friendships they have. martha: mutual respect. bill: i agree with that. contact with the moderators. great being with you. back to new york we go. martha: great being with you. back to new york we go. have a great day everybody. jenna: remains the big story of the day. new reaction coming in fast and furious after a heated republican showdown in cleveland. hello, everybody, i hope you're off to a great day so far. i'm jenna lee. jon: jon: happy friday to i. i'm jon scott. the candidates came out swinging taking on each other and even the moderators here are some highlights. >> if it weren't for me you wouldn't even be talking about illegal immigration, chris. you wasn't talk about it. >> get a judge to sign the warrant. >> governor christie, make your

point. >> listen, senator, when you're sitting in a subcommittee blowing hot air about this you can say things like that. >> the supreme court is not the supreme being. we change the policy to be pro-life and protection children. >> if any american travels to the middle east and joins isis, that he or she forfeits their citizenship so they don't use a passport to come back and wage jihad on americans. [applause] >> only one to take out half after brain you would think if you go to washington someone had beat me to it but -- [laughter]. >> putin believes in the old lenin attitude, when you probe with bayonets, if you find mush you push. if you. >> i was raced paycheck to paycheck. >> america is a miracle country. we have to restore the sense that the miracle will apply to you. each and everyone. people in this country who is watching tonight, lift everybody, unite everybody,

we're not going to win by doing the barack obama and hillary clinton do each and every day, dividing the country. saying, creating a grievance kind of environment. we're boeing to win with we unite people with a hopeful, optimistic message. jon: so what did you think at home? let's ask bob cusack for his thoughts. he is editor-in-chief of "the hill." all the talk was about donald trump when this thing was still in the planning stages. now that it is over, is he still the 800-pound gorilla? >> i think he is. he held his own. showed he can debate. he wasn't looking like a fish out of water. i think everyone had a good night. the field had a good night. ben carson as you played, had a very good zinger. i think marco rubio really helped himself. john kasich had home field advantage. jon: a lot of cheers. >> jeb bush looked a little rusty. i think this race is tighter. walker, disappointing didn't

show much dynamism. that is the rap on him. he is not energic enough. jon: i wonder some of the luster came off of donald trump even in the first debate when carly fiorina took him on about the phone call from bill clinton before he entered race. when he starts off on the big debate stage refusing to rule out an independent run for the presidency. >> yeah. jon: doesn't that hurt him among hardcore republicans? >> he did get some boos on that. he handled the question well. at the same time he took on megyn kelly. megyn kelly is pretty popular. i don't know if that should continue. i think his base is 20%. the problem with trump, can he get it to 40? his unfavorables are pretty high. i thought fiorina's line was pretty good. jon: what about chris christie, he was on the main stage and got there bit skin of his teeth as did john kasich but i think governors acquitted himself very well? >> christie had a good night. he needed it.

christie had a good night i think he will get a bump. rubio, kasich, trump will not probably move up but stay the same where he is right now. jon: in terms of the race overall you see it tightening up as a result of what happened last night? >> i do. think you have to look at kasich. he came across as very genuine. he is at the bottom. rubio also has been slipping. he had a big night. it will get more crowded at the top. of course number one target remains donald trump. jon: what about people who might not have fared so well, who might be exiting the stage soon, did you see any of that? >> well, i think with the super-pacs these candidates will stay in longer than they normally would because they have so much money at their disposal or the super-pac does. rick santorum, there are rumors he is getting out. he won iowa. i am a comeback kid and i will come back. he has been low in the polls, no doubt about it. jon: you like the performance marco rubio put in. >> showed -- remember

