world's largest pac-man. hundreds of people coming together in japan to form the largest pac man formation. it is a promotional event for a movie called "pixels". have a good memorial day, everybody. a fox news alert on this friday. we are expecting the release of a new hilary clinton e-mails. the state department is saying it will come very soon and the first batch relates to benghazi. good morning. i am jon scott. >> friday evening before the holiday weekend. >> when a lot of people are not paying attention. >> hi everybody, i am jenna lee. those e-mails provided to the house committee investigating the benghazi attacks in 2012.

another stunning revelation from the clinton charity reporting millions in unreported dollars is being reported coming from speeches dating back to 2012. it is the latest admission raising questions about whether ms. clinton complied with an ethics agreement she made before taking the position obama assigned to her. ed henry is live. >> reporter: no coincidence that this is being released over the holiday weekend. hilary clinton is going to be at a brewery here in new hampshire talking up the economy. but there is trouble brewing in

washington with the clinton foundation and the e-mails on benghazi centering on part with the outside advisor sidney blumenthal going back to the clinton impeachment days. the leaks we are seeing when she was secretary of the state the e-mails back and forth with sidney blumenthal and one being the day after where sidney suggest he has some information and the day after sidney blumenthal says in a memo i have more information suggesting it was a terror attack al-qaeda might have been involved, it was planned. but hilary clinton went to andrews airforce base and told the public this was relation to an internet video and those

demonstrations. the republicans on the committee say they have not finished their investigation because the state department has been dragging their feet. the state department denies this. >> they have not moved one aisle of this. our request is to listen give us the documents and let us finish the report. >> we will release the first set we said we would release. >> reporter: bottom line that means any moment now we are expecting today that these e-mails about benghazi and libya will be released officially by the state department. important to note that is just a small portion of hilary clinton's official e-mail as secretary of state. she turned over 55,000 pages to the state department they are going through. this is one sliver. so there will be more in the weeks ahead as the campaign tries to move forward they may be dogged about the e-mails.

>> when a candidate goes to a brewery are you required or your team required to have a beer? how does that work? i am sure viewers are curious about that. >> reporter: i actually have it written into my contract but i can only have the beer after i finish my live shots. >> we expect a photo. have a good time in new hampshire. this new admission by the clinton foundation and the impending release of the e-mails is not making things easy for the democrat freebodyont runner. let's talk about this. the foundation took in up to $26 million which they logged as revenue rather than donations and now they are clearing the books on this. >> john, this is a problem

because we are seeing the con constant stories. they are intertwined because it goes to transparency. the clinton's called the foundation one of the most trans transparent. but last month they admitted mistakes in the filing and now we are seeing before the memorial day recess there have been mistakes made and they are saying they will do better. this is a big distraction to hilary clinton. she is sill doing very well in the polls but the headlines are not helping her overall. >> it may be a big foundation with an endowment of a billion but if you cannot run a foundation how do you expect the run the world's major super power? >> that is what the republicans

are talking about and that will be a line that goes well into the 2016. as ed henry said the state department hasn't released all of the e-mails. they said this will not all be out until 2016 and that gives the republicans an excuse to not finish the investigation because they don't have all of the information. hilary clinton said she is only coming once to capital hill. so this is giving a lot of material to people running for president. >> do the voters care bob? are there any indication this is affecting her? she is still maintaining high poll ratings. >> there are some democrats behind the scenes i have talked to that are worried about this and how bill clinton is going to continue giving speeches and that can cause problems for her. the nitty-gritty of the details

and tax filings i don't think the average american voter is closely following this. but the transparency and lack there of does resonate with vote voters voters. if you like hilary clinton, you will like her. this could swing some voters. every administration that comes in whether it is obama or clinton they vow to be transparent and republican presidents too. and voters like that. if you have a cloud of is she revealing everything? it will give independent voters thought. >> she is campaigning on behalf of every day americans. the documents suggest she and bill took in $130 million in speaking fees alone.

