This is a rush transcript from "The Story," June 12, 2019. This copy may not be in its final form and may be updated.

MARTHA MACCALLUM, HOST: Looking forward to it. We'll see you there, Bret. Thanks a lot.

All right. So, President Trump on camera today surrounded by the media for much of the day. Today though, he didn't attack Joe Biden, not once. It seems perhaps that he does not have to because some of those closest to Biden appear to be doing it for him.

Good evening, everybody. I'm Martha MacCallum, and “The Story” tonight, a new question that is increasingly front and center as we investigate tonight. Why does team Obama not want Joe Biden to be president? It is tough to ignore the red flags on this. Just look at what they are saying or not saying in the case of President Obama is not endorsed his self- described brother and V.P. of eight years.

Now, look at this. Obama's top deputy and close friend, David Axelrod said this. "After his last shambling week, the new question is, 'Can Biden hang on?". He goes on to remind readers that Biden has twice failed to survive Iowa. He says his schedule right now is to light. And Axelrod points out the flip-flop on the Hyde Amendment, and the initial excuse that he misheard a question about it. He says it's not a good look where Biden's age is concerned.

And he points out that Biden's attempt to make it clear that he and former President Obama are best buddies has seen here in this tweet by the Biden campaign. Axelrod responded to this. "This is a joke, right?"

As not just David Axelrod and the now silent former President Obama on this. Former Obama White House communications director Jen Psaki said this.


JEN PSAKI, FORMER WHITE HOUSE COMMUNICATIONS DIRECTOR: He's rusty and out of touch and out of sync with the electorate.


MACCALLUM: All right. So, that's just two people. But then you've got this. Obama veterans message Joe Biden's pledged to work with the GOP they say is delusional. A recent New York Times piece talked about how there is deep affection between the former president and the vice president.

But notes that former top officials have unkind things to say. Ben Rhodes saying that in The Situation Room back then, Biden was "something of an unguided missile".

Then you've got Robert Gates, the then defense secretary saying that "Biden was wrong on every foreign policy and national security issue for four decades." That's from his book and quoted in The New York Times piece.

So, Biden is the clear front-runner right now which raises the question what's going on here? My panel members tonight have all served President Obama or his administration in some form.

Laurie Watkins was President Obama's deputy political director in Florida. Robin Biro is a former Obama campaign regional director. And Marie Harf was a State Department spokesperson in the Obama administration. Welcome to all of you. Good to have you here.



MACCALLUM: You know it's curious and we should point out that -- you know, not endorsing is not that unusual at this stage of the game from President Obama. However, you know, the very -- I don't know that these other people would be so outspoken on this issue if President Obama felt -- you know, much differently than they do.

Laurie, let me start with you. What do you think?

WATKINS: So, one thing I can say working for President Obama in his administration on both of his campaigns is that we the team itself whether on the campaign or in the administration were extremely disciplined. What I am not quite seeing out of the Biden campaign yet is discipline.

I will agree with David Axelrod that his campaign schedule is too light. I understand he's had some family commitments that were important. But you get right back on the road and you get out there, and you got to do what you got to do, which is engaging and meeting with voters.

MACCALLUM: Robin, what do you think? I mean, what do you think about the assessment that there seems to be a lot of negativity coming from a lot of these former Obama players?

ROBIN BIRO, FORMER CAMPAIGN REGIONAL FIELD DIRECTOR OF BARACK OBAMA: You know, honestly, Martha, I'm not all that surprised. We've got a huge field of candidates right now. And they're all really struggling to at least, get their messages out there and heard.

Many of us are just wanted to get to the debates before we make up our minds. I served, of course, on the camp, on the Obama-Biden campaign. And I myself haven't made up my mind. Joe Biden was lovely to me and my family several times. But he's not just going to walk right into this. He has to fight and each -- earn each and every single vote, Martha. And he's just not there.

MACCALLUM: I mean, you know, the same thing to you, Marie, where is the confidence in this person who was side by side with President Obama for eight years?

HARF: Yes, it's interesting. All of us who worked on those Obama-Biden campaigns as all of us did have a lot of affection for him, and a lot of respect for him. But we also have to remember that the last campaign they ran together was eight years ago.

And I've been traveling this country over the past month talking to voters. I'm now working for another presidential candidate Seth Moulton. And as we talk to voters what I'm hearing from Democrats is that they are ready for the next generation of leaders to step up. They want to look forward, not back. They are looking for those new leaders, and I think that explains a lot of what you're hearing from people. They're ready for that next generation to really take the mantle of the party.

