your body survive that kind of punishment? jenna: we hope he can join us on the show. quite an compliment cowboy. jon: good for him. jenna: we'll go get lunch. jon: see you in an hour. jenna: "outnumbered" starts now. ♪ >> this is "outnumbered." happy monday everyone. i'm sandra smith. here today is andrea tantaros, co-host of "fox & friends" first ainsley earhardt, democratic strategist and fox news contributor julie roginsky. today's #oneluckyguy, fox news senior judicial analyst judge andrew napolitano. welcome to the couch sir. you are outnumbered. >> so happy -- what do you mean i'm outnumbered? >> happy to be, right? >> thrilled, thank you. >> great to have you here. first time on the couch. >> yes. >> it is? >> yes it is. you had me remotely from studio and from d.c. when the supreme

court came down with their nonsense at end of june. >> smartest man. you are able to recite cases. >> simple mind. something gets in there and gets stuck. >> i'm so excited on the couch. very kind to say that. friends at "varney & company" actually made a app of the laugh and gave it away. walking into restaurant on upper west side i hear myself laughing at other side of the restaurant. >> what did they go for? 1.99? >> they couldn't give them away. >> my new ring tone. let's get right to it, judge. two weeks before the first big republican presidential debate. with 11 gop candidates competing to make it on to the debate stage, some new numbers coming out. new poll of republican voters puts donald trump at the top amid of string of controversies. he is leading nationally with 18%. meantime senator ted cruz more than doubled his support in a

month and is now in fourth place. while florida senator marco rubio continues to drop. he is tied now for fifth place. with just 6% nationally. a separate poll out of iowa showing wisconsin governor scott walker in first place at 19% but trump is right behind him at 17%. the real estate magnate is leading a poll out of new hampshire with 21%. hold on. we'll get to trump in just a second. i know judge had strong feelings on this. i want to go to you first on marco rubio. sat here as one lucky guy on the couch couple weeks ago. he was supposed to be the golden boy. the doesn't seem like the american public is reacting to him the same way predictions -- >> i like marco rubio a lot. as you mentioned he has been on this couch. i think he is a rising star, however he missed some really important opportunities as immigration has been thrust to the forefront. he has a bit of vulnerable record because of his support of

the "gang of eight" bill which made him a bit apprehensive to talk about it. i think he miss ad real opportunity. hillary clinton came out a couple weeks ago said republicans were hostile to immigrants. i remember thinking if i were marco rubio i would come out on fire and land that woman as a first generation american and child of immigrants and really take her to task. you know what sandra? he didn't. he miss ad huge opportunity. can he still come back in the polls? absolutely. >> while trump is riding high in the polls judge, i will be quick to point out by no means have republican voters fully decided who will be their candidate. 51% still see the field wide open. his unfavorability ratings sky-high. 59% of all registered voters have unfavorable opinion of trump. >> jury, judge is still out. >> the jury is out. i have to put in disclaimer.

i know him very well. his sister a federal judge in new jersey is a dear friend. i own some real estate one of his management company manages. believe it or not i pay some money that goes to donald trump. i know him professionally and personally. i disagree with him on many issues but i'm thrilled he is in the race. i love the way he is stirring the pot. i love the way he challenges the establishment. i love the way he says exactly what he thinks. if marco rubio said exactly what he thought way andrea suggested he would be higher in the polls. take a lesson from "the donald." >> about how those in the camp julie roginsky falls into should not be taken seriously as presidential candidate? >> i will say this i too am thrilled donald trump is running, probably not for the same reasons you are. donald, stay in there, go all the way baby i'm thrilled. i will say this, to andrea's point the people surging now,

are trumps cruzs took on establishment with mitch mcconnell, people of that ilk. taking it to the establishment there. is some appetite in the republican party for somebody going to do that especially because hillary clinton is the establishment on democratic side. there is appetite for that although not as much in the democratic party why bernie sanders is doing well. marco rubio needs to decide what he is going to do. will he be with establishment eventually somebody of the establishment will get the nomination jeb bush or marco rubio or is he in the very early stage start throwing bombs he needs to throw to get the press he needs to all of sudden to boom a boomlet. i think he is playing it smart, this trump boomlet will end. the person that will make it through iowa, new hampshire florida, which marco rubio desperately needs to win but jeb bush stands in his way will be the nominee. >> will it end? i thought in the beginning people were saying okay, trump is in the race. fun to hear some of his sound

