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Transcripts For FOXNEWSW Americas Newsroom With Bill Hemmer And Martha MacCallum 20160524

donations from foreign sources. he has been a close clinton friend for years, even holding a high-profile fundraiser for mrs. clinton for weeks. has the governor or his office responded to this request? reporter: an attorney for the mcauliffe campaign told us, we cannot confirm the cnn report. neither the governor his former campaign has knowledge of this matter. but contributions from mr. wang to the governor were completely lawful. the cnn report alleges the f.b.i. and the justice department are investigating contributions from chinese businessman. he donated $2 million to the clinton foundation and top mcauliffe's campaign for governor. wang has a perm nantd u. -- a permanent u.s. rest don't status. he helped raise 275 million for then president bill clinton and guaranteed $1.35 million for the clinton's mortgage in chappaqua, new york. he has been an effective fundraiser for the clintons since then. mcauliffe most recently created controversy when he signed an executive order restoring voting rights to 200,000 ex-felons. his bret saysor tim kaine said it could be unconstitutional and would have to be done on a case-by-case basis. martha: he was a fundraiser for bill and hillary clinton. he was hillary's campaign chairman in '08. he created the so-called lincoln bedroom strategy, offering special white house access to top contributors. that got them in hot water as well. he took overrunning conventions and activity for the party. he maintained close ties and influence with the clintons and the party. eric: peter schweitzer will be here, the author of the book "clinton cash" which focuses on questions about donations to the clintons and their foundation. terry mcauliffe remembers the women and scandal of clinton's past. donald trump wants to make sure voters don't forget this. >> i'm very nervous. >> no woman should be subjected to it. >> how about that. those were the voices of kathleen willy, monica lewinsky, juanita broderick, all names we haven't heard in a long time that are coming back into the mix. they represent a lot of scandals of the 1990s. chris stirewalt joins us now. so, chris, what your reaction to this ad and how effective do you think it is for donald trump? >> during primary season donald trump was able to get free publicity by saying and doing outrageous things. one of the most famous where he implicated ted cruz's father in the as nation of jfk. he said the "national enquirer" gets some stories right. now vince foster, the clinton aide who committed suicide while in the white house. they are returning the favor, talking about this bankruptcy. his love life, his business life. martha: it's back to the 80s, and back to the 90s. as you point out both of these people were big tabloid figures during that period. if you look at it from a puree political perspective. hillary clinton does better with women. all the polls we have seen. if he can undercut her relationship with women voters in this campaign. if he keeps going after it and say the clinton's are hypocritical when it comes to women, so you shouldn't trust them. >> the goal for trump is to keep everybody low. we are about to have the two most unpopular party nominees. there is a poll in virginia that has them both in 38% in the key swing state of virginia. they should be higher than that. but people aren't feeling good about this election. that's okay for donald trump. that means this stings. you are not crazy about me and you are not crazy about her either. he want to keep her in this space. then later once that's all canceled out, maybe you can have a new discussion. martha: the pivot everybody has been waiting for for a long time seems to be off in the distance. but it's knock her down, knock her down, knock her down. he would agree that he has to day in this position until he secures the mom nation outright. this is what you referred to, this is how she came back to him. let me get your thoughts on how effective this is. >> trump economics is a recipe for lower wages, fewer jobs, more debt. he could bankrupt america like he bankrupted his company. ask yourselves, how can anybody make money running a casino. martha: there are plenty of ways somebody can run a casino into the ground. >> she could top doing rallies. she does better in interviews and one-on-one. the mess and isn't bad. if you want to knock trump down, you have to go to the core argument. he's a successful businessman and he can help america be more successful. by attacking that core part of his image, we read in "the washington post." her surrogates will be out emphasizing on trump what they say profits off the housing bust. the trump mort gain company. martha: more of the romney-tile attacks against his business record. eric: surrogate are saying no thanks to a final debate with bernie sanders ahead of the california primary. the decision it seems a complete reversal about her comment about debates in 2008 when she was campaigning against then nor barack obama. >> this is the most important job in the world. it's the toughest job in the world. you should be willing to campaign for every vote and willing to debate anywhere. it's an interesting juxtaposition where we find ourselves. i have been willing to do that during the entire process. eric: senator bernie sanders already agreed to a final debate and he slammed mrs. clinton for her position. >> i was disturbed but not surprised to hear mrs. clinton backed out of the debate. our campaign and her campaign reached an agreement on a number of debates, including one here in california in may. i think it's a little bit insulting. eric: mrs. clinton says it's focusing on the remaining primaries and pivoting attention to eventually debating donald trump. martha: a brand-new video of bill cosby arriving in court for his sexual assault hearing. this trial will determine whether he goes to trial on whether he drugged and sexually assaulted a woman. this is norristown, pennsylvania. he says he engaged in consensual texas with the woman. cosby settled a lawsuit with her in 2006. he faces allegations with 20-some other women. when you look at the statement he made, they are damning for sure. he talk about giving women drugs, then having sex with them. he talk about a modeling agency that sent him 5 to 6 women every week. the big question i whether or not some of these issues have timed out. whether the settlements would have any impact on it. he was one of the most beloved characters in television, one of the funniest people on stage in the 60s and 70s has had a huge tush in his life as he faces allegations that go back year upon year. beverly johnson, a famous model who has accused him of sexual assault says this is a long road for bill cosby. part of that process begins today as he arrives at the courthouse in norristown, pennsylvania. eric: tornadoes touched down in the heartland. a funnel of destruction barrels across open field. take a look at that. coming up, we'll tell you about the areas at risk for more severe weather today. >> several polls showing a tight race between hillary clinton and donald trump. why those numbers could be as much about who americans don't want to see in the white house as who they want to see. plus we have this for you as well. >> what really count is how does the veteran feel about their encounter with the va. when we go to disney, do they measure the number of hours you wait in line? eric: he apparently made that comment and comparison trying to downplay the wait for our veterans. now the blowback. >> it's ridiculous that the secretary would make that comment. but we need to take a look at the president. this has been going on for two years. and what type response have we gotten from the white house? turquois dresses... so excited. did all her exes get invited? no one's got moves like uncle joe. ♪ should i stay or should i go? ♪ when it's go, book with choice hotels and get a free $50 gift card for staying just two times. book direct at choicehotels.com. you always have a choice. >> martha: the head of the va comparing the long wait time veterans suffered to get medical care to the line of people waiting for ride of people at disneyland. >> what really counts is how does the veteran feel about their encounter with the va. when you go to disney, do they measure the number of hours you wait in line? what's important is what is your