>> joey jackson. great to see you on the case. this. >> ever since she's been a little girl, we would get ready to send her off to school. i always told her, just study hard and learn a lot. we love you. i don't get to do that for her anymore. >> so sad. this is a story you have yet to hear about a tornado that ripped through alabama and the 16-year-old girl who dies and the parents reveal the shock of losing their little girl. you'll hear a little bit more from them, next. [ female announcer ] lactaid milk is easy to digest. it's real milk full of calcium and vitamin d. and tastes simply delicious. for those of us with lactose intolerance... lactaid® milk. the original 100% lactose-free milk. >>> two dead, hundreds of others destroyed. that might be the headline you saw about the tornado that ripped through alabama this week. but there are also other stories behind the headlines, including one about a 16-year-old girl who simply fell asleep monday night and didn't wake up. >> she had such spirit, such life, and, i mean, she was s

joey jackson is on the case.first thing i saw when i saw this news come down is why wasn't he on suicide watch? >> yes, there could be civil liability. it is hard to feel sorry for him, and you look at what happened to the 7-year-old victim, and that is where the emphasis needs to be, hitting her over the head, and then throwing her body away like trash and then going out with your roommates to smoke pot, and party all night is gross conduct, but there could be some civil liability here, brooke, and you could have the municipality or the jail involved in a wrongful death suit, and the family could go after the negligence of the jail. not saying that is the case, but if somebody is to be on suicide watch, it is the jail's responsibility to protect him. so despite the actions, his family could come out here making money, and it is shameless. >> i won en dder if the family could do anything, because he was sentenced to life, so at least come out with that, but at least nothing will bring the girl back. >>> second ca

and now joining us tonight, is a criminal defense terry, fox news contributor and joey jackson, formerfavorite lawyers, all right, do you have to be able to speak english to run for office in the u.s. and does the judge have the right to take her off the ballot. >> yes. if you analyze it the way i want you to analyze it. they'll say it strict scrutiny and, we'll argue it was a rational basis and you need to look at it, whether it impedes the government in its functioning and i say she will not be an effective -- >> 90% of her constituents speak the language she is more proficient at. >> and what if the president of the united states wants to talk to -- >> he's a friend of justice scalia. a supreme court person, put it in proper terms, one requirement to run for office and get elected, the electorate that supports you votes for you. this is a democratic process. and irrespective, how you look, what you wear, how you speak, if the voters feel she is not speaking appropriately... don't vote for her, period. >> is there a degree of common sense in the democratic process and legislators sho

joey jackson, and dog burns. doug burns, good morning to both of you. pa rog georgipea prerogative. it's important to keep in mind that there is a notice requirement here, what is it? it's requirement that the inmate seeking clemency or a pardon push for 30 days in a newspaper that indication in the jurisdiction where they were convicted. this gives the public notice, if they want to come forward and contest it they can. there is also a requirement that the department of corrections serve 48 hour notice so that victims' families know that there will be this pardon. bill: you laid it out based on state law, doug, if you meet those requirements can the state do anything? >> this judge issued this opinion for exactly the reason joey laid out. he issues the preliminary injunction. he's got to find that there is a likelihood that they will succeed on the merits. what that means in simple language is there's a serious dispute as to whether or not the 30-day notice was given in a number of these instances. bill: doug, if it was not given initially is it just o

joey jackson. legal analyst, gentlemen, women, what a year. >> judge jeanine: happy new year and guys, coming in at number five. you may remember this video of a dea agent holding up a gun at an education course. it went horribly wrong though. >> take a look at this. >> and that i know of, and i was-- i'm going to laugh. so he shot himself and then the video was released publicly and he gets mocked. he sees the dea for releasing the tape of him shooting himself. all right. guys, was there a lawsuit here? >> joey, listen, i say no suit. no way. why? number one, can't sue your employer, governmental immunity. >> judge jeanine: why can't they sue? >> because they're the government. >> absolutely. immunity acatching and the mutilation lawsuit is going nowhere. it's based on fact. to himself. that's the key. the truth, they say the tape was doctored and put it out there to wreck his reputation, that's one thing number two, he doesn't own the tape. the government owns the tape. what are your his damages.

