tv Happening Now FOX News March 29, 2016 8:00am-9:01am PDT
the next plane, new orleans pelicans when kid runs out right up to carmelo anthony and gives him a hug. he laughed it off. how cute. that all ended well. we will see you tomorrow, have a great day everybody. bye-bye. give someone a hug.jon: a fox news alert on the dramatic conclusion to an airline hijacking after an egyptian man wearing a fake explosives felt forced the pilot to land his passenger jet in cyprus early this morning. welcome to happening now. i'm jon scott. heather: and i'm heather childers in for jenna lee. a busy morning so far already. unfortunately that plane did land safely and the suspect is
in custody as well. local news in cyprus showing the last of the passengers leaving the plane.go more than 50 people were on this short flight traveling from alexandria to cairo when the hijacker took over. the president of cyprus says the incident does not appear to be related to terror. jon: but it raises more questions about airport security in egypt six months after the deadly crash of a russian jet that took off from a resort in the sinai peninsula. isis claiming a bomb blew that plane out of the sky killingall 224 people on board. let's bring in michael balboni, former homeland security advisor for new york state your michael, it brought to mind the bad old days of airline hijackings when a guy with a gun could take a jet just about anywhere. it turns out not to be the case in this situation but it raises a lot of old fears . >> imagine what would happen happen in this country if we had a similar incident. got for bid there had been any
kind of incident as it was in november where a plane actually was taken out of the sky by isis but now you have a second incident which obviously says to everybody traveling into egypt they are not taking airport security seriously and that means they have not providedthe resources, the focus, the attention to the mission to make sure the traveling public is safe . jon: but in america we are so accustomed to extensive screening, having to take off your shoes, that kind of thing. in that part of the world, the standards aren't necessarily the same we are used to. >> absolutely not.for all the criticism for tsa, you have to recognize that we have invested a tremendous amount of money, time, energy to make sure we have at least the ability to screen every single passenger who gets on a plane. it is not perfect but compared to other parts of the world it is really so much better and the irony is that egypt is right in the middle of it in terms of the ability for isis sympathizers and folks, they
don't have to travel by air to get there. they can walk in the airport which is what we believe we saw in november, to be able to sneak a bomb on the airplane. jon: the problem is everything is so interconnected in the aviation world. if there's a whole, if there's lacks security in the sinai or in cyprus all of a sudden you're an hour away from europe and european flights are now vulnerable. >> exactly and everybody in the egyptian government has got to take a moment here and say what is going to happen to tourists? what's going to happen to our economy if we can't ensure the safety of folks who get on a plane inegypt question mark and this of course raises valid questions . what about security in that part of the world? jon: what do you say to people if your friends tell you hey, i'm going to fly to europe or fly to egypt. you stick to american flag carriers question mark how do you protect yourself question mark. >> i think sticking to american flight carriers is in fact a good idea.
