fix this. i hope the kayleigh mcenany. >> thank you very much, tom. pray for the 21 families whose lives are changed, including the law enforcement officer who lost his child, pray for those families. i certainly will be. here is "america reports." >> john: kayleigh, thank you. this sad friday, texas officials moments ago giving an update on the deadly school shooting that claimed the lives of 19 children and two teachers. one of the major questions answered in the news conference how the shooter got inside the building, through an open door. i'm john roberts in washington, and good friday to you. >> thank you, john. i'm in for sandra smith. texas dps revealing a teacher propped open a door at

11:27 a.m. before the suspect entered the school, he immediately unleashed more than 100 rounds, shortly after that, three officers entered the school and two of them were immediately grazed by the gunman's bullets. >> john: according to texas dps, as many as 19 officer gathered in the hallway as of 12:03:00 p.m. no effort was made to breach the door of the classroom until 40 minutes later. law enforcement facing questions and criticism over the amount of time that passed before they stormed the classroom to stop the carnage. >> uvalde mayor will join us in the next hour, but we have team coverage this hour on all angles. karl rove will join us in moment. alicia is live in houston where the nra convention is being held. >> john: bill melugin, what a news conference that was.

>> bill: yeah, john, that is an understatement. i think our jaws hit the floor as well, one of the big highlights we learned from the moment the shooter was first encountered by police in that school until the moment he was killed, it was an hour and 15 minutes. and we heard the director of texas dps criticize the on-scene commander, he said was the uvalde school district police chief who made the decision to not breach the classroom and instead a barricade situation rather than active shooter situation. quickly take a listen to the texas dps director critical of that decision. >> of course it was not the right decision, it was the wrong decision, period. there's no excuse for that. but again, i was not there, but i'm just telling you from what we know we believe there should have been an entry as soon as you can.

>> bill: what we learned is essentially there was a 45-minute span where after the shooter was encountered by police and they pulled back, they just waited for a tactical team to arrive and we learned there were upwards of 19 police officers in the hallway of the school waiting, providing cover on that door, waiting for ballistic shield and a tactical team to show up. as that was happening, we find out that approximately 12:16, there are 911 calls coming from inside the school, including from teachers and children, one call at 12:16 in particular from a teacher saying there were 8 or 9 children alive still inside the classroom. we also found out that the timeline was much shorter between the gunman crashing his car and entering the school. remember yesterday we were told that was about 12 or 13 minutes. crashing the car at 11:two and then entering the school at

11:40. today we learned he got into the school at 11:33. so, crashed the car at 28, enters the school at 33, just five minutes and we are told once he entered the school at 11:33, he essentially had several minutes of free reign, he went into the classroom, unopposed, no resistance whatsoever and fired off hundreds of rounds in the classroom. and that is where we are being told most of the damage was being done in the initial first few minutes. we then find out there was not even a school police officer on campus, he was not here when this first started. he heard the 911 call drove over and missed the shooter who was kneeling outside the school behind a car. the school shooter was able to get into the school, texas dps was asked why the school resource officer was not here on campus, they didn't have that information at the moment.

so he goes into the classroom, 11:33, starts shooting hundreds of rounds, 11:35, 2 minutes later is when the first group of local police officers show up in the hallway. we are told there were seven of them. they approached the door, they get shot at. a couple of them get injured so they decide to fall back, hold their guns on the door, watch the hallway, and then call for back-up. and that is the decision that texas dps is criticizing today. they are saying the on-scene commander decided well, we don't know if there are kids alive inside, don't know what's going on inside, it seems like a barricade situation. we have time, let's call for back-up. dps says that was the wrong decision in hindsight. there were still children alive in that classroom, potentially saveable in the classroom. still 911 calls coming from inside of the school, but they waited for about 45 minutes until the vortac team arrived.

even when they did arrive, at 12:15 p.m., 911 call came from the teacher inside at 12:16 and the shooter was not killed until 12:50. more 30 minutes after the vortac team arrived. so, going through all of this, we also found out he had almost 1300 rounds of ammo, digital footprint, he was in instagram groups talking about buying guns and wanting to be a school shooter and apparently may 14, 10 days before the shooting, he had an instagram post where he said ten more days, which would line up to when that school shooting took place. there is a lot of heartache for the parents out here listening to the details of what was just disclosed during the press conference. back to you. >> anita: bill, so many things caught my attention but i want to go over with you this timeline and at 12:16 those 911

calls coming in saying that 8 to 9 children were still alive, and yet the shooter was not taken down until 12:50, 34 minutes, they had 34 minutes. it is just heartbreaking to think that maybe something could have been done to save some of those students. >> bill: yeah, and perhaps i missed it during the press conference, i did not hear them say which classroom that 911 call came from. we don't know if it's the class where all the gunfire was erupting or if it was one next door, apologies if i missed that. however, yeah, it is -- it is heart wrenching to hear there were people calling inside, begging for help, kids begging for help, the call at 12:16, and more than 30 minutes before they ultimately breached. we understand they were waiting for a ballistic tactical shield. i do want to point out another perspective i've been hearing from law enforcement which is maybe, you know, we heard dps say it was not the right

decision to wait, to not breach, but multiple law enforcement contacts have been saying you got to think about what the officers, what position they were in. essentially would go into a death funnel of a door with a guy waiting with an ar rifle aimed at the door and one by one without a shield or anything, you are going to have a bunch of dead cops on the hand. now dps says that's the job they signed up for. active shooter doctrine, you go straight to the threat and you neutralize it, and a lot of discussion and dissection of what went wrong here. >> john: and plenty of windows as well, might it have been possible to get a shot at the shooter through the windows. windows were broken out to get kids out of other classrooms. the thing that i can't believe is that literally five minutes before this guy entered the

school a teacher propped that door open, the doors are supposed to be locked when the kids are in the classroom. have you heard any explanation or any talk there as to why in the world that teacher would have left that door propped open even after he crashed his pickup truck into that culvert and started shooting at people at the funeral home and then was firing rounds into the school? >> bill: john, i've got the exact same questions. it's unfathomable, and such a small decision had such a big impact. but what we are being told is the teacher first opened that door at 11:27 a.m., propped it open, one minute later, 11:28 is when the suspect crashed the car, gets out, the teacher apparently goes back in to get a cell phone and that's when the door was propped open after the

crash as you mentioned and then one minute later at the funeral home that's when the first shots were fired. so we don't know if there was chaos with people running around the heat of the moment, but unfortunately that door was left propped open and that gunman had no resistance whatsoever walking in. he walked into the hallway, didn't have any issue to get in the classroom and sickening to think for several minutes he was able to be in that classroom just shooting, and we heard them say hundreds of rounds fired. hundreds of rounds, guys. >> john: and the tragic irony with that door, eventually that door was locked, it was the shooter who locked it so nobody else could get in. bill, great reporting today. we'll get back to you later on. >> anita: thank you, bill. the tragedy in uvalde, texas prompting protests against the nra about 300 miles away in houston. the nation's most powerful gun

