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 ones that were lost but i would like to thank

all of them and their families. they give us so much. harris: good place to start. known to the news. the prime suspect behind bars in connection with the murders of four people in the nation's capital. a high-profile horror scene, diplomats and even the vice president lives. a few detach force captured darren when last night travelling with thousands of dollars of cash on him just miles from the scene of the awful crime. also arrested four people who were with him including his brother. he is accused of holding three members of a prominent family including a 10-year-old son a lot with the house speaker hostage overnight. torturing and beating them and setting their mansion on fire. one of the bodies burnt beyond recognition. police say they have linked him to the death through dna found on pizza crust. rich edson is live with the news in washington.

>> karen dillon when to will be arraigned at the d.c. court, in d.c. superior court an hour from now. we expect him to be arraigned on four pounds of first-degree murder after family, the family the victims here have put out a statement shortly after his arrest saying, quote, we are thankful to law enforcement who have worked so diligently to bring an arrest in this case and we're grateful to the men and women of the fire department for their professionalism and carrying. police had said yesterday that he was in new york city in the borough of brooklyn and they traced him up there and back down here, found him at a hotel in suburban maryland and followed him to this intersection. >> the vehicle pull out before we could stop it. we tailed the vehicle, we got to location where we could safely taken down and were able to pin

both vehicles. >> police say he was traveling with several other people, they were arrested between 5:00 and 6:00 driving in a box truck, looks like a writer than essentially that you might friend from writer. it looks like driving a small chevy sedan in all this. this happened at 11:00 last evening. according to reports from our sister station in washington d.c. $10,000 worth of cash in the caravan so the arraignment will begin in one hour and there will be an arraignment of four counts of murder starting an hour from now. harris: police zeroed in on him from dna on pizza crust. tweet suit pizzas were delivered when the family was being held hostage. has a lengthy rap sheet in maryland which is one of 29 states that have laws for collection of dna when someone

is arrested. my question is how dna plays in all of this. >> it is one of the most powerful pieces of evidence because you can eliminate everybody other than the suspect. if you have the suspect's dna on pizza that was the kidnapping it will be impossible, if it is traceable to him which in most cases it is it will be impossible to deny that he was present and it will become was he doing this on his own? this is a big note intended bite to take off for one person kidnapping four people in a mansion and shaking them down but the dna is powerful evidence. harris: how comfortable are you with the idea that the state's taking dna after an arrest? >> the supreme court decided this case, a maryland case and it was justice scalia, said this violates the fourth amendment. there is no limit to how long

this dna evidence can be used and is also an arrest. as we talked about before you can be arrested for serious crime and the innocents of it yet your dna is then log in perpetuity. harris: sat i am driving my car, get into an accident, serious crime. they take my dna and i had an inner ear infection that made me dizzy but i wasn't drinking or doing anything unlawful. they have my dna in perpetuity. >> not only going forward but they can match you to crimes you committed before. it is always a balancing between your individual liberties and the police's ability to conduct investigations. in that case it is not different from fingerprints. if you got arrested and a fingerprint you if you commit a burglary tomorrow you have your fingerprints. >> not just fingerprints but identifying somebody using their picture on a milk carton. fingerprints are an example and there are a lot of other means,

tattoos from gang members. is that different from collecting dna? >> the argument in front of the supreme court is it is different from fingerprints because you are actually making an intrusion into somebody's body. fingerprints you just roll their prints and take their picture but now you tell them to take their mouth and keeping this sample. the supreme court said it was the case in cases of serious crimes. misdemeanors'. >> not convictions. there's a difference because of the presumption of innocence. >> same for fingerprints. >> dna is not the same. >> you going to somebody's mouth to collect it but in their analysis it was warranted in the case of serious crimes and it has led to the us solving a lot of crimes. >> the issue of reasonable suspicion and probable cause sometimes lying in the gray area and you are enabling people, dna is a step up from