it's not just egypt itself, it's all over the middle east. you've got to pay attention and you can't control, once you get on a plane you got to trust the folks who done the security at the front end and frankly the back and but at least you know getting on an american flight carrier there are going to be standards they have to follow. you can't make an indictment of the entire air industry across the globe. there are lots of very, very strong agencies and airlines but here when you see two instances within the last six months, it raises real questions as to who's paying attention to the issue of security in air travel. jon: the good news is this appears to have been essentially a hoax, a guy with a fake belt but it again raises so many questions. i want to turn our attention to brussels michael the mayor there admits there were lapses in security that help enable the deadly attacks one week ago today. it looks like isys was sending operatives to europe long before those bombings and the
terrorist attacks innovember. the new york times reporting today officials say the signs of this focused terrorist machine were readable in europe as far back as early 2014. yet local authorities repeatedly discounted each successive plot, describing them as isolated or random acts . the connecting to the islamic state either overlooked or played down. we had a case in this country of not connecting the dots. we connected them after 2001 but europe, it appears, is still suffering from some of the same myopia mark. >> the irony here is that as the european union is created, you've got laxer borders and you've unified europe but you haven't unified the security agencies so we have constant reports now about the fairly to share intelligence, the failure to collect within communities. the failure to build that kind
of partnership with individuals who can alert for when new people come into the community. that is so crucial in the intelligence world. we call it human intelligence. so essential in this fight against isis because they're the asymmetric individuals who come into our country. after the paris attacks and after brussels europe is having to face this incredible question of, do we know who's here? do we know what they're doing? and this with the integration, the incredible flow of individuals from syria and north africa is causing everybody in europe to step back and say are we placing the right resources and are we placing the right focus on developing that intelligence? jon: the times goes into some detail about the activities of this bill hamid aboud who was involved in the terrorist attacks and later killed in a gunfight with police but he has been recruiting people to go to syria, train and go back into europe and carry out attacks . >> so what you have there is
you have individuals, also full to identified as being the bomb makers. these essential figures in this plot and you have it over time so the question of course becomes why were they on somebody's radar screen? whywasn't there a sharing of intelligence ? there's an individual where and individual came to greece near the turkish border and materials that talk about the isis sympathy. if that individual does get on the radar screen of the border security guys, why didn't that get to any essential eyes intelligence groups within europe and the question then becomes is there a centralized intelligence unit within europe? jon: it raises questions about this country as well michael because we were just talking about aviation. it's easy for these people, especiallyif they just french
or belgian passport to jump on an airplane . what's to prevent them from pulling off a belgian style attack in this country? >> as you saw again with san bernardino and we have that threat from the homegrown radicalized individuals and of course the threat is still there from the folks who could get to the united states because it's not that far away and as you know from britain, you don't need to have visas. if you've never had contact with law enforcement or security, it makes it very very difficult to know that in fact this person is radicalized, is ready to do some violent acts in the united states. jon: michael balboni, former homeland security advisor for new york state. thank you. heather: wisconsin governor scott walker moments ago and/or sing ted cruz for president, one week ahead of a high-stakes primary there. donald trump recording a town hall in wisconsin a few hours from now and while he has not clinched the gop nomination yet, he is also looking ahead to the general election. he is telling reporters he will be hillary clinton and eight
wall street ed today. sure, it's comfortable the front-runner will implode just as it's possible all those polls showing mrs. clinton with a double-digit lead over mister trump will indeed come to pass but some of us who never thought he would get this far are a little more reluctant to be so categorical about an election that is still seven months away. joining us now david nisi, a senior of politics writer for u.s. news and world report. thank you so much for joining us. >> good morning heather. heather: let's start with that breaking news moments ago. 42 delegates ill up for grabs in wisconsin april 5 but now the governor scott walker has endorsed ted cruz. what difference will that make? >> it's hard to say because in this primary season there have been many endorsements that have made a big difference. most of the big establishment endorsements, governors and senators have gone to
candidates running against trump and we haven't seen that make a difference but i would say it is symbolically important for ted cruz today. he can say now in the last couple of weeks he's gotten mitt romney, jeb bush and now scott walker coming to his camp but he is the consensus, anti-trump candidate. i think you will hear cruz articulate that in the coming days . heather: will that make a difference in terms of getting those delegates #42 up for grabs in wisconsin. new york is next.>> we definitely do and i think the important thing to remember in wisconsin is that it is proportional so that even if ted cruz defeats donald trump in wisconsin which is campaign is confident, i can tell you in the coming days they are confident they have a lead in that state but even if he does not a victory over trump, he doesn't get all the delegates and as you said, new york comes next and new york has more than twice the delegates. i think scott walker is helpful.
