don't be a nauty. the spin stops right here because we are definitely looking out for you. >> sean: tonight the country saw for the first time for the first time the man that killed 15 and injuries dozens more. he made his first court appearance. he remained silent curing the hearing. they say he will be formally charged next week and is refusing to cooperate. he is being held without bail. the district attorney talked about the case and if the death penalty was possibility. >> there is so much that victims have to take into account and victims will be impacted by this
decision and in an enormous way for years. if the death penalty is sought. that is a very long process. that impacts their lives for years. so they will want to have and we will want warrant to get their input on that. definitely a decision has to be made within 60 days of the arraign. so it is months down the line still. but we will over the course of these months talking about all the victims, developing relationships and who they can talk to and it will take time in this case. >> in the immediate hours, left wingers wasted no time to politicize this senseless tragedy. we will get into the allegations and hear from our legal panel about the likelihood they may face the death penalty. greta van susteren was in the courtroom for the hearing and she joins us live from colorado. thanks for being us. >> greta: thank you, sean.
>> sean: you are in the courtroom, first of all give us your general observation and thoughts. >> greta: it was very brief. the door opens and everyone looks to the door that leads to the lockup. a man walks out who looked very bizarre. red hair but it looked like spray-painted. it looked weird. he is dressed in jail garb. he looks guilty in a jumpsuit but he looks weird. he quickly sits down in the jury box. he doesn't go over to sit next to miss main lawyer. the jury box and next to him, is another public defender. it's peculiar he is not sitting next to his lead lawyer. they didn't want him to go close to the defense table because that is right in front of which all the friends and family are seated. they wanted to keep him far away. he is quite stoic and looked in any direction. his eyes. he looked peculiar and weird.
everybody about him looked weird but he was acting strange. why was he strange? i don't know. why was he stock i can? they said don't talk. we don't want you to send any message. sit there quietly and he took the cue from his lawyers or he is empty shell and there is not much going on. or perhaps he is medicated and something is going on inside the jail give him something to relax him. he didn't look around the courtroom. what was odder the courtroom camera because he was seated in the jury box was faced directly at him head on. had i been his lawyer i would not have agreed to let him sit there. i would want him to sit right next to me the camera would have been over his shoulder and the media wouldn't have that look.
>> sean: one he may have been medicated, maybe a sociopath doesn't understand the situation that he is in. i don't know because meticulous detail was put into the premeditation of the crime. that is not in dispute. as i watched him, he seemed sleepy. bizarre eye movements. seeming mumbling to himself, almost lost in his own mind or own head. was it apparent from where you were sitting, could you see that >> greta: let me add one other thing. it's possible it's an act. i've been in courtroom long enough. it could be that he took a cue from a lawyer or empty shell or drugged. we just don't know right now. we could certainly see, he is acting weird. i just don't know why. i know what the possibilities
are, but i don't know what it was. >> sean: you talked to other people in the town. we learned on the friday night presser with the police chief when he talked about 6,000 rounds of ammunition, they were able to take care of that booby-trapped apartment. what are the people on the ground telling you, both those that know him, ran into him, objects viagsdz? >> greta: everybody is saying they quote, seem normal. but there is a telling thing here. we're going to 5/6 man on the show a little later. he applied for a membership of a gun club. he gave his phone number. this is on june sta9sdz and the man who runs the gun club called his number and got his answering machine. he thought the guy was such a weirdo and so strange that he didn't let him join his gun club.
if a guy can listen to an answering machine, how was ee able to not weird in front of other people that said he was quite normal. usually your voicemail message is not a telling device. if he picked you it up from answering machine, he just sounded weird and creepy, enough he didn't want him in his gun club. if i were the defense lawyer, that would be one witness, if i'm going to raise an insane defense, that would be the witness i would zero in, a guy that saw very strange conduct. >> sean: we'll get into this later. i was talking to peter johnson earlier, he observed once they claim not guilty by reason of insanity the prosecutors' hands are tied in a way. >> greta: let me tell you something unusual. the colorado laws i understand a
quick first run on it. he raises insanity, if he does, proof of insanity and then the burden shifts to the state of colorado, according to what has been provided to me, shifts to the state of colorado. now, the state has to show she sane. what is important about that? back when john hinkley was tried for shooting president reagan, that was what the federal law, the burp shifted to the prosecutors. after he was found not guilty by reason of insanity they changed the federal law and burden of proving insanity is now on the defendant. it's curious, unless somebody has handed me the wrong colorado law. it mirrors the pre-john hinkley federal law in which congress quickly changed after he was found guilty by reason of insanity. >> sean: we'll get into this later. their hands are tied further.
