beautiful baby girl. oh my is she pretty. elliot taylor lawson was born tuesday morning. weighed 7 pounds. we wish them all well. beautiful family. congratulations. >> that is alex's best production. see you soon. >> take care, guys jenna: say congratulations. we should start there. we should show a baby picture to start off. great way to end the show. great way to begin one as well. we'll start with politics. new signs that hillary clinton could soon run for president. i'm jenna lee. jon: i'm jon scott. we know that might surprise you but according to "the los angeles times" the mrs. clinton's campaign in wait something operating out of a cramped manhattan office as staffers map out return to politics in the office she used since she left the state department. let's bring in nina easton

"fortune" magazine. jonah fold berg, senior editor "national review." both are fox news contributors. she has not nina, gone the traditional path of forming a exploratory committee before you announce you're running. why not? >> jon there is not much to explore. she is running. you've seen in the piece that she is in a cramped midtown manhattan headquarters. we've seen the last few weeks her incredible operational advantage over this crowded field of republican candidates. so she doesn't have to vie for talent with anybody. she is, she is picked off john podesta, jen palmieri from the white house. she has the campaign whiz from the obama campaign, jim messina is already running a super pac. she doesn't have to compete for dollars. this is incredible advantage she will start off with. jon: is anybody on the democratic side jonah, going to be able to compete with that? >> probably not.

it is conceivable you can imagine, if elizabeth warren ran, which i don't think she will that would really upset hillary's narrative because they're trying to front-load this as an argument that the country needs a woman and she is only one who qualifies as a woman. jon: wait a minute. you're treading into that dangerous territory that the clinton campaign said it does not want people to focus on. >> well, come on, but that is a lie. the simple fact that the whole argument about ready for hillary, the talking points we heard from harry reid recently, how her chief qualification she is a woman. the benefit of harry reid he is not sophisticated enough to hide spin in a clever way. you can figure out what the talking points are. i agree with nina entirely about the advantages but those advantages come with disadvantages. there is a vast, sprawling you might call it clinton industrial complex out there. with all sorts of internal factions a massive bureaucracy

of rent-seekers and hangers on. that will be a very difficult things to man manage. friends of hillary friends of bill all that. having real competition might impose a kind of discipline early on that would come in handy down the road. jon: one wonders, nina, whether this campaign organization she is about to build or about to launch, is going to have so many moving parts it could be this big lumbering creature that might not be thimble enough to react to, you know, changes in world events and changeses in the campaign dynamic. >> well that was certainly her problem as we recall in 2007 and 2008. that is why barack obama was basically able to end-run her because she had this big lumbering campaign. but i think time around it is totally different because she doesn't have a real contender in the democratic primary. the other thing is that she actually had missteps before she

set up a campaign. so the campaign at least will provide a more message discipline from the get-go. i'm not saying that there aren't, she doesn't have issues and that she will not have problems but she will not come out, with that bruised battered, you know she will not come out bruised and battered out of a bad primary which i think inevitably the republican candidate is going to come out of. if we look back at 2012 where mitt romney came out just broke, bruised and battered. and i think we're going to likely see the same thing again. jon: hillary supporters, jonah, say she has not been badly hurt by the email scandal and yet her poll numbers have drop and it is roughly in confluence with the revelations about the fact that she was using her own private email at the state department and then, destroyed those emails. how big of an issue will that be in the campaign do you think? >> it is actually hard to tease

this out. a lot of us were saying from the beginning her high poll numbers from secretary of state were unnatural, she was simply outside of politics. anyone who is outside of politics at a time when washington and politics are so unpopular will benefit. she seemed above partisan politics. now that she is getting back in partisan politics as predicted her poll numbers are dropping. some clearly has to do with the email and erased server all of that, how much we don't know. she is inherently polarizing figure the more people are reminded she is polarizing the more her poll numbers will go down. remember, she is not a good politician. she might be a good tactician. she might be a good lawyer and good she is mediocre politician. just because she is clinton doesn't mean she is not a fraction of how good her husband was on retail politics. anyone who survives the 16-man

