martha: pretty amazing sight earlier this morning, more than 50 wounded warriors and a 150 members of the fdny taking part, what a great day. gregg: good for them. martha: we'll see you back here tomorrow. gregg: right. martha: thanks everybody. have a great day. "happening now" starts now. ♪ ♪ jenna: and we start off with brand new numbers in the race for the white house, and they paint two very different pictures for the democratic front runner. i'm jenna lee. jon: i'm jon scott. so dueling poll numbers showing a trouble spot for hillary clinton. only 39% of those surveyed say they have a favorable view of the former secretary of state. nearly half, 49%, have an unfavorable opinion of her. while a new abc news/washington post poll shows a slim majority of those polled, 52% say they have a favorable opinion of the

democratic candidate 45% do not. joining us now be larry sabato, director of the center for politics at the university of virginia and a guy who can break apart polls better than just about anybody else. larry usually the polls kind of go in sync with one another, but in this case these two polls are pretty different, a 13-point difference in favorability rating for the former first lady and secretary of state. can you explain? >> sure. i can't reconcile the numbers for you but i'll tell you what those two sets of numbers tell us don't trust early polling. it's all over the lot. it depends on how the questions are asked and what the sample is. but, jon, regardless of the numbers, take a look at hillary clinton's campaign over the last five or six months, and it's been going on that long now. she has looked defensive she has looked sheltered by her campaign unwilling to engage with average voters and with the

press. and i think over time that has an impact along with the issues like the e-mails and other controversies that hillary clinton has been in recently and in years past. jon: one of things that caught my eye is the comparison of her polling numbers to the sitting president and she is actually not doing even as well as he is right now. if we can put them up on the screen, well, there they are. hillary clinton's unfavorability rating is actually higher than the president's among all voters and among democrats as well. >> well, the president's numbers are going to be very important next year. his job approval numbers rather than favorability. you can like someone but think they're not doing a good job. so you look at the job approval numbers for an incumbent president and that's what hillary clinton depends on. but, you know, one historical note it's really remarkable to me. hillary clinton is following

almost the same path her husband did in 1992 as far as trustworthiness and honesty. she's rated low on honesty and trustworthiness just like bill clinton was. now obviously that isn't a bar to election. we remember what happened in 1992. but it's always better if you're trusted by the voters going into a campaign. jon: in that associated press/jfk poll, the negative ratings for the former sec today of state -- secretary of state she is down seven points, that is her unfavorability ratings have increased in just the last three months. >> sure. look at the campaign she's been running. i forgot to mention the roping incident. that was so absurd and i think people who follow politics were amazed that the clinton staff as experienced as they are would allow something like that where clinton's staff was roping off the press during a july 4th

rally and walk in a town in new hampshire. these things matter. the early impressions matter. and i think some of that is being factored into these poll numbers for clinton. the good news for her is she's nearly guaranteed the democratic nomination no matter how many people bernie sander attracts to a convention hall. and it's early, and she can change this. jon: thinking way back to when she first launched her campaign and took the scooby doo van to the chi poet t lay in iowa and so forth, that was all designed to give the former first lady a softer more human side. has that all been forgotten as a result of some of these faux pass you were talking about? >> jon it didn't work to begin with. the storyline that came out of that original foray into iowa was she was being kept from real voters. she was being kept from the press. those people she met with were essentially, prescreen asked.

they were very -- prescreened. they were very unlikely to ask any 'em embarrassing question. if you're going to run for president, you take chances every day. most of the candidates are engaging with they've never met before they take questions from the press almost daily. that's what they're expected to do. is it risky? of course it's risky, but that's what we expect of presidential candidates. jon: real quickly on the republican side, a couple of polls have donald trump ahead of jeb bush who you have said is the nominal front runner. does donald trump look to be on his way to the nomination? is he a guy who could play spoiler like a ross perot or a pat buchanan? >> he could play spoiler, that's entirely possible. you know, if this campaign ends up to be bush v. clinton again don't be surprised if a billionaire becomes the new ross perot, and the first billionaire you think of today is donald trump. but on the whole, no.

