something new, facebook live. we hit record numbers our first day. thanks to all viewers online. we'll pop up in two places. foxnews.com/out numbered. click on overtime tab. or go to facebook.com/outnumberedfnc. thank you, harris. we do begin with a fox news alert. the fbi and bomb squad investigating a flight from houston to los angeles. >> officials say someone phoned in a bomb threat and the american eagle plane is on the tarm ax in lax. >> if we win the democratic nomination, let me assure you in capital letters donald trump will not be the president of the united states. >> bernie sanders warns the democratic convention could get messy. plus. >> something didn't look right. >> the race to rescue those on

board of the plane after it suddenly crashes. >> he's already behind bars for murdering his wife, but could jail house recordings in a murder for hire plot keep drew petersen in jail longer? it is all "happening now". but we begin with the latest from the campaign trail. donald trump is out in new west. ahead of the primaries two weeks from today. i am jon sot. >> i am heather childers in for jenna lee. nice to be back here. trump holding a rally in alburquerque, trying to gain supporters in the southwestern states. the new mexico governor susanna martinez mart has not yet endorsed the gop nom no.

martinez has critized his comments. carl cameron has the latest for us in the ballooning capital of the world. >> reporter: land of enchantment. donald trump up was at a fundraiser on behalf of chris christie. christie was the first rival to endorse trump. the trump campaign is working to expand the national campaign and as a consequence of that, they met with the reality of the cost and trump is{big donors to help finance the campaign. today will be the first official fundraiser with the rnc prior to a rally this evening. this is a sign that raising the

billion ante is difficult. trump has spent a good part counter punching hillary clinton's assertion that he is a sexist. he went back to the 1990's clinton scandals and held hillary clinton responsible for enabeling her husband or badger the accusers of bill clinton. they are throwing everything at one another. hillary clinton has a new web adattacking donald trump for looking forward to the possibility of a role estate bubble before the wall street collapse because he might have been profiting by. it the nothingivity moan a negative race and impacting on their popularity in the polls. these are two candidates that are not trusted and not liked and battling for the president and the campaign will be about beating the other in the ground and not raising themselves up.

>> on that note, thank you, carl. hillary clinton is trying to appeal to bernie sanders supporters on the left and moderate voters on the right. but critics say clinton has not made a strong argument for why she should be the next president. rich lowery. armed with an impeccable resume and fund-raising, hillary has it all except the rationale for her campaign and the ability to excite the voters. joining us is christian anderson a republican pollster. and also with us corey eland former advisor to president obama. kristin, what do you think about the rich lowerythesis. >> on paper, hillary clinton should be miles ahead of donald trump. she has a campaign structure and donald trump doesn't have one.

she has demographic tail winds and yet the polls are tight eping. maybe because the democratic race is not resolved and she has bernie sanders on her tail. hillary clinton is not an impressive cand uponidate. all of the things on paper and typical rules of politics don't seem to matter this presidential year. >> corey, i suspect you see it differently. >> yes. differently, but to a degree i agree with kristin. to this point of the campaign it is not uncommon to have a tie in the polls. it happens every cycle and we should put that aside and the challenging methodology of the polls aside. here's what we know. hillary clinton garnered more votes than any other candidate running. if it is awe people you showing

up at big rallies or election day i will take election day every time. she's who she is. she will not change. and we need to accept that as progressive and get off of the stump and start to work hard on her behalf. she needs our help. >> corey said she will not change, but this election in which people are looking for a change and agents of change, and maybe that is not what hillary clinton represents. >> this is a big challenge she faces, right now the recent polling has hillary clinton and donald trump viewed unfavorably around six out of ten in the country. for donald trump people vow him as a change agent. hillary clinton on paper, they will say she is experienceded and temperament to be president, but people don't think she represents change to washington.

voters don't like either of these, but the tie breaker who's going to lead to the biggest change, and that's why i think donald trump even though his negatives are high and trails clinton in the polls, this is a wild ride for the next six months. >> corey, admittedly we have a long way to go, but you suggest that trump and clinton are tied and that doesn't surprise you, but donald trump is new to it politics. she's been around as a new york senator and first lady and secretary of state, she's been around for a long time, shouldn't that give her a natural advantage? >> i think it will. you laid it out what her strong credentials are. she has founding father credentials and she still has the anchor of bernie sanders on her back side. as soon as she gets rid of him

and his supporters come around, i believe you will see her pick up steam. we know that campaigns are about contrast, right? she compares substance to sizzle and progressives helping her, we believe she will be successful in the fall. >> corey and kristin, thank you both. >> thank you. >> fox news alert. a judge just decided that bill cosby will go on trial for sexual assault. the 78 year old actor faces ten years in prison. you are looking at live pictures as he leaves the courthouse. if convicted he faces ten years and accused of violating the accuser and she was impaired or unconscious and could not give consent. cosbow insists it was conkweshl.

