>> you have to get your costume can't. jenna: you need to get yours on as well. are you going to share? that is the tees. we will see you monday, take care. jenna: bill hemmer is known for his halloween costumes. we are very much the real thing today and have another round of e-mails, with clinton's private server out today, the first to go public since the house benghazi committee. welcome to "happening now" on this friday. i am hi jenna lee. >> i-man for john scott. and on to south carolina to

night where the first southern primary will be taking place. in -- any bombshells expected in the latest round of e-mails? it henry joins us live in our washington news room. >> reporter: always hard to tell what we are going to get that each time the state department has done this typically there have been thousands of pages of clinton official e-mail from when she was secretary of state did they are trying to turn the page and say this is in their rearview mirror. at the beginning of october we said there was a series of tests for hillary clinton to deal with starting of course with that big democratic debate in las vegas. she had a strong performance, the benghazi testimony, she feels she came out strong but in new hampshire last night, they thought the opposite, confronted her at a campaign event, basically pressed her not just about benghazi but about the e-mail. take a listen to this.

>> you said you wanted to end cowher option. how can you do that after the whitewater scandal, benghazi and the deleted e-mails? >> go back and read by 11 hours of testimony. i hope you enjoy it. [cheers and applause] >> reporter: what we learn from that exchange is the clinton campaign, it is just about the media that there are voters who want to confront her about this as well. you see she is pushing back pretty hard and gets a standing ovation sometimes from people in these crowds but remember it is mostly democrats who are supporters at the events, this is a talking point of for her on benghazi to rally the left for the primaries that the general election might be a different story when you have not just republican voters that independent voters with poll after poll saying she has real trust issues. gregg: that is a whole different crowd.

ed henry, thanks. jenna: on the other side of the aisle jeb bush trying to light a fire under his campaign, in the performance. of peek behind the curtain, you as news with a document laying out revealing information that apparently the bush team has gathered and showed to its donor. the goal is for iowa, even opposition research on marco rubio. yesterday on "happening now" governor bush told me his campaign is anything but terminal as some critics have suggested. >> we are still in october. we have 100 days left before the iowa caucuses. we have an extraordinary team here. one of the most popular elected officials endorsing me in new hampshire today, we have a great ground game in iowa, south carolina and across this country we are the ones with the best organization and i am going to work hard to earn people's support. i knew this would be a long journey but to see just the campaign is terminal is pretty funny.

jenna: howard dean's presidential bid and pete snyder, a former new york city mayor rudy guiliani, fox news contributors, nice to have you both. you see the campaign might not be dead, but it may be a different story for the candidate. >> i think jeb bush was a good governor of florida, good conservative as he was governing but he simply is not going to be bought by the gop electorate right now. they are not digging what he is selling by any means. he is out of step where the party is. they don't want a dynasty. they want an outsider to shake things up and that is the antithesis of jeb bush. jenna: you are more optimistic about his campaign. >> i think i generally normally would agree with pete, but this is a year i wouldn't count anybody out, particularly this early including jeb bush because of how formidable a candidate he

is in terms of the money and other things. if we have learned anything this year is that whenever everybody call all of us pundits in the media say someone is dead, it is the other way. i am taking the other side right now. jenna: learning something over the next several months. it was interesting to interview, the first interview after his campaign performance that have a lot of criticism, over marco rubio/jeb bush exchange. i wasn't expecting to ask so many questions about that exchange of it was one of the news items of the day but jeb bush continued to double down on that criticism of marco rubio. here is a snippet of it. >> marco rubio to point out he has the worst attendance record in the united states senate, the worst one prior to his campaign as well. that is a problem. it is a mistake to run for office and not serve.

she can do both but the simple fact is he is not doing that. a lot of people care about this, he has the worst attendance record, i am a constituent of his and that is part of the deacon, and two fingers the number of bills they responded that became law. people need to show up to vote to work, they need to use their office in a way that can help their constituents. jenna: the strategy part, you may not think a candidate is in trouble but what about this strategy? is it working? >> my guess is a lot of polling says that is a problem or i don't think he would be doubling down like that. i think what is interesting to me is there are three or four candidates by fear and among those are jeb bush and marco rubio. john kasich, there are others but two of the candidates i fear the most. jenna: why do you fear them? what is it that makes you afraid?

