Transcripts For FOXNEWSW Outnumbered 20200220 : vimarsana.co

Courtroom where this is all in children and young adults. Report fever, stiff muscles, or confusion, enfolding. I mentioned the length of time the sentencing hearing has been which may mean a lifethreatening reaction, or unconble muscle movemen, going on, david. Its actually extraordinary, may be permanent. Side effects may not appear harris, if you think about it. For several weeks. Metabolic changes may occur. It began a little after 10 00 movement dysfunction, today, 10 minutes after 10 00 restlessness, sleepiness, this morning. Stomach issues are common side effects. Its almost two hours later and we still dont have a sentence when bipolar i overwhelms, at this point. Vraylar helps smooth the ups and downs. We did get video of roger stones family members, friends, supporters, walking va Mortgage Rates have dropped fto near 50 year lows. Into the courtroom this morning. As you remember, this has become call newday usa. One call can save you 2000 a year. A major controversy with many different story lines and many different characters. But the one we are focused on with the newday va streamline refi theres no income here today is roger stone. Verification, no appraisal and no out of pocket costs. Last week, harris, prosecutors with the department of justice in the local u. S. Attorneys office said that stone should go and my team can close your loan in as little as 30 days. To jail for 79 years, somewhere one call can save you 2000 every year. In that range. That was the sentencing recommendation for witness tampering and lying to congress. The next day, attorney general bill barr said, listen, that sentence is too tough, we want a lesser sentence, without providing that sentence. President trump is also been the dome i complaining about that sentence. There are many things going on. But we can tell you right now in the courtroom roger stone decided not to speak. Normally defendants have a chance to say a few last words to the judge. He said he had nothing to say at this point. His attorneys are pleading saying roger stone is 67 years old, hes involved in charity work, hes a philanthropist, hes also about to be a great grandfather. Asking the judge to plead. Judge jackson, who ultimately can decide the sentence, three years, five years, ten years, 15 years, its whatever she wants. She is saying roger stone inserted himself into this controversy. Those were her words from the courtroom, saying roger stone essentially brought this on himself. Harris, right now we are waiting to hear with the sentence could be at the end of the day. Its up to the judge. Theres also that theory, that talk about a potential pardon from President Trump. No indication at this point g0d0j u a1ti. a;igqub itll happen from the as parents of six, this network is white house, but President Trump one less thing i have to worry about. Issued those pardons and vo why the aceves family chose verizon. Commutations yesterday. We all use our phones very differently. He is very close with these two are always gaming roger stone, he says he hasnt and this one is always on facetime. Thought about a pardon for roger stone when asked about it and my oldest is learning to be a pilot. We need a Reliable Network directly, harris, but at the because i need to know hes safe. Same time hes been tweeting as soon as he lands, he knows he better call mama. About roger stone and how unfair the process has been to mama him. So i suspect i will see you back vo the network more people rely on, gives you more. In just a few minutes here. As im seeing right now and our like plans your family can mix and match starting at just 35. Notes coming from the courtroom, and apple music on us. We are just a few minutes away plus, up to 650 off the latest iphone when you switch. From finding out this sentence, harris. Harris you know, david, thats verizon. Im looking at some of the nodes were talking about that you guys are sending from there. Not just about what the judges indicated but what she said. She talks about intimidating behavior directed at the court from stone before the trial. A lot has come up today. Yes, a lot has come up today, and specifically with that is roger stone is under a gag order now because prior, previously, several months back, he tweeted a photograph of the judge with cross hairs over her. Almost like a target over her picture. He apologized for that. So this has been a difficult back and forth between judge Amy Berman Jackson and roger stone. Apparently it looks like shes not going to have much sympathy. More notes coming from the court saying that she is looking at a stronger sentence. Again, the original guideline with 79 years. It looks like she may be going somewhere in that direction. At the end of the day, if he is pardoned, that vacates. One more thing, roger stone is requesting a new trial and judge jackson says shes not going to execute his sentence right away. Essentially he will walk out of here today even if he has a sentence, and she will rule on the new trial in the coming weeks if he is going to get one or not get one. He is alleging bias from a majority. So he will walk out of here, he melissa right now you are looking live at the scene. Will be taken into custody. We are awaiting the sentencing of roger stone on seven counts melissa david, there are a lot of details are on the story that market as unusual of lying to congress, witness you talk about that photo of the judge that brought it down like tampering, following a trial roger stone tweeted. That has seen a lot of twists