you are looking live at the capital dome in washington. the capital covered in scaffolding. already getting a facelift on the outside, but today, an earth-shattering shake-up on the inside. concerning republican leadership in the house. welcome to the nation's capital. i'm brett baier. sometimes the thing you least expect happens. that is the case tonight. house majority leader, kevin mccarthy stunned his republican colleagues today, by withdrawing his name from consideration. to the next house speaker. the gop conference has postponed its election, in what appeared to be a relatively peaceful transfer of power to a trusted lieutenant has been blown apart. creating questions about the house leadership pending

legislation and frankly the future of the republican party. chief congressional correspondent mike emmanuel has the story from capitol hill. >> i think i shocked some of you, huh? >> after being the favorite to be the republican nominee for speaker, house majority speeder kevin mccarthy stunned colleagues by announcing he's not the guy for the job. >> there's something to be said for us to unite. we probably need a fresh face, i'll stay on as majority leader. but the one thing i found in talking to everybody, if we're going to unite and be strong, we need a new face to help do that. so nothing more than that. >> house oversite chairman jason chaffetz jumped into the speaker's race to offer an alternative to mccarthy. >> absolutely stunned. did not see that coming. kevin mccarthy is a very good man. he's always been one that puts his country before everything else. >> florida congressman daniel webster picked up conservative support from about 40 members of the house freedom caucus late yesterday and is pledging to make the house more inclusive.

>> i have no idea how it will change. but it doesn't change what i'm running on, and that is i want to have a principled, based, member-driven process. >> establishment say mccarthy had a numbers problem. >> kevin mccarthy had the vast majority of the conference's confidence and votes. but he's made a decision that he couldn't get to 218. >> north carolina congressman walter jones raised eyebrows after sending this letter tuesday to the republican conference chair saying quote i'm asking that any candidate for speaker of the house, majority leader and majority whip withdraw himself from the leadership election, if there are any misdeeds he has committed since joining congress that will embarrass himself, the republican conference and the house of representatives, if they become public. >> this was written primarily because i have been here 20 years. and i remember the night that newt stepped down, the next night bob lipton stepped down and the chaos it put the republican party in.

our country is in deep, deep trouble. we need to have leadership in the house. that we can say look at that leader. he is a man of integrity. >> mccarthy was asked if skeletons in his background caused him to withdraw. >> no, come on. >> retiring speaker john boehner tried to calm the situation by saying he's willing to stay beyond october 30th, until the house elects a new speaker. a house democrat says the gop will likely regret losing boehner. >> i think people on the republican side are beginning to realize maybe john boehner was the best thing they had. he understands the constitution. i think he tried to make it work not just for his republican colleagues. for many of us on the democratic side, he tried. >> fox news confirms that a full court press is on for paul ryan to run for speaker. sources say boehner has been personally involved and other high-profile republicans are reaching out, believing paul ryan is the consensus candidate. >> let's get more reaction now.

south carolina republican congressman mitt mulvaney is a founding member of the freedom caucus. congressman, thanks for being here. you were surprised by this, correct? >> i was, i talked to kevin about half an hour before we walked in the meeting room. i had no indication he was going to do this. we walked into the meeting. microphones didn't work very well. half the people didn't hear what hav happened. >> your caucus stuck together. was this simple math? was this simply numbers? that kevin mccarthy, you believe just couldn't get to the magic number of 218 and decided he should step aside? >> i honestly don't know. i assume math had something to do with it i can't tell how much the house freedom caucus had to do with it. how much kevin's comments about benghazi had to do with it. it's a fluid situation. it's all speculation, kevin hasn't told us exactly why he did what he did. >> what about the walter jones

letter? >> i don't think that held sway over anybody. >> why did your caucus and your members stand with daniel webster, the person you're supporting, congressman from florida, over kevin mccarthy? because the reason we were so frustrated with mr. bainer to go with, we didn't get to fully participate in being members of congress. john ran a very top-down, heavy-handed administration where we would come in and be given bills to vote yes or no on. we want to be members of congress. we want to go through the process, we want to offer our ideas and dan webster, who has fulfilled the same role in florida. offered that i think better than any of the other three candidates, we thought we could get back to the job of being members of congress that we haven't been able to do since i got here. >> moments ago, speaker boehner was leaving capitol hill. we tried to ask him a ge qew about what's going on. as you listen in -- >> you're asking chairman ryan to step into the race with you? >> he wasn't saying much, basically congressman. but we have reported that he is

