tv On the Record With Greta Van Susteren FOX News January 11, 2016 4:00pm-5:01pm PST
unafraid. don't forget the state of the union coverage tomorrow night 8:55 p.m. greta goes "on the record" right now. ♪ ♪ tonight a new tip just in and it's frightening. at this hour it's new fierce that philadelphia police officers are facing a specific threat. new threat coming days after self-inspired isis attack. accused shooting jesse hartnett as he sat in thinks squad car. a fee nail tipster gave police the unsettling chilling news that three radical associates of archer are still out on the streets and may strike again. philadelphia police commissioner richard ross goes "on the record." good evening, sir. >> good evening. sir, before i get to this tip that the philadelphia police have received. tell me how is officer
hartnett, the officer who was shot three times on the street? >> he is recovering route now. he has a long road ahead of him. he had some significant injuries as you might imagine. but we're not just worried about his physical injuries. his psychological well being, such a traumatic experience he went through. we want to keep him in our thoughts and prayer. >> it was quite amazing looking at that video he got up and chased after that gunman chasing after him, it was pretty amazing. >> amazing. you can't believe it. it make the hairs stand up on the back of your neck when you watch that particularly when that individual put his armoó inside of that police car and began to fire like that. it kind of takes your breath away. >> indeed it does. commissioner we now hear that there has been a tip at the philadelphia police may have a specific target on their backs. what you can it tell me about that tip?
>> well, that tip came in yesterday, actually, the night before and a female alerted us to the fact that this individual may have been involved with three others and so we're trying to run that down in conjunction with the fbi. right now we have nota!@pa found anything substantive on that, but we're working alongside them. and hopefully we will find something significant. we need to get about the business of allaying the concerns and fears of the police officers who wear this uniform each and every day. >> the report is that the man in custody has said that he was isis-inspired. do you know anything more about that? >> well, we're trying to pin that down, you know, a lot of that came from his coon con confession. he was evasive at times but he was clear that police departments in general violate the tenets and the laws in the quran and that was the reason for his
attacks. that he had issue with us along with other folks.zv trying to figure it all out to be honest with you. >> i understand that he traveled overseas in the middle east on two occasions, once to saudi arabia and once to egypt. you can con if you remember that? >> that is true. one of them was a religious pilgrimage as we understand it and the other one, i believe, learned arabic. that's all we know at this point. >> is he employed? do you know anything about what his life is like prior to this shooting? >> he was struggling as we understand it in different jobs, was despondent some folks say. but, beyond that we really don't know a whole lot. this individual is perplexing to us at this particular time. so we're looking at everything we possibly can, working very closely with federal authorities, trying to alert our counterparts in local jurisdictions to be aware as well because this may not be isolated just to philadelphia. >> did he say anything to
corroborate that tip of that woman that there might be somebody else involved or knows other people feel like he does? >> he did not. in fact, the investigator who questioned him asked that question, and he was quite evasive on a number of occasions. he indicated at one point that someone had told him to do it, but he stopped just short of saying who that was. and, again, i don't know if that was intentional, the evasiveness i'm speaking about or if it just was incidental and he decide to do stop doing it. we're not sure. >> i was on the street the other night. i heard a couple things. others that hisy claimed that he was hearing voices. then i heard that his brother or maybe half-brother said that he wasn't hearing voices. that it wasn't isis motivated but rather he was going after cops. do you know -- i mean, you can clear any of that up? >> we cannot unfortunately. those are all things we want to get to the bottom of. and right now it's like a bufl and we are trying to
piece it all together to see whether or not there are other folks who are involved whether they can lend any information towards this whole goal. i mean, right now we are trying to allay the fears of everybody in this city. to make sure that no one else is put in harm's way. let's look at it honestly. if this person can attack a uniform police officer in this way, anybody can be in jeopardy. so we're talking about anybody he may have collaborated with. so we're concerned about it. >> the way he is dressed in the pushing, it looks like -- inmean, it's either some long garb or it's a big long trench coat. what is he wearing in that picture the night of the shooting? >> right now, it just looks like it was some type of white covering. i don't want to jump to conclusions about it being some type of muslim garb. i do not know that we know he is a muslim. and so to some degree that's enough. some of it might have just been to hide and mask what he was and who he -- what he looked like so he could