steel cage match the primaries will be. jon: imagine her slogan, nina. what does she point to her time as secretary state or i suppose as new york senator what does she point to her accomplishment that qualifies her to be president? >> well that is going to be the great conundrum for her in a general election. is the world is more dangerous now. she hasn't been she wasn't running the state department when it completely crumbled, particularly in the middle east but we've seen where she has tried to distance herself from the white house, for example saying that she argued along with leon panetta and david petraeus to intervene in syria early on in 2012 and the president didn't do that. that of course created this mess in syria, a void that was filled by isis and leaves us in this dangerous situation now. she has to find ways to say to both say she is veteran of the foreign stage but also to

distance herself from the worst parts of the obama foreign policy. jon: president obama has said he will campaign for her. is that going to help, jonah? >> it certainly will help in certain places. it will certainly help raising money. definitely help in essentially blue states but raised the issue of the president's incumbent president's popularity matters a great deal when there is a candidate trying to replace of the same party. george bush's low approval ratings in 2008 were just a lead albatross around john mccain's neck. that is the way it always works. if barack obama's approval ratings are only low 40s or high 30s, anything like that, it is very difficult for any democrat to come in. basically the election is in some part a referendum on the democrats. that is the historical trend. jon: expect that hillary clinton announcement sometime we're told in the next couple of weeks. jonah goldberg nina easton. thank you.

>> thank you. >> steel cage match as jonah was mentions i like the description for the republicans. jon: republican contenders. jenna: republican senator rand paul is set to hold his first rally in south carolina since officially beginning the race coming up about an hour from now. the first southern state holding a primary is key to propelling any candidate to victory. republican senator south carolina senator lindsey graham potential bid could change the gameplan for other candidates. john roberts is live in charleston with more on all of this. john? >> reporter: good morning to you. beautiful day in charleston. spectacular backdrop for the rand paul event uss yorktown, highlighting military to south carolina voters. on that front there is skepticism where rand paul stands. one of his biggest critics south carolina senator lindsey graham said rand paul's foreign policy is to the left of

president obama. lindsey graham is mulling over a bid for president saying one of assets, telling me in greenville, one of his biggest qualifications as president, a long experience as military reservist and vast experience with foreign policy in his time in the senate. >> people say maybe we need a governor. here is what we need. we need somebody that understands the threats we face and can defend this nation against a surge in radical islam that understands what the middle east actually is, and this is really a religious war. i think on day one i could be that person. >> reporter: the south carolina primary very important for republicans, not so much for democrats. south carolina likes to say it is the state that picks presidents. in factn every primary since 1980, except for one they picked eventual nominee. in 2012 they picked newt gingrich which is bit of an outlyer considering south carolina's past history. barry wynn, big bundler former chairman of the south carolina

republican party he believes 2016 voters put idealogical purity in favor of voting for the person electable nationwide. >> they want the most conservative candidate who can win. i who can win than who is my favorite. i think that will be more important this time than it has been in the past. people are a little tired of losing. >> reporter: could senator lindsey graham be that person? perhaps perhaps. he is in the top three. he told me he is not just in it to win south carolina. if he doesn't do well in iowa and new hampshire he will pull out before the south carolina primary and support someone else. could rand paul be that person? he is polling way down the list. he is trying hard in today's event. just since tuesday his campaign raised more than a million dollars. jenna? jenna: john roberts live in south carolina today. thank you. jon: to the sweeping verdicts now in the boston marathon bombing trial. dzhokhar tsarnaev convicted of

all 30 charges. now the stage is set for the jury to decide whether he should get the death penalty. molly line live outside of the u.s. distribute court in boston with more. molly? >> jon, the penalty phase could begin as soon as next week. it is worth noting that next week also marks the second anniversary of the boston marathon bombing. when dzhokhar tsarnaev and his brother tamerlan placed two bombs at the finish line, killed three people, maimed hundreds, remember that was april 13th, 2013. remember when the verdict was read the judge said exact penalty date would be announced. the second pays could be as long as the first part of the trial. the same jury will decide if dzhokhar tsarnaev gets life or death in this case. in the coming weeks we'll hear from each side. defense attorneys for tsarnaev presenting mitigating factors in an effort to jurors to spare his life. prosecution will present

