>> that will do it for us this labor day. hope everybody has a great time. >> we certainly enjoyed working on this day for everyone at home. nice to be with you. >> great to be with you. "happening now" begins right now. bye-bye. >> a major shake-up in the race for the 2016 democratic presidential nomination. hello, everyone, i'm patti ann browne in for jenna lee. leland: i'm jon scott, leland vittert in for jon scott. happy labor day to you. senator bernie sanders surging ahead of democratic frontrunner hillary clinton latest poll out of the country ace first primary state, new hampshire. vermont lawmaker's momentum comes as clinton's campaign continues to struggle to answer questions about her private email server. vice president joe biden also has significant support from primary voters in the january knit state and he hasn't even

announced he is running yet. doug mckelway live in the washington newsroom with a break down of the latest numbers. hi, doug. >> reporter: hi, leland. this latest marist poll is say proof that the her campaign is faltering and handling of email scandal badly. lead ahead of bernie sanders is completely erased. the socialist senator leads her 41% to 32% in new hampshire. she still holds lead in iowa. sanders gaining ground there. 31% for clinton, 27% for sanders and 20% for biden. >> i always thought this would . i welcome that. this is contest of idea, of policies, how we present ourselves to the american people. >> reporter: one of the ways clinton is presents herself to the the american people resurrecting so-called war on women, citing among other things, some of donald trump's abrasive comment in recent

weeks. that is drawing return fire from gop candidate who is rising in stature. >> well, first of all, boo-hoo, mrs. clinton. mrs. clinton is the same person who compared republicans to terrorists for heaven's sakes? i actually wish mr. trump would throw a little more heat hillary clinton's way. i feel sometimes as though i'm only candidate who has consistently been critical of her. the truth is, mrs. clinton has lied as secretary of i state about benghazi, about her emails, about her server and so when she revives this war on women, make no mistake, she will, this is her go-to line. >> reporter: meanwhile one analyst suggested sanders is rising but his profile may be short-lived. >> i think bernie sanders will do well in states like new hampshire with very small states. any states with urban environments will get killed by hillary. if blacks and hispanics were

voting -- >> reporter: vice president joe biden who has not announced his candidacy, risen to 16% in new hampshire. a four-point jump from july. he is expected to decide whether to run sometime this month. leland? back to you. leland: we're all awaiting that decision. doug mckelway live in washington. thanks, doug. >> for more on the race for the democratic presidential nomination let's bring in our political panel. daniel halper, online editor of "weekly standard" and editor of clinton, inc., the rebuilding of political machine. with and we have the political editor of "the boston globe." you saw the numbers. sanders ahead of clinton by nine points in new hampshire. in july clinton was beating sanders by 10. in iowa clinton's lead over sanders has fallen from 20 four points in july to 11 points. biden has support of 20% of the iowa caucus-goers. he is 16% in new hampshire. hillary loses to jeb bush in both of these states.

shira, is her campaign in trouble? >> her campaign definitely had a rough summer. this is the not summer they hoped for or wanted. they had to deal with the email scandal. this will only get more trying in next couple months. in october you have the benghazi hearing. you have the first debate. more emails released by the state department if they're on schedule. it will only get more difficult for them. really only hope they have right now to continue through the primary is that maybe sanders falters, right? sanders has not been in the critical limelight completely. so his candidacy could take a turn. in which case clinton could probably rise ben. >> "new york times" says hillary calculated that she can afford to lose new hampshire and iowa. what do you make of the southern firewall theory. >> i think that is huge, a seismic shift in the campaign. a couple weeks ago hillary clinton campaign was putting millions of dollars in iowa and new hampshire trying to raise poll numbers. this new revelation, don't worry

about it they have a southern firewall and can win south carolina, florida, southern states that will prevent hillary clinton from losing this campaign, i think that shows she is on very bad footing. she is caught by surprise by this new, by these new swing of poles. and that you know, she has got huge problems ahead. that is from a sign of weakness that she is doing this, not from a place of strength. and you know, it is not, that you can't overcome it, but it would be very difficult from going here forward. >> shira, regarding this email scandal, she hasn't, finally stopped making jokes about it. instead saying it wasn't the best choice but she is still not apologizing. the final batch of emails will not be released until january so the story will linger. does she need to go further. >> she could to further. she has announced, excuse me, her campaign announced she will be doing more media interviews. i think many of these one-on-one exchanges. might see her go further and