trying to get paul ryan to reconsider. if paul ryan decided that he was going to run for speaker, is he a consensus candidate who can get to the 218? >> i think he can. i don't know how paul gets over the issues. we talked to paul about running for majority leader back when eric cantor lost and his objections were that he has young kids at home. i fully respect and admire him for that if paul decides he wants to run, certainly he becomes the favorite and somebody who might be able to unite the party. >> if he doesn't run, though, it's interesting to see all of these names surface. how to get to the magic number of 218 is the question. does john boehner stay on and is that acceptable to your caucus? >> john staying on is not acceptable to anybody. there's a reason we're having this discussion, which is john had to leave. there's a lot of talent in the republican party. you haven't heard much about it. because we haven't been allowed to do our job the last several years. there's a lot of talent here and i'm satisfied that if we lock ourselves in a room for a couple

of hours, we could find someone to unite our party. >> there's big-ticket items coming up. the debt ceiling vote. the transportation bill, the funding of the government come december. how is this going to play out? >> this is a distraction, but this is not everything. it looks like it's everything because of the media circus. but we're voting on a bill tomorrow to deal with loiquifie natural gas. >> if you were putting your chips on the table who is the next speaker of the house? >> dan webster is seeming to get more and more support. i know a couple of folks from his florida delegation came out. i think he's probably in the lead. he's an institutionalist. somebody who is not going to take sides between conservative i haves and moderates in the party. he'll let the chips fall where they may. >> if paul ryan gets in, he wins? >> i think he's a transformational candidate. yes. >> congressman mulvaney, thanks very much for your time. it's impossible to say how much mccarthy's comments about the benghazi committee and you

just heard there, contributed to his decision. he said today quote, they didn't help. but it was likely more than that. his withdrawal does not end the criticism of that committee. it comes on day when the benghazi committee goes back on the offensive. releasing new emails that raise new questions about hillary clinton while she was secretary of state. chief white house correspondent ed henry has the latest. >> republican tray goudy moved aggressively to get his benghazi investigation back on track. as house majority leader kevin mccarthy admitted his gaffe about the probe being tied to hillary clinton's declining poll numbers hurt his bid for speaker. >> that wasn't helpful. >> liberal david brock head of the pro clinton superpac correct the record, pounced on mccarthy. and immediately declared democrats are coming for goudy next. declaring quote kevin mccarthy fell for telling the truth about a political charade. will benghazi committee chairman

trey goudy be the next to foul? trey goudy should disband this sham of a committee now. goudy is not backing down.wdy b? trey gowdy should disband this sham of a committee now. gowdy is not backing down. >> pursuing business deals while. >> most striking is an email where the adviser appears to provide classified information to clinton over her private server, blumenthal writing an associate quote spoke to a colleague currently at c.i.a., who told him the agency had been dependant on intelligence before naming the person in email. gowdy retracted the name and wrote that blumenthal's email could jeopardize not only national security, but also human lives. blumenthal's emails to clinton slammed president obama. writing quote obama's lukewarm statements have produced operational paralysis. clinton is trying to move on and deal with socialist democratic senator bernie sanders by churning out proposals moving

her to the left like today's plan to crack down on wall street. she raked in over $7.3 million from the securities and investment industry in her 2008 campaign. and nearly $1.4 million this time. then there's yesterday's flip-flop, where clinton opposed the trans-pacific partnership. despite an obama aide recently declaring it was one of the former secretary's top three wins. >> that's another significant accomplishment. >> now susan rice cited as another major clinton accomplishment, winding down two wars. with the president thinking about leaving 5,000 troops in afghanistan, isis overtaking iraq, those may need rethinking. clinton spokesman said his key offense was admitting the truth. but the real sin was is the ongoing waste of taxpayer dollars, they're happy at the clinton camp tonight in brooklyn that there's this much gop chaos. >> not happy with the emails, i assume. >> ed, thank you. up next, could president obama's

nuclear deal with iran be illegal? a breaking story from our chief washington correspondent james rosen. first, here's what some of our fox affiliates around the country are covering tonight. fox 40 in sacramento, the airman hailed as a hero for stopping a gunman's attack on train was stabbed outside a bar overnight. police say spencer stone has multiple wounds. but they're not life-threatening. officers are looking for two men who fled in a dark car. fox 35 in orlando, where a king cobra on the loose for more than a month has been recaptured. ten-foot snake was named elvis, found a half-mile from his owner's home. hiding under a clothes dryer in a garage. that load of laundry was interesting. this is a live look at denver from fox 31. some great video there, tonight a little girl can't wait to see her father, kara ran to greet her dad while he was still in formation at fort carson, as he

