republicans, independence, and democrats. >> sandra: when you say resources do you mean money? >> money and infrastructure in the super tuesday states and beyond. in states these candidates have not been campaigning. they've only been focused on the first four early states. we are wrapping up with south carolina on saturday. we been in super tuesday states and beyond from november. we built on a network, we have grassroots organizers on the ground, sending texts, tweeting. we have a network care about the other candidates down. >> ed: stop and frisk was another subject where it seemed like he wasn't really prepared to answer that well in the debate. here he is yesterday an interview on msnbc. >> i've tried to meet with people who have been stopped, and people whose friends have been stopped, to where and what it's like. i've never had the experience, and my daughters were never stopped, so i can't tell you that i was that close. that's what i'm trying to fix. >> ed: he didn't personalize it in any way in the debate and he's been critical -- that we did in the interview there,

talking about his daughters, bringing out other aspects. he's been criticized for doing these interviews pay not getting the batting practice. you mentioned you been building and for sections november. why haven't you done interviews and engaged since november? >> i think he has. we've been doing a lot in local markets when he travels. we meet with press on our plane or when we go into the different states. we do have press. there was an out chart didn't interview he did earlier this week. on the issue of stop and frisk, this is something he's politics were. i think it's a true market leader to take responsibility and accountability for your actions. something we don't necessarily see with this current president. it's respectable that he is trying to make amends for these decisions. i hope you have more of an opportunity to talk about his criminal justice reform on stage tomorrow. >> sandra: to ed's point, he is invited to join us any day. >> ed: welcome aboard, come on in! we appreciate you coming in for us. >> thank you. >> sandra: fox news alert come

on wall street, we have been watching a big sell-off throughout the morning amid fears of the spreading deadly coronavirus. moneyman charles payne will join us as the dow sells off 844 points. 448,134 to be exact. they answered 410 questions in 8 categories about vehicle quality. and when they were done, chevy earned more j.d. power quality awards across cars, trucks and suvs than any other brand over the last four years. so on behalf of chevrolet, i want to say "thank you, real people." you're welcome. we're gonna need a bigger room.

>> sandra: fox business alert, at 10:53 a.m. eastern time, the dow selling off more than a hundred points off the lives of the session, but still heavy sell-off in response to growing coronavirus fears. let's begin charles payne, host of "making money with charles payne" on fox business network. that's the show name, right? left michael you bring some calm to these markets? >> i will try. i will say the epicenter of this, today's specific sell-off, is not china. i think it's italy. i was watching really closely almost every single moment over the weekend when italy started

to report these cases. it felt haphazard, confusing. speed canceling fashion week events. >> that was later but the initial reaction was one of your confusion and not being able to control this. you think about the most densely populated continent there is, no borders, the travel, the easy travel, all the things that people talk about in the positive, it can be real negative. so it feels like they are behind right now. it's not so much that milan is an industrial center. from a pandemic point of view, about people being infected with the virus, this is right now the most worrisome thing coming into today. economically, it's south korea. which is where we manufacture a whole lot of computer chips. that's why a lot of the technology stocks are getting hit more than the overall market. >> ed: is the sell off all coronavirus or is this the first time in the markets are open since bernie sanders took control of the democratic battle? >> the bernie factor is finally rearing its head in the stock market.

one of the biggest health insurance companies downy percent, unitedhealth over 6% come at them is down 5%. hospital stocks are hit, community psychiatric -- speed you attribute that to bernie sanders? >> drug stocks are down 4%. there's absolutely absolutely no doubt. these stocks got hammered when elizabeth warren was in the lead and when she had her biggest point of leading in the polls all of these stocks were under an extreme amount of pressure as she began -- >> ed: they don't like medicare for all? at >> they rebounded pretty nicely. this is the first time i think wall street has taken bernie sanders very seriously. speech at 2:00 p.m., "making money with charles payne." >> we will coming down and give you some good information. >> ed: joe by no caps randy making his final patch of voters added that primary and saturday. why one top democrat could help boost his chances. that's next. as possible

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>> ed: we begin with a fox news alert, former vp joe biden counting on a major endorsement in south carolina after finishing a distant second and yvette over the weekend. biden has strong support among african-american voters in south carolina following a landslide victory for bernie sanders. could some abiding support, though, be peeling off? will go to a brand-new hour of america's mission. good morning, i'm ed henry. >> sandra: doesn't feel like a monday, it's not so bad. >> ed: right in the thick of it. >> sandra: i'm sandra smith,

the former vice president seems confident his firewall in south carolina will help and propel pass bernie sanders. take it to the bank. >> ed: >> yes. >> you are relying on african-americans to carry that victory, right? >> in large part, yes. >> ed: peter doocy live in columbia, south carolina. speech where the open primaries five days away. hey, peter. >> good morning ahmed and sandra. african america voters make up about 60% of the democratic primary electorate here. that's the reason joe biden has referred to south carolina as his firewall. although now that the contest is here, he is kind of changing his tune. >> south carolina is your firewall. >> you said it's my firewall. i never said -- >> it's been your firewall. >> i said i'm going to do well there and i will do well there and i will do will be on there, as well.

