>> harris: great to have you along for this hour of "outnumbered overtime." i'm harris. "the daily briefing" starts now. >> dana: fox news alert. president trump addressing his relationship with jeffery epstein. hello. i'm dana perino. this is "the daily briefing." labor secretary alex acosta defending the plea deal that he negotiated as an attorney. president trump putting daylight between himself and epstein. >> i knew him like everybody in palm beach knew him. he was a fixture in palm beach. i had a falling out with him a long time ago.

i don't think i've spoken with him for 15 years. i wasn't a fan. >> bryan llenas is live outside epstein's mansion in new york city. bryan? >> dana, president bill clinton and president donald trump are distancing themselves from the wealthy jeffery epstein. this is not just what trump is doing. clinton released a statement yesterday. both presidents spoke highly about him in 2002. a new yorker profiler interview, they called epstein "a terrific guy" that trump had known for 15 years. clinton's spokesman released this statement. "president clinton knows anything about the terrible climbs that epstein pleaded guilty to in florida, some of those have been charged in new york in 2002 and 2003." president clinton took four

trips on epstein's airplane for w. with the clinton foundation. for alexander acosta, a spoke person says acosta is not resigning despite mounting calls for democrats led by nancy pelosi. acosta himself tweeting "the crimes committed by epstein are horrific. i'm pleased that new york prosecutorers are moving forward with the case based on new evidence." pay particular attention to his language. they say acosta is implying he didn't have enough evidence to pursue a federal case against epstein back in 2008 for similar sex trafficking crimes. critics note the feds reportedly had a 53-page indictment ready go but the charges were dropped when acosta was the u.s. attorney in florida at the time brokered a sweet heart deal that

sent him to jail on state prostitution charges. epstein spent 13 months in jail and allowed to leave every day to go to work. acosta defended himself on the record about this plea deal saying epstein would have walked free had it not been for this deal. >> he was going to get off. it was the work of our office that resulted in him going to jail. i've been on record condemning the terms of his incarceration because the work release, i understand why folks were upset. that was florida law. that was not a federal decision. >> epstein's accusers have been fighting in court. they say this nonprosecution agreement that protected him from being prosecuted in florida as well as his co-conspirators should be thrown out.

the federal judge did rule that that plea agreement was illegal. but today epstein's lawyers have filed a new motion contending the deal needs to stand. dana? >> they did, bryan. president trump responding for calls for alex acosta to resign. >> what happened 12, 15 years ago when he was a u.s. attorney in miami -- is it miami? if you go back and look at everybody else's decisions, whether it's a u.s. attorney or an assistant u.s. attorney or a judge, you do back 12 or 15 years ago or 20 years ago and look at their past decisions, you'd probably find they would do things a different way. >> dana: that came after chuck schumer brought it up on the senate floor earlier today. >> i'm calling on secretary acosta to resign. it is now impossible for anyone to have confidence in secretary

acosta's ability to leave the department of labor. if he refuses to resign, president trump should fire him. >> dana: let's bring in bret baier, the anchor of "special report." we never miss that. alex acosta, the labor secretary, seems like he's had nine lives on this particular issue. can he get a tenth? >> that's a great question, dana. the president talking about time before and the decisions that were made before. we'll see if that holds. i think there's growing pressure. it's not just chuck schumer. there's republicans that have distanced themselves from the labor secretary. in part, not because just this incident and his decision-making in this, but also how he's doing his current job. there's criticism that he's not moving fast enough with deregulation with business initiatives and frustration there. we'll see if he can hold on.

there may be as this case goes forward more coming out about how bad that deal was. >> dana: i noticed that yesterday as well. background comments from administration officials saying that, you know, even alex acosta might not be the right guy. he's not pro business enough. they pointed to the deputy saying he might be even better. the on-the-record comments from president were strong and alex acosta trying to defend himself. he was the assistant attorney general for civil rights and against human trafficking before he was u.s. attorney. so i'm assuming that he wants to defend himself. you heard bryan llenas refer to alex acosta saying there was no evidence. look at this from julie brown. she's a ""miami herald"" investigative reporter. she said this.