that hardly puts them in the class of every day americans and she has to find a way to shake that doesn't she? >> yes she's got to find a way to connect and she is doing that with no interviews for the media and talking to every day people. i do think when you make that amount of money and hilary clinton says we were dead broke when we left the white house and bill clinton says we have to pay the bills, the voters say you don't what i'm going through. her poll numbers are strong. she does have to work on the weaknesses. >> we will have to pay some bills here in a minute and have to let you go. bob thank you. >> thank you. a fox news alert. the suspect do in court in the

quadruple murder. daron wint charged with four counts of first-degree murder. police arrested him and several other people in connection with the murders of four people whose body were found in their burning mansion. a husband, wife, their son and a housekeeper. rich is live with next. >> reporter: good morning. police caught up with him at the intersection in northeast washington, d.c. he will be arraigned this afternoon in washington, d.c. superior court and is charged with four counts of first degree murder. the police expected wint was brooklyn new york and followed him there and caught up with him here in washington, d.c. >> they barely missed him but continued working through the night and found information and we were able to track him to a location here at the howard johnson. >> reporter: they followed him to that hotel, followed him

here and arrested him with a truck and car and what marshalls are five to six or people. we have a statement from the family in this: they say it doesn't abate our pain but we hope it restores a sense of calm to our city. we are blessed to live in a city with a close circle of friends who supported and grieved with us. now the questions of back in august of 2010 he was arrested nearby the american iron works facility with a two-foot muachete machete a bb gun and a can of beer. >> thank you. we will have more on this. what are you supposed to do when this happened? rob wheeler is going to be here to talk more about that. >> they have answers at least.

isis digging in and tightening its group across the middle east. the terrorist have captured another town in iraq's anbar province in syria. >> reporter: isis making significant gains in sunni areas in iraq and syria expanding the territory it holds. this is the latest images showing militants capturing the syrian military positions around that historic city and equipment from those positions. everything from rifles to body armor armor. the fighters appear to be in full control and there is growing fear isis will destroy the ancient 2,000 year old ruins that are some of the rarest in the world. the news in ramadi is getting

worse. isis expanding its presence with militants capturing other small towns and villages outside of ramadi they captured earlier this week. inching closer to a military base in that region and thousands, tens of thousands of iraqis fleeing that city. they are reportedly dropping their weapons and fleeing the area. one thing we are seeing jon is isis continues to make significant gains in the sunni areas in iraq and syria. and tend to be loosing territory in the non-sunni areas. but the sunni areas in iraq are large and nay have significant support in these areas. it seems isis in the sunni

areas -- it seems unstoppable right now. remember the foreign korean plane executive fired because of the rage over the nuts served on the flight? we have an update on that. and a massive oil spill shutting down to poplar beaches on the california coast. the latest on the urgent cleanup effort there. and america's asking and we want to hear from you on this. hilary clinton has been not answering questions from the media. do you think this strategy will work for her in the long run? our live chat is up and running click on foxnews.com/happeningnow to join the conversation.

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this is for a separate case ahead of the trial next month for a 2005 sexual assault on another woman in fairfax county. there is a manhunt for james horn who is suspected of killing his former girlfriend and her 17-year-old son. they were found dead of gunshot wounds. horn was last seen on surveillance video leaving the victim's car outside a hospital. an appeals court suspends the sentence of heather chao who was sentenced to a year in prison after throwing a fit when a flight attendant gave her nuts in a bag instead of a plate. california is deploying hundreds of extra workers to clean up a massive oil spill off the coast of santa barbara. they are estimated the ruptured

pipeline has leaked 9 million gallon of oils threatening birds and other species. will car is live with more. >> reporter: good morning, jenna. strong winds have slowed down the cleanup efforts while crews have been working day and night. we have learned it could take weeks maybe months to cleanup all of the oil across the area. they have skimmed more than 9,000 gallons of oil and water on the top of the pacific. there has been an impact on wildlife. i have seen several pelicans nose dive in the water. they don't know the cause of the spill still but we be the oil company blames all-american pipeline has a history of safety violations according to the u.s. pipeline hazardous material. they list them as the worst violators with 175 maintenance

infractions since 2006. the company is pointing out non-involved injuries but admits one infraction is too many. >> we are part of this community. we do deeply regret this accidently release that has happened. we will commit to doing everything in our power to making this right and returning things back to the way they were. >> reporter: the company actually inspected this pipeline two weeks ago going inch by inch along the pipeline but don't have the results yet. they are not sure if two malfunctions that happened before the rupture on tuesday before that they are not sure if that played into this as well. and the impact to wildlife as well as the economic impact. normally these beaches would be packed with tourist right now. our hotel was supposed to be

sold out but last night it was only half filled. ask a world famous landmark closed to tourist. we will teal you why workers at the eiffel tower walked off the job. they said they did it to protect you when you visit paris. and police arrest the prime suspect in the brutal murders of four people in washington, d.c. working together to pull together the threads that connect the man to the victims and answer the question why.

the tight fight full -- the eiffel tower is closed after the workers walked off the job protesting a surge in aggressive pick pockets in the area.

