to do homework when you're at home. internet essentials from comcast. helping to bridge the digital divide. ♪ new this morning. bus loads of migrants in the thousands arrive in austria. the pictures and the stories we have of their emotional journey into western europe, escaping conflicts in syria, iraq, and afghanistan, and what 80s way for the rest of them. it is our position and the position of the clerk of rowand county that those. >> kim davis not backing down for refusing to issue marriage licenses to same-sex couples and

it is happening as a presidential candidate is coming to her defense. >> are you sorry? do you want to apologize to the american people for the choice you made? >> well, it wasn't the best choice and i certainly have said that. i will continue to say that. >> contrite hillary clinton apologizing over e-mails. not the apology her critics were looking for, though. good morning to you. it's saturday. i hope you had a little r&r on the calendar. i'm christi paul. >> i'm victor blackwell. look at the pictures and the video we have coming in. thousands of refuges arriving in austria this morning. they are tired, they are hungry, but as you saw in that little girl's face, there was a smile there. they are greeted by cheers, people just cheering on the side of the road there in austria. a far cry from their desperate situation over the past few days, waiting for days and days at a budapest train station.

trying to walk to germany because they had no other options. some buses picked them up. cnn' arwa damon has been on this journey with them and listen to her experience here. >> reporter: the hungaryian officials have been hostile toward these refuges and a lot of them had horrific situations inside one of the camps and one of the main reason they didn't want to go into the camps. along this trek, they have managed to get real exposure to the kindness of some portions of the population of the hungaryian population. >> the refuges, some of the thousands streaming into europe in the conflict zones every day. frederik pleitgen is at the

austria/hungary border. what is the crowds like behind you? >> reporter: it's a remarkable scene. several busloads of these people made it across the board from hungary. you can see how many people are still marching towards this location here. i'm on the austrian side right now. the people you're seeing streaming in here, they are are all coming off buses on the hungarian side of the border. the hungarians have picked up several thousands with buses and brought them to their side of the border and dropped them off here and they walk to the austrian side. we have seen remarkable scenes because they are exhausted and many traveling for months and a horrible time going through hungary and many were camped out there in front of the budapest train station where they barely had any food or water and they certainly had no shelter and camping on the ground that they got so frustrated they started

walking towards austria which is a more than a hundred miles away. they said we are going to walk there and that would have taken a lot time. finally, the hungarian government relend and they are arriving here and getting ready to go on the buses you see over there and the buses will take them from a train station from there on, they will choose whether to stay in austria or go to germany which is a place many of them want to go to. certainly very emotional scenes as even people who are so exhausted that they almost fell asleep standing, just had smiles on their faces as they walked over that border. >> good to see that after what we have seen over the past week or so. fred, any indication of what is to come? beyond the immediate triage, what austria, what germany, the other countries hosting these refuges, what they have in err store for them. >> reporter: first of all, they will bring them to temporary shelters. they will go to the next rail

station and either going to a shelter around here or they are going to go on to vienna and munich and when they go on to munich they get processed there immediately at the railway station and brought to another temporary shelter and then the german government will find places for them in germany in various locations, both in the southeast which is the main entry point into germany, but also in other place around the country. and then they enter into a process where their asylum applications is checked by the authorities and depending on whether or not that is successful, then, at some point, they will be recognized as asylum seekers and be allowed to move around and get work in germany and basically start a new life there. it is quite a long process. bureaucratic process but certainly one that, for them at least now, is somewhat predictable. victor? >> at least there is now a process through which they are going through after days, some waiting on trains, some waiting at the train station, now this process has begun.

frederik pleitgen there at the austria/hungary border, thank you so much. we will be joined by bob kitchen when the international rescue committee and talk more about the refuge crisis and what else is in for for them. >> reporter: turning to the u.s. kim davis will be meeting with mike huckabee. tuesday he will visit the woman who was jailed and still in jail, in fact, after she refused to issue marriage licenses to same-sex couples and this is in defiance in the law. davis says any marriage license issued in her absence is invalid and that did not stop these couples celebrating. >> reporter: kim davis' attorney says her conscience is clear and she is waiting it out in jail and has no desire to resign from her position as rowand county

clerk. >> reporter: these two men were partners for ten years and they were cheered by their supporters after finally getting their marriage license following five other tries in another county in kentucky. >> each time, we were rejected and each time we were told it was kim davis' decision. the last time we came, it was really, really hard because we had protesters outside and as soon as we rejected, we had our hearts broken. >> reporter: kim davis couldn't reject the couple this time. the rowand county clerk was sent to jail after a federal judge in kentucky held ner in contempt for court for failure to issuing licenses to same-sex couples, despite an order to do so. >> she can't violate her conscience. >> reporter: davis is opposed to issuing marriage licenses to same-sex couples. >> when they want to bully you, they will bow down. if we don't take our country

bar back, they are the one who at the ewe put in there. >> reporter: five of those deputies are now giving out licenses that don't bear her name. >> she needs to have her name and her authority off of the license. it could be issued under the authority of the commonwealth of kentucky. >> reporter: davis' attorney says a marriage license without her name on it is not valid, but lawyers for the couples disagree, which means everything to william smith and james yates. >> we are very happy. we are elated, actually, that we got our license this time. >> reporter: davis had ordered her six deputy clerks not to issue any marriage licenses after the supreme court made its historic ruling earlier this summer allowing same-sex couples to marry nationwide. those six clerks were all called into a courtroom. the judge asked if they could accept his order to issue those marriage licenses.

five of the six clerks agreed. the lone hold-out was kim davis' son. >> thank you very much. let's bring in criminal defense attorney danny savalas now. good to see you. davis' attorney says those licenses are invalid without her signature. any concern that she is right? >> it's an interesting issue and probably a face of first impression, but the argument by the clerk here is that she is the elected county clerk and that these licenses must bear her name, in addition to the county seal. but i think that a court would ultimately determine the office of the clerk is who is issuing the license, not necessarily the actual clerk, that is, the human, whose name is on the license. and just looking at my own cases and dealings with clerks of court, clerks of court routinely have deputy clerks who issue documents and they may bear a signature, but that significant is often just a stamp or some

other facsimile. the reality is the actual person who occupies that office doesn't personally stamp and review every single document that goes through the office. it is a government office and that government office issues the licenses. so it is an interesting legal argument by miss davis. i don't know that it is one that will ultimately prevail. >> in an interview after she was elected back in november, she told a moorehead news, i'm quoting here, i promise to follow the statues of this office to the letter. and we know -- well, i guess, first of all, you have to wonder if she is going against her own pledge at this particular time, but we know her attorney and court papers argued that issuing same-sex marriage licenses irreparably violates her conscience. what are her rights when it pertains to her religious liberties and freedoms, compared to federal law? >> miss davis occupies two

positions when it comes to speech. one is as a citizen of the united states. but the other is also in her position as clerk, where she essentially speakers for the government. so her argument is that she, as a person, cannot execute her duties because of her personal beliefs. but her opponents say, it's a pretty strong argument, once you are an elected official, you are, in many ways, an arm of the government and you are there to perform official government duties and i've reviewed the kentucky statutes and it appears that the coat clerk is responsible for issuing marriage licenses. there wasn't doesn't appear to be anything in there that that disagrees with their personal views and there are many, many government jobs that if we had people refusing to do them because of whatever their personal beliefs were, then the offense result could be chaos. imagine if all kinds of

different elected official decided, well, these some of the duties i feel like i can perform and these are the duties against my personal beliefs. it would create chaos, i think, if this were county officials could just stop doing their job. >> you wonder where the balance is then, i suppose. danny savalas, don't go too far. stick around here morning. davis' attorney is going to be joining us coming up and we have some questions for him as well. >> we will have danny come up in the next segment to talk about these new reports this morning that former secretary of state hillary clinton paid a state department staffer to maintain a private e-mail server at her home. well, now that former staffer is planning to invoke the fifth amendment when he is questioned by a congressional committee. why? we will have that discussion in just a moment. plus, police across the nation are on edge after a spike in recent cop killings. we have got a live report on speculation, at least, about what is behind the attacks and

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let's talk about the race for the white house now. democratic front-runner hillary clinton heads to the primary state of new hampshire. now, there are new details being revealed about her e-mail controversy. an official from clinton's campaign confirms to "the washington post" that the clinton family personally paid a state department staffer to maintain her private server at her home. the arrangement reportedly ensured the taxpayer dollars were not spent on the server.

