and we begin with the fox news alert. right now, homeland security secretary is briefing the house on the federal employee data breach that compromised the personal information of millions of americans. >> the classified meeting comes after a heated hearing. lawmakers ripping the head of the office of personnel management saying you failed utterly. we're covering all the news, happening now. we have five confirmed fatalities. >> a deadly scene in berkeley california. >> we want to make sure we do a complete and thorough investigation to try to determine what happened. >> authorities struggling to figure out why an apartment balcony collapsed. plus -- >> i am officially running for president of the united states and we are going to make our country great again. >> and then there were 12.

donald trump announcing he's running for president. what does the billionaire tycoon's entry mean for an already crowded gop field? and texas braces for another wallop as tropical storm bill aches aim at an area already reeling from rain. it's all "happening now." but we begin with a tragedy in california as the death toll rises from that balcony collapse during a birthday party. welcome to "happening now." i'm jon scott. >> and i'm heather childress in for jenna lee. they now say that a sixth person has died after a fourth floor balcony fell off the side of an apartment building. all of the students said to be irish students on work visas. >> joining us from the berkeley

pride francis vinklestill. francis, what are they looking at as a possible cause? >> well they're looking at whether or not too many people crowded on a small balcony. the balcony was tiny can hold two chairs. it caused it to collapse on the balcony below it and then the students were tossed out on the street. >> but nobody puts warning signs on balance donnies like escalators like too much weight. too many people. it sounds like what 13 people just too much for it to hold? >> that may be the cause. no one has identified it as the cause yet. as you may have heard. there was a birthday party going on with irish students about 40 students. they were celebrating somebody's

21st birthday. apparently a number of them went on the balcony. >> balcony appears to be fairly new construction is it? or is it an older building? >> no this is a fairly new building that was just completed in 2006. in fact i spoke with the developer of the building this morning, and he said they had hired the best steel crew in california to put up this building and the best concrete crew. so he was baffled about what might have happened. and of course there's going to be an investigation into the integrity of that the balcony on the building. >> i know sometimes when there's dancing and that sort of thing, you get harmonic things. that thing happened in that infamous kansas city hotel walkway collapse a decade or more ago. was there that kind of thing going on? you know a lot of dancing inside the apartment or just too much weight? >> no i'd be speculating if i said dancing was the cause of this collapse.

the police have not completed their investigation. all we know berkeley is mourning today. ireland is mourning today. people are just absolutely shocked. these young kids who come to berkeley every summer. this is something that berkeley has reported on a lot to have fun and work in america. ending in such a tragic way. >> right. and those families have to be notified and so much repatriation of the remains. it's just such a sad event. it's going to cast a pall over the city. >> i think so there may be more casualties with this seven young people remain in the hospital critically injured. police are not saying they're out of the woods yet. berkeley following this as closely as we can. >> francis dinklespooel from the

berkeley side. i appreciate the help. thank you. in other news tropical storm bill just making landfall on the texas coast. the storm threatening to bring heavy rain to places still cleaning up from catastrophic flooding. here is a view of the state that shows the storm surge stretching far out in the gulf. the chief meteorologist is standing by. hi rick. >> hi heather. yeah just to go a few mengts ago, 60 miles an hour sustained winds. look at the moisture coming on shore in texas. a lot of texas is going to get rain over the next few days. wind 60 miles an hour. it's not all that strong but because so much of the ground is saturated, you get that. you get more wind and we could see trees topple over with it. take a look at what happens over the next 24 to 36 hours.

this storm comes right up the i-35 corridor between austin and dallas. and this is san area that's seen an awful lot of rain already. even getting up towards oklahoma. and what we've been dealing with this is ridge of high pressure. if you're in parts of the southeast, you know it's been incredibly hot, incredibly humid, breaking recordings and you're not getting any rain. and that's what's drawing the moisture all of it towards that area. eventually all of this moisture goes right along that exact same track. because of that we have the flash flood watches and warnings all the way up to st. louis, central parts of illinois i think you'll see that extended even into parts of the ohio valley over the next few days. take a look at what's happening. we're going to see areas, a lot of area 5 to 8 inches of rain. some areas likely to see over a over the next day or so. and that's what's going to cause very dangerous flash flooding.