she -- consequential. and the next court appearance july 20th. >> there are dozens of accusations that the entertainer assaulted various woman. and right now, it is the only criminal case in which he is charged. involves the testimony of a pennsylvania woman who said she was drugged at a time when bill cosby touched her inappropriately. the judge determined there is enough evidence for the case to go to trial and found probable cause that bill p kosovo, once known as america's dad was involved in a crime. there are other cases that could result in criminal charges. >> and there is defamation and insurance lawsuits. and he has a lot ahead of him.

we'll follow that developing story for you. >> we have new information on a nightmare security lines in america's largest airport. tsa head has been replaced after travellers reported wait nothing line up to three hours and some cases missing flights working to make changes. >> reporter: good afternoon, heather. leadership changes in the trappings security organization after hundreds missed flights in chicago on sunday alone because of wait times 2- 3 hours at security checkpoints, all ahead of the summer holiday and traveling season. we haven't gotten to that yet. we expect more people at the airport for the memorial day holiday. tsan administrator said kelly

hoga n is out. he oversaw last year when auditors managed to sneak fake weapons through the tsa checkpoints 95 percent of the time over 70 test runs and the agency granted hogga n 90000 in bonus across 13 months and the government reform committee questioned them if they would remove hogan and he announced that the staffing changes would take place. the out ofster new staff at chicago o'hare airport. it will enable focus and screening operations in critical airports in the national trappings system. the new york time reports that

one tsan employee said they are moaningless. and the times does note that they sued the agency because he was demoted for reporting misconduct in the tsa. the questions on whether they are prepared to handle that as they are unable to do so in the airports before we have gotten there. >> thank you, rich. the deaths of a taliban leader renewing discussion of u.s. strategy in afghanistan. what military officials are pushing from the white house. bill cosby back in court this morning and the judge decided that the sexual assault case against the comedian can proceed. and do you expect to hear a different tone from the presumptive gop nominee?

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a fox news alert. a judge in philadelphia ordered comedian bill cosby to stand trial for sexual assault. the hearing, the judge listened to portions of statements made to the police by the 78-year-old accusers. she told officials that she was drugged and molested in 2004. cosby is free on $1 million bail and his arraignment is set for july 20th. the u.s. military looking for a strategy shake-up in the might against the taliban. the push for change, came after taliban leader mansour was killed in a strike over the

weekend. now military officials are asking the white house to use air power against the insurgent group. the wall street journal wrote. military officials want to use american aircraft to counter the group this summer. the u.s. officials said doing so however would require a revision in the so- called rules of engagement that were changed in 2015 under mr. obama's plan to scale back military involvement and encourage reconciliation efforts with the taliban. kt mcfarland joins us now. rules of engagement is changed in 2015. >> the reason they were changed, president obama wanted to say i am out of afghanistan and i am the guy who ends wars. as a result of that, we did not

go after the high value targets that we had opportunity to do. we are going to change that again and drone and identify and kill terrorist whether they are in pakistan or afghanistan. >> it seems like it was a given. >> yeah, anybody who is making war you would think we would pursue them. in afghanistan, we were attacked and we had the right to do and by december 2001, 3 months after the twin towers came down, we had gotten al-qaeda cornered and they were down to 200 of them in the tora bora mountains. but the bottom line, we failed to extinning quish and eliminate them and they escapeed to pakistan and for 15 years pakistan has been harboring them and encouraging them and they threaten the united states and western civilization. what started out in 2001 as

a small movement is a global movement. >> everybody knows that osama bin laden is in pakistan and we did not inform them we were going in and that's the reason mansour over the weekend. npakistan has played us for suckers. we they 2 billion a year to help us track terrorist. initially to find osama bin laden and later find al-qaeda and they pocketed the money, and they never went after them. they played both sides. they supported the taliban and took our money. and pretended to help us and didn't. you just pointed out, only way we get them when we don't tell them we are coming. in the end of the day taliban is coming back to afghanistan.

and the great tragedy is american lives are lost trying to nation build a nation that didn't want to get built. and so as a result, the taliban will come back and the price we pay not only an american sacrifice, we see radical islam and al-qaeda and the latest generation of fighters all over the world. >> all right. kt mcfarland, thank you. jon? >> two people pulled from the water after their small plane crashed off of the coast of hawaii. baltimore's top prosecutor under fire, pardon me, after failing to get a conviction in the second trial of police officers. think fixing your windshield is a big hassle? not with safelite. this family needed their windshield replaced but they're daughters heart was set on going to the zoo. so guess what, i met them at the zoo. service that fits your schedule.

