>> we will be back in an hour, hope you will too. >> "outnumbered" starts now. >> this is "outnumbered". i am andrea tantaros. here today the birthday girl. i know everything. this co-host of after the bell, melissa frances is here and today at hash tag was lucky guy, welcome back to the couch fox news legal analyst and all around friend and good guy at arthur aidalla. >> next to the birthday girl.

as i was getting dressed, i am fortunate enough to appear on all the fox shows but i usually got the just get dressed like i'm going to court. and nice shoes. not embarrassing. happy birthday. let's have a great show. >> this color wheel is just for you. it is game time for the democrats as they get set to take the stage for their first presidential primary debate in las vegas. hillary clinton will come face-to-face with her biggest rival by far, bernie sanders who has been trying massive crowds around the country and surging in the polls. also on stage tonight former maryland governor martin o'malley, former virginia senator jim webb and former rhode island governor lincoln chafee. three candidates barely

registering in the polls who hope they can change all of that tonight. hilary duff support is slipping among democrats. she remains out front at 45% of former secretary of state has dropped 16 points since june. biggest opponent may not be on stage tonight. new polls show clinton is trailing some top tier republicans. check this out. hillary is behind ben carson by 11 points in general election, donald trump by 5, jeb bush by 4 and carly fiorina by 3. a lot of pressure, she, first time they have seen face-to-face match off, doesn't have to do a lot of presents. >> just like when you wake up in the morning, you wake up and

they have nervous wrecks, hillary has the most to lose. getting any traction especially martin o'malley because he is the realistic alternative to hillary. i don't think anyone will pull the trigger for someone who is a self-proclaimed socialist but if theory -- of hillary goes down the toilet, he is the real person, logical alternatives. a lot of pressure to show what type of person he is, getting free advertising. for hillary she has to come off as likable. >> you don't think tens of thousands of people cheering for him -- >> just a narrow little sliver. this liver i thought donald trump has but still getting wider. i don't think at the end of the day when people have to pull the lever i don't think -- >> it is the year of the outsider and he has galvanized support among the democratic

base but there's a good chance tonight, bernie sanders if you watch him he is not over the scripted. finos where he stands. hillary clinton doesn't know which side of an issue she is on, she is really i think having trouble tonight. >> far and away bernie sanders has the most to gain and she has to defend a lot of positions like the keystone pipeline which turned out there is no environmental risk to this and she's still opposing it. i look forward to serious questions on that for her but use that hillary clinton has the most to lose because she is the clear front runner usually in a debate scenario the clear front runner has the easiest time because you just defend this standss that people are already supporting. >>, what happens with donald trump in the last debate. she did well the first time. >> you coming down in the polls so fast, most recently, that is what is going to make this different. >> if you look at hillary, if

you look at the glass half full, she has been getting beaten up by all sides on all fronts four months and the fact it she's still at 45% means she has a solid base. >> she has made it worse, she has been her own worst enemy. bernie has not taken any shots at her. check out this new paul and i want you to react. trump is now beating hillary clinton in a general election. 45-40. in jr. was 34 for trump, 51 for hillary and we just saw clinton dropped 10 points in five days, she is like a lead balloon. >> one of the things i picked up on in terms of how much she's lived in the past few months is she was quiet during all that time, she is now fighting and she is supposed to be such a great fighter and she's very scripted soaker script and her fighting ability are still not keeping polls where they were. i would say this. if the e-mail scandal comes up and i say if the design never

know, if it comes up and she has to answer for that, and would suggest the gene not make the questioner feel stupid for the question because that in the long run make the rest of us look that way and all the voters. if i were her i would simply say i see why you are asking, i was wrong, i made a mistake, i apologize and move on but the minute she tries to explain her side she makes that questioner and the rest of america -- >> same thing you said. luckily nothing bad happens. >> how do you think she approaches that. which hillary will we see on stage tonight? is she going to cry? >> we will talk about that later, women's approaches arguments and how it helps them. i would never suggest that but conversation around this debate originally, we talk about how she was wrapped in bubble wrap, protected by the democratic party and how these debates are so boring because no one was

going to go after her, now things changed so much. we talked about bernie sanders and pick someone so far to the left that would make her the like the center, she needs that territory back, she's finding cover base evaporated, this was supposed to be -- i think she's going to be attacked. i would say look for her to show vulnerability. that would be smart, that moment of something like tears, real emotion. >> cringe when you say crank would help but i think you are right but let's be honest, she thinks it resonates with women and i also think she will outflank bernie on the left on the issue of guns. >> stick to it can be an issue. when you look at the 12 nation trade pact deal that she trumpeted as secretary of state, and flit that. i am against it. it is the flip. said that will be difficult for her. >> when the democratic

