there's a big question how it's going to be applied. i'm jenna lee. jon: and i'm jon scott. those talks come after russia launched a new round of airstrikes in syria. syria president bashar assad, russian officials claim their fighter jets were carrying out strikes on isis targets, but folks here in the u.s. and on the ground in syria are claiming the strikes are killing civilians and u.s. allies. doug mckelway live at the pentagon with the latest. >> reporter: jon, things are happening on multiple fronts in this fast-moving story. first, as we speak, a spokesman for centcom in baghdad is expected to brief reporters momentarily on these latest issues with the soviet airstrikes. the pentagon press secretary, peter cook, will then brief reporters here at the pentagon shortly after that. in the meantime, to make a complex situation even more difficult, fox news has now confirmed that iranian troops have now arrived in syria

apparently to commence ground attacks against anti-assad syrian rebels. this is not a surprise to mesh military officials -- to american military officials, telling fox news and i'm quoting here, it has always been understood in this building that the russians would provide the air force, and the iranians would provide the ground forces in syria. and keep in mind that the head of the iranian quds force, general suggest manny, met with officials last summer. that the iranian quds force has operations throughout the mideast including in iraq, in syria, in yemen and in lebanon suggests that iran and russia are conspiring to become the dominant players in the volatile region of the middle east, something that putin's chief of staff denied in a television interview just today. listen up. [speaking russian] >> translator: the first and most important thing to say as we are talking about syria specifically, and we are not talking about the pursuit of some political goals or ambitions which are regularly

accused by our western partners. we are talking about russia's national interests. >> reporter: in the meantime, secretary of defense ash carter told reporters just yesterday he believes what the russians are saying is true. >> i take my, the russians at their word. there's no, they're exceptionally clear about what they're saying, and their actions now seem to be reflecting what they said they were going to do. my problem is that i don't understand what they're doing, i think my problem is that i think what they're doing is going to backfire and is counterproductive. >> reporter: we are told that these deconflict talked have commenced as of right now via teleconference from the pentagon to moscow. these are being undertaken at the assistant secretary level. jon? jon: tense times on, in both places. doug mckelway, thank you. jenna: my next guest is not surprised that the russian airstrikes are not actually

targeting isis terrorists. brett stephens writes "the wall street journal"'s foreign affairs column read widely by many of our leaders. why are you not surprised here? >> well, look, there's always been, actually, a benefit to the assad regime to have isis as its principal enemy. and for a long time the assad regime refused to go after isis as its primary target. it went after forces, some of them allied with the united states, other jihadist groups because assad understands that if you have a battle in syria between a group that is as feared and as violent as isis and assad, he will look like the better alternative. so it comes as no surprise whatsoever that the first targets russia would pick would not be isis targets. that may be an eventual target, but people should understand that what russia is doing is shoring up a client and shoring up its place in the middle east. it's not taking the fight against terror. jenna: let's talk about who russia is partnering with.

when you look at the targets, homs being one target, these are majority sunni cities. >> yep. jenna: you also have russia pairing itself with iran, with the shia government in iraq, the shias in iran as well and the shia-backed allah whites --al lo weitz. when we talk about sunni versus shia is that part of what's going on in the middle east? >> sometime in the summer when sulemani, who's the head of the quds force of the ir -- of the iranian revolutionary guard corps, took an illegal trip to moscow. he's under international sanks. and for russia, it's a very clever game they're playing because they're shoring up a client in syria, they're strengthening a foothold in that country without making too much of an investment. they're creating a strategic partnership with iran and, most of all, they're also getting themselves a bargaining chip which they can use in any number

of situations. let's say, for example, that we want something out of, from the russians in terms of their behavior in ukraine. they now have that position in syria to say, well, why don't we have a broader discussion. so with a really minimal investment, they're gaining huge leverage. jenna: what's our next move? >> well, what this administration is going to do, you've been hearing about these talks which is just ap effort to make sure the rushes don't, say, shoot down on an american drone or an american-piloted plane, i understand that on a tactical level. the worst thing we can do is simply accept this russian status quo. what we ought to be doing is creating safe havens and no-drive zones in syria, a, to abate the refugee crisis and help in the humanitarian way, but also create the conditions we did for the kurds in 1991 after the gulf war. remember, we created a safe zone for the kurds. that kurdish region became an autonomous zone and actually helped us in the second war and is now the only really stable