marco rubio is 44 years old. the criticism for him he is not ready for prime time. showed he is ready for prime time. jon: ben carson is on the main stage. he didn't get a lot of questions thrown at him. >> yeah. jon: he alluded to that in one of his answers which i thought was quite clever. >> he went after the media. he had some funny lines. he has avid following. he has been one of the steady people in the race. he hasn't gone up and down like yo-yo. he has solid base of support. he will get more airtime in the next debate, you never know. jon: jeb bush. >> jeb bush has to come back strong in the next debate. he seemed off his game. he didn't have the fire that others did. everyone was so energetic but i thought walker and jeb didn't have that kind of energy. jon: he didn't make any huge mistakes but sometimes when you play conservatively you don't come off with a lot of flash and fire. >> that's right. you can't become president unless you go for it. you can't be cautious to become

the next president. that is hillary clinton issue as well. we have a long way to go. at lore more debates and voters don't even vote until next year. jon: rand paul? >> he mixed it up. in some of the exchanges christie did well in the back and forth. so i don't think he significantly helped himself. jon: bob cusack, editor-in-chief at "the hill." going to be funny to he see whether the numbers change and how much as a result of that. huge audience for this one. >> it was a great debate. jon: thanks, bob. jenna. jenna: the economy always a big issue when it comes to elections, jon. today we have some new job numbers out from the labor department. american employers added 250,000 job last month. that is shy of the forecast but not by much. unemployment held steady at 5.3%. peter barnes from the business network live in washington with more. peter? >> reporter: jenna, another important number was wage growth which was one of the hot topics at last night's republican great. hourly wages rose .2.

they're still below the 3% economists consider good. if you're looking for a job, here are the companies that hired last month. professional and business services added 40,000 new jobs. education and health up 37. retailers added 36,000 new jobs. leisure and hospitality was up 30,000. it was mixed bag. in more economically sensitive sectors, mining and logging which includes oil production lost another 4,000 jobs. construction added just 6,000 positions but manufacturing added 15,000 jobs, its best month since january. house speaker boehner said of the report, quote, while it is welcome news that more americans found work last month the president's policies are not delivering strong sustained economic growth families need to get ahead. wages are flat. incomes are down. more americans are in poverty. we can do better. the president's economist agreed. >> i think you can always do better, very much agree with

that. the question what will you do to do better? passing highway bills that last two or three months at a time isn't my idea of how to do better. >> reporter: for a reality check here, six years into this economic recovery eight million people are still looking for work and six million are working part-time jobs when they want full-time jobs. jenna. jenna: interesting, peter, thank you. >> reporter: you bet. jon: more charges could be coming for an illegal immigrant held in the murder of a california woman. we're expecting police in santa maria to release more information on the case in a news conference. victoria mere recent, an undocumented immigrant was arrested last year in an unrelated assault. immigration officials asked to be notified when he would be released. authorities said they couldn't hold ramirez without a court order. william la jeunesse in las vegas with more. another here we go again it

seems, william. >> reporter: jon this case is nearly identical to the kate steinle case in san francisco. the debt of marilyn pharis, is directly result of one california sanctuary policy refusing to turn over criminal alien without a federal warrant and two, the obama administration decision not to deport some criminals because they're not bad enough. the feds did ask the jail to notify i.c.e. it planned release ramirez, and the county refused even though it knew ramirez was multiple felon charged twice after as sexual assault on a woman last year on methaphetamine. he was arrested and released. four days later ramirez broke into the home and beat marilyn pharis with a claw hammer before breaking into another home. pharis died a week later. police say they don't kara mir

recent was an illegal immigrant who should have been deported a long-time ago. >> we don't care what the circumstances were. we'll do what we need to do to get our facts and bring this individual to justice. if there are extenuating circumstances that arise as a result of that, then we, being undocumented immigrant we'll let the proper authorities address those issues. >> reporter: like the steinle case who was murdered by an illegal immigrant after san francisco refused to honor an i.c.e. detainer. what make this is case worse, both sides, the county and the i.c.e., ignored what they knew to be a huge loophole because of the steinle case. both the state and the feds are trying to protect criminal aliens. the administration claims ramirez didn't meet its enforcement priorities. california prohibits cops from holding low-level offenders without a court order. the result is this disconnect allows criminals to prey on innocent americans. today, jon, police and prosecutors will hold a press