MACCALLUM: Yes, you know, Laurie, I guess one of the questions is if all of these people who were so close to the administration and worked in it as you all did, who do you -- who do you like better than Joe Biden, Laurie?

WATKINS: Well, there's a tremendous field of female candidates out there that are just kicking, but Elizabeth Warren is increasing in the polls every single week. She's giving Bernie Sanders a run for his money.

I also have enjoyed seeing what Senator Kamala Harris has to say. She came out with an education plan today to help increase centers for teachers and teacher pay. So, you'll see more and more of these candidates coming out with policies and plans.


WATKINS: And as a former policy director, I think senator -- Vice President Biden, he really needs to go out there. And if you're going to attach your name to President Barack Obama, talk about all of the amazing, wonderful things that helped Americans, talk about those policies. I haven't heard about, you know, hardly any of the good things that we did without just attaching his name.

MACCALLUM: Well, you know, I'm curious. Do you all think that -- do you think that Joe Biden will last? Do you think that -- you know, David Axelrod suggested that he could spin out?

Do you think, Robin -- let me -- let me go around the horn here, Laurie, do you think that he goes the distance here?

BIRO: Yes. I want to jump in. I thought honestly --


WATKINS: I think that he --

MACCALLUM: All right, Robin, jump in. Then, we're going to go. Go ahead. Quickly, Robin.

BIRO: I thought honestly that his campaign would die of attrition that his best day would be his first. You saw, of course, an eight -- an eight- point bump after he announced which surprised me. But I still think that it's -- that he stands at risk of dying by attrition.

MACCALLUM: What do you think? (INAUDIBLE) then we go to back to you, Laurie.

WATKINS: So, I think that -- you know, we had a strong start but you build off that momentum. You don't take -- you know an easy -- you know, road and feel like you're too comfortable that you have it locked up. Clearly, that is not the case. He needs to get out there and engage with voters as soon as humanly possible.

MACCALLUM: Very interesting. I'm hearing a lot of criticism for this candidate. Marie, well, I mean, in his way ahead in the -- in the head-to- head matchup right now, which, you know, we all know is a long way off.

But Biden is doing quite well right now and you guys you seem to be very unhappy with your leader.

HARF: Well, I think it's worth remembering, Martha that voters don't go to the polls to start picking our nominee until February. That's nine months from today.

MACCALLUM: Absolutely.

HARF: At this point, in 2016, Donald Trump wasn't even in the race yet. So, these polls honestly a lot of its name I.D., they don't mean a ton when it comes to who's going to be ahead in February. And I'm actually very proud that we have a very diverse group of candidates running alongside the person I'm working for. But leaders of our party like Joe Biden and others.

But there's a lot of months between now and February, and I do think a lot of candidates are in it for the long haul.

MACCALLUM: Yes, you know -- but, Marie, can you answer the question, do you think that ultimately Joe Biden will be the candidate -- will be the nominee?

HARF: Well, I'm working for another candidate.

MACCALLUM: That's true.

HARF: So, candidly, I probably think that my boss is going to be the nominee. But I think Joe Biden is certainly a competitive candidate to be our nominee, and certainly is in that top group of people. And I think he'll be in, in for quite a long time.

MACCALLUM: But, you know, it was why -- since you brought it up, Seth Moulton may not even -- may not even make it to the debate given where he is right now. What do you think about that Marie?

HARF: Well, Seth's knew getting into this race pretty late in the game that he probably wouldn't make the first debate. But I think what he's also realized and what I've realized talking to voters over this past month is that these DNC debate metrics aren't what's going to decide the nominee, it's actually, voters on the ground.

And between now and next February, so much can happen in politics.


HARF: And what Seth is focused on is talking to voters. We've been traveling all the early states. He's getting a great reception on the ground. That matters more to our campaign.


MACCALLUM: Well, it's going to be -- it's going to be tough to break through if you're not getting into those debates. So, we'll see what happens. Here is the president on the poll numbers which we all agree are a long way out. But he doesn't believe what he's seeing with Joe Biden out way ahead right now. Watch this.


DONALD TRUMP, PRESIDENT: I know because we have great internal polling. They were fake polls that will release by somebody that is -- it's ridiculous. No, we are winning in every single state that we polled. We're winning in Texas very big, we're winning in Ohio very big, we're winning in Florida very big. We do very little polling because I'm not a huge believer in polling. I think you go out there and you fight, and you don't really need polls, you have to -- you need ideas.


MACCALLUM: Laurie, what do you think?