lobby opened the annual three-day convention today despite calls to cancel the event. senior correspondent is live in houston with more. alicia. >> hi, anita, and we have a developing situation here just outside the george r. brown convention center. you can see protestors there, we are staying on this side of the gate. 1 of 3 protests that have been organized around the convention center. you can see security is incredibly tight all around for the 55,000 attendees to the nra annual convention and you mention there are calls to cancel that, but the cancellations are coming in. texas lieutenant governor dan patrick canceled his appearance at an nra breakfast, saying he spoke with representatives in a tweet he said "while a strong

supporter of the second amendment, and a member of the nra, i would not want my appearance today to bring any additional pain or grief to the family and all those suffering in uvalde." this is a time to focus on the families first and foremost. he joins a number of musicians who canceled their appearance, as well as texas senate john cornyn and congressman dan crenshaw. those lawmakers saying it is due to scheduling conflicts. texas governor greg abbott scheduled to speak here will send a recorded video message. he will be in uvalde as well. 55,000 people, as i mentioned, are expected to attend the nra annual meeting. three organized protests also plan the nra rejecting calls from critics to cancel. saying as we gather in houston, we will reflect on these events, pray for the victims, recognize our patriotic members and

redouble commitment to making schools secure. form president trump and ted cruz say they will be here for their speeches that are scheduled for later today. of note, in 1999, the nra was heavily pressured by government officials in colorado to cancel its annual meeting that was scheduled to take place in denver ten days after 12 students and a teacher were killed in columbine high school. it refused, but shortened it to one day. in the history of annual meetings, they say they have only canceled twice. in 2020 and 2021, and that was for the pandemic. we will continue to watch as things unfold here in houston. you can hear the protestors out there. >> anita: live in houston, thank you so much. john. >> john: lawmakers facing growing calls to act in the wake of the tragic shooting in uvalde, and mitch mcconnell says he has directed texas republican senator john cornyn to work with

democrats on bipartisan solutions to gun violence. karl rove joins us now, a fox news contributor and former white house deputy chief of staff. second amendment advocate are going after mitch mcconnell throwing around the words these are traitor who are going to take away the gun rights, but something has to be done. this happens way too often. what do you think, compromise legislation to address this might look like? >> well, there's been some discussion that a national red flag law or incentives for states to adopt red flag laws might be the most likely outcome. that's because both red states, like florida and indiana, have red flag laws, and just blue states like california and new york have them. allow the local legal system, police and judges, to take weapons away from people considered to be at risk for mental health reasons and other

issues. but look, my heart sunk during that news conference when there was a discussion about the door that was propped open. all the things we are talking about now would not have stopped this. what would have stopped this potentially or at least given law enforcement more time and kept the shooter out of the building was if that door had not been propped open. and so just simply following the procedures in law and practice in the state of texas might have kept this problem happening or at least played out in a far less violent way. >> john: you mention red flag laws, we saw it in new york state fail, and other examples where red flag laws failed to prevent somebody from getting a gun. in the red flag idea is there but you have to put it into practice. let me ask you about this. chuck schumer this week blocked the luke and alan act, they were

told in the parkland shooting, but schumer tweeted gop senator johnson tried for a bill for more guns in schools. the shooter got past the officers in the school. first problem, karl, with that tweet, there was no officer at robb elementary school. the shooter did not get by a police officer because he was not there. second, the bill, what it does, establishes an online clearinghouse for information on improving school safety. >> yeah, look, senator schumer treated, is treating this as a political issue and unfortunately so is the president. i was completely taken aback when last night i got an email in my in box featuring the logo of the democratic national

committee with a message about the violence in uvalde from president joe biden. talking about how fed up and we needed to take action. you know, there's a difference between having that come from the white house and having it come from the democratic national committee and just as the democrats have treated this issue politically in the past, maybe chuck schumer's actions in the last couple of days, what does he have against increasing school safety by allowing schools to have officers with guns? if there had been -- if the school safety officer had been on the job yesterday and we have to find out why he wasn't, this might not have happened either. if the teacher had followed the rules and the procedures set in place in texas to have kept that door closed and locked, maybe this wouldn't have played out like it did. and schumer's unwillingness to allow this vote is a sign he would rather use this for politics than to find practical

solutions that everybody can get behind. >> john: in addition to the door and the school resource officer, why did the person who was the incident commander before vortac got there say you know what, the active shooter part of this is over, barricaded subject, let's wait. i mean who knows how many children bled out in that time. >> absolutely. and steve mccraw, the commander of the texas department of public safety is one tough character but he knows his business when it comes to law enforcement to i trust him. a couple of officers were grazed by slugs coming through the door, lots of things brought us to this moment. we have rules and procedures in place that say keep the doors locked, and to say that school safety officer has to be on duty and why those two things didn't happen i didn't know, but a lot

of people in grief and a lot of people off the face of this planet today in heaven who don't deserve to have gone so quickly because of those decisions. >> john: the whole thing is just a tragedy. karl, good to get your thoughts. thank you. we'll be covering this more coming up as well. the mayor of uvalde will be joining us. >> anita: interesting to hear from him. he's been mayor there for a number of years. he has talked so openly about his heartbreak and what it has done to that town. good to get his thoughts. a verdict could come in the trial of former clinton campaign attorney michael sussmann. both sides giving their closing arguments. will the jurors decide he is guilty of lying to the fbi? >> john: and more americans are expected to hit the road this holiday weekend. but is it just the start of a

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>> john: millions of americans set to kick off summer by hitting the roads this memorial day weekend. according to aaa, nearly 40 million people are expected to travel this weekend despite the historic highs in gas prices. we have fox team coverage this hour with connell mcshane on the beginning of what could be a very costly summer just ahead. but first, one of those 40 million americans taking to the roads is our jeff flock. he's live on the garden state parkway. jeff, how is it looking there? >> headed south, john, more ways

than one. take a picture what it looks like through the front windshield here, yeah, traffic jam. it's supposed to be a traffic jam. as you point out, 40 million people. of that, 35 million travelling by car. overall, the figure is up about 8 or 10%. seems people have not reached the point of pain. overnight we came down the first time in weeks in terms of gas price, actually over a month we have gone actually down. we went down 1/10 of $0.01. not much of a decrease. it's still a buck and a half more than it was this time last year. one possibility that things could be changing, something we call demand destruction. not sure if it's in place yet but here is the deal. the number of gallons of demand weekly rolling average, energy department keeps track, it is at

its lowest point since 2013 for the same time period. that tells us maybe that people are pulling back a little bit, driving a little less, fewer miles, longer, or shorter trips, that sort of thing. the other thing, energy department or i should say the government is coming out with some information about the safety on the roads. apparently traffic fatalities way up as people get back and drive more after the pandemic. listen to this. >> some states are upwards of 30% increase in fatalities in 2021 compared to 2020. a lot of bad driving habits we got into during covid seem to have stuck now that traffic is back on the road. >> not much chance to do much crazy fancy driving right here now, maybe we leave you with a picture of what it looks like out there. moving pretty slow in new jersey, john.