i don't think donald trump despite the fact that he's doing well right now will end up being the nominee. but he can have an influence on who the nominee is. and we'll see who he goes after many that august 6th debate on fox. he's guaranteed to be in the debate. and it will matter who he targets. jon: going back to your first question, pay not a lot of attention to the early polling. larry sabato from the university of virginia -- >> exactly. jon: larry, thank you. >> thank you. jenna: and now this fox news alert. former president george h.w. bush is in a maine hospital today receiving treatment for a broken bone in his neck. the 91-year-old admitted to the portland medical facility after a fall at his summer home. molly line is live with more on this. molly? >> reporter: jenna, we're getting word, actually that he's doing okay. the injury to the former president, former george h.w. bush, is not life threatening he did not lose consciousness,

but he will spend a few days in the hospital, essentially recovering and also being monitored. this fall happened at the family's kennebunkport home, their summer home where they spend their summers. he's now being treated in portland. sources close to the former president say he fractured a vertebrae but that injury sounds worse than it is. he was awake and alert throughout the entire treatment, and there's no sign of any neurological issues. here's a tweet from his spokesman, jim mcgrath. 41 fell at his home in maine today and broke a bone in his neck. his condition is stable, he is fine, but he'll be in a neck brace. and no surprise, the well wishes are pouring into the president and his family. jenna bush hager tweeted this: thanks for all of your thoughts and prayers for our dear gamps as they call them. we are on optimistic he will happy well. he has a tenacious spirit. when i last saw him, he was skydiving. he turned 91 last month but for

his 90th birthday, of course he sky dived. that's what hes to do for his birthday. we rushed up to maine just in time to see him drifting down out of the sky. we had a chance to speak with some of the folks that witnessed that. people line the streets. you don't get to see a former president sky dive all that often, and people really love it up there so they like to see him doing well. he is, of course a former world war ii naval aviator, and he also skydived for his 80th and 85th birthdays so he has a big spirit a long career. a lot of people wishing him well today. jenna? jenna: we are as well. molly, thank you. jon: well right now vice president joe biden is working to get democrats on capitol hill to back the iran nuclear deal. the vp will be meeting with members of the senate foreign relations committee one day after huddling with house lawmakers. james rosen is reporting live from the white house on that. james? >> reporter: jon and jenna, good afternoon. the white house believes it can

muster the votes necessary to override any congressional veto of the iran deal. some democrats remain skeptical about the terms of the accord, and vice president biden is spending a second consecutive day working to assuage their concerns. republicans have been vocal critics of the deal with some arguing that disarms control accord will actually spark a nuclear arms race in the mideast. >> look if i'm saudi arabia or if i'm united arab emirates, i'm going to look at iran's deal and say everything they got i'm going to also do. i'm going to build 5,060 centrifuges myself because the united states and the west can't tell anybody in the world now that they can't build 5,000 centrifuges when we just gave our worst enemy the ability to do the same thing. >> reporter: iran's president bragged that his negotiators secured concessions that went

quote, beyond the nuclear realm. he meant the lifting of barriers to iran's purchase of badly-needed spare parts for airplanes. rouhani's transportation minister said the regime is in talks with boeing and airbus. president obama argued that international unity on the sanctions regime would have fallen apart if the iran talks fell apart. >> we're not writing iran a check. this is iran's money that we are able to block from them having access to. that required the cooperation of countries all around the world many of whom really want to purchase oil from iran. >> reporter: but the president pledged to do more to block iran going forward in the future from transferring any of the billions it will receive in sanctions relief to terrorist groups like hezbollah. back to you guys in new york. jon: james rosen at the white house, thank you james. jenna: well police first said she made it all up, that a california woman was never, ever

kidnapped. but now a woman's story of abduction is getting some backup from a very unlikely source. riots in the streets as the greek parliament makes a very unpopular decision there. did they have any choice in the matter though? we're live in athens. and we want to hear from you, are you worried about all the money going to superpacs and presidential campaigns? our live chat is at foxnews.com/happeningnow to join the conversation. es. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. ooh pizza rolls! ahh! they're ready! make summer awesummer with totino's pizza rolls. and get a free movie ticket when you spend $10.

