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Transcripts For CNNW CNN Newsroom With Brooke Baldwin 20180426 19:00:00

constand, the accuser in this case. >> reporter: -- >> so tom maze roe, you tried and failed. the personal attacks did not work. bill cosby, three words for you, guilty, guilty, guilty! >> tom mesereau, the high profile defense attorney bill cosby brought in for this retrial after he was found guilty. there was some discussion of whether whether or not there should be bonds cosby stood up and yelled at the prosecutor saying you asshole. here's more of what his attorney had to say just moments ago. >> we are very disappointed by the verdict. we don't think mr. cosby's guilty of anything and the fight is not over. thank you. >> are you going to appeal, sir? >> yes, yes. >> yes, very strongly. >> is mr. cosby prepared to go to prison? >> no comment from bill cosby's sexual assault and harassment has changed a lot since the first trial. how much that impacted the jury in their deliberations, i don't know, they're human beings. i know they were ad monished not to allow what was going on in the culture and socially to interfere with their deliberations in the case, but their human beings. >> your accusations of bill cosby stem from an event in 1979, so we're talking obviously decades here. there has been a real sea change just in the last few months but prior to that in the last few years as more and more of bill cosby's accusers, stood up and spoke out. a number of you doing so together. how did that change things for you knowing that you weren't the only one out there who was making these allegations? >> when i came forward in 2005, i thought i was the only one until andrea constand tried to have him charged the first time, so i was jane doe number four in the original 13 jane does and i can't tell you how amazing it much do you think that has empowered other men and women? >> i hope it's empowered women. i hope they know now that this is proof that they don't have to stay silent any more. >> what do you think is going to happen in terms of sentencing? does it matter to you? >> it doesn't matter to me. i had no control over this outcome, so my purpose from the beginning has been to tell the truth and to let andrea constand know that she was not alone and none of that has been easy for any of us. we have been vilified and called horrible names by many members of the public and some members of the media, but today, in this moment, it has been worth all of that. >> patricia, appreciate you taking the time for us today. thank you. >> thank you for asking. i also want to bring in cnn legal analyst areba martin. you and i have talked a lot about the impact of these different stories, whether it is an accuser of bill cosby, of harvey weinstein, this is a -- this is a remarkable day in terms of that conversation? >> yeah, this is huge. i don't think we can underestimate erica, how significant this is for women. i've been a civil rights lawyer for two decades. i've watched what has happened in this country around sexual assault how this movement has evolved and to see someone like bill cosby convicted is monumental. we have to remember that the prosecutors in this case, the original district attorney refused to file charges and there was a lot of back and forth between the prosecutors about whether there was substantial evidence, whether constand was a credible witness and we saw cosby's new defense lawyer, his new defense team go after andrea constand and the five other women really hard, really challenge their credibility, and despite that, the jurors still found that andrea constand was telling the truth, that she had a credible story to tell and that bill cosby was guilty of what he was charged with. so this is incredible. we've seen men fall. we've seen men lose their jobs and careers but we've not seen a man in recent history, particularly a man of bill cosby's stature being convicted. three criminal convictions, facing up to 30 years in prison, this is a significant sea change in the whole movement to keep women safe and free from sexual harassment and assault. >> cnn jean casarez has been covering this from the very beginning extensively. she joins us now from pennsylvania as we wait for this press conference with the prosecutor. jean, you had been in that courtroom, you have witnessed a lot of this first hand, no cameras were allowed. you have been an incredible set of eyes and ears for us. >> reporter: we're getting word that this press conference is just about to begin with prosecutors. we do understand that andrea jurors for their diligence, the sacrifices that they made as well as the sacrifices of their families so that they could serve in this important duty that they did. so today we're finally in a place to say that justice was done. as prosecutors we have a responsibility to seek justice and we have to go wherever and to whomever it takes us and to begin, i want to step back to a point that was pretty desighive in this case and that's when the judge released the civil case deposition and indicated in his opinion that the defendants deposition showed the stark contrast between bill cosby, the public moralist, and bill cosby, the subject of serious allegations concerning improper and perhaps criminal conduct. at that point the prosecutors, who are here to do the right thing and specifically my predecess predecessor, opened up and reopened this investigation. so that's a duty but that duty took courage because she had to open up a case against a powerful man, but i can say definitively that -- that's one of the things that is done over and over again in the montgomery county district attorney's office. we have shown from our record that money and power or who you are will not stop us from a criminal investigation or prosecuting a case. what was revealed through this investigation was a man who had spent decades preying on women that he drugged and sexually assaulted and a man that had evaded this moment here today for far too long. he used his celebrity, he used his wealth and his network of supporters to help him conceal his crimes, and now we really know today who is behind that act, who the real bill cosby was and a juror has spoken with one voice, in a court of law and found the defendant guilty of drugging and sexually assaulting andrea constand in his home. there's a number of people up here and i'm going to try to address as many of this as i can. and the most important person in this is andrea constand. where are you? there you are. 14 years later it may be easy to forget that she was that first courageous person that stood up in public to go to the authorities and say that bill cosby drugged and sexually assaulted her. her courage and resilience in the face of horrible and unfounded attacks upon her and her family has been so inspiring to all of us. we thank her, we thank her family, we thank her mother gianna for trusting us through this process of prosecuting her attacker. standing next to her there is the dolores triani who were the ones that were asking the questions in that deposition that the judge obrano was referring to that got us to the point where we were able to reopen this case and seek justice. and standing with her through this whole process has been a lot of other courageous women who are willing to stand up and tell their stories about being drugged and sexually assaulted or raped. 19 were willing to stand up with us in this prosecution, take the witness stand and we are humbled by the courage all of them showed and we can't help but applaud and celebrate the courage of the five witnesses that had a chance to face bill cosby in this case, to tell the jury, to tell all of you, what he did to them. so heidi thomas, shallon lasha, janis dickerson, janice baker-kinney, the public thank all of them, i called each of them after the verdict was not able to talk to all of them, but they they know what they've done and they know what their courage helped all of us do. so supporting all of these women have been the victim advocates, the victims groups, the womens' group, the antirape groups and so many others and each of these groups play such an important role in supporting these women and helping them to heal from the ordeal that they have been put through. those are the people we all owe a debt of gratitude too today for their strength and resilience through this entire process as well as every day, because they stand with us, they work with the victims and they make a difference in their lives. i'm very grateful to stand here before you with this team and again, it's not all of our team, who worked to see that justice was done, but we had to overcome many legal hurdles that were thrown at us by various defense lawyers who have been on this case for the past 28 months. this time from the lawyers of four different law firms and each step of the way, we fought for the opportunity for the victims to be heard. the opportunity to get this case to a jury, an opportunity to be standing before all of you after hearing the defendant had been convicted of three counts of aggravated, indecent assault. this team has been incredible. i can't say enough about the prosecutors, the detectives, dedicated staff who despite everything that was thrown at us, at them stayed the course. i own the ball and work today get us here today and i'm so incredibly proud of these talented people. their committed always to do the right thing for the right reasons and i'm going to have to start with, i think, i heard them referred to recently as thunder and lightning. so mr. ryan here on my left, he heads our family protection unit and he's prosecuted a lot of cases, sexuality assaults, rapes and those who have been drugged in sexual assault cases. he's been with our office six years and just is one of the best. you saw some of that talent coming across throughout this trial and -- and i got reports on how i looked as i was watching what they did. and -- the other thing i enjoy doing is coaching and, you know, you get to these points where you work with kids, you work with young adults and you get to that point where you put them out on the field or on to the court and there's not much you can do at that point other than watch and i could not have been more proud of what they did, throughout this whole thing and some of the cross-examination that you all got to see and some of the quick witted remarks were something. i think even caused the jurors to laugh when testimony was being coming back on things where they had the -- the ability here to close, and kristen here, so we wouldn't be here if not for her and i say that because when -- when we came back to look at this case, reesa and judge furman now asked kristen and some of our team to go to toronto to meet with andrea and that was a difficult task and when kristen came back, she was adamant, adamant about what we should do, and we moved forward and it was the right thing to do and she has stuck through this the whole way, and she had an opportunity, which was kind of a bad day for me when she had a great opportunity for her and her family to go to an excellent law firm, stradley ronan and we talked a lot and kristen did not want to leave this and not see it to the end, and we talked to bill sasso the chairman of the firm who we all owe a debt of gratitude too, for allowing her to stay on with us and stay with us through this case. and -- and you have seen the results of that. she, like, like mr. ryan here has prosecuted so many sexual y assaults and domestic violence cases and i couldn't have found two better partners and two better people, two better prosecutors to walk this journey with. their commitment to doing the right thing has been extraordinary, and i got to talk about this one and the one on the end. our deputy district attorney, bob fallon, the captain of our appellate unit adrian jappy. we have