express a little more contrition the way she handled emails at department of the state. truly at the time, she said it, she didn't think twice setting up email system becoming a massive headache for her campaign and presidential aspirations. >> dan, next month she will testify before the house select committee on benghazi and an msnbc article, aides hope republicans will attack her too hard and give her a chance to say this is partisan witch-hunt. many clinton supporters not familiar with the details, or benghazi and why isn't this story taken more seriously. >> clinton aides are thinking six months, republicans would go too far and overplay their hand an benefit hillary clinton that theory of the race has never come to fruition so far. i think behind the scenes they are taking it seriously. they are very scared about it.

i think this is way showing they're confident and candidate has done the right thing, has not done anything wrong. i don't think this is truthful them saying this the strategy and hope it is true. i think they're slightly petrified what might come b we've been warned about the emails from benghazi committee and whole slew of other scandals emerged. it is no longer just about benghazi and what she did or didn't do to prevent the terror attack in benghazi and cover-up later on, it has become a much, much larger issue and i don't think, i don't think she has any control over it. i think showing signs of contrition only show she had bad judgment. i think that is very problematic for her all the way around. >> shira, her campaign will try to shift gears. they say she will focus this month on women's issues. does carly fiorina complicate that strategy? >> not completely i think. carly fiorina is maybe going to make it, likely make it into the

debate so she will have another platform to talk about this. i don't think it complicates hillary's strategy too much. remember this is strategy that worked for hillary clinton in the past. she didn't emphasize her gender as much in her 2008 race. and this time around she is. where that worked for her was new hampshire. so, when she goes back, trying to regain the lead in the polls, ahead of the primary in new hampshire, working and appealing to female voters especially 40 plus female voters is good strategy for hillary clinton because it worked before. >> we'll have to leave it there. shira, daniel, thank you both for joining us on this labor day. >> happy labor day. >> thank you. leland: the humanitarian crisis in europe continues to get worse as tens of thousands of refugees try to escape war and terror in the middle east yet seemingly have nowhere to go. the european union is now discussing a quota among its 28 members but some countries including hungary and austria are critical of the plan as the

surge of migrants pushes them to their limits and obviously to violence in the streets. amy kellogg is live in london with the latest. hi, amy. >> reporter: hi, leland. well the problem is there isn't a europewide plan for dealing with all of this. leland, we are talking about ultimately hundreds of thousands of refugees, at least, who will need to be housed. now of course, one logical plan would be a quota system but hungary, which is sort of ground zero for the transit here, hungary's prime minister said that would simply be impossible to enforce. now in the meantime the reception these refugees get varies from count interest to country as well. here in austria, locals handed out food and clothing to the new arrivals. volunteer spirit has been intense which is not to say there is also not plenty of anti-immigrant on the continent, asking why the richer gulf arab states are not taking some of these people in and how europe

will absorb new arrivals. refugees are bound particularly to northern europe specifically germany. when hungary tried to put some of them in camps they refused and started walking to austria on a highway before being rescued by buses sent by austria and germany. still far from smooth movement. bottleneckses on route from syria to turkey and macedonia, serbia, hungary and northward. scuffles break out along the way as migrants try to make their way as quickly as possible. thousands arrive in greece every day. 230,000 so far with many stranded on its various islands. ferries picked up some of them today. finally, leland, britain and france saying they're prepared to take about 20,000 each over a period of years. so, that is more but still a drop in the bucket. britain is saying, it doesn't want to take the migrants who are already on the continent.