>> both of them have the ability to expand outside of the republican base votes and other constituencies the gop needs to reach to win. we can argue whether marco rubio is better isn't that's jeb bush, but they clearly have that ability, i have lived through a murder/suicide pact when the dean campaign got into in iowa and we both lost because of that, it was one of the faster, there is a with of that in the way these two are starting to go after it. jenna: interesting admission. you are not afraid of anything in your life, joe is very honest with us and we appreciate his honesty. what do you think of the strategy? if democrats are the most concerned about marco rubio and jeb bush house mart is it for the bush side to go after marco rubio when they could partner up? >> i trust joy lot but i got to tell you he is telling you a

line here a little bit. jenna: better not be. >> would be thrilled to run against the bushes. if it is a backer is looking election which is rare in life, the clintons but these people look back on the clinton years better than the bush years. they are rushing that with the clintons would hate to run against marco rubio. i look at what jeb bush is saying right now, this is not the guy, education and former in florida was upbeat, this is anything but a joyful and joyous campaign. when he talked to you yesterday and said we are not on life support, that is a joke. he didn't smile, he didn't laugh about it. this is a campaign that is by rubbing downward. he is seeing someone he groomed in florida surpassing him. it is hard to watch. jenna: what the you think about marco rubio's side of the

equation as we finish up? despite marco rubio coming out and trying to be above the fray, if there is one catch phrase that has been repeated all over the media, it is is marco rubio the gop's obama? that was also leaked earlier this week by a the jeb bush campaign. everyone has access to is that. will that hurt marco rubio despite the widely believed claim that he handled the debate situation well. >> he did handle the debate situation well, but for the last two or three years as long as i can remember a lot of the gop claims about obama were first term senator, wasn't ready, only been a senator for wrote short time, didn't even complete the first term, all these arguments, young, new generation,

charismatic, all these things do apply to marco rubio. the other side of that from my point of view, obama beat the republicans twice. if you are looking at marco rubio, that is something, all those factors should be approved for marco rubio, you can see two sides of that and it will be interesting to see how the gop looks at them. >> if we could have a two term president this is a party that is hungry to win and there would be a very good thing so keep on with that talking point. jenna: you tell the truth. you don't try to play it. >> pete and i can disagree but i believe bush would be the emperor one for hillary. jenna: polls are not predictive of what will happen next year but it is an interesting snapshot and we will get those new numbers early next week sometimes and we will see how that is influencing the campaign. great to have you both, thank

you very much. what will happen during the next debate is the big question. a lot of focus on the next debate with the fox business channel which will be great, that will be tuesday november 10th at 6:00 p.m. at the prime time the day at 9:00 p.m. eastern time. gregg: we have never seen joe be anything but brutally honest. isn't the meantime the u.s. senate votes to send a bipartisan budget bills cyprus and obama's desk, clearing the way to keep the government open for business and raising the debt ceiling at the same time. the measure passing 64-35. congressional correspondent mike emanuel on capitol hill joins us. >> reporter: plenty of votes from lindsay graham, but fellow gop presidential candidates rand paul and ted cruz ripped it late last night on the senate floor, taking aim at his gop

colleagues. >> republicans released that lousy at political battles? the four years the president would shed the government down, blame us and we would collapse because we fought for internet tax freedom? holy cow. if we had that bad this why we doing it? >> reporter: this is what the two year budget plan will do, lift the debt ceiling for march of 2017, the spending caps by $80 billion split between defense and domestic priorities, 20% cut to social security benefits and limit the premium spike to medicare recipients lose the senate majority leader acknowledged the agreement isn't perfect but talked about what it does get done. >> bottom line, this is a fully offset agreement that rejects tax hikes, secured long-term savings through entitlement reforms and provides increased support for our military. all this at a time when we

