurors came back on that first day, one of their questions was can we get a list of those indictments to try to match things up? is a lot of information, it can be a very confusing white-collar case, but this news that you just brought us moments ago from the judge, you should not surrender your own opinion and went on to say that disregard

anything the judge may have said in that courtroom with color. very fascinating. this jury not sequestered and that's not unusual, but that seems to be less of a concern compared to what the judge actually said in the courtroom. >> right, but in terms of them not being sequestered, the judge kind of just have to take these jurors words for it that they can go home to northern virginia somewhere and tell somebody that they just had their 15th day at jury duty and expect that person not to ask the many questions about are you on the paul manafort trial, i just saw this article or the president just said this about it. >> harris: my point is cautioning more against things that he is actually said in the courtroom. >> melissa: that goes back to what he said in the beginning about when he said paul manafort obviously is a great finances because he didn't notice that his lieutenant was stealing from him there.

>> harris: lots of color from him. peter doocy, we will come back from you as the news warrants breaking in today that we have one more question and it looks like a serious one from the jury having to do with they cannot reach a consensus on all counts. thank you very much in our best to take gibson along your side there. >> thanks, harris. >> harris: a lot to chew on here. what do you make of it? >> jason: this is the beauty of the american system, it's up to 12 people, men and women who were sitting there and they've heard the testimony and now they are behind-the-scenes close doors debating things. that's the american system, that the jury system and whatever they come up with, that's the verdict. >> katie: we should define what coming to a consensus means. that means all the jurors saying guilty, all the jurors saying not guilty. when they talk about jury being stuck, they can't come to a conclusion either i'm not guilty or guilty. >> melissa: for just one of the counts, they should clarify that now.

>> katie: when they say on a single count, what they mean is all the accounts that are laid out there looking at, it could be a single, but could be multiple single counts of their deliberating is what mean they're stuck on just one, it means i could be stuck on multiple single counts and that's where they are, we just don't know. so it's important to talk about what happens next if they can't come to a conclusion, if they stay stuck in say we can't decide guilty or not guilty, the prosecution then can retry those counts later on if they choose to. >> melissa: they actually just clarified in my ear that it's only one account, one of the 18 they're saying they can't come to a conclusion on but i hear you. >> katie: on a single count, so could be one, but it also could be multiple single counts they could be deliberating over multiple single counts. >> harris: here's what i would add to the mix here, the judge according to our producer jake gibson standing next to peter doocy, giving him this information which was very helpful, gave this with the jurors outside the room, this

idea of a partial verdict, that he wants them to reach consensus on all of them, on each count and in total, the 18 count indictment. an oversight when you were in congress, he looked at a lot of things and do you normally i would imagine take everything in its totality. what significance do you think it is that the judge would have them outside the room, partial verdict possible, but i still want you want to try to reach a single overarching verdict. >> jason: gives the defense of the prosecution to think about it as attorneys but i think pushing the jury back in there and saying you know, we are not letting you go, you have to keep going debating this and hashing out one at a time until you come to this consensus really forces the issue. people get tired connecticut worn out, they hatch these things time and time again but as the beauty of the system. they have to go through it and i think the prosecution actually

created a lot of confusion because it and index all this information. they got thousands of documents that are supposed to try to sort out. >> melissa: that could be a strategy. we are talking about this before the show that maybe the strategy behind it wasn't an oversight that i didn't connect all these things and they didn't use the chart that they had and they didn't draw what was what, or was it a strategy that you just get so overwhelmed by how much evidence this is that you just decide that he's guilty he met i don't know. it's interesting. we're talking about bank fraud, bank fraud is when you lie on the loan application and there are a lot of people during this financial crisis were guilty of that who inflated their income on mortgage documents to get a house that they really couldn't afford and a lot of the charges are very complicated. that's a pretty basic one and it's what i think more people in the audience are guilty of than they care to think about. >> jessica: to your initial point about whether this