meanwhile, that staffer, brian pagialliano is expected to appear on a hearing next week and he says he had invoke his fifth amendment rights. danny savalos is sticking around for a question. just this one, danny. this spokesman for the committee this staffer will not answer question and invoke the fifth amendment. members of congress say there is no evidence of criminal activity. why invoke the fifth? >> if there is a potential that he may be incriminating himself, his lawyers will advise him to invoke the fifth amendment, which is the constitutional privilege against self-incrimination which many would be surprised to learn that it wasn't until the 1950s that supreme court held that you could invoke your fifth amendment privilege, not in a

criminal trial court, but also in congressional hearings. that was not an automatic right. and it is different from what you would see in a criminal trial because, in a criminal trial, a witness can refuse to take the stand altogether. when it comes to congressional hearings, if you are subpoenaed, you will attend. you may choose to invoke the fifth amendment as to parts of your testimony, but when congress wants you, congress can put you on the stand irrespective of that fifth amendment privilege. >> we can expect the members of congress will continue with their questioning and understanding every answer will be the same that he will invoke the fifth. thank you, danny, for clearing that up. i want to get to jason. i want to start what we heard from secretary clinton might with her interview with msnbc. let's listen and watch. >> i was not thinking a lot. when i got in, there were was so much work to be done. so many problems around the

world. i didn't really stop and think. >> she said, i didn't really stop and think and avenue that, i didn't think and stop and think what e-mail system there would be. the campaign confirms she hired someone back in 2009 to maintain a server at her home. at least an inconsistency there. >> there is a clear inconsistency. here is a bigger issue. what did she do is wrong and should we actually care, right? clearly, she was maintaining multiple e-mail servers and that is wrong and that is an issue and that is something that is legitimate to investigate. but whether or not the use of different e-mails ever actually endangered u.s. soldiers, u.s. foreign policy, or u.s. foreign affairs, that is really the question. >> but if that is the bigger question, why try to convince people that she didn't even think about it when, not 12 hours later, her campaign confirms that, yes, she hired someone back in 2009 to maintain it at her home. >> why did tom brady get rid of his cell phone? because when you think you're in

trouble you come up with all sorts of different excuses for doing things. the clinton campaign has handled this terribly and to be honest with you the more she tries to explain than a clear answer, this isn't a big deal and i did my job and no one was harmed when doing my job, she continues to explain. >> why not at that first news conference when it was addressed say all of this? >> because the clinton campaign is not very smart. this is something they should anticipated and seen. she should have said i'm talking about this one time and instead she is babbling. we are talking about a story going into october when it started in march. >> clinton campaign is spending money on ads in iowa and new hampshire. what does the message need to be? >> the message needs to be to democratic voters, i'm the person to get things done and

i'm the best person to be president of the united states. 77% of democratic voters don't care about this e-mail scandal so this is not something she has to roir worry about in the primary. >> why is her numbers low and her trust numbers are lower? >> nobody has really liked hillary clinton. >> oh, okay. >> she has never been that popular and the more people get to know her, they like her less. it's not whether or not you like hillary clinton, it's if you like her versus who she is facing for the presidency. >> 500,000 pound rock, we understand, is loose in arizona and it could be threatening some tourists who are there, especially on this holiday weekend. what authorities are doing to try to fix that. and more coming up in a moment. wow. sweet new subaru, huh mitch? yep. you're selling the mitchmobile!? man, we had a lot of good times in this baby. what's your dad want for it? ..like a hundred and fifty grand, two hundred if they want that tape deck.

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closer to being free after being sentenced to 48 months for his role in the hazing death of florida a&m university drum major robert champion. jackson there, a former band member, will be out in less than a year after he was given more than three years for credit for time served. champion died after being beaten and hazed during a hazing rit l ritual. the death of a 16-year-old boy by his 11-year-old neighbor

case is being investigated. some say the 11-year-old was breaking into the home but other neighbors in the community say that is not true. more on our investigation the next hour. a river raft is closed today. they say a rock is loose. geologist are trying to install some bolts and secure it. do police officers have starting on their backs now? a live report on why a recent wave of officer killings have left some officers feeling under sieged. plus, an eight-foot snake in florida is on the loose. not just any state. look at this one! it's causing a lot of concern and panic understandably. we will talk more about it in a moment. first, though, this week's culinary journeys, taking us to bangkok, island, to meet a chef whose restaurant won the top

award for asia's other restaurants. take a look at what separates his style from other top chefs. ♪ >> bangkok, thailand. a clamorus clash of ancient traditions. soaring sky escapers above stores offering delicious food and boiled and tossed and sided to order. foods dominate the streets of this city. for those with a taste for fine food, the recently crowned number one restaurant in asian gagan can be found in this district and it has a boisterous creativity and passion of chef indian gaggan. >> when you put something on the plate, put your heart on the plate, you don't do it just for

the sake of serving. i want it to be done properly! all leafs like like leafs. a beautiful one. fine. >> reporter: gaggan says his perception is aggressive. he hopes to change the perception of indian food. >> you take bread and eat it when you're drunk and it's comfort sole food. i push it to a boundary where people with hundreds and thousands of chefs have never taught could happen. and that gave me a black thumb to do what i'm doing now. >> one, two, three, push it up, please. >> reporter: dishes served reflect gaggan's taste. >> let's elevate our standards! thank you. >> i love stories.

stories that make you more excited. you're to build up the story. >> watch the full show at cnn.com/journey. we will be right back. want bladder leak underwear that moves like you do?

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i can confirm today that it was the officer's weapon that was recovered at the scene. we received confirmation yesterday when we were following up on some forensics from that weapon as we speak. 32 minutes past -- 33 minutes past the hour right now. are you new this morning, police in fox lake, illinois, say they believe they have video of the suspects for killing officer joe gliniewicz. there is a reward that leads to the arrest and conviction of those who killed him. this has left some officers across the country feeling under siege, vulnerable on the job. we have got with us cnn's nick valencia with more on this. how is this being received throughout the law enforcement community? >> this is something we have talked a lot about, specifically on this program. officers gunned down in the line of duty. and it prompted us to look into

the numbers. believe it or not, according to the officer down memorial page, 2015 is on pace to be one of the lowest totals of officers gunned down in the line of duty in the last 25 years. even still with those numbers down, it seems as though fear among officers across the country is at an all-time high. >> reporter: a manhunt in illinois for three wanted in connection with the killing of a veteran police officer. a sheriff's deputy gunned down at a gas station near houston, texas. a memphis policeman shot and killed during a traffic stop in tennessee. and that is just in the last five weeks. already this year, at least 24 officers in the united states have been shot and killed in the line of duty. by comparison, it's still less than the number of officers shot and killed all of last year, when 47 were victim to gunfire according to the nonprofit officer down memorial page. while the numbers may be down, it's a sentiment of

vulnerability among officers in 2015 that is caused for concern says cnn law enforcement analyst cedric alexander. >> there is some real challenges out there in this country right now. it is a very tough time to be a police officer at this moment. >> the only charged rhetoric of the movement has been about i'm holding officers accountable. has it been about fair police contracts and independent investigators and body cameras? >> reporter: activist and organizer d. ray says the black lives matter is not to blame on recent attacks on police. >> it is specifically about ending violence. >> reporter: even though, a chance like this from a black lives matter march this month in minnesota, an ominous graffiti like this in texas has made more and more cops on edge. >> this rhetoric has gotten out of control. we have heard black lives matter. all lives matter and cop lives matter too so let's drop the

qualifier and say all lives matter. >> reporter: it may not to be to blame for the police killings as some might suggest but certainly all across the country, police officers have taken notice of the current climate. victor? >> nick valencia for us this morning, thanks so much. we want to get back into the illinois officer shooting investigation because there are tloof questions this morning and let's bring in cnn law enforcement analyst tom fuentes who is with us now. good to see you this morning, tom. we know the fbi is reviewing several surveillance videos and police say they have images of these subjects that they are looking for. why would they not release that to the public? would that not be helpful? >> the only thing i can think of for not releasing that, if they have specific identification made they have specific locations they are waiting for them to show up at and don't want to disturb that. that could be the reason that

they have got locations in mind that they might arrive at and they may be trying to watch those place for their return so they are can represent rehend them and not want to alert them any further to go into a different direction to escape. >> try not to compromise the investigation, but what kind of details are they looking for specifically in these videos? >> well, they are looking for as much as possible. obviously, a complete clothing description and in videos, you see the manner in which someone stands, the way they walk, their physical presence, their height to a certain extent, their weight, their choice of clothing. are they wearing baseball hats, physical features, long hair, facial hair, complexion. there's so many different things you want in a specific description, but particularly in video, when an individual sees someone, even if it's a silhouette and they see the way they walk, sometimes a friend or family member or classmate or someone, will recognize the person just by that.

