>> welcome, this is "outnumbered". here is sandra smith, co-host of "after the bell" on fox business melissa frances, democratic strategist at fox news contributor julie comment and hash tag one lucky guy, former prosecutor and criminal defense attorney, both sides of the aisle, legal analysts arthur aidalla. >> it is like you hear about lawyer or prosecutor, i am nice.

>> and the caller. like sitting around. you guys look great. you look -- i am trying not to be "outnumbered". >> happy friday, good to have you. could it be panic time for hillary clinton? some of her powerful donors are raising big concerns about her e-mail scandal during a conference call with her campaign, one quoted there is no question in my mind between now and next november if there will be new benghazi, a new e-mail and he hopes lessons have been learned from the e-mail fiasco. on that phone call clinton's press secretary assisted team clinton will be available for new attacks and establish something to respond to the congressional benghazi hearing. there are concerns clinton's real trouble may be with her party's on moderates, not only those on the of far left but a

recent polling shows democratic front runner support among her party's middle and joe biden's numbers in the middle are surging. co-founder of the meter should council which put bill clinton white house says, quote, it is more a reflection of people asking questions about her than going to other candidates. you are nodding. >> hit the nail on the head. i also think there should be a choice, there's one person who calls as of a socialist, that is not really an issue is for mainstream democrats. although in my opinion even though i am looking at this as a lawyer, what i know from reading newspaper, the smoking gun that i can go in and convince 12 jurors beyond a reasonable doubt that she is guilty and yet to come possibly but i think people want ageless and it seems joe

biden is the low hanging fruit. >> not necessarily a smoking gun that several guns. on that phone call brian fallon said this issue about the e-mail will be with us the next several months, the e-mails themselves are on schedule when released every 30 days. how does she respond to this? >> every 30 days she has to come back to this. >> my concern is not new scandals, it is political season, that will apply to anybody who is a republican nominee, my concern is how she handled these candles and that to me is the problem for her as a candidate. she has been abysmal with these issues. the scandal being one, do you let it fester? i am not sure what the message is from the campaign. that is problematic if this is the person you are taking to the general election, standard bearer for a lot of democrats.

>> i don't understand why she and her team don't have something pripet for your number one accomplishment as secretary of state. >> i agree with you. >> that is shocking to me but we are talking about these donors and you can back me up on this but we talk to those big leagues on wall street, unwavering support. last one we spoke with, robert wolfe on mornings with maria, unwavering support said he supports hillary clinton for president. i have been referencing john mack of morgan stanley, they are still players because they see her populist message on wall street as not want to follow through and problem solver to be good for business. >> to be perfectly honest, she is bought and paid for, someone who donates to her campaign, she is a known quantity easy on wall street, she goes easy on the banks, they know where she is going to be, they don't care

what she's doing politically. with a lot of the republicans they don't know how they are going to respond or come down or not on wall street and they were burned by president obama who they supported and came after them and made them the whipping boys and fat cats and different teams use on them. they can count on hillary clinton to go easy on family >> and ozzie coming next month, starting october 22nd and her team will be interesting to see how they circled the wagons on the daily news cycle. >> keep watching. during this week republican debate, carly fiorina said the best way to stop a democrat is to ask about hillary clinton's record as secretary of state and when hillary was asked to name her number one accomplishment instead of directly answering the question she said this. >> didn't get to see all of their debate, but i saw enough to know that this is just the

usual back and forth political attacks, the kinds of things you say on a debate stage when you don't have much else to say. there is a long list of what i have done and i am proud of it, you can read my book hard choices, read about how line negotiated a cease-fire between israel and hamas, how i put together the coalition that led to international sanctions against iran. this is just those silly season. >> this is a long list, read my book, this is just the silly season. all those things, you were shaking your head. >> this is what i am talking about. three things she could have said easily, my biggest accomplishment, too many to name one but i negotiated iran nuclear sanctions, helped provide millions of children with health care and bring reconstruction money to new york after 9/11. why -- that is what i do for a living. why let your book and talk about