part of the area today. jenna: let me ask you a deeper question about american leadership. vladimir putin in his "60 minutes" interview gave us a punch to the gut saying when you remove legitimate governments, you see what happens. you see what happens in libya, you see what happens in iraq. and, of course, that plays to american insecurity about whether or not our immediate track record in the world really shows that we know how to lead. but our leaders have to figure out answers to those questions immediately so we can actually act. how do we find the answers to those questions about what american leadership really looks like right now? >> look, it's really rich coming from vladimir putin, a guy who just removed a legitimate government in crimea and then in the eastern regions of ukraine to talk about legitimacy. and let's remember that in both libya and in syria what, in fact, happened were massive popular upheavals against dictatorial governments. the truth is that when you have situations, these kinds of upheavals, america needs to find

friends, back them to the hilt. doesn't mean sending in hundreds of thousands of american troops, but it makes -- it means making the kinds of investments where we can be on the winning side of a civil war and make sure that it doesn't spiral out of control. the alternative is we create power vacuums as we have in iraq, as we're doing in afghanistan, as we have in syria and into those vacuums players like iran, players like russia move in. and they have -- and they have a lot to gain there. everyone's saying this is going to be russia's afghanistan. that's such nonsense. the russians had hundreds of thousands of troops in afghanistan. they were bled dry there. russia right now is putting in maybe 2,000 troops, 3,000 troops. it's a very small investment on their part which gives them an incredible range of opportunity. jenna: is it too late for us to get involved, to be a player? >> no, i don't think so, because the crisis is only going to get worse. be you're anxious about, say, the hundreds of thousands of refugees that came this year into europe, it's going to get worse. i think we have to move.

we have to create those safe areas. we have to get allied with the kurds who are a very valuable ally and start creating a strategy where we can create spaces to finally get rid of the assad regime while fighting isis. jenna: we'll see if we hear anything from the pentagon. we expect a statement in about 20 minutes or so. brett, thank you. jon? jon: and more trouble from russia, russian hackers may have tried to penetrate hillary clinton's private e-mail account. four years ago she received via e-mail five phony traffic tickets, apparently a phishing scam trying to get her to click on links that would open up malware. of we do not know whether she fell for it, but sources tell fox news teams of russian-based hackers targeted the state department with a blast of dirty e-mails. chief intelligence correspondent catherine herridge has more now from washington. catherine? >> reporter: thank you, jon, and good morning. a private sector i.t. security researcher tells fox news the

details of the e-mails sent to mrs. clinton's private server are in line with a phishing campaign carried out by russian-based hackers. these are the suspect e-mails labeled uniform traffic ticket from the new york department of motor vehicles. opening the attached zip file would infect the device allowing for the theft of data. the fbi investigation is actively looking for evidence mrs. clinton's server was compromised, and the issue was front and center on capitol hill. >> if an nsa employee came to you and said, hey, boss, we have reason to believe russia's foreign minister or iran's foreign minister is conducting official business on a private server, how would you respond? >> from a foreign intelligence perspective, that represents opportunity. >> reporter: mrs. clinton has not driven herself since 1996, so this phishing scam may not

have been convincing enough to quote, we have no evidence to suggest that she applied to this e-mail or opened the attachment. as we have said before, there is no evidence that the system was ever breached. but a well-placed cyber intelligence source tells fox news the mere fact that mrs. clinton was targeted is, quote, a game changer because the risk is no longer hypothetical. her e-mail address was discovered by an outside entity which left her and other government employees open to compromise. jon. jon: there could be more information to come. i know you'll stay on it. >> reporter: i think, thank you. jenna: new trouble for the secret service after dozens of agents were found to have improperly accessing congressman chaffetz's unsuccessful application to the agency. the utah republican who was, at the time, heading up the information into the -- investigation into the agency's very public scandals. shannon bream has more.