fingerprinting, it is an invasive process and one thing to do it when you have someone who is a committed felon and there is proof that he has committed a crime but another thing to use probable cause. that person may be innocent and you have invaded their person and had information that they are not entitled to because they have not that anything wrong. that is the concern they were -- and i am as well. >> and states look at it that way as well. every state does not have the same policy. they allow it for only the most serious crimes or misdemeanor or upon conviction, not arrest and some allow it the minute it was arrested. it varies from state to state. the supreme court has given it the green light and the bottom line as much as we may not like it would is constitutional is what the supreme court says is constitutional. >> it lead to somebody who had a very long rap sheet at the end of the grisly murder scene. there may be and i commend the

busiest because they might not have caught them. >> the with the public looks at it we can look at it academically but the way the general public looks at it is if you are not committing crimes you don't have to worry about it. >> that is not a valid argument for invading someone's privacy. if i am not doing anything wrong they should cut government cameras in my bathroom. i'm not committing any crime. >> aside from your believes in whether or not this should happen in all 50 states do you believe based on what we known in the success of the turnout of this case that this will happen in all 50 states eventually? >> what i would want to happen is dna collection to be conducted in all 50 states upon conviction. upon conviction. there are people who are arrested and dozens lead to a conviction. once convicted we go forward. that would be right but it is

costly still a lot of states 29, 30 states have it so a lot of states can't afford it. >> this case is going to take this dna into court as part of its case. does each state look at it in terms of admissibility differently? >> dna has been declared admissible and tested at the state and federal level for admissibility as a novel science long ago. it is admissible as long as it was collected properly and can be authenticated. >> we will keep watching that story. fox news alert. new development on two issues that could mean more trouble for hillary clinton. the state department in less than half an hour will release the first batch of her e-mails related to benghazi. the messages set for release of already been turned over to the special house committee investigating benghazi. they could shed new light on what she knew immediately following the attacks that

killed four americans in 2012. meantime the clinton foundation is revealing it received millions of dollars in payments not previously disclosed under an ethics agreement with the obama administration. the washington post reporting payments for >> were categorized as revenue instead of the nation. the total amount from 12 to $26 million, i will go to you first on this a lot of money reported as revenue, not donations. >> typical hillary clinton and the obama administration can't be happy about this either because they were claiming they the most transparent administration in history they were putting that front and center and someone within their administration had the audacity to think the rules didn't apply to her so this is a problem with the voting public and the obama administration. i am curious to see how they handle this. would do they see this as a problem and say why do we back you why have your back when you made us look bad?

>> they brought together this is one administration. >> jaws earnest in the press conference where he was asked about the document, saying obviously she would alter how she -- the foundation received those donations when she was secretary of state and looks like she violated that and putting a lot of distance between the administration and her past actions. clearly if someone is going to say that, i couldn't tell difference between a donation and revenue you can't run the country. >> talking about that. >> clintons 97 speeches l.a. charities in 2002, colleges universities sponsor 2 dozen of thosees with u.s. and overseas corporations and one foreign government, thailand. >> earlier this week hillary clinton decided to take some questions at that event.

henry tipped things off and shot it will you take some questions? the only question we have on record that she gave a one word answer to was the question about whether there was a conflict of interest between the money she did for the speeches and what has gone on with the foundation. would that the evidence in the e-mail? no. known was the lonely question. there was a one word answer. that is where i would start with a follow-up should we get another opportunity. >> the controversy over this won't go away anytime soon but there are those that will argue it is still very early and this could all get out of the way now and we could move into next year and this could all be forgotten. where do you fall on the line here? >> i'll look at it from a different perspective the perspective of investigation. if we had independent department of justice there would be investigations going on that won't never go on under this administration.

