goldberg for joining us today. we're going to stay right here for outnumbered overtime. find us on facebook.com/outnumberedfnc. we're back tomorrow at noon eastern. "happening now" starts right now. suspect will not back down. how this all ended and the good samaritan that came to the officer's aid. >> i would do it again today.

>> and it is the project. an angry hawk goes on the attack. where is this trail of terror? it is all "happening now". some great stories ahead. we begin with the done deal for donald trump. the billionaire businessman clinching the numbers. >> i am jon scott. >> there is a unbound delegates bumping his a, delegate total up to 1238. that is one more number to seal the deal. the milestone comes as mr. trump faces new criticism for

president obama. >> john roberts is with us and mike emmanuel. we'll go to john who is from bismark, north dakota where trump is expected to give an energy speech. >> reporter: it is it a big moment for donald trump to go over the top. the 1236 and 1237 are unbound delegates from here in north dakota. donald trump will tip the hat to the local crowd. he is speaking to a friendly audience. donald trump will outline the energy policy. he is a support isser of fraking and wants coal renewed in the country and renewable energy and drawing a sharp contrast with hillary clinton over wanting to

create jobs as opposed to hillary clinton who wants to kill jobs in coal country. donald trump taking a big hit from president obama who seems to have ignored the unwritten and time honored position that politics end at water's edge. in japan today he spoke to world leaders that seem to be rattled at the prospect of donald trump becoming president. and they tonight know whether or not to take him seriously. here is the president from earlier today. >> a lot of the proposals that he's made display ignorance of world affairs or a cavalier attitude or an interest p in tweets and headlines instead of thinking through what it is that is required to keep america safe

and secure and prosperous and what is required to keep the world on even keel. >> so hard today, donald trump has had plenty of opportunity to slam president obama for what he said. he slammed hillary clinton today. so far he hasn't. but in 30 minutes time he will hold a small press conference. and that will be a topic here and we'll see if he had words about president obama or he will decide to wait until he is back on american soil. >> really intchlth jo john roberts, thank you. >> the democrats are stumping through california ahead of its primary in less than two weeks. hillary clinton is speaking in las vegas at this hour. and bernie sanders rallies his young voters on the college campus in southern california.

we'll have mike emanual standing by in san jose. i looked at the poll, and clinton, two points ahead of bernie sanders there, it is close. >> you are correct. hillary clinton heading back to california for a campaign event and shaping up to be a race in the time two weeks. public policy institute of california had clinton with a seven point lead in march and now two points. 46- 44. clinton is investing time and energy here hoping to pull out a win on june 7th. she is not responding to reporter questions about the e-mail controversy. and focusing on gop nominee donald trump. >> only infla stukture plan donald trump planned is build a wall. a great big wall that he claims,

that he claims he can get mexico to pay for. i think we have to keep reminding him, this is not a reality tv show. >> reporter: bernie sanders is doing rallies all over california. he said he will win here. sand sand is blasting disney for hiring foreign workers and making products overseas. >> bring mickey mouse and donald duck back to america. [applause] let's tell corporate america that they cannot continue to throw american workers out on the street and move to china. we need those jobs here in america. >> reporter: the clinton campaign notes she doesn't have to win california to be the democratic nominee, but this is

an example of a state where she held a major lead and has evaporated, heather. >> thank you. meanwhile, the clinton campaign is in damage control mode. there is a report that found she violated e-mail policy. the wash wish post con seeds that the department's technology was outdated and former secretary of state powell used personal e-mail and insists it is no excuse. it is not illegal. but it was unmindful. rules. in the middle of the presidential campaign, we urged the fbi to finish its own investigation so all information will be before the voters. what does this report do to her campaign. here is chris wallace.