>> reporter: the 29-page report makes clear federal privacy law was violated numerous times as congressman chaffetz's sensitive personal information was repeatedly accessed. he said what the report exposes is behavior that crossed the line adding, quote, it was a tactic designed to intimidate and embarrass me and, frankly, it's scary to think about all the possible dangers in having your personal information exposed. the work of the committee, however, will continue. i remain undeterred in conducting proper and rigorous oversight. chaffetz has been a vocal critic of the secret service digging into allegations of misconduct in his role as chairman of the house oversight committee. during a contentious time, the inspector general report points to an e-mail which in the agency's assistant director wrote this, quote: some information that he might find embarrassing needs to get out just to be fair. responding to the report, secret service director joseph clancy says the secret service takes employee misconduct very seriously, and as i have stated

before, any employee -- regardless of rank or seniority -- who has committed misconduct will be held accountable. this incident will be no different, and i will insure the appropriate disciplinary actions are taken. both chancy and homeland security secretary jeh johnson have publicly apologized to chaffetz. johnson outlined the conduct in the report will not be taken lightly. jon: a former adult web site performer learns her fate after luring a man across the country only to beat him severely with a baseball bat. plus, the battle between the politicians and the political outsiders in the race for the white house. hear who is surging and falling in a new poll. and on that score, we want to hear from you. who are you more likely to support, a political outsider or a candidate who has held elective office? our live chat is up and running, go to foxnews.com/happeningnow.

jenna: right now some crime stories we're following. a man accused of shooting at motorists along a phoenix freeway is in court for an arraignment. prosecutors say it could lead to 100 years in prison, he says he's innocent. oklahoma's governor granting a last minute stay of education to review -- execution to review a new drug used in the procedure. he was supposed to be put to death yesterday for the beating death of a motel owner. he didn't do it directly but, apparently, he hired someone to do it. he insists he's innocent and should not die for the crime. and a former adult web site performer in oregon sentenced to nearly six years in prison. haley fox met the victim through the site and maintained a long distance relationship for years. within minutes of him arriving from alabama to meet in person, she attacked him. jon: let's talk about america's

election headquarters now. so-called outsiders once again riding atop the latest poll of republicans for president. donald trump strengthens his lead in do latest "usa today" poll with 23%. ben carson and carly fiorina each ten points behind him, gaining ground on candidates who have political experience, none of whom cracked the single digits. you can see marco rubio at 9%, jeb bush at 8%. they round out the top five. so let's talk to larry sabato, director of the center for politics at the university of virginia. that "usa today" article, larry, quotes a woman in little rock who gives donald trump kind of a backhanded compliment. she says, unfortunately, i'm leaning toward trump only because he's a non-political figure. is that what voters are looking for this time? >> yes, and that lady should be a political commentator. she nicely encapsuled much of the emotion of this election.

she also said i'm trying to send them a message. and that's what a lot of voters are doing. jon, politicians are never popular even in the best of times. they seem especially unpopular this year and especially on the republican side. so a lot of voters are saying throw the bums out, let's send them a message, and a solid majority of republicans are opting for one of the three candidates -- trump, carson, fiorina -- who have not served in public office. jon: four years ago in the runup to the 2012 elections, there were people who, you could argue, were outsiders at the time who each took a momentary turn atop the gop polls. rick perry, governor of texas, was on top for a while. herman cain, a businessman, was on top for a while. even newt gingrich, who'd been out of washington for a time, was on top for a while. is this something thats around every four years -- that comes

around every four years, or is this election cycle different? >> well, you know, it's four months, as of today, to iowa. and, jon, my guess is -- and we're all guessing as to what will happen -- i tend to look at the early season of a party's selection process for president as a roller coaster. your going to have people going up and going down and people dropping out. there are four more republican debates until february 1st. of course, there are finally going to be democratic debates. and so you've got four of those scheduled as well. and lots of other events that we can't anticipate. but my personal guess is, yes, it's going to be a roller coaster. jon: and, ultimately, polls don't matter. what matter is votes, and we're a long way in casting any of the first votes in this election. >> the first votes come, and it's just a handful, in iowa on february 1st. this process is a war. it's a series of 57 battles. fifty states, the district of

