you for watching. i'm paul gigot. i hope to see you here next week. thousands of middle eastern and african migrants continue to pour into europe this weekend. they have gone hundreds of miles, traveling by boat, bus, train and foot. as the flood of humanity continues, casey mcfarland tells us what this means for our safety here at home. plus, kentucky clerk kim davis is in jail at this hour refusing to budge on her faith-based belief which compels her to turn away same-sex marriage couples. we'll tell you what she is saying today. and the day after thousands of mourners turned out to honor

an officer gunned down in cold blood in texas, the search goes on to find the killers of another officer over a thousand miles to the north in illinois. we'll ask sheriff mike lewis why it seems like officers are under siege like never before. happy saturday. i hope you're having a great labor day weekend. >> i'm leland vittert. >> welcome to news headquarters from washington. we begin this hour with the fox news alert. thousands of migrants fleeing the violence in syria, iraq and afghanistan. they're reaching the end of their journey to escape war and poverty. the refugees are arriving in austria, and germany today after being bussed out of budapest when the hungarian government gave up trying to stop them from traveling west. but officials say the one-time response isn't a permanent solution to the wave of high

rants trying to reach europe. kristen fisher is following this story. >> this is one of the stories where the images just speak so much louder than works. today, at a port in greece there was pushing, shoving, tensions erupting between port authorities and hundreds of refugees who are fleeing war and extreme poverty in their homeland. further north, a hungarian woman holds up a sign saying we apologize to the refugees after her government refused to transport any more of them to safety. and who can forget this image captured earlier this week of a little boy who drowned, his body washed up on the beach. but today, finally, we have some good news. thousands of refugees have made it to their own ultimate destination of germany and austria after days of conflict and chaos. the hungarian government deployed overnight more than a hundred buses to transport about 4,000 of them to the austrian border. they arrived exhausted but happy. >> now is very, very happy.

like man is free. free. now we are free. four to five days in hungary, very, very bad position. >> but thousands of others aren't so lucky. hungary has already announced that bus service to the border is over and will not be repeated. many now say they will walk all the way to a country that will not turn them away. >> because hungarian government doesn't let us to get the train or the buses or anything. we walk to austria then maybe germany. >> as they keep on walking officials say up to 10,000 could cross the border by nightfall. there are millions more right behind them trying to do the exact same thing. this is already being called the worst humanitarian, the worst refugee crisis since world war ii. >> very sad. kristen fisher, thank you.

in kentucky, same-sex couples are now being issued marriage licenses in accordance with federal law and kim davis, the county clerk who had refused to issue the licenses on religious grounds is still in jail. but the legal drama is far from over. as davis' lawyer says the new licenses aren't worth the paper written on because they don't have her signature. will carr is covering this story. hi, will. >> hi, leland. while davis sits in jail and her deputy clerks have issued the licenses to gay couples support has grown for the stand she's taken. it's put morehead, kentucky, in the crosshairs. supporters and protesters faced off in kentucky one day after u.s. district judge david bunting sent davis to jail. why? well, in the wake of the supreme court's recent ruling, davis refused to issue marriage

licenses to gay couples. judge bunting says that creates problems when clerks pick and choose the laws they'll enforce. but davis maintains that her religious belief that marriage is between a man and a woman will not allow her to sign off on any gay marriages even if that contradicts the law. >> martin luther king jr. said whenever man's law conflicts with god's moral law we have to obey god's moral law, but that landed dr. king in the birmingham jail just as it landed kim davis in a kentucky jail. >> and with davis in the jail what intentionality of her deputy clerks started to issue marriage licenses on friday. the only one who didn't is davis' son. at the same time, mike huckabee announced he plans to visit davis in jail next week. he's planning a rally on tuesday and he started a free kim davis petition on his website, leland. it has more than 55,000

signatures. >> already so many of the presidential candidates are weighing in. will carr covering it for us. thanks. coming up later a legal debate on the very same issue. we want to hear from you. what should be done to solve the same-sex marriage license fight in rowen county, kentucky. you can send it to us and we'll read some of the thoughts later in this show. police have found what they're calling significant new evidence in the deadly shooting of illinois police officer joe gliniewicz. investigators are also hoping a big reward and new videos will give them a break in the manhunt for the three men wanted in the killing. matt finn is standing by in fox lake, illinois, with the latest. >> reporter: good afternoon, elizabeth. well, yeah, several businesses and corporations have come forward offering a reward.

and listen as they're offering a $50,000 reward. >> this occurred in an area that many of motorola employees and their families call home. my local team worked with lieutenant gliniewicz and respected his tireless leadership and commitment to enhancing public safety. >> reporter: the latest here in fox lake is that police say they have significant video that they're piecing together which may depict a three suspects on the run. they are piecing together video from home surveillance and traffic cameras. listen as the officer says how important this evidence could be. >> i don't have an exact number, but i believe i'll just say there are several. we have images of people that we believe are subjects that we'd be interested in talking to.

>> reporter: now here in fox lake, things seem to be getting back to normal. we saw a lot of people out on boats and people walking around. i'm sure there are a lot of people keeping their eyes and ears open this weekend because there are three suspects, three cop killers on the loose. unfortunate he we don't have a very -- a strong description of them. all we know is two white men and one black male. with edon't -- we don't know tall, their age or weight. so tension probably is still high, but people are trying to get back to normal. a lot of people are epreparing for the funeral on monday. and the governor here has ordered all flags at half-staff. elizabeth? >> matt finn, thank you. officer gliniewicz is the 22nd law enforcement officer who has been shot and killed so far this year. mike lewis says the recent attacks highlight an alarming

trend that law enforcement officers are under siege. he joins us now. for so many years, for ages, the badge has always been a sign of respect, a sign of pride. it seems as though now the badge that you're wearing often becomes a target. >> it certainly has become a target. i just put an e-mail out, to all the personnel, to discontinue wearing anything that would affiliate them or associate them with law enforcement while off duty. to protect themselves, to protect their families. i have never seen it like this, leland. it's is a scary, scary time for law enforcement in this country. it truly is. >> what has changed in america from when kids were growing up, saying i want to be a police officer when i grow up, to now all of a sudden young kids chanting in the streets about what we just saw from a rally in minnesota, what they were chanting. go ahead and take a listen. >> pigs in the blanket, fry them like bacon. pigs in the blanket, fry them like bacon. pigs in the blanket, fry them like bacon.

