early findings that classified information was sent to clinton's personal e-mail. maybe these teeth are only baby teeth. the review says it is unclear if the contents were marked classified at the time. meanwhile, the republicans ramping up attacks for clinton. cnns team coverage begins with jeff. good morning, jeff. >> good morning, alisyn. the drip, drip, drip of the clinton e-mail controversy intensifies. they are confirming a report that two e-mails on the private account contained private information and were top secret. this is as they move into a new phase of their fall fight. renewed questions this morning about the findings of former secretary of state hillary clinton's e-mail probe. "the new york times" reporting an intelligence review of an

e-mail clinton received in 2009 and 2011 found they were top secret, one to north korea's nuclear program and the intelligence agency backs up a similar conclusion made in july by the inspector general. the clinton campaign disputes it saying she did not send or mark anything classified. secretary clinton also told the associated press why she won't apologize for using a private e-mail server saying what i did was allowed by the state department. clinton made the comments over labor day weekend visiting iowa and vowing to take on republicans. >> i am a true democrat. i believe our values are the right ones for america and i'm going to fight for them. >> reporter: a poll shows clinton support slipping as bernie sanders surges in iowa and new hampshire. sanders suddenly sharing a stage

with the front-runner. >> feeling good about the poll and the support we are getting here today. >> reporter: then the wild card of vice president, joe biden, who is officially on the fence. >> i hope you run, man, i hope you run. >> hey, guys. >> reporter: his labor day visit to pittsburgh had the look at feel of a campaign event. >> run joe run! >> reporter: they were urging biden to jump in. >> i'm mad. i'm angry. when the middle class does well, the wealthy do very well and the poor have a way up. organize, organize, organize. >> joe biden was clearly enjoying that moment in the spotlight as he inches closer to making decision about 2016. until then, the race is in a holding pattern as clinton presses forward launching another campaign reset. she's trying to put the

controversy behind her. after months of no interviews, she opening up, appearing on the ellen degeneres show and giving more interviews. >> thanks for all that. the labor day push is on with many candidates crisscrossing and carley fiorina going on the offensive. >> good morning, alisyn. labor day has been the unofficial start of the campaign season and it looked like that in new hampshire where you have a lot of candidates. carley fiorina is an outsider, nonpolitician candidate who is surging in the polls. she was up in new hampshire, so were scott walker and john kasich. walker appeared at an event on a motorcycle. several were in a parade in new hampshire. hillary clinton on her comments comparing republican who is hold conservative views on abortion

and women's reproduction rights and terrorists. she didn't stop there, take a listen. >> boohoo mrs. clinton. i mean mrs. clinton is the same person who compared republicans to terrorists. for heaven's sakes, i wish mr. trump would throw more heat hillary clinton's way. i feel as though i'm the only candidate who has been critical of her. >> so, that was something of a twofer there hitting hillary clinton and donald trump. fiorina has been taking it to clinton from the beginning of the campaign and she wants help from fellow candidates. we'll see if trump occasional blasts to hillary clinton steps up. meanwhile, kim davis is getting high profile political support today. republican presidential candidate, mike huckabee, plans to meet with davis and hold a rally outside the jail where she's spending a sixth day for

refusing to issue marriage licenses. her lawyers filed an emergency appeal for her release. a lot to get to with martin savidge, good morning to you, martin. >> reporter: good morning. it's going to be a very big day in a small town. mike huckabee spoke on the telephone to kim davis. this is going to be his opportunity to meet with her face-to-face inside the jail cell, then hold a rally after that. it's called the, i'm with kim liberty rally. the crowds are expected to be so large they canceled area schools to try to alleviate the traffic problems. there were rallies in support of davis outside this facility over the weekend. as you point out, her attorneys have been busy filing appeals. they have appealed to the governor of the state asking he issue an order. the governor said he is not going to do that. this has reignited the debate

over the right to same-sex marriage and the limitations on freedom of religion. over the weekend, one of the attorney's met with miss davis. ift was actually yesterday. he said, this is how he described her demeanor. gentleness and is at peace. her spirits remain high. she was brought to tears when she heard so many people outside the jail and around the country are praying for her. she will hear the rally in her support later today. >> curious they are cancelling some classes because of this. thanks to martin. >> let's discuss cnn political analyst for "the new york times" and political commentator errol. good to have you here. let's start with that. this is more than kim davis. this is a reapproach for a

certain part of the republican party that wants to make the assault on culture more mainframe. do you think mike huckabee wants kim davis in jail or out of jail? >> today, he wants to re-enact letter from a birmingham jail. there's a lot of civil rights imagery heaped on kim davis, inappropriately, in my opinion. they are going to try to play that out. it's a weak hand politically. i think most people understand, first of all, 49% of the country is in favor of same-sex marriage. the tide is going in that direction. the supreme court ruled on this. this is done. you are not going to overrule it because of a local clerk. as agonizing as it may be, we have to, you know, a nation of laws. you have to go where the law takes us, whether you like it or

not. everybody understands that, including huckabee. >> i want to shift gears about hillary clinton's e-mails. according to the cia and another intelligence agency, two e-mails were classified. they were classified as top secret. they say when she received them. state department and hillary clinton campaign say no, they weren't. they were classified after the fact. who is going to tell us the answer to this? where is the answer? >> i think we are going to do a version of this for a long time. i think you are going to have other e-mails that come out and be designated as classified at the time. there will be a debate whether they were marked or not. i never sent or received anything marked. she received them, didn't send them. we are going to continue this way for a while. >> tell why. different agencies deal with classified information in different ways. >> they deal with classified

information in different ways. two, we haven't seen the e-mails. we don't know what the contents were. whoever the senator was and described in their own way and put into an e-mail. this is not a cut and dry issue. >> one more thing, chris and i were having a debate yesterday on the show with a clinton surrogate whether or not voters ask her about this on the campaign trail. when you cover her, are voters asking her about this? >> voters are not raising their hand and asking her about this. she has held town halls. her folks make this point, to be fair, they take questions. they say they are not prescreened. she's done local interviews. voters are interested in it and aware of it. when i was on the trail with her, this was prior to the latest issue with the security

probe with the fbi or the security review. over the july 4th holiday. supporters of her or perspective reporters say i worry about the speed bumps with her. i said what speed bumps? the e-mail issue. i wish she would answer the questions. this is, at least in the back of mind for voters, whether it's the most prominent is debatable. >> it's metaphor, isn't it? at the end of the day, the answer is, this is a window into the intelligence work that we are never going to understand or satisfy anybody's appetite. no less than phil mud, the counterterrorism guru. we all say different things. i'm not going to agree with everybody about what is classified. it is a window into how she handles it. how she handles a situation when she wants to do it her own way. isn't that a legitimate, hard

cement way to look at a candidate? fair appraisal? >> absolutely. what mer getting at is the notion that if you are a supporter, a democrat, you are okay with clinton, where are the talking points? explain it to me. if you are a local leader. as we go into the fourth clinton campaign since 1992 and people had to explain the impeachment and all kind of stuff, travelgate, all kind of stuff from the past. there's a weight that settles on the supporters that say oh, no, not again. >> that's right. people are tired of feeling like they have to defend. this classification, that eesz not the same as asking the question of why did you set your e-mail up in the first place? that's a legitimate question. >> you can't blame the flies. both of them said the same

thing, the media have it out for her. yes, your paper did come out saying she wasn't crazy about the coverage. you can't blame the flies. it was about you, maggie. the flies come. you know? we know what they are attracted to. you, as the candidate have to control how much you create like this. this is on clinton as much as anybody else. she made the decision to have the server. >> she is relying on the public to either focus on something more important or decide there's nothing they can understand about it. that it's not worth investing a lot of time in it. >> enter stage left, joe biden, possibly. >> running. >> so, he seemed like a candidate. he was energized. he was mixing it up with the crowd. but, somebody yelled at him, are you going to run. here was joe biden's response

yesterday. >> nobody to stand between us and the major -- you have to talk to my wife about that. i have to talk to my wife about that. >> doesn't that mean no? doesn't that mean his wife doesn't want him to run? if he has to talk to his wife, does that mean no? >> jeb bush said stuff like that. everybody that said they were not going to run has run. i think what joe biden has gone through is impossible to imagine. he lost his son. this is hard. friends will describe this as part of his grieving process. it doesn't mean he doesn't run. there have been lots of report that is his wife has very mixed emotions about him running. he was attached to bo biden. when he says i have to assess with my family whether we have the emotional energy to run, it

is very, very true. it's hard to predict. >> he deserves the time. the delay is not compromising the election. thank you very much. as we know you will be, you should too, ready to tune in the 16th when cnn covers the next debate. coverage at 6:00 p.m., then 8:00 p.m. scenes playing out in europe. a crisis there. migrants crisis is escalating. hundreds of refugees clashing with officers in hungary who stormed past armed police. we begin with arwa damon, live along the serbian/hungary border. explain what is scene is like now, arwa. >> reporter: well, this is the fence that hungary put up. it will eventually be permanent.

for now, it's this wire. perhaps indicative of the experience that the refugees and migrants have here and why they were so desperate to break out of that transit camp. when we went by there earlier, people who we spoke to said they simply could not tolerate the conditions and they were saying that they were inhumane, as if they were made to feel as if they were being treated like animals. here you have a small group of people that are waiting to cross into serbia. this demarcates the serbia/hungary border. people will come through following these train tracks from serbia into hungary. you can see a fair number of them arriving right now. with them, a child as well. by the time they get to this point, they would have been traveling for weeks. just to get here, they would have taken, most likely, a bus. the closest point means they

have to walk for about three hours. some of the further points, they end up walking for eight or nine, in some instances. they arrive absolutely exhausted, parched. this journey, very difficult. it's a huge psychological impact on the parents because of the risk they are putting their children through. also on the children as well. given the reality they are leaving homeland. alisyn, earlier, we saw a father carrying a little girl. he stopped and said, syria will always be in my heart. >> every one of your reports helps us understand this better. thank you so much. the obama administration looking for ways to ease the crisis as germany and austria struggle to cope with the migrants there. frederick is live in vienna with the latest. what is the scene there, fred?