michael winkleman, maritime attorney, joey jackson an attorney with us often and mark murphy a travelt. all right, gentlemen. thanks for being with us. joey, the captain is in custody. might he face criminal charges? >> without question. you have people dead here people injured here and people who are missed. is wanted is accountability. as a result there will be a thorough investigation. in the investigation should they determine that he was negligence to the degree that people died he will in fact be prosecuted. there will also be the issue, judge, as to whether or not he abandoned ship. there is a saying a captain goes down with the ship and as a result of that you should be the last one off. in the event that the investigation reveals that he was negligence to the extent that people died and he abandoned ship before everyone else got off you can expect a prosecution. >> the whole idea of somebody abandoning ship is crazy. mark, what we have got here is we have a cruise ship, state of the art. $280 million. ten stories high. i mean the titanic was 100 years ago. how does this happe

michael winkleman, maritime attorney, joey jackson an attorney with us often and mark murphy a travelxpert. all right, gentlemen. thanks for being with us. joey, the captain is in custody. might he face criminal charges? >> without question. you have people dead here people injured here and people who are missed. is wanted is accountability. as a result there will be a thorough investigation. in the investigation should they determine that he was negligence to the degree that people died he will in fact be prosecuted. there will also be the issue, judge, as to whether or not he abandoned ship. there is a saying a captain goes down with the ship and as a result of that you should be the last one off. in the event that the investigation reveals that he was negligence to the extent that people died and he abandoned ship before everyone else got off you can expect a prosecution. >> the whole idea of somebody abandoning ship is crazy. mark, what we have got here is we have a cruise ship, state of the art. $280 million. ten stories high. i mean the titanic was 100 years ago. how does this h

megyn: joining me now mark eiglarsh and joey jackson. lot of attention but this is a big, big trial up in canada and it was about to go to the jury. now the courthouse is under a bomb threat. what is the prosecution's evidence that this wasn't a drowning and just a car accident as the defense contend? >> the evidence is overwhelming. on the scene where the car went into the water were pieces of the father defendant's headlight from his lexus and the damage to the front of his vehicle was consistent with the damage from the rear of the vehicle that went into the water. clearly indicating the father must have rammed the vehicle into the water. the father's own word in court when he testified and outside the courtroom were compelling. his words, if they come back to life 100 times, if i have a cleaver in my hand i will cut them in pieces. not once but 100 times. he was talking to his wife who also is on trial. they undressed in front of boys. he called his own daughter a whore and he would sh-word on their graves. megyn: joey in the prosecu

joining me now, criminal defense attorney joey jackson and mercedes colwin. an interesting defense it appears which is what? >> she may have had a psychotic episode. she had a history of insomnia and a history of severe migraine made aches. as a result of that she could black out and not remember legitimately what occurred. her keys are in the car. her cell phone tonight car, her bag is in the car. it wouldn't seem there was anything ill. she simply could not remember what occurred. i think we need to get to the root of the problem as opposed to prosecuting her. megyn: yet she has been charged with child abuse. she apparently told this story to police and they did not accept it. >> she was so detailed everything she did that morning. the fact that she put the kids in the car. drove to the gas station and suddenly has no recollection whatsoever. she wasn't disoriented which is why the officers said something very fishy about this. if she is going to claim she had some sort of episode, she couldn't be so clear with details she suddenly forgot about her children

let's bring in our legal panel, mercedes, joey jackson, former prosecutor. ericans are being filed in american courtrooms. there is a big problem with that, joey. i'll start with a case citation. 1991, supreme court decision, carnival cruise line versus shoot. >> absolutely. supreme court case and essentially with it says is a forum selection clause. it means when you enter into a contract, in this case, to go on a cruise, it limits -- a ticket what, it says is that it limits your ability to sue in a specific forum. >> gregg: here it's genoa, italy. >> if you're from the united states, what do you do? in that particular cakes the united states supreme court upheld it and it said that forum selection clauses are valid. >> gregg: binding. >> and they're binding burks in certain circumstances where they're unreasonable and it would create a burden on certain people to move forward, it could be undone. >> gregg: the burden here has got to be the litigants would have to travel over to italy. they'd have to testify, undue burden. >> right. as mercedes will get into

