>> thanks for being here. we are back on line. fox news.com/overtime. now, "happening now". >> and the fox news alert. gunfire outside of a mississippi courthouse. as a defendant in a criminal trial is shot and killed and a suspect is taken into custody. it is all "happening now". >> the white house ready to go on the offensive as a cyber war escalates and a massive cyber breach blamed on china. >> what goes up must come down. and not when it comes to oil price ands air fares. when will falling fuel prices lower the price of your ticket. >> and a harrowing ordeal at sea. >> he was standing on the back

end of the boat. and he went over board. >> a man forced to tread water for hours without a life preserver after falling overboard. it is all "happening now". >> and we begin our second hour with the race for the white house. hillary clinton launches new tv ads and new competition may be in the competition. i am jon scott. >> i am jenna lee. those campaign ads hit nothing new hampshire and iowa. two, long- term confidants of joe biden have been brought on as advisors fuelling the speculation he may be running for president. >> what is interesting,

democrats close to hillary clinton have been delighting for weeks or months now about the crowded republican field and divisions and back and forth. hillary clinton may have been having a civil war of her own after joe biden gives her a strong challenge. the vice-president brought on long- term political advisors that could be helpful if he takes the plunge. the grassroots movement is brought on a long- time advisor to beau biden. he reported on his deathbed, beau biden urged his father to get in it the race. there is a possibility of raising money. hillary clinton's camp is not worried although it is interesting the timing, they are

rolling out her first tv ads, watch this. >> the secretary of state joined the cabinet of the man who defeated her. because when your president calls you serve. and now a new title grandma. >> i believe when families are strong america is strong. >> she doesn't list accomplishments as secretary of state and notes as an outreach she was a good soldier and worked as secretary of state. and over in the white house top aids like josh ernest. it could be good spirited race and good for the democratic parrott. >> when president obama and selected senator biden as his running mate said it was the smartest decision he made. >> his advisors mentioning the tv ads and 1 million spent in

each state and starting on tuesday. they are talking about how it is reintroducing hillary clinton to the voters. we heard it many times and yet her poll numbers on being honest and trustworthy as under water. nany reportable details on when biden will make the decision and enter the race? >> the best i have gotten from people close to the vice-president, they anticipate he will take a vacation in august. and in the end of august we'll know one way or the other both because of the summer break and labor day is a traditional kick off when they collect that money. hillary clinton has a lot in the bank and the vice-president doesn't. >> good to see you. >> turning to the republican

side. the battle for the nomination is ramping up. candidates on the stage and boost approximate their stand nothing a crowded field. karl rove is former chief advisor to george w. bush and a fox news contributor. one writer said the last three republican contest involved a front runner and then the rest of the fieldg to catch up. mitt romney would have played that role and he won the nomination. if so, dow agree and how different is it this time. >> i would say the last race romney versus the field was clear with one sustained front runner. herman cain. and sanatorium and huckabee led at one point. at one point huckabee and donald trump were tied for the lead. i think it is different.

is this race different than any others? absolutely. we don't have a clear front runner. we have leads. but not the big margin and people that are following behind. you go back to 1976 and the democratic bid for presidency to find a field as crowded and in which the front runner and person in first place had a small share of the vote. >> john described this as a demolition derby. you know that one car crosses the finish line first but usually all of them are battered; is that a danger here? >> it is a danger. we don't know if it is going to happen or not. the more people in the contest, the more likely it is you have people getting desperate and throwing hail mary passes and when they throw hail mary

passes, it involves saying something bad about someone else. we have a long way to go. there are moments of ugliness and nothing of permanent damage and it is a real possibility. >> who has the most to lose come debate night? >> first of all, keep this in mind, it is not a debate per se. it is like ten new's conferences. we don't know how the fox moderators will handle. it if they use someone's name and makes an attackel that respond. everybody has a lot to gain or lose. if you make a mistake and make an unfair attack you could lose. but everybody has something to gain and big challenges. everybody faces the same thing. you have to come out of the debate with 2 or 3 viewers and

what are you and your campaign about. and have you said things in a way where people believe that and they develop a relationship with you. and you need an impression that we being so them in the oval office as the commander in chief and chief executive for the next four years. it will not get it down all night, but they will either make progress or not, depending on their performance. >> trump is on top of the polls, will he be there a week from now? >> unless there is a huge disaster for him that night, these things have incremental affects. most people are are not heavily invested in a particular candidate and not paying as much attention as in december,

january or february. yeah, my suspicion is he will, unless he does something dramatic. this contest is seeing front runners who benefit from something they are done. scott walker moved in the front runner position and dwindled back behind. trump's having his. my sense is he has a hot floor relative to the competition and he has a low ceiling. when you have two out of throw republicans don't anticipate seeing him as president as the united states and worst unfavorable ratio of any candidate and lower favorables than anyone tested with the exception of carli foriana and the reason for her being that low 38 percent of the people didn't know who she was and.