not only is the burden of proof shifts but they can't even bring in their own experts. it's far more difficult. let me tell you the caller you referred to the owner of this gun club we now have. i want to get your observations on this in particular. >> when i called him, he didn't give me -- he didn't answer. i ended up with an answering service that had a bizarre message on it. it started me wondering about it. i called him a second time later. it was the same message that was there which starts making you wonder because you have to understand we have a shortage of range facilities. most people call me back within an hour or two, 90% of the people call me back within the first day. by the time i called the third day and i'm still listening to this whatever was on there, i'm wondering what is this and why
is he not calling. at that point in time he was flagged to be said that he does not get processed or anything else until i personally see him and talk on him. >> sean: i've been trained in the use of firearms since 11 years old. for him to say that is extraordinary just from one voicemail. >> greta: the guy must have been really weird. most people when they commit a crime, they flee. this guy, he left, i know we say alleged, i'm a lawyer, presumption of innocence but the fact is he has a lot of eyewitnesses. she found right outside standing by his car with all the weapons. it's not a who done it. he made no effort to run or flee. he sits there and defense attorney seized upon that. a person who is crazy sticks around. how do you like this wind storm we're having here.
>> sean: i guess we call it a bad hair night for you greta. >> greta: in all seriousness, i feel like is going blow over any second. >> sean: greta, thanks for being with us. >> greta: thank you. >> sean: more on the legal aspect on this. jose baez will join us but the shooter james holmes was barely read his rights when media on the left blamed their favorite scrape goat, tea party for this crime. we'll get into those developments straight ahead on hannity. [ male announcer ] when a major hospital
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>>. >> sean: now the other big story coming out of the massacre within hours of shooting those on the left in the mainstream media begin to politicize this tragedy. here are few examples. for any of the facts to come out. brian ross went on the air and alleged that the shooting suspect could be a member of the tea party. listen to this. >> i want to go to brian ross, you've been investigating the background of jim holmes and there is significant. >> there is jim holmes of aurora on the tea party as well talking about him joining the tea party last year. we don't know if this is the same jim holmes. >> sean: he was absolutely
wrong. it was a different jim holmes. they were left to apologize but too little, too late. that is the biggest donor, bill maher, instead of focusing on the tragedy he took a swipe at republicans. he tweeted, quote, right wingers love to tout american exceptionalism. today is a reminder that make an exception is bad. this is not the first time that members of tea party have been falsely blamed to incite tragedies. back in january of 2011 when gabrielle giffords was shot while meeting with her constituents people blamed the tea party movement. in particular sarah palin was blamed for the senseless tragedy because of an add put out by the action committee. jane fonda, progressive representative gabrielle
giffords was shot, sarah palin had targeted in a gunfight inciting the violence. they hold responsibility as does the violence rhetoric of the tea party. when the tragedy at ford hood happened when the shooter when he opened fire, the liberal mainstream media including barack obama kept urging the american public not to jump to conclusions. joungs me now is joe trippi, jennifer stefano. here it was, akbar during the fort hood massacre. president obama administration went throughout, this is a result of an overtaxed military. everybody understands how men in uniform are under the most severe stress. there are going to be instances with individual cracks. why in this case, there is absolutely no evidence.
within hours, again and again and again the tea party is blamed in a case where you have a real suspicion you are told not to bring it up. >> the abc report was just horrible journalism. they have screifd. >> and hijack hussein. >> i think there are two different situations. in the fort hood situation, the shooter at the time is a u.s. service member and they are not sure what akbar, because he says that, you don't treat him. you have a reasonable suspicion. >> sean: but the president refused to call it terrorist. he said it was workplace violence. >> that is what it looked like at the time. >> because he says that. >> what did they say 9/11
highjackings. >> anybody that says it. >> he followed a ideology. >> it has to do with the tea party. this is obviously such an issue of the tragedy of the victims which all of us, i speak with all the tea party was focused on like every american was, thinking about the victims as we are as mothers and fathers what was happening there. what about the affect of that kind of bias, that left wingmeds of people on the right. number one when we are demonized as mass murderers and rapists it undercuts our political voice. they think we are bunch of gun-toting monsters. >> sean: the tea party they want balanced budgets, constitutional government. limited government. less government intrusion.
