religion. politically it seems strange. but if you have a group of people supporting you as a marriage couple. we will continue to support each other on "outnumbered" overtime. we are back on tv tomorrow at noon eastern. "happening now" now now. evacuation. and nature is not happening. we'll cover all of the news "happening now". the u.s. stock market booming for a decade but is the bubble about to it burst? is there a safety net in place. the fishing vessel blown up on open water. and a convicted terrorist

asking for a new trial. it is all "happening now". we begin this hour are as three republican candidates wrapping up an event. we are getting brand new poll numbers on how the race is shaping up so far. i am jenna lee. >> i am eric shaun in for jon scott. scott walker is laying out a plan to repeal and replace obama care. marco rubio has been speaking in the iowa state fair and focusing on education reform. and jeb bush taking on the national security forum. >> and our voters show that donald trump is dominating the field. trump at 24 percent and bush 13

percent. and carson at nine percent. carl? >> reporter: the governor called day one to replace and repeal obama care. like most of the gop field, walker has been be blasting the leaders here in washington for failing to deliver on the promise to repeal the affordable care act. he led polls in iowa before trump got in the race. and notes that his midwestern style is overshadowed. >> i may not be flashy and piz ass. i hope you see in minnesota and america. i think like you think and willing to stand up against anyone including members of my own party to get the job done. we with are not intimidated. >> reporter: he's talking about getting the affordable care act

repealed. marco rubio laid out his health care properties & he's talking health care, too. >> we have to repeal and replace the health care law and give every american the opportunity to acquire the health insurance they want. >> reporter: there is dispute and dissent among the governors jindle said walker accepted cradle to grave health care. >> we'll have the political reporter from the daily kalure and washington post. aaron, i am curious your thoughts on health care, walker or rubio talking about it. how do you so that topic trending at this point in the campaign? >> it is an issue and a republican rallying croi. pretty much every republican is

going to want to talk about this and the way they deal with it. i don't know we have seen differentiation. and not a lot to talk about specifically what would be replaced with. and i also think that it is a very difficult issue for a republican. really unless they win the white house and have the big enough congressional authority to repeal it, it will be tough for them to do. >> i am curious on your thoughts as well. journalist want the details of the plan. but so much talk to immigration. how effective is it to speak about health care and how much that is on the forefront of the voter's mind. >> scott walker is substantive, but also trying to get attention. if you look at what he is saying, he's hitting the dc republicans and saying i am from

wisconsin and saying i don't why the senators who ran against obama care, haven't done it. scott walker is trying to jump in on the thing that outsiders know what is best. three people that improved with the polling numbers and doing the best. donald trump, and ben carson and carle fiorina and scott walker's numbers are taking a hit and this is a way he sees to accomplish that. >> all of them are really going after hillary clinton. look at donald trump and carle fiorina direct with their criticism of hillary versus going after the fellow republicans on although they criticize the establishment. what is more effective at this point? >> that is what appeals to the republican base. fiorina comes at it from a interesting position as the only woman in the field and ben carson is a nonpoll tilgz and

argues that someone like hillary clinton is in washington too long and donald trump, this is a guy who is supportive of hillary clinton and said nice things about her and turned a 180 and very difficult on her and calling her the worst secretary of state ever. but you know, he has the microphone and all over the media and he's the story everyone's talking about and to the extent he uses the microphone and turn into her enemy number one, that is all better for him. >> all the better for him, but what about the rest of the candidates? do they have to join in on that and join the conversation on immigration? >> right, we know that one thing that doesn't work is going after donald trump. his slogan is boat the washington man and they are going down. look after rand paul and rick perry and lindsay graham.

pick perry's two percent and graham not registering in the polls and going after hillary clinton and trying to emphasize that and that can be in funny way withes, jeb bush is arguing that because he's not from washington d.c. and reform minded governor that he's an outsider, too. and that's why they will do it and shy away from going after donald trump. >> if you are born in washington d.c. you can't run for president? i want to ask you about the article in the new york times. we talked about carle fiorina it is a blistering article about her career. and this is a title for viewers that haven't seen. it her business record not so sterling and in it, just for viewers that haven't seen it, the article criticize the time