seen what seems like hundreds of motions from the beginning when these charges were filed throughout the last days of trial and these incredible, legal minds have found the law that we needed to support our positions despite those many law firms and many lawyers that have made it difficult for us to get to this point. they've supported our positions to keep it moving forward. they have kept up with everything, all of these lawyers have thrown at us and did it with just amazing grace. you've seen them in court. you've seen what they can do and there's been some pretty memorable writing along the way from -- from each of them and you all saw a difference maker too when the judge ruled that we could bring prior bad acts in, adrian handled that argument and just did a stellar job to get us in the position we're in. our law enforcement community, some of them are up here with me, all the folks from shade with our department and detective reap who i heard it may be your birthday today. yeah. we're all going to sing happy birthday now. these detectives worked really hard to reopen this case and throughout the whole process, and i couldn't be more proud of the entire investigative team. they are -- they're supported by the lieutenant from our major crimes, chris cooklyn, deputy chief, mark byrne who has handled so much of these investigative efforts, chief gallen and all the support that they provide and have picked up in this. beyond the guilty verdict, there have been some other, i think, important outcomes in this case. as we understand, this has been important for sexual assault victims everywhere. but we did this case because a crime was committed against andrea constand and it happened in our jurisdiction and that was our duty to move forward on, and when you look at this and look at what andrea has done to stand up and declare what happened to him, she has been a major factor in a movement that has gone in the right direction finally, and her quiet courage and her actions through this have helped victims to stand up and tell what happened to them and i think now there's tremendous awareness of how these crimes have been covered up and papered over for the years and i hope and i pray that our actions have shown that we will stand up with those victims and all women that are out there standing up and telling their truth, i, we, support them and encourage them to keep it up and i hope now everybody recognizes that here, you're going to be treated with dignity and respect through the process. another outcome has been increased. look at rape myth or the myth of sexual assault especially by someone they knew or trusted will immediately report it to the authorities, that they will behave in a certain way or they will never talk to anyone again, we've dispelled that here and that's because that's false and that's not always the way it goes. too often these types of crimes, sexual assault do not get reported especially a case in where a drug has been used, an intoxicants so the victim does not have a clear memory of what went on, so we hope that this case sends a strong message that the victims of these types of crimes can come forward and be heard on what happened to them. so there was a defendant in this case, the next steps. a sentencing date will be issued by the judge. that is typically within about a 60 to 90 day period of time on when the sentencing date will come. in the interim, he'll be looked at and assessed in a couple ways. there's a presentence investigation that will be done. there will be a sexually violent predator assessment that will be done and all of these are standard procedures in these types of cases. these assessments will then be used by the judge in determining the sentence and that sentencing hearing. we'll have the opportunity to put evidence on as will the defense. the defendant may be facing years in prison. he was convicted of three counts of this, so technically that would be up to 30 years, however, we have to look at merger of those counts to determine what the final maximum will be that he is facing. so in addition to jail time and i mentioned this because there's been some things that have been asked about it over time and -- you know, typically what is done in a case is that a defendant will be assessed and all of these things will be looked at in terms of a sentencing but when a sentencing occurs, there's also an assessment for the cost of prosecution. we expect that we'll be arguing that the cost associated with both the trials, the sequestration, the sheriff's costs for this will go to the defendant and i will be relying on defense counsels opening remarks in this when he was talking about $3.38 million being a paltry sum or simply a nuisance, so clearly the cost of prosecution in this matter should not be a problem for the defendant. dolores, you wanted to say something here so let me get out of the way. >> good afternoon. i know it's going to be disappointing to you but i have the privilege of speaking for andrea and andrea will only -- will not be speaking today. only i will. first of all, we have to thank the montgomery county for doing what they have done, kevin, kristen, stuart and the many, many lawyers in the d.a.'s office who have been diligent in bringing about this just result. i can't even begin to name all the people who have worked on this case. we also -- and i'm doing this on behalf of myself and my cocounsel who unfortunately moved to philadelphia is probably stuck on the schuylkill expressway as we speak or she would also be here. we want to thank all the police officers who have dedicated themselves to this case. detective reap, sergeant schaffer and the many others who are unnamed who all contributed to what has happened today. most of all, i want to express on behalf, if i can, the gr gratitude of so many women that admire andrea for her courage. she came here 14 years ago for justice. i am so happy today that i can say, although justice was delayed it was not denied. it took a lot of courage for her to come back and to do this. there are so many people who have expressed their admiration for her, the millions -- and i do mean millions of people who have admired her courage, admired her calm, admired her demeanor and i'd ask you to bear in mind that when something like this happens to someone, male, female, whoever, they have to work every day to be happy. something that we all who have been fortunate in our lives and not been victimized do not have to do. and when you see andrea and you've all commented about how calm she is, how graceful she is, that's something she's had to work out every day since january of 2004, probably january 6th or 7th when this happened to her. this is a life altering experience for any woman, any victim and the person who i think needs to be heralded for what she has done is andrea. thank you. >> we'll take questions. >> you were in the moment as this verdict was being read, take us back please. i know there was an exchange with the defendant immediately after, but in those moments, what was going through your mind, please? >> well, i've been at this for a while, 25 years and when a verdict comes back you're always anxious on what the result was going to be. i keep the verdict sheet in front of me and i checked them off as they were read. it's a solemn moment because it's hard work for a jury, 12 ordinary folks from our community that came in and served and so i didn't react. i won't under those circumstances and we heard the verdict, and i'm just greatful for what they did and that they stood up for what happened. i have never seen the type of attacks that were levied on people that were coming forward to describe how they were sexually assaulted and when that happened, i was concerned. i was really concerned that -- that we're not moving past the vest vestiges of what happened. they listened to dr. ziff, they heard what was real and what was false and they were strong when they came back. they were polled, meaning that every one of them was asked whether they agreed to the verdict and all i heard from each of them was strength and i'm grateful for that and grateful for what they all did and the commitment they gave to montgomery county, our citizens, our communities and this -- this is bigger. >> during the discussion of bail, an incredible outburst by the defendant throughout your opening and closing statements, you've said this is not dr. huxtable, this is not america's dad, is that the man you were speaking of? >> i guess you got to see a brief view of who he was. that's just him acting out. i think everybody got to see who he really is when each of those prior bad act witnesses got to testify. the guy -- the guy was an actor for a long time and it was an act -- it was an act. we got to see who he really was, so -- >> kevin, standing here before us you speak with emotion in your voice, especially in talking about andrea, you speak with tears in your eyes, describe emotion alley what this process has been like for you especially the critics who did not think it was retrying this case? >> look, this is -- this is about our duty as prosecutors and it's -- it's really not that complicated. it's about doing the right thing. we had to investigate a case, we had to make determinations on what happened and then move forward and that's our job and that's our duty and we -- i hope that it in as grateful way as we could despite what was being thrown at us and being thrown at a number of people, but i'm not going to get into nonsense with him on this. >> do you think other prosecutors will look to this case in dealing with allegations of sexual assault? >> i don't know. i can't speak for anyone else, but i can tell you, it's been an interesting start to becoming district attorney. i've had -- i've had a couple cases here that have been with powerful people as most of you know. i tried a case where the chief law enforcement officer in the state had committed crimes and we had to go in and that's not the most comfortable place to be when you have to tear apart your profession in some ways because she was a prosecutor, but i think that's just an example of, we're going to go where the investigation's take us. we are going to look to see who has committed a crime and whether they're powerful, whether they're wealthy, whether they have evaded the law in the past, we just have to do our jobs and i hope, if there's anything that comes from this is, is that, you know, you can move forward on these cases and when you do, you know, i've now had two jurors stand up against the powerful and say guilty on every single count that has been alleged against them and i think that's a recognition of the fact that we're doing the right thing and the fact that the jury's understand the significance of this. >> are you going to continue your attempts to get bail revoked for mr. cosby before sentencing occurs? and express what your concerns are about -- >> and i said it in court. i'm concerned when there is somebody with the wealth and the aspects of, you know, being a potential risk of flight because of what he's facing. the judge made a determination and i respect his determination that that could be satisfied by him remaining in montgomery county for the present and we'll have to take a look at it. >> it's not necessarily a closed issue for you at this point? >> no. these things never are. we have cases every day where people are out on bail and they commit new crimes or they try to flee or they do something along those lines. we just have to be vigilant and make sure that we're keeping an eye on every aspect of this so that we can be prepared if something like that happens. yes, sir? >> a number of legal experts have pointed to the 404 b witnesses of being a potential vulnerability on appeal. can you talk about how you're ready to defend against that and do you feel confident that that's not going to expose you to