candidates take the stage this evening they won't be pitted against each other at least according to cnn moderator anderson cooper. in an interesting interview he said he won't be encouraging confrontation between candidates but will let them talk about the issue is. that is a sharp contrast from the gop debate hosted last month. he wanted the candidates to go head to head. is this how they do it? vat and abundant -- >> i'm a little confused, by definition it is longer if you're giving them a platform to talk about. there are differing views. and despite a libertarian, with an control stance, hillary clinton moved on that issue. if they miss that did them

america at this service. >> expert debater in the house arthur aidalla are you shocked by it this? does bernie need to jump in? >> sandra made it easier, a debate is between two people, let's go up there. let's talk about television and ratings. especially in prime time people come home from work and are a little tired they keep you going, keep you interested. they don't want to have thoughts on this, my thoughts on this, he was want to see this. no matter what anderson cooper wants. >> those sort of things that in theory don't matter, on their opponents and where they

contradict their past behavior or thoughts, wadded debate is made of in there and say that is not what you said before, you are not being true to your record, what were you thinking when you voted this way? >> to give him the benefit of the doubt, jake tamper's ibm might have been fine had he had been go head to head on something like each other. if it had been about substance, donald trump, it has to be on facebook. >> one of the most fun places, shows me that she is a little more vulnerable. hilary duff inga after the donald, take a listen. >> some people think mr. trump is entertaining but i don't think it is entertaining when somebody insults' immigrants,

insults' women, unacceptable behavior. when we are in solidarity to organize, a message to mr. trump. if you are going to run for president than you should represent all of the people of the united states. >> picking a fight. >> she has to. you highlighted told that she went from kicking his but in june to losing to him in october so she has got to take it to him, has got to bring the best offense, defense is a good offense, that is what she is doing and what she has to do tonight. >> donald trump talked about white candidates do this and says it elevates the man they get out of the race. that is how has been happening. i don't think that will happen with her but it is interesting, she picks a fight on the eve of the big debate because what does it do? it elevates her. every one wants a piece of that.

if donald trump is going to run for president, he is and beating in the general election lineup andrea cited so watch out. >> but donald will be on your world at 4:00, very colorful analysis, we will all be watching twitter and it will be lots of fun. the family of a washington post reporter held in iran convicted on unspecified charges embracing the idea of a prisoner swap with the islamic republic but is that a good idea. how do we have americans back? new research finds it is okay for some people to get mad at work but not others. the difference in how to plant women are perceived when they get angry and with their 6 isn't is a big problem at the office. right after the show catch more on the couch from the web. "outnumbered" over time, log onto foxnews.com and flip that have the. we will talk about tonight at the debate on tune into the

o'reilly factor for predate analysis with yours truly and post the data analysis with sean hannity and the kelly file at 11:00.

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every time i go to a customer's house, their children could be friends with my children so it's important to me. one of the most rewarding parts of this job is after you help a customer, seeing a smile on their face. together, we're building a better california. >> the nuclear deal reached with

iran is closer to becoming a reality. iran's parliament just voted in favor of the agreement is they passed an outline forum at this time yesterday. makes it will need final approval of senior clerics. the washington post says its reporter has been held in iran for more than a year. he was convicted of unspecified charges just yesterday. iran has said in recent weeks is now open to a prisoner swap for him, something his family says they would support. >> two weeks ago when the iranian president came to the un general assembly was outrageous to give up some iranian, may be they will get justice, maybe that is the direction to go. he didn't do anything on. >> jason is one of four americans inside iran.

i want to stir with a statistic we became aware of this weekend, the increase, the surge in execution in the country and the torture of prisoners. we're above 800. that is the number we have not seen in decades. by some accounts the highest we have had on record, 800 prisoners executions and it is only october. we need to get our people home period. >> the longest american held hostage since 1979 since the iran hostage crisis. i don't know why when you are at the table with these people in your negotiating i know what the president of the united states is the you can't be swabbing human lives. >> he has done it before. >> that is at a press conference. >> when you look at the details of what is going on, what jason is accused of, spying on the nuclear program which we now know, we're letting it go on.

