eastern. "happening now" will begin shortly after this now. >> a fox news alert. from the final frontier. nasa announced a blockbuster buster in a new world like earth. >> it is around a far off sun that might sustain life. we are covering all of the news "happening now". >> they should have the tools that we are allowed to have as american citizens. >> concerned citizens after a murderous rampage in chattanooga. this is as more states change their guidelines about the servicemen and women arming themselves on u.s. soil. >> close enough. i want to get out of here. >> a rainfalling wildfires forces people and animals to get out. they are battling the flames. >> and we are going down here. >> we told you yesterday about

a coast guard petty officer who are trying to save four fishermen one at a time. >> coast guard, coast guard, we are taking on water. >> meet the hero who dropped from the sky. it is all "happening now". >> a lot of good news to get to. a warning from presidential candidate donald trump to fellow republicans. welcome to "happening now". he told the republican national committee to play nice. trump was asked about a possibility of a third party run. his answer the rnc hasn't been supportive. they were supportive when i was a contributor. i was a fair haired boy. i will have to so how i'm treated by the republicans, absolutely if they're not fair that would be a factor.

chris it sounds like a veiled threat. >> i don't think it is vailed. it is a chlor threat. there is real tension between%(x1 the republican national committee and donald trump. back when he was starting to take shots at a number of the candidates ahead of the rnc, called him up. and according to priebus and tone it down and don't go after the competitor. trump said that was not the gist of the conversation. but after trump took shots at john mccain. the rnc put out a statement basically without mentioning trump's name saying it is over the line. there is tension there. does trump really mean it and might run as a third party candidate or trying to work and trying to get them to favor in the course of this campaign.

as a republican candidate. i will say this if you are the rnc or one of the other candidates or 16 candidates who are running, the idea of a trump third party candidacy has to be a big concern. if he picks up his marbles and run, he would take more votes from the republican nominee turns out to be that he would from hillary clinton as we saw in 1992, with ross perot who got 19 percent of the vote. that's the difference between george. bush getting elected or bill clinton getting elected. that could be the difference for a republican candidate winning next w8qz@year. >> he was pledging to stop the intraparty firing skwal squad that happen among the gop candidates and in 2012 as well. he doesn't want a situation

where the candidates are tearing each other apart. how does he get donald trump to back off? >> i don't know that he can, honestly. his people said they made one phone call directly to trump to make that argument. and the concern obviously is and trump has been going around. arguing whether he is right or wrong. he talked about jeb bush is a loser and rick perry should check his iq and how pathetic lindsay graham is and on and on. who ever wins the nomination will be damaged just as they were in 2008 and especially in 2012 with mitt rom no and that will rurt them running against hillary clinton. and that is to the intr interest of the party who ever the nominee j@spñincluding donald trump that the republicans don't end up beating each other up so

much. it is ending up damaged goods. >> and trump said to the hill. the group does whatever it is supposed to do. i will do what is right for the country and not special interest groups and not the lobbyist and the donor. he is a significant donor. and last time he donated more that democrat candidates than to republicans. how loyal of a republican is he? >> a lot. just the insults, some of that is going to stick. we saw that with the shots that various republican candidates took with mitt romney. the original attacks about bane capitol and he was firing people and concerned about maximizing profits. it came from newt gingrich and republicans. and republican violence can do a lot of harm.

in addition he is in the party, but he's raising the possibility. he's been asked this repeatedly and he will not close the door to a third party independent candidacy. that would be damaging and there is no question that trump would take more votes from the republicans side of the aisle than he would from the democratic side of the aisle. the point is trump said i am not part of the game or old by's he can do that and say that without trashing his fellow republican candidates. i understand it is part of the appeal and why we cover him so much because it makes news when he flips out lindsay graham's phone number. you can advance your own cause without diminishing the people on the stage two weeks from today in cleveland for the first debate that will be on fox news. >> fascinating to watch your

