tv The Real Story With Gretchen Carlson FOX News July 28, 2015 11:00am-12:01pm PDT
you always wanted a pair of converse. >> i was a horrible basketball player probably because i didn't have chucks. >> probably part of it. >> thanks for joining us. >> the real story with gretchen starts now. >> thanks a lot. surprising deal for a prison worker accused of having sex with inmates and helping them escape. speaker boehner calling for hillary clinton to come clean and not one reporter asks her about it today. we'll break down the ever-changing e-mail controversy. and exclusive information in the search for the two teenage boys search ss missing off the coast of florida. hi everyone. "the real story" starts right now. that prison worker pleading guilty to helping two convicted killers escape from a maximum security prison.
she's joyce mitchell and faces two and a half to seven years in prison for promoting prison contraband and another year for criminal solicitation. mitchell admitted to providing them with the hacksaw blade, chisel and other tools used to break out of the new york prison last month. rick levinthal live at the courthouse. what was her demeanor in court today? i think we have lost the satellite now unfortunately of our own rick there. you can see the video of joyce mitchell with her head down coming out of the truck to come in. she decided to plead guilty. she could face between two and a half to seven years in prison. ironically now -- is rick back with us? no. he's not. ironically she's not going to face any sex charges though she admitted to having sex with at least one of the inmates.
we're going to break it down for you legally coming up. all right. in other news more witnesses expected to take the stand in the penalty phase of colorado movie massacre trial. expected to testify today the parents of convicted gunman james holmes. there is word that we could hear from holmes himself as early as today. monday his sister choking back tears, talking about her childhood, asking jurors to spare her brother's life. hopefully we'll keep this satellite up.alicia it seem it is defense is doing its best to humanize their client. >> reporter: that's right. the question is what do jurors think of this portrayal of the man who they convicted as having a leave it to beaver ozzie & harriet type of existence as a child. since sentencing began we have heard from friends, family and neighbors of james holmes. here is his second grade
teacher. the second grade teacher explained to the jury that james was friendly considerate and playful. all of the other children wanted to play with jimmy. a lot of people testifying for the defense have referred to this nice kid who fwru into a polite teenager and college buddy. here's the defense and then prosecution as a friend describes holmes's personality. >> would you call him a sweet and gentle guy? >> i think you could use those words to describe him, yes. >> did you know during the time you knew this guy he had a long standing hatred of man kind. >> objection. argumentative argumentative. >> over ruled. >> i didn't know. >> for the testimony of the shooter's childhood the jury may be thinking of this child. veronica sullivan 6 years old, shot four times and killed at the movies. the defense is trying to save their cliend's life and the jury
could begin deliberations thursday. >> that's an interesting juxtaposition there. i understand his sister broke down on the stand. what happened? >> that's right. james holmes younger sister did break town when explaining she still los her brother and is here to support him. >> everything you know about your brother, were you shocked? >> yes. >> is it completely out of the blue for you? >> yes. >> completely out of character for him? >> i thought so. >> defense attorneys said to plan on hearing from james holmes's parents today. at some point the judge will ask holmes if he plans to testify in his own defense basically, and try to save his own life. >> it will be interesting to see if he takes the stand. thank you. new court action for francisco sanchez, the illegal immigrant convicted of seven
felonies and deported fife times before admitting to fatally shooting kate steinley as she walked across a san francisco pier with her dad. her murder shining a spotlight on sanctuary cities like san francisco because it released sanchez despite a request from the feds to keep him detained. the house took action against is it cities blocking federal crime fighting funds for them. joining me now judge andrew
napalitano. this passes and goes to the senate. the president has been vocal. he'll veto it. >> you will know the degree of interest the senators have by the manner in which it gets to the president. if it's a free standing piece of legislation for cities that refuse to enforce federal law, we are going to pull the money we send them. congress can attach strings to spending power so long as the strings don't violate a claus of the constitution. if it is a fre standing piece of legislation the president will veto it. if it's in legislation he must have he'll have a quandary. we don't know in what form it will get there. if he vetoes it as part of a larger package or as free standing legislation this will continue to go on in these cities, one of which we are seated right here and now will continue. >> there are some 200 cities across the country -- >> right. >> a lot of people are wondering, myself included, how did this start and are there any other ramifyications or repercussions for the cities to continue acting as sanctuary cities? >> the process started a long time ago going back to the 1820s. the federal government assessed the states. you have a port. charleston in south carolina. you will collect x dollars in tariffs and remit them to washington, d.c. but if the people in charleston
didn't like that tariff they just wouldn't collect it. fast forward to the fugitive slave era. if you capture a fugitive slave in the north you were to return them to the slave owner in the south. many cities in the north refused to obey the law and were sanctuaries for slaves. there were slaves all over that are sanctuaries for the pro marijuana movement. it's against state and federal law. they don't enforce it. there is a history of federal resistance that essentially is uninterfered with by the federal government unless you get to a calamity like the civil war. >> sanctuary cities have changed what they are supposed to be. that doesn't change anything. in essence you're saying if the president vetoes this it's done. >> without amending the constitution and without using brute force or without a new president which is obviously going to happen one way or another in 18 months. it is difficult to interfere
with this unless you can use the power of the purse to stop it. >> interesting. tools including a chisel and hacksaw blade inside cardboard and frozen ground beef to matt and sweat who used them to cut their way out of the clinton correctional facility on june 6. mitchell will be sentenced september 28 to two and a third to seven years in prison and will pay $6,000 in fines and other fees and will surrender her teaching certificate.
