it is a new warmth between the host. looks like he did well. good luck, steven. >> see you back here tomorrow. bye, everyone. a new fallout and reaction after hillary clinton says she is sorry about the e-mail controversy. hello, everybody. i am jenna lee. >> and i am eric sean in for jon scott. after months of trying to minimize the scandal of the e-mail server, ms. clinton is changing course amid the sinking poll numbers. the democratic presidential candidate is now apologizing. >> i should have used two accounts. one for personal. one for work-related e-mails. that was a mistake.

i am sorry about that. i take responsibility. i am trying to be as transparent as i can to release 55,000 pages of e-mail and turning over the server and looking forward to testifying finally before congress. >> and we have republican strategist and richard fowler a democratic talk show host. richard, why the apology this week? >> i think hillary clinton is trying to reset the campaign as we get back to school and focus on what the election is about. she wants to talk about leveling the field for the working class, fixic com pain finance reform, putting rules to wall street. this apologies was a good way to do it.

there were apologies and tears. everybody makes a mistake and everyone has to accept it. >> the tears in the interview were about her mother and not the e-mail controversy. just in case there is confusion on that. lisa, some believe this was a sincere and well-timed apology. did you believe it was affective? >> not at all. she is trying to reset the campaign over and over but she is unable. she is apologetic because she got caught and she is facing a federal criminal investigation. she continues to lie to the american people. we know the server contained top secret information about things like north korea's nuclear weapons. she should have setup the private server. she paid a staffer on the side who is pleading the fifth and deleted thousands of e-mails and

wiped the server clean. >> to lisa's point we have seen hillary clinton answer questions about the e-mail server by at times throwing up her hands and making jokes. i am curious whether or not that behavior can be replaced or erased if she continues to apologize for the server and private e-mail. >> lisa is trying to create a storyline that the lead to hillary clinton's demise. she has complied with every federal law. collin powell talked earlier about members of congress having their own server.

republicans spent a lot of time focusing on the e-mail and the benghazi e-mails and burring it all together. butt when you look at the polling numbers, hillary clinton is doing well amongst a lot of gop contenders and among her base. >> let me ask you about that -- >> when you see the real policy and look past iowa and new hampshire where the polling slipped. south carolina she is away. and way ahead in the polls nationally. so a sincere apology and appearance on ellen. is that enough to keep that lead tee has and leave this behind her? >> she is not going stto leave behind. there is ongoing congressional information and continue to be new information services. "the new york times" is creating this and the associated press and every national news outlet

is created the headlines and reporting about the e-mails. the number one word associated with hillary clinton is liar. the majority of americans don't trust her and her unfavorable is the highest it has been. >> that is not true. >> richard, let me finish. the most recent national polls are the worst showing she faced to today. she lost 23 points in iowa. >> lisa, a long list again. is it too late at this point? the investigation is continuing by the fbi into the server, she is continuing to release e-mails, she is trying to be transparent. is that not enough? is that too late? >> i think it is more than enough. i question the republicans about spiking the football. if they want to spend their

entire campaign focused on hillary clinton it will be dismal for them. her trust numbers are lower but that poll polled republicans so they would never vote for hillary clinton anyway. >> how do republicans handle this, lisa? obviously the hillary clinton campaign is trying to do something here, whether or not it is effective there will be debate likely on this program about that, but what do you think is the appropriate management from the republican party to benefit if there is a benefit to be had here? >> republicans are talking about the jobs and the economy every day they hit had campaign trial but hillary clinton's e-mails should be a focus of the public dialogue because she is returning to be president of the united states and can't be

trusted and she is not responsible enough after putting our national security at risk by e-mailing about things like north korea on an unsafe server. >> some are suggesting the poll numbers are the reason why she came out the apology when she did. we will see if it is an effective use of her time. >> hillary clinton is also defending the iranian nuclear deal today. this as the house foreign affairs committee is holding a hearing on the agreement. military leaders going before lawmakers to testify about the deal. this morning in the speech to the brookings institute ms. clinton said she will impose violations on iran and violating the deal and made it clear the deal is in the interest of the united states to prevent iran from building a nuclear bomb

