at sea. we will bring you the very latest. top secret e-mails found on hillary clinton's private server by federal investigators. >> i am confident i never sent or received any information that was classified at the time that it was sent and received. >> at least two e-mails contained sensitive information. the state department said they were not marked classified when they were sent. clinton also turned over her server to the justice department. the fbi probe expanding to include several of her top aids. >> how big of a problem could this be for hillary's presidential run? fox news contributor and syndicated columnist charles krauthammer said it could be a big one. >> it's not just about trust. >> nothing she says ever is true three weeks later. she says there was nothing classified and i know how to do that. i know the process. p then it was revised to nothing

that at the time was classified. now we are learning she should have known it even if she will claim obviously that she didn't. there's also a rudiment of parsing and cutting with the edges with her husband and herself. that is will pror she cannot escape. >> donald trump is on the campaign trail. trump admits it is almost time to get specific about policy. kristin fisher is live from washington, d.c. with the very latest. >> good morning. trump says he's almost ready to layout specific policy plans, just not quite yet. expect details in the next few weeks. he told this to a crowd of 2,000 at a fundraising dinner last night in michigan. it was the first campaign appearance since the gop debate. besides the controversy he believes he can still win.

he can win the hispanic vote and the women vote. >> i cherish women. i think i will do more for women than hillary can ever do. i thought jeb bush made a horrible mistake when he blew the whole situation on women's health. >> he attacked him for having quote no enemy. jeb bush stayed above the fray. he focused on criticism with hillary clinton in a porn policy speech wednesday night. >> in her record setting travels she stopped by iraq exactly once. who can argue america our friends are safer today than in 2009 when the president and secretary clinton the storied team of rivals took office. so eeing czar to be the history makers they failed to be the

peacemakers. >> rick we aperry's campaign se to be running out of cash. the campaign cash is so tight. certainly not a good development and something to watch. >> many turning into volunteers. appreciate that. 3 minutes after the hour. after we wait for trump to unveil his policy he will have more on the mex dan border and have them pay. >> 10 years ago everybody wanted the wall the democrats and republicans couldn't get it. it's the most incredible thing. mexico is going to pay for it and they are going to be happy about it. was the cost of the ball is peanuts compared to the kind of money they are making. mexico is becoming the new china. they are now. thousands. they are fantastic people. great spirited. their politicians and leaders

are much smarter and sharper and more cunning. they are more cunning than our leaders. >> he plans to keep a ford plant from being built in the country. >> an illegal immigrant could face the death penalty. a stop senator demanding answers wanting to know why he was on the street in the first place. jackie ibanez is here with more. >> they are bringing comparisons to the murder in early july. marilyn ferris was sexually assaulted and beaten while she leapt last month. one suspect victor ramirez an illegal immigrant who was arrested six times in the 15 months before the attack. confusing and conflicting federal immigration policy that allowed him to stay in the country. santa barbara district attorney joyce dudley says the issue will

not affect her case. >> my job and the two prosecuting the case is to look at the charges beyond a reasonable doubt whether someone is immigrant or not immigrant whether they are here lawfully or not lawfully. chuck grassley wants to know why ramirez wasn't tracked more closely. clearly there has been a total breakdown in cooperation between local and federal law enforcement that allowed this alleged killer to be released and despite his lengthy and violent criminal record never reported. hoesy vilagomez and other citizens are charged with murder. the da says getting a death penalty will not be easy. >> just because i file and go with the death penalty school mean the jury will agree with it. we have seen over and over again that doesn't happen in

california. >> they will decide if they will face the death penalty in the hearing. >> five minutes past the hour. the path of jihad, brand new details about two american honor students in mississippi who plan to join isis. under cover fbi agents on-line praising the terror attack that left them dead. what makes you feel better watching the news is a brother carried out an attack against u.s. marines in tennessee. thanks be to god the number of supporters are growing. young the daughter of a police officer had plans of becoming a doctor. somewhere along talong the path that changed. slight into turkey and slip into syria to give medical aid to the injured. both are being held without bond. it was the obama

