this is a fox news alert. i'm bret baier in washington. a massive manhunt is going on right now in suburban chicago for three men wanted as suspects in the murder of a veteran police officer. he was the fourth officer killed over the last month across this country. we will head live to chicago for the latest on that story coming up. but first, major news in the 2016 race. cnn is changing its rules to possibly include carly fiorina in its upcoming debate. over on the democratic side, the entire campaign is seemingly held hostage by the scandal engulfing the frontrunner. we have fox team coverage tonight. ed henry with what we're learning from the latest batch

of hillary clinton e-mails. but we begin with chief political correspondent carl cameron in what appears to be a major boost for fiorina's presidential bid. >> it's a big move. going to be questioned. going to get a lot of scrutiny. it comes with just two weeks from tomorrow when the next debate will happen. today cnn changed its rules. they announced they will use only an average of national polls taken after the last debate to determine who the top ten will be in the next primetime debate. that's good news for the only woman in the field. carly fiorina is currently hovering around 7th place and would qualify were it now. that means those who have slipped for instance chris christie or mike huckabee or rand paul could face a change. >> they broke the law but it's not a felony. it's kind of a -- it's an act of love. >> over menacing music, mug shots follow of illegal immigrants arrested for murder. then the words appear "love."

forget love it's time to get tough. bush blames illegal immigration problems on president obama's inattention and trumpeted hostility by the front running gop billionaire. >> for six years now under this administration there hasn't been the kind of commitment to the border that we need to have. we have sanctuary cities. we have serious problems. let's solve them. my candidacy is about solving problems rather than just kind of brash rhetoric that's not grounded in reality. >> trump's videos say it's time to get tough. bush did, accusing trump of gross distortions. >> that was a complete mischaracterization of my thinking. it's almost as though donald trump is acting like a washington politician. that's what they do. he believes in a single payer system, that he's not only pro-choice but believes in partial birth abortion. those are his words, not mine. i didn't exaggerate a single thing. >> he launched a count attack video, too. >> i am pro-choice in every respect. as far as it goes. >> you'd be shocked if i said that in many cases i probably identify more as a democrat. >> who would you like

representing the united states in a deal with iran with this regime? >> i think hillary would do a good job. >> trump's video team punched back with jeb praising clinton at an awards ceremony. >> someone who has devoted her life to public service. i want to say thank you to beth secretary clinton and to president clinton. >> what does that make hillary clinton to the bush family? >> my sister-in-law. >> scott walker jumped in on the iran deal, noting that when it was initially unveiled, bush said before tearing it up republicans should examine the details and craft a better alternative. walker insists this next remark is not just an attack but a contrast in styles. >> if you want someone who knows today it's a bad deal and is not going to wait until the folks in washington tell you it's all right who is going to do what's right immediately on the very first day of office i'm your candidate. >> in tenth place in recent national polls, new jersey governor chris christie could get knocked off the debate

stage. >> can i get 15 questions in a row? count them. he's going to go nuclear now. >> that's what i'm talking about. >> it's trump and bush who are trading some mighty blows. a and carly fiorina is celebrating tonight with the prospect of the c n n rules change make it likely she'll be debating on primetime. somebody on the big stage might be on the way to a demotion. >> donald trump across the nation, ben carson particularly in iowa and carly fiorina surging really in recent weeks. >> this has been described repeatedly for the last year as one of the strongest republican fields in modern history. talking about the governments, history, their experience. and it's the people who have none dominating the polls. >> carl, thank you. the issue of hillary clinton's e-mail practices as secretary of state could become a major factor in whether she wins the democratic nomination. and it's against that backdrop that we examine more than 7,000 pages of newly released communications. chief white house correspondent ed henry has some of the

highlights. >> reporter: perhaps the most remarkable part of the new 7,000 pages is the moment in 2010 that hillary clinton's e-mail went down, and not evenly the state department's i.t. team knew about the use of her personal e-mail address and server. clinton reached out to close aide huma abedin writing, do you know what this is? abedin responded, your e-mail must be back up. they had no idea it was you. just some random address so they e-mailed. raising another new question for the state department. which officials were in the loop on the unusual arrangement? >> who signed off on it? i don't know. again, i'm not going to answer that question. >> reporter: a sharp reminder that in the six months since it was revealed she kept her own server, a series of clinton's claims are now in doubt. >> i want to be as transparent as possible, which is why i turned over 55,000 pages. >> reporter: she skipped over a key reason why the e-mails were turned over. a subpoena from the house select committee on benghazi.

