to what he mentioned, the department of emergency management director, there are two tropical waves approaching the caribbean as we speak, they could develop into depressions, tropical storms or hurricanes and if they do strengthen they could impact south florida and that's why they need the extra resources coming in, likely from virginia. >> harris: phil keating, you stand by. let's go back to the news conference and we have just scooted into the noon hour on the east coast, this is "outnumbered," continuing coverage of the surfside condo collapse and news conference now, let's watch. >> the families that are currently still here and i will tell you, the resilience of those folks is nothing short of amazing. and just like the chief was mentioning about the determination of the first responders, that's what keeps us going, when you have these folks that we are serving who we know they are having the worst experience of their lives, asking you, what can they do to

serve their friends and families and what can they do to better support the red cross is nothing short of amazing so i would just encourage anyone that's out there that we have not been able to make contact with that was living in the building, please reach out so we can be sure to give you the access that you need. thank you. >> thank you, mr. logan. and to provide a translator. [speaking non-english language] >> harris: those comments were rather brief, when they translate in either spanish or creole, we step back for just a moment, to welcome my cohost emily compagno and kayleigh mcenany, tomi lahren this hour as well, as this is going on, we want to thank the great reporting of phil keating. we are learning more details

about how much faster they are going to have to work. >> kayleigh: they are going to have to work fast with two storm systems off the coach and potentially inclement weather, our first responders rise to the occasion, they reach the top of the debris pile, they initially were on the sides, they are now at the top. these are heroes and they will work their hardest as these family desperately search for answers, so many families just waiting for a phone call. >> harris: what phil keating had been reporting in the last o just ask lena more in depth because it felt like hope and factually it is beyond that, it's reality and maybe there would be pockets, tunnels, there might be areas that are not as compressed. this is entering the seventh day. we've seen people survived this long and longer so that was an interesting detail to add in this conversation. >> emily: if you are a family member you are keeping your hope alive, especially mixed with

facts, historical precedent to that regard and you're going to hold onto it. the canines now being utilized are alternating, some are frankly, cadaver dogs and some are life dogs searching out hopefully human bodies that are still living so they are still working for that effect as well. >> harris: as we go back to the news conference, the q&a part can get really interesting every day because no doubt questions go to why did this happen? let's watch. >> we are seeing them pulverized and crumbling as we are trying to move it, that just compounds that, if we find an area we expand from there, we try to tunnel certain areas through there, not tunneling, obviously, through, but in certain aspects to see if we find something. so definitely come across some aspect like that and when we do that's where we continue to move forward. >> thank you, chief.

>> [inaudible question] >> so as you know, our process is to contact the next of kin so that's what we are working at this time before we can reveal any names, thank you. >> univision? >> [inaudible question] become i will take this in spanish. in conversations with the mayor, we had included additional resources to assist. we make contact with them, they were supposed to be in the morning, several things he would have to evaluate, as they go

through we have our team who checks for different aspects as well, capabilities, again, this is an extremely dangerous situation and i know everybody wants to help but we need to make sure we have the properly trained individuals to do the job that needs to be but there will be assisting in different ways and that particular group. >> ]inaudible question] >> that's where they just check the credentials, i don't know that, i've been saying where we are with our support. we have our state assets, we have our federal assets and that's the goal in regards to efficiency, this is how we employ our task force units, that's when we will utilize resources but if everyone had the opportunity everybody would be out there. everybody would be out there and

that's the key. i can't overemphasize the risk that everyone is taking right now and we all know why we are doing it but that's just where it's critical. we are utilizing to the best that we can and we are very grateful for everyone's assistance. >> [speaking non-english language] >> harris: all right, so this is the q&a section, when reporters after all of those statements were made from governor desantis of the great state of florida on two lieutenant governors to local officials, county mayors, city mayors, the q&as that come can be detailed about the search but

they also as a scene in the last two days can definitely be details about that building in the records we know exist that show as far back as 2018, they knew they had structural problems. let's watch. >> the sections you probably are referring to our certain devices that we put up and how we sure different components and when we first arrived on our initial assessment and where we started our search and rescue, we went into the very difficult situation, and if we had any location and positive outcomes up that would become i am assuming, you speaking of. >> thank you, chief. last question over here. >> and you talk about the challenges, the weather, how that's going to affect everything as far as getting in and out of the tunnel.

