Counter with a with accusers Andrea Constand, now 33 years old 83 years old and could have spent his life behind bars until this bombshell today. John trace, Nobody Saw this coming. Nobody saw this coming, we are just sifting through this, this opinion was 78 pages and shannon can help me sift through this because the conclusion on page 77 kind of goes into the fact that the judge who initially said that he was only going to allow one witness at cosbys original trial and then went on to allow five of the accusers from back in the 1980s to speak at his trial and the judge felt that that testimony kind of tainted the trial and that was the basis for the release. And as shannon alluded to earlier, what they were saying a Bill Cosby said, look, im not going to admit remorse, i would rather serve the entire 10year sentence then admit remorse. This dealing with the allegations charges of Andrea Constand brought against them. And he said he would serve that time. The sentence was 310 years and of course he has served a little over two years. But in the opinion, the judge and justices go into fact that these witness testimonies, the five witness testimony, they actually did not really pertain as much to the facts of the case, they were more personal attacks, and that he believes or they believe kind of tainted the outcome of this and thats where we stand right now. Now we are being told by Cosby Spokespeople that they are on their way to the prison right now, and they will hold a news conference, we dont know the timing of that and we dont know exactly when Bill Cosby will actually walk out, that might take a few hours for them to process, but we are being told there will be a news conference. We are trying to get some legal analysis on this, and its important to note that the victims and in many cases are furious that cosby is being released, for now it appears that Bill Cosby will walk out of the prison in the next couple of hours and he and his team will go before the cameras when that happens. John trace, there were a couple of things that the supreme court considered, that it was tainted by the judge allowing multiple other victims to come forward, but the numbers also something about him saying he had an agreement with another prosecutor never to be charged . Speak of the decision not to charge, this is the whole thing and i am reading this as commonwealth versus ds 12, the decision to charge were not to charge can be condition modified or the prosecutor goes on to say that the discussion invested ine prosecutors does not mean that it is exercising freedom of the constraints of Due Process. When an unconditional Charge Decision is made publicly and with the intent to induce Action And Reliance by the defendant and when they do so to the detriment and some upon the advice of counsel, denying the defendant and the benefit of that decision is a front fundamental fairness, particularly when it results in a criminal prosecution that was forgone for more than a decade. What they are saying is that these allegations were made in the 80s, many of them the early 90s. In the judge is saying it isnt fairness. It is a Fairness Issue here, and they believe in this case that fairness is that Bill Cosby should be released from prison, john. John it is a stunner, thank you for handling the Breaking News in addition to your other duties. Shannon Emily Compagno joins us now, as we try to figure out this thing and break down a couple of the main points going back to the main idea that there was a conversation that they had with the earlier prosecutor, it was not in writing but enough of those supreme court to say, if he relied on that agreement that he would not be prosecuted and then gave potentially incriminating testimony in a civil suit and called involving the accuser that is a problem recorded among others saying he gets go free. Emily thats exactly right, shannon, the Bottom Line is for everyone to understand a Due Process trumps Everything Else in the prosecution whole system. And here the court was pointing out exactly that. They said the District Attorney upon his assurances the defendant, and it will just say dependent, because i want to remove for a second our association that it is Bill Cosby, because we know through his own mouth that he is indeed guilty of these charges, but essentially the defendant relied upon a prosecutor who said im not going to prosecute you at this time, there is too much of a lack of physical evidence at this time and issues of credibility given the timeliness factor with failure to file a Complaint Right after Andrea Constands allegations occurred, so in the civil realm, we will not prosecute you, to which the defendant said okay, and the proceeded to engage inculpatory statements in that Settlement Meaning he testified against himself. Remember that in a civil realm, you dont have a protection against your own testimony, unlike in the criminal realm when you complete the fifth, if you are a dependent end of the civil, you can be put compelled to participate in the prosecution. So Bill Cosby did, although statements, those resulted in him settling the suit, but b, subsequent attorneys moving forward and prosecuting him, so not the original prosecutor, but the successive one, so the court essentially said Changing Of The Guard does not wipe away the inequities here, they said, the right to fundamental Due Process, the fact that this defendant relied upon Public Unconditional Assurances by District Attorneys that he would not be prosecuted, he then weakened his own position in this specifically he said and engaged in the civil suit and paid it out, he was tried twice, then he was convicted, and then he served time in jail, they said, wheres the equity in this . And keep in mind that the other party was argued cooed arguing in the prosecutor chair, why dont we try him a third time . And they said absolutely not for an impact of Due Process, they said it requires nothing else but a complete vacating of the judgment and you can never try him for this again. They said the Interest And Society and prosecution is of course a vast, but they said it however has trumped by our interest in constitutional rights, and here they felt that it was impeded enough to vacate Bill Cosbys guilty verdict. Of the charges. Shannon we had the conversation about the testimony of other accusers who were not in this case and allowed in, and anyone who has watched any crime shows out there, a lot of cases, that is actually permissible to show a Pattern Or Practice of behavior by a defendant. In this case apparently the court, a split decision, but they found that that cross the line. They worried about it turning into character attacks versus showing exact patterns by a Defendant Or Something like that, but in many cases that is the testimony that will be allowed into a criminal prosecution. That illustrates the delicacy of the metoo movement. And looking at that evidentiary reason, which is to a reasonable person we are saying, this guy was a predator, look from his own mouth and from all of these testimonies, this is the same mo he did all over again, shouldnt that way in and serve to demonstrate yes, this pattern and yes that it would not be passed him to have engaged in the specific night an occurrence that is on trial at the heart of the issue is that trial they are in the criminal proceedings, and here essentially the court is shaken that often saying, no, it rises to that level to your point of impeding his constitutional rights and protection that it blurs the line into Character Assassination and the like and here we have to uphold that sacredness, that sanctity of the criminal Justice System. But thats Hard To Swallow, shannon. Its Hard To Swallow as an Average American who sees that people have gotten away with her frankly decades purgatorial behavior in positions of power, and some type of reckoning of a public reception to this happening and the accountability that couldve been have, and now we are seeing it backfire. John emily, it is drawn here. Earlier associative report, prosecutors did not immediately say if they would appeal or seek to try him for a third time, but if i read correctly what you just said, the Judge Close that door and said you cant try him again . That is exactly right, john, i am scrolling through the 79page Decision because i would love to quote it specifically for you so that we have for viewers the exact quote, but yes, they absolutely did reference the fact that a third trial while being sought after the prosecution, so they say specifically yes, the cdo, a different paragraph, but they say that the prosecution shunned to the remedy of vacating this judgment and the court says, we dont dispute that the remedy is both severe and rare, but they say and in contrast to the ceo which argues there is a public interest in having the guilty brought to book. It goes into what all of us are saying which is that believe justice here seemed obvious given that Bill Cosbys personal testimony and yet, the court says, no, absolutely not. We know that this is indeed and the reason that they talk about the vacating and is im sorry if i pitch around, scrolling through this decision, but today say that the impact was fast and thats why the remedy should match that impact. They say although the cdo they say would argue, the remedy for all of this would include subjecting Bill Cosby to a third criminal trial. The court responds that is no remedy at all. Rather the judge says it is an approach that will place Cosby Nowhere near where he was before the due Process Violation took root, and that goes into what i mentioned earlier here about the fruit of the poisonous tree which is that in the criminal Justice System, they say if the fruit is poisoned of a tree, that everything that flows from that tree is subsequently poisoned and have to go back to the original source, the original painting of whether it be evidence or hear of the entire unfairness impediment to Due Process, you have to go right to the source and restoring that defendant, restoring that person back to before that all occurred, so here the court is arguing that this does not mean a third trial, because i would put them right back into the same shoes which is subjected to a due Process Violation, instead, they say the only available remedy is to vacate the judgment and integrity. He is a free man and cannot be subjected to the same charges again. John emily, thank you for your quick reading of the opinion, appreciate it. Emily said that justice is obvious unless you have really good attorneys. Then not so much. Shannon these protections are built into the Court System that all of them should want us to have them if we are accused or go through The System a prosecution of normal rights, the issue of Due Process, those are very important Bedrock Pieces of the u. S. Justice system, and a lot of people will look at i didnt say that it plays out differently than you hope it would, but when you take the emotion out of it and just the statutory law and as it goes through, youre going to get to different results like this sometimes. We have to remember in the vast majority of cases, every One Of Us would want these remedies available to us, where there was, and something that stems from the evidence causing great harm, and not always perfect, but i think it is the best system down there. John we know that his attorneys were raising the issues by the supreme court, why does this take us so by a surprise . Shannon i think because it had been an overwhelming legal conviction, but the p. R. , the public conviction as well, many convinced, and did not want to believe it about the man who is americas dad, americas granddad, there were so many women that came forward with such the consistent stories about the methodology and what happened that many people in the public became convinced that you have the public battle, the legal conviction, all of that seemed to say that he was not going anywhere, but he has always had supporters along the way and he would rather serve the entire 10year sentence then admit he had done Anything Wrong according to Sexual Assault. So the legal system is there any had a great legal team and they used it to their advantage and now what feels like a stunning Development