This is cnn breaking news. All right. Welcome back. This is the cnn newsroom. Im fredricka whitfield. Thanks for watching. Well following breaking news on bill cosby. A little more than an hour ago a judge declared as mistrial in cosbys case. It happened when the jury came to the judge after just one hour of deliberations this morning telling the judge they were hopelessly deadlocked and unable to agree on a unanimous verdict. Youre seeing pictures of bill cosby earlier today. The comedian had been charged with three counts of aggravate the indecent assault and despite the outcome the prosecution now vowing to retry the case. Cnn is following the story for us right now. We heard from the District Attorney kevin steele who said while theyre going to reassess, hes also vowing they will retry this case. Right. He had a lot of comments saying this is an important case and thats why it does need to be retried. You know, it speaks for a lot of the cases out there, a lot of cases out there and while he was disappointed, of course, with the verdict, he was grateful for how much effort, how much consideration jurors put in. Remember, they came back an hour after they started deliberating today, but this is now for those jurors it was six days or almost six days of deliberations. 53 hours. Thats a lot longer than they sat through for the entire trial, fredricka. But as you already told your viewers what happened today, i want to give you a timeline, everyone was called back into the courtroom around 10 00s this morning. The judge was handed a note from jurors and it said that, quote, we, the jury, are deadlocked on all accounts. Everyone inside the courtroom was told that the jurors were deadlocked and then jurors were brought in and the judge went through each of them, polled each of them, and said, asked are you, you know,s is this your decision and they all were in agreement on all counts of this aggravated indecent assault, three counts against bill cosby. Its important to note the judge rather had some words also for the jury thanking them. He said probably one of the more courageous acts, the selfless acts that ive ever seen in the Justice System. I feel bad for you all. Also mentioning do not feel like youve let the Justice System down. So certainly they had a lot of consideration here, but it sounds like this isnt over, certainly from the d. A. s perspective, they will retry this case. Britain gingrass thank you so much. In the courtroom in norristown, pennsylvania, when each of those jurors was polled jean casarez hat the firsthand account. Shes outside the courtroom. We heard the pledge coming from the District Attorney saying he will move forward. Is there going to be an opportunity to hear from any of these jurors as to their decision, how they came to the conclusion . Well the judge said that they could speak to this press but they could not discuss the delib brags he told them. What the vote count was, what was said in the group of 12 because those are secret proceedings and you cannot discuss it brynn told you thats what i witnessed firsthand in the courtroom. I watched the jurors come in. We were told there was a deadlock and there would be a declaration of a mistrial. As i watched them come in, i didnt see any emotion on their facep they were are sort of stoic, maybe on the sad side, but stoic. But i saw a male juror, young male juror, as he walked in look straight at Andrea Constand and it was a very strong look. One of kindness. And then he sat and then once they were all seated i saw a female juror on the end who was one of the closest ones to andrea sitting in the prosecutions side she just looked straight at her. So this was a jury that i think had emotions, they have to have emotions after 52 hours of deliberation, but they also held them inside and the judge made them stand up one by one, asked them a very simple question, he said i just want a yes or a no. Were you hopelessly deadlocked in this jury . And each one said yes. Yes, your honor. Yes. They were quiet. Not bold and strong. Quiet and subdued. But they all said yes. The judge said that he had profound gratitude for them. I mean i think the most emotional person in the courtroom was really the judge. The passion that he had for the jury that they kept going and kept trying and he said thats justice, what you did in that deliberation room for all those hours, thats justice. And he said he will never ever forget them and with that they stood up and they were dismissed. And we just heard from the d. A. That it would be that judge, judge oneill, who would once again proceed over the next trial if, indeed, the prosecution does move forward. Jean casarez, thank you so much outside the courtroom in norristown, pennsylvania. Were also covering reaction from all sides to the stunning news of this mistrial in the bill cosby criminal trial. In the last hour i spoke with Attorney Gloria Allred who represents several women who have also accused bill cosby of aggravated indecent assault and here is some of her response to todays mistrial. I think one big problem in the current trial that just ended was that the prosecution wanted to call what we call 13 prior bad act witnesses, in other words other accusers, and the court only allowed him to call one, thats my client, kelly johnson, who was very brave in testifying. Now