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jon: some crime stories we're following right now. the jury is deliberating for a second day in the james holmes murder trial. the man accused of shooting up an aurora colorado movie theater charged with 166 counts of murder, attempted murder and explosives. holmes is pleading not guilty by reason of insanity. opening statements expected today in the trial of a nevada

man accused of killing phi people in 2013. questions over jeremiah bean's mental health have delayed this trial for more than a year. and an e-mail from her kidnappers appears to verify a california woman's claim she was kidnapped. denise husband kins' abduction was a mistake claiming she was not the intended target. the police originally dismissed the kidnapping as a hoax. jenna: new information on the crisis in greece where lawmakers approved a bailout plan. even as violence rages in the streets protesters opposing the strict austerity measures attached to this bailout and they set fires, they threw homemade bombs at police. amy kellogg live in athens with more. amy? >> reporter: hi, jenna. well, the story has kind of moved on from last night. the streets are quiet, and it is very difficult to generalize about the mood on the street. but it could be called fatigue, exhaustion, resignation.

and only some people actually are showing a broken spirit, jenna those who are giving this a lot of thought are wondering how on earth greece is ever going to come out from under this massive mountain of debt particularly as it looks at another series of loans. the clashes last night were frankly, nothing compared to what has broken out but a few anarchists shook things up. they started hurling molotov cocktails at the police who quickly got the situation under control. the game-changing action was in parliament last night where hours of debate and drama played out. one member of parliament even destroyed the bill he was being asked to vote on for effect. in the end 229 voted for the measure, 64 against, 6 abstained. alexis tsipras' political future is very much on the line as he was elected on promises to end austerity, but in the end he had to cave.

europe has been quick to respond to this some emergency bridge loans have been provided. the european central bank has said it's going to pump more liquidity into greece's still-shuttered banks next week which is good news, and the ecb chief, mario draghi echoed what the emf said -- imf said quite dramatically, that greece cannot sustain this debt. but the question of how to give greece relief is a very complicated legal and technical issue for the european union. >> this union is imperfect, has been imperfect is fragile, is vulnerable and doesn't deliver. that's the very least it doesn't deliver all the benefits that it could. >> reporter: you know jenna people wonder why instead of getting more bailout money greece just doesn't get a break. some argue it could be given a haircut, but then the problem becomes what about portugal, what about italy, what about spain, what about other

distressed event u. economies? it's all quite complex. and tomorrow germany is going to vote on whether, in fact, it is fullien onboard with this plan. jenna: amy, thank you. jon: a new report on what kinds of allowances kids are getting these days that will probably surprise you and what many children are doing to earn the money they get and how much they're making. plus, some senior dea agents filing lawsuits claiming workplace discrimination because of their military service.

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allowances and they're doing chores to earn them. the average age of kids doing this and getting an allowance is 8 years old. when asked at what age it was appropriate to receive an allowance, most kids said 7 years old. 39% of parents -- 79% of parents give their kids an average of $35 a week. jon: what? jenna: $35. that's a lot of money, i think, don't you think that's a lot of money? jon: when does trace get his? jenna: 50 cents here and there $35? jon: holy cow. that's inflation for you. [laughter] fox news report on more than a dozen dea agents who claimed they endured hostility and intimidation because of their status as military reservists. william la jeunesse has that live there los angeles. >> reporter: well, jon, you know when reservists go to war,

they a leave their jobs and everyone else at home has to work harder, and people resent it. these vets are not being promoted at the dea they claim, and the problem is that's illegal and many claim unfair. >> immediately upon return, i would start getting weird questions -- >> reporter: a marine captain served three tours in iraq, yet when he returned to the dea as an agent, he says supervisors ridiculed his wounds. >> he ba well, if you'd gotten out of the reserves this wouldn't have happened. you pretty much deserve everything you get which, i mean, shocked me. >> the second i mentioned i was a coast guard reservist, the conversation changed dramatically. >> reporter: another agent says he encountered similar hostilities when he requested a transfer to be with his wife. >> the very next day they canceled my transfer. >> reporter: derek and mark are just two of 16 agents who claim in court records they faced discrimination, retaliation and a hostile workplace because they took

leave from the dea to fight in afghanistan and iraq. >> they called me a poisonous pansy. >> reporter: two other marines were called cowards and ordered to never speak to their supervisor again. they told a navy officer, you may be a commander in the navy, but you're not -- expletive -- here. they told a green beret to stop playing army and a coast guard reservist to choose one job or the other because of the added workload for everyone else when they're called up. >> this seemed to be a pattern and practice of the agency trying to get drilling reservists to leaf the military. >> we went public back in may, and we filed the case. within two weeks we were being fired. >> reporter: derek and his wife lisa attended a meeting at headquarters at home they made a stunning discovery. >> i saw a blinking light through the windshield a very faint blinking light. and i put my hand in, i realized there was something that was stuck in there, and it was something that was placed and

