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Follow through and will failure to do so embolden china as a result . The question is as it always seems to be what is the obama strategy . We look for answers. We will be talking with fox news strategic analyst colonel ralph peters. Also president obama escalating a fight with his liberal base over a massive trade deal negotiated behind closed doors. Senator Elizabeth Warren says that deal could be used to weaken wall street reforms under a republican president. President obama says shes quote, absolutely wrong. Whos right and what will happen . We will talk about all of this with Pulitzer Prize winning journalist Michael Goodwin and democratic strategist julie radimski. And the nfl handing down tom bradys and the patriots pun shallment for deflategate. The National Football league meting out punishment not on concrete evidence of guilt but rather a subjective assessment of abstract probabilities. We begin in china and in washington with more tough talk from the obama administration. The state department now promises there will be quote, absolutely no doubt about washingtons commitment to freedom of navigation and flight in the region of the South China Sea when secretary of state kerry is in beijing this weekend. Chinas Foreign Ministry responded with a warning for the United States stating quote, we demand the relevant side talks and acts cautiously and does not take any actions that are risky and provocative to maintain Regional Peace and stability. Joining us now, fox news strategic analyst, Lieutenant Colonel ralph peters author of the new civil war thriller valley of the shadow. Good to have you with us. China, this is a significant threat on the part of the chinese. It is also sort of an extravagant suggestion from our military the pentagon that it would send Surveillance Aircraft and war ships to the South China Sea using that as some sort of test, it appears. Its a matter for grave concern, lou. First of all, the bottom line here is that the chinese are not going to back down. They just arent going to do it. They do not fear president obama. They do not respect president obama. Thats a global problem, of course. The second issue is okay fine all for telling the chinese they cant just take over International Waters whenever they want but whats the plan . What are the rules of engagement certainly for our ships but also what happens if the chinese or some local commander opens fire hits or even sinks a u. S. Vessel . Whats the plan for d plus one . What do you do then . I dont trust this administration to have clearly thought that through. Now, my biggest concern, i was thinking about this coming into the studio today, my worry and this is the extreme case worry, is that one spark goes off, the chinese fire at a u. S. Vessel we get in a conflict with china or for that matter with iran or with russia. Im worried about all the others piling on seeing an opportunity. China piling on russia piling on iran and then youve got a real global struggle and the problem is our military is not up to it. Its too small, its too limited and its just not prepared for multiple conflicts. Back just a bit up to where we are in terms of the chain of Decision Making necessary to get to this point. Why do you believe the pentagon would even pose a suggestion or idea that would send Surveillance Aircraft and ships into the South China Sea . Certainly they would not have done so without talking to the white house, without the clear direction of the president , the commander in chief, would they . No. This has to be a president ial decision something of that gravity, of that consequence. So there is a bit of a riddle to it, of course. But i think finally Ashton Carter the secretary of defense, probably made a case to the president with his naval subordinates that we have already let this go on too long. China is Building Military islands in International Waters in disputed waters. Its in contravention of international law. We have always stood for the law of the seas free passage of international ships. I think there has probably been a lot of internal debate but theres a feeling weve got to send some signal to china at this point because it is threatening to blow out of control and also for all our allies clients and neutrals in the area they will have no chance and no respect for us if we dont show the flag as a minimum. Showing the flag i think as you correctly suggested at the outset of your remarks, showing the flag is insufficient. Unless the president s prepared to go to war here, we would be i think the expression would be damn fools to put our navy our Surveillance Aircraft in harms way without an already strong commitment to engagement if our insistence isnt met with a withdrawal on the part of the chinese from these islands, these manmade islands. Am i incorrect in that . No youre correct. We do not want a war with china. I dont think the chinese want a war with us but wars happen. And really for all the money he put into defense, all the high tech weaponry our military could not defeat china. If i could interject, we could not defeat china with the same mindset as the pentagon has possessed and our civilian leaders have possessed over the course of the last quarter century. Our military has the assets the capability and the wherewithal to destroy any enemy and concurrently