>> it should be noted that if you look in the front of that video, there's a police officer who's risking his own life to lead these protesters. forget that for a moment. what's changed in america? >> i think there's a complete lack of accountability with this generation coming up today. once you're allowed to do what you're going to do you'll do what you'll want to do there's no accountability today. there are kids up 2:00, sitting up and watching tv, eating snacks out of bags on the sofa, knowing they have to be in school in a few hours. >> their parents aren't doing anything about it? >> no. most of the time the parents are out on the street. >> that's a scary thought. where does this end or does it? >> i'll tell you, we don't know what's going to happen. we are looking at everything right now. you know there's a very interesting dichotomy out there today with what's going on in our country. on one side, we have i think the overwhelming majority of people who are supporting law enforcement and you have a

certain segment of society that are defiant. they hate law enforcement and this black lives matter movement has perpetuated it lately. we have police officers who are hesitating to do their jobs or hesitating to use deadly force and there are cemeteries across this country that are full of great cops who hesitated to pull that trigger and they have died. on the other hand, you have officers who have a hair trigger. they'll pull it in an instant because they don't want to die. >> and what happened to that officer in texas, the funeral we're watching right now, could happen to them. you brought up black lives matter. down in texas after the funeral for the deputy sheriff that was killed there, the sheriff there was very strong about it shouldn't be black lives matter or cops lives matter, it should be all lives matter. >> absolutely. >> listen to what one of the organizers had to say about that thought. >> when people say all lives mart it's a violent statement because the only time they say all lives matter is in opposition to black lives

matter. it's the most violent statement of love you can do. >> i want to ask you what violent statement of love means, but the concept that you're going to say one type of life matters more than another type of life matters seems antithetical to the idea of having peace on our states. >> that's a racist, ludicrous statement he made. all lives maerts. but that's a racist statement made right there. >> what is that doing to kids on the streets? is it perpetuating it's us against them? >> you bet it is. you bet it is. >> all right. we'll leave it there. sheriff mike lewis, we appreciate you coming in. we met on the streets of baltimore where your men risked their lives to keep the peace there. my best to you and your men. >> thank you. fox news sunday is going in depth with the rise of violence against police officers. chris wallace will be talking to philadelphia police

commissioners ramsey and edward flynn. that's tomorrow. check local listings for the time and channel. turns out debt ridden puerto rico can be a gold mine for campaign cash and votes as i wait for the normal animation to take place. presidential candidates hillary clinton and marco rubio were on opposite sides of the aisle in issues. while rubio pushed for reforms to combat san juan's crushing debt, clinton sided with those who wanted to declare bankruptcy. >> i know political leaders across the spectrum agree to that here in puerto rico. but not a single republican has stepped up in washington to support the leaders of puerto rico. and -- >> while clinton campaigns at tend a woman for hillary event in new hampshire, the e-mail service scandal continues to dog her. marco rubio is convinced the

e-mail troubles are going away in time. >> this is going into potentially criminal activity. again it goes back to the same point i made before, hillary clinton is desperate because she has a ticking time bomb on her hands when it comes to this e-mail scandal. >> we'll have more on clinton's e-mails including a peek at her more notable pen pals later on in the show. clinton's main rival vermont socialist bernie sanders is in iowa today to speak to a labor union. meanwhile w 11 days to go before their next big debate some republicans are spending the labor day weekend in new hampshire. carly fiorina has three stops in the granite state today including a town hall tonight. south carolina senator lindsey graham had a town hall meeting at a diner this morning and will attend a gun show in conkordz, new hampshire, tomorrow. and scott walker takes a motorcycle tour of the state tomorrow. coming up, up in flames as knows of acres burn. is mother nature about to help exhausted firefighters out west?

we have the latest forecast coming up. plus, brand-new jobs numbers show record low unemployment. why did the stock market take a dive on friday? steve moore will join us and explain. what a way to go, these professionals are putting the fun in funeral. we'll explain coming up. listen up team, i brought in some protein to help rearrange the fridge and get us energized! i'm new ensure active high protein. i help you recharge with nutritious energy and strength to keep you active. come on pear, it's only a half gallon. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. all in 160 calories. ensure. take life in. wi noticed benny right away. , i just had to adopt him. he's older so he needs my help all day. when my back pain flared up we both felt it

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wildfires burning out of control this weekend are forcing many americans to change their labor day plans. right now, eight states report large fires. the largest raging east of fresno, california. it grew overnight to 134 square miles and get this, fire crews have it just 25% contained. some fire crews though depending on where they are in the west are getting a little help from mother nature. super cool temperatures are slowing down some of the fires. atlas count, 47 remain uncont n uncontained. so far, 9 million acres so far this year. nixed news in the job market as we head into the holiday weekend. the labor department released a report friday showing that the unemployment rate has dropped to

5.1%. the lowest number since april of 2008. but things were still stormy on wall street so how will this impact the markets in the coming week? joining us now is steve moore. thank you for joining us. first and foremost i want to get your reaction to numbers on friday. does it give us an accurate depiction of folks who have stopped looking for jobs? >> that's the big problem. when you said this was a mixed picture it was. pretty decent job growth especially when you included the revisions from the last month. we have over 200,000 jobs. a decent number. by the way, i don't think there are too many people watching this show who believe the unemployment rate is 5.1% and the reason it's not, i don't want to get too complicated here, but the reason it's twice this high is one, we're including people -- we're not counting people who have just dropped out of the workforce, we know people who have given up.

they're not counted as unemployed. >> what about part-time? >> if you're looking for a full-time job but waiting 18, 20, 24 hours a week, you're considered employed but don't have a full-time paycheck. the real rate is 10%, it's a big number. if you look at it will poing results, half -- if you look at the polling results half of the people think we're in a recession. we're about five or six million jobs short of where we would be if we had had an average expansion and recovery. >> so a little misleading and it could lead to a number of things. we have talked about the feds perhaps with the rate hike. does -- they're meeting in a week and a half. so what type of impacts do the numbers have? >> that's what everybody on wall street wants to know. like hamlet, to be or not to be, to raise or not to raise. i'm personally in favor of a small rate increase. we have had seven years of zero

interest rate policy from the fed so far. what has it got us? i think it's time for the fed to raise rates. the big issue, where are we going to get the growth? why are we stuck in the 2% growth path? it's the weakest recovery from the great depression and one of the reasons that the americans are economically anxious. the other thing they're worried about where's the pay raises? we got a tick up in wages in the last report, but you know it's been ten years. ten years since the average american worker got a pay raise that kept pace with inflation. that's the kind of the cancer of the economy and why there's so much rage out there. >> when people look at the stock market and it does the fluctuations it's been doing lately -- >> it's been an amazing two weeks. >> should people be panicking?

>> no. great question. look, if you're in the stock market for the long run which is five, ten, 20 years, most of us are in not as day traders but for retirement accounts. you never want to sell low. right? if you sell your stocks now you're selling when the stock market is low. don't panic. do not panic. in fact, i actually think stocks are still pretty cheap right now. it's not a bad opportunity. again, if you're in the stock market for retirement purposes. to buy these stocks at the low prices. look at the apples and the general electrics and the microsofts. those companies are pretty cheap right now. now, look, yeah, if you're worried about getting the money out in the next month or two, then you might want to pull out of the market. but stocks for the long run absolutely stay in the market and there's buying opportunities. >> okay. i'm going to leave on that -- >> i hope you don't hold me to that. >> i'll get that in writing and leave this interview on a positive note. steve moore, thank you. happy labor day. we appreciate it. still ahead, refugees are

one step closer to the final destination, but are european nations equipped to handle the surge and what does all of this mean for the conflicts in the middle east? k.t. mcfarland joins us with that. could you live without peanuts on a plane? fran is shaking her head. what it was a life or death issue for another passenger? we'll tell you about one mother's mission to protect her son. this is not a parade. this is a funeral. call it feeling their pain. we'll tell you about professional mourners in taiwan and how they are putting on a show for a sendoff to remember. many people clean their dentures