aggravating factors what they call for the penalty of the now convicted bomber. admitting his involvement his defense team consistently worked to shift blame to his older brother tamerlan, arguing that the bombing would not happen without tamerlan's influence and actions. that he gathered parts for and built the bombs. prosecutors argued that death is justified in this case sightings dozen aggravating factors and killing more than one person in single criminal episode. the crime was especially heinous, cruel and deprayed manner. one of the victims killed was particularly vulnerable martin richard was just eight years old when dzhokhar tsarnaev put that bomb down just behind him. jon? jon: molly line in boston. molly, thank you. as this trial moves to the sentencing phase we'll dig deeper into whether prosecutors can get a death penalty verdict with the attorney who prosecuted the shoe-bomber, richard reid. he will be up in a few minutes. >> interesting conversation. police make a second arrest in the brutal stabbing death of a

married washington lawyer found dead in a hotel room. plus a warning from iran over airstrikes targeting rebels in yemen. what iran's president thinks of the air campaign by saudi arabia ant its allies which the united states is one. america's asking, we want to hear from you. will hillary clinton face a serious competitor for the 2016 democratic presidential nomination and should she? our live chat is up and running. grow to foxnews.com/happeningnow and join the conversation. ♪ ♪ ♪ ♪ great rates for great rides. geico motorcycle see how much you could save.

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a. checking your credit score is for chumps. i have great credit. how do you know? duh. you know those change, right? tattoos don't change. try credit karma. it's free and you can see what your score is right now. aren't you a little bit curious? i just got my free credit score! credit karma. really free credit scores. really free. i have got to update my ink. jon: fox news alert on the case of robert durst, the millionaire real estate heir who is facing weapons charges in new orleans. he has pleaded not guilty to two weapons charges which means he will stay in new orleans for now even though he waive extradition to los angeles. he is wanted in california on a murder charge. we'll keep you updated on every strange twist in the case of

robert durst. right now updates on some other crime stories we're following across the country. police arrest a second person in the stabbing death after lawyer in washington. david messerschmidts's body was found two months ago in a d.c. hotel room. authorities charging dominique johnson with conspiracy to commit armed robbery. another woman was charged with murder after responding to a an ad online for section with a man. day three of the trial of former new england patriot's player aaron hernandez. the jury asked for additional clarification on additional weapons and ammunition charges. a court in poland delays a hearing whether to extradite roman polanski to the united states. they will ask more documents in the request to extradite the film director for a sex crime against a child in u.s. in 1977. jenna: troubling new information on the growing chaos in mem

yemen as iran issues a stern warning to saudi arabia and it allies including the united states. john huddy live in the newsroom with more. john? >> reporter: jenna, iran's president called really for an i am maid i can't think end to the saudi-led coalition airstrikes saying they're wrong and they're a quote, unquote mistake. when you first hear that you think it is some kind after veiled threat. he, what he is calling for what iranian president hughes sawn rouhani is saying that there should be diplomatic talks instead. saudi arabia and coalition should stop the airstrikes so it will end fighting and violence we've seen, plenty of that over the last couple weeks in yemen but secretary of state john kerry warned iran about its, its involvement in yemen's civil war. remember iran has been back the houthi rebels. iran denies that. the houthi rebels denies that. u.s. officials say that is very clear that iran has been

involved. yesterday of course we found out that iran dispatched two naval vessels to offshore of yemen's coast, including a naval destroyer. and iran says to protect the shipping lanes from piracy. but obviously iran's quote-unquote protection is adding to the overall tension in that region. as far as diplomatic talks go, many believe that you know, that will be virtually impossible when you're dealing not only with houthi rebels but aqap, al qaeda in the arabian peninsula, which has been based out of yemen and as we found out has been gaining ground, taking over more territory and taking advantage of the chaos in yemen. also isis-aligned militants claimed responsibility for attacks including attacks on mosques last month in the capital of sanaa. all that together continued violence. we're seeing more fighting in aden the city of aden, where the houthi rebels continue to