satisfaction with the experience. what i would like to do is that kind of measure. martha: pete hegseth, an iraq and afghanistan veteran. i know you have been critical of bob mcdonald in the past and you are probably not a fan of this comment. >> if you go to disneyland you can open up an app that tells you how long the line is for a ride. and you can choose to go to another ride. at the va, there is no app. you have no choice. and by the way, you are not waiting for a ride, you are waiting for healthcare. if your condition is getting worse and you are not getting your phone calls answered, that shows how far away bob mcdonald is from the reality. wait times are just as long as threat have always been. and he's done nothing to fix it other than to put a smoke screen over it. martha: it's all about the period after he was hired. the reason he was brought in is he's a former chairman and president of proctor and gamble, and a former veteran. he was supposed to understand both side of the equation. fixing the business side and being sympathetic to the veterans. how much longer dose have to figure this out? >> this is a guy who was brought in to make sure we address wait times. here he is saying we shouldn't be measuring wait times. i heard from a veteran who said i have a choice card to seek care by the doesn't work and i'm getting a bill every time i go to a doctor. instead of having the courage to tell the hard truth about a dysfunctional bureaucracy. the white house has made him a lackey. he has been absorbed internally and unable to do anything courageous. martha: part of this comes from the white house. if they weren't happy with what he was doing and serious about fixing the problem they said they were serious about fixing, this would not be going on. >> if they made it in any way a priority which it has never been. when they appointed bob mcdonald they put in a political cleave of staff to monitor what's going on. they issued a veto threat against the va accountability act which would have given the secretary the authority to fire people. martha: he can't fire anybody which is not the case at any other business in this country. the government structure makes it difficult if not impossible. eric: in just hours the house judiciary committee about to hold an historic hearing on whether to impeach irs secretary john coulsecondtear director. >> the way he thumbs his nose at congress. that should be exhibit "a" why he should be impeached. ou booke, you didn't know we had hundreds of thousands of places to stay all over the 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targeting of tea party groups. in 1876 the only cabinet member to be i am 350e67d peeched, the second -- to be impeached, the secretary of war, and koictd of taking bribes. >> if cabinet members committed the type of misconduct koskinen did, they destroyed 20,000 of lois lerner's emails. he made false statements before congress under oath. even though he said they went to great he length to get every:email, they didn't even look in obvious places like her blackberry. if the irs responded to an audit and refused to do due diligence. there is not a taxpayer in the country that would be able to get away with that. i don't think you could have a lower standard than the standard he applies. eric: he says he testified truthfully. but you won't get a chance to ask him about that because he's skipping the hearing. >> the facts are pretty much the facts. he would have to explain away, how come even though congress subpoenaed these emails, why did you allow the irs to destroy them. the inspector general found adigital emails that were in their possession all the time. they didn't even look at lois lerner's blackberry. i'm not surprised he's not availing himself to testify. eric: the agency says he just came back from a trip to china and he hasn't had time to prepare for this. what do you think they are trying to hide? >> how did he respond when he was commissioner to congress trying to get the truth. when you destroy lerner's emails that prevents the american people from being able to identify the truth. either he was intentionally stonewalling or his false statements and destroyed emails are the result of gross negligence. but either way that meets the standards for constitutional misdemeanors. the. eric: could it go to the full house floor? >> we'll lay out the factual case what he did to obstruct the congressional investigation. we hope our members become apprised of those facts and agree with us. we'll do a follow-on hearing regarding the standard for impeachment. that will be in a couple weeks. my hope is after that time there is as consensus in the house that we can't allow this guy to operate under a slower standard than the taxpayers open rarity under. eric: he says he's not guilty and this is groundless. congressman, thank you for joining us. martha: heads roll at the tsa as security lines get worse. the head of the tsa is now gone. a clinton insider is under investigation for unlawful campaign donations. >> thee they created a model that allows you to go into public service and get extremely rich at the same time. martha: this is the virginia governor terry mcauliffe who is expected to speak about a bill signing in virginia. he's expected to speak about an investigation into his campaign contributions, and a donor from china who is an american citizen. no doubt there will be questions for terry mcauliffe. we'll take back there as soon as this gets under way. eric: peter schweitzer is the author of "clinton cash." he was chairman of mrs. clinton's 2008 presidential campaign. and is one of the closested a advisers the clintons have. what does this mean and how serious is it? >> when you talk about an insider's insider in the clinton network you are talking about terry mcauliffe. the reporting is it's focused on these campaign contributions from a chinese national who apparently has permanent residence status in the united states, in wang. this investigation began in may at the same time the f.b.i. also began investigating the clinton foundation. if they are just investigating whether mr. wang was entitled to make these contributions, a year is a long time to investigate a simple question like that. my instincts tell me this is probably part of a broader probe looking into the clinton foundation and whether there were favorable actions taken for the benefit of people who donated to the clinton foundation or political campaigns that were part of the clinton orbit. eric: we are looking at the governor speak on a different issue. let's look at mr. wang. he's a chinese national. a chinese citizen and also he has permanent residence here in the united states. he's also apparently given $2 million to the clinton foundation and he's a member of the national people's congress. the clintons were dogged years ago about potential foreign money from china specifically being flooding the dnc and the clinton -- the bill clinton defense fund. >> you are right. this goes back to the 1990s. as i point out in "clinton --" and it has been reported by fox and elsewhere, with speaking fees the big problem is not so much wall street or american oil companies for u.s. corporations. it's the question of foreign money. you have mr. wang who has given the donations to terry mcauliffe's campaign. that's part of a larger constellation that includes connected firms and political figures in russia, nigeria, kazakhstan, places all around the world. it fits this pattern the f.b.i. is investigating, and i think mr. wang is an important part of it. eric: remember the little rock, arkansas, chinese restaurant owner who pled guilty involving this exactly. let me review what was written in. he entered into a plea with the justice department in exchange for telling all about improper campaign contributions originating in china. as a conduit for more than $600,000 in contributions to the democratic national committee that had to be returned as coming from illegal or suspect sources. we don't know if this also applies to mr. wang, but what's your guess? >> that's exactly right. if he has permanent residence status he can contribute to u.s. campaigns. what he can't do is act as a conduit to foreign fund. but the f.b.i. has been looking at this reportedly for a year, and the report is they are look at this question on whether he was qualified to make this donation. i think they are looking at something large were, a larger question of foreign money being used to