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union are at odds over how to teal with the massive influx of the refugees on their borders. how this will impact the e.u. and beyond and our security here in the u.s., k.t. mcfarland. it's so easy to look at the pictures coming in from hungary and bulgaria and say, it's not in my backyard, why do i care? why should we care? >> well, you care for three reasons. one, the refugee stream is going to continue. it's a humanitarian crisis so it tug at your heart strings, but two there are other real reasons to care. the european union was successful because they wanted to eliminate borders. the whole idea of the european union, people and goods and finances could travel freely across borders. there are no border guards say let me see your passport. now that's coming into question. why? because the refugees are trying to find a better life for themselves, they're fleeing

isis, fleeing the civil war in their own countries but where are they going to end up? are they going to end up in one country or another? there's strains on a broken system in most of the countries and my concern is even though a lot of the -- you know, 99.9% of the refugees are people fleeing a terrible situation in their own home countries, how many of them are going to have isis terrorists sort of sleeper cells who are really hiding along with these legitimate refugees who are trying to find their way into other cities? and then once the refugees go into these countries, they're not going to get jobs. a lot of the countries are going to -- there's 20, 30, 40% unemployment, youth unemployment. so those new refugees will be potentially prime recruits for terrorists. >> we have seen the extremism that's been bred in places in the ghettos outside of paris and

parts of london and et cetera, where it's really -- they're many islamic nations inside of these places. there's places that the police won't go. you add in the imams in the mosque, oh, yeah, it's the french's fault you don't have jobs, you can see how quickly they'll become radicalized. >> germany alone is going to have 800,000 this year. other countries are having 10, 20, 30,000. the larger countries are accepting that. and the problem is it's not how do you solve today's crisis, it's how do you solve the crisis a year or two down the road? the war and the fighting in syria and in iraq, it's not abating. there is no clear winner. the fighting is continuing to spread beyond those borders even. so the number of refugees that are going to try to leave that entire region and find their way to better -- a better environment in europe, that number is only going to increase. they're now seeing refugees as far away as afghanistan. >> what's interesting though is that all these folks are heading west, go west young man,

understandable because europe is willing to take them. europe's willing to pay for them. europe is willing to feed them. but then you look at the countries that are financing in many ways some of the wars and also there are quote/unquote arab brothers in saudi arabia, the united arab emirates, bahrain who aren't taking a single refugee. why is the united states and europe not saying to the folk, hey, look, you're responsible for creating these problems in iraq and in syria, you deal with it. you pay for it and for that matter you take them. >> yeah. i mean, that's the sort of unspoken thing that nobody is talking about and everybody should talk about. a lot of the initial funding for example from isis came from wealthy gulf arab families. those countries, the wealthy gulf -- wealthy oil countries, they're not taking refugees. they have historically never taken refugees. if you go back to the creation of the modern state of israel there were a lot of displaced refugees. were they able -- were the palestinians able to go to the

gulf country, no. the gulf countries didn't want them. they wanted them in refugee camps in the palestinian territory. so that's the seed of that problem that they now have between israel and the palestinians. that was born 60 years ago because a lot of the arab brothers wouldn't take them. you wonder what problems are growing as a result of their failure to take -- arab speaking muslim brothers into their own neighborhood. >> so as we look at the map, everybody is headed west. they're not headed east into the gulf countries. the other place they don't want to go is russia and china and they're the two countries that have gotten behind assad and tried to prop him up and those kind of things. as we look at pictures from china's military day parade, how much of this is russia and china trying to slough off the refugees on europe and everybody else as a way of sort of playing for -- you know, playing with the human lives to try to gain political and global capital?

>> well, china i think less so, but russia certainly because we have seen in the last even the last week that russia has increased its military presence in syria. russia is trying to prop up the assad government. like the iranians are. so russia is sending military equipment, by sea, over land, sending it by air to try to prop up the assad government to continue the fighting. >> continue the fighting and continue the refugee crisis. >> oh, sure, exactly. >> right. obviously -- >> we know how much putin loves europe in terms of being able to give europe a problem to deal with the refugees. last question for you, k.t. we showed the pictures of the chinese military parade over the past couple of days and vladimir putin was there as welt. are we seeing a new shift in sort of the axis of power as you see russia and china team up or are they more cousins than good friends?

>> it's a marriage of convenience. it's been the attempt to get china and russia away from each other and make them no longer enemies of the united states. nixon neutralized china. and reagan neutralized russia. their convenient relationship is china has the money, china needs resources. russia has the resources and they want to sell them. they're getting together initially over resources but the worry becomes are they going to gang up -- the chinese and the russians going to gang up against the united states and our interests throughout the world and i think you are going to see more of that. >> well, there's certainly a gang up there at least it looks like it's happening. no coincidence the chinese naval vessels were off the coast of alaska as president obama was there. as we end here, one note from twitter. my biggest concern with the influx of refugees to europe are wolves in sheep's clothing, the very same point you made earlier. thanks so much. enjoy your labor day holiday. all the best.

go navy. back here at home, a fire at a planned parenthood in washington state has been ruled an arson. it was set early friday morning and caused structural damage to the facility. no one was injured. a motive for the arson is still under investigation. the clinic located in pullman was the site of a rally last month where protesters called for the federal government to end funding for the health organization. still ahead, this saturday afternoon, on "america's news headquarters" we'll meet the mega donors who give us the inside scoop on the candidates that cannot stop calling them for cash. imagine that. we have heard of high school students being trapped in lockers and of course garbage cans. probably happened to elizabeth a few times as a prank, but a safe, how does a high school kid get locked in a safe? we'll explain. >> for whatever reason he's inside and we cannot get the door open. this safe is normally unlocked. there's nothing in it.

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you couldn't make this one up if you tried. a 16-year-old high school student is bring breathing easier after being rescued from inside a locked safe at school. the fire department was called to edison high school in san antonio, texas, after the teen somehow locked himself into the combination locked safe. he was stuck there for three hours. firefighters drilled holes into the safe to make sure the boy though was getting enough oxygen during the rescue. >> remarkably calm the whole way through. >> the boy is out. the safe is opened up. >> i think it was challenging. the time involved. we had our best guys on it.

