and town if you wish to opine. word of the day do not be magniloquent when writing to the factor. thanks for watching us. ms. megyn is next. please remember the spin stops here because we're looking out for you. breaking tonight we are now more than 12 hours into a massive man hunt after a cop is shot and killed on the job. hundreds of federal, state and local law enforcement have converged on an area roughly 60 miles from the hometown. the officer killed was lieutenant joe gliniewcicz. he was on routine patrol. by the time backup arrived he was found shot in the head. police are looking for three suspects. mike toeben will join us from the scene and sheriff david clark will join us on the latest

tragedy for a police department. two big stories in the 2016 race for president as the fight between donald trump and jeb bush gets truly ugly and a surprise change in the rules means good news for a fast-rising candidate at the next gop debate. welcome to "the kelly file." i'm megyn kelly. a surprise announcement means carly fiorina will likely find herself on the main stage at the september 16th republican presidential debate after weeks of pressure that fiorina has attracted growing support since the fox news republican debate but could not make the cut for the main event given the rules that cnn had set. meantime donald trump took a new shot in what has become an all day brawl between himself and governor jeb bush. while trump criticized bush for weeks late yesterday he went

after jeb with an ad being compared to 1992. watch. >> they broke the law, but it's not a felony. it's an act of love. >> today jeb bush fires back using trump's own words against him and painting trump as a fake conservative. >> i lived in new york city and manhattan all my life. my views are different than if i lived in iowa. partial birth abortion. i'm really pro choice. i am pro choice in every respect. >> as far as single payer it works in canada and well in scotland. >> the fact is that 25% for high income people should be raised substantially. >> in just the last couple of hours trump is defending his time as a democrat and comparing

his political transition to ronald reagan. mark thesen is the former chief speech writer for president george w. bush. let's start with the battle between trump and bush which had late additions today. was jeb bush right to post a bear. if trump feels attacked he will attack back. >> he had to punch back. trump has been just pommelling him for weeks calling him a low energy guy who puts audiences to sleep whose policies are pathetic. that last ad saying he basically said act of love for the killer of kate steinle. trump was kicking sand in his face and bush looked like the weekling unwilling to fight back. now he is fighting back. the fight benefits both of them. >> this was an effort by jeb

bush not to hurt donald trump but to help himself? >> sure. first of all, it helps trump. trump has been taunting him. he wants to get into the fight because having a fight with donald trump solidifies his position as anti-establishment candidate. it helps bush because it doesn't look like a reincarnation of mitt romney who is not willing to defend his record. he is fighting back and distinguishing himself from other candidate whose have been unwilling or afraid to take on donald trump. and then they both benefit because a bush/trump war means no oxygen left for anybody else to get into the conversation. in the short term it's very positive for both of them to have this fight. >> that's the short term strategy. donald trump said if i go jeb bush is going down with me. if i don't win this race neither will he. jeb bush what is his long game here? >> his long game is he is not worried about offending the

trump voters. about a third of the electorate is the highest of almost any candidate says they will never vote for donald trump. he is trying to solidify himself as the leader of the candidates that will never support donald trump. and then he is trying to chip away at conservative support for donald trump. 38% of moderates say they will never vote for trump. those people are probably going to go for bush. interestingly only 19% of tea party supporters and 26% evangelicals say they won't go for trump under any circumstances. bush wants to build a coalition around the moderates and conservatives. the problem is that those conservatives are not necessarily going to go to jeb bush. >> that's the thing. if you support donald trump and you wind up deciding he is not your candidate do you wind up as a jeb bush supporter? isn't it conventional wisdom you go to ted cruz who is polling

well or ben carson. >> and adds like the ones bush put up saying the candidate supported partial birth abortions and the obama stimulus and supported single parent health care and considered himself a democrat. that would be devastating. >> i don't think that's true. all these issues, these guys are fighting about we raised at the fox news debate. jeb bush was asked about it is an act of love. donald trump was asked about and i asked a question about his past support for partial birth abortion and his number of issues and the fact that he described himself as a democrat. it doesn't hurt donald trump. the evidence is it does not. >> the reason for that is because they -- trump supporters see this as the establishment trying to take down trump. they are not listening to these attacks especially coming from bush who seems to be the ultimate establishment candidate. it's like being like hillary clinton saying bernie sanders isn't socialist enough.