confront threats in multiples theaters. >> reporter: president obama said this is an agreement that washington can still choose to help rather than hinder america's progress and looks forward to signing and as soon as it reaches his desk. it is worth noting this deal will lead and a lot of deadline showdowns between now and election day. it will keep the senators running for president from facing a lot of questions about congressional disfunction so there are critics who do the math huge favor on the campaign trail. gregg: thanks. jenna: 26 years after he was first question police only now are rest man called a person of presents a young boy's objection, put him back in the picture, we will explain those we want to hear from you, lindsay graham joins us to answer questions about what he would do in his first four years if elected. what would you like to ask him to go to foxnews.com/happeningnow and join the conversation.

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jenna: the white house pauperizing 50 special operations forces to head to syria to help in the fight against isis. kevin court has the latest on this developing story from the white house. >> reporter: earlier you heard on fox news we could confirm 20 to 30 special operations forces might be heading to see area. we do now have from a senior administration official it could be up to 50. also i can tell you it is special operations forces. i make that distinction because special forces is a specific group, special operations forces and brought in a wide swath of available military personnel. we learned from the administration that aircraft will head to turkey in the battle against isis as well as

f-15 strike eagles and this is important, we have confirmed the administration will develop a special operations task force in partnership with the iraqi government. all in the effort to fight isis. we will have an update some time during the briefing which should happen between 12:30 and 1:00 and i will bring it to you hear from the white house. for now, back to you. gregg: carly fiorina at act yet again for her appearance. now the ladies of flow of view making some pretty nasty comments, our panel weighs in.

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jenna: a quick look at crime

stories we're following on "happening now," two missing women whose disappearances they say are connected to a man charged with murdering another man the same night they vanished. alexander king -- last seen and tuesday night. they're abandoned car was found the next morning with the driver's window broken. in minnesota i-man question 26 years ago about the kidnapping of an 11-year-old boy has been arrested on child pornography charges. police say daniel heinrich is a personal interest in the cold case production of jacob rudd l rudderli rudderling, and he was in a fight with his brother and friend and was of that gun point with a man who drove away with him in his car. the manhunt is over, police shooting and killing 62-year-old lloyd ray coke and killed a police officer and kinetic

kentucky state trooper. gregg: carly fiorina criticized again for her looks but the comments the coming from women. listen to this on the view. >> people tell me i didn't smile enough which means she looked at the amended. her mouth did not downturn one time. >> can you imagine? gregg: carly fiorina's campaign responded this is the kind of political rhetoric conservative women have come to expect from the left. judith miller joins us, prize-winning investigative reporter and fox news contributor. we joined washington bureau chief for the chicago sun times, great to see you. the women of the view calling her smile demented, her face could have been a halloween mask. how is that relevant?

is it not just inappropriate, but sexist? >> of course it is but why are you expecting anything else from the women of the view? is not a news show, they are not journalists, they are hollywood celebrities, they are of the meat liberal, very and i don't mean -- they are going to be nasty and sit around as if they are having a little conversation over coffee. that is not what we should be worried about. why anybody should care what they think is irrelevant. gregg: a week ago when donald trump been rolling stone interview, was making fun of carly fiorina's face, the view in fights trump to call in, and that excoriate him for making fun of her face and now here they are all five of them doing the exact same thing. is it beyond hypocrisy?

