>> people want you to tweet out a picture. your own personal business. see you this time tomorrow for more outnumbered and now on the web, foxnews.com/outnumbered, click the of the time tab because we are going on, happening now starts now.

tries to and it is anxiety. >> david, the reference to the facts. the fact is that you as a public servant regardless of what those e-mails are labelled. how can hillary clinton get around the simple fact? >> where did it say that? she had a private server and everybody knew and it was fine. >> it is illegal.

>> you may say it is illegal. but what legal authority say it is illegal for a private server. not even trey gowdy and the chairman of the benghazi investigation, no one is saying it is illegal. >> there is no charges yet as you point out, david. >> i point out it is not illegal. >> shaun, you are not allowed to do that and that is not something within protocol regardless of how the e-mails are classified. >> it is getting worse and worse for the clinton campaign every single day. her press conference was cringe worthy. the simple fact she is trying to convince us that only the media care about this. voters find her untrustworthy and the majority of the voters think she did something wrong.

she kept classified information on a private server in a bathroom closest. david petraeus had to plead guilty for keeping classified information at home. clinton not only had it on a private server and put it on a thumb drive and gave it to her lawyer. and now we have e-mails that were deleted and we may never know what is on that server. >> david, there is an investigation going o. how is this story impacting the campaign? >> it is what would any on in that different agencies have competing interest of what is classified and what is top secret. and with the request. look at the request, that leads to them determining what in fact is classified or top secret.

that's what is going on now. it is in public view for the mere fact the secretary in her transparent efforts asked for those e-mails to be made public approximate -- that is unlike the republican candidates being jeb bush who released 250,000 e-mails. >> you didn't answer my question. how is it impacting her campaign? this is one of the stories that is not just on fox news. you are seeing it on the different networks and the new york times, how is that impacting her candidacy right now? >> i think the intention like we are talking about rather than the issues of equal pay, >> okay. >> and middle-class. you asked the question. let me finish. it takes away from the discussion of the issues that

are a concern. >> let me ask shaun about that. shaun, we had larry on our program and said only 20 percent of the american voters are paying attention right now. i ask you the same question, this does so many to be a headline grabbing story, what is the true impact on hillary clinton's campaign. >> it is tremendous. she's tanking in the polls nationwide. voters find her untrustworthy and this is an important issue. the only reason she would put the e-mails on a private server to prevent the american people from knowing what she is saying. john kerry, for example, does not have a private e-mail server. he relies on state department e-mail. hillary clinton wants the american people from knowing what she was saying and now why

we have an e-mail server that have thousands of e-mails that were deleted. >> jenna, if i may. she is ahead of jeb bush by nine points and ahead of donald trump seven points. and jeb bush. >> but. the numbers have fallen. >> look at jeb bush's numbers. >> we have played that game all day long. but the question is. >> her polls are higher than everybody else? >> this is looking more like watergate. >> there is that comparison being made. it is an interesting question of what is the impact truly on the campaign 6 or 12 months from now. we'll see, >> thank you, jenna. >> in the moan time six presidential candidates are in new hampshire talking about

education. the 2015 education summit is built as an event to talk about the building state of american schools. john? >> good afternoon to you. >> reporter: this is the deepest of deep dives. a lot of common themes bounced around, common core, to school choice, federal versus local control and everyone agrees that public education is in crisis and the next president will set the table for urgently needed education reform. carly fiorina believes that the federal government needs to get out of the way. and instead help states drive innovation. >> we are leaving so many children beapproximate hind. and because of a lot of other nations that compete, we can't leave a single child behind.

>> reporter: ohio governor john kasich said as president approximate approximate he would travel with state legislators to consult on how to fix the broken system. kasich wants to fix immigration. like donald trump build a wall and deport anyone that crossed it after it was built. he wants those here to earn a path of legal status. and not change the birth right citizenship. >> i am not going to change the constitution. if you are born here, you are america. >> it should always be that way? >> this is another throw a wrench in the solution that is going to work. just leave it like it is and do the other things. build a wall and let people know if they come illegally they go back. >> reporter: kasich is on fire. he is now challenging for second