show this weekend. chris wallace, thank you. on fox news sunday chris will be joined by kentucky senator and rand paul. they will discuss 2016. and carle if iorina will be on the program to discuss the fallout from the planned parent hood video. check yourssé% >> and on the democratic side. hillary clinton isóa y in the state of south carolina and there to outline her economic vision for the xountry and the plan to boost mitted class income in the mostly blue collar state. >> she plans to deal with the stagnant wages and she's got strong challenges from senator bernie sanders and new polls that she is trailing the

republicans in key battle battleground. she is talking tough about wall street but the republicans know she is raising campaign money and clinton pushing the profit- sharing plan. and they are planning the gains back in worker's pockets, listen. >> trickle down economics doesn't work. it was one of the worst ideas of the 1980s. and it was right up there with new coats and shoulder pad exercise big hair. and i lived through that. we have the photographs and we are not going back there. and i am laying out an agenda of how we raise incomes for hard- working americans. >> republicans responded that a plan could back fire. if a company doesn't do well they could say they could cut wages. the republicans 2bg taking aim at her plan. hillary clinton's gimmicky proposal would raise tax its and

leave more americans exposed to a recession with top economyist that said her ideas are too risky or ineffective. it is clear that hillary clinton's doesn't have solutions for wages. hillary clinton is planning a big speech in new york city tomorrow and propose raising the capitol gain's taxes. we don't have photographic evidence of you having big hair and shoulder pads. >> we don't make those choices. >> i bet there are photos. >> jon is raising a finger like an investigation. >> reporter: jon may have evidence. >> or he may have worn shoulder pads. >> the white house is threatening to veto a bill aimed cracking down on safrpthuary

cities. it would help shield the illegal immigrants. the administration said the bill undermines the efforts to focus on the dangerous convicted criminals. all of this comes as an illegal immigrant with a rap sheet is charged with shooting a woman in san francisco. kristin fisher is live from the white house. what is the bill intended to do? >> this bill is all about punishing the sanctuary city. any city that refuses to comply with federal immigration laws will lose federal funding from some grants. it was brought about by the murder of the young woman kate stienle. the white house said it would not fix broken immigration laws. and a hearing on capitol hill

speaker boehner urged the white house to back the bill. >> i call on the obama administration to follow suit and stop covering up the sanctuary cities and enforce the laws that are there to protect the american people. >> when they raise concerns about how effectively our immigration system is working to keep the cities safe. they have no one to blame but themselves. >> a vote is expected today. >> the white house said it is in the final stages of closing guantanamo bay prison. >vje idea what that is involves. >> reporter: basically what it is for the obama administration. transferring the detainees to countries that will accept them and continuing to prosecute the detainees that can be prosecuted. the details are still being

ironed out as they have for most of the obama administration. >> it has been something that our national security officials have been working on for quite sometime. and primarily it is it a property of the president. he believes it is in our national security interest to close guantanamo bay. >> reporter: when that plan is ready it will be submitted to congress for review. >> indications from congress they are not happy about it as well. kristin fisher are at the white house thank you. >> speaking of congress on capitol hill right now. the senate foreign relations committee is continuing a hearing that involved questioning the iran nuclear deal team led by secretary kerry who is looking inquisitive there and wonder aring what he's asked at this moment. we have brand new sound. and a lot of back and forth

about the sanctions and it was never part of the deal secretary kerry said. he is happen with the inspections as they exist. you have high level officials from obama administration defending the deal. there is a 60 day review of the land mark agreement. and a question of whether or not the white house will get the support of congress. and we'll have brand new sound from that. and a deadly rampage in chattanooga prompting civilians taking matters in their own hands. and if donald trump decides to run as a third party candidate, would you vote for him as a third party candidate? go to fox news.com/"happening now" to join the conversation. active high protein. 16 grams of protein and 23 vitamins and minerals. ensure. take life in.