and contemporaneously, russia and china, if you want to go to armageddon let me put it this way. That isnt the result anyone wants to see. Our military to defeat the Chinese Military it cant defeat china. Defeating a vast nation of that sort is very very hard. Were not structured to do it and were not going to do it and you actually hit the key point. We are not prepared to fight a real war psychologically or practically. We have the leadership at the National Level thats never even suffered a bloody nose, let alone casualties. Good to have you with us. Did you actually say i hit a key point . Did you say that to me . Yes. Lou, infinite number of monkeys, infinite number of typewriters. Thank you. So glad i pursued the point. I think you are a brilliant man. I think you are a brilliant fellow to come up with that as a response. Thanks so much. Coming up the obama administrations nationwide campaign against Law Enforcement taking a toll. Milwaukee county sheriff david clark joins us in the desperate search for survivors in nepal continues. Details straight ahead. [beeping] ooo come on everybody, i think this is my grandson. [lip syncing] little girl you look so lonesome oh my goodness. I see you are feeling blue come on over to my place hey girl were having a party happy birthday, grandma well be swinging dancing and singing baby come on over tonight [baseball crowd noise] [x1 chime] [crowd cheers] oh i cant believe it [cheering] hi, grandma rest a lot easier tonight because of the heroic actions of nypd officers, new york police today new york police today shot and severely wounded a madman suspected of randomly attacking several pedestrians with a hammer. The man is believed to have attacked three women and a man earlier this week. Some of the victims hospitalized but all have since been released. Police officers today shot the hammerwielding suspect several times after he lunged at a female Police Officer and her partner with that hammer. The suspect is in critical but stable condition tonight. President obama is scheduled to address the National Peace officers Memorial Service this friday as part of police week. Some officers who feel the president has carried out a campaign against Law Enforcement plan to turn their backs on the president. My next guest will be attending that Memorial Service and joining us tonight is Milwaukee County sheriff david clark. Good to have you with us, sheriff. Your thoughts on the propriety of the officers turning their backs on the president. Thanks for having me lou. First of all, i think the president of the United States should take a flyer this year and name somebody else to represent him. It hasnt been a good year for him and local Law Enforcement. Hes shown nothing but contempt and utter disdain for the american Police Officer. As for individual officers who ive heard may want to turn their back on him when he speaks thats a decision that they will have to make and i support that decision. Sometimes its misinterpreted. What it is is a salute to the fallen officers for the which the political class, including the president and others, have turned their back on us. If that happens, you can expect that there will be considerable if you will blowback from the national media. Your thoughts on that prospect . Well its the liberal Mainstream Media thats been carrying this anticop rhetoric this false narrative about our character, the honor, the distinction of the american Law Enforcement officer, its ginned up by this cophating crowd. It wouldnt surprise me that they would make a big deal about it but at the same time they dont seem to want to make a big deal about the president of the United States former attorney general eric holder and others mayor bill de blasio turning their backs on local Law Enforcement and continuing to bash us in the face of this difficult time. Its been a deadly year for Law Enforcement officers. I heard a statistic that Law Enforcement officer line of duty deaths are up like 90 or nearly 90 in the last year. So thats when i say in the face of this difficult time i think it would be wise politically for the president to take a flyer this year. 51 officers killed 51 officers killed last year up from 27 officers killed the previous year. As you say, about 90 . I understand tonight you are attending as part of police week in washington, d. C. A candlelight vigil to salute those officers killed in the line of duty. Give us your thoughts about what that means to you, the other officers and how you would expect perhaps the administration to also honor those officers perhaps even tonight. Well it would be a good time for them to take heed. Its a somber week for us but tell you what its also a week Police Officer week to rally around the things we do to keep our communities safe. Every Law Enforcement officer in the United States of america knows somebody on that wall. There are over 20,000 names of officers killed in the line of duty. There are people that i worked with there are people that i attended the Police Academy with so its a moving event, the candlelight vigil tonight and the ceremony on friday. I would encourage anybody any a chance to visit the nations capital, stop in at the Law Enforcement officers memorial. You will be moved by what you see there. Sheriff david clark, thank you very much for spending some time with us tonight. Thank you, lou. Up next the