so the more that you have captured on video, the better it would be for someone to recognize them by that. >> sure. here is the thing. police say that they can't release any forensic information in terms of where the officer's gun was found. we know that they do have his gun, how many times it was fired, whether it was, indeed, the murder weapon. there is this video that could help find the suspects that is not released and you talked to that and law enforcement authorities on the ground can't answer whether he was killed with his own gun. we know authorities are adetrro and know what they are doing, but anything about this makes you uncomfortable that may bring your some questions about what happened here? >> i wish as much as would have been released from video descriptions earlier in the week. even though they want the video enhanced especially when it's the very first day that they had

a significant home security video which they gave to homeland security and nobody said anything since then. originally they said the video showed three walking in front of the camera in front of the home and not heard anything about that. we haven't heard anything since then whether they are are wearing long pants or tank tops or baseball hats other than who whites and one black. as far as the forensics, they may not have all of the answers to that. if the mortal wound was completely through the body, they may not have a bullet to examine the cause of the fatal wound and match it to any gun, including the officer's own gun. so that could be. sometimes bullets hit bone and, you know, a shot to the center of the chest hitting the sternum might deform the lead to such an extent it can can't be matched to a particular test to a

particular gun so that can happen also. there are reasons that the forensic examination conducted at the crime scene and the autopsy itself didn't reveal all of the facts that they would like, even from those forms of investigation. >> tom fuentes, always appreciate your insight. thank you, sir. >> you're welcome. talk about this migrant crisis that is happening across europe now. thousands of refuges are streaming into european countries every day. the question here, how are these countries preparing, are they prepared to take them in? we will ask an expert. also in florida, this poisonous snake, it's poisonous enough to kill an elephant! it's on the loose in florida. we will have details on the search and relatively where they are searching next. want bladder leak underwear that moves like you do?

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in orlando, florida, this morning. more than disney world happening there. authorities and a reality star still searching for this deadly, oh, good heavens! eight foot long king cobra. oh, no, no, no! >> strong storms here. the flooding. that is what allowed this snake to escape. elaine machado is following the hunt. >> reporter: it's eight feet long and not too big as far as king cobra are concerned but this cobra has vennon powerful enough to skill an elephant. >> it's scary. i understand they are they poison and they will attack. >> reporter: neighbors on edge

and on alert as teams of snake handlers scour the ten-acre property belong to the cobra's owner, mike kennedy. >> there you go. look at that. >> reporter: this youtube video is one of many online showing kennedy handling snakes, dock dials and other wild animals. kennedy, a pilot and host of "discovery's" airplane repo" is also famous for capturing exotic pets and says he is licensed to own the createses. authorities say the cobra slijered out of its cage during recent strong storms and damaged the housing that the snake was housed and since wednesday all hands on deck. on frizz searchers posted this picture on twitter showing box traps they hope will capture the cobra which experts say won't be easy. >> king cobras have have large

home ranges and in this case, this creature can quickly disappear and it literally is trying to find a cobra in a haystack. >> reporter: then there is the possibility it will never be found. the thought of that? unnerving to those who live nearby. >> that worries me that they will give up and we will never hear any more about it and what? we have to watch every step? >> a severe situation. >> reporter: kennedy did not want to talk to cnn on camera but told us he hasn't had the animal for very long, adding that the cobra is afraid of humans and is more likely to shy away from us than attack. >> that is reassuring. it's more likely to shy away than to attack. >> just watch where you step. >> this from a guy who lost a snake. >> he i know. that is reassuring for sure. still to come, controversial kentucky clerk kim davis waking up in jail this morning as

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acceptance of asylum seekers. germany has accepted 43,000 refuges and promising to take in more. let's bring in bob kitchen who is head of the international rescue committee. thank you for being with us. i understand you just returned from greece. question here. tens of thousands of people being accepted by germany and other countries as well. what is happening now? how can they prepare for them and where are these tens of thousands of people going? >> weas you said, i just got ba from greece where i saw thousands arriving every day in small rubber boats. they are arriving straight from syria where they have escaped from barrel bombs and chemical attacks and they want to have a better life and to stay free of violence. so they are moving forwards these european countries to find that safety. >> hungary, which is one of the

countries we have seen has not been willing to accept these mooi grans who were at the bord -- my grant who were at the station, we saw them at the station in budapest. can you exexplain what these people were going through and where hungary was not accepting? >> these are people we would all recognize their lives. previously, they were living some syria and they had jobs and owned houses and renen rented o saving to send their kids to college. they are on a long journey to seek safety. as a european, i'm ashamed that european countries have forgotten where the term legal status refuge was created. it was created after the world war ii when organizations like the irc worked to protect and to help people flee from nazi-occupied europe. the fact european countries are

struggling with welcoming people fleeing war is really sad. >> contrast the desperation we saw throughout the week. and for more than a week now at the border, at the strain station what we are seeing this morning as people are applauded as they arrive in austria. one criticism from authorities in hungary is that germany specifically, and other countries, are giving these refuges an unrealistic expectation of what is next. is there any truth to that? and what should they expect? >> well, i think, in contrast to that statement, i think germany is leading the way, it's showing exemplary resideshleadership. i think germany and austria should be applauded in the welcome they are showing

refuges, and i think the other countries in europe and also the u.s. should step up and accept a fair share. the irc is advocating that the u.s. accept 55,000 refuges in the coming years to sew thhow t war is horrible and people deserve and have a right to safety. >> yeah. and how tragic that is. a photograph of that young boy, dead on a beach, that some leader and david cameron there in the uk said it, after looking at that, many had a change of heart. bob kitchen, thank you so much for joining us this morning. >> thank you. >> we will be right back. i brought in some protein to help rearrange the fridge and get us energized! i'm new ensure active high protein. i help you recharge

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oh, well, tim tebow could land a spot on an nfl roster. the philadelphia eagles traded one of their quarterbacks matt barclay yesterday. 2007 heisman trophy winner played briefly for the denver broncos and the patriots and the jets who released him in 2013. coy wire, do you think he could be back on the field?

>> we will know at 5:00. it looks like he is going to make the eagles. matt barclay, the team's other third-string quarterback was traded to the arizona cardinals. tim tebow continues to pursue his passion and after two years being out of the league he has an opportunity to play. we want to know what you think about this. what is your take on this situation? #newdaycnn and go to our facebook page at new day and let us know what your thoughts about this. how big of an impact can tim tebow have in the league? do you guys think he can be a difference-maker? how is this story going to play out for tim tebow? >> real quickly, do you think so? >> i think this guy could be a difference-maker. this new rule with the two-point conversion and chip kelly was known to go for two points in college after a touchdown, so i like what he can bring, and also he is a third-string quarterback who can maybe play special teams for you. i think it's a good keep. >> we will see. coy, thank you so much.

