A look at the day's top news and headlines. much time he is agreeing to serve but we know that he was facing multiple possible charges for bank fraud, tax fraud and a campaign finance violations. that is the other big question here, dana, will he as part of his deal agree to testify and we don't know that part of it yet. there's a possibility that this guilty plea has nothing to do with the mueller probe. >> dana: and forgive me for reading off of my phone but i i got an email from a source, former federal prosecutor saying, if the rumors are true and is cooperating, i don't understand how the scope of the mueller investigation has any limits. they farmed his case to their friends and that southern district of new york and suddenly he's cooperating. we don't know if he's actually cooperating. the plea deal could have nothing to do with that, maybe it's for something else we know. and they secured a lot of loans, and using 32 taxing medallions as collateral. those diamonds were earning more than a million dollars each or more in income, and whoever else was involved in the ownership of those medallions. so he gets alone and then the question is how is he using the money for the loans, did he misrepresent his assets to secure the loans and how did he report the income? that could bring in tax fraud allegations which could then lead to potential cooperation. >> dana: and as far as we know the tax medallion issue had nothing to do with the trumpet organization, that was separate and apart. >> as you know this man look for the president for a decade. >> dana: eight conversations. getting those tapes. >> bret: that was in april, and remember the progression we have seen since then how this case was passed from mueller to the southern district of new york. and now we believe there is some kind of plea deal but i think the conversation that you just had with rick is really crucial because whether he is a cooperating witness for mueller is something that we don't really know. this could be a plea deal on the charges tied to back in tax fraud. he's obviously a key figure in the trump universe, he was in an inner circle for more than a decade. he set up one point he would take a bullet for president trump, then candidate trump. i think that there is a fair amount of worry inside the trump world about where michael cohen could go and what he could say. but we at this point don't know that that's where this is heade headed. >> dana: while you were speaking, we got a note from moving quicker down the road that could be leading to some kind of report prior to the midterms by mueller. >> dana: i just saw that michael flynn's sentencing hearing has been postponed yet again, but also george papadopoulos, depending on who you ask, a pretty minor player in the trump campaign. the mueller team wants to speed up his sentencing and they are ready to go with him. so speeding up on one, slowing down on another, a possible guilty plea on something separate here with cohen. it's hard for us to read the tea leaves because we don't have the details in front of us. everyone is pushing the september 1st state as one that people feel should wrap up by then. if it's august 21st and things are moving more quickly, maybe that will happen. >> bret: the michael flynn's situation, you can read that two different ways. it's often the case that sentencing sometimes gets pushed off. there are some people in the legal community who look at that and say, it may be some new information came to light and he's cooperating more fully and they are deciding to change what they are thinking about for michael flynn, we don't know. what we do know on the papadopoulos sentencing is, in the mueller documents, he comes off as not a big figure at all. and for all the folks that thought he was wearing a wire or something like that, it just doesn't seem like he's that big of a figure. >> dana: in the meantime, we've been following the manafort trial and the jury sent a note to the judge today saying, what happens if we can't come to consensus on a single account, or on one count? what happens to the overall verdict? the judge says, go back and try to get consensus on everything. so, manafort certainly on trial and also rick gates, both had worked on a campaign at the highest level. rick gates was the star witness in that trial. >> bret: again, the manafort trial has nothing to do with his time as a campaign chairman, it has to do with his finances. interesting note today, the actual note it self said any single count, or a single count, but crossed out was the word any account, meaning the note started from the jury, if we can't reach a conclusion a verdict on count, then it said it, a single count. we don't know where this jury is going but clearly they are convicted on at least one and may be more of the 18 counts against paul manafort. >> dana: it right, it's a pretty complicated trial and you are right to point out of course that this is from his lobbying days. and then, that trial will come to conclusion we expect this week. and then, manafort has to go and be on another trial that will be in d.c. on september 17th. so he's not completely off the hook either way. >> bret: far from it. in fact, the next trial has a boatload of evidence as well and there, you could see some of the trump activity as campaign chairman factor into that trial. this one, the judge actually forbade any kind of discussion about any of that. >> dana: bret baier, thank you for being ready with breaking news, we appreciate it. peter doocy