place. gregg, the crowds are three times the size they were back in july. it is interesting to watch. >> and an incredibly subject to all americans. >> we are learning more about the two women graduating from the army ranger school. and authorities calling in reenforcements to get the upper hand on out of control wildfires. we'll show you the latest damage and we learned that thieves are taking advantage of the croisis. he was once the face of a fast-food chain and now he faces serious prison time. pe . ...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. it's taken once a day, any time. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes when used with diet and exercise. it is not recommended as the first medication to treat diabetes... ...and should not be used in people with type 1 diabetes or diabetic ketoacidosis. victoza® has not been studied with mealtime insulin. victoza® is not insulin. do not take victoza® if you have a personal or family history of medullary thyroid cancer... ...multiple endocrine neoplasia syndrome type 2, or if you are allergic to... ...victoza® or any of its ingredients. symptoms of a serious allergic reaction... ...may include itching, rash, or difficulty breathing. tell your doctor... ...if you get a lump or swelling in your neck. serious side effects may happen in people who take victoza®... ...including inflammation of the pancreas

(pancreatitis). stop taking victoza®... ...and call your doctor right away if you have signs of pancreatitis such as severe pain that will not go away in your abdomen or from your abdomen to your back... ...with or without vomiting. tell your doctor about all the medicines you take... ...and if you have any medical conditions. taking victoza® with a sulfonylurea or... ...insulin may cause low blood sugar. the most common side effects are headache, nausea... ...diarrhea, and vomiting. side effects can lead to dehydration... ...which may cause kidney problems. if your pill isn't giving you... ...the control you need... ...ask your doctor about non-insulin victoza®. it's covered by most health plans. don't wait for a chip like this to crack your whole windshield. with safelite's exclusive resin, you get a strong repair... ...that you can trust. plus with most insurance a safelite repair is no cost to you. really?! safelite repair, safelite replace.

>> authorities are calling in 200 active duty soldiers to help battle dozens of raging wildfires out west.

some of the most destructive blaze are in a resort communi w the flames are scorching more 170 square miles and burning homes to the ground. >> just the way the fire is torched and crawled up the trees. >> we have had added increase of burglaries and we are increasing the patrols in those areas. >> william is reporting from the west coast newsroom. >> reporter: gregg, already this year, the fire burned 11000 square miles, the size of maryland and largest since 1985 and we have two more months of fire season. homes and business and wildfires in dust. thousands of buildings are destroyed and the focus now is washington and oregon. hundreds are evacuated and new

england trying to build containment lines around the frames. >> it is said. a lot of people lost property and a beach that was wiped out. 10-12 homes. >> reporter: take a look at the smoke. it is stretching in the midwest, so think in washington, they can't see the sun. >> i can't breathe at all and it is killing my lungs. >> my nose is running and my eyes are running and i feel sicker. >> reporter: record- setting drought in the west. dry brush and grass. and now triple digit heat. no humidity and gusty winds and devastating thunderstorm and leaving the states for tankers and manpower and the soldiers

will detry on sunday in washington state. california, good news, 13 fires, each 120 percent contained or better. but this one is not. this fire. yellow dots show fires 24 hours old and the red dots has breached route 180 to the south and forcing thousands to evacuate. four fires are exhausted. >> the part that make its treacherous is the heat in the areas that burned. all of that black and the sun reflecting it all day long. we have to make sure they are hydrated and work smart. >> reporter: already in california, it is against the law to interfere with a fire. but california law makers are considering a bill increasing fines and jail time for anyone who flies a drone anywhere near a wildfires.

you the faa say you can go 400 feet. but the helicopters are at altitude and law makers say no drones at all. that is in sacramento right now. back to you. >> william, thanks. we are learning more about two women who made history. they are the first two women to graduate from the army ranger school. the captain is a military police officer from connecticut and a graduate of west post. and the lieutenant is from texas and graduated from west point in 2012. the ranger school opened to women first time since april. and the navy is about to follow suit. and the navy top officer said they plan to open the elite seal teams to woman who pass the six month training course. >> good for them.

scientist discovering super strains of head lice. the so- called super bugs resistant to overthe counter treatments. many doctors say over the counter treatments will work most of the time as long as they are used properly. ray pediatrician can prescribe stronger treatments. >> wait until you go to your son school and be a parent do the head lice check. >> oh, great. >> and a former subway spokesman jared fogel pled guilty to child pornography charges and sex with minor. pleading guilty. this is as we learn how much prison time he could serve. and people who flee a smoke filled subway. and why one major city is preparing for a major disaster.

rrn unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. look at the footwork! most common side effects include ingrown toenail, application site redness, itching, swelling, burning or stinging, blisters, and pain. smash it! make the call and ask your doctor if jublia is right for you. new larger size now available.