might've been part of the strategy to throw so much out there and end up getting confused, would speak to the fact that every prosecutor heard on tv talking on the couch with us last week said this is kind of a slam-dunk case. this is black and white because it's obviously separated from the mueller probe we are just talking about and bank fraud. so that would make sense they are that they would just try to overwhelm them with documents, we would certainly all seen a document dump of epic proportions in our time. >> katie: it doesn't make any sense at all because if you're a prosecutor, you don't want any reasonable doubt. if you're going to throw so much evidence at a jury that they get confused, that then creates doubt and you can't convict someone of being tipped guilty if you have any kind of doubt. so it seems like they were unorganized and they rushes through but for federal prosecutors not to label things is pretty out of the ordinary. >> jessica: how would you claim they wouldn't have taken the time to do that when they have it? >> katie: they may have stupidly assumed the jury --

they've done enough, present enough evidence, the judge was getting irritated was taking too long and therefore they're going to move on but usually there a lot more organized. >> harris: can i add one more thought to this? it is sort of prosecutorial style and you can just lay out your case and then wait for that climax at the end to tie it all together. we see tv shows like that. another big payoff in the end and because people are typically not doing anything else, not working, maybe they're concentrating on each and every element and then bring it all together, tie a bow on it and you look like a big winner at the end. let's bring this end, this is breaking now. a chief intelligence correspondent catherine herridge is at the federal courthouse in alexandria, virginia, as well and you were just in the courtroom, what are you hearing? >> i am sitting about 15 feet from the jury and it began just about an hour ago when the security officer retrieved a note from the jury room, what

you would rip out of the school notebook and it was folded in quarters, went to the judge's chambers, then you reconvene the court and you read the note and the jurors said what happens if we can't reach a consensus on a single count, how do we deal with the verdict form and what does that mean for the verdict overall? there was back and forth between the two sides and the instructions from the judge to the jury is that they should continue to deliberate, but this is a big moment for me. it was wrapped in tension, laser-like focus of the 12 jurors on the judge and he said at one point, you must find it within yourself to respect the view of the minority and one of the jurors, a man who appears to be in his mid-30s started nodding very vigorously in agreement so that was a signal to me that he may be the one that's on the outside. the base on the question, they have reached the a consensus on some charges, they are stuck on

one of them when they're trying to understand how to proceed. the other big take away is that the judge did not instruct them that there's a possibility of a hung jury. there can be division and that still okay, so for example, they reached consensus on nine of the 18 charges but they don't reach consensus on the other nine and that's okay. he hasn't held that out as a possibility at this point, he has urged them to go back and try and reach consensus on those remaining counts. >> harris: so that's different in nomenclature than what we've been reporting so i want to make sure we all understand if there is a difference to note here, a partial verdict versus a hung jury. the prosecution could then retry based on the charges if they didn't reach consensus with. is this judge saying that he would accept a partial verdict to go forward as a guilty or not guilty? can you parse it for us? >> i want to be clear on this,

let's focus on what the instructions are to the jury right now and not go two or three steps ahead which i think is very speculative. what he has said to the jury right now as i want you to go back, want you to continue to deliberate and try to reach consensus. what he has not done at this point is offer up other options that would be acceptable to the court. he wants to focus on consensus, if they come back in the cannot reach consensus on at that point, there will be additional instructions but i don't want to take it two or three steps and get to speculative or hypothetical in this discussion of the deliberation. >> harris: as you are talking, we are showing some video of the lead counselor for paul manafort just of people are looking up at their screen, they're not confused by what they're seeing. the jurors at this point. >> one of the things that we are not talking about and this is my training being inside the courtroom is that you want to look at the jurors and you also want to look at the defendants and i saw a big shift from paul

manafort earlier today where he seemed very upbeat, but once the note came in, he became very solemn. he was smiling slightly as he looked forward into the court and then when the jurors know based on the podium, the prosecution and defense could read it, you could see him visibly leaning over to see the handwriting for himself, a very engaged but also very solemn at this point trying to interpret as we all are what the question means about the 18 counts as a whole here. >> harris: that's interesting, it's very complicated and people do so much more degrading than they do tea drinking is what we've had in the last couple of days is his defense saying another saying the longer they stay deliberating, the better it is for the defendant, no doubt he's got some of that in his constellation and is hopeful about it, another serious note causes you to kind of lean in as you have said. we will come back to you, we know that you are in and out of

