i want her to walk to that beat. pick up your feet, let's go. walk faster. >> dana: harper's parents are amazed at the progress she's made. thanks for joining us. here's shep. >> shepard: it's noon on the west coast. a new line of attack over the mueller report. now the white house is hitting the special counsel. a white house attorney blasting robert mueller for not deciding on obstruction. on capitol hill, the house speaker says the attorney general broke the law during his hearings yesterday. >> he lied to congress. he lied to congress. if everybody else did that, it would be a crime. >> shepard: the justice department calling the speaker's comments reckless. reporting begins now. >> shepard: two breaking events expected in this news hour. a major announcement coming on

baltimore city's controversial mayor and her future. it comes after the fbi raided her homes, her offices and even city hall. she's been surrounded by scandal after investigators say she used children's books to disguise government corruption. so will she cave in to calls to resign or double down? first, a would-be terrorist about to go free. sentencing happening just seconds ago for the ringleader of the failed bomb plot to blow up new york city's subways. why he caught such a huge break coming in moments. first, the back story. the year was 2009. the then attorney general, eric holder, named a man responsible for one of the most serious terror threats to the united states since the attacks of 9-11. this is video of him in the

middle. during his decade behind bars, he's provided critical intelligence on other al-quaida linked extremists and that may have caught him a big break. now let's get the details with david lee miller. he's outside the courthouse in brooklyn. david lee? >> the sentencing hearing ending moments ago. he was sentenced to ten years in prison. that is effectively time served. this as you mentioned is a case that began in september of 2009. he appeared in the courtroom in prison clothing. he was for the most part clean shaven, a few days beard growth. his hair was short. he addressed the court briefly. he told the judge he could imagine that he contemplated these acts in 2009. he's said he's a very different man. he said he went on to get an education and he also apologized for the great deal of harm he said he did to his friends, family and others.

now, the question, why ten years when in fact he could have spent the wrist of his life behind bars for the three criminal counts in connection with his plot to bomb the new york city subways? the u.s. attorney sent a 25-page letter to the judge giving details of how he cooperated in a number of ongoing investigations in the past decade. he testified against one of his closest friends who took part in the failed bombing plan. he also provided the prosecution information about another defendant in the plot and even helped in the prosecution of mohammed, his own father convicted of obstruction of justice. a portion of that letter reads, he said -- >> lastly, shepard, we don't know the full extent of his

cooperation. portions of that 25-page letter are redacted. the authorities say he continues to cooperate. shepard? >> so zazi could go free. so i understand there's discussions in court to threats to zazi and his family? >> that's right. a very security courthouse as are all federal courthouses. the u.s. attorney emphasized the great risk that zazi took in cooperating with the government. he addressed that in a portion of the letter that read -- ed. >> lastly, shepard, not entirely clear when he is actually going to be taken out of custody. it's likely he's going to return to prison at least in the near

term. they want him supervised and receive mental counselling. because of the threat from al-quaida and possible terrorist organizations because he cooperated with the government, in some respects, zazi will remain a prisoner although a freeman. >> shepard: david lee miller live from brooklyn. now the other developing story i mentioned. an attorney for baltimore city's embattled mayor is set to speak moments from now. the big question today, whether the democratic mayor katherine pugh will leave office. she's under investigations from all side, the fbi, the irs and maryland state prosecutors all coming for her. at issue, her self-published children's book series called "healthy holly." investigators say the major received $800,000 for that book including selling them to a

hospital she oversaw and groups with whom the city did business. the suggestion here, she used her powers and influence as mayor to enrich herself. we're expecting to hear from the mayor's lawyer. mayor pugh has been out of work almost a month now. her lawyers says she's battling pneumonia and too sick to make any decisions. he promises an update shortly. jacqui heinrich life in new york city. >> we don't know if katherine pugh will sign a letter that was drafted by her attorney. we're still awaiting the new conference. the baltimore african american said the mayor said in an exclusive interview that she will resign. she was under investigation by the fbi, the irs and the maryland state prosecutor for selling her "healthy holly"