conference at 1:00 p.m. pacific to explain their position. back to you. jon: what an awful story. william la jeunesse, in los angeles, thank you. more on that. how did victoria mir recent slip through the cracks? coming up a little later this hour our legal panel weighs in on this terrible case. jenna: solving a murder mystery in south carolina. what police found that led to murder charges for britney may crockett in the death of her boyfriend. we'll tell you about that. plus the death toll rising in a frightening outbreak of legionnaires's it right here in new york city. we'll explain that. of course we want to hear from you, who won the debate last night, who do you think lost? foxnews.com/happeningnow, to join the conversation.

jon: the latest now on some crime stories we're watching. a murder warrant issued for this man after the body after missing 20-year-old woman is found in a

california aqua duct. the suspect was last seen leaving her home. the 21-year-old may be armed and dangerous. britney may crockett charged with first-degree murder in the death of her 51-year-old boyfriend. police in south carolina say the young woman gave him some type of a substance before his death. the owner of a phoenix bond recovery company searching for a fugitive mistakenly raided home of the city's police chief. now brent farley is under arrest for criminal trespassing. he admits he should have done some more research. jenna: yeah, i guess that is the takeaway. jon: i think that would be a good idea in the future. jenna: to the legionnaires' disease outbreak that has claimed 10 lives in new york city. the governor of this state, governor cuomo, inviting a cdc team to investigate this health crisis which is located in the south bronx. our laura engle is outside of lincoln hospital in south bronx where some patients are estimate being treated with this disease and the big question mark,

laura, if they are the only ones? >> reporter: we learned the state health commissioner plans to meet with officials from centers for disease control in an hour in new york city to discuss the his response to the historic outbreak. there is a lot of work being done up on roofs of a lot of buildings in new york. teams of specialized water treatment workers are heading to rooftops in many buildings in the city to start disinfecting cooling towers. that is believed to be the source of this problem. because it is now mandatory for all owners of of buildings in the city to disinfect them in two weeks. that order issued by the new york city health department because of outbreak that killed 10 and affecting 100 making this the worst legionnaires' disease outbreak in the city's history. bill de blasio says it is the right move to keep residents safe. >> we are doing this out of an abundance of caution. everyone understands that the outbreak has been limited to one community in our city.

but we're doing this out of an abundance of caution again. confident that we have already disinfected the source of this outbreak. >> reporter: now we spoke with the operators of the metro group, one of the industrial cleaning companies in the area that does this type of disinfecting work. they provided us with these pictures. they tell us their phones are ringing off the hook with building owners trying to get their crews out. the group says cleaning all cooling towers in new york city in 14 days would be quote herculean task. legionnaires' disease which was discovered in 1976, severe form of pneumonia which spreads through the area and caused by exposure to bacteria legionella and water vapor that comes from the cooling towers. it usually affects the elderly with underlying conditions as we've in these cases. good news if caught immediately and treated most people will recover. the cdc says there are up18,000

cases of legionnaires' disease every single year in the united states. one woman from chief died yesterday from complications from the disease. the reason this is so unusual because we had a big cluster in the bronx area in new york. more to come when we hear from the meeting in the next hour. jenna: a story to watch. laura, thank you. jon: living a life large on florida's gold coast get as big surprise from u.s. marshals. how long this convicted armed robber spent on the run before authorities managed to track him down. folks news exclusive. iranian terrorist defying sake shuns meeting with the president of russia in moskow. we'll talk about the effect on the iran nuclear deal weeks before congress takes a vote. s .