>> and then we'll listen to this sound bite from lindsey graham. >> if this plea deal doesn't withstand scrutiny, it would be a job of the judiciary committee to find out how it got off the rails, what kinds of checks and balances do we have to make sure complaints involving minor children are investigated. >> dana: that is the issue, the plea agreement and was it held inappropriately so from the victim so they didn't know what was happening. >> i think we're at the beginning of this. not even the middle. we're at the beginning of this entire thing. you have the clinton statement about bill clinton going on four trips. now there's reports of the flight manifest being 26 flights. you'll see all kinds of different elements come out tied to this case. the people down in miami, the people in florida, know how

those families were feeling when this plea deal was struck. so i think capitol hill will get more involved. we'll see if secretary acosta can hold on. it's only -- pressure will only build from here. >> dana: indeed. switch gears and one other topic with you, this is about this whether there will be a citizenship question on the census. speaker pelosi weighing in. listen to what she had to say yesterday. >> this is about keeping -- you know his hat? make america with it again. they want to make sure that people, certain people, are counted. it's really disgraceful. it's not what our founders had in mind. >> dana: the attorney general, bill barr had this to say. >> yes, you know, we've been considering all the options. i've been in constant discussions with the president ever since the supreme court decision came down. i think over the next day or two, you'll see what approach

we're taking. it does provide a pathway for getting the question on the census. >> dana: doesn't look to you, brett, that bill barr is figuring out how to administration can get out of the legal jam to address the question? >> yes. i think they're going to go forward. i think i think is kind of around the supreme court. remember, the supreme court remanned the case back down. there's a possibility of retooling it and going a different way at it. the administration at the president's guidance will try to do that. on the semantics of this issue, if you talk to people wherever, in the middle of the country and you say should you know as a country whether you're a citizen or not, when determining how many representatives, for example, you have in your state for the u.s. house of representatives or how things are apportioned for your state, should you know that and most people would probably say yeah, you should know whether they're a citizen or not.

they come at it different ways. the same argument that voter i.d. back and forth, whether you should have a voter i.d., an i.d. to vote like you do to get in a federal building in washington. >> dana: feels like common sense. but then there's arguments that everybody uses public transportation. this could be less partisan when it gets down to it when you talk money in washington, it gets swampy. thanks, bret. >> thanks. >> dana: president trump called jeffery epstein a terrific guy several years ago. former president clinton rode on his airplane. my next guest knows about this case more than anything else. james patterson wrote a become about him. he's epstein's neighbor in palm beach and he joins me next.

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>> dana: jeffery epstein's 2008 plea deal now under renewed scrutiny. back then, he was sentenced 13 months for soliciting a minor. now could be different this time. he was charged with sex trafficking. >> contemporaneous with the arrest of epstein at teterboro airport, agents executed a search warrant on his mansion in new york city. evidence including nude photographs of what appear to be underage girls. >> i'm joined by best-selling author, james patterson that wrote "filthy rich, the billionaire's scandal." most of you know yo from your fiction and every airport, this is nonfiction.

why did you decide to write this? >> what drew me into in, number 1, i live in palm beach. now people are upset now that they hear the story, the injustice and what happened to these kids. allegedly maybe 100 kids, maybe more than that. young girls. the people i got involved with, a journalist down there, john connelly, involved with vanity fair, they felt this hurt and pain from 2006. it never went away. never got solved. they just felt it was such a terrible thing. i said, we originally were going to do a movie. i said no, i want a book. >> dana: so you hired investigators. >> yes. three nasty heavy duty private eyes that went around and dug up as much as we could. >> dana: from that -- >> this book came out in 2016. >> dana: 2016. you had this recording down

beforehand. people have brought up bill clinton. let me read you his statement. he said he's not spoken to epstein in a decade and never been to his residence in florida or new mexico. you did have joe lockhart saying this on cnn a little bit ago. talking about the number of lights being larger than the clinton said. >> the clinton matter, i stay in touch with the foundation. i know to clear up the trips versus the flights, i think the number of 26 or 27. each of these trips and i've been on many of them where you go to asia, africa and each flight is counted. each trip is six or seven flights. i know most of the clinton circle. epstein is not part of it.

