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! >> let's hear it for the bible.

>> my favorite book too. >> more from the donald on the road as he riels up the crowd in michigan in his first speech since the big debate. >> then does this flag offend you? one man says the prisoner of war and missing in action flag is racist and needs to go. wait until you hear why. get ready. mornings are better with friends. ♪ ♪ good thing that hillary clinton email scandal is behind her this way she could focus on her campaign and go straight ahead. >> it's all working out so well for her. >> it's so glad she put that to rest a month ago. >> this is what happens when you are forthcoming a a month. it keeps coming and coming. >> she said she would never turn it over. yesterday, she turned it over. >> we started with a fox news alert, top secret emails have

been found on her private email server and she's turning it over. >> she just turned it over to the justice department but the issues only begin there. >> no kidding. kristen fisher is live in d.c. with the very latest. >> not only did some of these emails on her private server contain classified information but now it turns out that they contained top secret information. that's one level up. granted these email were all retroactively classified, it did show that it contained material more sensitive than previously thought. this is all from the inspector general for the intelligence committee to notified senior members of congress about this yesterday. hours later, clinton did something critics have been calling for ever since the story broke. she told her aides to hand that server over to the justice department. the question is is there anything left on the server, what's left, what's deleted, the simple fact that she finally turned it over to the justice

department is a pretty big reversal. all of this, and bernie sanders is beating hillary clinton in new hampshire 44% to 47%. this is a big deal because it's the first time sanders has ever been ahead of the democratic frontrunner. back to you. we thank you very much for that. you know what, if there is a smoking gun somewhere, there's a real good possibility that now the department of justice has the box with it in there, and the big question is will this department of justice go ahead and fully prosecute because keep in mind she had unauthorized for a home server top secret topics which was a direct violation of the u.s. laws. it's the same thag that david petraeus pleaded guilty to. he had the same stuff at his house. she had at

it at her house. she ran him up the flag pole. will they do the same with her? >> bernie sanders rocking up the crowd. 28,000 showed up at his recent event in portland, oregon. 15,000 in seattle. he's crushing it. do they realize that he wants them to put 80% of their money in a socialist bowl? >> let's go back to hillary clinton for a second. are regoing to find out about the 30,000 emails she self-decided not to turn over and we're going to take a look because the composite showed classified material. a quick look showed classified material. now they are going to take an expansive look of what was

there. are we going to get the ultimate of, hey, i'm 67 years old, i'm not tech savvy, i don't really know what email i was on. the thing that outed her was the benghazi investigation, because then it got tangential into what else is involved in this. they realized there was correspondence not handed over. >> they looked at 40 random emails and found that four were suspicious. that's four in 40. that's 10%! and then they find out, what is this? classified? it was super top secret and it was stuff from the cia. it was satellite imagery, it was stuff she should not have had on her home computer but she did. the big question is what happens now. not good for hillary clinton if they find a lot of stuff open -- on there that simply is against the law for her to own at home. >> donald trump took to michigan

at one of the first nhl ice rinks. he didn't take any time breaking the ice there. this is what he had to say. >> i only care about one thing. making america great again. that's all i care about. you got to be able to get along. you got to make deals. we can't always sign executive orders. the country wasn't based on executive orders. you got to get the deal. hold that book up, please. okay. one of the great ones. that's my second favorite book of all time. you know what my first is? the bible! we have a guy named kerry, i think he's actually a nice guy. he's 73 years old. he goes into a bicycle race and he breaks his leg. i promise you that i will never enter a bicycle race during a major negotiation. the american dream is dead but i'm going to make it bigger and better and stronger than ever before. okay? one of the thing we have to do

is build up our military so strong and so powerful, this country is going to be great again. we are going to make this country so strong, so powerful, you are going to be so proud to be a citizen of the united states. we're going to save social security. you are going to love president trump. thank you very much, everybody. thank you, thank you. >> he had impressive availability before that speech. >> 120,000 people pack that arena. >> they were selling a ton of tickets. meanwhile, this morning, as folks are waking up, first in the nation caucus is in iowa and once again, according to suffolk university poll, mr. trump is in

the lead. scott walker has fallen into second place. marco rubio has about the same neighborhood, but the big news is ben carson has moved up substantially. he's now at 9%, followed by ted cruz. >> he's going to be joining us, dr. ben carson at 7:15 today. you are not going to want to miss that. >> and donald trump he's in front in another poll with 18%, followed by jeb bush and john kasich. >> we're going to take a quick time-out. we got some news headlines. let's start with military news coming in from overseas. fox news alert, a u.s. army helicopter has a crash on the deck of a ship of japan. the u.s. military referring to it's a hard landing. it's still on board the ship.

it happened about 20 miles away from the kadena airspace in okinawa. six have been hurt and transferred to the u.s. naval hospital at camp foster. they were conducting a local training mission at the time. this information just coming in. an illegal i am grant charged with brutally murdering an air force veteran in california could now face the death penalty. victor ramirez is one of two men accused of breaking into her home last month, sexually assaulting her and beating her with a hammer. they were both charged with murder. the head of the epa headed to colorado and new mexico today a week after crews spilled 3 million gallons of toxic waste into the animas river.

the agency says it's taking full responsibility for that accident. the river now losing that orangish yellowish colors as the toxins start to dilute. it is the football that has everybody talking this morning. jean know smith has been side lined for several weeks after he was sucker punched by his own teammate. the jets head coach is upset. >> i thought it was childish in a way and it was stupid, but we got to live with the results. >> the back-up linebacker who punched smith has been released. smith will now need surgery for his broken jaw and those are your headlines. >> what idiots. total idiots. we're going to talk about this in a little while. >> just a clarification, a moment ago, we talk about the suffolk university poll in iowa,

and we showed ted cruz was in 7%. we did not show that carly fiorina is also tied at 7%. >> you guys see the pow flag flying. it was an opportunity for americans to realize there are still americans missing in action. there could be americans still being held in vietnam. >> there's one person who disagrees with you. his name is rick pearl sten. you know that racist flag? >> this was originally published in the washington spectator and news week repbled it and what's

interesting about that, he says the flag is racist but never has he mentions it in that line does he explain how it's racist. then he goes on to talk about a poster of the movie deer hunter. >> says it was by nixon to justify action in vietnam. >> obviously, there is missing service personnel in every war and it's kind of a crazy thing. as soon as it was posted. there were heads exploding all over the internet. it's like what this guy is talking about? how is it racist and for him to equate him to essentially the confederate flag it's got to come down, you see that email. when you look at that flag, it is black and it's white, but do you think it's racist and should be taken from in front of city hall here in new york city? >> just another reason not to read "newsweek." just to understand, you are missing stuff like this.

>> donald trump says his strategy to defeat isis is plain and simple. >> we knock the hell out of them. take the oil. we thereby take their wealth. >> will knocking the hell out of them actually work. and they say it's the best way to a man's heart is through his stomach. that could also go for women too? coming up next. ♪ ♪ ♪ i sure had a lot on my mind when i got out of the hospital after a dvt blood clot. what about my family? my li'l buddy? and what if this happened again? i was given warfarin in the hospital but i wondered if this was the right treatment for me. then my doctor told me about eliquis. eliquis treats dvt and pe blood clots and reduces the risk of them happening again.