>> john: it is the garden state parking lot, after all. i've driven that many times. and just for the record folks at home, who think that jeff is taking texting while driving t a new level. he is hands-free. i have to point that out. thank you, jeff. >> anita: safety first. let's bring in connell mcshane, chief national correspondent for more on this. i know you have been covering the gas prices a while now and people are choosing to fly rather than drive because they say it's cheaper. is that possible? >> oh, boy, i've seen the same someone will be interviewed and yeah, such a far drive, might as well fly. and some people say i'm not going to go at all. i think what is far more interesting, what jeff told you, the most part, what the numbers or the data shows us, surprising to some, people are still travelling and for the most part they are still driving. of those aaa numbers, 88% over

the weekend that are going to drive. you have a lot of american families, you think about people you speak to about this or your own life that have maybe put off a trip for the last couple years during the pandemic and even though this is more expensive than they thought it would be, or even in some cases they have to dip into the savings to take the trip, for now they are still taking that trip so from the big picture view, economy's point of view, interesting spot. one of the reasons prices will remain high and see, jeff told us the data, maybe close to a breaking point. one of the reasons prices remain high, people are willing to pay them, willing to keep going, that the demand is still there. see how long that lasts. >> anita: it's astonishing they are willing to pay, but jeff said they are going town 1/10 of 1%. and there on the west coast, and bigger state on the east coast,

and reported a couple weeks ago that gas stations in washington state are prepping for $10 a gallon. let's see how many people want to drive at that rate. an let's be careful. i know california is above six bucks, and 4.60 nationally. i think a gas station in washington state that sells fuel for race cars, that may be a one-off, things are bad enough the way they are not to have to worry about paying ten bucks a gallon. i think what's our breaking point. breaking point is probably a little higher than maybe it was because of the situation we are coming out of. because we went through this pandemic for a couple years, and people were not travelling or not willing, maybe in some cases saving up extra money as well and now they say you know, by hook or by crook i'm going to take that family vacation. does that continue later in the year, i'm not sure. at some point the demand will cut back and the prices will come down. and just a point of, we don't know where that point is

exactly. >> let's turn quickly to warnings of blackouts across the country due to high national gas prices. this warning coming from the nrc, this is the north america electric reliability corporation, excuse me, they warn an elevated risk of energy emergencies persists across the u.s., western interconnection this summer as dry hydrological conditions threaten the transfer. periods of high demand will result in reduced product, and natural gas fired generators and battery systems. i think it's a verbose way of saying, yeah, get ready for blackouts. californians are used to that but we are talking about the midwest, the southeast and even parts of canada. >> a couple things coming

together. natural gas prices have been going up. the war in ukraine did not help out there, and that makes electricity more expensive, the other thing are all the climate issues. we have record high heat and especially the drought across much of the american west for years and years. so yes, this particular report mentioned the midwest, mentioned the south, places like arkansas, mississippi, louisiana. i would also mention texas, which is a unique state that has its own grid, isolated power grid and already said to people in texas use electricity sparingly. keep it up at 78°. blackouts a concern across the country. >> not good news. connell mcshane, thank you for the round-up. appreciate it. >> political angle this november when kellyanne conway joins us.

and talk to her about her new book "here's the story," which is like the only trump book i've been intrigued to read. >> anita: coming from you, john, must be interesting. >> john: i just know how inside she really was. >> anita: you do, more than>> anita: we could be close to a verdict in the trial of michael sussmann, accused of lying to the fbi setting off the trump investigation weeks before the election. david, could we get a verdict today? >> david: interesting question. we could get a verdict but the judge, christopher cooper just told the courtroom that even if a verdict comes today he's going to hold it until tuesday because he has to be out of the building within the next hour or so for personal reasons. so, jurors are meeting now and deliberating but the verdict, if there is a verdict today, won't

be read until tuesday which is a little unique. closing arguments, though, happened earlier, brings all of the points of the two-week trial, put them into one argument from each side. after numerous witnesses and pieces of evidence jurors must make their final decision. former clinton campaign attorney michael sussmann, screen left, charged with lying to the fbi specifically james baker when he came to baker in september 2016 and said he had information linking the trump organization to a russian bank called alfa bank with kremlin ties. special counsel john durham says the lie is when sussmann told baker he was delivering the information on his own behalf, not on behalf of any clients, for example the clinton campaign. durham says he went on behalf of the clinton campaign. they saw billing information

that he build the campaign the same day he went to the fbi. sussmann's team said he did nothing wrong, a long standing relationship with the fbi and would never lie to the bureau. jurors have to weigh several questions, chiefly was sussmann's statement false, fictitious and material to the investigation, also did sussmann act knowingly, or willfully with intention to break the law. the final question was the statement made in the executive branch which is the fbi. if jurors believe the government proved its case beyond a reasonable doubt they are instructed to find michael sussmann guilty. they are going to deliberate a few more hours. if we get a verdict, it's going to be held until tuesday. anita. >> anita: so many interesting details in this trial. david spunt thank you for that. >> john: russia's forces tightening the grip, luhansk

region is seeing fighting. rebecca grant, national military and security analyst and fox news contributor. great to see you. thanks for coming in today. when you take a look at the overall field of battle compared to where it was at the end of february, it shrunk down markedly, what is it that russian forces are trying to do here and what could we see in the next few weeks? the pace of battle, while intense, is very slow in terms of the russians gaining ground. >> very slow, russia has made progress so i'm watching this weekend to see if russia can take this pocket or not, and time for ukraine to think of falling back to a stronger defensive position. they can then hold and take it every o.

but sort of make or break for russia's phase one right now to try to collapse this pocket and it could be in a couple days. >> john: seems as the goal of russian forces to extend the line which would cut off tens of thousands, about 10,000 ukrainian troops. turn this all red. what are the chances the russians could actually do that? >> it all depends on what happens here. if ukraine can hold and continue to inflict losses they'll have a tough time. the front overall is about 100 miles. but if they have to pull back, then it's a possibility, remember, john, actually russia took a lot of this territory back in 2014/2015, but in the end they could not hold it. and ukraine does have some really good well defended sectors in here to the east where the fighting could move to those sectors next. >> john: like in so many

ukrainian cities, a large rail station here in slovyansk, but russia has been attacking the rail lines and the roads. let me jump to this. the big picture in the east and the south. if, you can see this is disputed territory. if the russians were to be able to, put this in red, close this off here, color all that in red, do you think vladimir putin would then say we have completed the operation, and set conditions for ceasefire or at least try to with zelenskyy. zelenskyy said he's not ceding any territory. >> ukraine has made it clear they do not want to give up any territory. putin wants to make each of these a separate little people's republic, so that would achieve that goal but has a way to go and wants to get the road and rail system, he's doing it with

brutal artillery assault. >> john: is this what the fight is all about now, the piece of pie? >> the road and the rails in through here. russia has poured forces from the north and here into this fight so this is a very big push for russia at this point. >> john: anita. >> anita: the manhunt is still on for the woman wanted in the deadly shooting of a professional cyclist and reported romantic rival. she was last seen in new york city, where could she be now? >> 902 vote difference between the two candidates is within the one-half of 1% margin that triggers a mandatory recount under state law. >> john: triggering a recount in the pennsylvania gop senate race but a legal battle is now brewing. live to pennsylvania next.