as for transparency, many e-mails in the state department's latest document dump are partially or completely redacted. this june 4th, 2010 e-mail from abedin to clinton with the subject line" fyi" is totally blank. roughly 2500 of the new e-mails are redacted because they contain classified information, despite this vow from clinton. >> i'm certainly well aware of the classification requirements. >> reporter: she has since amended that to repeatedly stress she did not send or receive e-mail marked classified. yet a "washington post" fact check gave her two pinocchios because some e-mails had so-called foreign government information that she should have known was classified even fit did not have markings. >> you know something's not classified you've got a good sense of what should be as well. >> reporter: and clinton can't say she was not warned in what is now an ironic exchange her former campaign adviser mark penn wrote her "if this is what wiki leaks can get, what can the chinese" as for clinton's recent

claim that advice from controversial adviser sidney blumenthal was unsolicited. he pops up in no less than 297 e-mails, calling for supreme court justice clarence thomas to be impeached and slamming speaker john boehner by declaring he is loose, alcoholic, lazy, without any commitment to any principle. >> boehner's offers would not respond to that personal slam declaring the reason there is now an investigation of the clinton's possibly mishandling of classified information is of boehner's decision to create that benghazi committee. >> ed, thank you. as we told you at the top of the show, another fox alert. a massive manhunt is under way tonight near chicago for three men suspected of killing a law enforcement officer during a food chase. it happened in the city of fox lake, 55 miles north of chicago. let's get the latest now from correspondent mike tobin who's in fox lake right now. hi, mike. >> reporter: and bret, the manhunt is centered in this area

known as the chain of lakes, a weekend or vacation area for a lot of people who live in the city. taking live pictures as we can see what is happening. police officers say they are looking for three suspects. two of them described only as white males, one described as a black male. it is presumed that they are armed and dangerous. dangerous because they're linked to the slaying of a police officer. armed because when backup arrived on the scene, that officer who was gravely wounded or dead, his weapon was missing. that is part of the search. a massive search as you mentioned before. state police, local police, and federal agents have all descended on the scene. they seem to be paying a lot of attention to brush and a lot of the growth that has happened this year due to an unusual amount of rain in this area. all available resources have been marshalled. here is lake county sheriff's detective chris cavelli. >> we are using many resources. we're using numerous air units

to search from above and look below. we're using numerous canine units that are trying to sniff out and grab ahold of a scent of the offenders. and we have numerous police officers through across northern illinois as well and we're joined by state agencies and federal agencies as well. >> >> reporter: the slain officer is named joe gliniewicz, he was a 30-year veteran the community had nicknamed him g.i. joe. he was a father of four. his oldest son was getting his driver's license. he volunteered with an organization called explorer scouts. i spoke with a cop who knew him for 27 years who described him as a phenomenal police officer. very athletic and very careful. not someone who would have taken an unnecessary risk in the situation. still you have this officer slain and a community mourning the officer that they cared about enough to give him that enduring nickname, g.i. joe, bret? >> we'll head back for any breaking developments. mike tobin live in fox lake.

another horrible day on wall street as the market' wild ride continues. we'll go thrive trish regan in new york coming up. first here's what some of our fox affiliates around the country are covering tonight. fox 2 in san francisco where the family of kate steinle who was killed on pier 14 two months ago is suing city and federal officials. the suspect undocumented mexican national juan francisco lopez sanchez, had been released from jail despite a request from immigration to detain him. fox 10 in phoenix with the cleanup from monday's night's monsoon. that storm left 50,000 utility customers without service as of this morning. there were no immediate reports of serious injuries or deaths. and this is a live look at atlanta from our affiliate, fox 5. the big story there tonight, a police officer and homeowner shot during a raid on the wrong house last night. officers investigating a possible burglary entered the home, took fire, then shot the family dog and the homeowner. the injured officer was likely

shot by one of his colleagues. the investigation continues. that officer's in serious but stable condition. the homeowner was treated and released. that's tonight's live look outside the beltway from "special report." we'll be right ba

