of them are absolutely healthy. most of them i think are absolutely healthy. i think point of is this just to because people are ridiculous and think they can do anything. >> we have to go the "outnumbered" tomorrow noon eastern, catch us her "happening now" starts now. "happening now". wildfires take a deadly turn. >> i can't imagine. >> three firefighters have been killed and it is crazy and how these heroes died in a fierce battle with mother nature. >> and dozens of guests lucky to get out. >> what caused a gas leak that demolished a motel? and sailing every day.

>> why being on the water can sink your budget. >> owning a boat is expensive. >> but now you can be the captain of your ship. >> living on the water is a great life. >> it's all "happening now". >> but we begin with hillary clinton e-mail controversy. now it is a matter of law in a court of law. the federal judge holding a hearing that is getting underway right now dealing with the request of freedom of information act. welcome to "happening now". i am gregg jarret in for jon scott. >> and i am jenna lee. at the issue is the issue of double-dipping. a special deal to allow her to have a private job and on the

payroll when hillary clinton was secretary of state. all of this is the signs of hurting her presidential campaign. a poll shows vice-president biden leading hillary clinton among some. and doug is live with more. doug? >> reporter: hi, jenna. biden's rise is cat logged in the poll in the important swing states of ohio, pennsylvania and florida. no candidate has won the presidency since 1960 without carrying 2 or 3 of those three states. biden is running better that clinton. he could beat donald trump and in ohio biden could beat trump 48- 38. and pennsylvania 48- 40.

>> i think it is obvious that joe biden and bernie sanders are moving up because the concerns about hillary clinton have been growing. those are the facts. >> reporter: one of the poll directors david brown said clinton is getting less than half of the vote in all three states primaries. and how poorly she scores when voters are asked about her empathy and honesty and temperament. and in ohio she has a 38 negative. and donald trump has negative 34- 53. and the bad news for biden, he has not announced his candidacy yet. everything right now for him looks rosy. >> you are never as popular as the day before announcing

president. it goes downhill when they play the gaffes. and joe biden has a long political career and has those. clinton is formidable in her own party approximate. she is beating biden among the registered democrats. clinton and 48- 38. and ohio 47- 14. and pennsylvania clinton 45- 17. in short, joe biden has a lot of ground to make up if he chooses to enter the race. >> thank you, doug, very much. donald trump and jeb bush poking each other but not physically. perhaps they would appreciate. that each candidate taking off the gloves to attack each other's policy approximate. >> we the united states, he said have to show them we have skin in the game in order to go in to

iraq. we have lost $2 trillion, thousands of lives, wounded warriors who i love all over the place and he said we have to show them skin in the game? >> people look at his record, it is not a conservative record, even on immigration, look the language, is vitrol ic for sure. but it is not a conservative plan. >> in the meantime jeb bush may be on the verge of losing support to ohio governor john kasich. the executive director of americans for change and democrat national committee and mereddies co-founder of former spokes person george w. bush. it is great to have you both. the doouling town halls. wwe, it is it like what we are make it out.

people say it is new hampshire and wednesday and not that big of a deal. what does that tell us with the state of the gop with these two battling men. >> it is about time they started battling out. we hoped it would happen with the cleveland debate when you all hosted. it it is fair game here. it is time for florida governor jeb be bush to go forward and through punches. donald trump has been effective and out there in the driver's society and establishing what the issues are that the gop candidates are going to be talking about. and the only way to gain media attention, because donald trump has that edge, is if you are able to push back and that's what governor jeb bush attempted to do in the new hampshire town hall. >> you say one of the bigger risk for the gop, this conversation is moving the entire party right and that will hurt the gop, why is that? >> i think it will hurt the gop.

after the last election the republican national committee put out a autopsy. they said we need to speak and act better toward the latino community if we are going to eat in the vote that democrats are getting. donald trump is setting the debate. get rid of birth right citizenship and 14th amendment and he uses derogatory term like anchor babies and jeb bush said it and they come on fox and say it. it is opposite of what the republican party wanted to do and pay lip service to doing with respect to attracting the latino vote. >> it impresses that you watch so much fox. >> i love it. >> good. mereddies, to brad's point, is the gop repeating past mistakes that you saw early on in the election that you saw in 2012.