>> is it perfect? of course not, no agreement like this every is. but is it a strong agreement? yes, it is. and we absolutely should not turn it down. the merits of the deal have been well argued so i will not go through them in great detail here but the bottom line is it accomplishes a major goal we set out to achieve: it blocks every pathway for iran to get a bomb >> critics will have their voices heard with the stop the iran deal rally coming up in capitol hill happening during the next hour of "happening now." donald trump and ted cruz are set to address the race. >> some viewers are asking why we are not showing the footage and that is because it hasn't begun. speaking of the gop race for the

white house, jeb bush is gearing up to unveil his tax plan in a little less than two hours. blake is live with what we may see. >> reporter: jeb bush gave a little preview this morning calling for across the board tax cuts and what would amount to a complete overhaul of the tax code making it leaner, simpler and fairer. only three income tax brackets instead of seven and the top earners see their rate at 28% and doubling the standard deduction and expanding the earned income credit and ending the death tax. and for corporations he wants to bring rates down below 20% and allow a one-time repateration of the trillions currently stashed overseas and companies would be

able to immediately deduct investments but the wall street managers will not be lapy because he want to end the loop holes. bush touted the plan on fox and friends earlier. >> with this tax plan in 2017 when implemented it would create an explosion of investment. >> the dnc slammed it as more quote trickle down bush economics. bush is likely to argue the cost is offset with the expansion of the economy to 4% growth. since the recession the economy has been growing at a moderate 2% race. >> we will watch for the plan. blake, thank you. jenna, police are looking

into a potential love triangle in the shooting death of a texas dentist. kendra hatcher was murdered in the garage of her apartment building in dallas. police are questions the ex-girlfriend of a man kendra was dating and searching her apartment. >> reporter: according to search warrants, dallas police now investigating reports that the victim here was allegedly being tracked by her boyfriend's ex-girlfriend leading up to the night of the murder. it goes on to show the ex-girlfriend may have used the victim's i-phone to track her movements. hatcher was gunned down after someone followed her past the security gate. she died at the scene.

investigators have not named the ex who was alleged tracking the victim. crystal cortez is in custody for capital murder and cops say she was seen on the video at the scene of the crime. authorities say the woman is believed to have driven an unidentified gunman to rob hatcher as she got home from work. this is an image from the get away car from the surveillance video. it is likely a second woman, the ex, could be charges. the boyfriend is not in jail and hasn't been named as a person of interest. >> we will look at this investigation and the possible love triangle with the legal panel in about 30 minutes opon "happening now"ment prosecutors in colorado

revealing images of inside the apartment of james holmes. and the head of the european union taking a stand in the growing migrant crisis and what is he is asking member states to do about the humanitarian crisis. we want to hear from you as well. will hillary clinton's apology put the e-mail controversy to rest? our live chat is up and running so join us.

right now here is crime stories we are following. prosecutors in colorado releasing never-before-seen video from the bomb squad robot of movie theater shooter james holmes' apartment revealing booby traps and explosives in his apartment. homes received more than 12 life sentences for that horrible

shooting last month. police in kansas, missouri investigating a triple homicide there. a 16-year-old boy came home to find his sister, her boyfriend, and infant all shot to death. no word on a suspect. and a jury is recommending the death penalty who shot and killed three people at the jewish center after being convicted of capital murder. the eu president is calling on all 28 member states to accept 160,000 migrants by next week and asking leaders not to remain indifferent in the face of the toughest challenge in years. >> we are learning about another bottleneck on the continent. trains are stopping in den mark because there is another rush

toward sweden which is another magnet country because of the generous policy toward the migrants and its social welfare system. the reception has been mixed in germany, another country taking tens of thousands. they had guides to social services in arabic and how to live but there is a backlash streaming across europe. in hungary today a camera woman there was seen kicking and tripping a refuge carrying a child. she was fired from the job at an internet tv station coming after the controversy over the refuge treatment there in that country. france took their first 1,000

asylum-seekers agreeing to take 24,000. greece, italy and hungary seem to be the area where they cope the most. the european commission president had harsh words today: >> the europe i want to think is illustrated by those who are helping. the europe i don't want to live in is a europe refusing those in need. the crisis is dark and the journey is long. i am counting on you. >> jenna, europe is fighting over 160,000, the number of refuges that initially needs to be resettled. that is 160,000. but the neighboring countries to

syria; turkey, jordan, and lebanon, have millions already. it is easier for them to absorb the migrants because of language and cultural affinities but they are struggling to cope at the same time and the german chancellor said that while the refuges are very welcome she is saying they must abide by the rules and she is concerned about integration saying these refuges must not be living in separate communities. they need to integrate into germany for the project to work. >> it raises questions on having the infrastructure. we thank you you very much. >> the former >> hoshost of the daily show is venturing back into the world of politics.

john staw -- john stuart talks about an issue to his heart and the a settlement reached in the freddie gray case and we will have the details. at&t and directv are now one.