that theres going to be a new trial, im hoping that the court will allow more prior bad act witnesses, more accusers, to be able to testify so that the jury can take into consideration what their allegations are as well. And i say to mr. Cosby, its way too early to celebrate, mr. Cosby. Because round two is coming and justice may be just around the corner. So you feel fairly confident if there is, indeed, another trial that it will be the discretion of the next judge to potentially allow 13 witnesses that, you know, 12 of which that this judge did not allow and that might apply for a different footing of the case moving forward . I think it will change the case if the court, whomever the trial judge is, does allow more accusers to testify, because it could tend to prove, and this is what the prosecution argued when it asked to be allowed to put on 13 witnesses, it could tend to prove what we call absence of mistake. In other words, that mr. Cosby, if the jury believes he did drug women and then sexually attack them when they were incapacitated, that he knew that they would not be able to consent if they were incapacitated as a result of drugs. And that he had a common scheme and plan in doing so. And that is really important. Under pennsylvania laws the court could have allowed more accusers to testify, but declined to do so. Did not state why not. He did not state why only one would be permitted. Is it your feeling that your client, kelly johnson, or perhaps even Andrea Constand who helped bring this case, will want to go through this again in another trial . I havent had an opportunity to speak to kelly yet, but shes a very courageous young woman and so was her mother who testified and i know that andrea is also a very courageous woman. So my expectation is that they are subpoenaed, that they will testify, but ill let andrea speak for herself and ill confirm that with kelly but im sure she will always cooperate with Law Enforcement. Thats who she is. Everybody should do so. I want to say to any other Sexual Assault accuser out there, whether theyre accusing mr. Cosby or anybody else, never give in, never give up, report to Law Enforcement, get yourself a private attorney to advise you, and remember, there can be justice in this type of case. Well, is it your view that the outcome of this case, whether is a retrial or not, might impact other cases, including that of the libel case against bill cosby involving actress Janice Dickerson and the case youre representing, do you see that this hung jury sends a signal or potentially impacts those other pending cases, civil or otherwise . It does not. I believe it does not. Because in other words, the lack of a verdict either acquittal or conviction, does not give us the answer to what would happen in the second criminal trial. I will say this, there is a lower burden of proof in a civil lawsuit, in other words, we dont have to prove as much in a civil lawsuit, we dont prove guilt beyond a reasonable doubt, as is the burden of the prosecutor. We need only prove our case by a lower standard, thats by a preponderance of the evidence or by clear and convincing evidence, if were seeking prunetive damages and those are lower burdens of proof, not beyond the reasonable doubt which is up here for a burden, much lower. Its always possible, for example, in the case against mr. O. J. Simpson where there was an acquittal in that criminal trial, but there was a finding of liability, in other words the civil plaintiffs against him, the estate of nicol Brown Simpson and ronald goldman, were able to prevail in the civil case even though there was an acquittal in the criminal case . Gloria allred, linda kirpat trishgs thanks to both of you. Straight ahead the president of the United States and first lady are making their first visit to camp david today, but the investigation into possible obstruction of justice is deepening in washington and now the president is lawyering up. Well discuss his strategy next. Who ever lived . Of course he was strong. Intelligent. Explosive. But the true secret to his perfection. Was a heart, twice the size of an average horse. Beth is a total boss. She switched to the best deal in america. Total wireless. She gets the largest most dependable 4g lte network. And 5gigs of high speed data for 35 a month. Make it rain, beth. Total wireless. 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And spinach that was my favorite bite so far. avo new beneful grain free. Out with the grain, in with the farmraised chicken. Healthful. Flavorful. Beneful. Welcome back. Im fredricka whitfield. President trump adding a highprofile washington lawyer to his defense team amid the expanding russia team. Attorney john dowd once led the investigation. The pete rose gambling scandal for Major League Baseball as the tension between the Justice Department and president are at an alltime high. The president tweeting, quote, i am being investigated for firing the fbi director by the man who told me to fire the fbi director. Witch hunt. Joining me now joseph bore rely, new york city councilman and trump supporter maria cardona, democratic strategist, david southward lick, editor of the Washington Post and in Los Angeles Steve hall Cnn National Security analyst and retired cia chief of russia operations. Good to see all of you. David, let me begin with