>> and we are about 80 hours away from the fire math. >> i am worried about you jon if you you know how many hours until it begins. i will do what i can to help you. >> it is one of my problems, thank you, carl very much. >> thursday night is debate night. it will be the first republican race, live from clef land. coverage at 5:00 p.m. eastern. and submit your questions from the candidate by going to facebook.com/foxnews and all of your election news go to your iphone app. >> and the obama administration looking to cut ashon emissions

by the year 2030. the president is laying out his plan in an hour from now. and the critics say the goals are unrealistic and could cost american jobs. >> reporter: this is the most ambitious of the epa regulations and likely face court challenges and that echo the words of senate majority leader mitch mcconnell who wrote about this early version of epan in which he said, the regulation could cost our country a third of a trillion and cause electricity price hikes in every state. being chastised by the supreme court regarding mercury pollution the epa has leeway. it is based on each state's electricity mix.

they will submit their own compliance plan and the epa will grant extension waifers. and even the proponents of the plan admit it will have a neglijible affect worldwide. the u.s. wants to set the standard for other nations to step in line. >> the good news is, by taking the important steps we leverage other countries to take the steps. china has been a terrible polluter and when the president travelled to china in november, the president was willing to compare and linkup steps that we are taking in this country. >> reporter: the final rule is happening four months before the major u.n. policy summit.

200 nations will participate and fall in line for climate change. climate change that skeptics say has been on hiatus for 15 years now. >> we'll see what the president has to say. thank you very much. >> reporter: my pleasure. >> former president jimmy carter underwent surgery for a mass from the liver. former u.s. president jimmy carter underwent an elective poseedure to remove a small mass if his liver. the operation proceeded without issues and prognosis is excellent for a full recovery. we'll wish him well. >> 90 years old. and a massive wildfires growing out west. 20 homes are destroyed. >> we lost two dogs and my

grandparent's house is gone. my mom's house is standing but everything else is gone. >> is there any relief in sight? we'll get you the latest from california. and the chain reaction crash sends a car in to a police officer. and one of the drivers takes off and what bystanders did next. and we'll hear from you on the gop debate. go to "happening now" to join the conversation. (vo) me? i don't just wait for a moment. i watch for the perfect moment. the one nobody else sees. and when i find it- i go for it. (announcer) at scottrade, we share your passion for trading. that's why we give you the edge, with innovative charting and trading features, plus, powerful mobile apps so you're always connected, wherever you are. because at scottrade, our passion is to power yours.

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they were travelling to england on vacation from saudi arabia. the bin laden family is prominent in the saudi construction industry. they disowned the al-qaeda leader before the 9/11 terrorist attacks. >> thousands of homes in a fast- moving wildfires. the fire tripling in size over the weekend. more than 12000 people forced to leave their homes. the fire is rage nothing the northern lake area of san francisco. william has the latest on the fire. >> reporter: jennifer, i will give you the change first. the fire crow from 20 to 40. and now firefighters lost 24 homes and saved many more. conditions are still lousy and temps in the low 90s and there is a light wind off of the ocean

that replaced the shifting winds containment is up and resources are arriving including the national guard c130 that can drop and refill in minutes. and more manpower. and still evacuation continue as 6000 residents are threatened. >> it is all cleared away from the house and they have good access and hopefully they can defend my house. >> reporter: this could be the first year on record. already we are at 6 million and southern california hasn't started. washington and oregon and alaska are getting hammered as hot and dry conditions persist. >> because of the drought, the vegetation is driveway and

burning in an explosive rate. we saw 20000 acres burn in a five hour period. that is a unprecedented spread for a wildfires. and we have several more months of fire season ahead of us. >> weather is improving in northern california. we could see the rain, but that is a double edge sword. thunder storms bring lightning. and they were caused from the electric bolts from the sky. back to you. >> thank you. >> reports indicate that a police officer is injured after a speeding mini-van caused a chain reaction crash. this is in jersey city to be specific. several pedestrians are also hurt and witnesses say the van's driver lost control of the vehicle and hitting another car and blowed in a crowded sidewalk. the driver of the van tried to run away but was quickly caught

by people in the neighborhood. >> the administration reportedly planning to stop china. and what weapons do we have to get back at china. we'll ask our navy commander with experience in the area. and the rescue experience of a man who goes overboard in the darkness of the night. >> the ocean doesn't have a heart and doesn't care about you. you have to do everything you can to be safe. inside that rer for heart health. new bayer pro ultra omega-3 has two times the concentration of epa and dha as the leading omega-3 supplement. new bayer pro ultra omega-3.