shoved in there. so i went back, opened up the hood and i saw that there was a blackberry concealed within the hood. >> reporter: they presumed a criminal suspect until looking inside. >> if i remove the battery i have a marking that says dea 836-745. >> reporter: so the dea has refused to comment or explain why it appeared they were spying on their own employees which, of course is illegal. the blackberry remains in the custody of that attorney and he will only release it with a judge's warrant. jon? jon: weird, weird story. william keep us updated thanks. jenna: a mystery the public may help solve. police releasing new information. what investigators just learned. plus, a live look at the dow today, the iran deal, new jobless claims, we're going to tell you what's moving these markets next. ♪ ♪

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jenna: right now a quick look at what's still to come this hour of "happening now." deadly flooding in kentucky, what rescue crews are doing to help find people who are missing and what's hindering the efforts. also two young sisters disappeared 40 years ago now a convicted sex offender is indicted for their murder. will the charges stick after so

many years? our legal panel weighs in on that. and a deadly shooting during a traffic stop all caught on the officer's body camera. what the tape shows. jon? jon: well, fox news business alert now. a live look at the markets with stocks on the move to the north, up 33 points right now. a drop in weekly unemployment numbers not the only reason. lauren simonetti with the fox business network live with more now. >> reporter: it's been a good day and a good week, jon. it's up more than 30 points. investors are cheering greek apartmently approval of a bailout plan accepting more tax hikes and pension cuts in order to get more money from their european creditors, but here at home we've got more good news on the job front. unemployment benefits sinking last week to 381,000 -- 281,000 the first decline in three weeks. guess what? the big banks are reporting their financial results, showing how legal bills related to the mortgage crisis are still affecting them. the news is good at citi,

profits rebounded substantially in its most recent quarter while goldman sachs may have more bills left to play. goldman's profits disappointing investors, but citi's stock is up today. and a huge winner today and this year is netflix. can you say orange is the new black? dare dell? grace and frankie? that's a good one by the way. original content like those hit shows plus upcoming movies boosting netflix shares to all-time highs. some analysts say netflix will have 100 million subscribers around the world by 2017, jon. jon: that company has changed. >> reporter: streaming is king. jon: that's right. lauren simonetti, thank you. jenna: the white house trying to rally support for the iran nuclear deal and we're going to go lye to capitol ril -- live to capitol hill where joe biden is going to be meeting with democratic members of the senate foreign relations committee. also they're working on our allies in the region. the president conceded that

israel does have quote legitimate concerns about iran financing terror but he insists that those threats would be worse if iran gets a nuclear weapon which he believes they will not because of this deal. the president also made it clear he feels the only alternative to this agreement is war. acting co-director of the nuclear policy institute, and elon burman, nice to have you on the show today. both of you have different perspectives. james, you overall think it's a good deal, although you still have questions, elon you have a lot of questions about it. i'd like to ask you just what is the biggest lingering question in your mind? when it comes to this deal, what needs to be answered? james, you first. >> well, good morning, jenna. i do think this is a good deal. i think that this is a deal that of all of the reasonably-achievable options is the most likely one to prevent iran from getting a nuclear weapon. i have very i few questions

about the text of the deal. this is a remarkably detailed and specific agreement. the questions i do have are about implementation. this is going to be a difficult agreement to implement, it's going to be a challenging agreement to implement, and it's going to -- and it's designed to take a number of years to implement. jenna: james, before i get to elon you have a background in science, you're a physicist, obviously, you're head of this program at the carnegie endowment that focuses on nuclear energy. how good do the inspectors need to be that are working in iran to really know what's going on? >> the iaea inspectors are fantastic, and this agreement gives them some really intrusive, robust access rights. it allows for timely access anywhere. it provides a kid candidated procurement -- dedicated procurement channel which will be of assistance with detecting iranian activities. it provides access to parts of the iranian nuclear program that no other country grants.