influence mire can politicians and particularly the clintons. eric: the gough see on the left does address this issue and this reported investigation. we'll bring that to you live, any comments about his controversy. martha: breaking news on bill cosby. he's inside a pennsylvania courtroom. this is video of him arriving moments ago for a preliminary hearing. this is a process where they will determine whether he has to go to trial at all over charges he drugged and sexually assaulted a woman in 2004. there are many cases involved in the cosby situation. what's happened so far on this today? >> more than 50 women have come forward to claim sexual misconduct by bill cosby. but this is the only case that resulted in charges against the aging comedian. he arrived in few minutes ago with his private security and his defense team. today's hearing is moving forward, scheduled to begin just minute ago. the possibility exists that his accuser could testify today. prosecutors could use her statement to police in 2005 or they could call her to the stand. >> they could put her on the stand. that gives the defense a chance to cross-examine her and try to lock her into statement they can turn against her at trial. and the prosecution may not be ready yet to have her fully locked into her story. generally they would prefer not. reporter: cosby faces up to 10 years in prison if convicted on these charges. martha: there were strong word reported about drugging teenagers, and having sex with them. can any these be used against him in court? >> he admitted in 2005 and 2006 during depositions for his sill trial, he admitted to making payment to some of them afterward. he said i don't hear her say anything and i don't feel her say anything, so i continue, and i go into the area that is somewhere between per anything and reject and i am not stopped. the judge will decide whether there is enough evidence to move this case to trial. our legal experts believe that will happen. eric: a new poll shows the elect is more about the candidate you do not like than the one you really do. voter disdain reportedly driving support to in trump and vice versa. coming up. who comes out ahead. >> i think i'm popular with people, i really do. you didn't explain i was winning in most of the polls. i'm winning in the tracking polls against hillary. you pay your car insurance premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. eric: two people are lucky to be alive after their small plane took a plunge into the water off the coast of hawaii. >> they saw two people hanging on to the wings of the aircraft as it did go under. eric: one of the two had to be take to the who for treatment. thanthankfully for minor injuri. martha: a new poll shows it's as much about who you don't want to be president as it is about who you do want to be president. trump lead 26- -- 46-43. a third of those who are for trump are basically voting because they are anti-clinton. ultimately the most important reason for supporting clinton was opposition to donald trump. you hear this a lot, just out in the world. people saying this is an amazing election. and not a ton of enthusiasm for either side. >> i think if you look at the numbers we have seen on them in term of trust and their approval rating. it seems people have given up expecting great things from the candidate. they decided i'm going to go with the person who tells me what i want to hear and who isn't as bad as the other person. i think hillary clinton has been banging on the fact that she'll be able to turn people out because they don't like trump. what's interesting is we have seen a swing in the last abc news poll, millennials, there was a 17-point swing away from clinton toward trump. that undermines her thinking, this is something that will energize millennials because they are so angry with the way they feel sanders has been treated. martha: strong sanders supporters say they would consider making that move over to trump. we heard how much stronger the primary vote has been. if you look at what happened yesterday. 850,000 people joined the voter rolls in california. some of them may have switched parties. there is a lot of animated voter enthusiasm. >> if you dive up to those numbers you look at whether the voters want somebody who will bring major changes in the nbc "wall street journal" poll versus keeping things roughly the same. 53-43. i think this is the way this election fit remains a 2-person election where you have hillary clinton become can the face of the status cope and the political stabment in washington. the face of the economy if donald trump prosecutes his argument successfully and donald trump being the face of major change. martha: we are watching the terry mcauliffe situation. he's answering questions. >> there are no allegations that have been made. they ma -- they have a question about a donor. he has been a green cardholder since 2011 -- since 2007. they are entitled to do their investigation. this is a valid donor. he has been a green card holder since 2007. we fully vetted him. reporter: were you aware of allegations before this? >> no. i didn't bring the donor in. >> in general there are more than 100 donors that donated to the clinton foundation as well as your campaign. >> we have a lot of the same friends. those who give to the clinton foundation have been friends of mine for years and years. >> what was your reaction to the cnn report? >> shock. no one outreached to us. you get leaks and things happen in the business. as i say, with i'm very confident this gentleman has been fully vetted. the "post" had written a story on this gentleman a long time ago. he's a contributor to harvard university and he runs a major u.s. company. i'm confident the guy is a legitimate donor. >> does this make it more difficult for the clintons to push away the perception there is a blurring of the lines between the clintons foundation and politician particulars? >> i didn't even bring him into the foundation. it has nothing to do with the clinton foundation. d and helped the president on the foundation. i have traveled all over the globe with bill clinton. you go to africa and other places and look at what he has done for children, health clinics and aids research all over the globe. i traveled and have seen the great work they have done. i have been proud to be part of it. >> i have a question about the bill today. tell me [inaudible] >> we have a big problem in virginia in that's of the areas do not have access to broadband. martha: they are turning to the virginia bill he was there to sign today. he did take questions about the f.b.i. investigation that was revealed. let's bring steve and kirsten back in. kirsten, your reaction to all this? >> this becomes a bigger story because of his relationship with the clintons and it brings us cash scandals they have had. there have been accusations about the clinton foundation. it revives the story, whether what he's saying is correct or not. it's just reviving sort of long-running narrative about the clintons and foreign donors. martha: he was asked why there is so much overlap in the temperature' clinton campaign. he said we know a lot of the same people and travel in the same circles. but the instant wider circle is yes they know all the same people and that's why this may be connected to the larger questions about the foundation. >> one way to evade limits on campaign giving toys give other entities. can we call this the least surprising story of 2016 so far that terry mcauliffe would be involved in a potential fundraising scandal? this is what he has done for a living. this is what virginians warned about when he was elected governor. the number of times he said i'm very confident he's been properly vetted. he didn't sound very confident as he said those things. at the ends of his comments he took pains i thought to distance himself from wang. saying i'm not sure i have even met him. other people have looked at him. he deserves the presumption of innocence in response to these questions. but generally the justice department doesn't launch an investigation if there is nothing there. and terry mcauliffe has been doing this for quite a long time. i think he's probably got reason to worry and so do the clintons. martha: we talked to peter swieltser who wrote "clinton cash. he says his gut having dug into this so deeply that this came up as part of the larger investigation. whether she used her influence as secretary of state with