it wants to carefully select them from some refugee camps onrd boor, saying this, because it doesn't want to encourage people to make these voyages, very dangerous voyages syria via sea. germany is expecting up to 800,000 migrants. prepared to house all of those. while its generosity is applauded, some people are saying that is encouraging people to make a very perilous journey which they're still doing with or without life vests. leland. leland: risking life and him because they don't have a better option back at home. amy kellogg in london. thanks. coming up later in the show we'll take a closer look at germany refugee crisis with former staffer on national security council. why she says terror groups are trying to use chaos to make further inroads in europe. patti ann? >> new concerns about north korea expanding its nuclear capabilities. the u.n. says satellite images from the country's nuclear site

show north korea is attempting to grow its program. that is just one of the topics on the table at the u.n.'s atomic energy agency today which opened in vienna. iran is the main focus of the talks as deadline approaches for a decision on that country's nuclear deal. leland: tiny middle east country of qatar is sending 1000 ground troops to fight rebel forces in yemen. it is the first time qatar troops have been deployed to battle houthi rebels backed by iran. qatar is part of a saudi-led coalition backing yemen's exiled president. troops arrived in one of the cities where 60 coalition troops were killed in a rebel attack last week. >> back here at home, early morning shootout leave as veteran police officer shot. we'll have an update on his condition. the illinois officer gunned down while on patrol is being laid to rest today. we'll tell you the latest on the search for his killers.

a cheetah escapes from its enclosure in a zoo while people are visiting. we'll tell you how workers handled that situation coming up.

uthis isn't the mostne efficient way for people -or air to travel. awww! ducts produce uneven temperatures and energy loss. mitsubishi electric systems offer a better way with no new ductwork.... and lower energy bills. so everyone gets exactly what they want!

mitsubishi electric cooling and heating. make comfort personal. patti ann: right now, some crime stories we're following. two men facing attempted murder and burglary charges, following an early morning shootout in las vegas that left a veteran police officer wounded. police say that officer is out of surgery and stable after being shot in the upper leg. four people in the hospital after a vehicle hit them in a crosswalk near the university of arizona campus. the driver left the scene but later turned himself in. a key suspect in last month's deadly bangkok bombing transferred to police custody following a week of military interrogation. the suspect told police and the media he is guilty of the illegal explosives charge against him. it is not clear if the apparent confession will carry legal weight in court. leland: it is a sad day in northern illinois as family and

friends gather for a big final farewell to a police officer killed last week on patrol. services being held in antioch, illinois, for 52-year-old lieutenant joe testify gliniewicz as they mourn, his fellow officers are search. we are live with the latest on search for the killers and the funeral. >> reporter: leland, today ace funeral is open wound for the community, as thousands of people pour in here the police officer's murders are on the loose. officers are being tight-lipped exactly what they know. they told us they have two crucial pieces of evidence, one being something found near the field near the original crime scene but they have not said what that item is. they say they're piecing together surveillance video from homes and traffic cameras. they're hoping videos depict the three suspects on the run and give them an a timeline for events. officers are working endlessly

around the clock. listen as they say what motivated them to keep going. >> i'm the oldest member about this task force. i'm almost 60. what's energizing me as well as the guys half my age who could be my kids, is the fact that we have a murdered colleague. three hours of sleep is enough for me. >> reporter: now, leland, to give you a picture of the size of these events, behind me a flag, 75 feet in the air. that is the entrance to today's funeral. there are up to a dozen other fire crews and police officers manning the streets as police officers mourn here. behind me, dozens of police cars in the middle of streets, all parked and lined up to pay a final tribute. down to the left is the entrance to the high school which seats 425, but 5,000 people expected today. leland? leland: unbelievable crowd to say good-bye to a hero. matt finn in a antioch.

thanks so much, matt. this is sad weekend. we had funerals for darren goforth, texas deputy gunned down in cold blood. we have funeral today in antioch, illinois. one big question as violence against police continue where is president obama in this? we heard from a police union in boston boycotting his labor day speech because he is contributing to the problem of anti-cop rhetoric in america. our media panel will break that down a little bit later in the show. patti ann? patti ann: leland, the trial is about to begin for a man accused murdering his second wife on their wedding anniversary by pushing her off a cliff. we'll tell you evidence that prosecutors plan to use to prove his guilt and why they reopened the investigation into the death of his first wife. also tragedy at sea. son of a former nfl team president killed during a boating accident. another person still missing. we'll have latest in that investigation.