WATKINS: So, your show -- everybody, all of the commentators, we come on here and talk about polls every single day. So, it's funny that the president doesn't, you know, go by polls. I think that's absurd. I know he goes by polls.

But, I think go back -- going back to Joe Biden, I think that he needs to start operating on all four cylinders and really, you know, ramp up this campaign along with all of the other candidates as well.

MACCALLUM: All right.

WATKINS: Start talking about the policies and engage with voters.

MACCALLUM: I hear you. I hear you all. Thank you very much. Great having you with us and we'll see where it goes. Thank you all.

HARF: Thanks, Martha.

WATKINS: Thanks.

MACCALLUM: Coming up next, it is a busy day on the Hill today. Don Jr. on the Senate side behind closed doors.


DONALD TRUMP JUNIOR, ELDEST SON OF PRESIDENT DONALD TRUMP: I don't think I changed anything of what I said because there was nothing to change.

UNIDENTIFIED FEMALE: Are you worried about perjury?

TRUMP JUNIOR: Not at all.


MACCALLUM: A confident Don Jr. today on the Hill. And House Republicans calling Fox contributor Andy McCarthy to get answers on what he has called deep state ties that led to the Russia probe.

Fascinating information coming from him today. Congressman John Ratcliffe was inside that hearing room. And he is here next.


MACCALLUM: A lot of activity in hearing rooms today. The House Oversight Committee voted to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in contempt for failing to comply with subpoenas related to a citizenship question on the 2020 Census and an announcement that Hope Hicks will appear before the House Judiciary Committee to answer their questions from Chairman Nadler and others. So -- no date yet on when that will happen.

Also, today as we showed you a moment ago, Donald Trump Jr. was back on the Hill answering questions the Senate side. So a lot of cooperation it appears in some respects in terms of what they have been pushing for. Then you have a separate hearing on the Mueller report today. House Republicans on the Intel Committee drilling for answers on the origins of all of this Russia probe.

A lot percolating on that front, surveillance of the Trump campaign, how did all that work? So then you had Chairman Schiff and Representative Nunes in that hearing kind of at odds.


REP. ADAM SCHIFF, D-CALIF.: Volume one of the report outlines a sweeping and systemic effort by Russia to interfere in the 2016 election for the benefit of Donald Trump. It establishes that the Trump campaign welcomed the Russian interference because it expected to benefit electorally from information stolen and released through the Russian effort.

REP. DEVIN NUNES, D-CALIF.: One would think the Democrats would simply apologize and get back to lawmaking an oversight but it's clear they couldn't stop this grotesque spectacle even if they wanted to.


MACCALLUM: So there you have it. Here now Republican Congressman John Ratcliffe, a member of the House Intelligence Committee. Good to see you, Congressman Radcliffe. Thank you for being here tonight.

REP. JOHN RATCLIFFE, R-TX: Good to be here, Martha. Thanks for having me.

MACCALLUM: You know, one of the people that you spoke to today was Andy McCarthy, and then you had a couple of former FBI officials who were also in the room talking a little bit about how substantive the Steele dossier was and whether or not it should have been used to get to these FISA releases. What did you learn there?

RATCLIFFE: Well, Andy did a terrific job outlining a lot of the questions that go to the origins of this and why the Obama administration used an uncorroborated, unverified dossier that was commissioned and paid for by Hillary Clinton and the Democratic Party for a verified application. And frankly, there is no good answer for that.

It's one of many questions that go to the actions that were taken by the Obama Justice Department and the FBI that were far out of line with what the Department of Justice and the FBI typically does in counterintelligence investigations and FISA applications.

MACCALLUM: Yes. We know that the DOJ is looking into this through John Durham who is -- has been assigned to investigate all the origins of this. And we know that that Bill Barr, the Attorney General, got a lot of heat for saying that he thought that spying did occur during the course of the beginnings of looking into the Trump campaign.

And we're going to start to get you know some more testimony and more information with regards to that as he continues to dig in. And we're learning tonight that the DOJ will talk to top senior CIA officials about that, also top counterterrorism officials. Is that you know, sort of a productive next step in your mind and what do you want to know from them?

RATCLIFFE: I think it is a productive step. I haven't seen the story but it's consistent with what I would have expected. There's been so much focus on the FBI and the Department of Justice, Martha. But a lot of the questions that relate to the origins of this go to the CIA. It was Alexander Downer who was John Brennan's CIA counterpart at one point in time for Australia that supposedly had this random conversation with George Papadopoulos that served as the predicate.