anyone, the speeches, and whether that money had any power or weight with her as secretary of state when issues of these different -- of these different countries. >> he should never say things i have never met this person. then there will be a picture of him shaking this person's hand. anybody who is a donor to a campaign usually takes advantage of that and ge in the photo line. and more importantly it's his campaign. it doesn't matter he met him or not. it matters whether this person was properly vetted. but as steve pointed out, they must have had some veal cause for it. martha: i think charlie trey was somebody nobody remembered when he was standing with bill and hillary clinton during that questioning. eric: going back to the 90s, donald trump going after bill clinton for those infamous sex scandals. both candidates seem to be pivoting to a nasty election matchup. more on what we can expect coming up next. >> they have been dirty players historically and i have to fight back. chelsea's wedding. rumble! road trip. there she is. uh oh, oh, oh, oh, what? so here is our road trip itinerary. what's this? a bunch of different places... nah, bro. we gotta go off-script. rip to shreds every motel, cabin and teepee, between here and the wedding. now get out of my seat. alright. (screams) road trip! whahhhh hahaha... road trip! . . . . ♪ ♪ (charge music) you wouldn't hire an organist without hearing them first. charge! so why would you invest without checking brokercheck? check your broker with brokercheck. martha: donald trump taking the gloves off hitting hillary clinton where it hurts reminding voters of bill clinton's past. welcome, everybody. brand new hour two of "america's newsroom." i'm martha maccallum. eric: hello, martha. i'm eric shawn in for bill hemmer. donald trump back on the campaign trail. he is hitting four states over the next four days and coming out swinging, directly at hillary clinton, questioning her claims that she protects women. mr. trump telling bill o'reilly why he was forced to go down this road. >> i don't like doing that but i have no choice. she hits me on things. i have no choice. it is unfair. they have been dirty players historically, i have to fight back the way i have to fight back. eric: senior national correspondent john roberts live in albuquerque, new mexico, where mr. trump is holding a rally. guess what, president clinton is in the state campaigning for his wife. john, this ad, everyone is talking bit. tell us about it. reporter: something that the trump campaign posted on its intragram site yesterday. features sound recordings of people like monica lewinsky, juanita broderick, kathleen willey talking about their their experiences with bill clinton. reminder what happened in the 1970s, 1990s, infidelities, allegations of sexual assault on bill clinton's part. here is the audio. >> no woman should be subjected to it. it was insults. >> he starts to my top down and i try to pull away from him. [laughter] >> reporter: trump campaign an suggesting that do you want to bo back to what happened in the 1990s in 2016? democrats fired back that donald trump is paying kathleen willey coming out. that roger stone that trump contributed to a fund to help pay kathleen willey's mortgage so she can go out on the road. listen to this. >> we have raise ad substantial amount of money. trump himself is contributor. i'm not ready to disclose what he has given. reporter: we reached out to trump campaign, to see what roger stone says is true. so far we have not heard anything back. eric: looks like going after bill clinton will be a issue and strategy for mr. trump in the general election cam in. reporter: definitely he will be. there are all could have reasons. he wants to tell clinton campaign, and bill clinton he will talk about what happened with bill clinton. secondly he is trying to drive her negatives up as high as possible about everything that happened 20 years ago. he was speaking with bill o'reilly last night. here is why he said he is doing it. >> i'm only responding to what they are doing. she has been nasty. i would like to it to be on policy, straight right down the middle. reporter: couple of other things to keep in mind what is going on today. it is the washington state primary. 44 delegates at stake. but of the 41 elected delegates over the weekend, 40 are ted cruz supporters, they will be bound to vote at republican convention whoever wins washington state today. you saw articles written over the weekend and end of last week and big republican donors are not going to raise money for donald trump. i talked with sources inside of the republican national committee today. they're really happy where they are with big donors. they said they are going to quote, blow the doors off online and small dollar contributions in this election season. so even though eric, some people are sitting out, they're very happy where they think they are in terms of being able to raise a billion dollars they will need for the general election. eric: it is a lot. they will certainly need it. looks like it will be an amazing rally. we'll see what mr. trump has to say in the wake of this ad. reporter: absolutely. eric: john, thank you. martha if. martha: the new attack ad we're talking about raising questions about the tone of trump campaign. bill o'reilly raised questions with the candidate and advised him to proceed with caution. >> today on the internet you put up some stuff about hillary clinton and bill clinton and kind of tawdry stuff, i'm not sure that this is a good thing to do that. martha: barry bennett, joins us now, senior advisor to the trump campaign. barry, good morning. good to have you with us. >> good morning. thanks for having me. martha: why is it a good thing to do this? >> i don't judge things between good and bad. it is necessary thing unfortunately. martha: why? >> the clintons don't play bean bag. they're very serious and they're very skilled. they destroyed a lot of their enemies. we need to do everything we can to defeat them. martha: all right. so you know as we talked about earlier, so this is an effort to increase hillary clinton's negatives, to go after them and bring up the stuff from way back because it is necessary as donald trump said last night. he is famous always saying he counterpunching and counterattacks. the question politically who does this bring into your fold? who is added to the trump campaign circle by this? the people who are looking up these old videos and going after this stuff, they're already in your camp? >> well, but we have to understand that since 1990 and -- all through the '90s, we have 30 or 40 million new voters who didn't participate in the clinton presidency years. they don't know this stuff. younger voters don't know this stuff. it is kind of an education process for them. martha: let's pull up a quote from donald trump in september of 1998, since we're going back to the '90s, he was talking about bill clinton. he felt that his strategy was flawed. he said he should accept complete responsibility for personal failures, be lucky enough to have enemies with their own shortcomings and hold steadfast to your political agenda. after the initial shock has passed the american people are less interested in sexual transgressions than they are in public achievements. he also said bill clinton did a terrific job. bill clinton did an amazing job. there is no doubt, barry you will see ads from the clinton campaign with donald trump saying those words coming right back at you. >> the problem is, he didn't follow the advice, right? he lied. eventually had to admit he lied. tried to cover it up. they set out the campaign to destroy these woman. i think it is all fair game. martha: all right. so in terms of the other stuff, talking about how bill clinton did on the economy, he was terrific, did amazing job, separate from the sexual assault allegations he is also going to be shown talking about bill clinton being an amazing president on the economy. >> well i mean i think the presidency of bill clinton was successful if you look at the math, no problem but the true story is that the republican congress had a lot to do with it. he vetoed welfare reform two times before he finally signed it and claimed it was his own idea. the republican revolution in congress had a lot to do with it. martha: i guess one of the big questions, when you look at this ad, just one of many, many ads no doubt we're going to see over the course of the next five 1/2 