he is the establishment guy saying trump isn't a real conservative. real conservatives don't consider bush to be a real conservative. the person who could benefit is carly fiorina. if they are looking for an alternative to trump then she could really benefit. >> way to set up my next segment. >> a surprise announcement a couple of hours ago on the next president deadline bait. after weeks of controversy a change in the rules suddenly creating an opportunity for carly fiorina to join the main stage, the primetime event at the next event. fox news' digital politics editor. you come on one night and the next day they do what you said. >> i think it was us. >> she is on. it's not official yet. they are not booting anybody off. it could be 11 people up there. >> they are just sliding another podium on to the stage.

doing debates as you know coming up with rules and criteria is pain staking work. it's hard. i'm not here to criticize. i am here to praise cnn for saying we got to do it. this is the deal. but carly fiorina i got to tell you, if you would have picked six months ago who would be the person with after burners at this point you might not have chosen her. guess what. she has demonstrated. how do you win a debate before you get to the stage? you make them take you. you make them say i earned this and deserved it. >> she shamed them into it. she came out and ben carson was pretty vocal in saying she should be a part of this debate. donald trump supported it as well, which is very interesting because she has been very critical of him. one of the reasons she stood out at the earlier debate was her pointed attack on donald trump. tonight she thanked him and thanked carson for supporting her presence on the stage in the next debate.

what happens in the next debate? >> she will be the most dangerous woman on the stage. she will be the only woman on the stage. >> all in one. >> she will be most dangerous person on the stage because she knows how to throw a punch. i don't know whether it is trump or bush but i can tell you we have seen her in action enough times to know she is not to be messed with. she is tough and she can stand her ground. >> here is the thing. you have been telling us that what we are seeing in the polling in particular in iowa with those three front rn runners, trump and carson and fiorina behind them. she has to go after her fellow outsiders. doesn't she have to mix it up with the two guys she just thanked? or take shots at bush and cruz? >> you have to have class. that was having class on

everybody's part. you are nice to competitors. what she says on stage i don't know. for candidates who are trying to get ahead picking fights with donald trump did not work because he is the ultimate insult comic. his burns are the sickest, he roasts jeb bush and makes him look like chopped liver. it is tough. whether you want to get into a fight with that guy i don't know. >> did you say trump says he has to have class to get the nomination. >> he says class is important. >> stay classy, san diego. >> great to see you. you're a classy guy. we have breaking news in the massive man hunt in illinois as night fall makes everything much more dangerous in the hunt for three suspects. in moments we will go to mike toven on the scene.

and with anti-police rhetoric reaching new heights this weekend and wait until you hear what we unearthed two top voices in the law enforcement community now calling for the white house to get involved and fast. they will be here live right after the break. with the breaking news in the latest release of hillary clinton e-mails, is her campaign in critical danger? we have a focus group you must see just ahead. >> if you can't trust the leader you are not going to vote for that leader. >> how many of you trust hillary clinton here? raise your hands.

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can go side by side. ask how enbrel can help relieve joint pain and help stop joint damage. enbrel, the number one rheumatologist-prescribed biologic. darkness is making everything much more dangerous in a massive manhunt after the execution of yet another u.s. police officer. wlu tenant joe gliniewicz was on patrol when he radioed in on suspicious activity. he was shot and stripped of his gun and 12 hours later his killers remain on the loose. live in fox lake, illinois tonight. >> reporter: there is a danger element with night fall. police say there is also an advantage particularly as it

relates to the heat signature equipment on the helicopters. it was a hot day just below 90 degrees. the ground was hot. now the ground cools off and you could possibly get a greater contrast between body heat and the ground that is now cooling off. beyond that police say they are getting a lot of support from the local community not just people offering words of encouragement but a lot of people who are saying i don't want to go home. please come check my house before i get in it. police are getting a lot of open doors. beyond that police are asking everyone out there if you know someone who lives in the chain of lakes area or fox lake it doesn't hurt to give them a call. if everything is fine that means they are not subject to a home invasion. there is not a lot in the way of details as far as the suspects. all we know through police is that they are looking for two white males and one black male believed to be armed and that is because lieutenant joe

gliniewicz was stripped of his weapon. i spoke with a cop who knew him for 27 years and said he was a phenomenal police officer, very athletic and very cautious thrks kind of guy you would want to be your backup so endeared by the community they gave him the nickname g.i. joe. >> it is too early to learn the circumstances behind the murder of this lieutenant but it is days after sheriff's deputy darren goforth was shot execution style. tonight a petition has popped up pressuring president obama to send a delegation to the deputy's funeral on friday and some leading voices in law enforcement are also pressuring the president to speak out against protests like this one which took place a day after the murder of the sheriff's deputy.