columbia and six territories stretching all the way to june. so buckle on your armor, because it's going to be a long haul and a lot of fighting. jon: but do you see, you know, the folks who run the republican national committee, do you see them throwing open the doors and welcoming in a donald trump or, you know, a ben carson, somebody who is not necessarily, has not come up through the republican farm system? >> no. [laughter] i don't think they'll welcome him. jon: okay. >> but, you know, people in the process do what they have to do when they have to do it. if it happens that the nomination goes in that direction, they will do their best to accommodate because they have to worry about, for example, the senators on the ballot, the house members on the ballot, the governors on the ballot. so they have a lot of things to think about, and it will cause them to encourage the party to close ranks to the extent that it can. jon: fascinating electoral season. larry sabato from the university

of virginia's center for politics, thank you. >> thanks, jon. jenna: well, a new effort by walmart to streamline some production will apparently come at the price of jobs. where exactly those cuts are expected and one of our biggest retailers in the country. and mexico's government trying to overcome the embarrassment of "el chapo"'s escape. what's happening and what it means for some very dangerous druglords. a good turkey sandwich. the right way to eat it? is however you eat it. panera. food as it should be.

jenna: a fox news alert, and all eyes on hurricane joaquin. the new jersey governor is holding a news conference because of preparations for the storm. in fact, he just delareed a state of emergency -- declared a state of emergency ahead of the hurricane which we still have a few different paths for that hurricane which we're going to get into a little bit later on with our fox weather center. but governor christie back in his home state.

as you know, a presidential candidate. worth noting that hurricane sandy for governor christie was, obviously, a big event during his governorship but also his warm reception for president obama was something that some could say has cursed him since that time. at least within certain republican groups. so it'll be interesting to see chris christie not taking any risks here, any chances, trying to declare a state of emergency ahead of this storm. in the meantime, also some more impact in the campaign trail for 2016. donald trump is canceling an event in virginia beach, talking about the 10,000 people they expected but because the storm's path, they want to make sure that everybody's safe, so that event will not take place. we'll keep you posted as we hear more about the hurricane and where it's headed. in the meantime, greater efficiency coming at a price for hundreds of walmart employees. the retailer will cut as many as 500 jobs at its headquarters in arkansas as it turns its resources to e-commerce and

provides wage hikes for store workers. walmart employees, 1.3 million people across the united states, but it isn't the only retailer cutting costs and jobs. target, in fact, cut 1700 jobs at its headquarters earlier this year while whole foods announced it would eliminate 1500 jobs, so this is something we're going to be watching closely. jon: mexico's government is changing strategy, extraditing 13 dangerous drug kingpins wanted on an array of charges from drug trafficking to killing americans. this all comes after the u.s. requested mexico to extradite el "el chapo" guzman who then escaped from a high security mexican pri. william -- prison. william la jeunesse is live in los angeles with more on this change in heart from the mexican government. >> reporter: mexico doesn't want to make that mistake again, hence the cooperation. i want to tell you about something i i just learned about the 13th defendant being extra extradited. that case is currently you

should seal, but -- under seal. zapata and another agent were leaving the city when the zetas cartel ambushed their vehicle. zapata actually cracked the window. agents found 83 shell casings from assault rifles. now, yesterday the attorney general identified the 12 other men extradited to the u.s., a bombmaker and several high-level drug traffickers including edgar valdez. he's a dual citizen born and raised in texas. he headed the enforcement arm of the beltran cartel. nicknamed the ken doll by his football coach because of his light skin and green eyes, police say he is responsible for 150 fatalities, many of whom he tortured or beheaded while videotaping their death. mexico also extradited