her attorney said they took the deal because of the evidence against her. they were fearful of more charges including conspiracy to kill her husband and rape or sexual assault charges connected to her alleged relationships with both men. >> is that over with? definitely. we are ready to proceed with whatever charges we had for a grand jury in trial if necessary. >> the d.a. said they made another offer to corrections officer gene palmer. he rejected that. the case goes to a grand jury next month. >> joyce mitchell's husband lyle was there. how did he react? >> he was sitting two seats away from me in the front row of the courtroom. when the journalist asked him a question he said i have nothing to say, don't bother me. i have had enough of your lies. you don't print the truth. don't bother me. i offered him a chance to set
the record straight. he looked at me and said well i have been through enough and because of work i cannot say nothing to nobody. his wife's attorney said mitchell is standing behind his wife. he doesn't believe the allegations that she was plotting to murder him. that attorney said mitchell is depressed, anxious and remorseful. there is no question she's sorry. she got in over her head and realizes she made a horrible mistake. she'll do at least two and a third years in prison. probably no more than four and two-thirds years in prison. >> very interesting. rick thank you very much. our legal panel will weigh in whether joyce mitchell is getting a good deal pleading guilty. plus we'll have this. police searching for the suspects after a young man is viciously attacked on his way home from a celebration. the entire incident right there on your screen captured on video. we'll be right back.
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welcome back. london police are releasing video hoping to find the suspects in what they call an unprovoked and cowardly attack. 29-year-old victim here on his way home after attending a friend's wedding. you can see he's approached by a group of about ten men on tower bridge. one of the men beats the victim on the head forcing him to the ground. then the other suspects jump in and start kicking him. police describe the suspects as mid teens to 20s and are of south asian descent. the victim is recovering with cuts and bruises. now back to a prison worker helping two murderers escape accepting a plea teal today. joyce mitchell pleading guilty to one count of providing
contraband contraband. she was able to avoid any additional charges for promoting prison contraband conspiracy to commit the murder of her husband lyle mitchell and any sexually related charges. criminal defense attorney and former prosecutor tom kniff is here to break it down. why do you think she accepted the deal? >> it's the carrot and the stick. she would get convicted only of the d felony. two and a third to seven years which she appears to have agreed to and that's an indeterminate sentence in new york meaning at the con clugts of the minimum period she will be eligible for parole. it is possible she could be paroled in a couple of years and will get credit for the month she's already served. the stick is the prosecutors could have stacked more charges on this. the big one being conspiracy to commit murder. >> the idea she could sefb onlyserve
only two and a half years in prison -- she was going to allegedly off her husband. >> the reason the prosecutors didn't want to go down that road in order to sustain the charge and take it to trial they would have had to have got in bed with her ex-lover and use him as a state's witness against her. i imagine the district attorney's aus and governor's office didn't like the optics of the idea of using this escaped murderer as a state's witness in this case. >> why? give me your expertise. >> this case was really about them. they were convicted murderers, horrible people. they escaped, caused the state and the government to expend millions in a manhunt. as unsairy as this defendant is the prison worker she's probably not as bad as those guys and they probably would prefer a conviction instead of getting in bed with these guys. >> i'm thinking wow.
