hank you everyone. >> and we are staying here for outnumbered overtime. and click on the overtime tab. and click back noon eastern. and please join you go. "happening now" starts right now. >> and fox news alert and an apparent violation by the judge's order by approximate a jouror in colorado. >> one juror read facebook and what is next? we'll cover all of the news "happening now". >> it is a very dangerous individual. >> two killers on the run after escaping from a maximum facility prison. >> was it an inside job. >> i don't think they are are dumb enough to go where people are looking for them. >> and the man who put charles manson and his followers behind

bars. >> they are murderers. & remembering vincent bugliosi. nthese little kids didn't make it to market. and hundreds of these on the loose after their ride runs off of the rod. it is all "happening now". >> we begin with new allegations of corruption as hillary clinton's. >> and the washington examiner reports high level state department edited out sections of a high- profile report before approximate -- it was released to the public. it was an alleged cover up of misconduct by the clinton security team. ed henry has more in washington with this.

>> obviously we heard of allegations of wrongdoing in terms of clinton foundation donations and the clinton actions as secretary of state. and hillary clinton as you know repeatedly said that she did not take any official actions as secretary to help those donors and now the new report suggesting that key sections of the unspecter general report were taken out to protect hillary clinton politically before she stepped down as secretary of state in 2012 and 2013. one of the sections that was edited out talking about wrongdoing. and sources reported that a senior official in the secretary department ordered diplomatic security to stop the investigation of a ambassador accused of pedophilia and

another stop the investigation of a ambassador designate. while at the state department and the allegations were first aired. our own james rosen pressed her. this is what she said. >> the notion of we would not pursue criminal misconduct is preposterous. we have put criminals behind bars and ambassadors would be no exception. >> reporter: in the last few moments we have a new statement from the state department insists that the review found no undue influence on the diplomatic service. they brought in department of defense investigators to try to get independent eyes on it. and they insisted there were no

systemic problems inside of the state department. obviously hillary clinton's time running it will be under the scrutiny. >> thank you, ed. >> good to see you. >> president obama defending his health care law in washington. ahead of a key ruling by the supreme court on a challenge to obama care subsidies. >> despite the doom and gloom predictions and the unending chicken little warnings that somehow making health insurance fair and easier to buy ends freedom and american way was life lo, and behold it did not happen. >> i canera is a editor of the boston globe. and john mccomic is a editor for the senior standard. we don't know what the ruling

is sheara what is at risk for the president? >> a lot. if the supreme court takes the words and congressional typo and takes them seriously and rules that 37 states that don't have standard ares don't have them. >> and jon, the president seemed to bashed the supreme court. >> and he will say the case is based on a twisted interpretations of forwards in the law. he wants the court to ignore the meaning in the law. it says established by the state. and you get subsidies and not the federal exchange.

and the plain meaning is clear. and the problem where he calls a tippo. we wrote the law in the way we didn't intend to write it. and the president wants the court to ignore those four words and interpret the law the way he wants it interpreted. >> it seems to be nancy pelosi's famous quite. we have to pass the bill before we can see what is in it. >> that is cobbled together with so many lawyers and cooks in the kitchen they don't know what is there. >> it is thousands of pages long. it is a very long bill. you can see how someone might over look four words. it was probably a congressional staffer at three in the morning. we don't know who put those four words in. if they would do it again, they

probably would have avoided this mess entirely. >> and john as often with this president it is someone else's fault. nlook at john gruber that was the architect of the law and knows more about it than president obama and nancy pelosi. the law meant if you didn't establish the exchange then you didn't get the man dates. if people lose their subsidies and the republicans give him what he wants is realistic as repoling obama care outright. republican tom price introduced a bill to cut a trillion in taxes and provide tax credits to equal out the playing fold. and the president doesn't seem interested in compromising it with the republicans. >> he has a republican house and senate against him now.

and yet, if this goes down in flames and the supreme court rules it is unconstitutional the republicans are left to fix it right. >> the federal government yes. and the republicans, they have proposed legislation that would plug the whole temparily. and there are options for states if the republicans can't take action and can't pass the laws. and states could create their own exchanges and there is a little known part of the health care bill. and they could have call centers and the federal government for things like that to help establish the exchanges. and there is work around and it would be messy and result in a lot of headlines that the president's party would probably not like to see after 2016. >> he's not running again. thank you both. >> thank you. >> fox news alert.