nfls handling of deflategate reminiscent of well left wing fascism, liberal authoritarian authoritarianism . Whats going on in this country . Whats happened to the nfl . My commentary next. vo me . I dont just wait for a moment. I watch for the perfect moment. The one nobody else sees. And when i find it i go for it. announcer at scottrade, we share your passion for trading. Thats why we give you the edge, with innovative charting and trading features, plus powerful mobile apps so youre always connected, wherever you are. Because at scottrade, our passion is to power yours. In a work, work, work world. Take time for sunday. Just know that your truck. Has a little thing for monday. When we were young we wanted to change the world. So we did. We took a generation that was built on hope. And turned it into a generation that changed lives. And this life that weve built . Were not done building it. Security 1 lending is committed to providing valuable information to help you make Financial Decisions about funding your future. Home equity conversion mortgages are fha insured and let you turn home equity into cash you can use to pursue the life you love. Also known as reverse mortgages, these loans provide taxfree cash and eliminate monthly mortgage payments. So call and speak with a security one lending home equity conversion mortgage specialist. The call is free and so is the information kit security 1 lending will send you. We changed lives. And security 1 lending helped change ours. Security 1 lending. Changing lives. Thanks for calling angies list. How may i help you . I heard i could call angies list if i needed work done around my house at a fair price. You heard right, just tell us what you need done and well find a top rated provider to take care of it. So i could get a faulty light switch fixed . Yup or have a guy refinish my floors . Absolutely or send someone out to groom my pookie . Pookies what you call your . My dog. Yes, we can do that. Real help from real people. Come see what the new angies list can do for you. A few thoughts now as tom brady prepares the appeal of his suspension over deflategate. Bradys agent, don yee, wasted no time or words in rejecting the wells report and slamming the nfls punishment. He wrote quote, the discipline is ridiculous and has no legitimate basis. The nfl has a welldocumented history of making poor disciplinary decisions that often are overturned when truly independent and neutral judges or arbitrators preside. Ted wells today defended his report in a conference call. The decision in this report was one thing, it was the evidence. Those conclusions were not influenced in any way, shape or form by anyone at the league office. I think it is wrong to criticize my independence just because you disagree with my findings. Putting aside the findings and lets take a look at the independence. Wells, in fact has a Long Association with the nfl. In fact hes represented the nfl for years in concussion lawsuits. Perhaps wells isnt as independent as he and goodell would like to maintain. Wells and goodell have talked about what is good for the game but their actions have hardly been good for the game or the nfl. For his part goodell tried to hide from his responsibility in deflategate by assigning his executive Vice President , troy vincent, to the case as if his direct report would somehow be independent and objective. As for deflategate, there are lots of problems for the nfl. Bradys agent says he participated in a wide ranging interview with no conditions for about five and a half hours, yet some of his testimony was not included. As for not turning over his private phone records to the nfl, when did the nfl acquire search and seizure powers and when was it decided a player forfeits his rights of privacy or for that matter any of his Constitutional Rights . The questions just compound themselves. Why did the nfl not examine all the footballs in possession of the two teams, in possession of the indianapolis colts, while they did examine those of the patriots. And why didnt the wells report note the referees statement that the pressure readings were taken with the wrong gauge by those investigating, which understated the inflation level of the game balls. The colts raised their concerns about underinflation before their game with the patriots but the nfl and this to me is a very important issue, the nfl chose not to talk with the patriots about any of the allegations that had been made or the fact that they were going to make certain that the balls were inflated to whatever level. Why would the nfl not talk with the patriots unless their purpose was to entrap them rather than protect the game and to preserve rules. Surely no one at nfl headquarters is dumb enough to think that more drama is good for the nfl or for that matter their job security. Instead, bradys agent says the nfl talked only with the colts and then carried out a sting operation against brady and the patriots. It is hard to argue with his interpretation. It is hard not to be absolutely disgusted by the suggestion. Roger goodell is now leading the nfl from behind trying it appears to preserve his job at all costs, whether to the truth to proportionality, to fairness and balance or further amidst cost to the nfl itself goodell continues to insist on leading from behind. His coercive leadership without regard to consequence, wielding