is live outside of the courthouse in alexandria, virginia. your ears might have been burning, we were just talking about you. what are you hearing about the way that note was written to the judge? >> reporter: it was edited, i talk to someone who saw the note and describe the word crossed out before the word is single. it looked like it was the word "any" so the jurors had asked if they couldn't come to a consensus on any of the charges. it's clear now that the jury's concern has not always been limited to a single account today. that means, it's also not clear if the jury already has verdicts on 17 counts and they are just held up on one, or if they can't come to consensus on even a single count. >> are they deadlocked on every count or one count of? >> we don't know. >> what do you make of the question? >> it's a good thing and this child to have a question like that. >> reporter: he said he has the authority to accept a partial verdict but it's his preference for the jury to come back with 18 unanimous verdicts. if they tell him they are not going to be able to do that, he said he would consider asking them where exactly they stand. >> dana: is not something that he would also then tell us? >> reporter: if it happens, we hours. >> dana: all right peter, thank you. more on that breaking news, we are learning more about the michael cohen plea deal including exactly when it will happen. plus a trump administration running back ray galatians on coal-fired power plants, i move industries are calling a job saver. andrew wheeler joins us live straight ahead. ♪ you shouldn't be rushed into booking a hotel. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia. add-on advantage. the first survivor of alzis out there.ase and the alzheimer's association is going to make it happen. but we won't get there without you. join the fight with the alzheimer's association. i never count the wrinkles. and i don't add up the years. but what i do count on... is staying happy and healthy. so, i add protein, vitamins and minerals to my diet with boost®. new boost® high protein nutritional drink now has 33% more high-quality protein, along with 26 essential and minerals your body needs. all with guaranteed great taste. the upside- i'm just getting started. boost® high protein be up for life there is a hearing with judge william h polly the third presiding over it, and that's when we expect it will be announced that michael cohen has reached some sort of agreement with the prosecutors in the southern district of new york who have been looking into his personal dealings more specifically with taxi medallions and loans that were is taken out. i've been told that this is a fast-moving situation and there's a lot of back-and-forth going on. i heard rumors yesterday that he was looking into some sort of plea agreement and things have been going back and forth today. we don't know what kind of plea agreement this may be whether it's a straight out guilty plea on everything that the prosecutors have been looking for, or may be some sort of modified deal, but we should have more detail on that within a couple hours of time. here's the other big thing that people have been talking about. michael cohen has been in a lengthy relationship, business relationship, attorney-client relationship with president trump and a lot of people believe that the reason why robert mueller handed this off to the southern district of new york was to try to get cohen to flip and a spilled the beans on all of his dealings with president trump. certainly we do know that cohen recorded conversation they had about a potential payment to that play by "playboy" model, karen mcdougall, which never came to pass. but what else does michael cohen know about the president that robert mueller might want to get his hands on? this whole thing about cohen being investigated and prosecuted by the southern district of new york, many people believe comes right back to the mueller investigation as a way of putting pressure on cohen to tell everything that he knows about president trump. so we will see in just a little while what the details might be. i'm sure there will be a court filing on this deal which means we will all get access to that. in the meantime we will try to get a greater level of detail before the court appearance and the court hearing starts. >> dana: all right john roberts, one last question. lanny davis has been michael cohen's lawyer. he's decided to advise his client and maybe it's in the clients best interest to take a plea deal versus someone like paul manafort who was on trial trying to fight this every step of the way. >> was interesting to me about this is that lanny davis was very talkative, and then subtly went radio silent because it was all under investigation. it's likely that the reason why davis went silent was because prosecutors said we have a wealth of information on your client, pushing him probably to strike a plea deal and when you are in the middle of negotiations for a plea deal, you don't want to be out there saying things that are potentially inflammatory, damaging or could get in the way of some sort of plea agreement. we expect people to start talking about this pretty soon. >> dana: thank you for the update. a major move by the trump administration regarding coal-fired power plants. what will it do for the environment in rural america? we will get a counter view from a formal official a former offe obama administration. ♪ welcome! hi there. so, what do you look for in a vehicle? sleek designs. performance. dependability is top on my list. well then, here's some vehicles that deliver on that. woah! wow. oh jeez! that's our truck! it's our truck! and they're our cars! that's my chevy! chevy's the only brand to earn j.d. power dependability awards across cars, trucks and suvs three years in a row. awesome. i'm proud. it's like a dynasty. it's impressive. but he has plans today. so he took aleve this morning. hey dad. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength stop tough pain for up to 12 hours with just one pill. tylenol can't do that. aleve. all day strong. all day long. now introducing aleve back and muscle pain, for up to 12 hours of pain relief with just one pill. restriction on coal-fired power plants. the environmental protection agency introducing the affordable clean energy rule which would replace a restrictive obama regulation on the existing plants and let states create their own rules over greenhouse emissions. joining me now is active epa administrator andrew wheeler. great to have you on the program. tell me how you would explain to the layperson, i know this can get very technical, what you are trying to do and how you would reassure them that this isn't about giving polluters a pass. >> andrew: first of all, dana, thanks for having me on the show today. this is a big day, the unveiling of our clean energy rule. what this role will do is set guidelines for the states and then work with utilities around the country, very different from the obama approach, where they dictate to all the states what they have to do. >> dana: so the states work together and it's all integrated but, air pollution knows no state boundaries so doesn't the epa need to oversee with the states are doing in order to protect people? >> andrew: yes, and we will be. we will show how we are going to implement this, and, we want them to make reductions that are necessary moving forward. >> dana: they say this is a rollback of president obama's very stringent regulations, but as i recall, the rule never went into place. there was a major lawsuit that went into the supreme court and has been stated, so what are you actually replacing? >> andrew: it's not a rollback but an overhaul, the obama regulations never took effect because the supreme court did take the unprecedented action of issuing the stay. what we are doing is we took a close look at the clean air act to make sure we are within the four corners of the act, we are using the laws that congress gave us and we have moved forward with this new approach which we believe is legally sound and can be implement it across the country and will provide protections for all americans, as well as lower electricity rates. and this is exactly what president trump asked us to do last year. >> dana: two of the other pieces of criticism, one in, "the new york times" article was about the increase in possible premature death due to the new policy, saying that the plan would see between 470 and 1400 premature deaths and illegally buy a 2030 because of increased rates of microscopic airborne particulates. at the obama administration would say obviously his plan was much better than that. i also wanted to ask you about climate change and the administration's position on it. human caused or not, because one of the criticisms is that, in the report that you put forward for this new proposal, climate changes even come up until page 300, was not on purpose? >> andrew: i do believe that climate change is real and of man does have an impact on climate change. we talked about this in terms of energy efficiency, and as far as "the new york times" reported, this regulation and the obama approach were both about co2 reductions. we address particulate matter and the other pollutants under other regulations and those regulations are still in effect. in fact we just released a report two or three weeks ago set showing that our quality is 73% cleaner than it was in the 1970s and all of those regulations, the guides or that 73% cleaner are still in effect and will be working into the future. >> dana: one last question for you, the laws that are currently underway with the justice department against the big energy companies that are underway, like gte in michigan, will they continue to be prosecuted under the new rule? >> andrew: there was no prosecution under the previous rule so that was under other regulations and we will continue to enforce the other regulations on the books. >> dana: andrew wheeler, your first national interview, thank you so much for being here. now let's bring in janet mccabe, senior law fellow and a former acting administrative administrator for the epa office of air and regulation. i know you feel strongly that this is the wrong move by the epa and i will give you the chance to tell us why. >> janet: thanks for having me on. this is an important day for this country and it's great to have this conversation. many people are going to be looking at this role and weighing in with the epa but it really is a significant change in direction, and it really signals if we didn't already know it that this administration is not willing to do anything meaningful under the clean air act to address carbon pollution. even though we are seeing across the country the impact of climate change, and as the acting administrator just said it, they are not denying that climate change is affecting people's lives. >> dana: what about that the obama plan never actually went into effect because of the problems with the