this release season? here are the top three. >> the ones that -- put together the coalition that led to international sanctions against iran, the president did that, supported the undoing of her best accomplishments. you can't -- >> she would i you the reason we got something out of it. >> she would argue we got the nuclear program, she would say because she negotiated. >> verification -- >> anything differently at all. we gave up sanctions. >> debating a policy where she will say this to her base and that is the difference, she could have said causation lead to is this. what i did. >> we took sanctions off. >> because of the e-mail scandal, that you are reactive to, she hasn't been able to comment on the daily news flow,

the daily news light and she wanted to weigh in on but she is trying to figure whether she had more with 1 server she should tell everybody about. >> going back to the original question, it is not the first time she has run for president of the united states. you need a 3-second response. what were your greatest accomplishments as an attorney? i would say wishy killed her father, i represented her for free and save for a lifetime in jail. that is my greatest accomplishment. >> why can't she into? >> she should have that on the tip of her finger. >> she is not the great communicator. >> people training her to do that. >> you guys, i will tell you is this, there are some good people around her, the architect of obama's win, it is the candidate. always comes to the candidate. you give them this or that, it all comes down to the candidate and she is out there delivering

the message that from what i have seen today and the last six months. >> when local people would run for office they would have those index cards and their campaign team would anticipate, it was like a debate, she would move every morning, the infrastructure that was supposed to do that, bragging about how many public poll she had on the ground, they could easily be doing these things. >> they probably aren't she probably has a communication team doing it. >> he is leading the index card. >> you can't make somebody delivered, how to do that, she can do it. >> when i watched her and jimmy fallon and she is delivering the joy she clearly rehearse that someone had written for her where she said there had big things on these e-mails, whatever it is she sat on that was very clear that it was a scripted line someone thought

would be funny the she practiced a bunch of times and she is the she can't deliver the line given to her, you can't fix that. the read my book response. >> new reaction to the revelation the united states spent tens of millions to send to syrian rebels to fight isis and only four five recruits remain. rethink our strategy and donald trump says he is being held to a gender double standard. are you -- his comments about carly fiorina's appearance reviewed more harshly than remarks she has made about her competitors. we will debate. growing up, we were german. we danced in a german dance group. i wore lederhosen. when i first got on ancestry i was really surprised that i wasn't finding all of these germans in my tree. i decided to have my dna tested through ancestry dna. the big surprise was we're not german at all.

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what's possible when you have high-speed internet at home? the library never closes. it makes it so much better to do homework when you're at home. internet essentials from comcast. helping to bridge the digital divide. >> new reaction to the stunning revelation the millions of dollars the united states and to train rebels in syria to fight isis has resulted in four or five fighters remaining in the battle. listen to what senator john mccain of arizona said. >> they are telling them they can only fight against isis and not against bashar al-assad. use the one who killed 230,000 of their country men and driven millions of them into exile. this is the most bizarre period i have seen in my lifetime.

brought in a bunch of recruits, bunch they wouldn't take, a bunch said bashar al-assad killed my family. i want to fight against him. they say you can only fight against isis and there are others entering training and saying i don't want to do this and it is really an embarrassment. it is an embarrassment. >> i have to do the math on these things. $500 million, they came up with 54 recruits, $9 million a recruit and only four or five left, your tax dollars at work. >> it is crazy. we were talking about this yesterday. do the math, what it is costing and where the money has gone and how the money was spent is absolutely crazy so the u.s. taxpayer has every right in the world to be outraged overs this.

we are asking ourselves what is the strategy here? should we be changing the strategy? john mccain ended the interview by saying there is no strategy. can anyone tell us what the strategy is to defeat isis? there is none. should we be changing and altering the strategy? it was never laid out. >> problem with a half in and half out strategy where we're trying to be there in some way but not committed to being there in a big way. i remember or originally when we were horrified when bashar al-assad appeared to be doing to his own people and syrian rebels saying you need to back us up or someone else will come into the vacuum like isis -- >> you bring up a beautiful point. if i am one of the people on the ground and they want to put training and the weapon on my hand to get me to fight savages with isis i would say where are you two years ago when we could have used shoring up against this by laying out tens of thousands, women, children, men

