All-Star Panel: Jury taking its time on abortion doctor verdict

Friday Lightning Round for 'Special Report' All-Star panel


This is a rush transcript from "Special Report," May 10, 2013. This copy may not be in its final form and may be updated.

CHRIS WALLACE, ANCHOR: And we're back now with our panel for the Friday Lightning Round. First subject, the Gosnell trial. And the jury has completed another week. It's now eight days of deliberations. They still have not reached a verdict. Steve, what do you make how long it is taking this jury to reach a verdict and the fact that they have had to have hours and hours of major testimony by some of the nurses who were in Gosnell's clinic reread to the jury?

STEVE HAYES, SENIOR WRITER, THE WEEKLY STANDARD: Yeah, I think it's interesting. Molly Hennenberg's report was that they may be struggling with the first-degree murder case, whether these babies were actually born alive when they were killed. And I think that it's understandable that this jury of all juries would be incredibly exhausted and incredibly emotionally and mentally spent. I read the complaint, and it made me physically ill and it made me cry. I can't imagine having sat in the courtroom for all this time and then have to sit and deliberate and try to be reasonable in a rational way what exactly happened.

WALLACE: My experience in covering trials, Chuck, is when they want reread testimony it usually means that there a difference on facts and some of the jurors may not think something, and the other jurors are trying to remind them, no, no, no, that is what this person said.

CHARLES LANE, EDITORIAL WRITER, WASHINGTON POST: I think the good news here is Mr. Gosnell, despite the horror of these allegations, is getting a very fair trial. This jury is working hard. They are not just rolling over and convicting him. And I think part of the reason may be that he is on trial for his life. The death penalty is at issue here, and juries tend to look very closely at the charges when the death penalty is at issue. There may be a couple of holdouts, and those are the people that the rest of the group is trying to persuade.

CHARLES KRAUTHAMMER, SYNDICATED COLUMNIST: I would agree. I think what's very interesting is the poll that came out, the astonishing small number of Americans who are following the trial closely. I think it's 70 percent. Surprise, the mainstream media gave it no coverage at all until Kirsten Powers shamed them into covering it. And that's why of all the stories that are out there, this is the one that is the least known. And that I think in and of itself is scandalous.

WALLACE: All right, another story that all of you wanted to hear about, that's the IRS today apologized to conservative groups. They had been claiming for some time they have been singled out for scrutiny by the IRS. A lot of people, said no, that is nuts. Turns out the IRS said yeah, if "Tea Party" or "Patriot" was in your name, we were looking. These were political advocacy groups that were looking for tax exempt status. But the IRS said that was totally improper what we did. Your reaction? 

HAYES: It was totally improper what they did. It's an incredible story. This is something that conservative groups were complaining about back in the fall. And they were derided and/or dismissed. It was as if these were tinfoil hat types. This is I think a vindication of the people who were making those arguments and certainly demands a pretty serious investigation to see whether it was, in fact, low level employees that did this or if others were suggesting that they do these kind of searches.

WALLACE: I want to pick up on that, because a member of the Tea Party Patriots said this apology from the IRS is not enough. Take a look.


JENNY BETH MARTIN, TEA PARTY PATRIOTS CO-FOUNDER: This is complete and total abuse of power by bureaucrats. And they are abusing the power that they have in the IRS. It's completely unacceptable.


WALLACE: Numbers of Republican members of Congress say there is going to be an investigation.

LANE: We have not heard the last of this.

WALLACE: Nor should we.

LANE: Look, you couldn't script this, the anti-tax group being persecuted by the tax collection agency. To be serious about it, the IRS has to be above any sort of partisan suspicion. It's like the FBI, it's like any of those enforcement agencies. And so I think the apology should have come from a little higher ranking.

WALLACE: Charles?

KRAUTHAMMER: It goes beyond apology. It is the most intrusive agency. It's the biggest abuse of power. And the defense that it wasn't a political action, choosing "Tea Party," "Patriot," is simply astonishing. Do they actually think we are nation of nine-year-olds that it was a non-political decision?

WALLACE: I know a lot of nine-year-olds that wouldn't have believed it either. Alright, we've got less than two minutes.

KRAUTHAMMER: Make it seven.

WALLACE: Winners and losers. Steve?

HAYES: My big winner is Greg Hicks. He gave incredible testimony, very moving testimony, about his many efforts to save the people on the ground in Benghazi at the last moment. And I think he acquitted himself quite well in the testimony, but more importantly he acquitted himself quite well in his service on the ground in Libya.

WALLACE: And your loser?

HAYES: My loser, President Obama, Hillary Clinton, and Jay Carney.  This is a story that we have been chasing for a long time and it's collapsing.


LANE: My winners this week are those three women who emerged into freedom after all the years in captivity.


LANE: And along with them, their neighbor Charles Ramsey who came to their rescue and made himself a media hero at the same time.

WALLACE: And your loser?

LANE: My loser -- Cheryl Mills, the chief of staff there in the State Department, an able warrior who had worked kind out of the limelight and now pops up in an unflattering in the Benghazi hearing.

WALLACE: As the person who apparently reprimanded Gregory Hicks for saying what he said. 

Charles, less than a minute.

KRAUTHAMMER: You are both wrong. The big winner of the week is Steve Hayes.


KRAUTHAMMER: Steve Hayes, the very Steve Hayes who is at this panel. He worked on the story.  He broke the story. He was considered a little bit out there. And it turned out he had the story, and it's now unraveling. It's the work really of one person. The article he wrote last week on the e-mails, if it doesn't win the National Magazine Award, the award ought to be repealed.

WALLACE: You've got 15 seconds for a loser.

KRAUTHAMMER: 15 seconds. The New York Times editorial this morning, one of the worst in the history of The Times, which is a very high bar. Says a lot. Says there is nothing here, and, by the way, there were a lot of attacks on embassies in the Bush years.

WALLACE: And all I want to say is, as for Steve Hayes, here, here.

That's it for the panel. Stay tuned to see what really happens when Secretary of State Kerry goes inside the Kremlin.

Content and Programming Copyright 2013 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2013 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.