and we send every prayer and thought to mary katherine and her family. they have a go fund me.com page that has been set up by friends and supporters to support the education of their children, and we just -- our heart's breaking for you, mary katherine, and we wish you well. bill: unimaginable. and the fox family will be here for her forever. it's monday. enjoy the rest of your afternoon. martha: thanks for being here, everybody. we'll see you tomorrow. ♪ ♪ jenna: and we start off this monday with some brand new polling in the race for the white house with interesting changes for both parties' front runners. hello, everybody, i'm jenna lee. jon: and i'm jon scott. as donald trump takes a hit in the latest poll, hillary clinton's lead grows now 18 points ahead of her closest competitor, senator bernie sanders, among democratic primary voters.

clinton now stands at 42%, sanders is at 24, and her support rises even higher if joe biden decides not to jump into this race. joining us now, bret baier, the anchor of "special report." were you surprised that her lead has actually grown in the last week or two, bret? >> hey, jon, good morning. not really. she's been out and about really on a campaign in those early states and also in a lot of interviews including interviews that are, you know, a little bit more lighthearted, late night tv, jimmy fallon. i mean, those things touch a lot of people nationally, so her numbers bump up a little bit. i think the real concern for the clinton campaign is the early state numbers, not the national polls, but the numbers in new hampshire and in iowa. and currently, she's still trailing on the average of polls to bernie sanders. jon: yeah. because we know what happened in 2008. she was banking on a win in

iowa, in fact, she came in third place behind the guy who ultimately ran -- won the nomination, a little-known senator named barack obama. so if she does stumble, if she does do badly in those first or two states, in iowa and new hampshire, it potentially could set the campaign back on its heel, couldn't it? >> yes. i think there's a strategy here. south carolina is seen as a firewall, but the whole thing turns upside down if joe biden gets into this race. and really we've been talking about that for many weeks, and there was the appearance he made on stephen colbert's show where he was emotional, and a lot of people looked at that and said -- about the loss of his son -- that perhaps he was not ready emotionally to get in this race. i think since then every indication has been that joe biden is going to get in, and the money people are ready to step in behind. you heard dr. jill biden saying that she is supporting him in a possible run. if that happens, it shakes up

the whole thing, and south carolina becomes a question heart attack. jon: if joe biden does get into that race, hillary clinton's support falls, as we mentioned in the lead-in. he comes in in this latest poll with 32% against -- 22% against bernie sanders 34%. that suggests they're essentially drawing from the same pool of democratic faithful, right? >> definitely. and, you know, we've seen a number of reports about money, and of the early bundlers for the obama campaign some 50 of them are signed on to hillary clinton, but there are about 700 of them. so i think there's a lot of, a lot of people waiting to see what happens in this democratic race before really committing. jon: let's talk about the republican side. donald trump, support for donald trump seems to be fading after the last debate. what do you make of what's happened to donald trump's numbers? >> well, just a caveat in that, you know, it's this one poll,

the cnn poll, that has him dropping some but still maintaining a lead. carly fiorina clearly is going to see a bump, and i think you're going to see that in polls. where she has enough to overtake him, i think, is a real question. he still has a commanding lead across the board if you look at the average of polls. the ones coming out right after the debate, a lot of them are overnight polls, and he did amazingly well. his supporters answer the call for those online shows of support. i think this poll, the cnn poll, a number of other polls, you're going to have to watch over the past -- the next couple of days to see if his support is really seeing some air go out of it. jon: we saw in the last republican cycle in 2012 that virtually every week there was a new poll leader. i mean, herman cain was atop the polls for a while, michelle -- >> rick perry. jon: -- michele bachmann, rick perry.

