>> harris: we have breaking news now. as we start out with "outnumbered" now. breaking news because there is a verdict now in the assessment trial. that's the first trial of john durham's investigation into how it all started. the russia collusion hoax movement against former president trump. what we have found out, now,

he's not guilty. remember what he was accused of. he was accused of lying to the fbi, about who he was working for and who he was working for, hillary clinton. we want to get to our reporter. david, this trial was as taking a look at not just the fact that he lied but whether or not he can bring into focus anything else that's going on. once it was found out that he was working for hillary clinton, what else didn't we know? >> reporter: harris, exactly what this lie material to the fbi's investigation. that's something that jurors had to find out. apparently, they think that he did not lie to the fbi or may be it wasn't material. i'm getting texts from our justice resource who was inside the building. michael sussmann indicted.

not guilty for a charge of lying to the fbi. harris, to give everyone a back story, we've been reporting this for about two weeks. michael sussmann was a clinton campaign attorney in september 2016. he texted the fbi general counsel, james baker, who was a friend of his, on a sunday night on his personal phone. he said he had information he wanted to meet with baker as soon as possible at fbi headquarters. the next day on september 19, 2016, michael sussmann walked down the street here in washington, into the fbi headquarters and met with james baker. in that meeting, he relaid information about an alleged secret back channel between the trump organization and a russian bank called alpha bank had ties to the kremlin. the questions none of the allegations were true. the fbi investigated everyone. they were debunked.

the question, did michael sussmann lie. in the text message he told james baker, he was coming in on behalf of himself as a concerned citizen, not on behalf of a client, for example the hillary clinton campaign. the question is, what did he say to james baker when they met. james baker didn't take notes. michael sussmann did not take notes. he has three hours billed to the clinton campaign from michael sussmann. that specific day he met the fbi. jurors thought that evidence was not strong enough. we spoken to legal experts, all on fox news who said they would not be shocked if michael sussmann was acquitted because he has a d.c. jury. >> harris: quickly, what is the status now?

you got james baker who had no notes and inconsistent memory? i wonder what next steps really look like at this point? >> reporter: the over all durham investigation began in 2019. john durham, at the time, he was u.s. attorney in connecticut. he resigned a year later. he's been investigating the origins of this entire trump russian narrative, where did it start and who started it. we know it turned out to be false the narrative. in 2020, john durham charged an fbi attorney by the name of kevin kleinsmith for altering a fisa warrant to be able to do surveillance on a trump campaign. a carter paige. kevin kleinsmith bleeded guilty to -- pleaded guilty. this was the first trial, harris, in three years of the

john durham. this was the first trial, michael sussmann will walk out of here a free man, not guilty. now we look forward to the case in october. a russian national that was charged with five counts of lying to the fbi. michael sussmann charged with one count of lying to the fbi. igor is charged with to lying to the fbi on the steele dossier. the documents that were aimed taking down donald trump. again, all turned out to be bogus. this is clearly a loss for special counsel john durham. not a good day for his investigation. at the end, special counsel john durham team saying they can paint the picture the highest level of the hillary clinton campaign were involved in an effort to take down donald trump's campaign with bogus information. >> harris: if nothing else comes

away from all of this, you can't erase what we now know about that. you can't take that fact away. so october is part of the next step. i want to bring in now my cohost emily compagno. you were asked questions about the president and words like collusion and conspiracy and all sorts of things. ifs no else, we have learned how tight the connections were between the people leading the fbi investigation and the hillary clinton campaign. >> right, on november 8, 2016 the american people made a decision. they decided to make president donald j. trump president of the united states. for three years, harris, we would vent about this at the

campaign and vent about this in the white house. for three years we told that the choice of the american people was an russian asset, the president of the united states a russian asset. all to be found by robert mueller that there was no collusion. at the core of that, harris, was this michael sussmann interaction with the fbi. he's on the clinton payroll. he's getting paid as a lawyer. he goes into the fbi. hillary clinton, we learned through this trial through robby mook, her campaign manager, she green lighted this information, despite not having the expertise to assess it. it was given the -- [ indiscernible ] being true. because of an fbi investigation into president trump. as a center of that was this sussmann meeting. michael sussmann, the prosecutor in this case argued that he wanted a october surprise. that was at the heart of his intentions. it doesn't appear that the jury