you see what happened it goes all the way towards the ohio valley. thursday friday still dealing with the storm, maybe towards the weekend towards the northeast. a lot of places under the gun with this. i want to show you a couple of other places we have a threat for severe weather. d.c. baltimore, new york city. severe weather here because of what we're doing with tropical storm bill and going towards the northern high plains also watching for severe weather. a couple other stories take a look the at this. it's blazing hot. all kinds of fires going on with an incredibly low level this winter. record-breaking temperatures across alaska so far this year. take a look. it's warm it's going to be windy, it's going to be hot. we're going to continue to deal with that unfortunately. a number of stories going on, certainly one of the biggest ones is tropical storm bill. >> we'll let you get back to work. al qaeda in the arabian

peninsula now confirms the death of its top terrorist leader killed in a u.s. missile strike along with two other operatives. the former aide to osama bin laden was one of 23 al qaeda terrorists who escaped from a prison in 2006. john huddy is live in the mideast bureau with more on that john. >> reporter: yeah jon, the hunt for nasser alir al wuhayshi stretched through the port see of macalla. and al wuhayshi has a terrorist background if you want to call it that. he was osama bin laden secretary after 9/11. and also second in command of al qaeda. and the head of as you mentioned al qaeda in the arabian peninsula or aqap. and it's the branch operating out of yemen.

al wuhayshi's death is being called a blow to al qaeda. he's expected to replace and also the strike is looked at as a success for counterterrorism in yemen, despite the violence, despite the war that continues there as well. another dangerous leader of the terror group, a guy name al remi is expected to replace al wuhayshi. the pentagon spokesman said the repeated warning to terrorists around the world saying quote/unquote, we will find you, and we will kill you, with that said mr. al wuhayshi's death is say significant setback and a significant blow to al qaeda. jon, back to you. >> that is good to hear. thanks very much. john huddy reporting from the mideast bureau. coming up later in the hour

we'll speak with an expert on terrorists who calls this the most important terrorist killing since the u.s. took out osama bin laden. dramatic new video, meantime, of fighting in ramadi. a shiite militia group taking on terrorists from the islamic state. this is happening in the outskirts of the provincial capital. the iraqi militia along with militias like this are trying to recapture that area since falling to the terrorists back in may. hot ash spews out of a volcano. the latest on what could lead to a powerful eruption. how the responding area is responding. plus one of hillary clinton's closest confidants sidney bloomen thaw testifying. we'll have more on that. and donald trump announcing he is running for president. the billionaire investor says he wants to make america great

went. how will the donald impact the political field? we want to hear from you, would you vote for donald trump as president. the live chat is up and running. go to foxnews.com. happening now. and get your thoughts in on that conversation.

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projects, big and small. pretty. come see what the new angie's list can do for you. welcome back to "happening now." right now, a court in egypt upholding a death sentence for the country's ousted leader. mohamed morsi was convicted of plotting prison breaks in the past during the 2011 uprising. now, the sentence can be appealed. and in a separate case today, morsi was also sentenced to life in prison on charges of conspiring with foreign powers including the palestinian militant group hamas. well you saw it right here in the first hour of "happening now," real estate mogul donald trump officially entering the presidential race. trump said america needs to

start winning again and he said he has the answers. he's also slamming marco rubio and former governor jeb bush. >> all of these politicians that i'm running against now, they're trying to disassociate -- you look at bush it took him five days to answer the question on iraq. he couldn't answer the question on iraq. he didn't know. then i looked at rubio, he was unable to anxious the question is iraq a good thing or bad thing? he didn't know. he couldn't answer the question. how are these people going to lead us? how are we going to go back and make it great again? we can't. they don't have a clue. >> trump's announcement comes a day after jeb bush officially launched his bidz eded eded his bid in miami. and the writer for "the washington post" politician blog "the thick." and timothy edgar.