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to authorize arms in response to the massacre in chattanooga in tennessee. civilians are taking action? >> some of them setting up in recruiting centers and ready to take matters in their own hands. it is said they can't protect themselves. >> we trust them and they come home and can't have a sidearm? that makes no sense. >> we have more on this, johnathon>> reporter: since the chattanooga shooting 14 states authorized national guardsmen to carry weapons while on duty. california is among those states and now arizona, to.

the governor signing an order specifically designed to make soft targets a little harder. we are going to go ahead and provide the people who have the ability to carry a weapon into work. >> reporter: the issue was raised in the senate hearing today. >> and the recruiters have been armed to you think that things would have been different? >> sir, i don't know. >> reporter: and civilians are also taking up arms to protect military recruitment d john dean of texas is one man who is proud to be locked and loaded. >> i mean the jihadis are bragging about doing it and will

do it again. the only thing that stops a bad guy with a gun and a good guy with a gun. >> reporter: officials say they appreciate the motives of the armed citizens but quick to point out they don't support vigilante justice and said law enforcement actions are best left to law enforcement personnel. >> thank you. >> architects of the iranian nuclear agreement taking on the congressional hot seat today as the white house is trying to stress. and our next guest has a few of his own. you are watching jack l. ew testifying in front of the senate foreign relations committee and skeptical questions from the senators directed toward lew and secretary of state john kerry.

>> plus an amazing rescue after a ship runs aground. we talk to the hero who swim a mile in freezing seas with four lives in a balance. >> we are going down here and it is calm down here. but i gotta get in my survival suit. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. those who have served our nation. have earned the very best service in return. ♪ usaa. we know what it means to serve.

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mornings. wonderful, crazy mornings. we figure you probably don't have time to wait on hold. that's why at xfinity we're hard at work building new apps like this one that lets you choose a time for us to call you. so instead of waiting on hold, we'll call you when things are just as wonderful... [phone rings] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. >> right now nasa is announcing a blockbuster discovery in earth like planet. kepler. it is a bigger older cousin to earth and in a far off sun- like

star that might sustain life. the $600 million kepler said nearby planets resembling mother earth. >> that gives perspective for the rest of the day. we'll turn back to capitol hill. >> and secretary of state john kerry receiving questions from law makers. that hearing as you can see is under way before the senate foreign relations committee. z!- and they are trying to persuade congress that the agreement is a good one. >> no one has a plan that is articulated or reasonable as to how you are going to strengthen this or do something more when the supreme leader of iran and others believe they signed an agreement with the world. and the rest of the world thinks

it is a good agreement. if you think the ayatollah is coming back to negotiate with the american that is fantasy. we'll have proven we are not trustworthy. we have 535 secretary of states of state and you can't deal with anybody. >> secretary of state responding to marco rubio. and the next guests has questions of his own that he would like to ask the group. peter fellows and former secretary of defense. and peter, it is nice to have you on the program. we'll play the sound from the hearing so the viewers have an idea. we wanted the first sound from secretary kerry. we heard it from the british ambassador to the united states. that he would be discouraged if law makers reject the deal. we are not alone in it. we made the deal to other countries and that is a huge blow to other countries we

consider our friends. what do you think of that agreement? >> i think it would have been appropriate as the president agreed to go to congress with the deal first. that legislation was signed that the president would allow congress 30- 60 days to review this before they took it to the unite the nations. make no mistake. it was an agreement not between britain and iran and russia and iran. it was really an agreement between united states and iran. it was not the other foreign ministers, it was john kerry, our secretary of state. don't make a mistake that it was between the world and iran. it was really between the united states and iran. and i think i understand the british officials position. but the fact of the matter is it was a u.s./iran agreement. >> we are learning more about what was going on in the room.

who backed out and that will come to light in the next several months we expect. this having to do with again, the agreement is not passed by law makers let's take a listen. >> if this agreement is not meeting congress' approval and the sanctions are gone and iran goes back to >[prxenriching, you can hear the cry right now. what are we going to do about it. here is the prime minister of israel calling us up. time to bomb. >> if law makers don't get behind the deal and things fall apart it would be a military option, is that it? >> of course not. the sanctions are not off yet. it will not be off until implementation day. that is when iran does certain