>> anita: and welcome back. a recount is now under way in pennsylvania nail biting republican senate primary. legal challenges could prevent official results from being announced. a live report ahead as one of the candidates announces he is the presumptive nominee. but first -- it is day ten in the manhunt for

kaitlyn marie armstrong. austin, texas yoga teacher is accused of killing in a jealous rage. she could be in new york city. she was last seen on may 14, 3 days after wilson's death on surveillance video at an austin airport travelling to laguardia airport. anyone with information on armstrong's whereabouts is urged to call police. >> john: mandatory recount underway for the republican senate primary in pennsylvania and razor thin margin separating mehmet oz and the other campaign. sounds like a lot of barbs. >> dave mccormick's camp is

looking forward to a swift resolution to the recount. mehmet oz's camp says oz released a video claiming victory for the first time. >> i want to take a moment to express my deep thanks to the great people of pennsylvania who have joined me so far on this journey and supported my campaign. i am blessed to have earned the presumptive republican nomination for the united states senate. >> dr. oz currently leads mccormick by just under 1,000 votes, triggering the automatic recount under state law. pennsylvania's 67 counties can officially begin to recount votes today. recount must be finished by june 7th. a live look at allegany county warehouse where they are wrapping up preparations. allegany will start next week, but others began today. and smaller counties will finish the recount today.

recounts aside, still about 1100 republican, military and overseas ballots to count. 3800 provisional ballots from both parties and on tuesday arguments will begin over the so-called 850 undated republican mail-in ballots arrived on time but did not have the handwritten date on the outer envelopes as required by law. now, the mccormick camp wants the undated ballots to count and they have petitioned the pennsylvania supreme court to pick up the case. oz campaign has said basically the math does not add up for mccormick to make up this difference, and obviously, john, with that new video this morning it's clear that they believe that the race is over. we'll see. john. >> john: we'll keep watching it. thank you. >> anita: anger and scrutiny

growing over the police response in the uvalde school massacre that left 19 children and two teachers dead. what security measures were in place, what else should have been done? we will ask national association of school resource officers, mo kennedy, next. >> 11-year-old isaiah, those were his teachers two years ago. he enjoyed that class. that was the same classroom that happened. so he's kind of -- he is traumatized. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. ♪ it wasn't me by shaggy ♪ one gram of sugar, you're never responsible for unauthorized purchases on your discover card. you never know what opportunities life will send your way.

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>> anita: texas officials giving an update last hour on the deadly school shooting at robb elementary as many questions remain unanswered. a teacher propped open the door the shooter used to enter the building and there was no resource officer on the campus at the time of the shooting. let's bring in mo kennedy of the national association of school resource officers. mo, good to have you with us this afternoon. we certainly learned some heartbreaking details in the last hour about how there was a door left propped open, seems like right off the bat that was a fail mistake and breach of protocol. i want to ask you how things could have been different, though, if the school had an armed resource officer on the campus at the time and before you answer, i want to listen to a clip of sound from the press

conference about that. >> there was discussion early on that isd, consolidated isd for uvalde, resource officer had confronted the subject, that did not happen. >> anita: a lot of information getting cleared up, there was no school resource officer to confront the shooter. >> i've been waiting for this information to come out to get a better idea and you know, we see from history and places like st. mary's county, maryland, dixon, illinois, and olathe, kansas, when the sros are trained they make a difference. they stop the shootings before they proceed further. clearly there was not an sro on the campus and you mentioned the door propped open. it's something that we harp on constantly as sros, as a former sro myself, a constant thing to

make sure the doors are not propped, they are not open. perimeter security is critically important. >> anita: you know, according to the school security plan posted on the district website, there were a lot of security measures in place. i want to put some of them up on the screen, but there were supposed to be four officers in the school district's partnership, with local law enforcement, security staff. patrol the doors, case managers, threat assessment teams, social media monitoring, security cameras, a locked classroom door policy, so many things and yet many of those things didn't seem to be in place. what is your take on that? >> quite honestly, it only takes one of those things to not be in place or to not be tended to. it can be as simple as maintenance of a door not locking properly, or propping a door. it only takes one of those things to create this level of

failure and it's why we have to be so critically focussed every day and every school in this country in making sure that every detail is tended to in this regard. >> anita: what would you recommend every school district should do, what are the three most important things that school districts can do to allow parents to feel confident to send their kids to school. >> the issue of the perimeter security problem. that again, school districts have got to be on top of that. having that single point of entry but the rest of the building has to be secured to keep outside intruders from entering so easily. certainly we would love to see absolutely a carefulfully selected, trained sro to help this situation and obviously we have to look at the other infrastructure in the building and the human element of this is

so critically important, just making sure you are on top of these things every day. >> anita: mo kennedy, all good discussions there. hopefully schools will follow them. thank you so much for your time today. john. >> john: anita, new at 2:00, uvalde mayor don mclaughlin says his community is "broken" after the school massacre and calling out failures of the state and the nation that he says could have prevented this tragedy. he joins us live, and the anger at police in uvalde, and kelly anne conway and the trump comments toward her, and the michael sussmann trial. all new at 2:00 as "america reports" rolls on.

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right decision, it was the wrong

decision, period. there's no excuse for that but again i wasn't there, but from what we know we believe there should have been an entry as soon as you can. >> john: astonishing admission coming from texas law enforcement, they made the wrong call. a decision with consequences that will forever haunt the families of victims and hang over the torn town of uvalde for a long time to come. welcome back as "america reports" rolls into a second hour. i'm john roberts. >> anita: good to be with you, john. thank you so much. anita vogel in for sandra smith. the mayor of uvalde is with us to react to the stunning new details. first though, devastating headlines as details of the timeline are finally filled out. starting with an answer to exactly how that gunman got inside. >> john: officials say it was a teacher who propped open a

school door at 11:27 in the morning and then the teacher left with the door still propped open. it was just a minute later when the gunman crashed his truck nearby and made a bee line for the school. nobody stopping him along the way. >> anita: took five minutes for him to reach the door still propped open and enter the school at 11:33. and that is when the shooting began. and over the course of more than an hour his rampage continued without being taken down. >> john: during that time at 12:16, a teacher called from inside the school to report that 8 to 9 children were still alive. but still it would be another 34 excrutiating minutes before officers breached the classroom door and shot the gunman dead. >> anita: by the time they got to the gunman, 21 people murdered, 19 children and two teachers' lives lost. >> john: also expert analysis when chris swecker joins us in