Today as we wait to see him and his legal team actually holding a Press Conference at some point. John on the way to get them out of prison. Lets bring in terrel leo, 58 accusers, one of which went to trial, rested 12 days before the statute of limitations ran out on that case, and now he is going to be a free man in minutes, what are you thinking about all of this . I will tell you right now, john, shannon, i cover the trial when it came out a couple of years ago. Do i believe that Bill Cosby is a predator . Yes, no question about it. Do i believe that the legal system did them wrong . Absolutely, emily talked about it before, one, the deal that he made with the District Attorney, he had a deal, and you have a Due Process argument, and he relied upon that. And the subsequent d. A. Ran a campaign on that he was charged, Bill Cosby. So it was a political motivation, secondly, and prior bad acts, those prior bad acts that Bill Cosby was involved and were so old, and if you are going to use prior bad acts, they have to be a similar situation, so they brought in five prior bad acts that cover a 2030year period and allow that to be introduced in the current trial, and basically you have to ask yourself, did the jury convicted him of being a bad character and bad person, versus was he actually being convicted on the charge before that . And i think the court got it right. I agree with shane and 100 . This guy may get off because he had good lawyers and that he had the ability to finance it. We want these constitutional protections for everyone. Bill cosby, a monster, yes. Did he properly go through the legal system and get vindication . Absolutely. You can have both situations occurring in this case. Shannon absolutely right, leo, you make such a good point, if he had a conversation where he believed to be a Protection Agreement against prosecution, if any of us rely on that and then wound up being convicted of something that sent us to prison for at his age, may be essentially couldve been the rest of his life, as americans, we should not want the prosecutors to pull the rug out from somebody if a deal had been made. We are told that this was not a writing. That was enough for the Pennsylvania Supreme Court anyway. But is it your experience that things that are verbal agreements involving somebody as highprofile as this and a prosecutor, may be that shouldve been documented and shouldve been handled differently so that they didnt get into this eventual situation where we are today. Well, shannon, i agree with you 100 , i believe in fundamental fairness, but i covered it and i tell you right now, they had a hearing on the whole issue. And they brought in the old d. A. , and he talked about it. And i think at that particular time you had the me too movement, the court of public opinion, and i think that the Trial Judge made a mistake. They did not have it in writing, you should always have an agreement with the prosecution in writing. But they had a Court Hearing and the Trial Judge basically miscounted the agreement and allowed the case to go forward, and again, if youre going to be fair and fundamental, as a civil rights attorney, i thought i was wrong. John used to being on the lefthand of your screen, the Phoenix Facility where he has been housed over the past two years and where he will be released very soon In Collinsville, pennsylvania, clearly there is going to be an outcry from some corners about all of this. This was the first prosecution of the metoo movement. And they will see this as justice denied for women. You know what, john, this will be a very sad day, because he will hear people who were actual victims, womens who were victimized and my personal opinion, but get your ears set up, i guarantee that when Bill Cosby calls, i cover this, they claim those races and to the Press Conference will play the Race Card as well that he was being prosecuted, and politics involved, race involved, and its going to be a salad of Accusation Targeting everyone. John this was appealed back in december, did you ever see this happening . There is Video And Tape of me talking about this, i thought that the prior bad acts were too old, and you have to make sure that you relate them, and then secondly i felt that he had a chance, the only part i am surprised about is when the court basically said, no way, you are not going to try him again, and the argument is that you cant put them in the position that he was and when he made that deal if you try him again, i get it, that was the part that was surprising. But he had two legitimate arguments, the deal with the d. A. And those prior bad acts there were anywhere between 2025 years old. Too old to be consistent with the acts that he was being charged with. Shannon lets talk about that, because there are statutes of limitations, for charges of people facing out there of. You talk about this break in the accuser and having the show of pattern of prime or practice of the defendant that you need them to be more temporarily located in time to each other, and time seems to be such an issue in this case, because when you talk about years going by, women feeling like if i go forward, there is no way that anyone is going to believe me versus Bill Cosby, me versus americas favorite dad, they are often timely offices that take Place And Work to the benefit of the defendant where we are talking about statute of limitations or the ability to carve out or to block the accusations of these others accusers. So what are we to do with that was someone who is highprofile and people who are going to be hesitant to come forward saying im never going to be believed . Good point and good question, the argument is you are going to have to this will be a Bellwether Case where people understand that notwithstanding the peer pressure, the person involved, you have to bring these charges forward, a lot of states change their laws regarding when they can report these accidents, and how long is the statute of limitation withstand it. If we be fair both ways, the hardest thing to do for a defendant is to crossexamine these individuals. There is no Police Record or documentation, so basically the victim has basically the control of the testimony, because the defendant of a disadvantage of cross examination, impeachment, because the evidence is faulty or nonexistent. So the key here is this, this is something that is going to happen, especially with Bill Cosby, because of his financial wealth, he is going to get away with this, because as i said, that person he committed that crime. But the legal system has to be blind to those issues and sometimes the crimes do not or are not basically resolved in the criminal system. There are potholes in the criminal system. Still the best one on the planet. Shannon with you on that, leo, thank you for the quick analysis and grateful company knowing that you cover the case as well for joining us now, Fox News legal analyst mercedes colwin. We talk about the fact that this went to two places relying on formal prosecutors assurances that the agreements would not be prosecuted, but also the issue of throwing out the additional accusers coming forward too far in distance and time from the other case, so i think about this now and looking ahead, what about the civil possibilities for Bill Cosby . Because these are criminal charges, but as leo just talked about, this is a wealthy man, do you expect that the accusers will make another run at the civil option . That is a great question, and there is a special limitation for the civil part as well, but pending legislation, there is an equivalent to the child victims act which basically listed the statute of limitations for individuals who were sexually abused as children. There is a pendulum for adults that were abused, if that passes, youre exactly right, all of these individuals who mightve been part from bringing their case criminally can seek restitution in a civil proceeding. Shannon while, we know that some of these women, that is part of what the complication was here is that apparently Bill Cosby was in a civil situation assured by an early prosecutor that his testimony would not be used against him, so he testified in that two these are often times the civil and legal cases, but it looks like today he will walk free from those criminal penalties and the possible up to 10year sentence, your reaction, was it unexpected to you . Completely shocked, because there was just so much evidence that the prosecution had, and especially because they have tried coming of the deadlock, and on the jury, when the judge had the second trial, they allowed the five individuals, the five alleged victims to come forward and talk about the Sexual Assault that they experienced. And it was based on that evidence that let the second jerry convict him. So i was pretty shocked, because as what leo said before, it is a very difficult evidentiary ruling that judges make on a pretty much daily consistent basis. Can the Brat Act be brought into this proceeding . That was a Essential Turn of events. And we knew that the attorney went through the trial on the first proceeding when Andrea Constand had taken the stand, and then having the next proceeding 15 accusers came forward, it was a different outcome. It is clear that the Defense Team had what they needed fourth at the immediate to show obviously that the evidential ruling robbed the argument, raja Bill Cosby of a fair trial and Due Process because that ruling resulted in his conviction and the same evidentiary ruling that have been founded by the prosecution was denied and led to a hunger early jury. They had it that it would be vastly different outcomes on this issue that could be brought into the trial, which led to the conviction the second time, at least that is the argument the defense made and they were able to overturn the conviction, but i was shocked by it. I really was. Such compelling evidence against Bill Cosby. John hey, mercedes, its john here. The order in the opinion from the supreme court that he cannot be tried at their time, is that absolute . Is it possible that they could try an avenue of appeal . Or is cosby basically out for good in the prosecutor has to throw in the towel . It is a great question. It does not seem that there will be any further prosecutions, but the civil legislation that can come down the pipe there could be some form of restitution for the individuals in the future. John but there is a statute of limitations on the civil aspect as well, 12 years for the criminal, do you know what it is on the civil . It would be i think just one year, usually if you are physically assaulted and it is not an employment setting, it is one year generally. So they had a very short window to bring charges against Bill Cosby. Shannon we talked about how Due Process is so critical to the legal system and all of us want that at our disposal if we are accused and taken to trial. It is something that we should always remember and want as an option. The court in writing about this said, the Appeal Eminence from cosbys criminal convictions and we cannot ignore the true birth of the due Process Violation. And the d. A. Casters actions handicapped cosby in the civil suit. Nor can we ignore the fact that the civil case was exactly why they proceeded as they did, and never restoring cosby to the Positioning Health before he forfeited his rights. Consequent to the actions including civil matter and no exclusion of Deposition Testimony can restore Cosbys Injury in that regard. So we may not always like the results, some people are clearly going to be cheering for Bill Cosby who believed him all along and thought that he would be vindicated, but we all should want to cling to that idea of Due Process. Undoubtedly, and what the judge was saying in this decision is that based on the representation by the prosecution, thats why Bill Cosby answered the questions in the civil proceeding, answer the questions pertaining to the assault of ms. Constand. If he did not have the in place, he would just exercise the fifth Amendment Right to remain silent and not answer the questions. There is a difference, when an individual in a criminal proceeding actually exercises their fifth Amendment Right, there is no adverse ruling that comes about. It is