>> dana: and you said it was like caddieshack, where the groundhog peeks out. from there in, jeffery was like a game in whack a mole. was this an open secret what was happening in palm beach or new york? >> no. people say they had no idea, i believe them. >> you believe bill clinton didn't know? >> absolutely. i know trump didn't know. >> dana: president trump said -- >> i'm bringing -- friends of mine are coming and they live on the street. they didn't know. who would know? >> dana: i can understand that. how do you think jeffery epstein made his money? >> that's one of the things that nobody figured out. how did he get a teaching job with no college degree. >> dana: the president said he had a falling out with epstein.

do you know what that was about? >> there were some complaints about epstein at mar-a-largo. i spoke to the head of the spa there. she said that -- i said did you met epstein? she said oh, yes. he was inappropriate with the women there. she said she went to trump and he threw him out of the club: . >> dana: kevin spacey said this. because you've done this investigative work, even though you say there's a hundred victims that they talked about, none of these people knew? >> i don't think they did. why would they? did anybody know about matt lauer? i doubt it. >> dana: what about harvey

weinstein? people did know about that. >> i don't know if they knew exactly but they knew there were issues there. >> dana: we'll keep you around. stick around. they never let me have two books but i'm going to get one with you. more after the break. ed cash? you should know about the newday va home loan for veterans. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank and lower your payments over 600 dollars a month. it lets you borrow up to 100 percent of your home's value. not just 80 percent like other loans. and that can mean a lot more money for you and your family. so call newday usa. they look at your whole financial picture, not just your credit score. and they'll do everything they possibly can to get you approved. call today. and get the financial peace of mind every veteran deserves. our mission is to provide complete,

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james patterson that wrote "filthy rich, the billionaire's sex scandal." this is a nonfiction book. in the break you said that you think this whole scandal is the worst of the me too movement. why? >> whatever happened with cosby is terrible stuff. >> dana: harvey. >> same thing. but they were adults. it's horrifying. but these are girls. allegedly hundreds of girls. the palm beach police had 20 -- >> dana: so you have these in the book? >> yeah. the "miami herald" did a great job. a lot of that was in the book. they got the girls as women. that's interesting in the book, we have the police interviews of them when they were kids and what happened. that's devastating. the police had it all. i mean -- >> dana: so you have to presume that alex acosta, that he had

it, too? >> for sure. that's why the police department was blown away when they heard -- and they heard like everybody else after it was a done deal that there was a deal. they're like this is impossible. you can't throw away this evidence. >> dana: you think because he was so rich and powerful and he had the best lawyers? >> the rumors were, for what they're worth, one, that the prosecutors were frightened of the team that he put together with dershowitz and starr. they didn't want another o.j. the second thing was, i think the defense had said that they would eviscerate these girls on the stand. they were kids. they would paint them as prostitutes. it would be a horror show. >> dana: the other controversial thing, the plea agreement is kept from the victims. they don't know this is happening. >> right. >> dana: a big bone of contention.

>> huge. and that they give immunity to every one attached. all the people out after epstein. >> dana: we talked earlier in the first block about these famous people that knew epstein, maybe they didn't know anything. there were people that were helping him and they got immunity. how is that? >> another part of the justice that astounds people and it should. >> dana: what is the mood in palm beach about this? >> interesting. after the book came out in 2016, hundreds and hundreds of people said thank you for writing that book as opposed to we don't really want to have that story out about the town. it wasn't about the town. nobody knew. you can't do something like that. if anybody knows -- i have friends in town right now. they live on the street. they didn't know. they lived two houses away. >> dana: there's nobody in the world of publishing that can end

a story like this. how do you think this will end? >> it's not accident that we got him. >> dana: how do you think it ends? >> i would be surprised if acosta survives. i'm not saying he did or didn't do his job. i'd be surprised if he survives this. i would be surprised if epstein didn't spend a fair amount of time in job. the thing is, whether new york has him on things in new york related. i don't think they'll do back and re-visit the store stuff. >> dana: the book is called "filthy rich." a pleasure to have you here, james. thank you. >> thank you. >> dana: tom stire throwing his had in the presidential ring. is it too late or just in time? and does a former fighter pilot have what it takes to send mitch mcconnell packing? we'll ask karl rove. >> who stops the president from