>> reporter: an unbelievable number of refugees are pouring in here. it is a focal point. when they come from hungary, they come here to catch the trains that go to munich and germany. the obama administration getting more involved in the issue. there's a statement from the white house i want to read. the administration is considering a range of approaches to be more responsive to the global refugee crisis, including, with regard to refugee resettlement. that, of course, is the very big debate here in europe. on the one hand, you have a lot of countries who don't want to take in more refugees coming from syria and iraq. on the other hand, you have countries, for instance, germany that says look, they are coming here anyway. there's no way to keep them out of europe. we have to do for them what we

can. the germans alone said they believe 800,000 refugees might be coming to germany alone this year. that, of course, is something that is troubling to the public in many countries. at this point, the germans said they should be able to handle that number, but not able to do it alone. europe is grappling with a common approach of how to take in this amount of people. at the same time, civil society is being called on as well. the pope is also getting involved. there was a tweet from the vatican that came out saying may every parrish and religious group host a family. seeing the numbers coming through here every day. today was actually supposed to be a quiet day. we have seen hundreds of people come through here. you can see how urgent all this is in europe right now. chris? >> well said. the pope calling on some 12,000 german parishs to get involved.

pope francis is making another move that matters as well. streamlining marriage annulments. catholics don't agree in divorce. those who get civil divorces can remain in the church. the move will make annulments less costly and time consuming. it sounds simple, but it is controversial. we have details coming up. >> dick cheney is going to deliver an address bashing the iran nuclear deal. the agreement will give iran the capacity to destroy the united states. here is an excerpt from the speech. providing them a pathway is not an act of peace, it is not, as president obama claims, the only alternative to war, it is madness. >> michaela, you have been following this story. a 4-year-old boy and his dog

were trapped inside a 25-foot deep well for three hours. emergency crews tried using a rope to rescue them. that did not work. they used a pully system to get them out. the boy and the dog will be okay. >> you cover that story in local news all the time. >> yes. >> and we still do. it's amazing, really. >> what are we going to do, get rid of wells? >> put a net in them. maybe somebody should work on that. >> if it's a problem -- >> like poverty. i think certain things are unavoidable. people are going to fall. >> this is a bigger discussion. >> solve it during the break. we are being told to move on. what we are seeing in germany and austria as they reach their tipping point with a

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european governments feeling overwhelmed. what should the u.s. do? james jeffrey is a former u.s. ambassador to u.s. and turkey and served as a diplomat in germany and current think visiting fellow at the washington institute. thanks for being here on "new day." should european countries be doing more this morning? >> first of all, the focus has to be on the emergency situation with people. we all need to do more to cope with that. the jurnd lying problems involve a set of crises to deal, as a union with this underlying problem. what the united states can do is, first of all, we can take more refugees in.

secondly, we can work harder to try to bring stability to the middle east. this has been our role for decades and we are leaving this role, unfortunately, very rapidly. >> what would that look like since the root of this was the civil war in syria. the u.s. has been reluctant to get involved in that. what would it look like to tackle this in its root? >> a statement of principle that they are generating most of the refugees. needs to be placed under far more pressure. the countries in the region, other than iran, are willing to do that. the united states has been reluctant as we saw with the ludicrous 50 people we trained to send back to syria to fight. this is doing little to solve the problem. we need to do more to stabilize

the situation there. >> of course this is president basharal assad's fault. she's done nothing to stop it in his own country, but president obama, also, had not done much. >> no, he hasn't. beginning in 2011, he said assad must go, but hasn't followed up with action. we are not talking tens of thousands of ground troops deployed, we are talking a safe zone in the north, which is sits signed up to with turkey and saw little action. we are talking a program to arm and support resistance to put pressure on. we need that government to come to the negotiating table to help resolve this problem because it's turning the entire middle east into a zone of chaos. >> mr. ambassador, back to the problem of the migrants, why has the u.s. only taken 1500 out of

the millions of people who need help? >> first of all, the general u.n. agency for refugees tries to keep the refugees to the extent possible in camps near the crisis zone to be reintegrated. they are temporarily away from homes until they are taken care of. bringing them 4,000 or 5,000 miles to the united states is not conducive to that. the united states has strong thoughts on bringing them in. europe has taken in hundreds of thousands. >> the pope called for everybody in the parish to take in one family. is that right? >> it is a step in the right

direction. the underlying problem is what will europe do with up to 800,000 refugees coming in. this is extremely hard for any society to integrate. the political class, religious leaders want to take in millions. the populations, however, are deeply divided on this very, very sensitive issue like we are in america about migration. >> james jeffrey, great to get your perspective. chris? exciting, exciting, exciting. late night is about to get more political. jeb bush, joe biden, booked to appear, where? late night talk shows. this is now a required stop on the road to the white house. i ask it as a question. i say it isn't one, what do you think? ard. it's not. it's a sign of early gum disease...

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more questions about hillary clinton's e-mail use this morning. "the new york times" reports a special intelligence review confirms two e-mails clinton received as secretary of state contained top secret information. it remaining unclear if they were marked unclassified at the time. they were marked classified before public release. no sign of three suspects who gunned down an illinois police officer. it was lieutenant joe. he was laid to rest monday. thousands of officers around the country on hand to say farewell. they are going to hold a news conference to reveal new evidence. a car careening into a crowd of spectators injuring 11 people, including a 2-year-old

boy who suffered a fractured skull. the boy's injuries are said to be nonlife threatening. ten other people treated at the hospital and then released. they do not know what caused the 61-year-old driver to slam into the crowd. archaeology on ser rouds. it's five times larger than stonehenge. they found evidence of 100 buried stones believed to be 4500 years old, right under their noses, just two miles from stonehenge. researchers in the uk call it the fpinnacle of their mapping. it represents a huge ritual monument. when i was 8, i thought of myself as a budding

archaeologist. think senses are going. >> two questions, they found them buried or standing up? >> buried, but they meaf been vertical. >> how do they do that? >> thanks for asking, they penetrate the ground. >> that's like star trek. >> i gave him an answer. >> that's impressive. how did they raise the stones in the first place? >> never good enough for you. pope francis is announcing reforms that are xwoung to make a lot of noise. not everyone is feeling the love. the change, the pushback, delineated and debated, ahead. just might be the one. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet,

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without the internet i would probably be like a c student. internet essentials from comcast has brought low-cost high speed internet into the homes of hundreds of thousands of low-income families. it lets students do homework and study at home. so far more than two million people across america have benefitted. internet essentials is going to transform the lives of families. i see myself as maybe an entrepreneur. internet essentials from comcast. helping to bridge the digital divide. major news this morning. at the urging of pope francis, announcing new procedures for annulling marriages. catholics don't believe in divorce. that's what this process

achieves. this has been a big debate within the faith for decades. let's bring in the changes. we know that we have been waiting on this document. father beck said it is written in latin, so you have to get it translated. do we know the specifics of the streamlining? >> well, your translator is right here, chris. we just got it right off the press. they are holding press conference. it is written in latin and italian. i have gone through it a bit. these are some of the highlights. the main two points were the length of time for an annulment and the cost of annulment. the pope has gotten rid of one

of the tribunals. he is reducing it to one hence the length of time. the second point is, he is fast tracking some instances that are particularly evidence. for example, if it lasted a short time, if there was an extramarital event happening and other series of reasons. these are evidence and can be decided directly by the bishop. the cost, with the exception of administrative fees that should be paid because it takes place at the local level. an appeal goes to the vatican. administrative fees need to be paid, but he wants it to be free. they are the top points from today. chris? >> what is the initial reporting on the initial, so what? >> the question of so what has

to do with not just streamlining this process. it thooz do with two things, one, the pope wants to bring people back in for the year of mercy. this annulment process starts on december 8. it's part of his plan. the second point is, it ties in with discussions that will happen in october here at the general where they will discuss the hot button issue of divorce and remarried catholics. one wants to give communement whether or not you have an annulment. this circumscribes that problem. they are made easier now, you can take communion and be in good standing with the church. >> very well laid out. you write it in latin.

you are all over the place. this is supposed to make it easier, but going to create division in the church. it will be seen as not just streamlining, pu easing the responsibility of theture f. >> when people come to me and say, look, my marriage is not working. i entered into it in good faith. this is the reasons why i can't stay in it. we have to have options in the church to allow people to move on. annulment has been a tricky process for people. some get it easily. the pope is saying a merciful church says meet people where they are. the majority of people have kyled a long time for the annulment process to be scream lined. that is exactly what is goupg to happen. i don't see where pushback is happening. >> well, just happened.

you are not supposed to break your marriage. that's what one of the main things that makes catholics different. now, no matter what you describe it as, you are making it easier to do that. it goes against a covenant, a sa sackryment. >> the annulment says at the time the marriage was contracted the validity was not there. you are having an affair at the time you are ready get married. >> the pope laid that out. >> how can you say yes to the marriage? you can't. the marriage is null and void. or, you are beating up your wife and we have been beating her. you never change. >> why get stuck in a mar am like that? >> she made a bad decision. >> it says you can dpet a civil

divorce. what about is sackrymental divorce. the church recognizes that. >> when you say the church, we'll see. a lot of voices will come out on that. father, thank you very much. as always, appreciate the information and analysis. what do you think? do you agree with father beck? of course you do. post your comment on facebook.com/newday. >> kimmel, conan and fallon. now here comes colbert. a guest appearance on late night could be key for candidates on the road to the white house. our experts weigh in next.