>> we are very grateful that the president is coming, he's been showing support for this community since the beginning and we assure you that we have plans in place with the secret service and our federal partners that this operation will continue. i mean, we have been resilient, we've had several challenges from weather, sorrow, pain and to have the president, will bring some unity here at our community, support like our governor, army air, altogether to and it's a great message of the families and were going to get it done. as i want to be a problem. >> [speaking non-english language] >> harris: we were told that was the last question, about the visit of the president of the united states, biden tomorrow and now this gentleman is translating what he just said it in answer to that, if they ask

another question we will go back, we will keep us up on the screen until all of this is finished. i've mentioned sessions about the investigation, so much of what we've seen today, the focus and understandably so is on trying to expedite the search as much as i possibly can, you heard them talking about, it's difficult to put more people on that pile because it gets more dangerous with every group, we are talking about weight issues, wind and rain, you see the news conference they are wrapping up. we also have today, tomi lahren and guy benson. guy, i want to get your thoughts and reactions on where we are as we enter day saddening all of this, obviously the death toll has risen, for four more bodies recovered today but there's so much to take into account as they move forward here. >> guy: it's excruciating, harris, and it's absolutely heartbreaking and what struck me listening to some of the answers in that exchange with reporters from the officials is of course

you have family members in particular and loved ones who are desperate for any last shred of hope because this is a race against the clock but if you go all out to try to rescue people, if you do it in a way that is unsafe and they emphasize this point over and over again, you could cause more loss of life, you could compound the tragedy so you're trying to race against the clock but do it safely and it's such a hard task and you have these families just desperate and waiting and my heart goes out to them. i don't know what else you can say. say. >> harris: tomi? >> tomi: reiterating that, i think folks are going to go from grief to anger pretty quickly and there's always a large amount of frustration, people want answers as quickly as possible but to understand what these first responders are doing and how difficult the job is ahead of them, they can't just go in and bulldoze the entire thing, they can't do it as fast as some people probably want because there's a chance or could be survivors and these family members certainly want any grasp of hope they can hold

onto to be there for them but once again i just want to reiterate, in the midst of all this frustration and tragedy we are seeing true leadership from both sides of the aisle and it's a great thing to see especially in our country right now that people can come together in times like this and i hope this as an example set for the rest of our nation in times of tragedy and when things are going well. >> harris: nearly a week ago we learned, it was at 1:30 in the morning on thursday, exactly one week tomorrow that the south tower at champlin towers in surfside, florida, had fallen. the mayor said things don't happen like this in first world countries, he was with us hours after this had happened trying to put his mind around what he could see. now all these days later this nation has watched together and prayed together, 16 deceased, 139 accounted for and 147 unaccounted for. together we watch as we cover this on fox news and at any

moment now we are expecting from a president trump's arrival for his visit to the southern border in texas as a border crisis escalates with a surge of people trying to come into our country illegally and bringing along illegal drugs. we will get into that, stay with us. ♪ ♪ now's the time to refi and take out cash. the newday 100 va loan lets you borrow up to 100% of your home's value. you could take out $50,000 or more, to pay down credit card debt and other expenses. and lower your payments $600 a month. the newday 100 va loan. only from newday usa.

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>> harris: a fox news alert now, any moment from now we are expecting former president donald trump's arrival for his business at the southern border in texas. the border crisis escalating as drug smuggling is reaching shocking new levels but they are getting new and heartbreaking images from the border. a 4000% increase of dudley fenton all and the sharpest rise

this year and it's only the end of june. the border patrol says the rising amount of fentanyl is being found in the desert transporting by increasingly brave smugglers who are exploiting stressed federal resources, the human impact of that crisis, look at the little one in the middle of your screen, he's two years old, abandoned along the side of the road in mexico, authorities say he had been on a packed truck carrying about 100 illegal immigrants to the united states where a 25-year-old man had succumbed to the heat. he died because it is intensely hot. guy benson, the former president going down at a critical time, he actually can tell us about a before and after and since the policies were wiped away by president biden. what you anticipate? you know he will speak. >> absolutely he will speak and we'll talk about policies that