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>> a miraculous rescue in stormy waters in new jersey. they are using a cable to hoist the man up in the chopper. he had been treading water for

four hours without a life preserver. the crews said the man beat the odds. >> the fact that he was recovered so quickly last night was truly miraculous. >> it might not felt so quickly to him. the 45-year-old was standing on the back of a boat when a waive hit him. he lost site trying to swim after the boat. >> cyber ware fare was one of america's biggest rival and going to another level. the obama administration is planning to retailiate against china for the hack attack on the office of personnel management. it has affected 20 million americans. that could be higher.

how can the u.s. strike back? our navy commander is chief operating office of go cyber concern. we should mention the new york times report is unsourced. it is sourced but unnamed sourced at this time. the administration hasn't publicly said it was china and what do you make of the wisdom of unnamed senior officials talking about retailiation? >> i have to say good to see you again. the first thing i wouldn't have done is we are going to have a retalitory, over the opm in the new york times and not source it. what this points to is a lafk policy on the cyber security issue and also, strikes me that the administration may be testing the water by floating. this it is not the way to go. >> what is the way to go?

>> look, the administration has 3 or 4 options and there is diplomatic and expelling a spy or diplomat. and there is judicial prosecutions which is really a show boat way through it. and the final way is escalating the cyber security battle with china and i don't know if the administration wants to go down that path given how vulnerable our infrainstruction is proven. i think our viewers, i can see it going both ways. retaliation against someone that harmed you. retaliate. and on the other side. i am not sure, i want more hack attacks to come and i don't want my credit card to stop working and everything else. what is the smart way forward. do we need to call them out or

do something? >> that's the 21.5 million person question here, jenna. and what the united states needs to do and america needs to do is return to a posturance of deterrence. we are not seen with and fear by adveraries. we have seen the burjioning of terrorist groups and russia and china on the cyber battle fold. the united states and administration needs to make a policy and declaration and if you attack us or intf our alloys, we'll come after you and measured and it will be swift, but it will be severe. and right now. >> can you tell us about that, greg? this is something that is unspecific and the defense

secretary commented about retaliation and what do you think we could do that would get checkupa's attention. doing something similar to what they did to us. and hack in the personal records of government officials? >> jenna, look, if we go after them like that, we have to be prepared for it to escalate. i would advise the president to go after the great fire wall and great fire wall with which the chinese control the information for people. and if we drill holes and information rip out television, it will send a chlor message to chinese government and/beijing. we can get to your population. and that is a shot cross the bow that the chinese will not come back on us. they will not admit that it exists. and it is those things and diplomacy and espionage is meant

to be conducted in the back growned and not in the cover of the new york times. >> it is interesting. >> they probably know who you are. >> greg, great to have you on the program again thank you. >> the price of jet fuel tumbling to lowest level. and passengers are still paying high prices for plane tickets, why? ♪

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>> a man is shot right outside of a court houchlts in mississippi north of jackson. the police say the victim was heading to court for a hearing on drug charges. a question about motive and what transpired. we'll keep you posted as we know more. >> several gop presidential candidates making stops in new hampshire ahead of thursday's big debate. and many attending efshgs vents in the granite state. and molly line is keeping tabs on all of that and live in manchester, new hampshire. >> molly. >> reporter: the first in the new hampshire draws presidential hopefuls and many taking advantage of a forum and retail

politicking in the day. we caught up with texas rick perry. he visited with the greater salem chamber of commerce. he talked about job creation and managing the 12th largest economy in the world and later today ohio governor kasich will go. donald trump refused to participate in the forum. and the paper said he decloined he's unlikely to get the paper's endorsement and feels there are too many people on stage to have a proper forum. there will be two dozen cattle call events that are held. and the gop candidates are there. and there are are expected to be 14 people on the stage and so quoit a crew and we'll have the

highlights. jon? >> all right. molly line, in new hampshire. >> foul and oil prices are plummeting but not air fares. and right now the average domestic for september through november is 3.6 percent cheaper than fall of last year. 8.1percent cheaper than in the same time in the same three months in 2013. one of the key reasons they keep fares low. vul as dropped 30 percent. and begin that. the fares should be bigger but we'll not getting it. gary is co-founder of the frequent flyer community. and travel consultant blogger and frequently talk to us about the fares. i would like to read you a quite from the new york times from