>> it's been an open primary, which means republicans can vote on the democratic side if they want to. that adds a new dynamic to the race, and so does bernie sanders being the front runner with a fresh look as record. >> one of the criticisms, joe biden has said he never got anything done. amy klobuchar has been -- are you getting mad? >> just silently hissing, my fault. >> being the front runner means being attacked more than anyone. now the only candidate other than sanders to have won a contest so far, pete buttigieg, is singling out his supporters. >> now, i respect my friend senator sanders. i believe the ideals he talks about our ideals we all share. but i also believe that the way we will build the movement to defeat donald trump's to call people into our tent, not to

call them names online. >> sanders is now starting to say that some of the really aggressive things that are attributed to sanders supporters on the internet may actually be posted by bad actors in russia trying to sow discord here, sandra and ed. >> sandra: peter doocy in south carolina for us, thank you. >> ed: good stuff. let's bring our panel, katie pavlich is an editor for townhall.com and the fox news contributor. we will add doug schoen a moment from the bloomberg campaign. good to see you, katie. what do you think about joe biden saying, "you said firewall, i didn't say firewall." is he already admitting that maybe he doesn't win in south carolina? >> he's clearly trying to lower expectations. but what are you saying about, "this is my firewall chemicals go that's not true. the biden campaign from the beginning has made the argument they don't have to win iowa or new hampshire to win the nomination. it's true that if he does know

in south carolina, where is he going to go from here? bernie sanders not only has a lead in terms of delegates on joe biden but he has momentum on his side. let's not forget, ed, early voting has already started and super tuesday states in places like california and texas. 2 million votes have already been cast and people are looking at the current field and going, "bernie sanders is a guy who seems to be wanting to get it done and is setting high expectations for his campaign. joe biden seems to be going after very specific demographics of people in a single state rather than looking at the broader picture of all the people he needs to win going into next week. >> ed: to a point, katie, the "cbs news" poll looking at south carolina, joe biden's on top there comes a look at that. it's shrinking. sanders just five points behind, tom steyer spent a lot of money and he's at 18%. warren, 12. but a judge, 10%. will bashar warren had a strong to be in nevada, speeding in

new hampshire, that's stronger than expected. it is showing, that both of them are struggling. >> those that did well, i will note, did town hall's with fox news. it was before and did not do a town hall with fox news and has refused to come on the network. when it comes to these other candidates, people act like there are different lanes here. that joe biden is sort of a moderate candidate trying to bring democrats together, on the electability argument. but if you look at the polling, places like new hampshire and iowa, bernie sanders is the second choice for a lot of these democratic voters. it's not necessarily amy klobuchar or pete buttigieg or elizabeth warren. where their campaigns go from here is a big question and where their supporters decide to vote after south carolina or even on super tuesday is a big question. >> ed: let's add doug schoen to the conversation. poster for the bloomberg campaign. good to see you, good morning.

your candidate not on the ballot in south carolina, waiting for super tuesday quickly after south carolina. there is a debate tuesday night. michael bloomberg will be on the stage. is he going to be better prepared this time? >> i'm pretty confident he will do better. the mayor had not debated in about 11, 12 years. it's a format where people effectively ganged up on him and i think it was a bit of a shock to his system. this is one of the superior people i've dealt with in business and public life. >> ed: he was the president everybody would gang up on him? he spent hundreds of millions of dollars. if you have that arena to himself, didn't he know that folks were going to -- >> i thought what senator warren did was inappropriate and uncalled for.

she certainly hasn't gotten much of a bump in the polls. didn't do too well in nevada, made good political theater, but i don't think it got her many votes. then the mayor is still running strongly in the polls well ahead of her. depending on the poll. i think he's very much in contention and i think he's going to do very well tomorrow. >> ed: katie, how do you see it? it seems they were surprised elizabeth warren would come out like that. >> i think it's a good thing the democratic candidates are not going after each other on the issues. for a long time they were all trying to play kumbaya and say they were only going after donald trump. bloomberg said in that debate he's the one who won because democrats are still fighting with each other about not just who's going to win the nomination but the overall direction of the party in the future. the benefit of being in the race for a long time is that you are prepared for these debates rather than taking that 30,000-foot approach by buying ads in the places you think it

matters. bloomberg has a lot of the line tomorrow. he's banking on super tuesday, he has made a lot of successful in-roads when it comes to what he has paid into this race. but i think he will be ready for some of those attacks, and his research team certainly should have given them a lot more attention before that debate last time. >> ed: kevin mccarthy was on "fox & friends" talking about bernie and social democrats. i want to give you a chance to listen to that. >> sure. >> they call themselves socialist democrats, the squad that controls the floor. but the real reason why they will lose the majority, what have they accomplished? they have accomplished nothing. >> you got there public and later >> ed: you covered public and leader saying that, and setters himself is making the case for michael bloomberg or another moderate. "fidel castro wasn't so bad." how are you going to stop it.