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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. is we are going to be marking 14 years since 9 shrie/11 and cn john stuart is going to walk the streets with the firefighters. some credit him for the change to the first responders. they want to continue the programs monitoring people illnesses related to 9/11. it is estimated 25,000 ground

first responders have developed some kind of cancer. >> the baltimore board of estimates approved the $6.4 million settlement over the freddie gray case. gray is the 25-year-old black man who died after suffering a severe spinal cord injuries while in police custody and six officers are charged in that death. the settlement could have an impact on the officer's trial it is said. peter is live at baltimore hall. >> reporter: the settlement was the surprise to the defenders of the six officers charged with contributing to gray's death because so far no jury said any of them did anything wrong. the local paternal order of police is saying there is no civil litigation or guilt required that would require such

a reaction on the part of the mayor and others. the city is saying in text that is attached to the request for all that taxpayer money, just approved, that quote this settlement has nothing what so ever to do with the criminal proceedings. the purpose of the civil sett settlement is for closure to the family and city. the board of estimates said it is easy to stomach the cost because it will come from funds baltimore won in other litigation and savings elsewhere. and a big number like this could stop more riots. >> based with the prospect of significant legal expenses involved in an extended federal lawsuit as well as the potential liability that could come with an unfavorable jury verdict our

city attorneys came to the conclusion that the $6.4 million settlement is in the best interest of protecting the taxpayers. >> reporter: the city's hope is the big check cuts down on the chance of chaos later. but tomorrow a judge decides if the six officers can have their six trials moved outside of baltimore. >> we will see if the settlement makes any difference. congress takes up a measure trying to brock the president's nuclear deal with iran there is a new fight brewing in the republican race. john boehner' job. a live report on this. and a manager shake up at united airlines. details and what it could mean for the largest carrier and anyone flying united.

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here is a look at what is still to come: a scandal at united airlines and how it will impact passengers. and queen elizabeth hitting a record. and salt warning. beyond the menu. as one big city required to vote to require a ground-breaking rule. will it spark a national trend? the iranian nuclear deal is going to congress and that is where this morning there are several events focused on the

hearing. there is going to be a huge rally from the opponents including donald trump and ted cruz after that. all of this as the fight is brewing over house speaker john boehner and his leadership position. could that threaten his job? mike emanuel is live with details. >> reporter: john boehner is caught between the president and rank and file conservatives in the republican conference. he dismissed the question about his future saying he has wide spread support and appreciates that. his allies say they have his back. >> we had one in november and in jan and i feel like we should not force the leaders to look behind their back every minute and he is doing as good of a job as he can. he has a tough job. i want to make sure he gets a

chance to continue to do his job. >> reporter: it expected to be a challenging september and difficult fall with funding the government, the iran nuclear deal and the debt ceiling. the speaker's credit are pushing him to defund planned parenthood after the controversial videos and will watch how he handles the tough issues >> not dealing with planned parenthood, which is causing a stir, you put the budget together with that moral issue and our leadership doesn't move on the rest of the country says that is it. we are fed up. it is tsunami time. throw everybody out. >> reporter: house speaker said we will not react until something happens. it is a republican fight pretty much and they are going to fight about it among their ranks. if there is a serious push to out the speaker that would affect the entire house of representatives. at this point everybody is

watching and seeing how the d m drama plays out. >> in an hour and a half we will cover the huge anti-iranian rally. good to see, mike. the ceo of united airlines and two top tenants are stepping down an after investigation regarded to the federal regs of a possible quid pro quo between the chairman of new jersey and new york and the ceo. they said united setup a weekly direct flight to columbia, south carolina near where the port authority official keeps a vacation home. this is happening while united was renegotiating their lease at the liberty airport. gary lake is a writer for the blog and cofounder of the mile point community.