roaming gangs they say threaten visitors and staff. the company that manages the tower says they are working with police to find a solution. the eiffel tower how is usually open everything day but does shutdown from bomb threats or strikes. >> i don't believe he is a low level player. he had to have some information he would not have access to at his level in life. >> police arrest the prime suspect and several other people in the murder of three members of a washington, d.c. family as well as their housekeeper. daron dylon wint is due in court later today. we lurped he is an ex-con who once worked for the victim's company. but police are not saying why he might commit such a horrific crime. rob wheeler is here a former attorney for the district of columbia. so finally they get the prime suspect but did you agree there

are going to be other people named in this case? >> reporter: there may be another person or two named in this case but if not i would not be surprised. why do i say that? even though mr. wint isn't the smartest of criminals we has the mental capacity to pull this off. i can see how he got in the home and tied these people up. i would be a little surprised if there were a lot more people involved but i would not be surprised if he did it my himself. >> we heard from the washington post reporter yesterday saying that mr. wint went into the home and at a certain point went and took the surveillance video and destroyed the footage. we had knowledge of the home or was able to get it from the victims. what about motive? we know about the $40,000 but it still seems like a mystery as to why this family was targeted. >> reporter: i don't think it is that much of a history, jenna.

we see street criminals coming up with ideas in their mind to get quick money. daron wint who knew who this guy was. he used to work for them. he knew what vehicles to get from the house. i think he has been following these people for a long period of time. he figured this is his opportunity to get into the house tell the guy he wanted $40,000-$50,000, get the money and run. but he was a dumb criminal and left a lot of evidence at the home including the dna evidence we found. >> dumb criminal but great police work. this weekend we will continue to talk about this from washington, d.c. is about surveillance of americans through the nsa and the patriot act and the big complaint is it is used

domestically and there is a question about privacy. but dna database, surveillance outside a building where the suspect is running through a field, we don't know anything about the phone lines. how crucial is that surveillance information to catching this guy? >> reporter: it is very crucial. it is what i think the law enforcement investigators relied on. they had a video and had a warrant to get this guy's cellphone records and because of that they were able to track this movements and i believe they had someone on the inside feeding them information. if they utilize the patriot act the right way it can be an asset. >> we will see him in court today. i want to leave the criminal part oft and get practical advise advise. these stories are horrible. you think to yourself if i was

in that situation what would i do? what is the right thing to do? what is the right thing to do if someone is threatening your family and you are trying to stay alive? >> reporter: quickly there are two things you can do to hopefully save your life in the situation like this. you definitely want to cooperate with the suspect. give them money or whatever they want. but more importantly is you develop a code word some kind of code word that only you and your loved ones know so you can next that word and tell them you need help. this is a coword the bad guy has no clue of. you text that or give it to them on the phone. something that simple can save your life. >> we heard there was communication from the family to the outside. i guess you are saying pick an a

word that you can send in a text that means i am not comfortable we need help. >> reporter: you are right. that is all you have to do. that could make a difference in life and death. >> it is hard to know what happened to the family. it has been very vague for appropriate reasons by the law enforcement but even they were able to text there is questions about if they were tortured or bounds. hopefully the will be justice in this case. appreciate it much. >> reporter: thank you. whether you are out rowing a canoe pulling a ski behind the boat, the coast guard is patrolling the water and the steps they are taking to avoid accidents. and some republican contenders digging themselves in a hole over the media. is hilary clinton avoiding the media to avoid the same pit

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right now a quick look an what is still to come: isis take another town outside of ramadi but the president doesn't think we are loosing the fight yet. do the media disagree? we will talk to the media panel about that. a trial judge is reviewing the request to allow cross examining of drew peterson.

and how actress maggie jihanhall responded who someone said she was too old to play a 55 year old man's girlfriend. the coast guard is launching boat safety week. bill keating is live with the florida fish and wildlife group with more. >> reporter: this is an enormous weekend for boating whether it is rivers lakes or salt water. we are with florida fish and wildlife officers doing a spot safety gear administration making sure you have throwable devices life jacket, whistle and flair just in case of an emergency. the more boats on the water the more people likely to get hurt. boat fatalities increased almost 10% last year.