the events of the predawn raid, and turns here. A lot of them outside of the why was cnn there when he came courtroom. Well bring it back to the couch out . Thereve been a lot of twists here. And turns that make it different we were looking at 79 years. From others. What was the temperature like in we dont know what the range is the courtroom itself . Who is in their gmac was it going to be. That was thought to be the very high end of the spectrum here, the possibilities. Silent, where their murmurs . Set a little bit of that scene your thoughts . Harris you know, its for us. Im looking at notes from the interesting. When attorney general media room. William barr talked about that being too much, and other attorneys weighed in on this there are no Electronics Inside the courtroom, but there is an network. Ive interviewed them, im sure you guys have, too. It seems to be on the outer edges of what was reasonable for immediate room where there is what he was convicted of. Audio piped into that meeting room. He is setting notes. When i read this, melissa, when at this point it looks like i read some of the notes from stone is calm, looks confident, the judge coming out of the is surrounded by his attorneys. Courtroom, mr. Stone the big thing is he didnt want to speak. Hes normally defendants are he misdirected the committee, allowed to speak to the judge. Dealing with wikileaks founder, no apology, no words to the julian assange. Judge. At this point we are just she is saying some specific waiting to hear from judge amy things. She is dealing with the obstruction charge in her Berman Jackson. Remarks. Melissa that might be shes bringing up some things smart given everything thats today that makes you think she going on. May take a total look at that seems like probably a good call. Harris david spunt, we sentencing. That 79. Will come back to you as the he mentioned this too, carley, news warrants. It may be in the next few previous to the break. I havent seen any indication it minutes. Thank you. Would be more than that, but we Brian Kilmeade today. Actually will kind of introduce had indication it could be a lot everybody as we go around. Less than that. I dont know, when you read the you have been on the story all notes from the judge in the morning long, and im curious to know your thoughts and the courtroom, brian, i get a feeling this could be strong. Length of time this has taken. Its been more than two hours, some of the nuances that we by the way. Brian i was reading the didnt expect today, being brought up in the courtroom. Crawl while doing the radio show. Think to myself, is that the brian number one, the judge is not going to be ruling . I was going through it as you were reading it. Intimidated by the story line, a couple of things, the fact how the president came out and sparred openly with his attorney that he said nothing blows me general during the week. The ramifications are tremendous away. Melissa why . Brian he had a chance to show contrition. For the Trump Administration as well as the justice department. There was a misunderstanding, he feels as though the there is extreme pressure at the intimidation factor is going to time. Play a major role. It wasnt just how he did, it was how he acted after he got charged. I would say this, one was dash happened. Brian the other thing is, could the judge feel somehow credico threatened to kill us that she has a loyalty those toe cap rate is never killed a cat before. It could be just hearsay. He doesnt have a history of doing that. Four prosecutors that resign . They took that as a threat. Harris she said she wanted to know about the defense come judge jackson must also know that the president of the of the two government lawyers recently United States retreated joined the case after four Tucker Carlsons monologue last night where he called on the original prosecutors resigned. She wanted to know why, she president to commute the sentence and pardon him. Needed notes on those two new guys. Two new people. The present already retreated what Tucker Carlson recommended. Brian im going to be she must know what could be just as tough, i dont care about the appointed attorney coming. General who says it should be maybe shes making a stand that less, and since the president will speak for itself, that will had nothing to do with it. Never be paid for. Harris Carley Shimkus with as this part of the pushback . Us today. Melissa i just wonder carley yeah, you know, if about the jury foreperson. She sentence is roger stone to more than 79 years, that would, to me, signal posting on social media. Harris i havent heard anybody say that would be an during the trial. That is shocking to me. Indication. David blunt and others have said did nobody notice during the that she approached those larger trial . Did they not bring it up . Numbers. Remember, they were lowered are even instructed that youre not supposed to be talking about after attorney general barr got involved. Carley but that would signal to me that a retrial was it . Harris dont they check probably not necessarily in the everyones social media . Picture. Marie which is why i think because why would you go that far only to say, lets do this it was a huge mistake on i guess it was the defense teams over again. Job to do that. But if there is a retrial, even i could also really see the president going for the pardon. If there isnt, now this judge not only because of the retweet is tasked with trying to figure but because he would see this thing out. That jury foreperson, shame on Something Like Andrew Mccabe not