charges that they go through the right, when a defendant is seeking that level of protection, there is an adverse ruling that comes in and is the reason why they wont answer the question is the reason that they did actually commit to the unlawful acts asked about during the civil proceeding. And frankly if i was in the conversation where i would defend an individual accused of this type of conduct, and in the civil proceeding, if i dont have that in place by the prosecution, the answer would be that they would not answer subsidence hillbilly. For would stamp leaving the fifth and leave it at that. So based on that, thats why the prosecution was there. John think youve heard the analysis, Trace Gallagher live in New York with more details as we await a statement, probably something out in public from Bill Cosby, just before we get into you, i was looking at the dissenting opinions from Justice Taylor and all of this, he disagrees with the idea that the prior agreement with the prosecutor meant that Bill Cosby could not be prosecuted, not that it matters a whole lot with the dissenting opinion and not the overall larger opinion, he said that i read the operative language, and the clients to authorize the filing of criminal charges in connection with the matter as the public announcement of a present exercise of prosecutorial discretion on the occupant of the office of District Attorney that would in no way be binding upon his future Decisionmaking Process let alone those of his successor. So thats will be a dissenting opinion, clearly the majority, what else do you have for us . Just to double down on what you were saying there, it goes on to say, you know, its an unconstitutional course serve Bait And Switch as they are talking about the deal that Bill Cosby thought he had with the d. A. That would prevent him from being prosecuted against, and then of course you skip down to the bottom and the final finality of this saying the impact of the due Process Violation was coming here it is vast, the remedy must match the impact, and the remedy is that Bill Cosby is now free. We are still waiting to hear some kind of reaction from the victim Andrea Constand, as you know at the time, she was 30 years old, she played professional basketball and was an employee of temple and this happen in cosbys mansion. At the time she gave this very compelling statement saying that Bill Cosby took his spirit and crushed it, she said she was a fit confident athlete that played professional basketball and after the assault she was overwhelmed and felt alone. We are waiting for her. We are waiting for the news conference, all coming up. John. Shannon Trace Gallagher taken the Breaking News as it comes in. Thank you, trace. John bottom of the hour, top and the news, former President Trump is visiting the epicenter of the Border Crisis as access ramps up the crisis to stop the surge of migrants coming across the border, former President Trump with Mike Abbott and a g. O. P. Congressional delegation. And getting the Rio Grande Valley where a number of migrants is overwhelming the Border Patrol. After several months bringing you the shocking statistics on the surge today, a heartbreaking reminder of what is really at stake the images of a 2yearold boy abandoned by the side of a road in mexico, the national Migration Institute reports that he was found near a truck with more than 100 people all risking their lives hoping to enter the u. S. Lets listen to President Trump with Governor Abbott. It is like russia, prussia, russia, russia, russia, russia, what is that all about . And then they said, oh, you were very friendly. That has been proven to be false, it was them that was associated with russia. It was them, the democrats and hillary and the group that gave money to russia, so it is a Disinformation Campaign and it is a terrible campaign where they are trying to say this is a disaster for them, lets blame the people that have really done something about it and can do something about it, but when your hands get tired because you are no longer in control of the White House or congress, it is a disgrace, we worked on it hard and we worked on it long, and we discussed it every week, and we had it down to a point that weve never seen anything like it. Im so glad that you mentioned the fat and all, because i was almost a nonfactor, and now i hear that it is just pouring into our country. It is the most dangerous of all, but just pouring into the country. Emily stopped also Human Trafficking, mostly in women. That was almost stopped, and almost 500 miles of wall despite two and a half years of lawsuits and litigation started by congress, Nancy Pelosi, they sued us for everything, and we won the suits and started within a few months you wouldve had The Wall totally complete, and they ought to paint it. They are supposed to paint The Wall, and they arent even doing that. They have to get a coat of paint on The Wall, believe it or not, it does rust. Maybe thats what they like. Let It Rust and rot, but we built a wall that was not a wall that anybody could get through. And unbelievably, the only breakthrough is let them walk around to the few open areas where you have problems on land disputes, et cetera, et cetera. All of those were resolved, and we have them resolved, you couldve completed The Wall in a couple of months and they decided not to. Now i hear rumors that they want to do it, but it is only common sense. They were saying, we want high tech security, and i used to go around in speeches and i said the terrible things that will never get old our wheel and The Wall, and thats true. When you get right down to it, The Wall really would work. And almost 500 miles of wall, and then another 200 that we were thinking about doing, less important areas from the standpoint of people coming in, but nevertheless, very important. We discussed it and did a great job. Within the period of a few months, it was dissipated and in mexico so important, catch and release. We broke that one. Chain migration where people come in and bring everybody else in with them. We did a hell of a job and had it down to a science where people werent getting and unless they came in legally. And then again, the drugs had dropped by 70, 80, 90 percent in some cases. And fentanyl is true, and almost up to nothing for whatever reason. But i guess the reason was we were tough. This was a great group. And all they had to do was go to the beach. If they wouldve gone to the beach and done nothing, they wouldve been fine. They couldve even had other people with your policies take your places if they felt that they wanted democrats, but that usually does not work out too well, but chad, hugh, mark, tom on the outside, i mean, it was just an amazing group of people, and brandon has been incredible, from Day One, he came to me from Day One with no games, no nothing, you knew that we were going to do it right. And i would ask him a lot. I would say what do you think about this . I was calling them once every four company, five days to get his advice. I was going to build a very good precast concrete wall, wouldve been very fast. I loved it. I was going to do precast of the 5,000pound concrete, and the Border Patrol hated it because they wanted to be able to see through. I said why . And after we go through, then we put the pedals on top, and you are all nodding, its true. The petals on top, it is sort of a safety climb, and a no climb paddle, and that adds great difficulty to being able, because a couple of people said why did you put it up top . And it was really a no climb paddle, its very hard to climb. Once you get there, you have the paddle on top of Everything Else, so i did it on hundred as per Border Patrol, i. C. E. , and Everything Else in conduction, even with the utah people designed a wall that was terrific. You see it as steel, but it is hard and concrete the inside of the ballards, and then it is rebar, a very heavy rhubarb, steel. So we had steel, concrete, and steel, and when they cut through it, they have to really want to get through. You got to really want to get through. We have had almost no instances of that, so we built a wall that was not penetrable, and we were just about finished, and then we had an election where we did much better than we did the first time, and amazingly, check out the new York Election by the way, they just realized its a disaster. They were unable to count the votes. Did you see it . It just came out, missing 135,000 votes and put 135,000 makebelieve votes in. Our elections are a disaster, but this election, because of you and ned and everybody, i want to just think the people of texas, because we won in a landslide, it was not even close, i always say, they say texas is going to be close, i say, i am in favor of god, and i am in favor of guns. And they are not, and if you are in texas and you dont like guns, god, and oil, i think that you wont do too well, and they did not do too well, they did poorly, but we did well and in other states as well, states that we lost, we did very well, much better, 12 Million more votes than we had the first time. When in the media called up and said, can we ask you, what was the difference between 1620 . And i said the big differences we did much better and 20. They said, you know, we are right. But the Vote Counting was probably a little bit better for them in the 20, because what we have done is appreciated by the people, and we have to get the election straightened out, because he will have a runaway country, a banana republic, you will have a third World Country soon, because the elections are a mess. But i want to thank all of the sheriffs that my friends shannon thank you, President Trump, Governor Greg Abbott going to things all along the border, fox Friends Cohost of brian kilmeade. What are you watching for in this Visit Today . Number one, the one thing about President Trump coming in for a while the Border Protection and blocking of The Wall, and the policy is in place were working. And as John Roberts witnessed and you report on everything all night, he kept making changes. He would fire people, changelings, go down there, if the media was down there you talk to the Border Patrol and arent stopped. I went down with the secretary of Defense Plan on mothers day weekend, and it was not too popular at my house, but we talked about the pentagon combining with local federal forces and the Border Patrol to try to think make things work. So you had President Trump sitting there, he was not ducking from the problem. The big differences this administration is pretending that things are going well and saying things get better. They talk about improvement, has anybody honestly looked at this and think things are going well . Unless you want the border to be wide open, you want the kids to come in without any parents with them, and its bold to this administration. And after you were elected, reported to take the citizens to the border, and we went through our border, Americas Border and we were not happy, and looking a little frustrated right now, because he had it going. John i guess this can be billed as the i told you so tour, but the fact that Kamala Harris went down to the border on friday does that in any way diminish the cachet of President Trump being there . Or does it actually give him a better chance to be able to respond to how the administration is handling this . Not only for the reason that Kamala Harris did not go to areas in texas, she went to the El Paso sector which is much better than what is going on in the Rio Grande Valley. A couple of things, i will take the latter, and makes the president look better because he went to the administration and if you just saw the Vice President speak last week she was totally unsure of herself and did not look comfortable at all. And the only thing she said was play pure politics. Hers first Statement Hero she came out and said this is where the Child Separation Policy was put into place, we want to see how much better our policy is and then foolishly the democratic leader came out and said, this is the new Ellis Island. Everyone fears a democratic pungent and analyst would recoil, because thats exactly what you dont want to. Ellis island reported, we have your name, we found out your