administration's plan to destroy isis. they are refusing now to fight. this after several rebels are kidnapped by the al qaeda affiliate. the remaining rebels say they were misled by the pentagon. there were only 54 of the rebels left which had tens of thousands of fighters. >> ferguson missouri releasing chilling new surveillance video as a teenager opened fire on them. this protests as the city starting right now. we have the latest for us. >> that could be lifted later today since it was a relatively calm night last night. it was on sunday when authorities say an 18-year-old fired shots at police officers. we have video at the 18-year-old teenager who they say pulled a trigger.

in the video you can see the crowd and tyrone harris is in the white shirt holding the gun. a short time later he unloaded on under cover detectives none of whom were hit. harris was shot and is in critical condition. he is facing four counts of first degree assault on a law enforcement officer. last night as i mentioned there were protests all peaceful. quite a different story when the groups had a lot of out of state protestors clashed they are hoping for more heat in the coming days. they are prepared to step in if there's more violence. >> i think we will be ready and agile enough to respond to whatever we need to in the next few months.

we will move forward from there. some day we won't have to be here any more. they aren't the only one trying to protect ferguson. they are heavily armed walking the street every night. they say they are here protecting the constitution. the police chief or st. louis county has come out and said they are unnecessary and inflammatory at this point. >> patriots quarterback tom brady and roger godell coming face to face to talk about a possible settlement in the deflate gate scandal. they are using under inplated

footballs. claiming the arbitration hearing holding the suspension was unfair. the judge is pushing for the two sides to settle. if there is no agreement today their schedule could be back in court today. >> 10 minutes after the hour. it will be a beautiful day in the northeast. parts of the country will see storms. >> good morning. we are going to be seeingome beautiful areas. pleasant temperatures into this weekend. welcome news after the storm system leaves parts of the east coast. it will be over parts of florida. that's an area they have to watch for showers and storms potentially areas of heavy rain over the next several days. that will be slow moving over there. relatively cool across parts of the great lakes in the 60's. cooler as we head further north

across parts of new england. parts of the south we will be dealing with extreme heat temperatures in the upper 90's. you factor in the humidity and temperatures will feel a lot hotter than what the tehe therm reads out there. in northern minnesota in wisconsin watch out for the storms that could produce storms today. >> it is now 11 minutes after the top of the hour. how did the epa call it a natural disaster. damage control now when this river turns yellow. starting quarterback side lined after a locker room brawl. why his own linebacker broke his jaw. and do you love mcdonalde donal

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>> the head of epa will be there after the spill. >> it is a tragic and unfortunate incident. eastboundi epa is taking responsibility. >> 16 days after waste water began pouring into a pristine river gina mccarthy went on camera and apologized. >> it pains me to no end this is happening. we are committed to a full review of what happened to

ensure it won't happen den. >> people are not machines. they are not perfect. after his tour of the river near durango. the water is noticeably clearer here as the large plume has moved on to this region heavily dependent on agriculture and tourism. it took a much different tone taking on fox news channel for not being more forthcoming. >> it took us more than 24-hours to see what was in the river. >> we cannot have different standards for private industry and for the federal government. we are going to hold them accountable. >> 15 minutes after the hour.

new overnight trouble on the tarmac. a southwest airlines jet skidded off the runway and got stuck in the mud. no passengers were on board at the time. it was being pulled to a maintenance hangar when it collapsed. >> swallowed by the earth. a man drives his truck into a sink hole camouflaged by a pond. the driver was trapped for a short time until police rescued him. >> fears of legionnaires disease hitting north carolina. that's our territory. they shut down a manufacturing plant near rally after routine testing found the bacteria in a cooling tower. it is still unclear if any employees or medicines made in the plant were exposed to the flu like illness. this new scare coming as new york city faces a major legionnaires outbreak leaving 12 people dead.