it seems to be a little more consistent this time with donald trump maintaining his lead. is that going to change as people start paying more attention as the election draws closer? >> yeah, that's a great question. and i think each one of these debates does have an impact. there are fewer of them now, so they have a little bit more of an impact, perhaps, on those numbers. i do think that trump is a unique phenomena in that his lead has been so big and his support so fervent that it's going to take some time if any opponent is going to try to chip away at that. i think the outsiders are still driving the day, and fiorina, carson and trump are really the top of the heap. jon: of course, carly fiorina performed well in the last debate. we have a closer look at her campaign a little bit later in the hour. bret baier, thanks for stopping by today. >> thanks, jon. jenna: pope francis wrapping up his historic transcribe -- trip

to cuba today. in havana he met with former dictator fidel castro and his brother, the current president of the country. tomorrow he heads for the united states where he has a busy agenda that includes addressing a joint meeting of congress and celebrating mass in our nation's capital. shannon bream is live in washington with a preview of what's to come. >> reporter: well, the pope will be greeted by a delegation that includes both the president and first lady, but there won't be much chance for the public to get a glimpse of the pope until wednesday. you'll remember the president and pope have met before at the vatican back in 2014, and as they meet again publicly on wednesday, there will be a massive welcome ceremony at the white house including a cross-section of religious leaders and some controversial figures as well like a gay catholic blogger, thousands of others on site as well. at that point the pope will take part in what's being characterized as sort of a parade. he will be in the pope mobile driving around the white house visible to all the crowds. that all is building up to the pontiff's congressional address

on thursday morning. card that would donald whirl, who's the archbishop of washington, previews that speech this way: >> it'll be a pastoral speech, it'll be an announcement, i believe, of what our obligations are to one another. the political ramifications are a part of everything anybody says, and if he's speaking to congress, there will be the expectation that there would be policy that follows on this, but i don't expect him to be announcing policy. >> reporter: many key washington leaders have publicly embraced their catholic faith saying it provides them with guidance in making these big policy decisions like vice president joe biden, house speaker john boehner and house minority leader nancy pelosi though they often wind up, as you know, on opposite sides of key issues. and six of the nine justices identify as catholic including chief justice john roberts and justice sonia sotomayor. of course, tilly and new york are on -- philly and new york are on the schedule as well. jenna: we'll be welcoming him

here -- although not here in studio -- >> reporter: that would be impressive. [laughter] jon: you never know, he might walk by. jenna: never know. jon: we'll see. well, pope francis seems to be getting high grades here in the united states. as a new poll shows that american catholics have a favorable opinion of him personally, much higher than that of his predecessor and more in line with approval ratings that pope john paul ii enjoyed. the poll finds nearly 80% approve of how pope francis is leading the roman catholic church with most saying he has changed the direction of the church making it more in touch with the needs of today's catholics. jenna: well, some other news. new information in the iran nuclear showdown as the u.n. says iran's sampling is meeting its standards. this after tehran took samples from its own controversial military site. greg talcott is following all these breaking developments live from london. >> reporter: yes, hi, jenna. the iran nuclear deal is moving forward. the iaea at least says it is

satisfied with how it is going. the head of the u.n. nuclear watchdog agency visited the par chin military facility in iran over the weekend, something that has been off limits to anybody from the west for many years. part of the trip also included a meeting with the iranian president, hassan rohan think. it is suspected that triggers for nuclear weapons had been tested at that parchin site. now, the iaea -- through statements and through our own conversations with at least one staffer there -- now confirms something quite controversial, that the samples to be tested from the facility were taken by iranians themselves with no iaea staffers present. also that visit by amano to parchin might not prove too much either. first of all, it was brief. secondly, they admitted -- the iaea -- that the building was basically empty. there had been reports prior to this stop that, in fact, the entire site had been, quote, extensively cleaned.