were working and policies that have been abandoned for political reasons. harris, you just mention to stretch federal resources of the border, i want to pick up on that because a few republicans on capitol hill sent me this yesterday. if you can believe it, with the crisis that's underway, i know the white house doesn't want to believe it's a crisis, the numbers speak for themselves, in the middle of his emergency and this massive surge, house democrats have introduced a bill that would actually cut spending on border patrol and ice and i think that is fascinating. any time but especially these days, the number that's our party that always want to increase spending on virtually everything, even if you increase spending at a slower rate, when it comes to the military and comes to police, and it comes to border enforcement seems to be three areas where they are willing to actually make cuts and i find that very instructive and i think voters will, is also. >> harris: you see the intersection there, right?

congressman royces with the former president today, president trump and he pointed out, look at the interconnection between that and defund the police, it's more than a trend. >> that's red and democrats often in washington, d.c., here in this town, when republicans suggest some sort of a reformer or a cut or slowing the rate of increase of spending they come to the microphones, they rush and they thunder, budgets are a reflection of your values and these coldhearted republicans and you can sort of read the script from there. if budgets are a reflection of your values, and they only want to cut the pentagon, police and border patrol i think that again is very interesting and speaks to this moment where we need more resources and the democrats have finally found an issue on which they are willing, maybe two issues they are willing to pay her back and curtail

spending. interesting values, interesting priorities, certainly. >> harris: tomi? >> tomi: i also want to talk about the downstream effect, not only are we welcoming hundreds of thousands of people into this country, to welcome over a million illegal immigrants in this country this year but we have to think about that not only has democrats want a cup border enforcement as guy pointed out, they also want to defund the police and in other areas so you're introducing hundreds of thousands of people, some criminals, some coming over with drugs as you mentioned and now we want to defund our police department as well? this makes zero sense but another thing i want to draw attention to is what we talked about in the drugs coming over, a lot of these drugs coming over, we have no idea the magnitude because most of these people that are coming over are not coming to texas, a lot are coming through arizona, the worst of the worst, criminals coming through, the ones with the drugs in the ones that i really exploiting the fact that border patrol has been relegated to glorified babysitters in the worst of the worst is coming to a city and a town near you, it does not stay in the border

city. >> harris: what you and i know from being down there particularly in arizona because of my home, what we we know from being down at the border is that the drug dealers are part of bringing the unaccompanied children to the border, they are not there kids and making a scene away from those entry points, creating places where our guys and women and border patrol have to go and put out fires, if you will, while they can bombard wherever they want, coming with drugs. 50,000 along the border, that was three months ago, i need to do an update on the number, emily? >> emily: that's exactly right and i think the democrats defending border patrol is another example of how they over semper fi everything and in van til's migrants. they refuse to acknowledge their connection as we are all talking about, this is a symbol of us

being compassionate towards immigration and showing our commitment to other approaches. they are also managing the 4000% uptick in fentanyl which is the cartel drug of choice, the tiny amount of it makes it easy to smuggle across the border. about how it's spreading across the u.s., ohio, the canine association alone year to date has located and seized over 110. 2 milligrams is enough to be deadly. the final point about the families, there's a father in california lobbying to hold drug dealers accountable after his daughter died of a fentanyl overdose because right now you need applied melons, citizens

are begging for accountability there. what is it going to look like, we call then you can't find the fan out. i have to imagine, this, he went to the border, the president of the united states. >> kayleigh: it was his last trip, i've been with him to the border, i was with him when he went up to the wall, touch the wall he built that stopped so much traffic from coming to el paso and because of president trump's efforts and because of his singular efforts on immigration in 2018 we saw overdose deaths come down for the first time in 30 years. the father you speak of? they are not dealing in fentanyl, they are dealing in death because 41 pounds of fentanyl across our border is enough to kill more than 9 million americans and that's this year alone. >> harris: straight ahead, ilhan omar is setting up a new

firestorm over the comment she initially walked back where she compared israel in the united states to terrorist groups. what she's saying now about that and her jewish colleagues in the house. >> do you regret these comments? >> i don't. ♪ ♪ my fellow veterans because i know there's so many of you who have served our country honorably. whether it's 2 years, 4 years, or 32 years like myself. one of the benefits that we as a country give our veterans is eligibility for a va loan for up to 100% of your home's value. so if you need money for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. veteran homeowners. three reasons to do a cash out refi right now. home values are high while rates are low. newday lets you borrow all of your home's value. and you could take out $50,000 dollars or more.