returned home from an eight-month deployment to kuwait. that's tonight's live look outside the beltway from "special

checking international headlines now, the death toll from last month's stampede outside mecca during the annual hajj pilgrimage is much higher than government of saudi arabia has claimed. that is the conclusion of an "associated press" survey of records from 17 countries. the a.p. says 1313 people died. the saudi government says it was more like 500. the authorities say the crush began when two waves of pilgrims converged on a narrow road. more violence in israel and clashes in the west bank as palestinian outrage and protests continue over alleged israeli plans for a site revered by muslims and jews alike. an arab attacker stabbed four israelis before being shot by a

shoulder. four other israelis have died in recent weeks. six palestinians have been killed including four alleged attackers. palestinians say israel is trying to expand the jewish presence at the jerusalem hilltop compound. israel denies that. now 0 to a story you'll only see here on fox. a challenge to president obama's legacy iran nuclear deal. you've not heard about yet. it involves some complicated legal language and it could potentially endanger one of the agreement's most controversial sections. chief washington correspondent james rosens that exclusive story from the state department. >> tucked away in the iran nuclear deal is a key concession to iran in the form of sanctions relief. one that stands to deliver tens of billions to the islamic regime. the passage provides if iran meets its obligations, the u.s. government will give licenses to the foreign subsidiaries of u.s. parent companies to do business in iran. what lawyers call the foreign

sub loophole will be opened up in a big way. the problem is that back on all 10th, 2012, shortly before the president welcomed these guests to iftar dinner at the white house, he signed into law a measure called the iran threat reduction act. section 218 directed president obama to close the foreign sub loophole and directed the executive branch to treat foreign firms and subsidiaries the same way. the only way the loophole could be reopened spelled out in section 605 which required the president to certify to congress. >> we will maintain to congress our own sanctions related to iran's support for terrorism. >> when the president announced the iran deal in july, he did not mention that he was reopening the foreign sub loophole while keeping iran on the terror list in violation of his own law. even government lawyers inside the obama administration have concluded fox news has learned that the federal courts have

previously held that existing u.s. statutes trump executive agreements. >> i can tell you, however, that we are confident and the secretary is confident that the administration has the authority to follow through on this commitment. >> during a senate banking committee confirmation hearing in september for zubin, nominated as undersecretary of treasury for terrorism and financial intelligence, republican senator tom cotton of arkansas asked where the obama administration thinks it derives the legal authority to reopen the foreign sub loop hohole in terms of the iran threat reduction act that provision contains the licensing authority that treasury would anticipate using in that eventuality to allow for certain categories. of activity for those foreign subsidiaries. >> the administration points to a different passage in the president's 2012 law, section 601. which in turn invokes an earlier statute, one signed into law by president jimmy carter in 1977 that grants the president this kind of licensing authority. but section 601 directs the president to use his authorities to quote carry out the 2012 law,

not to overturn it by reopening the very loophole it closed. republican presidential candidate senator ted cruz, a harvard-trained lawyer and ardent critic of the iran deal told fox news that the 2012 law makes this form of sanctions relief illegal and he warned foreign subsidiaries they could face penalties for using their new licenses. >> the obligation to follow federal law doesn't go away simply because we have a lawless president who refuses to acknowledge or follow federal law. >> the senate banking committee could offer no timetable for when it might hold a vote for adam zubin's nomination for treasury post. the administration continues to insist that iran will not receive relief from the primary sanctions which prohibit u.s. parent firms from doing business in iran. >> james rosen at the state department, thank you. still ahead, a challenge to catholic hospitals over the refusal to perform abortions. first, the challenge for american intelligence officials to stem the tide of young people

joining isis.