There's a lot that Attorney General Barr I think has said doesn't jive with respect to that and that's why John Durham is looking at the issues that the Democrats aren't willing to look at. You know, it's funny Martha. We all waited two years for Bob Mueller to come out and say very clearly no collusion, no conspiracy by Donald Trump, but you wouldn't have known that in the hearing today.

The Democrats repeatedly said there was collusion, there was conspiracy, but somehow Bob Mueller and his team of nearly 60 FBI investigators and FBI agents somehow just missed it. Well, you know, one of the interesting things to me is that Horowitz's report can't really look at people who used to work at these agencies. It's an Inspector General report of current people at the intelligence agencies.

But John Dunham -- John Durham could -- he can and his investigation will be talking to them so you got to wonder what's going through the minds of some of the people that you just mentioned like John Brennan for example.

I want to play something for you that just came in this evening. This is an interview that ABC's George Stephanopoulos did with President Trump in the Oval Office talking about whether or not candidates should listen to foreign governments who are volunteering information about the opponents. Let's listen to this and get your reaction.


GEORGE STEPHANOPOULOS, CHIEF POLITICAL CORRESPONDENT, ABC NEWS: -- campaign this time around. If foreigners, if Russia, if China if someone else offers you information an opponent, should they accept it or should they call the FBI?

TRUMP: I think maybe you do both. I think you might want to listen. I don't -- there's nothing wrong with listening. If somebody called from a country, Norway, we have information on your opponent. Oh I think I'd want to hear it.


MACCALLUM: It's getting you know, a lot of response from that in a lot of places. What's your response to that? Is it OK for a president to listen to that information from another country?

RATCLIFFE: Well, I think any candidate that gets information from another country about their opponent should talk to the FBI. That's certainly what I would do. And I wish in this case that's exactly what had been done. But none of that really does anything to undermine the real questions about whether or not in this instance the FBI should have opened a counterintelligence investigation based on a single unvetted source that came in.

The extraordinary part about all of this, Martha, is the counterintelligence investigation of a presidential campaign by our own law enforcement, that's where the questions need to be asked and answered.

MACCALLUM: Well, we're looking forward to that part of the equation as well. Congressman John Ratcliffe, always good to see you, sir. Thank you.

RATCLIFFE: You bet. Thanks, Martha.

MACCALLUM: Coming up, 9/11 first responders here tonight to speak out after this big moment.


JON STEWART, COMEDIAN: Sick and dying, they brought themselves down here to speak to no one. It's shameful.




STEWART: There is not a person here, there is not an empty chair on that stage that didn't tweet out never forget the heroes of 9/11, never forget their bravery, never forget what they did, what they gave to this country. Well, here they are.


MACCALLUM: Very powerful moment on the Hill yesterday. The 9/11 Victims Compensation Fund bill passing in a House committee today one day after that testimony from Jon Stewart. The bill will provide funding to those who became ill after responding to 9/11 and it will go through the year 2090.

It now heads to the House floor. It is expected to pass as they just pointed out to me. There's more signatories on the bill than they need to get it to pass. Then it is expected to go on to the Senate and expect it to pass there as well hopefully by the 4th of July.

My next guests are three first responders who were at the hearing where Jon Stewart spoke. Frank Licata is an FDNY firefighter, his father also responded on 9/11. Bobby Eustace is FDNY Firefighters Association Spokesperson, and Patrick Hefferan recently retired from the FDNY. Patrick, did you have you suffered from your exposure down there?

PATRICK HEFFERAN, RETIRED FIREFIGHTER, FDNY: Yes, a little bit. I got emphysema scarring on my lungs and I had some spots on my lungs.

MACCALLUM: How many -- and you all know people personally who -- your father, what would happen to him?

FRANK LICATA, FIREFIGHTER, FDNY: Well, my father actually he's a first responder. And he worked in lower Manhattan and he was diagnosed with first appendiceal cancer in 2010, and then peritoneal cancer in 2014, lung cancer in both lungs in 2015, and then colon cancer in 2017. So this has been going on for eight years.

MACCALLUM: I'm sorry. He's suffering greatly. I want to read this from Dr. Michael Crane. The World Trade Center Health Program told Newsweek back in 2016. What we do know is that it had all kinds of god-awful things in it. He's talking about the powder and the debris that came down. He said burning jet fuel, plastics, metal, fiberglass, asbestos, it was thick terrible stuff and the fire burned for 100 days and the damage that it did was extensive.

Bobby, were you surprised that some members of Congress were not in the room paying attention yesterday?