in hp and they are not the numbers that she shouldn't talk about. and doesn't quite the past or current. os that worked with her. i want to note that. we talked about the article and the article in amazon and this is not that and i want to make that distinction. and aaron, what about this? how big of a deal for carly, the national newspaper going after her record and you see the weakness there? >> this is a story that would always be wrote about carly fiorina if she got the momentum in the race. this was at issue in the senate campaign in california. and top attack against her in that it race which she rose ten percent above barbara boxer. i think it is a badge of honor for the candidates particularly

marco rubio who is had the reports. and so they poke the holes in the story and she could get more recognition from the republican base and take on the times. >> interesting approximate take on that, alex? what do you think on darren's take and what about the article quoting people who haven't worked with her? board members that were part of the company when she was forced out and people who worked with her for years? when will they come in support or criticism and you ho will that add the dynamic to the story? >> once you are a top tier candidate and she's in the top ten, people will examine this stuff and as aaron said, it was examined a lot when she ran for the senate. it is not only democrats that are attacking her. but donald trump mentions it.

>> that's interesting. you think he has a weakness, his finances and businesses they have been under scrutiny for his entire career. >> of course he does. and since when does anything hurt him? he has an ability to swat away all sorts of stuff and no one seems to care when it comes to at this time other candidates. carly fiorina said she acknowledged she was fired and that's what happens when you challenge the status quo. and ophrahin winfrey and steve jobs was fired also in their lives. >> even mention walt disney. and we thought it was notable. we'll see where it goes from here. thank you both very much. >> jenna, resources are wearing thin as dozens of wildfires spread on the west coast. california and montana and over

in colorado, the situation is so challenging, now the pentagon is sending active duty soldiers to balt the flames. but the question is, is rain in the way. is there relief in sight? >> i wish i could deliver the news of moisture in that area. but unfortunately over the several weeks, we'll not get much- needed moisture. we have it to the east. we have been anchored with high pressure in the pacific and the wildfires continue to burn and expand. we have 82 fires as of this morning over 100 acre. and this is a dire situation and we have thousands of firefighters in the front line and families that are affected. looking at the fire weather index, that is where we could see potential for more fires erupting and southern california and four corners. above in the atmosphere, we have

had high pressure dominance and the storms have skipped the west. and as we get into thursday and friday, high pressure will weaken a bit and allow the troph to move in and bring the temperatures down which help for the short term. long-term, it will continue to be dry and if we get moisture in here, that could be moisture evaporates and you are left with driveway lightning and the chance of more wildfires spreading. and the the drought, we talked about it for months and months tis a dire situation in california. we could get moisture in the southern california and four corners, but the rest of the west coast will remain dry as of the forecast and above average temperatures. this is certainly a story to monitor in the fall months and winter. >> green above average will push it left to california. >> fingers are crossed in the

weather department. >> thank you. >> fox news confirming that two women making history by being the first female graduates from army ranger school. we don't know their names. but officers in west point grads, it is it an update in the first story of "happening now". both completed the ranger course and allow them to participate in the ongoing effort by the military to open thousands of front line combat jobs to both genders. 400 went through the course and only 100 graduated. >> that is tough, congratulations to them. new developments to take in the boston marathon bombing case. could dzhkohar tasarnaev get a new trial? a manhunt under way for the suspect who is responsible for

this. the deadly bomb nothing bangkok, thailand. and we are waiting a big decision from the fda that could affect intimacy for millions of american women.

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questions of when and how that drug should be used. doug has the information from washington. >> reporter: the decision may come down and meaning a gold mine for the drug manufacturers out of raliegh, north carolina. hippo sexual desire deficiency is common among women as erect tile is in men. it is not as simple as popping a pill. but the new drug called fla mbansorit is showed promising trials. and demonstrated better in the placebo in all domains in sexual satisfaction. there is questions whether it

reaches the threshold of widespread benefit. it was developed in the 1990s as an antidepressant but didn't work with with that. but had helped women that were menopausal. it may have caused a spike in elderly male promiscuity and sexually transmitted disease with vague vague. we expect it if not today later this week. eric, back be to you. >> drones will play a bigger role in the national defense. we'll tell you why. and the u.s. government handling the economic down turn and speak with a wall street journal will reporter who said the government