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made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.

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tonight, stephen colbert makes his debut as the host of "the tonight show." his first guest is jeb bush. how important are the appearances for a campaign? bill carter, cnn con transcribe yur tor and author of the war for late night. tuesday, jeb is on colbert. thursday, joe biden, is he running, is he not, with colbert. friday, trump swings bay fallon. how important is a stop there? >> it's more important. it's a way to show your depry kated humor. it's interesting because now you have colbert, who used to be the political voice, welcome a republican right away. it's a signal he is sending. he is open to that.

biden is taking advantage of it, he's in the news, get out there. it's an interesting booking war going on for late night. we have him and then trump has to make his move and he'll go on fallon. a lot of back and forth. >> they are both in new york. they are able to get the same guests. >> it's easier to be in new york than los angeles. >> wasn't somebody vying for him and somebody got him? >> somebody said hillary was in talks of going colbert tonight. they want him on the first night show. she declined and opened the opportunity for jeb bush instead. >> why did she decline? >> she was in talking with fallon. not clear when she will be there. this is a chance to show jeb bush the person. >> we are okay with this now. as a culture, we are okay with it?

>> they have done "saturday night live." we are okay with it. >> what is the plus or minus. >> it's okay for a sitting president to be on. this has been happening gradually, for a while. >> when he went on "the view" he got heat. what is the bar for success? >> get a light. show some party that people haven't seen before. the image trump is trying to throw out. >> the number of slow jams. if he slow jams on fallon, that would be interesting. >> if he announces something on thursday, it's a big deal, if he doesn't, it's a big deal. it keeps the pot stirring. >> john mccain signaled he was going to. didn't bob dole? >> he didn't announce. >> i'm getting there. >> the fact is, for some, it is

going to be an easier proposition. trump is going to have a grand time on the couch. for some of the others, it's a risky proposition. it could go sideways. >> rarely goes sideways. the host wants you to do well. you are not going to see them come at me with serious questions, put you on the spot. chris christie was on with fallon. >> he is a playful guy. you know it's a safe harbor when you go there. i wonder, if you get a trump in there, he can be sensitive to what's done with him. fallon does a great impression. he is genius. you don't know whether donald is going to take it the right way. >> that's a great point. to have it on a friday night, it's the rare friday night

spectacle. colbert has only given a few interviews. he's going to be the more serious late night. >> he is going to be welcoming. letterman used to puncture trump like way shi. >> we have to remember, they plan out these skits and moments. none of this is really particularly spontaneous. they will know what's coming. they are looking to get the best joke. >> that will be true on the ellen show. hillary clinton is going on the ellen show today. it's going to air on thursday. itis not late night, but daytime, which is a safe harbor. >> do they appeal to a different voting block? is she going on ellen because she wants the women's vote orko man if you want redheads? is there a demographic.

>> you are right about hillary. they have a strong, female base. it's like a signal to republicans. trump going on fallon is easier. it's not pointed. it's going to be fun. there's some of that. there's strategy involved. >> we have not mentioned trevor, the knew daily show guy. it's going to be interesting to see what he brings in. you bring in ellen, then trevor on the daily show, a south african. do you think it is a tough spot? >> he is replacing somebody who had a role in american political media for good or for bad. itis almost impossible for him to take that. >> the obvious challenge is he's not american. >> that's why i say it's almost impossible. >> hillary going on ellen. he's done a very smart job.

it will be interesting to see if colbert takes it back. hillary going on ellen. alisyn was all over it yesterday. >> i was saying she should come on "new day." >> trump, one minute he's suing nbc, the next minute he's all over their air. he goes on with fallon, he's on the nbc morning shows all the time. >> there was a weird blackout on fox news. clearly, there was tension going on there. trump has been everywhere else. the fact he's going to sue nbc over the miss usa issue and will be on ellen. >> dpreat to have you. meanwhile, we have a lot of news to get to. let's get to it. clinton support slipping as bernie sanders surges in early

voting states. >> i will do what needs to be done to turn this country around. >> i'm going to run part of this parade. >> thousands of people fleeing terror and war in syria across the middle east. wrote on her arm, we are animals, i want to go. >> europe is still facing a major challenge in dealing with the tens of thousands of people. >> presidential candidate, mike huckabee plans to meet with jailed kentucky clerk, kim davis today. a petition she be released from jail. >> we love you, sister kim, if you can hear us in there. >> dr. palmer left his practice six weeks ago. >> he may not face charges. announcer: this is "new day" with chris cuomo, alisyn camerota and michaela pereira. hillary clinton did receive top secret e-mails, classified,

on her private server. the clinton campaign maintains they were not marked classified at the time. >> clinton's team insists she has done nothing wrong now or then. we are trying to shift to policy as part of a campaign reboot. let's see if it's working and what it means. team coverage beginning with jeff. jeff, what do you know? >> good morning, chris. the drip, drip, drip of the clinton e-mail controversy continues. a new intelligence agency review confirms the report from earlier this summer, two e-mails on her private account contained classified information. this comes as she is in a tighter campaign than expected. a clinton campaign reboot. she wants to open up and campaign more joyfully.

new reports of the probe of the private e-mail server she used as secretary of state. a special intelligence review of two e-mails clinton received in 2009 and 2011. found two were top secret, one relating to north koreas nuclear program. the clinton campaign disputes this saying she did not end or receive anything marked classified. facts confirmed by the state department and secretary general. she also told why she won't apologize for using the server. what i did was allowed. she made the comments over the weekend visiting iowa and vowing to take on republicans. >> i am a true democrat. i believe our values are the right ones for america and i'm going to fight for them. >> reporter: a recent poll shows

clinton support slipping as sanders surges in iowa and new hampshire. sanders suddenly sharing a stage with the front-runner. >> feeling good about the poll and the support we are getting here today. >> reporter: then the wild card of vice president, joe biden. >> i hope you run, man. i hope you run. >> hey, guys. >> reporter: his labor day visit to pittsburgh had the look and feel of a campaign event, with residents urging biden to jump in. striking passionate tone addressing union members in a fiery sweech. >> i'm mad, i'm angry. when the middle class do well, the wealthy do well and the poor have a way up. organize, organize, organize. >> reporter: he was enjoy thag moment as he inches closer to making a decision. until then, this race is in a holding pattern.

clinton is signaling another campaign reset. she's trying to put the e-mail controversy behind her caulking about it and answering more questions. after months of no interviews, she's opening up. we are told we will see more of her starting this week on the ellen degeneres show. alisyn? >> congress is back from summer recess. their first order of business is on the iran nuclear deal. let's bring in jim acosta. what do we expect, jim? >> after a long recess, congress is back in. start with the iran nuclear deal. the debate starts this week. president obama has the votes he needs to sustain a veto of republican attempts to block the agreement. that doesn't mean it won't get through. iran is far from the only flash

point. the government runs out of money at the end of the month, in over three weeks. they are threatening to shut down the white house. something is white house said will not happen. the president compared the gop to boston red sox player, bill buckner. here is what the president had to say. >> it would be an unforced error, a fumble on the goal line, like a ground ball slipping through somebody's legs. you guys have won a couple since that time. i can make that joke. >> groans there in the audience. as for the iran deal, the debate heats up with speeches here in washington with former vice president, dick cheney, and harry reid and donald trump and ted cruz will lead a rally against the deal here in

washington tomorrow. chris, all i can say is here we go. >> here we go indeed. thank you very much. let's bring in bob carey. he knows a lot about foreign policy. very good to have you, sir. >> thank you. >> i want to play sound from dick cheney. he is becoming the face of the resistance of the iran deal as they get into it. oh, we don't have it. because we are silencing dick cheney. good. we said a couple things very strong, in particular, this. this deal gives tyran the ability to attack. now, forget about the premise. in terms of this as a principal and this as the right basis of criticism for deal, agree, disagree, why? >> agree. when dick cheney left office,

this was real. as a consequence, now there's negotiation. that threat has been pushed back. it's not everything i would have liked to see in the agreement. they agreed to give up plutonium. it's significant. when barack obama took office in 2009, this threat was real. it's been substantially reduced as a consequence. >> the front line criticisms are you could have gotten a better deal. if you kept the sanctions on, that's what brought them to the table, it would have brought them to their knees. >> you can make that case. so what. you were in charge, trump would have gotten a better deal, we have a deal now. it gives us the opportunity to do things we couldn't do before. now, we have to do things we shouldn't do. it's going to get approved likely with congress passing a disapproval. the president is going to veto it. it's a foregone conclusion.