now remember, in an agreement signed by secretary of state kerry and others in july, the iaea has until just the middle of next month to finish its investigation into iran's alleged nuclear weapons program which might have been going on for years. at the same time, the u.s. will identify which sanctions will be lifted and when. and then it'll be just another two months before the iaea potentially could give iran a clean bill of health. iran has to demonstrate also, by the way, that it is dismantling and disposing of much -- i underscore much -- the hardware and the by-product from this program. jenna, finally, one other thing. i pressed the iaea official today whether their preference would have been, as they do in many occasions, to be at least present when that sample was taken at parchin. the staffer told me that that discussion or that intent, not on the public record. one can imagine. back to you. jenna: it's a good question to

ask, though, and we're glad that you did, greg. thank you. jon: two teenage girls charged with stabbing a classmate nearly to death. what's next for the accused attackers in the slender man stabbing case? plus, a small greek island, once just a vacation destination, now overrun with refugees. how greece is handling that crisis. also we want to hear from you. carly fiorina is rising in recent polling. would you consider voting for her for president? our live chat is up and running, foxnews.com/happeningnow. get your thoughts into the conversation. peptocopter! ♪ when cold cuts give your belly thunder, pink relief is the first responder, so you can be a business boy wonder! ♪ fix stomach trouble fast with pepto. or the freedom to choose what doctor you want to see. so if you have medicare parts a and b, consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company.

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including an industry leading broadband network, and cloud and hosting services - all with dedicated, responsive support. with centurylink as your trusted technology partner, you're free to focus on growing your business. centurylink. your link to what's next. jon: time thousand for a look at some crime stories we're following. two 13-year-old wisconsin girls due in court today for a pretrial motions hearing. they're accused of stabbing another girl multiple times and leaving her for dead. they said they did it as a sacrifice to please an online fictional character known as slender man. they will be tried as adults.

a hiker making his way along the appalachian trail exposed as a white collar criminal. the fbi found james hams at a virginia bed and breakfast. the 53-year-old accountant is pleading not guilty to embezzling almost $9 million. and is an arrest in a 30-year-old cold case murder in illinois. 62-year-old michael jones wanted for stabbing and sexually assaulting then-15-year-old christina wesselman as she was on her way home from a grocery store. jenna: thousands of refugees still flooding into greece. the main point of entry to that country is an island not far from the coast of turkey. refugees risking it all to escape war and poverty despite a recent string of boats sinking in the sea there. benjamin is live on that island with more. benjamin? >> reporter: jenna, we witnessed some tragic scenes today on this island, an island which has become a focal point for the refugees in europe. we spent about ten hours on the

beaches, and in that time we lost count of how many of these boats came across. these are little, small, flimsy boats carrying up to 30 people, women and children onboard. about two and a half thousand refugees a day come over on these boats, up to four and a half thousanden the busiest days -- on the busiest days. this is the closest point to turkey, it's about six miles away by sea, and human smugglers are waiting to bring over the refugees for $1500 at a time. they're put in a boat with a motor and just point it in the right direction, they don't even join them, and yet they keep coming. desperate refugees have come across the state from turkey, one after the other they keep coming, and the scale of this crisis is outstanding. we're seeing here about 20, 30 people all so pleased to have reached the promised land that is europe. they have braved these waters, they have traveled over six miles to get here, and they are the lucky ones who survived. many others have been dying

during this very crossing. and that figure continues to rise. two nights ago 24 people died. the night before that, 36. before that, 20. this island is a beacon of hope for so many people trying to reach here, but it also stands in the middle grounds. behind people leave the syrian conflict, middle eastern conflict, assad's barrel bombs, gas attacks and the beheadings of isis. but ahead of them lies a europe in chaos, a europe which in many parts doesn't want them and can't hale them. jenna? jenna: it's a big story and one we're going to continue to cover here on "happening now," benjamin. thank you. jon: getting rebooked on a flight during bad weather could soon get tougher for travelers. delta and american airlines ending a financial agreement to transfer each other's passengers. what led to that decision? plus, a lawsuit dividing a neighborhood as parents are sued because their autistic son is accused of violent attacks that traumatized other children.