leland: fox news alert. as you look live to boston where president obama is speaking at a labor day event. we don't expect him to make any news per se at this event although today he did sign an executive order giving 300,000 additional workers paid sick leave, something he will be talking about no doubt. there is one very key union boycotting his speech. that is the police union there in boston saying that they do not like the president's issues and his stances as he relates to "black lives matter" protests and what they call the war on cops in america. we'll have more on that. obviously monitoring the president's speech as well. as it continues, streaming live on foxnews.com. patti ann: right now, tragedy for a one-time nfl team executive. former san francisco 49ers president peter harris, confirming his son, michael, was

killed when the boat he was in collided with another boat near southern california's catalina island. the coast guard says three other people were hurt in the crash, another is still missing. leland: opening statements begin tomorrow in the murder trial of a man accused of pushing his wife off a cliff. tony henthorn fell to her death in september of 2012 during a scenic hike in colorado's rocky mountain national park. her husband harold told police it was an accident. investigators say he couldn't explain why a park map with an company. marking spot where she fell. federal prosecutors argue he murdered her to collect four 1/2 million dollars in life insurance money. let's bring in our legal panel, nicole beborg, former prosecutor. jay app former defense attorney. it looks like a tragic accident until you will realize the man's

first wife died in tragic accident. somehow a car rolled off jack changing a flat tire and she died in rural colorado as well. is this a point where prosecutors put one plus one, now equals two and equals murder? >> that is exactly right. what the prosecution is basing prosecution on, the doctrine of chances. what that means, one time when you have an accident, it is a terrible tragedy. you have two, and it becomes improbable. this is based on an ol' case where guy had three wives ultimately drowned in bathtub. since that time the prosecution has been allowed to bring in evidence of additional crimes which are very similar to prove that the accident that they're using as a defense is actually very improbable. that's what we have here. leland: jay, how do you bridge the gap here from the issue of, all right, it is improbable that this might have happened and perhaps you wouldn't want your sister to marry this guy, but on the other hand, you don't

necessarily have beyond a reasonable doubt? >> that is an excellent point. so improbable is not the standard that we convict people in this country. it is beyond a reasonable doubt. and i have read the autopsy report and medical examiner's report in this case. and it shows that the medical examiner could not conclude as to what the cause of death was. he could not establish this is a homicide. there is no forensic evidence to suggest it was a murder. there are no witnesses. and only thing the prosecution has is, sort of vague circumstantial evidence. there is an x on a map. his prior wife also died and there is a lot of life insurance. that's it. that is not enough. that is circumstantial evidence. we don't convict people in this country of crimes unless we can prove beyond a reasonable doubt that they committed that murder. i don't think the prosecution has it here. i have traded a lot of murder cases with a lot more evidence still gotten acquittal. i don't think they will be able to do it. leland: nicole, does jay have a point here? there may be a lot of smoke but not necessarily any fire so far?

>> the thing about it is, if a fellow will commit a murder they choose a location where they're going to do it, and not typically in front of a whole bunch of witnesses. you can actually go forward on a case where there is no witness and use circumstances or circumstantial evidence to prove your case the while it may be a tough case for the prosecution, but certainly very risky situation for the defense and prosecution decided to go forward based on doctrine of chances. leland: jay, is there a chance that the prosecutors, who obviously aren't in favor of losing cases, federal prosecutors, in particular not really that fond ever taking something to court they can't get conviction on, is there something they know that perhaps we don't about this case? is this guy so incredibly unsim threattic they think they will get the jury to convict him simply on that? >> it is possible that they have something they expect to spring on impeachment. the way the law works under brady versus maryland prosecutors have to turn all evidence over prior to trial