chilling testimony on capitol hill about just how vulnerable the u.s. is to terrorism at home. chief intelligence correspondent katherine herridge is here to look at the growing influence of isis and other terrorist organizations. >> the nation's top counterterrorism official testified today that the vast array of terrorist groups is broader, wider and deeper than it's been at any time since 9/11. the threat is not contained, nor in retreat, as the obama administration has claimed. there are shifting alliances between terrorist groups on the ground, and while not as capable as al qaeda to launch a mass casualty attack, isis is the

leader of the global jihad, because of its ability to take and hold territory in syria and iraq. >> success breeds success and more individuals have flown, flow to the direction of isis, isil for that reason. >> the number of americans joining isis overseas or attempting to travel to syria is now 250. a significant jump over last year. with the fbi director telling the senate homeland security committee that the new trend is american teenagers looking to become isis brides. >> it seems to be drifting younger with more girls. and by girls i mean women under the age of 18. with whom this message on social media is resonating. >> the homeland security secretary said his department will do its best to screened a resettle 2,000 refugees by the end of this year. in many cases when they enter the u.s., they have no paperwork, no passports, no way for the u.s. authorities to verify who they are. >> my concern there is there are certain gaps, they don't want to talk about publicly in the data

available to us. >> there's a pretty extensive background check now. that includes vetting against a lot of other databases and agencies, including law enforcement and intelligence. >> according to today's testimony, isis has established provinces outside of iraq and syria, including libya, algeria, egypt, nigeria, part of southeast asia, as well as afghanistan. brett? >> thank you. the plot is thickening. in the middle east. with the u.s. and nato making noise. but taking no action in the face of increasing russian aggression in syria. correspondent kevin corke has tonight's story from the white house. >> they've shot cruise missiles from chips ships in the caspian see sae without warning. >> unprofessional, that's how defense secretary ash carter described the russian military. telling fellow chiefs in brussels that the kremlin's choice to fire cruise missiles at targets in syria was

counterproductive and some fell short of their objective and landed in iran, are increasing pressure on the pentagon and the white house. >> they have initiated a joint ground offensive. with the syrian regime. shattering the facade that they're there to fight isil. >> a joint ground offensive. despite what vladimir putin told president obama ten days ago in new york, cooperation in the fight against isis is merely background noise to the russians' primary objective, support for the assad regime. the revelation that didn't surprise white house officials, who are seemingly content to exercise what they call strategic patience. >> there's a clear escalation on the ground in support of of the assad regime. unfortunately it's not an escalation against isil. our operations against isil have continued unabated. >> pentagon sources tell fox news that the pentagon are providing rocket and artillery fire. and unlike the white house's comparison to the afghan war of the 1980s, moscow this time has

both damascus and tehran backing them. meanwhile, today on capitol hill, former national security adviser general james jones told lawmakers what the russians are really hoping for is to control who is in power in syria. both now and if and when assad is ushered out? >> putin is basically offering a trade. assad stays in power and we'll take care of isil. i think that's what it boils down to. >> a quick note about semantics tonight. we've heard that white house officials over the last couple of weeks talk about a desire to engage the russians in conversations about deconfliction we heard defense secretary carter lay out what americans are looking for is basic technical discussions. as we like to say here in washington, words matter. brett? >> kevin corke. thank you. when we come back, what the republican presidential candidates are saying about the house speaker shocker.

kevin mccarthy's decision to withdraw from the house speaker's race made big news on the 2016 campaign trail today. chief political correspondent carl cameron shows us from new hampshire tonight. >> at treasure island casino and resort on the las vegas strip, donald trump rallied supporters on a stage usually reserved for cirque du soleil and some think his white house run pushed kevin mccarthy out of the gop speaker's race.

>> they're giving me credit for that because i say you need somebody very tough and very smart. >> we need tough, smart, the whole package and it's bedlam in washington right now. while trump took credit for mccarthy's move. ben carson praised mccarthy for his self-sacrifice. >> i say kudos to representative mccarthy for putting others before himself. this is not something that we see very often in washington. >> jeb bush wade in on the house gop's leadership in iowa. >> washington seems to removed every day life. it's just they talk about things that, they talk in language all the acronyms that don't make any sense, they don't seem to be relevant to people right now. >> after a pair of town hall meetings in new hampshire, chris christie put it more bluntly. >> this is game the tloe"game , who is going to get the great table at the restaurant in

washington. washington people care about that. what the american people want is a congress that does something. >> trap shooting in the first primary state, lindsey graham who serve in the house before the senate put it this way. >> i would say the house republican leadership is in chaos, how do you screw newspaper 2016? screw up in 2015. to achieve a particular objective is not going to make it i like fighting, but i want to be successful when i fight. >> texas senator ted cruz one of the gop congressional leadership's toughest critics had a private meeting with about two dozen conservative house members last night and urged them to keep up the fight. this afternoon after mr. mccarthy had withdrawn from the race, mr. cruise issued a statement praising him saying he mate the right move by stepping aside. the markets, the dow gained 138 to close above the 17,000 mark for the first time since august. the s&p 500 finished ahead 18.