>> you're welcome. so much to talk to you about this morning! >> right. next hour of your "new day" starts right now. ♪ new this morning, in this saga now, the kentucky clerk jailed for refusing to issue same-sex marriages listens acen she is in jail now and claiming any document without her signature is invalid and which would invalidate the marriages that happen while she is in jail. >> police say new video of a shooting of an officer in illinois has them closing in on the suspects. we will have the latest for you in that regard live. hillary clinton says she is sorry. not because she used a private e-mail server during her time as secretary of state, but, instead, because so many are confused by it. good morning to you. it's 7:00 on saturday. just in case, you know, you need to know the time. hopefully, you don't. i'm christi paul. >> it's good to wake up on a saturday and not care what time

it is! >> whatever. >> i'm victor blackwell. powerful pictures are coming in. nearly 3,000 refuges who are crossing into austria. they spent a week trying to leave hungary by train, bus, many of them walking. refuges trying to find new homes after escaping conflicts in syria, iraq, afghanistan, other locations as well. live report from the austr austria/hungary border in a moment. something interests to see are the smiles on a lot of those people which we have not seen all so we will bring you more of that. first, let's talk about conduct clerk kim davis who is waking up behind bars and jailed for contempt of court for refusing to issue marriage licenses of same-sex couples. davis says licenses issued in her absences, including the six that went to couples married yesterday, are worthless. and she has at least one very famous supporter, presidential

candidate mike huckabee who says he is going to visit her tuesday. alexandria field is live with this story. what is the reaction to her jailing? >> reporter: i was in the courtroom actually when the judge decided to have her remanded into the custody of the u.s. marshals and can tell you that kim davis' mouth sort of dropped wide open and to me she looked surprise and the judge said the reason for the contempt order was to try to force compliance with the issuance of these marriage listens and he did not believe that would be solved simply by fining her. instead you have deputy clerks now issuing these licenses and kim davis, who remains in jail because with we refuses to authorize them, and her attorney says she isn't ready to resign from her job as clerk and she is ready to fight this fight. six charms the time for

william smith and james yates, partners for ten years, they were cheered by their supporters after finally getting their marriage license following five other tries in rohwrowan county kentucky. >> last time we came was really, really hard. we had protesters outside. as soon as we were reject, we had hur hearts broken. >> reporter: kim davis couldn't reject the couple this time. she went to jail after a judge in kentucky ordered her in jail because of contempt in court. >> she can't violate her conscience. >> reporter: davis is opposed to issuing marriage licenses to same-sex couples. >> when they want to bully you, they will bow down. if we don't take our country

back, they are the one who at put them in there. >> reporter: davis authorized her deputies to issue the licenses or not intver wierfere that process. five of those deputies are now giving out licenses that don't bear her name. >> she needs to have her name and her authority off of the license. it could be issued under the authority of the commonwealth of kentucky. >> reporter: davis' attorney says a marriage license without her name on it is not valid, but lawyers for the couples disagree, which means everything to william smith and james yates. >> we are very happy. we are elated, actually, that we got our license this time. >> reporter: kim davis' attorney came to the jail to visit with her and says she is in good spirits and plans to appeal the contempt order that has her behind bars. >> alexander field, we appreciate it. later, we are talking to davis' attorney live and lots of questions there, including how

long is she willing to stay in jail for this. let's you he take to fox lake, illinois. police say they have new surveillance images of people they believe is connected to the shooting of did the joe gliniewicz. they are looking for three men, two white, one black. the officer's weapon was also recovered at the scene. it is unclear at this moment if he was shot using that weapon. there is now a $50,000 reward for information that leads to the arrest and conviction of those who killed gliniewicz. rosa flores joins us now from fox lake. rosa, any idea of when authorities will release these surveillance images? >> reporter: you know, authorities have been very tight-lipped, victor, about releasing any details regarding this investigation. they say that they want to make sure that they are correct whenever they do issue the photo or even a better description of these suspects, because as you know, right now, the only

description we have is that they are looking for two white males and a black male. that is very, very vague. however, this new surveillance video that they are calling golden nuggets of information and data, because they believe that they have video of the four and after the shooting from video cameras and home surveillance systems and business surveillance systems and hear this. late yesterday, we also heard that they have d.o.t. camera video, so from the department of transportation. now that means that they have vehicle traffic, they could have foot traffic as well. they were very smart at the d.o.t., by the way, to actually save the video, because it's usually recycled, that hard drive is usually recycled, but they saved that video. very important in this particular case for this investigation. now, the other thing that we learned late last night is that canines were back on the scene. investigators were back on the

scene canvassing inch by inch and trying to see if they had missed something and they had. the commander in charge telling us they found significant evidence yesterday. now, again, they won't tell us what that evidence is. but they did find new evidence and evidence technician did, not a dog, not one of the metal detectors that they were using, but a human being went back and found new evidence. they are processing that evidence. now we also learned new details about the weapon that was recovered. that weapon, the commander says, does belong to the police officer who died. now, they won't tell us if that weapon was discharged or the cnn sources do tell us that it was. they also tell us that that weapon was recovered close to lieutenant gliniewicz body. we know that his body was recovered 50 yards from his cruiser, so, again, a lot of details, victor, that we don't know in this particular case. and, quite frankly, they tell us that they don't have video of

the actual crime happening. so they have video of the before and the after. but that critical piece, they don't have. so they are being very careful before they release names or better descriptions or images of potential suspects. >> rosa flores, after days of really vague information, hopefully, some leads coming from the discoveries as of late. thank you so much. let's dig deeper into the illinois officer's shooting investigation and bring back former fbi assistant director, cnn law enforcement analyst, tom fuentes. tom, the fbi reviewing the surveillance video. help us understand the decision, if they are looking for people, why not release at least stills or descriptions of these men? >> that's a good question, victor, and i don't know. we know the fbi is trying to assemble the videos from many different sources and put them into one series of chronologically ordered pictures

and videos. but we don't know, you know, how clear they are, what they have, and how many of them. you know, some of the videos were 24-hour loops that they have had to go through the whole sequence to try to find what the appropriate time is and then try to match the times up so that they are correct by sequence. but, you know, the decisions being made in this case to put so little out about descriptions, you know, is a little bit baffling. you really want descriptive data out there for the hundreds of officers that are looking for them, as well as, you know, the greater metropolitan area of chicago with over 4 million people, you want the eyes and ears of the public as well. so, you know, why they are holding that much back on that, i hope they will tell us later at some point. >> would that suggest -- i know in recovering past investigations -- that law enforcement often does not release a full description

because they know who these people are. they don't want them to go underground and they have to find them. is there any here to indicate that might be the case? >> it's hard to understand how they would have specific names and possibly addresses of suspects in this case, but it's not impossible. so if they have that kind of information, that would be a good point, that maybe they are setting up surveillance on known residences of either the individual or friends or families of them that they might to and not want to disturb them and go underground. withholding crime scene evidence is common. one of the reasons i should say, because many people out there will claim they did it and the police will get flooded with false claims, believe it or not, and so they need to have information withheld when they ask somebody, okay, what happened? how far away were you when you shot the officer? where did you put the gun? how far away was the gun? you know, go into specific details of the crime scene that

only the persons at that crime scene would know and that is why that kind of information is withheld. >> we have seen something similar in just the past few days with that report of a sighting that turned out to be a hoax, so officers not only dealing with digging through some leads, but dealing with people who have, unfortunately, nefarious intention. tom fuentes, good to have you. >> thank you, victor. let's switch gears to the race for the white house this morning. hillary clinton heads to new hampshire as new details, of course, are revealed regarding her e-mail server. an official from the clinton campaign tells "the washington post" the clinton family personally paid a state department staffer to maintain her private server. now the arrangement reportedly ensured that taxpayer dollars were not spent. meanwhile, that staffer, brian pagliano is expected to appear on a herg next week. we are seeing a shift.

hillary clinton seemed defensive initially about this whole subject. we are hearing some contrition from her now. >> reporter: absolutely right, christi. she is showing a lot more remorse about the controversy and the questions the use of her private e-mail server has created in that interview but said she is specifically sorry for the questions that the controversy has created but she really did not directly apologize for using that private e-mail server which is a very important distinction to make. here is what she said in an interview yesterday. >> at the end of the day, i am sorry that this has been confusing to people and has raised a lot of questions, but there are answers to all of these questions and i will continue to provide those answers and those answers have been confirmed and affirmed by the state department and by other government official and,

eventually, i'll get to testify in ub. and i'm sure a long and grueling time there but all of the questions. will be answered. >> reporter: clinton will try to change the subject today with a big campaign push here in new hampshire this morning and later today. this is, in part, to really minimize the gains that we have seen senator bernie sanders make in this state and we saw clinton take her first real shot at senator sanders in that same interview saying that anyone can wave their hands around and make a big speech but questioning are you really connecting to voters. this was a similar argument that actually she made in 2008 against then senator barack obama that someone could just make big speeches but questioning if you're actually making that connection. so certainly one small sign that senator sanders may be getting under clinton's skin. >> sunlen serfaty, thank you. donald trump facing critical questions about grilled on foreign policy.

he is refusing to talk about tactics and terror groups. we will talk about a part of this radio interview, a revealing part likely you have not heard. plus, the u.s. is considering some serious sanctions against china. we will tell you why coming up. and the thousands of refuges. finally some relief arriving in austria, many of them waiting to get to germany to seek asylum. we will take you there live in a moment. no student's ever photographed mean ms. colegrove. but your dell 2-in-1 laptop gives you the spunk for an unsanctioned selfie. that's that new gear feeling. all laptops on sale, save $230 on this dell 2-in-1. office depot officemax. gear up for school. gear up for great. every auto insurance policy has a number.