power without regard to facts and the good of the game and truth is far more consistent with the authoritarian tone and style that seems have become the preferred style of liberal washington. And i think this time goodell has provoked a Public Relations battle and a legal battle that i believe he will lose. And in losing those battles, he may well lose his job and in my opinion, appropriately so. Our quotation of the evening. A leader is best when people barely know he exists when his work is done his aim fulfilled, they will say we did it ourselves. Chinese poet and philosopher, lau tzu. The ceasefire didnt last 24 hours. The gulf Arab Coalition dropping more bombs on the enemy. Former National Security advisor joins us on the arab summit with mr. Obama and how seriously should we take chinas threats . Se asked people a simple question can you keep your lifestyle in retirement . I dont want to think about the alternative. I dont even know how to answer that. I mean, no one knows how long their money is going to last. I try not to worry, but you worry. What happens when your paychecks stop . Because everyone has retirement questions. Ameriprise created the exclusive confident retirement approach. To get the real answers you need. Start building your confident retirement today. In politics brand new fox news polls show bad news for hillary clinton, the former secretary of states favorability rating has dropped to 45 , nearly 6 in 10 americans now saying she was improperly influenced by Clinton Foundation donors while she was secretary of state. In headtohead polling, mrs. Clinton now loses to republican jeb bush. She once led him by four points just last month. Governor Mike Huckabee also losing by three points but that is certainly within the margin of error. The u. S. Military disputing claims by the Iraqi Government today. Iraqs Defense Ministry announcing a u. S. Led Coalition Air strike near mosul killed the islamic states second in command. Pentagon Spokesman Says it has no information with which to corroborate the iraqi claim. Joining us tonight is john hanna, former National Security advisor for former Vice President dick cheney. Good to have you with us. Lets first turn to the gulf summit. Two heads of state from the six arab nations show up. Is that still a summit . I think its hardly a summit. We have to call it something else. A meeting of the deputy heads of state and the president . I dont know what you would call it. We are going to call it g2 because only two heads of states are there, the affection on the part of washington for gs when they talk about meetings. What can possibly be a clearer message in this meeting amongst these six nations or at least their delegations and the president than there is immense distrust on the part of the arab states of this government and its policies . Huge lou. Its just a fundamental crisis of confidence in the gulf in american leadership. They watched what the president has done for six years, his entire presidency virtually has been about getting the United States out of the region and cutting a grand bargain with iran. The archenemy of these gulf arabs. So the thought of coming here and believing any kinds of assurances that the president is prepared to give them they just werent going to play shilles in his photo op. Also making its voice well heard today, iran making it clear that if u. S. Or any other nation tries to interdict it says is an aid ship going to yemen, that it will set a fire in the region. Your reaction to that warning . Yeah. My guess is that its a lot of iranian bluster but lets face it you never know for sure. Little more than 25 years ago, a much less capable iranian navy tried to challenge Ronald Reagan in the persian gulf and lost a good part of their navy went to the bottom of the sea. So theres always a chance that the iranians could miscalculate challenge us and then we are going to see if president obama has any Ronald Reagan in him. Well if there is Ronald Reagan a Ronald Reagan in him, its not obvious. John kerry, his secretary of state, meeting with russian leaders, leaving that meeting in sochi, russia with nothing, then turkey then on to beijing, where kerrys folks at the state department made it clear that he will make it clear to the chinese that the waters of the South China Seas will be freely navigable as will the air space yet already its not. Your reaction to this sort of late concern about freedom of passage . Yeah. Now, this is the fundamental problem with the obama administrations Foreign Policy lou. The essential weakness at the heart of that policy that when you do try to be tough, nobody believes you and it does open the way for the kinds of provocations that were seeing whether its from china, russia or iran and it creates a huge potential for exactly the type of thing that obamas been trying to avoid, which is a conflict with any of these major powers. So i think the chickens are coming home to roost for a very weak Foreign Policy. It is a strange pattern that is now observable in this administrations conduct of policy however vague, and that is on the one china, as it is threatening them it is trying to negotiate and has negotiated a substantial part of a deal to acquire advanced u. S. Nuclear reactors and advanced Technology Nuclear technology from the United States. At the same time as it seeks to reduce ostensibly