the nasdaq was up 20. the head of folks vegan's u.s. operations is apologizing for the scandal over the company's use of onboard software enabling diesel vehicles to cheat on emissions testing. the ceo told congress that volkswagen is withdrawing applications for emissions certifications for many of its 2016 models. raising questions about whether those vehicles are also equipped with the cheating software. there's a new challenge tonight to the pro life stance of one of the nation's largest health care systems. it involves the aclu and the catholic church's refusal to condone abortion. chief legal correspondent shannon bream is here with specifics. >> well the aclu says it is a matter of life and death. and that no hospital even those established and run by catholic entities should be allowed it refuse to perform abortions. the group says quote we all have a right to a religious beliefs, but a hospital that serves the public and accepts public funding cannot hide behind its

religious affiliation as an excuse to with hold emergency care. trinity health has 80 hospitals in its organization and follows the ethical and religious directives from the u.s. conference of catholic biops, which states that abortion is never permitted. critics claim that the guidelines come from clergy, and not medical professionals and claim the hospital is violating federal law by refusing to provide what they call emergency abortions. supporters of tribty health say catholic nurses and doctors are committed to two patients in that scenario and two lives that they can in no way contribute to ending. they also argue that the aclu has long targeted catholic hospitals with one end goal in mind. >> it starts with getting your toe in the door. but i truly don't think the aclu will be happy until every single catholic health care in this country is somehow forced to become complicit with abortion. >> trinity responds this case has no merit.

our clinicians continue to provide superb care throughout the communities we serve. the aclu was part of a similar lawsuit dismissed this year. the judge in that case held that federal courts do not have jurisdiction over policy directives issued by the bishops and said it would be improper for courts to interfere in decisions over religious doctrine. brett? >> shannon, thank you. a huge shocker in the house as majority leader kevin mccarthy withdraws from the speaker's race. what now? we'll get reaction from the panel return. yes, we are twins. when i went on to ancestry, i just put in the name of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people,

but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com.

my move today is another step in that effort to strengthen the institution. >> can you get the votes to win speaker? >> i believe we can. a lot of people have count immediate out before. i think if we work hard we'll be able to do it. >> everybody thought hillary

clinton was unbeatable, right? we put together a benghazi special committee, a select committee, what are her numbers today? her numbers are dropping. >> it was an absolute inappropriate statement. >> i don't care how many times you put an ear piece in your ear and look into a camera. you still screw up and kevin screwed up. >> i can't unite everybody, better to find somebody who can. >> it's been quite a day. house majority leader kevin mccarthy says he's withdrawing his name to run for speaker, he says he wants to stay as house majority leader. will he? what's next? paul ryan something recruited. speaker john boehner called him twice today. trey gowdy trying to persuade paul ryan to take over the job or to run for it. and mitt romney we're told making phone calls to his old vice presidential nominee. trying to get him to run for speaker. here's what the statement from paul ryan says, kevin mccarthy is the best person to lead the house, i'm disappointed in this

decision, it's important that we as a conference take time to deliberate and seek new candidates for for the speakership. while greatful for the support i've received, i will not be a candidate. i believe i can best serve this country as chairman of the ways and means committee. and moments ago, his office said his statement stands. steve hayes, writer for the weekly stand rd, amy stoddard for "the hill." and a.b., shocker? dealt with in stunned silence in the conference, how does this go? >> well, there are members in all the chaos. >> that paul ryan is a selfless man, natural leader, loyal to the conference. he's a true bridge between the conservative wing of the conference and leadership table and he'll rise to the moment.

