miss an episode of the five. that's coming up next. president obama gives hillary clinton a rhetorical pass on the e-mail scandal, he guarantees no political interference in the fbi investigation. this is special report. >> welcome to washington. i'm bret baier. hillary clinton's e-mail transgressions were careless but not dangerous to national security. at the same time, he's vigorously denying any discussion that politics will influence the justice department's probe into weather clinton's behavior broke the law.

kevin court begins our coverage tonight from the white house. >> hands off. that's the position the white house maintains it has, concerning the ongoing investigation of former secretary of state hillary clinton. >> the president does have confidence that those prosecutors and other investigators will exercise their judgment and focus on the facts of the case. >> i guarantee there's no political influence in any investigation conducted by the justice department or the fbi. not just in this case, but in any case. full stop, period. guaranteed, full stop. >> the president's comments in that interview see seemed to downplay clinton's behavior, having a private nonsecure e-mail server said e set up in her home. and then using it to conduct state department business. >> i continue to believe she has

not jeopardized america's national security. she's acknowledged that there's a -- a carelessness in terms of managing e-mails that she has owned and she recognizes. >> a statement that's lead to even more questions among journalists. is the president signaling that he knows something the public doesn't? how could he possibly know whether the secretary did or did not in fact jeopardize national security. >> the president has neither sought nor received a confidential briefing about the ongoing investigation. the president's knowledge about this situation is based entirely on public reporting. >> so was clinton careless as the president put it or downright negligent in her use of the private e-mail server. consider over 2,000 e-mails contained classified information. and 22 included top secret information. >> there's classified and then there's classified. there's stuff that is really top

secret, top secret, and stuff that is being presented to the president or the secretary of state that you might not want going out over the wire, but is basically stuff that you can get an open source. >> interesting back and forth there, there are a lot of people out there, analysts who feel like the president was trying to get clinton a little political cover in his comments on fox news sunday. there are others who feel like, using the expression careless or carelessness, he may have caused her more trouble. careless could mean liable. >> kevin, thank you. chief intelligence correspondent katherine heritage is with us tonight. >> classifications are pretty clear cut. the intelligence agency that gets the information owns the information.

the responsibility of the security clearance holder whether it's a rank and file government employee is to protect classified information ev appears in news reports. >> the level of classification of information is not fungible. it's determined by the originating organization. it's negotiable during the process, but it's not fungible. it is concrete. >> the intelligence community watchdog notify ied information from closely held government programs known as special access programs. the cia provided sworn declarations to that effect. legal experts now question whether mr. obama may have a personal conflict. >> if there's the possibility and it looks like there's evidence he was in some sense involved in what happened, was aware of what happened could be

a witness to what happened, he shouldn't be making public statements prejudging the outcome of something he could have personal involvement in. >> mr. obama was exchanging e-mails with then secretary clinton but didn't realize at the time she was using a private unsecured server exclusively for government business. >> the president was certainly aware of her e-mail address. he was not aware of the system that had been put in place to support it. the president does not do a lot of business on e-mail, his work can be described as either classified or sensitive, when mr. obama does do e-mail unlike mrs. clinton, he uses a government account. brett? >> thank you. the head of the cia says no more waterboarding, even if the president orders it. >> absolutely i would not agree

to having any president order waterboarding. >> they make bring it back if trump is elected president. >> donald trump's path to the republican nomination seems to be getting bumpier by the day. trump is accusing the gop of corruption. one of his opponents popularized by adolf hitler. after ted cruz swept all the available delegates at state conventions. john roberts is covering the republicans tonight from new york. >> donald trump found an eager recruit. colorado trump supporter burned his republican registration on youtube, after ted cruz took home all of the available delegates. and trump is rallying more people to his side.

>>. >> what they're trying to do is subvert the movement with crooked shenanigans. i say this to the rnc, you're going to have a big problem, there are people in a don't like what's going on? >> the cruise campaign says it outorganized trump in colorado. alice stewart writing, the wining is more sour grapes from trump who continues to lash out in tantrums every time he loses. we are winning because we put in the hard work to build a superior organization and repeating the fruits of our labor. in states where people vote, he wins, new fox news poll suggested new york and pennsylvania trump is poised to do that big time. leading cruz by nearly 40 points in new york. by almost 30 in pennsylvania. >> there's a new revolution brewing. cruz has his sights set on california today. trump leads by 7 points in the real clear politics average. if cruz can beat trump there,