Irans Nuclear capability and its program with its talks, it is also confronting iran over yemen. This is a peculiar pattern, sanctions against russia while russia acquires crimea and continues to if you will carry out an incursion in Eastern Ukraine without consequence. This is not only contradictory, it looks desultory and actually destructive of u. S. Interests. Yeah as i agree with you, lou. I think the uncertainty and unpredictability is the thing. If people dont know what you do if they dont believe what you stand for, if they dont believe those red lines are really red lines, thats when you begin to get into very dangerous territory. Enemies begin to challenge you in ways that can quickly escalate into dangerous conflict and your friends and allies that you rely on when the times get tough just dont have any faith that they can believe you anymore. One thing has become increasingly clear. Those red lines dont amount to much, do they . No. Those are quickly fading to white. Thanks for being with us. We appreciate it. Thanks, lou. Hattiesburg, mississippi mourning the deaths of two Police Officers killed over the weekend. Benjamin deen and liquori tate were making what was supposed to be a routine traffic stop saturday evening when they were shot and killed. Four suspects have been arrested. They are charged in connection with the officers deaths. Its not clear what prompted the gunfire but the mother of two of the suspects says one of her sons has mental problems is addicted to drugs and appeared to be high to her as she looked at his booking photo. Incidents like the one in mississippi leading some critics to accuse the Obama Justice department of waging an outright war against Law Enforcement. Former nypd Police Commissioner howard safer slammed former attorney general eric holder for blatantly mistreating Law Enforcement during his entire tenure. Eric holder the previous attorney general, had a war on police. He spent more time investigating Police Departments than he did investigating criminals. Joining me now, former department of justice official christian adams. Good to have you here. Do you agree with the former nypd commissioner . Well i do and the evidence is clear. Not only was it the attorney general, it was his entire department that had a war on police. He was just the head of a broad effort in the Civil Rights Division to go after Police Departments and attempt to control them from washington, d. C. As we see two more officers killed in hattiesburg, this is in your judgment creating an atmosphere of further mistrust a Greater Division rather than any seeming effort to improve the atmosphere the attitudes of either the community or broadly, the nation. From top to bottom at the doj, you had people acting as if the police were the problem in places like baltimore, while cities are burning in ferguson you have lawyers and political appointees and the attorney general himself blaming cops for this sort of thing. It starts at the top, it goes to the bottom. Theres an idealogical hatred it starts in our universities it ends up at the Justice Department. The lawyers who work there, as you know are some of the most antipolice lawyers in the entire federal government. They came from organizations that fought the police and now they are on a government salary gs15, 160,000 a year going after Police Departments. What is it going to take to revert these attitudes, this approach on the part of this administration if it can be reverted . Its going to take an understanding that its not just the attorney general. It will take a commitment by the next attorney general and a Republican Administration to stop with the idealogical warfare, stop with using the Justice Department as a political weapon to satisfy your Political Base that hates cops. Its going to take a law and order precedency, quite frankly. We saw this in this country before where cities were being burned down and it affected a National Election in 1968. Attorney general, the new attorney general Loretta Lynch now investigating the Baltimore Police department at the request of the mayor, who has been in charge of that Police Department for five years. What are we to make of it . What is the likely result . Well it shows you Loretta Lynch is not going to be different than eric holder most likely. She is continuing with this Institutional Policy that is skeptical of the police. She isnt doing anything about the bad behavior in her own Justice Department in police investigations. Then you have the Baltimore Mayor who, what can you say good about this person . She encourages violence during the riots, zones and room to destroy, then she invites the Justice Department in. Thats not how its supposed to work. The Justice Department is supposed to come in when facts might show a pattern or practice of federal civil rights violations. One incident is not a pattern or practice. Sometimes two incidents arent even a pattern or practice. But these days it doesnt seem to matter. Christian adams, good to have you here. Thank you. Coming up Senate Democrats say no way did the president s socalled free trade deal theres nothing free when the middle class is paying with their jobs. Michael goodwin joins me next. We live in a pick and choose world choose choose choose. But at bedtime . Why settle for this . Enter sleep number. Dont miss the memorial day special Edition