battle for control despite the ongoing airstrikes. there were more overnight. those continue today. and the rebel fighters, also have reportedly, we're getting this information coming out today, they have reportedly taken over atak in southern yemen. this is an important city because a major airport is located there. and there is also a lot of oil in that region. okay? so a lot of fighting going on there. i also should mention jenna that the humanitarian crisis continues to grow. the international red cross at this point is trying to get medical supplies into the country. aid groups say they are quickly running out of those supplies. right now an estimated 560 people, civilian casualty, have died in the fighting including as many as 74 children. and that number, obviously, jenna, could likely grow. back to you. jenna: john, thank you very much. jon: some new details reveal our veterans are still suffering on long waiting lines for medical

care despite so-called reforms. then new insights on the upcoming penalty phase of the boston marathon bombing trial. the attorney who prosecuted another terrorist shoe-bomber richard reid, joins us with his thoughts.

jenna: despite all the outrage and promises to make it better we're still learning new information about the health care of our veterans of the biggs headline after the so-called va scandal really not much has changed. new analysis from the associated press reveal veterans are suffering on long waiting lists despite reforms at the department of veterans affairs. the report showing since summer the number of medical appointments delayed 30 to 90 days largely stayed flat. the number of appointments that take longer than 90 days to complete has nearly doubled.

from august 1st to the end of february, nearly 894,000 appointments completed at va medical facilities failed to meet the health system's timeline goals which calls for patients to be seen within 30 days. jon: jury finds dzhokhar tsarnaev guilty among the 30 bombings. 30 teen counts make him eligible for the death penalty. the elections near the tin -- explosions near the finish line killed three people including 8-year-old boy. and 260 people were wounded. the sentencing phase could begin as early as monday. the same jury will decide between the death penalty or life in prison for tsarnaev. our next guest prosecuted terrorist richard reid, the so-called shoe-bomber who attempted to kill 197 passengers

on an american airlines flight shortly after 9/11. michael sullivan, also former u.s. attorney for the district of massachusetts. michael, thank you for bringing your expertise here today. the richard reid case first of all, was not a death penalty eligible. can you explain why? >> sure. it was not pause there were no deaths that occurred as a result of richard reid's efforts. he was unsuccessful in igniting his explosive device. so nobody died as a result of richard reid's conduct. you need a death to have a death eligible case. jon: in this case the boston marathon bombings you have three deaths, you have 260 people hurt, 17 who lost limbs. yet it is my understanding only about a third of the cases in which federal juries see death penalty eligible defendants only about a third of the time they actually give the death

penalty. are you making any predictions as to what happens with dzhokhar tsarnaev? >> well i certainly wouldn't want to predict but i will say this. the government essentially has to prove at least one aggravating factor beyond a reasonable doubt. i think it is likely they will aggravating factors. the fact of the matter there were four people murdered as a result of his conduct. you look at the substantial planning. at least one of those needs to be proven beyond a reasonable doubt. that's the first hurdle. then the jurors have to consider whether or not they have any lingering doubt in their own minds about guilt. in this particular case i'm confident the jurors have no lingering doubt about the defendant's guilt. even though he didn't plead guilty he certainly acknowledge the fact he was a participant with his brother. then you look is this worst of the worst both in terms of crime and criminal? i think the jurors will conclude that he clearly is. and thin that will have to be offset by i suppose by the defense efforts to show there is

some reason to spare this defendant's life. jon: you were a federal prosecutor in massachusetts. you know the people of boston well obviously. this is a death penalty qualified jury, in other words a death penalty qualified jury. in other words each of them said they could impose the death penalty if they felt it was warranted and yet the roman catholic archdiocese of boston came out this week, don't give the guy a the death penalty. massachusetts, left-leaning state doesn't like the death penalty, doesn't have it as a state penalty. all of that works against giving the death penalty to dzhokhar tsarnaev, doesn't it? >> well, it does but obviously the jurors were qualified to serve. they were examined by the court. they had to submit extensive questionnaires. they all indicated they would be able to impose the death sentence if in fact that they were persuaded that the aggravating factors had been satisfied and there were no