months. donald trump talked a lot about pivoting, wanting to talk more about policy. i guess his critics at this point say they don't see that pivot. they don't see that deeper interest. there is another story out there it is hard to get him interested in these foreign policy in shoes. can you address that? >> you know i think this campaign will be about people who have experienced real pain. schools that don't teach, factories with no jobs. bad trade deals. heroin that kills in ohio, heroin kills six kids every night. that heroin comes from mexico across the bored we don't protect. those are issues we'll talk about in the campaign and that is what we've been talking about the last year. martha: there is question that john roberts raised about a previous reporter about kathleen willey. has donald trump contributed to a fund for kathleen willey. can you address that? >> i have no idea. martha: have no idea. barry, thanks for update on the campaign. good to see you again. many thanks. >> bye. eric: another major shake-up this morning at tsa the agency removing the top security official after the growing backlash over those long lines to wait to pass security at some airports. man, oh, man, topping three hours. can you imagine that? that of course is caused some folks to miss their flights. rich edson, live at white house with the very latest. rich, who is out at tsa? reporter: good morning, eric, kelly hoggan, head of security at tsa he is out. head of transportation security administration peter neffenger announced several changes in memo. this one included. long security lines the latest problem for the tsa last year the tsa inspector general issued a report that agents failed to detect fake weapons in the 5% of their -- 895% of the their tests. all that came they paid hoggan 95,000 in bonuses across 13 months. house oversight reform committee asked neffenger if he would discipline and dismiss hoggan pro his position. declined. said there was no evidence of he replaced hoggan with his deputy. it details changes at chicago o'hare's air report, at a spot this weekend where hundreds of people missed flights because of security lines two to three hours, eric. eric: as we head into the busy summer travel season is there a sense these changes will actually work? reporter: that's right. ahead of memorial day weekend. neffenger's memo claims the changes will have more focused leadership in screening operations around the country but there is skepticism around that. "the new york times" report that tsa employee claimed these changes are meaningless and that the tsa is simply acting out of desperation here. "the times" report notes that employee sued the tsa because he says he was for reported misconduct. airlines and airports are talking about hiring supplement screeners or forgoing tsa all together and hiring private screeners. eric? eric: until all this kicks in. here is good advice. get to the airport, really, really, really early. thanks. rich. martha: such a pain. one of the clinton's terry mcauliffe raising investigations into his fund-raising. did terry mcauliffe break the law? he says he did not. we'll talk to the judge. eric: interesting to see what the judge has to say. the big question was it a bomb that downed egypt air jet. we have conflicting report this is morning. we'll tell you what new evidence is showing. martha: another baltimore police officer exonerated in death of freddie gray. after two trials, there are no convictions. raising the question did the prosecutor go too far. judge janine. >> it was beyond words. an extraordinary moment. long overdue. years of heartache with my son. now that the verdict gone the way we all hoped it would we're ex-stat tick. -- ecstatic. hidden valley cucumber ranch. just one of our delicious ranch flavors. think fixing your windshield is a big hassle? not with safelite. this family needed their windshield replaced but they're daughters heart was set on going to the zoo. so guess what, i met them at the zoo. service that fits your schedule. that's another safelite advantage. ♪ safelite repair, safelite replace. ♪ martha: iraqi security forces claim progress in an offensive to retake fallujah from isis. [gunfire] government troops saying that the militant group's supply lines into the city have now been completely cut off but the push to take fallujah is expected to be an extreme challenge for these government troops. tens of thousands of civilians were to remain in the city. many were told by isis they could not leave under punishment of death. the area is full of landmines and booby-traps. it was the first stay to fall to isis two years ago. eric: new details about terry mcauliffe, governor of virginia and long-time close confidante ever both bill and hillary clinton. as we've been reporting this morning now under federal investigation. the fbi and justice department apparently scrutinizing his 2013 campaign for governor of the commonwealth and whether or not his campaign potentially accepted any illegal donations. mcauliffe was chair of president clinton's 1996 campaign and of mrs. clinton's 2008 run for presidency. in the last hour the governor himself came out in virginia defending his actions and he denied any wrong doing. >> there is no allegations of wrongdoing. they're entitled to do an investigation. as i say it relates to this donor, a valid donor. had been a green card holder since 2007. and you know, we fully vetted him. eric: there is the defense, judge andrew napolitano, fox senior judicial analysis. fully vetted, we didn't do anything wrong. passed everything by the lawyers. it is on the up and up. >> terry mcauliffe is old hand at raising money. he is not a rookie. he probably knew what he was doing. he probably hired people that knew what they were doing, but that doesn't explain why the fbi was looking at it for a year. if the issue whether or not mr. wang is lawful resident of the united states. if he is not, chinese national, $120,000 was unlawful donation. if he is lawful resident of united states, it is a lawful donation but doesn't take fbi a year to figure that out. eric: what do you think they're trying to figure out? >> this came up in the context of and is being investigated by the same fbi team that is investigating mrs. clinton for the public corruption al goings, not for the email misuse. the public corruption al goings alleges that she made decisions as secretary of state to benefit her husband's speaking fees and to benefit her husband's foundation. in that connection terry mcauliffe's name came up, he was the nominal head of the foundation during that time period. that is issue number one. issue number two, if they're just looking at mr. wang's contribution, why did they get from the irs, which "the washington post" reported, governor mcauliffe's tax returns. there is obviously more than meets the eye. eric: what is fascinating, "the washington post" says as you note that the fbi is going into the governor's bank records and tax returns and personal finances. do you see potential of mr. wang, he is apparently permanent resident of the united states. that is legal to give money if you are but he is a chinese citizen, a member of the national peoples congress of china. we've had echoes of this type of allegation scandals in the past. >> well, you know as well as anybody this building the involvement of the clintons with the chinese, going back to both dissident and government going back to the era when bill clinton was president of the united states. i don't know that this goes back that far but this can't be just the issue of, is he a lawful resident of united states? isn't foreign age sent? he is actually a government official. all of these things may be of interest to the fbi but again, eric, they do not justify a year's worth of examinations -- eric: how can they backtrack this money? apparently mr. wang is multimillionaire businessman. the governor noted he gives money to harvard and nyu. is there a way to see potentially this was money funneled through these corporations that he controls to the clinton foundation and that then there was action taken on behalf of these companies because of these donations potentially? >> and was the action taken by then secretary of state hillary clinton? and was this deal packaged by then mr. mcauliffe, running to become governor mcauliffe? that is probably what the fbi is looking for. eric: there is statement from mr. mcauliffe's attorney, his name is mark elias, he said