Mattress with sleepiq technology. Sleepiq tells you how well you slept and what adjustments you can make. You like the bed soft. Hes more hardcore. So your sleep goes from good to great to wow now we can all choose amazing sleep, only at a sleep number store. Save 500 on the memorial day special Edition Mattress with sleepiq technology. Know better sleep with sleep number. Turning to the race for 2016 the mainstream liberal medias treatment of republican candidates. Bloombergs politics reporter today forced to apologize after he was roundly criticized under significant fire for his recent interview with senator ted cruz. As you will see, halpern, well, he lost his way. When you filled out your application to princeton and Harvard Law School did you list yourself as hispanic . I list myself as cubanamerican. I grew up eating cuban food all the time. I wanted to give you opportunity to directly welcome your colleague, senator sanders, to the race. I would like you to do it, if you would, in espaniole. Im going to stick to english but i appreciate the invitation, senor. Senator cruz i think handled that about as graciously as anyone could possibly. Halpern, i will not describe his conduct. His apology, well senator cruz said it was unnecessary. He took no offense. See what i mean about gracious . Joining us now, Pulitzer Prize winning columnist for the New York Post Michael Goodwin. Democratic strategist fox news political analyst, julie radinski. Good to have you both here. Ted cruz was extraordinary. I called mark out when i saw this interview. I could not believe it. Im no fan of ted cruz but you are absolutely right. Are you a fan of mark halpern . Not after this. The apology was kind of you know if people were offended then im sorry. Theres no excuse. How do you racially profile somebody like that making somebody speak in spanish . It was beyond ignorant. It was rude and unacceptable. Ted cruz was beyond gracious. I agree with you on that. Whats interesting of course is i dont believe halpern or anybody like that would ever do that to a democratic cubanamerican. Its only a republican. Somehow theres an issue there and i believe its at the heart of youre not authentic if youre not liberal. I dont know about that. I think if you had bob menendez on a cuban democrat he probably would have done the same to him. Jeb bush would say youre dealing in hypotheticals here. I am. I am. Youre right. The governor had a terrific interview with meghyn kelly. He then recanted a bit, perhaps the most important bit in that interview. Heres what he was saying. On the subject of iraq obviously very controversial, knowing what we know now, would you have authorized the invasion . I would have. So in other words, in 20 20 hindsight you would make a different decision . I dont know what that decision would have been. Thats a hypothetical. But the simple fact is mistakes were made as they always are in life. What do you make of that . You know im offended as a political consultant. Im offended that he wasnt prepared for the question that he was obviously going to get. Which one . The one about iraq. How do you not have a pat answer down to say and then he doubled down on hannity and said well we dont know its a hypothetical. It is . If you had known what you know now, yes or no would you have voted for it. How is that a hypothetical . I heard him say also to sean hannity that i misinterpreted the question to mean if i had known then you know so none of it makes any sense. Was he just careless . Does he wake up in the morning and discover he had started a storm . There are a couple of problems. One is megyn couldnt have been more succinct and direct in her question. He couldnt have been more direct in saying yes, i would have. Then things got complicated later. Thats sad to witness when you start seeing these backflips against the obvious. I think you probably lose more than just by standing by what apparently he didnt mean when he said it the first time. Authenticity should never be underestimated as a value for people. They want to know that you stand behind what you say, particularly on important issues like the iraq war which his brother of course launched. It was foolish for him to be so careless. On the president s free trade agenda and his desperately sought trade Promotion Authority that is the power to suspend congressional constitutional powers to amend legislation. I dont know whats going on tonight. Im agreeing with you on way too many things so im not liking this. But im totally opposed to this trade deal for a variety of reasons, not the least of which is exactly what you talked about. Why does the president get to unilaterally decide and then inform us of whats going to happen with a trade deal . How about we have specific trade deals and we decide whether we will vote on them or not. That wouldnt be nearly so comfortably authoritarian as apparently this president likes. What are the republicans doing here . 