>> i think it is fatherlessness journalists, ill-advised, not the way to go, taunting someone on their looks does not show a lot. gregg: it is utterly irrelevant. >> it is not even all that we. kind of like a locker room talk for women. i would say just disqualified it as having no meaning and remind us all to be polite and civil and not taunt people on how they look. gregg: the best line of this was hot air, go to their web site. from could have clinched the nomination today by calling into the view and telling them all five of them are morons. we believe it at that is someone

ought to install meters in their dressing rooms. let me move on to topic number 2, this week's gop presidential debate was a ratings win for cnbc but critics say the moderators were the biggest losers of the night. what about that? john harwood in particular made mistakes in his facts and then he began for example editorializing, asking trump if his campaign was out of the comic book. is this beyond the pale, what does it show us? >> it is beyond the pale and it shows us that people who are trying to look tough sometimes can confuse being with being tough. there is a difference. you can be extremely polite and ask searing, difficult questions. what was stunning about their performance was these are people who supposedly represent a

financial network. they are not known to be -- when they couldn't even ask a follow-up question, when marco rubio challenged becky quick, it was a legitimate question about whether or not he was financially responsible enough to be president. she didn't know enough about the marco rubio story to come back at him. that is not only rude but ill-prepared. gregg: if you're going to use a quote, know the source of your quote to. sort of fundamental. was there an overriding personal condescending tone to the moderator asked questions? as though all they really cared about was stirring controversy rather than eliciting substance? >> i think they just took an ill-advised course.

they did do the proper follow-up when talking to ben carson about his flat tax plan and she noted it would cut a massive junk of federal government spending. if they had stuck to what they know best which is financial, they could have asked questions in whatever toned they like it because they needed to master their subject. i applaud her on that one question, but they also didn't seem to have their game plan to follow up when the fox hosts had there debate, they had everything, when anderson cooper and cnn had there debate, you have got to know the facts and these are big organizations. gregg: you had a long time to prepare, you got to master your facts. last question to you, marco rubio may have had the line of

the night when he said the most powerful and dangerous democratic super pac is the mainstream media. did the cnbc debate prove that? >> i think it proves that a set of journalists asking questions that night were ill-advised and ill-prepared. i think reporters in general as we all know tend to be liberal, tends to self identify as democrats. therefore it behooves all of us as reporters to appear at least to be fair and balanced, which we have not seen a lot of except i would like to think the fox news debate. gregg: maybe the ladies at the va will moderate a debate in the near future, wouldn't that be meaningful? good to see you both.

gregg: some new auto recalls, tens of thousands recalled by two huge automakers plus another u.s. citizen arrested and jailed in iran. this is a warning sign about the regime and its behavior even after signing of the historic nuclear deal. we will get into it in a few minutes.

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special operation forces, steel units, delta forces to head to syria to help in the fight against isis bid that is not all. that is what we are working on at this time. we understand airs more of an effort inside iraq, working in conjunction with the iraqi government to battle isis. if you are imagining a big military base or staging area i interesting change of pace and the white house when it comes to putting. on the ground either in syria or iraq. the executive director of the foundation for defense of democracy we will talk about iran. that was another breaking news item overnight. what is your reaction when you hear about special operation forces going directly into syria or more action in iraq?

>> it is a recognition by the white house that their strategy against isis has been an abject failure. the problem is strategically the white house continues to make the same mistake which is support for isis comes from the realities that sunnis in syria and iraq feel brutalized by the bashar al-assad regime and iranian overlords and the perception that the u.s. is focused on reconciliation with the iranian regime rather than fighting them and bashar al-assad. jenna: does the american in prison in iran, before i get to that, that jumps out of these headlines, working more closely with the government, working more closely with iran because we know iran and iraq are now very linked. the governments very much backed by a shiite islam and the question about how active iran is. do we have to be wary of that partnership with the iraqi government because of that?