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♪ ♪ ♪ well, donald trump announces his strategy to take out isis and it all starts with money and oil. >> cut them off with a getting their wealth. cut them off at their oil. i didn't want to go there in the first place. we take the oil. we should have kept the oil. we good in. knock the hell out of them. take their oil. we take their wealth. >> will that work? pete, what do you think? >> well, he's part right, part wrong. it will work in a sense in that the initial invasion -- we took the lid off of it and china and others rushed in and got the oil

contracts out of it. we get rid of saddam, they get the oil contracts. that's wrong. that never should have happened. he's right there. at the end of the day, oil isn't enough to decapitate isis. that's one part of what they do. iraq and isis are two different entities. iraq the state we want to be viable. they have contracts we really can't change although we could if we get rid of isis. isis, as a matter of fact, we need to go bombing and go after their oil assets. the administration is already trying that but not very effectively. >> you go out into the places where you don't think they are going to be dislodged. we understand the aggression and lack of aggression. jeb bush went on and spoke about iraq and how this administration dropped the ball on his brother's victory. >> that premature withdrawal was the fatal error creating the void that isis filled.

where was the secretary of state? so eager to be the history makers, they failed to be the peacemakers. [ applause ] >> it was a case of blind haste to get out and to call the tragic consequences somebody else's problem. rushing away from danger can be as every bit as unwise as rushing into danger and the costs have been grievous. >> is he right? >> he is exactly right. because we didn't see it through enormous downside. isis, everything else, collateral damage because of this. donald trump wouldn't have to be saying what he's saying right now if we had followed through. we had a real opportunity for an ally in the middle east, something we can kill for right now, something other than a dictator or an islamist. they never tried to work with

maliki, it was never a priority for them. as a result it was chaos and hillary clinton needs to own that. >> the president ran in 2012, saying they had peace in iraq, one of their greatest achievements. >> they called it one of their greatest achievements. they were saying we closed it down. closing down wasn't effective. what was effective was the surge, was the military solution that brought about those conditions. that's what jeb bush is talking about and that's exactly what donald trump is speaking to. strength brings a good outcome. you retreat, it brings chaos. >> they call isis the j.v. and now they have most of iraq in the north. 20 minutes now after the top of hour. this woman busted after using her kids to p past a breath

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♪ ♪ quick headlines now. presidential candidate jim gilmore could be missing the september 10th republican debate if he can't increase his standings in the polls. he was not included in the viegsess -- invitation sent out by nancy raegan. it's very likely russian and chinese hackers are very likely reading kerry's emails. >> it's very possible.

there's no way for me and i certainly write things with that awareness. >> he also says cyber warfare is like the wild west right now. no longer thought of as bald move. there has been a 27% increase in hair transplants in 2012. inspired by speculation over celebrities who may have gotten procedures, including tom brady, lebron james and kevin costner. some celebrities have spoken out like 29-year-old soccer star wayne rooney. just to confirm i've had a hair transplant. i was going bald at 25. why not? i'm delighted with the results. >> here with the facts, dr. mark seegal. >> you are going to break down some fact and fiction for us.

what do we need to know. >> number one, hats can cause baldness. >> is it true or false? >> i say true. not enough hair. >> i've heard it a million times. it's not true. >> is it a fact? >> it's fiction. hats cannot cause baldness. there's something called traction alopecia. steve, you were pointing out if you wearing a dirty hat, you can get the hair infected and it will fall out. that's true. >> if you are going to wear a hat, put it in the washer every once and a while. overshampooing or brushing can cause you to lose your hair? >> brushing, yes, maybe, it pulls it out. i don't know. >> i will say fiction. >> true. >> it's fiction.

same thing as the first one. it doesn't give you enough traction -- it's actually good for your hair. >> does it stimulate hair growth. >> if you pull it out, it comes back? >> i learned that on the bradys. >> you get more and more hair. third one, hair loss is genetic, true or false? >> fact. >> it's absolutely fact. you guys are right. there's a study out of germany that shows most of it comes from your x chromosome that you get from your mother, if your mother's father is bald, you might be likely to be bald. steve, your family? >> my father's side, all bald guys, my mother's side, thick hair. >> there you go. i think you have a pred he --

did -- predel kri -- predilectoon for bald nction. >> there's a 27% increase of hair transplants in the last year. one follicle at a time under a microscope, it's very expensive. 5 to 20,000 for one procedure if you can afford it. it's absolutely terrific. other options, if that doesn't work, are row gain which you rub on your scalp or a pill you can take which has side effects. we should ask our viewers whether some of our talent get hair transplants. >> you got great hair. >> steve has never had any procedures done whatsoever.

he's as pure as the driven snow. >> i love you all exactly as you are. >> thank you very much. >> if you are bald, you can fix it. coming up next, a transgender prison inmate serving life for murder gets awarded sex reassignment surgery and guess who is paying for it? you, the taxpayer. and everybody loves legos but few people understand why the world is obsessed with these tiny plastic building blocks. a film maker wanted to find out the answer to that. he joins us live and those kids coming up. first, happy birthday to actor jim beaver. he is age 65. when a moment spontaneously turns romantic, why pause to take a pill? and why stop what you're doing to find a bathroom?

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♪ ♪ is there any better shot of the morning ever? it's a bunch of kids and their dream has come true. lays potato chips making the classic human claw arcade game. it has come to live. >> this is incredible. this is a dream come true. you can see a kid attached to a harness. >> this kid got away with an harmful of loot. the clip going viral. there you have children being toted around inside a tent. >> i wasted so many tokens on that machine. one mom in hot water, leaving her two young children in a hot car while she was getting drunk at the bar. it only gets worse from there. anna kooiman joins us live with the details. >> it does get worse.

the story is troubling. april king now locked up and facing child neglect charges. she was getting drunk inside of a florida sports bar while her two and four-year-old children were alone inside her running ford escape. a concerned manager saw what was happening and called police. i have a lady that just came in and sat down at my bar and her kids in the car with the a.c. running. he looks like he's about two or three years old. >> this dashcam just released shows an even more disturbing scene. she's having her four-year-old to blow into a beth a -- breath alieser to get the car to start. >> this is not her first offense. authorities say she's had prior duis and just released from an alcohol rehabilitation facility last month. king's mother is keeping watch of the kids while her daughter remains in jail without bond. >> that is a terrible story.

>> why does this keep happening? it seems this year more than any other year this is happening with kids being left in cars. >> thank goodness that person from the bar called in. we have a fox news alert. good morning to you. good morning, everyone. protests remaining mostly peaceful in ferguson, missouri. a smaller crowd gathering in the streets continuing to mark the one-year anniversary of the death of michael brown. police released this video, showing tyrone harris pulling a gun from his waistband. he was shot by cops. he now faces 10 felony charges. isis hackers leaking the supposed personnel data of more than 1,000 u.s. military members on line. the group calling itself the islamic state hacking division, using at which timers to post

addressing of marine and other military officials. it calls for lone wolf attacks in the united states. the department of defense says it is aware of the claimed hack but no confirmation. officials say that convicted murder shiloh queen who was originally jailed back in 1980 as rodney queen suffers from severe gender dysphoria. the only way for her to be treated is by getting surgery that would match her physical body to her psychological gender and waiting until she's out of prison is not an option because she's serving a life sentence without parole. the surgery could cost taxpayers $25,000. if you are looking for love, you might want to make sure you have a full belly. >> can i have the rest of my

risotta wrapped? these truffles are amazing. >> women are more interested in romance if they will a -- they have a full belly. hunger also changes who we find attractive and those are your headlines. confused. was liz lemon in that clip, was she more interested in the fact because she was oaking the -- soaking the guy because it was expensive or because it was filling. >> they were a married couple and the date goes terribly wrong. thens you have the story. now, it's time to change to the weather. an extreme weather at that. take a look at this funnel cloud spotted in denver following severe storms yesterday. tornado warnings were out and there are no confirmed twisters at this time. let's head outside to maria molina. >> it's going to stay beautiful

across the northeast for at least this weekend. very pleasant temperatures. we did have that storm system yesterday roll through parts of the eastern u.s., bringing in a lot of rain, but drier conditions behind that system not only in the northeast but even as you head farther south across the southeast, the exception will be across parts of florida where you are going to have showers and storms as that frontal boundary isn't going to be quick to move out of there and across parts of the rockies you have showers and storms out there, with a lot of monsoonal moisture that's typical this time of year. >> parts of the south, you are looking very hot. the concern is also you have a lot of humidity in the air so it makes it feel hotter than the thermometer reads. later on this afternoon, the city of dallas is going to feel like 100 degrees, and we have heat advisories that have been issued in the areas. north dakota, south dakota, and extreme northern wisconsin, you are going to see storms today

and they have the risk to produce damaging windgusts. stay safe out there. let's head back inside. ♪ ♪ i spent over six figures annually just on legos. >> it's the way people express themselves. >> it's not what's on front of the box. you can create whatever you want out of this toy. >> we saw a great potential. >> i wanted to create a lego architecture. >> wow, nearly 760 billion legos has been manufactured since it was invented back in 1932. there are more than 915 million possible combinations and why is legos so great. you are down there with the finest kids in america. why do kids age 2 to 99 love it? >> why do you love legos so much?