we are watching the trial of the colorado movie theater shooter where a juror apparently violated the judge's instruction. a fellow member of the jury reported to the judge that the fellow juror saw facebook and talked about it. what now? >> we are all trying to figure that out ourselves. our producer in the courtroom was supposed to go back in the courtroom as they called a recess and the media was told to clear the hallway and go in the media room and we'll let you know when we will you. all because a juror 872. this is a fellow juror told on basically and was told by jury

872 while they were in the assembly room she had read on facebook. that there were attorneys that called for a mistrial. that is true. that happen twice in the case. and told the other jurors and one of the attorneys had gotten in trouble for posting on twitter that he hoped that the jury was in line with the death penalty. the district attorney had done that and apologized. and the judge said we have to figure out what happened now. and he said it in open court. and the defense called for a recess the judge called the jury in again and reiterated their instruction not to watch anything on television or read anything in the media and be careful on the internet. take a listen. >> all of those advisements are important. i said that to you the first day you were here and repeated it three times. they are extremely important.

>> through the length of the trial there have been 24 jurors listening to the case of james holmes. none of them know which one is an alternate. and these why these instructions are so important. there are probably throw options. the judge could say it is no big deal or call for a mistrial or could do would be to question each and every juror once again and decide how to go forward. i would expect the defense team will ask for a mistrial probably today once they do reconvene. that was a dramatic point in this case. and i would like remined everybody. 9000 people were summoned for this case alone because it impacted the community. you can only imagine what is

happening with the family members of the victims that are sit nothing court every day. >> i am glad you reminded us how big the jury pool. they are not sequestered and that's why there is information from the judge. we are halfway through the trial at this point. and what would be at stake, unfortunately there is a mistrial here? >> so much would be at stake, they would have to start over. i don't know specifically what would happen. this judge has been so careful with regard to the record to make sure that every decision he's made is explained extensively so it goes on the record and there is an expectation that the defense will appeal the decision that comes down. it took a long time to get here and things are up in the air and we'll have to wait and so whoo the judge decides. >> we'll be back to the viewers

if we get more information now. >> authorities say a telephone call reporting a suspicious package forced evacuation from part of a senate building. several floors are being cleared and folks are told to avoid the area. we are getting new video of a community hearing that was interrupted because of that evacuation. >> the capitol police is clearing this and we should lock down or stay in place. >> we are clearing the floor. if you can in an orderly fashion evacuation soon as possible. >> no word on the contents of the package and what raised concern. we'll keep you posted. >> the military anthrax scandal getting worse. the pent dpon said an

inactivated and a harmful batch of anthrax is sent to the uk. it is the fourth country to receive anthrax from an army research lab in utah. 60 labs in 19u.s. states got shipments of the deadly bacteria. no one has been infected and no known risk to the public. officials are trying to figure out what led to the accidental shipments. >> new terror arrests in great britain. they are linked to terror activities in syria, plus. the latest on the growing fallout over the cell phone video. a police officer penned a girl to the ground. >> i tell investors in the last 15 years. they can't believe it and they

didn't know it. >>

>> we are learning more about

women in england on terrorism charges. amy kellogg has more on that. amy? . they don't always make the news. and in the last fiscal year 337 counter terrorist arrests were made and half of those were linked to syria the ones that happen today were in walsall in england. police have 48 hours to question the suspects and they are not given details as to what the trio may have been up to but they don't believe they were planning an imminent attack. scotland yard said counter terrorism arrests are up a third. they are also throwing many more

resources at the problem. france is too, since the terrorist attack on charlie hes do. >> and since that time france is on high alert. the french made a sweeping crack down on hate speech. they arrested last spring 54 people for that. they have put 10000 troops on the streets in addition to security personnel and protecting sensitive sights such as synagogues and churches and mosques and making terror arrests as well. pariment passed its own act and giving police powers to surveillance. and the europeans were critical of the u.s. patriot act. but it so manies that tide is shifting and finally jon, i will say 1700 french civilians are

believed to have travelled to iraq and syria. and scotland yard said the number is 700, but they don't really know the thorough numbers and the british media said the number of brits having traveling over jihad land is about 1600. jon? >> unbelievable numbers. amy kellogg, thank you. >> growing concern as two escapees break out of prison. and days after an american tourist was mauled to death. another lion escapes from the national park there. we have the details, next. try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief.