>> yes the the iraqi government is controlled by the iranians. the iranians controlled bashar al-assad in syria. we are trying to defeat isis the decisiones recognize the enemy, their enemy, the force that is brutalizing their people is backed by iran and because of iranian weaponry and iranian men, iraqis ines being murdered and brutalized. we cannot win against isis until we tackle iran directly and this administration doesn't understand that. jenna: the difficult dynamics in iraq and syria, then the news overnight the we have another american in prison in iran. this happened a few weeks ago, ten days ago or so and we are just learning about it. his family immigrated to the united states 30 years ago and he holds dual american iranian citizenship. just like the washington post journalist who is now in prison

in iran. he works in dubai and was apparently arrested while visiting a friend in tehran which sounds like that very routine visit. what do you make of this? >> he is the fourth iranian american imprisoned by the regime. he has been active in trying to promote business ties between iran and western europe and the united states, closely associated with the iran lobby, an organization -- pushing for the iran deal and reconciliation with iran. i think what you are seeing now is he found himself between three essential mafia families that control iran, the revolutionary guard and the office of the supreme leader and it cautioned put to rest the illusion that there is any moderate forces in iraq. instead there is a power play

between three mafia families. jenna: the ayatollah supports the nuclear deal. this is not an american or iranian citizen also supporting the deal and seems to be working in favor of more out reach. why would he be targeted? >> he is targeted because he has fallen out of favor with the supreme leader or the revolutionary guard. whether or not they support the iran deal the fact is they have common objectives but are fighting for the spoils of tens of billions of dollars of economic relief expected to flow back into iran. you have three mafia families fighting of the spoils, sound familiar? we have seen that before. jenna: i keep going back to the iran deal because the final point, many in support of the deal say this is the beginning of an open diplomatic relationships, this will change our relationship. i know you disagree with that. there is evidence of that

happen. this is another american being imprisoned in iran, we don't even know why. what leverage do we have? >> we diminish our leverage, in the post deal environment, they're not only arrested, they tested a long-range ballistic missile capable carry an all-out war had, they are executing hundreds of human rights abuses that accelerated and the regional blood shed. the pragmatic regime we can reconciliate within the future. jenna: the start of the conversation about new actions in iraq working closely with the iraqi government and wondering about these partnerships and how

they are going to pan out for us. we appreciate it. gregg: fox business alert on major automobile recalls, hundreds of thousands of vehicles including more than 300,000 honda accords, jo lin kent joins us. jon: another day, another recall. there two recalls of this time, the first coming from honda, 300,000 vehicless have been recalled because of 2008-2009 models, you shut the door too hard, the air bag can inflate without a car crash. 19 people have been injured. honda blames the center issue and said dealers will update software to fix the problem. also breaking, fiat, chrysler

recalling 900,000 dogs, and jeep and fiat suvs because of problems with the brakes and air lags, fiat with a model years 2012 to 2015 can be disabled due to moisture buildup. seven injuries there have been reported. if you are getting tired of hearing about car recalls you are on to something, these recalls are just the latest in a way if, gm and others have recall millions of cars this year. fatigue is setting in. gregg: i have a 1974 volkswagen van that has never been recalled in 41 years. i am sticking with it. thanks very much. jenna: waves of migrants pouring into europe despite reports of hundreds of people drowning trying to escape in flimsy boats. the latest on some survivors and what their travels look like.

a worker frozen while using one of her own therapies. the new investigation into her death. >> 911 emergency. >> help!

jenna: wave of migrants fleeing their home country on dry land after being rescued at sea, 150 refugees mostly women and children were on route to the greek island from turkey. the island is only at few miles from turkey's coast making it a busy point of entry as you see from live report. many refugees making the trip in small boats, more than 100,000 arriving in october alone. gregg: new details in an attack in an oklahoma of food plants, allison nolan accused of beheading a female co-worker and stabbing another one. a judge ruling nolan is

competent to stand trial for murder. legal panel is here, a federal prosecutor, diane bass is a criminal defense attorney. competency is that you understand the charges against you, you can assist in your defense if the answer to those questions is yes, you are competent to here. there is a bit of a twist. he is refusing to assist in his defense. that still doesn't render him incompetent, does it? >> no, not at all. you hit the nail on the head. as long as he can understand what is going on and assist his council that is all it takes. if you is dumb enough or stupid enough not to listen to his defense lawyer or wants to assist, is in the constitution the law does not protect the stupid particularly when looking at a capital case. he is ready to stand trial, the case should move forward.