this is another fox news alert for the second time in a little over a week, wall street took a major nose dive today on the heels of discouraging news out of china. the dow hemorrhaged 470 points, the s&p 500 lost 58, the nasdaq could have had up 140. let's get some analysis now from trish regan, fox business network. trish, why are investors so rattled? >> because of china and the slowdown we're seeing in china right now, bret. you've got bad manufacturing databasicly coming out of china. all of it has investors saying maybe this market is overbid. maybe we have run this thing up

too much. and so they're starting to take some money off the table. seeing this reflected, bret, in the nervousness of what you call the fear gauge known as the vix invex, dollvolatility index saw spike today up nearly 12%. that's not good. you have a lot of people fleeing this market right now. they're saying the economics fundamentals worldwide just aren't there. >> so oil, which had seen some positive momentum, also sold off today. people look at that is that a good or bad thing for consumers? >> it probably depends on where you live. if you're in oklahoma or in texas, higher oil prices are probably good for your local economy because you get a lot of jobs tied to the oil industry. but if we look at what we're doing nationally in terms of our economy, if you've got lower oil prices that should translate to lower gas prices. and that means a little bit more extra money in everyone's pockets when it comes to what they're paying at the gas pump

each week. nonetheless, this is one of those things that overall it should help the economy, but we haven't quite seen it yet. in other words, people have had this savings for some time, more than six months when it comes to gas prices being lower at the pump but they're not spending the money in part because they're just not feeling confident enough, bret, about this overall economy. so that's a problem. >> so the wild ride continues. trish? >> it does indeed. >> thank you very much. be sure to check out "the intelligence report" with trish regan weekdays from 2:00 to 3:00 p.m. on the fox business network. a federal panel wants airlines and hotels to disclose pricing and other information more clearly to customers. a transportation department advisory committee said airlines need to reveal the costs of change and cancellation fees, the size of the seats, before ticket purchase. it wants hotels to publish any mandatory fees as well. a kentucky official who is refusing to grant marriage licenses to same-sex couples has been ordered to appear at a

federal hearing thursday. rowan county clerk kim davis is citing what she calls god's authority in defines of various court rulings against her. she says she will not resign. still ahead, making sure the kids don't think marijuana edibles are candy. first while president obama hikes a glacier and talks global warming, are past cold war tensions heating back

president obama is in alaska right now. he is seeking to cement his environmental legacy by sounding a new and passionate alarm bell about what he considers the greatest threat to this country, climate change. but there is another threat, one

which many consider exponentially more dangerous. we have fox team coverage tonight. jennifer griffin is at the pentagon with what some see is a frightening expansion of russian influence in the arctic. we begin with correspondent dan springer and the president literally taking a hike today. hi, dan. >> reporter: yeah, bret, president obama came to alaska with one eye on paris where in december he hopes to secure a binding international climate change agreement. but he may find the sledding tough. president obama toured a glacier today in alaska, a different kind of slippery slope, as his administration continues its push for climate change initiatives. last night he met with alaska natives and then addressed a conference of arctic nations. >> i've come here today as the leader of the world's largest economy and its second largest emitter to say that the united states recognizes our roleecogn creating this problem, and we embrace our responsibility to help solve it. and i believe we can solve it.

>> reporter: scientists say the arctic has warmed twice as fast as the rest of the nation. this was one of the worst wildfire seasons on record in the last frontier state. 5 million acres burned, about the size of massachusetts. but while the obama administration blames man and the burning of fossil fuels, there is not consensus. >> the climate is changing, yes, man made emissions are playing a role. what isn't settled is how big of a role that is. and we know that we haven't seen increased surface temperatures over the past 15 to 20 years, and we know that we're not headed towards the catastrophic warming that the administration is trying to project we're headed towards. >> reporter: the president's called climate change the greatest threat to national security. secretary of state john kerry said it's more of a danger than terrorism. but in alaska while everyone acknowledges the warming, they also see less sea ice means open shipping lanes, tourism and oil exploration. but there's a major obstacle. the u.s. has just two operating ice breaker vessels to navigate

