i am not mean to bernie. >> if i were going bald i would do something about. >> we are staying here for "outnumbered" overtime. click on the tab and we are on the live chat. back at noon news "happening now". >> two weeks before the murder the police officer arrested him for possession of meth. >> why an upon illegal immigrant was released from jail days before a california woman was killed. torrential rains flooding streets as cars float away.

>> and owners watch helplessly. and terfaying quakes in the u.s. just how many americans are living in areas susceptible to earthquake damage. the numbers will shock you. it is all "happening now". ♪ >> and we begin with brand new poll numbers in a key early voting state after the last week's gop presidential debates. welcome to "happening now". i am jon scott. >> i am jamie colby in for jenna lee. iowa caucus voters, the poll shoes that donald trump is leading at 17 percent. scott walker at 12 percent. and mark row rubio third and dr.

ben carson at 4th. ted cruz is in the southern states and there is a new national strategy to tap in more donors. jeb bush's super pac raked in 100 million. and cruz is taking a different approach. an olive branch, mississippi with more is carl. >> reporter: hi, john, the septemberor is likely to come in a matter of moments. he was in tupelo, mississippi. he is focused on iowa and south carolina. south carolina was the first state of what is a seven state barnstorming tour that he is in the middle of now in the august recess and congressional break period. he is trying to set up a southern fire are wall. he is off the pace in iowa, he

hopes to do well. and in new hampshire same thing. south carolina a different story and it is his hope using the vast resource in the super pac and campaign funds he will work through the long haul and other candidates will begin to peel off. cruz has the most money second only to jeb bush who raised over hundred million. and cruz has 50 million to play with and that outpaces the field. and in tupelo this morning, he is looking at a national campaign and trying to hold it when the race gets long. >> i have to tell you, i could not be more encouraged in the energy and enthusiasm and passion that we are seeing all throughout the south and sec primary. people are fed up with campaign

conservatives and people who talk a good campaign and don't walk the walk. >> and cruz has been cautious in talking about donald trump. he welcomes and applauds the rhetoric and focus that mr. trump brought to the debate over immigration. it is foolish to criticize donald trump. ted cruz a fire brand texas conservative who is quick bashing the leaders. and he has the type of candidacy that it trump voters will look at and the object of the game is to build the campaign. he will have the money and organization that might jack rabbit. this will be done by the end of march and that is when cruz is

targeting his big wins. >> carl, thank you. >> in the meantime, a cash crunch for another candidate. reports of former texas governor rick perry stopped paying his staff because fund-raising for his campaign is drying up. but they deny. it the super pac will not let rick perry down. we'll talk to joe trippi. and mike shields president of the congressional leadership fund. and joe, i know you have run a presidential campaign. fund-raising has to be about job one, isn't it? >> no, it sure is, and you know its gotten bad when they start not paying staff and put out that the reason they are doing it so they can make travel costs. that is a really bad sign when

you are baskically moving the candidate around. super pac can get the ads and message out. but it is hard for a super pac to pay for the organizations in places like iowa and new hampshire and south carolina. it is troubling news for the perry campaign if it bears out to be true. can the super pac pick up the staff. they are not allowed to it pay the staff? >> they can. the old days, presidential campaign it is don't just end but they run out of money. newt gingrich and sanatorium, they were kept in the race by the super pac. and john mccain was facing a similar situation and wound up winning the nomination. it is too really to put out the

alarm bells for rick perry. you have 17 candidates and he has 17 million in the super pac and that will keep him in the race for a while. >> he also tweeted this out today. we are continuing the fight, and we will win. then he adds these two words. donate today. and provides a link. he raised 20 million in the campaign last time around, does it surprise you that the campaign doesn't seem to come up with that kind of claim this time? >> no. there is competition for donors out there with this large of a field, but the other problem is, that no one wants to be the last person to max out to a campaign that is running out of money. and the news of him running out of money stops the money coming in and even the super pac people

will stop giving. and i was with dick gebhart and we run out of travel money and i put campaign staff on my personal card and he put it on his personal card and it gets rough trying to sustain a campaign when you are running out of cash. i do agree that super packs make it last longer, but it is harder for a super pac to make it up. he has to hit the early states to get the money to come in and that is hard with just super pac funding. >> is it like a self fulfilling prophecy. if as joe said, he's having money troubles are other donors reluctant to put money in the funds? >> you never want the stories out there and he has competition

