we will see you back in an hour. "outnumbered" starts now. >> this is "outnumbered." i am andrea tantaros, and here with us today is harris faulkner, sandra smith, >> hoshost of kennedy, fox business kennedy, and today's hash tag, all rise, judge alex ferrer is here. >> almost didn't make it. my luggage just got here after getting here sunday. >> where is your robe? i hope it isn't in the missing

level. >> do you travel with a gavel? >> i don't. when i am here i think i should sometimes. >> do you travel with the robe? >> no. >> i think next time you need to dress the part. >> sounds like that might have been all you were wearing with your luggage didn't come. >> sandra! we begin with the scandal rocking hillary clinton's campaign that is growing bigger. fox news can confirm the number of e-mails on the private server investigators flagged for classified information has risen to 63. some analyst combing through 30,000 e-mails total. meantime hillary is claiming she has done nothing wrong. critics say there is a double standard here. they say the obama administration seemed more

interested at throwing the book at david petraeus for his exposure of classified documents. trey gowdy is suggesting hillary clinton's pattern suggest dishonesty and questions are fair game when she appears in september. >> the greater steps you take to clean or delete something is a higher level of consecealment a so you have to go to what lengths would they go to a yoga e-mails? >> it is a pretty good point, judge. i think over the weekend this story keeps getting worse. it looks like hillary clinton was grossly incompetent but what

do you see is the serious charges? >> sharing the documents and i don't see why there is an exception of giving a thumb drive to your lawyer. can you imagine people with classified information turning it over to their lawyers? she could be faced a variety of charges. i have no doubt, if she had nefarious server away from everybody, i have no doubt it was hooked up to a program for the last five months. if you are going to try to hide what is on there the longer you keep wiping the program. i think the department of defense has a seven wipe requirement. it could have been wiped 700 times. but the fbi looks at it and you

cannot detect it enough with a telescope then you know it has been wiped so many times and no one would wipe wedding e-mails 700 times. my suspicion is if she was hiding something it was the fact there were classified documents that were stamped classified and those were among the 30,000 disposed of and there should be no trace of those. >> maybe a couple options, though. i think this kind of moves us from incomptency into evidence and intent which gets us down the road of criminality. did she hide stuff, secure it as her people said, wipe it, blank it, whatever you do using a third-party company, did she do it because there were things in the e-mail or because she didn't the fact she know how bad her

should not have been doing that? >> we don't know. we don't know if she did anything criminally. it could be for a variety of reasons. it could be because the e-mails related to the foundation funding. >> if she has classified information on there, whether or not it was classified at the time time, she is secretary of state and has to know it can change. >> she turns the server over to a third party and she is turning over classified information. that in and of itself -- and it is not just the intent. it is not just the criminal intent but the negligence. a sample of 40 e-mails showed two classified and two top

secret. if you are going on that average -- >> what did she delete? >> intentional deceit or gross incompetence either one not the message for the person running for the highest office in the land. bob woodward, the watergate reporter, hailed and renowned compared this to richard nixon over the weekend. take a listen. >> follow the trail here. there are all these e-mails and they were sent to someone or someone sent them to her. if things have been erased here there is a way to go back to who originated the e-mails or received them from hillary clinton. you have a massive amount of

data. in a way it reminds me of the nixon's tapes. >> this isn't just a couple minutes of a recording but over 30,000 e-mails. i would say this is bigger and they say the cover-up is worse than the crime. this cover-up is incredible. >> plat river servers is reportedly saying it is likely a full backup of her server exist. somehow, somewhere they can find that. >> probably in china. >> the optics of this is one thing. other than what we know, this is asking you to guess, but when you see hillary clinton making jokes about it, what does that tell you about where we stand with this? >> she is playing to her base because the majority don't think it is funny. i like humor and snicker when i

hear that. but i see her saying it and it is like she is uncomfortable. i can we are moving from nothing happened, what happened was based on a mistake of it not being labelled classified, to someone in the state department is going to fall on their sword for her. >> what if she is indicted or convicted as president? does she lose top secret access as commander and chief? we will move on. the obama administration is taking more steps to close the prison at guantanamo bay. the pentagon sent a team to kansas to assess whether the military prison there is suitable for some of the deta e detainees in gitmo and they are looking at a prison in south carolina. closing gitmo is one of the president's top priorities since becoming president. but lawmakers are concerned about the dangers of bringing