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>> right now calls for justice

in a dallas suburb after video shoes a dallas police officer slamming a teen girl to it the girl and pulling the gun on other teen its. hundreds were protesting in mckinney, texas and demanding that the officer be fired and saying that he used excessive force. this is what happened. the mckinney officer penned down a 15-year-old girl and other teens circled him he draws his weapon. and one tone recorded moments. >> my heart dropped and i was scared someone would get killed and i would keep on filming because i got scared when he pulled out his gun. >> the officers were responding to 911 calls about a disturbance and a fight that broke out in a pool party.

some say the pool action was unwarranted and others say it does not tell the hole story. >> they didn't see the kids not complying and cussing the police officers and being unruly. >> the officer was placed on leave while the department investigates. >> the manhunt for two escaped killers. and they broke out of a maximum prison. and in an elaborate escape plan and that includes crawlspace ands pipes that led them to a manhole outside of the prison walls. theyor the run for the fourth day. the big question is there a inside job. there are reports that the female prison employee was brought in as a accomplice. joe, here we are.

these guys have been gone all day saturday and sunday and monday. and here we are tuesday. how does the investigation change with each passing day? >> obviously time is of the essence and longer it takes the farther away they dpchlt the officials are looking to every record they have available to them. and i would go back a long way on the investigation. and i would not focus on just the passing weeks. and it is going to be important to let people know they could change their appearance and keep updating the public as to what their appearance may be. >> and how do you just disappear these days and how is it so difficult to find where they went on foot or a car in >> obviously they have help and it is planned and i am sure they took this in to account. and hopefully not everything.

and i am sure law enforcement will get them. and hopefully sooner than later. they are two dangerous individuals. >> speaking of that. i was looking at those who interviewed about this man particularly on mr. matt. and one of the detectives voiced concerns about this guy being one with of the most vicious criminals and some of those cops are on alert he could be heading back to them. how likely is it he would go back and revisit detectives that put him away? >> you know you have to take into account that the criminal mind has no bounds. if he has that in his mind then he is going to do it. there is justifiable cause for concern on all of those detectives and officer's part. but you have to understand.

if that is the mind set he will hold court in the street. >> i am curious in the recent days and weeks and months. in a prison like this one, how do they keep roeshds. are there copies that the prison makes before they hand them over to the prison inmates and what records are out there? >> there are phone logs and visitor logs and they do monitor the mail. all right. and if that was monitored and they knew it they would do it possibly from somebody within and going through that person and that person's phone records would have to be skrutinized as well. i believe they planned it quite sometime and planned it for the summer months and it gets cold up there and you are not going to wander away. canada, they feel that maybe they go to canada.

and i would be looking in every direction and possibly the opposite direction. >> it seems like law enforcement is doing that. one prison employee that worked in the tailoring clothes. and one woman at this point. and how likely is she the key to the case. is one person enough to help these dpies and they would be one of the few or only escapees from the prison? >> you have to look at what was behind the wall. and how they knew that. somebody had to cue them. and who knows, maybe they had a schemattic of the prison. to get the tools in? that is a big question. with the oil trucks they used to check the oil trucks and

garage trucks and everything. if there was equipment given to them and used it. where did they get that. and that is another direction to go in and not easy to get it from the outside and so it is from within. >> to know they check the oil tanks, that is how extensive it is to get it in and out of the prison walls. and hopefully they are rounded up soon. it is a story we are watching. njeb bush is in germany. he has a strong message he sent today in berlin. and fatty foods can cause cholesteral levels to go up and a promising drug could be sent to lower cholesteral. and how it could help millions.

> former florida governor jeb bush is in germany first stop on the five day trip to europe. and packing a warning for russian president vladimar putin. >> reporter: foreign trips are a big deal for presidential candidates and for jeb bush it is important. the first months of the campaign are rocky. six days from now he will announce his presidential candidacy and he critized president obama and former secretary of state be hillary clinton as weak and indicive.