moments, but bill melugin is on the ground in uvalde with what we are learning and you have to hand it to stephen mccraw, director of dps, a lot of tough information to relay, but all he wanted to good was get the facts out there, bill. >> bill: john, that's exactly right. certainly was not an easy press conference to put on and we saw steve mccraw, the director of texas dps get emotional during that. as you are talking about the timeline, one of the biggest highlights, we learned the first time officers encountered the gunman, 11:35 a.m. they did not kill him until 12:50 p.m. an hour and 15 minutes between the time officers first encountered him and the time they killed him. and that -- oh that's going to be a tough pill for parents to swallow and we heard texas dps director be strongly critical of the local police response to the shooting, specifically

highlighting the actions of the incident commander, the commander on the ground making the decisions here. he identified him as the uvalde school district police chief and he said it's an inexcuseable decision that was made and in hindsight it was the wrong decision made to not breach that door. he says the police chief decided to treat it as a barricade situation rather than an active shooter situation. and director mccraw says you cannot do that and under texas law, texas policies with their active shooter doctrine, you have to go straight in and neutralize that threat. take a listen. >> texas embraces and teaches, ok, the active shooter doctrine. as long as there are kids and as long as there is someone spiring, go to the gun, neutralize him, period. and only -- some nuances with transition to a barricaded

subject, also transitioning to a hostage situation, and of course the decision at the scene was that this is still a barricaded subject and did not go back to an active shooter. >> bill: and that did not happen here. just to put things back into perspective again, 11:33 a.m. is when that gunman first got into the classroom at the school. walks in and several minutes has no resistance whatsoever, more than 100 rounds are fired in that classroom. that's when much of the killing and the massacre took place. the first officers don't get there until a few minutes later, 11:35. he goes into the class at 11:33, the cops get there 11:35, and they approach the door, they get shot at, some are injured, they fall back, they don't leave the school, they fall back, they stay in the hallway, train their guns on the door and a decision

is made. the local commander decides we are not going to breach, we'll sit back, keep an eye on the door and call for back-up and a tactical team. texas dps says that was the wrong decision in hindsight. and as we get a timeline of the 911 calls as well, 12:06:00 p.m., 19 police officers in the hallway of that school. at 12:16, a 911 call comes in saying there are 8 to 9 children still alive. it was not for another 35 minutes before that tactical team made the breach and killed the gunman, and you mentioned off the top, we are also learning how the gunman got into the school in the first place. a door was propped open inadvertently by a teacher. that was around the time the suspect crashed his car. we were told the teacher came and went to go get a cell phone and ended up propping that door open and within a matter of minutes that gunman was inside

the school, inside the classroom starting his massacre. but to sum it up here, the real take away here is to hear the texas dps director strongly criticize the actions of the local police here, and think about how those parents are potentially feeling right now. what-ifs that might be circling in their minds, what if they did try a breach, able to get in there sooner, unanswered questions. were there any children bleeding out and died in the hospital instead of dying at the scene, could a matter of minutes save some lives if they were able to get in there sooner and get people to the hospital. you know, we don't know. but those are all questions that will likely be floating around in the heads of these parents who are going through such tragedy right now. we also learned that there was evidently a pretty substantial digital footprint left behind by this gunman who was posting that he was buying guns, in group chats on instagram, there was talk of school shooting, he had

apparently made a facebook post saying ten more days in the days before the shooting. so there was a digital footprint left behind. everything that came out of the press conference will be tough for parents to hear and it's tough for law enforcement to hear, too. i've been hearing analysts, did they do it right or wrong, dps says they did it wrong. i want to explain the other side of the coin from some law enforcement sources i've been talking to, look, the patrol officers who arrived at the door and had a decision to make about breaching likely only had side arms, not long guns, did not have a ballistic shield and their choice was do we funnel in through one door, the guy with the ar rifle ready to pick us off one by one as we come through, and all be killed or call for the team with the resources and the capability to handle something like this.

dps says it should not have been treated as a barricade, they should have treated it as an active shooter. no matter how you look at this, it's heart wrenching every way, and we had not known about the 911 calls today. today as they were waiting in the hallway for a tactical team to arrive, there were numerous 911 calls, not from teachers but students as well, please help, there are dead people here. some 911 calls had gunshots in the background of them. so, there was clearly activity still going on and there was just a decision made not to breach, to wait it out, and it was again, an hour and 15 minutes before that shooter was neutralized inside of that classroom, guys. >> anita: and bill, you know, during that hour and 15 minutes, we all saw the video of the parents gathered outside yelling at the police. begging them, begging them to try to go in and do something, or begging them to let them go

in and do something but they couldn't go. i'm wondering now, given the information that has come out, and i know you are standing at the school, are there any members of the community there, are there parents there that heard the details of the press conference? i just wonder if you've heard any of their reactions so far. >> i have not. i'm a couple blocks away from the press conference, unaware if there were any parents at the press conference. but look, obviously they are going to be listening, watching. i have no doubt whatsoever in the coming minutes and hours we are going to start getting reaction from some of those parents. one thing i would like to point out, too, that i thought was notable is the uvalde district police chief was not at this press conference. he apparently was the incident commander, he was the one calling the shots down here, and he is the one who texas dps says was making the wrong decisions down here and he was not here to answer to the media. and we have seen in these

situations before, law enforcement like to have these press conferences together to show a unified front, to show they are working together. we had texas dps and the fbi out here. unless i missed it, there was no uvalde police to answer questions about what happened and i find that to be quite notable. >> john: let me just go over one aspect of the timeline. we know the vortac team fro border patrol arrived at 12:15 at the school but did not go in until 35 minutes later to breach the door. and in the ensuing time, at 12:44, a student got the cell phone from a teacher, called 911 and begged 911 to send in the police. so there were kids who were still at risk inside the school calling 911 themselves and meantime the team is assembling, doing -- not sure what, before the breach. do we have any idea why it took

35 minutes to get that breach set up? >> bill: look, i don't. i've been talking to some law enforcement sources, i know they were waiting for a small amount of time to get what i'm told is a level four ballistic shield, the kind of shield that can stop a 223, an ar-15 round if that's the kind of ammo he was using, but only ten minutes or so. it does no the explain another 20, 30-minute gap to get the shield and breaching into the room. i cannot answer that question. your guess is as good as mine and we'll have to wait for more information to come out. that's exactly correct. vortac, the tactical team arrives at 12:15. 5 to 6 minutes later they get a shield and then 30 minutes, 29 minutes later at 12:50 they decide to make the breach. in between the 30-minute gap there were apparently more 911

calls coming from students. so it's unclear what took so long. obviously they have to make a plan. look, obviously, you know, i'm not a cop, i'm not a law enforcement expert but no easy feat to run into a room with a guy with a high powered rifle waiting to gun you down. i'm sure they had to come up with a plan. but 30 minutes, a lot more questions have to be answered and i would anticipate a lot of the questions would come from the parents, especially the parents who lost children in the shooting and likely be haunted by the what-ifs, what if they breached the room, what if they got in there sooner, was my little baby still alive, haunting questions to ask themselves, john. >> anita: no doubt the questions will be coming. one thing i thought was interesting, in the early days we thought there was a school resource officer that first engaged the spent but made it clear today that did not happen. there was not a school resource

