joining us doug burns, former federal prosecutor.back for a second here and think about what is the purpose of this prosecution? >> yes. david: there is no direct restitution that i can see. >> right. david: a lot of people, individual investors and so forth will not be paid off. the people who caused the problem, a lot of them aren't even at the bank anymore and the folks being fined are actually stockholders. so what is the purpose of the prosecution? >> you are making a great point and i think lurking in your argument the idea this is sort of after the fact, going back, given the coloss al nature of so-called 08 mortgage meltdown of mortgage-backed securities. make it appear we're addressing the problem is the only answer i can cobble together because many of your points are good ones. a couple experts i talked to made great points, why take that much money out of the private sector, put it in the hands of the government? that is point one. why have criminal prosecutors with sort of threats lurking in the area of criminal prosecut

mercedes colon, doug burns, good to see you.d argument. >> thanks. >>> tomorrow, a chris wallace exclusive with louisiana governor bobby jindal and xavier about a certificate a and marsha blackburn on how obama care glitches should delay the mandate. . >>> meanwhile, american ally calling out the president after learning her phone was allegedly tapped. german chancellor angela america ellis sending over some of her people to have a talk with the president. is the obama administration national security strategy hurting our relationships abroad? >> we, like other nations, gather foreign intelligence because it is in our national security interests to do so. there are real threats out there against the american people and against our allies, including germany, including allies around europe and around the world. we also need to balance those security needs against the understandable privacy concerns that we all share. for fast, lo, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach

joining us, former federal prosecutor doug burns. thank you so much for being here. >> my pleasure. look at this case and say what in the world was cantor thinking about when it wanted to get into this business? the profit margin extremely low, but you open yourself to these kind of charges. >> absolutely. everybody who looked at this came with the exact same philosophy you did, why in the world would they go into gaming? it's an interesting animal, for lack of a better term, because it's legal in some places, and it's kind of hard, jurors very often, you know, it doesn't hit 'em as viscerally as, you know, murder and robbery and this and that. but the thing about gambling is the ancillary crimes that are associated with it. you have money laundering as you just mentioned at the outset, dealing extensively in cash which reeds to, big surprise -- leads to, big surprise, tax evasion. and then loan sharking because people need money quickly. societies founded on gambling for the ancillary stuff. but you're right, it was a surprising move. ashley: so in this case we have one person that

criminal defense attorney, doug burns. welcome. >> thank you. case is interesting for this reason, that he's a doctor. >> yes. jamie: and he knows about the medications. he knows about proper and lethal dosage. >> yep. jamie: and the question i have, doug, for you first, must this judge give a jury instruction to this jury and say, yes, he has knowledge, ability, perhaps motive, but consider him a non-doctor, like any person because it is prejudicial that he had that knowledge? >> that is an extremely interesting question. i'm not really sure. normally there is generic instructions that say look, everybody stands equally. put aside they have specialized knowledge. if you ask for that instruction you may get it. however, this case reminds me of the drew peterson case, because in drew peterson he was using specialized law enforcement knowledge ostensibly to get away with murder. here this jury will be very tuned in right away this guy was a medical professional using medical knowledge to do the same thing. i think your question highlights a key pa

. >> two terrific lawyers, doug burns, richard st. paul, good to see you. thanks for dropping by. >> very good discussion. >>> coming up, there is new information on the iran nuclear shutdown. the rogue nation could be a month away from building an atomic weapon. now our closest ally in the mideast region tells us how it will respond. and he is a rising star in the gop, but he has come under fire for his tactics in the fight against obamacare and the role it may have played in the recent government shutdown. now ted cruise is firing back and our political panel weighs in. that's coming up next. >>> new info on some international stories. we are following a series of attacks in iraq today. it leaves 56 people dead. a group of soldiers were killed and a string of car bombings were killed in baghdad. israel is warning of a possible preemptive strike on iran after a new report claims iran is close to producing weapons grade uranium and could build a nuclear bomb in less than a month. and syria had a nerve and agent program and it is part of an ambitious plan to

lis wiehl, fox news legal analyst, doug burns is also with us, a criminal defense attorney.g the bathtub into court, what's the purpose behind that? >> because there were two different stories that were told, at least two different stories. income neil tells the story about how he saw her and her face was over the side of the bathtub but that's not what the daughter and that's not what the neighbors and other people said that they saw, that she was still inside the bathtub so it's very important, her positioning. why would he be lying about her positioning in that bathtub? that leads to incriminating evidence against him and also, let's face it, just bringing the bathtub in which she died is a very moving symbol to bring into the courtroom. jon: there was also talk of the fact that the way the blood pooled in her body after death did not exactly line up with the story that he told about how he found her. >> well, that's the way they have to prove this case because in any trial lawyer is going to tell you this is not a slam dunk. you don't have the specific cause of death. bu