trump's bath to collect a majority of delegates before the convention evaporates. >> the latest thing he seized upon is when people vote against him, they're stealing the election. it's a really odd notion. what is this democracy of which you speak. john kasich is working hard to pick up delegates in new yo. he's 0-5 since ohio, and needs a boost of legitimacy to stay in the race. today he said he can't understand what trump is complaining about. >> it's about accumulating delegates. the hunt for delegates really matters. >> the trump campaign is downplaying the significance of colorado. the simple fact of the matter is, it was outorganized and outmaneuvered by the cruz campaign already it's half full

and there's still an hour to go before the rally starts. brett? >> john roberts in albany, thank you. >> do you believe trump is being cheated or just out maneuvered. let me know at facebook.com/bretbaier. exactly what happened in colorado zm james rosen tonight on whether the man who specializes on the deal is getting an raw deal. >> texas senator ted cruz completed his clean sweep of the centennial states 34. >> we have a colorado where they frankly just get all of these delegates and it's not a system. there was no voting, i didn't go out there to make a speech or anything republicans chose

delegates to assemblies. there new delegates were first and sixth congressional districts each awarded their three delegates to cruz. the 7th, 4th and 6th congressional districts followed suit the next week. >> we have a slate of delegates. then came zoo's state convention, where cruz snatched up the remaining delegates. trump's original colorado director was fired. the chaos was reflected in trump's slate of delegates, which included at least four people who had not pledged for the front-runner and contained at least seven typographical errors, including one that steered voters to cast their ballots for a cruz delegate. >> we understand the rules, we understood them so well, it didn't make sense to be here. >> by sunday, trump's newest hired gun was admitting the campaign's disarray in colorado even as he accused the cruz team

of gastappo tactics. >> the only game i'm focusing on right now is getting delegates. they're not important to the long term game of how to get to 1237. >> while the rules may be complex. they have not been hidden. >> all the plans that each one of these states is following, a convention, a caucus or a primary were submitted over a year ago. colorado has known for a long time what the process is, how those delegates were going to be elected. >> fox news has confirmed during his session with rnc chair trump admonished them for their inaction. while he cries foul about the delegate rules, an analysis by nbc news finds he's garnered 22%

more votes than others would suggest. wyoming brings in few delegates, it keeps the sanders momentum cooking ahead of next week's primary in new york. >> top aids to hillary clinton believe bernie sanders has started to implode. clinton tried to carve sanders up. a shaky performance. >> i have noticed that under the bright spotlight. senator sanders has had trouble answering questions. he's had trouble answering questions about his core issue. namely, dealing with the banks. >> that slam came just 24 hours after she promised not to go negative. >> i don't have anything

negative to say about him. >> clinton is pouncing because sanders may be paying the price for some of his stumbles. clinton is now opening up a 16 point lead here in her adopted home state where 247 delegates are up for grabs a week from tuesday. undeterred, sanders held a massive rally today in what should be a clinton strong hold in upstate new york from her days as senator. >> you are a large, loud and raucous crowd. thank you. >> given the attacks, he recalibrated his message. declaring clinton is qualified but does not have the judgment to be a good president. >> foreign policy judgment is of enormous consequence as most of you know, secretary clinton voted for that disastrous war. >> bill clinton is helping or hurting his wife. sanders brushed back the former president. for suggesting his attacks on

qualifications were sexist. >> i appreciate bill clinton being my psychoanalyst. >> hillary clinton is still trying to look past sanders by taking on donald trump's platform. >> it goes against everything new york and america stand for. >> with so much at stake, she's the one tough enough to stop trump. >> tim miller, a republican operative from an anti-trump super pack, thinks that approach will work in the general election. >> hillary would beat him from jail. >> there we go. >> hillary would beat him from jail. >> thank you. >> now, all of this is expected to be front and center on thursday in brooklyn, at what may be these two candidates final debate, one on one, clinton predicting today it will be lively. >> ed henry live in port washington, thanks. up next, just how much damage did a u.s. navy officer and accused spy do to the u.s. first, here's what some of our fox affiliates around the country are covering tonight. amtrak files suit against a southwest kansas feed yard over

last month's derailment there. the company failed to report that one of its trucks had damaged the tracks where the accident happened. 28 passengers were injured. fox 8 in new orleans with the investigation into the shooting death of former saints star will smith. cardell hayes shot smith after a traffic accident in a fit of road rage. hayes's attorney says there's more to the story that hayes called 911 and waited for police after the shooting. he's charged with second degree murder. this is a live look at denver, from our affiliate, fox 31. a city council public hearing beginning in about an hour on our proposal to cap the number of marijuana shops and grow houses in denver. various groups are unhappy with the spike in marijuana use with children and teenagers, others don't like the smell from their