problems on appeal? >> so i mentioned them before. we have our deputy district attorney bob fallon, captain of our unit, adrian jappy, i'll put them up against anybody. anybody. and they walked with us through this and we asked for 19 and we felt that we had the grounds for 19 or otherwise we wouldn't be asking for it, so we're appreciative that five women got to voice what occurred to them in the courtroom, but this is a case where there were so many more. >> do you expect to have some more women testify at the sentencing? would that be the appropriate place for more victims? >> potentially. that's something and i'm not going to say today what we're going to be asking for in terms of sentencing. that's all the assessments that need to be done, so you do the presentence investigation, you look at, you know, what these assessments developed. you speak to victims. they get a voice in this and they should have a voice in this to make a determination of what the appropriate request is at the time. so that's all the process that we'll be going through in between now and when the sentencing date is. >> is it a place for more victims potentially can be heard? >> potentially can but it's also an area that is somewhat gray in pennsylvania to be able to do that, so we've heard testimony in effect from five of the women at this point, so i think that goes into the consideration and we'll be assessing it and our appellate unit will tell us what we're allowed to do and not allowed to do. >> have you -- has your office been approached by any new cosby accusers since the trial began? >> i can't speak about investigative matters. i'll leave it at that. >> mr. steele, this is a vastly different trial than the first one. speak if you can about the importance of having those five women allowed to testify, the additional accusers and counter acting the defenses claims of -- [ inaudible ]. >> you all got to hear from someone who i think very highly of, dr. barbara zeiv and the legislature in their wisdom has given us the ability to have somebody who is an expert in this area educate a jury and you saw that as our number one witness, our first witness in this case, and i think in the process she was able to explain the situation and then, when you heard from the different people and you saw what the defense was trying to do despite those sexual assault myths that lie out there, there's a recognition and again i hope it's not attacked, it's continued, because it didn't work. and it is a situation where it was a different trial. we were able to do that on the front end of the case and i think -- i think that's the benefit of having done this once before. >> without the legislature making that change, only a few years ago to allow someone like dr. ziev, you wouldn't be able to call her to the stand? how critical was she in your conviction today? >> i think that would be a better question for the jurors on how impactful she was, but to us it was very important and it's something that we kept going back to and looking at and kristen did the direct examination from her, but we went back to that report that she did a lot, because it was significant in showing what the real science is behind this and how this -- how this goes and dr. valiare who testified in the last trial about this, she's another great expert in this arena and you think it's important that these messages get out, that that's what this is and maybe at some point we won't need to put on an expert to educate a jury because we'll all recognize that those sexual assault myths are not real and we should be looking at everything that happens to somebody who has been sexually assaulted. >> any chance that margts rit jackson could face perjury charges? >> can't talk about investigations. >> can you talk about the difference of having a local jury as opposed to an out of town jury and whether that had an impact or made a difference? i'm not saying -- this jury seemed different. they took a lot of notes. they really were paying attention, so did you -- do you think that had an impact as a montgomery county? do you think that helped? obviously it helped, you won. >> i appreciate being on my home court. >> okay. >> i do. it's -- we have a great community here, we have a community that supports law enforcement, we have a community of people that sacrifice so much, to think going into this you're going to be removed from your family as the defense kept saying for a month, is a huge sacrifice to make but they're willingness to do this and as you said to pay the rapped attention they did to every step of the way, we're just grateful and i'm grateful we live in this community and i'm grateful that we get to choose jurors like that who do the right thing and right thing. that's what happens here and it happens over and over again. it was great being on our home court. >> what is your message to prosecutors in other jurisdictions, new york city, los angeles, chester county who may view the cases historically as very different to prosecute? after today, what is your message to any prosecutor who may be on the fence about pushing forward with a case of this nature? >> i'm not here to send messages to my colleagues. we are in a great community of prosecutors, particularly in pennsylvania. and i get to work with them through the pennsylvania district attorney's association and all i can tell you about that is the incredible outpouring of support that i have gotten every step of the way along this journey that they have been great and, you know, i look at, you know, our colleagues in the attorney general's office, you know, and how they have walked this walk with us. michelle henry, for example, who tried the cane case with me. you know? each step of the way these folks are here to support. so i don't think it's any need or time to send a message to all of them. we're all working these cases together and each person has to deal with it in their own jurisdictions. >> mr. steele, what is your thought to victims? in your closing argument, there were character assassinations in that courtroom and if someone feels too scared to come forward at this time, just a chilling effect. >> i hope the end result will not cause somebody to refrain from coming forward. because we got to the right result in this. and yeah, it's difficult. and people were put through character assassinations. and it was very difficult to sit through. and watch. but you also saw what the jury did in the end. and i hope that people recognize that you got to show courage like this lady did. like she showed courage. she stepped up. she went forward. and -- and we got to the right result. and she stayed through this. you know? she didn't have to start down this journey with us. she didn't have to come here for the first trial. she didn't have to come here for the second trial. but she did. you know? and i think that means so much and i hope that others that have been victimized understand that and see that courage and see where it can get. because for all of us it was just about doing justice. you know? and sometimes you feel like that's just us. that is looking for that. and you got a lot of people working against you to that end. but despite each of these legal hurdles, these things that happened across the way, you know, we got here. and we got to all sit in that courtroom and hear the defendant convicted of all of the offenses. you know? found guilty. and i think that's important for victims to know and understand. that we're going to stand with them. we're going to walk this journey with them and do the best that we can and treat them with dignity and respect. >> you talked about what that was like being able to mark off on your sheet for each count guilty, describe the moment when you were able finally able to turn and face andrea after you heard the verdict. >> i waited until we got upstairs and i gave her a hug. >> kevin, which of the hurdle is it knowing that, you know, the d.a. at the time in 2005 declined to prosecute and, you know, you guys made a point of apologizing to andrea in the closings and thanking her which i thought was pretty powerful. how do you think she was treated back then? you talked about right in the middle of the investigation when pulled the plug. he didn't even have the courtesy to know they were pulling the plug. found out from reporters on the doorstep. press releases and threatened with arrest basically herself. and they were threatened with arrest. you had other hurdles to overcome. what was that like for you guys? and how do you -- >> all i'll say on that was on behalf of our office we are sorry for what happened then. but we got a chance to make up for it. and we hopefully have. we hopefully have. so -- all right. thank you, everybody. >> thank you. >> one word. >> so you just been watching the press conference there with montgomery county district attorney kevin steele a. couple of things that came up, the deposition of 2005 with bill cosby and related to andrea constand's allegations back then and the other talk was about the five other accusers who were allowed to testify. what do you think was more powerful here for that jury, bill cosby's own words being read to them where he talked about quaaludes and sex and drugs and alcohol? or was it these other witnesses, these prior bad act witnesses? >> i think it was both. i think that cosby's own words let the jury know that this was not dr. huxtable from the television show but a human being who was fatally flawed in many, many ways and then the combination of his own words sort of coupled with the testimony of the women who found the same pattern of behavior as the main plaintiff in this case, ms. constand did i think was very instrumental in helping the jury understand what happened here. but i think what was very important from a trial strategy standpoint was the opening of the case with dr. ziv. remember, she is the forensic psychiatrist who talked about the rape myths, how women behave after being sexually assaulted. so they started the case by educating the jury. this is how people behave in the aftermath of these cases and it is not always consistent and it's not like television where they call the police immediately or things of that sort. so i think the combination of the introduction of forensic psychiatry with his own words and the prior bad act evidence leading up to andrea constand's testimony was that which convicted him in this case. >> cnn's jean casarez with us, as well. you have been there from day one of the earlier trial, even, jean and you were in the courtroom for much of this. was it a different feeling in that courtroom? >> reporter: there was a different feeling and i was in the courtroom for both trials. the different feeling in this one was that, you know, trials have momentums on both sides for the prosecution, for the defense. but in this trial i felt a continual momentum for the prosecution. it was just a feeling that i had in that courtroom. now, of course, the trial started out after the opening statements with dr. ziv who was a sexual assault expert and that was someone that talked about the character of a sexual assault victim. but then you started having the prior bad act witnesses. one after the other. and, you know, maybe that added to the momentum at the beginning and strategy on the side of the prosecution to do it in that manner and then you have andrea constand. so that set the stage for the rest of the trial. >> in terms of those prior bad act witnesses, this was brought up during the trial and a question to the d.a. earlier. tom mesereau said they plan to appeal. the d.a. was asked about concerns using all five of the witnesses. michael, on appeal do you think that could be an issue? >> so the rule in these prior bad act cases is whether or not there is motive, intent absence of mistake or common scheme or plan and i think that this fit the common definition of bad act evidence. i think they will have a hard time overcoming the ruling of the court to allow this evidence in because the pattern of behavior between cosby and his victims and cosby and his own words i think set the legal predicate for the judge allowing