>> as a latino republican, that is an area of concern. it is a balancing act trying to attract the conservative base. but how do you reach out to the latino voters? education and economy is top issues. but immigration hits home with them. they know family members who have come illegally to this country. there are many hard- working americans and how do you find that balancing act. donald trump going too far on the deportation issue is very tricky and again, it does not help broaden that coalition and attract the latino voter. >> i am curious what both candidates say. donald trump said this about jeb bush. he is low energy person and i don't see how he is lengthible. jeb bush saying this about

donald trump. saying he doesn't have a conservative record and he was a democrat longer than a republican. and this is the argument that jeb bush needs to make. because it is true number one. and number one, it is true. and number two, it gives us a comparison to the other gop candidates and it is a desire to go conservative. it allows people to be conservative and proud of being a republican; how do you see that? >> look, the problem that jeb bush has and might be the argument he needs to make and the argument goes back to donald trump's original point. not one person applauded his attacks against donald trump in a town hall where jeb bush invited the audience. he does deliver those attacks in a low key, low energy way. it is pretty clear that it the primary electorate is looking

for a donald trump and more bombastic and they will not get that out of jeb bush. >> interesting, we'll have to love it there. we'll see what actually happens. we'll see if the town halls repeat themselves. thank you very much. >> thank you. the bombshell report raising big concerns about the nuclear deal with iran. the u.n. nuclear watch dog will let iran control the inspections in a military facility long suspected of being a site used for developing nuclear weapons. the secret arrangement, adding to the worries in israel. a country that iran threatened to destroy. john huddy is live in jerusalem with more. >> reporter: hi, gregg. this rea if i weres their

concerns about iran provided too much leeh way and some going so far as saying this allows iran to police itself. the white house said the deal is routine, technical arrangement with iran. you mentioned the apreport, the associated press report. it is between iran and the agency and allows iran's own experts to inspect the military site. this is a location 20 miles southeast of teheran that both the u.s. and israel have suspected of being used for nuclear research in the past and under this secret deal, the a p reports that iran would provide photos and videos of the site that iran maintains is dormant for ten years.

the question is whether iran will be straight up and provide accurate information to the iaea. there is an agreement and saying why haven't the secret site agreements been provided to congress and the american people for review? why should iran be trusted to carry out military inspections in a military site they tried to hide from the world. the iaei general released a statement that he is disturbed by the report and said it misrepresented the way in which we will undertake the important verification work and they released the statement saying that it is bound by secrecy not to release details. a lot of concern in the u.s. and in israel as you said. >> john huddy live in israel.

thank you for much. can we get a better deal? my next guest said it might not be too late and has a idea for a new plan. and north korea regime may be a bigger danger than we actually think. and we want to hear from you. could the e-mail controversy hurt hillary clinton's nomination?

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threatened. we'll keep you posted on the progress here. tension are growing for a major ally overseas for the u.s. north and south korea are exchanging artillery fire along the boarder and an escalation of hostility after north korea fired a rocket and south korea blamed north korea for planting land mines. we have a soldier who commanded the demilitarized zone. retired general bob scales, always great to talk to you here. >> hi, gregg. >> there are periodic as i remember -- skirishes. >> this is different.

the dictator kim jong-un sits shakily on the throne killing 71 of his closest advisor and 32 years old in a society that venerates age and maturity. north korea is having the worst harvest since the 90s and the ability of the north to get food is sketchy right now. the u.n. food program is focused on syria and u.s. and russia will not give them food. maybe the chinese will. no, this is an act of desperation by kim jong-un who will need to keep the finger on the military and blackmail the south, if situations get dire to donate food to his people. this is a carefully planned progression. the down fall of all of this it is that kim jong-un is a sociopath.

>> well said. south korea was using loud speakers and saying we'll fire a rocket if you keep it up and it was a single rocket. and let me ask you this, was that a warning shot or did they only fire one because the north is watch withing the joint exercises with the south korea military together with the u.s. military. >> very important, very important. yes, this is an operation called "old chief freedom guard" and they conduct it every year and the north goes ballistic over it. when i was in korea they will use the loud speakers and it drives the north koreans nuts. what i respect about the whole engagement, the south fired back immediately. they executed the counter fire

program and put 36 rounds in the north. this is different. and this is in the south past instances backed up and away from immediate response to the north. they changed their tune now, gregg. >> let me ask you this, we have had 28 or 30000 u.s. military protecting the south for i don't know since the armistice back in the early 1950s. >> right. >> and there was an article that was pretty in- depth and made the argument that south korea has one of the most advanced militaries in the world, modern tanks and artillery and sophisticated jet fighters and troops and egis destroyers and submarines and so forth, maybe it is now time to begin pulling out u.s. troops.

what do you think of that? >> no, no. i was in south korea twice when two different administrations, the carter administration and early clinton administration pulled troops out of the south, and immediately the north korea army started to move south because they saw a demonstration of weakness. no, this is american presence to send a signal to the north, we are their worst nightmare and the troops are near the dmz is the great deterrent to the north and in the end of the day, it is all about nuclear weapons. the north has them and south doesn't. if we pull out, god only knows that the south may have to have make their own nuclear weapons. >> i figured you would answer that way with great power. general, thank you so much. >> thank you, gregg.