a passenger who travelled a lot. as far as he is concerned it is it a rip off. rates haven't come down. is that true, ben? are we all getting ripped off? >> hi, jenna, i think it is not thorough for the most part. it is important to impact the cost of a fare. it is driven by cost and demand and not cost of flying planes. during the recession airlines lost hundreds of millions because the market wont support the fare. now that the economy is recovered a bit, but the airlines can turn a profit. >> i am seeing this theory as well. we are paying less to gas up the cars and we have more money in our pockets and we are more willing to spend more to travel and therefore, we are not getting the benefits of the low fuel prices when it comes to air travel, is that what is going on? >> we'll see the benefit.

fuel prices are low and it takes a while to be more competitive and takes a while to get more aircraft. they are expensive. and 89 million for a jet and gate takes time to get the gates and get the planes in the air. it is sploi and demand. more flights in the sky. we'll see more competition in markets like dallas where southwest ramped up at love field now that it is legal to do so. and in seattle delta going after alaska airlines and in europe, united putting larger planes on the routes out of newark. >> where is the statistics coming from? where are the ticket prices visibly lower if you are traveling domestically?

>> for now, the differences are not huge. we are talking a few percent. it is hard to comparison shop. we'll see great fares this fall and best time to book that is august and labor day is the cut off point between summer and fall- type travel. we'll get great deals for the fall. is that what you are seeing. and we'll get free advice about when to book your travel. book next few weeks for a late fall travel and get good prices? >> that is roughly actually right. >> what you want to do is be 60 or 90 days out for leisure travel and talking about heavy holiday periods and for me is what awe ticket to the destination usually costs and if it is less expensive than that, it is a good time to buy. you will want to wait and not

jump and figure out how current pricing compares to normal and we'll be well positioned to spot a deal. >> gary, before i let you go, last time we were talking about price was airlines and how few carriers are out there because of big carriers dominating the market. what is the latest on the colougz cases. we have impact you have seen as far as the way the carriers are behaving. >> that will take time to play out. it is not going to have any affect on air fares and unlikely to be a specific development and airlines are not significantly raising prices that are falling. and the truth is, that is not a prime driver of airline prices. if you want to see lower fares, what you want is more

competition. and the way you get that is removing barriers that prevent airlines from competing. and open up to have international airlines flying in the u.s. and ryan air flying. more airlines mean cheaper fares. >> and probably a good idea for another segment as well. we appreciate your expertise and encourage our viewers to check out your blogs. >> thank you. >> and airline prices under scrutiny. the department of justice is looking at price collusion among the biggest carriers. and they are the focus of a class action lawsuit over high ticket prices. dot plaintiffs have a case? our legal panel weighs in. when my back pain flared up, we both felt it. i tried tylenol but it was 6 pills a day.

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we have a verdict in phase two of the james holmes massacre trial. we could find out if he gets life in prusson on. feds issuing warnings about drones. this comes as planes came in close contact with drones over the weekend. how can a candidate best appeal to the millennial population in the debate? you will find out in the top of the hour. >> jenna just had an segment on airline pricing. they are facing new legal issues as well. a class action lawsuit filed against the big four airlines. southwest, american, delta and united. the suit accuses the airlines to consphire with each other to keep the prices high. the justice department launched its own investigation.

we'll bring in our former prosecutor and defense attorney and heather hanson is the trial attorney and both familiar faces. do you first, heather, justice department word came out first, it was looking into collusion among the airlines to keep prices propped up and then we get a class action lawsuit. those two have to be related? >> think about it if you are an attorney the justice department does all of the work for you. they created allegations that you can feed off of and there will be discovery that you can work off of. and public, potential jurors hearing all of this and allegations and if you get past the point where motions are thrown out of court, the jury has an understanding that the government is pursuing action against the airlines. >> we have the point. four airlines handle 80 percent

of the domestic air traffic in this country. what is to keep those four airlines from having a buddy, buddy deal and they keep prices higher than they should be. >> that's what the doj will be investigating. in the crux of this. the doj wants to know if the big four are manipulating supply and demand to keep the prices up. doj breathing down their neck ands one way to keep them in check. but if i can take the side of the airline, even though we don't like the food is not free and the seats are small and it costs you a million bucks to take your bags. they are publicly traded businesses. investors bought them to make a profit. it is not a crime to make a profit. the airline say we are in business to do business. >> one of the problems with the