you. The president , you know, has added another outside and prominent attorney john dowd to his team to deal with this investigation. What does this say to you . What it says is that and both sides have added legal heavyhitters to their team. By sides i mean both the white house and the special Prosecutors Team have really top lawyers on both sides suggest we may be getting closer to an obstruction of justice charge. We dont know that yet. But that is one of the indications. And that both sides are taking this very seriously. But if you look at that tweet that you put up a second ago, fred, i think it just shows the position that all of the folks are in, particularly right now, Deputy Attorney general Rod Rosenstein, he comes out with this memo on may 9th, setting out the case that director comey was bad for leadership and morale at the fbi, that he didnt say fire him but was used as a pretext by the white house for firing him, then a day later, President Trump goes out and tells lester holt no, this was his decision, he was thinking about the russia probe, now with that tweet, the president is saying, actually no, this guy presumably referring to rosenstein, told me to fire comey and now hes overseeing an investigation. Its really getting to be a very convoluted messy situation. So its kind of a game of tennis, you know, with this chronology of what was the inspiration behind what, who is to blame, et cetera. The president s frustration with the russia investigation is showing, and hes showing it by way of these tweets and this tweet on friday saying after seven months of investigations and Committee Hearings about my collusion with the russians, nobody has been able to show any proof. Sad. So joseph, why do you believe the president wants to show his frustration publicly by way of tweets . It does seem like this would be adv adven takes you for him, particularly legally as hes lawyering up. I disagree. Twitter more than any rally or consultant or surrogate or anything during the campaign it was twitter that engaged him with the most voters who ultimately voted for him to become the president. I think the president s right to be frustrated. Isnt it also by way of tweeting which is kind of getting him in trouble, meaning now hes got this, you know, constant track record, his words, and it is assisting in the view of obstruction of justice and whether, indeed, you know, he should whether the investigation should, indeed, intensify . Well, no. I dont think he should go into hiding because i think for the most part hes right about this being a witch hunt. As i was saying weve had six or seven months of this talk about russian collusion and to date no evidence has been produced. This has been investigated by houses of congress. This has been investigated by every journalist right outside the newsroom. The investigations are not over. Thats the point. The investigations are ongoing, right, and investigation to lead to c if indeed there is obstruction of justice or collusion or anything else . The investigation isnt over but the narrative has been shattered with the testimony of james comey. I mean thats that was clear from the moment he testified. Maria . How is that been shattered . On the contrary. Everything that donald trump has done has been to the downfall of his own arguments. Look, i think one of the hardest jobs in probably the world today is to be a lawyer for donald trump. So i commend these folks who are joining his team, but unless they have the power to bind his Little Finger so he doesnt tweet anymore its going to be a more challenging job moving forward. And donald trump is his own worst enemy when it comes to things like this because he says one thing one day, perhaps to a reporter, and then on twitter he completely, you know, declares that moot because he says another thing. And it is you know, he tweets by the seat of his pants whatever hes feeling at that moment, and, you know, im sorry, joseph, but you might say that his supporters actually like his tweeting, but we have seen poll after poll that even his supporters would hope that he stops tweeting and actually focuses on what he promised to do for them when he was elected by frankly less than a majority of the country. So there is frustration all around by the majority of the American People who do not support donald trump and do not believe that he should be tweeting and even by his own supporters who are waiting for him to get something done, and hes obstructing his own agenda. Steve, you know, youve heard all kinds of, you know, language about if selfinflicted wounds with the president and that, perhaps, even his tweeting about james comey is now at the level some legal minds say at the level of harassing a potential chief witness. Is he doing the same with Rod Rosenstein, by in one respect praising his recommendation and now using Rod Rosenstein as the potential fall guy and, you know, pointing fingers that he potentially is to blame . Fred, im not a legal guy. Im a former intel guy. But i do have to weigh in on this whole issue of theres been seven months and we have yet to have any, you know, evidence whatsoever. I mean this is much more than a legal issue. This is much more than just, you know, who the president is saying, you know, this hes in charge of the witch hunt or hes involved somehow in an unto