things. the sanctions could stay on. other members of congress wanted more sanctions on iran and go after the international it was a false narrative when the administration said war or this. that is not the case. we could put more sanctions on iran and make it more difficult and in concert that oil and national gas prices are historic lows and we could have got a better deal. we'll not do that now, because the deal is presented to us. and what secretary kerry is doing ÷nutransferring the ramifications to the congress and giving them a deal saying you have to pass it or it is the apocalyptic. >> and secretary kerry insigneeated that the deal changed the course of historym73 and the critics are saying that as well. because the deal is in place, it

puts us in a position that we can't back out or reverse from. that we are locked in to it in many ways is that true, peter? how do you see it? >> that is an interesting point and i am not sure what they had that in mind. it is historic agreement because part of history. but i look back to the history of the korea agreement that the clinton administration put together with pyongyang. we found out eight years ago, that north korea had been cheating. we have seen this movie before. it may be historic but doesn't meet our national security needs and that is my concern because of the flaws of the agreement. >> this is not a sound from today but it is important, because it is from the outgoing army chief of staff and there is no military representatives

testifying today. that is not what this hearing is about. but this is important. siú >> iran is continuing to do activities in the middle east and they will continue. we will not have great relationships with iran. we have to be very careful and can't be naive. >> that was to jennifer griffin in an exclusive interview. we can't be naive. what does it put for our military and unteleigence services. >> it is a very difficult position. it is not president richard nixon going to china. iran will be a major problem for the united states. whether terrorism or iraq syria or taliban, and any number of issues, innercontinental ballistics missile. we will put money in their pockets if the sanctions are

lifted. and they will be in the banking system and international economy and that will make them wealthy as they get back on selling oil and natural gas. i think we will have a bigger problem with iran. the containment strategy is gone. >> i encourage the viewers to read your latest article because it highlights the details of the deal that are tough to glean while we are reading it. we appreciate your thoughts and enjoy having you on. >> thank you. >> a coast guard swimmer jumping in choppy waters and saved four lives because of his daring move. we'll talk to him about the amazing rescue. 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. across america people, like basketball hall of famer

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kind of like shopping hungry equals overshopping. >> are you ready for an incredible rescue story? i know i am. this is a good one. some are calling it a monumental rescue. it started,$gsy with an emergency call to the coast guard. the crew had run aground near oregon and lost power. >> coast guard, coast guard, we are taking on water. >> that's not the call you want to make. when the coast guard arrived, one officer had to jump into action. darren swam a mile in fridgeit choppy waters and rescued each fisherman one at a time. we are seeing the video of the

rescue. he joins me on on the phone. you are going to have to walk us through. it we see the dark grainy video of the rescue. talk us through it. as you fly and see from the helicopter this boat what is the plan? how do you23 men. >> until we get on the scene, we don't know what we are getting into. we talked about it once we got there and best option was putting me down. the weather was bad and the pilots were fighting the down draft and they did an amazing job putting me in the air and bringing them to the beach was the best option. >> why was that? >> we talked about bringing them out and hoisting them. but because of how bad the weather was, it was not the safest option. and paramedics and fire and

rescue were on the beach and we talked about me just swimming them there. and we ended up going with that and it worked out. >> how did you tell the fishermen. we are going to swim to shore? >> that is what we told them. i asked them how far it was, and that's what we are doing and asked who wanted to go first. and how did you do it. did you drag them or did they swim to shore? >> i buddied toued them. and they teach us at our school. and yeah it was training took over. and we didn't expect something like this but we are prepared for it. >> what is going through your mind as you take the first one in and have to swim back to the second one and know four of them that you have to help? >> yeah. i mean to be honest i was glad

my legs were okay that day. they were smoked when i was done. >> how long were you in the water and what was the temperature of the water. >> it went fast for me the whole ordeal. i was told by the pilots 45 minutes i was in the water with the survivors until i got the last one out. >> that is a silly question but a personal one. it looks dark out there and i don't like the idea of swimming places where i can't so the bottom. i hate to use the word squared, but was it unnerving? >> sorry, can you[ again? >> were you nervous? >> no once i got in the water i was pretty calm. just training takes over. and focused and all i thought about was getting the guys to shore. and i was kind of if glad to get