despite the fact that he put the statement out immediately and still stands by it as of air time, that's the great hope is that he's the person that would immediately be elected without a problem and there's no one else, no other -- >> the only consensus candidate. there are others, jeb hencerling and trey gowdy have said, they've said something like i would rather lick the bottom of my shoes. it's a tough job, no one wants it but paul ryan who also doesn't want it, just may be convinced. everyone is waiting in hopes that at 9:00 a.m. they all get together for some kind of flesh-out section and i think the great hope is that he will relent. and if he doesn't, there's a lot of people who are interested to say no one gets to 18. >> if he doesn't, john boehner stays on until they get to 218. if they don't get to this consensus candidate he stays on. >> that's not going to set off conservatives too well. >> i've spoke ton people who have talked to paul ryan in the

last couple hours. and they say that while his position is default position is, i'm not doing it, he's listening, he's having these conversations, he's walking through what the process would look like. i think there's some concern that members of the house freedom caucus wouldn't support ryan. >> nick mulvaney said that he thought he would be -- >> i was most interested to hear that from nick mulvaney. he thought he could be a trons formational candidate. i've heard members of the house freedom caucus trash paul ryan directly to me, to my face. they disagree with him on immigration, they disagree with him on debt ceiling negotiations, i think there's some question on whether he could get to 218. it will be interesting to survey the rest of the caucus to see if they think paul ryan would in fact be that candidate. i think you could tell paul ryan he would have 247 votes, it would really put additional pressure on him to consider it. >> could we talk about what

happened to kevin mccarthy? >> we went through how we got there. this freedom caucus as 40, 4540, 45 members. 247. republicans. how does this happen for somebody sitting on the couch at home? >> there are a lot of cross currents. the bottom line is most people who really understood the math didn't think he was going to be speaker, anyway. >> i think -- i think people in leadership thought as of february of 2016, kevin mccarthy would not be the speaker. >> whether that's true or not is another question. clearly there are people out not just to prevent him from becoming speaker, but out to destroy him personally as a man. this is a test to some extent for the conservatives in the caucus, with whom i sympathize all the time indingtsively. on the other hand they need to show demonstrate some capacity

to build things. as anybody knows, it's fun to wreck things and blow them up with m-8 0s. they have not yet demonstrated the capacity to do keep something worth having. i think paul ryan would be a step. they have to show they can build something. they do. and i'm a conservative. >> so building the 218 consensus, let's say paul ryan doesn't do it a.b. john boehner stays on. you've got a debt ceiling vote coming up. funding the government vote coming up. a highway transportation bill and he starts moving things that only can pass with democratic votes. >> i think the best scenario for paul ryan or any successor to john boehner is that john boehner does what he says he was going to do before. which would put kevin mccarthy in a tough spot. barn-cleaning procedure. he gets through the export

import bank authorization. the highway bill current stealing, says i'm going leave in january. the new speaker, whether it's paul ryan or anything else. >> that sounds cynical, it might be the only way out. >> that can be met by -- chaos. >> no question. >> i think it's the only almost the most likely thing to happen. the consensus pick. >> overwhelming majority of republicans backing one person. >> the most likely scenario by far. >> even if paul ryan is willing to do this. i think it's better for him to do this in january. >> conservatives could say vacate the speaker's role. then they still have the problem of getting to 218. the magic number to get a candidate -- >> not getting what they want. i that's -- >> is that the goal? >> boehner has suggested to people that he would be willing to -- he would be willing to. but again he shouldn't knock off the king unless you have someone to replace him this is an

age-old principle. it's not higher math and -- >> they're math deniers. it doesn't matter if paul ryan is the speaker, they don't have the votes to get to your goals. >> you have to have the goals. >> they want to defund planned parenthood, they want to stop am nesty. they have many goals that people agree with in their leadership and at the conference table. how do you get the votes to get there? you need two-thirds of votes to override the president of another party and they don't have it. next up, more email problem force hillary clinton and developments from benghazi committee.

i have many, many old

friends. and i always think that it's important when you get into politics to have friends you had before you were in politics and to understand what is on their minds. and he has been a friend of mine for a long time, sent me unsolicited e-mails that i passed on. and i see that is just part of the give and take. >> well, that is hillary clinton, talking about sidney blumenthal, who continued to communicate and especially on libya policy. this has now moved to a different element. new e-mails, the benghazi committee referencing, putting out. here is trey gowdy, the chairman's letter, referencing the e-mails, blumenthal pushed hard for a no-fly zone in libya before the idea was being

discussed internally by senior u.s. government officials, she said to stay tuned. the u.s. pushed a no-fly zone through the u.n. security council. there are also questions about business details that blumenthal had. we're back with the panel. as we point out this was the latest batch of e-mails just received from the committee. this is not just -- >> not to her initially -- she said she included everything and turned over everything. these were not part of that e-mail production. that is the first part of that. there is some process stuff and substance stuff. they were not turned over initially. the e-mails between she and blumenthal, blumenthal was not sending unsolicited e-mails, she sent them to him virtually every time they comprehended. blumenthal was not allowed to work at the state department. it's not just that she chose not