the dicey new waters. russia, meantime, has 41. the white house today announced the addition of one ice breaker by 2020. >> it's a start but we need more. as i mentioned, in the arctic the ice breakers are seen as the highways of the arctic. and right now russia has superhighways and we have dirt roads with potholes. the russians have 40 ice breakers. >> reporter: president obama continues his alaska tour tomorrow by going to the world's largest salmon fishery, and then to a small town called kots abu north of the arctic circle. it will be the first presidential visit ever to the arctic. >> dan springer live in anchorage, thank you. a russian threat president obama once mocked may be getting a lot more serious. national security correspondent jennifer griffin is at the pentagon with what russia is up to. >> reporter: last march, russian president vladimir putin ordered a snap full military exercise in

russia's arctic north to mark the anniversary of its takeover of cry imea. it's called pentagon plan tors take notice. 40% of the world's oil and natural gas reserves lie under the arctic. and russia appears ready to claim it. a return to more than the cold war, the next war may be an ice war. today at the american legion, the u.s. defense secretary warned against complacency. >> we do not seek to make russia an enemy. but make no mistake. while vladimir putin may be intent on turning the clock back in russia, he cannot turn the clock back in europe. >> reporter: russia has re-established soviet-era military bases across the arctic and begun building a string of search and rescue stations along its arctic shores. after invading, ukraine, russia pulled out of the arctic council, a consortium of eight countries that includes the u.s.

in 2007, the pentagon took note when russia planted its flag on the sea bed under the north pole for the first time. yesterday the kremlin released this video of putin working out with his prime minister, an insight into the russian leader's psyche. putin is trying to flex his muscles in the arctic north where melting ice will lead to new shipping routes and russia wants to establish a kind of suez canal which it controls. >> there's a new ocean opening. and coast guard authorities mandate our presence wherever u.s. national interests require people and ships to operate. >> reporter: meanwhile, the u.s. army facing budget cuts plans to pull out 3,000 troops from alaska. some say poor timing as the u.s. plays catch up to russia in the arctic, bret. >> jennifer griffin live at the pentagon, thank you. apparently president obama's good feelings toward iran as evidenced by his nuclear deal are not being reciprocated just yet. the head of the elite

revolutionary guard says the u.s. is still the great satan. general mohammed alley jafarri's comments come amid a crack down on the sale of apparel in iran. he said enmity toward iran by the u.s. is increasing. meantime two more democratic senators say they will support iran deal. bob casey of pennsylvania and chris coons of delaware brins the total in the president's column to 33. that's just one shy of the number needed to uphold a veto of a potential resolution of disapproval. that vote expected before september 17th. chaos today in hungary as migrants blocked from boarding trains for austria and germany clashed with authorities. scuffles broke out as hundreds of migrants who had purchased tickets but did not have visas were denied passage. european nations are being flooded by migrants fleeing violence and poverty in the middle east. no grapevine tonight. when we come back, making sure

kids don't mistake marijuana-laced food for candy.

pope francis is instituting what appears to be a change in church practice, or at least a change in emphasis.

the move regarding abortion comes as a pro-life group releases another video illustrating the controversial practices of planned parenthood. chief legal correspondent shannon bream has our report. >> reporter: calling the decision to have an abortion agonizing and painful, pope francis announced today special forgiveness for women who have terminated a pregnancy. "i have decided notwithstanding anything to the contrary to concede to all priests for the jubilee year the discretion to absolve of the sin of abortion those who have procured it and who, with contrite hearts, seek forgiveness for it." reaction within the catholic community was mixed. father frank pa voen of priest for life said "we who oppose abortion do not oppose those who have had abortions, rather we welcome them with mercy and passion requesting. liberal groups with catholics for choice said "the very narrowness of francis's statement for having a particular year of forgiveness suggests he still has a blind spot when it comes to women and what they want."

the pope's comments come on the same day another undercover video was released for the center of medical progress. in it the woman identified as a procureme procurement fetal tissue. >> the weird thing is, embryonics there's still a lot of controversy ant that. but then fetal kind of got lost in the mix. it was never -- it was never outlaud. >> reporter: because much of what's shown in the videos is either legal or at the margins of the law, there are growing calls by pro-life advocates for lawmakers to close loopholes and defuned planned parenthood. today the pro-life activists are not going to be encouraged by mitch mcconnell. >> the president has made it very clear he's not going to sign any bill that includes defunding of planned parenthood. so that's another issue that awaits the new president, hopefully with a different point

