whoo! >> pretty nice. i love it. >> i want to see her mock trial ring. >> i told i have a t-shirt on the cow on it says moo trial. nobody got it. harris: "happening now" starts right now. >> good news for your 401 k. dow jumps 200 points. stocks are led pie industrial and energy companies and we are covering all of the news "happening now". a massive tornado tearing thu oklahoma. killing two people. preparing for terror. shoppers run for their lives in the mock drill. and paddle pooreding for vets. wounded warrior on the journey

from corpus christi, texas and all the way to new york city. it is all on "happening now". we begin with brand new polls indicating surprisingly close races in three swing states. welcome to second hour of "happening now". i am jon scott. >> i am heather childers in for jenna lee. democrats and republicans head to the polls in west virginia. but with hillary clinton and donald trump looking like the party nominees, the new polls are out. pennsylvania, florida and ohio, three battleground states add up to 67 of the 270 electorial votes. in pennsylvania, clinton leads trumps by one percentage point. and similar in florida. mrs. clinton leads by one point

and ohio clinton trails four points behind trump. and all three polls lie within the margin of error. >> e a johns john and betsy is a political reporter for the daily bowl. elanado the numbers surprise you? >> they are surprising. there are two things to take away from the polls showing neck and neck races in the swingiest of the swing states, first, i think that they show many people have said that with trump as the nominee of the republican party, we are in for a 1964 goldwater style defeat. that's pretty unlikely. the republicans may lose, but it will be a close race. 4 or 5 point race and certainly not 49 state land slide for hillary clinton. and the second thing that is so

intshgs when you look closer at the numbers, trump and hillary clinton are viewed negatively by the people. they are under water 20 points in florida. and that suggests once we get to the general election, this will be a negative and nasty campaign. that tends to happen once candidates are defined and disliked by the american people. >> it is hard to win the presidency if it you don't win florida and ohio. they are neck and neck. and what does that say to it you? >> it is going to be competitive and hard to predict. one thing interesting about the ohio numbers is how much of a man problem hillary. she is among seven by women and down 13 by men. she crafted the campaign appealing to female voters and sending out fund-raising e-mails

about getting a woman card if you support her, that is working with the female voters to an extent. but the male back lash could be a strategy that may not pay off. and another thing in ohio, clinton only leads trump among the 18- 34-year-olds four points. typically democrats are doing better. but he is competitive and that might bode bad for her in the fall. >> donald trump is appealing to party leaders for funds. he needs a billion and a half dollars to make the election happen for him. if he is this tight and close with hillary clinton, it seems like maybe there wouldn't be be that much of a need for more money. >> because trump has decided to it not self fund his general election campaign as he did the

primary campaign, he's going to need a lot of money. hillary clinton will be well funded general election candidate. and she is of course, not going to self fund. it is it a race that will cost upwards of a billion in the general election. trump will need all of the money from donors or party leaders despite the image that he cultivated in the the primary and he absolutely does need to mend fences with the party proper and that will come whether or not he is able to get the official enthusiastic endorsement of paul ryan and mitch mcconnell. >> and texas senator ted cruz back at work on capitol hill. but he responded this way whether winning the nebraska primary tonight could nudge him back in the race, listen.

>> well, i am not holding my breath. my assumption that that will not happen. but listen, let's be clear, if there is a path to victory, we launched the campaign and intending to win. the reason we suspended. with indiana's loss i didn't see a viable path to victory. if that changes we'll respond accordingly had. >> do you see the possibility of ted cruz getting back in the race? >> hope springs eternal. odds are low. and that cycle is so hard to watch it is hard to watch. getting the presidential campaign bug is malaria and cruz has the itch here and he's probably in campaign mode to an extent and readjusting to capitol hill life is bumpy begin

the open contempt of his colleagues. it is something and seems so unlikely. >> not a warm welcome in the senate cloakroom. >> probably not. >> we had it if on the screen. the presumptive nominee donald trump said i look forward to meeting with paul ryan and the gop party leadership. together we will beat the dems at all levels. this elanacomes against the back drop of the spat he's been having with paul ryan and thus far refused to endorse him. he wants to hear what trump has to say. >> trump's attitude to party leaders or anybody who refuses to march in step with him, one day he will express excitement about working together with the republican party, and the next day, if he hears reluctance on