>> c.j., do you love legos? >> yeah. >> we're going to work on some of those 915 million combinations down here while you introduce gabe. >> this is excellent. this is a brickumentary about legos? >> yes. these kids are jaden, cheyenne, and kenley, we have emma and zanea. what's brick fest? >> it's a nationwide lego fan festival. we bring in 10 to 20,000 people in these cities and they come out and hang out with us and they play with lego like they have never done before. >> i used to make a chimney and i thought i accomplished something as a child. what is the genius of lego? >> lego, it was in fact, the brick that you see today was created back in 1958, and by

1963, the son of the founder realized that, hey, we have a brick that's universal, that's good for boys, girls, that's quality play time, and, you know, actually parents love it because kids can sit there by themselves and bl and create and really just do these amazing things. they don't realize they are learning. >> you can register to be a member of a lego fan club, correct? >> we have something called brick swag, it's a monthly membership. you get amazing things every month. you get a unique t-shirt, funky cards with things to build. >> what are they learning when they are doing that? >> as a parent, i feel like i'm doing my job, i inspire them to do something absolutely amazing they spent a lot of time in electronics and any time that gets them away from some of the really cool things that i also love and inspire them to build

something with their hands, i feel like i'm doing a great job as a parent. >> isn't it addicting, elisabeth? >> don't break my focus. c.j. was telling me how to make a wheel and how to get the littleasm zel -- axel going in there. >> what are you making? >> i'm jaden and i'm making a word lego out of brikeds. >> he's making the word lego. it's the genius thing and it started out so simply. great work, guys. >> we see things every show, things that i'm mazed with. these kids and parents. when you put lego in front of people, they can't help but to put their hands on something and build something. >> you can get ready to go back to school in three weeks. he's the only president in the united states to resign in

disgrace. >> i shall resign the presidency effective at noon today. >> the next guest says he isn't a crook the aall, he's the victim and america owes him a huge apology. he's the cutest mayor and youngest, meet three-year-old james tough and his six-year-old brother. >> i bet he loves lego. >> i'm sure he does. ♪ ♪ ♪

. . . p . . . . . .

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no problem. la quinta inns & suites is ready for you, so you'll be ready for business. the ready for you alert, only at lq.com. laquinta! >> it was a moment in american history that still lives to this day. >> i shall resign the presidency effective at noon tomorrow. >> okay. we remember that from history but our next guest says new

documents tell a completely different tale about the watergate scandal that brought down richard nixon and the country owes nixon an apology. jack shepard and a former whitehouse aide. the author of a book "the real watergate scandal." >> a lot of people, when they look back at watergate, they think, okay, we've got nixon in trouble was the fact that he was involved in a cover-up and it was caught on tape. but you say there's much more to it than that. there is. >> there's been a total misunderstanding and a total hype by the democrats. the real watergate scandal is the trashing of our constitution and the successful effort to drive him out of the office and realign political power without the inconvenience of an election. >> something you cite is the

trial judge would have back door meetings with the prosecutors. >> yes. it's hugely shocking. it's unknown in judicial history that the judge was meeting secretly with the prosecutors to work things out in advance of the trials. >> so you also say the smoking gun tape is misunderstood. explain what conventional wisdom is and back story. >> absolutely. i was there. i'm the nirned to hear it. i prepared the official transcript. we understood its meaning. nixon is very clear on tape, concurring with the idea of getting the cia to tell the fbi not to interview two witnesses, open and shut. appeared to be open and shut obstruction of justice, but it turns out they were trying to protect the identities of major democratic donors. that's all they were trying to do. we misunderstood and they thought it was obstruction of justice. >> isn't it evidence that the president of still involved in a

cover-up of some sort? >> not really. there's no guilty intent. there's nothing wrong with -- there's no legal reason for the identities of these two, two or three democratic people to become public. that's not part of watergate. >> you are saying that had richard nixon hung on rather than resigned, he probably would have been exonerated. >> no. it's not a term we use in political scandals. we no have had to resign. that's what john dean said last year in his book. he said that there was a total misunderstanding of the smoking gun. had nixon realized what really was happening, he wouldn't have had to resign and he might have lived again to fight another day. >> who owes him an apology. >> the nation owes him an apology. the nation was suckered into by lies my democrat--.

>> the real watergate scandal is the name of the brand-new book by jeff shepard. >> coming up, you saw the video, bernie sanders getting shut down on on stage. right? >> we are trying to be reasonable. we are trying to be reasonable. we are trying -- >> where's the reasonable part? wait until you hear what donald trump said about that exchange. he's the cutest mayor in america. he's also the youngest. meet 3-year-old james and his political advisor, his older brother who's 6. they join us live next. looks like mom is there too. ♪ ♪

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you were you are about to meet america's youngest mayor, elected at the age of three. >> james just won the election in minnesota, population 22, with a campaign promise of free ice cream for everyone. joining us right now mayor james tu tuffss, his brother and mom. congratulations. >> you promised everybody free ice cream. why? what a cool idea. that about says it all that smile. that's the secret to winning this election. >> james, who's idea was that,

the free ice cream? >> you know, it was his idea. i don't know that it's feasible, but it was his idea. >> how fun. bobby, you were the mayor twice before. you couldn't run again. why are you the campaign manager for your brother? >> he didn't know much at first. >> how did you tell him to be a good mayor? what did you tell him? >> i told him don't be mean. no poopy talk. and don't hit people. >> right. >> great words to live by. >> that's what steve says to me before every show. it certainly worked for me. emma, how proud of you of these two men? >> they're pretty awesome. we're proud for sure. >> right. according to the monitor, you just yawned. i know you're a little tired. what are you doing after this interview?

>> going tubing. >> what better way to celebrate summer. >> was that a form of a bribe? >> was that a bribe? >> what's that mean? >> in order for you can -- without the tubing, would you be here? >> um, i don't know. >> well, that's honest. we like a good, honest politician and wasn't that doesn't know what a bribe is. you passed our test. you wanted to lift the town's spirit after a restaurant burned down before bobby was elected. james, you're picking up where he left off. we love your campaign and election. have fun tubing. >> what's special about your town? >> well, it's restaurant capital of the world. small town, family environment. it's more of a family than a town. >> that's great.

emma, james, bobby, thanks for joining us. good luck tubing. i want to see photos. bye guys. >> have fun. >> thank you. >> congratulations. coming up next, judges napolitano on the growing e-mail scandal. what he has to say will surprise you. and 2% back at the grocery store. even before he got 3% back on gas. kenny used his bankamericard cash rewards credit card to join the wednesday night league. because he loves to play hoops. not jump through them. that's the excitement of rewarding connections. apply online or at a bank of america near you. across america, people are their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar, but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills, and comes in a pen. victoza is proven to lower blood sugar and a1c.