the question now is, what do we do. it was encouraged by trump. he thought he could improve it. whoever is present, they have to work with this agreement. it's not going to be easy. it was more difficult before, but will be difficult afterwards. >> did you think you would be mentioning the name donald trump in terms of what america would do with iran? do you believe that will be the face of the gop. >> i don't know. i'm a democrat. >> oh, you are? it's important to know. >> i think the democratic party made a big mistake and i hope they reverse it. we don't need to have debates. the republicans are having debates. their brand is getting known. their message is getting known. their numbers are going up as a consequence. donald trump represents the outsider. so dauz ben carson. they are outsiders and doing well against the so-called

inside candidates. i think the democrats have made a terrible mistake by coming saying we want to have a debate. we have many candidates in the race and potentially one more. >> your partisan allegiance aside, do you believe trump or carson have the qualifications to be president? >> it certainly competency is judged at the election. i have strong disagreements on position in the issues. >> competency, you are not sure if it matters anymore. what does that mean? >> trump has no background. he's got the capacity, a very impressive capacity to get a lot of attention by insulting people. guess what? the most powerful in the world is the president of the united states. pull off that insulting and guys like me are going to have to go

to war, not military academy, like you, and claim we were in the military. if you are going to get somebody to do what you want, it's not done with an insult. there's no capacity to be the president of the united states, but at the moment, it doesn't matter that much. >> people know your history, your decorated service as a s.e.a.l. when you say, because it's playing so well right now, people are resinating, we are angry. you are saying there's a consequence to anger when in a position of power. it's something we are not paying attention to right now. >> it is the most powerful office on earth and words matter. they have an impact. they can create wars. they can create the difficulty of getting things done. we are not in this alone.

back to iran. we got the sanctions, as a consequence of security that sanctions ought to be in place. if you are going to get peace in syria, i don't personally think you are going to get peace in syria as a consequence of more and more war. the question is, how do you get iran to work with us. how do you get russia to work with us? it's not likely to get it done delivering insults at a standing ovation. we make people feel good. his message, make america great again? it's already great. there's plenty of evidence we are the greatest country on earth. there's plenty of evidence. what is this, make america great again? i have a central challenge to the idea that he can govern. i don't think he can. he has been a terrific real estate developer and successful there and successful in getting attention. tough do more if you are going to be the president of the united states. >> thank you for being on "new day."

hope to have you back thank you very much. let me know when donald calls you. he e's going to. tune in wednesday, september 16th, when cnn hosts the next republican debate at 6:00 and 8:00 p.m. eastern. >> or at least get a tweet. in other news here, kentucky clerk, kim davis is spending another day in jail because of her refusal to issue marriage licenses. they hope it will result in her freedom. in the meantime, mike huckabee is set to visit davis today. martin savidge is live with more to talk about kim davis today. >> there is, indeed. there's a lot going on, both with the rallies planned and legally, behind the scenes. there's an appeal that has been filed to the u.s. federal court on behalf of trying to get her out. as mike huckabee, the presidential candidate drawing the crowd, he plans to go inside

to meet with davis. that is going to have a resonance in the civil rights issue that we are talking about. people can think back to other meetings inside jails. really, those who support kim davis say that is what it is about. it's reignited the debate again, the right to that and whether there are limits on religious freedom. a lot of people will be at the rally and believe this is an attack on christianity. that is why the crowd is expected to be large. schools in the area have been dismissed or won't take place because they are concerned about traffic problems. then, there are the legal ramifications as well. so, you know, kim davis is facing lot today. her attorney had a meeting with her yesterday and issued a statement. he said this is how she feels. she exudes gentleness. spirits remain high. brought to tears when she heard so many outside the jail and around the country are praying for her. there are hundreds of people that rallied outside the jail over the weekend.

it could be a very interesting day, michaela. >> we'll watch the scene with you, thank you very much. we are going to talk to her attorney about the case in a few minutes time. overnight, mi grangrants clg with police on the serbian border. the migrants heading toward budapest to find a place of peace. cnn's senior international correspond arwa damon is live on the syrian/hundrgary border whach whach. what is the situation there. >> reporter: we have at a camp. itis not meant to be a camp, baa holding area where people are spending a few hour before they get on the buss to go to camp. it has a much more permanent feel. this extended family, in particular have been here since yesterday at 6:00. this is after having traveled for the last ten days without a

shower. they don't want to be filmed because so many of the others that we have met here, they don't want their friends, their family, people who know them to see them forced to live like this because even though, yes, everyone knows this is a phenomenally difficult journey, no one expects to be this humiliated or this degraded when they get to europe, especially when they reach a country that is supposed to be the gateway of the europeans, the gateway of everything they dreampt it was. many traveled for weeks, they would have walked. there's a man back there whose feet are bandaged completely and totally blistered from the trek. the children, it's so difficult

because they are ill equipped with the eight to nine hour as day. many people end up walking. a lot of criticism here of what hungary has been doing to try to ease what they have been going through. this, if you can believe it or not is improvement on what we saw yesterday. tents brought in overnight as well as blankets and humanitarian assistance. people who are here are growing fed up and frustrated with how slow this entire process is. many of them, of course, are fearful of them entering the hungarian camps because they heard how inhumane the conditions are. >> arwa, thank you very much for detailing the situation. we'll check back with developments. news of a threatening 911 call that have police in colorado on high alert. the caller targets officers in aurora and denver. here is a bit.

>> shooting down cops we see by themselves. this goes for the sheriff's department. innocent people. let us catch you by yourself. stk head of the aurora police association says they will ride in pairs. there was a shooting where police took fire. it was unclear if it was related to the call. an aide to andrew cuomo was struck in the head by a stray bullet. police say the 43-year-old was possibly caught in gang cross fire. investigators are questioning witnesses and examining surveillance from the scene. so far, we are told no arrests have been made. we are going to speak live with governor cuomo coming up in the next hour. the minnesota dentist who killed the beloved lion, cecil, and sparked anger worldwide is

returning to work. we have a live look at his office in minnesota. we are joined live with more. what are we expecting? >> alisyn, protests. he's heading back to work after a month off the job following the revelation he killed cecil the lion. at least one animal rights group will be there to meet him at his office. considering the backlash we have seen online following the revelation that he killed cecil the lion, this crowd is expected to be animated and passionate, despite the threats he received online, the police department in bloomington, minnesota is not going to have a presence on hand to try to deter protesters. instead, they are going to watch and wait to see what happens. we are going to keep an eye on the situation and update you any news and whether or not there's a confrontation between the doctor and protesters there. >> let's hope not.

you know? let's hope everything is call there. yeah. >> what's the chance of that? they are coming there, they are angry. they have made this guy a villain, rightly or wrongly. the facts are suggesting more and more, wrongly. he hunted. if you hate that, you can hate that. if they are not bringing charges against him. let him live his life. >> they are angry. they are looking for an outlet. >> you think they are going to give him a nice hello. >> hopefully silence. you will be keeping an eye on that. we are going to talk about the clerk who has become a cause. the jailed kentucky clerk will now be center of a rally led by republican presidential candidate, mike huckabee. is this about a war on faith or the law? her attorney joins us, next.