thanks for being here. >> thank you. >> all right. donald trump is officially in the race. among the other candidates who is shake most ining most in their boots. >> that's a good question i don't know that anyone is shaking in their boots. donald trump's rating is negative 40. he appeals more to a jeb bush sort of republican than he would, to say, a ted cruz sort of republican. he's a business leader. more moderate in his politics but i don't know beyond the basis that he has which is broadly based on his celebrity i don't know he'll span much past that. >> christopher, he's running as a republican. is the republican party a good fit for donald trump? >> i don't think so. it's a good fit for donald trump as any circus ring is. he's an aggressive entertainer. which you can see immediately, he comes down the escalator, and

they're playing a song "rocket rocking in the free world" which is an attack to jeb bush's dad. it's a populist message. he attacks obama's foreign policy things that republicans like. i think conservatives and republicans get the idea he just likes the circus ring. right now the gop is his ring. he's going to stand in the middle entertain, make some money off of it and raise his status. >> you hit a lot of good points a theme that nobody is getting jobs in america anymore. obamacare say big lie. he said that politicians are controlled by the lobbyists, special interests and big cornings. there's a large amount of the american populous that likes what he says and agrees with it? >> that's why he's doing this. he knows how to say things that

people like to hear. he said thousands of things during that speech. his prepared remark 91 words to announce his candidacy. he was well over almost 2,000 words. the first thing he said people have their campaign launches and there's no air conditioning how they are going to fight isis? it just didn't make sense. >> let's talk about some of the other candidates who are also in the race. jeb bush just made it official christopher. does that launch you know which obviously doesn't surprise anybody, does that somehow get covered up by the attention that donald trump is generating for himself? >> i don't think it's going to get covered up. i think jeb bush came out strong. he showed an interesting tactic. instead, he punched left. punched left the entire time. so for example, on common core which is one of his -- practically his brainchild. he didn't address it.

but he said no federal control for governments. he didn't stage any problems with that. for immigration, when there's a chance in the beginning that says legal status is not a beginning for immigrants. he said i will solve that. like 4% growth year to year. things that you actually deliver to the governor of florida. he showed that he's going to attack and hit his opponents like the gop race. he's going to run on some ideas. at the same time i was a little surprised that he didn't even begin to touch on the concerns. he's a much more serious candidate than donald trump. when jeb bush's millions of dollars start raining down on candidates they're going to feel how strong his campaign is. >> and yes, not to get back to trump too much here. you wrote about how the investigation into his finances suggests he might not be worth the $8 billion for $9 billion he's talking about. >> yes, he says billions of dollars in asset. for example, he counts the bank

of america building in san francisco. that's not an asset that you can use in the campaign. you can't trade that to new hampshire. he says he's worth all of this money. he said he's going to file the actual data with the fcc real soon. it's interesting to talk about donald trump who is very interesting to talk about. >> perhaps the biggest asset he has is his name which is likely to get him on stage. >> right. as it stands right now, he's polling higher than rick santorum. he'll be there. >> phil, christopher we'll continue to watch it. new details on the prison worker accused of helping two convicted prisoners escape. next who just visited joyce mitchell in jail and what police still hope they can learn from her. plus a man convicted evidence gunning down another man outside of a day care center getting a new trial. what it would mean for members

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right now, a look at some crime stories we're following. a detective testified that someone tried to access a business account belonging to a california man, shortly after he and his family disappeared. four members of the family vanished in 2010. their bodies later found in a shallow desert grave two years ago. the officer says the call from the bank came from a cell phone linked to suspect charles merritt who is pleading not guilty to murder champs. police in pittsburgh are asking for tips after a 2-year-old girl was found dead in a remote wooded area about an

hour after disappearing from her home. an autopsy was planned. no arrests have been made yet. who ended up beating her friend to death with a slow cooker is sentenced to 23 years in prison. prosecutors say she attacked her friend after an argument about presidential politics last year. and now to the case against a prison worker charged with helping two convicted murderers escape. joyce mitchell facing up to eight years in prison for her role in that escape. as we learned that she was previously investigated over a relationship with one of the men that she allegedly helped. a fox news analyst and a forensic analyst. thank you for joining us. these two are on the run. >> right. i think what they're trying to do right now is hold kind of the threat if we can prosecute you for conspiracy to murder your