jean-baptiste kingly, a bombmaker accused of selling bombs to the cartels. the atf caught him while trying to cross the border, but the u.s. attorney's office twice refused to indict him. finally, atf agents working with mexico arrested him, found a lot of explosives at his home. others include a man wanted for the murder of three u.s. consulate employees, an accused rapist and the former leader of the zetas cartel. all have active warrants here in the u.s., and they will be flown to those jurisdictions later after arriving here for arraignment. bottom line, jon, i am told that u.s./mexican law enforcement relations are improving considerably with several different agencies. back to you. jon: and where will they go? they'll be scattered around the country, it sounds like? >> reporter: yeah. i mean, active warrants in georgia, washington, d.c., new york, los angeles. i believe they're going into tucson. they'll be arraigned there and then be flown out to those other jurisdictions where the warrants are.

jon: sounds like good progress there. william la you necessary, thank you. jenna: benjamin netanyahu preparing to address the u.n. general assembly after the palestinian president say the palestinians won't be bound by any agreements with israel. how will mr. netanyahu react? what else will be on his agenda? we're going to talk live to a former israeli ambassador to the u.n. and get some insight on that. plus, eye on joaquin. the hurricane could get even stronger as it heads up the east coast. the latest on its track and the states nay be impacted -- that may be impacted the most. ♪ ♪

i know - and thank you so much for that. i think we should get a medicare supplement insurance plan. right now? whether you're new to medicare or not, you may know it only covers about 80% of your part b medical expenses. it's up to you to pay the difference. so think about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they help cover some of what medicare doesn't pay. i did a little research. with a medicare supplement plan, you'll be able to stay with your doctor... oh you know i love that guy. mmmmhmmm. these types of plans let you visit any doctor or hospital that accepts medicare patients. and, there are no networks. is this a one-size fits all kind of thing?

no. there are lots of plan options. it all depends on what we need. and how much we want to spend. call now to request your free [decision guide]. it could help you find an aarp medicare supplement plan that's right for you. what happens when we travel? the plans go with us. anywhere in the country. i like that. you know what else? unitedhealthcare insurance company has years and years of experience. what do you say? i'm in. join the millions already enrolled in the only medicare supplement insurance... plans endorsed by aarp. remember, all medicare supplement plans help cover some of what medicare doesn't pay. and could really save you in out-of-pocket medical costs. you'll be able to choose your own doctor or hospital as long as they accept medicare patients. and with these plans, there could be low or no copays. you do your push-ups today? prepare to be amazed. don't wait.

call today to request your free [decision guide], and find the aarp medicare supplement plan to go the distance with you. go long. jon: a quick look at what's still to come on "happening now." a jury convicted a lacrosse player and convicted him of beating his girlfriend to death. why the highest court in the slapped could take up his murder case. donald trump and what some are calling a love tap. to whom he directed it and why he did it. jenna: hurricane joaquin is bearing down on the bahamas. the category three storm is expected to get stronger as it moves northward.

meteorologist maria molina is live at the weather center. >> reporter: i first want to show you what's going on with the storm right now. maximum sustained winds stronger since the update from the national hurricane center. 125 miles per hour. it's still a category 3 hurricane. it's moving southwest at 6 miles per hour. it has not don't northward turn we are expecting. we'll watch that closely. but something of concern is we have life-threatening conditions across the bahamas. strong winds and locally heavy rains. especially the central bahamas where the worst of the conditions are expected. and it's for a long period of time. it hangs around the bahamas

throughout the day today. many areas still look at winds of over 90 miles per hour. so very significant out here. here is a look at the tropical models and possible impacts to the eastern u.s. you can see they are all over the place. some of the reliable models we like to look at are trending towards the east. that's great news for anyone that lives out there. this does not mean you need to take your eyes off the weather. because a lot can change and we can see the models moving toward the coast. but right now the forecast is for the storm to track northward. the national hurricane center shifted their track to the east. you are still in the forecast cone of uncertainty. this could be moved around westward or eastward.