deta detainees out to the couch. judge, i will start with you. how would it work? 64 of the 116 are anticipated to be brought here. how would the trials work? >> it would be a federal trial. there might be steps taken to protect sensitive information and it might be sealed from the public. but they would get the rights of typical citizens. we have been successful in trying terrorist in the united states. remember the original world trade center bombing was picked up and tried in federal court. we are successful at looking them up and keeping them secluded. but you are moving all of these terrorist into presumably kansas which becomes a focus point for terrorist all over the world. >> thompson, illinois, how many

people live there? >> less than 600. >> they didn't want a max prison facility there. there are many families on the base there. this isn't a prison out in the middle of nowhere. it is part of the kansas' community there. kennedy, i heard you say you are a fan of this. >> i am. i think gitmo is expensive and the cost of each inmate is huge. whether it is military tribunals or tried in federal court i think they should be subjected to the process. if you are worried about having them in one place sprinkle them throughout the land. >> people don't want this in their backyard. >> this conversation is mute because there is a law that bars sending the criminals to the united states using federal funds. so obama has to put a plan together, he has to get that

plan through congress. i don't see that happening. judge alex is right. we have had enormous success trying the enemy in the united states. this is my concern. i don't see kansas as an option. what is the next option? romous release them to other countries. ash carter, the defense secretary, was spoken out about the release of the enemy combatants. i think we try them -- >> i wonder why we are not doing that. >> because, harris, if we release them, which is what the president wants to do, are we to believe they will not return to the battlefield? or the third program, all of the lawyers representing the white collar criminals should get a

house next to our house and we can invite them over. i think it would be a fun option. >> i think it is an amusing option but the role of the prosecutor and defense attorney are defined and critical for the justice system to work. you want to make sure you provide a defense and test the state's evidence to make sure it is right. i don't blame the lawyers but it is not a poplar topic. >> the white house is not going to give up easy from what i am reading. they have the dod and the pentagon on this. >> part of the reason the thompson facility will not allow prisoners from gitmo is because it was part of the charter when built. >> maybe the end game will be to release them. maybe the plan is to release them and they know they cannot get congress to give them

authorization. >> releasing them to qutar and assuming they will watch them. >> we gave away five terrorist for one trader. >> it doesn't make this the best idea. >> river boats wrapped in bacon >> they are looking at another naval facility in south carolina. donald trump putting his immigration plan on paper and doubling down on what he would do about immigrants. the key republicans who say trump's plan is what america needs and we will look at it is ask if it can work. president obama is meeting with several high profile celebrities and mapping out his next move because you need steven steel berg to write your after

presidency play write. we are not kidding. watch us online on "outnumbered" overtime. we have a new spot in the middle of the page. it is all. pop the top off this outnumbered things. >> harris takes attendance.

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welcome back to "outnumbered." president obama has more than a year left in a white house. but he is already mapping out what he is doing next. mr. obama has been holding late night meetings to map out his post-presidency career. a key part around a million dollars for a digital library in chicago and a global foundation. that is more than double than what president george w. bush raised for his library. he is meeting with celebrities and hedge fund members. isn't there so much left to do in president obama's term? >> no, there is not a lot going on in the world. this is late news. everything is settled in the middle east. isis is totally taken care of so

i think he should figure out how to get as many i-pods as possible in his presidential library in chicago. that is serious and mature. >> that is what is happening here. he is so enamored. he has hedge-funders in and talks about this. he so much wants to have a legacy. he is already asking on it. asking steven spielberg to set-up this technology heavy library double the cost of george w. bush. >> i don't have a problem with him doubling the cost or starting it now if that is what other presidents have done. but i agree kennedy with the

sarcasm about everything being resolved. my concern is about what he is doing. releasing people from guantanamo bay because you want to keep a campaign promise is dangerous. i am worried more about that than anything else. >> it makes you wonder what he will feature as his biggest legacy. >> i am glad kennedy brought up i-pods. i am curious if he has this level of friendship with people who can fix technology why they didn't apply to the the health care website. >> or trying to fight isis. the biggest issue is cyber warfare. don't you think that would be a better use of time? to rally technology experts for the country not for him. this points to the fact he is a

profound narcist. >> he gave the queen of england a recorder with his speeches on them. >> donald trump releasing his immigration plan. what is in the details? and the support he is getting from a key senator. how it could help him and if the plan could work. and new signs pointing a possible joe biden run for the white house. the latest reports and what chris christied all-american were hillary. across america, people like basketball hall of famer --s. it could all-american all-americall all-americall meanoza® is proven to lower blood sugar and a1c.