getting charged with any crimes. Harris he mentions him in her. It was her job to say, i am the tweet. Carley yeah, to roger stone who was arrested by biased. I know whats going on here, i an fbi s. W. A. T. Team and facing years in prison. Know who roger stone is, i have its very much with in his very strong feelings against the president. Character to see that something im not the jury for this that is unfair, and act. Trial. That was her job. It would be controversial, but because the new cycle is so fast so shame on her. Harris it would not be these days, even though its an to use that number or list of election year, he can afford in people they can strike from the february to make a controversial jury. Its their job to do that. If they have the proper decision. Information, that comes if harris how its in character for him to do shes doing it on social media,y Something Like that. A pardon, to act quickly. Doesnt think theres anything wrong with it. Unlike other presence she would never say im too who may have waited into the end biased. Of a term, to do that. Carley those of the questions he would ask. Also what we are seeing is the harris i would hope. But you have to get there. Frequency of these in the last do you to ask questions. Week. That the president is taking a look at things, marie. And not everybody is caught up carley she tweeted about in whitecollar crimes. Roger stone before the trial. Not everybody is caught up in harris is there anything in your social media that would lying and tempering. Give away our politics, maam . There are other people who have done prison time that fall into seems easy. That Prison Reform act the marie they should make sure there was consequent this period that he got caught up in president put forward. The investigation, got scared. And he has given clemency to because he lied, he misdirected many since last week. The fbi and congress about his marie the president loves this ability to pardon because contact with wikileaks, which he could do it so unilaterally. The cia director has said is a hostile foreign intelligence harris all president s can. Service. She is saying it was just a marie exactly. You dont need Congress Come you dont really need anyone else. Process crime, it has real and he clearly likes this. Consequences. Harris i want to scoot out i agree with carley and brian. To judge Andrew Napolitano, or if i had to put money on it, i fox news senior judicial analyst, to break this down. Think he will pardon first of all, its great to see roger stone. You. Itll be controversial for a thank you for being with us. Number of reasons. Roger stone has played fast and one big question, this has gone loose for his entire career with on two hours. Why . Well, because the judge knows legal issues. The fact that he treated that whatever she says and does cross hairs over the judges is going to be scrutinized not face during the trial, that is only by the public and those of us who scrutinize it for a insane. Now its coming home to roost. Living, but by the people on the ninth floor of the building she melissa he has a tattoo of is in, which is the nixon on his back. I mean, we are talking about United States court of appeals for the district of columbia circuit. So she wants to make it hes a unique person. Bulletproof. She runs the risk of tipping her marie but hes always place fast and loose. Melissa there are two interesting issues here. Hand and a showing personal antipathy toward roger stone. It seems to me she has demonstrated some of that. There are people convicted with no underlying crime. They were under the microscope if she gives very, very sound, and they did something and try and get out from under the microscope. Factuallybased reasons, reasons as a result, some of them are based in the record of the trial going to jail. Not everybody that hasnt always been the case. To justify her sentence, and if there people who lied and other the president does not interfere investigations, oh, well. With that, with a pardon, then the sentence will be upheld. I understand, but im saying so shes probably being very, that there is that and theres very meticulous for that reason. People like Paul Manafort who melissa sorry, judge, this had committed crimes in the past and they werent looked at is melissa francis. Ca light on the closely. Conversation we were just having until he got next to the about this jury fo foreperson . President. I think youve got to put those things in two different baskets. One, he got away with a crime are they instructed not to talk him . She was a partly on social media before, maybe he shouldnt have page of the attorneys not have volunteered to get close to a access or do they not think to go look at social media or even current president. Monitor it, whether its in the you know you have these things in your past, less something for past or during the trial, of people who are on the jury . That. For the people who were really chased down because they are does that strike you as a near the president , yes. As you say, they broke the law regular, and is that a to try and get away. But not we dont always prosecute that. That feels very uneven in my reversible error in and of itself can make a couple mind. Things about the jury brian i would think one thing, if he does get pardon, i foreperson. First, shes a lawyer. Believe if one shoulder blade so shes familiar with these has nixon, the everyone will procedures. Second, the social media she have used was not public melissa i thought it was social media. It was just to her own friends bigger than