in his own state. and there is another debate in september. and he did well in the first debate approximate. it is premature to looking down the road. these campaigns will have ups and downs and they have to organize and get through the debates. it will be the next debate before you see where the campaigns are. >> democratic candidate for president. bernie sanders releases a racial justice plan in a bid to win over african-american voters. sanders calling for federal training of police and end to mandatory sentences for nonviolent offenders. bernie sanders comes from a mostly white state and originally from brooklyn, joe. does he has a constitency among the african-americans? >> not in the way hillary clinton or other candidates

have. it is very smart for him. once you get out of iowa and new hampshire if you are seeking the democratic nomination it is hard to keep the momentum going if you can't appeal to it african-americans and others in the minority community. he can't just build crowds and look at iowa and new hampshire. he has to make deep inroads in the african-american's community. specifically because of the clintons. that has engineered a lot of affection with the african-american community. he's not just running with someone who has no natural connection. hillary clinton has one and he has to get over their that. >> bill clinton was often described as america's first black president.

does hillary clinton tap in to that in the black community? >> it is great being on with joe trippi. the last time a candidate was dismissed from vermont was howard dean. i think they are underestimating what bernie sanders can do. there is a huge part of the democratic base that likes the socialist. they are having to it react. he will go after the african-american vote. and they are starting. hillary clinton is up in iowa with television. they didn't plan on bernie sanders having an impact. and everyone of the people going to bernie sanders know hillary clinton is a candidate and they are showing up because they don't want her as their candidate. >> the race is heating up on both on both sides. >> do you think sanders is

a threat against hillary clinton for president? go to fox news.com/"happening now". get your thoughts in the conversation. >> it is more than a year since a jet liner was shot down over ukraine. prosecutors have evidence leading to those responsible. what they found at this site. and new pictures of a massive cocaine bust. how much they are keeping off the american streets by catching drug smugglers on the high seas. it's evil. and ladders. sfx: [screams] they have all those warnings on 'em. might as well say... 'you're gonna die, jeff.' you hired someone to clean the gutters. not just someone. angie's list helped me find a highly rated service provider to do the work at a fair price. ♪ everyone can shop, but members get more with reviews, live customer support, and better pricing. come see what the new angie's list can do for you.

♪ >> a fox news alert and check out pictures from phoenix arizona. that is a wall of dust slowly enveloping the city. happens a lot this year in thunderstorm season, cold air coming down from the thunderstorm has to go somewhere and it creates giant dust storm. this is rolling over phoenix

right now. the threat of thunderstorms expected to ease there about now. we'll keep an eye on it and let you know what is happening. >> turning now on the murder of a california air force contractor. police say 64-year-old ferris was sleeping at home after her shift in the air force base when she was brutually raped and beaten by 29-year-old victor martinez. martinez is an illegal immigrant. and another man, martinez, has a long rap sheet and i can tell you. if you think you heard that story before. now he is a suspect in a very serious crime. martinez here was released from jail in 2014 despite claim thats from ice that they issued a detainer on them. he was arrested on felony charges and released again days

before ferris was murdered. the police chief is blaming law makers and the system. >> there is a trail of blood from washington d.c. to the bed room of marylin. >> they throw buckets of nails at ice. >> joining me carl harden reporter from the santa maria times. thank you so much for joining us. and i know you are on the phone tracking the story. we want to hear your thoughts now. i want to clarify the suspect and what we are talking about. what kind of rap sheet did he have? >> thank you, jamie, he has a long history of being accused of more serious crimes, but the actual conviction record is lesser serious. he was accused of a felony in 2014, that was a felony assault

assault and only convicted of misdemeanor battery in that. and if he was convicted with a felony, ice would have deported him after he served time in jail or prison. >> now we don't know specifically why it was reduced to a misdemeanor, correct? >> no, we don't know that. i asked the direct attorney joyce dudley and indicated that that case will come up as evidence in this case in the murder of ferris. and so she doesn't want to jeopardize or taint the jury pool or give leeway to defense attorneys on appeals, i suppose. she will not talk about that previous case. >> are you getting a sense of what law enforcement was able to do? because he did have a rap sheet.