>> we don't know how he locked himself, but we'll make sure it doesn't happen again. >> the safe is at least 40 years ode and it was originally used by the school's rotc program to store guns. you have to wonder if he had a little bit of help getting into that safe. >> it's kind -- i don't know. i would imagine it's hard to close a safe from the inside. >> a little rookie initiation never hurt anybody there. >> i'm glad he's out safely though. as candidates in the 2016 presidential race scramble to lock in voters, the competition can be just as tough as tough to score the big money donors that are needed to keep the campaign alive. correspondent william -- says money may not buy happiness, but

it gives you attention. >> your phone rings constantly, you get voice mail to hey, john, it's so and so. i'd like to talk about my campaign that's code for reaching for my wallet. >> john jordan is a multimillionaire who helps to bank roll political campaigns. in 2012 he spent $2 million on the negative spot against president obama. >> but by 2012 our relationship was in trouble. >> this year, jordan remains uncommitted. but says not a day goes by that a campaign doesn't ask him for money. >> the candidate will call and pretend to be interested in what you're doing and your business and they'll have a little sheet in front of them about what you do and who you are, pets, anything their staff can scrape up. then they'll pivot to the race. geez, you know, this is a very interesting time in america, you know, then comes the ask. they have a specific number they want to ask for. it's -- and then they put you on the spot. >> every candidate i ever worked for hated the process of making the phone calls to ask big

contributors to make that donation. >> reporter: among republican, joe trippi understands why many donors remain uncommitted. >> it's just the best position for them to be in. they don't want to keep going back to the checkbook over and over. >> i am -- i'm in great admiration of the people that are badgering me and calling me. >> reporter: foster free supports rick santorum, but others still call. that's not likely to change. >> the only time you hear back is when they want more. >> reporter: among the 100 largest gop donors from the last election about 25% have given to one candidate. half to multiple candidates. while the rest remain uncommitted. among democrats, hillary has a big lead, but joe biden is giving some second thoughts. take a look at this, this an usual -- unusual take on

mourning the death of a loved one. dare i say not your typical funeral or at least typical here in the united states. go go boot wearing marching bands. they're coming in a second. they're part of the package you get to help ease the pain and of course honor the passing relative in taiwan. it costs about $500 and for that professional mourners take your funeral to a higher level. >> translator: inviting a kinky marching band to come and perform is to comfort our emotions of grief, not to focus on the fact that any great aunt has left us. we're hoping she can leave us in a happier way and our emotions won't be so heavy. >> it's custom to do everything to have a well attended and emotional funeral. it's thought to help the dead travel safely into the

afterlife. there is something interesting about that young man who said he's talking about his great-aunt and kinky go go boot dancers in the same sentence. >> i never thought i'd request this, but i hope the day that i pass i get some kinky boots wearing -- >> i would be willing to do that for you. i will make sure that happens. >> i bet you would. i hope it's entertaining for you. >> there we go. still ahead, the push to add peanuts to the list of dangerous items banned on planes. plus, trapped, tired and snared by fishing lines off the catalina coast. time is running out for this magnificent blue whale. yet up to 90% fall short in getting key nutrients from food alone. let's do more... ...add one a day men's 50+. complete with key nutrients we may need. plus it helps support healthy blood pressure with vitamin d and magnesium. and it's...well...just a car. without taking it for a spin,

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welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. pretty cool rescue effort is set to get underway today to free a blue whale tangled in fishing line off the southern california coast. a 75-foot whale was spotted yesterday. you can see him here in this video, dragging a long line behind him. it appears as though that line is possibly attached to a buoy of a crab or possibly even a lobster trap. get this, a disentanglement team arrived on scene yesterday to attach a bowie to be able to keep track there of the whale. and you can see the whale swimming and coming up for air

and they've waited until today to try to free the whale. we'll let you know how the whale makes out. and this is something no parent ever wants to hear. if you think he's going to die, don't get on the plane. those are chilling words aimed at leann and her son, josh, who is allergic to peanuts as they tried to board a flight. there are an estimated 15 million americans with food allergies. 3 million are allergic to peanuts and other tree nuts. so how do you protect them in flight? leann and josh join us now from new york. thank you both very much for joining us. so tell me what happened with josh while you were in denver. tell me the story and also what you're advocating now. >> the story was basically that i had asked for an announcement after there was another family near proximity to us that was allowing their children to throw peanuts up in the air, crush them, and point at my son and

laugh, and i asked them to make a special announcement identifying the row that we were in and be careful around them and they refused and said it was up to the individual flight crew and they would ask the crew and the crew said they didn't want to do it. there was no remedy offered to me. and then they said to josh, if you think he's going to die, don't get on the plane. and he became terrified, he said, i don't want to die in the air, i'm only 8 years old, and became hysterical. so the problem with this. the only consistency amongst all the airlines, as far as how they deal with a food allergy is inconsistency. they are consistently inconsistent. >> first of all, what airline was this that you were trying to fly? and are all airlines across the board, they don't necessarily acknowledge people who have allergies? or they do? >> this was united. no, not all airlines do not acknowledge. west jet in canada has one of the best policies around. we only fly jetblue here in the

united states. they have a great policy. delta makes announcements. american doesn't do anything. >> delta has a statement, when notified that there's a passenger who's allergic to peanuts, southwest also recommends taking the earliest flight when possible, for the plane to be the cleanest. aa, american airlines unable to provide a nut-free zone. so what are you fighting for? have you gone to lawmakers for this? >> i'm part of a coalition and we just had a bill, s-1972 introduced in the senate. it's a bipartisan bill and amongst other things, it is asking for auto injectors, which are easy to use, to be supplied on planes, because believe it or not, there are these archaic vials that aren't even labeled. they're labeled for cardiac use, epinephrine, but no labeling for allergic use. so there have been cases where you have an emergency of someone

eating a nut for the first time and you know, the dosage is just unclear on what you would do for a pediatric patient. >> okay. i do want to play devil's advocate here. because the airlines are trying to balance a million things at once and there are thousands of passengers every day. i want to play devil's advocate and say, why couldn't josh just wear a mask and protect himself that day? >> well, he can. but there's the problem of contact. and peanut protein is very robust. it lasts up to 110 days. kids put their hands in their mouths all the time. and it's a question of just being ab to get on that plane early, wipe down all -- we are not asking, you know, for a ban, we are not asking for, you know, huge steps here. we're asking to be able to reduce the risk and make the environment safer. so that means being able to get on the plane early, wipe down exposure for people who sat there before and help the people surround us to be careful and not eat the product and let everybody live with their own moral compass around us and have the auto injector, because --

and you know, the thing is, we're not asking to reinvent the wheel. airlines already have to have epinephrine onboard. we're just trying to bring them into the 21st century. >> and have training as well. >> josh can give himself the auto injector, so why shouldn't a flight attendant be trained in order to help him in case he passes out when he's an adult or help that passenger that doesn't carry the auto injector, because they don't know they have an allergy yet. >> leann, thank you, we're running out of time. josh, we're glad you're safe and appreciate you bringing awareness to this cause. thank you so much. >> thank you. in portsmouth, new hampshire, hillary clinton taking questions from the press. we'll see if she addresses her aide who has invoked his fifth amendment right over the e-mail scandal. >> and off we go, joyfully! >> and just like that, it is

over. hillary clinton there talking to press in portsmouth, new hampshire. obviously, so many questions to deal with as it relates to hillary clinton's e-mail server. we're going to tackle some of those coming up in the next hour. perhaps we'll figure out why she didn't pay that much attention, as she said, to exactly what kind of e-mails she would use or if she would have her on private server. more on that at the top of the hour. if you're suffering from constipation or irregularity, powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets. ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, designed for dependable relief.