what is your reaction to the news? this broke late in the day yesterday with a major company and ceo resigning. what do you make of the allegations? >> it is great to talk to you as always, jenna. this is an opportunity for united to break from the scandal that plagued the airline and also some of the other problem the airline is facing because a lot of the challenges its faced over the last five years stemmed from the top and changing ceo's lets them say it is a new era at the airline. they dismissed two top government relation executives as well. they are cleaning house. and they want to have a fresh focus on the airline business. >> what exactly, gary, is your understanding of what happened? was this a free flight for this official? or did united as we described plan a flight around his vacation plans?

or both? >> reporter: what we appear to know is that when united was seeking action from the port authority, that oversees the hub at the newark airport, the chair of the authority asked him directly to have a flight out of the united schedule that was conveniently timed to spend his weekends in columbia, south carolina and come back on monday morning and united did ultimately provide this flight. it was a money looser. and days after samsung resigned the position as chairman united ended the flight. it appears from the get-go to be a quid pro quo in exchange for official action. at some level you might feel sorry for united to be put in a position where a bureaucrat with influence of that makes such a request. but instead of calling the fbi

he granted the request. >> a request none of us would get granted. no matter how much we asked the airlines to move the flight for us. you wrote about the ceo of the company and what he gets if he is not chargiminal. he is fired but what does he get in all of this? >> reporter: he had a contract with the airline and it cost them mup money so he is getting $4.8 million in severance and a stock worth about $3.5 million, he gets to keep his company car, he gets his benefits until he is eligible for medicare and free flights and parking for life and the airline pays him cash to cover the taxes on that benefit. as you say, this is based upon him not pleading guilty, non no

contest or being convicted of the charges stemming from the accusations. >> there is the collision case the justice department is investigating for the major airlines. we are talked to other bloggers and there has been a reaction they know the air here. what do you think this is saying about what the other investigation could show us? >> reporter: these are unrelated. this does provide the opportunity, not just with the government and customers, to have a fresh start and to be able to say whatever was done wrong with the business as well as with the government is behind them, but the collusion investigation is independent of this. it will take time and it is unlikely to generate anything of substance. but this doesn't get them out from under other government investigations >> and the impact on passengers potentially united?

no more flights to columbia south carolina on thursday coming back on monday but other than that what is the impact? >> reporter: they already ended that flight. but ultimately what this does is provide a great deal of hopefulness because the culture at united from the top has been a problem since the merger although operationally it wasn't that good before that. instead, the ceo blamed the employees at the airline for not understanding what he was trying to do. even blaming the customers for not understanding they were running a business and also came so far to say they had too many customers and their most frequent travelers were over-entitled. so the leadership of the airline was not in sync with employees or customers. bringing in a new ceo is an opportunity to put that behind them and really have a fresh start where they can focus on a better labor relations.

five years in the merger they don't have a single flight atte attendant contract. they have to complete the job of the merger that started five years and move forward with a reliable product that will bring back customers especially corporate customers. >> this is one of the largest carriers in the world and it is quite the story on many levels hearing what the top officials in the company thought about passengers. gives us something to think about. gary less, great to see you. thank you. >> thank you, jenna. there was a shocking murder in dallas that has people asking was the cold blooded murder of a dentist the result of a romance gone wrong? police are looking into ex-girlfriend of the man the victim was dating. two wives and two deadlystants.

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a love triangle may have played a role in the death of ken kendra hatcher. police arrested a woman who confessed to driving a gunman to the shooting. they are focusing on the boyfriend's ex who reported used her i-phone to track her. we have the panel here to discuss this. how did they unravel this if you have a former girlfriend of the man she is dating implicated in this? >> the get away driver has been

charged and she can be charged for capital murder so he is under pressure to work with the government and tell everything she knows to agree to a plea less than capitol murder. that brings them to the gunman in the car and potentially someone who made to set it up. it sounds possible the ex-girlfriend paid to set it up. it will get to that quickly. >> the young woman, once she gives up the gunman, how do they track it back to the exgirlfriend? >> the car might be connected to the ex-girlfriend. it was seen on the video. she said according to the law enforcement documents she talked to the ex-girlfriend and the ex