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he put out his plan and if is detailed. remember he said he could get mexico to pay for a wall on the southern border? we know his vision and he will increase measures such as deportation of all criminal aliens and ending birth-right citizenship. trump consulted last month with jeff sessions of alabama in preparing the policy he is talking about. senator sessions said this in a statement just yesterday: quote this is exactly the plan america needs. not only would the plan outlined in the paperwork but more quickly than many realize. this plan reestablishes the principle that america's immigration laws should serve the rights of the citizens. the director of hispanic media for the democratic committee said trump has reignited the gop long standing obsession with mass deportation. jeb bush and scott walker and

mark rubio and others don't dismiss the path to full citizenship. trump is in the lead according to latest polls. andrea, what do you like? what do you like dislike about the plan? >> i like he is giving specifics about the plan because he made this the focal point of the election thus far. so for him to go out there and make comments about immigration but getting into specific it was time to bring it forward. securing the border. it is important. he is calling for a pathway to citizen. the democr-- sessions is one of most conservative member of congress so when you see him pairing up with him it is easy

to say he is an isolationist. but trump is saying let there be a line and pathway but he is looking at the this for what it is. when you come here illegally it is a crime. and look i say this as a first generation american. my father wasn't born here. i get the struggle. but there has to be specific protocols and you have to follow the law. >> so, judge, obviously we are focused on this issue primarily because of donald trump. >> as big of an issue as it is, yeah. >> who does this put pressure on? >> all of the other republicans and candidates to come up with specifics people in the party would like more than trump's plan. i think the plan has merit in some respect but parts i disagree with. when it comes to the individual candidates there is no way anyone agrees with everything they stand for because if you agree with him someone else won't. you cannot elect someone based

on the fact i agree with everything they stand for. i agree with the law. i don't think we live in a day where we can allow the border to be insecure because if mexican children can come crows across the border so can terrorist. so i think we will build the wall. >> the northern border is just as open. >> but we have the assistance of the canadians. i think a wall will be built. >> they are going to come from the north if you wall off. i worry about business. i think this kind of restrictionism will have an impact on the economy. >> i think you right about that. there are consequences. as much as we say illegal immigrants, the felons and ones that committed crimes, and i saw children who had no decision in coming here and growing up here and now sending them to another

country is cruel. but when you do that, when you deport these people, you have to realize they do jobs a lot of americans don't want to do. if you want to be paying a $1.50 for a banana -- there are going to be inflation consequences across the border. >> manufacturing, construction, labor intensive jobs and they will be impacted. i think there is a rational approach. >> what did you think about him answering how to pay for raising the funds were the wall by raising the visa fees? >> i think we have to do something about the visa situation in the country. he pointed out a problem of people overstaying visas? well there are not enough. my problem is cutting down the money people are sending back as remittance. it is heartless for people sending money back to relatives

trying to better their lives? i don't so that as the worst thing in the world. >> i think it puts pressure on the democrats to come back with a plan but hillary is doing the scandal dance and maybe once in the debate we will hear. speaking of democrats, andrea? >> a new vice presidential candidate may be jumping in the race for commander and chief. oh, yes, reports say joe biden's c confidants are talking about traveling to early states and identifying donors. his strategy would focus on south carolina where he has considerable support and almost writing off new hampshire where hillary clinton and bernie sanders have strong footholds. this is the latest in the series of small steps among months of speculation over biden's next

move. but washington post political report liz says it might be too late to throw his hat in the ring saying he might get a boost but the struck structural problems within his history would come up quickly. harris, you brought this up on the republican side many times. how about on the democratic side? that structural need that these candidates need to have. could biden get to together? >> out of all of them, i think biden could get it together. when we started hearing hints he might be running it was coming from sources inside the white house at fox news. he will probably get help. but the big question is who does president obama support because he can help with that infrastructure. is the hillary clinton and the scandal or -- >> hasn't he supported her