background, and we found out where you are going to go. Here they come in a legal and circumvent The System, it is everything that Ellis Island wasnt. So i think that President Trump deserves credit for forcing the hand and for Kamala Harris, i think that she looks worse because she was given this thing and she is not interested in running it. Speak on the biden administration, a number of representatives saying that there has been progress, you can seek great progress at the border and it sounds like a direct insult to the american people, because the data we are getting is not partisan. Coming from federal agencies giving us numbers on how many people are showing up and getting through, what is going on, and thats not capturing everybody, those are the official numbers and they continue to get worse and what we are told its to our faces things are getting better. We have eyes and ears. And great stuff, our Drone Teams are giving us an angle on this i never thought was possible, we actually its almost as if we are working the border, we can sit in new York City and washington and be real but go see over The Wall and also the agonizing sense and should make it for every american, not a Trump Supporter or detractor to see The Wall stopped, nobody says its perfect, but it slows down and gives you a sense of control, it does not totally shut anything down. We paid to finish that wall, that money is on hold, now we have to destroy or store the pieces of wall that are made already. There is no reason for it, and it is to pure politics. And the people paying the price, the Rio Grande Valley, those who have teenagers now have fentanyl in the schoolyard that was never there before, because the drugs are flooding in. One led to another and the thing that sticks out most of all is trump admitted it was not working. He did not hide from it, he said i am working on it getting to the next one coming here they are ignoring it, and so is most of the media. And i dont think that works in our nations interests. John one of the big differences from the administration is that President Trump admitted that there was a crisis on the border, one that needed to be addressed, the biden administration is not shooing an idea about the crisis on the border. I dont know if you will be able to use the materials that are currently stored, mothballed, if you will, but Greg Abbott has committed 250 Million in public funds with half A Million Dollars on that front to complete The Wall, at least in the state of texas in the Land Commissioner has said that he will allow Emergency Authorization to build The Wall on stateowned land along the border. So now all they have to do is try to convince the biden administration to give back private property that it expropriated in the Trump Administration so that the state of texas can take that land and build The Wall. I dont know what the chances of that are, but Governor Abbott wants to give it a try. The governor has come around some criticism from the governor circumstances acting too slow, governor. Filed in the area with Texas Rangers and National Guard and quickly announced that this would be a big problem, and it is a sense from Allen West in the g. O. P. , and we saw a former texas official Last Night Say that the governor is slowly but surely acting, but he could be having 20 or 30,000 more, now we have other governor sending their National Guard, but everything a slow motion and with 56,7 across a day, that is not on anybody side, so incurious to see if the governor weld feel some pressure. John we will watch the former visited president s visit along with texas Governor Greg Abbott. Brian, thank you for being with us. We will have more on the upcoming imminent release of Bill Cosby from prison after the supreme court of the state of pennsylvania vacated his conviction, stay with us here on america reports. We will be right back. N your homcash. Ity into because Home Values have climbed to all time highs. And so has your equity. Turn it into cash now, while Mortgage Rates are near all time lows. The newday 100 Va Cash out loan lets you borrow up to 100 of your homes value. You could take out more than 50,000. Use it to improve your home. Pay off high rate debt. Pay for big expenses. Or put it in the bank for real peace of mind. Nows the time to use your Va Home Loan Benefit to get cash before Mortgage Rates begin to rise. Call now. New Crest Prohealth complete protection kills 99 of bacteria. Plus, it works around. And around. And around the clock. Crest prohealth complete protection gives you 24hour protection. Crest. The 1 Toothpaste Brand in america. What does it mean to be a hero . Ancestry helped me learn more about the man behind the medal. He was a father to two young daughters. He was a scout and he knew the land better than anyone. He came from italy with nothing for a new life. His family depended on him. He sacrificed so much. Isaac Payne Barney F. Hajiro Elijah Bacon Michael Valente he is our familys hero. Who are the heroes in your family . Shannon back to the border where my Katie Trimble is live, President Trump making some waves down there, hey, grady. Hey, shannon, critical of the Vice President when she came to texas last week because she did not come here to the Rio Grande Valley. This is an area seeing a huge influx of migrants illegally crossing the border and where Border Patrol tells us is where the numbers show essentially for migrants crossing come you heard from the breaking from former President Trump as well as Greg Abbott and local Law Enforcement from all over the border counties of texas about what is happening. And they say it is failed policies from the biden administration that is causing it. They say there have been increases of fentanyl being tracked over the border and increases of people being traffic across the border. In the flow of migrants crossing the border, they say it is directly a result of the biden administration, for one stopping construction of the Border Wall coming here is Governor Greg Abbott saying he wants to plan to continue building the Border Wall even if they have to do it with the state of texas taxpayer money. We are not going to be involved in catch and release. If you are saying texas, you want texas Law Enforcement arresting you and putting you behind bars. That is not going to be the red Carpet Treatment at the biden administration has ruled out. During our time here we have seen apprehensions taking place, at all areas of the Rio Grande Valley, just Yesterday Evening we saw a group of about five migrants that came from El Salvador being apprehended earlier in the day. A group of about 2,000 even more being apprehended by Border Patrol agents, they are being inundated and overwhelmed by the flow of migrants over the border and thats why several states outside of texas and texas itself have sent troopers to the border to help assist in the Border Patrol efforts, and they appreciate the former president coming here to talk about what is going on here in the Rio Grande Valley to talk about The Wall that he was instrumental in making happen and to talk about the policies they say will help solve some of the challenges that this region has faced over the last several months, shannon. Shannon grady, im assuming you have had a chance to have this conversation with the Border Patrol and folks doing tough work at the border, we hear that they are stretched in A Million different directions and children to worry about as you mention, drug smugglers, all kinds of different demands on them, and only so many of them, what are you getting a sense of as far as morale, fatigue . Their ability to handle multiple fronts . They feel like they are up to the cause but that they dont necessarily having the backing of the federal government to do their job appropriately. They felt like they were making progress under the previous administration that has been undone during the current administration. And i actually talk to Law Enforcement here on the border and asked them what policies could the biden administration put into Place Today that would make the biggest difference in your being able to do your job, and they said the biggest thing is building The Wall, even if it is temporary structures like the governor of texas has allowed to be put up using Pacs Tail Taxpayer dollars, they say that it is not any wall in place, and they can focus on those areas, n my line of sight, you see this wall goes as far as the line can see in that direction, but i look over that way, and there are sporadic areas where there is no wall, and they state that they would be extremely helpful if those areas could be completed. Also seeing areas where The Wall was being constructed, but as soon as a biden administration on day 1 halted construction, they essentially stopped worked at a standstill. Still supplies of Building Materials and La Jolla where we were watching the aberrations. Equipment there as well, so it sounds like the contractors pick up work as they get the direction from the federal government, but as of right now, they have been told to halt construction and does not seem like the biden administration will change that despite the fact that Governor Abbott and all those Law Enforcement officials say a wall would be extremely helpful. Shannon Grady Trimble at the border, thank you so much, grady. John joining us from outside the facility, In Collinsville, pennsylvania, northwest of philadelphia where Bill Cosby is expected in moments to walk out a free man. Emily, you had some time to read through the opinion, the dissenting opinions, what is your sense of how we got to where we are today and what it might mean for Somebody Else who is potentially in Bill Cosbys position, not that there is anybody else in his position, but certainly Bill Cosby managed to get himself out of a very, very tight squeeze with the help of some highpowered attorneys. Because thats exactly right and we certainly hope that they are not any more people in his position, although i think the theme we will see again is one of Due Process, and that is one that the affirmation of our constitutional right to Due Process always trumps the actual evidentiary area standard and the actual details of that particular case, and that is specifically what the judge addressed and with this Majority Opinion stated when they said, look, we know that there is a public interest and prosecution, but that is outweighed by our commitment to peoples constitutional rights to continue to uphold that essentially, and i have to go back if i made to a conversation you guys were having earlier where you asked about the civil statute of limitations and i just have to tell viewers that in pennsylvania it is two years, each state is different. In california it is three, so i think that to your point, lets just say if something was to have happened in the last two or three years, they will take on the prospects that are dim. Because now with the civil suits, they would just drag it out and continue to reschedule that position, so i dont even see that as a Potential Recourse for the victims of Bill Cosby here. You dont have to say alleged anymore because the conviction was based on his own testimony, the cope of tori testimony where he testified undath to his guilt, and upon which the jy relied when they convicted him f the criminal charges. But here he is now vacated in the courts, and zero possibility based on the decision of a third trial, the judge specifically said while the prosecutors are arguing that the remedy for this impediment to Due Process would be a third criminal trial, they say, that will not to restore the defendant to true justice. True justice for the due Process Violation is restoring the defendant back to where he was in the very beginning, back to where he was when that original District Attorney promised him unconditionally he would not be charged should he proceed and participate fully in the original civil suit, john. Shannon with all those things in mind, you talk about incriminating statements himself, we know that, we have heard a lot from him in a number of different scenarios, so we know what he has admitted about his behavior, but as we noted as well, in prison, he was offered an opportunity to take part in a program that was akin to