and he warned the russian president putin that nato allies will stand with ukraine and against moscow against future land grabs. >> ukraine a sovereignty european nation must be permitted to choose its own path. russia must respect the sovereigntyty and who can doubt russia will do as it pleases if unchecked. our a liiance are essential if we preserve our international order. >> bush will visit germany and estoppia. he called putin a ruthless practicingmatist who will not stop unless he pushes back. he said everything we ought to do isoisealate russia's corrupt leadership from the people. the obama administration has been giving a sense of a tepid

reaction to the russian actions and that enables putin's bad behavior. the u.s. is realizing that the reset button was not good and did not work out so hot. that is a direct reference to hillary clinton who pushed the button as secretary of state. and putin is not playing as a friendly global citizen. >> we all remember. a fully grown male lion is on the loose in south africa. they are increasing the massive hunt by bringing in staff from other parks to find the lion. authorities say it is more dangerous by the hour. they join us from jo hans burg. >> reporter: fox news trackers found fresh lion droppings or spores on farm land a staggering

21 or 13 miles outside of the park. that means the lion is on the move and it is night here and the spokesperson for the national park said they have had no choice but to call off the track. she added that the lion could be getting hungry now. the park is 200 miles from cape town because the main highway passes right on the fence. the three-year-old male lion to have lost a territorial battle and forced to leave the tried and climbed under the fence. and a country still tense after a u.s. territory was mauled to death south africans are questioning why it only broke now. park officials were hoping to

capture the lion. a helicopter and trackers who have been hunting animals and a specialist tracking dog have been unable to catch up with it. and park rangers asked local people to look for it but not capture it itself. this animal is totally wild. >> thank you, paul. >> makes you nervous. leading cause of death among americans and potentially a new drug that can gives us treatment for heart disease. it lowers bad cholesteral. and unlike statins which are pills they would inject it. it is 10000 a year per patient for as long as they live. and some say it is impacting health care premiums for

everyone. our doctor is here. great to have you on the program. we wait to see if the fda approves the drug. why is it so significant and what is it about the new injectable that is a game changer. >> thank you for having us. it is a game changer. in cholesteral, we battle cholesteral. and our patients battle. that we have good drugs but nothing in the last 24 or 25 years that is really been a break through. other drugs can lower cholesteral and they don't lead to reduced heart attacks and help people live longer. there is certainly a lot about cholesteral that we don't understand. the agents are more effective than other drugs at lowering the cholesteral. and lower 40 or 60 percent on

top of other medicines. >> that is a lot. and we have known that statins are in use since the late 1980s and that is news to treat the bad cholesteral in a long time. why is it so expensive? >> it is a couple of things. any new medicine of course is going to be expensive due to the coast it takes to develop a new therapy. these medicines though are are built as a protein, really kind of what we call an antibody. and similar to other newer cancer drugs and you can get specific targeting of the protein and the target of interest. but it comes at a cost and through manufacturing in a different way. and that is costly and only administered via shot as you alluded to. and it is a paradigm shift in

cardiovascular disease care. >> is it worth it? of course if you are suffering from heart disease, you want all options available to you. and you want to live a long and healthy life. we have the question about whether or not it is worth it to keep the drug on the market when it is expensive compared to statins and whether or not it is worth the treatment now. and the impact on patients as well as the rest of us who are shouldering some of the health care costs as well? >> i think all of us share the real life implications. but i think we just don't know enough yet to be honest. what we have is combinations of smaller trials and look optimistic. we are long way away from having trials that show they save lives and reduce heart attacks.

those trials are coming and well on the way. and so really what we see is the fda addressing this earlier, and rather than later which is always good and there is much more that we need to know. >> one question before we leave. you alluded to it. cholesteral. several cases in the last decade show that lowering cholesteral doesn't translate in benefits for patients and why the emphasis on lowering cholesteral and everyone is not convinced that is the cure for heart disease. >> that is a terrific question. and a lot of us don't understand everything about heart disease. and the early trials are much more promising than the other earlier trials in other drug classes.

i think there should be reason for optimism. and if you are a patient be optimistic that further advances down the line might be available to you. you are right to place this in the context of our health system is an important piece of this. the pieces are in place to really expand the knowledge gap and it will be clearer which patients benefit most and how that impacts the hospital systems. >> we'll so what the fda does today. it is one today and tomorrow as well. and we'll end with optimism i like to end with that. and great to have your expertise. thank you very much. >> thank you, have a great day. >> he was the man who put charles manson and followers behind bars for life. the life and legacy who was

involved in the notorious case. nshocking video of a woman stubbing her cigarette in the face of a tv reporter when she doesn't want to answer the questions.

test test test test or make a backyard pizza oven? oh yeah. i can almost taste it now. tastes like victory. and pepperoni...