that is essentially exculpatory and most of the evidence that is incrime thatter to. they probably have a pretty good picture what the prosecutors have in their box in terms of tools to prosecute this guy and i just don't seat conviction happening. there is not enough of a pieces in puzzle where you get beyond a beyond a reasonable doubt. we're not dealing with evidence more likely than that. we're dealing with a beyond a reasonable doubt which is a very high standard for the state to try to meet its burden. they can bring the charges. i don't see them winning the case. leland: to that end, nicole, can prosecutors bring in family members and those kinds of things to say, hey, does this make sense? what was their relationship like? were they having marital problems or is that stuff all off the table? >> it is certainly possible they can bring that kind of evidence in. certainly they can bring in witnesses to talk about his reputation for being a truth-teller or not a truth-teller. i'll tell you, they lost quite a few jurors in jurors selection process because those jurors already made up their mind based

on highly inflammatory nature of two accident scenarios. the defense may have a problem here. leland: we will see if they do. opening statements begin tomorrow. a case we're going to follow and look to your expertise to help us break down. nicole, jay, appreciate your insights today. >> thank you, leland. >> thank you. leland: all the best guys. patti ann: a police union in boston is boycotting the president's visit today over what it calls for his lack of support for law enforcement, this agrowing controversy of his silence after a string of rise police killings. our media panel weighs in. a new twist in the case of the kentucky county clerk jailed for refusing to issue marriage licenses after the supreme court same sex ruling. will the latest move help get her out of from behind bars? new developments in the case of a dentist gunned down in a parking garage. why police may be closer to nanning her killer. -- nabbing.

what super poligrip does for me is it keeps the food out. before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now.

e #1) when returning home from deployment, you know, you have money saved up, so you're looking for that car to drive around in. and usaa actually makes that process so much easier. you can find the car and you can find it to your liking by using their app. i'm definitely able to see savings, uh, through using the car buying on usaa. i mean, amazing savings. i was like, wow, if i could save this much, then i could actually maybe upgrade a little bit. (announcer) usaa car buying service powered by truecar. save money, zero hassle.

leland: right now a quick look at what's still to come this hour of "happening now." new developments in the murder of a texas dentist who police have arrested and what they have found out. plus, thousands of refugees now pouring into europe fearing for their lives. how one country is now stepping up to help combat the crisis and give these folks a new home. and a big cat's out of the bag or perhaps out of his cage at one zoo. we're going to tell you how

workers handled the chaos on cheetah bridge. ♪ ♪ patti ann: new court action in the be case of the kentucky county clerk now behind bars for refusing to issue any marriage licenses after the supreme court legalized same-sex marriage in june. kim davis cited her religious objections to gay marriage, and now she's asking an appeals court to reverse the judge's ruling that put her in jail. christian fisher is following this story, she joins us live from washington. hi, kristin. >> reporter: hey, patti ann. these two sides are really at an impasse. this clerk is refusing to resign, she's willing to stay in jail for as long as it takes, but the judge is afraid to let her out because she said she would try to stop her deputies from issuing these marriage licenses. they started handing them out on friday, they're expected to continue tomorrow all while kim davis stays behind bars. yesterday her attorneys officially filed an appeal. they say she shouldn't be in jail simply for following her

religious beliefs, and republican presidential candidate mike huckabee agrees. tomorrow he's planning to visit kim davis in jail and hold a freedom rally for her right outside. >> the purpose of it is to show support for kim and also to let the world know that it is unacceptable to put a person in jail without bail because she followed her conscience. >> huckabee calls in the criminalization of christianity, but many of his rivals say regardless of where they stand on same-sex marriage, the law is the law, and all elected officials are forced to follow it or face consequences. here's ohio governor john kasich. >> i don't like the fact she's sitting in a jail, that's absurd as well, but i think she should follow the law. >> davis' attorneys think they have a simple solution; take kim davis' name and title off all marriage licenses that her office issues so she doesn't have to be personally associated with same-sex marriage. but her opponents say, look, if she doesn't want to be seen as