bites because he is so colorful. he doesn't care what anyone increases. his in members are increasing. even after what he said about mccain. >> from your lips to god's ear. >> he has backing from larry ellison and casino mogul, sheldon adelson and the miami car dealer and he has a lot of support. >> donald trump taking wind out of the sails of our home state governor? >> chris christie's worst nightmare, donald trump. remember the boisterous telling us like it is guy, christie has been trumped by donald trump. >> think about it. he is a template he is tapping into the anger that is there. he is showing speak from the heart and tap into the ainge remember in the electorate you can make some gains. i don't know why they're not watching him. >> i guess the big question how is it that there is so much outrage over his recent remarks about john mccain, for

example, that he is not getting hit in the polls for that? >> i think john mccain was a lot less popular with the conservative base than the establishment guessed on. "the donald" either intentionally or inadvertently tapped into that. >> that is an excellent point. very quickly before we move on the cruz surging point, sampling of the poll was 230 very small, margin of error is 5%. one who broke out was trump. i would not call that a cruz surge by any extent. country's law enforcement officer opening up about concerns about isis. new attorney general loretta lynch says the throat of lone terror attacks on soil. she is not only one losing sleep at the thought of isis launching a cyber-terrorist attack. >> concern that isis or any foreign enemies might develop the capacity. that keeps me and many of my law

enforcement colleagues up at night. it is as serious if not more a threat than al qaeda. think i it makes it harder to determine who will suck sum to the -- succumb to the propraganda. the fact it is new to us and we're trying to determine the scope of it does make it very very dangerous. >> this seems to be a crescendo, judge, of this line that people in the administration, including last week fbi director james comey saying they lay awake at night worrying about a cyberattack in isis. >> the president has two consummate professionals in loretta lynch and james comey. i have not hess kateed to criticize the president when he deserved criticism. loretta lynch is will probably call it right down the middle. be interesting to see what happens with hillary clinton emails that is the initial emails. she is afraid. i'm afraid. what should they do. should ns a-listen to everybody

or people whom they reason to suspect they listen to. that is a big mistake that the obama administration and bush administration made was ns a-listen to everybody instead of people there is already evidence. focus on bad people. don't focus on granny. >> this is nodding your head. >> this is my soulmate here today. i agree with you. look loretta lynch's concerns are obviously concerns we all snow. what is scaring me the lone wolf which isis could or not take credit for. they can take credit for whoever they want, certainly they inspire a lot of people over social media. they have tons of followers. and you do have the situation as you saw in tennessee where somebody is either inspired by them or has directly been in contact with them. we don't know yet. and that's what is more terrifying. these are not coming from saudi arabia or egypt than they did on 9/11. these are homegrown people who thanks to social media have been radicalized.

how could loretta lynch or comey or anybody in law enforcement how you stop those people. it is impossible. >> ainsley, think they're both huge threats. we see lone wolf attacks but we keep hearing of a warning after cyberattack. you have james comey testifying that we can't even encrypt some websites has. isn't it just a matter of time? we always talk about what they're doing in washington, d.c. seems like comey and others are asking for help. >> i don't understand why we can't encrypt these messages. if these 24-year-olds are going lone wolf and can encrypt them why can't we encrypt them? that is different issue. the guy in chattanooga can't even say his name because i don't want to give him any glory the individuals at the recruiter center he shot and was a lone wolf attacker and blog he encrypted. these guys are going dark. we can't deserver what they're saying. isis pulls them in people in the united states. get them on the platform.

they go dark and encrypt the meeseages and we don't know what they're saying. >> you mentioned this before, businesses are taking steps to try to protect themselves. stephen hayes was on the network earlier. if isis decides to hit us to do minor damage the way some hackers do. they will want to cause absolute destruction. so are businesses taking this seriously. >> lynch references that they have 20,000 english language twitter followers. that is nothing. there is a lot more than that. just keeping track of it which goes to your point. their tactics are unknown to us. these are brand new terrorist tactic united states is trying to deal with. the root of the problem is lack of leadership in washington, the lack of identifying that our mission here is not working and to stop and identify and identify what is terrorism when we see it. we have an administration who arguably is reluctant to do that

and say the strategy against isis it working and then we can deploy resource. >> i think lack of imagination as well. >> 1000 fbi agents are trying to figures out where the motive was for chattanooga. where is the all the cyber expert. >> where were the glock 45s on the waist of soldiers that god murdered. >> good question. federal judge not this one dealing a blow to president obama to require hundreds of women and children released from horrible conditions. plus, he thought they were just harmless bumper stickers. wait until you hear about the backlash one missouri sheriff has gotten for putting words in god we trust on the back of patrol cars. is this something to get upset