they have been very protective of her and others and i think it is a good push that we should have the attorney general should be an elected officials separate and apart from the president so the weekend actually have investigations that should be done. >> we are waiting on the e-mails and one last question for the judge if i may. what was the difference here? fact that the request got pressed and cannot take until january? got to start rolling this out next week, what was the to been point? >> that could be because federal judges have a lot of power and as we know the administration has gotten in trouble with federal judges this year so it could be a federal judge saying no, you are going to start losing dollars -- >> could the judge say produce the server. by order of court. >> not on his or her own. it has to be in response to a motion, motion to compel. i am not really comfortable with

how the house does its investigation. i don't know why it moves as slowly as it does. if this was a case in court and use subpoena a server and they didn't turn it over you would be over the next week and for the of the judge saying i want the server and the judge would be ruling on it and time goes by and time goes by and everything moves -- >> the address is in d.c.. >> that is why there is no consequence. they rely on people, people get disinterest and don't care. they are relying on the public to be disinterested so they don't hold people accountable. no accountability. >> 12:30 we are a few moments from the state department releasing the first batch of benghazi e-mails from hillary clinton. read them out loud. >> there you go. isis capturing yet another town in iraq after using ramadi this weekend releasing a bloody purge

against pro-government forces in syria. president obama says we are not losing in the fight against the terrorists. lawmakers on capitol hill seeing the whole thing differently. college graduates have enough on their plate when it comes to finding a job, now the news that on a starting salary most of them can't afford rent. almost anywhere in the country.

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>> welcome back to out number. isis making new gains in iraq. capturing a small town near the key city of ramadi. the terrorists now within striking distance of strategic iraq military base. isis now controls half of syria where officials say terrorists have killed dozens of pro-government forces in the ancient city, up president obama saying in an interview, quote, i don't thing we are losing adding, quote, there is no doubt there was a tactical setback primarily because these are not iraqi security forces we have trained or reinforce. they have been there for you

without sufficient reinforcements. john boehner calling for a clean slate and the new plan. >> the president has to scrap his policies that aren't working. l.a. out abroad overarching strategy to defeat these savage terrorists. what could it look like? to start, instead of placing artificial constraints on our commanders it is critical we have a strategy that issuers conditions on the grounds dictate our approach. >> what does the strategy looked like for defeating isis? sounds like a great idea. >> from their perspective i was entering, we had a giant wall and put the maps of syria and iraq up and watched the soft lines disappeared during the show as they took more territory around the ancient city and got a gee checked point position between iraq, there it is so one of our guests made the very

astute observation. e raise all those lines and put a big circle because this is working for them and partly it is working because we aren't as committed. that is with generals are telling me. we don't have a name for the operation, we are not committed to this. what are we not committed? is the too convenience for the pentagon to say they need three years to do this? president obama will be out of office. it won't be on their watch list. >> what will this be for the next president? certainly this will be hopefully one of the key issues voters are asking candidates that they put their campaigns to get it? >> whoever's land is on will be a huge issue. whoever the next president will whether hillary or republican president they will get the blame for taking america to work again. obama wants to preserve the hole nobel peace prize by not taking us there but the reality is we could do a lot to stop them

without ever putting one single american boot on the ground. we can use their soldiers we have the most incredible air and naval power in the world and we are not doing it. >> that is not what republican lawmakers are asking for. lindsey graham, senator john mccain they are asking for more ground troops. >> they want to invade every country and china for good measure. >> they will be happy with the other than that? >> my point was not -- not that that is what republicans are after but the opposition to. on the ground should be keeping us from stopping them in their tracks. we have the power to stop some in their tracks the we are not doing it. the idea we on not losing we must have read the fine for losing the way clinton redefine sex because we are not winning. >> still going back and forth on how do we get here which is an

unanswerable question but josh ernest did his best at a white house press conference yesterday blaming former president bush. >> we know that's isil was an outgrowth of al qaeda in iraq. it did not exist prior to the fateful decision made by the previous administration. to launch an invasion of that country. >> no responsibility for anything. how long has this president been in office? every time i turn around the economy or he wants to put blame out. my concern is with training and reinforcement this sounds like a great idea but i am not fond of training and reinforcing and when we do that those people abandoned their posts that is a problem. when we invest time money and resources we have to know we are dealing with people when trouble comes their way they will stand their ground the way we would. and to your point we can't assume the weekend train the security forces from scratch and expect good results.