BOBBY EUSTACE, FDNY FIREFIGHTERS ASSOCIATION: We were a little surprised by the lack of the turnout but surprised but not surprised. Unfortunately, this is several rounds that we've done this. It started with the health care and the compensation and it was only you know, signed for a limited amount of time. And this is going to be the third round for the VFC fund.

So, unfortunately, we've had to do this multiple times. There's been excuses laid out multiple times and it's unfortunate. You know, yesterday, you know, we were able to -- along the UFA, along with the uniformed UFOA which is the Officers Union was able to get a bus of first responders to go down there to send a message.

It's unfortunate that we have to keep as Jon Stewart echoed, keep dragging guys out in their uniforms for the pomp and circumstance to embarrass people for lack of a better term.

MACCALLUM: Patrick, do you think that he would have gotten where you got yesterday if it weren't for Jon Stewart speaking out?

HEFFERAN: No, I think we would have gotten there anyway, you know. But I think he did a great job.

MACCALLUM: Yes. 8,800 cancer claimants deemed eligible for 9/11 victim compensation. You know, Frank, let me give you the last word on this. What do you say to those who have pushed back on the bill at times because they say that they want to make sure there's no waste or fraud or abuse in the program.

LICATA: Well, they already talked about that yesterday that there has been no fraud found. Watching what my father had to go through, I just finally convinced him to sign up for the VFC. He never felt like he should have been a part of it because he always felt as me being a first responder was for me, the hoops that he had to jump through, and deservedly so to verify everything that he's gone through.

So I think you know, people worrying about fraud is you know misleading because it's so difficult. You would have to have so many moving parts involved to make fraudulent claims and then the other thing that we heard unfortunately yesterday was, you know, the dollar amount.

You know, that we have 22 trillion-dollar deficit at this time and going forward, you know, who pays for it and how will they pay for it and you know, all I can simply say is, you know, is this where we want to plant the flag of fiscal constraint? Do we want to plant it in the hill of the Victim's Compensation Fund? You know people didn't get right information so the government does have some culpability going forward.

MACCALLUM: That is true.

Gentlemen, thank you very much. Good to have you here today. And thank you for your service to New York and to all of the people after 9/11. It was an awful, awful moment for all of us. I think that people who live here and people who live in Washington probably get it a little bit more than people who live across the country.

LICATA: Absolutely.

MACCALLUM: Not true of everyone but maybe in a special way. We have got to go.

LICATA: Absolutely.

MACCALLUM: Thank you very much, gentlemen.

HEFFERAN (ph): Thank you. Thank you very much, Martha.

MACCALLUM: Thank you. A pleasure to see you. Coming up, Paula Bohovesky was just 16 years old when she was walking home from the library. She was a block from home when a blunt object hit her in the back of the head and two men murdered her in cold blood.

The medical examiner called it the most brutal attack she had ever seen. Now one of the convicted killers about to be a free man and the other one might be right behind him. “The Story” investigates this next.


PETER MODAFFERI, RETIRED DETECTIVE: They saw Paula walking down the street. What caught the eye was their long blonde hair. LaBarbera goes up close she is unconscious and attempts to sexually assault her. According to LaBarbera, she made some type of noise and he took out his knife and stabbed her repeatedly.



MACCALLUM: Nearly four decades ago, high school honor student Paula Bohovesky was brutally murdered. She was walking home from the local library in the evening in quiet Pearl River, New York. She was beaten, she was raped. And then she was stabbed blocks away from her own home where she was headed.

Now, one of the men convicted of this crime is about to walk free and tonight there is growing pressure on New York's Democratic Governor Andrew Cuomo to take action to make sure that he and the other man involved stay behind bars.

The Fox News investigative unit and correspondent Bryan Llenas has “The Story.”


UNIDENTIFIED MALE: Medical examiners say he had never seen so brutal an attack.

UNIDENTIFIED MALE: I have seen animals killed more humanely than this child was.

UNIDENTIFIED MALE: Her fate was getting skull crushed with a piece of concrete and being stabbed.


BRYAN LLENAS, CORRESPONDENT: Just after 7 p.m. on October 28th, 1980, 16-year-old Paula Bohovesky was raped and murdered in an attack so heinous it stunned law enforcement changing the quiet town of Pearl River, New York forever.

Paula, an honor student, artist and aspiring actress left her part-time job at the local library and set out to walk the four blocks to her parents' home. She never made it. Two men followed Paula. Twenty-year-old Robert McCain and 28-year-old Richard LaBarbera who was on parole for a drug conviction at the time.