the people they want to swap him for, this is something we should consider they are accused of violating the sanctions, accused of trading when they shouldn't have been. another thing we're lifting so it is not like we are trading murders and terrorists, we are saying on both sides of these issues this is something we are supposedly putting behind us. >> one of the things we talked about on the couch and you have brought several times, where are the other journalists? >> we're learning more about the conditions he is actually in which are absolutely horrible, his brother alluding to the fact he is by himself, the other person he is in contact with doesn't speak his language so they can converse with most of the time he is by himself, interrogators don't talk to him, he is sitting there waiting, has no idea what is coming next and the question when we talk further about this can iran be trusted? they were hanging people on saturday, this weekend and those pictures are hitting social media. i think he does know what could

come next, this is a heartbreaker. they haven't talked about what he is convicted of what would be next for him but we know their track record. >> we were holding all the cards the 4 we did this iran deal, all the cards and we handed them over. we just allowed them to basically get a nuclear weapon with the united states stamp of approval on it and handed them money and let them open their doors to potentially more money. i don't expect the mainstream media to push it back, one of their own, when the trial started, they covered jason rezaian at trial, all the others were moved, dropping the ball, if you go abroad, if you go overseas and get in trouble unless you are like bowe

bergdahl you are on your own. remember the white house that if you want to negotiate to get your family member back, feel free, we will establish an office that can help you. that came out of this white house, and the media could pressure them more. they care about obama's legacy and if the media made this part of that the white house would act but they are not. >> dropped the mic on that. we will move on. she readys for the big debate tonight, more of that trip dripped drift in hillary clinton's e-mail scandal, the new reported security concerns over private e-mail server and how vulnerable, how vulnerable it may have been to america's enemies. plus 01 the thought would be a good idea to live stream drunk driving. the entire world concede this. how this quickly landed her on the wrong side of the law. can't wait to hear what you say about this. >> are to be drunk all the way

home. all the way home.

>> the hits keep coming for hillary clinton and the e-mail scandal in the associated press review. the secretary of state finding questionable cybersafety. the server more vulnerable to hackers because it had software that let users access and control it remotely over the internet according to detailed

records compiled in 2012. software was the subject of industry and government warnings about cyberrisks even low-skilled intruders. you are shaking your head. melissa: in a way it is ridiculous conversation to keep having. and the government clearance says there's absolutely no question she knew she wasn't allowed to do this, no ambiguity around it and it is at the point we are just waiting, to get their ducks in a row, something has to come of it, what is the timing. >> is in addition to everything else, up the subject of u.s. government and industry warnings that the time of attacks from low-skilled intruders, this is not some. >> what she is made clear is she is not a technology type of person, that is her first wine

of defense, not that it is a legal defense, but it is ignorance of the technology, people a sympathetic to that especially when you have things like go to my pc.com. she could be in washington and click on a couple buttons or her aides probably did and they access her computer at home. the real issue is what is the harm? in other words, she could have gotten in trouble, it could have been hacked, could have been attacked but was it? if it was, what were the damages? in the law if you get hit by a car, if the car drives but nothing happens to you, you are not hurt, there is no lawsuit it needs to be damaged, what we haven't heard yet is what was the damage? what happened, then you could come down -- >> interesting perspective. i would think putting our national security at risk --

>> if it was at risk and was violated, the punishment should be much greater. >> in any event. >> that is the lawyer's analysis of this situation. >> in my humble estimation she should hire you. >> going earlier about what they should say, let it move on rather than try to explain it. legally, is i made a mistake defense? >> in criminal law, intent is almost always -- unless you are reckless. unless you knew it and disregard, you knew the risk. i said to her hillary, if you do this you are putting up that risk and she says i don't care. >> she has done 20 times what

general david petraeus did and they prosecuted him. we are now in a banana republic meaning a lawless countries where the president is able to dole out prosecutions, a book critical of the regime, he goes to jail, general david petraeus is critical of iraq answers and gaza was a terror attack he somehow gets dinged for this and prosecuted for the same thing but hillary's was far worse and no prosecution, she knew the law, the white house knew the law, national security team in the law and president obama said on 60 minutes he did not believe she was hacked and today the aid he says maybe and we already know there's a report that says her e-mails were up for sales though she was act. >> they all have to hedge their bets. i need your brilliant mind again. suspected drunk driver tracked down while live streaming dangerous drive on her smart phone.

police say they are arrested 23-year-old after getting phone calls about a possible front driver using a periscope. that is an apps that allows people to record and broadcast live video to users around the globe instantaneously. one 911, gave police dispatch details from t they were watching. that woman says she's drunk, has a flat tire doesn't know where she is going. >> i am drunk. horrible. i don't even know where the next gas station is. all you guys fill me in. i don't even know, i really don't know where i am. i am so drunk.