escape. >> did he say anything to officer hartnett as he was shooting him? either moments before or even as he was running? >> no, he did not. and from that video, he just started to shoot at him and got closer and closer until he was literally inside of that police vehicle. >> and how would you describe that neighborhood? >> i mean, it's not bad neighborhood. it's a business corridor. a lot going on. because of the time of the night, i don't believe there were that many people on the street. there was a taxicab that had just gone by moments before. i don't know how many people officer hartnett may have saved tuckly people in uniform because ifpl he hadn't have acted the way he did this individual might have shot any number of people on the street that day. >> indeed. commissioner, thank you very >> thank you for having me. >> and the terrifying threat leaving philadelphia police now central bling to -- scrambling to keep its
officers safe. rick leventhal is live in philadelphia. rick? >> greta, of course, the headline tonight is that officers might be at more at that came in that archer might be part of some gang even more radical than him. i spoke to members of law enforcement who were a bit dubious of that lead and i asked the commissioner about that, and he said that they were hoping that her story would not check out and quickly dismiss that lead. that was not the case. she was lucid and some of the things she told them did check out. in fact, the mosque that he attended. they have to take this seriously and continue to press. he is encouraging his officers to remain extra vigilant not just because of the shooting or the threat but because of the environment that weqltw live. in officers are targets just by wearing the uniform, he says. there are inherent dangers of being a police officer and that was never more clear than on thursday night. he also talked about just how lucky officer hartnett was and how he performed and how he was able to talk evasive action inside the patrol car and how it was
fortunate that his lawyer was not there so that he could duck down at times into the passenger seat and then for him to be be able to exit that vehicle with husband arm virtually paralyzed and manage to do hit this suspect who was fleeing. hit him not once but three times is nothing short of remarkable. of course, archer, the suspect, remains behind bars facing attempted murder and other charges and we have learned that his criminal history includes an arrest? 2013 for terror his stick threats terroristic threats and gun charges. he said he had never seen a doctor or been hospitalized for mental i willness. his mother said that he had sufferedhl significant head injuries and was hearing voices. greta? >> rick, thank you. this is a fox news alert. just moments ago our sister network the fox business network announcing the lineup for thursday's g.o.p. presidential debate. in the prime time debate, trump, senator ted cruz, senator marco rubio, dr. ben
carson, governor chris christie, governor jeb bush and governor john kasich. in the undercard debate senator rand paul, carlie foreignna, governor mike huckabee and senator rick santorum and governor jim gilmore. failing to qualify for either debate stage is gilmore and that prime time dethursday night at 9:00 p.m. eastern on the fox business network and republican committee chair reince priebus is standing by i to go on the record in just moments to talk about the big debate. and from the g.o.p. debate from the democratic race, and now it might be uh-oh for secretary clinton. a newly released hillary rodham clinton email raising more questions for hillary clinton. catherine herridge is here. catherine? >> the information we have, greta, that comes through three separate intelligence sources is that, in fact, the fbi investigation has expanded. the first line or the first track is about the classified information that was found on her personal server that she use to do do government business and the second is that it looks at possible violations of
public corruption laws. in this case whether people donated to the clinton foundation received preferential treatment in terms of access and the granting of state department contracts. >> all right. that seems to be the new part. we knew they were looking at themm email. what was it that spawned this new direction? >> i don't know what respond it, but our spawned it. but this line of inquiry has been going since april of last year. and late this afternoon mrs. clinton responded to our reporting and said that she had not been notified by the fbi of such an investigation and to her knowledge there was no investigation. but you know as someone who has been a career prosecutor and defense attorney that -- >> -- they never gave us notice. >> that's right. >> they didn't tell us what they were doing. we don't know that for sure. and we have obviously no timetable on any of this. >> there is no tomb table, but you can -- you get a sense from our reporting that there is a lot of frustration building up inside the bureau because of what is described to us as significant evidence found