that is all that is represented. time after time they are attacked, they are impugned. their character is assassinated. this seems to be a long term strategy. throw granny over the cliff. president says they want dirty air and water. it's a long time propaganda campaign against conservatives. brian ross, they didn't do it because it was tea party. they screwed up by not getting their facts straight. if brian ross had had that dnc staff they -- >> absolutely not. >> they were wrong for doing it. >> they would not. >> sean: there is never any evidence but it seems like a long term propaganda campaign to
say any conservative radical, racist on the fringe and the media adopts that narrative. >> and the people prompting it. tea partiers want to see blacks hanging from trees. the naacp came out with tea party nationalism which is gone now. nobody followed it. there was not a report of racism. they never follow it up. >> sean: you remember in the case of gabrielle giffords, do you know where targeted districts come from and the bull's-eye. somebody you know well. who invented that, bob beckel. i told you. >> i said at the time, wise your show and i said, campaigns have
been put target signs. i'm not here to relitigate that website. >> that media bias it has an effect on people's lives. our children are attacked, our family members are attacked. it's on true. there are people out there. that poor innocent man because he had the gall to express his ideology and didn't follow left wing, he is under siege. it's not fair. >> sean: i agree with you. coming up, peter johnson, jr. and jose baez. will the shooter face the death penalty. still to come tonight. word is that syria now is in possession of deadly chemical and biological weapons and they are threatening to use them if they face an attack from abroad. how dangerous is that threat?
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team. will he try to plead insanity? will the death penalty be on the table. what are the next steps. pam bonti and jose baez and legal analyst peter johnson, jr. i turn to you. we got into this a little bit with greta to set the stage. you read this law. there are some unique qualities here that people need to know about. >> it's very important and positive topsy-turvy in the law. if in fact the defendant says i'm insane the burden shifts to the prosecution to prove that he is sane, but at the same time the prosecution hands are going to be tied by case law and recent cases in the state of colorado. they will not be able to get their own psychiatric examinations of this defendant. so the defendant saying, i'm
insane, i should be determined to be not guilty but perhaps the prosecution you can't do your own psychiatric evaluation, not at all. >> sean: jose you are great defense attorney. from your perspective and looking at it from my perspective as a non-lawyer, they really don't have any choice. we know who did this. that is not in dispute here. do they have any other defense bie besides that? >> other than insanity i would think not. if you look at this case, it's why was it done. i think this is going to boil down to a penalty phase, does he get life in prison or does he get the death penalty. i think there is too much premeditation, too many calculated moves down by this defendant in this case to even pass on the insanity defense. i really think this is just simply a penalty phase in a
death penalty case. >> sean: pam, you come at a different perspective as attorney general of florida. obviously from the public there will be an outcry for the death penalty. peter is pointing out that the challenges that the prosecution is going to have as it relates to the death penalty. does that enter the mind as they go forward with charging him? >> absolutely. it's very difficulty in florida. the, different. in florida. the defendant must prove by clear and convincing evidence. it's much different in florida. that is probably why we have hundreds of people on death row. in colorado there are three people on death row all which are from aurora. that will be factored in. as i said it's going to come down i believe to the penalty phase because there was so much planning and deliberation.
we know he planned this for months and months in advance. not only at the theater, but at his apartment where he had trip wires and sophisticated explosive device system set up. >> sean: this brings up a couple other points. premeditation is obvious. the splang obvious. there is certainly a degree of intellectual intelligence, as i observed him today, i tried to look as closely as i could. i don't know if he is sociopath. he doesn't have a conscience or medicated. seemingly slipping in and out of con then thousands, moments i thought he was mumbling to himself. what did you observe today? >> i observed the same things as you. did is he a good actor as heath ledger in playing the role of the joker in the earlier movement. i was looking at eye movements that reflective have
schizophrenia that would qualify for insanity defense. is he an actor, is it real? is he is the greatest actor in 50 years in terms of criminal defendants? or is he on thorazine or valium. at times he looked like he was falling asleep. >> sean: as an untrained observer, it seemed real to me. i was looking closely. >> can you look into the face of a killer and know his or her mind. >> sean: i want to talk when we come back about the fine line you can be brilliant but still be insane and what represents somebody that is being insane. we're going to continue with our legal panel as we continue. volatile situation is emerging in syria tonight as they threaten to explode any second now and preparing and ready to use, they say, chemical weapons.
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>>. >> my fame wants to reiterates. the whole family would like to maintain privacy. for the first time we will the no not be discussing james or his relationship to his family. we would respect courtesy in that regard. >> do they stand by james? >> yes, they do, he is their son. >> sean: that was the attorney for james holmes the man accused of killing 12 people and injuring dozens of others in colorado. still with more on our legal analysis. jose, let me go back to the defense side, here is you have a guy,itated, how do you make the leap if you are defending him to say not guilty by reason of insanity when people say, wait a minute for all these months you have plotted and schemed and planned?