legal panel, former federal prosecutor fred tease is with us and -- fred tecce is with us, and doug burnsin just a moment. fred, it did take about five years before this man was charged with anything. how does that factor in? >> well, giving the overwhelming ed, it's not going to factor at all. look, this is a tragic case. a woman's dead, eight children lost their mother. but they teach you in law school about the presumptionover innocence? well, in this case this guy walks into court with what i call the presumption of guilt. any guy who's dating a woman named gypsy while his wife ends up in the bathtub dead having drowned is guilty. starts from ground zero and has to go upwards -- jenna: now, wait a minute, fred, hold on a second. besides gypsy, who we're seeing on the screen here, there were three medical examiners that took a look at the death, two with who worked for the state of utah and another that's a paid expert by the defense. we'll keep that in mind, but none of them found any sort of level in her system that would suggest that she was drugged and died. >> and you just walked

lis wiehl is joining us and doug burns, a criminal defense attorney.om the reporting, guys, but let's talk about the undercover cop. and there seems to be some question about whether or not the cops were participating or also undercover at the same time. here's one report. one off-duty police detective was among the motorcyclists. he says he couldn't really see what was happening and drove away from the situation when he saw that there was some sort of assault because he didn't want to blow his coffer as a cop. but according to david lee's reporting and others, the video that police have actually contradicts this and shows that he may have been the one to smash one of the windows of the suv. so, lis, i mean, what do you think about that? criminal charges against an off-duty police officer that could have been undercover? i mean, how do you sort through that? >> okay. let's go through a couple of things. off duty versus undercover. an off-duty cop has an absolute duty, if you will, to report, to get involved, to try to stop the crime even if they're off

doug burns, criminal defense attorney. both our guests. live happening right now in utah. the date of the wife's death and the date of the wife's funeral are important. there is gypsy on the stand, lis. >> right. jenna: gypsy says and what we've learned is that the date of the wife's funeral was used as her wedding date. >> exactly. jenna: in forged document that is the doctor used later on. that is one part that is going to come up in the testimony. does that prove though that he murdered his wife? >> well it certainly adds to the mix, doesn't it? the fact that she is creating a forged document, a marriage document on the day of the funeral says not just cold heart edness on the heart of mcneil but that this was planned and premeditated. the other part you just mentioned, there were 30 texts, jenna, 30 texts going back and forth between them on the day of funeral. not just cold-heartedness but premeditation of murder. jenna: doug, her name is gyp sir, can't make that up. the name of the mistress is gyp system every time i say it like really, that is her name. >> that's tr

lawmaker vs have been burning t midnight oil and talks of a government shut down. >> doug luzader isive for us with the latest. >> can these guys really hammer out an agreement? the talks are going to continue at the white house. seems as though the ice was thawing, we have a long way to go. house republicans less the white house after a negotiating session with the president say the broader part of an agreement was taking shape. they would raise the debt ceiling the president would agree negotiating budget terms that could lead to reopening the government. it sounded like things were on track. >> if they were to send a clean debt ceiling extension, no partisan strings attached he would sign it. >> but then problems if the president was willing to deal senate majority leader harry reid was not rejecting that stage plan outright. >> republicans were clear they wanted to renegotiate. >> that's not going to happen. >> are are we back to square one? republicans are hopeful something will work out. >> the president said he would go and consult with the administration folks and hopefully w

burning. i was in such pain. >>> a costly cup of joe after a customer spills it. watch ca >>> hello, i'm doug mckelway. a fox news exclusive, the pakistani doctor jailed after helping the u.s. bring down osama bin laden may get help from the pakistani prime minister. the breaking details and a live report at the top of the hour. right now in washington, people are gathering in protest on the national security agency surveillance program. conservatives and liberals are coming together to say stop watching us. we will have a live report on that. the obama administration goes on a major damage control over the health care .gov website. this as the president moves forward with immigration reform. we will talk with one border state government who says the president's approach is all wrong. arizona republican governor dan brewer and new mexico represent joins us. america's news headquarters is next. >>> mcdonalds in the hotseat over coffee this woman said came. suing for $2 million. she said a cup of joe passed to her fell into her lap and caused second-degree burns. it is two decades after a jury awarded an