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jon: no more love in the skies. two big airlines are ending a financial agreement. delta and american say they will no longer transfer passengers onto each other's flights in the event of bad weather or an emergency. delta blames american airlines for sending too many passengers its way. the deal originally allowed stranded passengers to take the competitor's flight. delta now says it feels the agreement is no longer mutually beneficial. >> for us, this case is not really about autism, it's about the safety of our children.

they were attacked on multiple occasions. >> they have been slapped, hit, kicked, basically terrorized. >> my son on his fourth birthday was riding his bike, and the child threw him to the ground, grabbed -- with both hands -- his hair and shook him violently. jenna: that's one side of the story. a a california couple with an autistic son facing a lawsuit from their neighbors. that 11-year-old boy is accused of attacking other kids on multiple occasions, as you just heard. but the neighbors are blaming the parents for not supervising their son, and they want him to be declared a lick nuisance. a public nuisance. jonna, a judge obviously thinks this is a valid case, that's why this is continuing. but i'm wondering if you could tell our viewers why this qualifies as a legal issue that should be settled in court rather than settled within the community. >> all right. so there are laws in all 50 states. to some degree that will put

liability on parents for the willful behavior of their children. issue number one here that the court's going to have to decide is was this child's behavior willful? he had a mental disability. there are a lot of autistic children. an expert is going to have to decide was this child capable of forming the intent to hurt other people. that part of the lawsuit may have some legs. what doesn't have any legs is that this neighborhood wants to declare that their property values have been lowered by the fact that there's an autistic child living among them, and that part is ridiculous. jenna: really, because, dan, that's what they say. this is a hot real estate market, and we're going to have to disclose to future buyers if this child is still in the neighborhood. now, we should note that the child and his family, the autistic child and his family, have moved out. they still own the home in the neighborhood which is why the neighbors say we're continuing the case, because they could, of course, move back. what about the part about their property value? >> yeah, the property values are certainly the weaker part of the case. the stronger part is asking for

the injunction to make the parents supervise their child more closely. it's not alleging the child is at fault, it's saying the parents are not properly supervising -- jenna: how does the court rule? how can this case be resolved legally? you get into a dicey area where the court then has to tell the parents how to parent? can the court actually say to the parents if you move back into the neighborhood, your child can't play outside? >> it's a tough issue, and you'd like to see this settled outside of court, of course. the question for the court is going to be what kind of duty of care do the parents owe the society to make sure their child is behaving correctly and supervising their child? according to the plaintiffs in the lawsuit, the parents are looking the other way while their child's being violent. of course, the parents are going to have a different version of what's happening. it's a tough issue, but the court has to resolve it if it goes that far. jenna: the parents say this is a witch hunt, they don't have any of the same problems in this new neighborhood. how strong is their case against these families that are suing them?

>> see, but they're only defending against the parents that are suing them. where i think that they have a strong case though this defense of themselves is you can't get damages for, say, pain and suffering because one 11-year-old boy punches another 11-year-old boy in the nose. if there are definite out of pocket expenses, yeah, the parents will be on the hook for that. but for anything else i don't see where this would go, legally speaking. jenna: public nuisance, dan? what would that mean for this child if he was declared that way in some way in the court? >> right. so a nuisance in general is interfering with someone el's enjoyment -- >> that could be a lot of people. >> the plaintiffs are saying we can't enjoy our neighborhood, our homes, our lives because this child keeps interfering with us in a violent way, especially with our kids, and that the parents are not supervising the child. so if he was found to be a public nuisance, people are concerned that might be a bad precedent for other kids --

jenna: i'm curious about the precedent that does set, because i'm sure some parents out there, it's resonating with them. maybe they don't have a kid who's autistic, but has a kid who's violent. is this a lawsuit that then can be followed by other parents who simply don't like the way a child's behaving in the particular neighborhood? >> that's where this could go which is why we don't want to set this precedent. the precedent we should set is the parents should be gone after by prosecutors in the family court system because, obviously, they're not supervising their child. whether he's autistic or not. and that places that child in danger. and that's a where i think the court should step in and say, wait a minute, this is on you, parents, but not because your child is misbehaving, because you're not controlling the child. jenna: you say really the focus should be about the care for this autistic child who's putting himself in harm's way. >> absolutely. and he's putting himself in harm's way because you might have a parent or another child who wants to, quote, protect their property and will go out of their way to harm this child, and that's not okay. jenna: it's going to be interesting. you'll be back next hour of

"happening now" to talk about another interesting case that involves parents and juveniles, but maybe not. they're going to be tried as adults. thank you. jon: another sad story involving a child, jenna. her identity was a mystery for months. now police have identified baby doe and the people they say are responsible for her murder. we will have a live report as both suspects appear in court. also from immigration to islam, the hot new topic for gop presidential candidates sparking a backlash for two of the top contenders. ♪ (woman) one year ago today mom started searching for her words.

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jenna: right now a quick look at what's still to come this hour of "happening now." the former executive convicted this a food tainting scandal that killed nine americans and sickened hundreds of others learns his fate today. also wildfires raging across northern california, destroying some 1600 homes. what's being done to stop the fast-moving flames? and it's a first of its kind security breach at apple's app store. what you need to know to keep your iphone, your ipad and other devices safe. jon: well, the hot topic for gop candidates turns to religion as two of the top contenders are criticized over statements concerning islam. controversy erupting after front runner or donald trump declined to correct a supporter who called president obama a muslim. retired neurosurgeon ben carson also drawing some outrage when he said he did not agree with the prospect of a muslim president. listen.

>> do you believe that islam is consistent with the constitution? >> no, i don't, i do not. i would not advocate that we put a muslim in charge of this nation. >> problem in this country, it's called muslims. we know our current president is one. >> right. >> you know he's not even ap american. >> we need this question. jon: it was that line of questioning directed at donald trump that really got this ball rolling. now a new cnn poll released yesterday shows both candidates taking a slight dip in the numbers. let's talk about it with our media panel today. alan colmes is a syndicated radio host, and tammy bruce, a fox news contributor and radio talk show host. they both join me now. i'm just curious as to why this question merits national television time on a sunday morning. i mean, people are worried about isis is, about the economy and jobs, but we're asking whether a muslim should be allowed to be president. >> yeah. because you don't want to talk about the potential criminality

oozing out of the hillary clinton campaign, do ya? >> she's been convicted already? >> this giant, shiny squirrel is getting bigger. it used to be a squirrel, now it's godzilla. look, i think for every american and in particular i should just speak for myself here, i think it's important that our politicians are people of faith. it's important that they have somebody above them that is more powerful than them that they're answerable to. but i have to tell you whether it was the questioner at the donald trump rally, that man suddenly is nowhere. no one can find him. i think that was a set-up. [laughter] i think that the mainstream media asking ben carson about this is also to redirect the conversation. when you say outrage, who's the outrage from? josh earnest, c.a.r.e., barack obama, hillary clinton. americans care about jobs and the economy. this is a conversation that is irrelevant. at the same time, personally, sure, a muslim could be president. there's a woman who's one of my subscribers who's a muslim woman

who would be doing a darn better job than barack obama right knew. this is individual issues, but for everyone else, they need to reject the narrative of the left -- [laughter] they these to reject the notion that this has to be the conversation and stand up for what they believe in. >> you're skirting around what's really going on here. the reason this became such a big issue is because the leading candidate on the republican side is a birther and a guy who said over the weekend, well, we may have already had a muslim president. so that is key. as opposed to the way john to mccain handled a similar situation when a woman in 2008 said i don't trust obama, he's an arab, and you had john mccain, a very decent man saying, no, he's not, he's a good citizen. and even if he were a plant, the way donald trump responded to him says a lot about trump's character and what he stands for, and you're saying -- >> no, it doesn't. >> you learn a lot about a candidate about character, about beliefs -- >> let me tell you right now it is no republican's

responsibility to defend barack obama. he is a grown man. americans have all kinds of opinions. republicans need to stick to what's important to them on the issues. this is about the left controlling the narrative and having this be the conversation. what somebody in a town hall says is irrelevant to what, whether it's donald trump or anyone else. and you want birthers, who was it that started this conversation? hillary clinton -- >> no, that's wrong. that's not accurate. >> sent out the picture -- >> it has been debunked. >> staff has admitted to it that -- >> no, it's not. i've got to correct this. this is just not true. not true. >> she is the one where it began. >> this is -- look, i've got to fix this. this was an e-mail chain that started by clinton supporters, had nothing to do with the clinton campaign, nothing to do with hillary clinton -- >> so that's his argument. clinton supporters, not clinton's campaign. so where. she -- jon: allan, to be honest, why is that any more hillary clinton's responsibility than it was when donald trump --

>> it's not. the right is blaming hillary clinton and saying hillary started it -- [inaudible conversations] because trump's a birther. trump started this four years ago. this was all he was talking about. and then obama produces a second birth certificate, so trump ought to say, okay. he can easily get beyond this by saying, all right, i get it. he's an american. he's born here. >> no. >> move on. >> alan -- >> he won't do that because he's dog whistling to the far right, that's why. >> this is what they want the conversation to be. every republican should reject this narrative. they need to just reject this notion that now they need to be running around genuflecting to the left, defending barack obama. maybe they should start defending -- >> all they have to do is say what mccain said. >> that was a mistake for mccain to do that. >> oh, no. >> obama and the left want even the republican race to be about obama and the left. it's got to be about the future for this country. the candidates know it. and this is, you know, look, this is a set-up. the situation with john mccain probably was not.

but they thought that that worked out really well for them, so they were going to do it again. the carson situation, look, he has said some strange things. i think he's a somewhat naive man. he's a brilliant man and a great role model, but the dynamic here is that the american people need to realize that they're being set up. and the republican candidates have got to stop adjusting to this narrative and solving for it. >> that's the republican party because your leading candidate is not talking about the issues. he's not talking about isis -- >> your leading candidate is under investigation by the fbi. >> if i could, please, not be interrupted. i didn't interrupt you. >> yes, you did, dear. >> okay. you go then. go. >> look, this is a conversation. >> i'll talk when you're done. >> yeah, well, i think i've made my point, and i think this also is an example of the nature of what's happening now where we've got to discuss the issues and not have the left and liberals set up the environment where it becomes these kinds of fights that accomplish nothing. jon: nobody -- hillary clinton was on television on the sunday show, nobody asked her if a muslim should be president.

>> because this is a republican party meme. you had a birther who's the lead candidate in the republican party. and that is why -- >> not going to work. >> excuse me. >> it's not going to work. >> excuse me. >> it just isn't. jon: all right. alan, final thought. >> i have nothing else to say. jon: all right. we'll have you back another time. alan colmes -- >> there'll be more next week. jon: thank you both. jenna. jenna: a big story we've been watching, jon, closely on "happening now." a woman and her boyfriend facing a judge for the very first time in the death of the little girl known as baby doe. police charge michael mccarthy with the murder of 2-year-old bella bond. her mother, roh shell bond, is charged with being accessory after the fact to murder. molly line is live outside the courthouse in massachusetts as she joins us with the latest. molly? >> reporter: well, jenna, as prosecutors reveal new details, the courtroom was absolutely packed. we heard some new details about the killing of this little girl

and also the dangerous people who were in her life. her mother accused of helping to cover the crime, her mother's boyfriend now faced with murder charges. the victim was not yet 3 years old when her lifeless body was found in a trash bag on a beach in late june. she was finally identified last week. her name was bella bobbled. her mother -- bond. her mother's boyfriend stood slack-jawed, his arm bandaged showing no emotion as murder charges were read. bella's mom is charged with accessory after the fact, both entering not guilty pleas. prosecutors painted a bleak picture of bella's short life, stories of the child being punished and yelled at, locked in a closet. describing the mother's account, investigators claim bond was crying and refusing to go to sleep. mccarthy said he would handle it. assistant district attorney david deacon described the scene. >> she found mr. mccarthy

standing over bella who was on a bed, which the mattress was on the floor, standing over bella with his hands near her abdomen. and when she looked at bella, her head appeared to her to be swollen, and her face was gray. she went to her daughter and picked her up, and she told police she knew at that moment that her daughter was dead. she asked mr. mccarthy what he had done, and he did not tell her, but he said she was a demon anyway, it was her time to die. >> reporter: despite a composite sketch being plastered on tvs and bill woards for weeks, no one reported bella missing. mccarthy is being held without bail. bond is being held on $1 million cash bail, both of them are expected back in court in late october. jenna? jenna: molly, thank you. jon: a gunman opens fire in a church, now an alabama man is in

custody accused of shooting three people including his own newborn son. why police say they believe he did it. plus, why wouldfires -- wildfires out west still putting lives and property in danger. the latest from the california fire chief.

jon: police in alabama investigating a shooting in church. a man allegedly shot his girlfriend and his one-month-old baby boy as well as the preacher who tried to intervene. they are all in stable condition. the suspected shooter, 26-year-old james minter, is now in police custody after he tried to run away on foot. police say he may have been upset over a recent break-up and visitation issues involving his son. jenna: well, wildfires still very much raging in northern california. the valley and butte fires together destroying almost 1600 homes. at least five people have died. the big question about what's next.

cal fire director joins me live now on the phone from sacramento, you'll likely recognize his voice as we continue to cover this story. chief, here we are almost to the end of september. are we through the worth of it? >> good morning, jenna. no, we're really not. as you know historically, california peak fire season are late summer, early fall. we still have the potential for santa ana winds in southern california and, quite frankly, northern california continues to be parched. jenna: and what makes it such a dangerous time of year? for so many around the country, we're going to start thinking about, you know, snow, the leaves changing color. we don't have that same experience as you do in california. >> so four years of drought, the vegetation statewide continues to be critically dry. we haven't had significant rainfall. until that significant precipitation comes in the form of snow or rain, we're really not going to see the vegetation condition change. jenna: so we've been talking mostly about the valley and

butte fires. this is where we've seen the most destruction when it comes to property and to lives as well. how are these fires today? what sort of containment are are we looking at? >> so fortunately, we're making progress. the valley fire is 75,781 acres but 70% contained, and the butte fire is 70,760 acres but 74% contained. so we continue to make good progress on getting full containment. jenna: and what's going to be key to getting that full containment? >> obviously, the commitment and continued commitment of all the firefighters and resources from not just cal fire, but from the hundreds of fire departments from around california that are making this work and, you know, and weather. we've been fortunate with some cooperative, cooler weather, but we're cautious because we're again breaking 100 degrees today and continue with some warm temperatures. jenna: for the fires that are still on the move, as you mentioned, it's great to hear some of that progress, chief. are the fires moving in directions of more highly-populated areas? >> right now, no.

we've been able to, again, really put in resources and protect the structures. but as you know, fire conditions continue to be extreme, and we're having over 250 tires a week in -- fires a week in the state. as we saw east of carmel over the weekend, a fire rapidly grew in monterey county to over a thousand acres. it's about moving resources and attacking those two fires to keep them small. jenna: we're just taking a look at the horrific scenes out of middletown, california, where basically this entire committee was impacted by the valley fire. what about the human toll in all of this? >> it's really -- that's the part that's really now unfolding. one, the number of structures that were destroyed, you know? whole communities displaced. and really the state, the state's office of emergency services and others working to coordinate the recovery efforts and insuring that these communities are taken care of and that we support these counties as they recover.

jenna: as you mentioned, just an unprecedented fire season, one i know you haven't seen in your career, and we'll certainly be thinking about those families because they're heading into the holidays, and this is so incredibly challenging. chief, thank you again for the time. we appreciate it very much, and we wish you the best of luck out there. thank you. >> thank you very much. jon: we are awaiting court action in a food contamination scandal that turned deadly as a peanut executive gets ready to learn his sentence. the long prison term he could face. plus, the apple app store is targeted. what you need to know to protect your iphone, your ipad and any other devices from malicious software. we're live with details. you total your brand new car.

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misswill turn anan asphalt parking lot into a new neighborhood for san franciscans. a vote for "yes" on "d" is definitely a vote for more parks and open space. a vote on proposition "d" is a vote for jobs. campos: no one is being displaced. it's 40% affordable units near the waterfront for regular people. this is just a win-win for our city. i'm behind it 100%. voting yes on "d" is so helpful to so many families in our city.

jon: let's check out what's ahead on "outnumbered" at the top of the hour. what do you have?

>> hey, jon. have viewers heard what hillary clinton said in her very first sunday show appearance in nearly four years? insisting she's an outsider and she say, i'm a real person. what do you make of that? [laughter] >> plus, carly fiorina skyrocketing to second place in one new poll, and reportedly looking to beef up her campaign. so what must she do to stay as the front runner? she's a real person too, by the way. [laughter] >> and outrage at a college fan's sign shown on espn. some are calling it offensive to women, but the network says it's just part of the game day experience. really? are they right? >> all that plus our #oneluckyguy. he's brought his robe, the judge is here. judge andrew napolitano top of the hour, we love him. jon: as long as he left the gavel in his office. >> can i'll check. gavel check, yeah. jon: see ya. >> see ya. jenna: right now we're awaiting the sentencing of a former peanut executive after he was

convicted in a deadly food contamination scandal involving peanut butter that caused a salmonella outbreak. nine people died and more than 700 others got stick. last year a federal jury convicted parnell of 72 counts related to the sale of these toxic products. now he faces more than 800 years behind bars. the federal judge does have the option of imposing a lesser sentence. we'll keep you updated as we hear more on this. jon: a first of its kind security breach hits apple's app store. it's a malicious software discovered in some popular chinese mobile apps. researchers say the infected apps could transmit information from the user's device or even allow access to hackers. jo ling kent is here with an update. this sounds pretty scary. >> yeah. a breach has happened on this very safe apple ecosystem. some of the most popular chinese apps available in apple's app store were infected with malicious software.

palo alto networks detected the breach and say more than three dozen apps have been affected including the version of uber in china and a messaging app used by 500 million people. the malware was specifically targeted at apple's ios mobile operating system. software developers mistakenly used a bad version of a tool kit containing malware that makes the app. it then could send out fake alerts that would allow criminals and spies to steal icloud passwords. apple told "the wall street journal" it removed the app and is now working with software engineers to make sure they're using the official tool kits. the apps also reported no personal information was actually stolen. by the way, the company that discovered this breach, that stock is up 17 so far this year, palo alto networks, and all of this is unfolding on the eve of xi jinping's state visit. he hits seattle tomorrow. president obama says

cybersecurity will be a top priority. jon: so i have we chat on my phone, am i supposed to delete it? >> update it, and a lot of these apps have already issued the new version. jenna: so they say update. you can't just say later -- [laughter] right? jon: i'm fond of, i'm fond of the later button. >> i'm going to add you now, jon. jenna: you didn't know he was so cool. what else do you have on that phone? let me see. we're going to look at this during commercial. in the meantime, thank you, jo. i'll let you know if i find anything out on john's iphone. new on "happening now," an explosive minefield found around a man's home what the homeowner says he was trying to protect. plus, a suspect arrested in the highway shootings that have terrorized phoenix, but he says police have the wrong guy. and we want to hear there you, would you consider voting for carly fiorina for the next president? you can join the conversation by going to

foxnews.com/happeningnow. ♪ ♪

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