>> airlines passenger complaints are on the rise. >> lauren simonetti is here now with why there are so many frustrated fliers. lauren? >> airline profits are up and so are customer complaints. the transportation department says in the first half of the year passenger complaints rose by 20 percent with more than 9500 angry fliers calling and e-mailing in. they are fed up with cancellations from sky high fees. get this. verizon wants to make the internet 1,000 times faster than your home connection. which means you can download a 2 hour movie in 8 seconds. they are working on broadband technology that speeds things up by adding new colors of light to the fiber-optic spectrum. doesn't bacon and eggs sound great right now? pay attention to the cost specifically of the bacon.

since april wholesale bacon prices spiked 104 percent. no one is to blame but you. american's love for bacon created demand so big it is pushing prices up. there is good news. retail bacon prices haven't exploded, at least not yet. and mcdonalds has started rolling out the new mobile app. it is focused on coffee to start. so folks in san diego can download the app and you get a free drink after you buy five. mickey d says the app will be available nationally by october. >> thanks so much. it is 19 minutes after the top of the hour. heartbreak for actress kelly rutherford. her kids are taken away once again. why some are now saying she was the one in the wrong. he's a convicted murderer who wants to be a she. you are paying for it. tax funded survey for a transgender inmate. is it a good idea? up next.

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>> good morning. 23 minutes after the hour. brand new photos released overnight of four people wanted in connection of a cruel prank. two people were hurt after someone stood in front of the big screen with a leaf blower that many mistook for a chain saw. investigators believe one suspect paid to get into the theater and opened the emergency exit door to let the others in. and a troubling move by this florida mother. april king was arrested for leaving her young children inside her running car while she went and got drunk inside a sports bar. even worse, she had her 4-year-old blow into a breathalyzer that had been

installed into her car days earlier. king was released from an alcohol rehabilitation service last month. the children are now in custody of a friend. a heartbreaking turn of events in actress kelly rutherford's custody battle. >> when you are a mother you understand you have to make decisions that don't always win you points for popularity. >> a new york judge forcing her to turn over her children and return them back to her bad in monaco. the children ages 6 and 8 had to say good-bye to their mother there at the courthouse and leave the country with their paternal grandmother. rutherford and her ex-husband has been in the bitter custody battle for six years now. they head to court again next month in monaco. >> 28 straight hours. that is how long a wal-mart truck driver was awake when he slammed his 18-wheeler into the back of the comedian tracy morgan's limo. 14 months after the fatal crash on the new jersey turnpike the

ntsb is releasing the findings revealing the driver kevin roper's fatigue is the main cause of the accident. >> 25 minutes after the hour time to brew on this. california is the first state in the snags to pay for a convicted criminal to get a sex change. >> officials say shiloh just originally jailed in 1980 as rodney suffers from severe gender dismore of yaw. the only treatment is surgery to match her physical body to her psychological gender. >> waiting until she gets out of prison isn't an option because she faces a life sentence for murder. the surgery will cost between 15,000 and 25,000 dollars. >> we want to know should you the tax payer be on the hook for that surgery? >> send us your comments on facebook, twitter or send us an email at foxfriendsfirst@foxnews.com. we will be sharing those later

in the show. >> it is 25 minutes after the top of the hour. a major magazine's disgusting take on the pow flag. why news week says it is endoursing slavery? >> the feds have a few keys o - few questions for kim kardashian over this selfie. do you want to know how hard it can be to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema. spiriva is a once-daily inhaled copd maintenance treatment that helps open my airways for a full 24 hours. spiriva helps me breathe easier. spiriva respimat does not replace rescue inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate.

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>> big news in the hillary clinton e-mail scandal. she said she had no classified information. she was right it wasn't just classified it was top secret. his own linebacker breaking his jaw. we are live with the fallout.