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only at a sleep number store. time is now for the biggest sale of the year, where all beds are on sale. save 50% on the labor day limited edition bed. know better sleep with sleep number. accidentally or intentional filipino or japanese ship, what would commander in chief donald trump do in response? >> somebody wrote a very good story about me recently and it was actually another businessman. said there is a certain unpredictability about trump that is great and made him a lot of money and success. you don't want to put -- you don't want to let people know

what you're going to do with respect to certain things that happen. >> that is gop front-runner donald trump facing one of the tough questions about foreign policy during that interview with conservative radio host hugh hewitt. we are two strategists with us. good to have both of you because. lisa, this philosophy of not discussing specifics not unique to trump, but do you think voters, especially with someone who is not a politician, typically doesn't deal with foreign policy, needs to offer more so voters can make the right decision? >> well, they do. particularly on foreign policy. i know that there has been accusations from dronelonald tr these were gotcha questions. hugh posed the same questions to carly fiorina and also equally

questions to jeb bush. these guys aren't running to be student body president. they are running to be the president of the united states, commander in chief overseeing the world's largest super power. the world's largest nuclear power. >> carly fiorina's answer went into some specifics that we didn't hear from donald trump. >> absolutely. i completely agree with lisa on this. i think the answer to the china question was just jaw droppingly insanely stupid. and what is even more stunning to me is it's fine to your point, victor, a lot of politicians refuse to answer

questions that are, you know, that are hypothetical, right? we have heard that in the past. the reasons he gave for not answering this one, because he wanted to be unpredictable, you know who else is unpredictable in the world, victor? kim yun-il in north korea. he's at 30% of republican voters in this country nationally. right now, he is looking to try to get others within the republican tent and, frankly, perhaps independents and democrats as he likes to say. we are at the point where now voters are really looking at him perhaps more seriously when they hear these kinds of answers, i think he is completely taking himself out of the running and

holf vote. >> i think you meant kim jung-un. but i get your point. >> i was not thinking a lot when i got in. there was so much work to be done. we had so many problems around the world. i didn't really stop and think. >> she says she didn't stop and think what kind of e-mail system there will be, talking about this private server. not 12 hours later, maria, "the washington post" confirms that a clinton campaign official confirms that the clinton's paid a state department staffer back in 2009 to maintain the server in her home. clearly, an inconsistency there, if not more. >> no, i don't think it's an inconsistency. i think what she was thinking about was not wasting taxpayer money on something that she was maintaining in her own home. look. she has been more contrite about

this than she ever has been, which i think is a good thing. because i think that that will help voters now look beyond this and if you take a look at her answers to this, they have been a lot more detailed, they will continue to be a lot more detailed. we see her staffers are coming in to be questioned by the committees. she is going to come and testify in late october in front of the committees as well which i also think is good. to her point, she will continue to provide those answers for those americans who do think that these are legitimate questions. but at the end of the day, victor, i think this is an important point, when she is out on the campaign trail, she never gets a question on this whole e-mail issue. >> that is true. >> from voters. >> what voters are looking to her to answer. >> that's not true, though. >> what are you going to do for me? >> the majority of the voters don't trust her. >> lisa, lisa! hang on! the voters do not ask her about this. people who ask her about this

are the media. >> maria, the number one issue that voters associate with her is the term liar. i'm glad maria brought your north korea earlier because hillary clinton e-mailed about the whereabouts of north korea nuclear assets. a top secret information that contained on her server. and the big problem is maria was talking about hillary clinton's staffers before. one of them that had detailed information on the e-mail server is pleading fifth from a perceptionally is an administration of guilt. hillary clinton is in big trouble here and the kind of interviews she did with nbc as of late. you know, apologizing for the confusing surrounding her e-mail. the tone deaf that is getting her in trouble with voters and she -- no, maria, let me talk. she joked about snap chat and her e-mails disappearing as if that is a good thing. >> that tone has changed, lisa. it's important to say -- we have got to wrap it up here but you said there is a perception of guilt. i mean, invoking one's fifth

amendment does not admit anything. >> real quick, though! real quick, please! >> ten seconds. >> we know she sent classified information. >> she broke -- >> classified information. >> yes, she did! let's be truthful! >> we have to wrap it up. >> she received. >> she sent it. >> we know she is -- >> we get this here every week! hopefully, you'll continue the conversation off line and keep watching. >> we always learn from them. insight. it's a great conversation. listen. there is a story we have monitorsing all morning. some of the latest pictures we want to share with you now. thousands of refuges are arriving in austria and on their way to germany. what awaits them there. we will have a live report for you coming up. imagine - she won't have to remember passwords. or obsess about security. she'll log in with her smile. he'll have his very own personal assistant. and this guy won't just surf the web.

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checking out other stories making headlines this morning. coming up on the bottom of the hour. the u.s. is considering sanctions against china. they say no final decision has been reached but not the first time u.s. has sanctioned china. past convictions including markets and supporting terrorism. sad news this morning. in louisiana, a local high school football player at franklin parish high school has died from injuries while playing in a game last night. a football game. according to the coroner's office, campbell died after transported to a medical center.

tie rel died from injuries sustained in a football game. police are investigating a shooting death after 16-year-old boy at the hands of his 11-year-old neighbor. the 11-year-old boy says his neighbor was breaking new but some neighbors are disputing that claim. we will have more on the investigation coming up in about 15 minutes. in arizona, access to the river raft launch near glenn canyon dam is closed today. authorities estimate a 500,000-pound rock, a slab there, is loose. it could fall from the canyon wall into the river below. geologists are working with scaling crew to install bolts and better secure it. europe is struggling with a flood of refuges coming in every day. we are welcoming tens of thousands of people, but it's not easy to accommodate everyone. you see the crowds here arriving in austria. the question -- where do they go from here? we will take you there to the border next. plus, a 10-year-old boy's

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morning we are getting new pictures from the thousands of refuges arriving in austria this morning. they are tired, they are hungry. you saw the smile on that girl's face and people are cheering on the austrian side of the border. a far cry from the desperate situation over the past few days, waiting for days, more than a week for some, in a budapest train station. hungarian authorities refused to let them go without a document. some started walking and buses came to pick them up. these are the those streaming into europe from the conflict zones. you see the map here. we have frederik pleitgen at a train station in austria on the phone with us. what are you seeing there, fred? >> reporter: it's a remarkable seen here, victor. this entire train station is

completely crowded with people. most of them, of course, from syria. but it's also quite remarkable scene in that the local people in this very small village have come out and they have just brought an immense amount of donation here you see a lot of water and food and a stand full of slojs aclothes and shoes her. the train station is a key place because this is where the refuges tried to get trains to austria and germany. train has come to the station that is supposed to go to austria and then to munich, in germany. and that is why this big scrum of refuges has now gathered in front of that train. the authorities here are trying to put them on there one-by-one to do this in an orderly way, otherwise, this train would be completely overcrowded. you can just see the desperation these people still feel and how badly they want to move on to finally get to a location where

they can settle down again. >> fred, any indication of how many of these people, maybe even ann hope to stay in austria there? >> reporter: that's a very good question. i would say the vast majority want to stay in germany. they want to make that juourney to vienna and stay in germany but some want to stay in austria. the moment they go over the border from hungary, they have to tell the austrian authorities they want asylum and they get transferred to a different place. a shelter near the border area where they can go to. also, i've spoken to a lot of people who just wanted to get to western europe. they really don't know where they want to go or what is going to be next for them. they just wanted to get to -- outside of hungary. they want to get to western europe and see where they go from there. a lot of it also is not really

in their hand. once they get to the munich train station, the german authorities, at least for the beginning time, replace them somewhere into a temporary shelter until they are asylum applications is processed. a lot of this is out of their hands. a lot has a sense where they want to go and a lot of them really want to get this far and they want to see how they go along. >> we have live pictures up on the screen now of the crowds there waiting to get on this train, hopefully, to vienna, as you describe, and then maybe on to munich. as people are -- maybe not clear where they are going. they just know where they are is better than where they have been. frederik pleitgen on the phone for us, thanks so much. cnn global affairs analyst bobby ghos is joining us now. how is hungary not able to let the refuges go to germany. if the eu continues to allow refuges to come in, europeans would become a minority in their