a Sexual Predator program, and if you took part it wouldve been better for him going for the Parole Board, he refused to do that. He said he did not want to make any admission that that was actually a label that fit him. We talked about the fact that he said he would rather serve the 10year sentence and admit that he did Anything Wrong, now going to be able to come out with the Press Conference today and correctly make the assertion that he was wrong in the process. His rights were violated in the process and that is why this has been thrown out, but because he has been so defiant in refusing to actually admit guilt, do you expect them to take a Victory Lap and say this proves that i was right all along . Yes, i do, shannon, you acknowledge his absolute refusal to engage in any type of acceptance of that, despite his testimony upon which everyone relied and also frankly hubris. I think that that is the unfortunate common denominator of Sexual Predators like this that abuse their position of power were so many women and people below them is that hubris. And it sort of back to you. Shannon Emily Compagno, thank you so much for lending us our expertise today. B2b had to jump in because we need to go down to miami and a rare move, the Miami State attorney saying that she will ask a Grand Jury to investigate the building collapsed in florida where the 16 people died, 147 are still missing. Phil keating live on the ground with the very latest, phil, where what is it looking like from where you are . From here it is another day, every day it has been pouring Rain Off and on in the afternoon, and that hinders and sometimes holds the heroic Search And Rescue operation that is going on on the Collapse Side of that tower behind me, they did find more bodies overnight and more tunnels or voids where searchers became optimistic thinking, well, maybe these spaces have air in it and we might still find somebody alive. But the updated numbers right now, 16 people confirmed dead, and more than 100 men, women, children still unaccounted. New video of the effort released by the Miamidade Fire County rescue, some heavy equipment being used for the enormous slabs of falling concrete while most of the teams use their hands and shovels removing Debris Bucket after bucket. Millions of pounds of Concrete And Steel have been removed from the partially collapsed Condo Towers thursday. All taken to another location basically now evidence. These are some of the best pictures we have seen so far. It is groundlevel, you can see the challenge and the enormity of the pile, especially when it is compared to the size of the men and women who look so tiny charging through that big pile. Keep in mind no one has pulled been pulled out alive since last thursday. But they have hope that someone is still in their breathing for the families who are entering days 7 of the Search And Rescue, much is being done to help. We are not leaving anybody behind. This is going to go until we pull everybody out of there. This is our Number One effort. Israeli Search And Rescue team who flew in from Tel Aviv with his men and women last week, he was telling family members, look, theres still hope, we have pulled bodies out of piles of Rubble A 78dave 10, keep your hopes up. As for the Grand Jury come in the state attorney, she is not waiting to present evidence that from what exactly caused the tower to collapse. To doing it immediately, she says. And if they find names of people who were negligent in fixing known structural damage, prosecutions will absolutely follow, john. John Phil Keating with the lading for us, and continuing with the Breaking News coverage, Bill Cosby is getting out of prison today. A stunning ruling that Nobody Saw it coming, the supreme court overturning and vacating his rape conviction. Welcome to our two of america reports. I am John Roberts. Good to be with you today. Its going to try to dusted off and use it on days like this. I am Shannon Bream smith. Serving more than two years, the 310year sentence near philadelphia, he said that he is prepared to serve all ten years rather than ever remit any remorse with accuser Andrea Constand. The state Parole Board denied a request for early release based on some of his actions in prison, and now 83 and very well could have spent the rest of his life behind bars until now, Trace Gallagher live in New York with all the breaking details as we take this part, trace. This is along the Pennsylvania Supreme Court decision, and will give you the Nutshell Version of the time im back in zero four, Andrea Constand the victim testified that she was getting out of her professional Basketball Career and wanted to go into entertainment and was seeking Advice And Mentorship from Bill Cosby and invited her to his home to give her advice and instead, claims that he drugged her and sexually assaulted her. But at the time, the d. A. , Bruce Castor decided not to prosecute. Well, that opened a door for Bill Cosby to testify in a subsequent civil trial and in that civil trial, Bill Cosby made a number, a series of shocking and incriminating statements. Well, the new d. A. In 2015 did not think that he was bound by the old d. A. Pluralist deal by Bill Cosby not to prosecute, so he was prosecuted, and now the Pennsylvania Supreme Court saying that it was a mistake and was quoting a Bait And Switch the violated Due Process. We are looking at live pictures of collinsville, pennsylvania, and Bill Cosby any moment could walk out of that prison, because that is the remedy that the Pennsylvania Supreme Court sought. Bill cosby was just turned down for parole back in may because he would not cooperate in a Sex Offender program. He said to do that would be an admission of guilt and he was not going to do that. He would rather serve the entire 10year sentence 83 years old, that is significant. We know that when they walk out eventually, there will be a Press Conference, what we dont know is who is going to be involved in the Press Conference, will it be Bill Cosbys spokespeople . Will it be cosby himself . We dont know who is going to speak as far as speaking goes, we have not heard from the victim Andrea Constand yet, we can only tell you that in her statement after Bill Cosby was convicted, she said that he broke her spirit and crushed her spirit, and she never felt so alone and all of her life. The Breaking News, Bill Cosby could walk could walk out of a prison In Collinsville, pennsylvania at any moment, and we will be there life when it happens. John hopefully that helicopter still has lots of gas, because we do not know exactly when he will come out, thank you for jumping into the Breaking News, we appreciate it. Shannon we will take you there when it happens, lets get to Alex Hogan, by the way, you covered this trial, did you ever imagine this would have been today . This is a breaking shocking news that everyone is very surprised to see today including Andrew White who we heard from earlier who seemed surprised as well, of course Bill Cosby has been in jail for about three years now, set to serve the 10year sentence as we heard, he will not say that anything he did is true or has been accused of doing true. He remained set in his conversation that he said that all of these interactions were consensual. Especially with andrea cant stand. That is something that we heard during the trial and i was there where there was a sea of journalists, but there were also many parts of the room that were filled with women who were accuser saying that they finally wanted to say and see that they were in court where Bill Cosby would be there and would face time behind bars. Many of them say it was a very emotional time. They were crying during that court case, especially when the verdict came out, and i think that many of them will be very shocked and sad to see this today, we will have to wait for some of those reactions to start pouring in. But as we have seen, its just the Breaking Minutebyminute Coverage that we have of this, but during my time there, of course, we saw the two different deliberations, the first jury could not come up with a verdict, and in a hung jury, that second jury of seven men and five women, eventually they found him guilty, now to see this change today, i think a lot of people are still very, very surprised and waiting to see what Bill Cosbys reaction will be when he eventually walks out of this Collinsville Prison in the center of pennsylvania. Shannon we are waiting for that, but because you covered the trial, there has been a lot of discussion of whether he was disadvantaged legally because there were other accusers who were allowed to testify. It is a principle that happens often in courtrooms, did you connect or show a pattern of criminality by the defendant if thats what youre trying to do . Theres been some conversation that these cases were too far apart, not contemporaneous in time. But can you tell us what the impact of those other accusers was at that time in that courtroom with those jurors . The goal for the prosecution was to draw a Pattern And Show color of a lot of these accusers had very similar stories, also in covering harvey Weinsteins Trial that of course was another Highprofile Trial during the hashtag me to movement. Bring in Women Accusers who had very similar stories of what they say happened to them, and of course that is going to convince a jury of what the person is saying is not one act alone, but convince them that there is more data. There is more evidence. This is not just one a fluke accident. Or not to be One Moment In Time that mightve been misconstrued. But really showing that this Person And Defendant personality, their character, and what they might be like when the camera is off and when they are behind closed doors. Shannon alex, thank you for letting us pick your brain, im sure that we will do this throughout the day. Thank you so much. Thanks, shannon. John what you are looking out in the left side of your screen as the Phoenix Facility In Collinsville pennsylvania, about 25 miles northwest of philadelphia where Bill Cosby has been serving time for a little bit more than two years, and where he will later on today presumably walk out a free man, joining us now is the criminal defense attorney, jonathan, two parts of this for folks at home who are wondering what the heck happened. One is that cosby claims that he had an agreement from the former prosecutor named Bruce Castor to not to prosecute him if he were to testify in a civil case, and then in the other aspect of this is that there were five additional witnesses and Alex Hogan was alluded to the retrial, the second trial. They were not involved in the case itself, they were who they are to talk about previous acts that had happened over 25 years ago. It was interesting that even the dissenting judge disagreed with this idea thats the promise of nonprosecution was a valid for future prosecutors, he did agree that inviting these other victims into give statements and testimony during the trial was improper. Yes, and from listening to prior comments on the story, i think that i must be the only person who is not surprised one little bit about this conviction being overturned. I recall the second trial, i knew that the prior bad evidence by trying in several other systems was going to be legally problematic for the prosecution. It was not a violation of Due Process, and It Led to his ultimate conviction and mailed the ultimate overturning of that conviction, not surprised by this. John if they had not brought in the five witnesses, he would likely spend no time and jail. Assumed to be what would happen in the second trial with the addition of no new evidence, and if he did not have those five additional people, he could potentially have walked out of that courtroom and not spent a day in jail, at least prosecutors got him in jail for a little bit more than two years. You are exactly right, but what they got in jail was a confirmed 80yearold Man who you have to remember that the additional prior bad Actor Witnesses that they brought in in the second trial, these were witnesses with information that we are so old they could not be prosecuted, he cannot be prosecuted for it, they were solely there to pylon against Bill Cosby for the one victims that was actually