of view about planned parenthood. >> reporter: house speaker john boehner signaled he would prefer to see the results of four house committee investigations into planned parenthood sked before scheduling a vote. but others say a vote to defund the group could come much sooner. >> shannon, thank you. be sure to watch shannon's special presentation on the undercover videos and the issues they're illuminating "planned parenthood the hidden harvest" premiers friday, 10:00 p.m. eastern. more dangerous fallout tonight from the legalization of recreational marijuana. the problem, keeping it out of the hands of children. correspondent alicia acuna has more. >> reporter: colorado is facing a simple but important safety question. how can consumers tell if a candy, brownie or cookie has marijuana in it once outside the package? >> and i think part of the issue comes to asserting what a cookie that has thc in it versus a cookie that does not cannen very difficult when you're staring at

it. >> reporter: by law, edibles come in wrappers with warning labels that products contain thc, the psychoactive green that gets you high. the first state in the country to legalize recreational pot has been grappling with the unintended consequences. now the marijuana enforcement division is considering putting warning stamps like this one directly on the infused products. but smart colorado, a nonprofit pushing for the warnings, told board members at a public hearing it needs to be bolder. >> we're disappointed however that the division has backed off this proposal to make the universal symbol a stop sign. >> nearly 5 million units of edible products sold in the state last year. >> the the stamping issue i think goes to the -- you want to know what you're eating. >> reporter: those on the other side complain the new warnings go beyond what voters overwhelmingly passed in colorado, to regulate marijuana like alcohol. >> i have yet to leave a liquor

store with a child proof coors light. i haven't seen a child proof budweiser. the only exit bag i get when i leave a liquor store is a brown bag. >> reporter: granola and liquids would need to be offered in single-serving sizes. enforcement begins next year. >> alicia, thank you. republicans getting more aggressive against each other. we'll talk about the latest contentious rhetoric on the campaign trail when the panel joins

yes, they broke the law, but it's not a felony. it's kind of a -- it's an act of love. >> that lab was just a complete mischaracterization of my thinking. it's almost as though donald trump is acting like a washington politician.

that's what they do. >> new york city manhattan all my live. my views are a little bit different than if i lived in iowa. >> who would you like representing the united states in a deal with iran with this regime? >> i think hillary would do a good job. hillary clinton i think is a terrific woman. >> do you recognize the commitment of someone who has devoted her life to public service. i want to say thank you to both secretary clinton and to president clinton. >> the gloves are starting to come off, at least between two candidates, donald trump and jeb bush. perhaps others. the big news today, cnn changing the criteria for their debate in a couple of weeks. carly fiorina very happy about it, tweeting out "thanks to you we will be able to share our message of leadership and citizenship with republican voters on the main debate stage, and thank you to ben carson and donald trump who spoke out in support of a fair debate process." the change focuses on polls after our debate, august 6th,

which likely puts her in the running in the top ten there in the first tier. here's the national average. you can see donald trump well ahead of the pack. ben carson in second there. bush at 9.5. this is the average of recent polls. let's take then quickly the other state polls. this is again an average of all the recent polls. there you see in iowa, trump again leading, carson in second, ted cruz in third. in new hampshire, trump with a big lead. john kasich moving up to number two. and jeb bush in third. fiorina in fourth in new hampshire. in south carolina look at the lead for donald trump there. 31.7%, carson in second, bush in third. so there you get a sense of the play in the early states as well as nationally. let's bring in our panel. steve hayes, senior writer for the weekly standard. a.b. stoddard associate editor of the hill and syndicated columnist charles krauthammer. a.b., the big news obviously the change in rules.

>> this is huge for carly because not only did she kind of run away with the night of your debate, the lower-tier debate, she really won. i mean, it's a rare sight when you have a debate with that many people not two-person debate where there's a clear winner. but she's performed terrifically actually throughout her entire campaign. she's really impressive. and this is when three were going to be taking polls from when she was like at 0 and averaging them up with recent ones she wasn't really going to be making the stage. so this is a big deal. and she obviously was -- also benefits from positioning herself as the outsider while she did petition cnn to change the rules, getting help from her supporters and the public to say this is a fight from the outside against the political class. it helps her a lot. >> steve, looking at those polls, nationally, those early states, it's pretty dramatic about donald trump. it's also interesting that he's in this back and forth with jeb