in both lines of inquiry. the emails and then also the public corruption piece. >> catherine, thank you. and secretary clinton's potential and i emphasize potential legal whos are sparking a hot debate. >> breaking news now the fbi expanding to hillary clinton. >> this goes to the heart of whether we can trust our government. >> there was no transmission of any classified information. >> you are not allowed under federal law to act as your own declassifier of information. >> at the end of the day this comes out justice department. >> it's another effort by people looking for something to throw against the wall to see what sticks. >> now it's your chance to vote at home. do you think secretary clinton is worried about the email scandal? tweet yes or no using #greta and we'll showm: you your live twitter votes throughout the show. but, first, utah congressman jason chaffetz goes "on the record." good evening, sir. >> hey, greta. >> one of the emails that's causing a huge controversy one of her top aids named
jake sullivan. they say they've had had issues sending secure fax, they are working on it to which she responds if they cannot turn it into non-paper with no identifying heading send on nonsecure, suggesting that she was asking that something be done to this email, we don't know anything more about the content. >> well, since she created this own convenient relationship with herself on how she was going to do emails and saying that there was nothing classified that she was sending out, it's begged all kinds of questions. we have questions not only about the classification and the danger that might have put people in, but, also, about freedom of information act requests. because the inspector general has come back recently and said there were some problems there. in fact, the state department had to put out a statement saying their previous responses were inaccurate, which begs a whole another set of questions. >> whatever happened to there were emails that she deleted from her server and the fbi was going to attempt to find her or someone was going to try to attempt to
recover that. do you know if -- have they given up or have they been recovered or where are we on trying to recover that? >> i don't know specifically where the fbi may or may not be. i do know that trey gowdy and the select committee -- i mean, the reason we know there is a large part of this problem is because of that select committee's work. that effort still continues on. but the federal records act is a question. but now there is another front which is dealing with the foia requests because there were hundreds, if not thousands of requests that were supposed to be fulfilled. the freedom of information act is the way the media, the public gets information. when you're not responding because the universe of her emails was conveniently located, evidently, on her own property as opposed to in the statute department, then you have got a whole another set of problems up there that the inspector general is now saying were inaccurate and that causes great concern for us. >> would you agree that it's not a violation of the law if she received these emails subsequently were classified?
>> no, not at all. >> you don't agree with that? >> not necessarily. >> if you think that she received nonclassified emails on private server and they were later classified that she is in trouble for that? >> we have got to have some adults in the room that understand that just the secretary is somewhat classified information. the adversary would love to know where she is going to be and even what she is doing. so, i think that's still an open-ended question. i'm not trying to come to a conclusion of that. but you have got to have good serious work done by mr. comby, who is the director of the fbi, believe in him. and i think they will do good work. but it's going to take some time to get to the bottom of this. >> for the life of me i don't know whether it's classified or not classified. i can't figure out what she was thinking that she would have used a private server to begin with even though if it's not nonclassified business. >> she created this herself not republicans that created this. >> i agree. congressman, thank you. turning now to the political impact of secretary clinton's emails while we wait to see if they are a legal problem, what about a political problem? will it hurt secretary
clinton with democratic voters? the on the record political panel is here with betsy woodruff and guy. another issue of political problems in 20 16, do you think that democratic voters are going to be turned off as they listen to more and more of this? >> maybe not democratic voters. >> those are the ones she worries about. independent, too. >> for now. she is looking more toward the general election. she is going to be the nominee barring some massive political earthquake. she has to be concerned about what voters at large think about all of this. so far these scandals, absent all the new developments in the last four days. voters have looked at her as untrustworthy person that they don't view facialably as a politician. that's an issue for her moving forward. i think what we heart just today from catherine herrige in her report that undermines that image even further. >> i think this is probably giving her campaign flashbacks to this summer at the height of the email scandal when she just went -- bunkered down, went into hiding, reporters wereh surrounded by rope lines, it was really bleak for her for a while.