anchor of fox news sunday. bernie sanders said he was tired of hearing about hillary clinton's e-mails, but what about the voters? >> we'll see, obviously it has had a impact. when you look at ratings for honesty and truthfulness are deeply under water and unfafability numbers are under water. it is the source of the investigation that is important. it is an investigation by approximate the state department, the agency that hillary clinton ran by the inspector general that was appointed by barak obama and investigation ordered by secretary of state john kerry who succeeded hillary clinton. this is a state department investigation by the ig,

appointed by obama and ordered by john kerry. it is it hard to say if it is inspired by the republicans. >> the report came out yesterday and we have talked about it 24 hours now. there was a lot in there. but once you unpack it, there are contradictions to what hillary clinton said. she wanted to use that private e-mail for convenience. the inspector general found a quote she didn't want risk of personal e-mails being accessible. >> that's right. there is a lot of things she has said. she said it was approved by the state department and ig report said it was never approved and had she sought approval, they would not have given it to her. she indicated it was a matter of

convenience and by her own words, she was trying to keep her e-mails out of the public system. she said that she didn't break any laws and it appears that she violated the federal record's act because she left office and the guidelines and the law are very clear that she was supposed to turn over every piece of e-mail that had a public reference. and the only reason she turned over the e-mails was two years later, january 2014 when the house benghazi committee went to the state department and said we want to see hillary clinton's e-mails. and it took her 3 or 4 months to do it. there is a lot of what she has said since on the revelation.

>> they were concerned about the unusual e-mail situation and they were told to shut up and this was the secretary of state and she runs her own e-mail server. >> never speak of this again. it is it like the villian in harry potter, he's whose name must not be spoken. there was a tight lid of people who knew about it. and those who brought it up were admonished to keep quiet. >> one expects that donald trump will make a with the information in the report and see what the voters think. chris wallace, thank you. >> for more on the developing story, catch fox news sunday. chris will talk with oklahoma senator james langford who

serves on the committee. and adam shiff. >> a tornado touching down in kansas leaving a trail of destruction. >> that is what is. >> we have 20 or more homes that are damaged and some are no longer in existence. we've had no reports of injuries. some possible injuries that we are trying to validate and of them those that are possible are minor in nature but no deaths have taken place. maria molina joins us from abilene, kansas where people are picking up the pieces.

maria, we spoke with you this morning en route. what did you discover once you got there? >> the damage is extensive. homes are completely destroyed. it is great news that people were not seriously injured or that any injury that did was was minor. this is the images that we have travelled in the path of the tornado. behind was a house or structure and they are concrete blocks. and also brick that it tore apart. it could be rated an ef three or higher. another incredible sight. cross the street. that house that the crew working on had a hole that was the third of the roof of the house.

crews are working to patch up that hole. and the entire roof coming together. neighbors and families and friends are coming together out here in the abilene and rural areas north of that town to make sure that they continue to do the clean up efforts. they are rushing to complete the roof because we anticipate more severe weather in kansas and selippa and south and west of the region. there is a maderate risk and potential for strong tornados is in the region. they could have weather from texas to the midwest. >> maria, thank you. terror to tell you about p on campus. students stalked by a bird of prey. and the disturbing new

revelations about the fast and furious weapon's program. live pictures from arlington national cemetery. soldiers placing flags on the graves of the fallen there. 230000 flags will be placed in front of those grave markers as part of the memorial day flag ceremony position. these are soldiers honoring their fallen brethren. the all-new audi a4, with apple carplay integration.

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help her with the project. the first 17 seconds are me holding the phone and me breathing heavy and the blare witch project. >> the hawk is nesting. that's why. they get territorial. and the nesting will likely go on for several more weeks. madison said she will avoid the trail of terror. >> sharp ta lones. >> guns from the fast and furious program are still turning up in mexico. according to the doj records 100 guns were recovered in three years alone. william has more from los angeles on that. william? >> reporter: heather, this is a scandal that will not go away for president obama and not for freedom of information act and ju dushl watch it would be

a secret including the deaths of 22 mexians. the administration sent 2000 weapons to the cartel. mexican police recovered 92 weapons tied to fast and furious. and 82 rifles and 12 pistols. police found the guns in 15 of 31 mexican states and farther south than even mexico city. the guns are tied to 69 fatalities including 42 in a shootout in may of last year that killed a mexican police officer and dozens of cartel members. drug runners killed a police chief in a hide out of kingpin el chapo guzman. these documents were not handed

over voluntarily by the president but part of a lawsuit to recover communications to then attorney general eric holders contempt of congress citation. there was a congressional lawsuit that revealed e-mails how holder's top officials sdoen walled and concealed evidence from congress that has been trying to answer one question, which is why? why did the administration do this and send guns to people who would kill people. back to you. >> william, live for us, thank you. despite appearances that he is out of the race. bernie sanders is not giving an inch to hillary clinton. he vows to fight it all the way to the convention. by staying in the race, is the vermont senator doing damage to the democrats?