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♪ >> welcome back to "outnumbered." a federal judge dealing a major blow to federal obama's immigration policy ruling that hundreds of illegal immigrant women and children in u.s. holding facilities should be released saying they are being unlawfully detained and calling their living conditions deplorable. the judge writing, quote, the agreement holds defendants to a lower standard, safe and sanitary with respect to the temporary holding cells but defendants have wholly failed to meet even that minimal standard. the agreement mentioned is an 18-year-old court settlement that put restrictions on detention of immigrant children. now the administration has to figure out what to do with 1700 people it is holding in the three facilities around the country. judge, what do you make of this ruling? >> well the president is to blame for this ruling because the very reason these people are here because he stood in front of the congress said i'm not going to enforce the immigration

laws because you won't give me the statute i want. once he sent that signal to latin america and central america, people came over in droves. we had 70,000 minors come across the texas border putting tremendous strain on texas social services. now those who were incarcerated for various reasons being set free. he is the instead of law enforcer is the lawbreaker and cause of all of this. >> you remember it happen ad year ago. 68,000 moms with kids or kids not accompanied by adults. they were told if you come to the border we'll take you in. >> right. >> well, we did that. we put them in facilities deemed deplorable. andrea what does it mean for the president's immigration plan? >> i think this issue is thrust to the forefront not just by president obama but see this issue with republican candidates and news cycle support i had it. we saw murder of catty steinle which brought sanctuary cities

to the forefront. while the president won't acknowledge sanctuary cities or steinle's murder he doubled down, says he plans more executive action on immigration. so far his executive action has hit more snafus more than in this court. >> if i may, the executive action has hit brick walls. lost at federal trials court and federal appeals court in new orleans. president says if you do a b, c, d, here illegally. it is not in statute. federal judge said you took an oath to prevent the laws. he appealed to the federal appeals court they upheld the injunk. very very rare for four federal judges to stay the hand of the president. the president to say i'm signing another executive order to try to get around what these judges told me i can't do. >> what is the best way to handle these, the illegal immigrants and especially the non-violent women and chirp.

>> to elect a president that means what he says or what she says when he says i will faithfully uphold the laws not, i will rewrite the laws which i disagree. >> julie what does it say about the people that came to this country, proper way, legal way. >> i'm one of them but i will say, realities is the reality. tens of millions of people here undocumented i'm thrilled that the court ruled the way they did. they were being held in deplorable conditions. >> yes. >> you have kids fleeing horrible situations in south america and latin america and heartbreaking you're right who are here and held in these detained facilities a though they were rapists. horrible. i for one am thrilled that the courts ruled the way they did. i applaud them and i hope they maintain it. >> does it bother you did it the right way and we just let anyone in the country. >> does it bother me? i was here because i came from a country that had horrible relationship with this one and so we were here as refugees.

complete accident of birth. i don't think people who are here from mexico or other places should be penalized because i was fortunate to be born in country with the political problem with the united states. >> god bless you. >> soviet union. they were letting soviet refugees in. they weren't letting mexican refugees in why am i lucky. i have problems being down on anybody. >> glad you are here. >> thank you. >> new concerns about the nuclear deal with iran as country's supreme leader post as shocking picture on twitter. why president obama is standing by the deal despite iran ramping up its rhetoric. hillary clinton set to testify on capitol hill. live pictures of her speaking in iowa while the department of justice considers investigation into her use of a private email server. will it have an impact on her bid for the white house? ♪