when bernie sanders said the emailsy not a big deal, don't worry about it. things got better and got friendly interviews. if this metastasizes as the fbi investigation becomes more involved and more of a story, clinton might be inclined from shying away being more public and that hurts her. >> it takes only one e -- -- to count. to it be a crime if there is. and i don't know that there is. one email classified email on her private server than she has got problems. >> she has 1300 classified emails on her private server. that's the nun that we know. >> look here the poll results by the way. 76 % say that she is worried about that that's a high percentage. but, i mean, she has got all those -- at least that's sort of what coming out that there are 1300. it makes a big difference whether she knew about it or is a felony. >> that's the thing. when you look at the classified information, lots of it that was on her server, she came out last march and said there is none ofs it on my server.
i didn't email it or get it. that turned out not to be true a thousand times over. some of the messages included were top secret information. state, she signed a memo when she first started at the state department saying it is my responsibility to recognize top secret information, secret information, whether it's marked or not, that was her duty as secretary of state. >> you know, betsy, i just don't think she has explained it it that's the problem. and the:$p reason why this keeps going on and on besides the fact that we have drip, drip, drip with the emails from the state department. i don't have a sense that i understand why she was doing it in the first place. >> part of the problem with this reported new probe is that it would go beyond just the question of emails and classification rules it gets to the very hart of her credibility as a candidate. the argue. that perhaps people in foreign governments who donated to the clinton foundation got special favors at state. there are examples of kingdom of saudi arabia getting a 30 billion-dollar fighter jet deal after giving $10 million to the clinton foundation. this is extraordinary it stands out. if this probe brings that to
the forethat's a problem. >> it's hard when she says she has already said it. i think how come i don't get it. he figure i'm of average intelligence. if she has explained it, why toward maybe she didn't adequately explain it it don't go away either one of you. we just announced fox business debate lineup rnc chairman reince priebus here to go "on the record." also, affluenza teen ethan couch dodged jail because his parents had money did. all that cash dry up. that's coming up. a history of sensitivity to rifaximin, rifamycin antibiotic agents, or any components of xifaxan.
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constitution as annoyance. >> if you don't have good leaders, you don't get good results. >> after one election cycle we can get rid of all the bad people. >> i would love, please, fbi, please, go after hillary. i want to run against bernie. >> look at the number of people that are completely dependent upon government today and have no hope. >> day after day after day conservatives are uniting, and if conservatives continue to unite, we'll win. >> well, that was some of the 2016 g.o.p. presidential candidates out on the campaign trail. the candidates making a strong push ahead of thursday night's fox business network debate and just moments ago fox business network announcing the presume time debate lineup. it is: donald trump, senator ted cruz, senator marco rubio, dr. ben carson, governor chris christie, governor jeb bush and governor john kasich. republican national committee chairman reince priebus goes "on the record." >> good evening, greta. go packers, right? >> go packers. great game yesterday.