actually, the inspection provisions of this deal are about which i'm the most positive and bullish. jenna: we are putting a lot of trust in our verification process in the iaea. it's important to know how good they are. what questions would you still like answered about this? >> right. i have some questions about verification, certainly. but the point that you made earlier about the material sanctions relief that iran gets as a result of this deal is really, for me, the big ticket issue. iran is poised not to get graduated sanctions relief the way the obama administration had been talking about originally but they're poised to get pretty substantial and quick sanctions relief. they're going to get somewhere between 100 billion and $150 billion in freed assets which are now prosen over -- frozen over the next six months. and money's fungible. when you have a regime that even in a fiscally-constrained state is the world's leading state

sponsor of terrorism, $100 billion, $150 billion is a tremendous amount of added capital they can spend not only for domestic reconstruction the way the obama administration thinks, there may be some of that, but certainly that's additional freed funds that they can spend for more nefarious purposes. jenna: the president said the alternative to this is war so if you don't like this deal, basically you're saying we should go to war to prevent iran from getting a nuclear weapon. you think that's a false choice. why? >> i do. i think that's a strawman argument because, quite frankly, what you're choosing between is not this deal and war it's whether or not you can judge this deal as a positive one on the melters. i think there's -- merits. i think there's lots of deficiencies here. there are some with regard to verification, with regard to time limit, and there's a lot with regard to second order, third order effects that are likely to be put in play by the provisions of the deal. it's a large deal, it's a comprehensive one, but it asks a lot of questions, as many as it

answers. jenna: what about that angsts relief james? -- sanctions relief, james? are you concerned about it coming too quickly for iran and the side effects of that? >> well the whole reason we put sanctions on iran, the whole reason why we withheld $100-$150 billion of their money was to get them to change their behavior over the nuclear program. they're not going to change their behavior over the nuclear program unless we drop sanctions on them. so of course in some ideal world i would like it if we could restrict the nuclear program without giving them sanctions relief, but that's not the real world in which we live. but it's even bigger than that. sanctions have been effective on iran because the rest of the world was with us, because the rest of the world could see that the united states was negotiating in good faith to find a negotiated settlement. it's fantastical to think that if the u.s. rejects this deal that other countries are going to agree to ramp up sanctions

further. in fact, the big problem before the deal was if we hadn't got a deal reached even u.s. friends and allies like japan or south korea and india wouldn't have been able to go along with the sanctions very much longer because they were hurting. jenna: interesting. it's not just a deal we have with iran, we have a lot of other countries onboard with it too. at least for now elon, i'd like to get your thoughts on this. the president of iran, hassan rouhani, is really active on twitter. we only have his perspective, but this just came out while we were on the air. he was tweeting about a phone call he had with the british prime minister david cameron, who he says welcomed the iran deal and iran's constructive role in negotiations and expressed interest in reopening embassies in iran. again just his perspective. i don't have any tweets from david cameron on but i'm curious what you think about this as western powers go back, do business iran and perhaps open embassies, what does that do for this deal? >> i think it's clear this is a

very good deal from the iranian perspective. it's one that materiality lifts sanctions and it's one that helps reintegrate iran into the international community. even sort of before we heard this news about potential british reopening of sanctions reopening of embassy, what you saw was that the prospective lifting of sanctions was causing international investors to circle the iranian market. the iranians are engaging in trade discussions with numerous companies. this is really their way in from the cold. that's all well and good as far as i'm concerned. but what i worry about is that an iran that is fiscally constrained that's limited by sanctions is still a fairly formidable force to reckon with in the middle east and not in a constructive way. an iran that's flush as a result of this deal could cause a lot more problems. jenna: and james a final thought from you on this critics say we'll never ever, ever have the leverage that we once had getting iran to the table, and that's why there's

some disappointment in some circles to it because that leverage will never be back again. do you agree with that that we'll never have the leverage we once had? and from this point on, this delays iran's nuclear program, doesn't completely erase it. >> well, as i say if there was a way of getting limits on the iranian program without giving them sanctions relief, i would have been all for that. of course i would have preferred that as on outcome. but in the real world, that wasn't an option. to get them to concede on the nuclear program, we had to be giving them sanctions relief. i absolutely believe that this deal was the best deal that was reasonably achievable given all the facts on the ground, and i believe that this deal is the best of all the viable options the reasonably-achievable options for constraining -- for preventing iran from getting the bomb. it has intrusive verification provisions, it has stringent limits, and those limits last a long time. jenna: but they don't last forever, and that's where i'd like to bring conversation the

next time that we have you both on. thank you so much for the time today. >> thank you very much. >> thank you jenna. jon: the death toll is rising in delaware stating floods, now -- devastating floods now the search is on for people still missing. the latest from the disaster zone in kentucky. and a convicted sex offender indicted for the murders of two young sisters 40 years ago. we'll look at the challenges prosecutors face as they try to put this case on trial. in in i brought in some protein to get us moving. i'm new ensure active high protein. i help you recharge with nutritious energy and strength. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. ensure. take life in.