the courtroom, it's a wonderful opportunity for us to get some of that color and better information and instruction of the judge is giving, so thank you for being there and for this report. so again, i lean on your oversight committee experience in your leadership experience because he had to take a look at a lot of things when pieces were coming together. your thoughts on where we are now? >> jason: one of the things that bothers me about this just in general is this has absolutely nothing to do with russian collusion, if somebody is guilty, i want them to be convicted but the reason all the cameras are there, the reason we are talking about this is because for three or four months of his life, he was engaged in the trump campaign and i worry that at some point, we have to step back and say when you have proximity to people in power, that doesn't necessarily mean you get the full weight of the federal government coming after you on either side of the aisle. again, my understanding of this case is that the federal government looked at it, decided

not to prosecute previously but because now involved in the trump campaign as a manager for whatever it was, three or four months, that's why all this focus is going on there and there will be all this conjecture about what does this mean for donald trump? it has nothing to do is donald trump. >> melissa: let me take the other side of that for a second. first of all, you're not saying that tax evasion is okay. >> jason: if he is guilty, i want him to be convicted. >> melissa: he does have connections to putin backed russians, kremlin backed russians through all of this. whether there in ukraine. of so there is a connection to russia and it did make them vulnerable here, that something that we want to know. if i understand these particular charges have nothing to do with the president but it does have a connection and you see down the road, that that connection force them to do something later and we don't know if the president was involved in that but i

wouldn't say this has nothing to do with russia at all. >> harris: what you're pointing to and don't even have a date yet on when things will start to kick along, this one has got to wrap up in d.c., the change. you saw the lead attorney for paul manafort as i said, councilor downing walking in. he said on camera exiting the court, he does not know if the question about a single count means jurors have a consensus on the 17 other counts with one exception or on zero counts and they don't have a consensus on a single one. this is what counselor downing is saying it is also what katie pavlich was saying on the couch as well. we get more clarification, we are on verdict watch, stay clos close. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength to stop tough pain for up to 12 hours with just one pill.

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whether you use your phone to get fit. to find meaningful, thoughtful, slightly-weird gifts. or just to know which way you're facing right now. however you use it, your wireless bill is about to cost a whole lot less. ask how you get xfinity mobile included with your xfinity internet. so you just pay for data -- by the gig or unlimited. saving you hundreds of dollars a year. plus, get $300 back when you buy a new smartphone. xfinity mobile. it's simple. easy. awesome. click, call or visit a store today. >> harris: breaking news today, we are still following the sources tell fox news investigators have found the body of missing iowa college student mollie tibbetts. as you know from our reporting, she vanished more than a month ago. investigators say she was last seen during a routine jog in her small town of brooklyn iowa. it's unclear if she returned after that run to go home where she was dog sitting for her boyfriend and brother. they were both out of town at

the time, investigators have followed hundreds of leads, they say spent days canvassing the nearby hog farm, talk to the hog farm owner, cornfields and other properties also searched for traces of mollie tibbetts. they've interviewed dozens of people. authorities plan to hold a news conference today at 5:00 p.m. eastern. we will bring that to you live and of course any updates as we get them throughout the day. >> melissa: fox news alert, lawmakers are threatening and new sanctions more now in russia as the senate is holding dual hearings on the threat from moscow to our elections. this is microsoft is revealing that it's uncovered new evidence of russian cyber attacks ahead of the midterm. a short time ago, bipartisan group of lawmakers taking the trump administration officials to task over the ministrations handling of the ongoing threat from russia to influence the u.s. election. here is democratic senator ben cardin accusing the president of undermining his own administration's russia strategy

and got some strong pushback. >> there have been times that the president has made this a very partisan issue. >> i disagree with your overall characterization of the president hasn't followed his policies, these are the president's policies. the president directed a russian strategy, a strategy for countering russian influence, the previous administration did not. if >> melissa: today, the treasury department announcing new sanctions on two russian firms were trying to evade u.s. sanctions while microsoft announced it's discovered that russia created six phony web sites aiming to target conservative institutions critical of russia or of president trump. in the meantime, president trump in an interview with reuters leaving the door open for cooperation with russia when asked if he would consider lifting sanctions. the president responding "i am not considering it at all. i would consider it if they would do something that would be good for us but i wouldn't consider it without that. we have a lot of things we can do good for each other.