gregg: a psychologist testified in court that this is a defendant who is intellectually impaired. however he does not meet the statutory definition of mental retardation. one of the reasons why he is competent to stand trial? >> that is one of the reasons that are two promise to the test that you have to assist your counsel. the standard for mental competence in criminal cases is so ridiculously low that you can think you are a potato and be found competent. there was the gentleman at the orange county jail on trial for a federal case and he told his lawyer, to see him at the jail, he believed it and he was found competent. this was not a joke. the standard freestanding somebody guilty in a criminal case is beyond reasonable doubt. a judge should have to believe beyond a reasonable doubt that someone is competent to stand trial. gregg: beyond competency which

is at the time of trial, the day of the event, the horrific criminal acts. it is possible the defense could try insanity which is a mental disease or defect, you don't know right from wrong so the fact that this is a disgruntled, angry employee who got fired, basically rendered any potential insanity plea, a loser? >> from a prosecution standpoint i don't think it is a valid defense, he doesn't want to cooperate with his defense lawyer, doesn't have somebody as good as diane, a good defense lawyer, and got the knife.

jenna: go home and get a knife, that is premeditation. i don't know right from wrong, i am so naughty. this las vegas case, police are reopening their investigation into the death of the spa worker named chelsea, she was found inside a deep freeze chamber used in the treatment known as cryotherapy, police are releasing this 911 call. >> help! >> stay on the line. >> we work at cryotherapy. she is by herself. i just got here. >> is she breeding? >> is she breeding? is she briefing? >> no, she is dead. gregg: police said they found nothing suspicious about her

death. the victim herself may well have been negligent, but that doesn't mean the owner and operator of cryotherapy wasn't negligent as well. don't you envision a wrongful death lawsuit? >> yes, potentially. won't put my whole body in a freezer. maybe this was -- not licensor to standard. with this woman was doing -- gregg: government agencies are

looking at a faulty sensor, if it is faulty is there a basis for faulty -- >> you have to look at the workplace policies and procedures. a lot goes into this and they are a long way but they have a possibility of collecting substantial money. gregg: i never even heard of cryotherapy. good to see you both, good bye. be right back. so why would you invest without checking brokercheck? check your broker with brokercheck.

jenna: three years since superstorm sandy devastated new york city leading st. and buildings under water for days. their eyes and new construction designed to withstand powerful storms. we are in brooklyn's redhook neighborhood, david lee. >> reporter: the very spot i am now standing, 100 feet from new

york harbor was literally under water following superstorm sandy. community of red hook was among those hardest hit. now it is on a rebound. there is a flood in the community in brooklyn, new york. no, not this flood. this is what happened three years ago during superstorm sandy. homes, businesses and cars underwater. today there is a different deluge. real-estate development. a flood of projects include not $400 million commercial zone and on this block, multimillion-dollar townhouses. >> so many projects are happening, buildings getting refurbished, new construction, rental, residential, commercial offices, shared office spaces. >> reporter: new construction techniques made this building boom possible even in high risk flood zones. this former warehouse is being

transformed into flood resistant condos. >> the first floor is built above sea level. there is a lower crawlspace allowing water to come through and go into the river. >> reporter: the city's taking precautions investing $100 million to prevent flooding. >> we are investing in principle protection which can be a mixture of permanent and temporary features that when needed when there's a flood can hold back those floodwaters. >> reporter: despite the coastal protection plan being implemented buyers here can still expect to spend between one thousand dollars to $4,000 a year in flood insurance. most think it is worth it following the advice perhaps of mark twain who said by land, they are not making it anymore. jenna: thank you. gregg: great to see them back on their feet using such innovative techniques. next on "happening now," a

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