>> has up to the voters on super tuesday. candidly, mayor bloomberg made their coming from the start that he is running gonzalo trump and bernie sanders would be an electoral disaster. i think kevin mccarthy might overstate it. not by much. we need in moderate and centrist includes a democrat like mayor bloomberg who is showing unique leadership in the financial community. as well as philanthropy. it's a good argument and i very much hope that the debate tomorrow is about the issues and not just more attacks on him. >> ed: final word from katie, seems to be smiling. >> judge judy is backing bloomberg and said she would fight the socialist sector of the democrats "to the death." i think he'll be in good shape if she is on his side. he has loved making up to do. bernie sanders is the lead of the party who republican represt of what they believe in.

they have to explain that and a general election if bernie sanders gets the nomination. >> ed: we appreciate you both come again, thank you. sandra? 's ph the actor accused of facing down mike faking his own hate crimes facing a judge. he is expected to plead not guilty. we will be live in chicago with the latest on that. >> ed: isis fighters blown up in the latest mitty's flair. revenge for a weekend of rocket fire that lit up the gaza strip. >> sandra: first, coronavirus figures spreading through asia and beyond. more countries reporting brand-new cases of the deadly disease and dozens of new deaths. that fear spreading to u.s. markets. the the dow down 850. we will have it for you next. whatever monday has in store and tackle four things at once. so when her car got hit, she didn't worry. she simply filed a claim on her usaa app and said... i got this. usaa insurance is made the way kate needs it - easy. she can even pick her payment plan

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>> sandra: fox news alert, taking a look at the dow this morning. wall street opening with a big sell-off amid the spike in the global coronavirus cases and the spread of the deadly disease. there are fears hitting the market that it could cause a global slow down in the economy. the dow was off 855 points this morning. off the lows of the session. still, nearly 3% sell-off for the dow jones industrial avera average. ♪ >> ed: you can see new coronavirus outbreaks are being reported in south korea, italy, and iran. there are more than 79,000 cases

worldwide and more than 2900 deaths so far. jonathan serrie is following all of this from linda. good morning. >> good morning to you. despite the increase in cases, the world health organization stopped short in its morning press briefing of calling this a pandemic. here's why, take a listen. >> we are not one to sing the uncontained global spread of this virus, and we are not witnessing the largest scale deaths. that this virus has pandemic potential, absolutely, it has. are we there yet? from our assessment, not yet. >> coronavirus concerns have prompted china to cancel the annual meeting of its top legislative body, and south korea closed its parliament building for cleaning this morning after officials there learned an infected person had visited the facility last week. over the weekend the state department issued a level two travel advisory for both

south korea and japan, urging travelers to exercise increased caution because of sustained community spread. what that means is some people in those countries are getting covid-19 from still unknown sources on the spread is ongoing. officials in calhoun county alabama called an emergency meeting sunday after they got word of plans to house evacuees from the diamond princess cruise at a fema center. after speaking with the administration, federal elected officials announced the plan had been counseled. alabama senator richard shelby tweeted, "i just got word that they will not be sending the victims of the coronavirus from the diamond princess cruise ship to alabama. thank you for working with us to ensure the safety of all alabamians." ed and sandra, world health organization team is on the ground in china electing data, and we are getting a better idea of the mortality rate. they found that it varies.

if the epicenter it is much higher. in wuhan, somewhere between 2% and 4% of people who become infected die. however, outside of wu on the figure is much lower. just 0.7%. >> ed: jonathan serrie, thank you. >> sandra: fox news alert now, tensions rising in the middle east with israel launching strikes into syria and gaza. retaliation after the islamic jihad fired a barrage of rockets at southern israel. one landing outside of a kindergarten. mike tobin's live in jerusalem without this morning. mike? >> i should tell you, sandra, the red alert is sounding right now, warning people knew of a gaza strip of rocket fire that is coming out of the gaza strip. that rocket fire continuing now for a second day as israeli air strikes continued to go into the gaza strip. today and yesterday evening, israeli fighter jets hit islamic jihad islamic jihad targets up and down the length of the gaza strip. the israeli defense force says the targets they had to range

from underground bunkers used to store raw materials for making rockets, source from the islamic jihad metaphors, and a couple of training compounds they said the air there are casualties on the palestinian side. israeli forces struck at targets in damascus, those are described as command hubs and manufacturing facilities for rocket fuel and parts. we should note that the islamic jihad is supported by iran. 26 rockets were fired out of gaza yesterday and at towns near the gaza strip, another 60 rockets were fired today. the iron dome defense system was activated and fired missiles to intercept. israel claims they shot down 50% of the palestinian rockets, injuries on the israel side are minor. things like people falling as they ran to the bomb shelters. this round of violence started with a couple of fighters from islamic jihad attempting to place a bomb on the fence between israel and gaza. the idf shot them and killed one. then israel drove a tank and a front end loader into the