nobody else liked it in the bureau. >> it was great to be a packer fan in washington, d.c. yesterday. gloating. >> the way the packers marched down the field and the redskins kept the packers in the game big mistake and great to see the offense again. >> i wonder if we will be gloating next monday. >> tougher game. >> the debate the fox business network debate. you don't set is the rules. decide who is going to debate, right? >> obviously we are a lot more involved in these debates than we use to do. as far as the criteria goes, it's a corporate product the networks get to set the criteria. all this shows though is what a competitive field it is. we have, a varsity team of candidates that are out there. look, some candidates have done the first debate and come back and done the second debate and vice is vice a versa. chris christie as you recall at the last fox business debate first debate and now he is back on the main stage. >> same as carly fiorina was on the early one and then
later one. >> debates breaking records as well compared to debates of four years ago. it's highly competitive. there is a lot of interest in these things. we have another debate in two weeks on fox news. and then there is three debates in february. so they are going to have five debates between now and the end of february. >> carly fiorina and senator randzm paul are not going to be on the main stage as they were last time. senator rand paul at least as far as i know has not told fox business channel but i have been reading the wires has made some suggestion to another network that he will not do the undercard debate. >> i think he talked about that last week. i'm not sure where they are at today. i mean, this has just happened a few minutes ago. so we will find out where they're at. but certainly he is a varsity candidate. and has done very well so we will see. >> well, he has apparently said in an interview 30 minutes ago that's what i'm told. all right. if donald trump is the nominee, are you going to rally the entire g.o.p. behind him? >> well, of course. our job, one thing that i
like to explain to people is the job of a competent national party is a party that has its act together when it comes to data, the ground game, the freezing rain structure, a lot of people think it's boring stuff but it's the mechanics, it's what wins and loses close elections. whoever the nominee is, they get what we build. and we have been building it at a record pace for the last through years and it's going to be another huge build-up this year. whoever the nominee is, they get th+u infrastructure that we have built and we latch on to the nominee to help win an election. look at hillary. her numbers are in the ditch. yeah, we have got a drama on our side of the aisle. but, look at what's happening with hillary clinton. she is giving us every opportunity to win this election. and we're going to. >> ryans, nice to see you. >> thank you. >> go packers. and do not miss thursday's g.o.p. debate only on the fox business network. now that's 9:00 p.m. eastern on thursday. if you don't know where to find the fox business network go to fox
business.com/channel finder. affluenza teen ethan couch still in mexico but his mother in the united states and facing the music. that's straight ahead. dave, dave's on it. [ sneezing ] a cold can make you miserable. luckily, alka seltzer plus cold and cough liquid gels. rush liquid fast relief to your tough cold symptoms. fast, powerful liquid gels from alka seltzer plus introducing centrum vitamints. a brand new multivitamin you enjoy like a mint. with a full spectrum of essential nutrients... surprisingly smooth, refreshingly cool.
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own dream act and then he abandoned it. marco rubio. just another washington politician you can't trust.
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i thione second it's there.day. then, woosh, it's gone. i swear i saw it swallow seven people. seven. i just wish one of those people could have been mr johnson. [dog bark] trust me, we're dealing with a higher intelligence here. ♪ the all-new audi q7 is here.♪ developing right now, tonya couch is back home, well, sort of. if you call it jail in your hometown home. the affluenza teen's mother is in a texas courtroom today, couch facing very serious charges after allegedly helping her son flee the united states. fox news correspondent casey
stegall is live in texas. casey? >> greta, good evening. today the judge reminded prosecutors that you did not set bail just to keep somebody in jail. went on to say, quote, we are not dealing with capital murder here, end quote. the exact charge she faces is hindering the apprehension of a fugitive which is a third degree felony so the judge lowered the bond amount from $1 million to 75,000. also placing restrictions on tonya couch. she would have to surrender her passport, wear a g.p.s. ankle monitor in addition to paying back the tar ramplet ant county shfd more than $3,000, the cost it incur to do extra tonya from california to texas. couch called's attorney called her indigent. she did not have the cash to make the original bail because they are still legally married meaning she does not have half of everything. meantime the court has also
ordered that tonya couch undergo a mental health evaluation within the 30 days. court records show before she fled the country with her son ethan she withdrew $30,000 from a bank account and called her estranged husband telling him he would never see them again. mexico city where he is fighting his deportation back to the united states. greta? >> casey, yes, no, did she make bond today? >> i'm sorry? >> did she make bond today? >> not yet. the sheriff says it would not happen today, not tonight. she has to be fitted for ankle monitor it would happen tomorrow before she can get out, greta. >> thank you, casey. and tonya couch's oldest son ethan couch's' half-brother taking to the witness stand to defend his mother. >> are you requesting that her bond be lowered so that she can be bonded outed out of jail? >> yes, i am. >> and at this point, f.a.a.
bondsman charges 10% of 150,000 dollars bond does she have access to $15,000. >> no. >> do you have access to that? >> no. >> would you be able to post $150,000 bond. >> no, i you wouldn't. >> how much money is in that account if she were to have access? >> last time i thought it was negative 99 billion. >> i'm sorry, say that again. >> it was negative 99 billion. if you pull up her account. negative 99. >> billion, yeah. >>ú÷ okay. how much money were you expecting to be in that account before you discovered that there was a hold on it? >> i had no expectancy. i didn't know how much had in there. that's why i got the power of attorney. >> if that acowment was not frozen, you probably know there was $100,000 cash in that account. >> that wouldn't be surprising. >> where would that money have come from? >> from my house. >> the sale of the house?