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>> welcome back. fox news alert for you. bill cosby will stand trial for sexual assault in pennsylvania. that's the judge's decision. as the prelimary hearing wraps up against cosby amid dozens of accusation of sexual assault and rape. we are live in pennsylvania with more. >> reporter: heather, bill cosby left the montgomery courthouse. and i was in the courtroom when the judge reached the decision. she spoke to bill cosby and he nodded his head as if he expected it. and he said thank you and the judge wished him luck despite the defense attorney argued that the case should have been stopped years ago. he spoke to the judge and said

it should have been stopped 11 years ago. but the alleged victim who came forward has said that she was sexual assaulted in mr. cosbow p's home in 2004 and the hearing relied on the deposition and statement that he gave in the civil case that she brought against him. the statements was that he gave p her pills and wines and assaulted her. as you imagine the defense attorney was not happy with the decision after the court today. >> this is a tra vesty of justice. they had 12 years to build a case and what they presented today was evidence of nothing. they had had 12 years to confront mr. cosby and they chose not to. >> the case will move forward and another hear nothing july and a trial sometime after that.

>> rick, thank you. the second baltimore police officer to stand upon -- trial in the death of freddie gray was cleared of wrongdoing. officer edwardenero cleared in gray's death. gray died while he was handcuffed in the back of a police van. after two trials and 0 convictions, the prosecutor is facing criticism that she rushed to file charges against the six police officers. we'll talk about it with our legal panel. elise and bob. so reading into what the judge said in the ruling in the officer nero case. how do you take the case? >> i said it from the building.

i have handled death in custody of police officer cases. and only receiving the autopsy and investigative. it was a rush to judgment and a political case. and it should have been slowly. and i think they are trying the weaker cases first and not getting guilty. it is amateur hour. and showed she was doing it for political relationships and not law relationships. >> so our viewer knows what we are talking about. officer nero was charged with assault in the rest of freddie great gray was in handcuffs bite time officer nero arrived. >> he was not involved and the

weaker cases first. what about p the cases going forward? our system is. we try one person at a time. this case should have nothing to do with the other cases being tried. each defendant is tried separately and will have new evidence and whether it is it a jury or bench trial and every case is tried separately. officer porter was tried and the jury dead locked and they could not agree on a verdict. and does that suggest a bench trial in front of a judge looking at the facts and the law might be a good idea? >> yes, the judge is going to do it on on the facts and law. and that's what the case should be about. the community was bamboozled. what happened to mr. gray is a tragedy and should be a civil case. that is a far cry of proving

beyond a reasonable doubt to a jury or judge that they intentionally, although it is extraordinary recklessness with a significant probability of death. this was overcharged and she went in front of vogue magazine and made comments. to say she was listening to the voices of the people and bring justice is what a prosecutor ethically is not supposed to do. you do it on facts and law. to me it was outrageous. >> she is new to the job. >> i can't get inside of her head. but listening to the voices of the people. the people you listen to is the voices of the grand jury. those are the people you are listening to. and bring the evidence in front

>> the judge said the prosecutor's team failed to prove that nero did anything wrong. >> orb nero had no knowledge of the policy of the manual. there was no evidence here to prove that this defendant did anything wrong. >> these two cases where she can't get a guilty verdict, takes the wind out of the prosecutor's case. i have no question that the prosecutors are like what is going on. and when they try the third giechlt they are overcharged in my opinion. and one can only imagine, they did not do the community a favor by overcharging cases. i have done the cases, it takes months to investigate them. >> and if you are a defense lawyer, you are seeing the overcharging and try to plea them down. can we come to the table here and plead these down.

>> for the officers tis more than a year. >> they are twisted in all of this. >> bob, elise, thank you. >> the sports authority shutting down all of its stores and all must go. will the going out of business sale be worth it? you might be surprised. and hillary clinton tries to pivot to the center. she had a big opening thanks to donald trump and bernie sanders is making it a lot harder.