>> channing tatum paying tribute to a fallen hero. fox and friends first continues right now. >> welcome to "fox & friends first". i am anna kooiman wiin for heatr childers. >> i am ainsley earhardt. a helicopter crashed off the coast of japan. >> it happened about 20 miles away from the candena air base on okinawa. three crew members have been rescued but two others missing at this hour. the japanese coast guard is patrolling by air hoping to spot them. >> this comes despite repeated denials of the 2016 presidential candidat candidate. >> doug luzader has the details. >> it is not clear what if

anything is left on the server. the fact that hillary clinton has now turned it over represents a huge reversal. fox news learned from a source that some of that classified information that passed through the clinton server included government mapping data linked to the cia and determined to be top secret. some of the e-mails according to an inspector general were classified at the time they were sent. that's key creating a potential problem for clinton who repeatedly denied using her system for that purpose. >> i am confident that i never sent or received any information classified at the time it was sent and received. >> clinton signed a statement to a judge that she turned over all of her official e-mails but many were personal. she deleted some 0,000 of them.

republicans were quick to jump on this with house speaker boehner saying it's about time. the previous statements were patently untrue. her miss handling of classified information must be investigated. it is not clear what impact aany of this will have on her campaign. she repains the national frontrunner but recent polls say she has a trust deficit with voters. >> doug luzader live from washington. thanks, doug. >> donald trump is back on the campaign trail while he is teasing his policy stance we will have to wait a few weeks for specifics. kristin fisher is live with the latest from washington. >> makes the first appearance since the gop debate. it happened at a fundraising dinner in michigan where he told a crowd of more than 2,000 despite all of the controversy he believes he can still win.

he offered no apologies. he even doubled down on his pledge to build a wall along our southern border. >> mexico is going to pay for the wall. they are going to be happy about it. bausz the cost of the wall is peanuts compared to the kind of money they are making. mexico is becoming the new china. china has no respect for president obama whatsoever. they devalue their currency. they have been doing it for years. this isn't just starting. this was the largest devaluation the had in two decades. they think we are run by a bunch of idiots and what is going on with china is unbelievable. >> he spent part of the speech attacking his opponent including jeb bush. jeb bush stayed above the fray and focused his criticism on hillary clinton in a foreign policy speech delivered last night. specifically he attacked her record in iraq as secretary of state. >> it was a case of blind haze

to get out. to call the tragic consequences somebody else's problem. rushing away from danger can be every bit as unwise as rushing into danger and the costs have been grievous. >> something else to keep an eye on in the gop field. rick per reese campaign is running so low on cash it stopped paying staffers. any time you are hearing reports about a campaign running out of cash, not a good sign. >> kristin, thank you so much. 34 minutes after the hour. illegal immigrants charged with murdering an air force veteran in california could face a death penalty. a top senator is demanding answers wanting to know why he was on the street in the first place. jackie ibanez joins us live with the developments. >> 64-year-old maryland ferris sexually assaulted and beaten by two men who broke into her home while she slept last month.

one person is a illegal immigrant. ramirez was arrested six times confusing immigration policies allowed him to stay in the country. santa barbara district attorney joys dudley says it will not effect her case. >> my job prosecuting the case is to prove the charges of special allegations beyond a reasonable doubt whether someone is an immigrant or not an immigrant whether they are here lawfully or not lawfully. >> it is firing up judge grassly. he wants to know why he wasn't tracked more closely. writing a letter to jay johnson clearly there has been a total breakdown in cooperation between local and federal law enforcement that allowed the i a alleged killer to be released. ramirez and the other suspect are charged with murder. dudley says she will decide if they will face the death penalty

after tomorrow's preliminary hearing. >> all right jackie ibanez. >> from homecoming court to the path of jihad. brand new details about the two american honor students in mississippi who planned to go. they had messages with under cover offices. it left navy marines and people dead. a brother carrying out an attack against u.s. marines in tennessee. thanks be to god the numbers of supporters are growing. young the daughter of a police officer had planned on becoming a doctor. somewhere along the way the path changed and she p wanted to marry this guy her boyfriend and fly to turkey and slip into syria to give medical aid to those that are injured. both are being held without bond. >> the flag honoring our missing american heros is under fire.