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jon: u.s. marshals finally nab a prison escapee who spent more than three decades on the run. they found willie lee austin living near fort lauderdale, florida. he was serving time in macon, georgia, when he broke out of prison in 1981. authorities learned austin, now 60 years old, was living in florida under an alias. they took him back into custody. jenna: fox news exclusive. iranian military leader designated a terrorist by the united states, first iting russia in spite of a travel ban. some big questions what he was doings there. national security correspondent jennifer griffin breaks this story on soleimani. he is an iranian special forces commander, the head we should say of the irgc. he is the one who violated sanks met with russian leaders including vladmir putin. soleimani is tied to many acts of violence bense the united states. >> he is absolutely responsible for killing many americans. i would say the last two years i

was there the majority of our casualties came from his surrogates, not sunni or al qaeda. jenna: the news surfaces as two prominent democrats on capitol hill announce they won't support the iran nuclear agreement. let's talk more about this with a senior fellow with the defense for democracies, an irrather than who written and investigated soleimani on quds force, the irgc and specifically this individual suleman nip. why is he so dangerous, ali? >> he is the head of the extra territorial branch of the revolutionary guard. in other words every single terrorist operation of the guards takes place under his orders and supervision. so it's an act of great symbolism that he now is meeting the president of russia, a head of state, inspite of the fact that there actually is a travel ban against him. jenna: why would meet with the russian president? >> i certainly believe that they want to demonstrate, they also

want to test the international community. the ink of the agreement, nuclear agreement between tehran and the permanent five plus one group is not even dry and they want to know how much they can provoke the west before there is a reaction. so one part of it is certainly testing the west, resolve of the west to protect the nuclear agreement. another part is also just to demonstrate defiance saying that regardless whether you do we will do as we please. jenna: it's certainly is getting attention, if that is what they wanted, ali, they're get it. what do you think our reaction should be to this? what is within our power to do? >> well i certainly believe that some of the reactions that are coming from congress right now are quite interesting. for example, senator schummer's latest statements, against the nuclear agreement. they were clearly saying that he does not trust the regime in tehran and he does not believe that they will be abiding by the

agreement that they have made with the united states of america. and this is the type of reaction which needs to be shown. if iran is not even ready to accept and respect travel ban against a person like mr. soleimani, how can we expect them to live up to other parts the nuclear agreement? jenna: that is an interesting point. it is also worth pointing out that the iran nuclear agreement was associated between representatives of heads of state. secretary kerry representing the administration. the foreign minister of iran representing the regime there the ayatollah. soleimani was not a part of the conversations. i know you have a theory about the his power in the country. i wonder how much weight the iranian nuclear deal can actually have if he is not part of it at all? >> exactly and that is a very important point. because the revolutionary guards, person like soleimani, they are a state within the

state. they are outside of presidential control. president rouhani can give a lot of promises to the u.s. government but mr. soleimani would not feel obliged to live up to those promises. even worse, physical control over iran's nuclear program is in the hands of revolutionary guard, which is not under civilian control. jenna: interesting. the man we're showing on the screen, he is the one that is really in charge of the nuclear program that many allege that iran has, which is a military one, nothing to do with actual nuclear power. ali, it was interesting i would point out to our viewers we mentioned that soleimani is designated as a terrorist by our country. of course iran is also designated as a state sponsor of terror. he was designated as terrorist. he was sanctioned in 2005 for his role as proliferator of weapons of mass destruction. so that must some raise some real concerns for you about where this is all going if he is still remains a person of power

inside of iran? >> well the u.s. should be concerned because mr. soleimani has create ad network for procurement of components for iran's nuclear program. some of those components are used for analyst it, illegal and secret nuclear program about which the west does not know much. that certainly should be a source of concern not only about iran as nuclear problem but also about the nuclear deal which has just been signed between the negotiators. jenna: ali, i have to ask you a quick question before you go, it is a little bit on separate topic. you have done great research. you are iranian by birth. you have your sources inside the country. how good is the information we have? how good is the intelligence community knowing anything about iran and what is going on inside of that country? how would you asset it? >> i know very little about the american intelligence community but what i do know iran will do its most to keep its nuclear

secrets and i do share the belief among american legislators that the regime in tehran can not be trusted. >> ali, always nice to have you on the program. someone with great expertise on this subject. look great to have you back on the subject. >> thank you. jon: we're on watch as on the homes homes murder charge as colorado jurors decide on a sentence for the gunman in the aurora movie theater massacre. will holmes die for his crimes or spend his life in prison. a live report from the courthouse coming up. what happens after the debates could impact more than what happened inside of the arena.