that. Harris leave actually gone down a road where brian is describing the ink on the back f and followers. That would have required hacking for either the government or the roger stone potentially. Brian thats my role. Defense to find out about it. Harris i want to pick a third, she outed herself. Different role for you after the conviction, on the [laughter] marie to carleys point, i am outraged when any president same day and within hours of the pardon is a personal friend who resignations of a four is accused of lying about things prosecutors. What she outed about herself, that, in part, involve them and their campaign. I do not like it, i think its melissa, showed a tremendous inappropriate. Melissa he feels like its antipathy to President Trump, his fault. If these people hadnt come to work for him. Marie regardless, you shouldnt lie to the fbi. I was going to say, to carleys and it showed two mentions that one or two and one negative about stone himself. Thats why think the trial judge is making a mistake by something for us in addressing later with a view should be a new trial. Point harris finished your point and i have a followup. The trial judge should be carley i have no addressing first whether the confidence there will be case was fair. Political the can harris why should he be . Its a pardon. Supreme court has said that thes you said moments ago any president can do this. Who are indifferent as to the marie because you shouldnt pardon your friends. Outcome. Harris either you can do this juror was not indifferent it or you cant. As to the outcome. Melissa so that is a just because you dont like it reversal right is one thing. Marie the question is, there. Yes. Should you . And should you pay a political harris judge, skipping price . Back to the social media, you harris because you dont like it. Bring up such an edifying point in terms of that it wasnt look, when president obama pardoned Chelsea Manning and i might be wrong, because i public, what she was posting. Think there was a commutation thats what you and i were going on there too with the talking about. I cant imagine in 2020, 2019 prison sentence. When that happened with Chelsea Manning, it was huge. Acal would check someones i know they are not friends, so its differently in terms of how they maybe know each other. Social media whether they were a but there was so much criticism foreperson or a juror. In the past with how much of this is on the part of the people who put the jury president obama. Brian she did massive together . Do you want to ask those damage to our country by letting go all of this intelligence and questions . I think its on the point that on my part of this juror, these private communiques to begin leaks. Harris. Harris thats what Carley Harris did that offend said. You . Thats my question for you. Because you said you are carley is right. Harris i went to law school with kilmeade offended. Marie thats a better example. One president s get involved in pardons with people they are brian we watched paper friends with, that our donors to them, i think thats very messy. Chase in the 1980s. Harris we are mixing [laughter] president s now. The question to the potential marie because you brought up Chelsea Manning. Juror, do you have any bias in i think the marc rich pardon is a better example. Favor of a government or that was a donor, they were prejudice against the defendant . She says now. Better friends. I think carly is right. Harris but we dont know that she did, do we . But wait a minute, ive tweeted about these people and i melissa i was thinking will tell you what the tweets are and you decide if you have about, with the pardon, with any bias. By keeping the information to blagos pardon. Herself she committed a grave whether that was right or not, that a cloud of the message. Error as a lawyer and as a jur juror. I think President Trump is so harris it sounds like she clever that he doesnt think the maybe dmd. Story will get covered at all if you just pardon those three women who were in jail for a long time for drug offenses. Melissa we are talking there has to be a headline that different social media. Makes him that his enemies judge Andrew Napolitano, thank you. Stand by, we are going to bring latch onto, in order for it to you back to us as soon as we get get coverage. Because if he just does a good the verdict, and we will squeeze thing, it doesnt make the news. In a quick break here. But dont worry, we will be marie i dont think the right back as we continue to president or anybody could really think this far in follow the sentencing here. Advance, but my personal pardon me, the sentencing in the crystal ball tells me that to, roger stone trial. Well be right back. Oh, oh, oh, ozempic® reactionary, call for impeachment. A second round of impeachment. Who does that work in the favor of . President trump. Brian that would be so extreme come in the next eight months. I would be stunned. Marie i dont think that would lead to an impeachment call but i do think do we think the president should pardon a personal friend . Harris lets go back to you or marc rich example if we can purchase a second pair there are a couple commonalities there. Obviously bill clinton had just been impeached by the house, and acquitted by the senate, as well. So i get the similarities. But if you just wash all of friendships and that away, a president can pardon. If you want to change the rite for president ial pardon, i guess we could start there. Brian didnt eric holder do that, by the way, too . Speaker its not that they can come its whether they