husband. right now, she's facing eight years. they're trying to hold that back and get her to say, look her cell phone, to whom was she calling, where? to try to find out where these two are. >> additional charges are warranted. right now these just facing one misdemeanor. >> promoting contraband and then certain equipment. and then a misdemeanor. it's interesting the police's point these are just preliminary charges but putting a misdemeanor in there in my view was intentional, they were hoping against hope that maybe she could get them to where they were. and then give her a misdemeanor. >> because she's looking at time. if i were prosecuting this case my primary motive is to get these guys. >> absolutely. >> whatever happens to her happens to her. >> what about in terms of her mind-set at the time. there's been a lot of discussion about that. whether or not she was taken

advantage of by these -- >> you know what she was going to be the getaway driver which is an accessory to the fact right? but that plan went south and she was no longer the getaway driver. that is why she can't point to where they are. >> and she panicked and went to the hospital. >> so she knew. >> yes, i would say, look she knew what she was doing was wrong. she panicked. she didn't want to go forward with it. she checked herself in the hospital. she did that without the help of anyone. as far as taken advantage of they're in prison. apparently it took five weeks to maneuver all of that. >> you can lay that responsibility on her, she watched it i don't care what they're trying to solicit her to do it's her responsibility that she did it. >> and they'll investigate her previously. >> richard matt david sweat, still looking for them.

well a court in georgia in a conviction of a man found guilty in a shooting death outside of a day care center. prosecutors saying they will now retry the against against henry numman responsible for gunning down rusty sneiderman but argues he didn't know right from wrong at the time. he was also accused of having an affair with the victim's wife a charge that she denies. >> well you know it was a love triangle. he admitted the crime flat out. this is not about whether he did it or not, it's just a matter of what his mental state is. in georgia, it's different. many states have not guilty by reason of insanity. here in georgia, it's guilty but insane. you get the full prison term. the case will be retried. >> right. >> and the judge allowed previous evidence in. medical privileged evidence that the attorney for the defense had accumulated. the judge said no we won't

have that in front of the jury. the lawyers said no this is our privileged information. the judge allowed it in overturned. >> and then the prosecutors are too aggressive. a lot of criminal cases, you try to put things in you don't need. the man admitted the crime. admittedly they were trying to hold to the idea he was insane. but at the same time it's more the prosecutor's fault than the judge. do you agree with that? >> no because the judge allowed it in. the judge is the one that says no we can't let that in. >> how does that impact other cases? >> well this case will hold. it will be retried. he will be reconvicted again. he's not going anywhere. i think judges should be more careful trying to get the information in. >> stuff that's privileged you should know. >> and see what happens to the girl right now, she's being retried. >> you can hear more on the new

wheel of justice. logon to fox news radio.com. >> i'll do that. >> jon. >> right now on capitol hill one of hillary clinton's closest confidants testifying before the house panel investigating the benghazi terror attack. amid new questions over whether clinton withheld documents. plus the u.s. picked out a top terror target. coming up we'll speak with one terrorism analysts who said this is the biggest strike since they took out osama bin laden. and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

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breaking now, we are awaiting new details out of a closed-door benghazi hearing on capitol hill. longtime aide to clinton. sidney blumenthal is testifying at that hearing. we're learning he handed over 60 e-mails just before today's deposition that haven't been made available by the state department. catherine herridge is live in washington with more on the e-mails. >> the republican chairman of the benghazi select committee told reporters that the gap they got from blumenthal and given by the state department has to be explained. >> i think it's noteworthy that no committee of congress that has previously looked into benghazi or libya uncovered these memos. and i will leave it to you to figure out whether there was a

failure tole produce on the former secretary's part. or a failure to produce on the department of the state's behalf. >> at this hour they are on a lunch break. this is video from earlier today. blumenthal seen going into the closed deposition where he answered questions from republicans and democrats on the committee about his e-mail correspondence with mrs. clinton while she was secretary of state and blumenthal was a paid adviser. fox news has learned that some 60 e-mails were turned over by the attorney on the eve of the deposition but these same documents were never made available by the state department creating what one source described as a significant gap in the record. fox news did not independently review the e-mails but say blumenthal tried advise in 2013 and we're told that blumenthal acted as a defensive intelligence operative for hrc.