52 of them lining up and voting like lemmings for something they dont even comprehend, apparently. A lot of them probably dont know whats in it which talk about agreeing. I find myself agreeing with Elizabeth Warren for a change. My god, this is a serious night all together. When she says release the tax, i think thats a reasonable answer. Lets debate whats actually in it not just the power to unilaterally oh, no. So cumbersome to ask our senators and congressmen to actually read legislation, comprehend it let the public read it for them. Why should we take anybodys word for it . Why take this president or any president s word for it . Anybody taking anybodys word in washington, d. C. Right now, you are out of your mind. Agreed. Great to have you with us. The other part of this is dont you think there should be a little embarrassment particularly in the house . They are suing the president of the United States for abuse of executive authority while trying to hand their Constitutional Authority over to him on the subject of trade. And Mitch Mcconnell decides to vote against the bill purely so he can raise it again. Horrible. The foolish consistency. Yes, youre right. We dont have to wrangle against that in washington. Good to have you both here. Up next brady fights back. What are his legal chances of success . We will take that up and more. The pursuit of healthier. 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Tom bradys agent says hes appealing his suspension in the deflategate scandal and here to talk about some of the potential legal issues and ramifications, two of the best attorneys. Defense Attorney Rebecca rose woodland. Fox news legal analyst, author, lis wiehl. Let me start with this wells report. It has a mess of problems in it. What in the world is the nfl doing relying on such a difficultly incomplete can we start with some of the language . When he says its more probable than not, im quoting, that brady was again quote, at least generally aware of the inappropriate activities. Are you kidding . That would never hold up in a court of law. Its going to have to now. Well what will happen is it will be appealed but it will go to goodell or whoever else the nfl is going to take this case because he has the authorization to take it but he can also give it to somebody else. Then if the appeal is not taken after that or its squashed then brady can go to the federal court and say go to the federal court. That has happened will they not look like fools using this language like the probability its incredible. In an appeal process, i think goodell will probably hand this over because he doesnt want to take the heat on this. Anyone he appoints as we have seen previously in the last two appointments that goodell made they overturned his suspension. So the report is probably not going to hold any water. Its circumstantial. Its ridiculous. It ignores the facts and sets a tone that is downright authoritarian on the part of goodell. As i said in my commentary hes leading from behind and doing a lousy job of it. The owners have got to be beside themselves with what hes doing because hes perpetuating this incompetence this perception that the nfl is run by amateurs. One of the things talked about in this report is that brady did not cooperate, whatever that means, in the sense that he did cooperate. He gave them statements, he spoke with them. The only reason he didnt cooperate was he was not willing to give over his personal emails. They should talk to clinton. There is more of an uproar in the nfl. Is there a search and seizure provision within the nfl . Come o tom brady was advised not to give it over. Its not as if he said im obstructing justice. Who the hell do these people think they are . Exactly. By the way, to that point, thats why theres a collective bargaining agreement. In that collective bargaining agreement, perhaps no one pointed this out to mr. Goodell, but he is required to make these decisions on discipline and punishment. He cant hand it off, the old expression you cant delegate responsibility. You can attempt authority. But the reality is he has to under the terms of that agreement, to make the decision. If he decides against brady right now, i really do think it will go to federal court. Heres the other thing brady can point to. Ray rice hey, ravens two suspensions . That was before the videotape came out and all that. Bottom line for him was two game suspension. Now, i dont know much about football but i can tell you two is better than four, right . Especially tom brady and the amount hes going to lose. Lets imagine a normal business environment, an employee says to the h. R. Department to the ceo, you know weve got somebody i dont think theyre following policy here. What would you think of that department or that ceo if he said oh, okay were going to find out, were going to go over here and check it out. Why would they not have a discussion find out what the deal is the attitude of course. Of course. It is a coercive authoritarian approach. Don yee, bradys agent, says it is a sting operation. Ill be damned if i dont think he isnt exactly right. I mean of course his agents going to say that. Obviously he will support his client, as he should. I know that everyones playing their part here but the reality is is that not what it appears . Well it does appear that something went very awry here and there wasnt enough information obtained. [ speaking simultaneously ] thats what i thought. Handle it quietly, let the parties sit down in a private room. Does brady win an appeal . I think so. Absolutely. Wait a minute. It depends on who handles the appeal. [ speaking simultaneously ] more likely than not. Yes. I love that. Thank you both for being here. Good night from new york. 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