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>> kayleigh: congresswoman ilhan omar igniting new outrage saying she doesn't regret comments at her critics have called anti-semitic while suggesting her jewish colleagues in the house aren't "partner's injustice" after she compared the u.s. and israel to terror groups. she later said "i was in no way equating terrorist organizations with democratic countries with well-established judicial systems." that walk back did not last long because here's what she is saying now. >> do you regret these comments?

>> i don't, i think it's really important to think back to the point i was trying to make, obviously i was addressing secretary of state. >> kayleigh: she was asked about her past controversial comments where she said this, "it's all about the benjamins" implying lawmakers only support israel because of money. in a 2012 tweet where she claims israel hypnotized the world and whether she could see why that could be offensive. >> i welcome many times my colleagues have asked to have a conversation, to learn from them, from them to learn from me, i think it's really important for these members to realize that they haven't been partners in injustice, they haven't been equally engaging in seeking justice around the world. >> kayleigh: guy, let's rewind to the first controversial

comment equating the taliban and hamas with the united states and israel. initially only a dozen democrats in the house condemned her comments, she called him islamophobic, then the walk back came and now the double down, it's amazing. >> guy: i appreciate the fact that ilhan omar is telling the truth now, she doesn't regret this. she doesn't regret what she said, she meant it and she's doubling down because as you said, so if your people and her party will actually in a meaningful way rebuke her various outbursts of ignorance or bigotry so she's emboldened and noticed that she calls out specifically and singles out is not sufficiently devoted to the cause of justice are a group of jewish lawmakers within her own party. i think that may come as news to a lot of those lawmakers, i'm sure they view it as a smear but once again ilhan omar has some interesting thoughts about jewish people and i can't say i'm sure terribly shocked. >> kayleigh: so more than just

a double down as guy points out, she attacks her jewish colleagues and blames them. >> tomi: the reason this continues to happen is because there are no consequences for any members of the radical left, particularly those members of the squad, they are running the show, we saw nancy pelosi give a limp response when this controversy was ignited a few weeks back and it really was nothing more than maybe a slap on the wrist if that. when there are no consequences and they know they can get away with whatever they want to do and they are running the show, they've got the biden administration wrapped around their fingers, does anyone really expect them not to say these things? they also weaponize the word "racism" and "islamophobia" to their advantage, making them untouchable, we've created this culture and now we've got to live with it. >> kayleigh: it's beyond even the anti-semitism it's her saying, 9/11 is some people did something. she is full of hate and rage and making fun of people for saying

al qaeda in a menacing tone. >> harris: you are nancy pelosi and you think you are running things, for the most part she is, but this woman actually has the audacity to say on national television "i lied what i clarified," that's what she means, she should have been interesting when she said it because that rhymed at least but that's what saying, she lied to the speaker of the house, they pressured her, she knew she had to come up with some kind of clarification, and now we know she lied when she made it. where's the woman in charge now? is nancy pelosi to say come back to my office and tell me why you lied to me when you clarified, clean it up again and i guess if you do enough cleaning up on aisle seven you can get a job somewhere. she's going to need something. voters, i don't know, i think they are paying attention. >> kayleigh: where is nancy pelosi? another great question raised by the republican jewish coalition, they said this. "will u.s. jewish democrats join

us for calling out ilhan omar for saying jewish members of congress aren't partners injustice or are they going to show us once again they are frauds?" >> emily: no one is surprised by this continued exhibition of bigoted and hateful rhetoric, the real surprise is the lack of accountability demonstrated by her own party and the white house. house democrats failed to even pass a clean cut bill that condemned anti-semitism after the ap called it an embarrassing misstep but they called marjorie taylor greene, reckless, irresponsible anti-semitic rhetoric. just this week however, for jewish house democrats wrote a letter to the president begging for him to command a united front against anti-semitism in this country. >> harris: what was the president's response? >> emily: crickets thus far and remember it took him almost four months to nominate an ambassador to israel so the only message i see is that one of a lack of prioritization by the

white house and clearly not a united front against anti-semitism especially out of the mouth of ilhan omar. >> kayleigh: the democrat party here in the united states of america condemned anti-semitism. coming up, olympian gwen barry not backing down despite the avalanche of criticism she's gone for turning her back on the american flag, she is now suggesting the national anthem is racist. that's next. >> is disrespectful and it does not speak for black americans, there's no question. ♪ ♪ going up. now's the time to refi and take out cash. the newday 100 va loan lets you borrow up to 100% of your home's value. you could take out $50,000 or more, to pay down credit card debt and other expenses. and lower your payments $600 a month. the newday 100 va loan. only from newday usa.