>> a legal battle in new york time square. should topless waitress pose in front of kids? >> i don't care. >> as a mom, i don't know. we are not in vegas. we for if new york.

it is known as cross roads of the world and times square in new york city is in the center of an a growing battle. over cartoon characters pan handling and along with topless painted women seeking money. they say they have a right to be there and the governor cuomo and along with mayor deblasio.

>> we have recognize all of the tools and this is a situation i don't accept and we'll deal with aggressively. >> keith, look, the governor hauled up and said of the bare breasted women they are breaking the low and this activity is illegal. he is wrong? >> he is 100 percent wrong. there are no naked women there today in times square. >> they are not there. >> women are allowed according to the new york state of appeals to go around bear breasted. >> that's been the long since 1992. >> all right. keisha, an aide to the governor said he was not talking about them being bare breasted. i think somebody tipped him off

it was under the law okay to do. that he was talking about them harassing the traffic. but what about that argument? >> it is a valid argument. the statutes, and there are restrictions on how aggressive and how they treat the tourist and citizens. >> that is subjective, isn't it if >> they are aggressive and they come at you and they want tips and you see these women with their breasts hanging out. i understand everyone has a right and first amendment but there should be a restriction on the type of behavior. >> i am scared of clowns and that is my own personal thing, but keith, the people, we are a block from time square and i am down there all of the time. and the people who appear to be aggressive to me is the cartoon characters, elmo, and cookie monster and spider man and

batman and that a minon? >> and mickey mouse walked by and the smurfs. >> there is pan handling which is legal and except for subways and aggressive pand handling. and it is a fine line. when they are hustling and making physical contact with you. that is aggressive pan handling. and what the mayor has done is put a committee together to find a resolution or middle ground. it may be times square to be parkland so it is banned. >> moving from bare breasted woman to cars. in california, there is a lawsuit expanding against the ride sharing service called uber, and prosecutors are saying uber's background checks missed dangerous people including some

convicted of murder and sex crimes. uber said their screening works and rejected hundreds of people with various backgrounds? is this a legitimate lawsuit. >> i think so. i know of people who work for uber that are convicted criminals and there are ways to get around it. they can send somebody else to do the background check and they are the actual driver. it is giving the customers a false sense of security and we do background checks and they are not criminals. and i fear for the young college students who are intoxicated and get in the car thinking it is safe. >> my oldest daughter use uber at college and i worry about it. here is my question for you. in california, all taxi drivers are required to undergo a background check by the

department of justice shouldn't uber drivers do the same thing. >> they are saying they are not under the authority. they are private and keisha, they pointed out several individuals where they have serious criminal background other thanes. rapes and drinking and drives and things of that nature and they send someone else and provide false information and uber from a consumer protection stand point is marketing as safe or safer with the background checks. >> uber should do the right thing and require drivers to under go department of justice background checks. they should do it on their own. >> it would be a smart business move. >> they are asking for more lawsuits like this. >> good to see you both. jenna. two suspects accused of

supporting isis appearing before the judge today. and critics of the iran deal finding another reason to oppose. it is it too late to fix the deal? >> when you see this kind of naiveity and capitulation the administration orders a deal no matter what. and the idea that if you oppose this. you favor war. this is scandalous. heart health's important... ...so you may... take an omega-3 supplement... ...but it's the ingredients inside that really matter for heart health. new bayer pro ultra omega-3 has two times the concentration of epa and dha as the leading omega-3 supplement.