>> pigs in a blanket fry like bacon. >> a former assistant director of the fbi and sheriff david clark of the milwaukee sheriff's office. thank you for being here. let me ask you whether you think the president has an obligation to speak out against what we are hearing the rhetoric we are hearing from this group specifically or not. >> i do. i think that this president has taken some affirmative steps and made comments in the past in other police encounters, some of which raised questions about his support for law enforcement generally. and now it's time in light of not just the actions of this group but at this time in america. last month was a bloody month for law enforcement. 15 police officers killed. >> you know what we are hearing from the black lives matter movement defenders on that

sheriff clark is overall the numbers are not so bad of cops getting killed. i know they are rough for right now but year to year you guys are doing okay. >> disgusting nature this movement has taken. they have the same attitude about black on black crime, no big deal, nothing to see here. i think the president of the united states because he weighted into days after ferguson where he breathed life into the anti-cop sentiment and made the statement that law enforcement officers have a fear of people who don't look like them. you look at the fox lake lieutenant who 30 years on the job the report i got he was considering retiring at the end of the month. he had 30 days to go, father of four. look, the president now because he weighted into this and weighted in after the cambridge police department and said they acted stupidly, he has an

obligation to come out now and walk some of this back and remind people of the important role that law enforcement officers play and no longer is anti-cop madness. >> he always gives a shout out to the cops when he comments on the matter. the critics have said, ron, that whenever he compliments the cops or pays tribute to the hard work they do there is always a but. but we have seen this epidemic but young black men have good reason to fear, but we have this problem that the cops are responsible for and so on. >> too often it does seem like it is superficial like something he has to say, not something he feels strongly about or truly believes in. here we have a movement with hundreds of people standing behind a black lives matter banner discrediting themselves. they have done it before. when is it time for senior administration officials to discredit them as well. these are people who are tugging as hard as they can and tearing

at the fabric of trust between our community and law enforcement. it is time to push them to the margins. >> let me see. i think we have some of the video. it's not just what do we want, dead cops, when do we want them now we saw that in december. it's not just what we saw in minnesota at the state fair as people were chanting pigs in a blanket fry them like blanket which is the same thing the guy who executed the two new york cops posted online before he murdered them. here is the message from the new black panther movement. >> point point, bang bang. >> they went on from there saying you are going to stop doing what you are doing or we will start creeping up on you in the darkness.

>> that's still some of the tame stuff compared to real ugly violent stuff i have heard. the attorney general of the united states has an opportunity here to display leadership. she is an law enforcement officer. i made a call into her office in july to talk about this uptick in the killing of law enforcement officers across the united states. she handed that off to an underling director who sent me an e-mail saying thanks for the offer but the attorney general's schedule won't allow her to have a conversation with you. a cold slap in the face. it's that sort of thing that makes us here at the local level, local law enforcement officer not have any faith in the attorney general's office in the united states. we know the political class has turned its back on us. we are still going to serve our communities. 30 days from retirement he is out there doing self-initiated policing and it cost him his life. >> and the manhunt continues as

darkness has fallen. thank you both so much. >> thank you. when a crazed gunman opened fire in tucson dozens of democrats were quick to blame the angry rhetoric of the tea party and its supporters. and they demanded action. so where are those voices on the angry rhetoric today that we are hearing in the bang bang oink oink pigs in a blanket crowd? richard fowler on that next. kate steinle's family filed a lawsuit against the city of san francisco for its role in her death. you heard some analysis of this earlier. i will tell you my take on the case coming up. >> this is for humanity. this is for the future. ours is gone. it's gone from us, but we want it better for the good of all. i called for help as soon as i saw her. i found her wandering miles from home. when the phone rang at 5am i knew it was about mom.