pentagon experts are trying to figure out how much damage was done to national security by a navy officer accused of spying. our correspondent has details

tonight. >> edward lynn is accused of five counts of spaj for communicating secret information about national defense to a foreign government. one senior defense official says china or taiwan or both are likely his collaborators. he faces three counts of wrongfully transporting secret material. lieutenant commander lynn was born in taiwan, speaks mandarin fluently and moved to the united states at the age of 14. he's being held in chesapeake, virginia, for the past two years, lynn was part of an exclusive navy outfit. based out of hawaii. he flies the ep-3e a specialized aircraft that uses sensitive antenna to capture signals from deep within a targeted territory. the charging documents do is not specify what lynn handed over.

if he divulged the campaign. it could amount to one of the worst spy cases of recent years. >> the e p3's collect at the national level, the theater level and all the way down to the tactical level. they do everything as far as signals intelligence and also communications intelligence. anybody flying this aircraft in the position he was, which is a collections manager, as a lieutenant commander, knows it's country's strengths, weaknesses, what we collect, why we collect it, and how we collect it. this is extremely damaging. >> you might recall that in early 2001 another aircraft was struck in mid flight by a chinese flighter airplane. the pilot managed to recover the aircraft from a deep dive. the crew tried to sabotage sensitive equipment by pouring hot coffee into the mother board

of one computer. the u.s. made significant changes to the aircraft after that, assuming that the chinese had at least apprehended some of its sensitive data. brett, back to you. >> doug, thank you. >> south korean officials say a colonel from north korea's spy agency has defected. it's said to be an unusual case of a senior level defection. an three days after the south revealed 13 north korean workers pulled off the largest group defection since 2011. the u.s. special envoy for syria is warning the countries fragile sides to look at the truce. isis took a look at the border towns today. the latest round of peace talks is set to begin wednesday in genev geneva. at least 12 new afghan army recruits were killed in a

bombing in afghanistan today. 38 others were wounded. most of them critically in that blast. initial reports say the attacker rammed his explosive motorcycle into a bus carrying those recruits. the number of terrorists linked to the isis network responsible for the attacks in both paris and brussels reaches into the dozens. that's the conclusion of an associated press analysis. we're learning morton the about what those terrorists wanted to do instead of launching last month's assault on an airport and subway station in belgium. benjamin hall tells us what the main target was supposed to be. >> bundled to the ground and arrested. the only known terrorist involved directly in the paris and brussels attacks. now in custody and talking. he's admitted his role in the brussels bombing. belgium remains on the second highest alert, with police taking no chances. while the prime minister remains

cautious. >> i can confirm a lot of military and police people are on the ground. >> he's also told prosecutors brussels had not been the primary target. they originally plotted to attack france's euro 2016 soccer tournament but felt the net closing around them, and rushed forward with their plans. this confirms what many had suspected. the series of arrests and r5ids the week before the brussels attacks, pushed the killers to act. just last week france held a mock drill to prepare them for an attack on this summer's soccer tournament. which due to its popularity and high profile has long been seen as a potential target. he's been missing since november, when he was caught on sur veil answer cameras, driving some of the paris attackers to france. he remained at large for the next five months. and despite a massive manhunt

was able to plan and take part in the deadly brussels bombings, which left 32 dead and 316 wounded. today belgium muslims also gathered in front of the metro station, to commemorate victims of last month's attacks, saying they did not want belgiums to draw a line between the attacks and their religion. three other people were charged with terrorism offenses this weekend. there is a dreaded sense in europe, there are more out there, and they're waiting to attack. brett? >> benjamin hall in london, thank you. when we come back, it may be closing time for the rest of the taxpayer funded obama care co-ops that have not already gone belly up.

