follow the law. that is not her choice. but this was a severe remedy when there were other remedies available. >> you will talk about this on your show tonight? we will not. she is out and find a solution. >> we will stay right here. you stay here, too, for "happening now." fox news alert. obviously we'll have more on kim davis released from jail. right now, the dow soaring 300 points and taking your 401- k with it. >> what is behind the gains? congress back and ready for a fight. >> this will be a vote that is remembered. >> the iran nuke deal taking center stage and will law makers pen down a deal. >> a call with a severe threat. >> our cops are under attack.

and this is the next big snake. >> a killer on the loose in florida. >> a snake with enough venom to kill 20 people has all of the people on edge. it is all "happening now". >> we begin with the leading republican candidate for president visiting one of the bluest cities. we are waiting for ben carson to take the stage in san francisco. i am jenna lee. >> i am leland viter in for jon scott. donald trump plants himself in the top of the polls, brain surgeon ben carson is hanging with him. he is part of the surge of so- called outsiders, nonprofessional politicians that are making waves in the early days of the 2016 race at the expense of establishment

candidates. and what is dr. carson's a pole? >> we have claudia in san francisco where ben carson will speak. >> reporter: that's right, dr. ben carson riding a wave of momentum as he brings his soft spoken style the west coast. the pioneering neursurgeon is set to speak in the common wealth club in san francisco and will take questions after. dr. carson who is absent from the spotlight in the past week will talk about a flat tax and his opposition to the iran deal and why he is be the country's next president. the retired doctor came in the last month's gop debate unknown and climb negligent polls every since and carson is in third place in new hampshire and second place in iowa behind

front runner donald trump. voters are looking for something new but there may be a down side. >> being a neursurgeon you may not have had the experience running an organization and experience dealing with the press and dealing with going to the rough and tumble of politics. >> carson could be challenged on two of his views that conflict with the opinions of many here in the bay area. he opposes the supreme court decision on gay marriage and came out against sanctuary cities calling them ridiculous. and as the country is paying more attention to dr. carson, gen a we'll see if his rise in popularity continues. >> she is kicking us off in san francisco. dr. carson is holding the line against donald trump in iowa and new hampshire. other candidates are paying the

price. bush is down in the polls and scott walker is a different story, his numbers have plunged dramatically. and we'll have co-host of the weekly podcast the pollsters and rod is assistant to bush and cheney. and great to have you here today talking about the republican field. ron, i am curious about ben carson and his spokesman said they have a similar songbook to songbook but sing nothing a different key and will stay positive in the entiefr campaign. >> good afternoon, jenna, it is it a smart strategy. americans are saying politicians in washington are making promises and once they are made and they get elected, they will act an entirely different way. looking at donald trump and ben carson. carson is not criticizing his

opponents directly but talking about his vision for the future. as we head past labor day and voters are paying more attention to the candidates, carson will be a force to be reckoned with. >> marjorie, what is the campaign he described. >> over all, you look at polling and favorables of the candidates, carson is net favorable. there is a lot of candidates that are more favorable than unfavorable. and the down side is, a lot of republicans who are turning to outsiders and feeling alienated from their party. and pugh showed a record number of folks are unfavorable to both parties and that move came from republicans who are turning away from their party. and some candidates whether it is donald trump or carson consolidating the republicans

moving them father to the right and that is unclear if that will appeal to the swing voters. >> what do you think about that, ron? what about the independents who are the deciders in the election? you think that ben carson can sustain his popularity with the independents? >> i think he could. going to marge's point. it goes to the fact that a lot of people are looking for something different. they are not with the notion of career poll cisions just permanently in pour in washington. but at the same time once voters pay attention to the race, i think you will see my former boss john ka sich take hold. that is the kind republicans will come round.