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oink oink, bang bang. oink oink, bang bang. oink oink, bang, bang. >> that was the new black panther group protesting in front of a texas jail one of the angry chants we have seen against police in recent months. we have heard from folks like the two law enforcement officers you just saw. so far haven't heard much from washington. however, take a walk back with me to 2011 when a shooting in tucson led to an angry raery chorus complaining about what they said was angry tea party rhetoric. >> saying in politics, in the media, in public square fashion our rhetoric so that it does not insight but informs. >> maybe constitutionally

permissible but shouldn't be acceptable rhetoric. we shouldn't invite it on radio talk shows or tv at least without comment. >> the discourse in america, the discourse in congress in particular to answer your question very specifically has really changed. and i will tell you i hesitate to place blame, but i have noticed it take a very precipative turn towards edginess and a lack of civility with the growth of tea party movement. >> i think all of us need to say that our rhetoric we need to check. none of us should become so defensive that we say we are not going to change. we all need to see if there is change required change needed and all realize that there are unbalanced people here in this country that anything can trigger. >> joining me now richard fowler, nationally syndicated

radio host and and katie pavlich. i went out to see whether she was denouncing the rhetoric that she was complaining about with the black lives matter movement. this is what i heard her saying about the that movement. stand by. >> i'm proud of the young people who have been pushing that black lives matter movement. we brought the confederate flag down. we have made sure that symbols of hate, symbols of hate are unacceptable in america. >> your thoughts. >> debbie wassermann schultz was concerned about symbols of hate she would be denoting the black lives matter movement. this movement glorifies a

notorious cop killer in cuba. they wear t shirts that say taught me. this is a movement that is easily condemnable and president obama stand on the sidelines and refuse to do it whether in minnesota, in new york city in ferguson chanting pigs in a blanket fry them like bacon. this is a movement that promotes execution of police officers. not only are they not condemning it but promoting. >> a resolution supporting the movement. they are trying to tie themselves to the movement, the same movement chanting pigs in a blanket and denouncing not long ago the lack of civility in america and you have people putting up the sign of a roasted pig and officer darren wilson's name on it. >> i don't think we are watching

the same movement. i think if you talk to any organizers on the ground in ferguson they will tell you they are a nonviolent movement. >> why are they chanting pigs in a blanket. that was a black lives matter movement. >> that is one small incident. >> why are so many on the list so quick to tie a few comments made by -- >> how about that? >> asking for accountability from police officers. all we are hearing from -- why would i condemn. >> let me get the question out. richard you will respond. richard the people on the left we just showed were very quick to blame violence that happened in the country on what they alleged were a couple of tea party comments that they found to be racist. why are they not as outraged now when as you point out maybe it was just minnesota or maybe just -- maybe just that one roasted pig. suddenly the actions of a few do

not apply to the many. why the double standard? >> the shooting death you are talking about, there is actually evidence that indicate this person had tea party sentiment. in this case in houston or in texas, rather, there is no evidence. there has been no investigation and from somebody who is a lawyer they say let's see the facts first. >> that's what i did when i had the sheriff on the show last night. >> with that being said the black lives matter movement for the past year has petitioned and fought to make sure that black lives indeed do matter and are not gunned down by police officers or choked to death in new york city like eric garner was. >> i want to make it clear and obvious that richard fowler refuses to condemn black lives matter protesters who want police -- >> i will not -- >> you refuse to condemn black

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(rick) louis, i think this is the beginning of a beautiful friendship. from the world headquarters of fox news it's "the kelly file" with megyn kelly. >> developing tonight new details on the ongoing hillary clinton e-mail scandal after the state department releases new documents. chief white house correspondent ed henry live in washington with the latest on what we found. >> key moment in 2010 when hillary clinton's e-mail went down even the i.t. team didn't know about the use of personal e-mail address and server. clinton reached out to a close aid saying do you know what this is your e-mail must be back up.