gaza strip to collect a body to be used for future bargaining. created a very ugly visual with the dead palestinian hanging from the shovel of that front end loader. that went around on social media. it enraged palestinians. don not, hamas , and islamic jihad both vowed revenge. so far only islamic jihad has fired rockets and we should know that in the last few minutes israel now announced they have shut all of the crossings and other out of the gaza strip for both pedestrian and industrial traffic. sandra? >> sandra: mike tobin, thank you. president trump saying he's ready to sign a peace deal ending america's largest running war. if a temporary truce with the taliban in afghanistan holds. it took effect last friday and could set the stage for finally bringing u.s. troops on prejoining us and i a retired four-star general jack keane, from the institute of the study of war and fox news' strategic analyst. thank you for being here. >> good morning, sandra. >> sandra: going to

specifically back to the president's words, if the truce holds. first off, will it? >> i suspect it will. it's a reduction in violence, not a cease-fire. it's somewhat of an ambiguous term. it's going down in the wintertime as taliban prepares for a spring offensive. i think it's likely it will, and what we are really talking about is the beginning of negotiatio negotiations. the specifics of that i have been made public but it's been leaking out. what is central to that is there will be negotiations for the first time of any consequence between the taliban and the afghan government. there is huge separation there politically, so those could take months. there's too negotiations over a cease-fire that would last throughout the duration of the negotiations. that's going to be very tough to achieve. also negotiations about an

exchange of prisoners, and the united states will begin, as part of that agreement, to reduce its forces from the 12,000 now in country 28600. >> sandra: here is the president now on the signing of that taliban truce yesterday. >> assuming it works out over the next less than a week, i would put a name on it, yeah. time to come home. they want to stop. they've been fighting a long time. we are tough people, they are tough people, but after 19 years, that's a long time. speed react to that. the president saying they want to make a deal, too. they are tired of fighting. >> it is a fact there is a certain percentage of the taliban that are worn out and weary of fighting. that's why they didn't want a cease-fire, because of it goes on for any length of time and the fighters go home to their families, they are concerned they won't come back to the fight. so yes, that is true. the other thing that is true is 85% of the people in afghanistan, every single year from the 19 years the present is

talking about, has rejected the taliban. they're the most unpopular insurgency in the history of insurgency's prepolitically there's going to be huge separation here. the taliban do not want to participate in the political process. they would get no. and yet, the afghan government wants them, if they're going to have an agreement they want them to be a part of the constitutional democracy and share power under that umbrella. >> sandra: does this finally pave the way, if the temporary deal holds, does it finally pave the way for bringing u.s. troops home? >> i'm not sure, to be frank about it, sandra. the differences are very real. we have a long process in front of us. i don't trust the taliban. i believe they will say anything or do anything, to do what? to get the u.s. troops out of there so they can have their way with the afghan government and the afghan security forces. so we will see. this is going to play out in

front of us. hopefully there are some good intentions here. most of us who have been around afghanistan for a number of years are skeptical. everybody wants peace. the afghan people wanted, the american people wanted certainly come and deserve it, to be quite frankly. so do our troops. but we will see. >> sandra: there is a new report released over the weekend from the united nations, general, and you look at the number of civilian casualties in 2019 in afghanistan, nearly 7,000 injured. 4400 more than that killed. in that report the u.s. said that despite the grim milestone the overall number of civilian war casualties dropped to a 6-year low. when you look at the 10-year chart, there are a total of civilian casualties in afghanistan, 100,000 civilians killed or injured in afghanistan in ten years according to the new report. final thoughts, general? >> wars always take its toll on the population. while the combatants are

fighting each other, the civilians are tragically caught in the middle of that. this is clear evidence of hopefully why we can finally end this war and get a but keep a healthy dose of skepticism as we go forward. >> sandra: general jack keane, we appreciate your time on the this morning. thank you. >> good talking, sandra. >> ed: the general said right there. everybody wants peace. he points out that he's not alone and saying very few people trust the taliban to follow through to make the tough decisions. >> sandra: we will see if that temporary deal holds and what lies next. meanwhile, roger stone's legal fight far from over. he's demanding and i trial after his conviction, and now the judge is sounding off. >> the supreme court clearing the way for brand-new law making it harder for immigrants to become legal if they use food stamps or housing vouchers. we will take it to the judge. andrew napolitano straight-ahead. the reason why. it lets you shortcut the loan process and refinance with no income verification,