to hire him. it's that the obama administration had an issue with sidney blumenthal working at the white house. here you have the guy who had been blackballed. he makes an explicit case based on the president's polling numbers for ramping up military action in libya. draw up the connection, says we need to do more, the united states needs to do more so that the president does better politically. the second batch of e-mails have sidney blumenthal making the case for u.s. contractors. he wants to edge out the french contractors moving into libya to get contracts from the post-moammar gadhafi government. he wants u.s. contractors to have the most high priority. well, the u.s. contractor he likes is osprey global services, which he is working on, brokering a deal between this company and the new libyan government and basically asks hillary clinton to do his

bidding on this. and at the end of the e-mail exchange she says to him, she doesn't tell him to go pound sand or this is inappropriate to do this. she ends the exchange by asking him anything more to convey before she goes and has this meeting with the libyan opposition? i will say i think the is the biggest development on the e-mail story, on the benghazi story that we have had to date. the stuff she had on this e-mail, this is explosive. >> and not the new batch of e-mails that the committee just received -- >> but if you're a democrat, i mean, this is out of the cheesiest tv show about crony corruption and power at the highest levels of government. if you are a democrat right now and you know that yesterday you learned there was a second e-mail company that may have stuff in the cloud of her e-mails they were worried at first, that they were involved in a shady cover-up.

that they were being roped up into a cover-up. the state department just took four e-mails we learned about yesterday because we need to ascertain how much flowed from her private e-mail server for four years? forget that this is another day of kevin mccarthy and headlines. how will you learn that this is your candidate and there will always be revelations, just give it three days. >> one thing i forgot to talk about in the last panel was the walter jones letter, this is the congressman from north carolina. he says that no one in the leadership can -- should run for leadership if they have anything in his words, voter distrust, anything embarrassing that will come out. before you there is a letter. before you run. suggesting you know that he knew something. >> and about kevin mccarthy's private life you will see

endless stories over the next couple of days. and i would just remind the viewers that privacy would not be guaranteed under the laws, but you have to think before you violate it. >> you can oppose kevin mccarthy and i probably would because his politics are not mean. doesn't mean you have to destroy him as a man. people should pause before they do that. stay tuned, some cash back cards love to overcomplicate things. like limiting where you earn bonus cash back. why put up with that? but the quicksilver card from capital one likes to keep it simple. real simple. i'm talking easy like-a- walk-in-the-park, nothing-to-worry-about, man-that-feels-good simple. quicksilver earns you unlimited 1.5% cash back

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all right, one final question for the panel. what outsider, somebody not in the house currently should be the next speaker of the house? you know they could vote for somebody outside the speaker, highly unlikely outside the house but who would it be if they did vote for somebody outside the house? snow mine would be the expert on statesmanship and an intellectual conservative. >> gingrich, he is obviously conservative. i think they should go in for somebody who could handle it for a while without fireworks. >> look, i live in washington, it should be somebody huge with >> it's friday october 9th one of the men who took tore a terrorist on a train brutally attacked, stabbed right here at

home. how airman spencer stone is doing this morning. >> gunning for ben carson a profanity laced attack on the president. how far is too far? >> an up close personal look at a jumbo jet looking for a landing? "fox & friends first" starts right now. >> it is friday. good morning to you from new york city wherever you are waking up this morning. you are watching "fox & friends first". i am heather childers. >> i am insuranainsley earhardt. thank you for starting your day with us. an explosion at the rapid dam in washington state. three were reportedly air lifted to the hospital for burns.

two in critical condition. >> officials say the explosion was caused by an electrical malfunction. it caused power and outages. there was no danger to the public. >> surveillance video hazs emerg emerged. he was rushed to a california hospital after getting stabbed several times. the attack happened shortly after he left a nightclub. we have more on what happened. >> not too long ago u.s. airman spencer stone was awarded for his bravery after helping stop a terror attack on a train headed to france. he is being hailed a hero again for trying to defend his friends. a group was fighting in the street pushing shoving trading blows with stone caught in the middle. law enforcement forces tell fox it happened early yesterday morning after the 22-year-old left a cloub with his friends. that's when