and the answer as i see the way the white house does, i don't trust the u.s. military to have my back. i don't have to make a choice on the battlefield. >> john mccain makes an excellent point. they have no motivation to go after isis. americans do. much more than they do. they want to go after and people, you just said it, who are gassing their country and we want to get that guy, he killed my cousin, my best friend. we wind up with -- >> we talked about this yesterday. bashar al-assad on one side, isis on the other, one bad guy and a bunch of really bad guys. we are training people to fight -- nobody explained what the end game in syria was even three years ago? i would love to hear john mccain, john mccain if he were president today when he would have said two years ago, what

would have been is his mind to depose bashar al-assad, in the middle east we saw how that played out in iraq, what is the alternative? >> i hear what you are saying but here's the problem. by not going and getting involved in made isis more powerful. at the same time you look at russia getting involved because they are best buddies with bashar al-assad. they are making their own friendship very and if you want to wash your hands of this whole thing i completely understand but only festers and gets bigger in europe who has ignored it, watching refugees who are fleeing this, so the problem is even though you don't want to get involved, in the end you end up involved. when isis terrorists come here and inspire people to attack our country, to attack someone else i don't think there is a choice. >> i don't disagree with the end resolve. the russians getting involved with bashar al-assad is russia's potentially may be fighting isis

and want to work to do that. that is one aspect. let's say they are successful and bashar al-assad remains in power in syria. the refugees will still be fleeing because he is getting those people. let's say we tried to depose bashar al-assad. we are involved in a civil war, the bashar al-assad army and isis and we -- the syrians are still getting in and the president has an operating base in syria. the question to me is what is the end game for the united states? i have not heard back from john mccain when he was begging us to get involved in syria. i haven't heard this from barack obama. no one has provided an answer, having to look at the iraq war, was an old enough for vietnam. >> is more complicated in the

last few hours. and we had a tight alliance. bashar al-assad is denying good on the ground in russia. and whatever moves we make we need to do that before russia put it hands in this even more. not saying it is impossible, nothing is. >> the newest grumbling in the face of between donald trump and carly fiorina, the claim that he is the victim of a gender double standard. wait until you hear what he told sean hannity. we will be right back. .. trust safelite. our exclusive trueseal technology means a strong reliable bond. at safelite we stand behind our work... ...because the ones you love, sit behind it. (softly) ♪safelite repair, safelite replace♪

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>> more fallout from the latest republican debate. donald trump says it is being held to agenda double standard by giving his comments about carly fiorina's appearance were

viewed more harshly than remarks carly fiorina has made about her competitors in the past. trump appeared to be referring to carly fiorina's failed 2010 senate campaign against barbara boxer and california at one point in the race she was caught on a hot mike saying boxer's hair was so yesterday. here is the donald on handy. >> if you look at the record, she was brutal on barbara boxer, very nasty, she was running against barbara boxer and lost a landslide but she was really horrible about barbara boxer's looks and attacked her on her looks and also she attacked meg whitman on her looks and there was a big article about it. somebody just sent it to me. carley is playing the double standard. >> playing the game herself. melissa giggle all the way through this. >> she said her hair style was so yesterday.

sp for english i don't know how fashion forward any of these candidates are to be talking about each other but it is ridiculous. it is to become a childish, don't know if there is a double standard. if you were talking about it before when you went back and said she was pretty during the debates, that to me was -- >> so patronizing. >> it was those sexist. so far the other way that he was calling her -- disingenuously. what she said about barbara boxer was caught on a hot mike and would give everybody $100 or something, about somebody else's appearance, or any day. she said that, but he said that in a national interview. people are running, to the leader of the free world and we're having a debate about donald trump calling people

ugly? >> it speaks to who an individual is if they are willing to say that. he may be subjected to a double standard but he should be. i am old-fashioned. i believe chivalry is not dead. i don't think you should speak ill of someone. if you don't have anything nice to say don't say anything at all of especially about a woman's looks. in my opinion she threw him a soft ball, she should have said you are so beautiful, you know what? sometimes i say stupid stuff. >> should we be commenting on her looks, good or bad? saying she is beautiful or look at that face, both equally inappropriate. it has nothing to do with her looks and commenting on it at all. >> trump and said as you heard it is not only at the double standard, being politically correct, you shouldn't be