should. Having a power doesnt mean you should always use it. You should have an ethical and moral harris what kind of political price do you think the president should pay . Did bill clinton have to pay that price for pardoning his friend . Brian i would say this, to answer your question, if the president feels this person served their time and has been prosecuted unjustly, friendship should matter either way. Marie can you ever make an unbiased decision about a friend in a pardon . Melissa i think it works the other way. That if you didnt know the person and it was brought to you for whatever reason, because they were wealthy or they have an advocate or a crime, you wouldnt think twice about the pardon if they were in your friend. If they are your friend, you do know how its going to look so you do think twice about it. You stand less of a chance if you are a friend. Marie do you think the marc rich melissa i dont know enough about the underlying brian unit with the big star is . Roger stone and manafort will push the limits. Because they thought if they break them, the dam will open about the president s links to russia. They put all kinds of pressure and there wasnt a link there. Harris look how they showed up at roger stones house. Remember that morning raid, for lack of a better term . Carley and we havent even talked about the jury foreman, which goes to your point, melissa. If the president thinks hes innocent or not, if roger stone didnt get a fair shake, he could easily pardon him and say its because he didnt get a fair trial if he doesnt get a retrial. Harris right. Because the judge right now is considering that very same antitrump bias among a jury announcer onceweekly ozempic® is member, the foreman, as you are helping many people with type 2 diabetes like james saying. Bringing that to our attention. Lower their blood sugar. I want to go back to what you a majority of adults who took ozempic® said about political penalty in reached an a1c under 7 and maintained it. All of this. I understand he is in an heres your a1c. Oh election year. I reelection here. My a1c is under 7 are you saying the president announcer and you may lose weight. Should be disqualified in some adults who took ozempic® lost on average up to 12 pounds. Way . For a pardon, that just seems i lost almost 12 pounds so marie i think harris by the lines of oh announcer ozempic® does not increase what you take exception to, what the risk of major cardiovascular events has happened marie he has made it clear like heart attack, stroke, or death. He wants to int this theres no increased risk. Oh country. Harris do you read has 200 and i only have to take it once a week. Quebec i dont think oh marie he has said that oh, oh, oh, ozempic® publicly. Hes made it clear. announcer ozempic® should not be the first medicine i think thats incredible for treating diabetes, or for people inappropriate, unethical. I think its not something a with type 1 diabetes or diabetic ketoacidosis. Present of either party should do not share needles or pens. Dont reuse needles. Do. Harris but democrats wanted to be two men get office. Do not take ozempic® if you have a personal or Family History it only is that with what this is . Of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, marie i think when voters go to the polls they should or if you are allergic to ozempic®. Consider the fact that stop taking ozempic® and get medical help right away President Trump is acting in many ways like he wants to if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. Interfere in the judicial process inappropriately, and serious side effects may include pancreatitis. Independent voters dont like that. Tell your doctor if you have Diabetic Retinopathy i think there should be a political cost. Or vision changes. Taking ozempic® with a sulfonylurea or insulin brian what gets under may increase low blood sugar risk. Their skin is that one Michael Horowitz does he report, at which time it details how andy mccabe was less than candid or many harris breaking news now, we know the sentence for different occasions, of lying to roger stone in this u. S. The fbi just because hes a District Court in member of the fbi even a washington, d. C. It is 40 months. Higher standard. 40 months. A little bit more than three years there. So, david spunt is outside the courthouse now. There was a lot of deliberation today with this judge. They went on for upwards of two hours and now a decision has come. Exactly. Three years, four months. Thats what roger stone has been sentenced to. Let me tell you something. Roger stone walked in today confident, with his team. This went on for about two and a half hours today, slightly unusual. The original recommendation from prosecutors was 79 years. The judge ultimately went much less. Looking at some of the notes that come from the courtroom, basically judge Amy Berman Jackson told roger stone and his team that the truth is important and that roger stone injected and inserted himself into this issue. This was not something that he was just attacked for randomly. What makes this interesting, if i may add, roger stone is asking for a new trial. The reason he is asking for a new trial is the jury foreperson, a female that was on the jury, has come up with political bias, admitting she has political bias against stone, against President Trump. So stones team is asking for that judge Berman Jackson has not ruled yet on that. Meaning that will happen the next few weeks. So she is delaying the execution of his sentence, meaning hes not going to walk away in handcuffs