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good morning to you. today is wednesday, august 12th. i'm elisabeth hasselbeck. this is a fox news alert for you. hillary clinton hands over her personal e-mail server, amid reports it had top secret information on it. did she put our national security at risk? judge napolitano says she has grave legal problems now, and he is here live. >> that is the definition of a developing breaking story. and this -- the black lives matter protestors shutting down candidates across the country. did you think that would happen to the donald? >> i would never give up my microphone. that was disgusting.

that showed weakness. >> more from the trumpster back on the stumpster ahead. >> okay mr. dumpster. and it was the proposal a lifetime. >> that wounded warrior who lost his legs in battle proposes in front of friends, family, and two u.s. presidents, the bush's. the happy couple join us live this hour to tell us their story. it's terrific. live from new york city, this is "fox & friends." ♪ that's a tribute to judge coming up the, bon jovi.

that's the music. not only looking forward to joining the judge, dr. ben carson is here. anyone that's personification consistency, it's him. >> he's number four in iowa now. can't wait to speak to him about what's happening. s the a fox news alert now. new information in the e-mail scandal. she will relinquish her personal e-mail server. joining us now, senior analyst, judge napolitano. this is so big you called it a grave situation for hillary clinton's legal team. why? >> here's why. the federal judge ordered the state department to reveal, make public, e-mails she had given to the state department. the inspector general, state

department and intelligence community randomly sampled four. among the four, they found classified. they sent that to fbi to start a national security investigation. they sent it to house intelligence and judiciary committees. last night they revealed two of four were top secret. what does top secret mean? government has three classifications. highest is top secret. if revealed it could cause grave harm to national security. middle is secret meaning it could cause serious harm to national security. bottom is confidential. if revealed, could cause some hard to national security. the lowest level materials in the desk drawer in his house. mrs. clinton, it has now been revealed, had top secret materials in the server in her barn. >> that's likely to cause grave harm to national security as

defined by federal law. >> the problem here is she didn't wanted her bosses at white house to know what she was writing about, it is perceived. so she had her own server, which is against protocol. her spoke people and she herself said it wasn't classified at the time. that ignores how the process works. the reason you use the state department e-mail system so it is vetted before you hit send. >> he's probably going to argue because the phrase top secret was not stamped on each document, it wasn't top secret. that's not what the law says. before every person in the federal government from president to file clerk get ace national security clearance, they have a 30 minute in person interview with an fbi agent t that explains if there's doubt about whether it's classified or not, it's classified. >> let me add this thing. it was never classified because she never submitted it.

>> right. it doesn't have to have the magic word classified on it f. essence is national secret, which if revealed would cause grave, serious or some harm, it's classified whether stamped or not. >> this is important. how this gets started. a lot get caught up in the middle saying why is this on turbo speed. the benghazi administration asked for e-mails. they find out about the server. then they find out about blumenthal's e-mails. now they're looking at the orbit around her. >> as you pointed out brian during the break, if the fbi has her server, they have the 33,000 e-mails that she destr destroyee of which showed up in the blumenthal committee. this is her worst political nightmare.

>> on the word destroyed. if she did destroy, is that a problem? >> if she destroyed or tampered with the server, yes, that's obstruction of justice. if she thought she deleted the 33,000 and they passed through the server, the fbi can still extract them. >> your opinion? >> there's several who want to see the law enforced and will pursue it before the will election. she's far less political than her predecessor mr. holder. >> incredible. hillary clinton making news yesterday. she was at an event in the boston area. as it turns out, people from the boston black lives matter area, they tried to get into the event. because the secret service didn't allow them in because room was at capacity, they watched from the overflow area.

she wound up talking to them afterwards after a big deal was made how they were shut out. they weren't allowed in because the fire marshal said we're at capacity. >> they had a private meet and greet after. >> they d. they're tries to get their voices heard by harassing and intimidating democratic candidates. donald trump says i know they're out there. he never would have handled it that way like bernie did. you want to speak in front of my microphone, i'll go home. 20,000 were there to see him speak. he gave up the stage. >> he said that would not happen to this trump. >> here's donald. >> i would never give up my microphone. that was disgusting. that will never happen with me. i don't know if i'll do the fighting myself or if other people will, but that was a disgrace. the way they -- i felt badly for him. it showed he's weak. you know what, he's getting the biggest crowds.

i'm getting the biggest crowds. we're the two getting the crowds, but believe me that's not going to happen to trump. >> okay. he said it has happened to democrats. we're going to talk, coming up shortly, with dr. ben carson who would also like to be president. he'll be with us in three or four minutes. >> in the meantime, we'll say hello to heather. she has a fox news alert. >> good morning to you. hope you're off to a great day. a u.s. helicopter crashing off the deck of a ship off japan. the military referring to hit as a hard deck landing. 17 crew members were on board the black hawk helicopter at the time. six have been hurt and are now transported to u.s. naval hospital camp foster nearby. the chopper was conducting a local training mission at the time. this is the second crash in many days. f-16 crashed in germany yesterday.

the pilot ejected safely. from home coming court to path of jihad, we're getting details about honor students from mississippi that planned to join isis. jaelyn young exchanged messages with undercover fbi agents online praising the terror attack in chattanooga that left four dead. she's the daughter of a police officer. her boyfriend seen here on the right, dakhlalla planned to marry and fly to turkey and slip to syria and help with medical needs for isis terrorists. a heartbroken actress kelly rutherford leaves a courthouse without her two children. a new york area judge forcing the actress to surrender her kids who are u.s. citizens to live with their german father in monaco. she was supposed to return them last week after a summer visit

but refused. >> this was a mother refusing to bide by a court order and forcing the the father to do something that he was loathed to do. >> rutherford and her ex-husband have had a bitter custody battle for the past six years. then caught on camera, a cyclists caught inches from death as an out of control driver swipes him off his bike. see him get off the bike moments before the crash plows through. the driver's accelerator was stuck causing the mayhem. no one was hurt. goodness gracious. those are are your headlines. >> lucky to be alive. >> no kidding. thanks. donald trump not the only one making headlines in the wake of last week's republican debate on fox. dr. ben carson saw a big surge in polls, where he plans to go

from skmeerhere. good morning to you doctor. and showing they may not always be perfectly professional. a new poll shows hillary clinton is six points ahead of bernie sanders. yeah. today a very confident hillary clinton said oh please, like i'm going to lose the democratic nomination to a left wing senator nobody has ever heard of. seven years ago against obama. good-bye. ♪ ♪ so you think this chip is nothing to worry about? well at safelite we know sooner or later, every chip will crack. these friends were on a trip when their windshield got chipped. so they scheduled at safelite.com... they didn't have to change their plans, or worry about a thing. and i fixed it right away...

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you can help children all around the world grow up strong, thanks to walgreens partnership with vitamin angels. when you get vitamins here... ...you change lives everywhere. donald trump, not the only republican candidate rising in the polls in the wake of last thursday's debate here on fox. renowned brain surgeon ben carson also climbed into fourth place as you can see there in iowa. >> that's right steve. where does the doctor go from here? he joins us now at the curvy couch. such an honor to have you here. you're surging in the polls. why, in your mind, is this happening in iowa?

>> because people are listening. i was in iowa this weekend. had just enormous crowds of peep. very enthusiastic. what i'm talking to them about are things that affect their lives and lives of their children and grandchildren. and you know, they're not going to hear just political speaking from it seems to me me. th -- speaking from me. they know that. we're not going to survive if we continue to stick our heads in the stand and do what we have done. >> look at circumstances, but has he run anything like the government? been mayor, governor, ceo in any way. what's your answer. >> if you look at political experience in congress, it's under 9,000 years. i'm not sure that's the solution. >> you know what, you've got a

big laugh at the end of the debate when you were talking about half a brain in washington d.c. it clicked with a lot of people. want to ask you about this. our lead story this morning is shockingly last night, and nobody knows why it happened last night, but hillary clinton campaign turned over her private e-mail server to the department of justice. we had judge napolitano on who said she could be in grave legal trouble. >> yeah. i've been saying for weeks whether in legal trouble or not, if people are paying attention, they recognize that someone in her position who doesn't realize they are putting the nation's security at risk by doing what they're doing. how in the world are you going to turn the keys over to them? are you kidding me? >> that's a great thought. we heard from donald trump. he was in michigan. the favorite book is the bible. you said your tax plan is base

on tithing. why is that important to you? >> you have to be fair. the current president says top 1% don't pay fair share. the top 1% pays 37% of taxes. so if they were paying their fair share, they wouldn't be paying anywhere close to that amount. the key thing is you have to recognize in the history of this nation, how do we go from declaring our independence of 1776 to the number one economic power less than 100 years from there? we had the system that encouraged entrepreneur risk taking and capital investment. >> you feel that's gone. in terms of you personally, everyone is talking about race. we had ferguson riots last two days. you overcome tremendous circumstances to become successful. what's your answer to people like the president that says he's responsible for race

relations. would would you be responsible as a world renowned surgeon as a republican? >> i have a deep concern for down trot in our society. if you go back and look at my history, you'll see that consistently is the pattern putting in reading rooms in title one schools around the country, going around speaking at schools. i had a program at the hospital where we had hundreds of kids come in. i will talk to them and show them slides and try to get them encouraged. just that i don't believe in the progressive model of you poor, poor little thing. that's not getting us anywhere. i'm trying to wake people up. >> how do you get people who are down trotting, as you say, through maybe democratic policy have been trapped in the system. how do you get them out? >> you look mean if you say i'm going to cut this program or

that program. >> it's a false narrative i want to get rid of welfare and programs. that's something the left wing puts out to make me seem like a bad guy. that's absolutely a lie. i want to get business, industry, wall street, churches, community groups involved in investing. that's the only thing that brings people out. >> true. >> since the 60s, we spent over 19 trillion dollars on war on poverty. whether more welfare, incarceration, crime, broken families, wedlock. it's not only worse, much worse. >> a lot of people are suddenly giving money to your campaign. final question, how's your retirement going? >> i'm still looking forward to that one of these days. it won't be any time soon. >> how much have you brought in to the debate? >> in last three business days,