their part to get behind them, he denounce and doesn't agree with their policy p. we'll see what happens with paul ryan. it is hard to predict the future based on trump's attitude. he's vassilated so much. take a look at the democratic side. >> while donald trump is the presumpative gop nominee now that his rivals dropped out, maybe. bernie sanders is not conceding to hillary clinton had. he is posed to win the west virginia primary. >> reporter: if bernie sanders defeats hillary clinton, it will be the second stinging defeat in

the week. and next week it is on to oregon whose strong progressive streak bodes well for a sanders' victory there. and another road to a democratic nomination remains impossibly steep. he would have to win over 80 percent of the remaining delegates to do so. here in virginia, the primary issue is the war on coal. clinton has not recovered from the comments on the the coal industry to any out of business despite promises of 30 billion to help retrain out of work coal miners and schools to help a leviate the loss of revenue. bernie sanders has a six point lead despite him being the most antifossil fuel candidate.

his economic popularism mess amg is resonating here. donald trump faces no competition in west virginia. it is his own mouth as he expressed. that huge rally in charleston that voters, all of those voters don't need to come to the polls today. this is what he said. >> i want you to save your vote. you don't have to vote anymore. and save it for the general election. for get this one. primary is gone. and save your vote for the general election and we are going to show you something and you will show me something. and trump later walked that back. he did not know he needs to claim the delegates. 100,000 votes cast here. and it will be interesting to see if donald trump captures huge numbers in the early votes

it is it a confirmation that the democratic state swung in the opposite direction as the changing economy's energy took their toll here. back to you. >> thank you, doug. new questions in the hillary clinton e-mail investigation. as the state department now cannot find any e-mails from the it manager that set up the private server in mrs. clinton's home. attorney general loretta lynch saids she cannot say when they will finish with the investigation. here's the latest on all of that. catheri catherine? >> reporter: they have some records from the it manager who cut the deal with the fbi. but none from the personal storage or pst when clinton was secretary of state. >> is it the case that you have

not found a single e-mail related to his service while secretary clinton was here? >> that's accurate we located a pst from his recent work with the department as a contractor, but those were from after secretary clinton left the department. >> reporter: also these new documents released by the federal court seemed to indicate a number of irregularities with his employment. he was a political appointee works in the it department which was highly unusual. most political appointees work under the secretary or policy positions. asked if he had been interviewed by the fbi, sidney blumingthal offered no comment to msnbc. fox news was first to report

that the romanian hacker going by the name of guccifer. he combesdz the security question and meantime with the election calendar advanced and voting tonight in west virginia. fox news asked the attorney general if it was too late to take action and why taking so long given the fact that the north carolina case was acted in two months. >> we review the matter carefully and thoroughly and efficiently and when it was ready for resolution we'll make that at that time. i am not ready to give a prediction. >> director come will do a boat and pad. he does these once a quarter.

it has been six months since he it one of these. we'll see if he has something he wants to get on the record in this matter, jon. >> that means a q and a session with the reporters. >> it is on the record and like old fashioned reporting with a piece of paper. >> catherine, depend to know. thank you. it was the scene of intense fight nothing the iraq war where dozens of americans died and now fight nothing fallujah is raging on against isis. why is this place important in and could americans find themsz fighting there again? and six months after the deadly terrorist attack, how a california college is honoring her memory and this is this. at least four. >> the storm system that sent deadly tornados across oklahoma be on the move again.

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which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. >> a fox news alert. we have lexington, kentucky hillary clinton making an appearance there. and on the right of the screen and appropriately hillary's left. bernie sanders, the guy who will not go away will take the race all the way to the convention. he's in california. we are monitoring both events. we'll bring it to you live here on "happening now". >> the first extreme weather now to blame for two deaths in

oklahoma. tornados store across the straight and tending three people to the hospital and killing two. one sheriff was stunned by the size is of the twister. >> it was one of the largest tornados i have seen in gafshin county. and it is still act and i have dangerous. >> severe storms are still on the move. meteorologist maria molina join live from katy, oklahoma. >> that's right. i am in katy, oklahoma. one hour south of oklahoma city. behind me, a tornado ripped through the area producing significant damage and now we are seeing homeowners to return to collect pieces of all of their belongings that were unfortunately scattered about. i want to show you how strong the tornado was. the home ripped from the

foundation and that is gone. that is all that is left behind. they will likely determining it to be a ef three or greater. the woman who lives in the house just minutes before the tornado struck came to her storm shelter and hunkered down and the tornado moved over the storm shelter. she survived. but she descred the experience when the tornado moved overhead. take a listen. >> it was hard and a lot of the wind and a lot of the dirt. i don't know where the dirt came in from the vents, it sounded like a train. the wind, you could hear the sound of it and it lasted to me ten minutes long. >> early this morning, we saw a dog walking around the area and walked on top of the