so that will be of course welcome news. regardless of whether the storm makes landfall in the u.s. watches have been issued across parts of the coast and extending farther north into the northeast. we are seeing a lot of heavy rain being forecast across the carolinas. that shading is more than a foot of rain across south carolina and north carolina. this will be something to watch as well the next couple days. it's very significant and it could be a dangerous event as well. jenna: we have the models now. how often will they be updated? >> about every 12 hours or so. so 11:00 a.m. eastern time, we'll get the new update at 2 degree. and it depend on what they are thinking.

if they see a major development they will issue an update as well. jon: a fox news alert. we take you to the united nations where sergei lavrov is holding a news conference answering questions. you can bet russian airstrikes in syria are a big part of what he's being asked about right now. we are also awaiting israeli prime minister benjamin netanyahu. you probably remember the last time mr. netanyahu was in the united states he addressed a joint meeting of congress speaking out against efforts to hammer out a deal against iran's nuclear program. dan gilliam for ther ambassador to the united nations. good to have you on.

many observers speculated essentially having railed against the iran nuclear deal and having seen it signed by the administration, that the prime minister will move on to other issues. what do you expect to hear from him today? >> i expect the prime minister still to warn against the very grave consequences of this very bad deal with iran. the prime minister may very well be a voice in the wilderness. he will be warning the world against a nuclear iran while the world is actually celebrating the agreement with iran. he will be talking about the israeli-palestinian conflict and reflying a stern way, i believe to the speech of president mahmoud abbas yesterday.

but i believe that the. he feels it's his duty as the leader of israel, to be the canary in the coal mine. and even if it's note popular to warn against a bad deal with iran, and the very, very. jon: the oslo peace accord brokered by president clinton and signed by rabin, it's believed that cost him his life. what does it mean for israel? >> israel can live without accord. the main consequences should be for the palestinians who will

lose a lot of the things, including recognition of the plo which the oslo accord gave them. i think the very strange performance by prime minister abbas demonstrated the frustration and the weakness of abbas himself and the palestinians. but i think israel will not give up it quest for peace. israel will continue to try, together with the united states, to rally the moderate in the arab world maybe with the leadership of el-sisi of egypt. i believe we do have a unique opportunity maybe historic opportunity to reach this agreement to try and weaken the extremists and strengthen the moderate. we are witnessing a more i

disisn't it gracious of the middle east -- we are witnessing a horrible disintegration of the middle east. to make sure together with israel and egypt and other sane partners and hopefully with the palestinians to create a totally new reality in our region. jon: colonel ralph peters wrote this in today's columns. he said we are still, meaning the administration and the united states, are afraid to use real military power against isis. terrified putin will push the syrian situation into a confrontation. he will. our confused policies in the middle east have left us trusted by no one, not even israel, respected by no one and feared by no one. what do you think about that assessment?

>> well, sadly, on, i think your columnist is right. the foreign policy of the united states has created rightly or wrongly a perception of a weak america. leading in the from behind in libya, drawing red lines which were redrawn and crossed in syria, supporting the muslim brotherhood in jit. all these moves with many others have created the situation where america's allies feel they cannot rely on it and america's enemies feel they can get away with murder. this and the volatile and evil and extreme neighborhood we live in. an american weakness. even the perception of american weakness is very dangerous. and thereof, i hope that the president together with his partners and the coalition he formed will realize that isis is

a cancer spreading and metastasizing through our region and will use he force in his arsenal to wipe them out and hopefully we can do it together with the russians. this is a time when the americans and russians can get together to rid the middle east of this evil. jon: prime minister netanyahu will be speaking momentarily. thank you very much for being with us. jenna: a building contractor on trial for murder after a brick call collapses, killing half a dozen people. who his attorneys are trying to opinion the blame on. a former college lacrosse player look together supreme court after being convicted of killing his ex-girlfriend. what our legal panel thinks of the basis for his appeal. i'm only in my 60's.

i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it could save you in out-of-pocket medical costs. call now to request your free decision guide. i've been with my doctor for 12 years.