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time now for your "news by the numbers." first one, that's how many conservative groups were given tax exempt status by lerner. lerner added more layers of review and biassed by conservative groups. we told you about that. $1251 is how much a convicted killer was awarded over a hug. he claims he was barred from

embracing his wife during visitation and denied only form of intimacy. daredevil nick wall enda can did this over the wire. he did it. beautiful day for a proposal at the bush family home in main man -- in maine. watch this. >> yes. >> well army specialist tyler jeffries getting down on one knee with help of fellow veterans to ask for his girlfriend's happen in marriage. all the while presidents 41 and 43 watched on as happy witnesses. >> the wounded warrior lost both

legs in ied explosion in afghanistan in 2012. that did not stop him from popping the question the old fashioned way. the newly engaged couple join us now. welcome tyler jeffries and lauren. thank you for getting up with us this morning. >> no problem. >> thank you for your service. tell us your story. you were story was an unbreakable bomb while in recovery. >> 41 wrote the forward for the book. they invited us all, soldiers and moms from the book, to visit them at their home. >> how did you connect the president to the point the forward got written in the book, so he connected with you? >> oh, i mean, he connected with the author. that wasn't me. >> okay.

you wound up in kenny. how did word get out what you were planning to do? >> it wasn't planned. i wasn't planning on doing it there. all of a sudden, i let everybody know what i was doing. i get the look from everyone like where's lauren? get her here now. >> we watch the nation moved by your service and commitment of veterans there this helped you get down on one knee. what does it mean to be there before the presidents of the united states, bush family, in kenny bunk port. when you see the photo now, what does it mean to you in that moment? >> means the world to me. once in a lifetime opportunity. a shot like that will never come again. it would be hard to top that. >> what were you thinking? >> oh my word. that's all i could possibly imagine and more. >> you said when you met you

connected and thought this is the perfect one for me. lauren, were you under the same belief? did you sense the engagement was coming? >> i knew it was coming. i didn't know when and didn't know it would be this soon. >> what a story of love. >> what, if anything, did the president say to you? >> he just shook our hands and said he wished us all the happiness in the world and best of luck to our future and make sure he gets an invitation. >> you going to follow up and invite him to the wedding? >> sure am. >> tyler, when you think about 2012 and what happened to you in afghanistan, how were you able to recover and how do you process it? how did it change you emotionally and physically? >> it took me a little bit to get over it. anyone in my situation feels sorry for themselves at first. you pick yourself up, keep moving forward, take one foot in front of the other.

>> we're full of gratitude for all you've given this nation and sharing a precious family moment many front of 41 and 43. congratulations. we look forward to seeing pictures of the big wedding day. >> thank you. >> thank you. >> thanks a lot guys. one minute before the bottom of the hour. this story will stun you. >> it sure will. quarterback geno smith sidelined after he was sucker punched by his teammate. >> so you broke the jaw of the starting quarterback? the queen's guard showing it's not so easy to be perfect. ♪ ♪ do you want to know how hard it can be

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book your next stay at lq.com! la quinta! we've got a fox news alert for you now. police in ferguson, missouri releasing brand new video showing alleged gunman harris pulling a gun from his waistband. he was fired on moments later are from officers. >> will is live in ferguson with the latest. the worst over? >> reporter: we're seeing a lot of police throughout this area. they're not the only ones here to keep the streets of ferguson safe. there's a group called oath keepers, former members of military and law enforcement heavily armed, walking the

streets all night every night. they say they're here to defend the constitution and community. >> everybody is entitled to their opinion. they're not entitled to make up own fact, agitate and try to bring about confusion and harm to property or people. today we're just protecting people. >>. >> reporter: the oath keepers are considered anitaristic grou. some members of law enforcement called them being here inflammatory. we spoke to one woman. she said what they need here is more parents like the one you saw in baltimore that got involved when her teen was involved in the riots there. she said if you had more moms like that, you would have less

riots and clashes with police. >> thank you very much. it's out of control here. >> on the headlines of new york post today, jets star geno, the starting quarterback, punched by a teammate in a fight over $600. luck of the jaw. he's going to be out for a number of weeks. >> six to 12. >> fans rejoice. >> he kept saying give me the $600. he makes the minimum $520,000. >> half a million dollars. >> geno make s millions.

this guy can set set himself up for life or be in the league another few years as a backup. he blew it. >> i don't know what happened but for me, it's a lack of leadership on geno smith's part that he would put himself in harm's way to get sucker punched. you're the president, the ceo of the team. we can't have you fighting. we have a bunch of other fighters here. and these young players are trying to make the team. >> the backup linebacker sucker punches the quarterback. he's out a couple of months. the jets fired the back-up linebacker. >> it comes down to giving your word. jets as a team are suffering. there's no one alone on the

team. >> he would have been a higher draft pick. he was a sixth round pick. he punched a cop before. he's got a history. >> he faces legal peril over this as well. stay tuned. looks like a number of jets fans are happy geno is out. >> they go oh my gosh. how does it happen to jets again? >> it's something with that team. >> throwing football to heather now. headlines for you. >> i got you. caught it it. brand new surveillance videos of the four people wanted in connection to the prank at the movie theater. someone stood in front of the big screen with a leaf blower many feared was a chainsaw. investigators believe one suspect paid to get into the movie and opened the emergency door to let others in.

police need your help to find the suspects. the head of the epa heading to colorado after a crew spilled toxic waste into the river. the director says she's deeply sorry about the contamination. the agency is taking full responsibility for the spill into the river. the river is now starting to lose the orange color. the environmental impact is not yet known. a family facing jail time over this normal, very regular and common backyard playground. the problem, its color. a missouri homeowner's association is threatening to sue the family if this play set is not removed from its yard. it claims the purple color is against the rules of quote being in harmony with the other colors in the neighborhood.

okay. the family says it's been in their backyard for two years. >> if anything, just drop it. say you're sorry, and move on. find better things to spend my money on. >> that family not backing down. they have hired an attorney. this is a slip up seen around the world. take a look. poor guy. the flawless queen's guards slips and falls. the embarrassing moment happened many front of dozens of tourists. now it's making news around the world. just a little slip. maria is outside our headquarters. she's currently upright. >> what's that? >> you're currently standing up right. >> no issues with slipping as

far as conditions on sidewalks. we had a front through the area yesterday. it did bring heavy rain. behind it, drier conditions, lower humidity. just beautiful out there. it's forecast to continue this weekend not only in the northeast but across many areas of southeast. the exception will be parts of florida. storms continue out there. across parts of southern plains, heat continues yet again. there has been some improvement in temperatures, but nonetheless still hot. 98 your high in dallas, 102 dell rio and also city of how to be. concern is when you factor in humidity, it feels hotter. some areas feel 107 to 110 this afternoon because of humidity. across parts of upper midwest, marginal risk for severe storms, damaging winds, and large hail being the primary concerns. now back inside. >> thank you very much.

up next, don't mess with a bald eagle. >> oh my goodness. the eagle survived. can't say the same for the drone. oh my goodness. >> eagle up. all week, we're going through the resumes of each candidate from a through z. peter johnson jr. going to join us for the next round of presidential hopefuls, next. >> always so life like. ♪ with my moderate to 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. she told me that humira helps people like me get uc under control and keep it under control when certain medications haven't worked well enough.