UNIDENTIFIED MALE: Paula was walking down the street. What caught their eye was her long blonde hair.


LLENAS: Both men had been drinking at nearby bar. Just yards away from a police substation when McCain, a drifter from Arkansas struck Paula on the right side of her head with a six-pound piece of concrete.


MODAFFERI: Paula stumbles into the stonewall the column and goes back that way. McCain is in pursuit of her and LaBarbera is here watching the whole thing.


LLENAS: McCain then punches her repeatedly, rendering her unconscious before sexually assaulting her. When McCain fled the scene, LaBarbera moved in.


MODAFFERI: LaBarbera goes up close she is unconscious and attempts to sexually assault her. According to LaBarbera she made some type of noise and he took out his knife and stabbed her repeatedly.


LLENAS: The two were convicted in 1981 of second-degree murder and sentenced to 25 years to life in prison. The toughest sentence at that time. Now, almost four decades later, a New York parole board granted LaBarbera parole in May. He is expected to be released in July. McCain goes before that same parole board this week. Paula's mother, Lois Bohovesky.


LOIS BOHOVESKY, PAULA BOHOVESKY'S MOTHER: Neither one of them have expressed any remorse and neither one of them have taken responsibility. And McCain, particularly, keeps yelling that she was not raped. Well the medical examiner said she was.


LLENAS: Calls are now growing for Governor Andrew Cuomo to intervene.


BOHOVESKY: If the governor can do anything, please for God sake keep them in there.


LLENAS: Arthur Aldridge, editor in chief of Pearl River's Our Town newspaper has been covering the murder since day one.


UNIDENTIFIED MALE: It was a classic story of good versus evil. And those stories transcend time. I think it would be a mockery if they were out walking the streets. Walking the same streets that she walked. As free people.

JOHN MURPHY, FOUNDER, PETITION FOR PAULA: She was almost like she floated not walked. It could not have happened to a more beloved child.

BOHOVESKY: We would be getting ready in the morning and both looking in the mirror and she would reach over and say you are soft and I would say you are softer. But for a long time, I looked in that mirror and I would see her.


LLENAS: Paula's father, before he died, described the enormity of the loss of his only daughter in a victim's statement.


BOHOVESKY: Many generations will have to pass to bring another like Paula. She was modest and generous and a friend to the friendless. Paula should have lived to be a mother. She should have lived to be a grandmother. I have lost her and her splendid progeny.


MACCALLUM: Boy, that is quite a story. And here now New York City Police Department veteran detective Rockland County executive, Ed Day. Ed, you remember all of this playing out. How is it possible, given what we just saw --


MACCALLUM: -- that these two men are free or can be free in the coming weeks?

DAY: This should not be possible. What we have now is a parole system for some reason has altered its mission. It is gone from a board that is supposed to be a purveyor of justice to a perversion of justice.

I -- murder is a crime of permanency. You just heard one of the most brutal murders I have ever been involved and involved in my years in two different police departments.

This young lady was brutally beaten and the last part that was missing was when LaBarbera went up to assault her after she was raped and beaten by McCain. She moved and he stabbed her repeatedly.

These people should not see the light of day. And we have to understand something. This has been becoming the standard fare when it comes to the parole board. We have had cop killers the attack and murderers of those who guard our society.

Herman Bell killed two New York City police officers Joseph A. Piagentini and Waverly Jones and also a sergeant in California. We have had two. We had Kathy Boudin and Judith Clark released on parole. That was bad enough for the Rockland community, now we have this and possibly a second one.

There seems to be something going on where there is some direction being given that as people get older, we want to get them out of the jail system. Well, LaBarbera is 66. McCain is 56. I'm 67. And I would say I'm feeling pretty good for my age.

These people should not be out of jail especially given the fact they have never shown remorse. They have never done but this and point finger at each other. They won't even take any culpability from their own action. It's just wrong.

MACCALLUM: I want to read a statement from the former Governor George Pataki who is speaking out about this. He would like to see action from the current governor, Governor Cuomo.

He writes "Granting people like Richard LaBarbera for the brutal murder of this young girl parole is an outrage. It is a gross injustice to her family and all New Yorkers. Governor Cuomo should urge the parole board to reverse this horrible decision. Having a vicious murderer like this who has shown no remorse out on the street should never happen in New York State. This decision should be reversed."

What is Governor Cuomo's office basically has put out a statement saying that they go through the process and that you know, that they basically, you know, stick by the law and they do things according to the way that they should be done. What do you say to Governor Cuomo?