>> i'm 100% for releasing the blumenthal documents only if only if there is also the release of the transcripts of today's deposition. >> the documents provided to the committee based on the tone and the date stamps do not appear to be the complete record for blumenthal. we're waiting on the state department briefing right now, we're going to ask them what they make of this apparent gap in the records, jon. >> and these were documents, as you say, have not been presented to congress before. >> that's correct. >> and until the investigative committee has had a chance to look at them. >> and the key thing is whether mrs. clinton made the decision unilateral not to try the documents to the state department. or whether she provided them and the state department made the condition that they were not relevant to the committee.

you almost have this shell game with the documents and it may be impossible in the end, as we heard from chairman gowdy, to verify that it's complete. >> it's fascinating to know what's in them. let us know what you find out. catherine herridge thank you. the u.s. striking a big blow against al qaeda. nasir al wuhayshi was a former aide to bin laden. and it also claimed responsibility for the "charlie hebdo" terror attacks, you remember those, in paris. tom jocelyn is a senior fellow at the foundation for the defense of democracies and senior editor of "the long war journal." he joins us. thank you for joining us first of all. >> thanks for having me. >> this is being called the most important terrorist kill since osama bin laden. is that overstating it? >> i don't think so he's the

most influential operative in al qaeda. this is a role that basically gave him responsibility far outside of the arabian peninsula. detected his communications as far as west africa, syria and elsewhere. he's really got a lot of influence in al qaeda. >> who would have been surrounding him at the time? >> he could have had any number of operatives during the strike. he's known to be very careful in his communications. known to be very sensitive, basically, of the security protocols that al qaeda has put in place. >> we actually have some videos of him. a meeting, a large gathering. >> a large gathering. he was clearly in the middle. >> sort of irony, this isn't that old, this footage at this meeting. at this time this is something they actually put on to show a show of force in yemen. this is an exception to the rule.

this is not a guy that has put out a lot of videos. he didn't put out a lot of audio statements. clearly, he was still helping to run al qaeda. >> so a new leader has already been named. >> right. >> this is happened before we kill one leader another one is named almost immediately? >> right. >> so what happens now, do we try to target him? >> well that's the essential question to all of us. the strategy is very much what we call a counterterrorism central strategy where you basically take out top leaders and you think the whole thing's going to crumble. unfortunately, they're not organized that way. the way they're organized, they grow army and insurgency a guy like wuhayshi it's going to be incredibly tough to find somebody of cal bar to replace him. >> do we know about the person who has been named to follow him? >> yeah kaseem al remi is another al qaeda operative. had experience all the way back to 9/11 in afghanistan.

he's a guy leading the aqip chain of command. also a co-founder there. >> do you think they will change what they're doing, the modus onatdus operandi? >> probably not. not clear how they're going to reorganize themselves. overall, i think they'll keep pressing for strategy inside of yemen. >> thank you for joining us. jon. >> an explosive hearing on the hill as lawmakers ask questions about the hack that compromised the federal data of millions of federal workers. and the search is on for the person responsible for stealing seven snakes from a reptile organization how they pulled it off? >> with bigger snakes people don't release them like in florida. they have a place to be taken

and take them. that's all we want to do is care for the animals.

breaking news in the world of baseball. one major league team under investigation for hacking into the internal network of another team potentially gaining access to closely guarded secrets. plus donald trump is in saying he'll be the greatest jobs president ever. could this billionaire have the right credentials to be in the oval office or not? and is it safe to go in the water to avoid a shark attack. we'll show it all to you at the top of the hour. seven pythons stolen from a reptile rescue in ohio. and now police are on the hunt for who is responsible. this happened at akron reptile rescue. a group of taken animals taken during police raids and readying them for adoptions.