he is a revered figure in that state, his presidential bid didn't work out very well but he's been reelected so i think that is helpful to cruise. i don't think it could turn it. jon: donald trump says he will reach that magic number 1237 so let's move ahead to the general election because he tried to do that and we've heard hillary clinton targeting some of her speeches, some of her comments at donald trump now.what will happen there? i know you were talking about electability. who is more electable out of the two? >> if you look at polling right now, ted cruz does perform better against hillary clinton in a general election than donald trump and that is what cruz has been hammering on. frankly if you have seen the conversation in the republican primary, it moves over the last week to two weeks about general election viability. who can win because obviously trump is the front-runner but the question now among a lot of
republicans, even those that are still looking at trump, trying to warm to him, trying to figure out if they can that get behind his candidacy is can he really went? trump's main argument is i am unpredictable. she doesn't want to run against me because she's never seen a phone like me. she'll never know what to expect running against me. the polling though right now although we are way out shows thathillary clinton would defeat him . heather: but a factor that could impact that, you have two candidates there that have high negatives. i want to bring this quote up. this is also from the wall street journal, that same editorial by immigrant. the quote says who was the voters regard as the lesser of two evils? a candidate who is dishonest and untrustworthy when distrust at government is ascendant or a candidate who is crude and inexperienced at a time when the terrorists we face are organized and sophisticated? so your take on that, they do
both have high negatives. >> yes, it's a race to the bottom is what a lot of people fear on both sides. with one of the most negative polarized campaigns and it won't be about hope and change but it will be about eating the other person and highlighting the weaknesses of the other candidate and i think that would be a big part of the trump strategy and frankly loo . it is very tough for one party to win three presidential elections in a row. we have seen that in the past. usually this should be a race that would figure, favor the republicans because of that change element going to the other party but donald trump is a variable that no one has seen and no republican ever before and that's why republican voters are restless. heather: he did not have a problem which is enthusiasm which is the problem clintonhas run into. we will see if that make a difference when we hit the general election. thank you for joining us. i appreciate your time today .
jon: a fox news alert. the campaign manager of donald trump's campaign, corey lewandowski has been charged with battery over eight report from breitbart reporter michelle fields, happened a couple weeks ago. she said she was dragged to the arm during, as she was trying to shout the question to donald trump. trump's campaign manager corey lewandowski charged with battery by police in jupiter florida. we will keep you up-to-date on that. and her death was first ruled a suicide. now ashley wallace's husband is on trial for her murder in colorado. what the doctor just told jurors about the case. the follow-up after the feds track the code on the san bernardino terrorists by phone without apple's help. we are live with that story. also, we would like to hear from you.
we just told you the new york times is reporting officials across europe missed signs that isis was planning an attack as far back as 2014 so our officials too quick to marginalize acts of terror? our live chat up and running. go to foxnews.com/happeningnow. and get your thoughts into the conversation. in my asthma treatment. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed.
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jon: right now some crime stories we are following. sen people charged in the murder of a georgia lottery winner. gregory bush was shot and killed at his home during an attempted robbery three months after you on nearly half $1 million. in the georgia lottery. a key witness for the defense at the murder trial of tom fales, the former sheriff deputy charged with killing his wife in colorado. ashley foxnews.com/happeningnow 23 died of a gunshot on new year's day for her death originally ruled a suicide but a psychiatrist just testified she was a high risk for suicide because she had trouble coping
with stress. a mississippi woman is expected to plead guilty to terror charges today which include inspiring court isis after authorities say she and her fiancc tried to travel to syria to join the terror group. she faces up to 20 years in prison. he said she said they were trying to get a romantic getaway in syria. obviously not. they cracked the code. now the big story, the fbi says it has unlocked the iphone of san bernardino gunman cited farooq without apple's help. the feds were caught in a legal battle with apple over the phone but the that gained access with the help of a third party. jonathan hunt is alive for us in our la bureau with more on the story. i jump in. reporter: the fbi refusing apples point to disclose who that third-party is and exactly what method they use to crack the iphone that was left behind by syed farook in the aftermath