he had an illegal immigration status. at some point, ice did ask for him to be held. it is just the perimeters were not met? >> yeah, well, there was a new state law passed a couple of years ago that laid do you know what situations, local law enforcement can hold a person that has an ice detainer on him. so ice put out a detainer on him saying we want this guy when you let him go. he was not convicted of felonies or anything like. that if he was convicted of a felony they could have held him. >> so they were not obligated to? >> not even obligated to. they can't basically by law without risking violating the 4th amendment rights and things like that based on the federal

court case from last year. now ice could have gotten a federal warrant saying to hold him, but they did not present the sheriff department with a federal warrant. >> let me give you a statement from ice to "happening now". given the seriousness of the allegations associated with individual's arrest, meaning martinez, u.s. immigration and custom enforcement, ice lodged a formal request with the law enforcement agency seeking notification in advance of his release or transfer from local custody. they are again asking for the notification. if he is not convicted, does he walk? >> ice has told me that they did not, they issued a notification last year and they had never heard back from santa monica

sheriff's department. so they have to be notified of his release and never were, i suppose. >> i know you are digging for more documentation on this and i hope you keep us apprised of what you find. meanwhile another crime and he will go to trial for that. appreciate your time today. >> and something is happening today that hasn't happen in four years and sparking protest in japan. plus, you could live in a earthquake zone and not know it. the new map released and the surprising number of americans who should be prepared for quakes. o severe ulcerative colitis, the possibility of a flare was almost always on my mind. thinking about what to avoid, where to go... and how to deal with my uc. to me, that was normal. until i talked to my doctor.

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nuclear power for first time in four years. dozens of protestors gathered outside of the nuclear plant in southern japan. it is the first reactor to resume the meltdown in the fukushima plant. all were closed until new safety requirements could be implemented. >> just when you think it's something you don't worry about. an i- opening new map released by the u.s. geological survey. natural half of all americans should be prepared for a damageing earthquake. at least double the number in earthquake zones less than ten years ago. sure got our attention. coming right to the source today, lucy.

what is the most surprising place would not have thought they were in a zone. >> i think everywhere east of the rockies thinks it is only a west coast problem. in fact, south carolina had a magnitude seven in the 19th century and much of the eastern sea board has the potential to get this. >> how often? and when? >> if i could tell you when, we would be richer than we are. we can't tell you when, but we can say the west coast has it much more often. and you have to remember here, we see this as jeoist. we look over a time frame. central virginia had a magnitude 5.7 in 2011. that is a earthquake once a century. once every few hundred years is

the east coast sort of rate where as here in california, we top the list. we have north ridge size earthquakes every decade. >> i was curious where you lived figuring you would know the best place to live. but you are in california. are you taking a risk. >> yes, i study them and want to be nearby and i know how to prepare for them and that is the important issue. they don't have to kill you or bankrupt you if you take precautions. so here in california, we created the great shake out so people would know what to do in an earthquake. we can tell other states join us and get ready and also look for the seven steps to earthquake safety. a lot of ways to make yourself safer. >> we know we are at risk.

and we should go on line, but what would you recommend to the people on the south and east coast at this point? >> i would recommend knowing what to do. look at what earthquake insurance cost you. it is a lot cheaper for you know that us. and it is not part of your policy unless you ask. and the main thing is to be informed and don't think it is someone else's problem. it could happen to you. >> is that why they redid the map to get us more knowledgeable at this point? >> those maps control the building code. and so by being in the map, future buildings will have to be built stronger in the regions to be prepared for the earthquakes. >> they are scary and everybody should be prepared to be safe. thank you lucy.

>> well, the illegal immigrant accused of torturing and raping and murdering a california woman in her own home, he had a long rap sheet and never deported. the police chief blames immigration policy for. that plus, the malaysian plane brought down by a missile. who prosecutors thinks the evidence points to. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. 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.

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>> what looks like a break through in the search for cause and culprit in the downing of a passenger plane over east ukraine. dutch officials found a russian miss approximatil system. all 218 people on the plane died. prosecutors said it will help point to those responsible, amy? >> hi, jon, the theory that the plane was brought down by the buk is out there. but this team prosecutor said the buk may have been involved. and this is parts in question and parts that they found over the spring and around the crash side in rebel controlled eastern

ukraine possibly surfaced from a missile. there is not a causial connection that was recently identified by the plane itself. if it was confirmed the plane was hit by eight buk. it is a russian made missile ukrainians have them as well. but the investigation should be able to narrow it down to the the model which would prove whose buk it was. this is several weeks after what many consider to be damaging evidence and footage of pro russian rebels at the crash and expressing shock at the discovery that it was a passenger plane. implication being they thought they brought down a ukrainian war mraevenlt -- plane.