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jon: right now a quick look what is still to come this hour of "happening now." republican candidates taking the stage last night for a rollicking pair of debates but what happened off the stage could be impacting them even more. our media panel joins us to talk about it. an undocumented worker arrest ad handful of times before prosecutors say he savagely attack ad 64-year-old woman in california with a hammer. why wasn't deported? jon stewart's fun-filled sendoff from "the daily show." a live report with some highlights. jenna: second day in the sentencing day of the james holmes murder trial, dan springer is live in centennial, colorado, with the very latest from there. dan? >> reporter: yeah, jenna, the jury got back to work an hour

ago. we're just told the jury has a question for the judge and that will be read in open court momentarily. they did deliberate just over an hour. everyone associated with watches the case closely expect as final decision sometime today. it has been a very long road since that shocking movie theater massacre three years ago that left 12 people dead and 70 injured. jury selection began seven months ago. the trial lasted 15 weeks with 300 witnesses. comes down to this for the jurors, using reasoned moral judgment. what is the appropriate sentence for james holmes, life in prison with no chance of parole or death by lethal injection? the prosecution and defense made their final arguments to the jury as holmes sat there with no emotion. >> you can not give them justice and you should not seek it but you can bring justice to this act and to him.

and for james egan holmes, justice is death. >> if you would not wish schizophrenia on your worst enemy, then what logic dictates that the son of bob and arlene holmes should suffer execution for it? >> reporter: and, jenna, the jurors have three options today, unanimous for death, unanimous for life in prison, no chance for parole or not unanimous. only unanimous for the death penalty will result in james holmes being sent to death row. interestingly a poll came out here in colorado showing that 2/3 of people in this state think that the death penalty is the appropriate penalty for holmes. we should note if the jury thinks that sometime today. jenna. jenna: dan, thank you. jon: back to some politics.

17 gop candidates fighting tooth and nail at last night's debates, staking their claim to the republican nomination. here is just a taste of the drama. >> the story appeared today quotes anonymous gop donor who said you called mr. trump a clown, a buffoon and words that can not be repeated on television. >> none of which is true. >> it is not true. >> it is not true. i have said mr. trump's language is divisive. >> for the cyberattack from russia, sad to think but probably the russia and chinese government know more about hillary clinton's email server than dot members of the united states congress. [cheers and applause] and that has put our national security at risk. if i'm president he won't think about that. >> i was asked by npr reporter that once, why doesn't i talk about race that often. i said because i'm a neurosurgeon. she thought that was strange response. when i take someone to the operating room i'm operating on the thing that makes them who they are. the skin doesn't make them who they are.

the hair doesn't make them who they are. it is time for us to move beyond. [applause] jon: talk about with our media panel today. judith miller is a pulitzer prize-winning investigative reporter and author. ellen ratner, bureau chief for talk radio news service. both are fox news contributors. we want to move away from the who won, who lost kind of thing and talk about how the media are covering the aftermath of debate or the debate itself and the aftermath. ellen, i know you were there in the press room in cleveland last night. what is your takeaway? >> my takeaway we now know there have been studies done in previous elections that say that press coverage actually does influence people. so why hasn't the media this time around looked at what was going on in the press room last night when frankly a lot of people were laughing and enjoying what donald trump had to say? so i actually think that there is going to be some, media critical of him but i'm not so sure that that influences people