of the terror attacks he carried out with his wife. nor will they say what if any relevant information they have so far gleaned from the phone. the fbi agent in charge only saying in a statement quote, i am satisfied that we had access to more answers than we did before and that the investigative process is moving forward. now in the wake of the news that the fbi has dropped its legal action, apple says the case should never have been brought adding in their own statement quote, apple believes deeply that people in the united states and around the world deserve data protection security and privacy, sacrificing one for the other only puts people and the countries at greater risk but experts say both apple and its customers are kidding ourselves if we think the information on our phones can ever be completely safe and private. >> there is a mythology around apples that the phones are
impervious to hack attack. that is no longer the case. you'll see more capabilities out there that allowcriminals , nationstates to effectively attack and penetrate mobile devices. >> and no one believes the end of the specific legal fight between apple and the government means the end of privacy versus security battle. that heather still seems likely to end up at some point in the hands of the supreme court. have a question mark. heather: jonathan, apple's argument was that they had to create some sort of what, program or piece of equipment in order to break in? >> their argument was they would have to create some sort of software that would enable them to get into the phone and that could be hijacked by any government abroad or even any terrorist groups. it seems the government has now found another way so apple may not have been entirely truthful here and the government said
jon: welcome, bumpy skies ahead for on delta employee. police say he tried to smuggle more than $282,000 in cash in his backpack. the employee was stopped this weekend at palm beach international airport after security , after clearing security. he told investigators he was being paid up to $1000 to give the backpack to an unknown person inside an airport restroom. he allegedly didn't do drop-offs for this for about a
year and earning nearly $4000, he near now faces a single charge of illegal money transfer. heather: breaking now, north korea has fired a short range missile over the ocean ã according to south korea's news agency. it is the latest in a series of missile launches by the regimes leader. north korean government media described launches as a response to un sanctions for its nuclear tests. ginny logan is following the story from our london bureau and has more. >> hi heather. the south korean military says north korea fired this short range missile from its east coast. it flew around 120 miles northeast. it is not clear exactly where it landed or what type of missile was used but this follows a series of tests by north korea of short-range and medium-range missiles. these launched from north korea in recent weeks ago the state tv footage is thought to show
an earlier military drill, the date unclear but north korea as recently boasted of a new artillery system which it says could turn south korea into a sea of flames. north korea, there has been an increase in tensions recently since north korea carried out a fourth nuclear test in january. un imposed sanctions in response to that but it's also high because of the joint us and south korean military wargames. this year they are the largest ever. north korea claims this shows preparation for an invasion but the us says these are simply defensive exercises, there are no plans for military action and today the state department again called for restraint. it appealed to north korea not to further raise tensions in the region.heather: we will see how theywill respond. kitty logan, life for us. thank you. jon: a fox news alert.
due to heightened security concerns in turkey , american families of military personnel and diplomatic personnel as well are being told to leave southern turkey. this includes families of those who are deployed to the air force base there as well as the us consulate in on donna. the ordered departure notice means the government will pay for the relocation cost of those families. it is also not clear at the moment how many families, how many people are involved here but turkey's president is set to arrive in washington to attend a security summit with president obama and other world leaders. but ominous times in turkey as a result of this ordered departure notice for diplomatic and military families. also, bernie sanders saying he hopes to help flip many of
hillary clinton's so-called superdelegates over to his side. how exactly does the vermont senator and presidential candidate plan to do that? and will it make any difference on the outcome of this race? a man goes on trial for murdering his wife for the fourth time. he is deciding this time to waive his right to a jury trial so the judge alone can decide this case. why did he do that and will the new strategy work? our legal panel weighs in.