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>> emily: olympian gwen barry again defending her decision to turn her back on the american flag and national anthem during olympic trials over the weekend, doubling down during an interview yesterday saying "the star-spangled banner" is "disrespectful to black people." listen. >> if you know your history you

know the full song of the national anthem, the third paragraph, it is disrespectful and it does not speak for black americans. it's obvious, there is no question. >> emily: tomi, barry is sponsored in part by color is change, defund the police advocacy group among other things who applauded her "leadership" today and every day after this. >> tomi: is anyone surprised? she is an olympic athlete and i have to give her that but she is a third-place finisher, we wouldn't be talking about her if she hadn't pulled that can't but colin kaepernick paved the way for athletes to do things like this. i've had a little bit of a revelation on this rate i think when these crybabies choose to do some like this especially when we were to be talking about them otherwise, we should ignore

them. pan the camera away, they won't get the attention they clearly want to end this anti-american propaganda given the time of day and room on our network send in our headlines, let's just ignore them, let them be crybabies without the spotlight and i think moving forward that to be our course of action. >> emily: guy, she says the anthem doesn't speak for her so why should she represent the rest of us americans at the olympics? >> guy: she also said that she didn't want to talk about the anthem and then she gave a tv interview to talk about the anthem. there's no question that is racist, there's very much a question about that, historians have been dating about that seldom sung third verse she was referring to but to tomi's point and picking up on a point that harris made yesterday that i loved, and all of these still shots that are all over tv whenever we cover this particular issue about this one athlete, you see her having her moment and there are two athletes on the first and second

place podium, with their hands on their hearts who performed better than she did an athletic competition and you almost never hear about them and harris, you made this point, brooke anderson and second place, dn price who won the gold so to speak and set two american records on that day, i'm happy to celebrate them, they want to represent us as a country and they seem proud of our country and let's root for them because they are the first and second place winners and if a third-place person wants to spout off about whatever that's her right and we have a right to choose who we pay attention to and who we root for. >> emily: in a way she won't have that right if she gets to the olympics and metals there because the international olympic committee has made it clear they are enforcing the rule they had that prohibits demonstration on the podium. >> harris: look, we have a long history with people who want to put themselves in the spotlight, right? the world has a long history of this. you have to ask yourself, who is she trying to advocate for. is she really trying to make

change in areas where she thinks it's needed? because right now she's willing to soak up the spotlight and the guy, thank you for your kind words about what i said yesterday, i meant them, this is an individual who is chosen to take the spotlight off of first and second place, this is the opportunity to get on to the olympic team, the olympic trials, this is your moment, depending on how you go you might not even end up in the top ten. we don't know where she's going to be at the olympics, this was her moment and instead of sharing that, i don't know if you noticed in the pictures, the other two women had little flags and they were so proud and the only thing we see as their neck some of their elbow, a little bit of their flowers, we don't get to celebrate with them. look at the shot, you know what i'm talking about right there, we don't get to celebrate with them and we really, really need to end if she wants to make a statement, i hope she takes her statement of the sport because the world is going to be there to compete with her, let's see how you do. >> kayleigh: i had a little bit of a revelation as well

looking at those images, she looks like my 18-month-old daughter when she's pitching outfits, shirt over her head, not paying attention, not engaged, she looks ridiculous that she's protesting some of the set up, it was a publicity stunt by her, the star spangled banner, as the daily wire rates it out, they actually are talking about british poison ground soldiers on american soil so the matter on all this, shame on the white house for not coming out and saying, put your hand on your heart during the national anthem come into our country justice and stand there proudly. you know who else she is sort of under serving during this entire thing? all of those average, ordinary americans do protest outside because when she said "if i were to do that outside, no one would listen," that's not true, every american's voice is equal and

every time someone protests, someone hears and someone sees. >> harris: i know narcissism when i see it, it's about her. >> emily: fox news alert, any moment from now we are waiting for the president to arrival for the meeting with border patrol in texas. we will keep you updated. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ when you're entertaining, you want to put out the best snacks that taste great, and come straight from the earth. and last time i checked, pretzels don't grow on trees. just saying. planters. a nut above.