because there was nothing about how the press was taking it. jon: donald trump is a known quantity in the media, judy. do you think that his performance last night is going to really change a lost minds about whether he is a, you know, an electable candidate or not? >> well, i don't think it will change a lot of mind among his fans, you know, that 20% base that he has, jon. but what is really interesting to me is that there was a kind of a media consensus yesterday that trump did not do very well and this was kind of reflected in what peggy noonan wrote. she of course being a woman might be sensitive to the exchange between megyn kelly and donald trump over his calling women names but it was extraordinary. you don't want to dismaying begin kelly who has a lot of fans but he did and basically didn't back off calling women

pigs and outrageous other names. >> and then -- >> then he said, i was, only referring to rosie o'donnell. peggy noonan echoing what a lot of us felt thought it was boarish. >> i want to say one thing that supports what judy miller is saying, like he couldn't stop himself, he couldn't help himself. then at 2:30 he sends out a tweet against megyn kelly. >> right. which i'm sure she loved. jon: seem as little thin-skinned. i doubt she was up at 3:00 in the morning to read that. i want to read a couple of headlines. one in print from "the new york times." here's what they wrote. shedding any pretense of civility and party unity, donald j. trump overwhelmed first republican presidential debate and ripping into moderators and other republicans alike and into others who are seeking to stop his breath-taking surge. trump seems to get a pretty good headline there.

ron fournier who writes for the "national journal" wrote this. this is the headline, i know ron maybe didn't write the headline but it headlined his article. read, trump voters is this really what you want, celebrity billionaire treating your party like a trophy wife as long as it suits him? widely disparate coverage of this one guy at this same event. ellen? >> well you know, as i looked around the room last night i saw all kind of people, people i've known for many years, from right, left and in between, from local papers and not. i think there actually was a very disparate group of journalists in there last night. >> look, i think that the opinion people who follow politics most closely as opposed to "new york times" which pretends it is fair around balanced and gives you a headline and a story which, i think exaggerating what is likely to happen to donald trump in the months ahead, i look at nate silver, who covered it and

said, donald trump has a 2% chance of getting the presidential nomination. i think that is the bottom line. that became very clear to a lot of media people who are watching last night. jon: i thought it was a very smart question of bret baier to come, you know, right out of the box and say, show of hands, will all of you pledge not to run a third party candidacy if you don't get the nomination? of course donald trump was only one standing there. >> it is interesting, brett bair got, everybody in the press room was very impressed with that question last night. >> i think with all of the questions, these were such tough questions and that ought to lay to rest a lot of the guessing we heard and the assumptions that somehow fox news reporters and anchors would not go hard on the candidates. they, those were about as tough questions as you could possibly get. >> i agree. jon: hot off the presses, "the baltimore sun" is just out with this headline, fox news a big winner at gop debate.

baltimore sun, normally a pretty liberal newspaper but they give megyn and bret and chris wallace a lot of credit for the questions that came last night. >> also the, what they called the happy hour debate, the debate before where carly fiorina emerged with such a consensus she had won it. but the anchors were excellent there also, bill hemmer and -- a very good show. >> if you had just taken the questions and not said whether they were fox or another network, people would have said they were fair. and that is the way we need to look at it. jon: all right. well it's again, all going to percolate, some will come out as winners, some come out at as losers. as ellen said, studies say media coverage of the deet bait changes people's perceptions who won and who lost. we'll see where it guys. judy, ellen, good weekend. >> happy weekend, jon. jenna: a child comes down with

human plague after visiting a national park. a man sitting in jail to his connection with a murder. how did this happen? why was he not deported? these are some of our legal questions will take up in just a moment. ♪ [laughs] irresistible moments deserve irresistibles treats. [meows] new from meow mix with real salmon chicken or tuna. the only treat cats ask for by name.