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♪ >> welcome back to

"outnumbered." the united states may have reached a nuclear agreement with iran but it doesn't look like much has changed with the nation's supreme leader. iran's ayatollah khamenei tweeting out a picture we have chosen not to show, that appears to depict a silhouette of president obama pointing a gun to his head. the post, an apparent response to mr. obama's claims that the united states could still use military force if the deal with tehran fails. during a speech in ethiopia today president obama defended this agreement. >> i have not yet heard a factual argument on the other side that holds up to scrutiny. there is a reason why 1999% of the world thinks it is a good deal -- 99%. because it is a good deal. the reason why overwhelming majority of nuclear scientists and non-prolive race experts

think it's a good deal, because it's a good deal. it accomplishes our goal because it make sure that iran does not get a nuclear weapon. >> 99% of the world think this is good deal judge. didn't even have hard time selling selling this to members of his own party. >> i'm not sure where he came up with that number. obviously criticizing people being political and he is being political and in another country and made defense of it. i read this thing. it will put you to sleep. it involves thousands of individual compromises. would i have made each the compromises john kerry did? i don't know, i don't know enough about this. should which give this a try? i think this will end up being defeated by congress. then he will veto the defeat and they're not growing to be able to override the veto and we'll be locked in with this thing. the pressure will be on the successor to deal with it, not him. >> interesting take, julie.

>> that is an interesting take. i actually agree it will be defeated if they get 60 votes. he will override, you're absolutely right about that i thought about this long and hard. because i did not come to this with any predisposed concept whether this is good deal or bad deal but i gave it some thought n 2005, the europeans tried to negotiate with iran and they pulled out. iran went from a few centrifuges to a couple thousand if not more. they're going to keep spinning those centrifuge unless we have a deal. and furthermore, you've got if this deal falls apart china, which wants their oil, russia, which desperately wants to sell military technology to them are immediately going to lift sank shuns. i believe the french foreign minister is on his way to iran to negotiate some sort of financial deal with them next week. we can kill it all we want. the rest of the world is not going to follow. so these people will have lifts of sanctions and no verifiable way to make sure their program doesn't go forward.

what is the alternative. there is no alternative? >> there is. why don't we keep sanctions in place? why do we have to follow what the rest of the world does? i know president obama doesn't feel same way. the reason he is criticizing people because they're not being critical but logical. ambassador john bolton said they already violated deal and has not been inked. he said the supreme leader couple days ago we don't have to acknowledge this deal. we'll likely break it with the united states. >> i agree with you. >> it completely blows all rationale we somehow assume this is a good deal. this allows them not to just get a deal but rubberstamp from the united states of america and strengthens iran by trading with the u.s. and making them stronger and flooding the -- >> from domestic politics why would the president want this. >> why would the president want this? i don't think he he is looking at domestic political agenda. very clear very narrow goal of not having iran develop a

nuclear weapon he believes it is a good deal. is this a good deal if you want to prevent iran from international terrorism? no. >> ayatollah said death to america just recently. if you see the picture of this, it is disgusting. disgraceful. when we're negotiating with this iran and debrissing our president, you may not agree with our president but i don't want president portrayed this matter. whose decision was that not to put this up? was it our producers? congratulations. >> good deal or bad deal will they hold up their indepent of the bargain. >> they already haven't. all right. hillary clinton is set to testify in october before a house committee investigating the benghazi terror attack. she is also expected to answer questions about her use of a private email server during her time as secretary of state. the announcement comes as the department of justice considers

launching a investigation possible mishandling of classified documents. the inspector general from the comptroller congress said some emails contained classified information even though it was not classified then as such. clinton says she is confident that did not send or receive any information that was classified at time. critics like republican presidential candidate rand paul say clinton should have known better. >> she put herself at rick having her schedule sent back and forth on non-classified and non-government server. people that have to protect the secretary of state are put at risk by having her schedule out there. they did this because they're clintons. the clintons think they live above the law. they think they live differently rest of america. this will come back to bite her and already does. >> judge rand paul, he makes a point. do you believe what clinton said

about classified information. >> no. there is no way she could not have known serious on there. i don't know which four emails the inspector general is referring to. but after she said there is nothing classified on them, the inspector general refuted her. i will tell you about two emails i saw which are published anybody can go online and get these. one of them involving mrs. clinton said, chris, going to east libya today. chris chris stevens ambassador we know was assassinated. another debating back and forth the location of french bomber planes over libya in support of nato aircraft. if that stuff is not classified, if that stuff is not so sensitive that it should never have been in a non-secure site, i don't know what is. this is crime for which general petraeus was indicted and pleaded guilty. failure to secure classified information. >> speaking of petraeus, i want to get your thoughts on this too judge. you mentioned doj having an