part of the criminal case, Andrea Constand, so it served a purpose for the prosecution, and you knew immediately that that was going to be a bone of contention on appeal, and in this case ultimately success. John i guess you have a clash of justice served versus Due Process. Another great analogy, so what trumped it all was the issue of Due Process, imagine if you will come and take Bill Cosby out of the equation for a second and just be somebody who claims their innocence, which Bill Cosby did. He mightve given statements in the civil case that people are calling incriminating, but his defense was really this was all consensual. So imagine just being a person accused of a crime, you claim you did not commit, and maybe you did and then having to go through trials to sit in prison until you are ultimately released because of the due Process Violation, you are grateful for that. That is the basis of our constitution. So thankfully, we have that. And if that means that somebody gets out of prison because some people think he is guilty and some people think he isnt, well, so be it. That is america. Shannon this is shannon here, how much do you think the success for mr. Bill cosby has to do with his frankly his wealth, has access to a topnotch sharp legal team who is going to exhaust every avenue and keep fighting versus somebody who is an Average American who will be bankrupt and wiped out by an average legal defense . You know, i dont think it could be and all at this point, because in the country when you are indigent and you are accused of a crime, you get free counsel. And could be the council of the choosing, but what won the day was not trial counsel, what won the day for him was his appellate team, because they were able to go over all and get the supreme court in pennsylvania to look in my personal opinion was the right thing. So we dont think it is so much they are, but what played into it, the fact that everybodys mind, as a fact that you have an elderly sick individual who is if you do you think he is guilty, he is not going to go out in committee anytime, and he cant see and can barely walk. That was probably spinning in the background a little bit. But he won this case on the law. Shannon i am not a member of the pennsylvania bar, i am of the florida bar, and everything is different with their procedures and how this all works, but there is some chatter online. A very specific process for granting immunity for the prosecution, and one who is posting sections of this statute saying that it cant be graded by a prosecutor, the prosecutor has to have a court to grant immunity, and the cases of the prosecutor never asking, it sounds like with the Pennsylvania Supreme Court deciding here is the way that mr. Cosby understood it was there was an agreement in place regardless of the technicalities or formalities done correctly, he believed enough in that to give incriminating testimony to say that this was not done properly. What do you make of that . You know, yes, they are describing the prior agreement as almost a Handshake Agreement, but what clinches it for me is that if there was a Handshake Agreement for the prosecutor they are not going to prosecute him. The fact of the matter is Bill Cosby with all of his highpowered lawyers gain testimony in the civil suit that he would not have given if there were no grant of immunity. So it was a quid pro quo, the government got something out of it, the victim Andrea Constand got something out of it, and Bill Cosby was also to get something out of it, even if he thought he was innocent, it was the fact that he was not going to be formally charged and prosecuted, which is monumental, everybody got something out of it, and then a dozen years later, right before the statute of limitations expires, they decided to do this about that agreement and prosecute them, and that again brings us back to the issue of Due Process even though it was in a formal Written Agreement and may have been those rules, it was an agreement. John in the Majority Opinion, the justice wrote that trying him for a third time will put them right back where he was in the first trial with his agreement not to prosecute, would not be an appropriate remedy. It does that basically shut the door on the prosecution from trying to try him a third time . It completely shuts the door, and even if the court had not added that language, look, 83 knots well, it does not make a whole lot of sense from a Resource Standpoint let alone a due Process Standpoint to try Bill Cosby for a third time. And because of the basis of the ruling of the supreme court here, it would be a problem to allow the prosecution to bring back what to lynched for him in the second trial to bring back more of those prior bad acts participants. John still competing interest, the potential of the third times the charm versus this idea of doing the same thing over and over again and expecting a different result is the definition of insanity. So the prosecutor probably wont try, but what does this mean for his victims . 58 people came forward and said this happened to me. The majority of those people, nothing is going to happen and nothing is going to change, because a lot of those instances were too old to either civilly suit for or prosecute. This particular victim, so nothing will happen there. And what i expect to hear from Bill Cosby if he decides to speak at all, maybe he wont, maybe he will go home and off into the sunset, this is vindication for him. This is he is no longer a convicted man of anything. So this is vindication, and if he does make a statement, i think it will be along those lines. I dont expect at all that he will say to anybody coming in oh, i learned a lot in the last few years in prison and im really sorry for everything ive done to hurt anybody over the course of my years. I dont expect that. And i dont know if anybody does. John all right, thank you so much for your Alert Analysis they are, as we continue to watch, the sei Phoenix Facility northwest of philadelphia they are in collegeville, pennsylvania, we dont know when cosby could be walking out. It could be any moment or not for a while. Well stay on this and take a quick break, stay with us. One two three four five 72,807 72,808. Dollars. 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Newday lets you borrow all of your homes value. And you could take out 50,000 dollars or more. John we should point out that this is the year that Shannon Bream anxiously awaits rulings from the supreme court, and fact anxiously awaiting two coming tomorrow, but it was a different supreme court that has captured our attention this afternoon as the Pennsylvania Supreme Court vacates the conviction of convicted Sex Offender Bill Cosby who is in that prison. The Phoenix Facility northwest of pennsylvania, and shannon, this was an Announcement Today that took everybody by surprise. Saying its not a surprise let it happen, but the timing is a surprise. Bill and of course the legal team has been working around the clock on appeals and on behalf of their client, but this was one of the things i was kind of under the radar. We knew this was pending at the Pennsylvania Supreme Court, but it had no tipoff it was coming today. And the fact that it did drop like a bombshell has taken so many people by surprise. John Geraldo Rivera has join us now. I dont know if he is on the phone or we can see them. Their we can see you. What are you thinking about what happened here . I have a sense of what youre thinking, but you tell us. The timing may be a surprise, but this is what i wrote on september 262018, by most or all accounts, Bill Cosby was a Sexual Predator who left a Human Trail of misery and despair, 310 instate pen, he had it coming, still as an attorney, i predict his conviction will be overturned, judge went way over the line and allowing unrelated victims testimony. That is from september 26, 2018. So john, shannon, what they did to this guy was mob justice. First of all, the former state d. A. Promised they would not bring a criminal case against him if he testified in a civil deposition and expressed agreement with the former District Attorney, Thats Number one, number two, to bring in five unrelated victims to testify against him was so grotesquely unfair that it seemed to me that this was mob justice, john, shannon. I believe that this was a result, how is he going to get back the two years that he has lost now . This never should have happened. John at the same time you say how will he get back to the two years he has lost while being in prison . How will the 58 women who say he did to them what they say he did ever get back any sense of justice here and any sense of ever being whole again . John, you are absolutely right. The hearts go out to the victims. They should have gone to a prosecutor when their cases were ripe for justice, i am sorry they are not getting a sense of moral Fulfillment Or Rehabilitation or repair for the damage that this man probably did to them, but that is not the way that the Justice System works. Our system is an accuser evidenced by the defense and in the jury of the judge ruling on it. In this case that they brought in people that were unrelated to the victim. Why not all 50 that you say were harmed by the monster . You may be a Predator And Everything that the prosecution and the victims allege he is, but this is a system where by you must try this victim, you must try the perpetrator based on the evidence that the state has amassed and the victims testimony in this case, they embellished it in a way that was wrongful, and i tell you something else in my opinion, this will be reflected in Harvey Weinsteins appeal as well. They may be monsters, Metoo May have exacted Purchase Justice in both of those cases, but this is not the way that the criminal Justice System works. One or two supporting witnesses is what has been established in the precedent in case law, but to bring in five was so unfair, you know, the defense has repair about all five of them towards examining all five of them and contradictory evidence against all five, at some point the weight just got the defense and crushed the defense. By Bill Cosby, and tell you, you can spit on him and do all you want, but he was unjustly convicted in my opinion, john, shannon. Shannon i am always going to be a big proponent of Due Process for any and every case, because all of us are going to want it to be there as i said when we are accused of anything. It is a foundational Bedrock Part of our constitutional framework and judicial system here, but i think we also have to acknowledge you talk about the issue of statute of limitations and why they did not come forth then, in either of these cases, these men were incredibly powerful at the height of their popularity, you have to understand for a woman especially someone in upandcoming Ad Actress or nobody by Hollywood Standards is going to find it impossible to stand up against one of these men in that situation. That is the reality. No one is going to believe them, they will feel threatened. So how do we remedy that part of the situation . Yes, we need to abide by the law, i will never stray from that, but do we need to change our laws . Different statutes of limitations, what can we do . Perhaps the statutes of limitations which have been relaxed already, shannon, as you know, but the venue for seeking Redress Of Grievances must be fair and equitable. If you go to court, then you have to have evidence to support your claim, not that he has a bad person, not that he may have done this to half of hollywood either of these two monsters may have done it to everybody on the block, im not suggesting that they are good people. Im suggesting that if you have a beef or a gripe, i understand all the impediments for bringing legal action, but you can tell your shrink, you can tell your wife, you can tell your lawyer, and if you have no evidence to cooperate your case and you feel insecure about going to that venue, then sue him. Sue him in a civil court where you dont have this huge weight of preponderance of beyond a reasonable doubt, in the civil case it is preponderance of the residence. Hold the Press Conference, and tell people that it is a creep. Get the group of 50 together. And through