she may have committed murder. >> conspiracy. >> she provided contraband. they were able to romeam the tunnels for months before they escaped and she may only serve two and a half years in prison? maybe i'm not look at other cases. seems light to me. >> it does. the reality is the prosecution is ham strung by what the penal law says. promoting prison contraband in the first degree the highest degree of the charge is a d felony. the legislature sets the sentencing. nonviolent t felony in new york state which is what this is carries a maximum sentence to two and third to seven. the only way for more is to go after a murder charge. >> why no sex charges? she admitted to having sex with one, maybe both. >> the 'rl ti is the sex charge applicable would be rape in the third degree. the idea that a prisoner doesn't have the capacity to consent to sex. that carries a maximum sentence
of four years, less than the prison contraband. they probably couldn't have got much more mileage in terms of sentencing. again in order to sustain it they have to call the escaped prisoner. he would have been the victim of the, quote/unquote, sexual assault. >> that's interesting that he would have been a victim. >> exactly. >> thank you. >> thanks fwret chen. >> let us know what you think about the case. should joyce mitchell have gotten a plea deal after helping the new york prisoners escape? tweet me. use the hashtag # the real story. your comments at the end of the show. workers at one atm company mistakenly leave behind a large bag of cold hard cash. there it is. how much was in there? then what happened to it? plus another batch of hillary clinton's e-mails about to be released. there are so many tichbt investigations and document dumps it's almost a maze. right? ed henry breaking down where we
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business where tires were stolen. police say the atm employees are cooperating with the investigation. did they really just leave it there by happenstance? seems fishy to me. state department about to release the next batch of secretary hillary clinton's e-mails. house speaker john boehner stepping up the pressure demanding she come clean and give up her private e-mail server to an inspector general. >> let's not be fooled here. secretary clinton is a former senator, a former secretary of state. she knows exactly how classifying materials works. at this point the best thing for -- mrs. clinton to do is come clean and turn the server over to the i.g. at the state department. >> lots of questions for this guy. chief white house correspondent ed henry joins me in studio. there are so many investigations going on.
>> at this point. >> in the justice department's -- benghazi. then on march 10 of course that partly forced her to have a news conference at the u.n. where she turned over 30,000 e-mails to state and deleted 30,000. march 20 requested the server for the first time. they have not gotten it. then on may 26 the state department released the first batch of clinton e-mails, 300 of them. july 1 state department released 900 e-mails. tomorrow we expect the republican chair of the ben fweez committee to get about 5,000 pages of e-mails from clinton aides related to benghazi. friday the state department releasing the third of eight batches of clinton e-mails. then remember coming down the pike as well you have in october
they are still working out the date. she's going to testify. now, are the e-mails around or were they deleted? experts say they are remnants of the deleted e-mails should exist. there is a precedent with the irs. there were backups. even though shay said there weren't, there were. we haven't seen the e-mails to your point about a server. there is a thumb drive in the hands of hillary clinton's personal attorney. >> could they subpoena that? >> they could. who would do it? congress would have to vote in the house. there would be a lot of back and forth. the justice at the present time is key here. these inspectors general last week said look there is classified information in her server. they have demanded a review. the new york times erred saying it was a criminal review. it is a security review. is there classified e-mails in there? if the attorney general finds there is they could issue a subpoena. maybe get the server. >> it's interesting. when you started in march on those dates hillary clinton has
always been vehement that there were no classified e-mails. it could all hang on that. >> now the inspectors general say there is. >> why do we have a picture of a plane? >> a private jet. >> she's taking heat for taking a private plane on the same today she was talking about climate change. >> video shot by the america rising pac. after a speech on climate change she's in des moines flying to natural where she went today. a 19-seat private jet. a lot of candidates use them. frechblg made jet costs $5800 an hour to rent. it burns 347 gallons of fuel per hour. maybe not a surprise today the clinton camp said they are going to be carbon neutral. when they spend a lot of energy they will have off sets. we have heard about taking the bus from d.c. to new york public transportation so they
tonight take their own car or whatever. >> because she took a private plane she'll have off sets. sounds like al gore. >> it's interesting. this republican pac got results. >> all right. very interesting. very comprehensive report from ed henry. >> we have the inside scoop. >> and the real story. thanks. >> big weekend coming up for republican candidates. when they will make their case to hundreds of conservative donors. this ahead of next week's big debate. who will get it? and the family of two teens missing at sea refusing to give up hope. new details on the search off the coast of florida. >> it's been all hands on deck type effort. this case hits home. i have a 13-year-old and a 14-year-old son at home. this resonates obviously with me. i can empathize with the families that are involved.