own continent. does that sum it up? >> that's a big part of it. you have a government in hungary that has a record of being, quite openly, islam phobic and racist even and an unfortunate situation in hungary. fortunately a lot of hungarians feel different from the government and we have seen that in some of the treatment ordinary citizens have given these. hungary has another problem. i suspect it worries if it allows these refuges through then others will follow and it will become a conduit. that shents be a big problem if they provide a smooth transportation and passage through the country, but they are worried more people will come and their infrastructure will than overwhelmed. >> how country do you think they can accommodate? >> it's hard to put a number on on this but you're seeing such

varied responses from different european countries. germany says it can take 800 thousand that is a significant number and more than the number of refuges in jordan and tiny finland, a country whose economy has struck three years in a row, tiny finland said it will take 30,000 people and that is a big chunk. in the uk they are arguing over a few hundred. it's hard to put a number on how many europe can take, but it's safe to say a lot more than they have before. >> the state department spokesman told cnn's brianna keilar that the u.s. is prepared to take in and most likely accept about 3,000 refuges from that region the end of the year. do you suspect or anticipate that number should go higher? >> if finland can take 30,000 and united states can take more

from argentina who said they would open their doors. the u.s. is a considerable distance farther away but that has not stopped in the past. historically, people have made the jurn yourney to the united s from even greater distances. a country that is involved directly and indirectly in the syrian crisis. the u.s. does have a bigger role to play. but in addition to taking more people, there are other things the united states can do. it can provide aid, it can provide, you know, the army corps of engineers can build camps and reasonable shelters and housing in other parts of the world for these refuges and countries that don't have that kind of engineering and technical skill and the u.s. could put pressure on the arab

countries that take none. president obama met the king from saudi arabia yesterday. saudi arabia takes no syrian refuges. that is unacceptable. they give money but money by itself is not enough. >> certainly based on the pictures that we are seeing, it's finally something that is really coming to the forefront that people are becoming aware of and need to be, no doubt about it. bobby ghosh, thank you for your than sight. >> thank you. a 10-year-old boy in florida is hospitalized after his house was sprayed for termites. now a criminal investigation is opened and we will tell you what happened and who is involved here. a teenager killed allegedly breaking into a home and shot by the 11-year-old inside. but there are claims that that story is not true. we will tell you what a neighbor says really happened.

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>> reporter: this is peyton mcally last year celebrating his ninth birthday with friends. a year later he is spending his tenth birthday at miami children's hospital suffering from brain disorder. according to the family's lawyer, the pest control country called sunlen a subcontractor of term terminex used a gas called sulforo fluoride. two days later the family was told it was safe to return but the family all quickly got sick. peyton's condition was the worst. >> he was -- his eyes rolling and legs weren't working. he couldn't hold himself up. >> reporter: the fourth grader who loves playing sports and is known for his smarts and wit now has trouble speaking and moving his arms and legs. his uncle told cnn that peyton

has lost 90% of his motor skills. >> he still got his sense of humor and he still has his personality, but he has got to be so frustrated that he knows what he wants to say and he knows what he wants to do, and he just can't do it. it's very hard to watch! >> reporter: a source tells cnn the department of justice and the epa are now investigating. terminex responding saying we are saddened to letter earn of this and our hearts are with the family. we are carefully reviewing the matter. peyton isn't the first to fall ill this year after a botched terminex fumigation. in march a family of four vacation i vacationi vacationing came ill. methyl bromide is not approved for use in the united states and six months later as that family continues to struggle to

recover, the d.o.j. is investigating what led to their poisoning. the epa found other instances where there were improper application of pesticides. . sunlen pest control did not respond to our calls for comment. the family of little peyton has set up a go fund me page to help raise money for his parents so they can take time off of work to be with him while he recovers. >> your heart breaks for that dad. he says he knows what he has to do, but he just can't do it. sara, thank you so much. an alleged teenage home inintruder shot debt by an 11-year-old boy. different stories this morning, though. one neighbor claiming that teenager never entered the house.

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in stth st. louis, a 16-year-old is dead. the teenager, the 16-year-old allegedly tried to break into the house while that boy was home alone with his younger sister. as stephanie found out, exactly what happened is not so clear cut. >> an 11-year-old boy and his 4-year-old sister were in this house on thursday afternoon alone before their mother returned home there was a dead body on the porch. >> not one of the children

inside, but an alleged hope intruder with a single gunshot wound to the head. police say he was just a child himself, age 16. along with another person that tried to enter that house two times earlier that day. >> he was shot by an 11-year-old male that resides there. >> the boy jumped up, went towards her, laid down, and he land in his doorway. >> but a neighbor tells cnn affiliate kmov, the boy never tried to enter the house. they were just loudba back and forth. >> the neighbor says he was not trying to break in at all, just trying to sell him his phone.

she saw the 11-year-old in front of the house earlier that day waving the gun around. physical evidence shows that the deseated was shot while inside the residence. they say the shooter's mother is cooperating. officers say she purchased the gun for protection after previous robbery attempts. >> the access to guns for children, which is what they are, is scarey and it should be a concern for the police and every citizen out there. >> the 16-year-old allegedly had a person at the scene helping him earlier in the day. >> stephanie, thank you, now to what we're monitoring this morning. thousands of refugees. they're now arriving in austria, most of them to germany where

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tim tebow will find out today if he made the philadelphia eagles. he has been out of the league for a few years. >> a nine year nfl veteran, you look at tim tebow, what are his chances? >> i think his chances are pretty good. when the news that matt barkley was traded away to the arizona cardinals, twitter and facebook erupted. it looks like tebow will be flying high with the eagles this year. we said how big of an impact will tim tebow have this season. it starts off pretty optimistic. tim is a winner. he brings people together. his effect in the locker room alone will be huge. stewart says he will be a useful addition as a back in short yardage situations. and none whatever, awful qb.

and david says i have a friend threatening to gift public highway tebow jersey. does punching him count as an impact. he is such a polarizing character. i think the nfl is a better place when tebow is in it. >> thank you for your voice in that as well. we have a lot going on this morning, so much coming in from around the world. >> the next hour of "new day" starts right now. a trek for freedom and a better life, thousands of mie grants now arrived in austria and crossing over in hungary. hundreds more following the same pattern. >> and definal even in jail, a kentucky county clerk sits behind bars from not handing out marriage licenses. her attorney says the shocking

marriage licenses granted are not valid. >> and hillary clinton defending her use of a private server while secretary of state, and word that a state department staffer may have help her run that e-mail. >> thank you for making time with us this morning, i'm christie paul. >> i'm victor black well. >> we want to begin at a strain station in austria with you here. thousands of refugees are trying to get on trains to go to germany. they arrived in austria this morning. they were bussed when they tried to walk to germany from budapest. >> and waiting for days at a budapest train station. authorities refused to let them go out a i have iswithout visas

proper documents. fred, what are you seeing there? >> victor and christie, there was unbelievable scenes as they finally made it to the border between hungary and austria. they're so tired, exhausted, they have had such a difficult journey, but they got off their buses and made their way on foot. there was nothing but smiles. people were laughing, children were carrying soccer balls, and that is of course because of their kournny up until now has been so difficult. especially as they were trying to get through hungary. the railway company refused to take them here to austria and to germany saying first they have to apply for asylum in hungary.

many didn't want to because they felt mistreated. then the government finally relented. many refugees here did not believe they would bring them here to the border. the buses did finally make their way, and the folks here will be puter put into she put into shelters if they want, or on buses and trains to germany. many people want to make germany their final destination. >> fred, thank you so much. let's go now to this controversial county clerk kim davis. she is on contempt charges for refusing to make ladies and gentlemen of the jury licenses for same sex couples. she says the ones that went to

couples are worthless. and that mike huckabee will be there on tuesday to visit and there will be a rally. i wonder beyond former governor huckabee, what has been the reaction of the jailing of davis there. >> i spoke to same sex couples who got their ladies and gentlemen of the jury license yesterday, and they their objective was not to see kim davis go to jail. they're interest was to obtain the marriage license they were entitled to. it is kim davis's supporters who believe her religious liberties are being trampled. she says from jail she is committed to fighting this fight. >> she never anticipated being

here in an orange jump suit, being treated like a prisoner in cell 151. she is here, she accepts that. one thing she know social security that she loves god, people, her job, and she can't violate her conscious. if that means she is here for a longer period of time, she is prepared to be here. >> a judge said that she could leave jail if she agreed to authorize the marriage licenses, or if she agreed to not interfere with the process. that was not acceptable for kim davis who remains in the jail today. her attorney says he will appeal the contempt of court order that sent her here in the first place. >> thank you so much. >> let's bring in scott bolden in on this. is it possible in any way that those larnl licenses in the last few day that's have been granted are invalid? >> no, they're more than valid.