in the water and being in a helicopter is nerve wracking. >> the helicopter pilots did an amazing job. they are often the folks we don't talk about but they do an incredible job. i was struck by something in your past. you wanted to join the coast guard and you were training really, really hard. and you had a near death experience that really put this rescue and your come back from that into perspective. tell our viewers a little bit about that? n;ip yeah after hurricane katrina, that was seeing the aviation side and the rescue side of the coast guard and that was my push to do what i am doing now. and i swam my whole life and surfed and i was going to train and you know i thought i was immortal when i was younger and i held my breath too long and

had a shallow water blackout is what it is called and yeah it was an experience. and i took the positive side of it. and you know it fuelled me to achieve my dreams. >> you were in a coma five days and people have to understand that is a serious injury and now people called you a hero. what did the fisherman say to you when they are all on shore. >> they were glad to see us and when we got to shore was able to spend time with them. the helicopter had to leave me on scene and we had laughs and they were thankful and glad to be on shore, yeah. >> i am sure they will be best friends for a long long time. petty officer harity we are glad you were able to respond. i know you guys do a lot of good

work and thank you, and thank your team and we wish you the best of luck. thank you. >> thank you. >> great story. a strange legal twist in a case of a teacher having sex with a student. they are now married. can prosecutors move forward in this case? any idea where the sea food in the grocery store comes from? now there is an app for that. what it is finding may surprise you.

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cold case? the investigators pulled a mud- filled car out of the lake. who did it belong to? all that and more when you join me in the top of the hour. >> we have a recall to call. a supplier of sea food used in sushi recalling tuna products because of salmonella. it was processed in indonessia and solid to companies in the u.s. inspectors found the salmonella and two people got sick from eating the bad sushi. >> the recall begs the question. do you know where seafood came from. and most sea authority food eaten in the united states comes from another country and douglas kennedy is talking to a researcher who thinks you should know where the fish came from. >> reporter: 20 percent of the

sea food is caught illegally someplace else. that is a fact some fishermen want you to know. robert oldwen is a second generation fishermen off the maine coast. one of the protected fisher aries in the world. now the regulations make your catch healthy and strong and you end up competing with fishermen who are not regulated. >> it is a free-for-all in other countries. we have a vast resource outside. why buy from another country. >> 90 percent of the seafood consumed from the united states. is from another country. you can't tell if it is local or caught in china. you want consumers to know? >> yes, i like the country of origin and right down to who

caught it. >> technology is critical. >> that's why jan is working on a boat to plate traceability tool for all of maine's fishermen. >> this is a smart phone application that lets the consumers know who caught the fish? >> we want people to buy products from a fishermen who is doing great things. >> this is from the gulf of main research institute. and many fishing boats having electronic monitoring system and details logs of what and how they harvested. >> it is just getting information that exist to the consumer with a bar code? >> yes, our job is to make it accessible for the consumer to see it. >> we bring it in on the boat

and goes to the restaurant or supermarket. >> when it goes to the restaurant or supermarket, people should know how fresh it is. that's it from here back to you. >> douglas, thank you. >> a high school math teacher accused of having sex with one of his students is now married to her. it is it a bizarre turn and makes it difficult for the prosecutors to prosecute him. our legal panel takes up the case next. i tried tylenol but it was 6 pills a day. with aleve it's just two pills, all day. now i'm back! aleve. all day strong.

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here is a very strange case. prosecutors in alabama may face an uphill battle in trying to convict a former teacher of having sex with a student. matt wester is his name. he's now married to that student, former student, amy cox. the marriage grants cox spousal

privilege which under alabama law could exempt her from testifying against her husband. suspicion first raised about the inappropriate relationship last november when rumors reached their school principal. she told police and two months later a grand jury indicted wester. he immediately divorced his wife of 17 years. it was final in april. then married cox last month. the district attorney says she plans to continue to pursue the case but does she still have a shot at landing a conviction? let's bring in former prosecutor keisha heaven criminal defense attorney eric guster to join us to talk about that case. how do you prosecute a guy for an inappropriate relationship with one of his students when he's now married to that student and she doesn't have to testify against him? >> one of the things i would like to point out is that most criminal trials are based on