Transcripts For FOXNEWSW Shepard Smith Reporting 20180821 19:00:00

A newscast reviewing and analyzing top stories of the day as they happen. going to plead guilty but there's no cooperation agreement. they've been hoping for that, but there isn't one. what does that say in the bigger picture for the mueller investigation regarding the president, if anything? >> that litany you just laid out is correct. what it doesn't give the mueller investigation is any information mr. cohen has specifically about the payments to those women. not so much the taxi medallions. that doesn't interest mr. mueller. but certainly the women, the money paid for on behalf of candidate trump. you're depriving mueller of that inside information and you have to make the case some other case. if there's no criminal case to be made against the president, certainly a report to congress. >> shepard: either way, the items seized in the raid, if you will, on those three properties, those items can be used by the feds what ever way they chose to use them because they were legally obtained. >> you're right that is fair game for any prosecutor anywhere in the country, certainly mr. mueller. >> shepard: good to talk to you. thank you. >> certainly. >> shepard: the other breaking news we're following a live look at allentown, pennsylvania where the district attorney is announcing the first charges to come from that bomb shell grand jury report on predator priests in six of the eight diocese in the state of pennsylvania. could justice finally come for some of the victims that have waited so long? we're monitoring the news conference and have developments in this hour. first, still waiting a verdict in the trial of president trump's former campaign chairman. jurors asking what it means for the entire verdict if they're not on the same page on at least one of the counts. we'll head to the courthouse for the new developments there. we're continuing to follow a jet that has been circling four hours now after it blew tires on take off from teterboro, new jersey in route to london. among those on board, rapper post malone that last night won the record of the year at the video music awards. that emergency landing is coming at some point on a breaking news day on fox news. feel the clarity of non-drowsy claritin and relief from symptoms caused by over 200 allergens. like those from buddy. because stuffed animals are clearly no substitute for real ones. feel the clarity. and live claritin clear. courthouse in alexandria, virginia where the jurors asked the judge what they can do if they can't agree on a single count against the president's former campaign chairman, paul manafort. in a note to the judge they wrote "if we cannot come to consensus on a single count what does that mean for a final verdict?" the judge told them to go back and go about their business. but then after the -- and continue deliberating. after the jury left the room, the judge said he would accept a partial verdict, not information that he gave to the jurors. paul manafort faces 18 counts connected to lobbying work that he did for a pro russian party in ukraine. he's pleaded not guilty to all charges. peter doocy is outside d.c. live. >> shep, the wording of the letter that the jury sent the judge is somewhat vague. it's not clear that they cannot come to a consensus on one of the 18 charges or if they can't come to a consensus on any of the 18 charges. >> are you dead locked on every count or one count? >> we don't know. >> today i have spoken to someone that saw the note from the jury. they said it was edited. a word was crossed out. so the regional question from the jury is what happens if we can't come to an agreement on any of the charges. the judge said this has happened before and even though he can accept a partial verdict, he told jurors to go back and review all the evidence in this case and try to get 18 unanimous verdicts. shep? >> shepard: how did the jury react to the judge's instructions, peter? >> one of the jurors nodded his head quite a bit when the judge told the entire group, all 12, that they need to respect the minority opinion among the jury and the judge said you're not partisan, you're judges, you're the exclusive judges to the credibility of the witnesses. first thing this morning before the note indicated that there might be a problem, paul manafort looked to be in very good spirits, which is unusual for him here. he was laughing, patting his lawyers on the back, a source close to the team said he's in good spirits because the deliberations have stretched passed the two days that he thought the jury was going to take. his legal team is off site with mrs. manafort, waiting for a call from the clerk that there's been another note or something else. shep? >> shepard: peter doocy monitoring developments. thanks. we'll continue with that. ahead, a former prosecutor and current defense attorney says today's developments in the manafort case may not be good for his defense. i'll ask him why after this. dear great-great grandfather, you made moonshine in a backwoods still. smuggled booze and dodged the law. even when they brought you in, they could never hold you down. when i built my family tree and found you, i found my sense of adventure. i set off on a new life, a million miles away. i'm heidi choiniere, and this is my ancestry story. now with over 10 billion historical records, discover your story. get started for free at ancestry.com watch this... i want to vote for... obviously not you. ooh that guy... cast your votes during every live show. just say "vote for agt" into the x1 voice remote. >> shepard: more now on president trump's former campaign chairman, paul manafort. we await a verdict in his case for tax fraud. let's go to bob bianchi. so a jury passes a note. what do we do if we can't get a consensus? it looks like they reached a number on the 17, but i guess deliberations continue. >> yeah, we play this game all the time as trial lawyers trying to figure it out. when they come back and the judge gives the charge and says to them, you try to come without doing violence to your judgment and respect minority opinions and they say it's about one count, that was a game-changer. that is a gone-through and due diligence, meticulously going through a document dump that the judge threw in there. they had to piece the documents together. they went through it all. just seems like they're hung up on a charge. i would suspect based on the evidence produced that the tax case is solid for the prosecution and those will be all guilty verdict. maybe they get a hung jury and a mistrial on one or two charges. i suspect they come back today or tomorrow. >> the question is how long do you get for this? i guess the foreperson will go, hey, we keep trying this, we can't get there. here's what we've got. would they present the verdicts as reached from the charging document and decide whether they would go back and work on the last charge? in other words, we would know most everything relatively soon? >> i think the time will give the allen charge, where the judge will say listen, without doing violence to your judgment, can you foreperson, come to a conclusion, do you think further deliberations will be useful with respect to the counts that you cannot come to an agreement on. if the consensus is if they can't, if it is in fact the number of counts where they made a finding, guilty or not guilty, he will take a partial verdict and mistrial where the charges they couldn't come to a conclusion on. >> shepard: this is really the beginning for paul manafort. there's another trial coming. that has more to do with activities with the president. this has nothing to do with it. >> right. sure. they got manafort in a bind here. if he gets convicted, here's the play, shep. it will be interested if prosecutors or the defense comes knocking and says, hey, you know, maybe we should talk before that other trial. they have him in the breach at that point in time if he gets convicted on any of these offenses. he has all the reason in the world to cooperate. >> under sentencing guidelines, you get a sentence north of ten years under sentencing guidelines. >> absolutely. the judge will have a huge amount of discretion here. the judge is an interesting character. he wasn't friendly to the prosecution. challenged the prosecution in front of the jury, which was detrimental. i've had it happen. it's an ugly thing. who knows with this judge and his personality would do when there's ultimately a lot of discretion with regard to sentencing. he's up to the ten plus point if he gets convicted of the tax case. >> shepard: on just this trial. >> yep. >> shepard: thanks, bob. the other big stories with new developments. we'll go live to iowa for the terrible ending and a month-long search for molly tibbets. her father says that investigators have found his daughter's body. cops say the dad charged with killing his family in colorado was cheating on his pregnant wife and he's accusing her of strangling their children. also, there's word the russian group accused of hacking the 2016 election has struck again. just months before the mid-terms. what we're learning about the targeting coming up and in addition continuing to track the small jet with 16 or so people on board, including post malone, as it waits to make an emergency landing 4 1/2 hours from teterboro. stay tuned. since my stroke, he hasn't left my side. with the right steps, 80% of recurrent ischemic strokes could be prevented. a bayer aspirin regimen is one step to help prevent another stroke. so, i'm doing all i can to stay in his life. be sure to talk to your doctor before you begin an aspirin regimen. land in an emergency landing at stewart, new york, sometime in the next ten minutes. we believe it's shorter than that. they've been burning off fuel. i mentioned the rapper post malone is on board. we mentioned his name because he's a famous guy you might have heard on. he won song of the year last night on the video music awards sources tell fox news that a few minutes ago, this is a straight-up guilty plea. we don't know which charges that he's pleading guilty to. he has been accused of campaign finance violations or investigations for campaign finance violations and loans on taxi medallions. we're told whatever he's pleading to, it's a guilty plea and includes jail time. michael cohen has agreed for three to five years in jail. he will be going away. we don't know if he will be taken this afternoon or if the judge will give him some time to get his affairs together. looks like michael cohen will spent three to five years in jail on a guilty plea on charges that were brought by prosecutors from the certain district of new york. the fact that he's pleading guilty would seem to indicate according to sources that i've talked to there's no possibility that michael cohen is going to flip on president trump. if there was some inkling that he would flip on trip, he would have chosen some sort of cooperative deal. one source i said there wouldn't be any flipping because he has nothing to offer. he has no dime to drop on the president. so this michael cohen part of this whole investigation could well end within the next half hour when we learn details of the plea agreement and we find out exactly what his fate is going to be. at this point, looks like michael cohen won't be a witness for robert mueller. >> shepard: thanks, john. that is happening here in new york city. we're expecting that this proceeding will begin 30 minutes from now and we'll have live coverage from lower manhattan. let's go to a.b. stoddard at real clear politics. your take on this, a.b. >> well, i