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on car insurance, you switch to geico. it's what you do. quick headlines now. it's a case of real life angry bird. an eagle takes out a drone sending it to the ground. the earth is definitely round. see a that? that's proof. the eagle was doing fine. the drone needs $100 worth of

repair. the driver had no clue the sinkhole was in the roadway because it was camouflaged by a flood. >> that's my home state. >> the point is you can't see under the water. >> i never knew that. >> all right. in the field of presidential hopefuls, it can be a challenge to cut through the chatter and hear issues that matter. we're breaking down all candidates a through z. back for round three, peter johnson jr. >> good morning. we begin with the most recent to enter the ring. jim gilmore. he was an army intelligence agency during the cold car, head of commission on homeland security. served as governor during the 9/11 attack on the pentagon and

experienced that helped shape strong stance on national defense. >> what we've warned of international gorilla movement that threaten this is country. we have to be prepared to defend the american people, prepare them for a long war. stand up for defense and values of this country. >> excellent record as governor. challenge is he hasn't held public office in 13 years. since entering the race two weeks ago, he's yet to garner support to be invited to next republican debate at reagan library. next up, mike huckabee. he's no stranger to fox news channel. he was one of the longest serving governor's in his state ministry. baptist minister, best selling author and plays a mean guitar. steadfast in traditional ideas, supports traditional marriage,

ban on abortion except when the mother is at risk. >> it's time we recognize the supreme court is not the supreme being and change the policy to be pro life and protect children instead of rip up body parts and sell like parts of a buick. >> he's popular among conservatives, helping him win the 2008, his challenge is appeal to more moderate voters. he has novel idea on entitlement reform, taxes in order to save social security. next up, bobby jindal, ivy league graduate. he adopted the name bobby after his favorite member of the tv show "the brady bunch." he is a champion for small

government. >> we have 30,000 fewer state bureaucrats than the day i took office. as a result, eight credit are upgrades, top ten state for private job creation. >> he's the youngest of presidential candidates. challenged with 32% approval rating in his home state, he's won some over with his tough immigration stance. finally, the popular leader of a crucial swing state, governor john kasich. he won the first election at young age of 24. another familiar face at fox. he filled in for great bill o'reilly. chairperson of the house budget committee. he cut unemployment and re-election by 30 percentage points. >> turned it all around with

jobs and balanced budgets and rising credit and tax cuts and the state is unified. people have hope again in ohio. >> governor kasich's choice to expand medicaid in ohio under obama care was met with criticism by small government conservatives. he has become known in the state as a compassionate governor interested in helping regular folks. on tomorrow's run down, rand paul, george pataki, rick perry, marco rubio as we tell you more about b these republican candidates. back to my friends on the curvy couch. >> all right peter, thank you very much. biographies beyond sound bites. coming up this morning, we're doing your back to school shopping and saving you loads of money as well. the exclusive deals you're only going to find on "fox & frien " friends." get out a pencil if you still have one at your house. on this day in 1939 "the

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spend $900 on school supplies. how can you find the best deals shopping this season? joining us back to school steals you can only get here on "fox & friends" right now. the mega morning deals. we want to get our viewers ready. go to our website and clip on mega morning deals. get your fingers ready. >> that's right. >> what do you have first? >> i'm going to start with the monster intune headphones. light weight, colorful, lots of attitude. great for listening to video, music, games. today for you $49.95, savings of 67%. >> i love these books. >> these are great. our kids love these. there's a ten book set. it's a four step system. it starts with beginning

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ahh! they're ready! make summer awesummer with totino's pizza rolls. and get a free movie ticket when you spend $10. good morning. today is wednesday, august 12th. i'm elisabeth hasselbeck. this is a fox news alert for you. double trouble. for who you ask? hillary clinton who's handing over e-mail servers amid brand new reports it once held top secret information. brand new polls putting bernie sanders on top. he's still on top in the republican polls, but bet you didn't know this about donald trump. >> that's my second favorite book of all time. you know what my first is? the bible. >> the second favorite is his book "art of the deal." number one the bible.

more from donald trump as he riles up the trump in michigan since the first speech. >> hard to beat the bible. >> a lot of bible fans. who would have thought? >> and all candidates could use this advice. >> don't be mean. no poopy talk. don't hit people. >> there you go. two out of three ain't bad. meet this mayor and his campaign manager, his big brother. mornings are better with friends. ♪ how in that town can a 3-year-old be the mayor? >> how inspiring is the 3-year-old and his brother with the campaign message all candidates can learn from? >> the brother was mayor first.

he was term limited out. he had to turn around keys to the brother. >> there's a real town of 22 people. they all voted and got free ice cream. >> that could be scandalous. we're not going to go and pursue this. a double dose of trouble for hillary clinton. >> top secret e-mails, not just confidential, top secret found on her e-mail server. the same server she once said had nothing classified on it. she agreed to turn it over, she surrendered it, her campaign did, yesterday. this as she trails in the key state of new hampshire to betterbetter

-- to bernie sanders. kristin is live. who would have thought this? >> i know right. nothing would surprise me in this race. we knew already some of those had classified information. we now know it's top secret information. this is from the inspector general from the intelligence community, undercover watchdog that notified yesterday. the document said ultimately some were forwarded to secretary clinton. they were not marked classified. these were only recently marked top secret. regardless of when they obtained that, they still contained top secret information. speaker boehner says, quote, it's about time her mishandling of classified information must be fully investigated. now, one more new problem for

clinton. this poll. check it out. it shows bernie sanders beating her in malpractice in by seven points. nationally she leads by a huge margin. this is a big deal because it's if first time sanders has been beating clinton. joe biden came in third in the poll. we're still waiting to find out if he's actually decided to run. hopefully we'll find out in a few weeks. back to you. >> still in single digits. >> judge napolitano went over this. confidential if reveal ready likely to cause some harm to national security. what they found in the two documents are top secret. that's the top level of classified secret information that hillary clinton used on the secret server. unbelievable. he went on to say hillary

clinton will nonetheless defend herself like this. >> she is probably going to argue that because the phrase top secret was not stamped on each document it wasn't top secret. that's not what the law says. before every person in the federal government, from the president to file clerk, gets a national security clearance, they have a 30 minute in-person interview with an fbi agent that explains if there's classified or not, it's classified. >> he talks about how everybody get top secret schooled. here's the process. the reason you're supposed to keep things on a government server so that anything sent out from it can be vetted. everybody knows that. she had her own server at her house so she could control everything.

the reason it was never marked as confidential or top secret because she never submitted them for clearance. it's clear if there's a smoking gun somewhere, the department of justice now has it. ben carson says this is just another reason you can't trust her. >> i've been saying for weeks, whether she's in legal trouble or not, if people are paying attention, they recognize that someone in her position who doesn't realize they are putting the nation's security at risk by doing what they're doing, how in the world are you going to turn the keys over to them. are you kidding me? >> no, they're not. i'm curious what's going to show up. she turned over the e-mails and says 55,000. that sounds like a lot. some may send meet you at 11:00. that's an e mail. what about the 33,000 you're not

turning over? the question is when we look at the server and see the 33,000, ones we looked at and found classified material on, we already found something there. stuff she did handle. what about the stuff she didn't want to handle? >> stuff she threw away is also top secret. that's a big problem. >> donald trump not having issues in the polls. he took it to michigan, packed the house. people listened to what he had to say in the first post debate conference. >> i care about making the country great. that's what i care about. you've got to get deals. hold up please.

one of the greatest. that's my second favorite book of all time. you know what my first is? the bible. the american dream is dead, but i'm going to make it bigger, better, stronger than ever before. okay. this country is going to be great again. we're going to make this country so strong, so powerful. you're going to be so proud to be a citizen of the u.s. we're going to save social security. you are going to love president trump. thank you very much everybody. >> of course president trump, if things go his way new hampshire, he's first. the iowa poll has him up five over walker. >> they were eating it up last night. >> the bible. i like it. >> i love that. the crowd seemed to love it too. it's my favorite book as well.