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to visit davis. joining us now is roger. thanks for being here on "new day." can you tell us the status of your appeal to try to get kim davis out of jail? >> thank you for having me. kim davis, right now, has four orders of appeal in the sixth circuit. numerous errors have been committed in the trial proceedin proceedings. we have taken steps to address them in turn. most recently, we filed an emergency motion for injunction pending an appeal, seeking what governor bashir should have granted kim a long time ago. that's an accommodation of her religious conscience. >> as you know, there is one way to get her signature off the marriage license. she doesn't want to be seen as endorsing. she wants her name removed from the marriage license. that has to happen by the state legislature.

the kentucky state legislature is not back in session for four months. here is what the governor said about the request. they will convene in four months and make any changes it deems necessary at the time. i see no need to spend hundreds of thousands of dollars of taxpayers money calling a special session of the general assembly when 117 out of 120 county clerks are doing their jobs. is kim davis will be to wait until january 3rd to get out of jail? >> it's a travesty that kim davis has been in jail for six days now. it would be an unconscionable for her to be in jail until january. it takes nerve for the governor to say he cant do anything. he's changed the license form after it was handed down. kentucky law provides him the power, by executive order, to reorganization any aspect of state government that needs to be reorganized.

governor bashir has the power to grant this accommodation. under kentucky law, specifically kentucky's freedom restoration. the governor has a duty to do it. accommodation of her conscience is the law, she is not defieing the law. >> we have heard from legal experts that say kim davis took an oath to uphold the law and the constitution, even as it changes, as it did on her watch. the easy answer is for her, if she doesn't feel she can perform her duties anymore, to resign. >> that's not the right answer. because, like i said, accommodation of religious conscience is the law in kentucky, including elected officials. it is clear, any person whose religious exercise is burdened has the right not to act in accordance with their belief. it's the duty of the kentucky government to accommodate that

and they could do so. governor bashir is the one who should do his job or resign. >> the reason you are at loggerheads is because, okay, she doesn't want to have to issue the marriage licenses. sounds as though the governor and everyone else is willing to let her step aside and not have to issue them. where we get into the problem is she's not willing to condone her clerks doing so. even though some of them are willing to issue marriage licenses. >> well, the bottom line is, kim davis cannot authorize a union of persons she does not believe is marriage according to her beliefs. all she's doing is with holding her authorization of that. they have the authority to issue licenses under kim davis' authority, they can't do it either. if they can issue licenses under someone's authority, kim davis would not stand in the way of that. >> mike huckabee is going to visit kim davis in jail today.

what do you expect is going to happen? >> well, i think we are going to see an intensification of the national outcry here against this injust imprisonment. the fact presidential candidates are taking their time to come out to kim's aid tells how big of a story it is. i expect there will be thousands of people there. i expect the movement will only grow from here. >> if your appeal is granted, when is the earliest kim davis could get out of jail? >> well, as soon as any order comes out of the sixth circuit granting any of our appeals or motions, her release should be immediate. certainly, the district judge will have to play a role in that. we can't see any reason for him to delay, if the sixth circuit agrees with us in any filings. >> sounds like today will be a pivotal day. we will continue to watch the case. tweet us #newdaycnn or on

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scores of migrants clash with police at a holding point in hungary at the serbian border. all this happening as the obama administration weighs the option to help those displaced. they are open to allowing more syrian refugees in the united states. >> italy's highest courts slamming prosecutors in the amanda knox murder case. the panel citing stunning flaws and glaring errors in her conviction for the 2007 death of meredith kircher. it was thrown out in march. they called the prosecution's case a hit and miss hunt for a scapegoat. very strong language.

knox, posting on her website, thanking the court for forcefully declaring her innocence. north and south korea allowing 100 citizens in each country to reunite. the reunion is the first in 18 months. they are scheduled for the week of october 20th. since 1988, 133 south koreans registered to visit. half of them have died without seeing their relatives. a mysterious fire ball streaming down from the sky. an expert on ast nom cal phenomenon says he believes it's an asteroid burning into the earth's atmosphere. others say a burning balloon or space junk. there was concern it might have been an airplane crashing to the ground because it happened close to an airport. >> happy to hear it wasn't that. time to go inside politics.

the campaign trail heating up on whether or not vice president, joe biden, will enter the race. and disagreeing over the kentucky clerk failing to issue same-sex marriage licenses. let's bring in our guests. great to see you guys. >> good morning. >> good morning. >> good morning. >> patricia, let me start with you. i know you were on the campaign trail last week with joe biden. let me show you what joe biden did on the campaign -- well, not on the campaign trail, actually. just out in public yesterday that led some to believe he was campaigning. watch his mood here. >> sounds like you have a rational for running. >> i'm going to run part of this parade. >> we'll vote for you, joe. >> beat hillary. >> let's you and i walk together. come on. >> people are saying run joe

run. they are saying beat hillary. he said i'm going to run part of this. what do you see here, patricia? >> i see kind of the old joe biden. i see somebody who loves being a candidate, loves being among people and on the campaign trail. i saw a different joe biden a couple days before in atlanta, giving a speech on foreign policy. he was asked by someone who wants him to run. joe biden, what do you want to do? what are you thinking about 2016? he was very remoos. he was still grieving, still struggling with the situation with his son bo who died earlier this summer. he was a man very conflicted. i think we are seeing a couple different sides of joe biden. he was speaking so quietly at the first part of the speech, somebody had to ask him to speak up. we see somebody who is struggling, but interested in running for president, being

encouraged to run for president and is thinking about it. i think it's very clear that he's interesting. he is considering it. but he has a real family situation he has to deal with as well. people understand that. >> ron, let me put the polls up. this is the iowa match up. this is how he's doing in new hampshire. i will read it to you. he beats trump in new hampshire, 50% to 41%. here he is in iowa. he beats trump, 49% to 45%. jeb bush beats joe biden, but within the margin of error. what do you think joe biden is going to do? >> there is a tremendous amount of affection and respect for biden going back decades. i covered his first presidential race in 1988. you look at the polling, within the democratic party over the past year. there has not been a vast ground swell for him to enter the race

against hillary clinton. in that way, i think he is somewhat of a dependent variable. by that, i mean this is less about interest in him than it is about concern over her. when you look at that polling in iowa and new hampshire and the fact that she is looking at 60% unfavorable ratings at this point in both, i think that is what is really fueling the talk about joe biden and the question for him, really, is whether he believes he can right the ship or if there's increasing concern among democrats she can't and thus more interest in an alternative of the kind he can provide. >> let's move on to what's happening in kentucky. gop candidate mike huckabee is going to visit kim davis, the kentucky clerk who doesn't want to issue same-sex marriage licenses. he tweeted, #i'mwithkim. liberty rally tuesday, september 8th at the center in grayson,

kentucky. has former governor mike huckabee found a hook to hang his hat on for this campaign? >> yes. i don't know if it's for the whole campaign, but for a couple days of press coverage and god knows any one of republican needs press coverage they can get their hands on. when we stee issues come forward, the question of religious liberty is popping. someone like mike huckabee needs religious conservatives to come out for him. a lot of them are more interested in ben carson, if you look at the polling. even more interested in donald trump, if you look at the polling. this is a way for mike huckabee to get in front of the evangelicals and remind them why they are evangelical and why it is important to have an evangelical in the white house. i don't know that it's going to get him in the polls, but a way for attention today. >> we have seen john kasich saying he believes kim davis

should issue the marriage licenses. >> it goes to the broader division of whether or not to contest the supreme court decision legalizing same-sex marriage. this is the challenge republicans face. the country is changing. it is diversifying, it is changing culturally. a big portion of their base, whether talking immigration or same-sex marriage is uneasy about the change. evangelicals are half the total republican primary electorate in 2012 and 2008. the problem is the majority of opinion in the country is on the other side. there is a clear, consistent majority in support of same-sex marriage. republican candidates, on different points trying to navigate the tension of appealing to the base while reflecting the reality that most americans accept the change we are living through. in many ways, look across the board. this is, in some ways the core issue that i think is animating

politics in the 2016 race. how do we deal with our accelerating cultural and demographic change. >> let's end with a kicker in our time machine and go back to 1992. there was a moment that was seen as changing the direction of bill clinton's presidential campaign. that is when he went on arsenio hall and played the saxophone. so, tonight, there is an opportunity, because jeb bush is going on stephen colbert's premier show. do you think there will r re-energize the trail for jeb bush? >> no. but it couldn't hurt. he needs to unleash the inner jeb, whoever that is. is there an inner jeb? who knows. we could find out tonight. this is not going to turn it around for him, but it couldn't hurt. >> ron, does he need to play an instrument of some kind? >> something to show life.

the clinton project was called the manhattan project. it was designed to rebuild his image after he came out of the primaries bruised and battered and bloodied. there's a lot of room between now and the election. >> there we go. patricia murphy, thank you for being on inside politics. a houston area man charged with trying to join isis even though he decided against it when he arrived in turkey. so, should he face serious prison time? >> his attorney says no. he did the right thing and came back. what do you think? hear from the attorney. we were in a german dance group. i wore lederhosen. so i just started poking around on ancestry. then, i decided to have my dna tested through ancestry dna. it turns out i'm scottish. so, i traded in my lederhosen for a kilt.

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istanbul airport, he chose to fly back to his houston area home. 15 months later, he was charged with conspiracy and attempted to provide information to isis. he faces up to 15 years in prison and awaiting his start of trial under house arrest. joining us is tom. councilman, make your case, why is this wrong? >> he changed his mind. he talked to his family. they were concerned about what he was doing. he had cold feet along the way any way. rather than go on to an uncertain future in syria, he came home to syria and resumed life as a student. it was a number of months afterward before he was charged. the fbi says, you know, as part of the complaint or background, you know all this. i'm doing this for the benefit of the audience. it wasn't just about the plan to

go over there. expressed by the defendant. he triied to help another fello. that's the position they take. >> his friend made it to syria and isis can him and the foreign fighter facilitator. if he decided himself not to join isis, but he said he wanted to help them and had sympathies and a role in getting someone else there, isn't that enough to be prosecuted? >> well, it's enough to get charged. i don't think it's enough to convict. the government has to prove beyond a reasonable doubt he intended to provide that. there are a number of issues

involved in the charges. >> i understand that. there's no question the burden is on the prosecution, as it always is. under these, not facts, under these allegations, this is not uncommon behavior for us to see being chased by the federal government. >> well, there are a number of cases around the country where they have intercepted someone along the way or -- this is a unique case because this person was actually not known about on the way. it was not until many months later, after he came back that they started their investigation. but the point is, he changed his z mind. he returned. he resumed a much more moderate life. it appeared he had lost interest in going. he became a college student, studies business and -- you know, this is really a question

of discretion. is it the right case to bring under the circumstances or consequence that anybody else who starts on a path and changes their mind is going to be prosecutored? >> do you believe -- >> i think that's the wrong message. >> certainly, if somebody decides to not do anything wrong and there's no proof that they do anything wrong, then they should not get prosecutored. but, obviously, there's a different case being made here. while he, himself, may have decided not to become an isis fighter, he did other things that were wrong in the eyes of the law. do you deny that as well? >> if he's not going there to be an isis fighter, he's done nothing against the united states or our public interest in that area. >> unless he helped somebody else or pledged support or pledged to help in other ways.