investigation. you just mentioned the doj having an investigation. is it going to go anywhere? because charles krauthammer has some thoughts on what could happen first before they actually do anything. >> it is entirely irrelevant whether the referral was criminal or not. as ron says, that will be determined by the doj, although i think it'll snow in hell before the doj's going to go after her, that they go after david petraeus for a lot less but not her for obvious reasons. it's a extremely politicized department of justice. >> i agree with charles, and the decision ultimately will be president obama's. he wants her prosecuted she will be prosecuted no matter what defenses she has. if he doesn't want her prosecuted, she will not be prosecuted no matter how much evidence there is. it's entirely up to him and no do to j official is going to pursue her seriously without knowing which way the white house wants to go. >> she is so calculated at everything that she does,

appears to be at least. i mean her entire x number of years has led up to this moment her running for president right? so to have sent this information, classified or not at that moment in time how do you not -- i just, it still just lives with me to this day. how do you not know? i feel like it's written on the walls, what happened here, judge. >> i think she was so afraid of being subject to the freedom of information act that she forgot the serious nature of materials that she was talking about to sid blumenthal, her friend and to her employees and assistants in the department of state. she's not supposed to do that. >> i want to ask yaw about is -- ask you about the server. isn't that the biggest question they should ask her? where did this server disappear to? [laughter] >> that is what i keep saying, if she has nothing to hide, hand over the freaking server. [laughter] >> hand over the what? >> i said "freaking." [laughter] some people think that's bad word too. [laughter] this has actually occurred --

[laughter] >> you don't envision a world where president obama prosecutes hillary clinton. >> no. >> that's not going to happen. >> i don't. but i will say this, and i say this as somebody who actually does want her to win because i subscribe to most of what she says -- >> i still love you. >> thank you. i don't get it. i don't understand why did you do? i don't get why she kept her work e-mails on a personal server. it makes no sense. i actually agree with you guys. >> greater transparency. >> she's hopelessly paranoid. >> she is paranoid about it, but i don't understand why you would do this. my god, it is, to me, such a massive mistake, and this self-inflicted wound that she now -- >> does she gain more ground playing it the way she is, or should she say, i'm sorry, you're right? >> she's playing it politically correctly. the scandals are baked in for her. >> the horror of the isis terror group cans knows no bounds -- groups knows no bounds. that has not stopped one college professor from saying, get this, that the united states is even more brutal than isis.

yep. and she's allowed to teach our kids. that whole story and the backlash up next. ♪ ♪

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♪ ♪ >> welcome back to "outnumbered." another college professor sparking outrage. newly-revealed tweets from a journalism teacher at publicly-funded rutgers university show her describing the u.s. as more brutal than isis. the professor tweeting this: yes isis is brutal but u.s. is more so. 1.3 million killed in iraq, afghanistan and pakistan. hashtag no to war. so she says the u.s. is more brutal an isis the same group that held western and japanese hostages and later beheaded them on video, lined up 21 egyptian christians on a beach and savagely beheaded them and last but not least, burned a jordanian pilot alive not to

mention executing children making them fight and making women sex slaves. why is she here in the united states if she thinks isis is so much better? >> that's a good question that you might want to put to her. i disagree with what she says but will defend to the death her right to say it. she works for a university owned by the government our home state of new jersey, and the government cannot punish or discriminate on the basis of political views. what she says is reprehensible, but the remedy for bad speech, for evil speech, the remedy for hurtful speech is more speech. >> that's great but she's attacking others' free speech. i would never interrupt you judge, but she was the professor who organized and led the fight against having rutgers have condoleezza rice give their commencement -- >> so she obviously doesn't mean what she says. obviously a lot of weaknesses in her argument. but the remedy for this is to attack her verbally, not to undermine her job. >> i agree with everything you just said and it is disgraceful

that condoleezza rice's invitation was pulled by rutgers. i may not agree with her, but i defend her, as you said, to the death her right to have appeared and spoken the same way i would defend this woman, who i disagree with. whether it's government funded or not to, the issue is she has the right to peddle whatever nonsense she wants, she does. >> but to sandra's pointer she doesn't -- point she doesn't have the -- >> well that's the weakness of the rutgers administration. >> this is the bigger point about colleges and universities that are overrun by liberals and selectively pick areas of the constitution, especially free speech. when they agree, it's fine, when they don't they want to bull hi this. bully. i would just say good luck going to teach in afghanistan and making a statement like that. >> we would have a field day. >> see if you really like to teach over there. >> we would have a field day cross-examining her because