>> and like scott walker not living up to expectations at least for right now. and ben carson sees an opportunity fund raise nothing san francisco. other candidates are going in a different direction. jeb bush will not go to san francisco. but will be be on sefen colbert show. and hillary clinton going on the ellen show and what pays off? >> there is not any one event that turns around a candidate. jeb bush has been net unfavorable for the whole year and going out and showing a lighter side of the candidate is a good sign and always positive. and doesn't mean it turns around failing fortunes. walker and bush, they need a positive moments, and snow ball to change the direction they are going. and also to take the oxygen away

from the two front runners who are getting a lot of attention. >> the new york times is talking about donald trump and that the republicans are increasingly concerned with his inflammatory language. and thinking it will damage the party. marjorie referred to this. and i am curious if you think it is a real issue of concern for the gop or drummed up by the media given that you see carson's success. is donald trump hurting the party especially for minorities. >> it is too early to say. polls indicate donald trump has 25 percent from the african-american community. but what i am concerned about the rhetoric that governor bush speak in en we are here in america and the notion that being bilingual is not

a good thing. his numbers for hispanics for a free fall. that is not what we believe and we believe in inclusiveness and it is hurting the party. >> interesting, ron agrees with that. and scott walker is trying to borrow a little bit of trump to get his numbers up; is that short- time move going to illicit long- term game. >> i don't know if it is a short- term gain. he has worst numbers of any republican candidate with the latinos and even republican voters, and even republicans support a pathway to citizenship with some requirements, and i don't believe in evered to win a republican primary, you must have the insyndiary extremist language that donald trump has.

and other candidates following suit, it damages the republican brand and strategist said they need the 40 percent vote of the latino ones. with that language, you can't. >> and bring us to ben carson. who he is taking a different path. >> thank you, jenna. >> there is a troubling round of findings in the hillary clinton scandal. a second review confirm she had top secret e-mails on her private server. the former secretary of state e-mails were classified when they were sent or received. the new review is telling a different story. catherine herrige has more. >> reporter: thank you, leland, fox news have been told that spy satellites did the review

because their intelience was involved. only the intelligence agency has the authority to classify it and in both e-mails the state department did not generate or classification authority. the spokeswoman known as inspector general, said over all class ifksz of the e-mails remains unchanged. they were class foyed when they were created and remain classified now it. this further erodes the claim of the clinton issue of. one contained information about north korea weapon's program. she was asked if it subburredonates said it is bad to do those. >> those questions and answers are affirmed by the state department and government

officials and eventually i will testify in public and i am sure it will be a long and gruelling time and all of the questions will be answered. it was not the best choice. >> reporter: fox news reported an e-mail from humma abedin kicked off the report. the against known as dia. a seasoned prosecutor believes there is criminal liability. >> you can have additional charges she is liable for because she violates or shares or keeps documents that are marked in an unsecure location and fashion. but simple possession on her server in an unsecured location in her house is an offense. >> reporter: the new review went back to the original intelligence documents and shows

no daylight between the watch dog and the agents that own the classification. the only part that is disputing, is the clinton team and the state department. >> so many e-mails to come out. thank you. >> reporter: you are welcome. >> we want to hear from you. with hillary clinton's controversy's not going away. will joe biden get in the race for president. go to fox news.com/"happening now". and we hope you join the conversation. a settlement reached over the death of freddie gray. there is a settlement with his family. the 25-year-old died in april after suffering a spinal injury. they face it criminal charge stemming from gray's death. the deal will have to be approved by the board over seeing the city's spending.

a fox news alert out of kentucky. the judge order order kim davis the clerk thrown in jail because she refused to marry same sex couples. she ordered released in jail. and the plaintiffs have been married and he ordered miss davis not to interfere with the deputy clerks issuing the license. you can see a live picture and supporters of kim davis and a lot of protestors against kim davis gathered in kentucky in the past week or so. we'll get a live report from shannon bream who covered this story after it began, after this break. - now that's smart nutrition. ensure's complete balanced nutrition has 26 vitamins and minerals and 9 grams of protein. ensure. take life in. wheall i can think abouthit, is getting relief. only nicorette mini has a

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angie's list is there... for all your projects - big and small. pretty! come see what the new angie's list can do for you. >> a fox news alert and a judge in kentucky issuing a court order for the judge who refused to issue marriage license be released. shannon bream is there and walk

us through what happened there? >> reporter: yeah, jenna, we thought it could have happen because of the order that came from the judge's chambers. he asked by 10:00 all named plaintiffs that were seeking license that were turned away. and let the court know if they got licenses. several of the deputies swore they would continue to issue license. and that order went out and the judge liked what he saw. he said basically i can say the plaintiff's petition to get marriage license and because of that, i will lift the contempt charges. and we don't know if she will get out. he ordered the marshals in this case to release her from custody. and he said she shall not interfere in any way directly or

indirectly with the deputy clerks to issue marriage license to all couples. and if he interferes, that will be a violation of the order. that could mean she would go right back n. and for now, the controversy is not live essentially because the plants got the marriage license. but if she goes back in the clerk's office and in any way interferes with the deputies that will issue the license, she could be right back in jail. we'll see how she and her legal team is playing this. in the meantime the judge is satisfied that all couples are getting the license and said that kim davis is out of jail. >> and keep her current job? >> yes. the only way to remove her from office. she did run and elected as a democrat is to impeach her.