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i'm one of the real live attorneys you can talk to through legalzoom. whether it's for your business or your personal life, don't let unanswered legal questions hold you up. because we're here. we're here, we're here, and we've got your back. legalzoom. legal help is here. jenna: right now we're expecting to learn more details about the murder of a california woman and the illegal immigrant held in connection with her death. the news conference is scheduled for a few hours from now for victoria mir recent. he along with a second man are charged with attempted murder in the death of this 64-year-old woman. those charges could soon be upgraded. investigators say the men assaulted her and then raped her. she later died. so the question now is whether or not she died because of injuries in this crime. ramirez, an undocumented immigrant, an illegal immigrant was arrested last year for another assault. immigration officials unable to deport him. they say local authorities

didn't notify them before releasing ramirez. but then local authorities have a different story as well. fred tecce, former federal prosecutor joins us. wendy patrick, a trial attorney join us to discuss it. not a debit about what a horrendous crime this is fred. this is confusing as far as i.c.e. and the county that arrested this man. the county said in the most recent arrest which happened just a few days before he committed this crime i.c.e. had not issued a detainer. this is very similar what we heard out of san francisco in the murder of kate steinle. i.c.e. didn't issue a detainer. therefore they didn't have any grounds to hold him. if that is the case, and illegally in this country and already breaking a crime, committing a crime, then why can't they just hold him? >> well, first of all, depends who you believe. that is part of the problem, jenna. there is no kind of set process, national set steps that have to be followed. interestingly in this case, look

the guy is here illegally. he commit as horrific, horrific crime but i will say it this but is underlying arrest was misdemeanor battery and recent arrest was possession after knife. jenna: but he is here illegally. >> right. jenna: they know is is illegally here, isn't that enough after crime to hold him? >> one would think that it should be. that is the problem. there has to be set guidelines. it has to come from the justice department and got to come from the white house who are willing to talk about ever cop shooting but aren't willing to talk about what we need to do to protect americans from the very small fraction of illegal immigrants who are very dangerous criminals. that has to be dealt with. jenna: his crime record went back to last year. he assaulted a woman when he was high on meth. the judge in that case where apparently i.c.e. did issue a detainer, sent him to rehab instead of having name had prison, instead of deporting him. he gets out. in may of this year, the misdemeanor battery fred

mentioned is committed and misdemeanor weapons charge and now this. who is to blame for this? >> jenna, let me additional points this discussion and the first one i want to had felonies and misdemeanors are treated differently. they -- jenna: for citizens. wendy hold on. for a citizen they have different rules but he is not a citizen. so -- >> trigger different rules, trigger different rules federally as well. that is what we're seeing in a case like this. this is reality of recidivism being played out both statewide and federally. when you look at the kind of holds, that can be placed on somebody, it does matter. what's interesting about a case like this, we have at least one of the charges that was reduced from a felony to a misdemeanor. so you've got to look, we'll hear a lot more about this at the 1:00 p.m. press conference but we're going to be able to hear exactly why or why not different holds were put in place. this is going to be really -- i mean the whole country looks at

cases like this for exactly the reasons we're discussing. should it matter, the argument goes, what somebody is in custody for? should it matter whether it's a misdemeanor? you may also see laws being changed in response to this. jenna: i don't know if it is. i get wendy's point about recidivism, that is excellent debate we should have about our criminal justice system, again he is not a citizen. why is he afford the same sort of rights as a citizen in this country and why does he continue to be treated in this way where then he is released and commits other crimes, a horrific one? >> pick that up -- to answer your first question take that up with the united states supreme court, they made rulings say if you're here you get treated with the same protections as citizen. having said that, yes, it was a misdemeanor but it was a misdemeanor and a violent offense. that is battery. that is violent crime. so ultimately the problem here, jenna, is, is that there are no clear-cut guidelines between i.c.e. and local authorities. jenna: what about common sense,