87 million americans went on a vote boat last year. spot checks for safety gear is happening all weekend. it isn't the boat to boat collision that kills you remember. >> when you hit the water unexpectedly even at a slow speed, it takes you by surprise. more people panic and will tire themselves out and drown. >> reporter: in fact 80% of all boating fatalities are drowning. and the biggest factor no surprise 21% of times involve alcohol. that is why the life vest is so important. a lot of people store the vest in the front of the boat in a compartment. when you have the action in the water it is chaos and difficult to get your safety gear. the top three states for boating? number three, minnesota, number

two, california, number one, sunny florida. hilary clinton is taking very few questions from reports reporters since announcing her presidential run. the ongoing controversy surrounding her e-mails and donations to her foundation. our own ed henry called her out on this in iowa. >> maybe when i finish talking to the people here. how is that? i might. i will have to ponder it. it will put it on my list for due consideration. >> let's talk about this with our media panel. judy miller is an investigative reporter and author of the new book the story; are reporters

journey. linn sweet is washington bureau chief for the chicago sun times. judy, are you surprised that hilary clinton continues to maintain a healthy distance from any media questions? >> a healthy distance and a healthy dislike for us. there is no reason why she should like us. "the new york times" and other in institutions haven't been too kind. but after 28 days she had to come out and say something and kudos to ed henry for luring her out. carly fiorina has answered more than 300 questions from the press. hilary clinton about eight. but at long last we got a few answers to a few questions. >> and even at that she didn't really answer some of the questions. but she did stop the clock on the newspaper time table that has been keeping track a month

since she answered any questions. she has been dispensed with that by giving a few so-called answers. >> each of the questions could have been the subject of a long meety interview. this is a -- meaty -- tactic that front runners take usually. why look for trouble? i am part of the press. i want her to answer questions. i am glad ed henry set the stage for her to take questions because i think the campaign finally realized you need to pop that balloon a little bit about. i think, though that campaigns know that if you take a hit for not answering questions it is less of a problem than giving an answer that gets you in trouble: >> you described it as the hear no evil see no evil strategy.

can you explain that? >> the media isn't good. whether it is what e-mails to turn over the clinton foundation and many contributions -- there are 26 million more just reported yesterday and that is on top of the $25 million -- hard to square that woman of the people stuff with that kind of money. i think if she doesn't deal with this you will get what i call the romney effect which is all of this stuff beginning to stick. >> let's talk about something else. a lack of media questioning. some networks are failing to call out president obama for his strategy as isis seizes more territory across the middle east. we remember when you know prior to the surge when things were going badly in iraq, it was all about the fault of the bush administration. now things are going badly in

iraq and syria and especially some of the broadcast networks are not attributing it in any way to the obama administration. is that fair lynn? is it accurate? >> i think in the examples of the breaking news palmyra it is. i would like to make a point. for tv especially and national broadcast if they just have news of the day to bring out it is hard not to get the back story. this is an example. this is a column running today detailing by charles cradhammer it says obama's administration to blame. look how many words it took to tell the story. so given there is breaking news to tell don't fault the networks for not getting behind and deeper into the story because

certainly the print newspapers my business "the new york times," said that obama's strategy may be faltering and other outlets are raising questions including "the wall street journal". >> the administration says its strategy is working. >> exactly. here in the planet earth -- what measure is this "strategy" working? my book opened in ramadi in 2010 as u.s. forces were pulling out. the murder rate for that province was lower than chicago at that point. the province was stable and iraq was stable. it didn't take the press long in 2006 to ask if the defeats were the result of failed strategy. it is one sentence. that is all you need. but the three broadcast networks failed to do that.

75% of our air people return with their bomb because they cannot figure out the targets. this is yemen libya it is far beyond iraq and syria. it is time for the broadcast stations to ask tough questions. >> judy miller and lynn sweet thank you both. >> thank you. drew peterson fighting from his prison cell to appeal his conviction for murdering his third wife. any chance he will be back on the street as he faces another trial for plotting to murder the prosecutor who put him away. what our legal panel thinks about this. and how old is too old when it comes to getting parts? what one a-list actress says happened when she went for a role of a girlfriend of an older man.

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>> let's see what is ahead "outnumbered." >> police say dna on a pizza crust helped catch the suspect for a gruesome washington, d.c. murder. why don't have 50 states allow for dna collection after an arrest? >> and we are waiting for the big state department dump of the clinton e-mails and more bad news on the clinton's finances. >> and why guys refuse to ask for driving direction is solved. it drives me insane. >> is judge alex ferrer one of them? he is our #oneluckyguy. jon of course you are willing? >> i don't need directions because i always know where i am going. >> here we go. >> thank you, jenna. definitely. >> we will be watching. bye. >> you should be ashamed of yourself. new information today on drew