bought that. the d.c. jury pool, this is an area of the country where 76% of people in the district of columbia registered democrat. this was a jury pool, of those 37 jurors there were many clinton supporters who said they donated to the clinton campaign. some individuals weren't chosennen. a third of that jury pool had strong feelings about the election and prosecutors were frustrated that they would not get a fair shake here. i think this does raise questions on how fair a shake you will be given in d.c. with a jury pool that does goes in one direction. >> harris: i want to get this breaking news in now. we are learning that michael sussmann is set to give a

statement. we have not been clear on the timing. we expect in a short while to hear from michael sussmann with timing. what would you think, emily, that he might say? again, this doesn't wipe away whether or not what we know about him was pertinent to the case. he was still working for hillary clinton. messages were changing hands through him to the fbi. >> emily: if i was his attorney, i would advise his statement to be one of a blanket, this affirms what i've been telling you all along. which is that i did not lie to the fbi, etcetera. general vague statement. i like to focus on something that david said when he called out that this jury's acquittal could mean that they ascertained that he did not lie to the fbi or that lie wasn't material. it's important to lay that against the backdrop just about two and a half hours ago when jury asking a question, they say

do the prosecution need to meet all the elements of of charge in order to get a guilty verdict. that goes to this argument of evidence. this is ongoing conversation we've been having where the amount of evidence of this specific charge is or the of minimal. notwithstanding her point about the heavily skewed democratic jury, the bottom line is that it was a he said conversation where there were no notes. all we have is a three hour building window but a 30 minute conversation. i'm not surprised with this acquittal based on that specific charge and the evidence surrounding it. what viewers need to understand, this probably raises some questions about the legal strength of special counsel durham's overall probe. this is, again, against the landscape what we learned from this. what robert mook testified about hillary clinton's blessing and

furthering the dissemination of this defunked narrative. that's the bigger picture. notwithstanding the acquittal of this small charge, is the surrounding information that now has become quite public, even though it's not been amplified by the mainstream media. >> harris: i want to bring this in the conversation. some of the reporting has said that during the two weeks of testimony, prosecutors argued the case is about a broader scheme by the clinton loyalists to use the fbi. that makes it sound more decidedly political. while that is great fact gathering, emily, what's your take on that? is that part of why you say some of the legality maybe shakier than 30 minutes ago?

>> emily: it goes into that ethical realm that we've been discussing. which sometimes that is not illegal or legal. it's frankly, totally unethical. it doesn't sit well with our conscious. to your point, what we have been diving into, it doesn't sit with them. what will be the charge of a lie? i think the ramifications are really important. that's what get into the politics and that fine line between the political damage as kayleigh, said for three years. when a film opponent was hailed as a russian asset now known to be totally false. what's the accountability for that? what's the charge? that's something that will remain to be seen. with these uncovered information that we've been talking about, especially with hillary clinton's role, i see future indictments. i see future developments of actual charges. >> harris: yeah. kennedy, let's get into the

politics of that. from what i read you guys, if all of this is true and hillary clinton was looking for a last minute way to kind of take out trump politically, what happened to the policies? what happened to the woman who was in the white house with her husband for eight years? this would have been so beyond the pail of options, i would think for a democrat at that point. >> someone with her resume, she wasn't only a former first lady. she was a united states senator and secretary of state. she had arguably one of the most impressive potential presidential resumes of anyone in the modern era. that wasn't enough with her resume, background and family connections. it was not resonating with voters. they had questions about her competence and about her health. there was the fact that people

didn't like her. she was alienating half the country by calling them deplorable. this was a hail mary that she was trying to throw with the help of the fbi and then, manufacturing a scandal, feeding it to the media and then retweeting the media story that she scooped them. it's disgusting. may be people who live in d.c. presented with this evidence, feel that some of the dwellers there are just so gross, that this doesn't rise to the level of guilt. >> to go back to kelly's point. donald trump got 5.4% of the vote in washington d.c. in 2020.

the fact that this jury was going to be sympathetic and friendly to hillary clinton's campaign lawyer, is not surprising. especially when that jury had clinton donors on it. i'm telling you, our faith in institutions just took another big hit. this is a whole bowl of wrong. very frustrating to see, you have a man who peddled a lie. a lie that he was going there as a concerned citizen. then he turns the clinton campaign for that visit to his friend james baker. what else do you need? this jury was pretty dispositioned to have not guilty verdict. another black eye for the justice system. >> harris: we'll move on. damaging new report suggest president biden is growing frustrated over his aides issuing explanations over his statement. oh my goodness, what will we do if we didn't have those. the latest comment causing confusion in the forthcoming