courts and it, already i believe it's 11 states including new york, california and delaware say they will fight this new rule as well. does anything get done on reducing air pollution if everything is always being fought in the court? a >> janet: that's a frustrating thing on how policy does or doesn't get made in this country. i should point out that the supreme court stay, while it was unusual, the supreme court gave no reason for it. so if people think that was a signal that the supreme court felt like it was not lawful, that's not a correct conclusion to draw from that. the challenge to the clean power plant has been sitting with the d.c. circuit court of appeals for more than a year now, and the administration has asked them to put that on hold while they do this new rule. so i think we will see people filing challenges to this rule if and when it does get finalized. >> dana: what about the idea of natural gas? climate change if we all agree that it's a threat, and if natural gas has half the carbon of coal, could you see environmentalists getting behind some of the ideas that states want to put forward, like fracking for example, to try to provide energy for the american people at a good cost and in a way that doesn't have as much carbon emissions? >> i think natural gas has been one of the reasons emissions haven't gone down in this country, and while there are environmental concerns with fracking and using natural gas which is another fossil fuel, it is still better than when it comes to carbon then coal. so i think many acknowledge it as a reasonable bridge fuel to what we really want in this country which is clean renewable energy, which is getting more and more cost competitive. >> dana: are you uncomfortable with the idea that the trump administration would ask the states to take on more of this? traditionally i understand states would have to work cooperatively to get approvals from the epa, is that something that concerns you? >> andrew: to >> janet: there is a long tradition of states and epa working together to clean up the air. what is missing is a direct expectation from the national government about the target that states should be working towards. so states absolutely can help implement these roles at a state level. but, the proposal is giving them very little by way of direction or expectation in terms of carbon reduction, which is why the predictions for this rule are that carbon emissions would go down by about 1% compared to about 19% under the clean power plant, and there would be additional emissions of particles and ozone and causing pollutants that cause immediate health impact. >> dana: no doubt this will be in court and we will have more to talk about. thank you for being with us. storm egg former trump attorney michael cohen due in court this afternoon striking a plea deal in his fraud case. so what happens next? 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>> now suddenly it feels like it, but not at the time. mueller basically made a referral which means by definition, the cohen investigation was outside the scope of the mueller probe. if it's somebody that's going to be subjected, then what's the actual limit on the scope of team mueller if they can call their friends in manhattan and have manhattan certain, can circle back with a handout delivered cooperator. it sounds like an artificial limit, and i think it could be a while but, it could be some pretty significant litigation. >> dana: we will get the details at 4:00, there is a hearing in new york city. he's pleading guilty to this payment, regarding women that mr. trump wanted to make sure they weren't talking about anything, so who is the agreement with, the southern district of new york or mueller? >> we have a lot of guesswork at the moment, and and the person will cooperate with all law enforcement authorities. they are doing the devils work for mueller in terms of signing him up as a cooperator and it's to cooperate wherever he is called to testify. >> dana: let me ask you about the paul manafort trial. the judge set them back. he said try to work it out, there's a former prosecutor, what do you think is going on in their minds? they are trying to work it out but maybe they can't figure out the last little bit? >> it's interesting because as reported, it started off on if, we can't agree on any count, and that's a huge distinction. assuming they are just referring to one count out of 18, i think the judges very close to taking what is called a partial verdict, it will be a 17 out of 18 count verdict. that's probably in my experience, tends to bode well for the prosecution. and i think you will probably hear by the end of the day if not before then the prosecutors or perhaps judge ellis saying, we've given this jury a pretty good amount of time. maybe we will ask them one question which is up do you think further deliberations will be useful? and if the jury feels like they are hung up on the last count then we will get a verdict no later than tomorrow morning but probably this afternoon. >> dana: if they come to an agreement on a partial verdict in the judge accepts that, could he also say then, go back and see if you can get consensus on the final count, or is that the end of the trial at that point? >> when you actually take that partial verdict, that's the banging of the gong. it would be recorded as a mistrial or hung jury as to any count they didn't agree one, but the convictions or the acquittals which stand for the other 17 counts. >> dana: all right, thanks