officer there. yet the district has allocated funds to have school resource officers. so, there never really was a good answer why the officer was not there, was there? >> no, there wasn't. they were asked that. what we were told, at 11:29, when the 911 call comes in, we are told the school police officer heard that 911 call and showed up at 11:31. so, fairly quick response, within two minutes. why wasn't he on campus already, that question was not answered and we are told he inadvertently drove by the shooter and missed him, he was kneeling near a vehicle. and we were told there was a shootout between school resource officer, the school officer was hurt and that the shootout

caused the shooter to drop a bag of ammo, he was not on campus, basically had no involvement in the situation whatsoever. the shooter got into the classroom two minutes later and just started killing. >> anita: bill. >> john: bill, you think an alarm had to have gone off across the school when he started shooting rounds at the school, and how that door got left open after that is anyone's guess. bill, great reporting again. thanks for joining us and see you at the top of the next hour. chris swecker former assistant fbi director. you know, chris, there's no kind way to put it. it's like there were a lot of missteps here. >> chris: a lot of things went wrong, john. i watched the press conference with colonel mccraw and i served with him in the fbi 25 years, this is his second career and i know how painful that was for him. but i think he showed a lot of

courage in putting the facts out there. we have had too much misinformation and now i think at least some of that has been cleared up. and the judgment is that this was a bad decision. a series of bad decisions. door should have never been open, a lockdown as soon as trouble was observed outside the school, should have been a school resource officer on the scene, he drove past the shooter and did not come back, apparently, so this is going to be one that's going to be carefully studied and just like parkland, i think we are going to see things, i hope we learn from the incidents. i do school security assessments and see the very same things happening. doors propped open, no access controls, active shooter not drilled as often as it should be, especially during covid when things kind of slipped. >> john: but the ucisd had just

held an active shooter drill days before this happened. >> chris: again, i see these things and they say they did a drill or did they do a training exercise and actually do it at all three schools, the high school, middle school and the lower school. what we see are policies in place and documentation of things and then you find out that practices are totally different than what is on the piece of paper. >> anita: chris, you know, the district had so many security measures in place. they are all listed on the website. but seemed like many of them were out of place on tuesday. i want to ask you now what role does the fbi anticipate playing in this? >> chris: they are in a support role. there is really not a federal violation here, the special agent in charge is in the background and steve mccraw knows how that works, he was in

that position a long time, he ran the san antonio office. so they are in a background but have 200 agents there. they are doing evidence processing probably, that's what they, they have the evidence response teams that can respond from all over the country. there's a lot to process. three different crime scenes and collaborating with dps in doing that. but i don't see a federal violation here as odd as that may sound because murder is not, state murder is not a federal crime unless there is other circumstances. >> john: chris, thanks for being with us. appreciate you coming in today. i want to go back to uvalde, texas. don mclaughlin is the mayor there. we appreciate you taking time to speak with us and the nation. let's start off with how is the town doing? i mean, i can't imagine how difficult it is. >> i mean, this down is heart broken. everybody is.

i mean -- we've got 19 families that lost loved ones, two teachers, their family loss. one teacher lost her husband -- lost her life, her husband had a heart attack and died yesterday. this town is in shock. but the one good thing about our community is it's a strong community, we'll bounce back from this. yes, it will take a long time to heal but we will unite, we are a strong community, a close knit community and will come back from this. >> anita: mayor, you've been the mayor there since 2014. it's a town of 16,000 people. you know a lot of people there. what do people need right now? what do you think will help the community, comfort them through this time? >> well, i mean -- you know, we've got lots of counselors coming into town, lots of prayers. prayers are always appreciated. but the most -- the outpouring

of love and comfort that we are getting from all over the world and the country is one of the things that helps heal us. the biggest thing this community needs now is for the counseling for those families that need it, the kids that were at that school, we are going to have another prayer vigil i think this evening where people can come together. the one we went to the other night the -- it was just amazing to see the community come together and there were family members there that lost loved ones. to see them out and see the love this community showed them is just -- it's remarkable. >> john: from mayor, earlier today we saw steve mccraw, the director of texas dps for the south give an extraordinary press conference and when you consider the questions that all of the parents are asking about how could this have been prevented, could more have been done during the incident, we

learned that a door was propped open and that's how the gunman got access, and then director mccraw said this about the decision to not breach the door of the classroom to try to take out the gunman sooner, listen here. >> of course it was not the right decision, it was the wrong decision, period. there's no excuse for that. but again, i wasn't there, but i'm just telling you from what we know we believe there should have been an entry as soon as you can. >> john: what do you make of all that, mayor? >> well, i'm not on the law enforcement side and i'm leaving them to their investigation, i'm not involved in that. but i mean, i do know there was a uvalde sheriff's deputy and the police and the border patrol that made entry into that room. i don't know all the facts to that. and i was a little upset yesterday when the facts changed again and i'm hoping to get a briefing this afternoon to maybe get a clearer understanding.

you know, whatever happened it's a tragedy, we have to find out what mistakes were made and what happened, and get to the bottom of it. i'm not on the law enforcement side so i have not been privy to all their investigation. >> anita: mr. mayor when you signed up for this job, i can't imagine you ever thought you would ever have to do anything like this to try to comfort your community. how can you play a role and help people here? what do you even say to parents? what are the conversations you are having with them to try to bring them some support and let them know that we are all standing behind them. >> well, nobody should ever have to go through this and hope it never has to be again for anybody in the world. but all i can tell these families is we are here for you. we'll be here for you. when everybody is gone, when the news media is gone, and everybody has gone down the road, we will be here as a

community for you. we will see that you have what you need. but don't -- reach out to us if you 23450ed something and let us know. there is a close knit community. there will be people seeing these people, making sure that they are taking care of, their needs are taken care of. >> john: mr. mayor, you've never been one to mince words, we saw that the other day at governor greg abbott's press conference, but you also talk about the failure of the county, the state and federal officials when it comes to incidents like this. you said "everyone, every politician in washington and the state every time it is mental health, mental health, mental health. well, it's time to shut up and put your money where your mouth is." tell us more about that, mr. mayor. >> well, i mean, how many times do we hear that a shooter had mental health problems, he never got the -- he never got the help that he needed. he never got the, you know, they

dropped them off the face of the earth. nobody wants to pick up the tab to treat the mental health deal. mental health is real. and like i said, that's not the only factor. the gun played a role in it too, but what if we would have been able to help this child. what if some incident would have triggered somebody could have caught and we could have got him help and might could have avoided this. but the problem is we don't do anything. we have a mental health here, they evaluate you, ok, gone. we don't have any services in rural texas. you have to go to san anton or austin, they are 2, 2 and a half hours away and a lot of the families done have the ability to get there. it's time we talk about treating mental health, addressing the issue, and we need to quit talking about it. we give billions of dollars away to countries that don't even like us. we ought to take that money and invest in our own country and

build facilities. look at the homeless people in houston, austin, san antonio, all over the united states on the street that have problems and they are not getting any help from anybody. we just leave them. >> anita: i'm sorry, i didn't mean to interrupt you. such a good point you are making that people in your own community have to drive two hours away to a larger city to receive mental health services and counseling. i think do you think now maybe that will change? will there be some resources put into your community so that people can receive treatment right in their hometown? >> i'm hoping so. two years ago we started working right before covid started, the city donated 7.5 acres and we were trying to get a mental health hospital built in uvalde, because it would be the hub for 44 counties to come to uvalde and receive treatment. of course, you know, all of a sudden it was a go and then all of a sudden we were told we had to raise $26 million to build this facility.