a vaccine for the zika virus may be available by september. federal health officials say the more they learn about the virus, the more concerned they become about one cdc official told reporters, everything we look at with this virus seems to be a bit scarier than we initially thought. doctors are calling for additional funding into their research. more disturbing news tonight for obama care about and more expensive news for the taxpayers funding it. it turns out the few health insurance co-ops that have managed to survive so far are on the critical list. and not expected to pull through. mike imemmanuel has a look at t numbers tonight. >> eight of the 11 remaining obama care co-ops will fame this year. it was funded with $2.4 billion taxpayer dollars in 2010 that were supposed to be repaid. the daily caller was the first

to report on the collapse. >> what we would like to see in general, is increased competition, that's exactly what we have, we are looking to save money. and over the next ten years we will find -- this is something that even the cbo has concluded. tens of billions of dollars in deficit reduction. >> 12 of the original 23 federally funded co-ops have already failed. the co-ops are insurance companies, designed to increase competition and lower costs. >> they were an artificial -- you could say hopeful creation propped up by political forces in congress, which wanted to try to use public money to experiment with a different type of health insurance coverage. it never made a whole lot of sense from the start. >> the centers for medicare and medicaid services isn't identifying the eight at risk co-o co-ops. those with the biggest risks were oregon, ohio, montana,

wisconsin, illinois and new mexico. last month the acting administrator offered a senate panel a very sober assessment. >> these are small enterprises. it's fair to say the risk is quite high about. >> the nation's top insurer is quitting to obama care markets. the insurer will not sell plans in arkansas and georgia next year. >> the problem is obama care relies on private policies to sell policies people can buy in government run markets. with the majority of consumers complaining of fewer options in 2016. the united health care scaling back certainly won't help. a down day for the markets today. the dow lost 21. the s&p 500 dropped 6. the nasdaq was off 17. trump cries foul. cruz keeps piling up delegates and bernie wins again. we'll talk about all of

what they're trying to do is subvert the movement with crooked shenanigans. i say this to the rnc and the republican party. you're going to have a big problem. there are people who don't like what's going on. >> they elected a total of 34 delegates. out of those 34 we won 34. now, in response donald has been yelling and screaming. >> you know, you got to go out and hunt delegates, that's part of what this is about. everybody's been talking about what wins what thing. i keep telling people, it's about accumulating delegates. >> the candidates on the republican side talking about colorado over the weekend. as you look at the delegate breakdown right now. donald trump has 743, ted cruz 545. you see rubio with his 171 and kasich behind.

they're talking about colorado, 34 delegates for cruz over the weekend. trump tweeting, how is it possible that the people of the great state of colorado never got to vote in the republican primary. great anger, totally unfair. this is happening all over the country. great people being disenfranchised by politicians. republican party is in trouble. referring to this gentleman in colorado about. >> billion, i'm back home, still fuming over what happened this morning down in colorado springs. with the gope. this is the copy of my republican party registration. good-bye gop. i will not be forced to vote for somebody that i don't want to. i'm voting for trump. and the hell with the republican party. >> we'll start there with the panel. let's bring in our panel.

laura ingram and charles kra krauthammer. >> there are a lot of people upset about the process, but it is the process. >> you can hold two thoughts in your mind at the same time. we should have known if we wanted to take on the establishment, they decided to change and tweak their process back in august of last year. a lot of people thought they saw trump coming and they didn't want the delegates to have to vote for trump. they got rid of their presidential primary voting and moved to this new process. you have to understand the process in order to win, at the same time, there are a lot of people like that gentleman who do feel kind of, what's the point here. i mean, they -- if people -- i think cruz could have won the majority of the voters anyway, in colorado. it's a smell test. the rules are the rules. yes, of course, it's a smell test for people. i think you're seeing this in more and more places, so trump's going to try to exploit that as

he was outmaneuvered in colorado undoubtedly. >> this is a powerful line of attack against the establishment for trump obviously, he's singing it from the rafters now, the bottom line is that he organization ali is being outmaneuvered on the ground? >> yeah, this is just another example after north dakota of a campaign that didn't plan for the future. and didn't put the groundwork and the footwork in on the ground and take the long view. you can call him a medieval genius, ted cruz really got to work on this stuff a long time ago, and was completely prepared for a system that he could milk and exploit. in a crafty way, he's done it successfully, it's just going to take more than tweeting and rallying and going on calling it tv shows, to -- if you're not going to get to the majority, and again, colorado might have decided that in august. but the rnc changed the rules

after mitt romney's loss to help the front-runner. it's helped him, as you pointed out earlier, he has 45% of the delegates, only won 37% of the popular, because of the way the rnc set up the rules. he's being helped by this process in another way. he needs some foot soldiers and organization, he better get to work. >> the new hired gun by the trump campaign is running the delegate process, he was on meet the press this weekend. >> you go to these county conventions and you see the gestappo tactics. >> that's a strong word. >> you look at. we're going to be filing several protests, the reality is, they're not playing by the rules. >> charles? >> look, i think the assumption that trump is making, his supporters are making is that the only really fairway to do this would be something like a national primary. to have a direct correlation between the number of votes you get, and number of delegates,