they have made 0 moves. unless she is fired or quits or impeached for now she keeps that job. >> and that left us off. about whether or not there is a broader legal point to push and her actions will determine where this goes from. there >> there is a number of states that made accommodation. and taking names off. and her legal team is fighting to say kentucky could make her one here. the governor elected not to and call the legislature back in session. >> if she is released and where the story is going from here. thank you. >> there is a spike in the number of cases of the plague recently.

it is reported across several states here. we'll tell you about the reason for the recent upon jump and mixed reaction to a deadly king cob bra. i know what my reaction would be. why authorities are now scaling back the search for a snake carrying enough venom to kill 20 people. >> we don't know where the snake is. yes, we are concerned. >> it is not the only poisonous snake around. and i haven't seen any and i don't usually worry about them.

a scary update on "happening now". it is seven days since a king

cobran escaped from a home. florida fish and wild life commission said they are scaling back the search for the eight foot long snake and hope by doing so, the cobra will come out of hiding, possibly slithering to one of the traps that they said. and wild life officials say the venom in that cobran is strong enough to kill 20 people. let's hope they find it. >> and the doctor is in. health officials say there is 13 cases and three deaths over the past five months. these cases impacted the u.s. and most on the west coast and midwest. you can see georgia there. and dr., we hear headline plague. how dangerous is the plague.

>> i think you hear the word plague. your mind goes back to the black death where 50 million people died in europe because of that incumbent fekz. we now have antibiotics. >> this is more cases than normal, isn't it? >> normally in the u.s. it is three a year and transmission is basically by rodent bites and the fleas that feed on them. there is preventive measures to take using insect repellants and wearing long pants and people susceptible would be outdoor people. >> and those are our type of people. we like to see the families get out and enjoy the great outdoors. i know the camp site areas have been the areas.

>> insect repellant help. >> rodentould not be be prevented, but the fleas that cause it would. >> how do doctors know you got the plague? say it is blood transmitted and you would know if an animal bit you. but a mosquito bite? >> it is a lot of history. lyme disease and come back with a rash you may be at risk. plague you may have fefer and lym ph node enlargement. because of the title and odd, we wanted to cover it, also back to school time. siblings are the most common source of whopping cough in infants. and 36 percent of the infants

develop the infection from brothers and sisters. we have seen the outbreak happen when it comes to whooping cough. brothers and sisters are impacting the younger ones and their families. how does the family make sure it doesn't happen. >> the incidents of siblings increase because of waning immunity with the vaccination that are used doesn't have a long enough protective affect. it is good short term. and so that leaves people over the age of 11, susceptible to the infection. and the problem is, infants in the 50 few months of life don't have any protection. they have no functioning immune system that is going to protect them. you have someone who is infectious and semiinfectious or

with waning immunity and they pass on that to their brother or sister. and the way to get around that really, is suggested that everybody get booster shots and the older sibblings get booster shots and the mother in every pregnancy should have a booster of dtdap. that is the actual vaccination. >> so good to ask about p. that if you are a grand parent and haven't had a booster to check it off. >> thank you. great to have you. >> leland? >> coming up. a border crisis to tell you about. a crack down in crime. the venezuela sending thousands of columbia. >> and we are waiting for

information on a suspects of killing a police department. just as another one is dealing with threats of its own. >> we are no longer standing around with the police department. we'll shoot them down if they are seen by themselves. a fact. a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda.