childrens books that did business with the system. pugh was on the board of directors of the hospital system. her books were sold to kaiser permanente at the same time that they were vying providing health insurance to city employees. so far the mayor has not been indicted for any crime and the search warrants are sealed. she's been outside site for a month at home on sick leave. last week, her two homes were raided and the maryland center for adult training which she founded. the entire baltimore city council, house delegates and governor larry hogan have all called for her resignation. until now, she's not indicated whether she will. we should be getting those answers in about half an hour or so. >> jacqui, thanks. and there's breaks news now on fox news channel. we just learned from the reporting of the baltimore sun that indeed the baltimore city mayor does intend to resign. this news breaking just moments ago. this is from the baltimore

sunday. and i'm reading from their publication. the attorney is expected to give a news conference in a few minutes. we'll learn if she steps down and what the plans are regarding the investigation. breaking news crediting the baltimore sun, not independently confirmed by fox news channel. the baltimore city mayor to resign amid investigation. and there's more breaking news. this in the case involving

painkillers, pay-outs and soon we we have just learned punishment. breaking in the last few minutes, a jury in boston has found the rich founder of a drug company is guilty in a scheme to bribe doctors, to prescribe a powerful opioid. his name is john kapour. he finded the company insist therapeutics. he's one of the highest ranking pharmaceutical executives ever to face trail. his defense team said he wasn't aware of any illegal activities and blames several former employees. four of his old colleagues found guilty with him today. also today, west virginia reached a $37 million settlement. a lawsuit accused a company of shipping millions of suspicious orders for painkillers to the state, which has the highest

opioid overdose rate in all of america. prosecutors say mckesson sent enough opioids to one county in west virginia between 207 and 2012 to provide every man, woman and child there with 118 painkillers. mckesson point out a statement denying wrong doing and said they're committed to ending the opioid epidemic. that ceo and four members of his team found guilty just moments ago. still to come, details on the white house's long list of new complaints about robert mueller's final report. after they had claimed vindication, no collusion, no obstruction. now the complaints flow. this as the attorney general, william barr, is a no-show at today's hearing on capitol hill. we'll explain why the most powerful democrat in congress is calling the attorney general a liar. that's coming up as reporting continues on this thursday afternoon. one of the benefits we as a country

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>> shepard: we're learning the white house sent a letter to the attorney general, bill barr, blasting the mueller report. calling it truth commission and part law school exam. a white house later laid out a long list of complaints, including fact that the special counsel did not come to a decision on obstruction of justice. the top democrat in the house, the speaker, nancy pelosi, accusing the attorney general of lying to the congress. committing a crime. it comes on the same day attorney general barr skipped a house hearing on capitol hill. also this afternoon, another trump nominee has backed out after facing criticism and questions from some in his own party. john roberts with a long list of his plate today and live in the north lawn. hi, john. >> good afternoon. in any other world, this might be an extraordinary string of events here at the white house. here we call it thursday.

the letter was delivered from emmett flood, the president's in-house counsel on the mueller report to the attorney general, william barr. that was the day after the mueller report was made public. it is to build a foundation to claim executive privilege going forward as all of these subpoenas are flying around. this letter is critical of the special counsel report saying mueller didn't do his job because he didn't make a determination of obstruction of justice yet he went into what they found about potential obstruction of justice. emmett flood said the special counsel failed to act as prosecutors and only as prosecutors. he goes on to say the special counsel instead produced a prosecutorial curiosity. it's been suggested the report was written with the intent of providing congress some kind of road map for congressional action, if that was in fact the special counsel's intention, it

too serves as additional evidence of his refusal to follow applicable law. the letter also argues that the president did not broadly waive executive privilege by not claiming executive privilege over things that were included in the mueller report. flood again writing, it is the president's decision not to exert privilege is not a waiver to exert presidential privilege for any other purpose. as to whether or not the president will allow don mcgahn, his former white house counsel or any other senior presidential advisers to go to capitol hill to testify, here's the basis for refusing that. flood writing -- >> you can read into that subpoenas will not be complied with. the democrats say there is

precedent for hauling senior white house officials to capitol hill to testify. there's the 2014 opinion by the office of legal counsel, that's the department of justice. this was during the obama administration that says, senior administration officials are immune from complying with subpoenas. so this all could end up in court. we'll see how far the democrats want to push it. the white house building their case for not supplying with the subpoenas. >> shepard: the other story, speaker pelosi accusing the attorney general of lying and committing a crime. now the justice department is responding. is that right? >> they are. let's lay the facts of the case. this goes back to william barr's testimony back in april when florida congressman charlie crist asked him about reports that people on mueller's staff were not happy with how the mueller report had been represented in that summary of the bottom-line findings that barr had put out. barr said he did not know what