wendy? i would like to ask you about that. you practice in california. what about common sense? so i.c.eish didn't issue detainer this time but issued is last time. hey, i.c.e., curious we should hold this guy? he hasn't had the best record? >> you know, jenna it is so easy to look at these cases in retrospect and ask excellent questions being raised in the debate. in the moment what we'll find out more is why not, why weren't there precautions, why can't there a hold? there are lots and lots of case law and constitutional protections. this is complicated analysis. emotions are high. it is horrible crime. everybody is angry. what we'll see legalities this is not only case we're talking about this. jenna: sure. >> in every case like this is learning experience for everybody involved around hopefully will lead to changing of the laws. that are ca debate. >> but while people are learning, people are dying. so i mean ultimately something has got to be done quickly and

effectively. jenna: big question, is the law working for us or is the law working against us? that is -- >> not protecting a lot of its citizens. >> hot button debate on both sides. jenna: thank you to you both. heated conversation. we look forward to having you back. thank you. >> thanks for having me. pwhat've we got? 5. bp 64/40 sterilize sites. multiple foreign objects in the body. tweezers. (buzz!) (buzz!) if you're the guy

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jon: let's check out what is ahead at the top of the hour with "outnumbered." what do you have andrea, harris. >> who is moving up, who is dropping. >> plus president obama doubling down on his comparison of republicans who oppose the iran nuke deal to iranian hard-liners chanting death to america the all this while two more top democrats in congress coming out against that deal. huge news. >> yay, some big voices. you know what, ladies? when you're at work, get mad about something, play that on the inside and not let anybody

know. a new study shows expressing the anger could cost you but not so much for the guys. they can go off -- wait, am i going off? >> you better tone it down. >> i better tone it down. plus our #oneluckyguy. eric bolling joins us at the top of the hour. jon: i go off all the time and it hasn't hurt me. >> that's the study. it is not fair. jon: watching at the top of the hour. thanks. time now for the fox 411 on jon stewart the comedian taking his final bow from a stage where he spoke to a generation. jon stewart taped his final "the daily show" after 16 years of needling pretty much whoever he felt like needling. julie banderas here with more. >> we supplied him with a lot of work, didn't he. jon: yes we did. >> we made his career. emotional night for jon stewart, made a career bashing politicians and fox. past host of daily show fixed with bittersweet memories making a name for himself through

satirical and cynical comedy. his show began what was supposed to be a roundup of the first presidential debate as most of you watched hire on fox. instead of republican talking heads he was surrounded by correspondents who appaired on his show including steve carell and stephen colbert. they thanked, stewart, colbert did, many opportunities, filling show with laughs and tears. >> i am so touched that everybody could be here tonight, and -- >> me too, jon. is there a party or anything? because, i brought a lot of people from cbs. i told them that know you. >> yes -- >> also making cameo appearances on the show were politicians on both sides of the aisle like hillary clinton and chris christie. clinton sarcastically saying just when i'm running for president, what a bummer. chris at this said i will never forget you jon but i will be trying. bill ohio riley said have fun

feeding your rabbits, quitter. he said it is just a pause in the conversation. if you have advice for viewers, if you smell something, say something, talking about bf. jon: he will be missed. julie ♪ banderas, thanks. we'll be right back. bring home don't stick around. use clorox disinfecting products. you handle life; clorox handles the germs. ♪ look how beautiful it is...

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your bladder is changing, doesn't mean you have to. with tena's unique super-absorbent micro-beads that lock in moisture and odor... you can keep finding your groove. tena - lets you be you. jenna: we'll see you in an hour. "outnumbered" starts now. ♪ ♪ >> this is "outnumbered," i'm andrea tantaros, and here with us today, harris faulkner, jedediah biel la, fox news contributor julie roginsky and today's #oneluckyguy, eric bolling's back, and, e.u., you're outnumbered. >> yes, but not outsmarted. >> oh! >> putting the smackdown out early. >> i'm thrilled to be here. big day. looking forward to it. >> yep, we can't wait. all right, so what a