DAY: What I would say to governor is you better look at your parole board again. This is absolute abomination. What I'm demanding, what I'm asking of the governor, forget to many, what I'm asking of the governor, he is the father of three girls. Think about what happened to this young girl. Give it some thought, let it sink in as her closing moments of her life how she died.

And the people who did it are being released, why? They have never confessed. They have never shown remorse. They have done nothing other than sit in jail and now they're being let free. And LaBarbera is a Pearl River resident. He may come back into that community.

MACCALLUM: Can you imagine if one of these family members have to run into him --

DAY: Exactly.

MACCALLUM: -- on the street.

DAY: Exactly. And again, the governor, I've heard the governor he said he made a statement that he cannot -- he cannot reverse his decision. The governor is a hard charger, OK? He gets things done. I have no doubt the governor properly motivated can certainly tell 10 of the 12 of those members who are appointees on that parole board to revisit this immediately. This cannot stand. There is no other way I can describe this.

MACCALLUM: Well, our thanks to our investigative unit for telling THE STORY and we hope that Governor Cuomo will see and it at least get an opportunity to re-think and to perhaps ask this parole board to revisit these really dramatic decisions. Thank you very much for joining us tonight.

DAY: And I want thank you and your team for doing such a great job with this.

MACCALLUM: Absolutely. They did an excellent job. Thank you, sir. Good to see you tonight.

So, coming up, Wednesday with Watters is back after a nearly one-month hiatus. What has he been doing? Well, he is coming up right after this.


MACCALLUM: So, this is very interesting. A jury in Ohio has ordered Oberlin College to pay $11 million to a local baker near their school after the bakery sued claiming that it was wrongfully accused of racially profiling students.

In moments, Jesse Watters, but first, Trace Gallagher brings us the back story tonight. Hi, Trace.

TRACE GALLAGHER, CORRESPONDENT: Hi, Martha. At the end of the punitive phase of this trial which is underway right now, Oberlin College might have to pay Gibson's bakery an additional $22 million. And this might all have been avoided if the college had simply acknowledged and then notified its students that there was no racism.

Remember, this goes back to 2016 when three black Oberlin students went in to Gibson's bakery to buy wine with a fake I.D. When they got turned down, they stole the wine. And when the son of the bakery's owner confronted them the students knocked him down and beat him up.

Initially, the students claimed they were racially profiled but later admitted yes, they did steal the wine and no, there was no racism. A police investigation also found that allegations of racism were baseless.

But, instead of apologizing, Oberlin College which has long been a bastion of liberal activism declared war on Gibson's including boycotts and allowing students to skip class to attend the protests like this.


UNIDENTIFIED FEMALE: We are out here today because yesterday three students from the Africana community were assaulted and arrested as a result of a history of racial profiling and racial discrimination by Gibson's.


GALLAGHER: Except the jury found it was the college that propagated the claims of racism, even passing out fliers that said, quoting, "Racist establishment with a long account of racial profiling and discrimination."

And when the college stopped doing business with Gibson's it ended a 100- year relationship and nearly bankrupted the bakery. The college tried to argue that all of their statements cited by the bakery were protected speech.

As you noted, the jury did not buy it. Martha.

MACCALLUM: What a story. Trace, thank you very much. Here now, Wednesdays with Watters. Jesse Watters, co-host of The Five and host of Watters World. Jesse, you know, this is incredible. You know, just watching that young woman with the mega phone and you think about the fact that the facts matter. You can't just glom on to a story and make it what you want it to be to perpetuate some idea that is absolutely untrue.

JESSE WATTERS, ANCHOR: Yes. It was a big victory for the truth. It reminds me the Covington lawsuit --


WATTERS: -- that they slapped against the media companies. Sometimes the only way to win is to hit people in the pocketbook. And that's what they are doing here.

Fake allegation is more powerful than the truth a lot of the times. And especially a racial allegation. They are so damaging to someone and the left is quick to play the race card and they will pounce.

And now people are changing their behavior because they don't want to be accused of racism. How about the next owner of another bakery and there is stealing going on and they don't want to be accused of profiling so they do nothing. What sense does that make?

Some police departments are now pulling back from tough enforcement in certain neighborhoods.


WATTERS: They don't want to be accuse much of police brutality, same thing with Me Too. Now male managers don't want to mentor women or be in the same room as female colleagues because they don't want false accusations. It's gotten pretty crazy.