>> right now we are learning more about the charges against jason fogel. he is pleading guilty to child pornography and minor sex. he will pay restitution to 14 minors involved and looking at serious prison time. mike? >> reporter: no less than five years in prison for jared fogel who is the man we know is the subway guy after pleading get for underage child pornography and paying for minor sex. he has to wear an angle monitor.

however, the charges against fogel go on to say between 2007 fogel patrolled the internet looking for sex with minors. and the defendant engaged with sex with a minor 13. and the next day the defendant sent text messages offering to pay her a fee if she could find him an underage girl to engage in sex acts. he would accept a 16-year-old girl and stating the younger the girl, the better. >> jared fogel will do his time. he expects to get well, he expects to continue to make a mends to the people whose lives he has affected but family and nonfamily members.

and he at some point wants to become a member of society. >> reporter: i am in the process of seeking a dissolution of the marriage. my focus is exclusively on the well-being of my children. >> fogel agreed to pay restitution to the victims and works out to 100,000 to each of the known victims. the subway company will only say it ended all relationships with jared fogel. >> mike, what a case. thank you. >> rescue crews responding to a subway station in south korea. officers taking a part in an anti- terror drill. passengers pretending to come in contact with fake toxic gas. the practice does prepare the emergency workers for the

possibility of similar attacks like the bombing in bangkok to killed 20 people. back to politics. mcdonald trump making a proposal on immigration. presenting his plans to fix a broken system. and how his fellow republicans are responding. hackers followed through on blackmail threats and releasing personal information on people using the website. the site that openly advertising itself for cheating spouses to meet could face legal action. we'll have that story coming up. ♪ the time will come when you'll be blue. ♪ your cheating heart, will tell on you. ♪ when tears come down like falling rain.

note i think she tried to kill us. no, it's only 15 calories. with reddi wip, fruit never sounded more delicious, with 15 calories per serving and real cream, the sound of reddi wip is the sound of joy.

specific about his plan to fix the immigration. proposing mass deportation and eliminating birth citizenship. we'll have more from blake from washington. >> reporter: critics of donald trump said part of his plan doesn't just take on immigration reform but the u.s. constitution. trump said the children of

illegal children should not have birth right citizenship and that has been protected by the 14th amendment since 1866 and trump calls it the biggest maginant of illegal immigration. >> if you are born here you are an american period. period. >> but there are many lawyers, many lawyers say it is not the way it is in terms of this. they are in mexico and going to have a baby. they come here a couple of days and saying it will not hold up in court. they say it will not hold up in court. >> reporter: republican contenders are weighing in rubio labelled it not worker. and graham said it was gibberish. and scott walker said his plan is similar to trump. he favors deporting 11 million

illegal immigrants in the u.s. because they need to go. jeb bush has questioned whether trump's plan is grounded in reality. >> what mr. trump proposed will cost hundreds of billions of dollars and desrupt communities. >> reporter: he will likely face questions from voters on the issue. jenna. >> we want to hear from you. do you agree with the immigration policies of donald trump. go join the conversation. actors have posted information stolen from the ashley madison website that openly caters to people interested in extra marital affairs. it had the addresses and contact info and dumped on a part of the internet known as the dark web.

it can be viewed, using a special browser that anybody can buy. and so could the ashley madison website face legal action? we have wendy on a trial attorney. and clay joins us former prosecutor. let's take all of these separately, the potential legal actions and wendy, begin with crimes, not lawsuits, but crimes. is it a crime to hack and extort? >> it certainly is. you know, this is not only hack but a hijack. it is a federal crime to hack in the system and steal the information but further we see the extortion activity. cyber exploitation and so criminally, there is a lot of directions this might go once we learn how it happen. and i know we will get to the civil lawsuits, but it is easier

to prove civil liability be once you have the criminal liability. >> and the hackers or impact teams that would be a task for the feds, but look, troy, the hackers claim we did this because the website is immoral. that may be true but in a court of law, that is not a legal defense? >> it is no defense and ashley madison could be on the hook for civil liability, but anyone suing ashley madison for the loss or breach of private information would have to show that ashley madison would have to show the computer protocols fell so far below the national standard to make them negligent. we can see the federal government and office of personnel management was not be