rick pearl stein calls the pow mia flag racist and compares it to the confederate flag. pow mia was justified to kill natives and make our soldiers seem like victims. it smothers the reality of what really happened in vietnam. we have come to our senses about the other banner of lies it is time to do the same with this. >> a touching tribute from hollywood. one of the heros paid the ultimate sacrifice. it is now going viral. >> after channing tatum posting this picture of u.s. army sergeant and green bau ray peter mccana. >> he writes i want to offer my deepest condolences to the family of peter andrew mckenna a brave soldier we had the honor of meeting in afghanistan. let's always remember to thank

the men and women who serve this country and so often sacrifice their own lives for ours. >> this is the 35-year-old 6th tour of duty. >> very nice of him. >> on a difrment note, it will be a beautiful day across the northeast. >> some are seeing storms. maria molina is in the tracking center. >> good morning heather and ainsley. we are tracking a frost that has pretty much cleared already most of the east coast. quieter weather out there from the northeast to the southeast. the exception will be over parts of florida. that is where you will be seeing the showers and storms firing up over the frontal boundary. further west across the rockies that moisture continues streaming in, more showers more storms forecast through out the day today out there. temperature wise relatively cool especially across new england and the great lakes. seeing the temperatures in the 50's and 60's. across parts of the south you will be really heating up especially across texas and louisiana. temperatures widespread into the

90's and triple digits. factor in the humidity and heat index values could potentially reach 110 degrees. because of that we have concern for heat related diseases. we have heat advisories that have been issued out across those areas. otherwise further off to the north across minnesota, wisconsin, eastern north dakota you have a risk for strong and severe storms. there is a marginal risk in place out there. main concern damaging wind gusts and large hail. let's head over to you. >> thank you maria. >> 39 minutes after the hour the jets starting quarterback side lined after a locker room brawl. his own linebacker breaking his jaw. >> the feds have a few questions for kim kardashian about that selfie right there. why the fda is demanding answers. >> several selfies making headlines. in a school magic show really turns magical for this military kid. her parents are about to pop out of that puck.

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are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. visit humira.com and talk to your rheumatologist. humira. this is a body of proof! >> let's get up and get moving and grooving. welcome to "fox & friends first". 33 minutes after the hour. it is the foot brawl that everybody is talking about. new york jets quarterback side lined for several weeks after being punched in the jaw by his teammate. good morning to you robert.

>> good morning. the pat benatar music was appropriate. they haven't played one single second yet. >> he punched starting quarterback jean no smith yesterday in the locker room without warning. that punch broke smith' that will require surgery. he is out 6-10 weeks. reports say he owed him 600 bucks that the linebacker sent it. he went to instagram anden said i will be back. he didn't seem at all happy. >> you have to live with the results. >> he released a statement saying geno and i let it get the

best of us. i deeply regret and apologize for my actions. i didn't intend to harm any one. harm he did. that is the latest. a family facing jail time over that right there, their playground. neighbors don't like the color. the home oownehomeowner's assocs they must take it down. the rules are against being in harmony over other neighborhoods. it has been in the family for two years. >> drop it, say you are sorry and move on. find better things to spend my money on. >> the stout family is not backing down. they have hired an attorney. >> anna?

>> ainsley, edible pot products could be less appealing to kids in colorado. the state unveiled a new rule that would not only label the edible products with a red stop sign but would also ban the word candy from being used. the new rules will face a public hearing before officially being adopted. kim kardashian facing a major backlash because of recent posts on her social media. cheryl casone is here with why the reality star is in trouble with the feds. >> the backlash does continue. federal officials are accusing her of putting on facebook for a drug for morning sickness. have you heard about this. as you know my morning sickness has been pretty bad. i have tried everything, changing things about my life style but nothing helped.

so i talked to my doctor. he prescribed me this and i feel a lot better. i am so excited and happy with the results i am partnering to raise awareness about treating morning sickness. the fda her post on instagram, twitter and facebook all be removed. she was paid for the selfie she posted praising this drug. the agency sent a letter to the company saying the posts were quote misleading and it presents claims but fails to communicate the risks associated with the drug. posting to millions of fans about this risk she is in violation. there you go. back to you. >> wow. interesting. cheryl casone live for us at the studio. thanks, cheryl. to find cheryl on the fox business network go to foxbusiness.com/channelfinder. >> a pop star cancelling her world tour for a sickness.