circumstantial evidence. it's very rare that you have direct evidence. if you have that there would probably be not as many trials. in this case there had to be some form of evidence in order to get an indictment. yes, they're easy to get but there had to be some statements or something of that nature. even without this testimony of the now wife i think a prosecution would still be successful -- >> doesn't that become hearsay? if one of her friends says oh she said she slept with him? >> they may have seen them out in the mall. they may have heard things or seen things for themselves and then also the fact that he married this student as soon as she turned 18 that's circumstantial evidence in and of itself to say there must have been some pre-existing inappropriate relationship between these 37-year-old teacher and 18-year-old student. >> maybe there was, eric but how do they prove it? >> it's going to be tough. you know the world is going to hell with gasoline drawers on when teachers are sleeping with students and marrying them so they won't testify. this is an ongoing problem we've

seen in alabama and other states and we have to look at this situation and start being proactive and prosecuting these people. it's going to be tough to get a prosecution because of spousal privilege without that direct evidence because people want direct evidence of the inappropriate sexual contact of this teacher and this student in order to get a conviction. and just like what kisha said there are ways to get around that but it's going to be tough, especially in this jurisdiction which is only ten miles from my house. pretty scary. >> you know something about how they prosecute this. >> john i disagree because even in a lot of sexual assault cases, a lot of times the victims do not testify, especially if they're minors or if the victim is -- or consented to this inappropriate relationship. they may not testify truthfully although they're under oath. in most of these cases you don't always have the direct testimony of the victim. >> but they've got to have something strong stronger than just speculation to get that type of conviction because although her friends heard about

it and the teachers heard about it but they don't have anything strong to say this teacher was having sex with this student like a pregnancy that has occurred -- >> but keep in mind inappropriate sexual contact can be kissing. so it doesn't necessarily have to be sex or intercourse. >> that's true. >> mr. defense attorney let me ask you about this. according to alabama law, which you know well spouses enjoy testimonial privilege about confidential communications during the marriage. now, the fact that these events obviously took place before they were married, could a judge compel her to testify about stuff that happened before? >> but even if a judge tried to compel someone to testify, it's hard to have a witness on the stand who does not want to be there, whether they want to drop charges or whether they just don't want to cooperate because they're afraid. this is this man's spouse at this point and the spousal privilege is not built -- it was not designed to protect someone in this situation at all. this is just one of those

situations where a person decides to marry someone and hopes they won't be required to testify, but a judge in this case they can compel her to testify, but she's going to be a horrible witness and it's hard to get around that. >> we'll see what happens with the matthew wester case. we will let our viewers know. eric guster kisha hebbon thank you. >> also happening now, it continues in front of the senate foreign relations committee. the testimony by some key members of the administration trying to defend and argue in favor for the iran nuclear deal. there's the secretary of energy answering questions that have now gone on for nearly four hours now. we'll keep you posted on news out of capitol hill and we'll be right back with more "happening now."

time for the final 30. check out the annual robo cup games in china. australia takes home the top prize. when you think maine, you probably think fresh lobster. now you can drink it. a company in maine a offering a

beer brewed with lobster and sea sal. i'm not a beer drinker but -- >> a little lobster brine in the brew. that sounds good to me. >> you're for it? >> thanks for joining us. >> jamie is in with "the real story." that starts now. >> thanks guys so much. we'll start with the fox news alert because the donald has landed. presidential candidate donald trump is now in laredo texas planning to tour the u.s./mexico border. i'm jamie colby in for gretchen today and it's a jam-packed day for all the candidates on the campaign trail but we're waiting for trump to exit the plane. meanwhile, wisconsin governor scott walker is in california. karly fiorina is making stops in iowa. former florida governor jeb bush meeting with voters across new hampshire. senator ted cruz attending a rally near the white house. and donald trump visiting the southern border in laredo texas. mike emanuel has much more for