>> well, you are assume thag the government's allegations are true with respect to this garcia fella who went over because the government's theory is he wanted him to go. it will show it was the other way around. >> there are implications here. that's why we are following the case. we will continue to do so and see what gets proved out and allegation of a statement without proof. thank you for joining us. please come back as the story proceeds so we can tell the story start to finish. >> very well. take care. >> alisyn? >> high anticipation. what is apple going to unveil. we have the big buzz for you. ♪ every auto insurance policy has a number. but not every insurance company

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>> oil prices keep falling down, almost 3% this morning. last month oil plummeted below $38 a barrel for the first time since 2009. it's good news for consumers. the national average is at $2.39 this morning. that's a dollar cheaper than a year ago. apple's big day coming tomorrow. it's expected to unveil a new iphone. ipad sales have fallen, mostly because iphone screen verss hav gotten bigger. >> thanks for the preview. >> you got it. the hillary clinton e-mail controversy intensifies this morning as they find there was

classified information on at least two e-mails. we'll tell you how her campaign has responded.

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i am a true democrat. >> we're feeling really good not only about the poll, but about the support. >> i actually wish mr. trump would throw a little more heat hillary clinton's way. >> i'm going to run part of this parade. >> thousands and thousands of refugees and migrants. >> britain should fulfill its moral responsibility to help those refugees. >> home as they knew it is gone. >> he was struck in the head by a stray bullet. >> this is "new day." >> good morning. it is tuesday, september 8th, 8:00 in the east. . the hillary clinton private e-mails were top secret, at

least two of them. but were they marked that way? that is the state of play right now. a big question for hillary clinton. her team still insisting she did nothing wrong with any information, let alone top secret information. >> they are also trying a new campaign strategy today. this as the republicans ramp up their attacks. cnn's team coverage begins this morning with jeff zeleny. what's the latest? >> the drip, drip, drip of this clinton e-mail controversy continues. a new intelligence agency review confirms that two e-mails she received on her private e-mail account contained top secret information. all this comes as hillary clinton is adjusting her strategy for a tougher fight than her campaign ever expected. another clinton campaign reboot. aides say she wants to open up, show her heart and campaign nmoe

joyfully. but this morning questions about the private e-mail she used as secretary of state. a special intelligence review of e-mails she received in 2009 and 2011 found two for top secret, one relating to north korea's nuclear program. this reinforces a similar conclusion made in july. but the clinton campaign dispute this is, saying, she did not send or receive anything marked classified, facts confirmed by the state department and the inspector general. she also told the associated press why she won't apologize for using a private e-mail server, saying, what i did was allowed by the state department. clinton made the comments over the weekend in iowa and vowing to take on republicans. >> i am a true democrat. i believe that our values are the right ones for america. and i'm going to fight for them. >> but a recent poll shows

clinton's support slipping, as bernie sanders surges in iowa and new hampshire. sanders suddenly sharing a stage with the front-runner. >> we're feeling really good. >> there's the wild card of vice president joe biden who still is officially on the fence. >> i hope you run, man. i hope you run. >> but his labor day visit to pittsburgh had the look and feel of a campaign event. with residents urging biden to jump in. biden striking a passionate, p populist tone. >> organize, organize, organize. >> now, joe biden was clearly enjoying that moment in the spotlight as he inches closer to make a decision.

until then this race is in something of a holding pattern as clinton undergoes another campaign reset. she hopes to put this behind her by talking about it and answering more questions about it. she's about to get a boost on the campaign trail. bill clinton expected to make his debut in chicago. >> meanwhile, the republicans hoping labor day puts an end to the summer of trump. >> i'm not so sure it's going to put an end to the summer of trump. but labor day has been the unofficial begin to the kickoff of campaign season. john kasich, lindsey graham, scott walker. walker even arrived at one of his events on a motorcycle. she is one of those outside

nonpolitician candidates who has been rising in the polls. she got some attention for hitting hillary clinton about comments she made about republican who is hold conservative views about women's reproductive rights. >> boohoo mrs. clinton. mrs. clinton is the same person who compared republicans to terrorists. for heaven sakes i actually wish mr. trump would throw a little more heat mrs. clinton's way. >> and so that was something of a twofer for fiorina. she's hitting both clinton and donald trump. she has been blasting her from the beginning of her campaign and she wants a little help from the other republican candidates. trump has occasionally attacked clinton and we'll see if he steps it up. kentucky clerk kim davis is still in jail this morning as

mike huckabee gets set to meet her and take parking lt in a ra her honor outside the jail. martin savage is live with all the developments for us. >> reporter: this is likely to be the biggest rally so far that has been seen for kim davis and this is going to be held outside of the detention facility where she is currently being held in jail. mike huckabee -- that's his stage. he is going to go inside and meet with kim davis and then he'll come out for this rally. people are already starting to show up here. this rally is not for another seven hours or so. it's like to have so many people here that they've decided to close the schools down just to try to alleviate some of the traffic here. there are the legal efforts underway by miss davis's legal

team to try and get her out of confineme confinement. they have appealed to the federal court and the governor of the state to either call back a special session of the legislature or issue some executive order. the governor is not too keen on either one of those things. all of this, an indication that today is potentially going to be certainly crowded and maybe even potential volatile. we'll just have to keep an eye on things. >> thank you so much. let's discuss all of this. here this morning jeffrey lord and cnn political commentator paul begala. paul is also a senior advisor for a pro hillary clinton super pa pac. there is this new report out of the cia that two of the e-mails

that secretary clinton received were classified, top secret at the time that she received them. what will hillary's campaign do in response to these new findings? >> i think the best thing to do is rather than make a campaign response, point people to the official government response from the state department. this is an interagency fight that happens all the time. admiral john kirby retired. state department according to admiral kirby still thinks no, actually they weren't classified. the government does classified way, way too much stuff. it will be one more we'll all churn about it for a day or two and at some point we'll actually talk about things like jobs and the economy and trying to earn a living in the middle class. >> you think this is not on the

top of voters' minds and this is not a big deal. >> i say all this does is add once again to the sort of overall picture of collect that has been out there for years. that's what's really weighing her down in the polls. one of the reasons she's having all this problem with bernie sanders is whatever you think of bernie sanders, people think he's honest. people don't think hillary clinton is honest. this problem has been around for decad decades. we discussed before that famous "new york times" column from 1996, almost 20 years ago in which she was called by the late william sapphire a congenital liar. >> is it about lying? i mean, you don't have any of the 5,000 agencies that are

investigating this pointing the finger at her as having done something wrong. i do think the crime end up being one of a political nature. you're kind of pointing at that, jeffrey. and paul, you know that. if there was any classified material, i'll give you the point that you ask different agencies and they'll give you different answers about whether or not this stuff was top secret or not. it does point to why it was problematic to start this in the first place. isn't that fair criticism? >> that's absolutely fair. you're right. i love hillary. i actually work for a super pac that's trying to elect her. i said from the beginning, every government employee should use government e-mail. many of the bush employees used an e-mail server that was at the republican national committee.

colin powell wrote a whole chapter in his book about it. he said again sunday that he used his private e-mail to km n communicate with ambassadors and sometimes foreign leaders. that would be potentially classified. fair is fair. nobody ever went to colin powell and said you should apologize. >> it's time to keep political stuff off of a government server. they were instructed to do that. >> they used it for official purposes. they used that to evade the presidential records act so the stuff they were doing would not be discovered. >> this was her response. the question was, why haven't you directly apologized for setting up and using a private e-mail server? here was her response. i understand why people have questions and i'm trying to answer as many of those in as

many different settings as i can. what i did was allowed by the state department. i've also tried to take responsibility because it was my decision, but to be as transparent as possible. would you have her issue a direct apology in the i'm sorry vein or is this good enough? >> for heavens sakes do it and get it over with. i don't think this is in her makeup, her character. she does these things. she keeps getting in trouble. >> jeffrey lord, you come on this show consistently and others at cnn and brilliantly defend everything that donald trump does. and you consistently say he should never apologize for things that we would all make our children apologize for, let alone our president. and now you say she should apologize. >> chris, i'm saying that from

hillary clinton's point of view, not mine, she should do this and be done with it. but i'm saying that she's incapable of it. >> she says i didn't do anything wrong. i would have done it differently if i could. but it was allowed. if she apologizes she's saying i did something wrong. >> it's all my fault, it's all the fault of my friends. she doesn't do anything and these things happen. >> she has called it a mistake. i think she says she wishes she had done it differently. and i don't understand what an i'm sorry would do. i'm sorry to whom? to herself, to her campaign? >> i'm not sure it would have any effect. because she's playing against this persona of 20 or 30 years in the public mind. i don't think people care. i don't think it would help her necessarily one way or another. she's in another fix of her own making and that's what happens.