russia denied responsibility for the crash. russia recently blocked a u.n. security council that was calling for a international tribunal into this and part of this investigation. and so for now, it remains firmly in the hands of the dutch prosecutor's office because the flight originated from amsterdam. that final report is expected out in october. and the criminal investigation may take more time. what has happen today is an important step along the way. but it is still some what inconclusive. >> and the families of 300 people deserve recourse and answers. amy, thank you. >> yet another illegal immigrant accused of murder in california. i was telling you this hour how

prosecutor said victor martinez and another man broke in the home of a 64-year-old woman and raped her and boelt beat here. she died at the hospital. martinez had been arrested six times and picked up with meth and weapon's possession two weeks before the attack. joining me now is deborah sanders who is an opinion collumist for the san francisco chronicle. what is the community reaction with another case and similar facts? >> well, in san francisco, there hasn't been a huge uproar over the sanctuary law in city hall. people at home watching your show are upset. politicians in sacramento, not so much. >> why? >> let's talk about what happened to poor marilyn pharis. she was in a storm of bad law

and bad policy. barak obama in his first term had had a smart policy working with secure communities and told local law enforcement. send your finger prints and we'll send someone for deportation and that made sense. get rid of the worst offenders. and over time cities are telling the local law enforcement not to cooperate with ice. that's part of the problem. >> but deborah, for the first time, doesn't that put them in the system and the information comes up and the question of whether or not law enforcement has to notify ice and whether or not ice acts on it. what happen here. >> well, they are not sending the finger prints in the sanctuary cities and the obama administration is not fighting. that they fought arizona when they wanted tougher, but when

cities decide to opt out, it doesn't happen. what a lot of people don't know, california is a safrpthuary state. 2013, the legislature passed a law and governor jerry brown passed it and said local law enforcement should not work with ice unless there is a serious felony conviction and in this case it did not happen. >> during the time it was reduced to misdemeanor, the older charges, there was no obligation for to do anything. they made a notice to be notified with this particular defendant. >> i assume he will be tried for murder. another thing that the police chief is angry about. that is the change in california. california is famous for being the three- strike state. but governor jerry brown peeled

back with with three striengs with realignment and transferred authority to local government and voters passed prop 47 that down graded a lot of crimes. and the police chief is blaming that law. we were looking at homeless encampments and they were looking at all of the bike chop shops and complaining about block 47. mr. sanchez had a glock from a car. that is a misdemeanor and not a felony. >> we have had all of the changes and i am glad you are bringing the fact tots audience. marilyn pharis was in our military and in her home and brutually raped and murdered and the suspect will face trial for that. but as a journalist, what are

you trying to accomplish? do you think that there is a message to send out to people in california? they all read you. >> i was opposed to the santhuary city in san francisco and when with the voters understand the changes that are happening in criminal law, the pendulim shifts. and three strikes and people might realize they peeled it back too much. and it doesn't make sense for local law enforcement not to cooperate with ice. they are career criminals. we have a covenant with people expecting they come here legal will erillegal. they should be on best behavior to stay here. and if somebody decides that they are -- >> i hear your frustration and i have to leave it there.

but i hear your frustration and talking about it and explaining the examples of the victims. a young beautiful girl out with her father and a woman a sleep in her house, it becomes too real and i think people will think about it more and i appreciate you sharing your thoughts to us. >> well, put, jamie. >> jon? >> nothing excites an archaeologist in dig nothing a mystery and coming up with clues. what ever happen to america's lost colony. our next guest has been looking for the colony. and what led the team in a new direction. >> and a wildfires. will crews ghet a break from the weather. >> four years and this is the first time it did damage like. that

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>> hi, everyone. we have disturbing new details of a american bride who go with her husband to go to isis. is this the new face of americans joining the terror network. and polls showing who did well and not so well. surprising name in the top tier. and find out whether college football players are allowed to form a union. that and more in the top of the hour. >> scientist could be closer to solving a mystery more than 400 years old here in america. and 100 of the earliest colonist

disappeared from the north carolina coast. archaeologist are dealing 60 miles inland in merry hill. they have artifacts could be there. this came from a brit approximatish museum where a hidden symbol marked the spot. we are joined by the curator of the first colony foundation. welcome, this is an exciting day for you. you revealed some of the information and artifacts that you have uncovered there? >> yes, this is work that is going on for sometime now. and we are feeling confident enough to release some of this information. >> i mean, it made movies about the lost colony and so forth. first english born child born

there. more than 100 people settled on the island in 1587 and then three years later, when the ships that delivered them came back they were gone? >> yes, i am sure they had to leave to find sustenance and ways to provide for ourselves. our theory is they didn't go as a group but probably divided up. it would be difficult to feed 100 people. it would have been difficult. we think they split up and the place we are looking at is an area that the small group settled on. >> the spot involves a hidden message in that treasure map that i referenced earlier that you found in the british museum. tell us about that. >> that was quite exciting. that map that was drawn in the