bush. you understand why bush is hitting trump. but he swings back pretty hard and right away. >> yeah. and we shouldn't be surprised about that. he swings back at people who follow him on twitter on a regular basis. look, i think if you look at the trump-bush back and forth, both of these camps had said in the days before this thing really took off that they didn't want to engage in this kind of fight. donald trump said i only want to run positive ads. a couple days later he's got a pretty effective ad attacking jeb bush. and jeb bush going back at donald trump after his camp had said we don't really want to engage. we're going to sort of stay above the fray. goes after donald trump in what i also think was a very effective ad. the real question becomes, is this a little spat that goes away? or is this the beginning of a much bigger fight that is carried onto the airwaves nationally and in these early states? if that's the case, you could see a scenario in which these two men, jeb bush and donald trump, with huge name i.d., huge

money, and the biggest unfavorables beats the heck out of each other and leave a field basically open for the emergence of other people, the rise -- additional rise of carly fiorina, ben carson to continue the surge that he's seeing or some of the other candidates who have not broken through yet. >> i will say that is the traditional sense of how you would think, beating each other up would take a toll on somebody. but we've seen others try to come after donald trump. rick perry, lindsey graham. both are not doing so well currently. >> right. i mean, the rules tend to be suspended when it comes to donald trump. in 2004, on the democratic side in iowa, the frontrunners were howard dean and dick gephardt who beat each other up with a furious airwaves campaign against each other. as a result, they actually knocked each other out and left the way for john kerry. and john edwards. but i'm not sure it applies to donald trump. i mean, he does swing back.

it's interesting that bush is going after this. i think he figures he can't just be the 98-pound weakling who gets the sand kicked in his face again and again. he has to do something. i'm not sure it's going to help him. but i think what might happen in the coming debate is that we're going to have the focus on other people who haven't now been in the spotlight. of course starting with fiorina, but with carson now, tied in iowa. it's going to be a lot of focus on him. at the other end of the spectrum, rand paul is the one hanging on the edge who could be kicked off the main stage. i think he's now at number 11. so you could get a real vu shuffling. then you get bush and walk who are had weak debate performances the first time around. and the question is that a habit or can they cure it. >> another person who's made a move at least in new hampshire is john kasich. and he's now in second in those polls. here is kasich on the issue of the day, immigration last night.

>> in a nutshell, i would build the wall. and i would use the sensor and the technology and i'd make it clear that anybody that tries to come over that wall, no more excuses you're going back. but i would have a guest worker program so people could come in, work, and then return. >> frankly it would be all of these candidates have to kind of stiffen up their immigration talking points in the wake of the donald trump tsunami. >> right. that's true. but they are aware of the lessons of 2012 and what happened to mitt romney in the primary battle and what it did for him in the general election. and they don't actually want to be trapped. that's why you see sometimes they get out there, then they kind of skirt it back. i think kasich is being careful that you can have a wall but you're not going to deport, obviously, the deportation policy that donald trump is advocating is not only a budget buster but it's a loser in the general election. it will obviously be a huge deal in the next debate, because he's

come out with more specifics since your debate. and it's even more of a controversial topic than it was a month ago. >> and last thing, steve, the one person we've seen really have trouble is scott walker, to gain footing, to gain really any positioning. even in iowa where he was leading. >> yeah. his lead has really collapsed. and i think in some cases he hasn't given good answers to questions he's been asked. in some cases things he's have been taken out of context. but the emergence of donald trump and the fact he's leading the way he's leading in iowa, in south carolina, in new hampshire has hurt scott walker nationally and in iowa. >> next up, the clinton e-mail saga.

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on the topic of the fighting total addition 288, the simple question i have is why weren't those e-mails marked classified at the time they were sent? >> what we it is going to be publicly released that this information is sensitive and we don't want it to be publicly released. so we're going to redact necessary portions. but we're only doing that now. in the sense we can't go back in time and judge accurately what the conditions were, what the circumstances were of that information at the time it was shared with the secretary and make a judgment on that. >> that was a tough briefing today at the state department.