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>> damaging new report out that president biden is growing frustrated with his staff in the white house, and their effort to rush to explain something that the president has said, the president worries so called cleanup campaign, makes him look weak. the white house has walked back self-of the -- several the president's statements. next comments are the remarks he made yesterday about gun control. biden suggested banning one of the most common and widely used handguns. his reasoning included questionable claims about bullets as well as the second amendment. >> 22 caliber bullets will lodge

in a lung. we can probably get it out to save a life. a 9-millimeter bullet blows the lung out of the body. the idea these high caliber weapons, there's no rational places for it in terms of hunting. the constitution and second amendment is never absolute. you couldn't buy a cannon when the second amendment was banned. >> this is from foxnews.com. here's the implication, according to the atf firearms manufacturing and export report, pistols presold -- making up about 42% of pistols produced between 2010 and 2020.

in other words, his assertion will be banning handguns of some sort. i don't think what he intended to say. there may be another cleanup by the staff. we'll find out in the briefing. >> we're going to move it -- [ indiscernible ] let's give aisle six credit. the president is frustrated that his communications team behind the scenes are undermining him and doing cleanups. he's the commander in chief, when i say something i mean it. you are not to clarify something that needs clarification. there needs to be some accountability, by the way. given that this president is polling at -- the economy in the 30s and his handling of that, 20s on inflation and low 20s on handling of the border. somebody got to go.

that's chief of staff. he's like a baseball manager for team that's 30-71. this failed messaging, these failed policy proposals are not going. we have to change the team around us now. whatever we've been doing, it's not working. >> to that end, emily, nbc reporting that ron klain will likely be out after the midterms. there was really this eye-opening assertion buried in half way of the piece. beyond policy, beyond is unhappy about a pattern developed inside the west wing. he makes a statement, only to have aides rush to explain that he meant something else. he told advisors the cleanup campaign undermines him. the white house denies.

if biden is frustrated with his aides continue to clean up what he says, i don't blame him. i didn't run around cleaning up trump statements when he would say something. he was the commander in chief. >> the fallacy here with this statement, he thinks he's been clear and concise to begin with. this is like a 500-pound person putting on a sweatshirt. it's not the sweatshirt, buddy. it's not the cleanups. it's what comes out of your mouth to begin with. it's absolute hogwash. the fact that he thinks the issue is the cleanup campaign, he should be thanking them. i hear what you're saying, if he wants to say, no, the jargon that i say t , stands, so be it. the ancillary point that it's feeding the republican talking points. the writing is on the wall. i'm the one that's speaking the

word salad. i don't think we need their cleanup campaign to show that he's not fully in command. >> on the other hand, these gaffes have deeply serious foreign policy implications. >> ukraine will never be evicted from russia, for god sake, this man cannot remain in power. >> are you willing to get involved, militarily to defend taiwan if it comes to that? >> yes. >> you are? >> that's the commitment we made. russia will be held accountable. if it invades. it depends on what it does. it's one thing if it's a minor incursion and we end up having to fight about what to do and not do. if they do what they are capable of doing, it is going to be a

disaster for russia. >> harris: when you listen to that, sad part is, it's got crescendo to it. we started with ukraine can never be victimmed from russia all the way up to encouraging russia to invade ukraine. at least he knows which country is invading which. we went full circle there. that is the sign of confusion. i'm sure that it's not leadership. if it's confusing to us, can you imagine trying to clean up -- i don't think it's aisle 5 and 6, i think it's the whole store. can you imagine if you're tasked to doing that? there's going to be friction behind the scenes. i don't care about that. i want to know what the truth is. the unfortunate part of all of this is, we don't know what joe biden means and what he doesn't mean. he said that bit about defending taiwan many times. three now that we would go to war for them if china moves in.

which one was the cleanup mistake? which one was the lie? and which one was the truth? we have enough there now to begin to ask those questions. that's really important, because ron klain is all that changes. don't know. i want to know who's writing the card. we have it today with the new zealand prime minster, made no sense. somewhere in there was a bit of truth. that's the question for us now. let's find the truth. >> kennedy, we have about 30 seconds. >> i don't need that long. if he's driven with a grandparent and they keep their leffert turn -- left turn signal on, that's what we're dealing with. he's oh -- he is the one in

power. that's what's scary. he's not all there. he's got full control of the dashboard. that should give everyone pause. it goes to show you why the vice president is even less popular than he is. >> 14 minutes. not for the turn signal. coming up, new disturbing video showing how bold the bad guys have become.