>> maybe she should call the agencies third rate hack agencies. >> why don't we have a standard of fairness? why don't we ask jeb bush? he used private e-mail for governmental business. >> it's different character in nature. >> oh that's right, because he's a bush. we could never criticize the bush family. >> he wasn't secretary of state at the time. this is very high level information. >> he was stealing the election for his brother. he hasn't issued one e-mail in the greatest political theft of her lifetime. he has not released a single e-mail from that. but we don't have him about this, because we have this terrible hillary bias in the media. tensions are on the rise as the migrant crisis grips europe and intensifies. right now hundreds of refugees breaking past a police line at a

holding point in hungary. we're looking at a live shot right now. we want to turn to arwa damon who's there. what is the scene we're seeing, arwa? >> reporter: we're running now with these migrants and refugees who just broke out of the holding area right along the border with serbia. the police are literally right behind them. cnn. the police are literally right behind them and in front trying to bring them under control. there are hundreds of them that staged this breakout because they were fed up at the conditions they were being held in. they couldn't take it anymore. young, old, men, parents with families, all breaking through and now also being pursued by the police force through this cornfield.

this all kicks off about half an hour ago. and there are people who have been carrying their children. there are some elderly among these crowds. these are people who at this stage are literally running for their lives. they took a risk when they broke out of the camp. they knew that. they were terrified of what the police would do. and now they are not only afraid of being caught, but of what their potential punishment might be and of being brought into those camps that they did not want to go into, especially not after having had to wait in those fields for so long. >> arwa, are you able to hear us okay? we want to ask what is the concern of the police getting them? are they concerned the police are going to take them elsewhere? have you seen any incidents of

altercation between the police and the people that are fleeing? >> reporter: not yet. we haven't yet. they did manage to catch a few people who were stuck in the back. but yes, they don't want to get caught, they don't want to go back in the camp. they don't want to wait to be fingerprinted. they're afraid the police will use force to try to bring them in. all they really want to do is somehow get out, keep their journey going, which is why so many of them were so frustrated with the wait. because they were being held in these horrific conditions in this one holding area. but they also are afraid now because they did this that perhaps they will somehow be punished. these are people who are so desperate. they just want to get going. they just want to get to germany. they just want this epic journey

of theirs throughout europe to actually finally end, that they will go to these lengths if that's what they need to do to try to break out of certain areas. we've seen this on a number of occasions. we saw that on the big standoff on the train. we saw that people decided to walk for eight, nine hours along the highway just to get to budapest. these are the actions of a desperate people. -- being subjected to. >> the signal is going to come in and out. we should go back to her. >> arwa, for people who are just joining us right now and watching your live shot, to tell them what's happening, you were at a holding place with hundreds of migrants and refugees and then they had some sort of conflict with the police and they began running and you are now following, chasing the refugees. where are they headed? what is the plan?

>> reporter: well, there isn't a plan. this all happened quite suddenly. this holding area is the area they're all brought into right when they cross over from serbia into hungary. they were just fed up with being made to wait there. the buses weren't coming quick enough. the conditions there, fairly abysmal. and they decided to take matter into their own hands. they don't want to be held back anymore. they can't stake it at this stage. what they did was even though there was a police cordon around them, they did manage to break through. and this happened very quickly and suddenly. once people saw that, then the rest jumped up and went. and now hundreds of them. you can see it now as we break through this cornfield. but hundreds of them, they're running at this point walking for their lives. it's been really hard for those

who have children too, because they're having to carry them through all of this. the police are right behind them, it seems trying to coordinate some sort of a cordon. they managed to split the group into two. there's a group that is in front of us and then there's a group that is off to the left. when we were talking to them before, the police showed up, a lot of them were saying, we don't know where we're going to go. does anyone have a gps? how can we figure out which direction we're supposed to be heading in? this is a byproduct of the frustration and anger the people have been feeling because of the humiliation and everything they have been having to go through throughout the journey but especially once they got into

hungary. >> we know you're hustling, your camera man as well. thank them for us. it's not easy to do to shoot and run through a field like that. keep an eye on the situation and get back to us if there's something the people need to see. >> arwa's reports have just brought all of this into our living rooms. we wouldn't know what this crisis looked like minute by minute but thanks to arwa's reports. one of andrew cuomo's staffers fighting for his life this morning after taking a stray bullet in brooklyn.

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see car insurance in a whole new light. liberty mutual insurance. an aide to new york governor andrew cuomo is in critical condition this morning after he was struck in the head by a stray bullet before new york city's west indian day parade. he was possibly caught in gang cross fire. joining us now to give us the latest is new york governor andrew cuomo. can you give us a status report on the condition? >> yes, i can. it's nothing good, i can tell you that. i spoke to the family last night. i spoke to the family this morning. he was shot in the head as you reported. and he's in what's called a very

critical condition. it is not good. >> from earlier reports, governor, it sound as though your aide was caught in some sort of gang crossfire. he was just an innocent -- not even bystander. he was on his way with his family to go to a celebration and to go to a parade and two gangs were fighting and he was hit in the head with a stray bullet. is that what you understand? >> that's exactly what the police are reporting. it was just another act of pure randomness. just the randomness of gun violence of having too many guns on the street. and people having guns who shouldn't have guns, which is the real point here. and look, i've been to too many funerals. i've seen too many bodies. i've dealt with too parents

crying, losing children. this brings it home for me in a personal way. he was the american dream. he grew up in the public housing projects in the bronx. worked his way up. he went to harvard, graduated harvard university, was a roommate with my commissioner of health at one time. a beautiful, beautiful 43-year-old black man. and he could have done anything with that education. he chose to be in state service because he wanted to use his skills to help others. he made a fraction of what he could have earned. just a beautiful guy. you're right, he was just walking with his brother and a friend and struck down by random gun violence. the point to me is how many incidents do we have to have? how many weeks do we have to have with the same story over and over and over about the insanity that this country is

allowing to country with violence and loss of life of innocent people because we have people who have no business having guns having guns? we passed a law in the state of new yorks that probably the most restrictive antigun law in the nation. >> no criminals should have guns. but what is the answer? as you yourself just said new york is considered to have strict gun control laws. but as you know opponents of more laws say the criminals are the ones who will always have the guns. and this appears to be an illustration of that. what gun law could have been on the books that would have prevented this tragic? >> that's not what they say. they say it's a slippery slope and the government is trying to take everyone's guns and this is a conspiracy theory. as i said, i'm not antigun.

i own a gun. yes we have laws on the books that protect people. the guns are coming in from other states. the only way to deal with this is a national gun policy. doesn't do any good if we have the right laws in place in new york and the guns come in from another state. we need a gun policy that respected the second amendment, allows people to have guns. but if you are mentally ill, you should not have a gun. if you are a criminal, you should not have a gun. and to do that you have to check everyone before they buy the gun and that's the rub. people who are law-abiding citizens say don't bother me, don't check me. only check the criminal. but you can't check the criminal unless you check everyone. and this nation has to have the political courage to step up and the elected officials have to

have the political courage to step up and say this weekly ongoing tragedy of loss of life of innocent victims, school children, young girls, young boys must stop. >> former new york city police commissioner sees this differently. he sees a different explanation for the gun violence in new york city. he said this yesterday. murders are up. and if you have a propensity to carry a gun and there's a policy to de-emphasize, stop and question and frisk, it's only common sense you'll see more people carrying guns and more crime. is this because stop and frisk has gone virtually away? >> the quote is from who? i'm sorry. >> that's from ray kelly, the former police commissioner. >> i think he raises a different topic, which is the policing tactics in new york. which may be a bona fide

conversation, but that does not change the facts that we need a national gun control policy in this country. one state can't do it alone. and our state has demonstrated that. i can't pass a tougher law than we did or a smarter law than we did. >> understood. tell us quickly what you're doing in puerto rico this morning. >> i'm in puerto rico with the governor who is a great governor going through real challenges as we are in other parts of the united states. and puerto rico right now, as you know, is facing an economic crisis, a health care crisis. and we're here with a team from new york to work through together some solutions to the problems that puerto rico is facing. new york has more puerto ricans than any place other than on the island of puerto rico.

so we have a natural and institutional connection with puerto rico and the governor is a good friend and we help each other whenever we can. thank you so much for being on "new day." >> thank you for having me. a fresh round of heat for hillary clinton. a new review finds that top secret e-mails did arrive in her personal in box. but were they marked classified? and should it matter to voters? we'll explore that ahead. quicker smarter earlier fresher harder and yeah, even on sundays. if that's not what you think of when you think of the united states postal service, watch us deliver.