foundation of the home and inspecting the belongings and it happened to be the dog that hived here and they were reunited with us this morning. >> that is my mom's dog named spirit. >> how is spirit doing? >> he's shaken up and looking for his sister. she didn't make it. we found her yesterday. >> and the severe weather will be possible in parts of the middle mississippi and ohio valley. we'll keep a close watch. texas could see severe weather and stay safe out there. and more threat of severe weather in the nation continues tomorrow. >> hillary clinton swept the southern primaries. why is she struggling in west virginia? we'll talk about the democrats that don't favor hillary clinton

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uh, no thanks. i have x1 from xfinity so... don't fall for directv. xfinity lets you download your shows from anywhere. i used to like that song. >> from america's election headquarters, respects heading to the polls in nebraska, as voters can cast their ballots in west virginia. hillary clinton has cruised to victory all across the south, but in west virginia, bernie sanders is giving her all she can handle today. what gives? the new york times has a piece where hillary clinton and these conservative democrats are a strength with the white voters in the south and white conservatives remain registered as democrats.

they can be a concilation prize. and younger and independent supporters from boding and bodes well for mr. sanders in coal company. they have far more registered democrat voters than obama voters. we have pete snyder who is a republican who ran for lieutenant governor for virginia and a fox news contributor. careen, should we expect a bernie sanders victory in west virginia? >> i think bernie sanders will win west virginia and oregon and have a couple of wins before we get to the final, final couple of states in june, and that is no surprise. we anticipated that.

and if we look at 2008, hillary clinton her last six contests she won four out of six before she turned over that primary to barak obama. so nothing surprising there. >> may is not looking kind to her, carin. >> and i wouldn't worry about that. look, she is leading in the pledged dell dpats and in a better place than 2008, better place than obama barak was in 2008. i think what bernie sanders is trying to do which i appreciate is continuing to bring up important issues that it are critical for who ever the nominee. >> she might appreciate it but hillary clinton would like to see him love the race. >> he's creating real problems for her, jon. i don't read too much in general

election polling, but it is a shocker to see trump virtually tied in this pennsylvania, ohio and florida and three swing states that hillary clinton will need to make it to the white house. and bernie sanders is a fly in the ointment. he will be a pain and pull her to the left as trump zigzags all over the spectrum and shores up support. >> pete, if hillary clinton is not popular in coal county in west virginia. why would bernie sanders? he is not a carbon friendly politician. >> she was compliceit in the obama administration of crushing the coal industry. she is wildly unpopular in southwest virginia. and wildly unpopular in west virginia. bernie sanders is a vehicle

forangst in the economy out there and with voters who have just handed it to them by the ruling class. >> if bernie sanders rolls in the democratic convention. he may be math, mathically eliminated. but wins in west virginia. he has a platform to say hillary clinton is not the nominee, and doesn't have the strength that you think she has. >> look, hillary clinton won west virginia in 2008 as well. and made it through the finish line. and what we learned from that. democrats got behind barak obama and it was fine. it was a much more contested primary election than we have today. exit polls after exit polls showed that the democrats are excited and happy with the way. >> please.

they are not excited at all. she is going to the exit line. >> that is not true, peter p that's what we have sewn. hold on peter, here. while the republicans are limiting their access, right. limiting their tent because of with their nominee. >> carin, hillary clinton voter barely have a pulse. and limping to the finish line. >> we will have the population and we have done it before. >> we'll have to love it there. >> all right. good discussion and it is going to see obviously what happens in west virginia. we'll have you back to finish the conversation. >> thank you, jon. good stuff. some conservatives are looking

for their own third party candidate as an alternative to donald trump. who might that be? a high school fist fight leaving three girls dead. one legal analyst said all of the teenagers should be tried as an adult.