MACCALLUM: I mean, the bottom line is that you have to understand the facts of THE STORY. As I said you can't just make it into what you would like it to be. And the fact that Oberlin is saying that their expressions in this matter were free speech is -- you know, how about stepping up --


MACCALLUM: -- and saying you know what? This is a powerful lesson for all of us in this community. This is an upstanding store that has been here for a long time. We were wrong. And we want to set the record straight. What a powerful lesson that would be for all of those students.

WATTERS: Even Duke University with the Lacrosse situation --


WATTERS: -- even they took ownership of what happened. Even the University of Virginia when that fake Rolling Stone article came out they stepped back and said you know what? We did a few things wrong here. Oberlin College really needs to own what they did.


MACCALLUM: It's unbelievable. I mean, what lesson can these students walk away with. You know, it's just like if I just keep, you know, claiming that it didn't happen or that they are wrong, it's going to turn out to be the truth. It's simply not.

WATTERS: Well, the 11 million could be 23 million.

MACCALLUM: Yes. They're getting --

WATTERS: They are just going to pass that money on to students. Their parents are going to have to pay higher tuition fees and that's a lot of dough.

MACCALLUM: Yes. Well, you know what the parents helping who are deciding and helping their children decide between Oberlin and another university, you might want to take a close look at this story and understand what they are getting into at this university if they're interested in truth.

WATTERS: That's true.

MACCALLUM: So, you know, that's up for every parent to decide. Now for something completely different, a little bit of soccer.


MACCALLUM: Thirteen to nothing. The American women had a huge victory. However, there is a lot of push back for the fact that they scored 13 goals which I spoke to my friend Brian Kilmeade about this today is unheard of. He said he thinks the highest scoring game ever is 11.


MACCALLUM: And that the rules of soccer or the understanding of the sportsmanship of soccer is that you simply don't let this happen. What do you think?

WATTERS: Well, you are rewarded for running up the score because in tie breakers they look at point differential where you are in the later round. So that's fine that they scored a lot of goals, they're better. And the fans want to see goals.

But I think they got hit for the excessive celebration. When you are up nine-nothing or 13-nothing and you're doing elaborate joint team celebrations, you know, maybe that's a little un-sportsmanlike?


MACCALLUM: So, you think that's bad. I think it's bad too.

WATTERS: You know what, I mean, it's -- listen, it's not a crime. And, you know, maybe Thailand needs to take a step back and say now we are more motivated next World Cup but, you know, in baseball you don't flip your bat when your team is up 13-nothing and you hit a home run.

MACCALLUM: Yes. No. I mean, I'm a big believer in sportsmanship. And I think the lesson is that you just sort of keep it in. You score your goals. You know, at the end go crazy.


MACCALLUM: You won, it's fantastic. The team is wonderful. These women are amazing. But I think there is a sportsmanship lesson in all of this.

WATTERS: Yes, I never brag, Martha. I'm such a great sport.

MACCALLUM: I get it. I'm sure you don't. You are so humble though in heart.

WATTERS: So humble.

MACCALLUM: Humble is where the word that comes to mind.

WATTERS: That's right. That's right.

MACCALLUM: Thank you, Jesse. Good to see you. More of THE STORY coming up next.


MACCALLUM: So, before it was history this was THE STORY on June 12th, 1987. President Ronald Reagan challenged Soviet leader Mikhail Gorbachev to tear down the wall that divided communist east Germany from the western enclave in East Berlin.

The east Germans with strong support from Moscow erected the wall to keep its people in. Serving as a dramatic back drop near the historic Brandenburg Gate. Reagan delivered that famous line to the large throng that was gathered on the western side of the wall.

Tonight's quote from President Reagan on this very day 32 years ago delivered a stark warning.


RONALD REAGAN, FORMER PRESIDENT: The totalitarian world produces backwardness because it does such violence to the spirit, thwarting the human impulse to create, to enjoy, to worship. The totalitarian world finds even symbols of love and of worship and affront.


MACCALLUM: Powerful words. That speech served as a reminder that despite Gorbachev's repeated statement calling for a new relationship with the west, the United States wanted more action and fewer words from Moscow on this in the bid to further dampen the Cold War tensions.

On November 9, 1989 the barrier came down to the delight of east and west Berliners alike. The two Germanys were officially reunited on October 3rd, 1990. Unpredictable actions and bold leadership can lead to unprecedented outcomes as we all remember from that historic event.

We will see you back here tomorrow night. But we will be in Tempe, Arizona, 6:30 start for the Town Hall with 2020, presidential candidate, Julian Castro. Bret and I will see you there. We look forward to it. Tucker Carlson coming up next.

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