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thanks for staying with us on this saturday. i'm leland vittert. we can to america's news headquarters from washington. >> and i'm elizabeth prann. here's what's making news. a new source says that hillary clinton paid a person to update her server. while on the gop side, the war of words between front-runner donald trump and former florida governor jeb bush continues to get heated up, white hot, you might say. we'll take a closer look with a top election watcher. >> and tom brady speaks out on deflategate, after a federal judge clears his four-game suspension. what all this means for the future of the nfl to police players.

hillary clinton's campaign in new hampshire right now just wrapped up a press conference, but it's the scandal over her private e-mail server that continues to follow her everywhere she goes. the latest wrinkles in the is aga, a new tv interview that seems to do little to put the issue to rest. and a report that the clintons personally paid a state department staffer to maintain that server. molly hennenberg has been following it all and joins us for the latest. >> hi, leland. hillary clinton's former technology specialist now may be caught up in the e-mail server scandal. but today clinton was on the campaign trail, with the democratic senator making a point of telling the crowd that she would, quote, trust her, meaning clinton, to be the next president of the united states. new hampshire democratic senator jeanne shaheen appeared at a rally to endorse clinton publicly. shaheen also endorsed clinton in

2008 in the race against then senator barack obama. during her speech, clinton made no speech of the e-mail issue, which has now ensnared her former i.t. specialist, brian p pagliano, who worked with clinton on her 2008 campaign staff and later at the state department. and "the washington post" reports today that the clintons personally paid pagliano to maintain the server before and during clinton's time as secretary of state. congressional investigators wanted to question pagliano about destruction of evidence, possibly regarding that server. but pagliano's lawyer informed lawmakers that his client would, quote, respectfully assert his fifth amendment right against self-incrimination. clinton said yesterday that she wishes she had made a different choice in setting up the private server when she first came onboard at the state department. >> you know, i was not thinking a lot when i got in. there was so much work to be

done. we had so many problems around the world. i didn't really stop and think, what kind of e-mail system will there be. >> republicans aren't buying it. rnc spokesman michael short put out a statement saying, quote, what's clear is hillary clinton regrets that she got caught, and is paying a political price. not the fact that her secret e-mail server put our national security at risk. and leland, before i toss it back to you, we're just getting some information from that press conference that you showed right before the break of when hillary clinton spoke with the press, and she was asked about pagliano pleading the fifth. and she was saying that the clinton family paid for his services and did so, quote, because during a period of time, we needed his technical assistance. we're looking over more of what she said and we'll have that later on today. leland? >> and we'll see what other questions she may get over the weekend. molly hennenberg, following it all for us. thank you, molly.

>> i'm looking for the next commander in chief, to know who hassan nasrallah is and al zawahiri, and al baghdadi. do you know the players without a scorecard yet, donald trump? >> you know, honestly, i think by the time we get to office, they'll be all changed. they'll be all gone. >> you need to know what the capabilities of the united states are. i saw the transcript to have the hugh hewitt interview, and i'll sure he'll get better. >> that was donald trump earlier fumbling with hugh hewitt. jeb bush quickly blasted trump, calling him lightweight on international affairs. this is just the latest in an ongoing war between the t contenders. let's bring in a.b. stoddard, a columnist for "the hill" to break this all down. we've seen the exchanges indirectly, obviously, between the two of them. i want to ask you, a, your reactions to it evolving, and b,

how much damage has been done to the bush campaign because of donald trump? could they have ever predicted this? >> no, no one predicted this. no one predicted the fact that he was going to get in seriously, have staying power, and completely upend the convention of presidential campaigns. jeb bush has a lot of money. that doesn't matter anymore. donald trump can tweet things all day, just call up different tv shows and make the entire news cycle, for three days in a row, after saying one outrageous thing. he doesn't need money or super pacs. it's an amazing transformation in what the process people were trying to perfect. and thought that they had, at least front-runners like jeb bush and his team. so, now, candidates are struggling to stand out against him. jeb bush obviously falling in the polls from his front-runner position. and he really was in a corner where he felt his supporters felt that he was being defined

by trump. he is a low-energy candidate. trump hit him right in the stomach there. and they made a decision that he had to fight back, that ignoring it looked really weak. >> when you see the rhetoric. when you see donald trump on hugh hewitt's show. and the next day he took -- he went on the offense and he tackled the issue right away, when any other candidate would sort of retreat. how is that working for him? and why is it not working for other candidates? >> well, trump is not a good debater. i thought he lost the fox debate on august 6th, so he turned the story immediately to megyn kelly in a really outrageous way that made us forget what happened that night and now he's doing it to hugh hewitt and in the face of the september 16th debate, he's calling him a third-rate radio announcer and trying to create a narrative where hugh hewitt's out to get him. and his supporters like that, that it's the whole world against donald trump, so that way if he shows up at cnn on

september 16th and doesn't perform well, he can say the moderators were out to get him. it's a good tactic. >> if jeb bush were in the seat with hugh hewitt during the interview and he had the same answer, what would the landscape look like today? >> that he didn't know the answers to those questions? >> right. >> it would be a disaster for jeb bush. >> but not a disaster for donald trump? >> i guess not. i think his supporters are not interested in a commander in chief who knows all those players in the middle east. donald trump has not talked about terrorism. he talks about trade and immigration, mostly. so this is a different republican primary voting base than we've seen before, or they're going to change their minds when the voting starts. >> behind the scenes, right now, what's going on within the bush campaign? >> they are going to try to continue, they believe, much like the barack obama campaign did, that it's a very long marathon, not a sprint. and that you can actually, in the end, amass the most

delegates, much like romney did, even if you are seemingly less popular than the other candidate. that it's a long slog on they believe he has what it takes to get to the end, and they believe that there is high reward for bush if he succeeds in painting donald trump as a liberal. and there's high reward for bush if he looks more conservative as a result, is no longer considered a moderate. if he actually paints trump as a liberal and is able to say this immigration policy of trump's is a general election loser. so far, i don't think he's doing that quite well. but that's the way to fight back against donald trump. >> last question, with a quick answer. should he be focused more on state policy or national polls? >> you always have to be focused on state polls, because that's what romney lost the election by. they were looking at national polls, and the early contest matters for momentum. >> a.b. stoddard, thanks so much for coming this holiday weekend. >> thanks so much. >> leland? >> don't forget, fox news channel is your home for all the late test 2016 news, as the

campaign marches on. tune into sunday morning futures, 10:00 a.m. tomorrow morning with maria bartiromo to see her interview with kentucky senator rand paul, and then at 11:00 a.m. eastern, howard kurtz sits down for a one-on-one with carly fiorina to talk about her push to make the debate stage on cnn coming up later this month. it is not in an interview you want to miss. and in a fox news alert, it has been the end of a long, exhausting journey for thousands of migrants fleeing war and poverty. who can blame them? today refugees mainly from syria are arriving in austrias and germany after being bused out of budapest when the hungarian government gave up on trying to stop them from traveling west. but hungary's anti-immigrant prime minister says the emergency busing of migrants doesn't solve the long-term problem. wave heard that before from mcfarland as well.