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won't raise their rates because their first accident. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪ >> dana: it's time for campaign trail mix. kirsten gillibrand with her first tv ad, lara trump with a new responsibility and tom stire jumps in the race. peter doocy has more. peter? >> most democrats are just trying to woo democrats that will vote in the primary. but kirsten gillibrand cut an ad aimed at trump supporters that might be on the fence. >> we will build the next generation of roads, bridges, railways. >> as president, i will take on the fight that nobody else will.

i'm kirsten gillibrand and i approve this message. >> joe biden is talking about something more personal than political. his son's drug addiction. hunter biden told the public about his problems with cocaine and crack. his dad offered support. >> this kid, i'm telling you, as you know, beau, beau was my soul. hunter is my heart. he's been through tough times. he's fighting. he's fighting. he's never given up. the most decent person i know. >> president trump's family part of his re-election effort. lara trump, the daughter-in-law, is launching the women for re-election of president trump. as the trump campaign solidify's its resources, the time stire

campaign that stopped before it started is back again. even though he got famous calling for impeachment a few months back, he didn't mention it today. >> people believe the corporations have bought the democracy, that the politicians don't care about or respect them. don't put them first are not working for them but working for the people that have rigged the system. >> a few minutes ago in an interview on another network, bernie sanders says he likes tom stire, they're friends but he doesn't like billionaires getting involved with politics. >> dana: that's right? we heard that from him before. peter doocy, thank you. more with karl rove, the former white house deputy chief of staff and a fox news contributor. tom stire, a seven funding billionaire. he tweeted out that he's running. he says it's true. he's going to pressure congress to hold this president accountable by beginning

impeachment precedings, but it's not enough. and tim murtaugh says the number 1 democrat donor took a look around and says there's no one else he can support. his presence will pull the whole group further to the left. someone had to full the tremendous void left by eric swalwell who left yesterday. what about that? nobody in the group of 24 that tom stire thought could represent him? >> the phrase of vanity candidacy springs to mind talking about tom stire. he's spent two years trying to impeach donald trump. you're right. he hasn't found anybody that is willing to pick up that banner with a vengeance that he has so he's now jumping in. this is way too much. $100 million, that's how it's going to be characterized and a billionaire and way too little. there's nothing of substance here with due respect to mr. stire. he will be identified in the

voter's minds with the advocate of impeachment and running for president, which conceivably would take place 1 1/2 years from now well after the time that he wants to impeach him. doesn't make sense. i've seen him. he seems like a nice man. we shared a stage in new york but he doesn't have the common touch. i don't think he will connect with people. he will spend a lot of money and make consultants briefly rich. >> dana: he was filmed strangely in a barn looked like. i don't know what the poll testing thought about that. switching gears. tributes are pouring in for ros perot. a self-made billionaire and died today. former george w. bush said today --

>> as you know, perot ran as an independent against 41. bush's dad earning him 19% of the popular vote. making himself the most popular third-party candidate since teddy roosevelt. you're a family friend of his son. >> president bush said it right, patriot. he started with nothing. the son of a cotton broker in the great depression. he became an eagle scout. he went to the naval academy. to the end of his life, the navy personified the creed and values and system of honor that he saw in annapolis. so important to his life. he gets out of work and goes to work for ibm. starts two of the biggest computing companies in america and perot systems and eds.