peterson the former police officer convicted of killing his third wife. peterson's lawyers are back in court in illinois to appeal that guilty verdict. he is serving a 38 year sentence. no more shouting at the press as you see. and peterson is facing another trial on charges he plotted to murder the prosecutor who put him away. heather hanson a trial attorney and we have a defense attorney here. heather, what is the challenge to this appeal? >> what it is jenna, is there is a hear say rule. it is part of the sixth amendment as well and you need to be able to confront witnesses. the defense attorneys were not able to cross-examine the woman

about the statements because she is missing chatty. the law in illinois changed during the time the case was pending to let this testimony go in. it violates the sixth amendment and i think there is a good chance this case could go up to the supreme court and be overturned. >> what do you think about that fred? >> no. no. let me explain to you why. for a couple different reasons. the reason she wasn't available to testify is because drew peterson killed her. >> wait. wait. >> that is like killing your parents and asking for mercy because you are an orphan. hear say is admissible if it means the exceptions which one does. and peterson put one of the witnesses on the stand himself. >> let me ask you about the

hearsay. just for viewers to remember. this is worth a refresher. he is convicted of killing cindy and his other wife is missing but that is allegations. it is stacy peterson's attorney and her pastor were allowed to testify in the case. didn't they tackle that during the case to see if they would allow that? if the judge already went through that and the judge determined it should be allowed then how can they go back and challenge it again? >> that is the reason we have appeals jenna. often times, believe it or not the judges make mistakes. if appeal is denied it could go to the iowa supreme court and then the supreme court. in 2004 the supreme court

reiterated you have to have the ability to cross-examine and confront the witnesses in front of you. this is a major part of the constitution. >> what is the exception you are saying they have fred? >> the jury said they considered this fact but there is other evidence. he put the divorce attorney on the stand and the comments from the pastor falls within the hearsay. the guy's appeal isn't frivolous but i don't think he will prevail. judges read the newspaper and know he tried to kill the prosecutor. >> underscore drew peterson allegedly tried to hire a hit man to kill the prosecutor. >> he is doing time one way or the other. >> in the mean time we will talk about the strange legal

maneuvers to figure out how to stay in the news a little. fred and heather, great to see you. >> thanks for having me. enjoy your memorial day weekend. a golden globe winner reveals why she was turned down for a role. how old is too old to play a love interest in hollywood? ar and i feel great because i used the truecar app. truecar knows what other people paid for this car so i know if i'm getting a fair price. this is how car buying was always meant to be. this is truecar. (cheerful music)

>> how old is too old in hollywood? according to one leading lady it is when you turn 27. maggie gyllenhaal was turned down to a play a 55-year-old girlfriend because of her age. she said there are disappointing things about being in hollywood that surprise me all of the time. i am 37 and was told i am too old to play the lover of a man who was 55.

it made me feel bad and then angry and then it made me laugh. i guess there you go. 37! right now, voters in ireland could be making history. they are at the polls voting to legalize same-sex marriage. they withing the first country in europe to vote directly on same-sex marriage. ed is live. >> reporter: the turnout is heavy in ireland for this remarkable vote. three million people are expected to turn out and cast their ballots. the polls have been indicating the irish will vote in favor of same-sex marriage but it could be close. remarkable when you think

homosexuality was illegal. irish people living here in the united states are returning to vote. most of irelands politicians are behind it. there is noisy rhetoric on both sides. the catholic church it is dominant in irish life has played a low key role in the vote. 80% of irish are catholics but the stature has been reduced after the catholic church hit hard by sex scandals. ireland will be the first country in the world to make gay marriage legal by direct vote. it is legal in 20 countries and legal in 37 states and the district of columbia. the supreme court should be taking up the issue soon. the polls close at 5 p.m.

eastern time and we will know the results tomorrow. >> let us know. greg palcott. thank you. and we understand from state department we will see hilary clinton's e-mails right around 12:30 eastern. eztrak and feel its power. you'll know it'll get the job done fast. when it's time to pick a mower you've got to get on one. visit your local john deere dealer for a test drive today. sign up to take your turn on a z435 and save 100 dollars on your purchase. nothing runs like a deere. with the help of comfort keepers, i'm keeping my mom healthy! i'm keeping dad on schedule. i'm keeping my mom happy! comfort keepers in-home professional caregivers can provide meal planning and preparation, health and wellness services and personal care services through custom care plans that can change as needs change,

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starts now. >> held on this fine friday. this is an outnumbered. sandra smith host of kennedy on fox business end today's hash tag one lucky guy's alex ferranti is outnumbered as always with a big case of it. >> i know they are coming. i want to take this opportunity we joke around as part of my introduction but i think our military men and women who we are hopefully honoring this weekend for their service. certainly the o