we'll stay here for more out numbered on the web. fox news.com/over time. you can tune in and chime in at the same time. meanwhile get ready noon eastern we are back. >> a grim search for service members after a helicopter crash off of the florida pandhandle. human remains have come ashore. seven marines and national guard soldiers are all presoumed dead. hundreds of people are scouring the area since last night. crews found debrie early this morning and search efforts were hampered because of the fog in the area. they were flying in a lous lose army national guard black hawk and conducting a routine training mission. it was between pensacola and destine.

it is used for test missions. we are covering all of the news "happening now". >> isis on the run. a town close to tikrit celebrating their liberation. and now hard questions here at home on how to battle the terror group. it will continue if not stopped to seize more. >> plus, caught on camera, a reality show turned deadly. ten people killed including three three top french athletes and japan remembers four years after a devastating earthquake. is california next? >> the earthquake is inevitable. the only question is when. and odds are rising.

it is all on "happening now". >> but we begin on this wednesday with new development in the email scandal dogging hillary clinton. the associated press suing for access for the correspondence with her four years of secretary of state. >> the it comes under the freedom and information act that have gone unanswered and one day after mrs. clinton defended her e-mail saying she did it because it was convenient and the server is off limits. hi, ed. >> it is interesting. what that briefing in the white house, the fallout from the story has spread to the obama administration, the white house, and state department, beyond any potential campaign of hillary

clinton. it is the state department that is sued by the associated press as you noted and what they are trying to get at the not just e-mail but they want her private and public calendars to find out who she was meeting with and what kind of correspondence she had on osama bin laden and nsa surveillance and weighty issues that we don't have information about. and theapis suing for other communication with other top aides that might have personal e-mail accounts and shielded from scrutiny. josh earnest was asked about the e-mails that might have been accidentally deleted. he said you will have to talk to the clinton team. that is significant because republicans like trey gowdy is saying that since secretary clinton controls the server they have a lot of questions

about whether anything was deleted. >> we don't have any choice we'll have to talk to her about the e-mail arrangement and server and i need to know who "we" is. she's destroyed e-mails that she deemed personal. there is a lot of e-mails that are mixture of personal and public. how did she reconcile that. >> reporter: she defend herself by saying she turned over 55000 e-mails and it may take months to decide what is sensitive and not sensitive and democrats like joe trippi said as long as there is no bombshell he thinks she will survive this. >> the more it will build up credibility if well is no smoking guns. but e-mails that raise

questions the republicans will jump on them and that will affect the independents and people giving her the benefit of the doubt now. >> reporter: if what she was saying was the truth in the news conference. the point is, that she is in control of the server and trey gowdy is saying who is "we"? was it a personal attorney instead of administration lawyers and the secretary said she would not allow a third party to look at that server and see if the e-mails that were deleted could have been recalled. >> interesting. thank you. >> joining me is david the white house correspondent for the washington post. and elenna johnson is washington editor of national review. you say there is a bigger issue and bigger picture issue up for grabs here, not so much about the number of e-mails and how many and to whom they were

written? >> that's right. we all know the clintons don't play by the same rowels as anybody else. that's what the '90s were about. but this is a scandal than file gate or travel gate or white water this is hillary clinton taking a part of the u.s. government and conducting government business out of her own home under the veil of sekressy and without transparency and that raises constitutional questions, when was the last time that happen? iran contrawhen national security affairs were conducted under a veil of secrecy in and 14 people were indicted. >> david, it goes back to the then upon candidate barak obama and hillary clinton. some of those difficulties were never erased and the white house sort of trying to defend the

former secretary of state? >> until yesterday when secretary clinton faced the questions. it was the white house trying to field the question asks keep the president removed from it. this is a story line. she's taken a number of obama aides on her would- be campaign instruct and you are they deal with the fallout of this, it will be interesting to see how they deal with the white house staff. her time in the state department was supposed to be a key part of her resume for higher office and international relations and deplomacy and this could tarnish her argument for. that >> there is a piece and the opening sentence is interesting. the circus is back in town. lots of old questions are dragged up once again. >> absolutely, that's why we are seeing james carval and lany davis defending the clintons and