earlier we can not confirm the cnn report they broke originallynal, that the governor has any knowledge about this matter but as noted contributions from mr. wang completely lawful. how does the fbi disprove that potentially? >> that is why they're gathering documents. i heard governor say he was stunned by the news report. in fact he heard nothing from the justice department. had no idea he was under investigation. eric: if he was a target would at the tell him? >> if he was a true target they may tell him. he may be a true target or may not yet be a true target. it is unusual a person would be subject, target or not, subject is lesser, target is greater of federal investigation for a year and not know it and not have a lawyer dealing with justice department. very unusual. eric: sounds like a long time. seems like they have some investigation going. >> eric, i don't know what it will be but more will come. eric: judge, always good to see you. >> a pleasure my friend. eric: martha? martha: bob corker whether his meeting with donald trump means he is on the vp short list. >> i have no sense whatsoever that i'm being considered for any position. that certainly was not the topic of why we were there. martha: all right. so who is on the short list? this is going to be the discussion from here until the big announcement. we'll talk about some of the names that donald trump may be interested in for his vice president after this. then there's this. [siren] eric: wow, look at that a suspected drunk driver, he crashes her car and guess what? she has a four-month baby inside. as you saw all caught on tape. more on that as "america's newsroom" rolls along this morning. retired general michael flynn who has been outspoken against the obama administration's policy in defense. senator corker as i said met with trump yesterday and he denied there was any talk of a vice-presidential possibility. here he is. >> to even offer conjecture around something that i don't believe is even being considered is not even responsible thing for me to do. martha: there you go. byron york, political correspond didn't for "washington examiner" and fox news contributor. >> good morning, martha. martha: talk about bob corker first. your thoughts on him that he is possibility even though they didn't discuss it. >> that was not exactly a no from senator corker, was it? he would fit trump model for vice president. tram campaign manager corey lewandoski was on television said that trump will pick someone with federal elected experience. senator corker, senator sessions a lot of others would fit the role. pretty clear when trump looks at partnership with vice president. i'm outsider here. i have taken care of outsider thing. i need someone who ten me get things through washington. martha: interesting when you think about it. the similarity in terms of experience with joe biden because, joe biden was also the head of the senate foreign relations committee, the chair of that committee and in both cases, as is bob corker, so he has a lot of background in foreign policy both cases with president obama and donald trump the area that people seem to point to over and over of potential weakness is foreign policy? >> that's right. that is something, that, you know, governors have the same problem when they get the presidential nomination. trump has extra measure of it because he has never been in government at all. so he will be looking i think for someone. now we've seen this name, general flynn, and who is, who was, former head of the defense intelligence agency. obviously a lot of experience in military, national security, intelligence affairs. that's the kind of person that donald trump needs on his team. and i think in addition to bringing, talking to people and you know, fueling speculation that he is considering them for vice president, he really needs to collect a group of solid, respected people in the republican and conservative world to be his advisors. martha: you know, we've seen a nice jump in the polls for donald trump, up 11% over the past month and i wonder what you think, even just floating names, putting possibilities out there, it does give people more of a more substantive image of who he might surround himself with? >> yes. it is single most important decision a presidential candidate will make. so it is important as a matter of substance. but also you've got to remember this is trump there. there is showmanship there. we'll not know the decision for quite a while. the republican convention begins on july 11th. trump will not name this person until many weeks from now. and, the more there is interest in it, the more, is it this person, is it that person. this is that trump builds interest in this decision. so, yes, it is substance but also showmanship. martha: no doubt. i think this convention will be unlike anything we've ever seen. >> absolutely. martha: from what we're hearing. that will be a huge story in and of itself. quickly before i let you go, your thoughts that hillary clinton decided not to participate in the debate that bernie sanders wanted her to be very much part of on fox? >> as journalist, fox news contributor, as a citizen i would have wanted to see a debate between sanders and clinton but i think as political strategist for hillary clinton there was no way she was ever going to do it. she has the nomination virtually wrapped up. this is a situation where the guy who is nearly 300 delegates behind doesn't get to make demands. so i'm not at all surprised by her decision. martha: yeah. she doesn't want to elevate him to the stage as they head into the california primary. byron, thank you. >> thank you, martha. eric: did the prosecutor go too far charging six police officers in the death of freddie gray? that after a second police officer walked free after another not guilty verdict. that makes two trials and no convictions. martha: and number 12 for the new england patriots, tom brady, wants another chance to prove he had nothing to do with underinflated footballs in a big playoff game after a court upholds his suspension. which is a huge surprise. will he be out four games or no when we come back. in a good, clean salad, every ingredient is the main ingredient. the new green goddess cobb with avocado, bacon, freshly made dressing, tomato... and chicken. at panera. food as it should be. [phone buzzing] [engine revving] [engine revving] [phone buzzing] ♪ some things are simply impossible to ignore. the strikingly designed lexus nx turbo and hybrid. the suv that dares to go beyond utility. this is the pursuit of perfection. eric: bill cosby right now is in inside of a pennsylvania courtroom. arrived an hour ago as you see there. he is attending a preliminary hearing to determine whether or not he will go to trial on charges that he drugged and sexually assault ad woman, andrea constand in 2004. cosby maintains it was consensual. she says it was not because he drugged her with pills in the wine. we'll bring the details to you. martha: so officer edward nero was found not guilty on all charges in connection with the death of freddie gray. an earlier trial for an officer charged with manslaughter ended in a hung jury. that was back in december. now after two trials and no convictions, baltimore's top prosecutor is under fire for the way that she has handled these days cases against six officers who were charged. officer nero's father reacted to this verdict yesterday. here he is. >> i can't speak for my son but as far as how he feels i'm sure he is feeling very well. it has been a burden he has been having to carry with but at the same time he has five other officers that are his fellow brothers that have to go through the same thing. martha: judge janine pirro is the author of, he killed them all, robert durst and quest for justice. what a story that was. we want to talk about this one. she is the host of fantastic, "justice with judge jeanine." good to have you here. >> thanks, martha. martha: we all remember when marilyn mosby walked out of the courthouse. she looked like the case was slam undid. she was very force if you recall. she got a lot of attention. not going well for her. >> when she came out, america went, whoa! this is woman is in control and knows what she is talking b that day i remember saying how is it possible to file manslaughter charges, murder charges against cops when you only got that autopsy report and police report 24 hours earlier? this was not only for her, marilyn mosby, elected