who knew we had that in common. heather, what is your favorite book? >> i'll have to think about weather. >> bible is certainly terrific. breaking news to bring you from overnight. a u.s. helicopter has crashed on the deck of a ship off the coast of japan. it happened close to the base of okinawa. six were hurt. military calls it a hard landing. the chopper was conducting a training mission at the time. this is the second crash in as many days. f-16 crashed in germany yesterday. the pilot safely ejected. the death penalty would be on the table for an illegal immigrant charged. he is one of the two men accused of breaking into marilyn's home last month, sexually assaulting her and beating her to death with a hammer. santa barbara county district attorney will make a final

decision about the death penalty after tomorrow's preliminary hearing. isis hackers claim they leaked personal data of more military members online. the group calls itself the islamic state hacking division using twitter to post a link with addresses, names of marines, other military officials. the post calls for lone wolf attack miss the united states. the department of defense is aware of the claimed hack but can't confirm that information at this time. well meet america's young mayor, a terrific story. 3-year-old james tufts won by promising free ice cream to everybody. his brother served two earterms

mayor. he had great advice. >> don't be mean. no poopy talk. don't hit people. >> well, we all need to folsom of that advice. isn't that what we tell our kids every morning? call home and say no poopy talk today. >> all candidates could learn from that as well. >> so could quarterbacks. >> all right. thanks. in a crowded presidential field, the ultimate battle skcod be over. former white house chief of staff debates the field for you next. >> or neurosurgeon. we should throw them in as well. an accused pot head gets taken downtown by cops. first, let me take a selfie, okay? >> smile. ♪ ♪

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let's talk about your old 401(k) today. in a crowded presidential field, the ultimate battle may not only come down to where the candidates stand on issues but on the who most ready to assume

power and be commander in chief is. who better to make president? governor, senator, ceo like donald trump? let's ask our guests, former governor evan. he's over in indiana. andy car, former white house chief of staff under president george w bush. welcome to both of you. i want to bring you to the first new hampshire poll that has ceo in front 18%, former governor number two, jeb bush 13%. and current governor kasich 13 12 % and cruz and carly fiorina. your reaction? >> first of all the poll is good reflection of popular culture today. it was defined by fox news when

they ho hosted that debate. millions of eye balls and lots of ears and comments that came after. it was great for republican party because many are paying attention. i don't think this should be measurement of who's going to be the next president. it's who's capturing attention of emotions in the country. do not pick your president based on emotions. pick your president on who can coa tough job that requires a lot of lonely, thoughtful expressions. you can't harbor guilt. you have to work with people of all different stripes. >> senator first off, this university poll, they asked americans who has the perfect skill set to be president. 40% said governors, 23% said senators, private sector con senders 23% as well. in your mind, who's best equipped to be in the oval offers? >> if i had to pick one, i would

s say governor. all three bring characteristics to the table. you look for experience in a chief executive. as governor, you have to make things work, put them in effect. i think that's what americans are looking for, someone to get the job done. when in the senate, you get national security experience which is important in the uncertain world. finally, with executive experience, that reflects the disgust with washington. people are looking for an outsider, someone with a fresh view. you that reflected in donald trump's ratings and carly fiorina's ratings. the challenge is if you're an outsider, you don't have experience to make the system work and get things done. that's why i think governor because of legislative experience and working with a body. >> if i'm a great ceo but don't know anybody in the senate or house, am i going to have

trouble getting policy passed? >> yes, you will. it's very important you be washington savvy if going to be president of the united states. i agree with the senator. he's exactly right. governors have the best training. it would be good to have experience in the senate. ceo of a company really focuses on return of investment in a company. shareholders are looking for that return of invest for stock or whatever, and the product being sold. experiences are the same president of the united states and executive of a company. >> last time it was herman cane and governor with the highest

ratings. who do you think it will be right now? >> jeb bush, scott walker, marco rubio with john kasich as a possible dark horse. >> i don't disagree with anything said there. jeb bush is most qualified in term ts of experience. i think john kasich, i was impressed with him in the deb e debate. scott walker is experienced. i think jeb is one that will emerge. >> you didn't take the front runner, donald trump, and you both had the opportunity. thanks so much. >> good luck. >> thanks. >> thank you. ten minutes before the bottom of the hour. one year later t unrest in ferguson lives on. has the government's heavy handed reforms made it different? ray kelly live. plus, a cold blooded killer serving life in prison. now he wants to become a she.

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we work hard to protect the environment. getting the job done safely so we can keep the lights on for everybody. because i live here i have a deeper connection to the community. and i want to see the community grow and thrive. every year we work with cities and schools to plant trees in our communities. the environment is there for my kids and future generations. together, we're building a better california. 24 minutes past the top of the hour. we have quick headlines now. there's 17 candidates, but only 16 got invited to the next republican debate. former virginia governor jim gilmore didn't get an invite due to lacking numbers in the polls. louis lerner granted one conservative group tax exempt status over three years. lerner added more layers of

review and biassed against groups which led to delays. steve? >> thanks elisabeth. shiloh is serving life without parole at a california prison on first degree murder charges. now california has agreed to pay for a sex change surgery for shiloh, formally known as rodney james. that makes california the first state in the nation to agree to gender reassignment. should taxpayers really have to pay up to $25,000 for this gender reassignment surgery? time for a fair and balanced debate. attorneys attorneys, thank you both. rebecca, you say good. >> i don't say good. i say there's a constitutional requirement for the state to do this for a sex change if it's labeled a disorder that is

medically necessary. somehow in california these doctors have determined this prisoner has a medical condition if she -- i'm going to use she -- if she doesn't get the full surgery she'll kill herself or go to complete state of mental -- let's call it mental state that is not healthy and something that the doctors say is probable or possible. >> lisa, under the will yolaw, incarcerated have the right. >> this person has been in 15 or 20 years. in the last few years this

person has decided to have transgendjengender surgery. what do we do, create more women's prisons? >> she would be reassigned. >> exactly. that's now a cost measure. >> doctors have determined this to be medically necessary. we can't deny a prisoner medical necessity. >> we can challenge the doctor. >> the doctors were challenged. they had independent doctors appointed. >> when they were writing this up in the country, don't you think they were thinking this person would not die without this -- >> apparently according to -- i'm going to quote one of the doctors. >> hold on a second. we're going to put it up. california department of corrections said this. every medical doctor and mental health clinician who reviewed

the case determined this surgery is medically necessary for quinn. >> doctors say this woman will kill herself if she doesn't get the surgery. she has a medical disorder. it's monot a desire. >> medically necessary term is medically necessary, what are we really doing? >> you're not a doctor. >> they're getting one surgery. they're not getting breast augmentation. >> actually she's under female hormone therapy for years. >> before we started, both of you thought this could be a employ. >> there's always the possibility. doctors are going to determine. >> to get to a different faci facility or get parole. >> the last person that got the surgery -- governor brown --

they didn't have the surgery are. governor brown patrolled them before they were allowed to have the surgery. this is the third -- >> that doesn't have anything to do with it necessarily. >> taxpayers in california will be on the hook for $25,000. what do you think about that? e-mail us at foxandfriends.com. coming up, a year later and racial unrest in the city of ferguson lives on. has the government's heavy handed reforms made a difference there? ray kelly is here next. kim kardashian may have broken the internet. she could have broken the law with a selfie. why feds aren't liking this one, coming up next. ♪ if you have moderate to severe

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we've got a fox news alert for you on the this wednesday morning. protests remain in ferguson one year after the death of michael brown. has any of the government's reforms made a difference? >> former commissioner of the new york city police department and author of soon released book. we are honored to have you here commissioner. >> great to be here. >> we thank you for all you've done to protect the city. when you hear the high alert went out for ferguson, we know the government has taken steps to reform how police do their jobs. has it worked in your opinion. >> changes had to be made in ferguson.