heather: now, a quick look at what is to come this hour of happening now. the virus shutting down a computer system at a major medical provider in the dc area. medstar health. a hacker may be holding hospital records for ransom. plus, a new york man trades 12 jurors for one judge. to decide whether he is guilty of murdering his wife. our legal panel will discuss how harrises strategy and the impact of new evidence coming to light. and an epidemic of heroin and open opioid addition becoming an issue in the presidential campaign. what can elected officials do about it question mark john? jon: a fox news alert that we told you that all of the presidential candidates are headed to wisconsin for the next big primary there. hillary clinton there at the moment holding an anti-gun violence forum in milwaukee. we will keep an eye on mrs. clinton's event if she makes
any pronouncements that make news. we will certainly bring them to you live. in the meantime, the bernie sanders campaign is trying a new strategy to try to derail hillary clinton's presidential ambitions. taking on her huge lead in superdelegates. the democratic party leaders and elected officials who also get to choose the nominee, right now clinton has get this, 469 superdelegates. bernie sanders has 29. the sanders campaign thinks if it can close the gap in regular delegates by the end of the primary, some of those superdelegates might come over to his side. let's bring in korean jean-pierre, a democratic strategist and lisa booth, republican strategist and contributor to the washington examiner. let's start with you because you have some history in unraveling how all this would work in democratic politics,
it's a little different for both parties how can bernie sanders say okay, you superdelegates, you really should come over to me and not vote for hillary clinton when it comes to convention time . >> greatto see you. there's also 243 superdelegates that are completely uncommitted . while secretary clinton has 469, here's the thing. the case they're trying to make his look, they have a latebreaking momentum which is great for him as we are seeing with hislast three big wins this past weekend . jon: there were three smaller states. i don't insult you alaska but you don't have a lot of delegates. >> that's true, but by big margins nonetheless. and he has this intangible quality among their voters which is enthusiasm. when i worked on the 2008 obama campaign we recognized and saw and experienced the importance of having motivated and engaged voters.he also has as we've been seen over and over again, these new young voters , this critical voting block that is important if you are looking to expand the base and if
democrats want to win in the general election and finally let's don't forget about these national polls for the general election where he is, sanders is outperforming hillary clinton against trump by 20 points in the last hole that came out a couple days ago to her 12 and so themessage that he has going forward right now , just for the moment for these delegates is, if you want to continue the obama legacy, if you want to continue the obama agenda then vote for sanders is what is needed but look, i think at the end of the day it's important for senator sanders to get to the convention. the reason why is because look, if he doesn't get to those numbers, if he doesn't make it to those numbers he can be at the convention and do what hillary clintondid in 2008 which is talk to her voters, talk to her supporters and say hey, we need to do. we need to support obama. the question now is , will be bernie sanders supporters vote
for and come out for hillary clinton? jon: lisa, this must do your republican heart good because there's been all kinds of consternation over the possibility of a contested convention for the republicans with maybe nobody having the clear number of republican delegates needed to win the nomination on the first round. now all of a sudden bernie is talking about walking into the democratic convention and saying okay, i know that mrs. clinton might have more delegates but i have a momentum and i have the polls. lisa, how does that sound to you?>> sadly i think this is been coming from the sanders campaign. his chances of winning the nomination out right are about as slim as the strongholds he's pressing it with looking to pick up the superdelegates but the problem for hillary clinton is the fact that bernie sanders has pushed her to the left on a variety of issues. name the issue and hillary clinton spent on a different side throughout her time as candidate and throughout her
time in politics. it further exposes a lot of her weaknesses as my democratic counterpart pointed out earlier, her problem with millennial voters, with the democratic and voting blocs for barack obama when she ran further, her problems with the liberal base and bernie sanders himself has said he is not going quietly so he's going to propose a big problem for hillary clinton in making her continue tofight this, continue to battle out and continue to push her further to the left on a variety of issues . jon: korean, explain those polls. nobody has said donald trump is going to be the republican nominee but whether trump is the nominee or somebody else, if bernie is out pulling hillary clinton in the polls against donald trump, that's a bad sign for hillary clinton as front-runner isn't it? >> she's also beating donald trump in the polls as well so it's not just bernie sanders. he just happens to be outperforming her so i think the important thing is that the democrats is beating donald trump at the polls in the general election so i think that's what's important bear.