how many tens of billions of dollars in we waste training iraqis and the president is saying those were the ones who weren't fighting. they were never fighting. >> back to the map, we are talking about the 7 checkpoints the half way point between iraq and ramadi that they took. over night basically. 150 miles to the capital where massages its. he has released theory and tell against his own people. what in the world is going to happen when isis has half of iraq over laughing -- overlapping with syria. what happens when those people meet in the middle? what will that look like? >> one other thing. people say we should just get out of it. it is not our fight, the u.s. should not be involved. if we don't get involved over is there in controlling, once they have locked caliphate and a secure place they will attack us over here so we will be attacked over here or fighting over it

there. >> when we get effect over here we can unleash the arsenal. my rules i may come up. >> a grand jury indicting six baltimore police officer charged in the death of freddie gray but their attorneys are already looking at the chokehold in the case. will it hold up? we will talk about that next.

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in less than 60 seconds from now we are expected to get a first look at the e-mails the former secretary of state had on her server. we are expected to see a batch released related to the attack in benghazi and the conversations she was having between anybody else and her secret e-mail server. so as soon as we get those we will bring them here. we have a team in washington, d.c. and our journalist there are looking.

we are doing this in real-time and will bring you more. remember the national guard having to bring peace to baltimore? a grand jury officially indicted all six officers in the death of freddie gray allowing them to press ahead with the most serious charges. gray died of injuries suffered while in police custody last month. the defense attorneys for the officers said they are victims of an over zeallous challenge. they want the state attorney to be replaced. should she be? >> i think the voters can replace state attorneys. they voted and elected them and if they are not doing a good job they can replace them. the case is presented to a jury

and they decide if there are legs or not. i don't like the fact she started this case out with a big political speech. i think that kind of undermines any legitmacy. i don't like she charged them with false arrest stemming from them not having probably cause to arrest freddie gray. >> why do you think this was so quickly? >> some stay to stem the rioting and some say politically motivated. but the problem with charging police officers criminally is police officers make a decision every day when they decide to arrest someone. they are not lawyers or attorneys. when you tell the police department you are subjecting the lawsuit to criminal charges or we will prosecute you you will have to police officers stop making arrest. they will say i will arrest

someone who where get a state attorney on the phone. >> what about the potential conflict of interest because her husband is a city council man that represents a part of baltimore where there was a lot of upheaval. i thought her comments were pro provoking. you don't think there should be an independent prosecutor? >> i think she should step down were the appearance of propriety. i think she is making a mistake where the charges are concerned but if that is motivated by improper things i don't know. to avoid that appearance she should probably step down. just like the prosecutor in ferguson who was criticized because his whole family were police officers and his father was killed by a black man. i don't think he should step down either. >> two things. it was a self-imposed deadline. they said we will have answers on the first friday of may. it didn't have to come with

charges. but they may have felt some pressure. i want to step back and get jedediah's thoughts. there is an article in today's daily beast that looks at the percentage of arrest that has gone down in baltimore and the amount of homicides which went up according to their reporting 200 percent in short order. the police commissioner is saying when we show up to crime scenes we are surrounded by people. it is dangerous for the officers do to their jobs but people are corrupting crime scenes. >> very scary reality when i see the police scared to do their job. what is going to happen to the community? they are the people there to protect people. if you have people who are afraid to go out there it is going to be a downward spiral and that will happen in poorer

communities. we even saw it in new york with the police saying if we are taking the heat with the media backlash as well they are tired of dealing with that. let's face it most of the law enforcement officials out there are doing their job properly. are there a select few that make mistakes? as happens anywhere else absolutely. most are trying to do their best to protect. >> the communities that suffer the most are the african-american communities because in those situations police are going to say if i respond to this rape in progress or burglary in progress and i shoot an african-american male we will have rioting. then they don't show up. >> we are talking about economics a lot of the time. i know you say african-american community. i would argue just the poor community. sandra when this story book,

you said if people don't get what they are rioting for in the streets, watt will this town look like? >> we had a gentlemen answer this question live when it was breaking and he said i don't want to think about that. i was going to ask you judge mosby changed the charged on what she said was new information and it was typical and this can happen along the way. we are criticizing the speed at which she came up with the charges. she answered questions and was forthcoming. but she is not telling us what that is. >> i suspect the new information is how can you charge police officers with false implies -- imprisonment. >> millions of college grants -- graduates are getting their diploma and finding their first job may not be the toughest thing.

why the college grads might have a hard time finding a place to live. and we are waiting to show you the e-mails from hilary clinton's secret server on benghazi.