>> yes. >> so your testimony under oath is that there is nothing? >> there is literally nothing. >> all right. and that truck that she drove to mexico would belong to, i guess, mr. couch? >> his company. >> did you understand the fact that your mother is one of the people who is supposed to be helping ethan stay in line, keep up with his probation? >> yes. >> you understand that? that's a yes, correct? >> as a parent, yes. panel is here. former homicide detective and criminal defense ted williams and former prosecutor katie phang. would you have reduced her bond from a million down to 75,000? >> i would have reduced it i don't know if i would have reduced it to 75,000. but i have to disagree somewhat with the judge. the judge said he cannot set a bail to keep her in jail. but the question is she a flight risk? when you look at the fact that she took $30,000 out of the bank to go to mexico can he. she can you tell off and[:
disconnected her cell phones. she told the father that they were never going to see her again, all that tells me she is a flight risk. >> katie, what about the bond for you? >> i think it was ridiculous they reused the bond to $75,000. you have to secure the presence of the defendant for purposes of prosecution. i understand she is going to be on ankle bracelet but there is nothing that is going to stop tonya couch from sniping that bracelet off and taking off. the fact that her son, hot judge ordered that she would have to live with if she posted her bond was testifying that there was $99 billion in a deficit in the account the guy is under oath and he is saying there is actually $99 billion missing from an account. she should have used that 30 grand to hire a better lawyer at this point in time. >> what i don't understand is that the kid is the affluenza teen and that's what the whole defense to begin with. where is this rich dad? does he have any like appeared any place or said anything? it sounds like he has checked out. >> it's the $64,000 question. he certainly was there and
available when they hired lawyers to go after he killed four individuals to say that he was too rich to go to jail. but we don't blame the dad. to me you don't blame the mom. you blame the system. >> oh, i blame the kid. i blame the mother. i blame -- actually, ted, i would blame everybody. you know, what a dysfunctional family. a lot of theme -- people don't have these families. a lot of people struggling in the united states that can't do as well. katie, do you wonder where the father is as well? >> the father has claimed i have no responsibility for what's happened with the kid and the mom. i think he hazardous avowed himself of any involvement. it's interesting because the other son testified that thectqo the funds. well, i don't know about that marital funds are equally accessible by the husband and the wife if they haven't been divorced yet. so he should still have his money. it sounds like he has put it under lock and key to prevent both ethan couch and tonya couch from continuing to have access to any funds. >> well, actually, i don't
blame him for that. they don't seem like the two most responsible people in the world. >> no they are not unfortunately. what a sad tale. ethan who killed four people sitting in a slammer down in texas it. >> it's a very sad situation. but blame the system in texas. >> oh, comen on. people blame him for driving a car and killing four people and these two parents, whatever. i blame them all. and the system. ted, katie, stick around. and a wave of mass violent assaults by refugees reigniting the refugee debate right here inwm baltimore. today two officers charged in the death of freddie gray? that's coming up. and that was amazing. along with support, is
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released surveillance photos of a woman robbing a north carolina jewelry store. camp who was arrested in georgia is believed to have committed six jewelry store robberies in four different states. and two window washers spending a terrifying 30 minutes dangling from houston's tallest building. the scaffolding broke leaving it hanging near the 71st floor of the jp morgan chase tower. they were able to remove a window and pull the two window washers to safety. the cause of the accident is still under investigation. and who wants to be be a billionaire? america's first billion-dollar jackpot is here. the power ball now up to a record $1.4 billion. saturday night's drawing failed to produce a winner so now the pot keeps on drawing until the next drawing wednesday night. get out there and buy your tickets it. your chances of winning very slim. the odds of matching all six numbers are 1 in 192 million. hey, can't a girl dream? that's tonight's speed read.