mitigating reasons. in fact boston jury has imposed a death penalty against a federal defendant within the last 10 or 11 years. jon: all right. michael sullivan who prosecuted richard reid. it is going to be interesting to see what this testimony brings us over the next couple of weeks and what the jury ultimately decides about dzhokhar tsarnaev, whether he lives or dies. thank you. >> thank you. >> iran's supreme leader making the first public remarks about the framework deal with six world powers to limit his country's nuclear program. what the ayatollah wants and doesn't want in any final agreement and what that means for us. also the markets responding to some new jobless data and first batch of first-quarter earnings. how are companies doing. we'll check in with fox business. if you're travel spring, if it you're flying coach could be less comfortable but we always ask is that possible, jon but yes it is apparently.

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>> robert burst is back in jail pleading not guilty to gun charges and he is waiting to be

extradited to california for the murder charges. and how a pregnant woman's physical activity may lower the risk of heart problem for a child. and they nabbed a main in puerto rico accused of impersonating with navy seal. jobless claims rising last week hitting 281,000 according to the labor department. that is after applications fell to a 15 year low before. the dow is down 33 points on wall street. joining us from the fox business network is jolene kent. >> reporter: claims contain higher than expected but stayed at the historic lows. they spiked up at the end last

week and the good news is the prior months numbers were drop down. the future of air travel is looking less comfortable for customers like you. airlines are looking to get more bang for their buck and spending billions on new planes that feature more seats in the cabin and means your seat will get smaller. the 737 max features 189 seats, 29 more than the current edition with one inch less leg room in the cabin. and air bus has a new plane with 180 seats and the european safety aviation association gave air bus the capability of

bringing the seats up to 195. so there is no need to get comfortable on any plane >> i read they are making the bathrooms smaller as if they were big enough already. >> to fit more seats. happy flying. thanks jon. >> that is why you are in first class or fly private? >> when i fly myself but i cannot bring my self to spend first class money. >> not at all. more on that industry always on "happening now." we will turn back to the big story of the day. iran's supreme leader is not ready to endorse the framework for a deal that will monitoring the nuclear program.

in the first statement he said the final agreement must remove sanctions immediately and no special monitoring to the direct programming which is contrast to what america says must be the deal. here is henry kissenger sounding off: >> we must have confidence in the verification and inspection system. and that would have to be defined. >> gary is senior national security advisor for concerned veterans of americans. gary let me read theis is the english account, hours after the talk americans offered a fact

sheet and most was contrary to what was agreed. they always deceive and breach promises. this is one of many different tweets. what do you make of these comments? why is it important to watch what he says? >> of course he is known as the supreme leader and his word will be the final word. and i think people need to recognize in addition to the whole issue of nuclear weapons and enrichment were the iranians the immediately release of $130 billion. he needs the money to solidify and old for the islamic regime. they will manipulate just to get the money first. and there have been findings over a $119 billion for

terrorist attacks against the united states that have not been paid. because of the foreign sovereign act they will not pay it. iran's position on this is the vehicle for the talk for that. >> the sanctions were important to keep on if we want to strangle the terrorist groups. you are familiar with them. what would the relief of sanctions mean? >> the greatest threat is that working with iran is preparing a new generation for weapons for war against israel. they have been firing rockets in the israel and hezbollah has been working the irgc and there haven't been as many losses as hezbollah and iran wanted.