bottom of the hour. headlines now from around the world. lawyers for convicted israeli spy said he will be paroled after spending 30 years in prison. his parole would have him in the u.s. for five years but president obama could allow him to move to israel sooner. nato is holding an emergency meeting on the fight against isis calling on turkey not to use excessive force. and a voluntary recall of nature variety chicken flavoreding to food with a possible salmonella risk here. no illness is reported yet.
the koch brothers extended an invitation to gop presidential candidates including jeb bush ted cruz marco rubio and scott walker inviting them to make their cases directly to a group of wealthy conservatives next week. but some other republicans, well some other white house hopefuls got snubbed. all this comes a little more than a week before the first presidential gop debate on fox. joining me now simon rosenberg, larry o'connor host of mornings on the mall and editor at large at ij review.com. good to see you, guys. >> hi gretchen. >> good to be here. >> larry, let me start with you. the koch brothers are very influential in giving out tons of money that anyone needs to become president. apparently they have invited some of the gop contenders there. but not all.
what do you make of it? >> of course they give out a lot of money to super pacs and organizations that help people become president. they can't give much to the candidates. i make of it that they want to hear what very specific messages the very specific candidates have to give. i know they are pretty familiar with walker rubeo. i'm surprised to see jeb bush included in the list. i will be honest. when grassroots conservatives who are the target market for the koch brothers and jeb bush they don't think of him as going against the export-import bank he decided he's against but 20 years ago his business was helped by. i think jeb bush has the hardest job. >> and carly fiorina will be there. rand paul was invited but i don't think he's going. i'm not sure about john kasich. he apparently is liked by some of those within the koch
organization but i'm not sure if he will be there or not. what do you make of the list? >> and no donald trump. >> exactly. >> the guy who is i think, running what has to be seen as a serious campaign. we didn't know if he could last. he was a flash in the pan, some people said. he seems tushl and sustainable. the big question for him is tuz he turn into a more conventional candidate? does he hire staff? does he really try to win this thing? i think it will be one of the most interesting things to watch in the republican race in the next few weeks. he's a serious canada at that time. >> i will get to it in a little bit. maybe also because they know he doesn't need the dough. just thinking outside the box there. newly announced fwop presidential candidate john kasich is gaining ground in new hampshire. new poll puts him in a tie for third place with wisconsin governor scott walker. both behind donald trump who is in first place and fwo nor jeb
bush who is right behind him. timing of the kasich bump important because it comes ahead of the first gop presidential debate right here on fox next thursday night. of course only the top ten -- they will have others in the forum before at 5:00 p.m. eastern but the top ten will be 9:00 p.m. eastern time. what do you make of the surge for kasich? >> i'm surprised. although because it is specific in new hampshire it may make more sense. senator rudi it is man of the graham rudi dts man law to reign in the federal budget and the deficit came from new hampshire. new hampshire has always been a budget hawk kind of state and a deficit hawk state. that's john kasich's wheel house. he was chairman of the committee when newt gingrich wrestled bill clinton into a balanced budget. it is an outliar to new hampshire. i doubt there is kasich fever in the nation. people aren't clamoring for
kasich talk. >> very interesting. simon, what do you think? >> i'm not sure it's real. he may have gotten a bump with the announcement. the fox debalt will be huge. important, early moment in the race. one of the things i'm looking forward to is seeing the debate on immigration. you will see cruz and trump who's made immigration into a national issue going head to head with jeb bush who has come out for legal status for undocumented immigrants. came out for state hood. >> and marco rubio potentially. >> the puerto rico thing could be a real issue, too. i think you will see -- i'm most interested in the back and forth. there are real differences between the candidates on that issue. i think we'll see a lot of it next week. >> all right. very interesting. we'll all be watching. simon, larry, see you soon. >> simon rode his bike today to help keep hillary carbon neutral. >> he's contributing to the off
sets. >> absolutely. >> 90 degrees here. no way. >> i expect you on a bike tomorrow larry. >> yeah right. >> time for my take. if anyone tells you they know who will be the republican nominee for president, they're lying. no one knows. and that's what makes the process so fascinating. right now kasich and fiorina are making a push in the polls. today want to be among the ten on stage for the fist te bait but possibly the biggest surprise to the pundits has been the rise of donald trump. most said a trump candidacy couldn't be done that trump would never run, that his comments about illegal mexican rapists would stop him before he started, and his attack on john mccain would be the end. yet he has a huge lead in new hampshire and is a close second in iowa. next week on the debate stage, who will decide to take on trump and who will lay low?