i think the problem is for the republicans not for us if we have are two contending democrats beating their potential nominee. jon: all right, so lisa, bernie goes to the democratic delegates and superdelegates and says hey, i'm really better than hillary clinton is despite what you may think and despite where you are committed? >> yes, he's not going quietly. he has said that himself. for bernie sanders, this is about principle, not about winning. for hillary clinton this is only about winning, not about principle.name the issue she's been on every side of it. hillary clinton is not rooted in any ideology or anything she actually believes. all she cares about is winning and she will do anything and say anything to try to accomplish that goal that hillary clinton is facing some incredibly difficult problems. will give even the recent court that there are 147 different
fbi agents that are dedicated to investigating her at this current moment or the fact that the fbi has given one staffer immunity. they'll be talking to others and might even be talking to her as well. the probe has been opened up to look at the clinton foundation so hillary clinton is facing not only the legal battles but also the big problems with the liberal base and millennial voters that we've seen throughout this contest and also the democrats themselves, they do not trust hillary clinton and with good reason. jon: both parties facing some interesting convention moments this summer or so it sounds. lisa booth, kareem jean-pierre, thank you. >> thank you john. heather: still to come, a major medical care provider forced to shut down his computer systems
after getting hit with a virus. next, where this happened and what it couldmean for those patients. plus, a new york man going on trial for his wife's murder for the fourth time and he is waiving his right to a jury trial. asking the judge to decide the case instead. will his new strategy work ? our legal panel weighs in. you're late for work.
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heather: new information in the case of an upstate new york man going on trial for the fourth time for murdering his wife. cal harris waiving his right to a jury trial, choosing instead to have a just judge hear the case and here's a look back at all how all this unfolded. in 2001, michelle harris filed for divorce but the couple continue living in the same house with their four children. several months later, on the morning of september 12, 2001 michelle harris reported missing by her attorney who was contacted by one of michelle's female friends. then september 30, 2005 cal harris indicted by a grand jury on one count of second-degree murder in his wife's disappearance. june 7, 2007 harris is found guilty of second-degree murder
but just after the guilty verdict a new witness comes forward claiming he saw michelle the morning after she was reported missing. arguing with another man in the harris driveway. in july 2009, cal harris granted a second trial and is found guilty for the second time but the verdict is overturned on appeal because of two procedural errors. in may 2015, harris his third trial begins but the jury comes back deadlock and a mistrial is declared. harris's fourth trial is set to begin this thursday. felice wheel, she is a fox news lenient legal analyst. bob bianchi a criminal attorney and former head prosecutor and trial attorney. wow. this case has beengoing on and on and on and he is using for it to continue but this time without a jury trial . just allowing a judge to hear. is that a good move what is his strategy . >> i've been covering it for my podcast for fox radio.com but over there, all these folks
here, defense lawyers making the case here, it's very calculated. it may be wise in my estimation because he's estimating that the jury is looking at this very emotionally. the last trial was spit fairly evenly, deadlocked as you know so he saying here, the judge is going to look at new evidence that he's produced and will be looking at this evidence on the facts as opposed to the emotion and made the fourth time around say were going to let him go. that's what he's counting on. heather: you disagree. >> this is a basic 101 criminal trial law, you are now reposing into one person.
there's been a lot of media attention, a lot of pressure. remember these judges are elected. they respond to public opinion even though they're not supposed to. instead of getting 12 people to have to find beyond a reasonable doubt that he's guilty now only one singular man is doing that. i've only done this once in my career and that was after the judge was basically telling the prosecutor he felt the case was not good and still istruggled with not going before the injury. just like the last trial he had, a couple jurors decided he was not the and that caused the home jury. i think this is a tragically bad mistake . heather: but twice beforeeven though he was overturned the jury found him guilty. >> which got reversed. prosecutions cases never get better with time the seven they don't . on the other hand if they can show new evidence, there's evidence apparently of a fire pit and why these two people, one of them now is in prison, why did they leave after her disappearance? there were things brought out after the second and third trial, legal miscommunications or legal process is not found. there are things but went to investigate, i thought cal harris absolutely guilty but the more that i look at it in this podcast, i'm going up there looking at the evidence you i don't know.