we don't have that kind of money. so now we are going to go back out and start looking at can we build a smaller one or something, but rural texas lacks these services. this hospital in uvalde would be the first opportunity to service all these counties in our area, and hopefully we can get this hospital built and have the help these people need in our area and the surrounding area. >> john: mr. mayor we should point out as well, you have started the robb school memorial fund, if any of the folks at home would like to donate to your community, 200 east nopel street, uvalde, texas, and also zelle or online at the one star foundation. mr. mayor, the entire nation is praying for your city. we wish you god speed in trying to get through this tragedy.

>> thank you very much. we appreciate all the prayers and love that we are getting, and god bless you. >> john: we'll let you get back to work. thank you, mr. mayor. can't imagine what they are going through down there. >> anita: it is just unbelievable and you know, john, you know he knows so many personally in the town, been mayor there six years and it's a small town. i just think we should put the graphic up again on the screen. so many people across the country want to know how to help, they feel helpless, and great ways so you can feel you are making a difference. >> john: take a screen shot of that if you can, and if you can afford to, i know gas prices are high and food prices are high. but if you've got a little bit, whatever you can give. they can sure use it down there. well, there are other major stories impacting every american and high gas prices plaguing americans ahead of the hold weekend one of them. critics ramp up attacks on the

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>> john: kellyanne conway here to talk about the midterms and respond to some harsh words from her former boss. that's coming your way in three minutes. >> anita: before we do that, john. before we get to kellyanne, food to fuel, americans are paying more this memorial day weekend as record high inflation and surging gas prices make it more expensive to travel or spark up the grill. the president seems to be looking everywhere to find blame other than his own policies. fox business correspondent edward lawrence is live at the

white house with more on this. edward. >> yeah, and you said it. the president is blaming everyone and everything else for the inflation that we are seeing. in fact, in a statement today about the latest indicators that came out about inflation, the president passing the buck. he says in the statement this, my plan is to give the federal reserve the independence it needs to do its job, lower family costs and lower the federal deficit. last i checked he was trying to lower cost for families. inflation, 6.3% from a year ago, without food and energy prices, 4.9%, extremely elevated but down from last month. the cbo believes inflation may have peaked, however, this level is three times higher than what the federal reserve with like to see. the president leaving the white house this morning to go to the naval academy and will spend the night in delaware tonight. he took no questions but said this. >> over the past few years we have seen how interconnected the

world is. deadly pandemic has impacted not just our own schooling, but almost every aspect of our lives. impacts of the global supply chain causing significant inflation. >> consumer sentiment, how consumers are feeling at 58.4, that's a record low for president biden. you see the track there, now republican members of congress are blaming this president. >> when you have a leader who declares himself king, rules by fear, and day one declares war on american energy there are going to be casualties and unfortunately those casualties are the american people's dreams and their budgets. all for the sake of worshipping at the altar of the green new deal and you are seeing the manisfestation of it right now. >> try asking the white house, the new press secretary has had three press briefings at the

white house and not one of them was today. back to you. >> thank you very much, edward. >> john: bring in kellyanne conway, former counsel to president trump and "here's the deal," a little deeper on what ed lawrence was talking about. this idea of an incredible transition toward a new green energy economy is being part of the reason why gas prices are high and maybe that's not such a bad thing, according to the president. many people believe democrats are secretly cheering high gas prices because it will force people into things like electric vehicles. did biden say the quiet part out loud? >> kellyanne: no. they are just incompetent. let's not give him too much credit for the multi-dimensional game of chess on gas prices, and first he blamed putin even though the prices were high and

surging, and he did something under joe biden he never tried under trump. the white house tried to think it's a messaging problem when they have a fact problem. paying double and triple at the pump or they are not. and either denied baby formula their mothers are trying to find it, or they are not. china is contained or it's not. so people understand there's a rise in crime, drug overdose deaths, border insecurity and national insecurity, a lack of affordability for everyday consumeables and it's joe biden whose watch has happened on. but trump, but trump ethos and vomitous talking points by the left are on hallow ears. joe biden got elected a long time ago. in the white house 16, 17 months. i think the message from the white house today is let's go branding. they are trying to reconfigure something that we all know. this white house has a

fundamental problem. they want we americans to believe what they say and not what we see. we know what we see. people are paying more, more frustrated and associating with him. 70% say they prefer the government focus on the economy than coronavirus and you know darn well 100% of parents at these schools would prefer them to focus on school safety over coronavirus. >> john: sure, i got to check what you said at the top, i remember in 2000 i asked joe lock hart, are you doing this because of a bigger program to do this, this, this, and he said you are giving us far too much credit, we are screwing it up. the new book "here's the deal". you have drawn fire from your former boss, you said of the 2020 election, i may have been the first person donald trump trusted in his inner circle who told him that he had come up short this time.

he responded truth social, kellyanne conway never told me we lost the election, i would not have dealt with her, she would have been wrong. >> he's not in the oval office right now, joe biden is, the most regretable fact of the last two years. it breaks my heart, i certainly voted for donald trump, i wanted him to have a second term. he would have done a better jonathan what biden and harris are doing in the man-made disaster in the white house. but when they were going to certify the election, the legal team had not produced the evidence for them to be able to challenge that and i've been very clear in my book and previously and privately to him he had every right, every right to challenge the election results but i also told him unlike bush versus gore, they were playing whack a mole, they

were hearing crazy reports out of arizona, pennsylvania, wisconsin, georgia, no question there was impropriety, and that in pennsylvania people were keeping the polls open long past they should have, long past election day, the supreme court failed to take up the pennsylvania case, they should have. no question there were shenanigans and malfeasance. i have said to donald trump in front of a few people not long ago, i saw "rigged," and he said what did you think, and i said i am surprised you won mississippi. i've been very clear about how the 17% of americans and biden voters if they had known hunter biden's laptop was real and not "russia disinformation" they would have voted against biden

and for trump. and there were measures we have had more people voting in more ways than more time, those should in the be made permanent and i would say in the same "rigged" movie, about zuck bucks, president trump is in an interview with dave bossy and explains the forces against him and we lost, explains why, but uses those words. i did not use those words in the book, i said he came up short, it should not be controversial. it's a shame because mar-a-lago has had an advanced copy several weeks, it's tagged every time he's mentioned or the first lady, and somebodies were supposed to read it and telling him what was in it, but instead he has people in his ear and have not served him the way i have, and i'm comfortable the way i have served him over the years and made great history and accomplishments for the country. my admiration for him will not

change. >> john: i said out of all the trump books out there, i want to read. >> kellyanne: thank you, it's a great father's day gift, 400 pages. >> john: i spent four years at the white house talking to you. >> anita: the case against a former clinton campaign attorney is not even close to a close case. some of the last words the jury heard from prosecutors before michael sussmann's fate was left in their hands. we are live at the federal courthouse with what came out of today's closing arguments. >> john: plus we have jonathan turley standing by. he has raised serious questions about some of the jurors already. so, how does he think deliberations will go? that's just ahead.