you have syria, ukraine, many other things. they would like economic development, that's a big thing for them. so many moving parts here. i will ask you, jason. these web sites set up in order to seem like their policy web sites people go when they visit them in as a result, they are downloading malware, getting there passwords over two russian hackers, it is a constant cat-and-mouse game where they're constantly coming up with something new to trap people. what you think of the handling so far? >> jason: i think this administration is the first one to actually be doing something about it. you had barack obama right before the election saying he couldn't hack into this even if you wanted to when he was misleading the american people based on the intelligence. i do like with the trump administration is doing and i wish they do more, there should be more sanctions and i don't think it's just russia. from stuff i've seen and heard, it is not just russia. there were other nefarious actors, some of them state players, a guy in a van down by

the river, it will continue and you've got to actually push back. i think it is a huge public policy question. what do you do when you know somebody is attacking the financial institution, a bank, credit union, how do you fire back at that? if it was a missile coming to fire a missile back but if they attack you want to cyber friend, how do you fire back? >> melissa: that's a great question, we heard a lot of that when the president stepped out and said he wanted to make the space force. when i interviewed various scientists about this, they said we do need that, we also need a cyber force. they were going to create another branch of government, it would make sense to have a branch that's going to try to protect the country and stay ahead of the stuff because it's coming from everywhere. >> jessica: i remember standing up and giving that speech on 20 of 13 that is at the next major world are going to have is going to be on the cyber friend and a cyber force would absolutely make sense to counter something like that. obviously we should be increasing sanctions, not listening to rand paul for instance who seems to have come home from moscow with newfound affection for the russians,

maybe we could relax this to relax that. i think from what you are reading out, it's interesting to see that those six phony sites were targeting conservative institutions that either were critical of russia are critical of president tromp. those of the two things that they're focused on and i also wanted to add there have been a number of democrat lawmakers, people running in primaries democrat in california who was in a primary who apparently was hacked by the russians, so looking at this individual campaign, have to be incredibly vigilant about this going into november. >> katie: overall, let's not forget that when president tromp put out his overall national security plan, he ordered each department to look at their cybersecurity and to come up with a plan to combat that kind of warfare within their departments because it's actually done in a better way then when it's happening more localized rather than just overall federal government program. the military does have a cyber force, they have a lot of units dedicated to combating cyber, we

certainly need more of that and when it comes to elections, let's not forget that elections are state based, they are not federal based and so all of these states boards of elections, they have actually done a pretty good job of preventing cyber attacks from coming in. they can lead on the federal government to help them do more of that but they are the ones who are responsible for the elections, not the federal government. >> jessica: we did have with the states that they had been targeted by hacking and it isn't just russia, is north korea as well. we are seeing a lot more paper ballots. >> jason: the federal government sends 90 billion years on cyber's. if you have to do something, scratch it and start over, it's really, really hard for the federal government to get this talent that you need in order to not only defend yourself but fight back and build web sites that are secure. federal government is terrible at it. >> melissa: that inspires

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monica lewinsky scandal. if writing "i am strongly opposed to giving the president any break in the questioning regarding the details of the lewinsky relationship. the idea of going easy on him at the questioning is abhorrent to me." what do you think? >> jessica: i'm more interested in the fact that we now have a new batch of five senators that are going to meet with him. i think if you have the opportunity to question him face-to-face, you should absolutely take it whether you're going to be a no vote, kemal harris is going to be a no vote, i think chuck schumer is going to be a no vote on this but you have the opportunity, take it. as far as the questioning from the camstar probe, and other saying he was overtired, sleep deprived when he was asked those questions. and they are embarrassed by it, by the fact that he wanted to ask about this.

was just asking about what bill clinton did so that's embarrassing as a lawyer, here's a newsletter for you. when you're on cases coming up to ask questions about the facts and the facts in the clinton-lewinsky case were pretty gross and we're not going to talk about some of the things that they wanted to ask but i don't think it should be embarrassing, he was asking questions. he was asking questions about what the president was doing in the oval office with an intern and that's what he wrote. >> harris: i think there's enough embarrassment to go around, maybe some for bill clinton. it was an uncomfortable situation and as melissa has pointed out, sometimes you've got to ask the tough questions. my whole thing with a document grab and whether that would show anything, the questions you would want to ask him is what is it have to do going forward with what he is tasked with and if they can show a match between whatever details are and what democrats think are problematic,