d.a., a rush to judgment. it was a rush to the spotlight. and the language that she used, prosecutors all over the country kind of went whoa, when she said to the youth of this city, i will seek justice on your behalf. i hear your call. no justice, no peace. prosecutors, that is not our job. our job is to put the allegations where the evidence is. and to make a case. she so far has two trials, no convictions. this is not looking good. and i think it's a reflection of her inexperience, not just in terms of how to handle a big national case, but recognizing that in the cases unique as this where you want to attribute death to these cops, you have to have an m-e to back you up and you have to talk to everyone first. martha: so true. that came in the heat of unfolding in ferguson and baltimore and looked like she was reaching for sort of lofty ideas in terms of what she could bring to this case in terms of a statement about what she felt was going on in this country but as you point out, as a prosecutor you have to have the facts, you have to have evidence. the other cases remaining, are they stronger? >> they say the strongest case is against the van driver. and that is the next trial that is going to go forward. possibly yes, possibly no. you know what i think is so important, martha? i think the fact that the judge who tried this last case, nero's case, charged with assault and misconduct in office and reckless endangerment, he was african-american, well-respected judge who clearly to him justice was blind. and that's the difference. when you have real ethical professionals as opposed to people who are looking for the limelight and think they're going to answer the call of x, y or z, you know, then you're going to get justice with the real ones. marilyn mosby, i don't think she belongs in that position. she was an insurance lawyer. i don't think she belongs in the position now. i think she has real problems and her rush to judgment has negatively caused this city enormous, baltimore, enormous costs, money, looting, businesses. shame on her. martha: think about it. look at a quote from the attorneys for officer he had war nero who was cleared in this case yesterday. they say the state's attorney for baltimore city rushed to charge him as well as other five officers, completely disregarding the facts in the case and applicable law. they go on to say his hope that the state's attorney will reevaluate remains five officers cases and dismiss their charges. what we know the individual was brought into the van and week later died of a spinal cord injury. somehow that happened. unfortunately the case became about something other than that that. doesn't matter if freddie gray was a black man or a white man, what happened here happened. i don't know if the process led to finding answer of that question. >> i'm not so sure it has because the presentation to the grand jury or assessments of file, ultimately the homicide charges could not have been proceeded by any real investigation. could not have been proceeded by any testing of the evidence, of the witnesses. is this expert qualified? is that expert going to come in and disregard it? what was freddie's condition? you know, what happened to him on that van? we don't know. you know what, martha? we want to know. martha: absolutely. >> everyone is entitled to know. his family is entitled to know. the truth is when you have an amateur in a position as important as this, where it is about everything other than the facts, you lock down with the facts. then we're going to have no justice for anyone. martha: in terms of forensics there is no way to determine how he hit, how that break happened in terms of the van driver, if he wasn't buckled in, was the van driver negligent, could be a possible manslaughter if he aware he wasn't buckled, right? >> apparently there were new policies nero said he wasn't aware of that he should have been buckled in. what did the van driver know? what is his history? what did he say? what did he see? what did he hear? she comes out like this, it's a homicide, therefore someone is going to be prosecuted. no! martha: judge janine, thank you very much. what a case. good to see you. >> good to see you, martha. martha: back to you, eric. eric: all right, martha and judge, thank you. hillary clinton decided she is done with debating bernie sanders but you know that is not what she was saying in 2008 about presidential debates, claiming she would sit down anytime anywhere. is skipping out on this one a mistake or wise political strategy. our panel on hillary's no show. and then there is this. [siren] martha: a drunk driving crash caught on tape and a four-month old baby trapped inside life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for you. see if you're eligible for 12 months free at mybreo.com. thope to see you again soon.. whoa, whoa, i got this. just gotta get the check. almost there. i can't reach it. if you have alligator arms, you avoid picking up the check. what? it's what you do. i got this. thanks, dennis! if you want to save fifteen percent or more on car insurance, you switch to geico. growwwlph. it's what you do. oh that is good crispy duck. martha: you are looking at courtroom door in norristown, pennsylvania, where we are waiting for bill cosby to exit after his sex assault hearing. the outcome of this hearing will tell us whether or not the judge feels they can go forward with this case of a woman who says she was assaulted by him. she is one of 50 women who claim that bill cosby assaulted them. whether or not the timeline has run out on this thing we don't know. we'll keep an eye on it. as soon as he comes out we'll turn that around. we'll get that to you in short order. ♪ >> most important job in the world, it is the toughest job in the world. you should be willing to campaign for every vote. you should be willing to debate anytime, anywhere. i think it is an interesting juxtaposition where we find ourselves and you know, i have been willing to do all of that during the entire process. eric: did she forget those words, hillary clinton? that was back in 2008 when she was running for president and trailing then senator barack obama. that on her willingness to debate. well eight years later right now she's on top and she is changing her tune, rejecting an invitation from fox news, for one final debate with senator bernie sanders, ahead of a huge primary in two weeks, from today, that includes california. for his part senator sanders blasted mrs. clinton for skipping out. >> it is a little bit insulting to the people of california, our largest state. [cheering] that she is not prepared to have a discussion with me about how she will help the california address the major crises that we face. eric: is he right? monica crowley, online editor of "washington times." julie roginsky former political advisor to late new jersey senator frank lautenberg. both fox news contributors. monica, let me start with you. hide and seek with hillary. she is ducking, hiding. like the turtle. i'm not going to debate anymore. i'm done. >> she wasn't wrong to make the call. i think actually a good call on her part. there was only downside for her. look, she has within 90 delegates from winning nomination outright. why should she take the risk of saying something or doing something that could call cause her lasting damage. problem is hypocrisy, when she was underdog to barack obama she wanted as many debates as possible. this works to bernie sanders advantage, eric and julie, he has all the ammo going into california. he can make a lost hey, she is running from me, she doesn't want to be debate and be coronated. eric: what about that, julie? two weeks in politics is a long time. he will spend the next two weeks she doesn't want to talk issues. she doesn't want to debate and hiding from me. around he doesn't want you to know. >> he can say that but as monica points out, she is 90 delegates short, but will make it up in new jersey before the polls close in california, we fully agree on this. no reason to debate bernie sanders. she is trying to put him in her. eric: is that fair to the voters? >> fair to the voters she is not debating him? eric: yes. >> of course. they had debates in the stand. they know where she stands. for her politically, this is political strategy part of this. she shouldn't be focused on sanders. she has the nomination locked up. sanders people don't believe it. mathematically impossibility for him to win. eric: he is doing it. not like turn off the lights and close the door. >> he is saying going all the way to the convention. i do think it was the right call for her in the short term but the longer term problem for her in not doing this debate is that it reinforces this image that she's above it all. that she had some difficulty in the coronation. it didn't quite go as smoothly as she thought it would but still ultimately a coronation. there are millions of voters on democratic side with bernie sanders who would like to put a stop to that shows once again she is pulling rank and that is never good if you're going into presidential race. >> look, we've had other candidates in the race, one who will be the pub put nominee, blew off a fox news debate as you recall. not as if we had candidates clamoring to debate. underdogs usually are, not guys in charge. eric: you face megyn kelly, not like facing bernie sanders. >> i agree. i don't disagree. eric: what is hilarious about the whole thing, clinton campaign said one reason she is not doing it wants to focus and debate with donald trump. talk about a debate with donald trump. it is may. monica, may, june, july, august, september, october, november. six months? to get ready to face donald trump? >> she hasn't been through as many debates as republican candidates have. donald trump has been through a whole slew of debates, yes. he turned down one through fox news but he went through the gamut. mrs. clinton went through handful of debates tightly controlled by debbie wasserman-schultz and dnc. she debated bernie sanders but more on the same page than not. she hasn't had any, she had some competitiontics but in terms of debating she is still relatively rusty. if i were hillary i would want the experience going into debate with donald trump come fall. eric: finally, does that mean she will be ready for trump? >> i think she will be ready for trump. i know some of the people on her debate prep team. they're the best and incredible. donald trump is not disciplined debaters that appeals to people on republican side. not sure how that plays for independents. eric: promises to be a quite a show. >> good ratings. eric: if they all get the nominations. monica, julie, thanks. martha? martha: go to our friend jon scott find out what is happening on "happening now." hi, jon. >> hi, martha. new piece by karl rove out lines which candidate will win the week. will it be hillary clinton or donald trump? drew peterson behind bars for killing his third wife. back in court. how jailhouse recordings could cause the cop on trial to hire a hit man to go after the prosecutor that put him behind bars. tornadoes touch down in the heartland. leaving a trail of destruction. where that bad weather is going next all on "happening now." martha: thank you. meantime, tom brady is not taking know for an answer even after courts told him to sit down and serve out his suspension for the football incident. what is his argument now? we'll talk about it. (politely) wait, wait, wait! you can't put it in like... ...that, you have to rinse it first that's baked- on alfredo. baked-on? it's never gonna work. dish issues? cascade platinum... powers... through... your toughest stuck-on food. so let your dishwasher be the dishwasher. see? told you it would work. cascade. ♪ martha: new england patriots quarterback tom brady appealing again his four-game suspension over the "deflategate" issue. he wants a second court hearing after his first appeal was denied. a attorney for the players association says that the facts are so apparent brady deserves another hearing in this case. jim gray is of course sportscaster extraordinaire and fox news contributor. good to have you with us today. >> good morning, martha. martha: he will be able to play. it was all done. they did the panel and a judge over turned that decision. where is it now? >> well it's a legal long shot with the second circuit to get the full hearing of the entire panel. however the facts are still drastic according to ted olson, former solicitor general who brady and nflpa hired for a rehearing. judge berman originally said what happened to tom brady and really wrong. he ruled on the facts of the case which are bat against the nfl. the appellate court, second court of apples, 2-1 decision against brady ruled on the law. the law is such that the cba provides that the commissioner has wide-ranging powers. they said he was within his power to do it. now they're trying to get the full second circuit court to hear it and it is a legal long shot. they must get 7 of the 13 judges to go along with the hearing. martha: it seems, tell me if i'm wrong, seems like roger goodell trying to assert his ability to make this kind of decision and have it stick? and that on brad did i's side, it feels that they feel the original review that found it more probable than not, that he had awareness of the deflation of these footballs at the game, that that was simply not, you know, sort of high enough bar to convict him in this sort of court and this court, this sort of decision? >> general awareness. what a disgrace. i mean, come on. general awareness. what does that mean? i mean this is now been going on for months and $20 million the league spent on this the score of the game was 45. if this was intact -- 45-7. if this was something went wrong, this is minor equipment violation. this is not major crime. for roger goodell not to discern the difference he is trying to protect his power. it has moved well beyond tom brady what might have occurred there. i don't believe he did anything wrong. however now it is about the commissioner trying to hold on to his powers. he does have wide-ranging powers. nflpa gave up the powers when they collectively bargained them away. now they find themselves in a trap a guy abusive in this instance with the power. the nflpa's dean smith, says the nfl has history of being bullies when it comes to the players and that is the case hire. martha: when you go back to the underlying facts of the case, you talk about sort of what is appropriate in terms of punishment, as you point out they checked the balls at halftime, made sure they were inflated to proper level and then, they basically played better than they did in the first half. when you look at things people are accused of in the nfl, seems like fairly minor issue and many people don't see it that way. >> they look more at peoples socks and guys wearing knee pads than they ever looked at ball. last guy they decided, jets kicker tampered with the football, gave $25,000 fine. when two teams put balls this into heater during the game, the nfl says that is against the rules. don't do that again. now all of sudden they decide is the equivalent, roger goodell to performance-enhancing drugs? it doesn't equate. that is why we're in this circumstance. if the second court doesn't hear it, they will go to the supreme court possibly to see if they will hear it. martha: all right. thanks a lot. we'll be right back. >> . >> . think fixing your windshield is a big hassle? not with safelite. this family needed their windshield replaced, but they're daughters heart was set on going to the zoo. so we said if you need safelite to come to the zoo we'll come to the zoo! only safelite can fix your windshield anywhere in the us. with our exclusive mobileglassshops. and our one of a kind trueseal technology, for a reliable bond. service that fits your schedule. that's another safelite advantage. ♪ safelite repair, safelite replace. ♪ create your own seafood trios you can try something new with every bite. pick 3 of 9 all-new creations for $15.99. like baked lobster alfredo chimichurri shrimp and crab cakes bursting with crab meat. just hurry in before it ends. good to have you here thank you for having me. martha: once of news this morning so stay tuned for more with "happening now". thank you. >> thank you for joining us for nine cu everybody . jon: the presidential race getting a little hotter right now with the washington state primary underway. candidates also look ahead to the next big contest in california, new jersey and new mexico two weeks from today. a good tuesday morning, i'm jon scott, welcome to "happening now" p7 i'm heather childers in for jenna lee so lots of activity out west. donald trump, hillary clinton, senator bernie sanders all holding events out there today. the presumptive gop nominee during up for a rally in new mexico while

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