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number one, the "new york times" reports on a new special review that classified information was sent to hillary clinton's personal e-mail. it is unclear if they were marked classified at the time. clinton's campaign insists she has done nothing wrong. hundreds of refugees breaking past security camps. families are seen running across an open field into hungary desperately seeking sanctuary. pope francis announcing

significant new procedures for annulling marriages within the catholic faith. he wants them to be quicker and easier for catholics. republican presidential candidate mike huckabee will lead a rally in support of kentucky clerk kim davis who is behind bars for refusing to issue marriage licenses to gay couples. serena williams at the u.s. open. she and her big sister play tonight in the quarter finals. what a match that's going to be when the sisters go after it. so much history on the line. so the state of play with the hillary e-mail scandal. is she to blame? her campaign says no. he detractors say yes. different questions, different answers coming up.

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boohoo, mrs. clinton. i mean, mrs. clinton is the same person who compared republicans to terrorists. forren heav heaven sakes i actuh trump would throw a little more heat her way. >> you don't hear many people saying that donald trump need to be more negative. it is early, but the 2016 race has gone ugly early. you've got carly fiorina there with the boohoo to hillary because of her calls that the coverage related to her e-mails is unfair. and trump attacking everyone who gets in his way. including our guest hugh hewitt. what do you think of the state of play? and do you believe it is fair criticism that you added to somewhat of the hostility in the mix? >> you know, i'm happy to be called by any of the candidates whatever they think.

i think donald trump is entitled to his criticism of my interviews. i've done 30 of those interviews in the last month with some of those candidates. if donald trump doesn't like it, that's fine. our job -- and this is the business we have chosen -- is to ask tough questions that on my part i want republican primary voters who are interested in the field to hear asked and answered by all of the candidates. so i asked them all the same thing. i think it is an unusual ly eary start. none of these candidates are going away. jeb bush isn't going to fade. scott walker isn't going to fade even though he had a bumpy week. no one is going to fade out of this thing. and on march 16th, when we have the first winner take all set of priors, the field will start to clear.

until then i expect the hammers continuing to fall. i expect the sparks will fly between the candidates, not between the candidates and the panelists. >> that's what it's supposed to be, as you know. but it is fair basis of criticism about how we are covering it. you know, the criticism with you about the gotcha stuff, that doesn't resonate with me so much. maybe that's a statement against interests because maybe i'm in the same game as you are. you could say that what you did with donald trump made a suggestion that you don't like trump, that if you liked him -- >> but i do. >> if you wanted to help him, why ask him questions that you had to know he probably wouldn't be able to answer quickly? >> i love donald trump. he's the best interview in america. and he's been on six times with me, chris. the unfortunate part was when you do phone interviews, sometimes people hear things differently. i think he generally did hear quds as kurds. and that was fine.

he will get up to speed on various issues as we get closer. i have a piece going up on cnn.com today about the iranian deal. i was mostly concerned about giving $100 billion to the quds forces who is led by -- sol meimani. i'm glad that trump and cruz are doing a big deal tomorrow. republicans are unanimous in their opposition to this deal. they know it's a terrible deal for the world. they are unanimous in the fact that hillary clinton abused her server. they are better at some issues. donald trump is good on the wall. carly fiorina is good on intelligence matters.

our job, or at least my job at the debate is to ask questions that allow republican primary voters to decide who is in the best position to win in 2016 and to be a very successful reagan-like commander in chief in 2016. >> you get billed as a conservative host. let me just ask you one thing that you just said there. they are all unanimous that hillary clinton abused using her server under that u.s. code. do you believes that a fair assessment of that situation when there is no direct charge of that by any federal agency right now? >> absolutely. my first job after i clerked on the d.c. circuit was as the special assistant to bill smith. i know what sensitive compartmented information is. i know what a skiff facility is. if you've got information that you know is classified you're in violation of the law.

it's not about whether it's marked. it's about whether the recipient or the sender knows it's about to be classified. for example at cnn yesterday morning we were passing around e-mails about what the debate should be about. i know those should not go outside of the the people who are on the circuit of debate. i think mrs. clinton knowingly had on her private server sensitive information. and i believe this will come out eventually. i think her candidacy is doomed. i think joe biden is going to get in because mrs. clinton has no excuse. i believe it's a violation of law and i believe it will come out. i don't know that o.j. murdered people, but i'm absolutely certain that i believe he did but there was no verdict that he did. you don't need a verdict to come to a conclusion about someone's guilt. >> there was a civil case.

hugh hewitt, thank you very much for being on the show. the late show with stephen colbert debuts tonight. how are viewers going to react to the real colbert not in character? bleeding gums? you may think it's a result of brushing too hard. it's not. it's a sign of early gum disease... which you can help reverse by using listerine(r). added to your brushing routine... listerine(r) kills up to 99.9% of germs... and helps reverse early gum disease in just two weeks. listerine(r). power to your mouth™! also try listerine(r) floss... formerly reach(r) floss. who knows, one of these kids just might be the one. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world.

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i worked really hard to be that other guy for ten years. i hope they find out pretty quickly that the guy they saw for ten years was my sense of humor the whole time. it is i guess flattering that people thought i was an actual

pundit or a news man. it's really nice to not have to pretend it anymore. >> isn't that interesting insight? that was steven colbert talking about his debut. here's the author of the war late night. really interesting to hear him say, dean, that there's going to be freedom in just getting to be himself. >> it's going to be interesting. but the question is will it resonate with the audience? he became famous for a character. now he's giving up this character. he's in a unique position. everyone will compare him to letterman, fair or not. but they'll also compare him to the character. >> i even saw in one of his interviews he's saying look he's

having to compete against two shows, letterman and the colbert show. >> being in that character, knowledonly in that character, imagine doing that. every time you come on, you have to be somebody else. people told me they would write jokes and he would rewrite them for the character. it's har it's hard to do. >> what kind of buzz are you hearing about tonight? >> people are looking forward to a different type of show on some stretch in that it's not going to be the character. it's him being funny like a traditional monologue perhaps. in the first two weeks you've got jeb bush, joe biden, the u.n. secretary general. who has the u.n. secretary general on their second week show? that's remarkable. >> i'm fascinated to see what he does to open the show. i don't think he's a traditional

standup at all. he hasn't really done that. what is he going to do? how is he going to open his show? there's a lot of little technical things. the whole stage is going to be different. >> he obviously doesn't want to disrespect letterman's legacy. it's interesting because i know so many of these things have been looked at and examined. you talk about the politics and how much they're going to play in. you wouldn't necessarily know it by looking at some of the guests for week one. jeb bush, george clooney, amy schumer, steven king. there's wide appeal here. >> you have to remember, that's another thing. he's moving up from a show where he didn't have a big audience. he had a very loyal audience. he's got to expand his base. i think he's sending a message with the jeb bush thing, that

he's welcoming conservatives in. he was basically mocking conservatives in his old show. >> the late night wars, there's a slew of new hosts. he's trying to hit that juggernaut of fallon and those numbers that he's got. but he's got some stiff competition. >> he does. he has real competition. the other two guys are well established. not that many people are going to quit those shows to watch his show. he has to recruit letterman's old people and put it all together. the tonight show has been leading the way and they're both in new york. >> i know you'll both with watching tonight. and i will watch your twitter feeds, both of you. we have a little good stuff coming your way next. does it make the short list? yeah, i'm afraid so. it's okay. this is what we've been planning for. knowing our clients personally is why edward jones

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married to morty kaufman. [ lee ] now that i'm getting older some things are harder to do. this is not a safe thing to do. be careful babe. there should be some way to make it easier [ doorbell rings ] let's open it up and see what's cookin'. oh i like that. look at this it's got a handle on it. i don't have to climb up. this yellow part up here really catches a lot of the dust. did you notice how clean it looks? morty are you listening? morty? [ morty ] i'm listening! i want you to know . we the good stuff for you. as often happens it comes in response to bad stuff. deputy sheriff pulls over a car for failing to obey a traffic

sign. then he becomes a victim. take a listen. >> he just got out of the car and started beating the officer. so i beat him. and then i got on top of him beating him. >> this is a bystander saying what this man did, the driver. he got out of the car, ripped the headset off the officer, started beating him on the ground. but that man that you just heard, a bystander, he and two others saw what was happening. you know what they did? they did something. >> when i see people fighting a police officer, whatever, i'm gonna stop and help. >> three good samaritans. as a result, the man who was driving that car is now in jail. and the deputy can walk away with injuries, but with life ahead of him. >> and probably renewing his faith too in the community, right? especially given the sentiment that's out there right now. >> but also so scary for a bystander to have to go and intervene when you know at least one person has a gun, the

officer. and to step in and save that officer's life, it's so great. >> three guys stopped and helped. i'm going to tweet the link to the story and the good guys there because i want them to get the recognition. >> good morning. thank you so much for bringing us that story. "newsroom" starts now. and good morning. i'm carol costello. thank you so much for joining me. we begin with the escalating migrant crisis. moments ago refugees broke past a security line along the hungary-serbia border. our crew was on the ground the moment it happened. >> reporter: we're running now with these migrants and refugees who just broke out of the holding area right along the border with serbia. the police are literally right behind them and