agree with much of what john roberts is reporting except that in assessing how this is potentially linked and connected to president trump, we'll have to hear what he actually pleads guilty to today. he obviously is in trouble for some financial crimes. if there's campaign finance violations that have to do with stormy daniels or karen mcdougal on pay-offs connected to president trump that links a crime to president trump, we also don't know what -- although this is a case of the southern district of new york involving misdeeds, we don't know what the mueller probe could uncover from this investigation and these pleadings that might speak to other issues connected to russia. michael cohen was involved with the trump organization. he was involved with deals that the trump family made. we don't know yet what is going to be revealed to investigators if not probably from michael cohen's guilty pleas. >> shepard: maggie haberman from "the new york times" reports that this agreement to plead guilty involves at least in part payments by michael cohen on behalf of president trump to stormy daniels and possibly others. >> right. this is the known direct link. that he was the fixer, that he likely did this in order to hide these revelations before the election in order to stave off some kind of political harm for president trump and president trump has not told the truth about whether he knew or didn't know. he said he didn't know about the payments and rudy guliani went on fox and told sean hannity that he did know. there's a lot of confusion about that. what i'm talking about with these other things, michael cohen -- this does not preclude him from telling robert mueller as he said six weeks ago, he might. not that he's a credible witness in every case here. but that the president was aware of the trump tower meeting before it took place. so just because he's not making a soup to nuts agreement that gets him out of prison time doesn't mean that in some way the overlapping and connections to president trump and exposure to president trump ends with the payment to stormy daniels. >> shepard: thanks, a.b. >> thank you. >> shepard: live coverage, top of the hour on fox news channel as the court proceedings begin. we'll learn then the details in the manafort case. first, the same group of russian hackers that meddled in the election in 2016, about that we're certain. that same group is now trying to do it again before the mid-terms. that is the word not from the government, but from microsoft which reports that it uncovered the latest hacking attempts. the latest target, the u.s. senate and conservative think tanks that have criticized president trump and called for sanctions on russia. no big surprise. the claims are called unfounded by vladimir putin and it's unclear who the hackers are. it's not unclear. microsoft president says there's no doubt, none at all, that it is the same group associated with the russian government that hacked the clinton campaign and the dnc. this all comes weeks after the democratic senator claire mccaskill of missouri revealed that russian hackers tried to break into her senate computer network. she's running for re-election in a red state. susan lee is here. we're told this would happen and alas, it has. >> microsoft has discovered six fake web pages that were meant to mimic conservative institutions even the u.s. senate. how the scam worked, you were sent e-mails to your inbox. you click through them thinking they're from legitimate institutions like the republican international institute. you were redirected to fake web pages. the hackers use your security codes to get to other sources. we asked about this. >> i think the smart thing for us to conclude as a nation is that everyone across the political spectrum is vulnerable and potential target of attack. we need to put aside enough of our differences to come together to do what it takes to defend the democratic process in this country. >> microsoft has shut down 84 accounts the past few years. earlier this summer, facebook said they shut down 32 pages on instagram and facebook. they said they were fake and meant to basically divide the nation on progressive issues. technology companies, as they have been warned since we're three months away from the mid-terms, they need to be vigilant and on alert for russian interference in the vote. >> shepard: as i mentioned, microsoft's president said there's no doubt. >> no doubt. the kremlin denies this. >> shepard: okay. >> the national security adviser, john bolton is again saying yes russia could be one of the countries. watch out for north korea, china, iran to meddle in the mid-terms with under three months to go. all those security and intelligence officials say they have seen no hints of any other countries possibly trying to meddle. >> shepard: thanks, susan. while we wait for developments on the michael cohen plea deal, we're watching big news, including ending to the search for molly tibbets. bob tibbets tells fox news that investigators have found his daughter's body. we don't know of what she died. a truck marked "state medical examiner" driving passed an official road black earlier today near her hometown of brooklyn where she vanished. it's about an hour's drive east of des moines. molly was out for a routine run. molly tibbets boyfriend -- molly tibbets was dog sitting for her boyfriend. he said he heard from her that same night when she sent him a snap chat message. then no sign for more than a month. investigators launched a search effort involving dozens of officials from local departments all the way up to the fbi. they search nearby ponds, farms and homes and interviewed hundreds of people we're told. molly's father and molly's boyfriend talked with us here on fox news many times pleading for anybody with any information to come forward. investigators set up a couple of -- scheduled to give a news conference matter at 5:00 eastern time, so less than 1 1/2 hours from now. matt finn has been covering the case and he's live outside of brooklyn, iowa where she was last seen alive. matt? >> shep, right now the swarm of activity is ongoing in the rural area, about 13 miles away from brooklyn, iowa. that's where the medical examiner's truck was spotted. fox news has a crew there where we've seen a csi car recently leave the area. we cannot confirm if this is where her body was found but seems related to the discovery of her body. we cannot confirmed the nature of molly's death, this area does not come as a surprise to us. it's close to the farmer's house that we saw questioned by the fbi three times. the farmer tells fox news that he took a polygraph and so far he remains a free man. no suspects named publicly. we're not aware of any arrests. but right now, investigators are back out in that rural area where we were many times. we've wondered why investigators returned to the area. maybe her phone or fit bit pinged in the area. rob tibbets just returned to california a few days ago after being on the ground here a full month. he did many interviews with us. he did as many interviews as possible because he wanted his daughter's name to remain on people's mind. he and molly's boyfriend went to the iowa state fair looking for information. the father just returned to california. now you can imagine he's on his way back. molly tibbets mother just changed jobs and start add new job. and dalton jack, her boyfriend, was likely scheduled to return to work today. shep? >> shepard: matt, local crimestoppers group with others involved have posted or offered a reward of close to $400,000 and they still plan to put it to use. is that right? >> yes. crimestoppers say they want to use the $400,000 for any arrest or conviction of a person involved. they would have to ask the majority of the donors is that's where they want to money to be used. shep. >> shepard: we'll wait for that news conference on fox news. a judge in colorado is denying bail for a man accused of killing his pregnant wife and their two children. christopher watts in court today and for the first time he did not enter a plea. investigators say the man confessed to strangling his wife. but he claims she had already killed the children after he told her he wanted a separation. he claims he saw her strangling one of their daughters on a baby monitor. in a range, he strangled his wife. that happened in frederic, colorado,25 miles north of denver. authorities tell a different story. police say watts was having an affair with a co-worker. investigators say they found all three bodies on the property of an oil company where watts worked. his wife, buried in a shallow grave, his 3-year-old daughter celeste and bella submerged in crude oil. >> i am shanann's dad. this is her big brother. we'd like to thank all the agencies for working so hard to find my daughter, granddaughters. thank you for coming out to the candlelight vigil and saying all of your prayers. they're greatly appreciated. keep them coming for our family. >> shepard: he mentioned his two daughters and niko. that's the name that they were planning to give to their unborn child. we have late word that the plane carrying 16 passengers that took off from teterboro and lost a couple of wheels or couple tires blown is about to land. but flight air traffic control has removed that flight from the systems which allow us to track it. that said, we're told that fans of the rapper post malone have gathered outside the stewart, new york airport and waiting for the jet to come in. it will be an emergency landing and we'll let you know what happens coming up. if you're turning 65, you're probably learning about medicare and supplemental insurance. medicare is great, but it doesn't cover everything - only about 80% of your part b medicare costs, which means you may have to pay for the rest. that's where medicare supplement insurance comes in: to help pay for some of what medicare doesn't. learn how an aarp medicare supplement insurance plan, insured by united healthcare insurance company might be the right choice for you. a free decision guide is a great place to start. call today to request yours. so what makes an aarp medicare supplement plan 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to keep your doctor - as long as he or she accepts medicare patients. and three: these are the only medicare supplement plans endorsed by aarp. learn more about why you should choose an aarp medicare supplement plan. call today for a free guide. so you have, your headphones, chair, new laptop, 24/7 tech support. yep, thanks guys. i think he might need some support. yes. start them off right, with the school supplies they need at low prices all summer long. like these for only $2 or less at office depot officemax. mom: okay we need to get all your school supplies today. school... grade... done. done. hit the snooze button and get low prices on school supplies all summer long. like these for only $2 or less at office depot officemax. >> shepard: earlier, we reported prosecutors in pennsylvania were announcing the first charges against a catholic priest after a bomb shell report came out last wike. the district attorney says the charges announced are an separate investigation and not related to the grand jury report. laura engle has more. >> the charges are against a 30-year-old roman catholic priest detailing his alleged actions with an unnamed 17-year-old female. they called her jane doe. it included the use of snap chat and social media apps. martin says during the period of december 2017 to january 2018, this man electronically communicated with jane doe, many messages sexual in nature and he was sending nude photos of himself through snap chat. this is the first time charges have been issued sense the diamond was issued last week. this was not what we were reporting on the explosive grand jury case which listed 301 priests accused of sexual assault. kevin