already? >> i think he supports her if he thinks elizabeth warren will be the vp and i think if she resigns because of the scandals then elizabeth warren is going to be the next president. >> sandra, the president who is keeping his powder dry. i am trying to imagine biden getting into the race. he would not take sanders voters away. he could probably take 15-20 percent from iowa and new hampshire which almost would secure bernie sanders gets the nomination. >> even if he entered into the race today that is late and that is not great for a campaign. he hasn't set a time frame for a probably announcement even. you are talking about a very late entry into the game. how much of this do you think, andrea, is a plan-b for the

democrats? >> i think hillary clinton is a shell of a candidate on the verge of political collapse and i think someone as politically astute as president obama knows that. i don't think they are friends. he wants to secure his legacy. it is all he cares about and the clinton's will trash it. but i am trying to think about this. president obama could bash, not like a jokester candidate hike a biden, but he would need obama to get behind him much like reagan got behind h.w bush. >> we are not focused on this bloodletting that is happening with had her reputation. 58% believe she lied. they could sit back saying we don't want her to be affected

biden. the trump-biden ticket? >> to harris' point he doesn't have the infrastructure and when you cannot pay the workers on the ground how can you do it? >> he has the pathway through president obama if he decides to trigger his campaign which sin mode. >> that is why i made the reagan supporting h.w. >> kennedy, you said you think it has something to do with the server? i agree. >> look at the pathway over the week for the story about the server. >> and who are all these sources from the white house making her server worse? an nfl star with a message for

his kids. steelers linebacker james harrison sending his son's participation trophies back. was that the right move?

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and welcome back to "outnumbered." you don't get a trophy just for showing up. that is the message from pittsburgh steelers linebacker james harrison. he took to instagram saying he returned two awards his boys received saying he is proud of them but will not keeping trophies they don't earn. i am not sorry for thinking everything in life should be earned and i am not raising two boys to be men by making them believe they are entitled to something just because they tried their best. sometimes your best is not enough and that should drive you to want to do better.

i think that is a beautiful sentiment. and this is the right message from an nfl player who is obviously involved in his kids' lives. that is what you want to hear, isn't it? >> my kids get the participation trophies and i couple it with the message you know everybody got one of those. >> harris, wow. >> debby >> you and i have been to events together. not all parents show up. sometimes when they show up they are not paying attention and some kids need to be told you count, you matter, it is okay to do your best. i feel sorry for them because it is not the message that should be enforced. but having witnessed parent not engaged i think they need this. >> i participated just about

every sport at an early age and played every instrument, claire net, piano, and everything. i would bring home a trophy or ribbon and my dad, first thing asking, how many did they hand out? >> the coach gave you a motivation speech when i was younger. and the whole team would be like yeah. but my kid did get participation trophies because their generation did. i am not in favor of them. but i didn't see it hurt them. my kids are motivated. >> i just want to say i guarantee you james harrison is surrounded by kids who have been raised to believe they are special. >> he was a ken state walk on and turned down by the ravens and undrafted in 2002.

it wasn't until he hooked on to the steelers that he became a force. he was told you are not good enough. he was kicked around. he probably doesn't want his kids feeling entitled and special like the players he was around. >> i think a lot of kids at that level have been told they are pretty special. >> i think they are. >> i think these nfl players are special. they are the most elite athletes in their field and i believe they deserve recognition. i had tough dancing coaches and they would say winning isn't everything, andrea, it was the only thing. and that was the mentality i got and a lot of times i failed and went and tried everything. i don't like the everyone gets a trophy. >> at the super bowl you don't get a runner up trophy. >> and how do ye o you strike t fire in young people by saying

it is fine to be ordinary. >> you need to tell a kid they are not good at something sometimes and find something they are. you do a disservice telling kids you are good at this. >> although when i show up at your house i get a trophy served in a gold glass with rum in it. >> mojitos are only for winners in my house. >> is that why she always gives me a kentucky mule? >> if you get out our anger by pounding on the keyboard listen up. many people find it important to vent on e-mails or social media but the online rants could have lasting affects. why you should think twice before hitting send. before hitting send. why should over two hundred years of citi history matter to you?