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>> and now on the iranian nuclear deal. bob men endez is an unspoken agreement. and speaking at seton hall university. roughly 30 or so democrat senators are leaning to backing that deal. but the most influential defector was new york senator charles schummer who is against the agreement and raising a lot

of questions mendenez has been about approximate how the billions would be be used in funding terrorism and what would happen in the 10-15 years when the agreement expires and if that would allow iran get a nuclear bomb. senator bob menendez announcing his opposition. we'll have more on that in the hour. the pentagon is planning to ramp up the use of drones. particularly on russia and china. drones are used for surveillance and others have taken out terrorist suspects. the military will increase use 50 percent over the next several years. we told you about the growing concerns in the stock market correction and recession.

the wall street journal tackling the topic of another crisis and the surprising lack of tools that may be available from the government to help us tackle it. here is a quite from that article. clouds gaerth overseas and policy makers worry about recession. not if a down turn is imminent but whether they will have firepower to fight back when one does arrive. joining us is john. it is an interesting quite. your big talk away as you reported on this article. where are we as far as being close or what about the tools the government has or not? >> the government lacks tools. as far as being being close to recession. there are not a lot of signs that the u.s. economy is

threatened but there are signs that economies overseas are having happens. the japanese economy contracted and we report about fault lines showing up in china and stock market falling and government devaluing the currency and the europe struggle with the greek crisis. it is threats from overseas and a lack of tools to deal with the recession if one actually occurs. >> what specific tools are you looking at? >> we'll talk about interest rates. traditional tool kit over the past decades. when we go in the down turn, the federal reserve cuts interest rates to make it easier to refinance the loans and carry the financial burdens and makes it easier to bring forward borrowing that they might do in the future for new investment

and spending. short term interest rates are at 0. and long- term are at low levels. if we go in another down turn, the fed doesn't have room for the traditional step to cut interest rates. what other steps might they take? >> what do we talk about on the stimulus. what about the government being to involved in this economy as it is. and maybe it is good that there is less tools. and something to go through in the next stage in their economy. >> there is arguments that the government is too involved in the economy and a few things that the government could do to provide fiscal stimulus. more spending in which the obama administration emphasized with the stimulus in 2009. and could cut taxes. the problem is, there is less fiscal space for the government

to make either one of those choices because our debt levels ran up a great deal in this cycle and importantly next 10-20 years, debt levels will rise because of baby boomers that are aging and soaking up more entitlements and fiscal outlook deteriorates and that constrains the government in terms of fiscal. and the tax or spending side. and if it wants to do something to give the economy a jolt in the down turn. >> it is covering so many different topics. and one of the things and questions that emerges from this, how dinnered do i need to be now as to whether i have money in the stock market or current expansion and earlier it is 16 months longer than the average we have seen in the last decade. and so what about the time line.

and when you should get really concerned if you need to be? >> this whole expansion is so unusual. it is the 7th year and no expansion has lasted ten. and if you pull out a calendar, you would say in the next point in three years, something bad is about to happen. and the economy is growing so much more slowly than it grew in previous expansions. and some people argue that we don't have the excesses building in the economy than we did in the past. it is hard to look at the housing market and say there is a housing bubble and look at the stock market and say there is an obvious tech bubble and what is so unpredictable is what is going on overseas and makes it threatening, really. we don't have control over what the chinese are doing to their

economy. if they hit a real rough patch and bound to affect the united states. and you ask what we could do now. one of the things that econmist are arguing and former fed was arguing is what the government should be doing and dealing with long- run budgets. and so if something happens they take steps like cutting taxes and increasing spending and investment. we are not in the position to do with that and they have energy to do with the long- run budget. >> it is not only the timing of it all. but every election that are in the know, say it is really the economy. if it changes in the next 12 months and what are the leaders saying about what they are going to do about it, quickly, jon? >> what people should ask their

leaders what insurance are you taking out? how are you preparing the government's own books and they haven't done it? >> john, that is a great question. nice to see you, thank you. >> coming up, is there a double standard in the investigation of hillary clinton's private e-mails. intelligence experts believe there are grounds against the former secretary of state. and the attorneys for dzhkohar tasarnaev are demanding a new trial and say the proceedings against him was completely unfair, will it work?