ads, through groups, the metoo movement. Get them to help you to make sure that the monster is cobbled. But you cant bring a criminal case without evidence. Shannon very helpful for the women to come together at The End to support each other adding validity to what each of them were saying. My fear of some 19yearold girl is not going to want to hold a Press Conference against Harvey Weinstein ten, 15 years ago. But now as you said, this may reverberate with his case as well. We will have to see. John on the Lefthand Side of your screen there, there is a vehicle that the helicopter is following. The Helicopter Pilot believes that Bill Cosby is in one of those vehicles, likely the Lead One with the black roof, we should find out too, we are beginning to get our first reaction on this, Lisa Bloom who represented three Cosby Accusers says that the three Bill Cosby accusers that they represent are disgusted he is a free man today. Calling it a kick in the gut to victims and the advocates. And any other victims out there come a time to come forward, and of course recognized Andrea Constand, she was not the attorney, that was dolores, but recognizing that she was so dignified, so strong answering every demeaning question, because the Defense Attorneys at least were making her out to be a con artist. So everything that he should she went through, she saw Bill Cosby go to jail for a little more than two years, but you have to imagine what these women are thinking today seeing him go free. Bill cosby, john, as you know, stated very publicly that he was not going to admit to any wrongdoing, even if he had to serve the entire sentence, which at his age is a death sentence, basically. He was not going to admit it, he insisted he was innocent throughout, so as he rightfully broadcast and published, the anguish of victims who are disappointed here, remember also, Bill Cosby has a wife. Bill cosby did two years on a case that never shouldve been brought, legally speaking great he did two years, so that is the pound of flesh here. He paid big time. His career destroyed, his reputation ruined, he was such a big part of pride in family and black family is and all american families americas dad, you know, and what happened to him to be absolutely destroyed, you know, it was remember that there are two sides to the story. And as metoo now in the calmer period is examined objectively when you dont have the passion of the moment, when there is no longer a Mob Screaming for justice, the justice that is the same justice as the French Revolution and the guillotine, when you have that, you cant with prudence see whether this accused is the monster portrayed. It is very difficult when everything is screaming and people are united and this is the example that we have been trying to tell you for all these years, and it becomes more than justice. It becomes revenge. And now everybody has to take a Deep Breath and say, okay, what is the evidence that next time around . Is it enough that the guy gets fired . Or the woman gets blackballed, or whatever it is that happens in civil or Civic Society . But the criminal Justice System has to be sacrament. This has to be the state accuses and proves beyond a reasonable doubt, it is not the state accuses and the staking do anything they want to embellish a case even stuff that is illegal and the supreme court has clearly indicated in this, and for goodness sake, to bring a prosecution after the former d. A. Promises that you will not be prosecuted, making deals, shannon will tell you, making deals, thats what the criminal Justice System is. 90 of the cases or more are resolved by Plea Deals and so forth. In this case he has a civil death Buts Deposition that the lawyers wanted desperately for him to testify. The d. A. Promised they would not bring a criminal case, and then the next d. A. Said screw that, im not bound by the previous d. A. , and because of the passion of the moment, the passion of the moment, they went along with this illfated prosecution that i predicted in September Of 2018 would fail. Shannon you did, Geraldo Rivera, thank you for your time jumping in on this again. Majority of the court a fatal error in violation of Bill Cosbys rights and that we are starting to get more reaction and watching for some of the women who have accused, and for now, we will take a quick break. Well, well, well. Look at you. You mastered the master bath. You created your own style. And you yes, you turned a Sourdough Starter into a sourdough finisher. So when you learn your chronic Dry Eye is actually caused by reduced Tear Production due to inflammation you take it on, by talking to your eyecare professional about restasis®. Which may help you make more of your own tears with continued use twice a day, every day. 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Use your Va Benefits to turn that equity into cash while rates are near all time lows. The newday100 Va Cash out loan lets you borrow 50,000 or more for Home Improvements or just put it in the bank. The newday100 Va Cash out loan. Shannon we are continuing to follow the Breaking News, less than three hours ago getting word that the Pennsylvania Supreme Court had vacated Bill Cosbys criminal conviction, and he would get out of prison. Here we are now, we believe that he is in that car, there are reports on the ground that he is the part of the prison and is potentially in that car. We dont know where he is heading, may be home, may be elsewhere, but this is something that has given us a bit of whiplash today, the courts finding that a conversation the other with the prosecutor that appeared to be an agreement he would be prosecuted in the crux of violating his constitutional rights, and for that reason the conviction is up. John Deja Vu about following white vehicles on roadways. The house he would go to is in elkins park, pennsylvania, a 50 Minute Drive away from the president , so we can watch the white vehicle on the road for a while. The Fox News alert, report continues on President Bidens Border Crisis covering since Day One of course, illegal crossing at a 20year high last month, 180,000 in federal agents say they have in an in fentanyl seizures across the border. And a state emergency, and a Countywide Disaster across texas where grosvenor Greg Abbott is claiming to finish the job by building his own Border Wall. And former President Trump attending a briefing on the crisis in the last hour, and has been following that come alive at the border a special guest this hour, hey, griff. Thats right, john, there was a Roundtable Discussion with Governor Abbott, former President Trump, several sheriffs, and a lot of Law Enforcement authority here in texas where they discuss the Skyrocketing Figures and of course the problem of sentinel coming up, but moved to a section of the Border Wall you can see in the distance Governor Abbott, the former President Trump in the hold of the Media Event here in the distance. An uncompleted part of President Trumps wall. But part of that roundtable is our own Fox News contributor, and of course former i. C. E. Director tom, tell us what you thought about the Roundtable Discussion and what do the people need to know . I thought the Roundtable Show that President Trump was being better about the crisis them President Bidens. We talked about the data coming in what is happening on the border, which the administration is doing is mitigating the crisis. We talk about solutions, Kamala Harris went to an airconditioned bunker as it is not a crisis. Never talk to the frontline people, and President Trump came into talk about solutions and talk to the front line people, immigration people, and talk to the sheriff, complaining that the assist is not an immigration process, it is for the criminal acts riot, fentanyl overdoses, and when he opened the board are you just are not opening the irrigation, and talked about it. And back in the fight. And putting it front and center to the american people. Much of the conversation about Governor Abbott not to just build some new wall, but the Border Patrol officials, and a former federal officer being ahead of ice, and can opener a habit to make a look in the crisis against texas . Even when i was a director, local state Law Enforcement assistance is really needed. And get Governor Abbott, lets say, there is an american patriot for you. Not just protecting the taxpayers of texas, he has been down many times too, once across the border, they are in the country, so what Governor Abbott is doing not only protecting the Citizens State of texas, protecting them across the country. So yeah, a great state local land, and other states are assisting in The Endeavor, creating Task Force and detecting the human traffic organization, the child traffic organization, that were calling in this country bringing it all together in one team is going to make a difference. A lot of officials talking about the title 42 expel of migrants to protect americans from covid, if that lists, what happens here . You think this is a crisis, wait till that happens. They should not do it, if they do it coming or going to see numbers like you never have before. We have an unprecedented number of children, higher than we have ever crossed in history, once they look at the title, then your adults come. And the biden administration releasing them too, that is a plan, if he does that we might shut the border down and send the Border Patrol down, there is no enforcement anymore. Thank you very much, a final note in the last 24 hours, i have learned that there been 2,429 apprehensions, backed up with 544 . John. John thank you for the update. We will check back soon. Shannon Haus Minority whip Steve Scalise, great to have you back with us. I want to start with this. It seems that the Border Patrol problem is one that has gone on for decades coming in a matter which party is in control come the White House, the senate, nothing concrete or long term seems to get done. Anything lasting is something that is used to bludgeon each other, and the variant parties can depending on who is in control, how do we solve the problem . You can see what President Trump did to get control of the border, when he came and we were having a Border Crisis. The remaining Mexico Policy was something that was positive negotiating an agreement with the president of mexico. A lot of people thought he could not do that. Because they were having a lot of friction and we saw play out in the press. Again President Trump was able to get the agreement and it stopped a lot of the flow. In the northern triangle agreement, agreements with countries in central america were very helpful also and building The Wall was helping stop the flow, because you are allowing a Border Patrol agent to do what they wanted to do. I was down in texas not long ago along one of the worst areas of border crossings illegally, and with the Border Patrol agents telling you, when you add all of those tools in place, they were able to focus their time on stopping the drug dealers come the Drug Cartel from mexico there right now unfortunately have complete control of america southern border apprehending and stopping the fentanyl in other dangerous drugs, stopping the Human Trafficking where so many Sexual Assaults are occurring, not able to do that right now because of what a President Biden has done. I would like to see real reform to get back to the functioning of legal immigration system, President Trump wanted to do that too, Nancy Pelosi never wanted to get an agreement, and a affordable record on this, when they had complete control under president obama come they never try to fix immigration. Today they are not trying to. Opening the borders and send the message out to the world that it is not just south and central america as you know, your people from middle eastern countries on the terrorist Watch List coming across the southern border. Joe biden created the mess, Kamala Harris has been right there as part of the border czar, and helping enable the crisis, and he could stop it today, but going back to the things that President Trump put in place that worked. John one of the things that Governor Abbott will try to resurrect is complete construction of The Wall in the state of texas, we will see how far he gets in his