now live on the phone from budapest, kester, we have seen the pictures coming out of budapest, of the babies being passed on to train carriages and all those kinds of things. is it really as bad as the pictures make it seem, or this just sort of a very isolated situation? >> reporter: well, those pictures of the railway carriages there this week, they were, in my opinion, a disaster in terms of crisis management. the police simply walked away from the barriers, and, you know, a 16-year-old schoolboy with a bit of brains wouldn't manage a crowd like that. of course, these people had been traveling 200,000 miles or something, they're going to jump on any train they can. that's exactly what they did. and they did this two times! which is absolutely absurd. having said that, yeah, the train yesterday -- what am i --

wednesday -- thursday, when it left, it was very, very hot. it was crowded. >> the hungarian government just overwhelmed here? are they not able to deal with it? or just don't care about these immigrants and wish they would go away? >> well, critics say the latter, definitely. and of course, now they've done this. yeah, hungary can't obviously cope with all of these people to keep them, but they don't want to stay here. they want to go to germany. and that's what they were chanting regularly, germany, yes, hungary, no. things like this on the train. >> so we're at this point now where hungary has passed the buck over to austria and germany, but there will be continuing flows of refugees in. there's no reason to think this is going to stop. is hungary doing anything to deal with this, or figure they can keep passing the buck west to europe? >> there are volunteers doing a lot of work, definitely, but the people i've talked to in the camps that they've got for them,

they're free kamps. they're not forced to stay in them, but they were leaving yesterda just to a local supermarket, to get better food. they said the food wasn't very good. and hungary's appealing all the time for more money to police these refugees, or rather to look after the refugees, but my fear is a lot of that money is just going on massive police cordons and the like rather than to the refugees. i have no proof of that. >> well, history would prove your supposition often to be true, where so much money is spent by so many countries, and yet it's the refugees that continue to suffer. kester eddy from budapest, appreciate your insight, sir. thank you. >> thank you. >> elizabeth? among those forced by isis to run for their lives, iraqi christians. thousands of displaced iraqi christians are seeking asylum as they flee from the threat of the islamic state. the catholic archbishop of iraq is calling this nothing short of genocide. he wants the u.s. government to step in and help with the crisis.

lauren green is live for us in new york with the latest. hi, lauren. >> reporter: hello. you know, persecuted christians in iraq have an advocate who has a tough job, not only looking after the refugees fleeing isis, but also trying to convince countries rike the u.s. to stop playing politics and help. tens of thousands of iraqi christians have been driven from their homelands. those who survive tell of suffering, rape, murder, and starvation. the archbishop says it's plain and simple, isis and radical islamists are targeting christians for extermination. >> genocide. we have to call the whole world to wake up for what's happening there and take an action and committed actions to be responsible for what's happening of the indigenous people. >> bashar matti warda say the indigenous people are living in iraq, mosul, syria.

those who make it to refugee camps like this one live in 3 x 6 prefabricated homes. their lives in limbo, no work, no income, to place to call home. warda criticizing the u.s. government for not offering asylum, even turning down visas to the persecuted christians. >> the americans have a policy of their own, policy, we do care about the persecuted people around the world and defending their rights. here there was a clear case of the christians, of the genocide there. >> state department deputy spokesperson mark toner would only say the administration does take its freedom very seriously. >> asylum seekers come in all religions, all, you know, all races, all political leanings. what matters is that, you know, is that we look at their cases individually, and whether they have compelling reasons to seek

asylum. >> the iraqi christians are being held by religious non-profit groups like the nights of columbus, which has allocated millions of dollars in aid. back to you. >> lauren green reporting live. lauren, thank you. coming up, the rural county many americans have never heard of is now ground zero in the debate over religious liberty and gay rights. how do we balance the two? our legal panel looks at how we got here and what may happen next for this woman. plus, notorious drug kingpin el chapo is very much on the radar of the new dea chief. james rosen sat down with him for an exclusive interview -- the dea chief, not el chapo. that interview is coming up. plus, caught on tape. a serial burglar menaces a local business over and over and over again. why police say it's now up to you to help catch this guy. when i started at the shelter, i noticed benny right away. i just had to adopt him. he's older so he needs my help all day.

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we figure you probably don't have time to wait on hold. that's why at xfinity we're hard at work, building new apps like this one that lets you choose a time for us to call you. so instead of waiting on hold, we'll call you when things are just as wonderful... [phone ringing] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. a small business owner in seattle says he should be building his business, but instead, he's trying to solve a crime. kurt busch's new car dealership has been robbed over lee times over the course of just two months. the last break-in was caught by surveillance cameras. >> it's a violation. you feel violated. you're uncomfortable, you're uneasy, you don't know what's

happening. you know, you don't know is somebody in the building still? are they coming back. >> bush has turned to social media, asking his customers and friends to help find the thief. a county clerk in kentucky is behind bars this weekend for refusing to issue marriage licenses to same-sex couples. for a long time, she said she wouldn't issue marriage licenses to anyone. kim davis says she's not backing down, because it would violate her religious beliefs. but as a public servant, does she have a legal leg to stand on? here to break it down for a fair and balanced debate, director of strategic affairs for the liberty institute, ken kalowski. ken, as we've seen over the last 24 or so hours, there have been couples who have gotten marriage licenses, same-sex couples,

there in this county that kim davis is in, her subordinates said, we'll go ahead and issue the licenses. should she be out of jail now? the law says same-sex couples can get married, they're getting married, she leaves. >> that touches on the most concerning part of this situation. that is, this woman should never gone to jail to begin with. we do not want america to become a country where people go to law for peacefully trying to exercise their beliefs. federal judges have all kinds of ls too at their disposal to make people comply with their commands. to hold someone in contempt and put them in handcuffs and haul them to jail, that is the nuclear option for a judge. the judge overreacted. >> he has a right to keep her in jail? >> until she agrees to comply with the constitution, she is in contempt. and the issue here is that miss davis has repeatedly said that she will not comply with the law, that fines will not make her comply with the law, that she is so committed with this

position of not obeying the constitution -- >> but, right, at this point, if people are getting marriage licenses, which is what the law says should be able to happen, whether she issues it or not is kind of irrelevant, right? >> the problem is that once she's reduced, she resumes her duties as clerk and she's indicated very clearly that she is going to order people to stop issuing those licenses. so the question is, she holds the key to her own jail cell. she can say she's going to comply with the constitution and she gets out. she can resign and she gets out. but the issue is just like, if i call the cops because someone's breaking into my home, a public servant can't tell me, i don't provide of you so i'm not going to provide you with government services. she can't do that either. >> ken? >> not at all. everyone has a fundamental right under the first amendment. not just a free speech right to share their beliefs on this, but also a separate fundamental right to the free exercise to have their religion, to freely live it out. now, that has always been construed as things that aredon. we do that in the military. we do that with doctors

performing abortion ifs they're pro life. we've always recognized in the law that the government cannot punish you for not personally violating your own conscience. now, she's on much shakier ground if you're talking about saying that that power depends extends, that that extends to her government power. >> she took an oath, this clerk. >> she took an oath, but military officers take an oath that they're going to follow the chain of command, but if they have a religious objection to bearing arms, they're assigned to a non-combat role. the issue here would be, well, does your personal right also include to be able to order your subordinates who don't share your objection to also behave the same way? there's an easy workaround here, ands that is to respect her fundamental rights personally not to participate in this and to have the deputies issue it. which is the accommodation that's being asked for, in fact. >> does that make sense to you? >> there's no first amendment right to draw a government salary because you won't do your job. the issue here is that she is a government official. and so if i'm drafted, i might