and breaking right now violent assault in germany. a brand new wave of attacks this weekend following horrific mass sexual assaults on new year's eve. the attackers are believed to be middle eastern and african-american refugees. donna is live in cologne, germany. donna, tell me what happened. >> well, the number of cases report the -- reported to police grew to 516. increased number of 57. police say there were 19 suspects, 10 of them seekers. the other nine had been identified as -- 14 of the suspects are of iraqi nationals. on the streets. blaming angela merkel policy
toward refugees and asylum seekers, claiming that these attacks were a direct result of the government's policy. it also needs to be said that counter aa tacks were quick to follow as last night a group of 20 men attacked six pakistanis also outside of the cologne central station on a different incident, 39-year-old syrian attacked by a group of five men. merkel supported a a law, changes to the law that will enable germany to deport migrant and asylum seekers that would make their crimes territory. and that what we know is that following the attacks, cologne's head of -- has been suspended following allegation that he withheld information from the public. >> donna, thank you. and "on the record" was inside the baltimore courtroom during a bombshell ruling today. the judge's decision next. and don't forget to watch
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>> breaking right now, in the death of freddie gray. griff jenkins was in the courtroom. what happened today? >> greta, just when you thought it couldn't get more complicated the maryland court of special appeals intervened and postponed indefinitely the trial for officer caesar goodson which was set to begin with jury selection today. >> because th-iç officer had appealed the order because mosby wanted him to testify and he didn't want to testify because he has a fifth amendment right. so he took it to the court of appeals and the court of appeals did something very simple applied the law.
>> george williams' order compelling porter to testify, of course this co%zq of special appeals granted that injunction and now they have stepped in and said this cannot go forward anymore. we also know porter has been called in the same capacity in alicia -- sergeant alicia white's trial which comes up next. what's effectively happened is it stopped all these trials from moving forward. we wait and find out there. could be even oral arguments in this court of special appeals. certainly brief also be be filed and fought out in the coming days if not weeks. we will find out what will happen with porter's testimony. >> all right. and by the way it's a precedent, first time in maryland history that a co-defendant has been compelled to testify in advance of his own trial. >> griff, thank you. so what does today's rulimçz mean for officer8p÷ caesar goodson. the legal panel is back ted williams and former prosecutor katie phang. katie, no big surprise. we predicted this last week. you can't force this guy to testify, this officer he has a fifth amendment right and he has a trial pending.
>> if it was as easy mosby's office is going to be for them to say that judge williams did the right thing why did this appellate court say you are absolutely right, we're going to sustain what judge williams has ordered. what's ultimately fascinating about this is that mosby's office has filed legal documents as stated that if porter does not testify in the goodson and white trials, it will quote effectively gut. >> wait, wait. which is the insane part of this. you wonder what law school did all these prosecutors go to which is so insane. >> how can you not anticipate this. >> even if the officer had not been -- there hadn't been a mistrial and he had would have been convicted he would still have his fifth amendment right to the appeals process. how are they planning to make this case against goodson anyway? what are they thinking? >> it's debatable what they are thinking. >> i don't think it's debatable. they weren't thinking. >> if they got a conviction against porter. >> porter. >> porter was going to appeal and he still would
have been able to exercise his fifth amendment right. they are in a quandary right now. >> i don't know where you find so many prosecutors in one office that don't know the law and where you find/x a judge likewise doesn't know the law. what are the odds? >> i think i would more likely win the power ball. >> i think you are right. but you do have the law and it's going to be an issue of first impression as we heard from griff. because it's going to be an issue of first impression it will continue to go to the highest court in maryland which is their supreme court. so do not expect anything to happen any time soon. there is other officers have to be tried. >> this appeal is going to it take at least a year. >> it's going to take some time. now, the court of special appeals, it can be kicked up to the court of appeals and the court of appeals can make a decision right r"' >> they can move quickly on an emergency basis. you have to wonder what are these prosecutors thinking? we're back to that again?