commenting on it at all. >> why should i have nice shoes? should i be offended? >> a girl with a lot of shoes. >> we are not on our debate stage. >> you said no one would ever say these things and it speaks to their character. i don't know about that. we all get into -- i saw this on twitter the other night, this is the worst case i ever heard. that is like schoolyards of. it is silly, i don't know if it is speaking to someone having bad character. i would say this about carly fiorina or donald trump, was a great judgment? no but i don't know if you take it to the core of the character because carly fiorina diss barbara boxer's hair, shouldn't have done that. i have been caught too.

if the camera is on and there are people in the room and you are wearing a mike is how it works out. >> am i out of order according to what you set a time trying to case and the prosecutor walks in and we get along and you look great today? >> i don't think you do that. i do it all the time. >> the thing that would speak to a hole in your character if he made a comment that was untoward about the actual case and that your client is going to lose because of the skirt. >> i agree with you 100%. art. said to the prosecutor you are looking nice today, ladies and gentlemen of the jury, this prosecutors too ugly and repulsive to get her client convicted, that is different. >> you don't believe from when he says it was about that? >> come on. i don't believe that, he was

going after rand paul, could say something about rand paul. who cares about what's rand paul looks like? >> the conversation we had on the couch. >> donald trump. >> something you are trying to tell us? >> i missed that one. >> from arthur aidalla to donald trump would you suggest even go there again when he has a female candidate? >> he needs to be himself. i tell that to a client or anyone who makes an appearance, and i would steer away from the land mines and now because of what he did. >> why c commenting on anyone onstage? that is ridiculous. >> i commend can be made that it does have to do with your looks. >> we will agree to disagree on this. >> we are all beautiful.

positive reinforcement. >> give the green light by a court, test fire a cocktail waitress or cocktail waitresses for putting on or losing too much weight. the case of the babes and whether a court condone sexual objectification in the work place and any fans of the classic mob film good fellows can forget about serving on one jury. why that is and whether ahmad movie and others like it can release sway a panel. ♪

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the casino in atlantic city can fire it sexy babes if they gain or lose too much weight. the lawsuit brought by 2 dozen so-called babes, these are not the women who filed the suit, the accusers claimed they treated unfairly after the vote will link. their attorney said quote makes sexual objectification has been institutionalized and is being allowed to stand, the court is recognizing from the overall pherae that the working environment is hostile because of the personal appearance standards but the judgment knew what they read getting into, they have sufficient level of adornments to render its markets to sex objects to the patrons. nevertheless for the individual labels when babes become a sex object require the person's

participation. >> so there are in the loss area is where you cannot discriminate against, sexual orientation, race, gender, three judges 1-on-1 judge, this is a three judge panel and they say we gain or loss is not a protected class. and employer, has nothing to do with your looks or your face. it has to do or does have to do just with weight gain or loss and that in and of itself an employer has the prerogative to hire someone or fire someone based on their weight gain or loss especially when they are put on notice before hand. they couldn't say we don't want any asian people here or gay people here or men, we just want women, they cannot do that but the court rules they are allowed to do this. what i was thinking was let's say it was a broadway actor or actress who had to play a certain role, and their appearance materially change,

the court ruling would be the same. >> from the perspective of an actor where you wear a costume and we are looking for the nerdy best friend and you come in looking like that or -- >> don't think it is like that. it is that. >> they wrote about costumes that you have to wear a costume. >> every one of these servers was put on notification when they signed and took employment with the casino, they find rules that were disclosed they had to agree all female and male costume to beverage servers had to adhere to that. once you sign on and you know that it exists -- >> i agree with everything you said. they didn't lose their baby weight fast enough after they had a child, is that protected? >> part of the case the lived on has to do with 11 of 21 litigants' sent down to lower court to mitigate whether it

became a hostile work environment or something like that, the kid has gone, the weight is not gone. >> only 90 days to lose the baby weight, having lost my baby weight, 90 days is not a lot of time. >> what you are saying is this would then be at medical issue. with this fall into categories that you gained? it began a hostile work environment, action will be discrimination on the job. >> that would be protected. >> if you have seen the classic movie good fellows you can forget about serving on this jury. brooklyn federal court is being very selective about the upcoming trial of alleged mobster for the 1978 heist, the 6 million-dollar kicker was featured in good fellows. i am sure you have seen it, everyone has. the court is making prospect of jewelers at an answer whether

they have seen that film and other mafia movies and shows, not just that one like the godfather, the sopranos, legal experts say potential jurors could be swayed by the violence in good fellows and is good to gauge a person's interest in the mob sean. you can't be on this jury if like me you have seen all of those bills are hundred times, i could stand up and do any of the seams. how do you feel about it? >> little house on the prairie. >> they decided to go all mobster. >> there are two things at play. number one, a defense attorney, you don't want the jurors to be relying on the facts of a movie because it was specifically about this case. >> what about the other ones? >> the inherent prejudice, you just used the word on national television mafia.

there is a huge group of italian americans that hate that word and which it was banned and it is the being of the italian-american community so they don't want people on that jury who think the average italian american person, mario cuomo, want them to think -- >> you just made a huge wheat. >> if you had watched the godfather, you think all italians are mobsters? >> bill clinton referred to mario cuomo as a mobster. 25 years ago on the phone because he is an italian-american referred to mario cuomo as the mafia so as a defense attorney you don't want a person who as a juror thinking an italian-american -- part of organized crime. >> people who love those movies like myself in call italians are mob is the guy and italian and don't think all italians are mobsters. >> you are educated and

intelligent. >> that is crazy. i am russians so if i were a defendant who has ever seen a james bond movie -- >> it won't be anyone who has ever seen it but what you would call the people -- >> let -- your job to throw them off the jury. >> that is what we're talking about. >> not allowed to call them that. >> arthur spoke on the issue, the big question i have in my mind, isn't that people are not freethinkers, they can't watch these films and think for themselves but attorneys wanting to protect what they consider something they can't control. finding a character and -- finding a characters that might be like one of the people on trial. >> you are 100% correct. it may not be accurate. >> this is just absurd. where does it end?

almost every movie i have ever seen on wall street has falsely portrayed what happens on wall street. to rule on insider-trading scandal, you are saying anybody on the jury could not have watched any movie involved in wall street? >> while selecting the jury i want to know who has seen wall street or greed, i want to know, this is with jury selection is. latest gentlemen of the jury, what newspapers do you read? what television shows do you watch? that is what jury selection is. i get an idea who she is. and whether a want you. >> specifically about this high east, but the godfather? where does it end? >> you are trying and organized crime case, people so knowledgeable about a movie getting involved with reality and the evidence, you want the evidence to control. >> do you feel you have been discriminated against?

>> of course 100% absolutely. >> what did people think about you and? >> the common stereotype with you always had to go to a good jewish lawyer, the second was italian-americans whenever welcoming in law firms until very recently may be the last 20 years when my grandfather graduated law school in 1933 the only job he could get was a city job where he made his whole career. antonin scalia whether he was discriminated, how he was discriminated going into -- >> a lot of stuff to go around. >> on that note. that segment to be that explosive. >> hurting your child's grades, a new study about when they are logging on might surprise you.

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>> i your children's grades syncing? are they a bit nudie? is social media to blame? a new study found one in five children between 12 and 15 years old wake up in the middle of the night doing it once we con school might. the research find half of those who wake up to launch on are nearly always higher in class the next day. and affect their overall happiness. part of your brain gets a boost. >> it is akin, it is addictive. but the flip side of that would be if you read something that kept you up at night. >> a good night's lead, that is essentials. and i just read about its work

through my 9-year-old, a little sound machines that have the way of as, those are very good because uninterrupted full night's week and honestly because of this segment, my niece, my nephew, know where india the bed room. >> got to turn it off. you got to turn off of the devices but i don't know if this is any different than when kids intense social media or their devices whether or not they were staying up all night waiting to go to school to find out about going to the prom or the locker. it is one thing, the screen time and all that but i don't know if kids are any different. >> from what you are describing that is one of. this is a continual thing and almost always is a lot more often than is so and so going? >> this is --