a new generation of precision weapons will cause losses for israel and increase conflict. >> let me draw more on your cia experience. this is something else: no unconventional inspection that places iran under special monitoring is acceptable. foreign monitoring on iran's security isn't allowed. you heard why it was so important. we need inspections. our own president says inspections have to be part of it. from history, the inspections haven't been successful but beyond that how much do we know about what is really happening inside iran? let's take the inspections? >> the united states has

coverage and we have had limited amounts of coverage. i will go back to the inspections. and that is as presented now it will be managed by the un security council and that will control the inspectors in the hands of the russians who can veto disagreements. we don't have great relationships with the russian and they have been working with the iranians. there are so many flaws in the negotiate negotiateing process with iran that i don't believe at the end of the day the president or senate will get the deal. >> >> we are negotiating from a certain amount of knowledge because inspections haven't taken place and we don't know what iran is doing inside the country and they will not answer questions what they they are doing. the bigger question is are we

operating from a place of knowledge? how strong can they be? >> we have not. we are operating in the dark. look the iaea hasn't had 12 of the most critical questions answers so they will continue to manipulate and control. i have no faith they will operate in good faith. >> we will see what happens in the next several weeks. interesting seeing the leader of iran releasing comments a week after the deal. important steps you can take to build a foundation for your baby's heart health even before the baby is born. and this goy jumped bond after

being caught in personating a navy seal. >> they wanted to know if he would extradite and know that within ten minutes. they got their answer. when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead.

heart defects are the most common birth defects in america and because the heart develops after conception most of the

shows us mothers who exercise have lower rates of birth defects. we found if the older mothers exercise they have the same rates as the younger ones which is less. >> often times it is the age and number that people really focus on. perhaps the study could be telling us something different. >> i think so. birth defects is an interact of genes, age and environmental and you cannot impact genes but you can impact environment pie by providing exercise. >> when this comes to the heart

why do you think that specifically is? >> we don't really know at this point. we think there are metabolic effects like reducing blood pressure and keeping diabetes away. so the positive things can translate today the fetus >> always a good reminder. dr. campbell thanks for coming in. another twist in the saga of robert durst. what happened and how it could impact the case against him.

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>> and let's check out what is ahead on "outnumbered." >> a rocky start on his first tay on the campaign trail. rand paul getting fired up with

a tv female anchor for the second time in two months and some are asking if he is ready. sfwl >> and a school yanks american sniper for paddington bear. >> and the nfl is making history hiring their first female ref but some are saying it is just a publicity stunt. all that and more on "happening now" at the top of the hour. >> robert durst pled not guilty to weapon charges in new orleans saying he could stay there until charges are settled. he is awaiting extradition to california on a capital murder charge. casey is live.

>> durst appeared before the judge within the last hour. he was pail weak, and red bags under his eyes -- pale -- barely able to stand and go to the judge's bench to argue i am not guilty. the district attorney in new orleans secured a grand jury indictment against him and that means he is not going to be extradited to california. he will stay in louisiana and be tried there first it is looking like. the 71-year-old millionaire was arrested at this hotel in the french quarter and investigators found a gun and marijuana inside the room along with a $100000 in cash and maps of cuba and miami and a latex mask. prosecution believes he was just

about to flee. his legal team is argues there is not enough cause to hold their client. they were anxious to wave the extradition and get back to california. but the defense suggested the search of his hotel room was unlawful because they said it was done before the official search warrant was signed. another hearing has been scheduled in new orleans for thursday may the 7th. to be continued. >> sounds like he is going to be staying in new orleans for a while. >> well this alleged impersonate impersonater messed with the wrong american. the man was arrested on charges of impersonating a navy seal. the man who captured him reacting this way. >> he could not shine the seals

boots as far as i am concerned. >> awarding him with a firearm for his service. i don't wish him ill will but want him to stop posing >> i am bringing back here one way or the other. he picked the wrong county. >> the theft charge was misdemeanor but after jumping bond it turned into a felony. >> brand new stories we are working to bring you. hackers claiming control of isis take control of a french tv network and how the government responded. and new technology to help first responders communicate quickly in an emergency like a hurricane or terror attack even.

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we'll see you back in an

hour. >> "outnumbered" starts now. >> this is "outnumbered" and i am andrea kennedy is here and co cohost of the five and one lucky guy straight from miami judge alex ferrer. >> all rise. >> i didn't bring the snow with me. >> hopefully you brought warm weather, too. there is a lot of leak legal stories we we are glad you are here. will it bow life or death for the boston bombing suspect? the same jurors starting on monday could begin to decide if he gets the ultimate punishment or spends the rest of his days behind