today. He will probably be leaving at some point at the next 15 or 20 minutes. Melissa free on bond, i see that as part of the notes prove that he will be free on bond. Harris talk to me if you can about go ahead. No, go ahead. Harris i was just wondering, he kind of sat very calmly, you are describing him smiling. I know he was taking some notes and talking with his attorneys today. What was the actual reaction when we found out it was three years and four months and not anywhere near the seven to nine years that originally had been the prosecutors recommendation . His defense team breathed a sigh of relief. Stone did not make much emotion, from what im reading here. It was also customary for the defendant to speak before the judge just before their sentence. He was given that opportunity today but he declined. He said he had nothing further to add. Roger stone is not someone that shies away from comments where the camera, as we know. So it remains to be seen if you will Say Something when he leaves here. I suspect he will probably still be under that a gag order because this is still an ongoing case. The judge still has jurisdiction on this case because she has yet to rule on a new trial. So it remains to be seen if he will Say Something, but right now we know that its three years and four months, 40 months behind bars, incarceration. The question is, when all that begin . And will President Trump offer not only a partner, but potentially commutation . Hes been talking about a lot lately. Harris david spunt, you are in just the right position to give us what happens next outside that courtroom when we finally see roger stone. Perhaps, as you say, he will speak. He will do the one thing he didnt do with the judge today before the sentencing. Maybe we will, in fact, seem speak. Hear from roger stone. We will come back to you, david spunt. Stay where you are, as i know you will. I want to scoot now to judge Andrew Napolitano, senior fox news judicial analyst. Judge, your reaction, first of all, to three years and four months . Its the exact number the attorney general asked the new prosecutors to request. So the original request was 79 years, the president criticized it. The prosecutors quit. The attorney general appointed two new prosecutors. The new prosecutors requested 3640 months. When you do the calculation, the algorithm that produces these numbers, it depends on how you answer subjective questions. Ill give you an example. Was the defendant remorseful . Well, he claims he didnt commit a crime, so how can he be remorseful for a crime he didnt commit . One judge would say that the negative and another would say its a positive. When the prosecutors, the original four, did this algorithm, they came up with 79 years. I did the algorithm, i came up with 3640 months. My friend sol wisenberg, who sometimes is on fox with us, who was one of bill clintons prosecutors, did the same algorithm. He came up with nine months. So it just depends on how you answer these factuallybased questions. This is nowhere near the number that outraged the president , and well within the request that the attorney general himself made. Harris yeah, the 79 years. I want to talk about the convicted the seven charges he was convicted of. One obstruction of proceedings, five false statement charges, one witness tampering. Is this reflective of those charges, and how . You know, there are two types of lying under oath. One is a lie im not diminishing what hes been convicted of. One is a lie that everybody who years that know its a lie at the time they hear it. Another is a lie that causes the government to expend resources to find out if its true. That latter one is the one that usually indicates a lot of jail time. Because the government wasted its time and resources going down a rabbit hole. Speak six except when andy mccabe did it, because he waits at the fbi agents time, a bunch of them, for over two years two years. Harris brian, the decision not to prosecute andy mccabe is utterly explicable. But in stones case, as soon as he said it, adam schiff and company accused him of lying. If there is no expenditure of government resources, if there is no fbi agents going down a rabbit hole because the light sent them there, that is an indication of a lower punishment rather than a higher one. Melissa judge, can i ask you, what does it signal to you that the judge went with basically exactly what barrs recommendation one . That 40 months . What does that signal . Shes trying to make this bullet proof from a pardon, because she went along exactly with what the attorney general requested. How can the government possibly object to this . She gave them exactly what they wanted, and its half of the number that had outraged the president. Melissa as you said, you think because of this jury or person there is a chance that the trial was not fair in the eyes of the law. So what does it mean to you that she chose to administer the sentence before considering that . I think she wants thats a great question, melissa i think she wants to keep jurisdiction over the case. Because if there was no longer proceedings before her, she could not silence stone. I have to say word about silencing him. I can understand a judge silencing a defendant during the trial. You dont want the defendant outside the courtroom speaking to the jury through the media. But stone was convicted in november. At that point, his First Amendment privileges and rights returned to him. There is no sound legal or moral basis to silence a defendant after conviction. I understand in the courtroom, as