class action suit as i understand it, it centers in and around air traffic in dallas. they have a lot of airlines. can you fly from dallas on any airline youment. but the bigger problem comes in lincoln, nebraska or rapid tea where you don't have a bunch of airlines flying in and ticket prices get jacked up. >> we have seen them in new york and chicago. bigger cities are seeing them first and i think they will follow in other places. lawyers are looking for potential class action participants to get involved in the cases to make big money. and kissing your knee caps that will make the jury angry. >> the department of justice is looking after the amtrak crash in philadelphia, the airlines raised prices because so many people wanted to fly in to

philadelphia. that's one of the charges. but if the suit proceeds, there will be all kinds of discovery. e-mails or what? >> the doj has a tough road to hoe. they will go through e-mail. >> they will not find the president of united e-mailing american? >> they will have to look for circumstantial evidence of the colougz which will be very difficult because it is it a for profit industry. we are allowed to make a profit. but airlines are the things we love to hate as consumer. >> joy may be overestimating the way people do e-mail. people do say things they don't hit twice before hitting send. >> not this. >> you are a lawyer though. >> but there may be communication to keep it in a certain range and that's where

they will have a real problem. nand probably the first place they are going to look. >> we'll so how the lawsuit proceeds and also the department of justice investigation. >> thank thank you both. >> two explosions within minutes shake people up at two churches in new mexico. a live report on what we know and what questions remain. ts. new from meow mix with real salmon chicken or tuna. the only treat cats ask for by name. when you're living with diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead. pwhat've we got? 5. bp 64/40 sterilize sites. multiple foreign objects in the body. tweezers.

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right now an intruder on the loose after giving an 82-year-old woman quite a scare in virginia. reba shook is her name and fought the guy off when she realized he was in bed with her. at first she thought it was her dog. >> i said, cooper, what are you doing in my bed this time of night and i held my hand up for him to smelled my hand and i realized it was somebody. i don't know what you're after

but you ain't going to get nothing here and i started scratching him and of course i said some bad words. >> the man finally ran away. reba is unharmed and thinks the intruder got in through a window she leaves open for her cat. her family is begging her to move. inside reba says she's getting herself a gun. >> i'm glad she's okay but i wouldn't mess with reba. >> i wouldn't either. >> she looks like she's got a lot of sass. well back-to-back explosions rattling worshippers at two churches in new mexico. thankfully no one was injured in these events as well. the church has sustained only minor damage, but authorities are investigating these blasts. o >> there's a huge effort under way involving state, local and federal authorities to find out whoever is responsible for the explosions and the blasts turned serene sunday morning for church-goers in los cruzzes.

the first explosion went off ten minutes before services were to begin at calgary baptist church. a wall there was an explosion near a wall-mounted mailbox and the explosion shook the building and the second explosion happened three miles away in holy cross catholic church and it happened just as the priest was serving communion. law enforcement is following several leads but won't say for certain if the two explosions are related. >> we're going to investigate them separately but we'll also look into them to see if they are connected. it seems like they might be, but we can't automatically say that they are connected. >> new mexico governor suzanna martinez has strong words for those responsible. >> 23 your intention was to bring fear to those who worship

you have failed. >> our faith is too strong and our fellowship is unbreakable. >> no one has been arrested or is in custody. the fbi wants to talk to as many people as possible who may have seen or heard anything. they set up a tip line number, 1-800-call-fbi. in the meantime, other churches are on alert and many are now taking extra security measures. jenna? >> we'll watch this one. >> absolutely. >> what do a female cage match, american pharoah and a dog surfing competition have in common? they are part of "happening now's" final 30, and that's happening next.

yes, we are twins. when i went on to ancestry, i just put in the name of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com. already. time for the final 30. you never want to get in the middle of a girl fight. rhonda rousy remains ufc champion with a knockout win

against her challenger. it took just 34 seconds. >> sometimes that' night. >> american pharoah winning his first race since becoming the triple crown winner. >> in san diego. more than 50 dogs hit the waves during the surf dog competition raising money for the humane society. >> they are good and stayed on the board? thanks for joining us, everybody. >> "the real story" with gretchen starts right now. and we kick off your monday with an alert because we now await the verdict in the phase two of the colorado movie massacre set to be announced during this hour. hi, everyone. i'm gretchen carlson. hope you had a great weekend. this is "the real story." dan springer live outside the colorado courthouse. the verdict will be this hour but maybe not the final verdict, right? >> reporter: that's right, gretchen. we expect the verdict to be read in about 30 minutes and that may not end the process. colorado has a very unique law where they need three phases to get the death penal. we know the jury came back in phase one and said he's still eligible for death. this is phase two if they come