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>> the court of law in new york city, two men accused of trying to support isis. both of them attacked law enforcement back be in the arrest in june. one man accused of researching new york city land marks and how to build a pressure cooker bomb. laura is outside of the u.s. district court in brooklyn, laura. >> reporter: hi, gregg, both men pled not guilty to the charges. the two men appeared in court today back in june. they were both here today. 20-year-old and the 21-year-old are linked to several others plotting to join isis and carry out terrorist attacks in the u.s. the father did not speak to us

and his attorney offers a no comment and they expect to be back in court in the next 90 days. they are naising charges for providing material support for isis. a college student from queens was actively searching on line for ways to construct and detonate an explosive device to carry out a terrorist attack for isis. the george washington bridge was a prime target on the list. and the other agents came to his home to execute the search warrant. he tried to kill the agent with a kitchen knife. the two have been linked to another isis supporter who wanted to get a small army of friends on behalf of isis here in the the u.s. this is a new approach to getting these people off of the streets and out of the hands and

influence of isis. as opposed to spending more time on surveillance. it is a heightened approach as the suspects are trying to go operational. >> laura, thanks. a side deal between the u.n. nuclear watch dog agency and iran. according to the associated press, iran will be allowed to use their own experts to search the military sites. that is a military facility where nuclear weapons are developed. what does this mean for the credibility and could we negotiate a better deal at the this point. so we'll get to that in a moment, mark. we'll talk about solutions but what is your reaction to the latest news about the side deal and potentially not having any u.n. inspect approximators and relying on the iranians solely.

>> just when i think i will not be surprised boy another deep and fatal flaw. i am surprised to wake up and discover there is another part of the agreement, that is unacceptable. in this case, what we are doing, allowing the iranians to semp inspect and verify the military site where they are accused of conducting weaponization experimentation by the agency. and we'll not get physical access to the site that establishes the precedent and we'll not get access to the future military sites where iran is likely to be engaged in weaponization activities. >> the u.n. said this is coming from the agency. i will read a part. the head stating. i can state the arrangements are sound and consistent with long practiced. and they do hurt the safe guards. it is hard to know who to trust.

the united states is willing to trust the iaea. and now we are not so sure because we are not sure about the decisions. they are confidential and we don't know what is happening? >> jenna, that is a problem. they are confidential and secretary kerry said he's never seen the side agreements. we, congress has not seen them and the american people have not seen them and no one knows what is in the agreements and we are relying on the united nation to confirm they will inspect the military sites and we have to take their word for that and we don't have physical access to the sites and using technical means. what does that mean? according to the wording. agreement, we may not have video or photosurveillance of the military aspects of the sites. and reveal these agreements, don't make them secret and let

the american people see them and let congress see them and do a serious assessment of whether we are getting what the president of the united states promised. >> one said they received the sample soil from the sites and someone doesn't need to be physically there to inspect the sites. you were called to testify in front of congress and over the last several weeks, mark, you came up with an article of what to do instead of this deal. for the viewers, what is an essential part of a new deal with iran and why is that possible? >> jenna, a new deal is possible. it happen over 200 times. congress required the president of the united states to go back and renegotiate key amendments. it happen in the cold war on key arms control agreements of the soviet union when they had

missiles aimed the at american cities. yet this president refuses to follow the predecessor in acknowledging flaws and going back and rectifying the flaws and getting key amendments. there are three key amendments that we should get in the agreement. >> what is the top one, mark? >> the top one is we have to get rid of the sunset clauses that over time allow key restrictions in iran's nuclear programs and arms access and ballistic missiles to sunset regardless of whether iran is engaging in good or bad behavior. get rid of those. >> mark, great to have you on the program. >> thank you, jenna, for having me. former president jimmy carter showing resilience in a face of a cancer diagnosis. we'll have more on the president's treatment and fighting the disease. if you love the water, don't miss the boat on this great

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you can sail off in the sunset if you don't own a bowl. there is a service called sail low. and allow you to rent one. boat owners rent out yachts to people who want to get out on the water. owners get to earn extra income. here's more on how sailo workings. >> reporter: millions of americans are going to the beach this summer and there are some who want to go out a little further. >> sailing every day and living on the water, it is a great

life. >> reporter: to laura shah, there is nothing better than owning your own boat and captain of your own ship. >> it is wonderful to be out here. >> reporter: the problem with sailing upkeep can make it expensive sport. >> that's true. people don't realize the initial cost is the beginning and maintenance and it can cost as much as the boat. >> a lot of people want to go on the water. >> reporter: there is a web based company that it connects boat owners with renters. instead of apartments, you are renting sail and power boats? >> we are taking a process that used to take days and turning it into a five- minute one. >> reporter: they have 350 boats to the coast of florida to up here in cape cod and prices 350 for a pontoon day up no4000