the federal judge issued an order on this issue. the order sere that given the judiciary and their role and our separation of the executive and the legislate clur be in force until it is overturned. if it is overturned by the court of appeals. it will be a difficult time for [ applause ] davis and her attorney. no court that looked at this has ever indicates that religious freedoms will trump what the law of the land is, and that the law of the land for same sex couples or regarding any couple in this country. we have a separation of church and state. >> now, a lot of people are wondering about her religious freedoms and rights as well high pressure ryan anderson, from a washington based conservative think tank, says kentucky

accommodates consciousness objectivers. >> the court indicated an issue or statement consistent with that. but it is [ applause ] davis driving the action here. she is k be an objector if she wants to be, but she has to uphold the law. the doesn't have the right to be county clerk if she is not going to uphold the law. if she agrees to allow those licenses to be issued and not to on instruct the issuance of those licenses, she can leave jail. the contempters in every case, they hold the keys to the jail cell. ms. davis holds the keys, she has to just implement the law. >> when we look at how long should could be in jail, is it until the legislature meets

again and could do something about this, or the end of her term as clerk. >> that is a very interesting question. it could be either or. i can tell you that behind the scenes there is a ton of deals and discussions trying to be worked out to avoid her staying in jail. no one wants her in jail. if her term is up, there will be v to be an election, or she will be brought back to court on tuesday and the questions will be presented to her again. and the alternative, ultimately, she can be impeached or simply she can resign from the position and say her religious believes are more important to her than serving the public spp. >> and just for clarification here, her attorney says legalizing same sex marriage violates her conscious. help us understand her personal

individual rights as a public servant. is there any negotiation there or is it black and white? the federal courts have said that. now that being said, when you put her rights with her public duty, it is black and white. these are mutually exclusive issues bhap is happening here is davis, her attorney, and her supporters are trying to link the two and say she has a right to go go both ways. she has a right to be the county clerk and to impose that believe on the public. here lies the problem. she will have to decide what is most port to her. because otherwise he have be impeached, elected, or defeated in some election, or she will have to resign and remain in jail. none of those are attractive or

appealing but those are her options. >> thank you so much for all of the clarification today, we appreciate it as always. >> thank you for having me. >> in the 10:00 hour we'll talk to the attorney for kim davis about how long this fight could potentially last and how long she in for it, and talk about statements she made when she was elected last november. and if those statements might be coming back to haunt her. >> and hillary clinton says she will continue to provide answers about her private e-mail server, but there is evidence that perhaps someone was paid to run the private e-mail server. could 2016 be the year of the outsiders? how far are voters prepared to go to reject the establishment. >> and new evidence in the killikil

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to sat fie her critics. we're live in new hampshire this morning and clinton is now offering these words of contrition. a change in tone. what are we expecting as she arrived in new hampshire and the days and weeks go on? >> that's right, st has been a small shift in tone from clinton. she is starting to show a pit more remorse as this controversy continues to dog her and her cam pane. she expressed some sorry for the controversy, but important to note that she did not, and she refused to flat out directly apologize for making the decision to use that e-mail server in the first place. here is more of that e-mail from yesterday. >> at the end of the day, i'm sorry that this has been confusing to people and has raised a lot of questions. but there are answers to all of these questions and i will

continue to provide those answers and they have been confirmed and affirmed by the state department and other government officials. ev eventually i will get to testify in public about it. >> she is making a big push in the state today. we have seen senator bernie sanders draw big crowd ere hoo in the state, and we saw clinton take her first shot at sanders gled that interview making a comment saying anyone can make a big gathering and speech. this is a argument she would make in 2008 about president

obama at the time. >> we also know the clinton campaign is spending $4 million in ads in ohio and new hampshire. we' -- iowa and new hampshire. a tough morning for high school students and families in louisiana. one of their football players died yesterday during the game. we're going to tell you what happened. also, do cops have targets on their backs? why a recent wave of officer killings have some feeling unsieunder siege in the line of duty. it plumps skin cells with intense hydration and locks it in. for supple, hydrated skin. hydro boost. from neutrogena

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sad news coming in this morning from loiz. a player died from injuries while playing a game last night. according to the coroners office. his hood said tyrell will live on in the memory of those who loved him. prayers for his family. >> meanwhile in florida this morning, caleb jackson was sentenced to four years for the hazing death of a former band member, jackson. he was given more than three years create for time served. cha champion collapsed and died after being beaten during a

hazing ritual. plus -- a sorrowful goodbye to a husband, father, deputy sheriff. thousands of mourners gathered for a final salute to deputy darryn goforth. he was shot in the back and killed execution style while fuelling his patrol car. he leaves behind a wife and two children, ageing five and 12. >> police in illinois are now in day five of their man hunt looking for a slain officer. there is new significant evidence. also, officers across the country are on edge after a spike of recent officer killings. what is behind the attacks and unique challenges facing them today. >> on labor day, new faces versus old.

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approaching the bottom of the hour now. . they are looking for three men, two white, one black, and the officer's weapon was also recovered at the scene. it is unclear at this point if he was using that weapon or shot by his own weapon. let's go rosa flores who is in fox lake. what do we know about the new evidence? >> nighters are calling it significant evidence. we know that it was recovered four days after the crime happened. this was recovered at the scene while they had evidence technicians go back and look for more evidence.

they were scouring the scene inch by inch trying to figure out if they could find more clues. they're not telling us what it is, but about the surveillance video you mentioned, you had videos from businesses and homes, but now they say they have evidence from the d.o.t., the department of transportation here. so presumably they have video of vehicles and foot traffic in that area and they're hoping they can find the faces of the three alleged pillars. >> yes, i understand that you spoke with some of your lieutenant's friends, what did you learn from him? >> they are his army buddies, they just absolutely add minor and are here from different parts of the country to honor

lieutenant gliniewicz. they say they met him at 17 and 18 years old in basic training and they looked up to him so much. they say he taught us what we know now. take a listen. >> immediately he became one of the guys that we want to emulate. they call him g.i. joe for a reason. he was a role model to young soldiers. he taught us how to be men. >> now they are here for gliniewicz funeral. it is scheduled for monday. they plan to be here. more than 1,000 law enforcement are expected to be here. his three friends are also law enforcement from the region. so victor, as thousands descend

on this town to mourn, we can't forget that three suspected killers are still on the loose. >> yes, that memorial behind you continues to grow, thank you so much. >> this wave of high profile cop killings left officers across the country feeling as though they're undersiege. like they're vulnerable on the job, like they have a target on their back. >> yes, it prompted us to look into the numbers to see if there is a spike in officers killed in the line of duty. according to the officer down web page, 2015 is on pace to be with one of the lowest numbers

of police officer killings. >> a man hunt under way for a man wanted for killing a police officer. a sheriff's deputy gunned down at a gas station. another shot and killed on a traffic stop. that is just in the last five weeks. >> by comparison, it is less than the number of officers shot and killed off of last year when 47 were victim to gunfire according to the nonprofit officer down memorial page. the numbers may be down, but it is a sentiment of vulnerability and that is according to sedric alexander. >> there are real challenges in this country right now if is a very tough time to be a police officer at this moment. >> the charged rhetoric has it

been about holding officers accountable, fair police contracts. >> activists and organizer says the black lives matter movement is not to blame for the recent violent attacks on police. >> it has been about ending violence. >> even so, chants like this at a walk in minnesota, and graffiti like this makes more cops on edge. >> this is out of control. black lives matter, cop lives matter wbl matter, so why don't we just say lives matter. >> some blame it on the recent wave of police killings and others just don't believe that. officers i have spoken to say the current climate is certainly enough to take notice across the country. >> thank you, we want per speck 2i6 here from matthew, a former

atf executive. in that story we just ran, matthew, sedric alexander said it is a tough time to be a police officer that the moment. do you agree with that and why? >> i think that it is for several reasons. number one as we talked about the other day, the optics of our lives have changed now and we're under a lot of scrutiny for a variety of reasons. things that people once heard they can now see. officers actions on that very critical patrol are at high of influence, and their just being profiled. if you look at the numbers they show us very clearly they are very consistent from 1980 to now with an average of 63 officers killed by gun shot every year. >> i would assume that anxiety

they feel is carried into the workplace. what are the conversations being had in police officers across the country right now. what is the biggest concern? >> i think you see it playing out every day. a lot of departments have officers that feel like no one cars what they do. another interesting and telling statistic here is if you look at the idea that nothing has changed in terms of the number of officers killed in patrol, in patrol you're at that level you're dealing with people at their level. and we're still targets. we're targets out there, we're visible, and that's where you a violent interaction with people most often. >> a lot of people say part of the answer here is community. getting a cohesive attitude between cops and the community they serve. how do you do that? >> i have to agree with sedric alexander. i'm also a member of n.o.b.l.e.