>> the investigation continues into hillary clinton's private e-mail server. there could be grounds for an obstruction of justice case against her. she admitted to deleting the e-mails after the creation in benghazi. kathryn herige is in washington. >> first, there is new information on the fbi's review of the three thumb drives. the thumb drives are not a back up copy but a copy of the e-mails clinton did not purge and adding that the fbi is looking to recovery them. and significantly the electronic copies are allowing

investigators to map the slow of e-mail traffic and experts believe that the electronic trial will identify who identified it to the unclassified system. additional copies that the fbi has allows them to look at who else got the message and flow of traffic and who was involved and who sent messages and gives a mosa ic kind of look and with respect to the outlawed server she had. new questions about a double standard. jeffrey sterling was sentenced earlier this year for illegally leaking classified information. and prosecuted for obstructing justice. in the sterling case only one e-mail was missing compared to thousands deleted by mrs. clinton.

>> equal justice under the law should mean something. and they should be applied uniformally. i maintained that sterling was innocent and shouldn't have been charged. but deleting 30000 e-mails is numberically worse than one. >> and when he representing jeffrey sterl nothing 2003. and was told that if his office failed to return the documents they lose security closing. they say it is a different standard than what mrs. clinton's private attorney has been held to. >> there is a question after looking at the lawyer's e-mails, about whether or not the purged e-mails are there to recover from anyone.

>> reporter: the thumb drive that was provided by david kindle only had copies of the e-mails that were not purged by mrs. clinton. and the server is a different story. we are told that the fbi is actively seeking to recover the deleted documents on that server and hopeful and confident that many can be recovered, jenna. >> that was one of the questions. catherine, thank you. you're welcome. >> and attorneys for the boston marathon bomber is arguing that their client deserves a new trial. there was no way but be jurors influenced by social media. they want a new trial for him. he was convicted in april for the horrible attack for the deaths and injuries.

they tried to escape. will this bid work? we'll have fox news legal analyst. >> we knew it would come from the beginning. this is the only thing that could appeal. we have seen the american sniper trial and colorado massacre trial. this will not get a change of venue. it is what they have to do as defense attorneys but it will not win. >> they have to appeal it. he's sentenced to death and so you have to appeal because of what happened with the trial this should have been transferred anyway. there was too much media coverage and social media coverage. >> there is always coverage. and the american sniper case. >> it doesn't make it right

though. >> but it -- >> make sure they have a fair trial. >> even though you have heard this can you be fair and impartial. if that juror said yes. that is enough. >> you have something major like this, and the bombing that impacted everyone in the community and everyone knew someone who was attached to this, they should have move today. >> it goes beyond the change of ven ow, it is the social media. let me read you what the lawyers say. social media saturation would have been unlikely. friends and families were immersed in the furry. but the coverage. and environment and saturated boston. and they did an improper venue for the trial. >> it was not just boston.

the whole country was affected by this. anywhere you move it would have been affected. >> that means no fair trial anywhere. >> why would you move the venue and give a different judge and prosecutor and all of the tax dollars changing the venue to a venue still? >> can you be fair? >> boston was the nucleus. there would be social and news conference but approximate not as concentrated as in that area. >> i don't believe that. my son was in the boston marathon. and i was in new york. are you telling me i was not affected. the whole country was affected. >> no new trial. >> probably will not get. it but they should have moved it. >> no. >> and veterans are outraged over there. a military headstones as a pathway?

what is this about? >> and unknown and massive grave uncovered in pennsylvania. it could date back 100 years. we'll tell you about this, next.

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is no cost to you. really?! being there whenever you need us... that's another safelite advantage. safelite repair, safelite replace. >> hey, everyone. i am gretchen carlson. with with all of the talk on the citizenship. we'll take a look at the constitution and what you need to do to change it. plus, think there is a difference between 41 and 51 percent. maybe not to me. but the goal star poling will repeal poling insights. and >> and upset about a pat row and staircase that appear to be built as military gravestones. they show the names of the vets and spouses. he was not able to find the

property owner at the time. they look new. and the van is looking into approximate this. the old military gravestones should not be used for home improvement projects. >> the window to the past is cracking open in pennsylvania. looking back to a scary time in our nation's history. they uncovered a mass grave working on the property 90 miles west of pennsylvania county. and the bones of the victims they found was part of a massive flu pandemic and killed 100 people. tom is a executive director of the historical society and joins us on the phone. tom, did they have any idea that the mass grave was there. they have talk in the years where there is a property transfer in the 90s and might have been a mass grave relative to the proximity imitty of a home in the area.