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>> harris: breaking news about former big time tv start at bill cosby, he's about to be released from prison after the pennsylvania state supreme court is vacating his conviction, the court claims an unfair trial. bill cosby is going free from prison today. 83 years old, been in prison, found guilty on charges he will get into in a moment, 2018 but he's said to speak to the public, he's going to hold a news conference today. emily compagno, i know we are poring over all of these legal breakdowns, why is he going free? >> emily: 79 pages but essentially unconditional, the original district attorney came out and said look, i don't think there's enough to prosecute here, in part because of the failure to file a complaint in a

timely matter because of the inability to procure a corroborating physical and the like. he said all right, bill cosby, i will not prosecute you in a criminal court, however he allowed the civil suit to proceed. in the civil suit there's no way for a defendant to not testify so bill cosby at the time as we all know testified in the civil suit, he is essentially incriminate himself, he gave comments that lead, as we know, the later criminal jury to rely on those statements to convict him. after that, the successive district attorneys, the later one side, you know what? we are not bound by that decision, by the comment that we will not prosecute you criminally, so they indeed charged him, when in unconditional charging decision is made publicly with the intent to induce action and the defendant relies on it meaning

bill cosby says okay, great, you're not going to charge me criminally so i will participate in the civil suit and get full and honest testimony in the deposition and when the defendant does so to his detriment on the advice of counsel he said it, then denied and the benefit of that decision is an affront to fundamental fairness and here's the key quote, you guys. no new year changing of the guard strips that circumstance of its an equity meaning putting in another d.a. does not strip this entire fundamental unfairness of the fact that it's unfair to the defendant is what the judge said here. >> harris: i'm curious about what effect this has on other cases, we know that cosby was the first convicted of sexual misconduct in the #metoo era. last year his parole was denied for reasons including a negative recommendation from the pennsylvania department of corrections and his refusal to participate in a treatment program for "sex offenders and

violence prevention." my thought as you kind of go forward with the story as it had an effect in the commonplace ways that we talked about celebrity sexual assault and discrimination and harassment so when he became but kind of the face of all of that, if he's like all because things weren't fair in a way that emily has so greatly detailed, and really laid out for us, what is that mean for all these other cases? i don't want to lump too much together but does it have an impact? d3 it certainly could, you walk away and you get the distinct feeling, when an average everyday american accused of a crime like this get away with t? somehow cosby walked free and you are left to wonder, are there standards of justice here? the notion that it took her time to file complaint, we know

victims, we know time to come out, courage to come out, there were 58 accusers, against bill cosby, 58 and he's walking out of the jail cell free in a matter of hours. >> harris: tomi and guy are with us, i want to bring us into this conversation, #metoo, the movement, we learned a lot about hollywood. >> tomi: we did learn a lot about hollywood and there hasn't been, to my knowledge, changes made. it's always interesting to me the social justice warriors, what causes they pick and choose to be upset and angry about. i guess we should watch and see

if there will be outrage or will this slip through the cracks at some celebrity cases in hollywood certainly seem to do to do. >> harris: die? >> guy: well, we have a few lawyers on this panel, i am not one of those lawyers. we heard from emily and from kayleigh mack and on this end i believe most of the legal analysis to the legal eagles. putting myself in the shoes of a loved 1 of 1 of these many alleged victims, kayleigh said it, dozens of victims stretching back decades, 58 accusers all the way back to the mid-'60s, statutes of limitations expired as this guy was out there as america's dad, rich and famous, why the beloved with his dark history to his alleged behavior and they finally hold him partially accountable for some of it and it looks like based on this technicality, perhaps a legitimate one but a technicality, he's going to get out and if he's going to hold a press conference like this is some big exoneration that has to be daggers for the people who