it is very difficult to be a law enforcement now and it has always been difficult. when i went through the police academy they say you will be sued, and you have to go home at night. preserve your weapon and ensure you're not a victim. that has not changed in 30 and 40 years. we have to get to the point where the community understands our jobs and we understand community. i think a big way to get through them is citizen academies. putting people in a position where they understand what law enforcement officers face day in and day out and quiet the rhetoric down on both sides of the fence. i never met a police officer that went to work saying i want to kill someone today, but a lot of people out there will target police. fortunately there is less people that will carry through with it or the numbers would be higher. >> thank you for being with us,

matthew. >> have a great day. >> thank you, sir, you too. thousands of refugees are getting on trains headed to germany. we're going to look at where all of these people will end up. donald trump flubs on foreign policy, are g.o.p. voters in such need of an outsider they're willing to overlook the flubs? my doctor told me about stelara® it helps keep my skin clearer. with only 4 doses a year after 2 starter doses... ...stelara® helps me be in season. stelara® may lower your ability to fight infections and increase your risk of infections. some serious infections require hospitalization. before starting stelara® your doctor should test for tuberculosis. stelara® may increase your risk of cancer. always tell your doctor if you have any sign of infection, have had cancer, or if you develop any new skin growths.

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this morning thousands of

refugees are rushing on to trains in austria desperate to get to germany where they were promised asylum. every day thousands of them are flooding into europe from war zones. here is the map. the e.u. has a pretty high rate of acceptance. germany is a country welcoming them. they allowed nearly 42,000 to come to germany this year and they promise to take in more. brian todd has more for us, brian? >> some analysts are saying that right now this migrant crisis is a victory for isis at least a temporary one. migrants are streaming into european union countries. most of the migrants right now are coming from syria. it is chaos, mass desperation, and from the perspective of isis, it's enemies in europe are

taking a major hit. >> confronts police, throwing stones, getting tear gassed. slammed up against fences, scrambling to board trains, walking long distances on highways sufficienting and dieing along the way. hundreds and thousands of migrants have streamed into europe burden of proof are they coming from and where are they going? according to europe's border monitoring agency, it is syria, afghanistan, and pakistan. >> they are traveling either from syria by land through greece, some are coming across to greece, up to the republic of macedonia, and they're getting stopped in hungary. germany is their ultimate destination.

>> germany expects 800,000 migrants by year end. the fact that so many are now fleeing syria has analysts pointing to a common and disturbing thread. >> isis is a major factor here. >> there are other factors like the turmoil in libya, but analysts say the war against isis, which president obama labelled a j.v. team last year made syria uninhabitable for just about anyone who wants to fight. they have destabilized isis' ene enemie enemies. >> as isis sees it, it is chaos in europe right now and it is played out hourly around the clock on television shows. it is a psychological and

information victory in the short run for isis. >> and possibly another opportunity, with so many migrants streaming into europe, isis could infiltrate and smuggle their sympathizers into europe with them. >> thank you, we appreciate it. back to politics here. some gotcha questions they have been dubbed by some. will voters look past policy to get their candidate, their outsider, into the white house? >> and a deadly make the is on the loose and causing a lot of concern. a king cobra out there somewhere.

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interview with hugh hewitt. he had this exchange over a hypothetical situation with china. >> if china was to accidentally or intentionally sing a filipino ship. someone wrote a very good story about me recently. there is a certain unpredictability about trump that is great and it made him a lot of money and success. you don't want to put -- and you don't want to let people know what you're going to do with respect to certain things that happen. >> let's talk more about this with cnn political analyst josh r rogan and jeffrey lord. considering that voters don't

know much about the approach to foreign policy, doesn't he need to offer more? >> i think that right there, that bite you had there on china, that is straight out of the art of war. one of the oldest text books about how to fight a war. be as dark an impenetrable at 9 nigh -- night. you don't have to have the details, but you need basic, sound judgment. it's not at important as i think ronald reagan may have eluded at one point it's more important the bad guys know his name than him knowing their names. >> his stumbling and combined with disstain for foreign policy

knowledge. trump says as we heard from jeffrey there, you just need to have judgment. he will learn the names when it matters. >> first, i don't think the current diplomacy is relevant to the art of war. we're trying to avoid war and that is based on diplomacy and ainsurances and checks and balances we have established that trump his answers to all of these kwes are it's a secret, and trust me i will figure it out later. and that also just doesn't cut it.

the 3:00 a.m. phone call is a reference to a hillary clinton campaign had against barack obama in 2008. they need to trust that when he picks up the phone, he will have the answers already. >> preparedness and being ready on day one. let's put up the latest numbers from the most recent poll in which donald truch has 30%. you have a retired nur row surgeon. you throw in carly fiorina. and nearly half of respondents want someone from outside of washington to win the white house. how much wiggle room and leniency are they willing to give. >> a lots. in listening to that reference there, so we got the

"experienced hillary clinton," the secretary of state, the 3:00 a.m. phone call came, and she batched it with benghazi. this is a classic washington insiderdom. they would have all of these detailed plans and go on endlessly about this stuff and he would say my philosophy on the cold war is we win, they lose. they called him a simpleton. the base is tired of this thing. it doesn't work and they have had it. >> we know that every cycle there is a different priority for the elector rate. sometimes it is national security, sometimes it is jobs and the economy. in 2008 it is just change. they wanted to go in a different direction at that time. do we have any indication of how important fols policy and this approach to terror, how important they are to the elector rate this cycle?

>> what we know is that because hillary clinton is likely to be the democrat candidate, that foreign policy will feature prominently, and it will be part of the debates and the discussion. and that is donald trump prepared and it doesn't seem that he is taking it very seriously at all. that is the most troubling aspect here. it doesn't make any sense on their face. people don't necessarily need an insider or someone with experience. they want someone who is thoughtful and has people around him who is smart. it will not be enough for voters to say okay,ly be great with the military. it is assaulting and condescending and when that moment comes, they want someone who will give us a vision of the

world. >> thank you, bol. >> thanks, victor. be sure to tune in for the next debate. it is wednesday, september 16th at 6:00 eastern. with the fastest retinol formula available, it works on fine lines and even deep wrinkles. you'll see younger looking skin in just one week. stop hoping for results, and start seeing them. rapid wrinkle repair... ...and for dark spots rapid tone repair. from neutrogena®. can a a subconscious. mind? a knack for predicting the future. reflexes faster than the speed of thought.

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and eight foot king cobra snake is missing in orlando. >> eight feet long, the size of most doorways, not too big as far as king cobras are concerned, but this missing reptile has venom powerful enough to kill an elephant. >> i understand they have poison and they will attack. >> neighbors on edge and on alert as they look for the snake belonging to the owner, mike kennedy. >> there you go, look at that. >> this youtube video is one of many online showing him handling

snakes, pilots, and he is passionate about saving deadly animals. it slithered out of it's cage after damaging storms that damaged the building where the cage was. >> king cobras have very large home ranges. this creature can quickly disappear in the undergrowth and it is literally trying to find a cobra in a hay stack. >> then there is the possibility it will never be found. the thought of that is unnerving to those who live near by. >> that worries me that they'll give up, we won't hear any more

about it, and what, we just have to watch where we step. >> kennedy did not want to talk to keira knightley on camera, but told us he has not had the animal for very long, adding the cobra is afraid of humans and is more likely to shy away than to attack. >> thank you for watching this morning. "smerconnish" starts now. i'm michael smerconish. our political season is well under way and we'll get into it with some great guests. is this woman in jail because she being her denied her religious freedom, or is she more like an american version of the taliban? and hillary clinton finally speaks out about her e-mail scandal but refuses to fully