that's one thing. if there just searching to slow down the process >> katie: i don't think that they know yet. >> harris: the five or so who are not necessarily running in red states politically exposed now has said they're going to talk. the problem is many of them including dianne feinstein have said we just want the opportunity to be face-to-face ask for more documents. >> jason: number one is these new documents, they've been looking at kavanaugh for a long time, they announced them on the list before he was even elected at this point, this is what they have on his person, this guy is going to be the next supreme court. he's going to be on the supreme court, he is going to get confirmed. i think the democrats took a ridiculous position at the onset of this saying we are not even going to meet with him. you lose the moral high ground when he won't even listen and sit down and ask a person some basic questions. please five senators get some credit, they know all the cameras will go there and will start clicking. but we have plenty of documents from him, we have decades of

court decisions that he has written about, he will be. >> jessica: moral high ground when merrick garland didn't even get meetings is absurd. to be do understand. why are you rolling your eyes? >> jessica: if i did, i didn't intend to. it was reflexive because i do think he wasn't given a fair shot and orrin hatch even without their saying. >> harris: we have to break it was an breaking news now, shepard smith he was at the news desk. >> a developing situation now from an airport outside new york city in nearby new jersey. there was a jet that took off at 10:50 a.m. today so about an hour and 50 minutes ago with 16 people on board, gulfstream four and upon takeoff, two of the tires on this private jet blue

off. it's been variously described as blue out or blue off but it sounds like the tires themselves might have come off this jet. and the jet began circling teterboro airport at that time. it took off a month these are pictures of emergency crews staging at teterboro but there's a new development and i will get to that. this bluetooth tires as it took away from run of four at teterboro it was heading to a similar airport, general aviation airport outside of london, it has been in a holding pattern now for the better part of an hour and 40 minutes or so, and was planning to return to teterboro airport to attempt an emergency landing. so they cleared everything at teterboro which is the largest general aviation airport in america, it's one of i'd say six or seven general aviation airports in the general

new york city vicinity but largely people coming into and out of new york city doing business were flying in a private or flying out private largely it's into teterboro airport so rather than make this emergency landing in the last couple of minutes, they have made a new decision. and this jet has been diverted to an airport in massachusetts, it was flying to london's weather try to do is bring a lot of fuel before attempting this emergency landing which would be standard operating procedure. there's a lot of fuel to burn off. it's a long way to london, takes a lot of fuel to get there so they need to burn off a lot of that fuel, again a g4 with two tires blown will attempt an emergency landing. we now believe somewhere in massachusetts waiting on details of exactly what, we have reports of a tail number and reports of the possibility of specific people on board but they are not confirmed yet. so when we get that, we will bring it to you and we will follow this emergency landing wherever it does happen.

the flight path we just got the flight path of this jet and you can see it's been happening, this is a fairly standard procedure here where you make loops around the city. the city is right in the middle of all of this and you see the island of manhattan, under normal circumstances, if they were a problem, if they were huge thundercloud that is around teterboro, you get into these patterns of circling. or you would do so over the water just off the coast here but in this case, this is the big map on the wall here, and the same path that it's been taking, party stunned, paterson, new jersey, here, clifton new jersey, you can see in the blue and green circular patterns what this jet has been doing.

this is from flight radar 24 which is alive air traffic web site, this is the jet that we are tracking. we don't have a tail number yet so we have we believe confirming enough to go with it. you can see the pattern it's been making. the latest word again is there going to divert this plane to massachusetts to attempt the emergency landing there. why are they doing that? that's unclear at this moment. i can tell you that since this is such a major airport for its kind, teterboro again the largest of its kind in the country, it's possible they may want to try this landing at a place that has less traffic, where it's shutting down the airport for an emergency landing like this, somewhat of a flight delay here and it's possible they're going to an airport, need some of the finest facilities for this sort of thing in the world for that matter. if you have an emergency coming into teterboro, they're prepared for it but it's possible they're sending it to someone with less

traffic either in the air were on the ground. so a g4 took off from teterboro at 1050 this morning, two hours later or has not yet landed. two tires blown. when we get more information, we will come back live right after a commercial break. to lower my a1c. i take tresiba® once a day. tresiba® controls blood sugar for 24 hours for powerful a1c reduction. (woman) we'd been counting down to his retirement. it was our tresiba® reason. he needs insulin to control his high blood sugar and, at his age, he's at greater risk for low blood sugar. tresiba® releases slow and steady and works all day and night like the body's insulin. (vo) tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens.