basically she's saying free speech for me -- >> she looked at it as a victory to have condoleezza rice silenced and not give that commencement address. in fact she went as far as as to tweet out the day they won the victory, we won. >> she only believes in free speech for herself. >> a lot of people are saying this is a leftist professor that's shoving her leftist views down the -- >> anti-american, anti-israel. >> what if this were opposite? what if it were a republican or conservative that were trying to shove the conservative view -- >> i would hope that the, i would hope that the free speech principles would protect that person. but we're talking about a very liberal university administration that silences people with which it disagrees and unleashes people with whom it agrees. >> that's on robert the president of rutgers. that's on nobody else, for pulling condoleezza rice, and i agree with you on that. >> well you do have the choice where you're going to send your kids to school. a big controversy in a missouri county. the sheriff there putting decals that say "in god we trust" on patrol cars. some saying it's a violation of

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>> more "outnumbered" in just a moment, but first to jon scott with what's coming up on the second hour of "happening now." jon: in that next hour, hillary clinton will be speaking in just a few minutes at an event in iowa. she is facing renewed scrutiny over so-called enthusiasm gap and over e-mails she kept while secretary of state on ooh private e -- on a private e-mail server. there also are some new polls that could give her pause. we'll get into all of it. developing story out of florida where as much as a foot of rain has fallen in some places. it's forcing some evacuations and flooding is expected to cause big problems. janice dean has an update next hour. and a tough day on wall street, the dow down more than 100 points. the chinese stock market fell a massive 8.5% overnight, and that is weighing on markets worldwide. we are watching your money we'll have it all for you "happening now". >> all right, jon we'll be watching. thank you. jon: thanks, sandra. >> a missouri sheriff facing

backlash after putting decals on the back of patrol cars in stone county that simply say quote, in god we trust. it's the national motto, it's printed on all of our money, but people are upset. one man posting on facebook quote: very simple and i'll state for the record i'm not offended that these decals exist. it's inappropriate to have them on government property. no voting required. it's a violation of church and state. you're showing a preference to a religion. how is this such a mystery? the sheriff reacting to the negativity earlier today. watch this. >> i'm mad, because i'm mad this is even an issue. there's, you know, hundreds and hundreds of sheriffs' departments and police departments across this nation, probably thousands, that have in god we trust on the back of their cars, but i've been picked out as the one they want to come after. and that's fine. but where's our patriotism? anytime anybody wants to be patriotic and make a symbol nowadays, they are attacked.

>> okay. so let me tell you what the supreme court -- >> the supreme court has ruled that the phrase "in god we trust" does not violate the first amendment and does not violate the separation of church and state any more than "under god" does in pledge of allegiance to the flag or saying god save the united states and this honorable court. but is it divisive to put this on the back of a police car? >> i would not and i am going to say something that's going to get me so much hate mail, but bring it on. >> say it anyway. >> i'll say it anyway. i don't agree with the court. separation of church and state means don't bring -- if you want to put "in god we trust" on a bumper sticker and put it on your car, great. don't put it on my money don't put it on government property, take it out of the pledge of allegiance -- not because i hate god. >> how do you think they purchased the cruisers, with monopoly money? >> what god gave it to them?

>> no, it says in god we trust. >> you're missing my point. i agree that it's legal. i would prefer that in god we trust not be on our money on government property. i think it is divisive, and i think it's offensive to atheists and other people who might believe in god. >> she's the minority. >> i know, i know to. do you disagree with what i'm saying? >> i disagree with what you're saying because i agree with the court. the phrase has become so passe. i don't think anybody looks at it on their cash or feels offended when they use a dollar bill. >> julie does, apparently. >> i actually do. i know everybody disagrees with me on this, i get it. and by the way it's not because i hate god. >> when you send her hate mail, take my twitter handle off. [laughter] >> should we be concerned with people that have sensibilities like julie's? >> maybe, and then the sheriff can give his officers the choice to put that sticker on the back of their car. if they feel as strongly against it like julie does then don't put it on there. >> they're saying these are