a lot of the old faces and issues. but this scandal is much more significant than whether bill clinton was fooling around with an intern in the oval office or what happened to the white house travel staff. this raises important questions and this scandal is of another level. it will continue to dog clinton if troy gowdy is serious. americans are not okay with the government privatized and run out of her home. >> she could let archivist inspect those servers at her home right? >> she could. she said she will not allow that to happen. and these servers were protected it by secret service and that doesn't protect it from being hacked. if not letting outside come in and look at the servers that would open up another set of

problems and whether it is revealing her yoga routines with her duarte or something more serious is to be determined, but the bigger question for her is openness. the administration trying to talk about being open and transparent and it is it a black mark on both of them. >> stick with us for a minute. we would like to get your reactions to the report of health and human services sylviowa a bierwell making remarks about building up a long- term health care system in america even as republicans look for an alternative to obama care and jeb bush and ted cruz, weighing in. senior political correspondent mike emmanuel has more on that, mike? >> reporter: john, only march 2015 and several presidential hopefuls are saying obama is a failure and must go.

>> seeing millions of americans who have lost jobs and forced to part- time work and lost health care and doctor, we need to repeal it and start over. >> it has to be repealed and replaced with something that allows americans to buy the health care coverage they anda price they can afford from any company. >> reporter: former combof goff jeb bush said the health care should be shifted back to personal choice unless disaster strikes. >> the effort by the state try to create catastrophic coverage where there is relief in the families in this country and you have a hardship that goes beyond the means of paying for it the government is there and an enitty is there to deal with that. >> reporter: wisconsin governor scott walker is asked what he

will do if it is thrown out. he said it is up to washington to fix the law. wisconsinites could lose federal subsidies and administration officials have not talked about plan b and said obama care offers choice and options. >> consumers don't want benefits taken away. and numbers and statistics are important. but behind them are the real lives that have been changed. >> reporter: the reality for republicans they are not getting obama care to sign an obama care replacement. but if there is a gop president voters will want to know repair and replace and how that candidate would do it, john? >> mike, thank you. let's bring back david and enana. david, i was struck in the king versus burwell argument is one.

administration points, even if you find it illegal or unconstitutional you can't undo it because too many people are signed up. >> that's the administration's strategy here to implement this and enshrine it the. not only for the legal and political argument. sign up as many people as possible and get them to rely on the coverage and make it difficult for the republicans to overturn it and make it difficult for the court, taking in account the real life in prison situation to not over turn it. it could hurt folks in red states more than in blue states because they rely on the subsidies and republican dominated states and that's the argument they are making and whether the court looks at that or not is determined but the administration went all in on this. >> many republicans in congress are saying we that is republican members of congress,

have to come up with an alternative to obama care and now they are backing away from that for political reasons can you explain? >> the administration wants people to lose their health care plans because they will point to the republicans and say it is these guys fault. they wanted it this way and they did. republicans are facing whether to unite under a replacement or do something else. you will see them unite behind a cobra plan for 18 months. it is the time for the republicans to coa lease behind a nominee for president and the burden will fall on the republican nominee. and not on the senate majority or house but the republican nominee for president and you will see it from the the senate

and buy time to do that. >> good discussion, thank you both. >> thanks, jon. >> we have another big story to watch today. president's top foreign policy and military advisors facing tough questions on capitol hill about isis. what they are saying about the administration's plan to defeat the terror group and as they battle for the strong hold of tikrit. and thieves pull off a multimillion dollar heist. >> and will hillary clinton crisis allow her to turn the page. go to "happening now" and click on america's asking to join the conversation.

>> a story in the first hour of "happening now". a burning tanker truck shutting down a stretch much i- 94 in

michigan. the fire and sending flames and black smoke in the air. officials are asking drivers to avoid the area and no word yet on fatalities. state police say no one was hurt. >> and combing the french countryside after a multimillion dollar jewel heist. police say 15 armed robbers ambushed two vans and forcing out the drivers and speeding off with a treasure trough of jewels. the drivers were unheart. >> and the iraqi forces entering the embattled city of tikrit. this is video from the ground now. government forces backed by

iranian fighters carrying out a street by street offensive to recanture the strong hold of isis. and this as the joint chief chairman take questions about the president's war power request and america's over all strategy for defeating isis. here is the latest on this, jennifer? >> jenna, the pentagon can't confirm the exact location in tikrit namely because u.s. troops are not part. the video suggest that the iraqi troops have entered the city. >> we for the city of tikrit and like to tell the displaced families to come sxhoem i have determined we will never with craw. >> fighting is street to street. and this statement by the iraqi soldier is designed to tell them that the iraqi forces are there