>> stuck on stupid. just dumbness. that's what you found here. desperation has set in at this stage unfortunate. you have got officers' lives that are out there. these poor officers are suffering as a result of mosby coming out like this. >> it gets dragged on too, it goes on and on and on. they should have a trial and a fail trial and a swift trial. that's the whole point is to make sure that you have your speedy trial. but what i can't -- i just go back to the fact that when they decided, katie, that they would try porter first, they expected the prosecution a conviction. and they knew that goodson's trial was supposed to start today. they should have known they couldn't call porter at that time. if he had a conviction they would be appealing his conviction. this is all a little bit bizarre. >> it's a horrible reflection of mosby and lack of preparation and an example of incompetence from her office. any good lawyer has to anticipate the good and the bad. and the fact that they procedurally did not expect that this could be an ultimate consequence of port are's hung jury, from his
trial, just goes to show a level of arrogance on the part of marilyn mosby. i think, ag!çkz'z it's time for her to reconsider the fact that she may want to offer better deals to not this. >> all right. she is an elected official. >> right. >> her husband is running for mayor his election. >> absolutely. >> is the judge in maryland elected or appointed? >> the judge is appointed for a 15-year term normally in most of these venues and i think that would be maryland. >> then he has to be affirmed by the voters or retained? the ageneral assembly and move on from there. >> how much do you think mosby's decision is political based on the fact her husband is running for mayor. >> i actually believe a great deal of it is political. she is in a quandary right now. she cannot let porter off the hook completely. >>ámñ)ñ if it's political. it's absolutely unconscionable on the part of this prosecutor. >> for her to come out initially with a rush to judgment against these police officers before she had all the ducks in a row.
>> it's just incredible. anyway, ted, katie, thankçñy5 you. and we'll be watching this trial. >> absolutely. and coming up, developing political news just in to fox news channel. "on the record" will be right back with that. micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher, brighter denture every day. the 2016 ram heavy duty. with best-in-class payload and 31,210 pounds of towing,
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... physical activity increases our need for antioxidants. let's add one a day men's vitacraves. a complete gummy multivitamin with antioxidants ... ... to help meet your increased needs. one a day. this a fox news alert. senator rand paul confirming to fox news channel that he will not participate in thursday's fox business network undercard debate. senator paul failing to qualify for the prime time debate but now says since he believes he is he a top tier candidate he does not belong in the undercard debate. he is even telling the "the washington post" he will, quote, declare war on the networks. now, we don't know what that means. and here is the full lineup in the prime time debate on the fox business network. donald trump, senator ted cruz, senator marco rubio, dr. ben carson, governor chris christie, governor jeb bush and governor john kasich. that's the prime time lineup. in the undercard debate senator rand paul should he decide to join them, carlie
foreignna, governor mike huckabee and senator rick san santorum. they failed to qualify. failing to qualify for either debate stage is governor jim gilmore. do not miss thursday night's g.o.p. debought on the fox business network at 9:00 p.m. eastern. if you don't know where to find them go to fox business .com/channel finder. do you think secretary clinton is worried about the email scandal? check the numbers out. 766% says yes, she is worried about it. 24% say no. and check this out. this is the best social media picture of the day. that is north carolina's newest law enforcement officer. heb der son county sheriff's officer unveiling new pair of blood hound puppies, the two 10-week old females contest local fifth graders the dogs will be train to do locate missing persons and track down suspect is. never miss my favorite pick of the day. set your dvr to record "on the record" so you can miss
it if you don't. don't forget to go to gretawire and facebook. good night from washington. >>vg @&c @&c@ the o'reilly factor is on. tonight: >> sean penn is not someone i spent a lot of time thinking about. i find it go text. >> sean penn and rolling stone magazine under heavy pressure for glorifying one of the most evil men on the planet. joaquin el chapo guzman. we have a special report. >> the hijackers who flew those planes into the twin towers were in america on visas. they were not refugees. they were not undocumented immigrants. >> the left taking a big hit because of the refugee assaults in germany. but wait until you hear the new democratic strategy on illegal immigration. we'll have a factor investigation. >> how much does a cigarette