>> and the bones could belong to grand parents and great grand parents and what happened in that it flu? dump bodies and bury them at mass. >> and it is a scope that is tremendous. and folks for example were inti gent and living by themselves and didn't have relatives. there was a struggle to be able to bury the dead if you will and provide health care services. they were left with little choice and no one could identify them they were left with no other choice and have mass burials. >> tom, it is so interesting to see the snapshot in the history that is easy to forget. and vaccinations and whether or not it is the right call for our children and for us.

i was interested in a recent interview that it would be so bad if you had a casket someone would steal it from you. tell us what the flu epidemic was like? >> it was right in the end of world war 1 and 16 million lives were lost. and this killed 50 million people. and in fact in the united states the population was affected inclouding president wilson. and you take a small town, in the county where there was a handful of doctors and nurses. most were recruited to fight in the war at that time. they were the first people to succumb to the flu. i have read the microfilm accounts in the journal and front page headlines and you used the operative word.

it was gruesome. the governor declared a quarentine for the areas and the funerals were private and schools and churches and only thing would be the hospitals and some of them were makeshift and drug stores. and it is hard to imagine that and no fears of an out break. and what do you hope to learn in the discovery of the site? >> here we are 97 years removed and how much further have we gone? the soldiers brought it back from overseas and identified as a h1n1virus and a sterling example of how they spread. how dow prevent it from occurring today? i don't know how much better preparred we are, truthfully. >> that is amazing. >> tom, you are a great source

of information. we'll be watching the story coming out from there. >> those who don't know history are condemned to don't know his are, what, condemned to repeat it potentially? >> we'll watch that story for our viewers. m the meantime, news from the irs keeps getting worse. hundreds of thousands of taxpayers believed to be the target of cyber criminals. is your personal data at risk? plus a number of boats blown up and sunk in territorial waters. what message authorities are sending. 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.

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indonesia sends a dramatic warning against poaching fish in

the country's territorial waters. yep. setting fire and blowing up boats. sinking 37 foreign fishing vessels today. the owners of the boats and the boaters declared guilty by local courts of poaching or poaching related offenses. the ships were blown up in sea ports over the country. it's known as some of the world's richest fishing grounds. the cyber breach at the irs earlier this year is worse than previously thought. the agency saying cyber thieves accessed more than 330,000 taxpayer accounts, more than double the number originally believed to be involved in may. they say it appears to be a scheme to steal identities. jerry willis joins us from the fox business network with a look at whether or not our information is at risk. that's the question with a story like this. >> that's right. what we know today is hackers successfully gained access to prior-year tax returns for an additional 220,000 taxpayers.

we found out in may there were 114,000 people whose information was compromised. let's go over what this means. what they got access to as something available in what's called the get transcript function of the irs on their website. this is a place to go access prior-year tax filings. what's on that information? you have social security numbers, names. even the social security numbers for your kids. your income, where you live, your street address. this was a very big get for the bad guys out there. i have to tell you, the irs had to conduct a very deep analysis to come up with this additional information, looking at some 23 million get-transcript function records. they went through a lot of information. what individuals are getting, free credit protection, p.i.n. numbers. credit monitoring. stand fare for people caught up in this kind of scam. they're sending notification to the additional people by snail

mail. you'll have to wait a few days if you're worried about being one of the folks caught up in this. this is also adding fuel to the fire for people who have been critical of the irs in recent months. chairman of the house ways and means committee, the committee that oversees the irs saying this is not confidence inspiring. >> that sums it up. thank you. have you seen this? science fiction moving closer to reality. imagine coming across this in the woods. the final 30 is next. ♪ across america, people like basketball hall of famer dominique wilkins... ...are taking charge of 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.

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time for the final 30. intriguing but also kind of creepy. some say. this 6-foot 300-pound robot strolling in the woods in

massachusetts. connected to a power tether. the robot is being developed by a google-owned company. what would you say, eric, if you're strolling along and that comes down the path at you? >> in the woods. >> we're not ready for it yet. that's the takeaway. >> true. thanks for joining us. "the real story" with gretchen starts now. thanks, guys. how easy is it to change the constitution? with regard to immigration. judge michael mur casey will tell us. accusations of rape at a new england prep school in criminal court. basketball great michael jordan in court. shocking numbers on how much money he is actually making in retirement. "the real story" starts right now. ♪ ♪ first we have this today. we're about to hear from hillary clinton for the first time since new revelations broke