following the laws of the land, she should simply resign. patti ann: thank you so much, reporting live from washington. leland: right now president obama is speaking at a labor day event this boston. he has just issued an executive order requiring federal contractors to offer their employees up to seven days of paid sick leave a year as he continues to speak, obviously, we're going to monitor this speech and see if he makes any more news there as he gives this talk in boston, about 11:36 eastern time. meanwhile, a police union in boston is boycotting saying its members are enraged about the president's lack of support for law enforcement citing his silence after recent police officer shootings and death. yesterday on fox news sunday one major city police chief weighed in. >> i think the president is missing an historic opportunity and which is to bridge the gap between the two parallel conversations going on right now. leland: joining us now, alan

colmes, host of the alan colmes show, and tammy bruce, radio talk show host and a fox news contributor. déjà vu all over again. one week later than when we talked about this topic, and we still haven't heard anything from the president. >> i don't know if he doesn't dance to somebody else's tune, and if he doesn't say the right thing about x, he's a terrible guy. he passed and signed a few months ago a blue alert law hutch like an amber alert that tracks those who go after police and hurt police and tries to -- leland: so -- >> he's been good to police and doesn't get credit for it. leland: if if he's been so good to police, why are they so upset with him? >> he's talked about the courage of police officers speaking at a memorial for peace officers a couple months ago, he talked about courage -- i don't think he gets credit. leland: is that enough, tammy? >> well, look, i don't think it's a good legacy when you can claim you set up a new amber

alert for law enforcement in this country because they're under the attack. any more than europe can take kudos for allowing a refugees in because of the western world's abandonment of the middle east. so let's think about the nature of what these things say. ultimately, people notice obama says nothing because he does speak about the police when he's attacking them. and remember with boston, boston's boycotting today, and that was one of the first indicators of obama's attitude about the police with the cambridge situation that the police acted stupidly. even then many of his supporters said he doesn't, mr. obama doesn't understand the position he's in. he's the president. why is he speaking about local police matters? well, that's become a hallmark of this man. and the hallmark is in not praising, not supporting, but creating even more of a remarkable division where we've now had nine officers dead within the last couple of weeks. i'm not quite sure if that doesn't require a statement from the president. leland: and to look back on history, he spoke about trayvon

martin, he spoke about michael brown and darren wilson in ferguson, he spoke about baltimore. he only issued a written statement when who new york city police officers were gunned down. >> and in the context of police -- >> once again you give the back of the hand to anything he's done positive for police, and on labor day when he's saying the right things and honoring labor, he's talked about a higher minimum wage, health care, sick leave, we should be honoring -- leland: but you have all these police shootings that have gone on -- >> i understand that. leland: what is more important, presidential leadership on minimum wage or on that? >> i'm not saying he's not -- >> i think it's ridiculous to suggest that somebody should get credit for having to set up a support network to keep cops -- >> no. but he shouldn't get blamed every time you open your mouth because you don't like the president. >> it's not because we don't like the president, it's because he's doing very specific things. now, this is the other absurd thing to today.

he's speaking about higher minimum wage and about paid leave. you've got to have a job for that to matter. and since obama's taken over seven million more american women have dropped out of the work force. we are over 94 million americans who have dropped out of the work force. this is a jobless, so-called, recovery -- >> that's ridiculous. >> -- and he's prancing over to boston. [laughter] to talk about this paid leave. if you get sick, well, people have had over a thousand days of unpaid leave -- >> you're forgetting -- >> -- because this man has abandoned the american worker. >> oh, ridiculous. and -- >> and the democrats have as well. [inaudible conversations] leland: i'm going to let you respond. i'm going to ask you a question before i do though. >> sure. leland: rhetoric aside, does tammy have a point in the sense that the way the obama administration has treated unions and union labor has not necessarily always gotten the highest accolades? >> let's talk about how scott walker has treated --

>> he doesn't want to answer that question, does he? >> the things you mentioned which includes higher minimum wage, sick leave -- >> you've got to have a job. >> but to respond to what you said about jobs is ridiculous. we're adding 200,000 jobs a month, the unemployment rate is 5.1 -- leland: the unemployment rate is low, but the participation rate -- >> wait a second. there's another side of that story, because people are aging out, people are getting older, baby boomers are not working anymore. >> the official number, leland, of over 94 million americans who want a job, who have stopped looking. they did not retire. highest in the last 40 years. seven million more american women out of the job who want -- out of the workplace who want jobs who have given up. that is not fantasy -- >> that's not because they've given up. many people who are not in the workplace have aged out -- leland: we will continue to monitor, see if there's anything about that, anything about police officers there in boston or around the country.