a day for a yacht. >> and it makes it look easy and seemless and providing a million in insurance. you rent out skippers too? >> captains take care of the planning and navigation and safety. >> reporter: it is all great news for laura who can rent out storm petrol out for 6500 a week. >> by chartering the boat, i can make my lifestyle part of my living. >> reporter: and making her living and lifestyle on the water with salo. >> great idea. and you by the way looked at home in the helm of the boat. >> it took a few takes to get it right. >> and you have the tan to go

with it. >> it is make up. >> good to see you, thanks. big winner for maker of viagra. what happened to the company behind the pink pill. >> and jimmy carter speaking out about his cancer diagnosis. what he is doing right now to fight the deadly disease. art. plus, just two aleve can last all day. you'd need 6 tylenol arthritis to do that. aleve. all day strong. it wouland it turned onif you turned oeverywhere else.ne room but that's exactly how traditional cooling and heating systems work. so you pay more than you should. but mitsubishi electric systems

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happy thursday. i'm gretchen carlson. have you seen this photo yet? it's donald trump and a real bald eagle. we have the behind-the-scenes video of how they filmed this. details on a report detailing an extraordinary amount of close calls between planes and drones. a former nfl's quarterback found with what appears to be a self-inflicted gunshot wound. we'll tell you who it is.

days after the fda approved the maker of the little pink pill, well, the company is being sold. the drug is called audy. sprout pharmaceuticals developed the drug. valiant says the pill will be available later this year. convicted killer serving a life sentence is indicted for his escape from a maximum security prison. david sweat. a judge entering a not guilty plea for him on his three counts. rick leventhal joins us live with the latest. >> reporter: this was our first good look at david sweat since june 28. he was shot twice in the back. today the convicted killer was brought to the clinton county

courthouse to answer charges related i arrived with chains on his hands and feet wearing a green prison jumpsuit and a goatee. when asked if the court appointed attorney represented him, he said yes, he does. he faces two first degree escape charges and a third count of promoting contraband. i asked the d.a. andrew wily why they're pursuing charges against a man who is already serving life in prison without parole. >> the point is that david sweat and richard matt committed a crime in clinton county. they committed a crime of escape in the first degree. it's my jobs a the prosecutor in this county to prosecute people that commit crimes within this county. >> reporter: sweat escaped from the maximum security clinton

correction correctional facility with richard matt and managed to taste freedom for three weeks. matt was killed by a tactical team on june 20th. sweat caught a couple days later. his public defender spoke a short time ago. >> he was very calm. i think he was expecting this. it happened. so he was pretty calm today, and we got along for the period of time that i was able to speak with him. >> reporter: sweat is back in his new home in special housing unit. he is confined to a cell 23 hours a day. >> thank you. former president jimmy carter is beginning his first radiation treatment this afternoon. as he gears up to fight cancer that has spread to his brain.

he gave an update on his medical condition a short time ago. here is more on that. >> reporter: 90-year-old former president fielded questions on the details of his health for about 40 minutes before reporters, grinning throughout a good part of the press conference, showing that he was very much at ease for the most part with his condition which he said was melanoma. he said he was quite alarmed earlier this month when after surgery to remove a mass on his liver he thought he was cancer free only to learn from doctors that the cancer had spread from his liver to his brain. >> i felt that it was confined to my liver and that they had -- the operation had completely removed it. so i had felt quite relieved. then, that same afternoon, we had an mri of my head and neck, and it showed up that it was already in four places in my brain. so i would say that night and

the next day until i came back up to emory i just thought i had a few weeks left. but i was surprisingly at ease. >> reporter: carter said he was at ease but his wife of 69 years, roselyn, was more nervous. he said he's going to follow his doctor's instructions completely, that means radiation treatment begins this afternoon. for 44 years since his post-presidency he's been a globe-trotting humanitarian, building houses for the poor and monitoring elections around the world. he'll have to cut that schedule short. he was going to go to nepal this fall. he'll cut that back due to the radiation. hopping kangaroo and a cow mowing along in her fourth decade.

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what they claim is the world's first sky pool. spended ten stories high between two buildings so you can swim to your neighbors. you just bring a towel. >> no way! too dangerous. >> if it gets hot enough. thanks for joining us, everybody. >> "the real story" with gretchen begins now. it's a no for me too. would you vote for a socialist to be president? unbelievably, turns out a lot of americans say they would. more fallout from hillary clinton's email server and the company who controlled it after she was secretary of state. the company investigating the hack it, ashley madison. do the cheaters have a legal case against the site? hi, everyone. i'm gretchen carlson. "the real story" starts right now. let's start with this. new twists in the hillary clinton email controversy. the state department now revealing that blackberry devices used by two