able to keep information secret. >> and when a bank gets robbed. if skilled thieves do it you can't prove negligence on the part of the bank. wendy, here's what the hacker ares said they would do, and it appears the best we can tell. we will release customer records and profiles and the customer's secret sexual fantasy and real names and addresses and credit card transactions and employee documents and e-mails. all right, so clearly, users might try to sue ashley madison. >> it goes beyond remorse and divorce. one of the things everybody will look at and those who admit to step up and bring action, what representations were made to them that led them to believe

that it was safe to post the information to begin with. this is not a site for sharing recipes, they are sharing sexual fantasy and nude photos, ashley madison knew this. they had been bringing a dulterers together. but whatever they are looking at is the language. words matter. what did ashley madison say? what did they assure the users to entice them to post the embarrassing and damaging material that they agreed to do? >> you know, troy, the hackers are making the following claim that ashley madison charges an extra fee to sort of wipe their profiles clean, but in truth, they don't do that and they retain information. isn't that business fraud? >> it could be, but look, i always tell my clients. i tell everybody that i know,

never post anything on line. never send an e-mail or text that you would not mind your mom hearing at your trial. and if ashley madison fraudulently took $19 with the people thinking that private information was wiped and it didn't, it could put ashley madison in a heap of trouble. >> in the long run, maybe divorce lawyers will be the beneficency of new business. in new york, for example, it is a no fault state. used to have to prove infedellity or physical harm and now, they finally joined the rest of the nation and gotten out of the dark ages and now it is no fault. but the divorce lawyers will get business. >> it is divorce lawyers and class action lawyers and

business lawyers. and the lawyers that are making money and looking at. was ashley madison practicing safe cyber security. regardless of the assurances they made. they have to show they took every reasonable precaution. ashley madison said it is not hackicism but criminal activity. but they are out of business and no one will use the site after. this >> life is short, have an affair. they might want to rethink that. wendy and patrick and troy, thank you so much. thing about thing is, 15000 of the e-mail users were government and military domains. >> so they were using work e-mail. government e-mail comes up again. a theme in our show. >> they could get in a wee bit

of trouble. >> speaking of controversy, over a decision boy the fda to approve a highly addictive pain killer for children. oxycontin, a good or bad medicine. doctors are in to debate it next. hp instant ink can save you up to 50% on ink delivered to your door, so print all you want and never run out. plans start at $2.99 a month. right now, buy an eligible printer, and get three months of free ink with hp instant ink. available at participating retailers. the most affordable way to print. hp instant ink.

>> hi, everyone. i am gretchen carlsson. hillary clinton's spokes person doubling down on the e-mail and server problems saying that the voters don't have any questions about it. we'll ask ed henry about his tough questions. and a teachener a rape trial takes the stand. how will text messages factor in the case. we'll ask the ceo and founder of the company that makes the little pink pills for the ladies if they work and are the side-effects worth it. join me at the top of the hour. >> that little pill is what we are talking about. the update from "happening now", the fda approving the first drug

to treat female intimacy problems addyi and for women who complain about a lack of li beddo. it comes with stringent safety restrictions. the fda rejected the drug twice because of side-effects and questionable success. >> and staying on the health beechlt the food and drug administration approving the use of oxycontin. the abuse of pain killers among adolescents is on the rise. oxycontin is a powerful narcotic and highly addictive. the fda said it is okay for children as young as 11 that can't be treated with other medicine. we have the doctors here. doctor, it is noise to have you

on. you have five children which i like to mention. it is impressive and speaks to your experience as a mom and a doctor, you have prescribed oxycontin and this type of pain killers for children. when would it be used? >> in the cancer patients. these kids struggle with chronic pain and high doses of medicine and keeping up is a real trial not only for the patient but care givers. >> doctor, the cancer one could understand. but this statistic is interesting. the american headache society announced one in six children complaining of migraines are given opiates first. that's the first thing given to treat a chronic headache. what do you see as a risk to this? >> well, listen, the epidemic started in 1996 when the drug was released. sales were 45 million and within

a few years it was over a billion. this drug was part of a public health crisis and national epidemic that peaked in 2007 and the company had to pay fines of over 600 million for misbranding the drug and promoting it to primary care physicians instead of using it for what it was for, severe cancer pain approximate. i am concerned about the medication and the way it is used. the physicians are the last line of defense to make sure the medication is used properly. it is meant for severe pain and not general use. the fact that the fda approved it is a moot point. it is incumbent on the physicians to prescribe it properly. >> doctor, what do you think of that and the risk that physicians now, it was allowed, you were able to prescribe the