was behind the complaints. of course, we have since found out that robert mueller himself voiced those complaints in a letter that was dated on march 27 but was received on march 28 and did outline concerns that mueller had about his summary. today, nancy pelosi used the l word to describe what barr did. listen here. >> he lied to congress. he lied to congress. if anybody else did that, it would be considered a crime. nobody is above the law, not the president of the united states and not the attorney general. >> we do have a response from department of justice coming up from the justice department spokesperson saying -- >> shepard: finally as a matter of an appointee or nominee of the fed, it seems there's one less guy available.

>> yeah. the nomination of steve moore, an economist has appeared frequently was in trouble from the beginning over remarks that he made in the past in articles that many people looked at as sexist. he said earlier today on bloomberg, he didn't believe a full point rate cut is warranted. so this afternoon he with drew his name. a lot of republicans had distanced himself from moore. but he told neil cavuto that this was a democratic takedown. listen here. >> i offer the debate about my economic ideas. i never had. it was a character assassination because the left couldn't beat me on my economic ideas. it's a victory lap for them because they took me down with a smear campaign. >> now both president trump's

pick for the fed have gone down in flames. we'll see where the president will look next. >> shepard: i thought this was about his decades of words about women. it's been brewing for weeks now. >> yeah, i mentioned at the top. they were saying we didn't have time to go through it. i can reiterate them for you. he said women tennis pros want equal pay for inferior work and women are so malleable, no wonder there's a gender gap. those are the comments he made and could have been part of his undoing. shep? >> shepard: every point matters. john roberts and his bag pipes there. that's a thing. maybe tomorrow we'll have a big wedding band out there. right now we're watching a disaster unfold in american towns in cities and teams are racing to contain the damage.

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because the flood wall gave way there. firefighters using a boat to search that particular area. here's another shot of firefighters in the same area wading through the flood waters. building to building, looking for people that might be stranded. nearly 400 miles east of there, this is dearborn heights michigan. folks using rafts and kayaks to get around. a car in taylor, michigan, just outside of detroit. the water all way up to the roof, this is rebecca, the owner of abernathy's a clothing store. what a mess. has this ever happened before? >> it's happened here in davenport before. we have not experienced it ourselves. we moved in 2013. there was a 22-foot flood in 2014. it was nothing compared to this.

>> what are you doing? what can you do? right now we're fortunate enough to have saved a bunch of merchandise. we have a second floor that we'll investigated items too. we were lucky enough to move items off site in a trailer and saved enough to be able to go and sell at other venues and businesses that opened their doors to us. >> shepard: that's good. what are the biggest concerns for other people around you and others affected? >> overall, safety. may making sure that everybody is safe, getting vehicles out. it's been great. the community has come together. to take care of each other. it been very hard warming. >> shepard: looking at the weather forecast, it's unfair and brutal. >> yeah, a little bit. you know, nothing is guaranteed. so at this point, it's a waiting

game to see when the water recedes. >> shepard: i hope it's soon. appreciate it. good luck to you and yours there. hopefully the waters will go down and things to salvage. that's rebecca. thank you. good luck. >> thank you. >> shepard: a man accused of killing two people at the university of north carolina at charlotte today waived his right to appear in court. but his attorney was there. what we're hearing now is that the proceedings have just wrapped up and cops say the former student walked into a campus building, opened fire, killing two students and injuring four others. the suspect faces two counts of murder, four of attempted first degree murder along with other charges. jonathan serrie is following developments in charlotte. jonathan? >> hi, shep. the defendant has a court appointed attorney who represented him at this first appearance hearing which he did not attend earlier today.