heather: no weapon has been found, there's a lack of evidence on both sides. >> and prosecution bears the burden. next let's not forget it's five years after the incident before he even gets charged. that's a major thing that fence is going to bring out. there's newly discovered evidence. i have literally been in involved in investigations where there's a divorce happening and the investigators automatically by default thought, there's a motive, there's the suspect. i stop and arrest of the husband in a brutal homicide in the county and ultimately it wasn't the husband, it was somebody else. heather: but do they do that strategically just in terms of timing of the investigation? do they look at the husband first to see if there is any family member, if there is
evidence to warrant a continued look at that person? and if not they say we will move on. >> here's the thing this tells me. if it's taken five years to make a decision, they were randomly not understanding what was going on here. it doesn't take you five years to charge somebody when you believe you have enough evidence . heather: but there were other things coming in. really getting into the weird weeds but there was a hairdresser michelle spoke to . there were a lot of things they found out down the road but then these two people now and the pit and all of that, that's evidence coming in even now but there's a lot of things that really took some time. >> and they found the witness that said that he saw her and a younger person having an argument in the driveway. >> the day after she was reported missing. >> this is something the prosecution should know about from the beginning of the case. my experience has been once an investigative decision has been made you have to slow the investigators down because it's the square peg in the round hole theory. >> . heather: is four children say he is innocent. the judge in this format, will
hear from them? >> no. >> it's not relevant heather: no character statements, nothing like that? >> character evidence, the judge will explain to them. you can find somebody not guilty on the basis of character evidence alone . >> unless they heard something that night which they didn't, there's nothing there. heather: is this the end of the road? is there a possibility this could continue? >> if he is not acquitted either if it's a hung jury or a hung judge, your judge can say that. he can say i don't know that's one of the reasons why they made a mistake here. they lost the opportunity for another home journey and here's the inertia of the case. once you get another home jury, you've lost four times. at a certain point in time the prosecution have to give up the ghost . >> this is causing him a lot of money for a very small community. speak. heather: we will see what the
jon: when campaigns meet the court of law. donald trump's campaign manager corey lewandowski is charged now with the battery of breitbart reporter michelle fields. let's pick that up with our legal panel. once again, elyse wheel, mike bianchi, criminal defense attorney and a former county prosecutor as well as a trial attorney. there is a video out there that appears to show trump moving through a crowd. this reporter shouts a question
at him and the video seems to show that lewandowski, the campaign manager grabs this reporter by the arm and a kind of yanks on her. she filed a battery complaint with the jupiter police department. and the police department investigated, apparently says there is enough there that he has been charged with simple battery. first of all, simple battery, what is it and what kind of penalties might he face? >> it's a misdemeanor which means a year or under. it's not a felony charge. it's unwanted touching. technically it's there. it's unwanted touching in a public place. but prosecutors discretion would definitely be there. i don't know if i was a prosecutor i would charge that. i would talk to the victim but when you're in a place like that and you're shouting like that and moving forward, it's not necessarily, yes, technically it's a offense but i don't think i would charge it. jon: i'm sorry, the trump
campaignput out a statement. they say lewandowski will enter a plea of not guilty. he looks forward to his day in court. he is completely confident he will be exonerated but if you're trying to run a political campaign it's not the kind of thing you want to deal with . >> this is like when i was a prosecutor, this was going on all the time during the political season. you had all sorts of people filing complaints against candidates to smear them or cause problems or controversy within the campaign. it's not something the campaign once but i agree with reese. i would be looking at all the conduct, all the circumstances. there's throngs of people out there, people shouting things, it's an aggressive environment. he puts his hands on thewoman for whatever reason so will have to hear what that defense may be . there was no serious injury here. it is a political environment. you know it's a contact sport so i don't know whether or not as a prosecutor when looking at the dynamic i would move
forward with this prosecution. jon: lewandowski due in court on may 4. we will keep an eye on that and let you know what happens. and we will be right back. >> . >> . for the strength and energy to keep doing what you love, try new ensure enlive. only patented ensure enlive has hmb, plus 20 grams of protein to help rebuild muscle. and its clinically proven formula helps you stay you. oh. nice shot. new ensure enlive. always stay you.
>> we will be back in one hour. outnumbered starts now. >> a fox news alert, donald trump's campaign manager charged with allegedly assaulting a female reporter earlier this month. this is outnumbered. i am andrea tantaros and here is sandra smith, julie richins k, catherine timmons and today's hashtag one lucky guy, alex for rare and you are outnumbered. welcome back. the breaking news fits into your area of expertise. donald trump's campaign manager having to answer in court,