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>> some conservatives who are unhappy with donald trump are flirting with the idea of a third party run. no one is stepping up. there are deadlines to get on the ballot and wouldn't ensure a democratic victory. peter barnes has more from washington. >> reporter: with trump angerring and worrying conservatives, there is more and more buzz about them launching a third party campaign for the white house. retired coburn of oklahoma and mitt romney, but all have said no, so far and never trump conservatives said it is too launch a third party campaign against trump and hillary clinton if she is the nominee there. it would miss some important ballot access deadlines this month in texas and north carolina to begin with.

and any competitor campaign will cost a billion. that is not stopping bill crystal from continuing to push for a third party campaign. in the latest issue of the magazine. it is not too late to give republican voters who have not supported donald trump in the primaries an alternative. an independent republican candidate can help presprent the conflation of trump and conservative with trumpism. and a pole to independents and democrats and he or she could win. ballot deadlines could be successfully challenged in court. billionaire trump proved you may not need a billion to run. >> he spent peanuts on the primary and proved if you are a compelling candidate to get on tv and get your message out

that's all you need to do. that is the old dynamic and media strategy of paid media advertising is not what it used to be. >> mccormack supports a third party conservative run he is not involved in crystal's effort. >> oh, the intrigue. thank you, peter. we have new information about a fight in a high school bathroom that left a teenage girl dead. throw classmates are involved in the attack. the girls who threw the punches are charged with criminal homicide. and two others with spors. francis died from a preexisting heart condition but it was triggered by the attack. alysse whole is here and a listia. thank you for joining

us. >> bottom line. horrible. three teenage girls beat up the girl in the bathroom and she died as a result. could the defense use the preexisting condition in terms with his client? >> they will, they will try to use that condition. but with the 16-year-old girl, the one who leveled the punches over the girl. that 16-year-old should is be tried as an adult. she went in there and she didn't know about the preexisting condition. and she went in there to assault this girl. >> she should be tried as an adult in an adult court. and be tried for homicide. >> apparently they will ask for. that >> i think the defense will succeed in not having her in adult court, fights are common

with high school students and in school period. the purpose of juvenile court is to some what rehabilitate jouf nils. she did not go in to murder the girl. it is horrible and terrible, but it was not like her using a weapon or running her over with a car or make it reasonable for the prosecutor to put her in adult court. >> what would the difference be in terms of penalty. >> first of all tried as an adult and now she would be looking at many more years. i don't know of the exact number or manslaughter of first-degree murder. 20 years or life and depending on what the charges could be. and the thing is. it was not a care or combiechlt but the fist that cause the

death of somebody that is a weapon in and of itself. >> the reason why this juvenile is not charged with murder. she didn't have the intent to kill. she is charged with criminal negligent homicide because her actions were cause of the death. and she should have known there is risks involved. >> with that charge she is facing eight years in prison. back to the circumstances of the heart condition. how could they use that? they could use that and say this caused her death. but the medical examiner made the point she would not have suffered cardiac latest had the attack not happened. >> the defense said say it is a preexisting condition. and someone would ended up in the hospital. but would not have died from that. and that's what the defense will use. and the prosecution, will say.

she hadn't suffered all of those blows she would not have fall ep and this wouldn't have happen. >> liz and kisha. thank you for joining us. jon? >> it was the scene of some of the most intense fighting for u.s. forces in iraq. dozens of american service members died fighting for fallujah. and now years later, the fighting rages there again against isis. could our troops find themselves in a battle for fallujah. >> a terrifying scene in a shopping center, but it is all part of a drill. where that is taking place.

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>> "happening now", a challenge in california honoring a student killed in a san bernardino terrorist attack. they are awarding the posthummous degreechlt her husband and her son will accept the degree as she was one of 14 people murdered in the isis inspired terrorist attack last december. >> tense moments in a shopping center where counter terrorism police carried out a terrorist exercise. it helpses officials assist in a suicide bombing. it is in the works since last

year. police emphasize there is no specific threat to the shopping sister but the uk terror attack level is severe. >> today president obama conseened a national security council meeting. two years government forces are waging a battle there. same place where more than 100 service members died in 2004. they are actively helping with plans to retake that city. the top islamic state leader was killed in the anbar province. he and three others were hit in a air strike on may 6th. carl higby is author of a book that is out today. a seal story. and we have a former navy seal

and a donald trump supporter. as a navy seal, you serve issed two towers in operation freedom. >> yeah. >> and you hear what is going on in fallujah today, how does that make you feel? >> it drives me nuts. we had a prelimary withdraw in iraq and the administration disregarded pentagon and military's advice. it is a slap in the face of the service members that fought there. we are in dire need of a strong new president. >> what do you think needs to be the policy changes. we need to commit to win the war. we are not at war with japan or germany but still there. we maintained a level of occupiancy and we need to be willing to do something. you destabilize a region. they are not intelligent enough to understand the democracy.