thanks, guys. >> thank you. patti ann: leland, the chaos created by isis in the mideast has hundreds of thousands of refugees trying to escape terror. european countries are now trying to figure out how to handle this massive surge. is isis using this crisis to infiltrate western nations including ours? also dangerous waves and rip currents hitting popular beaches along the coast. we'll tell you what you need to know to stay safe. >> it's a lot stronger than what you think. you can touch bottom and after a certain wave will come, there's nothing underneath you, and you don't know how strong it is until that happens. ♪ we all feel the calling to build something great.

♪

if an electric toothbrush was going to clean better than a manual. he said sure... but don't get just any one. get one inspired by dentists. with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque, and rotates to sweep it away. and oral-b delivers a clinically proven superior clean vs. sonicare diamond clean. my mouth feels super clean. oral-b. know you're getting a superior clean. i'm never going back to a manual brush.

♪ ♪ leland: on this labor day weekend, swimmers are being warned to take caution as strong rip currents continue along the california coast. a high surf advisory remains in effect throughout tomorrow night for huntington beach, irvine and san diego. waves and surf are expected to

range between 3-7 feet. one beach was closed even through the holiday weekend due to the dangerous conditions. swimmers are being warned if you do go into the water, stay near lifeguard towers, and if you are caught in a rip current, swim parallel to the shore until you can get out. patti ann: right now as europe wrestles with a massive migrant crisis, several countries are stepping up to take a bigger role. france's president is sending spotter planes to patrol over syria to help fight isis. his country is also the latest to pledge to take in refugees trying to escape the terror group's violence. the european union is still trying to get more members of its 28-country bloc to take in refugees. joining us now, former white house security council staff gillian turner. thank you for joining us. >> thank you. patti ann: you say isis is taking advantage of this chaos? >> yeah, of course isis and any other terrorist organization is

going to try to take advantage of the chaos. they're going to try and make inroads across europe and in any nations that are harboring syrian refugees. we learned the hard way over the past decade that terrorism really flourishes anywhere where there's instability, anywhere where there's war whether it's central asia, the middle east or africa. patti ann: yeah. these countries are trying to help out here. french president hollande says his company will take in 24,000 refugees, britain's prime minister david cameron says he'll take more than 10,000. heartbreaking photos we saw last year, and german's chancellor angela merkel telling reporters germany is going to insure that those who need protection have it, but she also says those who have no chance of getting asylum will have to return to their own homes swiftly. it's a humanitarian crisis, clearly, but also a bureaucratic nightmare, sorting out who has a

legitimate claim? >> yeah. i mean, the war in syria has been raging for five years now, but somehow it seems this problem is has really snuck up on the europeans. and a word of caution i would offer here is to us americans, this may look today like this is a european problem. but tomorrow it's going to be ours. you know, this civil war has created an estimated four million refugees and idps, and that number's only going to grow. patti ann: so what can the u.s. do? >> the federal government needs to come up with a really robust program here to help alleviate the humanitarian crisis. i think that americans in general are a very empathetic people. we want to reach out to help the sir grabs finish syrians. we're moved by the turmoil and the horror that they're going through, but we want to protect national security imperatives. we need to balance both. and this is something the government does all the time. there's no reason we have to

choose here. we need to come up with really good vetting and security procedures for syrians and other middle easterns that want to come to the united states. patti ann: yeah. the european union trying to find that balance too. germany announcing that it is going to allow these syrian refugees to stay in the country regardless of where they first entered the european union. well, that's against the rule. the e.u. has a rule that you have to seek asylum only in the country that you first entered. some countries now saying that these e.u. rules about asylum are becoming unenforceable? >> well, that is an argument that's going around, and there's very real security concerns. but those concerns aren't specific to these refugees because they're middle eastern or because they're syrian, it was because of the volume of people that the syrian civil war has created. i mean, the european system has been completely overwhelmed by the numbers here. and that's why we're seeing countries like germany and the u.k. make exceptions to try and embrace some of these people and