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>> sandra: new fallout in the roger stone case. judge amy berman jackson firing back at him, denying his request that she be removed from deciding whether he gets a new trial. kristin fisher has more on all of that from washington for us this morning. hey, kristen. >> hey, sandra. the immediate issue is something that judge jackson said during roger stone during roger stone sentencing. she said the jury had served with integrity. a stone's defense team immediately pounce on that filing a motion on friday saying the statement should disqualify her from presiding over the case because the defense team is alleging juror misconduct. judge jackson fired back with

this sharply-worded statements on a night saying, "there was no rule and no case law that would justify the recusal of a judge for bias simply because he or she said something about an issue on the docket, on the record, at some point before a reply has been filed or before a hearing, which may or may not be required in the court's discretion, has concluded. if parties could move to disqualify every judge who furrows his brow at one side or the other before ruling, the entire court system would come to a standstill." president trump is also raising questions about the integrity of the jury. one forewoman in particular. listen to what he said as he was leaving for india. >> you have a juror who is obviously tainted. she was an activist against trump, said bad things about trump and said bad things about stone. she somehow wheedled her way onto the jury. if that's not a tainted jury, there is no such thing as a

tainted jury. >> this motion for a new trial is now on the docket for tomorrow. judge jackson will first hold a hearing to open that hearing to the public, but as of now, sandra, it's a sealed hearing set for 2:00 p.m. tomorrow. speed kristin fisher in washington, thanks >> ed: let's bring a judge andrew napolitano pres of course the fox news senior judicial analyst and a host of "liberty file" on fox nation. good morning, judge. first, not a surprise that he would offer to dismiss her from the case. >> it would be very unlikely and unusual to dismiss a judge at the tail end after the conviction and after sentencing. as kristin said, one phrase that she used at the time of sentencing. the rule is, if you are the judge can even trying the case for week after week. and you have negative feelings about the defendant because of evidence that has come in that is normal and natural. if you bring negative feelings about the defendant into the courtroom with you from, as some

source before the trial starts that is not normal and natural, and that is what you should be recused for. so she ruled that, yes, she had some animosity toward stone, and yes, she used sharp language toward him, but it was based upon what she learned about them during the trial. she knows with the case was, and the case is that if that's the source of your animosity you don't have to leave. on the appellate court won't kick you off. >> ed: so we put that aside. but serious points on the docket, and we will get more on this tomorrow, the question of whether or not this jury was tainted. the president certainly believes the jury was. your thoughts? >> this is a profoundly serious issue. the supreme court says that we are not intended to perfect jurors. who is perfect? but we are entitled to indifferent jurors. that is, who at the outset of the trial are indifferent as to the outcome. this juror, herself a lawyer, led the judge, the prosecutors, and defense counsel to believe

that she was indifferent and neutral. after the kerfuffle about the recommended sentencing came about and the prosecutors quit, she outed herself by reviewing all of her internal -- not public -- internal tweets. the president was right, they were harshly negative about him and negative about stone. if the lawyers and the judge had known of those tweets at the time, she never would have been on the jury. did her predetermined animosity toward the president and stone influence this verdict? that is what the judge is going to try and determine tomorrow. the way to do it is to put this former juror on the stand and let everybody in the courtroom, prosecutors and defense counsel, interrogate her. she doesn't allow that interrogation, she's going to give stone and appealable issue. >> ed: do we think there's a new trial? >> it's possible but in my view it's extremely unlikely. in light of what she has said about stone, about the judge,

and about his defense, i don't think she will award a new trial. what is that going to do? that will teed this up bread to the president's lap. >> ed: to decide whether or not to pardon roger stone. >> correct. if he doesn't pardon him, he'll be going to jail. he's facing three and half years. normally he would have started that last week but she delayed that, which will be addressed tomorrow. >> ed: was there some justification then for william barr, the attorney general, to step in? he was sharply criticized for getting involved. it turns out that maybe he was vindicated. the original prosecutor wanted 7-9 years. this wound up a lot closer to what bill barr wanted. >> it was exactly what he wanted. when the attorney general came in and said, "redo the calculation," guess what they came up with? 36-40 months. what does she sentence them to? 40 months. some may argue, that's still too

much. because i wasn't really any arm here. nobody was harmed. "wait a minute, he was convicted of lying before congress five different times, that can't go unpunished." so we don't know how it is going to enter. the attorney general was really on thin ice, because he caused a firestorm in the doj by bigfooting the line prosecutors. they exacerbated it when they quit. i think that firestorm has pretty much been put out by now. >> ed: meanwhile we are getting worried there may be word in the harvey weinstein trial. as we get ready for that word to officially come down, what are you looking for in that case? >> the problems the jury was confronted with on friday were mysterious because they said that they had decided some of the lesser issues but not the major ones. the major one is being a sexual predator. under new york law, the government has approved two things. the rape of the victim, and it has to prove a prior sexual

assaulted. if the jury does not find the prior sexual us all to have occurred, then it can't even reach the sexual predator issue. >> ed: you can see that fox news alert, in fact there has been a verdict. we are trying to get the details right now but this is breaking news as we speak, judge. there were a lot of questions that the jury was sending to the judge. wanting to know how all of this could play out. how significant was that in terms of the questions that were asked? >> i don't like to second-guess a jurist. i read his instructions. 150 juries, they were very confusing. you have to issue instructions. so a high school student can understand it. >> ed: the charges are on the screen, that he's facing. >> one and three, predatory sexual assault. those are the ones who get him automatic life in prison. if found guilty, obviously pay the others, as bad as they are, they are not life in prison. what are the outcome, what is