they had no idea it was you, just some random address so they e-mailed raising a new question for the state department, which officials were in the loop on the unusual arrangement. we pressed them on that and they would not answer it. we asked whether anyone stood up in the state department to try to prevent the secretary from having the personal server. listen. >> i can't. i just don't have the history, but i also don't have the authority to speak definitively to that. these are questions that are appropriate but appropriate for other processes and reviews. >> out on the trail hillary clinton has also said her controversial adviser sent in e-mails that were unsolicited. 297 e-mails mentioning blumenthal. in some e-mails he slams speaker john boehner as an alcoholic.

boehner's office would not respond to that personal slam today saying the only reason there is an investigation is because boehner pushed it. >> thank you. the latest polling shows hillary clinton losing ground among democrats and raising new questions over how badly this ongoing scandal may be hurting her campaign. frank lunts put together a group to try to figure that out. he is the ceo of lunts global. so 50% republican, 50% democrat or half and half get together and you showed a series of exchanges with hillary clinton. the first one had to do with an exchange with ed henry on whether she -- why she wiped her server clean. what are we going to see not in terms of the results. what should people be watching for? >> the red line represents republicans and green line represents swing democrats. the higher the lines climb the

more favorable the reaction. in this case the lines caved. >> i have no idea. that's why we turned it over. >> you were in charge of it. did you wipe the server? >> like with a cloth or something? >> we don't know how it works. >> i don't know how it works digitally at all. i know you want to make a point and i can repeat what i have said. in order to be as cooperative as possible we have turned over the server. they can do whatever they want to with the server to figure out what is there and what is not there. that is for the people investigating it to try to figure out. we turned over everything that was work related. every single thing personal stuff we did not. i have no obligation to do so and did not. thank you all. >> awful. two points. don't make a joke when national

security is involved. >> like wipe the server with a cloth. >> number two she has to come clean. you acknowledge something went wrong. she refuses to do it because campaign aides are saying to show weakness is a mistake. i will tell you this candor is the best weapon and she refuses to use it. >> she went up at the end when she said we turned over everything and that is for people investigating to find out. we turned over the professional stuff but not personal stuff. that gets to the heart of the issue. why did you make the determination of what was personal but her spin at the end worked better than the stuff at the middle. >> she should have talked about accountability. it is the number one attribute people want from elected officials. she should say i will be held accountable. >> you asked about her trying to reassure people. people love me and trust me. here is how the focus group felt about that.

watch. >> do trust me. >> we have a candidate here who is not being honest or candid. >> voters thinking she is dishonest and not trustworthy. >> she is doing terribly in terms of people believing she is honest. >> trust is going to hurt her in the long run. >> let's take a deep breath here. >> we sent her a subpoena. couldn't be more plain. >> i did not e-mail any classified material to anyone on my e-mail. >> classified information was transmitted on the private server that she ran out of her home. >> i did not send nor receive anything classified. >> the fbi is looking into the private e-mail system that hillary clinton used. >> maybe the heat is getting to everybody. >> what are the lines showing? >> this is an ad. we start at 0. the higher it climes the more persuasive and believable it is. >> whether they believe the ad.

>> the ad is a negative ad on her. what is important is she said she never had been subpoenaed. that in itself is crushing. i'll tell you this. if it is shown that she wiped her server after the date that that subpoena was issued in march then she is in deep, deep trouble. no matter what happens legally the public will believe that she simply has not been sufficiently honest to be a presidential candidate. >> i know you also polled on how she was doing on her language when it comes to the middle class and income inequality. she is doing well. >> her speeches are amazing. she is persuasive. the challenge is in the e-mail. why don't you come clean. she should say i shouldn't have done this. in context i should not have done it. i got it wrong and here is what we will do to get it right in the future. she has no humility.

>> she started to say i should have used two devices. she started to hedge on the full blanket i did nothing wrong defense. we will see whether she takes your advice. always a pleasure. there is also new fallout from kentucky after a county clerk defies the supreme court's ruling by denying marriage licenses to same-sex couples. kate steinle's family files a lawsuit against the city of san francisco hoping for justice after their daughter was killed by an undocumented felon. my take on this case right after this break. >> we are here to make sure that a change is made so nobody has to endure the pain that my mom and dad and i go through on a daily basis because the system failed our sister.