reporters had many questions about these e-mails. 7,000 of them released, hillary clinton e-mails as secretary of state. several e-mails very interesting including one back in 2010 where her e-mail went down and the i.t. department didn't even know she had a personal e-mail. we're back with our panel. steve, what do you take from looking at all of these e-mails, the things that strike you, the things that raise alarm bells? >> the italian foreign minister asked him to send classified information that's not available in these documents now to her unsecure server. we know she solicited classified information. we also can confirm that she created and sent classified information, information that is now classified. she created and sent classified information. the explanation that you got from mark toner about why that wasn't marked classified is

silly. i mean, he struggled to come up with one because he couldn't. the reason that the information wasn't marked classified is because her system, the fact that she had a private kkkkkkkk beginning i did not e-mail any classified material to anyone on my e-mail. there is no classified material in that server. then she evolved to say i didn't e-mail or receive anything marked classified. and the point is here, that doesn't even matter. >> it could never have been marked classified because it wasn't available to the people who conduct the classification. until it was just made public now. look, you go and you look at the question about whether it was born classified. all this information was born

classified. and we know that by examining the dates to which it will now be declassified. in the executive order that president obama issued in december of 2009, this information was information that quote could reasonably be expected to cause identifiable or describable damage to national security. >> a.b. >> steve is right. those declassification dates give it away. because they weren't marked at the time that they're marked according to the date the reviewer saw the e-mail was sent. everything originating from the private server, no one was there to classify it. but let's get back to the facts. sorry to be a broken record. that more than were turned over have been deleted. they were on a private server. they included work e-mails. we'll never see them. and they're gone. and we know from many overlapping investigations and probes that she did not turn

over all of her work e-mails. now we know even though she calls it material hoping to make us believe she didn't share documents, she's obviously acknowledging through her parsing that she did certainly send and receive information. this really goes back to the eternal question, madam secretary, why did you have your own server? why did you have to and why did you have to wipe it clean? she never answered >> it she also had a different device evident at several of the e-mails at the beginning. i want to play one more sound bite. mark said that the emails the information was more sensitive overtime. in other words, they got more classified afterwards. like a fine wine ripening. take a listen. >> information that was shared at the time might years later be considered to be sensitive. and, again, looking at it through the prism that we are ultimately going to release it publicly, that

does add an element to all of this. >> one is, it's very difficult for us, and i said this before, to go back and to judge what the circumstances were at the time this information was shared and to make a judgment on whether that information was classified at the time. it's not a black and white issue. it's not a clear issue. >> to secretary of state, charles? >> first of all that's entirely incoherent. assuming there is a coherent thread here it's that over time stuff becomes more sensitive. of course it's exactly the opposite. the reason we release documents after a couple of years, five years or 10 years after a war is because it becomes less sensitive. so that argument is completely nonsensical. the fact is that stuff is automatically classified if it originates in a confidential information learned from a confidential foreign source. everybody at national security knows that. that's called classified at birth.

hillary knew that and, yet, there is stuff in those emails that was classified at the birth. she knew it, therefore, her statements are entirely false. >> this isn't the end of that story. stay tuned for what one late night show insists one democratic candidate has a hard time sounding off on

finally tonight, democrats gathered for the summer meeting. former rhode island governor

and senator lincoln chafee who stands at less than 1% in the latest polls tried to make sure his voice was heard. >> everyone is talking about the iran deal and how we stop iran from acquiring nuclear weapons. i do believe that. because we are are right and we have worked hard for that. i you got that passed it wasn't easy. i put it in my inaugural address. i think it's important for people to not only love each other obviously. >> why is he hitting the microphone. it's the only thing listening to him. >> thanks for"n inviting us into year home tonight. that's it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now. >> ifs wednesday september 2nd. this is a fox news alert. a massive manhunt underway for three armed men after another officer is killed in the line of

duty. >> this particular officer is a pillar in our community. >> a community and country calling for change. >> kate stein lee's grieving family taking their battle to court. >> this is unimaginable. it is undescribable. it is brutally sad. >> who they dsay is to blame fo their daughter's killing. >> breakfast lovers what change could be a change for your life. >> ♪ >> well, good morning. beautiful shot of fox news

channel right here. you are watching "fox & friends first". i am ainsley earhardt. >> i am heather childers. thank you for starting your day with us. kate stein lee the california woman murdered by an illegal immigrant who had been deported five times. her family filing lawsuits against three government agencies claiming they share responsibility for the 32-year-old's death. >> kristin fisher is live with a look at the family's fight. >> the family of kate stein lee -- kate steinle is charging. 32-year-old was shot and killed by an illegal i am grant while walking with her father on a pe pier in san francisco