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talk to your doctor and visit humira.com this is humira at work millions are college students are graduating this month and the new problem might be finding a home. new college grads are being found to not afford to live the college grads earning an entry level salary could afford fewer than five apartments. they would need two roommates at least and in san francisco new york and boston a new grad

would need to earn $100000 a year or more to find an apartment on their own. this is a scary reality. how many people are coming out to turn $100,000 a year. >> i love the example from trulia. in atlanta the median salary for a graduate is about $25,000. if you are only making that much and can only rent a place that is $660 or less per month. this is based on the 31% spending ability on your rent. that means you can only afford 8 8.7% of the homes in atlanta. you have a very slim shot finding a place you can afford to live. >> kennedy what are they supposed to do? the recent grads get a bad reputation because they go home and live with mom or dad or seek help from mom and dad and people

are saying do it on your own. how do you do it? >> you are going to have to suck it up and stay with mom and dad for a while and try to save up money to get promoted up the chain. this is nothing new. a lot of people when they enter the job market for the first time they have roommates. that is what you do when you are single. if we didn't have that model we would not have friends. >> i am concerned the problem judge, is getting worse. this is my favorite show. i miss that. >> it isn't a one-two punch. it is a one-two punch with an upper cut because a lot of them are leaving college with student loans in addition to rent. some of them start charging you interest year one. >> you feel defeated before you

get out and start. i talked to college kids who said i feel like even if i get a good job i will have to dig my way out and it will not be until i am 35-40 to have any savings. >> you mention having to live in washington, d.c. and not being able to get by with a $100,000. hastings can't get by even with $170,000. >> don't be the victim here. it is always tough when you first graduate and get out of college. you have to find a way to make it work. this group does have it differently in the price of everything has been going on whether or not kennedy argues that the federal reserve is acknowledging there is inflation. or abolished. >> talking about the federal resolve. >> i feel hot when you talk about that. >> the cost of everything from the food you eat, the restaurant

you go to is going up. people are struggling to get the job and when they do they are making less and the pay scale is stagnant. the economic recovery has been very slow. but still the cost of goods are going up and services. it is very difficult to come up. >> there is three of us. and i know your kids are older. three of us have young children kennedy and myself. the contribution we make is very different for our parents. they are spending disposeable income on stuff they cannot recoop. recoup. >> what is your advice to young people? >> live with less and save money. >> or maybe put off college until you can afford it and know what you want to study. we are covering the situation with the benghazi

e-mails coming out. we know of the 55,000 pages that hilary clinton turned over as secretary of state for that foyer request because the judge ordered it 296 of the e-mails are benghazi related. what do they say? we are taking a look at it and we will brickng you the news right after the break. the sunshine vitamin! ensure. take life in.

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the state department has released now online 296 of hilary clinton's e-mails that were were previously provided to the benghazi committee. james rosen is live with first impression. >> reporter: what you have here is hundreds of reporters all assaulting these documents online on the state department's page at the same time. each of us is finding different things in the early minutes of familiarity with the documents. the associated press is reporting that the e-mails show the then secretary of state did indeed receive classified information about benghazi on her private e-mail server. we will recall second clinton maintained she never trafficked