pain killer before. the fda stamp of approval puts it back in the news to talk about. what about the risk of overprescribed for children and sets them on a path for addiction? >> you know, there is a real chance for addiction, and i completely agree the opiate addiction is horrific and growing and we regularingly do see this trend from perqoset to heroin and we understand, and i see and deal with regularly in our emergency room. we are aware of this. we know that we are only going to prescribe these drugs to patients who really need them and in a highly regulated manner. the fda approval will is already for patients tolerating a baseline narcotics and oxycontin is a slow release of

oxycodone being approved. actually, the fda approval comes with specific recommendations and limitations which just puts more reminders on the physicians to be so careful in terms of regulating it. >> doctor, it comes to who is prescribing the oversight and the patient who is takeing this. how do you see a balance and pain management? we know that chronic pain is on the rise inside of this country and how do you see that balance between the two? >> you know, this is one of the things we struggle with as physicians all of the time, pain as you know is subjective, we can't measure it. we only go boy what the patient tells us. we try to assume that the patient is being truthful and when you consider other issues like addiction that play into

it, it makes it difficult to distinguish between pain and manifestations of addiction. >> that is true. great to have you both. thank you. >> always a pleasure. >> and announcing a target date now for a settlement between the nfl commissioner and tom brady over deflategate. we're going to have the latest developments live from a new york city courthouse. plus, a barn blown to smithereens, all captured on camera. what caused that blast? at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

i brto get us moving.tein 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.

a barn explosion in maryland caught on camera. firefighters are seen battling the blaze when all of a sudden the fire explodes and sends that fireball and black smoke into the air. the blast was caused by a diesel tank inside the barn.

fortunately no one was hurt. the cause of the fire is, though, under investigation. just in, the nfl and players association back in a court of law today over deflategate. the two sides so far failing to reach any settlement. notwithstanding days of closed-door negotiations. senior correspondent rick leventhal is reporting. >> reporter: because the two sides failed to settle despite hours of negotiations including brady and goodell behind closed doors for several hours along with their attorneys. the first thing the judge told the lawyers this morning that it's in their best interest to resolve the dispute themselves. instead they gave oral arguments to the judge this morning, who peppered them with questions throughout the two hours and 20 minutes of open court today. the union's attorney jeffrey kessler went first and said that brady's four-game suspension

should be set aside for any one of four reasons including lack of notice by the nfl that brady, being generally aware of the deflation or failure to turn over his cell phone who ever result in punishment and failure to have standards and the testing. and evidence partiality suggesting roger goodell was biased and fundamental fairness saying the union was denied evidence. the nfl's case is summed up in its brief saying, quote, as a matter of law the commissioner's evaluation of the evidence is binding here. in court nfl attorney daniel nash said the manual reminds the players they're subject to suspension or banishment from the league for conduct detrimental to the game. the judge says he is going to make a decision before september 4th. if brady wins before judge berman he'll be playing weeks one, two, three, four. draft him on your fantasy team. the nfl has a hail mary play to

ask the second circuit to stay judge berman's order and tom brady likewise has the same option at his disposal. >> first we need a deal reached between the parties or a decision by the judge. if there isn't either one of those things by the end of next week, the two sides including brady and goodell will be back here in federal court next friday. >> it's all about air, believe it or not. all right. rick leventhal, thanks. if you've got a craving, you can always find something deep fried and delicious at the state fair. this particular option in texas might appeal to fair-goers with champagne taste, greg. chicken fried lobster, anyone? >> yeah! i'll take that! ♪ ♪ ♪ heart attack

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... ...with a strong repair they can trust. plus, with most insurance a safelite repair is no cost to you. really?! being there whenever you need us... that's another safelite advantage. safelite repair, safelite replace.

time for the final 30.

a new delicacy at the texas state fair. it's called a seafood spread. chicken fried lobster tail. served with champagne gravy. real champagne, greg. >> i do like the lobster part. thanks for joining us. "the real story" with gretchen starts now. thanks so much, guys. we'll run the numbers on how much it would cost and save the government to implement the trump immigration plan. the amount of government email addresses found on the ashley madison extra marital went hack astounding. we'll talk to the makers of the pink pill. hi, everyone. i'm gretchen carlson. "the real story" starts right now. new fallout after hillary clinton seems to try to brush aside her growing email scandal. as the former secretary of state and democratic presidential