there's a group bent on violence and mayhem even though the police officer was exonerated by the justice department in march. darrel wilson has the victim of this. he did ultimately -- michael brown's dna was found on wilson's collar and gun. yet demonstrations continue. the narrative given by brown's companion was totally false. we see people going through -- >> hands up don't shoot never happened. here's the thing. don't you feel the collateral damage is every police officer in this country. we talked to a police officer down in alabama a couple of days ago where there was an incident. everybody is second guessing themselves. if i pull that guy over pull out my gun, i could be in trouble,

on the news, dead. >> there's a ferguson effect, no question. we had other events. the horrendous event in north carolina. the police officer shot walter scott in the back. there's been other events. policing has come so far, more professional, better restrained than before. you have these incidents that happen. it sets the profession back. police officers naturally are going to be somewhat hesitant. everyone has a camera these days. just the world that they are in has changed. >> you speak to more cops than i'll ever speak to. they're disspirited and down. tell me about the backlash we're hearing about. >> backlash as far as? >> people saying that's not

right, blue lives matter. >> some say this coincided withic moolele brown's death. yankees officials say this was simply a coincidence. the goal was to raise money for families of officers that have fallen in the line of duty. >> these officers were sitting in their patrol car and an assassinated. it's a tough job and become more so because of these incidents. i think we'll live through this for a while. >> i look up sixth avenue there. over the last year or so, the number of quality of life infractions -- the home less guys and thing like that. the sqeegy, public intoxication and stuff like that. streets are dirtier and gritty

y ier. how do you feel about that? >> a lot of hard work has gone on in the last 20 something years to turn this city around. you remember the 90s. new york has been converted to safest big city in america by far. quality of life is very important. you can feel it drifting. i hear that from people that come pup and tell me. >> what's the priority of the administration? >> you'd have to ask the administration. >> what does it look like to you? >> apparently the word has gone guard from the reluck about the and not to engage in the way police officers had been. i guess there's impacts on other agencies as well. >> commissioner bratton, cari c

and kelly. bratton has the job now. has he been told how to do it? >> signals come from the mayor. that's the person who sets the tone for the city. any messages going forward coming from the mayor. >> even higher up, executive order by the president to curb spending on equipment for local polices. we've got headlines with heather. >> yes. a mom is accused of leaving two young children inside a car while getting drunk in a florida sports bar. a manager saw what was happening and called police. >> i have a lady that's came in

and sat down at my bar. her kid is in the car with ac running. looks about two or three years old. >> it gets worse. this dash cam video shows her having her 4-year-old son blow into the breath lies tore get the car engine to start. that was installed a few days earlier because she had prior dui charges. that mom is locked up. the agency is accusing the reality tv star of breaking federal law that governs how prescription drugs. she's posing with the morning sickness drug. she failed to warn fans about the risk of this medication this. ad has been taken down. anything you snap chat can

and welcome used against you in a court of law. he's all smiles when he's arrested. the officer agreed to take a selfie with him. he's now facing a dui charge. unforgettable proposal and nice story for one of our nat n nation's wounded warriors. jeffries popped the question in front of the bush's. earlier they joined the show saying it was completely random. >> wasn't planning on doing. i get a look from everyone like where's lauren? get her here now. he lost his legs in an explosion in 2012. fellow veterans helped him get

down on one knee. true brothers. love to see that story and happy ending. >> what i moment. >> they've known each other four months and decided it's time. she was the one for him. met online like so many relationships these days. 19 minutes before the top of the hour. coming up. does this flag offend you? one man says it needs to go. we'll show you. we showed you deals for the kids last hour. now for mom. depp signer hand bags 80% off. exclusive deals you'll find only here on "fox & friends" coming your way. ♪

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watch as these magnificent creatures take flight, soaring away from home towards the promise of a better existence. but these birds are suffering. because this better place turned out to have a less reliable cell phone network, and the videos on their little bird phones kept buffering. birds hate that. so they came back home. because they get $300 from switching back to verizon, and so can you! verizon. come home to a better network. quick headlines happening today. the head of epa heading to

colorado and new mexico a week after crews spilled 3 million gallons of toxic waste from an abandoned mine into the animas river. mccarthy says she's deeply sorry for the accident. epa is taking responsibility for the accident. how nice. brady goes to court today with roger goodell. they're reportedly far from meeting. we'll have the agreement coming up. we'll see what happens. >> man oh man. >> never goes away. >> no. >> they look so happy in earlier pictures. >> when you win a super bowl, it's happier than court. >> if we could go back to things the way they were. when you see pow missing in

action flag, do you think that's racist in? should it come down? we asked you what you thought. there's someone that wrote an article in news week and said this. you know that racist flag, the one that supposedly honors history? it's past time to pull it down. >> so what he's doing is essentially connecting it to the confident flag. what's interesting is after he mentions it is another flag of racist hate, in the article he never explains how it's racist. he talks about how it's black, white, graphic, reminds him of a post fr poster from the 70s. zblp he blames nixon. >> he does.

he said nixon invented this as a way to render united states as a victim. which doesn't make sense. we've had people missing in action since the beginning of wars. >> charlene said lots of people were lost or died and and that represents them. >> another on facebook writes, respect and honor for our vets. flag represents sacrifice not ray is schism. >> i have news week republican

li -- republican lished it. we showed you the hot egs back to school deals for kids last hour and now something for mom. designer hand bags and hair tools 80% off. talking exclusive deal you'll only find on "fox & friends." get your fingers ready to push the mega morning deals but tonight. >> what are you selling at 9:00? >> i love shopping. can't wait to come down there. no sucker punches today folks. none. >> i'll see you on radio. >> then we'll take it outside. >> right on. did hillary clinton commit a crime? tray gowdy is here with the first response since the e-mail story broke. kasich is making a move in new hampshire. what's he doing right is this he joins us live. paul will analyze. donald trump made a splash

in michigan. what a new poll says is his greatest challenge to the nomination. we're chalked full this morning. see you here on america's newsroom. morning ted! scott! ready to hit some balls? ooh! hey buddy, what's up? this is what it can be like to have shingles. oh, man. a painful, blistering rash. if you had chickenpox, the shingles virus is already inside you. 1 in 3 people will get shingles in their lifetime. ah. after almost 3 weeks, i just really wanted to give it a shot. you know, i'm not feeling it today. talk to your doctor or pharmacist about your risk. ooh pizza rolls! ahh! they're ready!

make summer awesummer with totino's pizza rolls. and get a free movie ticket when you spend $10.

as promised, we are back with mega morning deals you're not going to want to pass up. part two. earlier we showed back to school products for kids. now time for moms and kids. here with deals to save up to 80%, megan, you want to tell everybody now. go to foxandfriends.com website, click on mega morning deals. click the button that says click here for more information. >> time for us to have fun after we do back to school shopping. this is zobra.

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a hair drier that cuts drying time in half by did way because of special technology. you get a straightener, argan oil. we've all heard of her, great name. we trust her quality and design. these are her hand bags. at least four to choose from. typically up to $300 for her bags. today $59. that's 80% off. tons of pockets for convenience. these go from day to night. $215. today $49. >> that's a savings of 77%. >> there you go. 77% savings. can't go wrong. >> from bags we move to jewelry. >> we need to continue accesso y

accessory. 74% off. they're 27 dollars. get your initial on them, get a word on them like fox. wear that close to your heart. you can layer them this. at last a great look. that's a deal. 27 dollars. normally 100 dollars. are you kidding me? this lasts for two days. we may buy it all today. this coming up, best video you'll see all day. i'm not kidding. i'll show you next. allergies distracting you? when your symptoms start... ...doctors recommend taking claritin every day

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♪ ♪ oh. >> oh no. >> a little boy in indianapolis gets taken for an unexpected ride. watch as he's wiped out. he doesn't try to fight it. he accepts he's been taken around. the video has over 4 million views. >> poor guy. >> it's not easy being a kid these days. it's a lot harder than you think. >> you can't stop watching it. a kid's dream come true. see the kid strapped in a harness where a metal clasp would typically be in the machine. they get down to scoop up as many chips as they can hold. >> i don't think that's a kid's

dream. getting the toy from the machine is. i don't think getting stuck in the machine would be. got a great roster of guests between 9:00 and noon. >> the four of us tomorrow, same time bill: a fox news alert. breaking news on the hillary clinton email scandal. we know two emails were classified top secret. now those emails are in the hands of the f.b.i. and the department of justice. patti ann: since being subpoenaed to bring in her emails in march. hillary clinton repeatedly said she never receive heed or sent any classified information. >> i did not email any