waiting for your? a similar trial in los angeles which is ready to start in the month. >> ed: if you and if you get some kind of indication here, he is still facing charges on california? >> correct. >> ed: what else are you looking for? there's been concern in the #metoo movement that maybe these are not the base cases to bring against harvey weinstein. and that he maybe indicated. i stress, might be. and that somehow this would backfire. >> this was a weak case. i've never seen or heard of a rape case investigated by the police for five years where not a single detective testified. >> ed: part of me one second, we have alex hogan live outside the courthouse, what are you hearing about the verdict? >> ed, we are waiting at this point to find out what that verdict is. we do know that the phone rang in the courtroom, so that means the jury will be on their way back in. we have heard time and time

again, they've had so many questions. as you've been mentioning, in talking to the judge we can't really speculate exactly on what it is that they found at this point. we do know from friday that there was a decision on three of those counts. whether it was guilty or not guilty, they haven't given us an answer. again, those two predatory sexual assault charges, those were the ones that we really saw in question. so we are waiting here right now. behind me you can see the courthouse, waiting to see what it is exactly that they have found pertaining to, specifically, those two out. >> ed: alex hogan, we appreciate you staying on top of this case. sandra is here, as well. we are waiting to get with the actual verdict is. we are with judge napolitano, our senior judicial analyst, obviously watching this closely. judge, hearing all of this play out, a lot of people waiting to find out what finally comes he here. >> this is a case of enormous interest, not only in the entertainment community but in

the legal and judicial community. one of the reasons it is of such enormous interest is the judge allowed testimony of his prior behavior, the alleged acts involving the actress from "the sopranos," goes back to the early 1990s. he can't be prosecuted for that because of the statute of limitations having run. under this new law which -- the penalty if you show a pattern of predatory behavior, he automatically gets life in prison. he's the first person that we know of to be tried -- and if he is convicted, convicted -- under this new law. this is novel judicial and legal ground that will be breaking here if there's a conviction. >> ed: absolutely. alex hogan in fact is live outside the courthouse still. alex, talk about the scene out there. this has been quite a spectacle in recent weeks as it all plays out. >> it really has been. here we have a sea of news vans, different reporters from all

over. of course, this is such an important case in the spotlight of the me too movement. we await that verdict, we do have a crew inside. so we are waiting to hear what they are hearing. all of us reporters out here waiting for that to be able to bring the public of the news of what exactly the word is on this case. of course, this high-profile case really encouraged other victims to come forward with their accusations. whether it be in their workplace, whether it be against people they know, just different allegations in general. that's why we are seeing so much movement around this in general, ed. it really hit home two years ago, when those murmurs started against harvey weinstein, and note echoing in the courthouse behind a. >> ed: alex hogan, thank you. sandra? >> sandra: since the judges onset here with us, as we are awaiting the verdict in the weinstein trial, we are told that has been reached. if you could just give us some

color on the last five days, five days of deliberations, 22 hours. it's a 12-person jerry. seven men, five women. they began deliberating thursday morning. those charges that you are looking at back up on the screen, the jury. dominic appeared on friday that they were deadlocked possibly unanimous on the three lesser charges. criminal sex acts, first degree rape, and third degree rape. >> the defense counsel said to the judge, "we have a partial verdict, let's take it." they wanted to come in peace now. "we want you to send it back into the courtroom and resolve everything." and the judge did what most judges would do, which is say, "look, i know you are deadlocked on it now. i want you back negotiating." they negotiated for half an hour, it was the end of the day. "think about this over the weekend, don't discuss it with

anybody, come back on monday morning and really bored and on this. we need to be unanimous on everything." "we trust you, this case is now in your hands. you are neutral when you walked in here, you've seen all the evidence, i've explained the not to you." a little bit confusing, as i've opined. "we know you can do this on monday." and now they've done it. what's happening now as they are gathering materials, they are being moved toward the courtroom, they will enter the courtroom, the judge will enter the courtroom, they have written down their verdict. the judge will look at the verdict. he will either hand it to the foreperson or the clerk depending on his preference. they will read it aloud and one of our producers will get it to kristen, who will get it to us. or to alex, excuse me. >> ed: we are told the d.a. in the case is about to have a news conference, we are getting that ready to go. not starting just yet. but that will be breaking any moment now in order to get the details about exactly what is

playing out inside that courtroom. >> if he is convicted, the issue would be, what they do with him? is incarcerated immediately because he would have a tremendous incentive not to be around for the l.a. trial or the execution of a sentence. i wouldn't be surprised, if he is convicted, if he has remanded to the custody of the jailers until the time of sentencing or the time of the l.a. trial, whichever happens first. >> ed: in contrast to the every state doll not case with stone. he's been out free while other this is pending. >> weinstein has a bale of the couple million dollars. you know what stone's bail is? zero. very unusual in the federal system but that's what it is. >> ed: this is obviously playing tape of him arriving at the court earlier as we watch those images of him coming and going to the courthouse, you are reminded that he has been using the walker, leaning over, his team