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we are down to two so it would appear likely to be elected president of the united states. donald trump is in bismark, north dakota. you can see the ementy podium and hold an event with reporters ahead of that. and on the right hillary clinton in a union event in las vegas. clufrn clinched the nomination and clinton in the news about p her e-mail practices that was scathing. and we might expect she will not open up herself to questions from the media but we'll see and she might surprise us. we'll have both events as they

begin. >> analyst say that bernie sanders' campaign is running on fumes. and sanders refusing to bow out. saying they did beat hillary clinton despite delegate math and sanders refusal to lie down is hurting clinton and helping trump. so let's go to the joe trippi. former howard dean campaign manager. thank you for being here. >> i wanted to read the first line to the folks at home. the article in the atlantic. it is by molly ball. this is how a revelation ends. idealism tested and optimism drained and hope turned to bitterness. not if you ask bernie sanders and his followers. maybe that could describe

hillary clinton's campaign right now, because joe, sanders' campaign have certainly tested clinton campaign. >> it was a stronger challenge than most people thought possible in the days when bernie was at three percent. you know, he's got 43 percent of the vote. and she's gotten 56 percent. one of the strongest showings on both part of the nominee and challenger. the problem is on tuesday, 4 or 5 days from now, she will clinch the delegate count even before california polls close. just by the time the new jersey polls close she will have the votes. at this point, it is looking like whether bernie sanders realizes or not. there is no math at all anymore for him to win.

>> ron, we just talked about donald trump clinching the nomination the at 1238. is bernie sanders helping donald trump? >> we thought hillary clinton would clinch the nomination a while back and we would go to a conupon tested convention for the republicans and the opposite is happening. donald trump is the presumptive nominee does bernie sanders going down swinging but not without a fight. the california polls are close. it is chlor he is going to lose. i think that you know, his people have a lot of hard feelings, you know, the democratic party will have to heal will those wounds and she will have to figure out how to make that happen and that will be what she figures out. it is a lot of hard feelings.

i imagine, i think obama, i think that trump has a shot at the sanders' suppor >> we'll talk about how trump can do that, joe. if you look at numbers nationally, hillary clinton's numbers are deteriorating with the liberals and young people and she will need those votes in the general. does sanders needs to step in and say vote for hillary? >> i actually think the bigger problem is not bernie sanders staying in or not his attacks against hillary clinton, but p more that it stops her from spending her time and money and effort at taking on trump and defining the race in that direction. because hillary clinton sort of made the convention unanimous in

2008. it gave obama time to define the republican in mccain nominee in the way that gave them a leg up and in particularly in 2012 he could do that. she's not doing that and trump is because he is the nominee. he is able to turn. and he gets in his own way at times like yesterday when he attacked the governor of new mexico from his own party. it is it the party that defines the other nominee while they are still fighting and in this case, it is unpredictably the republicans. bernie will not get out of the way. and he may go to the convention. >> he says he's going to the convention.

this is a u.gov, poll. 55 percent of the support issers said they would vote for clinton over trump. but 15 percent said that they would vote for trump and perhaps more of a concern, 30 percent who said they are undecided or stay home or vote for a third party. and clinton needs his supporters, not only to vote for her, she needs the enthusiastic, how does she do that? >> she's fighting a two front war as joe said and a huge distraction for her. donald trump has a leg up to identify hillary over and over. instead of attacking susanna martinez mart, he needs to focus on hillary clinton and not let up. he can bring over the sanders' voters to his side of the fence because there is a lot ofanger out there and that's what he

capitalizes his campaign. >> ron, and joe, thank you very much. >> we are standing by for remarks from donald trump for the first time since the associated press declared he has clinched it, that's just ahead. vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you.

>> a fox news alert for you. two navy fighter jets cluding off the coast of north carolina. two fa 18 super hornet jets

crashed into each other off of cape pattersous. four people were bailing out and plucked from the ocean by a commercial fishing ship and floun to the hospital in norfolk. the navy has not released details on their conditions. they said an inflight mishap caused the collision. blockbuster news out of america's headquarters, donald trump reached the number needed to clinch the nomination. unbound delegates threw their support behind trump. trump is set to speak to the reporters now ahead of a energy speech in north dakota. from there trump heads to montana and that is where carl cameron is live in billings.