he was a marvelous man with a great sense of history. he loved america, every atom in his body. his entire life was of service. he ran argue 41 and in 1996. biggest performance as a third-party candidate since teddy roosevelt. he did so not for himself but because of the country that he loved deeply. there was a christmas party at the bush library. he sponsored the navy choir. you should have seen this 80 some old year old man with a grin bigger than the state of texas when they started singing the navy hymn. you would have thought -- there was the teenager that went off to the naval academy in 1949 and became a mid shipman. >> dana: i have a few more seconds with you. let me ask you, amy mcgraff will

challenge senator mitch mcconnell in kentucky. leaders of the senate always face a big challenge. she just lost pretty substantially in the 2018 mid-terms for congressional seat. does she think she can win statewide? >> it was the second most democratic seat that she lost by three points. donald trump carried the state of kentucky by 30 points. she's gone out of her way during her congressional campaign to say how liberal she was and how far to the left she is in the democratic to her. good luck to her. leader mcconnell will have a strong campaign. he went right back her and reminded people in kentucky how liberal she is. if she can win in the second most democratic -- >> dana: one quick last word. you think the senate democrats are having a hard time recruiting candidates that can win? >> absolutely. they failed to get their topics in colorado, failed here, failed in iowa, failing in arkansas.

they failed in georgia. failed in north carolina. failed in maine several times. so yeah, they're having difficulty getting good candidates. >> dana: and everybody would rather run for president. >> exactly. >> dana: thanks, karl. >> you bet. >> dana: check out this jaw-dropping scene in disneyland. a family brawl broke out over the weekend. william la jeunesse is live with how. how can this happen at disney? >> well, it's a family feud. domestic violence, child engagement. possible charges. the police are still investigating the tussle. the woman in white spits at her brother in front of goofy's play house. he responds with punches and squares off with the man in white who cocked another woman with an overhand right. the two kids get wheeled out.

the mother breaks up the brawl. she fails. the sister gets pummeled by the brother. he tells the crowd he's ready to go to jail. hundreds watched. and then the women believed to be sisters begin fighting. the mother gets knocked down, which infuriates the brothers that beats up the sisters again. some visitors stop the feud. nobody leaves. just as it appears it's over, the man in the red will drag the woman in the tan top across the pavement by her her. security will show up 3 1/2 minutes. by the time the anaheim police arrive, it's over. those involved will refuse to cooperate. at the time police had not seen this video. now they have, officials say they have opened up an investigation and the d.a. could file charges. dana? >> dana: thanks, william. terrible to watch. thank you.

toxic algae taking over the shores of the gulf coast forcing the beaches in mississippi to close. >> we think it might be a problem, we're going to go on the side of safety. >> dana: and grieving parents are trying to see how their 18-month-old daughter slipped through the window of a cruise ship. details next. to look at me now, you don't see psoriasis. you see clear skin. you see me. but if you saw me before cosentyx... ♪ i was covered. it was awful. but i didn't give up. i kept fighting. i got clear skin with cosentyx. 3 years and counting. clear skin can last. see if cosentyx could make a difference for you. cosentyx is proven to help people with moderate to severe plaque psoriasis find clear skin that can last.

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inflow of freshwater coming down the mississippi and other areas. you're getting massive low salinity areas. >> dana: because of the rain and the snow from winter. >> with that freshwater, you get a high level of nutrients coming in. so these blue green algo blooms

are a consequence of the freshwater inflow. >> dana: so they can be unpleasant to swim in. how do you know if they're harmful to your health? >> they do. i don't believe they've identified the specific species yet. it does emit toxins. you should follow the local authorities and their guidance of the beaches to go to and not. in florida we do have something called the beach condition reporting system. you can go to visitbeaches.org. >> dana: check it out. >> you can check the individual beaches in florida to get daily updates on the conditions at those beaches so you don't cancel your vacations. >> dana: so humans are causing some of this. >> yeah. >> dana: can they solve it? >> yes. >> dana: and we can be careful what we put in the water. are there other ways to help?