the suspects cut a hole in the wall and broke in. the snakes are almost 6 months old or younger and worthy about $10,000. one is pregnant and another has a severe burn. they did miss this one, though the big one, boa constrictor was at the front of the store. police say anyone can return the snakes with no questions asked. right now, a classified briefing is under way for house lawmakers of a data breach for 14 million employees. during a heated committee hearing in which jason chafefz told the chief. >> reporter: jon, expressing bipartisan frustration with government officials feeling

like they're getting excuses or stone walling. the official on the hot seat, kathryn archaleta, telling them that the government is failing in terms of protecting the information of current and past employees. that's the current information that 11 computer systems are currently outdated. the chairman tried to figure out how widespread the data breach might be? >> does it include military personnel? >> as i said this is -- >> it's a yes or no question. does it include military personnel? >> i would be glad to discuss that in a classified setting. >> does it contain contractor information? >> again, i would be glad to discuss that in a classified setting. >> there's nothing classified about whether or not they should be included. with homeland security secretary

jeh johnson, efficient were asked why they didn't encrypt the information and the response is it's impossible tonon networks that are too old. a few democrats on the panel sounded annoyed. >> this is one of those hearings where i think i'm going to know less coming out of this hearing than i did when i walked in because of the obfuscation and the dancing around that we're doing here. as a matter of fact i wish that you were as strenuous and hard working at keeping information out of the hands of hackers, as you are keeping information out of the hands of congress. >> another democrat member on the panel with a background in computer science says it's abundantly clear there's a high level of technical incompetence across many of our federal agencies. jon. >> thank you. another capitol hill hearing today on the scandal revealing that tsa failed to flag airline

employees on a terror watch list. tsa officials telling lawmakers that none of the 73 workers said to have links to terrorism was a danger to airport security. the tsa blaming a lack of cooperation across government agencies actually says it doesn't have access to the terrorism database. a bill meantime, has been introduced in the house to increase information sharing. new information now on honda recalling more vehicles over air bags that can explode. 1.4 million civics and accords are being recalled with potentially faulty front passenger side air bags. the propellants in air bag inflaters made by takata can burn too quickly. this can blow apart a metal canister and send debris into drivers and passengers. affects models 2001 and 2005 sink sedans. and 2003 and 2004 accords.

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it targets and helps to block a specific source of inflammation that contrubutes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma have happened, as have blood liver and nervous system problems, serious allergic reactions and new or worsening heart failure. before treatment get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work. time now for our final 30. prosurfer bethany hamilton introducing the world to son tobias on facebook. bethany, who really became world famous after losing her arm in a shark attack in 2003 gave birth

to a healthy baby on the first of june. congratulations. and the chicago blackhawks now stanley cup champions for the third time in six seasons. chicago mayor rahm emanuel promising the fans quote, world class celebration in the windy city. the mayor said this year's victory is even sweeter because the blackhawks won it at home in front of fans for the first time since 1938 john. >> i'm sure they are happy. and then three little shelters three piggy shelters for the pigs we show you about yesterday. loose after a semi-truck overturned. while someone in dayton ohio with a sense of humor, in your homes like the three little pigs fairytale fairytale, left them at the site of the accident. no big bad wolf. >> hoping they'll run all the way home. never did find them all. >> nice to join you today.

>> busy day. lots going on. >> we'll continue to watch it and thank you for joining us. real story with gretchen starts now. kicking off with a fox news alert. texas at the center of a storm again. i'm gretchen carlsson. this is the real story today. planning the lone star state making landfall in the last hour. so the storm packing 50-mile-an-hour wind gusts, lots of heavy rain. the last thing you need is more rain. it's been raining for the better part of two months. major cities still soaked. police are urging drivers to stay off the roads. the storm-making landfall along the eastern coastline expected to move inland and then it's going to move up towards oklahoma. that's going to happen a little later this afternoon. our own steve harrigan. how bad could things get