i can't read and text right now. i know. i am stupid drunk right now. i know. >> she was trying to read her text messages, she said i have 57 people watching this. so many problems with this. if you turn on that location device on your phone they can find you and from experts i talked to this morning a lot of people can find you. she could have been hurt, she could have driven off the road, if people figured out where she was imagine what could have happened. >> not only that but imagine her family, her parents watching this and for that video is never going away. this girl, years and years from now it is still going to be on the internet. >> this is kerri personal, a recognized expert in vw i, we have a lot of d w i defendants and what you are not talking about is the other people, the other people, the hardest most terrifying case i ever had was a young man who wasn't blessed,

wasn't wasted like this person was, he had a couple beers, weighed 145 pounds, he was driving his fiancee, made a left, the other guy comes, he is drunk as well, they both below, ejected from the car, she dies in his arms. the most horrible case i ever had. he went to jail--a dead innocent person. the only thing if i am thinking watching that video, i had to defend this young woman, you have to throw yourself on the mercy of stupidity. that is the most moronic video i have ever seen that doesn't take human beings live into consideration, it is just horrific. >> is there a crime that happened here? >> my buddy and florida, there is no enhancement except you face as a first-time offender of to six months in jail and a prosecutors and judge have a lot of leeway. >> is this admissible?

>> it is 100% that miscible, no doubt. >> hard to look at one possible silver lining in this, that this particular incident has sparked a police department in florida to not train their offices on how to use periscope and all kinds of new technology to be ready for something like this if somebody god forbid should do this again. >> she has got to do long period of probation, they even have monitors, that you wear around your ankle and you in by any alcohol, your perspiration comes through your perspiration, start going off and you go to jail if you violate. that is the minimum. >> what is your reaction to this? >> social media, you mentioned it, she seemed excited that 57 people were watching her potentially commit a crime and kill other people. that is sick to me that people want attention on social media. i would say don't do anything drunk on social media, drunk driving a car or anything. is video is not going away.

>> think about the people watching and suddenly realize what they're watching and calling 911. >> good for them. >> if you are a man and you get angry no big deal, is a good thing. if you are a woman and you lose your cool, forget about it. the price researchers say women pay when they don't make a nice. ♪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...

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at ally bank no branches equals great rates. it's a fact. kind of like ordering wine equals pretending to know wine. pinot noir, which means peanut of the night. >> if you want to influence people don't get mad at you are a woman. and researchers find men who showed a anger, had a strong influence over others but a

woman, they're more confident in their own opinions. instead of gaining respect a woman who get angry is dismissed as overly emotional and put you on the hot seat. what is interesting about this they're looking at jurors, it seemed they were posing as them, you are supposed to be dispassionate when you are unsure, not the data is you are supposed to be objective. >> last time i was here, there is something i will follow-up. this is right in my wheel house. if i know i want a woman who is going to be a little more calm and a guy who is a little more excitable i could look at their respective professions and see if by that i could be dues which person -- you will have to help

me out. >> wall street guide the work on the floor, who is used to high energy and i don't know why the results of this study are the way they are but i will tell you for me it will be helpful. >> is it true in regular life? >> absolutely 100%. >> men can get fired up and people see it and perceived it as passion. women get fired up, they use another word to describe it ended turns into crazy or the the word. women have to constantly be measured in their emotions and the same is true for crying. women are completely tied up when it comes to how to show their emotions without being labeled a word that is derogatory. >> we said earlier on the show for hillary clinton, it would be helpful if she shed a tear on the debate stage, it would not be donald trump. >> if your baseline personality

is one that is not very e emotional a new burst into tears that is either powerful, definitely memorable. donald trump doesn't look like he is prone to crying. if you was a man or woman, this person is trying. i will say this in terms of power my husband says this all the time. you help yourself out if you pick your battles. when you are overly emotional and responsive to things that seem petty you lose your power. with you cry or shout, and -- >> this superbowl. >> that hurt -- any time she gets joked that it works. >> not on the debate stage. that might get a little messy. i take compliments because i think women handle so much and

do so much and multitask so much we have proven study, we keep it cool, calm and collected and will look to to be the mediator in a room and men c.s. not like that we are crazy, out-of-control, she has gone nuts. it is still bad thing that that is a response when women do, it is natural because they normally are calm and collected. >> begin your battles as your husband's attitude pick a battle right now and call my only secretary for 18 years -- ask how many times i lost my cool in 18 years she would probably say you could count on one hand because when i lose it like everybody knows it is a big problem because i try to keep it cool, calm and collected. my law partner, the people -- we have a lot of people who are calm and grounded in crisis mode, let's slow down and look

at this analytically. >> i would say your baseline is as a pretty been motive guy anyway. >> it is mediterranean. >> one little girl taken to the hospital after another student had her face. comments made by hospital staffer that has her mom outraged. the whole thing has gone viral and is steering clear debate. i don't think we all agree on this one. will be interesting.