joey jackson a defense attorney and former prosecutor who says this lawsuit is nonsense.ws legal analyst who says she has a legitimate case. i can't believe that is your point of view, but if you want to embarrass yourself. >> thanks gregg. >> gregg: joey, you think is preposterous and abuse of the legal system, why? >> first we know what the officer did. let's talk about what the officer did not do. if you are going to claim stalking shouldn't we talk about a course of conduct designed to harass, humiliate, intimidate. the officer did one thing that was to leave her a note asking for her date. it would have been another matter had the officer went up and said if you date me i won't give you a ticket or if he -- not or if he went to her house, followed her, waited for her to come out, she said no and he continued to follow her, no such thing. this does not rise to the level of a lawsuit this is an abuse of our legal system. if this woman wants money and needs a loan have her talk to a best selling author. >> gregg: put up on the screen the note left on the windshield of h

joey jackson and mark eiglarsh. an italian court has held him and he's under house arrest.hether he should face manslaughter charges because we have 11 people who are dead and his refusal to get back onboard that ship is only half the story, mark. >> that's correct. he should face criminal charges. he intentionally chose to deviate from a fixed computerized setting and to show off and allegedly this $450 million ship to people onshore and his actions were and hoarnts. they didn't get a may day signal right away until after the evacuation began. the life boats were lowered on time. when they finally were the ship was to the side. so it wasn't as effective. his actions were abhorrent. to compare them, he is to navigation what conrad murray is to answer these yeah. he should be possible -- conrad murray is to anesthesia. megyn: the coast guard is telling him, take control, get back onboard that ship. let's listen to a little bit of it in italian. it's interesting to hear the tone and how an made they were. [speak in italian] megyn: that coast guard captain is not happy, joey.

joining me lis weihl and joey jackson.ot to charge her with anything and in fact there was a second accomplice to the intruder and he has been charged with first degree murder. >> the prosecution got this 100% right. an 18-year-old woman with her 3-month-old son had just lost her husband a week before to lung cancer. he had all these medications, drugs for lung cancer that were in the house. she thought she had been burgized before, probably by this buy. this guy knew her husband and had come the day of the funeral to the home and said tried to get them then. she knew who this guy was. the time that they came, she shot him dead he had a 12-inch knife, megyn. when entered her home. law in oklahoma says yes you shoot him dead. she is in the right. for the accomplice it's called felony murder. you go into something like that where a murder happens, you are responsible for that murder. it was a burglary. megyn: joey, if you are the defense attorney hired now -- i don't know -- if you are representing the family of the dead guy

let's bring in our legal panel, mercedes colwin, and joey jackson, and, former prosecutor.the year with ladies first, mercedes. this first lawsuit was a total runaway winner, getting 54% of the votes, on-line. it happens in kansas. a guy, jesse, he kidnaps the newlyweds, jared and linda rowley, the couple is suing him, that is understandable. but, then, the kidnapper, counter sues, claiming that the rowleys breached an oral contract to hide him, resulting in him being shot by police. all right, what do you think of that, mercedes? >> i had to stop myself from laughing. happy new year, first of all, gregg, great to be on the show with you and joey but i was -- it was amissing, what he said is, hey they said they would hide me and it didn't matter i burst into their home and had a knife and, although he doesn't admit that, but threatened them and he was on the run from the authorities, for allegations for murder and something we have this oral contract as we're sitting back and chatting, and they said they would hide me from the police and suddenly the police burst in and sho

joining me, joey jackson and criminal defense attorney and former prosecutor.ormer prosecutor but co-host of "the five" on here on f -- fnc. they always do this. they talk about the judiciaries. sometimes they talk about federal pay for judges. he devoted whole thing to defending judges, the supreme court justice when it comes to the issue of recusal. no one is saying it outright, joey, it seems clear he is coming to the defense of kagan and thomas we don't know for sure right now but does not like either one will step down from deciding this case? >> doesn't look that way. if you think he is coming to the their defense, megyn, he absolutely is. as a first matter we all know they have a lifetime tenure. as a result of that they are immune from political pressure. they don't have to worry about it. sit on the bench. it is all good. however when it comes to something that everyone is vested in like this health care law people have legitimate concerns. what are they? on the left you have the left arguing that you know what? clarence thomas's wife, his wife has bee