>> reporter: hi, jon, it was said by the 16 delegates that trump could not clinch the delegates and now he did it. 1200 that he earned in primaries and caucuses and according to the associated press that does a rigorous canvassing of the unbound delegates, 60 of them said to the ap, they are committed to stay trump delegates. even if it were to have taken others. that puts him past the 1237. and he has clinched the nomination. it is not official. they could change their minds, but if they stay to their commitment trump will win on the first ballot and then he will have the unanimous vote. with that said trump will hold a new's conference where he is about to outline a energy policy

and as john mccain said and george bush all of the above policy. fossil fuels and or renewables trump is for them and make sure we don't have to rely on foreign oil specifically the saudi arabians. and trump last night and today in the news conference to address the comments from the president said in the summit. there president obama critizeded trump and said foreign leaders are raltsed by him. trump's campaign is happy to rattle and yet the president seemed to think that is a criticism. and last night, another sort of out of left field move. he was on the jimmy kimmel show and willing to debate, bernie sanders. listen to this.

>> yes, i am. how much is he going to pay me? >> you would do it for a price? >> yeah, if i debated him, we would have such high ratings and i think i should take that money and give it to a worthy charity, okay. >> [applause] you would do that. >> if he would pay a nice sum i would give it. >> what if the network put up the money? >> trump refused invitations to debate kasich and cruz. whether or not he would get on the debate stage highly unlikely. bernie sanders can use it as a weapon to say hillary clinton is too chicken to debate him. hillary clinton declined to debate earlier this week. >> president obama went after

donald trump as carl reported in a new's conference in japan. is it appropriate? our live chat is up foxnews.com/happeningnow. topic of the day. we hit the streets of new york to hear for ourselves what people are thinking. >> it's quite appropriate. he is the president and in charge. >> no, i do not. he speaks out way too much about things he shouldn't. >> bath mouthing your country to the another country is not the best way forward. keep it in house. but at the same time some things should be spoken out. >> he is important to be unbiassed. >> obama is obama. does what he wants. doesn't matter much for the american people. >> donald trump is handle. that he can come after that. >> we thank voters for voicing their opinion after taking part in our life chat.

>> we were here together when donald trump announced his candidacy and now the number. >> calharris. he was tried four times for the murder of his wife. this week he was acquitted after a 15 year legal battle and now taking the prosecutors to task. >> it's just been absolute torture that my children and i have been put through and no one, no one deserves to be treated like this by our own government. think fixing your windshield is a big hassle?

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♪ safelite repair, safelite replace. ♪ >> for 15 years and four trials, but businessman cal harris was cleared in the death of his wife. and now he's making accusation by violations by authorities. we spoke to mr. harris about it in our first hour. >> they will go after the

district attorney that brought the case to trial. we are going to prosecutor. who i know had a personal vendetta in this because her father john andrews used to work for me and i fired him. she should never have been on the case. >> we'll talk about it with vincent st. paul. you have worn both hats. he said the charges should not have been brought and it was a thin case and county and other officials were out to get him. how do you see it, richard? >> four times over 15 years in terms of being prosecuted sounds excessive. twice he was convicted of murder, both of which were overturned and third time a mistrial and fourth time was a jury trial where only the judge heard the evidence.

on the civil side is there a prosecutor misconduct that led to a wrongful conviction? or was there a false arrest or malicious prosecution in which the new york state police did not have probable cause for arrest. the prosecutor have evidence and didn't give it to the defense? or the new york state police didn't have probable cause to arrest him. >> there was evidence that developed in a burn pit on property not far from where cal harris lived and showed parts of a woman's bra strap and a button that may have been his wife's uniform and uncovered by the

defense. the prosecutor and state investigators didn't come up with the stuff. that doesn't mean that the prosecution was wrong in terms of prosecution or committed misconduct because they didn't find the evidence. most people, most defendants would not have that. the defense hire aid private investigator who found those items and offered it a defense to say that there was reasonable doubt. there was reasonable doubt two others could have committed the crime other than mr. harris. >> michelle harris was last seen on september 11th, 2001, the day of the terror attacks and for a while, at least, that was the last public knowledge that she was seen anywhere, and then after cal's conviction a witness said hey, i saw her in her drive

way at 6:00 a.m. on september 12th. and she was talking to a couple of guys and i had to swerve around the truck. that blew open the first case and every since then prosecutors have not built a successful case against him. >> that's correct. the prosecution and the police have to do their job. it is very difficult to sue them for doing their job. the question will lie on whether or not mr. harris will be successful that he can prove prosecution committed misconduct. were they hiding information? did the police officer lie under oath and that is a question of whether or not he will be successful in his lawsuit. >> we'll take you now to texas.