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eastern ukraine. your words of comfort conveyed a message that someone like you, choir with lots of users praising the response. and this is a powerful post, i don't think the person at the

hospital meant harm but the stereotypes about a boy who like the girl pulling her pigtails has got to go. and adding 4 kid, you are right, it is not okay and should never be equated with flirtation. as the new mother of a baby girl would you be upset if someone at the hospital said this to her? >> no. it is ridiculous. they were making conversation. i teach my children what is right and wrong. i don't care what someone at the hospital says. is never okay to put your hand on anyone else no matter what. the truth of the matter is he probably did want to get her attention or he wanted the toy she had in her hand. 4-year-olds do that with the fall the time, you have no control over what people say to your kids, you need to be the parent and you need to say, we were talking about this during a break, they are getting hit by stuff all the time. just move yourself to another

area. move away, you won't be there every time they get hit, there won't be a teacher every time they get hit, there will always be surrounded by a rational kids with good parents, move away from the area when something is dangerous going on, and in some the correct that comment, no, actually, you never put your hands on anyone with their you are in 3 at them or trying to communicate with him, that is never okay. >> the hospital did reach out to the family and apologize for the comment from the hospital worker. looking at a legal losses, if one did wanted to pursue -- >> they would have to prove this 4-year-old sustain some sort of damage so emotionally etc. is not going to be the case. agree with everything melissa said. living in a world of the word police, everyone is going to be afraid to talk to each other in school, and corporations, in hospitals, he meant no harm and

now this person who objected to all this, it is probably true, the 45-year-old did take notice of this, obviously what he did was wrong, everyone on the planet knows it is wrong but the truth hurts -- >> most of the teapots are rubber or whenever, why do they have a tee putt that could do that anyway? >> why are we talking about this? is it seems -- >> the conversation. >> not to get too deep this is the larger conversation about actions between. and women at a time of violence against women and hair pulling not being no candle libel say is this, there is a lot of very confusing messages out there when books like 50 shades of gray makeover a billion dollar franchise, based on the idea men -- i am putting it out there. >> i will say this quickly.

i was uncomfortable that they sexualize 4-year-olds. is that where we want to go? we will continue in "outnumbered" overtime. >> not your daddy's playboy. big change from the iconic magazine with one commentator saying it is like vogue without the shoes. what may really be behind the shake-up. what everyone is talking about. before earning enough cash back from bank of america to take their act to the next level... before earning 1% cash back everywhere, every time... 2% back at the grocery store... and 3% back on gas... vince of the flying branzinos got a bankamericard cash rewards credit card, because he may earn his living jumping through hoops, but he'd rather not earn cash back that way. that's the spectacle of rewarding connections. apply online or at a bank of america near you.

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>> soon readers of playboy will be able to honestly say they just buy it for the articles. beginning next year the magazine that helped launch a sexual revolution and once defined so much popular culture will no longer published nude photos of women. instead women will be featured in provocative pg-13 poses. editors are calling the naked pictures passe in today's over saturated world and ending that is the right thing to do. the shake-up comes as the magazine that sold in the millions is a shell of its former self. basically this is because the

porn industry has completely swept playboy off to the side. what used to the cable news has become smug you can get for free. >> not porn industry but the technology of the company, there used to be, there was always videos and 8 mm, now is on either of your phones is another victim of technology. we went from 2.2 million subscribers to a hundred thousand. they're trying to reinvent themselves. >> and a lot of writing all about sex. and men with jobs. >> a couple things are smart about this, they're smart about not getting into the space that is saturated or something unique and novel about that. there's nothing novel about it so they go in the other direction and you can't have naked people in your computer when you are at work, this was ostensibly someone could go to the site and read and not get in trouble at work. they also without actual nudity

could have a better shot at product placement from business point of view. you have a very sexy picture you don't have to be embarrassed to have open or in mixed company, there are products in there, they need a younger demographic. everything about this is brilliant. we are all talking about playboy again today, you see this on networks -- >> very much like gq or esquire but does feature women in pg-13 poses but offers articles, this sounds very sex focused and may work. >> playboy was always known for its articles in some of its journalism. >> was it really? >> my husband said he used to get it to read the articles. what is interesting about this -- i am not really that naive. what is interesting too is when you talk about the online component, play agirl and they almost folded so they went to playgirl.com i only know from my research.

they will take away my computer at work. it was smart of them to do that. $3 million a day. okay, we are going to talk about the first time we ever bought a playgirl on "outnumbered". i am going to tell that story "happening now" next. on espionage charges is convicted. jason rezaian brother joins us. >> a deadly inferno in an apartment building. >> both were pronounced