to stay and will protect them from isis returning. and the chairman of the joint chief is frank about the senitarian revenge killings. so far he welcomes the involvement of iran on the ground. >> we are all concerned about what happens after the drums stop beating and isil is defeated and whether the government of iraq will remain on a path to provide an inclusive government for all of the various groups within. it we are concerned about that. >> in the center of the debate why they need a new isis specific for the military force and why they are asking for a three year sunset clause. >> the president's proposed authorization affords the american people a chance to it assess the progress in three years time and provide the next

president and congress to reauthorize if necessary. this is a principled provision of the a mf. and i am not sure the counter are isil campaign will be completed in three years. >> reporter: last week the new defense secretary thought the three year time frame was based on a political calendar and not military assessment. >> we'll talk to walid. isis is pushed back in iraq and another headline in capitol hill where top officials are concerned about the growth of isis. we'll have that in a few minutes on "happening now". >> new details on nas-car decision on the future of driver kurt busch. >> he knowing he killed his young son and the defense said he was sleepwalking at the time.

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>> just in nas-car reenstalled kurt busch. he was suspended over a case of domestic violence. that it incident dated back to september. six days ago, the delaware attorney general declined to press charges. busch can get back to competing but will be under probation. >> and two dc metro cars and walking away unscathed and the scary incident was captured on surveillance video.

and you can see the man falling between the train cars. this is seconds before the train left the station. and passengers tried to signal the conductor. they were able to haul him back on the platform. witnesses were amazed to see he was actually okay. >> it looked like he would go off the other side and myself and other passenger grabbed him and sat him down on a bench. he seemed shaken up and otherwise seemed okay. it was amazing. >> the man declined medical attention. >> one lucky guy. prosecutors are calling johar tasarnaev written confession a motive for the bombings. tasarnaev seemed to denounce u.s. action in muslim countries

jealous of his late brother who he said is now in paradise. it was written on the side of the boat that tasarnaev hid in. it is one of the pieces of evidence brought before the jury. we'll talk about what it means. healther ensen is also with us. and rebecca to you first, it is my un that the defense wants to wield that whole boat in on the trailer and plop it outside of the courthouse and parking garage and let the jury see the entire boat. the prosecution said bring in the actual note. what difference does it make and why does the defense want the whole brought in. >> the defense admitted he did this but trying to prove he was not a criminal master mind but a disturbed young man and seeing the boat and the crazy place it

was for him to be and the bullet holes and blood makes him more sympathetic than seeing the manifesto in isolation. we'll see what the judge allows. >> at the time he wrote that his brother was dead and in fact he may have killed him by running him over after the police shot him. and can the defense argue that he was under his brother's influence when his brother was not alive at that point? >> they will try. and that's why the prosecution is so strong and tweets that he sent out that showed he was radicalized and the fact that he ran over his mother is a important part of the trial and he was following the radicalized website and twitter accounts and he had more than one. and years before this. and not only right before. this he tweeted tweets that made it clear he had the same point of view as his brother.

it will be helpful in saying it was not his brother's influence but his beliefs that brought him to that day. one tweet from march of 2013, he talks about. i want to study abroad or not abroad. he wants to study it a woman. not classic muslim -- >> exactly he doesn't seem like a extremist in a lot of his tweets and the defense made a lot of progress cross examining the fbi agent and pointing out the prosecution pulled out hand picked tweets that made him like a mischaracterized and some of those tweets were from comedy central and not what the fbi said they were. the defense made progress and showing the hand picked selection of tweets is not the

whole story. he was a young kid, too looking to hook up. >> we are watching the jury deliberations in the sleepwalking trial. joseph mitchell claimed he was sleeping when he killed his four-year-old son and attacked two other children in 2010 it. heather does it give a chance of working. is sleepwalking an explanation for this horrible behavior? >> sleepwalking defenses in 18 hundreds were working but once hinkhwell y was convicted but the jury's aversion to these defenses grew. it is unlikely they will excuse this man. he was overtired and stressed. if everybody that was overtired

and stressed led to this type of thing it would be dangerous and the prosecution argued that type of a thing. >> rebecca, how do you assess the chances of the defense. >> it is a long shot and not an easy defense and rarely worked. they have to try and if they convince the jury that he was unconscious and did not know what he was doing then the jury could acquit him and find he is not cupable. it is it a long the shot. >> we'll see what happens and let them know. >> iraqi forces entering tikrit and battling isis for control. what it means for the fight. and did your 401 k take a hit yesterday? we'll check on how wall street is doing now.