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jon: let's get a look ahead at "outnumbered" for the top of the hour. >> the fallout from the iran nuclear deal continues. as you know, the president lost his cool over a question about u.s. prisoners held in iran and why they were not part of the deal. should they have been part of the agreement? >> plus officials say it's downright scary how few people we have trying to stop isis from radicalizing young americans. and low-cut skin-tight clothes on the pro golf courses

as one young lady golfer playing the sex appeal card or playing it smart. >> we'll definitely discuss. all that plus our #oneluckyguy. "outnumbered," starts at the top of the hour. jon: see you in about 16 minutes. jenna: now this fox weather alert. the search is on for people still missing following devastating floods in kentucky. three people are confirmed dead, but fife more -- five more remain missing. among those killed, a 74-year-old woman whose grandson was last seen trying to save her, both of them swept away. her grandson is among the missing, but devastating weather across the country. jon: new information now a convicted sex offender serving prison time already has been indicted for the murders of two young sisters 40 years ago.

12-year-old sheila lyon and her 10-year-old sister katherine were last seen in march 1975 at a shopping mall near their home in maryland. the girls' bodies have never been found. prosecutors now have to prove that lloyd lee michael welch jr. killed them even though they don't have a confession or any significant physical evidence. at least not as far as we've been told. how do they do that? joining us now former president arthur aidala and veteran president wendy patrick. welcome to both of you. tall order arthur. they know these girls disappeared. it was a case that really transfixed the nation and especially suburban washington after these two girls vanished without a trace. parents wouldn't let their kids out won't let them go out of the house that kind of thing. so now 40 years later prosecutors think this guy did it. how do they prove it? >> well if you had the same evidence today be you tried this case 40 years ago, it would be

easier 40 years ago because the culture was different. they held prosecutors to a lower standard. but if i'm the defense attorney in this case when i know these jurors are all watching the entire csi series right? the csi or series crime scene investigation they're in every state of the 50 states that we have, jurors are accustomed to hearing about forensic evidence, about dna and there's none of that here, jon. you're trying to get 12 people to agree this guy committed a murder with no forensics, no confession. it's a tall order. jon: well, there are some connections wendy, and we should tell our viewers that this case was reopened when a young detective took a look at the cold case file. he went back over some of the old interviews, and he noticed that this guy, lloyd welch, who was 18 years old at the time, bore a strong resemblance to a sketch of somebody who was seen following these little girls at the mall they had gone to.

so he goes and questions welch. welch says, yeah, i gave them a ride that day and my uncle i took them -- or, you know, my uncle, i saw my uncle molesting them, but i don't know what happened to them after that. pretty good evidence, but is it enough to convict this now-58-year-old man of murder, wendy? >> the fact that he links himself to the crime scene is huge because remember, this happened in 1975. gerald ford was president. all in the family was the number one tv show, and captain and tenille had the number one hit that we all enjoyed on our 8-tracks. arthur and i don't remember any of this. [laughter] that is why it is so significant that someone has come forward and put themselves in the car when the little girls were abducted. that is an enormous amount of evidence. and it's true everybody watches csi, and they want to see the fancy techniques, but good, old old-fashioned police work might crack this case. and prosecutors don't have to

show their hand yet, but there has been an indictment so you can bet we're going to be hearing a lot more about the facts they have. >> she's spot on in terms of, you know, ladies and gentlemen of the jury, now i'm playing the prosecutor, he tells you he's there. he tells you he's escorting them. he tells you he sees them get raped but not by him by somebody else. come on, folks if it walks like a duck talks like a duck, it is a duck. that's the type of argument. and the key is does the judge allow any of his prior bad acts to come in, and that's a tremendous amount of case law on this, and a judge has a tremendous amount of discretion as to whether the jurors hear his criminal past. jon: that's one of the questions i had wendy. he's serving time right now for molesting a 10-year-old girl. he also served time for another sexual abuse case. can the jury hear about that if he is, in fact, taken to trial in this particular, in the disappearance of these two