lonergan has been charged with a felony, which could bring him up to seven years in prison and one count of indecent assault if he's prosecuted. we'll continue to find out more. >> shepard: thanks. we're following the developing news in stewart, new york where now we have live pictures. this is the scene at the airport there where this plane that has been circling now for about five hours burning off foul containing rapper and others, post malone. we're expecting it will land in the next few minutes. the original report is the two front tires had blown, two tires on the left, two tires on the right. now it seems that they were passing over another airport out in southern, connecticut and that the fly-by indicated it may have been the two tires under the left wing. so the information is a bit sketchy. it's on final approach. that appears certain on what is a very long runway with the emergency facilities necessary to take care of this sort of thing. you can see our local station, wcbs 2 here in new york city and our network affiliate is on scene with live coverage. we'll have that for you after a quick commercial break on fox news. get up to $2,500 customer cash on select 2018 nx 300 models. experience amazing at your lexus dealer. little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is associated with... ...an increased risk of depression. tell your doctor if you have  a history of depression or suicidal thoughts,... ...or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. time earlier. ambulances numbers 6 or 7 were out there and fire trucks out the mind. now to live pictures. these are the fire trucks on scene and followed the jet in. i mentioned among those on board, post malone, the rapper that won record of the year last night on the vmas. and at the end of the night, post malone and 21 savage and aerosmith had a wild finish to the vmas last night if you stayed up for that. but it was quite a thing. he got a lot of face time last night. really one of the most popular guys out there. in fact, his song, which the album has been a top of the billboard r&b and hip hop charts for 76 weeks, which breaks a record that was set by michael jackson back in the day for thriller to say he's popular these days is an understatement. they were headed over to london. he and band and pals and others for a series of concerts in an around london and were going to land at a municipal airport over there. but instead, for five hours, they circled around northern new jersey for an hour or so when they thought they might land at teterboro. they decided to go to an airport in massachusetts where gulfstream has a service center and about an 8,000 foot runway there. they circled over long island and the sound and connecticut for a couple of hours. and then they made the decision to go instead to stewart, which is this orange county airport where you see it now. stewart has a 12,000 foot runway and facilities. the air fort sent out some of their equipment to help. thank goodness, the jet landed without incident. i felt like what we were hearing at 50 minutes past 3:00 here on the east coast was a roar after the plane landed without incident. we spoke with a lot of aviation experts the last few hours that said you need a lot of skill to get this thing down but with some skill and careful maneuvering almost under all circumstances, they'll do just that. cbs 2 just switched back for just a moment to local programming. that's the reason you saw dr. phil for a second. our coverage continues in just a moment. if a post malone comes out and gives us a hey, we'll do that. neil cavuto at the top of the hour minutes away. it's proven to help relieve pain, stop further irreversible joint damage, and clear skin in many adults. humira is the #1 prescribed biologic 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1959, hawaii became america's 50th state. polynesian explorers in the 18th century, americans came to the island. some members of congress were originally hesitant to make hawaii part of the united states until they realized it was a strategic location for a naval base. the hawaiian people voted unanimously to become a u.s. state. 59 years ago, today. lots coming up here on fox news channel, at the top of the hour, we are expecting a court appearance by michael coren. new caboodle to provide life coverage as we wait for the details of the plea dea deal. pleading guilty to charges that would give him 3-5 years in prison. we don't know with any specificity what the charges are for pleading guilty. at 5:00 this afternoon eastern time, there is another event. that is the news conference from the authorities, at one point, a

Transcripts For FOXNEWSW Special Report With Bret Baier 20180821 22:00:00

A weeknight look at the news, featuring interviews, analysis and panel discussions hosted by Bret Baier. guilty to one count of filing fraudulent information to get a bank loan but the ones that could be most problematic for president trump are counts seven and eight in which he said he coordinated with a candidate for federal office whose name was not revealed and worked at the direction of that candidate to provide payments of $150,000 to one woman which would likely be karen mcdougall. remember that payment she received from the "national enquirer" was $150,000 and that was classified as an unlawful corporate contribution and a contribution of $130,000 to stormy daniels that was made on october 27th just a week before the election. again, cohen saying he did this on behalf of and the direction of and in coordination with a candidate for federal office, that person unnamed. just heard from rudy giuliani a second ago about all of this because people are talking about a connection between these payments and president trump, he's saying to fox news there is no allegation of any wrongdoing against the president, against mr. cohen it's clear as the prosecutor noted his actions reflect the pattern of lies and dishonesty but were a significant period of time. it doesn't look like the special prosecutor or the southern district of new york will have much of an act to hold over michael cohen's head to because he and his attorneys have agrees to sentencing, somewhere between three and a half and six years. it looks like that part of the case may be over in terms of michael cohen. now we will have to start pulling of the threads on this federal candidate directing and working with cohen to make these payments to affect the outcome of the election. that could be the most problematic part. >> bret: we heard the president addressed the manafort's development but not the cohen development, do we expect that is going to stick tonight as he's in west virginia? >> you never know with these campaign events, he could say anything. looking at the statement we got from rudy giuliani that may be the direction, there is no allegation of any wrongdoing against the president in these charges. >> bret: john roberts live on the north lawn, . jurors said guilty to eight counts and could not reach agreement on others, peter doocy outside the federal courthouse in alexandria, virginia, . >> good evening, paul manafort set of stone faced on the court room on the ninth floor as the judge announced he was guilty on eight counts and a mistrial had been declared on ten others. this all unfolded after a late afternoon note from the jury room to the bench where jurors wrote after exhausting all options we have reached a verdict, we are not able to reach consensus of ten of the counts. the judge invited the jury who deliberated for 4 days into the court and asked all 12 jurors one of the time if it was ever going to be possible for them to come to any kind of consensus on those ten outstanding charges and one at a time they all said no. no chance of agreement in the jury room on the remaining bank and tax fraud charges. now the manafort legal team is plotting their next move. >> mr. manafort is disappointed of not getting acquittals all the way through or complete a hung jury on all counts. however, he would like to thank judge ellis for granting him a fair trial, thank the jury for their very long and hard-fought deliberations. he is evaluating all of his options at this point. >> the judge revealed that the end of last week that he had been threatened as a result of his role presiding over this case, that's why he denied a motion by a handful of news outlets who wanted the jurors names unsealed before the end of the trial. before dismissing the jury at the last time before 5:00 p.m., the judge urged them to not to talk to reporters because he wants to protect the deliberative process. if jurors don't talk to the press, it will be tough to tell who they are and what happened because judge ellis just said i have ordered that your names remained under seal. the mueller team has until august 29th to decide what they want to do about those ten outstanding charges that resulted in mistrials and whether or not they will retry them. that's not all that paul manafort has on the horizon, he still faces federal charges in a federal court in washington, d.c., and that a trial begins next month. >> bret: peter doocy outside the courthouse. if those two stories were not enough today, the special counsel team once again taking steps to delay the sentencing hearing for former national security advisor michael flynn. if this happened at the end of june, he pleaded guilty to lying to investigators, he was fired for lying to officials. a lot of reading into delay about what the delay could possibly mean or not. let's get the analysis, george washington university law professor jonathan turley joined us this evening along with fox news leave corresponded and host of fox news tonight, shannon bream. i want to start with the cohen case, these are the charges, the guilty pleas, five counts of tax evasion, one count of willfully causing an unlawful corporate contribution, the most potentially damaging legally, politically is the campaign finance violation. violation of campaign finance laws the prosecutor saying differently. >> it's interesting, in this we have a decision by michael cohen that he's going to lay out everything he confesses to in this information and they have negotiated this range of incentives for him possibly. it's interesting that he said he's not going to cooperate, that wasn't part of the deal. there is many people who say he's protecting the president by not having a big public trial over this even though it may have gotten him in criminal trouble. even though the president may feel stunned and burned, cohen keeping this private and agreeing to not help prosecutors is a bit of a win for the president. >> bret: i want to play two sound bites, the president on air force one and rudy giuliani talking about paying back cohen one after the other. [reporter questioning] >> president trump: no. they are obviously trying to get at president trump by bringing these charges against manafort. he's a hardened target form robert mueller. he can't go to jail for ten years, he's an older guy. if he wants a deal, he wants a walkaway that means a part in. there is no indication that manafort is changing from that strategy. >> bret: michael: just moments ago issued a statement. he said he took the step today so his family can move onto the next chapter. this is michael fulfilling his promise made on july 2nd to put his family and country first and tell the truth about donald trump. today he stood up and testified that donald trump directed him to commit a crime by making payments to two women for the purpose of influencing an election. if those payments were the crime for michael cohen, then why wouldn't they be a crime for donald trump? if anyone was doubting, lanny davis wanted to make sure we knew. >> this is something that has been debated hotly, a couple of justice department memos from 1973 and 2,000 that talk about this and essentially the