have been victimized by him allegedly and the people who cared about those victims and the inculpatory statements that he made in the civil side according to emily, that shows that this is not just a big witch hunt, there is fire behind that smoke but justice, it looks like, again is going to be true justice is going to be elusive here. >> harris: so much, the part of what emily was talking about on the couch today, so much of what we learn to be the truth, to be the facts, the awful side of bill cosby, bill cosby told us, himself who he really is. what does this mean for those other 57 people, those other women who as guy pointed out, statutes of limitations running out, maybe accountability through this one woman who got out of there ahead of the hash

tagging and the movement, she put herself out there, but because prosecutors would cut a deal not to prosecute him, then next set of prosecutors the judge looks and says, she made a promise to him way back when it it doesn't matter that he said the self-incriminating facts of how awful he was. essentially dangerous drug in people and assaulting them. the lesson here for all of us as americans, the lesson is actually a reminder that in our criminal justice system, due process trumps all and that's with the judge emphasized here and essentially said that look, the impact of the due process violation here is so fast, the only remedy available is to vacate and the other side was arguing back. we will re-try him, the judge said absolutely not, they can

never bring criminal charges on these charges again and they outlined and basically said look, think about what i'm to say, picture it as a defendant, beginning with the district attorney's inducement a defendant gave us a fundamental constitutional right, he was compelled to participate in a civil case, he weekend his position there, ultimately settled that case for a large sum of money, he was tried twice in criminal court, convicted, served several years in prison, the judge says and love, all of this started with the prosecutor's compulsion because the reliance that he would not be prosecuted. >> harris: where they just trying to get him to come clean and tell us what really happened and we won't hold it against you? >> emily: i think at the beginning that's of the prosecutor was hoping, here we are learning --

>> harris: you don't say stuff like that, someone is going to hold you accountable. speech of the problem with the unconditional quality about it, you're not going to be prosecuted so you can participate fully here, settle this out, the record is going to be wiped clean, the common thread that i keep emphasizing on the couch, guy, you mentioned -- fruit of the poisonous tree, from an evident standard and guy mentioned the technicality but the reason i brought up the due process evidence is really a fundamental actually quality, not quite a technicality so much as a fundamental concept that in our criminal justice system we want to make sure we uphold, we all know he's guilty. >> harris: he told us he's guilty. he gave us details we would not have without him speaking. >> emily: it's the way the

strategy was deployed, if it dampened due process, all of those things exist in our system to make sure those concepts are upheld ended outweighs the guilt. >> harris: would you say, look, they are doing their jobs, it wasn't the original group, the next group and maybe even more, does it come down to how much privilege you have? he has some good attorneys. >> kayleigh: due process is a key part of our system. >> harris: some people get more due process than others. >> kayleigh: and they try to make sure that justice prevails, some borrowed and balancing the rights of the accuser and you just walk away with the feeling that justice was not served here. it just simply wasn't. andrea can't stand, i wonder how she is feeling now, getting an l

drug, and her body violated 58 other women whose stories are approximate data. settling the lawsuit in 2006, where there was a settlement. and you have to wonder how she is feeling right now, failing by the criminal justice system. >> harris: he is not innocent because of what happened today, right, emily, he is being let go because of a technicality which as you say is legitimate. he is justified. somehow or another, these attorneys stuck with it. maybe when he said that he was going to refuse, in person, because he did any treatment problem for -- his attorneys may be looking at that and saying, ten seconds, go. >> emily: bottom line it is more than a technicality, the fundamental due process, the judge said society interest and prosecution does not displace the remedy vacating the entire thing based on the fact that he was constitutionally agreed, so

the right to due process trumps all including the fact from his mouth. >> harris: 83-year-old bill cosby will be released from the phoenix state prison outside of philadelphia today expected to make some sort of statement later in the day, you can bet the breaking news coverage will continue right here on fox news, and now "america reports." ♪ ♪ >> john: and harris, we will begin "america reports" what continuing coverage of the breaking news to bill cosby to get out of prison today, the ruling that no one saw coming, the pennsylvania supreme court to just overturning his conviction. good afternoon, welcome to "america reports," i am john roberts, got to have seo today. >> thanks for having me today, i am shannon bream and for sandra smith, serving more than two years of a 3-10-year sentence in philadelphia, vowed that he would serve all ten years rather than ever admit that he was guilty in