girls? >> you bet that's going to be a key piece of evidence that the prosecution is going to want to have in. clearly, and i love the walks like a duck analogy, it would be an enormous coincidence. remember, these young girls were also 10 and 12. so it's hard enough to warm up cold cases so to speak, with forensics but it's easier when you have somebody not that just puts himself at the scene but has continued to do the exact same types of crimes. not all crimes, although there's some evidence of that as well. but it's that prior act evidence that's probably going to be the longest motion in limine in this case probably going to be arguing it for days. but ultimately, it's going to be a balance of the equities, and the prosecution really has a lot of that on its side right about now given the similarity of the other cases. jon: the uncle richard welch, lives in bedford county virginia 200 miles away from where the girls disappeared. police think that's where they are buried. they have done a search, arthur, haven't come up with anything.

richard welch, they say remains a person of interest. i suppose they lean on the uncle and try the get some information? >> three things you just said, they're still searching the whole area hoping even 40 years later they're going to find remains and there'll be some additional answers to some questions. number two he's a perp of interest so they're hovering around him. and number three, my understanding is the uncle's wife was arrested for perjury for what she said in the grand jury. so this young detective who took a cold case and warmed it up -- [laughter] i think as wendy said, he's really done he's really done a lot of hard work. and look, jon, if the guy's factually guilty then everybody here wants a conviction. it's just that our system is not set up where if we have a hunch or we kind of think that he's guilty we find somebody guilty. jon: arthur and wendy, you know the girls' parents are still alive, and let's hope to for their sake they get some closure to this case. thank you both. >> thanks, jon.

jenna: a deadly shoot outth and ab officer's body camera capturing the whole thing.

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jon: right now las vegas police releasing dramatic video of a routine traffic stop that turned into a deadly shootout. they say it all started when an officer pulled over the man seen here for a broken taillight. officials say the suspect was agitated. the the video shows the officer attempting to deescalate the situation, but then the suspect admits he has a rifle inside his car. >> i'm going to shoot myself. >> do you have a gun? stop, stop! no no! 413, he's got a gun, he's got a gun! >> the bullet hankfully, only

grazed that officer on the neck. a third officer made his way around the passenger side of vehicle and fatally shot the suspect. jenna: well police asking for the public's help today and revealing some new informing in their effort to identify the body of a little girl. she's being referred to as baby doe, and she was found in a trash bag along the boston harbor. she was about 4 years old and police now say it doesn't appear she washed ashore because of the condition of the body, they think someone actually placed her on the shoreline deliberately. more than 50 million people have viewed this computer-generated image, and police are hoping that someone out there is the key to this mystery. they ask you to call the tipline you're seeing on your screen there. they're afraid other children in baby doe's family could be in danger and they want to know who she is and hopefully, have the proper burial. they want to show her the respect they say that she deserves as such a little child. so we'll keep you posted on that story and bring you the latest

as we get it, sad as it is. jon: some breaking news on the fight against terror. reports out of somalia claiming a u.s. drone strike killed four leaders of al-shabaab. national security correspondent jennifer griffin live at the pentagon with more on that. >> reporter: hi, jon. just days before president obama is scheduled to travel to kenya, somali intelligence officials say a u.s. drone targeted and killed at least one senior commander withal al-shabaab, an al-qaeda-linked group of islamic extremists. the u.s. military has targeted al-shabaab leaders repeatedly in conjunction with the somali government. this drone strike which officials say occurred near bardere, the pentagon would not confirm the strike. we're getting more details we'll come back to you when we have them. jon: we'll be right back with more. it's a fact.

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>> we will see you back in an hour. >> "outnumbered" starts now. >> kirsten powers is back and one lucky guy, charlie gasparino, is here and he is "outnumbered." >> unlucky and "outnumbered." just kidding! >> i was going to say we were gasping for gasparino but forget it after that dig. >> you love it. >> new fall out from the deal critics say they fear will put iran on the path to nuclear weapons. joe biden is meeting with