>> hi, everyone. i am gretchen carlsson. authorities are talking to a person of interest while they are chasing down a lead in another town. and the son of one of the escaped murderers is speaking out. and former house speaker denny hastert to show up in court in the next hour. and join me at the end of the she on facebook where you weigh in on all of the news. 3 o'clock eastern. see you then. >> in our fox 411. the man who is famous for

prosecuting charles manson died. he passed away over the weekend from cancer. julie banderas has more. >> los angeles a prosecutor. he prosouted some of the most gruesome crimes. charles manson was a cult leader behind a string of seven brutal murders including actress sharon tate. along with four other people. and the ruthless and random killing of a husband and wife during the trial. he said in his opening and closing statement that manson was a murderous cult leaders and his follower ares were manipulated in to doing his bidding. he called the women zombies and

tribe of bootlicking slaves. all received the death penalty until the supreme court over turned it and reducing their sentences to life without parole. he entitled one bookelster skelter. and his nonfiction work included true crime. and five reasons oj simpson got away with murder. his son tells the associated press that his father "unflagging dedication to justice in everything he did. ". he was 80 years old. >> when you hear of hogs in the highway you think of a harley right? we'll tell you what is behind the crazy video next. sunday dinners at my house... it's a full day for me, and i love it.

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many californians now forced to conserve watered in the fourth year of a severe drought while companies making bottled water still continue production. we're live in sacramento with more on that controversy. >> reporter: critics say given california's epic drought and mandates across the state to cut back bottled water companies like this one here in sacramento should be shut down. one industry spokesman said they are conserving water, generating jobs and keeping people healthy. activists are nanneding bottling companies like nestle cease operations in california immediately. >> it's egregious they could take a public resource that we

subsidize and sell it on the market for a profit. i think they need to close their doors. >> reporter: industry sources argue the amount of water used by these water manufacturers to manufacture bottled water is relatively small, less than .02% of the 13 trillion gallons used each year in california roughly the same amount of tap water l.a. uses in about a week. >> we count on a sustainable source of water for our existence. so it is in our vested interest to make sure that we are being good stewards of the environment and particularly the amount of water we're using. >> reporter: he adds 108 bottled water plants in california create work for nearly 60,000 people. >> and that amounts to a total of about $15,000,000,000 in overall economic impact including about $600,000,000 in state taxes. >> reporter: critics call bottled water a wasteful and

unnecessary product. >> it's outrageous and irresponsible. we're demanding that they stop it. >> reporter: for now critics are not targeting beer and soda facilities because they say those drinks do not come out of the tap. amid the controversy starbucks announced it is moving production of its ethos brand back east. a victory for activists and bottling plant workers in pennsylvania. claudia, thanks. from california to australia. this caught on camera. a woman going to shocking lengths to avoid a reporter's questions. you can see here in this video, pushing a stroller after appearing in court to hear a murder case against her friend. she then takes out a cigarette, lights it, blows smoke in one reporter's face. watch what happens next. >> get out of my way. >> the woman stubbing her lit

cigarette in the report's face and keeps going. now facing a public nuisance charge. a real class act to be sure. hmm. right now the search is on for hundreds of pigs. they escaped after a tractor-trailer carrying them crashed in ohio. the truck with more than 2,000 piglets was headed to indiana when it went over an embankment last night. officers were able to capture some of the animals but 400 piglets are still missing. officials say they might never be found. to amelia earhart an iguana and pizza have in common? they're part of our final 30 next.

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time for the final 30. a monster surprise for a plumber in florida. residents had trouble flushing their toilets. turns out they had an 18 inch iguana stuck in their toilet pipe. >> that's gross, john. the newest way to combine

dinner and a movie. pizza hut inveiling a pizza box that can be converted into a movie projector using your smartphone. we're skeptical but open to the possibility that it works. thanks for joining us. "the real story with gretchen carlson" starts now. fox news alert. new leads in the hunt for the two convicted murderers who escaped from a maximum security prison in new york. police question a worker at the prison. i'm gretchen carlson. here to bring you the real story on this today. joyce mitchell. this is the woman. reportedly a person of interest now in this case. officials say richard matt and david sweat used power tools to cut through the steal walls of their cells and escape through a network of underground pipes. police confirm they're now focusing on a small upstate town in that search. david lee miller live for us in that town in new york. david, what have you found out? >> reporter: