you because, frankly, we knew you would respond. a 10-year-old was killed tragically in a boating accident this past june. his family wanted to do something positive, so they've created a movement called kindness for christopher. it is not a fundraiser, it is just a simply request that on the 24th of every month people do something kind for someone they don't know in little christopher's memory. they want those kindnesses to be his legacy. you can share your story about what you did on kindness for christopher g. on facebook, so good inspiration added to do something nice for somebody on the 24th. thanks for being here, everybody. "happening now" starts next. ♪ ♪ jon: and then there were 15. republicans left in the 2016 race for the white house. wisconsin governor scott walker is throwing in the towel and urging fellow republicans to do the same so the party can come together around a few alternatives to donald trump.

good morning, welcome to "happening now," i'm jon scott. jenna: hi, everybody, i'm jenna lee, and scott walker dropping out after a dramatic plunge in the polls from favorite to footnote at least over the last several weeks. walker never really stood out in the face of trump's bombastic style. but we'll get into some of the specifics of that. now walker says he wants others to join him in clearing the field for someone strong enough to take on trump. >> i will suspend my campaign immediately. i encourage other republican presidential candidates to consider doing the same so that the voters can focus on a limited number of candidates who can offer a positive, conservative alternative to the current front runner. jenna: we have a political reporter for the daily beast, jamie wine steer with the daily caller. -- weinstein with the daily caller. he didn't say trump directly.

betsy, is this all about donald trump? >> in a way, i think you can argue that. one thing that we looked at is the support that walker had among talk radio hosts, particularly rush limbaugh. limbaugh talked up walker for months. he loved him. he thought he was great. and then when trump came onto the scene, walker kind of got displaced. he was sort of shuffled to the bottom of the pack. he went from being a hero to a me too, that's the actual term, me too, that limbaugh used to talk about him. trump sucks up all the energy, and next to his glamorous and bombastic possessor that wouldty, scott walker started looking drab. jenna: jamie, do you feel the same way about his fashion and otherwise? [laughter] >> well, i think the answer to the donald trump question is everything is about donald trump. but i think largely there's two factors here that have to be noted. one is he just didn't have what i would call the it factor. he didn't command the stage.

that was a worry coming in, could he be like marco rubio and command the stage like president candidates need to do? you need to have that it factor. and, two, i think he overextended himself. he built a campaign too quickly, and when he wasn't performing the way people thought he should perform, donors didn't give to the campaign and he couldn't, therefore, afford to keep this apparatus that he created. those are the two things that did him in. if his campaign was a little bit leaner, maybe he could hold out and see if he'd have another moment in the sun, but he wasn't able to do that and, therefore, he's out. jenna: some of those issues have nothing to do with trump. nate silver had an article out today, one of those that we follow that really looks at the numbers for the campaigns, his article said scott walker may have been a terrible candidate or an unlucky one, betsy. he also mentions some of the things jamie mentioned, having some mission-critical problems with the campaign. but he also points out that

scott walker had fewer than 14 minutes in both debates, and that was the least for any candidate on the main stage for both of those events. so is scott walker also just unlucky? >> i think you can certainly make that argument that walker didn't do himself as many favors as you should have. and, look, a lot of the people who have done well in the debates have been very assertive. they grab the spotlight, they jump in, they challenge other candidates, they get challenged by other candidates. nobody really went after walker and gave him a chance to defend himself and make a case for himself. at the same time, though, it's not just that walker is a victim here. a lot of his problems were self-inflicted. he had huge trouble talking about immigration issues, he had trouble dealing with simple reporter questions. asked about building a fence along the northern border, he suggested maybe we should do that to keep it safe from all the illegal immigrant canadians, lots of baffling stuff that you can't necessarily chalk up just to bad luck. jenna: we look forward to the debate questions about the illegal canadians in this

country, jamie. [laughter] let me ask you this question, this is the broader question that this brings up as we see people exit the race. first this question, jamie. there are those that are amazing leaders, that are great leaders, and there are those that are amazing, great campaigners. who do we really want as president, and how does that question really weigh in to the remaining field? >> well, i mean, that's a great question, you know? it's sometimes you might be a great leader, but you cannot be elected in this day and age in presidential politics. think about mitch daniels. people wanted him to run, he was a great governor of indiana, but he also wasn't a commanding presence, he wasn't donald trump, he wasn't marco rubio in terms of his speaking ability. sometimes in this day and age you kind of have to have that it factor if you're going to be elected president, and that might not be a good thing, but i think that is reality. jenna: it's a little cynical, right? no offense, jamie, your point's well taken -- [laughter] >> i'm a bit cynical. >> sometimes the cynical

explanation is the fact-based one, right? we love celebrities, people who have ostentatious, over the top lifestyles. this is america, it's 2015, the kardashians are huge. of course that sentiment that that appreciation is going to bleed over into our politics. jenna: kanye at that point, mention the kardashiansful really quick, both of you, scott walker is bringing up this extra question about who actually is next. who is the candidate that you're watching to see whether or not they're on the edge? >> betsy, you first and then jamie. >> i'm keeping an eye on jindal and chris christie. both of them are having trouble getting attention, and we'll see. jenna: interesting. jamie? >> i'm going to say a surprise one, if he doesn't get in the next debate, maybe rand paul. someone who, you know, was supposed to be a front runner, and if he can't get on the debate stage, their that'll make him reconsider. jenna: and it really is about money.

if they don't have money to back it up, that can be the deal breaker. we'll see. fantastic conversation, great to have you both. appreciate it. >> sure thing, thanks. jon: one candidate who did make an impression in the republican debates is carly fiorina. her surging into the top ranks now bringing a sharper focus on her business record and her positions on foreign policy. that's what ms. fiorina will address about an hour from now in south carolina, home to the first southern primary. senior national correspondent john roberts live from the citadel military college there in charleston. john. >> reporter: jon, good morning. carly fiorina starts a three-day swing beginning here at the citadel where in about an hour's time she'll participate in a question and answer session on foreign policy and national security. fiorina has made national security and foreign policy a central focus of her campaign having traveled the world, met with world leaders as ceo of hewlett-packard. she's also a big proponent of rebuilding the military.

in an exclusive interview, i asked her to project hypothetically if she were elected president what america's national security posture would look like by the end of her first term. >> it will take time to rebuild our military, but we have to be well on our way. we have to have invested in those brigades and battalions and navy ships. we have to have invested in equipping our allies whether it's the kurds or the south koreans or the japanese or the australians. so the world will know the united states is leading, we're going to stand with our allies and confront our adversaries. >> reporter: in an appearance on the tonight show with jimmy fallon last night, she talked about foreign policy, she sang a song, and she weighed in on the pope's visit noting how democrats appear to be cafeteria catholics when it comes to the pope embracing some of his positions, ignoring others. >> i don't agree with him on all of his politics, for sure. but i certainly admire how he is

trying to break down the bureaucracy of the church in a lot of ways and go back to serving the poor and helping people. i do think it's interesting that, you know, democrats say, oh, he's so right about the environment, and he's so right about capitalism, but they don't really talk about his belief in the sanctity of life because that they don't agree with. >> reporter: coinciding with this three-day swing through south carolina, fiorina's superpac is releasing a full-length documentary calls citizen carly, much of it a prethemmive strike against -- preemptive strike against attacks of her business record. this is the type of film that romney supporters should have put out during his campaign back in 2012. jon? jon: john roberts keeping an eye on things in charleston. thank you. jenna: we're awaiting pope francis' arrival in our nation's capital today as the pope gears up for his first trip to the united states. and he certainly has a jam-packed schedule that kicks

off with an official ceremony with president obama and the first lady just a few hours from now. shannon bream is live from the national shrine in washington where pope francis will celebrate mass tomorrow. >> reporter: yeah, jenna, one of the biggest, most highly anticipated events of the pope's visit here to washington will be right here at the basilica. it is going to be when he celebrates mass with thousands of people. as you would imagine, security is extremely tight already although we're told for now there is no specific, credible threat at this time. >> we're most concerned about the unknown. if we had something specific and credible, we would be acting upon that to disrupt it, neutralize it, insure that no harm comes to anyone. >> reporter: as you know, the pope and president spent time together previously at the vatican in 2014. you may remember there was a bit of controversy then as the two sides gave slightly differing accounts of what happened in their meeting after it wrapped up. well, on wednesday when the president welcomes the pope to the white house, there will be

yet another potential source of tension, that's because of some of the people who will be on hand to greet the pontiff including gay catholic and transgender activists. white house press secretary josh earnest says this about how the tickets were distributed. >> i will say there is no theological test that was administered prior to giving out tickets to standing on the south lawn wednesday morning. >> reporter: vice president joe biden is expected to be among the 25,000 or so here for the mass tomorrow. we also expect that 2016 gop contender jeb bush will be here. the primary focus will be the canonization of a francis can who established nine different missions in what is now california back in the 1700s. by the way, brush off your high school spanish, because we expect most of the mass tomorrow will be this spanish here at the basilica. jenna: a good tip for all of us, thank you. jon: a judge reduces the prison sentence for a man convicted in a revenge porn case. he extorted money from women

after posting their nude pictures online. was the judge too lenient? what's this decision about? plus, volkswagen admits its tinkered we missions software to cheat on pollution tests. now the german automaker is paying the price bigtime. how much is it costing vw? fox business breaks it down. and we want to hear from you, are you disappointed that scott walker is out of the race? do you agree with him that other single-digit candidates should also bail and and unite behind anyone not named trump? our live chat is up and running, go to foxnews.com/happeningnow and get your thoughts into the conversation.

♪song: "that's life" ♪song: "that's life" ♪song: "that's life" ♪song: "that's life"♪ that's life. you diet. you exercise.

and if you still need help lowering your blood sugar... ...this is jardiance. along with diet and exercise, jardiance works around the clock to lower blood sugar in adults with type 2 diabetes. it works by helping your body to get rid of some of the sugar it doesn't need through urination. this can help you lower blood sugar and a1c. and although it's not for weight loss or lowering systolic blood pressure, jardiance could help with both. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint or lightheaded, or weak upon standing. other side effects are genital yeast infections, urinary tract infections, changes in urination, kidney problems, and increased bad cholesterol. do not take jardiance if you are on dialysis or have severe kidney problems. stop taking jardiance and call your doctor right away if you have symptoms of an allergic reaction. symptoms may include rash, swelling, and difficulty breathing or swallowing. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. so talk to your doctor,

and for details, visit jardiance.com. shift without a disaster.a my bargain detergent couldn't keep up, so i switched to tide pods. they're super concentrated, so i get a better clean. 15% cleaning ingredients or 90%? don't pay for water. pay for clean! that's my tide. jon: volkswagen feeling the heat in a cheating scandal over auto emissions. the german automaker now admits that 11 million of its vehicles were programmed to show cleaner emissions levels on tests. now vw is setting aside billions of dollars to cover the fallout as its stock price tumbles. charlie gasparino from the fox

business network joins us now with more. this is an incredible story. >> incredible story, and i think there's two stories here. there's the existential question for vw, do they survive this? stock was down 18% today, it's down a ton today. you know, that's signaling that the market thinks maybe this is a company that's in trouble, that could, you know, because of some regulatory issue be forced out of the u.s. or something along those lines, that there could be a criminal case here. now, the second thing is the obama administration has pledged to go after individuals, okay? do they use this as a test case for going after individuals for corporate misconduct? jon: so there could be high executives who apparently may have ordered this thing -- >> yeah. jon: -- who are in criminal trouble. >> and that's where i think the story goes next. does loretta lynch, who just came out about a week ago and said, listen, we have new directives here. we want our assistant u.s. attorneys, our, you know, the people at the justice department to go after individuals as much

as the companies. we want -- she basically said we want scalps. this would be an interesting case. obviously, it's a german company, i'm not quite sure how you indict someone in germany for something like this, but maybe it's someone here in the u.s. clearly, they were selling these in the u.s. there's got to be some jurisdiction for the justice department. jon: it was bad enough when we thought there were nearly half a million vehicles here in the united states that were affected, but now the big news is vocessing wagon is admitting -- volkswagen is admitting 11 million vehicles overseas are also so affected, apparently mostly in europe. >> yeah. that's what the problem becomes. there's two issues here. companies generally don't withstand indictments, although the justice d. is loathe to put -- jon: it's the world's largest automaker. >> i know. and that's where this thing gets really interesting, you know? forget about even the impact on what a criminal charge might be either here or there. have they suffered such brand

damage at this point? you know, people buy these cars for obvious reasons. you buy them because you want the lower emissions. jon: yeah. >> is this like a stake through the heart in terms of the vw brand? that's what the market is signaling today, that it could be. jon: there's an ad that has been running that you apparently can't find anymore touting vw's -- well, there it is. this ain't your daddy's diesel. apparently, the software inside the engines was rigged so that when you hooked up one of these pollution sensors to them, all of a sudden the engine would run clean, but the rest of the time when it was out running on the roads, it was running anywhere from 10-40 times dirtier. >> listen, i don't want to say this is negligence with intent, but it sounds that way. if it is that way, somebody is going to jail over this stuff. there's just no way around it. jon: and stepping aside from the big corporate issues, if i'm a volkswagen diesel owner and i paid, i don't know, $30, $40,000

for that car, what's my resale value going to be? the individuals who own those cars potentially have been hurt as well. >> yeah. i don't think there's much resale value because you'd resell to someone who wants a fuel-efficient car, which it ain't. obviously, it's going to be a massive recall. again, two stories here; existential for volkswagen, can it survive from a legal liability and a brand image issue, and then who gets nailed on this if this is as it looks like something with intent to deceive? jon: we know you'll be staying on top of it. charlie gasparino, thank you. >> thanks for having me. jon: jenna? oh, okay, i'm going to read this. [laughter] already seeing some legal fallout from the volkswagen scandal. we'll hash that out with our attorneys later in the hour. now it's your turn. jenna: thank you, jon. jury selection begins in connection with the murder of brian terry. that, as you remember, is the

border patrol agent's murdered which first exposed the fast and furious gun-running sting. we'll get into the latest on that case. also, refugees heading to western europe to escape terror and violence are. we're going to learn where they're headed next. ♪

we all feel the calling to build something great. ♪

jon: right now new information on some crime stories we're following. a split sentence for a revenge porn defendant. kevin baller sentenced to 18 years for extorting thousands of dollars from women after posting their sexually-explicit pictures on his web site. the judge ruling only that he has to spend eight of those years in custody. jury selection begins in the trial of two men charged in the murder of border patrol agent brian terry in 2010.

his murder exposed the botched fast and furious gun-running operation. the atf operation meant to track gun sales to drug traffickers instead wound up losing track of thousands of weapons, two of them found at the scene of brian terry's murder in southern arizona. and a 15-year-old california boy pleads not guilty to hurding an 8-year-old -- murdering an 8-year-old girl. a.j. gonzalez accused of beating and raping maddie middleton and dumping her in a recycling bin. the judge set an october preliminary hearing in that case. jenna: thousands of refugees fleeing their home country and if or that -- for many that includes a dangerous trip to an island this greece. >> reporter: hi, jenna. european ministers met today to discuss a quota system to rehouse and redistribute the hundreds of thousands of refugees coming.

meanwhile, the steady influx comets and at least two more people drowned and 300 rescued over the last 4 hours. eight of those picked up by patrol, brought to the capital for medical treatment after which they will be screened before taking the ferry to the mainland. today we followed a group of syrians, some of the lucky ones we saw coming across yesterday. but having survived the waters, they have now just realized how far ahead of them they have to go to find safety. to do so, they first need to register with the u.n. and greek authorities. they're fingerprinted, and their identities are checked. one of the hen we followed was 30 years old. he fled syria after he was arrested by assad's forces, accused of posting anti-assad comments on facebook. he was held for 18 months in tiny cells and beaten often before finally raising the money to buy his release. after scraping by in turkey, he decided to pay for his freedom again, this time to smugglers for $1200 for each of his family members.

this is the next leg of a very long journey. behind these people lie the treacherous seas, but ahead of them lies uncertainty. a 2,000-mile journey by rail, by bus and by foot. now they don't though which way to go, and they're saying they're going to take one day at a time using gps on their phones and trying to find out which borders ahead of them are open. he told us that taking this dangerous journey on the seas was worth it to find a better future and a better life. asked if he would ever return to syria, he said, no, probably not. there was nothing left for him there. jenna? jenna: quite a story, benjamin. thank you. jon: a former pee thought company ceo gets a virtual life sentence for his role in a deadly salmonella outbreak. why the judge handed down the toughest punishment in u.s. history for a corporate executive in a contaminated food case. we're live with an update to that story.

plus, we're awaiting the pope's arrival in washington, d.c. just as the race for the white house heats up. why some say the leader of the catholic church is very much in tune with the prevailing mood in american politics, next.

awe believe active management can protect capital long term. active management can tap global insights. active management can take calculated risks. active management can seek to outperform.

because active investment management isn't reactive. it's active. that's the power of active management. jon: a quick look at what's still to come this hour of "happening now." volkswagen's stunning admission that the car company intentionally faked emission tests, we'll take a look at the potential legal fallout. plus, a jury finds it was

not a tragic accident, but murder when a woman died during a hike to celebrate her wedding anniversary. what her husband had to gain from her death. and flash flooding making a real mess in the southwest. today it could get even worse. we're live at the fox weather center with an update. jenna: well, some new information on the fallout from sentences handed down in that deadly salmonella outbreak after one former peanut executive, the man that you see here, got what's the equivalent of a life prison sentence while his brother also learned he will spend decades behind bars in what are now the toughest punishments in american history for company executives in a food contamination case. jonathan serrie's live from atlanta with more on this. >> reporter: hi, jenna. that executive, stewart parnell, was sentenced to 28 years in prison. because he's 61 years old, his lawyers argue that this, essentially, is the equivalent of a life sentence. back in 2009 public health officials traced a deadly

salmonella outbreak to peanut butter made by parnell's company, peanut corporation of america, at its plant in georgia. the contamination is blamed for thine deaths and more than 700 reported cases of food poisoning in 467 states. a federal -- 46 states. a federal jury convicted him of defrauding customers by falsifying the results of lab tests that screened for food-borne illness. the courtroom was packed with families affected by the outbreak. parnell apologized for the first time. for some victims' relatives, it was too little too late. >> were they sorry for hi pain seven years ago? where were they when this was happening to me? >> reporter: many victims' families applauded the sentence. parnell was sentenced along with two co-defendants, his brother, michael parnell, was sentenced to 20 years in prison, and the plant's quality assurance manager, mary wilkerson, was sentenced to five years.

defense lawyers say they do plan to appeal. jenna? jenna: jonathan, thank you. jon: well, the pope arrives in washington just a few hours from now. our next guest says the leader of the catholic church is very much in tune with the political mood here in the u.s. where we see presidential candidates shaking things up and challenging the existing order. jerry seib writes in the "wall street journal," quote, pope francis is very much a man of his times, in sync with the dissatisfaction with the status quo that colors politics not just in the u.s., but across the western world. he may be tolling the trend, or -- following the trend, or he may be leading it. but one question about his week in the u.s. is whether he says or does things to accelerate it here. jerry seib is washington bureau chief for the "wall street journal" and joins us now. is this a different message than previous popes have brought to the united states? >> oh, i think absolutely, it's a different message not just to the united states, but it's a different message that the pope

has been spend sending to -- sending to the church worldwide since he took over. as you say, i think the defining characterrist isn't ideological, it is more a message that says the establishment has kind of lost its way, it's interested this rules and regulations and in perpetuating itself, and we these to change that. and his writings are sort of shot true and through with -- through and through with this thought that it's time to shake up the old order. if that sounds a little like donald trump and bernie sanders, that's hi point. this is very much an era of challenging the status quo, and that's certainly what pope francis is about. like donald trump, it's even more about that than it is about some particular spot on the ideological spectrum. jon: i remember one of pope john paul ii's visits to the united states was supposedly about trying to bring the american church back in line with vatican theology. in this particular case though you write that you believe pope francis is trying to shake up the vatican and the way the church overall is run. >> yeah, no, that's where it

really started for him there. a message to the vatican and by extension theture of hierarchy in general which is we should not be about laws and rules, we should be about being a giant parish which is, essentially, the metaphor he uses, and church leaders should be like missionaries going out to people and particularly poor people, spreading the gospel and basically focusing on those who have not. and this is an attempt to move the church away from kind of the established pattern which focused much more on dogma and much less on activities. that's a big change, but it also meant changing the way the vatican views the way it does its business. if you draw the parallel to the u.s. political system, lots of candidates in both parties say, essentially, we need to come to washington, this place just behind me, and change the way things work in the power structure there. jon: talking about politics, do any of the candidates, republican or democrat, do they try to piggyback on to the pope's visit are, try to harness some of that energy and

affection for the pope to, you know, juice their own political campaigns? >> it's a good question. i think that's a dangerous thing to do because people may see it as, essentially, phony or artificial and inappropriate. it is true, though, the white house is going to try to make sure that people focus on a couple of parts of the pope's message that the administration likes. obviously, climate change and income inequality. but, again, the pope is kind of an equal opportunity pleaser and offender. he'll say things that people on the progressive side of the agenda don't like. i think he's much more with the conservatives in the church on issues such as pro-life issues and even gay marriage than i think is popularly imagined. so you don't want to take too much for granted here. i think that trying to use the pope as a political tool or symbol is a dangerous proposition for anybody, no matter where they come there. jon: you noted there's a gallup survey out from the summer that showed american confidence in religion or, you know, institutions of faith is down

about 15% from a few years ago. the same can be said of the government too though. >> yeah. absolutely. and it's worse for the government, obviously, than it is for the church. the church has actually held up reasonably well over the last two decades which is the period of time that i looked at. other institutions starting with congress, again just behind me, much worse. but i think we live this an era of -- in an era of skepticism about large institutions in general. the church has not escaped that. i think one of the things that the pope wants to do is to reestablish a kind of confidence that the church knows where it's going and that it's going in a direction that people both who are catholics and not catholics, can appreciate. but, you know, that's a slow process. but in dealing with the institutional problems in terms of confidence and support, it's similar to what political institutions have. jon: it will be fascinating to watch. again, the pope about an hour away from arriving here in the united states. jerry seib from "the wall street journal," thanks. >> thanks, jon.

jenna: volkswagen getting ready to pay a big price after admitting cheating on emissions tests. why the automaker could be in even more trouble. plus, the verdict in a case of a man accused of pushing his wife off a cliff to her death. our legal panel weighs in next. ♪ it's the final countdown! ♪ ♪ the final countdown!

if you're the band europe, you love a final countdown. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do.

which means you can watch movies while you're on the move. sitcoms, while you sit on those. and even fargo, in fargo! binge, while you lose weight! and enjoy a good cliffhanger while you hang from a...

why am i yelling? the revolution will not only be televised. the revolution will be mobilized. introducing the all in one plan. only from directv and at&t. jon: the kentucky county clerk who spent five days in jail for refusing to issue marriage licenses to gay couples could end up back behind bars. lawyers asking kim davis to reissue several licenses which she altered to say they were issued pursuant to a court order, but davis says she is prepared to return to jail over her beliefs. >> my constituents elected he, but the main authority that rules my life is the lord. i can't put my name on a license that doesn't represent what god ordained marriage to be. jon: the lawyers representing the couple say if davis

continues to refuse, a judge should place her office in a receivership to issue new licenses. jenna: many volkswagen owners outraged after the automaker admitted installing software in diesel-powered cars that could fake emission tests. owners coming to grips with the realization that their cars could emit 10-40 times more emissions than they thought. the automaker setting aside more than $7 billion to deal with costs and other expenses in this scandal that is tarnishing its reputation, hurting its stock. but the question is, you know, could someone go to jail for this? joining us now, lis wiehl and remy spencer. lis -- >> yes, absolutely. jenna: who? >> it depends on who actually gave the executive order, who at the top said do this because it's completely fraud and deceptive advertising under the federal act. so, absolutely, they're in trouble civilly. they've already put the money aside for the reparations, but now criminally, who gave that order?

and was anybody hurt because of that order? now, we don't think there were any actually injuries, but there were false emissions, that kind of thing. criminal charges? absolutely. criminal fraud. jenna: i'm curious about the injuries part of it, because here we just had this huge case against this peanut executive that knowingly knew that his product was contaminated. people died. hundreds were sickened, remy. and so is that's a little -- that's a different situation. >> you're right. jenna: but it is an executive that knew something was wrong and allowed it to happen anyway. so do you agree with lis that, you know, we could see a top executive at volkswagen go to prison? >> i do think so. this may be the test case. there are a number of complicating factors, not just the lack of injuries. fortunately, unlike the peanut case, we don't have death or serious bodily injury. however, we have high-level executives who purposely, not just knowingly, but they purposely defrauded the consumer to hide something that was dangerous and unlawful in order

to sell their products. >> exactly. they did a cost benefit analysis. jenna: you think that's what motivated it? >> remember way back in the day with the pintos, right? the executives in that case said, hey, you know, we're going to make a cost benefit analysis. people will die because their cars will explode, but we will pay those people off, and we'll make more money on selling these pintos. that was a cost benefit analysis. >> and lis is right. this is a hot button issue, an important topic for the white house right now. we know that the obama administration is taking a very firm stance on environmental issues, and i could imagine that this volkswagen case being their case, the one that they're going to make an example for everybody else. jenna: it was interesting this the new york times, interesting perspective from a buyer of one of these cars said, you know, i was really looking for a fuel-efficient vehicle, and most of them just didn't have the same get up. then i got into this volkswagen -- better right away. now i know why, because, obviously, it wasn't fuel efficient at all.

what happens though, lis, it's very likely for this company that a company there overseas -- >> right. jenna: the people that could be charged are not american citizens. >> that's the jurisdictional problem, that's what remy's getting at, that's why it's a new case, first impression. what's going to happen first, i believe, are all these civil action cases. that doesn't matter whether the company's in germany or not. civil action cases that have already been filed in seattle, i believe, saying we're going after the company. jenna: do you get a new car out of this? >> reparationings. >> i think that the only thing they can do now after making a thorough and complete apology, do an investigation, figure out how this happened and then offer whatever kind of mitigating factors whether it's new cars, better cars -- >> buy back the car, right. >> -- giving the consumer money. because who is going to be able to sell their volkswagen now? it's not a marketable item any longer. jenna: well, we'll see what happens next in this case and where some of these, what

happens for some of these drivers around town. polluting everything. no. we're going to move on to this other case as well. this is a case we've been following closely on "happening now." a federal jury convicts his man of murdering his wife and agreed with prosecutors that 59-year-old harold henthorn, pardon he, staged his wife's death to look like an accident so he could collect millions in insurance money. his first wife was crushed underneath the family car. her death was ruled an accident. this case went differently, remy, because they found a map, investigators, with an x on the spot where his wife tumbleed to her death. his lawyer is saying we're going to appeal because no one saw him push his wife. >> well, what else can his defense attorney say right now? i'm a criminal defense attorney but also a former prosecutor, and this is an example of a case where prosecutors did their job at the best and highest level because the defendant didn't testify at trial. the reason i believe he was

convicted was because of all of his pretrial, probably uncounseled statements to law enforcement in order to gather the evidence. he told different stories, conflicting stories. they found a map with an x on it which is exactly the same location where her body was found. so this was not an easy case for a conviction, but at the end of the trial, you know, the jury deliberated. in less than one day, they found him guilty which is very unusual. jenna: we couldn't pass up all these coincidences. >> no. x marked the spot. he put -- you can't even make stuff up. this is where i'm going to throw her over. when he was asked about that, he didn't know what to say. probably uncounseled, didn't have a lawyer. and there's a little matter of $4.7 million in life insurance that apparently he was paying the premiums on that she didn't know about? come on. they're right. the defense could only say there's no direct evidence to say they saw him push her over, but that doesn't matter. circumstantial case evidence, which this is, are strong cases.

jenna: so does an i a peel -- appeal go through regardless? >> of course they have to appeal. jenna: what about the first wife, again, it was ruled an accident. it was really a horrific description of a way the die. basically he said that he was fixing a flat tire, she was underneath the car. there was an accident when he tried to get the car off the jack, and is they couldn't save her. >> right. >> and, you know, some people might consider it to be an accident, but it's certainly a case that's being reopened and being investigated by law enforcement. now that this man has been convicted of killing his second wife, they're going to look at what happened with his first wife. i suspect he'll be charged and indicted and probably tried in that case as well. >> right. jenna: she was cremated. there was a footprint found in on the car which makeses you wonder did someone help that car fall. >> oh, you think so? how hard is it to date these days? jenna: he's not going to be dating anybody for a long time. strange stories.

lis and remy, thank you both. jon: except maybe in prison. [laughter] the boy who brought a clock to school and got arrested for it will not be going to that school anymore. what his family says is next for the student and his siblingings. plus, heavy rain for the american southwest, that could lead to even more dangerous flooding. i take prilosec otc each morning

for my frequent heartburn because you can't beat zero heartburn! ahhh the sweet taste of victory! prilosec otc. one pill each morning. 24 hours. zero heartburn.

jon: let's check out what ice ahead on -- what's ahead on outnumbered at the top of the hour. >> and then there were 15, but wisconsin governor scott walker not going quietly from the 2016 race. what's behind his extraordinary request of most of the remaining candidates? >> plus, the fbi reportedly refusing to cooperate in the hillary clinton e-mail investigation, so are they stonewalling? >> and yet another high school

football player accused of a dirty and dangerous play. what's happening in youth sports right now? >> we will ask our hashtag one lucky guy, football hold of famer fran tarkenton. yep, he's here for the first time, a legend, top of the hour. >> so excited. jon: and he's great television. >> yes, he is. >> that's incredible. bye. -and-a-half the family of a muslim teen this dallas pulling him and his siblings out of school. ahmed mohamed got in trouble for taking a clock to school. he says he aaccessibled the -- assembled the clock at home, took it to school to show his engineering teacher, but another teacher saw it. his father says they're still deciding about where to send the children to school. jon: now a fox extreme weather alert. heavy rain ares expected to soak the southwest today, that could lead to more flash flooding across the region.

in arizona torrential downpours across dry terrain forcing road closures and detours. flash flood warnings are up there. maria molina has the latest. >> reporter: hi, jon. you said a key couple terms there, one was dry terrain, and that's really the big concern across parts of the southwest. it's so dry that any little bit of rain that you receive across places like southern california and also into arizona and new mexico, you're going to be looking at that possibility for flash flooding, and that's what we saw yesterday across southern parts of arizona. and you can see that on the radar we still have some areas of rain out here, heavier batches as we head farther east across parts of the texas panhandle. yes, rain continuing to fall across parts of arizona and into new mexico. we've seen approximately one to even two inches of rainfall, and that is enough to produce flash flooding, so that's what we've been seeing. the forecast is for that rain to continue throughout the day today but then it starts to

shift eastward, and we're going to start to see heavy rain anywhere from the texas panhandle up into parts of the upper hid west, and it could come down heavily at times here. shifting eastward, you can see that the forecast calls for as much as four inches of rain, locally even some higher amounts with thunderstorms that develop. and by the way, today we could see some thunderstorm activity across parts of minnesota and also the dakotas, it's just a marginal risk, but that risk is there primarily for some large hail from some of these storms. still very summer-like across parts of texas, arkansas, temperatures there widespread into the 90s but not bad in the northeast, parts of the upper great lakes. take a look at some of those temperatures for today, very fall-like, 70s and 60s very widespread. over to you. jon: if only we could move that rain in the southwest, give it to california. they need it. >> reporter: yes, they do. jenna: new in the next hour of

"happening now," a house explodes in a texas neighborhood. investigatorrers working to figure out what triggered it. plus, a democratic battle between hillary clinton and joe biden, is that coming soon? what it would mean for the presidential race.

. . . . . . [ male announcer ] some come here

to build something smarter. ♪ some come here to build something stronger. others come to build something faster... . . something greener. something the whole world can share. people come to boeing to do many different things. but it's always about the very thing we do best. ♪

jenna: new study says key to happiness at work is actually free food. consider the source. it is survey by the grocery deliver service peapod. it shows companies providing free food have happier employees. 56% of the full-time employees are happy with current job. that jumps to 67% among those with access to free food. snacks may even lure employees to new companies. 48% of the respondents say they would weigh perks such as free snacks into their decision. jon? jon: we were talking about this story during the break. there are other floors, not where our offices are in this building that have free food. jenna: they have ice machines. jon: we don't have. jenna: you know who you are. you are listening right now.

we'll be on your floor. jon: sales force. jenna: i mean, obviously it can really affect the environment. jon: yeah. or it can make you crank sy if you don't get free food in your office. jenna: we're hungry. it is our lunch break. see you back here in an hour. jon: "outnumbered" starts now. ♪ >> this is "outnumbered." i'm harris faulkner. here today, andrea tantaros, host of "kennedy" on our sister network, fox business's kennedy herself. co-host of "fox & friends first" ainsley earhardt. today's #oneluckyguy, nfl hall-of-famer, three-time veteran super bowl quarterback, and author and entrepreneur, fran tarkenton. his latest book, turning life's setbacks into wins. we remind fran in our huddle he is you'd r outnumbered. >> this is terrible shore for me to be here among these women.