>> a fox news alert. police in illinois provideing an

update on three suspects in a murder in fox lake, illinois of an officer. the lieutenant was shot and killed as he chased after the suspects. he was laid to rest yesterday. we'll update the now's conference and watch out for any news about the suspects that remain quite frankly a bit of a mystery. in illinois another police department is on edge. >> police departmentses in nevada and colorado are taking steps to protect their own, rolling out officers only in pairs and not allowing anyone to respond to calls by themselves. there is a 911 call that prompted a response. >> it's time to let you know, we are no longer playing around with the police departments.

we this will go from the sheriff's department. you guys are evicting innocent people. let us catch you by yourself and it's shots fired. >> that came in to a urora police department. while threats are expected. but rare to get shots fired at police. officers were shot at after being called to the scene. they will not say if the 911 call and incident are related. in las vegas this weekend, two officers were ambushed in a traffic life. one was hit and the other officer chased down the suspect and arrested him. the fraternal order of police is impacting recruitment. these types of incidents of affecting it in a way where

people shy away, people have a sense of duty and start to join you go and help out, jenna. >> thank you. rising tensions in the venezuela/columbia border. the venezuela president blames smugglers for the food shortages. hundreds of columbias are deported and arrested and thousands more are fleeing fearing retaliation against them. we highlight another crisis unfolding here in our hemisphere and the affects on u.s. national security. the writer for global voices joins us now. and break it down how thousands of colombias kicked out of venezuela has to do with the

remnants of hugo chavez madid youra the current president of the venezuela and the president of the united states. >> this is what i consider a smokescreen. i think the president maduro is blaming the venezuela woes to the colombia. in reality it is politics that stems from the chavez administration. venezuela overrelieded on oil prices and tried to sell oil at a very low price and now that the price of oil fluxated and plummeted 50 percent. and now they are trying to blame on the vulnerable population. and what we are seeing here, of the 40000 colombias targeted for deportation a thousand have fleaed.

ndesperate people do desperate things. maduro's faced with a cries. what could destabilize the important part of the world? >> another exscows he used is an assassination plot against him. there is no proof of that. he hasn't proved that. and the he didn't show up for a moting and have a conversation. >> there is a lot of the difference in the regional scope. we have oa s. and they decided not to take over the case. it is the union of south america nations they turned a blind eye on this difficult situation. and one thing i like to point

out. this can exac great what we see in colombia. the second largest number of displaced persons in the world after syria. not only the people in colombia borders but those who cross the border, they have nothing. they have waded in the river with very few belongings and children in arms. it is it people who are running and fleeing for their lives and another big fear that they would come north through mexico and in the united states. but the other question is what is russia and iran going to do about this? they are close to chavez regime and maduro's regime. would they get involved and change things? >> i can't say if russia or iran could intervene.

and argentine and brazil who have closer ties offered themselves to ease the problem. and of course, i am not ruling out russia and iran, they might have interest in dealing with the situation, i think they are trying to revamp the regional integration and bringing the biggest players like i said. argen tina and brazil who are left leading in the latin american context. >> it is hard to stop the mass refugee flights no matter what you do once they begin. appreciate your time and insight on this important story. >> thank you. breaking news out of illinois. police are providing an update on the hunt for three suspects in the shooting and murder of an officer in fox lake, illinois. we learned interesting information. the commander is talking about

working with the fbi, videotape, we've heard it referenced earlier today that there are individuals that they are looking for and yet to locate and speak with. now, we know that the police department did locate the three individuals that they were seeking to find, but they are not, those individuals part of the investigation. and so as of right now, we are waiting for more information on any other people that the department is looking for. the hunt for this police officer's killer continues today. we'll watch the new's conference and bring you the latest after the quick break. understands the life behind it. those who have served our nation. have earned the very best service in return.

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>> hi, everyone. i am gretchen carlson. kim davis about to walk out of the detention center. governor mike huckabee and

senator ted cruz are there. will she walk out with them? we'll go there live. and a mother called 911 and saying that her son is trying to kill her. >> and no bs bar-b-ques candidates. what if they spew bs? hillary clinton's campaign is putting pressure on attendees what some are called "loyalty pledges". they held a campaign commit to vote sparking accusations that voters were forceed to sign the pledges. clinton campaign said not true. we offer a chance for people to commit or vote but not a restriction to attend. and so the national political reporter is there and tweeted