>> he was driving high and took a selfie for twith the cop. >> you have to hear how it all went down. >> first steve doocy coming up on "fox & friends." >> donald trump riles up the crowd on the road but will the proposals really work. what he said last night in michigan. hillary rodham clinton now losing to billy sanders in an unprecedented new poll. she is losing by a lot. ray kelly will be here talking about how blue lives matter. dr. ben carson doing very well in the presidential polls, he will be here live. the youngest mayor elected at 3 years old on a campaign of, ice cream for everybody. how does that work? apparently pretty well. it kicks off 12 minutes from right now on fox news channel. "fox & friend "fox & friends first" continues in two minutes.

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a heart breaking turn of events. actress kelly rutherford's battle, a new york judge forcing her to turn over her children who are u.s. dozens to live with their father in monday aco. the children had to leave the country immediately. rutherford was supposed to return them last week after a summer visit. she and her ex-husband have been in this bitter custody battle for several years now. rutherford wants to know why her kids are being made to live in monaco. let's discuss this case. was she wrong to defy the judge's first order?

megan trainer just canceled the rest of her north american tour. ♪ ♪ >> i hate to hear this. this is after suffering a vocal cord hemorrhage and plans to get surgery. back in july, she had to postpone shows because of a similar injury. daredevil nik wallenda accomplishing another first. he successfully completed the longest high wire walk ever over the milwaukee mile. >> his death defying walk took about 40 minutes to finish. he was cheered by wisconsin fairgoers cheering below. >> it is now 3 -- 53 minutes after the top of the hour.

he's a convicted murder who wants to be a she. you are paying for it. taxpay taxpayer-funded surgery. one of the queens guards goes down. the fall now going viral. ♪ ♪ ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on

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57 minutes after the hour, before you leave the house, here's what's happening today. top secret emails just

discovered on hillary clinton's private server. federal investigators say at least two emails contain sensitive information. the server now in the hands of the justice department. and the head of the epa heading to colorado and new mexico nearly a week after crews spilled 3 million gallons of toxic waste into the amimus river. and tom brady coming face-to-face with roger goodell in a new york courtroom over deflaet gate. the two are expected to talk about a possible settlement at the urging of the judge. it is time for your brew on this responses. california is the first state in the nation to pay for a convicted criminal to get a sex change. >> officials say that shiloh quine suffers from severe gender

disphoria. the surgery should cost at $25,000. >> should you be in on the hook for that. >> absolutely not. if a crime is committed by a male, then the time should be served as a male. >> not the responsibility of the taxpayers to foot the bill. >> to say that this is necessary surgery is ludicrous. this is a total waste of taxpayer money. stop the insanity. now it's time for the good, the bad, and the ugly. the magician pull off the ultimate strik for one -- trick for one little girl at school. that is julia woodburn in the box surprising her daughter addison. that's not all. her father brian disguised as the assistant. her parents had been deployed in kuwait for nearly a year. this is not the kind of selfie you want to take. she takes a self ooe while being tested for drugs at the police

station. eventually charged with ui. and the ugly, this is not what you expect from one of those professional guards outs the -- outside the buckingham palace. one falls in front of tourists in front of snapping cameras. "fox & friends" starts right now. good morning to you at home. today is wednesday, august 12th, i'm elisabeth hasselbeck. a fox news alert now. hillary clinton forced to surrender her personnel email server amid reports that it had top secret information on it. did she put our national security at risk? the news already causing her campaign, as bernie sanders takes the lead. >> oh, boy. we all know donald trump wrote "the art of the deal" but did you know this? >> that's my second favorite book of all time. you know what my first is? the bible!