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...what you love. ensure. always be you. a fox news alert, bill cosby long- time entertainer and known as america's dad is standing trial on sexual assault charges. a employee was invited to cosby's house where she said she was given pills and drugged and unable to stop his advances. he said the sex was consequential but the judge agreed that bill cosby should stand trial. he is 78 and how faces the possibility of ten years in prison. we'll keep you updated. >> to another fox news alert for

you on a big wall street rally. up 199 points and just up over 200 seconds ago, after strong housing numbers, even with the talks of the feds raising interest p rates next month. right now the dow jones is 17,692. and we have more from adam. >> reporter: yeah, you look at the number and say thank you to the new home sales that spiked last month. 16.6 new sales and driving up stocks like home depo and walmart. they are doing well. but one of the stocks that is not doing well and not traded anymore is sports authority. it is like 460 stores nationwide will be li quitated and a lot of people when they think of a retailer going out of news, be

careful. they will li quitate. but oftentimes the sales are not what they are. they bring in liquidating companies and they raise the prices and the drop is not much. 30 percent off sign. there was a group looked at borders, when they went out of business and found that 19 of 25 items were actually more expensive before the liquidation. and also coupons don't usually count. sad to see the sports authority to go. on line retailers are given competition. >> thank you, adam. >> fox news is america's election headquarters.

candidates move left and right and center for the election. hillary clinton might get help from donald trump as he tries to move the conservatives that are wary of him. will bernie sanders hold her back? our next guest writes from the wall street. there is a great opening for her in the center of the presidential playing field, but right now, she is trapped in the back field by bernie sanders and his supporters and it is unclear she can break free to seize the opening. jerry is washington chief for the wall street journal. typical election she would have it sewed up. that makes you laugh. >> yes. >> this is not one. >> typically she would have the nomination sewn. that is not happening? >> it is not happening in either

party. donald trump is not the normal republican candidate obviously. and what happens normally the republican moves right to make conservatives happy and back to the center after the nomination is sewn up. donald trump has the nomination but he has to reassure the conservatives that mistrust him. and he put out a list of conservative judges. and pleasing the social conservatives. and going hard on the gun issue. hillary clinton's had to stay left to please the bernie sanders supporters. and the question is when will she be liberated from that is maybe never? she has to worry about keeping the loyalty of the sanders' voters available in the general election. >> this was to it be her coronation year and bernie sanders was a novelty candidate when he first announced.

and the fact he is in the race is affecting her strategy. >> it was to be jeb bush's cornation too. and bernie sanders was supposed to be a aftermath. but he's turned on an army of people that are angry. she will win the nomination. but she has to argue that all the way to cleveland in july and see where the sanders' supporters are. the convention is important to hillary clinton. >> she is generally friendly to business over the years, bernie sanders would have you lay all of the nation's ills at the feet of wall street. >> this is one of the something aspects. the business community is an orphan. the republican party is more popullist. and bernie sanders is pushing the left in a popullist. and the business community said

we are attacked from all sides. several business people told me this she may be the most pro business candidate left. can she show that in a general election? >> jerry, thank you. >> sure. >> breaking news, the bomb threat in lax airport. the update on that coming up. and bernie sanders steps up his attacks on the democrats. and hillary clinton sees her lead over donald trump vannage. canned chore it is going to be messy. democracy is not always nice and quiet and gentle. canned cheer canned cheer it is going to be messy. democracy is not always nice and quiet and gentle. it is going

messy. democracy is not always nice and quiet and gentle. it is going. democracy is not always nice and quiet and gentle. it is going democracy is not always nice and quiet and gentle. it is going democracy is not always nice and quiet and gentle. test .. you're late for work.

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down was not credible. swat teams and dogs swept the flight. and that transportation security administration received a call about a possibly threat. investigators are screening the flight as a precaution. the airline hopes to have passengers on their way soon. you know they can not be happy. >> absolutely. >> bernie sanders has a prediction about the convention in philadelphia is probably going to get messy. his campaign is bringing in people who are new to the political process and they want their voices heard. pointing out democracy is not always pretty. >> so what every day of my life is messy. if you want it quiet and orderly and allow things to prosowed without vigorous debate that's not democracy. is about.

>> and we have our guests, thank you for joining us first of all. >> thank you, katelin, i will start wu. bernie sanders' campaign requested a recount in kentucky where he trails clinton. and all 120 counties there, he wants them recounted and not only is he not going away. he's not going quietly. >> that is problematic for the clinton campaign who wants to wrap up this contest to be able to fully focus on taking on donald trump. she's had to wage a two- pronged campaign. one against sanders and trump. the contest between hillary clinton and trump is at a dead heat. he overtook her for the first time. and you are looking at the democratic side.