out a picture of the loyalty pledge. was this overzealous volunteers or is the campaign walking back from what they were do? >> i don't think they are walking back what they did. but they are portraying it as something that was a vol teerl effort to get people to sign up or be be a part of the campaign and what happened was, i think it is like you described it overzealous volunteers and trying to get everyone in line to commit to volunteer for clinton or pass out signs, you know, contact friends to vote. and those kinds of things. typical campaign things. >> it had a form that had check boxes on. it one of the things was your reporting. i am a bernie sanders fan, quoting a young man named brian

miller and have nothing to do with 10:00. i am here for bill. he would liven things up. was it a fired up ready to go crowd or apathetic college students seeking free doughnuts. >> there was free doughnuts and it was a typical college crowd. last-minute put together event. and students from the campus were invited to go. and 10:00 in the morning and young people are up at 10:00. you found a lot of bernie sanders supporters in this event. and i think the connection problem with clinton and the attendees, she talked about events and people that happen before their time. typically the average student in college is 18- 22. and the events and issues she was talking about was things that happen when they were 12 years old. it is important to remember, history, but if you want people

to vote for you. you get them fired up about college affordability. >> that is relating on a younger level and the way you communicate with college folks is different than retired in new hampshire. you are in pittsburg. a key state for democrats to win. and i want to you play you a clip from where joe biden was there in the labor day rally. [applause] >> and there is the vice-president walking off of the chants to run joe run and he responded that he had to talk to his wife about that before giving an answer. and what i wonder if you, does there seem to be a groundswelling of support for joe biden run?

or is a lot of folks taken up between bernie sanders and hillary clinton? >> i think there is room for biden to jump in. these kinds of situations are not created in a vacouple. people are uneasy and becoming uncomfortable as the e-mail contrersy. clinton has a hard time connecting with voters, people of all sizes and shapes and age demographics and biden is holder than clinton, he is a master politician. i don't think there was not a hand that was not shook at the parade in pittsburg. if he's seriously considering it. it was a great event for him to do, because it shows him that people are interested in him. >> he certainly seemed to enjoy himself. and pittsburg tribune, and we'll

follow your reporting. thank you so much. >> thank you. >> a boy and his dog fall in a dried up well. and the race against time to save them both. a final good by. an army reservist being laid to rest after a family's fight for him to be buried in arlington national cemetery. you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.

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pentagon. hi, jennifer. >> reporter: in may we drew attention to the story about a member of the louisiana national guard whose father was denied his request to have his son buried at arlington national cemetery. he was 26 years old, from baton rouge, louisiana. he was the flight mechanic on board an army black hawk helicopter that crashed march 11th during a training exercise in the gulf of mexico during extreme weather conditions. all 11 service members were killed. the seven marines who were killed were given the honor of being buried at arlington, not fluorich who was not on active duty. they reversed the decision after his father appeared on fox & friends. >> the fact that the definition of active duty is used in this reminds me of low intensity conflict.

it may be low intensity unless you're in it. i think my son was very active an the aircraft. >> 40 minutes from now thomas florich will be buried with full military honors. >> thank you. all is well that ends well. a dramatic rescue of a 4-year-old boy and his dog who fell into an old water well. it took crews in mississippi three hours to pull the boy to safety. they used a rope tied up to make a seat. then they pulled the dog up next. authorities say the dog had been missing for a week. the boy apparently heard the dog bark down in the well. he followed the sound, ended up falling into the hole, which had overgrown with weeds. boy and dog are now reunited and all is well. >> a good end to the story.

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time for the final 30. zombies invading portland. hundreds in town for the city's film festival and with goals of a world record for the number of extras in a short film. look at what you could be doing instead of anchoring. >> perhaps someone is looking for a career change and a burrito. ch chipotle is holding national career day tomorrow looking to hire thousands of new employees. a labor day celebration makes a splash.

tulsa's great raft race. different than rat race which is what i was going to say. participants took to the arkansas river for the first time in 25 years. >> i like the vw bug. that was good. great couple of hours. thanks for joining us. "the real story" with gretchen starts right now. fox news alert. federal judge ordering kentucky clerk kim davis be released from jail. hi, i'm gretchen carlson. this is the real story. five days after the same judge ordered davis locked up for contempt of court over her refusal to issue same-sex marriage licenses. supporters are gathering outside the jail right now for the big rally that's supposed to happen. this comes with presidential candidates mike huckabee and senator ted cruz planning to meet with davis today. protesters have been turning out on both sides of the issue since davis was jailed last thursday. >> she is guilty of keeping the