we speak, his lawyers are now asking her to lift the gag order. We will find out from bill mears and company if they succeeded. We will also find out if stone comes to the microphones when he comes out. Harris absolutely. We have our david spunt there watching for that. Just a step back for a moment and what happens next in all of this, what happens, a, if the judge says, nope, not going to give you new trial . En route to make that determination, harris, she has to have a testimonial hearing in which the foreperson is on the way the sampans that will take a bit of time. The new prosecutors for the government can interrogate her. The old prosecutors from the government should be ordered into the courtroom, and harris the ones who quit . Pardon me . Harris the four who left the case . Absolutely. The judge and say no if they knew that the foreperson had this prejudice. If they failed to tell the court and defense counsel. Brian they could be in the caribbean, they would have to face time her. [laughter] brian, one of them actually quit the doj. Three quit the case and went back to their former doj jobs. But they are all still under her jurisdiction. They cant leave this case on their own, they have to ask for permission to leave. She has two lawyers before he or he didnt cry the case but our reps into the government. Four lawyers are presenting stone, who were there for the entire trial and know every inch of it. Harris a new trial, or not a new trial . Weve got the look if she says no, in the hearing that happens before then. She says yes, you get a new trial, what does that look like . That its up to the attorney general of the United States. As to whether or not they want to retry roger stone ortho and the tile. That will be a highly politicized and hotly into the prize hotly anticipated decision. To tl conviction. Harris and the one thing we havent been talking about much in the last two seconds is the president could pardon roger stone pay more to come in all of this, judge nap, thank you for being with us. Because we may in fact hear from roger stone when we see roger stone. You are looking at the live picture outside this u. S. District court, on the left side of your screen. When we see the man, that you see pictured on the right bottom half, live and in person, we will take you there live here on outnumbered. Stay tuned. As a struggling actor, i need all the breaks that i can get. At liberty butchemel. Cut. Liberty mu. Line . Cut. Liberty mutual customizes your Car Insurance so you only pay for what you need. Cut. Liberty m. Am i allowed to riff . What if i come out of the water . Liberty biberty. Cut. Well dub it. Liberty mutual customizes your Car Insurance so you only pay for what you need. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. Melissa so, a short time ago we just learned that sentence for roger stone. It is three and a third years, 40 months. Thats exactly what attorney general william barr had recommended to this judge. We know that he is going to be free on bond. There is also an issue where his attorneys are saying this was not a fair trial because of all the issues with the jury foreperson. So that still sits before this judge to be decided. And roger stone will be free in the meantime, while she is deciding that. We are waiting for roger stone to exit the courtroom. Thats a picture youre looking at now on the left side of your screen. That he had been previously under a gag order. We know his lawyers are asking for that to be lifted, since he has already received a verdict and now is sentenced. If that gag order is lifted we think maybe he might come out and talk to reporters. Otherwise he will not. Thus we are waiting for right now, setting the table. You look like you have a few more details over there. Harris well, im watching the president s twitter. I do know that two hours ago they say roger stone lied to congress, at cnn. Oh, i see. So did comey. And he also leaked classified information. This is the president s twitter. Goes to jail for a long time, and so did andy mccabe, who lies to the fbi. Fairness . Fairness. Maybe there will be response on a social media. His confidant and friend, roger stone, has been sentenced, as you said, to 40 months. A lot less than what prosecutors originally wanted. And it matches, as i believe you just said previously, would william barr, the ag, had want wanted. It is coming fast and furious now. After two hours inside that courtroom. Melissa right, and the point when i asked our judge, Andrew Napolitano, what signal is she sending with that sentence . And he said, making it more difficult for the president to pardon roger stone, because his issue is sentences that are too long. In this case she went directly along with what is attorney general suggested, so it makes it marie, you are talking about the issue before. He pardon, is it okay when they been treated unfairly or when the sentence is too long . Taking away that second one. We go back to the unfair treatment, though. He wants to jump in . Brian if you believe the Washington Post story is correct and there is legitimate friction between bill barr to the point where he almost walked out and thought about resigning, if you want to get under his skin again you take the judges ruling, which is exactly with the attorney general suggested, and takesow it up. This judges ruling to task, that could be interpreted through bill barr and is attorney general of the shot across the bow, and the worst thing i would contend with this administration is for there to be tension between outside mike pence, his