>> i love that. >> a simple fix for this, what we do in our house there are no electronics in the bedroom, no television, no iphones, no computers, not in the boys' room, not in the kids' room, not a lot, do your homework, but on the computer in the open in the living room, that is it and put away when you go to that and i'm strict about this. >> all around the dinner table. >> we used to allow that and put a end to it. >> why did you end that? >> at the dinner table? no eye contact? >> no eye contact. it became too much of a crutch, we were doing it, a lot of people, it makes a lot of sense and it got to be too addictive. not say we will never go back to is that. i don't approve of it but i want to have a conversation with my husband. the bed room thing i am worried about sleep and don't want them

on their electronics in the privacy of their bed room. you do everything in the open. i don't want you on line in the bedroom with your door closed with your computer in there. >> your kids are young. what happens when they're 14? >> still not allowed. the luxury of living in manhattan in a tiny apartment, you are all on top of each other. keep it out of the bed room. >> one thing the cross into my mind as i was reading the city had to do with getting the good night's the focus on what your goals were the next day and not having the interrupted by a new goal of having to respond your friends or whatever. i could see this intruding on how kids perform. >> i was a bad sleeper and continue to be in its high school and the test the next day, whether i was going to go to the prom, whatever your issues are, i am not sure, before e-mail or anything else, i would continue to wake up in the middle of the night. >> that is a lot of lines of what sandra was saying.

>> breaking news, something we have been watching for the past few minutes. we can't tell you that the u.s. house has passed a bill to block planned parenthood funding for one year. this has to do with the abortion portion of what has come under fire for planned parenthood. their videos, cbs news is reporting that as the videos we have come to know and we reported them on fox news that showed procedures being performed on live births and abortions were taken out and children lying on the table and i don't want to get too detailed because it is lunchtime on the east coast but these were tough to watch and what they want is a congressional review for one year. if this could happen for planned parenthood. they want to snag that funding for the review period to happen. the house passed that and if it makes it to the president's desk there will be a veto. another vote is coming up, what

i was just talking about, live born babies would survive abortions and what can happen to them if they survive so we will watch that part of it if it passes or does not pass, we will bring it to you live. we're coming right back, stay close. listen up team, i brought in some protein to help rearrange the fridge and get us energized! i'm new ensure active high protein. i help you recharge with nutritious energy and strength to keep you active. come on pear, it's only a half gallon.

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>> lots of differences between liberals and conservatives, even when it comes to cursing. a study of hundreds of thousands of democratic and republican twitter of accounts finding liberals use more profanities and conservatives. experts say it is because liberals tend to be more emotionally expressive. >> i am so in touch with my feelings and must be why i curse. >> do you care so what? >> never. never say never. on social media never. to lycoris a lot? i will go for it right now. now, no. i have been known to have a little bit of a pot now in private, carly fiorina and barbara boxer's here, hopefully i will never get caught on on hot mike but not on social media never. i don't want anyone reading that stuff. daytime tv i can't say anything

but left wing most common differentiating words. >> if you google me on the first page, donald dropped f bomb on fox, megyn kelly was challenging how much it hurts to be hit with a belt and i got so emotional i said a bad word but i don't believe it has to do with your right leanings or left-leaning but the way you grew up, what was tolerated in your household, the company you kept and whether you are that type of person. >> according to this survey. >> on social media. >> when she hears me say something nasty she says you need to act like i rose you. acts like i raised you because now you are not talking -- >> right wingers likely to use positive sentiment words like love, like and happy. >> we are back monday at noon eastern time, glad you were with

us, have a great weekend, "happening now" starts now. janet yellen announced interest rates will not rise particularly because of china. >> you think you can, and then you go by the place and you saw wow. >> looking at the devastation. >> wildfires claim more lives after ravaging entire communities and loving devastation and heart break. the latest in the battle to bring nature's fury under control. >> more energy. >> he