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more "outnumbered" in just a moment, let's go to jenna lee to see what is coming up on the second hour of "happening now." >> we are waiting for carly fiorina to step up in iowa, she long with governor scott walk, are speaking at the iowa state fair. this coming as a slew of new

polls coming out and walker and carly fiorina seeing major changes we will talk about. and e-mails labelled classified coming to life fraught hillary clinton's e-mail. this comes as bernie sanders continues to gain ground in polling. we will discuss that with the political panel. and fires rising in western states and montana is now in a state of emergency. >> that fire situation is unbleb believable. >> a new report is revealing how damaging typing on an angry comment or e-mail can make your angrier and it could come back to hurt you. you could alienate friends and family members and you could do lasting damage to your

reputation because it stays on the internet forever. >> that is why you do it on a dm. i know you don't vent on the internet do you, andrea? >> i like to go to people's face. i find it more cathartic. >> i don't like to be on the other end. >> you never will be. >> i vented the whole american airlines things. >> i watched it on twitter. >> this is my third flight n ten days with them and all of them were jacked. it felt pretty good. that actually had a comedic value. >> i am a firm believer in the nasty-gram but you need to let it sit on your desk top, walk away, get a cup of water, let it sit there for the night if it is a big one, look at the next day, give it space because sometimes it is really bad.

i definitely made the mistake of sending out impulsive e-mails. >> i like when you send me the drafts. >> i have read if you are mad at someone write down an angry letter and tear it up. the aggression comes in because you are anticipating a response if you put it out there. you can never take it become. and now you are hyped and pumped and ready to go. >> i have done the part of writing the letter and not sending it and got zero satisfaction out of that. >> it is because you didn't get a response. >> we are talking about two different things. putting stuff out online which i don't recommend. and then a private direct message or e-mail or something which technically i was quitting about the dm because twitter has access to anything they want.

but i am big into the face-to-face and the writing part from studies it the writing part. the typing of the e-mail is not as cathartic. >> unless you are pounding on the keyboard. i am like you. i like to do the confronting face-to-face. >> the non-verbal is important when you are in a confrontation because the words have to match what they are doing. >> i think they referring to not personal communications like the two of you but responses to people online. like trolls. >> people who are just trying to get a response and now you realize reading this study that those people really are angry and aggressive and you have to feel bad for them. >> you elevate your status by responding to them. >> that is what block, mute, block, mute.

>> turn it off for a while. >> thousands of runners didn't get a slot to run a big road race over the weekend but some denied were able to participate v virturely on treadmills. a good idea or just too far from the really thing? virtually -- i brought in some protein to get us moving. i'm new ensure active high protein. i help you recharge with nutritious energy and strength. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. ensure. take life in. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

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♪ it is a hugely poplar seven mile run on cape cod with an estimated 12,000 runners competing. you cannot run in the race unless you are selected to run which a lot of races are like that. but an additional hundred people who were not chosen were able to complete in the race virtually. they were able to download an app and hop on a treadmill and let them compete. many other races are considering the idea. a way to widen the access and what i think is key boost revenue. the london marathon is also

considering a move to do this as well. a lot of talk this is going to spread to a lot of races. they charge a decreased fee because you are not there using the supplies to run the race and bathrooms and all of that stuff. do you think this is going to catch on? >> i don't see a problem with it. i would have no problem with someone running it from their treadmill at home. they are not the same race but their stats are not included with the runners running but including them in a separate category. i see no harm in it. >> they are still in competition which is exciting. running on a treadmill is super boring. and anyone who can run a marathon on a treadmill i will fly to wherever you are and give you a hug. it is boring to run for three plus hours. >> this was a seven miles run. >> no, no. i think this is great and

encourages people to participate and work out and if that is how you want to spend your money fantastic >> as long as they are competing with each other and not everybody else. there is a chance in london it will be raining so is something going to dump a bucket of water over you on the treadmill? they say it extends to military men and women who are not there to run it. i am worried about the fundamentals that it will not bethe same racing conditions and you can go get a drink of water and put tmill on. >> in defense of the whimps who don't like to run on treadmills i like to run on treadmills. >> it is just hard for three hours. >> you can listen to your musics which i understand you don't in many marathons. you are the runner so what do you think? >> as long as you win andrea.

>> we are staying here on the web. click overtime tab and we are back at noon eastern time. "happening now" starts now. >> hillary clinton under fire for the e-mail scandal. f did the former u.s. secretary of state expose u.s. secrets. plus, out of control wildfires in southern california to the pacific northwest. >> it came hot and heavy. >> flames sent