most loyal cabinet member and the most effective, and the president of the United States. Melissa you mean mike pompeo . Brian mike pompeo its up there, but i would put bill barr right behind mike pence as the most oil ineffective member. Carley has a really smart point. I think judge napolitanos right. The judge in this case was trying to make this pardonproof and make it seem like if he did, that the president pardoned it, that it was political. If the president then does, i think brian is absolutely right. That will explode, again, the narrative of the president and a barr at odds. Melissa i disagree with that. I think if the judge doesnt reverse the case, Andrew Napolitano said that he thought that was reversible error. The fact of the jury foreperson was so completely biased by her own admission. And that she lied about it. Because certainly she was asked harris maybe she didnt, maybe the prosecutors who left melissa if she doesnt say that he needs a new trial, that this was reversible error, then you could still pardon. Because come in my mind marie because the judge went straight down the middle, it almost seems like it would have weirdly worked, potentially in roger stones favorite even more if hes looking for a pardon, for the judges to have just thrown the book at him. Melissa thats what we are saying come absolutely. Harris on the president could have said it wasnt fair, and the sentencing. Thats what melissa was pointing out. Carley i still think there will be backlash against the president and ag barr. The ultimate sentence was lesser. Brian but carley, the only thing significant is between barr and the president , consternation toward barr. Harris how real do you think that is . We see the reports, we see these latest reports that he might have, you know, even talked about resignation. I dont know how we would know without talking to both of them. Brian my gut would be that its real, because you dont call 1800abcnews and go and talk to the president. Carley the president has never made a Statement Like that before. I agree, i was wrong. That was a big admission. Marie i think barr leaked this to quell some uncomfortableness at that department of justice. I dont think its actually true. I dont think barr is unhappy with the president. I think hes trying to keep his workforce happy and he leaked it. Melissa i would feel better about that. Thats my initial instinct, thats how i read that interview. That thats what was going on. Theres been so much followup after that and im not sure, but i would be happy if that was true because i think he needs ag barr, like you said. Brian that means we are being played pair that means this is a script. I would be highly insulted if these two were working it out. You talk, now you talk. Harris we are talking about what could be, lets talk about the facts. On the left side of the screen, washington, d. C. We are waiting for roger stone to come out now after being sentenced to 40 months for those seven charges that weve gone into this hour, including witness tampering. Then we will see what happened next. Will the judge say, yes, you get a new trial because there could have been some sort of bias on the part of the foreperson on the jury, or, no, you dont get it at new trial, and around and around we go . Will the president pardon roger stone . Those new things youre talking about. Melissa we will keep an eye on that. In the meantime we will take a quick break. Well be right back. Do. However, since 2000, the buying power of the dollar has dropped by over 31 that means the dollar is only worth about 68¢ now compared to 2000. Had you owned gold, your value would have increased over 400 and owning gold is easy. With Rosland Capital a trusted leader in helping people acquire precious metals. Gold bullion, lady liberty gold and silver proofs, and our premium coins, can help you preserve your wealth. Call Rosland Capital at 8006308900 to receive your free rosland guide to gold, Gold Precious Metals ira and silver brochures. With rosland, there are no hassles, no gimmicks, and we have the fastest shipping around. Dollar down. Gold up. Pretty clear. Make gold your new standard. Call Rosland Capital today at 8006308900. 8006308900. Thats 8006308900. 800630you spend less and get way more. , so you can bring your vision to lif. For small prices, you can build big dreams. Spend less. Get way more. Shop everything home at wayfair toda. Melissa boy, oh, boy, we had a jampacked hour and they will carry it right into the next. Thinking to Brian Kilmeade and our old couch here. We are back here tomorrow at noon eastern, but we are going to continue that live coverage as roger stone has been sentenced to 40 months, waiting for him to come out of the courtroom right now and i will handed over to overtime with harris faulkner, starting right now. Harris thank you, melissa. Fox news alert, we are awaiting possible reaction from former trump associate roger stone after he was sentenced to more than three years in prison. This is outnumbered overtime, and harris faulkner. The judge also ordered stone to pay a 20,000 fine today, and rebuked him for violating Previous Court orders not to talk about the case, and for a threatening instagram post. The judge also agreed with attorney general bill barr and President Trump that the original sentencing recommendation of 79 years in prison was excessive. How do we know . She gave him 40 months. Stone was convicted last november of lying to congress and witness tampering. President trump, prior to the sentencing, she did this. They say roger stone lied to