>> the defense in this case is going to need a long history of mental illness, documented mental illness, times when he was hospitalized for a certain mental health condition, times when he was despondent. being to prove someone is insane is very difficult task. when you talk to someone who is legally insane -- remember there is a standard of competency and a level of insanity which you have to know right from wrong. when you talk to someone insane, what is your name. my cat is yellow and he just left outside. you ask him certain questions, do you know where you are at. johnny is coming over an ice cream cone. these are the types of conversations you have when they are legally insane. prosecution will be able to pick apart action by action everything they have done and this isn't the case here.
>> sean: pam, let me go to you. do you think it might be tempting for the prosecution to agree life in prison without parole considering the burden with peter johnson, jr.? >> it is a possibility. the d.a. made that clear that she needed to discuss it with the family members. i come to the table as a proponent of the death penalty, two people on death penalty, prosecuted multiple cases. what this jury is going to hear, they will see 12 bodies and this mass murder. they are going to hear testimony from their friends who were at the theater with them including the body of a six-year-old child. they are going to hear from 58 injured people. they are going to see photographs of the three-month-old baby that was injured. that is really hard to get around even given the tough death penalty issues in colorado. >> sean: that is good point.
it will be very persuasive. i guess as we look at this, by definition, anybody that thinks they are joker, anybody that doesn't have a con shengs or a soul, doesn't have the ability to have empathy for people that walks into a movie theater and starts firing, you just make the case, that person has to be insane. but the legal definition, it's a whole different distinction? >> knowing right from wrong, what is called the irresistible impulse test. if there was a policeman standing next to you would do it any way. you would kill all these people. you pointed out something that is also important in terms of the insanity defense. if he is suffering from mental disease arise out of anger, revenge or hatred or some kindred evil act, insanity defense is not available to him.
based on colorado law. then we start looking at 17 different aggravating factors that are necessary for the death penalty. by my count, she guilty of nine. >> sean: does that mean you have to hit a threshold? >> all you need is one. >> sean: so by your count nine so they should have a strong case for the death penalty. >> if they can't win on the insanity defense. >> sean: thanks for the panel. coming up next, a very scary threat from syria, a report suggests that the country will use chemical and biological weapons if attacked from abroad. when we come back, liz cheney will tell us the latest. mitt romney departs on his first international trip. he meets with the allies that were ignored by the obama administration. we'll take a look at that. very latest on election 2012 as hannity continues.
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>>. >> sean: today a reported that syrian president assad will use chemical and biological weapons if faces an attack. they are under mounting pressure as brutal and horrific violence at the hands of the government have claimed the lives of 19,000 people. for months the obama administration which has not taken any real steps against the syrian administration had this to say. >> we are working to for them to be three of assad regime and given their symptom piles of chemical weapons we'll make it clear to assad that the world is watching and they will be held accountable by the international community and the united states should they make the tragic mistake of using those weapons. >> sean: it did not sit well with senator mccain. >> because of our feckless
foreign policy we have the danger of chemical weapons being transported to hezbollah, assad has threatened to use those chemical weapons and the situation has worsened, 17,000 syrians have been massacred. the united states has stood by doing nothing. it's disgraceful and shameful. the fact that president of the united states won't even speak up for these people much less do anything. >> sean: here is reaction to the situation. liz klain any, the first question that comes to my mind, where did the stockpiles come from? i said publicly, i wonder in the lead up to the iraq war if whether or not saddam hussein could have moved biological weapons to syria. is that a fair question or is that wrong to start? >> it's an absolutely fair question. i think that there is also the question of what has happened to all the libyan weapons of mass
destruction. you have a situation where the syrian regime seems clearly to be crumbling, we're in a situation where it's spinning rapidly out of control and the on only thing this administration seems to be able to muster in response is words. you've got the president issuing warnings. you've got our u.n. ambassador issuing more warnings. you've got the secretary of state issuing warnings but we seem to be doing nothing. you are faced with the very real prospect the weapons could end up in the hands of hezbollah or al-qaeda in a situation one of our worst nightmares. >> sean: i keep talking about the rise of radical islamists around the worm, in the middle east and north africa. it reminds me something of the 1930s, you couple radical ideology with weapons of mass destruction and you got a prescription for disaster. it seems that the administration it's not just feckless, it's
reckless and irresponsible. they don't seem to have a foreign policy that understands the danger. if i am overstating it or understating it? >> you are not overstating the danger at all. i think if you look for example at secretary clinton and the way she was greeted to travel to egypt. it's not unusual to be greeted by protestors that fold the news media they were upset the united states was backing the muslim brotherhood. it's very tough to understand how this administration is defending american interests at this point. you got a situation where the king of jordan today, for example, warned that the syrian regime could be now headed for a situation where al-qaeda gets control potentially of these chemical weapons. the administration's response is to say we'll pivot toward asia.