you know, in florida, trump wins 47% of the vote, he getting 100% of the delegates, i didn't hear anybody complaining about the unfairness, the fact is, we have a very complicated legacy system. 100 years ago, it was all the bosses and they chose the delegates, since 1968 they d democratized it, each state has done it in a different way. colorado has a very odd way to do it, in the past, it's had to caucus for example. they were called beauty contests. and this actually occurred in other states, there's less of it now. you would have a voter even a primary and it wouldn't count to the allocation of delegates, that would be done separately. and the fact is, everybody's had the rules for about a year and everybody had a chance to go after the delegates. trump says in negotiations with the nefarious chinese and mexicans and japanese, he's going to win, they've been killing us, they're so smart.

but how is he going to win? he's going to have the best people? if you can't handle the colorado delegate selection process, how is he going to handle the nefarious chinese? >> it's simple to understand, though, one vote, and people kind of say, what happened to my vote in colorado? >> what happened to the 53% of the votes in florida of those who do not support trump. i don't think they have any complaint that trump has all the delegates. everybody understood them. >> there's not one guy named trump? >> the tweet that was sent out after this thing went down. the never trump tweet from the gop in colorado. >> they quickly dilated it -- >> everybody -- yeah, that's fine. they deleted the tweet. the former gop chairman in colorado came on my radio show today. he's not a fan of trump. he said, this doesn't look good, these were the rules, it doesn't look good to the people of

colorado. a lot of them like cruz, they want to vote for cruz. the people who were at that convention, calling and saying, this is just a very arcane process, yeah, they have the separate meetings to elect the delegates and all of that leading up to it, when the former gop chair is saying, your vote doesn't count in colorado, that's -- that doesn't sit well for people either. we have to talk about the long term effect on the gop, if millions of people who turned out for trump think it basically doesn't matter how you vote? >> just in the past few seconds, ted cruz tweeted out, he was talking about the colorado results, he said, 65,000 coloradans voted, they just voted against trump. that's 11 elections in a row we've won, winning -- whining isn't winning. how does this play ahead of new york? >> i think this is going to help trump. the colorado situation is too weird.

people who are looking for an outsider and who have a grudge and a complaint with the establishment of the republican party, this is really -- he's playing it perfectly and it will help him in the contest to come. >> on the delegate math, delegates won 746% of delegates chosen thus far, 46% votes for trump, 8.25 million percent of all caucus votes. his delegate bonus of 24.3% is above his raw support. as you look at new york, though, charles, he has support right now. >> all i want to say is, we have a crazy sort of system which is federalized. we have that in the house, in the senate and in presidential elections. the senate of wyoming has the same number of votes as new

york. the electoral college distorts, we had them in 2000, you will lose the popular, and you win the election. if we want to rationalize it, i'm all in favor of it. if you want to chose a nominee on the basis of a few primaries, national, regional, let's do it, the system is the system. and i don't think it was designed to stop donald trump because it was designed before he came into the primaries. next up, president obama promises no funny stuff in the hillary e-mail investigation.

>> test. test. >> test. will you watch?!

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because they're big to you. and that is why you invest. the best returns aren't just measured in dollars. td ameritrade®. i don't think it's posed a national security problem. i think it was a mistake that she's acknowledged. i do think the way it's gotten ginned up is in part because of politics. >> hillary clinton was an outstanding secretary of state. she would never intentionally put america in any kind of jeopardy. >> i continue to believe that she has not jeopardy jeopardized america's national security. what i have also said and she has acknowledged that there -- there is -- it carelessness in terms of managing emails that she has owned, and she recognizes.

>> president obama on the hillary clinton email investigation back in october with "60 minutes" and this weekend on "fox news sunday." here is how the "wall street journal" wrote it up. a more scrupulous president would have begged off the question claiming he can't comment on ongoing investigation in a department he supervises so saying anything was bad enough. even more notable was mr. obama's word intentionally regarding mrs. clinton's actions. as a lawyer he knows that intent is crucial in determining criminal liability. evidence went out of his way twice to suggest that what mrs. clinton did wasn't intentional but was mere carelessness in terms of managing emails. we're back with the panel. a.b., obviously he was well down the road in october. seemed to walk it back a bit on "fox news sunday" but he is still out there saying it's not a national security threat. >> right. he thought he was going to. he said i have to be careful here and then he basically went ahead and repeated the same thing he said five months ago which first of all he doesn't know her intent and he is not supposed to know any of the