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>> head lines from overseas iraq sewing large starts of the embattled city of tikrit from isis. the secretary of defense ash ton carter are said it is only getting worse. >> the proposed a mo doesn't include restriction.

isil showed shines of matac tiicizing outside of syria and iraq. >> and your viewers might notice two headlines that we are covering today. isis is getting beaten back if you will in iraq is saying that isis is growing outside of the area. and is isis getting beat or getting stronger? >> it is a situation of analysis. isis is growing all over the world. biggest addition to isis is boko haram in nigeria and we'll see them in afghanistan and other parts of the world. worldwide isis is growing. in iraq there is an iranian operation in tikrit. and they may take the city but will they hold it against

guerilla warfare or will they continue to move to mosul. we are looking at isis growing worldwide and iran moving in iraq and seeing the sunni areas. >> let me ask you about this. we say iraqi security forces and shiite militias that are iranian shiite militias and we hear backed by iran and militias are taking iraqi cities under control. is that good news? >> that is extra teggic defeat it. like the soviets take cities from the germany? we know for a fact that the iraqi army is moving and guided by the head of the force. and supplied and back by militias all controlled by the

iranian. every inch of land liberated from isis is occupied by iran. >> you have a terrorist group fighting the number one state sponsor of terror. and that is like two terrorist organizations fighting each other. and what about the sunnies. who can we trust in the middle east? and we know we have trusted certain groups before for example, the u.s. military worked closely in the awaken with certain sewny groups that did not want to live under al-qaeda and they didn't want to live under the baghdad that was backed by the iranians. they are trusted agents and we worked with them before. what about them in all of this? >> we trust we rebandon. and retrust and abandon and that is the story of the foreign policy and by now these tribes who worked with us and defeated

al-qaeda all they wanted before we leave iraq that they would be part of the government and we failed them, because had we put them part of the government this government would not be pro iranian. it is a military political mistake. we trusted people in friends in egypt and the brotherhood took over, weep abandoned the people ofe egypt. >> why do we do that? it doesn't sound very smart? >> i think the advice that is given to the white house that we are alleys of the brotherhood. and possibly a deal with the a yatollla h. it is the wrong advice. >> the stock market and your 401 k bouncing back. and the s&p 500 reported the worst losses in months. bargain hunters are out after the triple digit loss.

and the dow is up. and joining us now from the business sister network. cheryl how is it looking dead. >> we are seeing a come back from yesterday's disaster and that was the worst in two months and one of the worst is the u.s. there. and strengthen. wonderful to travel to europe on vashgs kagdz. but we are following a developing story about apple. customers can't get access to the itune store and those are down for repair and now back up and running and this affected user in the u.s. and hong kong and switer land are waiting for an update to see if everything is back on line. and looking at a company.

tyson food it, there is a suspected bird flu case in arkansas. we are waiting for confirmation that this is indeed the bird flu. this comes on the same day they are removing the antibiotic in the meat. that is used for humans and many companies like mcdonalds don't want to buy meat that is raised. and finally john. there is good news. and national average for a gallon of gasoline is down. and it is a little bit. and seeing a bounce in california. gas in the golden state up $0.74. 3.42 a gallon. and rest of us good times on the rod. >> and even in new york it is a surprise when i fill up my

tank. ncan you catch more on cheryl's reporting. go to it fox business.comand/channel finder. >> and filming on a reality show. caught on camera, two helicopters slammed into each other with deadly result. four years ago, the deadly earthquake struck japan and in california experts believe the risk of a big one is growing.