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been successful and one directly on point was rejected in the case of danielle bolognia. the law provides absolute immunity for the city and lawsuits challenging its ordinances, even those passed by lawmakers who are overstepping their authority or thumbing nose at the fence. the exceptions do not apply here. as sad as it is their remedy is political recollect not legal. those who back policies and inforce them can be removed. the law however is not on the side of the steinles. a criminal defense attorney and prosecutor. thank you both for being here. mark, what do you think? >> you just took away my argument. that was it. i think it is a wonderful lawsuit if the purpose is to raise awareness and potentially change laws which are needed. this was a tragedy and shouldn't have happened. however the due process for

ordinance passed in san france october of 2013 required the sheriff, required the jail to let him go unless there was an order of removal by a judge or active warrant. both were not present. they had to follow the law and let him go. >> the thing is according to the precedent you can't -- even if it is a stupid ordinance and flies in the face of federal law it doesn't get you past the immunity t. doesn't allow you to pierce the immunity for the laws. >> that may be true but the problem i have with this case is that there was a phone call from customs in immigration to the police department saying this guy is a threat. when he is out give us a phone call. i have a real problem with how that does not create a duty owed buy police department at that time to simply make a phone

call. it takes ten seconds. you and i can talk about the legal ramifications and does immunity apply. what about the moral obligation of the police department? >> doesn't that go to the point which is that if you object to the sanctuary city policy and so many americans do although the people of san francisco may not take it up at the ballot box. >> but i think by filing a lawsuit though you can get to the bottom of what really happened here. i really think there is something deeper than just the ordinance is in conflict with the federal law. i think what is happening here and a tough night to be talking about being critical of law enforcement. i think you have kind of an arrogance with local law enforcement and the feds. the locals saying it is not our job. we want to wipe our hands clean. we can't honor what you are asking us. the chief of police gave a directive to law enforcement in san francisco to not honor a request by the customs and

immigration. >> that's what happened in the case. also very sympathetic plaintiff and case thrown out by the lower court and by the court of appeals. >> i agree with brine. he makes a compelling argument on a moral level but they have got to follow the law or they will be sued. a request from isis is not the same as what is required. look how i juxtaposed. very different. but morally yes they could have and would have wanted to maybe hold them but the law doesn't require unless they have the specific things. >> and the reason is they don't want cities to have to pay out large judgments. what about the next one who is trying to make a buck off of the law? the people of san francisco wind up having to pay. that protects the people but

these are the same people that support this policy so it will be interesting to see the case play out. they also have another lawsuit against blm and ice. great to see you both. >> great to see you both. >> it got ugly today in kentucky after a county clerk refused to issue a gay marriage license. >> unbelievable. 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.

a kentucky county clerk has been ordered to face a federal judge after refusing to issue marriage licenses to same-sex couples. prince gallagher is live with the story. trace? >> megan, they lined up on the courthouse steps on one side supporters of kim davis chanting stand your ground, on the other side opponents shouting do your job. but gay and lesbian couples looking for a marriage license

were again turned away. >> based on what? why are you not issuing marriage licenses today? >> because i'm not. >> under whose authority? >> god's. >> despite the supreme court legalizing marriage and both a federal and appeals court ordering kim davis davis won't budge calling it a heaven or held decision calling it a big decision. this has never been a gay and lesbian decision. it is a matter of religious liberty which is protected under the first amendment. the liberty council is defending kim davis. she is fine with issuing gay marriage license as long as she doesn't have to endorse them with her signature. >> does kim davis have the right to have her conscious accommodated and the answer to that is yes.

this is ultimate ways that that are reasonable. >> davis could not be fired and could only be impeached. all the clerks in her office have been ordered to face a federal judge on thursday. >> we will be right back. ♪ irresistible moments deserve irresistibles treats. new from meow mix with real salmon chicken or tuna. the only treat cats ask for by name.

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also arthur back together again at last. it's september to people are actually getting back to work. labor day will hit and we will all take four days at least i will. thanks for watching this is the kelly file. see you tomorrow at 9:00. >> tonight -- >> it clearly wasn't the best choice. i should have used two e-mails. one personal one for work. >> the clinton server scandal deepens with the state department releasing thousands of e-mails. >> then it's the rise of the political outsiders. >> who knew this was the summer of carson. >> why are these candidates surging in the polls? >> they know it. now they're going to have to live with it. >> larry and ron go head to head over the