be able to claim conscientious objector status, but i can't say, i'm not going to fight or perform any duties, but i still want paid. >> no, that's exactly what conscientious observers do do. you can be drafted but constitutionally exempted from combat. that example proves the -- >> but the difference is that the military decides to provide a statutory dispensation there. the constitution does not give you a right to get paid to not do your job. >> that's not true at all. the federal statutes are codifying that protection. >> i'm sorry, ken, but we're reading a different constitution. the constitution does not say that you can get a government paycheck for not doing your job. >> the law -- >> is she still getting her paycheck while she's in jail? >> she is. >> to the best of my knowledge, she is. >> ken, we appreciate you being

here. ian, we appreciate you being here on a very special day. you will always remember this interview, not because of the interview, but because you're getting married later today. >> such as my commitment to the institution. >> we're proud of you and all the best in the future. you'll hear it from these two guys, including the guy who's getting married today. we want to know what you think. what should be done to resolve the same-sex marriage license fight in kentucky? and it is a big fight. send us your tweets. there's been a lot of them so far. we've read them all and we'll read more of them and share some of our thoughts and your thoughts coming up here later in the show. also coming up, inside hillary clinton's orbit. newly released e-mails give us a rare glimpse into her time as secretary of state, on a very personal level. we'll tell you about it. plus, taking building sand castles to a whole new level. that's what you did on the beach when you were a kid, right? we'll tell you where this is happening and how you can see

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tums smoothies starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. tum-tum-tum-tum-tums smoothies, only from tums. former secretary of state hillary clinton continues to defend her use of a private e-mail server, even as the state department releases a new batch of e-mails containing information that has now been deemed classified. hillary clinton offered an apology in an interview with nbc news, but it wasn't what many expected. >> are you sorry? do you want to apologize to the american people for the choice you made? >> well, it wasn't the best choice. and i certainly have said that. i will continue to say that. >> "washington examiner" investigative reporter sarah westwood joins us now. we used to have an old rule in my fraternity. admit nothing, with deny everything, make counteraccusations. it didn't get us very far, but

we enjoyed doing it. it seems clinton has gotten away from that methodology, but this is still a long way from tell the truth, tell it all, tell it now. >> right. hillary clinton initially started out not talking about the e-mails, not taking reporters' questions. then you saw her poll numbers start to plummet, especially her favorability ratings. now she's starting to address it more and more in front of reporters, but she's giving the same unsatisfactory answers and it's not really helping her case. >> one person a lot of people want to hear from is the head of her i.t. department who was with the state department. we're now learning may have been paid quietly by the clintons to maintain this server. certainly appears to be a conflict. he's now taken the fifth amendment. take a listen to what mrs. clinton had to say about that a couple of minutes ago in new hampshire. >> with respect to personal services that he provided to me and my family, we obviously paid for those services.

and did so because during a period of time, we continued to need his technical assistance and i think that's in the public record. >> you can only imagine how many folks would like to talk to him and learn what he knows. obviously, reporters like you. obviously congress as well. he's taken the fifth amendment. what is the chance that you're hearing that he's going to be given am nesty and therefore will be compelled to testify and loses his fifth amendment right? >> that's something that's been passed around out there. we don't know how likely that is to become a reality. but we know that his lawyer has said he's not testifying before the three congressional committees, because they don't want him to get caught up in politics. but now we've learned that pagliano has also pled the fifth to fbi investigators, which is part of president obama's justice department. so the question becomes, is he really not getting involved in this investigation because of political concerns, or is there something he doesn't want to talk about? >> on its face, it seems at least concerning that you would

have an employee of the united states government paid by the taxpayers, who's then doing sort of work on the side for a cabinet level official. is that a common practice you've heard of among cabinet level officials? >> it shouldn't be, but it's something that we saw happen frequently in hillary clinton's top hosht. in fact, we saw huma abedin work for the clinton administration as well as the state department. it's not something that's supposed to happen, because it opens those officials up to conflict of interest, but something that did happen. >> one thing we're interesting that we're seeing out of these e-mails, there's the huge issue of classification. were there classified e-mails on the server. the issue of the 30,000 plus e-mails that were deleted. but some of these give us insight into hillary clinton and secretary of state. sidney blumenthal writing to hillary clinton, blumenthal being one of her top friends. speaking about prime minister benjamin netanyahu.

bibi desperately seeks his father's approbation and can never equal his dead brother. >> blumenthal was constantly giving hillary clinton unvarnished opinions about netanyahu and about israel and they were very negative. and sidney plumblumenthal's sona journalist who writes very controversial things about israel. >> and as far as we can tell from the e-mail, she wasn't firing back saying, no, i disagree, no, that's not right, you're really out of line to say that about the prime minister and his dead brother. >> no, she was requesting her aides to print out multiple copies of these anti-israel memos so she could presumably look at them more closely. >> she looked at them on a lot of things, her ipad, some e-mails about that. sarah, we'll see what you learn as the saga continues. police in california are still searching for the gunman

who opposed fire at sacramento city college leaving one dead. police say the victims and gunman all knew each other. detectives have arrested one man who was grazed by a bullet and believed to be involved in the scuffle that led to the shooting. the campus was locked down thursday after the shots rack out. a third man was hospitalized and is expected to survive. still to come on the show, lighting the way home. 4 1/2 years after a nuclear disaster, but it's an important question. is it safe to go back to this once-abandoned town? and patriots fans rejoice. tom brady wins again, this time in court. we'll see if he can still win on the field. but now that he's won in court, has the nfl lost the muscle to punish players that behave badly? elizabeth will tackle that, coming up next.

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you are looking at a live picture of mission control there in houston. we are awaiting from nasa a picture from the international space station, some 249 miles above earth, where astronaut scott kelly is expected to take command of the international space station coming up some time in the next couple of minutes. it was scheduled to start at 2:40 eastern. we're going to obviously monitor the signal coming out from nasa, when they switch over to the international space station. we will bring you this very special ceremony live. in the meantime, here is elizabeth. >> thank you, leland. a grateful hometown crowd will pack gillette stadium thursday to watch tom brady and the new england patriots take on the pittsburgh steelers. brady got the green light to play in the season opener after a federal judge scratched a four-week suspension ordered by the nfl commissioner, roger goodell.

in a facebook post yesterday, brady thanked the judge and without mentioning deflategate directly, he apologized for the ordeal, saying, i'm sorry our league had tondure this. i don't think it has been good for our sport, to a large degree, we have all lost. roger goodell may be the biggest loser, but he isn't giving up the fight. he appealed to the ruling, quoting here, protecting the integrity of the game. the commissioner's responsibility to secure the competitive fairness of our campaign is of paramount principle. and the legal and our 32 clubs will continue to pursue a path to that end. joining us now, sports law attorney, dominick romano. dominick, thank you so much for joining us. actually, if you don't mind, i'm going to have to interrupt you. we're going to head to the international space station. we will get to this interview, but we want to take a live look for our viewers. this is astronaut scott kelly. you can see him on screen left.