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about you guess it, surging violence. thankfully, no one was hurt. in new york city a man dressed in black with his face covered stabbed a stranger during a random street attack in broad daylight. these stories are tip of the iceberg. we have really disturbing video that we'll show of a woman on a subway, mouthing, please help me to fellow computers. she is being dragged around by her hair. no one helped. this has become the norm. >> people are terrified to intervene. they should. there's strength in numbers. when someone like that is assaulting a person, yes, everyone should get together and overpower the guy. this is awful. but also, it takes 20 minutes police to show up to something like this. people watch videos like this,

they want self-protection. they know there are evil people out there. they want to make sure they can protect themselves or their families, if god forbid something like this happens. it's hourly in these big cities like chicago and new york, san francisco, seattle, portland. felony assault have gone up. rape has gone up. shootings have gone up. it's a really scary world. there's so much brazenness in many of these crimes. >> she brings up chicago. that's the state with some of the toughest gun laws in the country. this weekend at least 43 people were shot 8 fatally. >> amazing. it barely makes national headlines, we accept it as the new normal. kennedy used the right word. brazenness. these thing happening in broad daylight. some people on that subway is to

grab their iphone to film it to put it up on facebook. do something instead of filming it. it's frustrating. the numbers are the numbers. the fbi reported that murders in this country last year, 25-year high, nearly 20,000 people murdered. homicide record in 16 countries, all of them run by democrats. people have to say enough is enough. regime change has to happen. >> kayleigh, in the wake of the uvalde shooting there's a nationwide conversation on restrictions on gun laws. many of these are recidivist. they involve repeat offenders. they will be undeterred by something of a red flag law or heightened restrictions. >> we know many of weapons they use are obtained illegally. emily, i want to ask the question, what has president biden done to stop the images you're watching on your screen? you and i both know, the police

power, rests with the state. it's the state and the locality that make sure that the citizenry is safe. blue state have not done that. even so, i worked for a president who said, we know it is the power of the state and locality to stop this. what can i do? what federal assets can i do to help this problem? we did that at the federal government. what has president biden done? i know his power is limited here. there's something you can do in a trump administration proved that. >> the frightening conclusion these attacks is not a matter of if it will happen, it's a matter of when. coming up how the media is

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>> harris: house speaker nancy pelosi's husband is pushing after his drunk driving arrest over the holiday weekend. it was saturday night, paul pelosi left a dinner party and was involved in a crash. pelosi was charged with two misdemeanors including driving while having a blood alcohol level of .08. pelosi spokesman says the reports about his arrest are incorrect. meanwhile, this is how "newsweek" is framing the arrest. maga republicans pounced after nancy pelosi's husband arrested for dui. kayleigh? >> yeah, maga republicans, right? they are responsible here, not the fact that he drank too much

alcohol, got in a crash and endangered the lives of others and arrested on two misdemeanor charges. it's the maga republicans. this is absurd. it's expected. also this is total unavoidable. they have wealth of money. you could have done something here. paul pelosi, allegedly, put lot of lives in danger. at least the ones involved in the crash. thankfully all were okay. >> harris: there's paul, pelosi and there's privilege. >> you are right to point that out. paul pelosi, through his spokesperson saying, if there's another paul pelosi arrested for someone else a while back, it wasn't him. therefore, some of these reports are false. i can't figure out if he's denying that he was boozed up and gotten in a porsha and ran

the stop sign and got t-boned by another car that thankfully, had uninjured passengers. just take responsibility. just say you did something stupid. you will never do it again. that's how you handle it. >> harris: joe, look, long lived the -- you're 82. with their kind of money, seriously, a whole limo company could have shown up and pick the limo you want to get into. >> let's talk about they are worth, more than $110 million. get a lyft or hire a guy named max to be your driver. you're 82 years old. spend couple of bucks. protect yourself and others if

you had too much at dinner. >> harris: some of the ands maybe too young to remember the heart-to-heart. >> my favorite will be argyle from "die hard" there's no excuse for him drunk driving. there's no excuse for him not taking responsibility. i find that does peel back the layers, prove that he is a man of weak, character like so many in his party. including his wife. the two points he is arguing are regarding a prior offense and the timing of the report. the two misdemeanors are that he's driving under the influence and the .08 specified b.a.c. level. this guy blasted through a stop sign and crossed a highway. there was another passenger in the car with that other driver. he is absolutely lucky that no one was injured. i find it insult to injury that he's blaming the gop for his

failure of character and behavior. >> harris: well, the hit job that republicans may end up doing to democrats in november, may have his wife out. since she says if they lose in a wave, she's not running again. put a leash on them. coming up, "top gun" is back. record-breaking sequel. we'll show you next. veteran homeowners. skyrocketing home prices are breaking records. now is the time to turn your home equity into cash. you can get at least 25% more cash at newday than you get at a bank. 25% more cash to make home improvements. 25% more cash to pay bills. 25% more cash for retirement. call now and get an average of $60,000.