he's scheduled to appear again in court on may 15. that will be for a bond hearing. meantime, police are promising family and friends of the victims that they'll investigate the why of this case. in other words, the circumstances leading up to the shooting. right now the motive is unclear. the defendant was a student at u.n.c. charlotte. with drew -- >> shepard: sorry. breaking news. the announcement on the baltimore city major. is she resigning? let's listen. >> it's been an honor and a privilege. today i'm submitting my written resignation to the baltimore city council. i'm sorry for the harm that i caused to the image of the city of baltimore and the credibility of the office of the mayor. baltimore deserves a mayor that can move our great city forward. i want to thank all of our department heads and staff who

work hard every day to improve the quality of life for all that live, work and visit our city. i also thank jack young, the president of the city council, for his steadfast leadership in my absence. i wish you well in your new role as mayor of baltimore city. sincerely, catherine e. pugh. we will provide you all with a copy of the mayor's letter of resignation effective immediately. thank you very much for coming. >> shepard: that answers that. we told you that the baltimore sun had reported this about 35 minutes ago. sure enough, turns out to be true. the lawyers saying amid all the investigations, the mayor had the series of children's books. she had taken in about $800,000 because of it.

there's questions about whether there was corruption involved, whether she had gotten the money because of the power and influence she had over a couple of entities, a hot and another organization and a school. whether the books had gone to those entities in exchange for cash because she was enriching herself due to her power as mayor. now, the word that we got at the beginning of the month was that she had pneumonia and she's been out on what amounts to medical leave since the beginning of the month of april. now we know that she is resigning. the calls for her resignation had been widespread. the delegation in washington from the state of maryland had called for her to resign. the city council and city leaders had all called for her to resign. now we know the baltimore city mayor is out. her resignation, we wondered

would it be today or at a later date. it's complete and solid and she's out at this moment. you heard her attorney say her resignation is effective immediately. baltimore city has had its share of problems in this office over the years. it's happened again. there's questions now about what happens with the investigation. there's -- will because of her resignation some investigations go by the wayside or will she face other penalties? i'm not sure. i'm waiting to hook up with our criminal defense attorney, bob bianchi who is making his way in to the studio to discuss this. sometimes when elected officials are accused in scandals of this sort, a resignation is all that is necessary and prosecutions fall by the wayside. in other cases, the prosecution is coming. therefore all of those involved

with government for the good of the city and the good of the people want the person who is accused of these crimes out so that the investigation can get underway and any prosecutions that would happen wouldn't happen to a sitting mayor. the question is what happens here. bob bianchi is with us now. criminal defense attorney, former prosecutor. what do you make of this in the whole? >> i think it's a smart move for her, shep. one of the things -- there's two opposite things occurring here. when you're being charged with a crime, you want to remain silent, stay out of the public view. >> shepard: she's done that. >> a lot of times they don't that. that's where they get in trouble and wind up offering information to the prosecution to help seal the case. she's done that. the next thing they would be doing or i would do and i do do it now as a defense lawyer, contacting the government authorities and saying look, she's fighting a two-front war. she has state prosecutors after her and they need to do a global

resolution. so we say let see what you got. she willing to accept responsibility, she's willing to cooperate and let's wrap it up in a package. the earlier you get there, the better the deal you can get, that is of course, if the proofs are sufficient. >> shepard: stepping down from office does not absolve her. >> no. what i would have done -- maybe she is going on, i would have went to the u.s. attorneys and prosecutors and said listen, as part of this package, she would also resign. i would try to use resignation as a negotiating tool to say she did something wrong in the facts prove that and as part of that she's willing to resign and accept responsibility and lessen her guideline range in the federal system -- >> or they could fight it. getting a benefit alone is not enough, is it? >> she's on a line.

so any public servant knows that i -- when i was prosecutor, i didn't accept a free cup of coffee. that's not a joke. when you're intermingling, business relationships that you supervisor or oversee and doing it for your financial gain, you're opening the spector of the fact that you could be bribed or there's cash coming in to curry favor. >> shepard: doesn't there have to be a quid pro quo? don't you say if you give me this money,ly give you this favor? or if you give me this favor, i will give you money? >> it's hard to prove the quid pro quo. there's another thing we have to look at, an abuse of your official position. you don't have to have a quid pro quo there. it could be malfeasance or nonfeasance, not doing your job, violating a rule or regulation. there's ethics rules that say you're not to personally benefit by using your position.