and the pressure to really unite the party which is possible, clinton will need sanders to come on for her. we are seeing in polling, a recent poll by the nbc wall street journal poll, sanders supporters are likely to back clinton, they are not enthusiastic as the clinton supporters are. and having said that, looking at that poll, that shows donald trump leading, he his coalesced the republican party and so the democrats could look for the same. >> the polls, the same polls, matthew they show sanders leading trump. and so he has that going for him. but what about coalescing and having the democrat party unify? >> it will be hard. the clintons have given half of

the platform committee seats to sanders and he's filling them, but that is not enough for bernie sanders. i don't think he has the clinton campaign's or democrat party special in mind. he is a democrat socialist and independent. and basically like ralph nader ran inside of the party in 2000? what does that hook like. a character winning states and getting a huge financial support and not beholden to the party interest? hull hill will have to do a lot more if she wants bernie sanders to support her. it is not clear he will in the end. >> i found your article where you said the democratic civil war is another civil war where obama doesn't want to intervene. that is a good point. >> it is funny.

one person who can try to bring the democratic party to the close is barak obama. he's staying out. but the question is why? he is thinking of the democratic civil war as syria getting involved would produce blow back against him and elsewhere. and so for that reason, he will stay out. as you pointed out, republicans are coming behind trump, but i don't see how bernie sanders people will get behind clinton before november. >> katelin and matthew, thank you for joining us and we'll see what happens. if it is in fact a mess or not, thank you. >> the former bowling brook police officer drew petersen trial under way. his fourth wife is remaining missing.

but the prosecutor in his trial was a target of a death threat and they say that petersen is there's a place for vacationers who seek more

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wizarding adventure reveals moments that are truly epic. this place is made for those who do more than just vacation. ♪ whoa go with me now it's made for those who vacation like they mean it. universal orlando resort. hi, everyone, i'm gretchen carlson. bombshell in the bill cosby saga. he will stand trial now for criminal sexual assault. new details from the courtroom. so is this the first of many cases? bernie sanders has requested a recount in the kentucky primary. could this now really shake things up? donald trump heading to new mexico today. but somebody really important in that state will not be there to meet him. she says she's just too busy. who is it and why? all of that on "the real story" just minutes away. there is a chilling legal drama unfolding outside chicago.

drew peterson in prison for murdering his third wife is on trial now for allegedly plotting to kill the prosecutor who put him behind bars. the inmate he's accused of enlisting to help told jurors that peterson also confessed to killing his fourth wife, stacie. she's been missing for almost ten years now. matt finn is live in chicago with more on that. matt? >> john, it makes you wonder where does it end with this guy. a fellow prison inmate of peterson has testified in court that peterson offered him $10,000 to have the will county prosecutor, james glassgo killed for prosecuting him for the murder of his third wife. he said he wanted him killed because he said he could win an appeal on that murder conviction if the prosecutor was gone. >> this is a long-standing

belief and hatred that mr. peterson has had towards mr. glasgow. this isn't just something that happened overnight. the theme was the anger, hatred and animosity. >> the prison inmate who says he was offered blood money got a hold of police and later recorded conversations with peterson. peterson's defense maintains he is not guilty and argues the tapes are just prison talk that don't make sense. the trial currently is in session and is expected to last about a week. peterson is currently in prison for 38 years for the murder of his wife. he faces up to 60 additional years on these murder for hire charges. of course, this is just the latest chapter in the shocking life of drew peterson. he is convicted of killing one wife, heavily accused of being involved in the disappearance of another whose body was never found. >> never ends with that guy, so it seems. thank you, matt. coming up, a close call for two people pulled -- after their

plane plunged into the waters off hawaii. the amazing rescue next.

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federal authorities are investigating a plane crash in hawaii. two people rescued when their small plane crashed into the waters off oahu. authorities say the plane experienced engine trouble on its way to honolulu so the pilot tried to ditch in the water. a nearby boater and a lifeguard on a jetsky rushed off and pulled the two people from water. helen hunt and jodi foster. they look a like. a little bit. right? they could be long lost sisters maybe. but not exactly. helen hunt tweeted this -- ordered my drink at starbucks, asked the barista? she wanted my name. she winked and said, we got cla. #jodifoster. starbucks is apologizing to miss hunt about the mixup.

>> could understand why they might mix them up. >> they look similar. but they'll get it right next time. thanks for joining us. >> "the real story" with gretchen starts right now. major decision in the bill cosby sex assault case with a pennsylvania judge now ordering him to stand trial saying there's probable cause he was involved in a crime. hi, everyone. i'm gretchen carlson. this is "the real story." bill cosby due back in court for his arraignment less than two months from now as the man known as america's tv dad gets ready to stand trial in the lone criminal case lodged against him. the judge heard portions of his accuser's police statement read in court today. she was not there. before making the decision. she told authorities cosby violated her after giving her pills that left her dizzy, blurry-eyed and made her legs feel like jelly. she's just one of dozens of women who claim cosby molested them. gloria allred represents some of th