paid her $500 to be part of this. she is saying he got first-hand information from the -- she -- girlfriend and instructions to be part of this. even if crystal cortez didn't know there would be a murder, just a robbery, she is still on the hook for murder because the shooting occurred in the course of the felony she was voluntarily being a part of it. >> one of the most interesting things is she was being tracked by the i-phone. how do you do that? >> there are lots of apps des n designed to help people. my kid has this phone i want to know where he is. so there is apps that agree to let people to track them. there are more nefarius apps you can you can use. if the ex was using the software they will be able to find out

and track it to her phone. this might get her convicted. but it is easy to do this in this day and age. >> and a lot of ways for authorities to subpoena information to get your phone and computer data. let's go to the case of the colorado man accused of pushing his second wife off a cliff in the rocky mountains. prosecutors say he wanted the insurance money. he is under investigation for the death of his first wife 20 years ago after a car fell on her. how can they make the case 20 years later? >> this wife accidently fell off a cliff and died in this case. law enforcement is saying he pushed her. 20 years ago while changing a tire on the car with his first wife the car fell on her and killed her. and an incident where a beam fell on the second wife.

prior bad acts are not usually acceptable in trial but there is an exception and if that is they prove absence of a mistake or accident. the defendant is saying she fell by accident but showing there is a common scheme of mistakes and suspicious things before it can be admitted and it will be admitted. >> this is photos of the second wife, tony, who allegedly fell off the cliff or was pushed and is the focus of the trial. how can you do that in criminal defense trials because you cannot bring in prior records. >> it is going to come in even though it is not a criminal record. the husband has never been charged with killing anyone before but that evidence can come in and that will make it harder. accident do happen. people do get struck by lightning twice. it is weird but it happens. and the jury wants to see a

motive from a coincidence and that is dangerous. here they will get to consider the fact this first wife died, too. 20 years ago. and they will have to take that into account. that is nervous to me as a defense attorney. don't want the jury to jump to conclusions based on what could be two separate accidents. >> what do you think happens? >> there is other evidence against the defendant. he told four different versions of what happened, a map found in his car with an x are she fell off the cliff. so i think he might be convicted from the other evidence. >> not good if you have an x where your wife supposedly fell. new york city is making a landmark decision when it comes to chain restaurants menus with a new symbol indicating how much

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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 check on what is ahead on "happening now" at the top of the hour. >> hillary clinton is finally saying she is sorry for the her e-mail setup as america's top diplomat. but they named a transparency czar now. >> and the kentucky clerk jailed for refusing to issue same-sex marriage license is now out. >> and cheerleaders banned from

wearing their uniform on game day. is this getting out of hand? >> and plus the #"outnumbered" coming up on top of the hour. >> ground breaking decision in new york city with a symbol now appearing next to the dishes at restaurants with more than the recommended daily amount of sodium. public health advocates have been pushing for the change but there are critics. laura ingle is live with more. first the calorie count on the big gulp. >> they just want you to be warned before having the meal. the new york city board of health forcing chain restaurants, about 3,000 in new york city, to show us the sodium with when ordering the food. new yorkers have been encouraged

to eat healthier and starting in december they will learn more about how much salt they are about to chow down on. the vote forces 3,000 restaurants to put a black and white salt shaker emblem on the menu next to things with more than about a teaspoon of salt. the president of the salt institute issued a statement to fox reading this is another example of the government creating policy based on outdated, incorrect sodium guidelines that have been refuted by ten years of research. research shows americans eat within the safe range of sodium consumption and restrictions are not necessary and can be harmful. the new york city health commissioner says this is a way of letting consumers know about foods that raise the risk of

high blood pressure and potential heart attack and strokes. >> this represents the next step in allowing usable information for our community to make better health decisions. and the evidence also shows that even though calorie and salt nutritional information is available in chain, the rate of people actually accessing that information is exceedingly low. >> the initiative should focus on the goal as a hole and the city should leave the warnings to the feds -- whole -- >> we will see how it goes. we were talking about how much we love salt during the break. new during the next hour of "happening now," terror on the runway. passengers scramble to get out

of a plane that is smoking. and

"outnumbered" starts now. >> this is "outnumbered". kennedy, co host of fox and friends first, easily earhart is that, fox business network the elizabeth macdonald and-tad one lucky guy also from fox business, we have three, a kennedy, easily and i are "outnumbered". you were supposed to be "outnumbered" but now we are. this general is taking over. if you don h