those thus far who tried to throw a punch have been excoriated by trump and that's what makes politics fickle. who ever thought one of the most important strategies this election cycle would be how to handle a guy named trump. you can always get my take on my facebook every day and at fox news.com. now we are up to 20 private planes helping in the search for the two teenage boys who disappeared during a fishing adventure on friday. the families of perry cohen and austin stephanos say private planes continue to search as they have since they vanished. this as we learn perry wasn't allowed in the ocean just in the nearby river. search teams spotted their over turned boat off the coast on sunday. meantime the u.s. coast guard is expanding the search as far north as van, georgia. quite a distance
south to cape canaveral in an effort to fine find the boys. sarah peterson joins me now. great to have you on the real story. i know you have been doing exclusive reporting including the fact that the families have now 20 private planes up and looking for them. what else do you know about that? >> well the planes are searching outside the coast guard area. the family is grateful for the coast guard and their state of the art technology. they have also raised i believe, the last time i checked, $95,000 for this continued private search as well. just to do whatever they can to bring their boys home. >> okay. hold on a second if you will. we have breaking news coming in now on tom brady. here is the alert. apparently the four-game suspension has been upheld now by the nfl commissioner roger goodell. he upholds the four-game
suspension against the new england patriots quarterback. the star quarterback tom brady. te flat investigate became a huge story right before the super bowl when they were playing in the conference championship game. the deflategate scandal erupted into the fact that apparently tom brady and some of his training staff deflated footballs and some say it made it easier for him to throw the ball and for receivers to catch it. now the four-game suspension has been upheld by roger goodell. remember he made the decision that he was going to hear the case by himself although there were tons of people in the room when it happened a few weeks ago. he was going to hear the case and he himself though he was advised by the nfl staff not to do that he was going to make the final decision. now we are hearing from the nfl commissioner roger goodell. he up homdholds the four-game
suspension for new england patriots star quarterback tom brady. keep it here on fox for continuing on this story. we'll check in now with shepherd smith from fox news desk. >> interestingly roger goodell, the nfl commissioner just said tom brady had his cell phone destroyed before he met with the investigator in the deflategate scandal. in addition tom brady had 10,000 cell phone texts over the four months since deflategate happened. 10,000 messages and his cell phone destroyed. roger goodell said that's the real deal. the new england patriots star was suspended in may. the patriots were fined a million dollars and toked a pair of draft picks. it all stays and brady isn't off the hook. back to you. >> we know you will cover that on your show 19 minutes from now. thank you. we'll continue covering that as well as this. the plan to close gitmo, dozens
of detainees set to release to other countries. where will the others go before they are set to be tried before military commissions and is it a good idea? could they come to prisons in the united states? secretary of state john kerry trying to sell the iran nuke deal to congress today calling a better deal a, quote, unicorn fantasy. the lawmakers don't see it that way with some having trouble with the current fwreemt. >> if this agreement goes through, iran gets a cash bo nanne sta-- bonanza and a lighted path to nuclear weapons. the lawmakers don't see it that
it's a stunning development. what's coming with the news is that roger goodell is telling the press that tom brady had his cell phone destroyed before he met with investigators. do you know anything more about it? >> reporter: we don't except we know there were thousands of text messages that were made after the fact and that's what -- you go back and that's what ted wells said in all probability tom bray ti knew that the balls were deflated. that was the entire basis of that report. you also have to remember when they point to tom brady as being complicit in this scandal you are talking about one of the most popular players in football and the new england patriots also lost a million in fines as well as the first round draft pick. you have to remember the nfl players association said they threatened if commissioner goodell didn't drop this suspension they wanted it two
games. they were willing to say tom brady should sit out the first two games of the season. but if he didn't lower it from four to two games they were threatening legal action to do this in court. clearly it's not going to happen this year. they go to court now and there is no chance the decision would be able to be rendered before the opening game in early september. the patriots play pittsburgh buffalo, jacksonville and dallas in their endeavor here to repeat as super bowl champions and now roger goodell has said tom brady will miss all four of the games. they lose a first round draft pick. they lose there's 1 million. we have heard not a single word now from the nfl players association though it is early on any reports they may challenge this in a court of law. >> yeah. >> prior to the opening kick
off. >> they challenged it and brady go to federal court. here's more about the destroying of the phone. on or before march #, the day he was to meet with the independent fwrart you are talking about ted wells and his colleagues brady directed the cell phone he used for the prior four months be destroyed. he did so though he was aware they had requested access to text messages and other electronic information that was stored on the phone. this is a report of course coming from the nfl commissioner's office. >> right. >> as you say he exchanged nearly 10,000 text messages. obviously when somebody destroyed a cell phone and they have been asked to keep it as evidence that has a guilty look to it. >> again we are hearing one side of the story, commissioner goodell's side of the story. we have not yet heard from tom brady and his lawyers about
whether or not that cell phone was destroyed. they may have a different take on exactly what happened here. commissioner fwoo dell this is not a legale ruling. this is commissioner's ruling saying the four-game suspension will be upheld. it has nothing to do with the legality of whether or not the phone was destroyed. this is in defense to tom bray ti. you know at some point today he and his people will come out with different statements here. we haven't heard from the owner of the new england patriots. remember he decided not to fight this. he didn't want to go through it. tom bray ti decided on his own and with his advisers to go to the commissioner and fight it himself. so nfl commissioner roger goodell upholding the four-dame suspension against tom brady. in the opinion informing tom brady it was denied.