>> there's been some great break throughs in the state of florida just in the past several months in terms of the red tide, which is a devastating harmful algo bloom. it's naturally occurring, spanish explorers documented it. it's been -- >> dana: does it hurt the wildlife? >> it does. it causes massive fish kills. emits a very powerful neuro toxins. humans do not cause the red tide. so the challenge is to develop the technologies based on science to fight the impacts. and because of a major donor that just helped us start a new red tide institute and quite frankly the florida state legislature and governor desantis just approved a major new six-year initiative, the

florida red tide -- >> dana: i talked to friends this weekend. they're about to retire. they're thinking about buying a home in sarasota. they have been scared away. they are worried about the red tide or the algae bloom there and thinking they shouldn't go to florida. what would you say to somebody like that? >> absolutely come to florida. the gulf coast of florida is one of the most beautiful places in the world. i would not discourage anyone from buying property or coming down there to vacation. >> dana: you think it's going to get better. >> yes, it will. we're developing the technology, the tools right now to fight the impacts of red tide. we're going to turn the tide on this. >> dana: i love hearing about innovation in that way. there's a lot of things that we can do to minimize our impact on the environment and make things more pleasant. >> if you bring the best and brightest minds together, yes unleash them, you support them, science and technology can do

incredible things for our quality of life and help conserve and protect our environment. that's what is going on. >> dana: what a great message. thank you, michael. >> pleasure. thank you. >> dana: next, tragedy on board a cruise ship when a 1-year-old girl slips from her grandfather's arms and falls to her death. and instagram taking action against cyber bullying. the feature they're unveiling to help create a safer environment online. ♪ limu emu and doug.

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it's a sit-up, banana! bend at the waist! i'm tryin'! keep it up. you'll get there. whoa-hoa-hoa! 30 grams of protein, and one gram of sugar. ensure max protein. >> dana: and now i look at other stories. after weeks of unrest, hong kong's leaders as a controversial extradition bill is dead but demonstrators vowed to continue protesting themselves, can tell the bill is completely withdrawn. number two, instagram is taking on cyberbullying, rolling out new features aimed at stopping harassment on its platform. some features will reportedly use artificial intelligence. and metz rookie pete alonso hitting 57 home runs.

he is pledging to give a portion of his winnings to charity that helps wounded veterans and injured first responders. and we are learning new details about the toddler who died after falling from a cruise ship docked in puerto rico. the little girl was playing with her grandfather near a window when she slipped out of his arms. phil keating is live from miami. >> a horrible, horrible tragedy for this family after their 18-month-old daughter plummeted to her death from the 11th story is a cruise ship that is roughly a 150-foot drop. this is the little girl, 18-month-old chloe, i was about to begin a cruise with her family. the ship's royal caribbean's freedom of the sea is, a very large ship with 3600 passengers on board right now. it was docked and soon to depart from puerto rico when the girl's grandfather was holding her and

she lost her balance and fell out of his hands and accidentally dropped to his death. the family attorney says that's not how it happened and blames royal caribbean. according to the attorney she was in a tiled water zone play area with her maternal grandfather and had glass partitions all around it. and at the girl went through it and went overboard. >> what is preventable here, why would you ever put windows that passengers can opening a kids play area? >> puerto rico police are investigating in the family remains on the island. according to the south bend, indiana, police department, the child's father is one of its officers." they say we offer our sincerest condolences during this difficult time following the tragic loss of their child while in puerto rico. they ask for the community to pray for the family as they grieve, and to respect their

privacy. the devastating accident happen sunday afternoon as that cruise ship was preparing to depart from port san juan for the big weeklong cruise and in a very short statement by royal caribbean they saved the company and staff are deeply saddened and they expressed sympathy for the family. >> dana: to the cruise ship actually leave? >> yes, it left that night, sunday night and continued with its route. >> dana: that is horrendous. the hunt is on in arizona. and he never made it home to receive the honor. he was declared missing in action after the uss little sank in the solomon islands. the good news is, at the goodwill store is still reaching out to the internet hoping to

reunite the family with the award. so if you have any information, get that metal back to the family. and up next is "shepard smith reporting." >> shep: it's 3:00 on the east coast and 2:00 p.m. in new orleans where health benefits for millions of americans across the nation are at stake right now. a federal appeals court at this moment is hearing arguments on obamacare. the case as well on its way to the u.s. supreme court, and the outcome could not be bigger for tens of millions of people who depend on the health insurance where their coverage. i had to, what it could mean for you and your family. we begin this hour with the labor secretary alex acosta standing in defiance after a firestorm of calls for him to