saying that he has got growing health concerns. but looking more confident every day of deliberations that he would be acquitted through this process, judge. to the point where he just began refusing -- you can see the microphone -- he quit answering reported questions as he started out doing. and his behavior changed through the process. does it appear to him, when you see and hear his team and see him, that he is expecting an acquittal? >> lawyers know a lot more about the case then we do. but i've read and reread the jurors notes that came out on friday. on the judge instructions that followed the note. it was fine and centered and clear. it was impossible to determine when they said they were unanimous, they said they were unanimous on two -- you have them up on the screen -- four, and five. and they were deadlocked on one and three. one and three are the killers ran. they are automatic life in prison. it's impossible to determine, sander, what they unanimous

about premeaning, the unanimous acquittals or unanimous convictions? if they are unanimous acquittals it's unlikely he will be convicted on one and three. if there unanimous convictions, it is likely he will be convicted on one and three. we won't know that until alex gets off the actual verdicts in a couple of minutes. >> ed: the significance of them being unanimous on two, four, and five, moving deadlocked on one and three, which art, as you say, the killers. the ones i would put him in prison for life. >> if they are still deadlocked on those, the judge will enter either an acquittal or a conviction on the three they are unanimous on prewe don't know which way they were unanimous. a mistrial on the two predatory pilots. guess what? the government can retry him before another jury and another judge on -- >> ed: the more serious charges? >> correct. it would be entirely up to the government to make that determination. they have a couple of weeks in

which to make a decision. >> ed: as we noted a moment ago, the d.a. will have a news conference shortly. >> sandra: we are hearing the verdict is out. we will get alex hogan as soon as she has that for us. i will wait to report what i'm hearing right now. judge, this is the moment. think about all the time that has led up to this moment. >> as we are talking about the police, they've been investigating him for a long time. this was a tremendous influx of governmental resources. it's been tried under new york's new predatory law. whatever the outcome, it is groundbreaking and monumental. >> ed: if you are found guilty, what happens here in new york? what happens in california?

>> in california it would be a similar trial. >> ed: he would still have to face trial even if he's convicted? >> correct. the question is, is he a free person going to california on his own because he's being acquitted in new york? >> sandra: we have new york. he's found guilty on two counts, first degree sexual assault and third degree rape. >> wow. that means the most serious charges against him -- we don't know the answer yet. we will get it from alex. either it was deadlocked, in which case the government can retry him where he is found not guilty, that he can be tried for that again. >> he's facing serious time. i don't know that he will be remanded today, but there's another life sentences. these and other big ones the government wanted. that's probably what the d.a. wants to discuss with the press when he holds his press conference outside the courthouse and a couple of minutes. >> ed: you hear that verdict, guilty. harvey weinstein, the movie mogul, guilty on some of the

accounts. we are awaiting the district attorney to come out, hold a news conference and explain. you can see right there, count two, criminal sexual act in the first degree, guilty. so you're not certain but it's not life in prison. compared to the overcharges. >> correct. this is not the -- >> ed: the count five -- pardon me -- rape in the third degree, as well. serious charges, as you laid out earlier, but the penalties in prison are not nearly as long as it of accounts. >> correct. this is not the triumph government wanted. a, to demonstrate the utility of this new tool that the legislature of the state of new york gave prosecutors. just as the legislature of new york has given to prosecutors in california. allowing them to reach deep into the defendants past to find other criminal behavior, uncharged and thus on convicted, and use it in order to goose upf

what he's charged with here, and the magnitude of the penalty. that apparently failed. but they may have another shot at it. at this point it becomes a negotiation between the d.a. in new york, which has them here, the d.a. in l.a., who wants him there, and who is going to get the next shot at him. >> ed: recapping, harvey weinstein guilty on two counts. counts two and five. the other three, we are awaiting word whether it's an acquittal, whether it's a hung jury on those counts, you can see five counts total. the judge has been laying out two of the counts, which he was not found guilty on. would have been life in prison. >> we've got to check this with alex, this is remarkable. that count one is not deadlocked, it's not guilty. count three -- these are the big ones -- not deadlocked, but not guilty. count four, not guilty. even though he is facing jail time, this is a significant victory for him and he monumental setback for the government.