she's in a lot of danger here, shep. >> shepard: the embattled mayor of baltimore is out. thank you. we're learning more about the people involved in the collision admissions scandal include a new thing today. did you hear about the chinese billionaire that paid some money to get his daughter into stanford? $6.5 million to get the daughter in to stanford. according to the u.s. attorney's, he paid the money to this man, the man on the screen, rick singer that tried to have her recruited for the sailing team. seems to be athletics. fox news has been told about a growing number of parents looking to lock down lawyers before prosecutors have even brought charges against them. calling it a huge domino effect. in other words, there's more

coming. trace gallagher live in the west coast news hub. trace? >> shep, 54-year-old dr. jao loves in beijing and the chairman of a chinese pharmaceutical company that specializes in heart medicine. he's worth $1.8 million and met rick singer through a financial adviser. he's not been charged with a crime and it's unclear how much he now about the illegal activity. we knew that singer set up a phony sailing profile for his daughter. the profile was submitted to a stanford sailing coach. but molly jao was not admitted as a sailing recruit. prosecutors say the coach flagged her as an athlete which means her odds of being accepted went way up. molly jao left stanford in march. the coach pleaded guilty and is no cooperating with the feds. >> shepard: parents are

lawyering up. lots of them? >> yeah, yeah, as soon as lori loughlin and others were charged, prosecutors said this was the tip of the iceberg. now other parents here in southern california are getting target letters from prosecutors and at least seven southern california lawyers have told news outlets that they have been retained. rick singer was a college consultant by trade. many have worried if they dotted the is and crossed the ts. singer who already pled guilty said he helped hundreds of families cheat their kids into school. finally, it's worth noting some students will be charged as willing participants and three students including at least one of lori loughlin's daughters have gotten target letters from prosecutors.

the scandal goes on. >> shepard: thanks, trace. breaking from venezuela, the disputed president there, nicholas maduro, is defiant despite days of protest aimed at removing him from power. it seems a fast one has been pulled. remember, the united states says he was supposed to be out on a plane. there was a deal to go to havana and all of a sudden he did sided not to go. the russians said don't go. the opposition leader recognized juan guaido has been trying to force the dictator from office. maduro making an appearance in caracas saying we're all good here and i'm in charge. he called for venezuela's armed forces to ignore any planned uprising, a couple days ago, the secretary of state pompeo made that announcement that maduro was in talks to go, there was the plane on the tarmac ready to go to fly him to havana until

russia persuaded him not to do it. maduro denies all of this. now we're learning the secretary of state pompeo is set to meet next week with his russian counterpart. washington and moscow at odds over who should be running the show in that south american station. steve harrigan live in caracas. steve? >> shepard, nicholas maduro has vowed to punish those responsible for the brief military uprising that failed tuesday. looks like that work is beginning. the work issued an arrest warrant for leopold lopez. he's a prominent opposition leader. it raises the question, how far will the maduro government willing to go? will they try to arrest juan guaido? the man recognized by the u.s. as the interrupt president of

venezuela. officials have warned repeatedly any attempt to harm or imprison guaido would be a red line and carry tremendous consequences. you have two men claiming to be the president of venezuela. one calling for an armed uprising and the other until now afraid to bring him in for arrest. it's a situation that can't last the way it is now, shepard. >> shepard: you reported here a long time. if you watch the military, you know where this is going. if the military is abandoning the dictator, that's one thing. if they leave, that's another. what are you leave something. >> there's the rank and file, the soldiers, many only whom are suffering hunger and the elite officers, many of who are making enormous sums of money. there's two layers. if you watch state tv, nicholas

maduro visited the military at 5:00 a.m. he's surrounded by men in green uniforms. he shows the military is backing him. it's a question mark how long the backing will held. it's interesting which troops are doing the fighting. we're not seeing the regular low-level soldiers in front of the presidential palace. we're seeing more groups personal loyal to maduro. shepard? >> the cuban forces that the state department talks about, are they still protecting the dictator? >> shepard, it seems there's a variety of intelligence groups around nicholas maduro, including russian and cubans. as far as the exact figures go, it really depends who you believe. u.s. government would say 20,000 fighting forces. the cuban government would say 20,000 doctors. so far, neither side offering any documentation of their claims. >> steve harrigan in caracas. monitoring breaking developments there. continuing our team fox

coverage, the state department correspondent rich edson in his post. rich? >> the administration is trying to keep up that pressure on the maduro regime, its allies and supporters. the only path forward for venezuela is for the people in the military leadership to support the opposition leader. the u.s. recognized juan guaido. they say the internal fractures and divisions in maduro's own close circle were on full display for everyone to see. it's evidence that maduro's regime is weaker and there's more that want him out. we know this to be true. any day could be his last. mike pompeo maintains the contested president, nicholas maduro, was ready to leave, go to havana but at the last minute the rush government interfered. the russian government is denying that claim. mike pompeo will meade with his russian counterpart next week in