he is being hailed -- taking charge of the international space station. let's take a look live now at -- >> -- space station and -- >> do i regret -- space station, launched and we start to work together in march. and think about scott kelly and mission, do a great job. thank you very much, guys, for supporting each other and working together and not a good time, especially after progress and spacex, but at that time, we will try to give space station a great operational condition. thank you very much for hi cruise.

unfortunately, our mission was shorter than was scheduled, but this time was very, very productive. many, many science experiments, i cannot even name them. but i cannot but mention, for example, it was awesome for me. i was to participate in this experience as a subject and an operator. stauch thank you very much to all entities, houston, munich, moscow. thank you for your support and we'll be looking forward to seeing you on the ground. some of them sooner, some of them later. >> thank you. the change of command ceremony in the united states navy, which i am from, is a time-honored tradition that shows when one

commander relinquishes the command and the other person assumes the command of a vessel, generally like the space station or a facility. just so it's clear to everyone who the person with the ultimate responsibility onboard is, now, having said that, there are a lot of people that make the -- and he mention altd of those. the folks on the ground, the engineers, the technicians and most importantly the other crew members onboard. you know, we're just kind of the figurehead up here. and it takes a team to make this space station run. i've done this job once before as the commander as the space station, but i am fortunate now to have had the wisdom and experience and a leader like this to learn from and see how i could do this job better this

second time and it's really been a privilege and an honor to serve as one of his crew members and just want to say, he's done a fantastic job. i've learned a lot from him. and we will miss him when he leaves here at the end of next week. so with that, we'll do the official part of the change of command ceremony in the navy tradition and then we will be complete today. >> i've already commence to scott kelly. >> and i assume command of the international space station, a great ship and one that not only serves us very well, but serves our various countries very well. in this case, you know, we have people from united states, russia, japan, denmark, kazakhstan and japan. so, as you can see, there's an international crew, an international partnership. and it what's make this space

station great. thank you very much, everyone, for joining us onboard today. thank you. >> and it's been an honor to work with you. it's been an honor to work with you. >> 249 miles above earth. interesting note, he said, as a member of the navy, he used to participate in these change of command ceremonies to take over a ship and these kind of things. this would be the most expensive, shi, though, that scott kelly has ever commanded, $159 billion he is now in charge of. >> and perhaps the farthest from home. and we all know that he's spending a year in space. his twin brother, obviously, an astronaut at home here on earth. >> if you look at his by acceice still looks pretty strong. >> and when we come back, we'll be talking to dominick romano.

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well, even if you're not a sports fan you've unout to doub been following the scandal of tom brady and deflate-gate. he was given the green light to play in the home opener, so

let's talk to dominick romano, a sports law attorney, we were talking to him earlier and were interrupted. i want to get your reaction to the news on thursday. >> well, it seems to be a victory for the players association. but in the end, it's the latest in a series of embarrassments for the nfl and their disciplinary procedure along with the new orleans saints situation, the adrian rice -- the adrian peterson, the ray rice situations. the nfl have to be clearer about its disciplinary procedure. the punishments must be clear. the process must be clear. the judge basically rules on procedure. the judge did not decide that brady is absolved from any involvement or that he was reet in destroying eveld ining evid anything of that nature, but it definitely provides a blue present for the nfl and what to do in the future to avoid these embarrassing situations. >> i want to elaborate on something you said, the threshold for imposing discipline according to the nfl

requires finding strong probability of wrongdoing, but the league did not find deliberate intent in this case. so, are you surprised in this? >> well, somewhat. but the -- what the court did was highlight the deficiencies of the procedure. for example, brady was not allowed to question his accuser, the general counsel in this case who edited the wells report, nor was he allowed access to the investigative notes and the punishment wasn't set in advance nor was the penalty known. so the penalty which was meted out was similar to a player might receive for steroid use. so, all of these things combined made the judge vacate the arbitrator's decision. and now this could be appealed many times over. >> right. >> for example, the nfl has already launched the appeal, but that -- the next decision could be appealed and it could go all the way to the supreme court theoretically. >> i want to get your reactions tom brady put a message up on

his facebook. i am sorry our league had to endure this. i don't think it has been good for our sport. to a large degree we have all lost. agree or disagree? >> 100% agree. but note the patriots accepted their punishment. they took their million dollar fine and lost the first round draft pick and the fourth round in the following year. brady decided to challenge. this could have been privately settled with the league outside of judicial intervention and he chose not to do that and now it will continue to be in the public light. >> what do you think's going to happen with the appeal? obviously we know roger goodell said he's going to appeal and you hit on it earlier. is this just going to be a never-ending conflict? >> it might continue for a while but i think it's a lesson for the nfl and i think you'll see not just the nfl but other sports leagues may modify their grievance procedures and their disciplinary procedures as a result of this whole situation. >> now, roger goodell, like you said, he is going to appeal. but do you think that he has a

case here? i mean, you said that the nfl doesn't necessarily have a consistent rule that they stand by. >> no. you're right. they don't have a consistent rule. but the commissioner has wide latitude in order to protect the integrity of the game. so, in the end, we might see a reduction in the penalty. but perhaps the nfl might come to a compromise punishment with brady, one would hope that this situation does not extend indefinitely. >> right. well, football fans probably just want to see some consistency, but, of course, they do want to see brady take the field, so we'll all be watching. thank you, we really appreciate it. >> my pleasure. some football wants to see brady take the field. >> a lot of football fans. >> in new england. sand in 3-d you won't believe the things they're making out of it. we'll show you coming up next.

and less than ten minutes from now on "america's news headquarters" join me as we take a look at in the ongoing investigation in to mrs. clinton's e-mail server. and we'll speak live with james woolsly. and the images of desperation and agony on the faces of the refugees fleeing the middle east. we'll look at the situation there and look at a woman who is helping iraqi migrants. you're here to buy a car.

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artists from around the world are in san diego to compete in the annual u.s. sand sculpting competition. the canvas is the beach and their medium 300 tons of sand. each sculpture weighs ten tons and for the first time the contest includes a theme, the olympics. one artist decided to carve out a place for former o caitlyn jenner who won the gold in the decathlon in 1976. >> the muscle guy, you know, bruce jenner, you know, sport idol turned woman, you know, it just -- you know, extremes, you know, dealing with extremes. and i just wanted to try to capture that in my sculpture. >> as you can see the artist rendering shows caitlyn jenner arising from her former self bruce jenner and you can compare the two to the real thing. you can see it right there on your screen. i would like it if someone would

make a sand sculpture of me. >> after that story, keep it classy, san diego. thanks for joining us, that's all for us today. thank you so much. >> see ya. hello, everybody, i'm uma pemmaraju. hillary clinton offering up her version of an apology to the american people for exclusively using her private e-mail server when she was secretary of state. >> i am sorry that this has been confusing the people and has raised a lot of questions. but there are answers to all these questions, and i will continue to provide those answers. >> but is it enough to counter her downward slide in her approval rating as her former staffers begin to testify in congress about those controversial e-mails and the ill fated ben ghazi attack, can she weather the fallout and does it matter? plus, with a rise in attacks against police officers in the