understanding is you can't indict a sitting president in most normal circumstances. rudy giuliani has said he has had conversations with mueller's team and during that he said they've aurally acknowledged the doj guidelines. whether that means they agree with them or would seek some type of exemption, if not about indicting a sitting president. according to the justice department he can't do it. >> bret: a stormy daniels attorney has been out and about and a lot of tv shows tweeted today rudy giuliani, buckle up buttercup. you and your client completely misplayed this. the development will permit us to have the stay lifted in a civil case and will proceed under an expedited deposition of there is this great debate i think it's now moot because mueller is going to follow the policies of the doj. that doesn't necessarily help things. the statute of limitations is still out there, he could still bring a charge after the president leaves office. more importantly, he can detail a criminal conspiracy in a report to congress just as the house of representatives might switch parties. >> bret: it brings us back to the fight over the campaign finance law and whether this -- if it all happened as cohen pleads to that violation. there are four former fec chain who says it didn't, obviously giuliani is making that case and you wonder where the lawyers are going to go. >> before the trial started, the judge in the manafort case said i think the prosecutor shouldn't have unfettered power. what you're may be doing here is to lay out for something that would involve impeachment of the president. all of the different investigation, all of the michael avenatti stuff, giving them plenty of material to say, they got one thing after another that could be connected to the president and the cohen stuff is the worst of it. >> bret: we don't know and what we've seen today if cohen will cooperate with mueller on other fronts whether it comes to money or russia or other things. >> that's right, but cohen is out there. he'll take a deal if it's good enough, he's made that clear. he can still have mueller come to him and say you're looking at six years. he says it's a major deliverable. the fact is, he ultimately gave a mueller what he needs today, he already went on the record to say president trump ordered him to make this payment. he is locked in as a witness. the question is does he have something more? are there some of the tapes relevant, is mueller now going to look at him and say i'm willing to do a side agreement with you, give you a partial deal and to ask the court to reduce your sentence? >> bret: does mueller have more power today? >> yes, he's in a much stronger position. >> bret: at shannon, jonathan thank you, we'll see you tonight at 11:00 eastern time. up next, please confirm they found the body of molly tibbets and the suspect in custody is an illegal immigrant, will have that story. here's what some of the fox affiliates around the country are covering tonight. and charlotte, top officials at the university of north carolina system say the toppling of a confederate statue is unacceptable, dangerous, and income principle. last night activists yanked the bronze figure of a southern soldier known as silent sam off at stone pedestal. campus police say one person pays criminal charges. in milwaukee officials declare a state of emergency due to torrential rains that have caused widespread running aroung around madison. it has flooded major roads and knocked out power to thousands of customers. this is a live look at denver from our affiliate fox 31, a cloudy done for the big story there tonight a court appearance for the man accused of killing his pregnant wife and their two daughters. christopher wants is charged with first-degree murder, he did not enter a plea. he told authorities he strangled his wife after she killed the children after he wanted a separation. that's two nights live look out side of the beltway. we'll be right back. turn your wish list into a checklist. learn more. do more. share more. at home, with internet essentials. >> bret: another fox news alert, investigators and iowa are confirming they have found the body of a college student missing for a month and they have an illegal immigrant in custody, charged with her murder. correspond of the life tonight in iowa. >> police say 24-year-old christian rivera has been charged in first-degree murder and authorities say he is in this country illegally. investigators say he confessed he followed her while she was out on her jog, he approached her and she took out her cell phone and said leave me alone. he tells police he blacked out and doesn't remember what happens next. authorities say this morning he led them to a remote location roughly 13 miles from her hometown where they found what they believe is her body in a cornfield. authorities say surveillance videos showed her jogging and also showed his black malibu car, that's how they were able to track him down. police have not confirmed the manner of her death. police say rivera did see her prior to july 18th but can't yet expand on how often he might have seen her or if he stalked her before july 18th. >> he followed her and it seemed to be drawn to her on that particular day and for whatever reason he chose to abductor. >> police say he has been in this country for four to seven years and molly tibbets was set to return to the university of iowa as a sophomore. >> bret: live in iowa tonight, thank you. another fox news alert just in. california republican congressman duncan hunter and his wife have been indicted, charged with converting hundreds of thousands of dollars in campaign funds and falsifying campaign finance records. the indictment states the hunters used a quarter million dollars, will follow this story as well. the last war crimes suspect facing deportation from the u.s. is in germany tonight. 95-year-old was taken by i.c.e. agents from his home in new york this morning. the former labor camp guard arrived in the u.s. in 1949 as a war refugee. he later confessed to being a guard who worked at a concentration camp, he was ordered deported but it took 14 years to get it done. the trump administration says has removal shows the u.s. stands firmly against anti-semitism, war crimes, and violations. up next, trump launches a major counteroffensive on his predecessors more on coal. and it sergey lavrov is expressing hope for productive negotiations in september. iran is showing off a new fighter jet, it says the plan is all irani had made and has advanced avionics and fire control systems. state television shows the president sitting in the plans compact and it will enhance their capabilities and confronted the u.s. about 200 south koreans and their family members are spending the second day in north korea where they are seeing relatives for the first time in decades. 337 south koreans accompanied family members participating in a second round of reunions from friday to sunday. to some of the other stories beyond our borders tonight, we'll be right back. n a differe. and the bandits, well, they got rocks. we protected your money then and we're dedicated to helping protect it today. like alerting you to certain card activity we find suspicious. if it's not your purchase, we'll help you resolve it. it's a new day at wells fargo. but it's a lot like our first day. let's say it in a really low voice. carl? lowest price, guaranteed. just stick with badda book. badda boom. book now at choicehotels.com oh! oh! ♪ ozempic®! ♪ (vo) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? 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can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you. >> bret: another fox news alert tonight, where about a half-hour away from a rally featuring president trump in charleston, west virginia. we'll bring it to you live on fox news channel. one of the things we'll be talking about in that coal state, the president wants states to have the power to regulate coal-fired power plants, he wants the states to do that. it's part of another major rollback of his predecessor's environmental legacy corresponded kevin corke has more on the new proposals from the site of the rally in the next hour. >> president trump: we've ended the war on beautiful clean coal. >> a major theme on the trump campaign trail. and has been a rallying cry ever since. end the so-called war on coal, a fight that received a major boost today. >> this is a big day the unveiling of our affordable clean energy rule. what this will will do is a set of guidelines for the states to work with utilities around the country to make sure that every utility makes reductions on their co2 emissions going forward. >> acting epa administrator andrew wheeler is referring to the administration's affordable clean energy rule, a state focused approach to energy regulation and a sweeping rejection of obama's clean power plan which was finalized in 2015 and saw to cut admissions at 2:30 2% below 2005 levels by 2030. in 2016, the supreme court blocked the plans enforcement after several energy producing states suited. the trump administration's proposal would give individual states more authority to make their own plans regulating greenhouse gas emissions from coal-fired power plants. critics believe the new rule if enacted would have dire environmental and health consequences. independent vermont senator bernie sanders accused the president of actively destroying the planet, a brace and special interest handout said democratic minority leader nancy pelosi of california. >> this dirty power plan is king cole corporate welfare propping over the doors to aging polluting power plants at the expense of the public health. >> proponents point to the overly burdensome nature of the previous administration's approach to energy which in many states lead to fewer jobs and higher costs. >> it was an overreach in the obama administration, it didn't take into consideration the hardships in west virginia. >> thousands of miners and minors jobs that hurt our economy and what common sense regulation -- >> that proposed rollout coming ahead of the big rally a coal rich state. i should point this outcome of the public comment. mack is underway, the final decision is expected set to come sometime later this fall. >> bret: kevin corke live in charleston. the dow rose 62 today, the s&p 500 finished up a six and hit an all-time high this afternoon. the nasdaq jumped 38. a roman catholic priest in pennsylvania is acing charges in connection with the 17-year-old girl he met at mass including allegations that he sent her images of himself on social media and groped her during a hug. the 30-year-old kevin monaghan was charged with corruption of minors, a felony, and indecent assault. the charges come a week after the release of a grand jury report in pennsylvania accusing a succession of church leaders of helping cover up abuse of more than 1,000 children by hundreds of catholic priests in pennsylvania since the 1940s. russian hackers are going after american political groups in the run-up to the november midterms. correspondence doug mckelway tells us exactly how they're doing it. >> technology giant microsoft revealed two conservative think tanks have been hacked by a russian military outfit. the same outfit in which 12 officers were indicted last month by special counsel robert mueller. visitors to the websites would be redirected to fake states whether passwords were stolen. the hudson institute in particular was in russia's cross hairs for its recent paper which describes how russian oligarchs have exploited the world financial system to launder money. >> if you want to deter vladimir putin, whack him right in the oligarchs. >> armed with a court order, microsoft said it seized six unit domains and said we have no use of this approach 12 times in two years to shut down 84 fake websites associated with this group. a kremlin spokesman denied the allegations, it isn't clear he said who the hackers and questions are. it comes as a senators examine russian influence. the u.s. intelligence assessment founded russia favored donald trump over hillary clinton and worked clandestinely to affect the outcome. if democrats are fearful of a repeat in the 2018 midterms. >> if we can't come up with a way to safeguard the entire of our democracy, shame on us. >> republicans maintain that russian interference isn't favoring either party, but rather it's putin's strategy to so discard and deepen the divide. >> one of the ways he wants to weaken us is by dividing us internally against one another more than we already are. >> whatever russia's motivation the federal government wants to stop it. congress has improved $380 million for states to bolster their election security. only five states still rely on computerized systems. the rest are all returning to some form of paper ballots. >> bret: when we come back, the all-star panel joins me about what we talked about in the entire first part of the show, the guilty plea for michael cohen, the president's former personal attorney and the guilty verdicts for paul manafort. all that and more coming up. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is associated with... ...an 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are some of the tapes relevant, is mueller going to look at him and say i'm willing to do a side agreement with you, give you a partial deal to ask the court to reduce your sentence? all of that is possible. >> bret: does is have more power today? exponentially? >> he is a much stronger position. >> bret: this first panel will deal with cohen, he pled today in new york in the southern district, rudy giuliani saying that there is no allegation of any wrongdoing against the president and the government's charge against mr. cohen. it's clear as the prosecutor noted his actions reflect a pattern of lies and dishonesty. lanny davis said he stood up and testified under oath that donald trump directed him to commit a crime by making payments to women for the principal purpose of influencing an election. if those payments were a crime, then why wouldn't they be a crime for donald trump? catherine, in the plea information that we have, cohen admits to reimbursing these payments for karen mcdougall and stormy daniels. in the case he agrees to reimburse the "national enquirer" to the payment made to mcdougall. the payment was made in coordination with the chairman of the coronation david packer and one or more officials from the campaign. it's the first indication from the plea agreement, a lot of developments today. let's focus on the cohen part. >> i think we'll talk about both cases. what we are seeing here is his personal fixer, he worked closely for many years about how these payments that we've been reporting on and talking about. back in april, i was on air force one with the president and asked him about if he knew about the 130,000 payment to stormy daniels. at the time he said he didn't know anything about it. the president isn't named in the court paperwork. but he's named by lanny davis and certainly it is pretty clear that this is who he is spoken about. >> bret: the inner circle for more than a decade, where potentially does this go? >> i think you see the outlines of the coming legal debate and it all centers around the legality of this payment. we ran through the tape with john edwards some years ago with a similar sort of issue and there at the was in question. now the same arguments are going to be applied over to president trump's alleged involvement in this payment. what i am struck by is that for years now donald trump has kept his enemies scrambled. they don't know how to criticize and how to respond to him. in the past few months what we have seen is the way to actually respond and get trump in trouble is by adopting his own reality tv approach to the world. who was causing president trump the most trouble these days? it's michael: who did the dramatic reversal and have the secret tapes, it's omarosa who did the very similar thing and it's michael avenatti who even though he has not a politician is garnering more energy on the democratic side than any candidate out there. >> bret: the critics of the muller investigation will say this has nothing to do with russia collusion. but potentially it could. if michael cohen somehow brings something else to the table. we don't know what we don't kno know. >> we are into month 15 of the investigation, we have launched in may of 2017 and we still have no evidence of russia collusion. indictments don't have anything to do with the 2016, with colluding in the 2016 campaign. i charge brought against paul manafort had nothing to do with his work for trump. the fact they are charging the cohen payment as a campaign finance violations suggests to me very strongly that if you color to something else it's not illegal. to a lot of people, it looks like a stretching and bending of a lot to fit this case, not the clear we know it to the campaign finance law says, you broke it. another question i find odd is most times when people get caught in campaign finance get fined. five figure fines and so on. why are people looking at -- we don't know yet i suppose but jail time, real serious consequences for things that have been treated as more or less like political traffic tickets for decades? >> bret: they are saying 3-5 years for all of these charges. catherine, last thing. the battle about what is campaign finance violation, whether you can argue about whether this was this or not, it may be a battle line being drawn already. >> were going to see michael: being charged with a number of things but were going to see what is the exposure for the president, where does this go? michael avenatti wants to depose him in the stormy daniels case he's hoping to let this stay there. that's one area. does the deal not expressly say that he's going to cooperate? but it doesn't necessarily preclude him from doing so. does he try to speak to mueller, does he do something else that brings more pressure on the president? >> bret: we break down the manafort decision on what he faces coming up when we come back. but what i do count on... is staying happy and healthy. so, i add protein, vitamins and minerals to my diet with boost®. new boost® high protein nutritional drink now has 33% more high-quality protein, along with 26 essential and minerals your body needs. all with guaranteed great taste. the upside- i'm just getting started. boost® high protein be up for life let your perfect drive come together during the final days of the lincoln summer invitation event get 0% apr on select 2018 lincoln models plus one thousand dollars bonus cash. hung jury on all counts. however, he would like to thank judge ellis for granting him a fair trial, thank the jury for their very long and hard fought deliberations. he is evaluating all of his options at this point. >> bret: kevin downing, paul manafort's attorney talking after the verdicts were read. the jury coming back with eight guilty verdicts and they are five counts of tax fraud, maximum sentence three years each. two counts of bank fraud, maximum sentence 30 years for each. serious charges, eight out of the 18. the others declared a mistrial. he's not done yet, were back with the panel. >> it brings me back to this point. why is paul manafort -- i'm sure he's done some sleazy things over the years. why couldn't the regular justice system have caught him at some point? why didn't the justice department as it exists, all the campaign regulations we have caught him? we had to set up a special counsel, empowered to look at one specific issue and it really just is looking at anything and it looks sort of like since it hasn't been able to fulfill its main charge which is to find something wrong with russia and the 2016 election, it's doing what special prosecutors tend to do when their main focus doesn't pan out and they just catch whoever they can catch to justify the existence of the probe. >> bret: we don't know what we don't know as far as the thought process of mueller and his team to put the squeeze on manafort and cohen. over under if the president is going to mention manafort, pretty high? >> i think it's certainly likely we will hear from him about witch hunt, he hasn't spoken nearly as much about cohen but certainly about what manafort what we've heard is that they really feel like this is nothing to do with this white house, it has nothing to do with russia, it is not directed at his presidency and they want to make that point. he spoke on his way off of air force one he was saying it was sad but it doesn't prove anything. >> were likely going to hear a lot about molly tibbets in this illegal immigrant who was in custody in iowa. >> that's safe political trade where he has a point about the problems illegal immigration are causing, we have the most visceral and tragic example of it. what am struck by is he is also on safe ground, it has nothing to do with him whether paul manafort was found guilty. it also means that the initial phase of the mueller probe, the face were were looking for collusion between the trump campaign and russia is coming to a close. were going to be reaching an impasse where president trump is going to have to decide whether he sits for an interview. i think all of the developments of the day suggests he will refuse such an interview and then we will get into the second phase which it seems to me it will be a lot about the revelations of michael: cohen. >> bret: just to put it in perspective you have duncan hunter indicted on charges, he's a second congressman to endorse candidates donald trump. remember, chris collins is the first he's also been indicted on insider trading. you have the former campaign chairman now guilty on eight counts and his former personal lawyer pleading guilty to eight counts. overall, this is a pretty bad day in trump world. >> it's certainly not a great day but you have to ask what's the real meaning of this over the long term? this is a probe that was supposed to find -- it still won't say what it's found it hasn't made anything public -- all the stuff that he gets convicted for his stuff that doesn't have anything to do with donald trump. will have to see how the cohen issue plays out. one of the things that seems notable to me here is the state has all these resources that they can use to investigate anybody he wants and bring enormous charges and unlimited lawyers. it seems like the real threat of tying these people together as they are close to trump. there's a lot of lobbyists, a lot of people evading taxes, these are the people that are getting focused on. >> bret: we will cover it all it's been a busy day. when we come back, something we all need. done. hit the snooze button and get low prices on school supplies all summer long. like these for only $2 or less at office depot officemax. like these for only $2 or less i like dennis quaid. awww. and they want me to let you know that, cue overdramatic music, they're on a mission to make insurance painless. excuse me, you dropped this. they know it's confusing. i literally have no idea what i'm getting, dennis quaid. that's why they're making it simple, man in cafe. and they know it's expensive. yeah. so they're making it affordable. thank you. you're welcome. that's a prop apple. now, you might not believe any of this since this is a television commercial, but that's why they're being so transparent. anyways. this is the end of the commercial where i walk off into a very dramatic sunset to reveal the new esurance tagline so that you'll remember it. esurance. it's surprisingly painless. >> bret: finally tonight after an intense day of news, multiple breaking stories, intense, serious. puppies, just puppies.

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