late 16th century by john white who was the leader of the lost colony has been in the british museum since the 19th century. and no one questioned the patches. >> plugs of paper. >> where it looked like a mistake was made? >> exactly. one of our team and one of the first colony foundation, asked the british museum to see the back of the map. it shoes nothing what so ever. but they back lit it and low and behind a fort showed up undernegotiate. it was incredible. >> that led you to the spot you are digging now. 50 miles to the north and east of where roanoke island is. >> that was what was written in

the records. go 50 miles in the main. that means the mainland. we did surveys back in 2007 and hadn't thought too much of it until the map shoes up and thought wow, we need to look at it again. my speciality is looking at artifacts and giving them dates and context and i saw interesting early, especially ceramics in that direction. >> there is a theory that the native americans didn't want invaders and killed them all? >> yes, there is that? some of the poor colonist may have ended up killed by the native. and that is in the records and palatan the chief who talked to jamestown colonist. i had them wiped out and he

showed them english artifacts he had. whether he was telling the truth or not we don't know. he may have been trying to intimidate theenglish. >> you found artifacts at the new dig site that suggests to you that some of the lost colonists ended up there. >> yes. we found, in particular, two types of ceramic. one is made in the -- on the western coast of england, and it's part of a tall jar that was used to ship dried fish. so that's the kind of vessel that would go on ships going across the ocean. there is no other reason for it to be there unless it were brought by the lost colonists. and the other is a type of ceramic that's found in the south of london, in england. it is the type that's very prominent in london in the 16th century. >> fascinating stuff! bly straube from the roanoke island first colony foundation. thank you! >> you're welcome. >> good luck with your dig.

>> thanks. i've been digging. >> what did you find? 9:00 p.m. on the fox business network. i'm halfway through shooting season 2, which is coming soon.

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right now the u.s. coast guard making history. crews seizing a whopping 34 tons of cocaine from 23 different busts. keeping roughly a billion dollars worth of illegal drugs off our street. all of the drugs unloaded yesterday at the port of san diego. the coast guard says they've also apprehended more than 200 drug smugglers so far this year. well done! >> good for them. foextreme weather. turning streets into rivers in

one neighborhood in colorado springs. the water so powerful it carried away cars as you can see there. we're live from the fox extreme weather center. why can't they have that rain in california right now? >> they need it. the video demonstrates how powerful flooding can be, just carrying your car right down the laneway. let's look at where we're seeing rain. of course, they're into the monsoonal season across the four corners. the potential for more flash flooding across these regions. then we have a front pushing across the east coast. we had almost tropical rainfall across the northeast this morning. people getting soaked on their way in to work. we have a slight risk for hail, damaging winds and flash flooding today along the east coast as that cold front pushes through. a lot of juicy air here. and therefore, the potential for flash flooding as this front continues to slowly creep along here. and then of course the wildfires. one extreme to another. too much rain in one area, and

not enough across the west. jon scott, look at all the wildfires that continue to burn. not moisture where they really need to see it. back to you. >> so sad. janice dean. thank you. >> okay. did the mars rover fly millions of miles to find a date on the red planet? the mysterious image of a woman? they're saying it's a woman. causing a stir on social media. take a closer look. we'll have that next. ♪ when i started at the shelter, i noticed benny right away. i just had to adopt him. he's older so he needs my help all day. ared up we both felt it i took tylenol at first but i had to take 6 pills to get through the day. then my friend said "try aleve".

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time for the final 30. and use your imagination. instead of the man in the moon, the woman on mars has star-gazers buzzing. check out this photo from the mars rover, capturing what looks kind of like a woman in a cloak.

maybe it's a statue from a lost civilization. or maybe it's a rock. >> a cloak? that's so 80s, jon. thank you for joining us, everybody. >> heather nauert is in for gretchen on "the real story." it starts now. >> take care. we start out with a fox news alert. about a young couple in court today in the state of mississippi facing charges that they tried to join isis. they are not what you might expect. i'm heather nauert in for gretchen carlson today. the mississippi couple includes young teenaged woman who is reportedly the daughter of a police officer and her would-be hubbed is a recent college grad. details of their elaborate plan just coming to light as they sat side by side in court earlier today. laura engel is live in our new york city newsroom. laura, this is quite a plan that this young couple had. >> it is indeed, heather. the couple arrested at an airport in mississippi over the weekend for allegedly conspiring to join