ability to do that. Another other than immigration that will likely be a major issue for the 2022 midterm elections at the crime wave speaking across the country. A lot of democrats right now were running away from this idea of defunding the police, President Biden came out in recent days and said there is money in the american Rescue Plan to fund new police officers on the streets, and to democrats in congress are not coming forward with any legislation, what is going on there and Capitol Hill . It is very clear that democrats embrace the idea of defunding the police last summer that had been building for years on the french party, but you saw Speaker Pelosi to the top pendants coming out calling the defunding of police, just for dismantling the ability of police to do their jobs and a devastating effect. And now we see the other bad sign of that, that is out of control, and many of the cities that defunded police, all democrats run cities, and the Democrat Party can resolve this today by saying they were wrong. Just admit that they were wrong and go back to the local mayors that did this in the city councils and say refund the police at the local levels, build the Police Force back up. To to the federal government and say mop up the mess we created is not the answer, it is going and fixing the problems that they created in those cities that all of these washington democrats enabled, supported, and cheered on until the public revolted against it. Now trying to wash their hands of the Dumpster Fire they created. Spill into your. 2 there are cities that are at starting say, well, well, well, maybe we made a mistake. Going back to the city councils and local budgets saying lets put some of the money back. In a number of big cities, people coming forward and saying we want more police officers in our neighborhood. We are hearing people in the Fox News polling showing a vast majority of americans have confidence in their Police Department to that fund them properly, but to your point about this about what democrats are doing, the democrat held cities, i want to read something from the ap and give you a chance to respond, the effort to blame democrats for crime May Preview the strategy for upcoming elections and the argument ignores that the agreement for fluctuating agreements and crime rate that shows the upheaval brought by the pandemic and after the killing of George Floyd by police, how do you respond . If you look at most cities today, chicago this last weekend had almost 80 shootings in their mayor defunded police. And are they really not going to connect those dots and try to think that people dont know what is going on . People and those affected communities are the ones that are most livid saying this idea was a complete and utter failure, stop defunding the police, and instead they want to push blame to other people, everybody knows what happened, and what they did, and they want to avoid the blame because they never want to avoid the litvack admit that they were wrong. They want to blame other people. But defunding the police backfired. It was a stupid idea and they did it anyway. I know we are seeing the results in high crime and many of the cities and you see a lot of these local cities, the local prosecutors are not prosecuting a lot of these criminals. They are not prosecuting a lot of criminals who are using guns, and they want to ban guns from lawabiding citizens. So the next might be guncontrol, not against the criminals who are avoiding crimes, but against those of us who are lawabiding citizens pushing back against that too, the next step. John it does appear that some want to have a refund on the idea. Cheri bustos said defund the police is a phrase that i wish i had never been ordered. We have to do a better job of talking about what we want to do you, Michael Dukakis who lost the 88 election because he was being perceived on being soft on crime said it is not spelling the hill i am saying to myself, my god, what the hell is going on here. But for organizations that supported obamabiden in but supported trump in 2020. You have a 50 rating from that, what is that about . Ultimately groups like that are more concerned with just getting more money from the federal government. As we all know local police are funded at the local level. It was locals who defunded police. And so if they want no accountability, youre not going to find absolve meant of accountability from people like me. So i will support the Police Everything will day, and ive stood up for police when we see others criticizing. And im sure some people on the alist are people who defund the police movement, that tells you about their scorecard. John that is the case. Congressman Steve Scalise from the great state of louisiana. Thank you so much for joining us. Always great to be with you. Thanks. Shannon we are continuing to watch as we believe by many reports that kara contains Bill Cosby being released from prison within just a couple of hours of us that the supreme court had overturned his conviction. Lets bring in Alex Hogan for more details, she is the one who covered this trial among others and has updates for us. Hi, shannon. We are learning that he was released from prison just after 2 30 after spending nearly three years behind bars, part of a 10year sentence, so we can see that live video right now of that car on the highway, and does have a home right outside philadelphia and his case was in the Montgomery Courthouse just outside of the city, and the woman who is at the center of this case, Andrea Constand, we reached out to her attorneys. They so far do not have a comment. They said that they are reviewing all of this. Of course, 79 pages of documents from the court releasing the opinion. Basically overturning that decision, that put him behind bars initially for ten years after a jury of five women and seven men found him guilty back in September Of 2018. There is more reaction pouring in. We have a response from Bill Cosby on Air Wife felicia were shod from because we show writing finally a terrible wrong is being righted. A miscarriage of justice is corrected. So of course, that is reaction celebrating Bill Cosbys release. It is not quite the same message of course it for the nearly 60 women who went to that courthouse, many of them accusing him of Sexual Assault decades earlier, so their case is did not hold up in court, some of them did have the opportunity to speak, but it was beyond the statute of limitations, so they were not able to bring their message at least illegally into this case, however attorney Lisa Bloom who reacting actually was the attorney for several of those victims released a statement saying that it is appalling what money can still buy in the criminal system and appalling that basically it is a Gut Punch for all the victims, again, nearly 60 women who accused Bill Cosby of some kind of sexual harassment or Sexual Assault with in decades of when this trial happened. Of course, Andrea Constand claims stemmed from 2004, and we will still have to wait to see what she has to say if she does make any statement, and of course, to see if Bill Cosby himself will speak with who we have heard he believes that he did nothing wrong and that all of these acts were consensual and that he was not going to participate in any Sex Offender classes or involvement in prison. That was something that happened back in may. So as we are watching this there is a lot of Reaction And Highprofile Metoo Case was Harvey Weinstein some of the lawyers responding saying this is something to celebrate saying that the decision reaffirms the confidence that the application in New York will reach a similarly correct decision in Harvey Weinsteins appeal. So they basically are celebrating this as a victory for them as well. Clearly some surprising news for people who are watching this as we are continuing to get more details about what this means, but likely what we are seeing is that Bill Cosby will not be tried again. We did have a initial trial that ended in a mistrial, that second jury did find him guilty, but the unexpected news, shannon, is that we are seeing him drive home after just nearly three years behind bars. Shannon rain a big group against sexual violence speaks out on behalf of a number of sexually abused survivors says they worry about the message that this sends to rape survivors to come forward to seek justice. And now it looks like we have an important update. John we have video now of outside of the compound where Bill Cosby calls home in elkins, park. A house he bought in the early 1980s on 3 acres of property. A lot of privacy there and likely will just wheel all the way in. I would suspect we are not going to hear from him today. We may hear from his attorneys. Lets bring in Fox News correspondent at large Geraldo Rivera who definitely has two thoughts about this as he articulated earlier about the character of Bill Cosby, but then also about the letter of the law. Geraldo, some final thoughts . I just want people to know, when you have a movement like metoo, it is very, very powerful. It sweeps everything in its path. We have watched a change society. Society needed changing, the predators needed punishing. But in the zeal to correct to the historic wrong, in the individual case of Bill Cosby, i believe his constitutional rights were clearly violated. There is no way in gods green earth that you can bring in so many unrelated supporting witnesses to condemn someone in this fashion. It really stinks of arbitrary justice. This was unfair to him. He may be everything that the accuser say he is. He may be the lowest of the low. I make no claims to know anything to cooperate his good character. I heard the accusers. I was repulsed by these allegations. Still the criminal Justice System is not where you get revenge. If you want to bring a case in the criminal Justice System, you have to be timely, and b supported by the evidence. In this case, it was neither. John the supreme Court Justice as a majority agrees with you on all of those points. Even the dissenting judge agrees that bringing in the five attentional additional witnesses, the bad behavior witnesses was a error in law. He did not agree that the promise of the former prosecutor made to Bill Cosby was valid in terms of whether they are a successor would adhere to it or not. But 50 of the way he agrees with the letter on the law, geraldo. Lisa bloom to suggest that the supreme court of pennsylvania, the commonwealth of pennsylvania is in the tank for money. That money bought justice here, it is so appalling. Here is an officer of the court undermining the very system in which she plies her living. To suggest that the appellate justices were bribed, essentially, bought off, i think when does this and now . Where does enthusiasm for justice and, and this kind of individual Revengeseeking Takeover . John clearly opinions on that side will be very heated now that he is out of jail. Geraldo, always great to see you. Thank you for joining us with your thoughts. You are the legal eagle, what are you thinking about all of this . Because you handled these cases in florida. Shannon all of these wonderful experts we have had join us today and our attorneys make the exceptional point that we have to keep saying, we may not like how cases turn out, but we have to respect the foundations of how this works. We are all going to want Due Process in the moment that we needed, it is an incredibly disappointing deal for the accusers, but the court did what it thought. And technically they had to do. John as we made the point, earlier for the victims, they saw him in prison for two years in a little bit. As opposed to walking free. But now he is walking free. Shannon and if we hear from him or his legal team. Good to see you for let men today. John good martha thanks. Im Martha Maccallum in New York. We have three big tandem stories breaking right now. Looking live at President Trump, the former president of the united states and Greg Abbott. Theyre at the southern border where his commitment to securing it with a big beautiful wall helped to elect President Trump in 2016. Now as his very starkly demonstrated here, you can see where The Wall ends and where the gap begins. Hes standing on that point to make that very clear