>> busy day on the real story. state department needs to reconstruct the classified computer system after suffering a hack. was national security compromised with hillary clinton e-mails. and the home system was set up for president clinton's office. don't we own that server? ed henry will answer that. >> and how much does it cost to

sit through the 50,000 plus printed e-mails. a lot. should veterans should be able to smoke pot to combat ptsb and injuries? don't miss the show. >> awful video to show you. tragedy strikes a reality show production in argen tin and all caught on camera two helicopters collide in midair. both aircraft plunged to the ground and carrying three people to their deaths including three top athletes. and two victims were olympics medallist. one for swimming and one for boxing. one waswell known compettive sailor. >> new information on the threat of a massive earthquake on the west coast of our country. even as japan remembers the twin disasters four years ago today. the earthquake and tsunami

killed as many as 18000 people. what about the united states? the risk is rising for a california quake as powerful as an 8.9. that is 90 times more energy than this quake that hit north ridge, california in 1994. we are joined by richard from the university of berkely. richard, we look at the chance being greater, experts say the risk used to be 4.7 and now at seven percent. that is the difference. what significance is that? >> it does make a difference. we know that there is a real risk of significant earthquakes like the north ridge earthquake. but there are three big events that increased in likelihood from 4 to 7 percent. it is a reminder that we have to

be ready for the modern earthquakes and we have to be ready for the big events. we know they are coming and there is a good chance one of these may open in the course of the next few decades. >> why the change in the estimate? >> we update the estimates and incorporate our improved science and understanding of the earthquake process. and what changed here and new we have a better understanding of how faults talk to one another. now we understand they jump from one fault to another. and that give bigger earthquakes and the probabilities are going up. >> we talk about big earthquakes and what are we talking about richard, can you describe that? >> magnitude eight releases 90 times as much energy as the north ridge earthquake.

this is a lot more energy and does damage over a larger region and again points to us all taking responsibility for being ready for the earthquake. we need a kit and plan and think about the buildings that we are living in and the final piece we need to look to new technologies in order to reduce the earthquake problem. and one of the things we are working on is a earthquake warning system. >> i am looking at the video we of the earthquake, richard, one in 1989. i lived in san francisco and where i grew up and i remember that earthquake well and the power was extreme and breaking apart part of the bay bridge, one of the things we are seeing on the screen right now. >> thing to remember that is not a magnitude eight. if it occurs through the bay area, it would be bigger. >> that's scary and looking at footage we are seeing there.

we have covered the other stories as well. random swarms of earthquakes in texas and in oklahoma, is that connected to when we areas like texas and oklahoma, is that comparable at all to the eveps in california. >> the events in texas and oklahoma is that they are away from a tectonic boundary. we don't understand the events in oklahoma and texas as well as the west coast of the u.s. we need to study them, we need to put out seismic networks so we can catchp dhur the smallest earth quakes of the region. >> some are pointing to fracking others say that's definitely not the case, so there's disagreement as to what the causes might be. as partisan bickering goes on over obama care some health

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many states are struggling with a funding short fall for maybe own health occasion exchanges and in washington state, taxpayers may end up footing the bill. >> just like a lot of states, washington signed up a huge number of people in the expangd expajded -- the exchange decided to ask all the taxpayers of washington state to chip in to the tune of $125 million.

>> we didn't have a -- we now know more about what it's going to take to serve 1.7 million customers that come through the system. >> critics say they were told it was supposed on the self sufficient now that the federal grant money has run out. a majority are having trouble paying their operations wut a fear tax on the general population. among them new york vermont and rhode island where there's a move to dump the exchange and get into the federal system which has already been done in oregon and nevada. critics call it bait and switch. >> if the product was that great to begin with people would know about it, they would understand it. that has not happened with our state exchange. >> it's also not happening in california, the most populated state where a budget short fall has the exchange looking at $84

million in unused federal grant money just to stay afloat, john? >> what a mess. >> dan springer, thanks. new fallout over hillary clinton's e-mails, now the state department is demanding thousands of e-mails clinton sent from her private account. and minerals antioxidants and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™. why do i cook? because i make the best chicken noodle soup. because i make the best chicken noodle soup. because i make the best chicken noodle soup. for every way you make chicken noodle soup, make it delicious with swanson®.

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a flight attendant involved in the nut rage incident has fought back suing the airline. the company's chairman is serving a year-long incident over this incident. c ch the flight attendant says cho physically and verbally abused here. never look at macadamia nuts the

same way again. the real story with greching starts now. >> thanks very much, guys breaking news from the national guard on the military chopper crash. new questions about whether our taxpayer dollars funded hillary clinton's server. and will medical marijuana be available for all veterans? i'm gretchen carlson and the real story starts right now. >> kicking it off with a fox news alert, after a blackhawk helicopter crashes off the florida coastline, crews confirm human remains, along with debris, both have washed to shore. the blackhawk went down during a training drill. the 11 marines and soldiers on board are now presumed dead. we're told the search and rescue mission is still under way.