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>> at the top of the hour, president biden will be holding a rare oval office meeting with federal reserve chair jerome powell. we expect to hear from the president at the top of that meeting. when it's under way, we'll bring that to you. as the president deploys his team to talk about its plan to fix this economy, senior advisor to the president will be our guest. he'll join us live. today marks one week since the horrific school shooting in texas. first responders are coming under the microcsope. come join john and me as we kick

off day one in a brand new studio. we'll see you top of the hour. >> "top gun" is back with a blockbuster sequel. its most daring stunt is may be how the movie is standing up to chain in -- china. in the classic, maverick wears a jacket featuring the japanese and taiwanese flag. when the sequel came out, the flag had been mysteriously removed about. what critics believe was about the chinese censorship. when the film was released this week, the flags was restored with one scene even featuring a close-up shot. emily, i know you saw this movie this weekend. so did i. i was playing every hour and nearly every hour show was sold out. one attendant say people were leaving to get tickets.

this is pro america, pro military. showing the unbelievable talent of the "top gun." this is refreshing. >> emily: it's such a breath of fresh air. unapologetically american, celebrating what makes us great. it was amazing. i don't want to give any spoilers. i encourage all of you, if you haven't seen it to see it in the big theater where it belongs. i think to the patch point, there was a film critic in hong kong who said this is unprecedented. he said never film studio have never been shy about pandering to the chinese market. this is an indicator that times are changing. i'm here for it 100%. >> kennedy, that's a bold move. an expensive move. they didn't have the patches in the preview, they added them back, stood up to china. good for this film?

>> it would have been an insult to american audiences if they took the patches off of pete mitchell's dad jacket. he fought bravely. we need to show that and finally, the nba will not do it. someone is standing up to communism censorship. >> there was no agenda, normally you go to the movies you were slapped in the face with liberalism. this was let's celebrate our country together. >> harris: there was an agenda. top cruise does not age. how does he do that? i haven't seen it yet. i can't wait to see it. i agree, i won't see it anywhere eexcept -- except in the theater. i remember the first one, then playing it on 95 channels and netflix all weekend long. i saw it a few times. when you listen to it and watch it on a bigger screen, your heart just stops.

i think it's great. top cruise doesn't age. >> memorial day box always hit. it's the highest grossing film for memorial day weekend. >> $160 million at the box office. blew everything away. look, when did "risky business" come out? this guy is like everybody on this panel. nobody ages. what's the secret? tom cruise turns 60 on july 3rd. we'll do action movie in his 70s while looking 40. he's a american treasure. >> harris: my make-up artist is tired. we know it's not a secret. >> that is not true. [ laughter ] you always look beautiful. hollywood, take notice, celebrate america, celebrate our military. bring us together. celebrate patriotism. you will be rewarded. more "outnumbered" in a moment.

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>> there are just some things you cannot make up. a man threw a cake at the mona lisa, it's protected by glass, bizarre far left protests. actor james cromwell glued himself to a starbucks counter, and animal rights activist tried to super glue her hand to the basketball court at a minnesota timberwolves game last month. joe, the glue was not strong enough, they picked her up and carried her out. >> yeah, i can't get my head around the mona lisa story, who throws a shoe during a fight, that's one question and who

throws cake at a painting. talk it up into nothing is sacred or out of bounds and i saw it at the louvre in 2009, and i cannot get over how darn small the thing is. my kids drew bigger pictures in elementary school. >> i felt the same way, it's so small. security guards are hailed for their quick response, i did not see the tackle i wanted to be. to joe's point about the sacred nature of art and the irreverence they have for something that is important culturally and no amount of communication that he was imparting to the world we have not heard before with him smearing cake on the plastic over the mona lisa. >> think of getting a shower, a lot of these people, a lot of these activists, stanky, and

james cromwell, that will do, pig. give me my dairy. >> there was an acid attack on the mona lisa that damaged previously, thankfully it was protected. >> everyone, thank you for watching and here is "america reports." >> john: emily, thank you. fox news alert, one week since the tragedy at a uvalde, texas elementary school where a teen gunman went on a cold-blooded shooting rampage killing 19 students and two teachers. >> sandra: and bill daly will join us live with his expert take what to expect from the doj review how the officers responded to the mass shooting. >> john: begin