important new information in connection with the hearing. so what the commissioner may be doing is information that tom brady gave him during the hearing, he may be using against tom brady. it says day that tom brady met with the independent investigator ted wells and his colleagues brady directed that the cell phone he had used for the prior four months be destroyed. brady is the one that said in that hearing that the cell phone should be destroyed. he did so even though he was requested not to get rid of that evidence. based on the wells' report ted wells, the investigator the evidence presented at the hearing, commissioner goodell concluded brady was, in fact aware that the balls were deflated. >> it also goes on to say the destruction of the cell phone was not disclosed until june 18th four months after the investigators sought electronic information from tom brady. thanks for keeping us up to
speed. we'll continue our coverage on fox. the nfl commissioner keeps the four game suspension in tow for tom brady. qb of the new england patriots. we'll be right back. did you know that meeting your daily protein needs actually helps to support your muscle health? boost® high protein nutritional drink can help you get the protein you need. each serving has 15 grams of protein to help maintain muscle, plus 26 vitamins and minerals including calcium and vitamin d to support strong bones. boost® high protein is the #1 selling high protein complete nutritional drink and it has a great taste-guaranteed! help get the nutrition you need everyday with boost® high protein. join the club at brandpower.com. why am i so awake? did you know your brain has a wake system... and a sleep system?
fox news alert the nfl commissioner roger goodell is upholding the four game suspension for tom brady, the quarterback of the new england patriots. the four teams he will not play against unless something changes, the steelers bills, jaguars and cowboys. now, tom brady could appeal this he could bring this to a federal court. we have yet to hear from the nfl union that represents the players. the players' union. they had vowed before they would take this to court in a
different direction if roger goodell upheld the suspension. he claimed in a statement he made to the press in print that tom brady destroyed his cell phone even though he knew that investigators wanted to see it and that there were some 10,000 text messages on that phone. it was not disclosed to the nfl until june 18th four months after the investigators started that that had in fact happened. keep it right here on fox for any developments. all right. let's go to the iran nuke deal now. secretary of state john kerry stepping in the lion's den. lawmakers firing pointed questions today about the president's plan. i want to go to mike mccall. texas congressman who has been patient in waiting for us. thank you so much, what's going to happen with a presidential veto? does congress have enough power and votes to go past that? >> that's a specific question i had to the secretary. if we had enough votes to override the veto does this mean
the deal would collapse international? it was breaking news for him to say that that would defeat the entire deal. that's significant testimony to bring out from him. and so do we have enough votes to override? i don't know that at this point in time. i can tell you this the opposition was very bipartisan today. and i do think that members on both sides of the aisle, a lot of members oppose this deal. >> all right. what about chuck schumer? he's a pivotal voice in this whole conversation. >> he's key. i think you'll see in the august recess gretchen a lot of pressure being put on the 17 democrat senators. schumer being from new york with a big jewish israeli constituency is going to have tremendous pressure to oppose the deal t. he's one of the key players on capitol hill. >> we've got to wrap it there because of the breaking news. congressman mccaul, thank you sir. >> thank you. back to the breaking news now. tom brady will still face the
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3:00 on the east coast, noon on the west coast. i'm shepard smith. mick huckabee now repeating his controversial comments about iran israel and the holocaust. and he has something to say about his critics as well. a new poll shows donald trump gaining more ground in the race for the republican nomination. but he's not the only one. plus the nuclear deal with iran. secretary of state john kerry trying to convince the critics in congress. >> that behavior did not change last weekend when they were chanting again death to america. >> mr. chai