finland in the arctic circle conference and the two will likely talk about the issue in venezuela. they spoke yesterday on the phone. sergey lavrov of russia and the secretary of state. the state department says that secretary pompeo pushed the russian government to stop the intervention in russia and it's hurting the u.s.-russia bilateral relationship.lavrov says the two sides will talk this out but seems the position of the u.s. and russia are incompatible. shep? >> shepard: rich edson on the crisis in venezuela. there's another in gaza. a live report coming from jerusalem after hamas and israeli forces exchange fire. fact is, every insurance company hopes you drive safely.

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>> israel came to a standstill to remember the six million jews called by the nazis in word way two. a siren wailed as folks stopped to mark the moment. as has become custom, people driving down highways pulled over in their cars, restaurants stood and all across israel conversations stopped. israeli leaders held a wreath-laying with holocaust

survivors. this is one of the most solemn days of the year there. in the hebrew calendar, this is a day that resonated around the world. the islamic jihad of gaza threatening to hit israel's biggest cities after exchanging rockets and air strikes. jeff paul has more. >> the leader of the islamic jihad in gaza has issued a new threat. the leader saying as long as palestinians continue to suffer in gaza, the rockets will continue to reach israeli settlements now gaza and further into cities in israel. he proclaimed that he's fighters prefer to die in the battlefield. this comes hours after israeli

jets hit a militant training facility. that was in response to explosive balloons that were launched from gaza into israel. after those air strikes, militants fired rockets at southern israel. no reports of injuries on either side so far. the latest flare-up of violence comes after israel shortened a fishing area from 15 nautical miles to 6. we're expecting more protests tomorrow along the gaza israeli border. jeff? >> shepard: how is hamas responding? >> yeah, the leader of hamas in gaza was asked to come to egypt to talk with officials there. the leader of that group, hamas in gaza, is accusing israel of not listing up to the egyptian mediation. there was an understanding to allow more goods in and transfer fishing zones.

in exchange, the border protests have been restrained. if an agreement cannot be met in egypt, we could see more violence along the border. shep? >> shepard: jeff paul live. so if you're a parent, you may feel safer when you bring home the security cameras and baby monitors that connect to your wi fi. you can tap into them from work and on vacation and get a look-so. a new study out that suggests the chinese may be looking as well. first, the navy will not release information on the pilots that gather on ufo sightings. disappointing folks everywhere wondering if there's little green creatures in space. a navy spokesman said the files are privileged and classified. navy officials say there's new training guidelines for pilots that spot unidentified objects in the skies. they say the new rules will help

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shep. the new research exposes serious security flaws in two million worldwide home security cameras, web cams and baby monitors. americans in particular should beware of risks. >> whether it was intention was there or not, the vulnerability is there. >> the culprit according to this new research is a chinese company. experts say there's cause for alarm. security reachers behind the study tell fox news that they're cautious and the lack of security in these devices is a symptom of a industrywide problem. there's zero evidence to suggest these issues are the result of malicious or otherwise

deliberate intent. these devices rely on what is known as peer-to-peer software. it's built in to many of the personal security devices reason on apps that have exploded in popularity. the ftc tells fox news they won't comment on the specific instances but they offer the security tips for devices. download the latest security updates for your device and always change your preset passwords. some cyber security experts say that doesn't cut the mustard. >> i frankly would throw it away. i would turn to trusted device manufacturers who can demonstrate a level of security and trustworthiness that these two millionty. >> cyber security experts to always be aware of unintended

consequences. >> shepard: jail iillian, thank a down day. neil cavuto with the best in business and breaking news starting now. >> neil: thank you. this is "your world." i'm neil cavuto. to hear democrats say it joe biden is the man to beat for the presidential nomination. his campaign is swimming in the cash. so what could go wrong? what if we told you, maybe this. >> china is going to eat our lunch. come on, man. they can't even figure out how to deal with the fact that they have this great division between the china sea and the mountains in the east -- i mean in the west. they can't figure out how they're going to deal with the corruption exists in the system. you know, they're not bad folks,