details of this investigation and not supposed to prejudge its outcome. i think what he is doing though is growing increasingly confident because there is new drum beat of a narrative out there. you have read it we have heard it, that she is not going to get indicted because they are rounding up a bunch of experts to say previous cases somewhat similar didn't lead to prosecution. the doj won't take a chance unless it could succeed. they turn away most of the cases, 80% of them anyway. and that she is going to basically make it through. this so, i think he, you know, he went way overboard in agreeing to answer that question. but he must believe, and he is not supposed to know anything about this that she is going to be fine. >> here is hillary clinton friday on "the today show" being asked about this particular investigation. >> it's -- it's a security review. it is a security review. and there are lots of those that are conducted in our government all the time. and you don't hear about most of them. you will hear about this one

because, you know, it does involve me. so, that's why it gets so much attention. >> a security review. laura. >> yeah. i worked in the federal government and i don't remember those types of sweeping security reviews. she also went on to say that there is no chance that she will be indicted. she was really specific and really definitive and, of course, there are a lot of people on social media and like she knew she wasn't going to be indicted. you add that together with what barack obama said that he believes she didn't compromise on national security, it does seem to cut against the narrative they have been painting and they did again in the white house briefing today where i think it was josh earnst who said the president never requested or received a classified briefing on this investigation. well, everybody seems to have a very definitive answer on these things. and, also, the mens rea required, there is an intent requirement. however, reckless or negligent handling of classified information also gets new legal trouble under

the federal code. so, i don't even know if it was smart for him to say intentionally because if it's reckless it's also a problem. >> he went on with chris wallace full stop, period, no one will be treated differently. no one is above the law and said it again and again and again. >> everybody here, everything he said is what you are supposed to say. she is supposed to say there is no chance of being indicted. whenever anybody is perp walked out#ak9h of anything, their lawyer always says there is no chance i'm guilty. i will be vindicated. so that sort of is boilerplate. the president is saying she would not intentionally injure national security. well that i'm less exercised about that because that's utterly meaningless. who intentionally is going to go out and hurt national security? david petraeus wasn't out there to intentionally hurt. but, the question is intentionality did you intend to hide your emails circumvent the freedom of

information. that is important and the president did not address it. >> let's not say the doj indictment. let's say does the fbi request they move forward to the doj? >> >> i used to think yes. i'm beginning to think no. >> i feel the same way. and there is no such thing as a security review in the fbi. they investigate crimes. >> i wouldn't have bet that against the clintons on this. i think they have this wired. >> okay. panel. thank you. the u.s. capitol police by the way say more than 400 people were arrested for unlawful demonstration. a mass protest on the east front of the capitol was over a push for improved ballot access and voting rights. it's said to be one of the largest mass arrests at the u.s. capitol in a couple of decades. we thought we would bring you that today. that's it for the panel. stay tuned surprise guests crashes a local news report down under.

finally tonight. live tv can be you have it. you have to be prepared for just about anything. take a look, a localnáy news reporter down in australia was worked into a flap when a parrot landed on her shoulder just before a live shot. >> now, the cold. [screams] [ laughter ] [bleep] i was not expecting that. oh my god. can you please get it off of me. not funny. not funny. >> it's not funny. kind of funny. thanks for inviting us into your home tonight. that's it for the "special report." fair, balanced and unafraid. greta goes "on the record" right now. ♪ ♪

the dramatic moment that smith's wife is shot in the leg as new surveillance video shows what happens right before smith was killed. you lied to me. you lied to me. i'm sitting here since 8:00 with a 9-year-old waiting for herve case. >> and a major meltdown. an airline passenger screaming and threatening staff all caught on camera. what happened to set off her rampage. ♪ ♪ and rock-riff or rip-off. did led zep len steal the opening notes to "stairway to heaven"? "fox & friends first" starts right now. good morning. you're watching "fox & friends first" on this tuesday morning.

i'm abby huntsman. >> and i'm heather childers. thank you so much for starting your day with us as always. shocking new video showing what happened right before and after the murder of ex-nfl player will smith. >> let's get right to kelly wright who is live in washington, d.c., with the latest on that. kelly, good morning. >> reporter: good morning to you as well, abby and heather. this dramatic video was taken moments after the shooting that took the life of former nfl player will smith and wounded his wife. let's take a look at it right now. you can see the suspect, cardell hayes husband. and you can hear smith's wife cry out, my husband. you can hear her screaming in pain from being shot twice in the right leg. >> i need an ambulance or something. >> so much pain going on right there with her bodily and physically and emotionally because of what's taking place with her husband. video obtained from our