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>> harris: president trump weighing in on a very special way on a special counsel investigation backing up arguments from his legal team and potential mueller interview could be a perjury trap saying if i say anything and a guy like comey who is a proven liar says something and it's my word against his and he is best friends with mueller, so mueller might say i believe comey and even if i'm telling the truth, that makes me a liar. that's no good. >> jason: the president is right on this. he scored a lot of points for openness and transparency, providing the documents, encouraging his staff to cooperate. they could've been up executive privilege blocks and drag this

out for a long time. that's what barack obama did on several occasions when we try to get to his seniormost staff but he didn't do that. but i ultimately think that i know i'm in the minority here, i think donald trump is going to sit down for the interview. i think is going to do it willingly because of his personality is different than all those attorneys that surround him. i didn't say it was a fairly good idea. i'm just saying that donald trump believes in his gut he hasn't done anything wrong and he can tell his story better than anybody else but i just think personality wise, he will sit down and do it. >> melissa: the thing that makes me really nervous is when you go back and look for some but he said something different, the prosecutor gets to decide who is telling the truth. that's the point that andy mccarthy you former prosecutor and u.s. attorney has been saying on air. but in other people say when they decided to leave, they have to bring evidence for i think this person is telling the truth come up with a new circle back to the michael flynn case where when he testified that his fbi

agent said they thought michael flynn was telling the truth and wasn't lying, i don't know how to sort all of that. >> jason: is a person who thinks little different because he can withstand the pressure and a squeeze, i think what mueller has been doing in the michael cohen case which could break any point here, when you see that squeeze being put on, they want to get it done. it's going can i ask you something about the squeeze? the squeeze tends to generate a flurry of tweets and legal experts have said that is not a good idea for the president to do, that he should not even that, senator lindsey graham who has golfed with him a couple of sundays ago said he need to step back and let this play out. >> jason: everybody has given advice saying don't tweet. and he continues to to be this very subject. >> harris: you talk about him being capable of taking the squeeze, he has the bully pulpit to weigh in. >> jason: is a bit different in some of these people who are being squeezed financially. and upside down financially is also right in the header. >> harris: breaking news from colorado, a hearing today for a

man accused of killing his pregnant wife and their two daughters, the very latest in the christopher watts case. we are watching it, stay close.

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of the issue that's been worked out in court since it's been on the air and that is the advisement hearing of christopher watts. he is accused of killing his pregnant wife and their two young daughters. they lived in an area, frederick, colorado, and the charges are numerous. what will we find found out tos that in court papers, christopher watts told authorities that his wife had killed the babies and he, in a rage, had strangled her. the gruesome details that we have come to know in the last few days is where these three found. the mother was in a shallow grave near an oil tank at a petroleum company that her husband had worked for. the two little ones were inside of an oil container. there are nine felony charges against christopher watts, including two counts of

murdering a child, one count of unlawful termination of a pregnancy and three counts of tampering with the deceased human body. christopher watts at this advisement hearing, telling him that at least one of these charges could carry the death penalty. more on "outnumbered" in just a moment. aleve pm for a better am. our mission is to provide complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy!

>> thank you so much, jason chaffetz. "the deep state" israel, your book. >> i went to congress and didn't

really know what the deep state was, now i have experience with that and i side up close and personal. i've written a book and it comes out next month called "the deep state." >> so if people tell you that the deep state is not real, you can read his book and he will tell you. here is harris. >> harris: jurors indicate they are struggling to reach a unanimous verdict on all 18 counts. i'm harris faulkner and you are watching "outnumbered overtime." the jury submitting a note to the court on the fourth day of deliberations and it just a short time ago, we've been covering this in the past hour. that note asking the judge what it would mean for the verdict if they were unable to reach a consensus on at least one of those counts. the judge responding that this is not unusual and urged them to keep deliberating. peter doocy is outside of the courthouse in alexandria, virginia. peter, you are telling our team that there was something specific that we needed to know