now i know i'll be able to stick with him. [ male announcer ] you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and virtually no referrals needed. see why millions of people have already enrolled in the only medicare supplement insurance plans endorsed by aarp. don't wait. call now.

jon: a building contractor on trial for murder in philadelphia after six people died when a building being demolished collapsed on top of a thrift store. it happened in 2013. we were on the air at the time after investigators say the contractor removed support beams from a brick also he could sell them for scrap. the wall crashed down burying shoppers and workers.

a subcontractor already plead guilty to involuntary manslaughter. jenna: we'll know by monday if the supreme court picks up the appeal of annex lacrosse player convicted in the death of his girlfriend. he insists his rights were violated when one of his lawyers got sick and missed part of the murder trial. in the meantime yardley's mother is suing him for $30 million. but the more immediate issue is the appeal to the supreme court. it's nice to have you both. ebony, will the supreme court hear this case? >> i can't see it. to call that a long-shot would be a gross understatement. it talks about protecting the right to a fair trial.

there is no evidence that suggests this guy did not get a fair trial. he had not one but two lawyers. the judge in that trial said we are not going to continue this case. so we'll wait for you topter lawyer. you have got a viable competent snrawr who is ready to move forward. on a sixth amendment challenge you have to prove prejudice. you have to prove it affected the outcome of the trial. jenna: as the team, there was a team of lawyers, one of the attorneys on the team actually did say in court i can't continue for the team. so hugely's own people said he couldn't continue for the team. >> i agreet issue of whether the u.s. supreme court will hear this case is whether there was actual prejudice.

i'm not seeing where there was any. however, that doesn't mean that there isn't enough here that his right -- sixth amendment right t to counsel was not damaged by the fact that one of his attorneys was out for a number of days. when we are working with co-counsel we'll split things up. we'll split witnesses up and different topics we'll be argue. when someone has to jump in at the last minute that could put them at a disadvantage. i agree with ebony. i think this is not likely to get to the u.s. supreme court. i don't see how he was harmed by it. i see one attorney said yes i can do it. hugely objected to it then said i want a continuance. but the judge had to weigh

judicial efficiency. jenna: i want to ask you about the victim's families after this break and the $30 million lawsuit. sure, tv has evolved over the years.

it's gotten squarer. brighter. bigger.

thinner. even curvier. but what's next? for all binge watchers. movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. jon: let's check out what's on outnumbered. >> the leader of our closest middle east ally about to address the u.n. we'll go to benjamin netanyahu's remarks, the first since the iran nuke deal he so strongly opposes. >> new email fallout for hillary clinton. how much did she put our national security at risk.

>> baseball history. the first ever female coach hired by a major league team. >> on our hash fog one lucky guy is here to talk that. he played major league baseball and he will step up to the plate so to speak. jon: looking forward to it. jenna: ebony williams is joining us. i want to ask you about yeardley love's family. their daughter was murdered by annex boyfriend. they are asking for $30 million in compensatory damages and $1 million in punitive damages. >> when you have already got a criminal conviction in your favor that will bolster the evidence around this civil trial. this young lady beaten to death in the prime of her life. her family stands a great chance of recovering that $30 million

lawsuit. jenna: huguely's family is trying to get their homeowner's insurance to pay for the legal bills. >> the policy says if you have some intentional act where you hurt somebody or commit sad crime, we are not going to cover it, they won't get attorney's fees paid for. jenna: great to have you both, it's a case we'll continue to watch. we'll be right back. thank you.

ley

test test test 3 now to what donald trump didn't say at a townhall speech that is making news: >> i hope you see the new polls coming out. >> what is the love cast? >> go ahead.

>> all i can say is donald trump is lucky my kong-fu reflexes didn't kick in. >> what would you do if donald trump gave you a love tap? israeli prime minister benjamin netanyahu is about to speak. we are watchinging the greek prime minister now. but moments away benjamin netanyahu will step up to the address the united nations for the first time since the nuclear deal with iran was reached. we know the israeli leader strongly opposes the deal. we will bring you his speech live when it begins. and