their families, because the numbers are simply unprecedented. patti ann: yeah. we're also seeing other countries like hungary backing off and saying we can't handle any more, and we're overwhelmed. >> and austria. patti ann: yeah. some of them going the opposite direction at this point. gillian turner, thank you so much for joining us. >> thanks for having me. leland: a sad and shocking story coming up. a dentist gunned down in her high-rise parking garage. now police have made an arrest, but they say they are still looking for more suspects in the killing of that dentist. plus, chief thats are, of course -- cheetahs are, of course, the fastest animals in the land, but one was not quick enough to make an escape from its handlers. how they avoided a potential crisis coming up. so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms.

tablets. keep it all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberry apple scones smell about done. ahh, you're good. i like to bake. add new business services with at&t and get up to $500 in total savings. yyou think it smells fine, butur your guests smell this... febreze fabric refresher eliminates all the odors you've gone noseblind to break out the febreze and breathe happy. you, my friend, recognize when a trend has reached critical mass. that's what a type e* does. with e*trade's investing insights center, you can spot trends before they become trendy.

leland: we have some new information on a story we first told you about on "happening now." a dallas woman is now in police custody wanting in connection of the murder of this woman, texas dentist kendra hatcher. but police say the person they have in custody is one part of the puzzle. they are still looking for other suspects. brian is following the story from our new york city newsroom. >> hi, leland. the dallas police department making an arrest in this murder case thanks to a big tip from a man who happened to be watching the local news and noticed his jeep on tv. police say the man let a woman borrow his 1996 jeep cherokee. that woman then let her friend, 23-year-old crystal cortez, use the vehicle. but to their surprise, saw surveillance photos of the jeep during a news report on the murder of pediatric dentist kendra hatcher. they then called police identifying cortez as the driver.

cortez voluntarily turned herself in and confessed. she's being charged with the capital murder of 35-year-old hatcher who was gunned down in the parking garage of her dallas upscale apartment wednesday night. cortez admitting an unknown gunman aid her $500 to drive her to the parking garage to rob hatcher. the man got out of the jeep, shot hatcher and stole some of her belongings while hatcher lay dead on the floor. the gunman is still on the loose, and cortez says the mote i was robbery. the victim's family, though, believes her murder was not random. listen to hatcher's aunt. >> i don't believe this was a robbery. robbers don't walk up and shoot somebody first and then grab their stuff. it's just not the way robberies happen. >> cortez used to be a dental assistant, but there is no indication yet if she knew hatcher. questions left now as the

hatcher family really describes mourning the loss of someone they describe as a bright young woman who had a passion for taking care of children. leland: a life cut way too short. tragic. brian, thanks so much. >> no problem. patti ann: well, a big cat gets out of its cage and puts a zoo on lockdown. all now though. officials at the indianapolis zoo say the cheetah was found and tranquilized about an hour after making its escape. it never left the zoo, and no guests or animals were hurt, but the zoo is investigating how it got loose. leland: maybe they could just ask the cheetah. [laughter] mexico has a new world record, how it became the latin american country with the most guinness world records and how its latest stunt involved the country's national drink. ♪ ♪

patti ann: before we go, in mexico 251 so-called hemodoers have set a new world record, largest gathering of aghei say harvests in one place. used to make tequila. leland: outnumbered, take it away. many. ♪ >> this is outnumbered. i'm andrea tantaros, and here with us today sandra smith, host of kennedy on fox business' kennedy, cohost of "fox & friends" first, ainsley earhart, and the ceo of concerned veterans of america, mr. pete hegseth, and you're outnumbered, pete. >> thank you for having me. >> my least favorite day of the year because it means summer's over, and i can't wear white. >> you're wearing white. fittingly. i mean -- >> yes. >> parting with summer is such sweet sorrow, but it does mean football season -- >> yes, it does! go bruins. >> i'm a minnesota vikings fan.