government vehicles though. >> the majority of americans, 77%, believe in some sort of god. the majority are christians. you have 23%, this is according to pew research, they surveyed 35,000 people last year. 23% are atheists or agnostic and the majority should win in this case. also if you don't believe in god, here's my thought, if you don't believe in god, why do you get so fended by the word god? because -- >> first of all let me start by saying i do believe in god so, again, i don't want to hear it from everybody. [laughter] >> but you're ready to. >> but i'm ready to anyway. i do want to say it is because we protect the rights of the minority. listen, we have separation -- >> what about the majority? tired of protecting the minority. what about the rest of the country? >> great. ainsley, put it on your car. i don't have a problem with you putting it on your car. i do have a problem with government taking religion on in its public domain. >> if the supreme court rules -- >> i disagree with the court. the same way i disagree with having a cross on city hall

property or anything else. >> the court has ruled the other way on that. >> if you don't get arrested or do anything bad you woapt even have to look -- >> sho cool when she gets mad. >> i love that. [laughter] >> tyranny of the minority. >> got to defend -- >> all right. southern firecracker over here. a stroller ad sparking lots of outrage because it features this hot, bikini-clad model who is also a mom, by the way. is this ad out of line, and are people getting really upset over nothing? >> did you buy your stroller? [laughter] ♪ ♪ real cheese people know how to pack uber flavor into ultra thin. sargento ultra thin slices the same taste just thinner and 45 calories a slice. that's 45 reasons to layer, fold mix, match beg, stack sneak, peek, tease taunt, like, love. because

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♪ everyone can shop, but members get more with reviews, live customer support, and better pricing. join today. ♪ ♪ >> you believe an innocent ad like that could be sparking outrage? well, it is amongst some moms. the advertisement posted on bugaboo's facebook page features this very fit bikini-clad model running with a stroller with a caption that says, "see how model and mum stays fit and healthy with the bugaboo runner." there's also a link to an interview with the model about how she stays in shape. the picture sparked lots of comments with one person sarcastically writing, so that's what i've been doing wrong, i

need to jog with my baby in a bugaboo to get my beach body back. [laughter] all right. this one i'm not going to you first on, judge. i will go to the one with child on the couch. does this spark any outrage for you ainsley? >> pressure's on. >> it's actually motivation for me. i want to look like her. you know, i don't think i'll ever be that skinny. i liked what one lady said, i hope she's running to mcdonald's, because she needs a cheeseburger. [laughter] >> so i guess the criticism, julie, is that you can't possibly look like this after you have a baby? >> i've got to say, the best shape i was ever in was after i had my baby, because i've never been so motivated to lose weight. to each their own. i don't like people criticizing women who, you know there's a celebrity culture that you pop out a baby and go back to a size 2, and the reality is, no you don't. i think it's really cruel but i think for others this is

inspiration. i have no problem with it. bugaboos are extremely overpriced, however, i would not recommend -- >> i've got to ask you, sandra, because you have giving birth shocking, news to everybody to two children, yes and you are a runner. and so how do you feel about this ad? you got your body back, and i know you worked really hard at it. >> i love it, and thank you andrea that's very sweet. baby's only six months old but i love it because i think it's inspirational, ames lee and i think it tells moms you can get back into shape. i don't know if this model is a mother or had her own children. i have no idea, and i don't care. it's all about aspiration, right? and i think all women want to look better after they have a baby. >> i love the ad because it helps sell the product. >> there you go. >> you have to remember, too she's a supermodel. not all of us are going to look like that. i know i won't, but that's okay. i have my own strengths. >> yes you do. >> a lot of women work hard to look good after baby, and they get criticized.

i so i think people are going to hate. >> i have my double child running stroller -- >> thank for having me on today, guys. >> thank you, judge. >> outnumbered overtime, ten more minutes of judge. "happening now" starts now. jenna: we start with a fox news alert major flooding forcing people from their homes after almost a foot of rain in florida. jon: and the severe weather threat is not limited to the sunshine state. conditions are ripe for the central u.s. to to see damaging storms later today. we're covering all the news "happening now." >> easiest way to get people out is by helicopter. jon: massive wildfires putting lives and homes in danger out west. >> whichever way it goes people are going to lose. jon: high winds hampering the work of firefighters. is there any end in sight? plus -- >> unfortunately,. [inaudible] >> a deadly shark attack as a man is dragged underwater never