classified information in any subject in all of the e-mails she sent and received. that is from the associated press. my early on bigs found an important nugget. in the fall of 2012 e-mails were exchanged between secretary of state then chief of staff cheryl mills and the head of the counter terrorism center, matthew olsen. matthew olsen has emerged as one of the heroes because one week after the attacks on the benghazi consulate he was the first government official to declare benghazi was a terrorist attack doing that before sworn open testimony before the senate. now the e-mails show olsen was communicating and telling her we are continuing to fight off

questions and thought congressional hearings happening on benghazi are going fine. so it shows interesting communication between one of the most senior intelligence officials in the country and hilary clinton's staff. back to you. >> you have more reading to do. keep reading and we will come back to you. james rosen. thank you very much. let's bring it to the couch. jedediah starting with you, the advantage to hilary clinton, if there is there there in all of this as president obama likes to say, this is far ahead of the campaign heating up at the beginning of 2016. >> this makes her look like a liar. of course there is classified information on the server. anyone with any bit of common sense knows that is what was going to be revealed. the problem is she is coming out saying that is not the case. she will have to answer the questions. it is going to be important for

reporters to ask serious questions about why she was deceptive on that point. what else was in the e-mails she is not telling us? >> kennedy, why didn't she delete these? it looks like there were maybe others ones she could have deleted. >> she is probably going that one slipped through! >> as james is revealing the facts it makes you wonder what else is on the server. cheryl mills is one of the most intriguing people in this investigation. >> the glimpse of what james rosen digging in saying this as a quick note to say the hearings on benghazi are going fine and they have been precise and she went on to say we continue to fend off questions about the

unclassified talking points. these are telling e-mails so far we have been privy to. >> thoughts on cheryl mills? >> i am not surprised. i don't have high expectations of politicians in general, but hillary all along has proven to be underhanded in how she responds or doesn't respond because how many questions has she answered in the press. >> i think we are at eight because one she walked away. so you are saying very opaque. >> yes. >> back to the legal question. it has been reported that bill clinton paid for the server. but does that make it private property? i don't understand why it hasn't been subpoena?

>> i said i don't understand why congress moves so slowly. >> how hard is it? >> doj? >> the department of justice. >> so doj if you are asking doj to start a criminal investigation and a warrant, you will work faster through our molassis driven congress. >> they are saying they are trying to let it stretch out as long as possible. sfwl >> and at the end say they are we still talking about this? >> you know a high percent of voters identify as independent. we are seeing a tick down among hillary supporters showing a bleeding of 11 percent in that

group. how does this scandal hit that group? >> both parties just assume the party faithful have made up their mind. the independents make up a large part of the voting bloc. so many are sitting there going what more is she hiding? is she going to be plagued by scandals throughout her running? and if we go to world war three how is she going to help us? we have serious issues the next president is going to tackle and the last thing we need is all of this non-sense. if she were the president and this non-sense is going on it makes us look back we elected someone involved in all of this drama. >> it has nothing to do with the

job part. >> harris you talked about political accounting. the problem for hillary is this is only going to get worse. i think we will have more and more breaking news about this. >> more and more breaking news in the next couple minutes and seconds. >> anything you want to give us? >> i am going through and james rosen is digging through. >> out of the 55,000 pages 296 e-mails were benghazi related and according to the associated press there is assumption of conflict of interesting. we have back on monday. "happening now" starts after the commercial break.

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never outgrow... feed your inner kidult... with frosted mini wheats®. before i had the shooting, burning, pins-and-needles of diabetic nerve pain, these feet... ...served my country... ...carried the weight of a family... ...and walked a daughter down the aisle. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain. lyrica is fda-approved to treat this pain. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new, or worsening depression or unusual changes in mood or behavior. or swelling, trouble breathing rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain.

and my biggest reason to walk... ...calls me grandpa. ask your doctor about lyrica. >> a fox news alert. we are waiting the first court appearance bite prime suspect in the brutal murders of four innocent people in washington d.c. a wealthy businessman and his wife and very young son and housekeeper were all killed. darron dylon was arrested. he is dow in superior court this afternoon and that is where leland viter is standing by live. >> reporter: jenna, the u.s. marshal service said darron wint has arrived. we are learning a litt