these are not hung juries which are going to produce -- >> ed: counts one, three, and for not guilty. fox news and confirming what you're saying. >> this is probably different from what we were led to believe on friday, that he has escaped the most dangerous charges against him. >> ed: wow. monumental. >> he can't be tried for them again even though similar charges involving different victims are awaiting him in los angeles. >> ed: is he clear on the jail time for the two counts east guilty of? is it many years, months? >> i think one of these is 10-20 pres got to be in his mid-to-late 60s by now. the other is about 5-10. they will be served at the same time. >> ed: so he is still facing prison time? >> he is still facing prison time, yes. >> ed: we are awaiting that news conference from the district attorney who will lay out the two counts that are guilty, and as the judge is

reporting harvey weinstein was found not guilty. what comes next and all of this? >> is alex available? i would like to know if she knows whether he will walk out of the courthouse or if they have remanded him, which is a decision the judge can make right here and now. >> ed: we don't know if we have alex right now. there she is. what do you know about whether harvey weinstein is going to be released today were immediately taken into custody? >> from what we were hearing earlier, it he would not be released. that's according to information we received last week that he is remanded. again, right now we are still waiting on the final word on some of those counts. again, as you mentioned, we are learning more outside the courthouse of these not guilty counts that he is facing. again, some of the more serious charges that he has been acquitted on. we will still wait to find some more information, but it is likely surprising to some of the accusers who have said that they were very confident in this.

we will keep following this. >> ed: what are you seeing on the ground there? is there any movement or the district attorney coming out? 's of buddy just observing this right now? what's the scene behind you? >> the scene by me right now, a lot of the different reporters just here on standby waiting for the information outside of the courthouse. that's the area we've been seeing every single day, harvey weinstein entering. around 915. we know he's been in a separate room with his attorneys waiting on word of what his fate will be. behind me you can see those doors, a lot of people waiting here. people who are not involved in the case that are clearly just wanting to know what is verdict is an kind of be a part of the action as it all comes to happen here. >> alex, do you see his lawyers outside the courthouse without them? that will be the telltale answer to whether or not he's been remanded. >> that's true. from where we are standing we do

not see him. a lot of these attorneys, the prosecution, they haven't been able to speak to us so eventually we will be able to get word from them once they do come out. >> ed: alex hogan outside the courthouse, we will get back to you when we have more information. we are standing by again for the district attorney and the harvey weinstein case to come out and address reporters about what we see. basically a split here. guilty on two counts, not guilty on three counts. judge napolitano, you want to talk about the significance? >> it's an odd case. you and i have discussed this before. i mentioned it earlier. a case that the police have investigated for many, many years and not a single detective testified. what does that mean? to the police, who have a lot better feel for these things then prosecutors do, have a different view of what he should have been charged with and whether he should have been charged than the prosecutor stayed? to the pick the right case to employ this novel tool granted to them by the legislature of the state of new york? find some old sexual events,

some nonconsensual sexual event that he committed 20, 30 years ago, and use that as the predicate to enhance the potential penalty? the jury wasn't buying it. now the question is, why was the jury not buying it? what did the government do wrong? one way to look at a prethe other, hey, he is still facing lot of time. which is why he's probably been reminded dominic remanded already. it was a similar outcome in los angeles. i don't think he will ever see the light of day again. >> so he can try and get some medication about the most serious charges, and being found not guilty. he is still going to prison. >> yes, he is. >> ed: this is a still aspectacular fall from gr. >> yes, it is. it's not with the victims wanted. i hate to say this, it's almost a rejection by the jury of their testimony. but it is a victory for justice and that a human being who apparently thought he could behave this way and get away with it because of his wealth and power in the entertainment industry is now facing the

music. >> ed: absolutely. sandra, this is something that will be studied for a long time. not just in the moments and hours after this verdict in terms of what it means for the me too movement. >> melissa: judge '., it'll be interesting to see what happens outside of that courthouse. i would ask you why you're wondering that, because leading up to all of this we were told the guidelines. whether or not -- if the jury had reached a verdict of either guilty or not guilty. and then what we would see following that. immediately after the verdict is red, the courts recess, the d.a. office, with the understanding we would be delivering remarks and take if you a few on-topic questions. it was then our understanding that they would be a simultaneous press conference by parties involved in the case. we will obviously want to see what happens after now the verdict has been read and who comes out of the courthouse. obviously weinstein would be a question, as well. >> i can't imagine we will hear anything from weinstein himself even if they do let him out of the courthouse. you will hear some moaning and

groaning from defense lawyers and some moaning and groaning from the prosecutors. but i think they will argue, "hey, we got him off the streets, he can't do this again." >> sandra: the verdict has been reached. judge andrew napolitano, alex hogan of the grass. you have break in coverage of this new story on harvey weinstein. we will be back in this moment. i have huge money saving news for veterans.

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>> sandra: harvey weinstein guilty on two of the five charges against him. he >> ed: the district attorney should be having a news conference very shortly, fox news is going to be on top f that. set up right outside the courthouse, whether the defense team comes out and speaks as well, were going to be all over it all afternoon. >> sandra: big day for news, market still up, dow of 908 points as we handed off to "outnumbered." >> ed: "outnumbered" starts right now. >> harris: we will pick up our breaking news coverage right now, a jury has found movie mogul harvey weinstein guilty on two counts including our criminal sex act and third degree rape. alex hogan is live in new york city at the courthouse with more. alex? >> this is a monumental case and

as you just mentioned, we do have a verdict. harvey weinstein faces five counts in his sexual assault case and he has been found guilty today on two of them. the very first one he was found guilty on his criminal