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>> john: the fate of the clinton campaign attorney accused of lying to the feds now in the hands of a jury. jurors deliberating in the trial of michael sussmann. this after closing arguments wrapped up nearly two weeks of testimony and after sussmann himself declined to testify. jonathan turley in just a moment on the first courtroom test for john durham's investigation. but first, to david spunt here in washington with the latest. >> david: the government argued

not only did michael sussmann lie to the fbi, he gave the lie to the media hoping to run a story about donald trump before the election. michael sussmann charged, and james baker, he came to baker in 2016 and said he had information linking the trump organization to a russian bank with kremlin ties. special counsel durham says the lie is when sussmann told baker he was delivering information on his own, not on behalf of any clients, durham argues sussmann went on behalf of the clinton campaign and then gave the story to the media. september 18, 2016, sussmann texted baker, jim, it's michael sussmann. i have something time sensitive and sensitive, i need to discuss, do you have availability for a short meeting tomorrow, i'm coming on my own, not on behalf of a client or company. want to help the bureau, thanks. in closing arguments jurors saw

some of the billing evidence showing sussmann build the clinton campaign on the same day he met with the fbi. sussmann's team, john, says he did nothing wrong, he had a long working relationship with the fbi and would never lie to the bureau. jurors have to weigh several questions while they are deliberating. first one is was it false, and material to the investigation, and the other question, if he knowingly or willfully with the intention to break the law, the final question is was it made in the executive branch of the government, meaning the fbi, court will return on tuesday. >> john: david spunt, thank you. >> anita: more on that, jonathan turley, great to have you here this afternoon.

so the jury has the case. what do you think? prosecutor said in their closing arguments the evidence shows beyond a reasonable doubt that michael sussmann lied to the fbi about the information he passed along recording trump's alleged ties to a russian bank. do you think they made the case? >> john: i think they did. i don't think the defense made inroads for a lot of us obvious, sussmann said he was not representing a client, he was. he said he was just coming to the fbi as a private citizen, he wasn't. and this was all in an effort to push this rather bizarre theory into the fbi. the problem facing durham is he has perhaps the worst jury i've ever seen for a prosecutor, a prosecution team. three clinton donors on that jury, you've got a fourth who is an a.o.c. donor, one whose daughter is on a sports team with sussmann's daughter.

it's really quite breathtaking for the prosecutors in terms of this particular jury. the problem for the sussmann team, it's hard not to see the overwhelming evidence against their client. >> anita: yeah, it's funny how all those people ended up on the jury. but you know, i want to remind you i interviewed you last august about this trial when it came to light that john durham was moving forward with the grand jury investigation. at that time, i pulled the transcript today, you told me "this is a chilling moment for people in the beltway." you basically said people were shaking in their boots. so other than sussmann, other people at high levels shaking in their boots over this? >> i won't deny knowledge or memory of my prior statement, that would be consistent with the trial but that does sound accurate and that's what happened. this trial really did prove embarrassing. whatever may happen with this jury with sussmann, i think the

verdict is clear on the fbi for a lot of people. i tended to confirm the concerns that people had about the attitude of the fbi. we already saw that with the steele dossier, but here you've seen fbi officials showing a startling lack of scrutiny and saying that they were fired up to follow a theory that was almost like a tin foil hat conspiracy theory. even the researchers said smart people are going to see through this. >> anita: yeah, well, the jury, no matter if they come up with a decision today, we won't hear about it until tuesday at the earliest and no matter what the jury comes up with you mentioned to me before that john durham could be releasing an additional report and additional details we did not hear in trial could come out. i have to leave it there. thank you so much for your time, jonathan turley. >> john: always good to have john on.

memorial day weekend is upon us. far more important than the unofficial start to the summer season is paying respent to the men and women who made the ultimate sacrifice serving our nation. dover air force base in delaware, first stop home for those killed overseas, a daily reminder. >> as we remember those killed defending the nation, we went behind the scenes to see the heroes who greet them when they come home. >> dignified transfer of american's fallen. first stop for u.s. service members killed overseas when they return home is dover air force base in delaware. where their families wait, v.i.p.s gather, honor guard is called and the mortuary team prepare the bodies for burial. >> there is not another mission

like it in the military. >> major matthew knight is the senior chaplain at dover. he joined the military after 9/11. >> we want to ensure whenever our fallen come through here that they and their loved ones are shown dignity and respect. >> crystal seymour is a sergeant first class. >> i am an earn liaison officer. i will touch a multitude of families throughout the most tragic time. it's about living on through the work that you do. >> sometimes the families are in denial. >> i remember having a family who came and sat down with a small child and just refused to believe that their loved one had died. and when they saw his transfer case come off the aircraft suddenly emotional dam broke. >> the families are brought to fisher house which accomodates them while they wait for their loved one to land. >> there are toys here for the children that come here with their family members.

it just gives them a comfortable environment. >> the last americans to die in afghanistan landed here last august. 11 marines, a navy corpsman and a soldier, killed at abbey gate by a suicide bomber. families and u.s. dignitaries met them at dover. >> america makes a promise to us, should anything happen to us while we are serving we'll be brought home with honor. we don't leave our fallen behind. we always honor those who have honored america with their sacrifice. an those members of the u.s. military who serve to console the families of the fallen deserve to be remembered and honored this memorial day weekend as well. john. >> john: jen griffin for us at the pentagon. jen, thank you. after all the terrible news this week, one thing we are celebrating, our military and our nation. that is coming up next.

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covid shut down the annual affair, fleet week is floating back to new york city. a parade of ships marched up the hudson river. the event gave civilians a chance to say thank you. you can also tour the ships through memorial day. >> please keep in mind the series that preserve our freedoms. i'm john roberts. >> i'm anita vogel in for sandra. "the story" with trace starts right now. >> thank you. good afternoon, everybody. i'm trace gallagher in for martha maccallum. a contention press conference wrapping in uvalde, texas where the director was hammered with this question. we did police at the scene of tuesday's shooting not immediately breach the classroom door. >> yeah, from