for jumping on the phone with us on a busy breaking news day, we appreciate it. the news of a michael: plea deal is breaking and president trump is taking his message to west virginia. can he convince voters to vote out joe manchin this november? i had a coach. math. ooh. so, why don't traders have coaches? who says they don't? coach mcadoo! you know, at td ameritrade, we offer free access to coaches and a full education curriculum- just to help you improve your skills. boom! mad skills. education to take your trading to the next level. only with td ameritrade. >> shepard smith on the fox news deck, we are watching several big stories right now. fox news has learned that the fixer is striking a deal with prosecutors, and also the jurors in the trial of campaign chairman paul manafort asking the judge what to do if they can't agree on one count. and we are following the private jet that was supposed to make an emergency landing in new jersey, then massachusetts and now new york state. the wrapper post malone is said to be on this flight. the play needs to burn off fuel and has been making his lips over the sky. this is long island, the long island sound, and now the jet is on its way to newburgh, new york. two stewart international airport here. it is descended to about 7,000 feet and is making its way to stewart. we believe it will land somewhat soon. the g4 took off from teterboro airport in metro new york across the river in new jersey, that was at 10:50 a.m. this morning. they realized that two tires had blown and "the washington post" is reporting that the two front tires on this g4, so an emergency landing sometime soon. lots of news coming up the top of the hour. >> dana: former trump attorney michael cohen striking a plea deal with federal prosecutors in his fraud case. he's due in court in new york city just over an hour from now. ellie honing his former special prosecutor, and you know the southern district of new york. what should we take away from this, initially, yesterday, we were talking about taxi medallions and now apparently the plea deal is more about payments made to women on behalf of mr. trump? >> the key thing is, what's the scope of this plea deal. is it a cooperator plea or a straight plea. there are two ways we do plea deals, there's a kind where you do a reduced sentence, and you don't cooperate and go your separate ways. then there's the full cooperation type plea, and it sounds like they have worked out some sort of deal and the scope has expanded from the medallions to the potential payoffs. >> dana: well, as a former prosecutor said, the mueller team referred, and they don't have anything to do with taxi medallions and all of a sudden it has to do with something for mr. trump, is that a backdoor getting to the mueller investigation? >> i think those are pretty permeable. the first time was the state cooperator, and i believe that led to the search warrant on michael cohen. but the standard provision in the southern district cooperation agreement says be advised that we may make you available to all or any federal authorities at our discretion. >> dana: so if he's making a plea in regards to payments to women, will he then be off the hook for the taxi medallion $20 million fraud case? >> no he won't be off the hook and they will account for that in one of two ways. either when it's time for sentencing the judge will inform the prosecutor, you plan to this but also know he committed these crimes, sometimes when someone has too much criminal conduct and it's too messy to get it all in one agreement. and if he's going to cooperate, this could be a starting point to cooperation, we don't know if he's already down the road of cooperation or if they are starting with the charge and then going to proffer him. if they do it that way, you might be going back into court when they have done the debriefing process and have additional content. >> dana: what could he possibly pleading to come up what could possibly be the punishment? is there no punishment all the way up to lots of punishment? >> southern district is unique in the way we do these agreements. a lot of places will say, you will plead to xyz and we will recommend a sentence of this so many years. the southern district says, you will come in it, we will spend days and weeks together in a conference room and he was haus everything you did from the time you are a teenager and shoplifted something up through the campaign at white house and it now. then you will plead to everything you did and if you are successful and you are honest, we will write a letter to the judge and tell the judge, here's all the bad and the crimes this person committed and here's all the good, all the cooperation you gave. >> dana: then the judge gets to decide? >> the southern district is unique in this respect, we do not recommend a specific sentence. sometimes a judge will turn to you at sentencing and say, what do you think is fair? >> dana: that is different. >> we usually just say you are the judge and were told you the good and the bad. >> dana: thank you for being here. president trump in west virginia as the epa rolls back coal regulations. can he help flip the blue seats to read? our panel is next. ♪ for severe illness. help prevent this! talk to your doctor or pharmacist today about getting vaccinated against whooping cough. talk to your doctor or pharmacist today our mission is to provide complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy! when you barely clip a tpassing car. minor accident - no big deal, right? wrong. your insurance company is gonna raise your rate after the other car got a scratch so small you coulda fixed it with a pen. maybe you should take that pen and use it to sign up with a different insurance company. for drivers with accident forgiveness liberty mutual won't raise their rates because of their first accident. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty ♪ meehan, president and ceo of squared communications. i had andy wheeler the acting epa administrator, and i think roback might be too strong. he said this is a replacement of the obama plan because the obama plan was never implemented because it was held up in court. now the president is going to west virginia and you can bet that today he will be talking about keeping his promise to bring back coal jobs to that state and elsewhere in the region. >> that's exactly right, you can't find a state of the union that really is president trump more than west virginia. a large part of that as you mentioned is the concentration of coal jobs that are available which was under a complete attack during the obama years. and now like regulations like the one you have just cited help spur growth and get some economic activity back in there. you have to remember that trump won west virginia by 41% in 2016, so he literally does walk on water they are. the case that he's going to be making to west virginia's is he needs a more reliable partner in the senate, he needs patrick morrissey, the republican, to help them cement a trump agenda over democrat joe manchin. >> dana: joe manchin's paul nevers have been holding up pretty well, and he likes to remind people that he does support president trump on some things keep to them. and while it might help republicans in west virginia, will it hurt republicans elsewhere, or at least help democrats and other places? >> joe manchin has been winning elections in west virginia long before donald trump became a politician and he's been swimming against the tide for a long time. the reason why, if you are in a fight if you want joe manchin in your foxhole with you and i wouldn't bet against that guy in a second. he will do what's right for west virginia and he hasn't blinked once on that entire time in senate or in the governorship. i think the senate race gets to be -- particularly energy policy is, where you stand is where you sit. he sits in west virginia and represents his constituency well. seattle, washington, is covered in smoke today and it democrats and republicans have the same position there. so it's more of a regional issue more than it is straight across the polity when it comes to energy policies. >> dana: let me read this to you from dave wasserman, he wrote in "the new york times" about the midterms. he said "it's almost mars versus venus. the senate hinges on red rural states where democrats are on defense but the house will be decided by swing suburban seats were republicans are highly vulnerable." because of the tale of two midterms, josh, and i know you care a lot about the senate but what about the problem for the house? >> i care a lot about both. i recommend anyone reading that article -- i agree with that assessment and incredibly have never seen a more divergent map in terms of republicans holding the house in the senate. you have two entirely different electorates that are determining the fate of the majorities there and in the senate, you look at things like north dakota, indiana, west virginia and missouri. a lot of states that are very rural and have a great perception of president trump versus some of the more suburban areas in which we have seen some slippage from the president in recent months. it's two very different electorates and at the senate they are looking pretty good right now. with the house, there is obviously some issues that we have seen cropped up in the elections but they have the ability to hold it, too. >> dana: we were talking about the epa new regulations that the trump administration wants to put forward which would allow the states to do a little bit more and probably help some coal companies reopen or stay open for longer than they were on the trajectory for. but when you have something like that in the red state, do you think mccaskill wants to talk about climate change in misery? or donnelly in indiana? but yes the house democrats are going to want to talk about those issues. >> again, i think the suburban parts of the country are where the house will swing and clearly the 26 seats of democrats are defending, ten of them are in states that trump carried. so part of it is sheer math, math favor the republicans when the cycle started. there are only eight republican senators up for election in places where they should overwhelmingly win then, thank you doug jones. but otherwise we are one seat away there. on the climate change stuff, it's a pocketbook issue and it matters where we are from. if you are in a place where they produce gas, it's totally fine, say texas. if not you will have issues. >> and it's a cultural issue, everyone likes to talk about climate change in places where their immediate lives are not impacted, in terms of their jobs, how they make a living, upward mobility and schools and communities. if you go to places where you produce energy -- >> dana: it also depends on if you are in a place where you want to do more fracking. i've got to wrap, thank you. we will be right back. do you know how to use those? 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