you got the potential that israelis may have to take action. i keep thinking about the fact that the israelis did take action thank goodness against the syrian nuclear reactor five years ago. it shouldn't be up to the israelis time and time again to have to stop these very dangerous developments. >> sean: you have muslim brotherhood in power and it may be worse in syria. then you've got literally the jordanians, that is hanging by a little bit of a thread. i don't think there is great confidence that that government can survive. no saudi arabia in the end. in other words, it will be completely surrounding the israelis if they are not already surrounded? >> the muslim brotherhood does do not recognize national boundaries. their objective so to install something across the region.
the libyan elections when you had parties that weren't extreme for example in egypt take over. at precisely this moment when the united states needs to be demonstrating very strong presence, very strong leadership and center v strong dedication to our allies the administration is walking away. you also had today the worst day of violence in iraq in over two years with suicide bombings across that country. you can see very clearly despite the presence in his rhetoric the united states has lost tremendous credibility in the years he has been in office. his policies of making that worse as our allies seeing us heading for the exit as they are facing grave danger and so are we. >> sean: coming up mitt romney sets out on an international trip. she meeting with some friends and allies that the obama administration made a priority whether it comes to foreign
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his first appea international stage with a trip to israel, england and poland. some of his stops will be the allies that the president hasn't put the forefront of his foreign policy agenda. obama says that his visits are a dog and pony show and he calls it lacking in substance. joining me more with mitt romney's trip and director of oklahoma council of public affairs, tincorbay and iraqi veteran congressional candidate, gregg santos. maybe he should just offer them $1.5 billion like the administration. >> he is giving money out to the muslim hood and yet she yet to visit israel in his entire presidency. i think romney is saying he is
going to make our allies important in his foreign policy strategy rather than our enemies. >> sean: i cannot believe that the president hasn't been to israel. a snub against netanyahu is well chronicled but the trip is first v important. it establishes got relationships and i think it's a smart move. didn't candidate obama do that early. >> yeah, think we need a major course correction. if we want to ro look at obama enemies are, look he is nice to. look who he disrespects. poland with the missile defense shield and obama says he'll be more flexible with russia. >> sean: one thing hasn't come up, him bowing before leaders
and apologizing early in his administration. does this thing comes off even though the country is focused on the economy? >> we know this is going to be an economy election, it's not going to be foreign policy but the president views the iranian threat differently than the rest of us do. he thinks they are open for negotiation. i think the islamic dictatorship why can't president obama do something. romney understands that. >> sean: what scares me, you see israel is now surrounded. north africa, libya, muslim brotherhood, egypt muslim brotherhood, instability in syria falling into jordan at some point. so you have to have a line that is going to start the top is going to be iran already fighting proxy wars and israel surrounded by people sworn to
their destruction. >> and president obama wants us go to back at another time 1967 borders. absolutely i worry about what is happening in egypt with the muslim brotherhood. i am confident that mitt romney would be a better friend to israel than barack obama has been. >> sean: polls show that the bain attacks have not worked. president is spending more money than he is taking in, interestingly. spending two to one than what romney is spending. he has nothing for it. where would you rather spend your money in july and august or september and october? >> i think they are wising up about obama and his responsibilities to the economy. we saw a poll that now finally the majority of americans blame obama for it. i don't really think it matters where he spends his money where. >> sean: if he is spending more than he is taking in. >> right in terms of campaign financing but i'm saying in winning over the american
people, he can run these destructive ads, the results are terrible. >> sean: more people are blaming obama for the bad state of economy which is now getting worse. secondly the attacks on blaming bush is 18%, it's not working anymore. his go to strategy is over. who do you blame for the economic recovery, obama, congress, at the bottom is george w. bush. they can't blame george w. bush anymore. >> you will never grow the obamacare looming and dodd-frank and cap and trade. if you wanted to grow the economy, elect a new president. >> you mentioned tax megedon, he is putting a huge destructive force in place. >> sean: there is an unknown percentage of people that have been so impacted by these bad economic decisions they are going out in force.