we learned that the mother of the so- called affluencea team has been indicted bite grand jury for allegedly takes her son to mex doe. she's in a bit of trouble, richard. >> in this case, she is an adult and her son was a juvenile and he had a light sentence. recently he's serving two years for each person that he killed while drinking and driving. as an adult, she could face more time than that. and it is difficult to see her defense would be. it so manies like she aided and abetted her son going to mexico and even if he made the decision to go to mexico she paid for the hotel room and provided money. in addition to money laundering, she took out $30,000 to help

them escape from a crime. >> law enforcement not happy with the whole situation. she could be looking at jail time ahead. thank you for being with very being with us. >> always a pleasure. still to come -- we are awaiting remarks by donald trump who today reached that magic number of delegates to clinch the republican nomination for president. his comments live when we get them. after a long day, dave stops working, but his aleve doesn't. because aleve can last 4 hours longer than tylenol 8 hour. what will you do with your aleve hours?

hi, everyone. i'm gretchen carlson. donald trump is about to give his first media availability since clinching the republican not nation any moment from now. we will take that live. new details from the bernie sanders camp over whether he an trump will debate one-on-one. that would be epic.

plus, close clinton friend and confidant governor terry mcauliffe does a 180 now. you'll never guess whose private home of he was in. or maybe you will. "the real story" six minutes from now. thank you, gretchen. the people speaking out in virginia. the commonwealth now weighing a historic ballot measure granting a tax exemption to the widows of first responders. that story from our plaza here in new york city, looks like a beautiful day out there, douglas. >> reporter: every day first responders risk their lives to take care of us and our families. but when they lose their lives, are we doing enough to take care of their families? your husband really took care of you financially. >> very much so. there's no way that i could have lived on my salary.

>> reporter: every may since 2001, marlas attends a memorial service for her husband, tommy, a police officer killed in the line of duty. unfortunately, you and your three children faced bills that tommy had previously taken care of. >> yes, we did. it was difficult because there was such a big shock when it happened. and we were so overwhelmed. >> reporter: of particular concern to her was the tax bill on their home here in fairfax county, virginia. she didn't want to fall behind because she didn't want to lose the only stability in her life. enter, virginia delegate tim hugo who heard stories like marlys' and felt compelled to do something. the problem you faced was virginia's state constitution which requires every resident to pay property tax. >> we figured out we wanted to help the families but we had to change the constitution.

>> reporter: this november, a ballot measure will do just that, allow local municipalities to exempt property tax payments from widows of police, fire, or first responders who have lost their lives in the line of duty. these are people who gave their lives to the state of virginia. >> right. we don't ask anybody else to run into a burning building or strap on a gun and body armor and run into a dark alley. we owe it to these families of these fallen victims. >> reporter: and a great solace to marlys who says for the first time in over a decade, she finally feels taken care of once again. >> it would be gratefully appreciated and definitely helpful. >> reporter: helpful to marlys and dozens of others who lost their spouses in service to virginia. that's it from here, heather. back to you. >> thank you, douglas. we'll be right back. you don't let anything keep you sidelined.

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all eyes on bismarck, north dakota today.

that's where donald trump is going to hold a meeting with reporters ahead of a campaign event. we expect he will certainly be talking about the fact that the associated press says you now has enough delegates to clinch the nomination. we'll have it for you live when he starts. thanks for joining us. >> see you back here tomorrow. >> "the real story" with gretchen starts now. so donald's done it. real estate mogul reportedly winning more than enough delegates to clinch the republican nomination for president. hi, everyone. i'm gretchen carlson, this is the rs. as you just heard, we are awaiting that highly anticipated speech from trump at a petroleum conference in north dakota where he is expected to outline his energy policy. some unbound delegates in that state now pledging their support to him and that's according to the associated press. so that puts trump over the top with 1,238 delegates. one more than the magic number needed. senior national correspondent john roberts live in bismarck today for us. he's inside the event so he's on the phone patiently waiting. jon?