they can't do it without your help. we need to be as ruthless as our enemy. >> they are ruthless. looking at isis headlines. 2000 families are human shields and kidnapping ten young boys, and beheading them. and we hear it time and time again. fallujah is described as a ghost town. >> the problem is, you are sending american troops over there. the u.s. soldier is effective fighting weapon. but let us do our job and kill bad p guys. you want diplomatic, send diplomats. >> chipping off the head of the monster. >> that's what we do. we keep getting the top guy in an air strike. we have a power to vaporrize anywhere we want. we need to kill mass numbers of the people that they go back in the hole and not mess in

america. >> that takes boots in the growned. >> that takes massive air strikes and i called in many of the air strikes and you need a support network in the ground to make them effective. but have to be willing to fight a ground wipe. went this and call today a day and won. >> carl, thank you so so much. >> thank you very much. >> your book is out today. >> grab it. >> jon? >> here is another american veteran doing a great thing. paddle boarding thousands of miles for a cause. how he hopes it helps thousands of men and women struggling after returning from overseas. >> the war is officially over. it doesn't mean that america can lose interest. the mission of recovery we learned as a nation is important.

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but hold on -- because now he says he isn't ruling out re-entering the race. reaction from our own bret ba r baier. how is it the state department can't find any e-mails from hillary clinton's i.t. guy. megyn kelly's first sit-down interview with donald trump -- did they bury the hatchet? find out seven minutes from now. right now, an american veteran wounded -- also a wounded warrior, i should say, is paddle boarding more than 3,000 miles along the eastern seaboard. his goal is to raise awareness of the staggering suicide rate amongveterans.

phil keating is live in hollywood, florida with his story. >> reporter: the veterans affairs administration spent $350 million treating last year veterans with post traum tis stress disorder. but josh collins says that's not enough so he is in the middle of what will be a world record paddle. when the sun comes up, josh collins kissed his wife, tanya good-bye, and drops his paddle board into the water and paddles and paddles until sunset. from texas all the way to new york. the 20-year army veteran saw combat in bosnia, afghanistan and iraq and is doing this to raise money and awareness for ptsd and the 22 veteran suicide every day. >> i think if you ask most people how many people do you know that have killed themselves, most people would say, maybe one. you ask the average veteran, a

guy in the special operations, he might know a dozen or more and there's nothing right about that. >> reporter: this war vet also has ptsd and often found himself at home, staring at the wall, oftentimes medicating on pills and booze. and then he found paddleboarding. >> the war officially is over. it doesn't mean that america can lose interest because the mission of recovery i think we've learned as a nation is just as important. >> reporter: right now collins is about 60 miles behind me up the intracoastal heading towards new york city on july 23rd, hoping to raise more than $20 million through the task force dagger foundation which helps vets with ptsd get better. >> what a mission, what a story. phil keating, thanks for bringing it to us. still to come -- a huge collection of marilyn monroe's personal effects preserved from

the day she died. how you can own something that was part of the movie star's life and legacy. the final 30 is up next.

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weight gain and swelling of hands, legs, and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain. and i love helping little ones get off on the right foot. ask your doctor about lyrica. time for "the final 30" now. a collection of marilyn monroe's personal items go on the auction block later this year. personal notes. address books and jewelry. most of it preserved exactly as it was when she died of a drug overdose in 1962 at the age of 36. >> other items for sale -- a small clutch purse, eight cigarettes, a used lipstick and a jewelry case owned by marilyn's former husband, joe dimaggio. the collection comes from the star's long-time friend and acting coach. the auction takes place in november in case you are interested. >> you know that people are going to want to be bidding on

that. >> especially the lipstick. thank you so much for joining us. >> "the real story" with gretchen carlson starts now. see you tomorrow. thanks, guys. breaking developments right now making today's primary in nebraska -- more important than we thought. as new reports emerge now that donald trump may soon no longer be the sole republican in the race anymore. hi, everyone. i'm gretchen carlson. welcome to a special edition of "the real story." we're live from our nation's capital today. texas senator ted cruz hinting today that he could restart his campaign if he wins tonight. nebraska and its 36 delegates was expected to be an anti-trump state before the donald became the last candidate standing. so what does this all mean now? mike emanuel live in kentucky with the latest on the democratic race. but jonathan hunt is live in omaha, nebraska. what exactly did ted cruz say today? >> reporter: well, gretchen, senator cruz was