that does it for marcia today, i will see you back in new york, martha, have a great one p9 good to have you here. "happening now" starts now. jon: well, presidential candidate donald trump with more choice words for the media in that ongoing feud, causing some people to raise more questions about his temperament. welcome everybody to jenna lee, i'm jon scott. heather: trump calling out several journalists in that news conference attended to address questions for fundraising over veterans groups. in a federal lawsuit

involving the now-defunct trump university, those suits brought by this crumpled former students. trump placing the blame on one person, listened. >> drug has been very unfair, has not done a good job. he's been a very bad judge and i will win the trump university case, i already and as far as i'm concerned but i will win the case. because i don't care. you know what? i don't care.i have a judge whose very unfair. you'll see it in court documents. jon: blake norman joins us from washington to tell us what those documents show. blake.reporter: donald trump was unapologetic yesterday and that continues from the candidate and his campaign today. trump tweeting just earlier this morning that he still feels he's being treated unfairly as it relates to the millions of dollars he doled out to veterans groups which was the reason for that news conference yesterday. trump tweeting, i raised /gave $6 million for the

veterans and the media makes me look bad. they do anything to belittle, totally biased. trump's national cochair saying on the foxbusiness network that they feel the scrutiny is actually playing well, listen here. >> i think this resonates extremely well for voters. because i think the voters all a lot of the same beliefs and i think this is particularly on the people who support mister trump, people have been disenfranchised, people who have not voted and are staying away from the polls for years, they don't trust anybody in politics . reporter: the campaign continues to push back on the trump university litigation, the playbook which were on the field yesterday during that news conference show the instructions employees were given on how to reel in prospective students. campaign spokeswoman hope fixed saying today it has no bearing, no bearing on the merits of that case. quoting here. many of the evidence including declarations and surveys from former trump university students demonstrates the high level

of satisfaction from students and that trump university taught valuable real estate information. however john, the campaign of hillary clinton is pushing the story today and doing so hard. on to this morning reading, holding here, trump university's own employees describe it as a scam. the campaign secretary also quick tweeted out this morning they will make the case going forward that trump is a con man and that trump university is an example of just that. john, heather jon: blake berman from washington, thank you . could trump's jabs at the media and these new documents in the trump university case impact his chances in november? we talk about it with philip , a water writer for the washington post politics long and michael warren, a staff writer for the weekly standard. thanks for being here. you heard donald trump yesterday taking on the media in general individual

reporters in some cases. michael, why? >> because he doesn't want to talk about anything else. he doesn't want to talk about the fact that he didn't give about half of these charities the donations until the washington post ran a story asking questions about the donations. he doesn't want to talk about the trump university suit. trump knows that the only entity in the united states, maybe more unpopular than he and hillary clinton are the media so he goes after us and that does play well for him but it shouldn't stop us from talking about the actual meat of what these reporters are trying to figure out which is how much money for instance did these charities receive from the donald trump fundraiser, why did it take so long for them to get that money. jon: if it was your paper, the washington post that raised some questions. talk about the timing of all this.the article as well as the checks. >> sure. apparently what happened is back in january while he was boycotting the fox news debate as you may remember he held a fundraiser, he's been talking about it since and

dave and karen hold went back and looked and try to figure out which charities have got money as a result that he wasn't able to find any. he wrote an article about it, reached out to the campaign. it was at that point on the same day or in the same timeframe as that article ran that the charities that donald trump outlined yesterday started actually getting checks from donald trump personally and from the people who had given that money so without that happening, there's no guarantee that money would have come to those charities on this timeline if at all which is the entire point. no one in the media objects to money going to charities for veterans. the question was, have the money gone there on and until he poked around, it hadn't. jon: sticking with you for a minute philip, donald trump said yesterday that he didn't want the attention. he didn't want all kinds of you know, credit for this fundraiser and that's why he hadn't been making a big deal of the issue and to set these checks.

>> sure, and i think people can be the judge of whether or not that's the case. this is guy who had his own telethon raising all this money, talk about it repeatedly that he raise all the money for charity for veterans. every time he talks about veterans he talks about this thing. to the point that was made, it serves donald trump well to make the media the bad guys or to make the judge in the trump university case the bad guy because for trump supporters, that gives them a reason to doubt what the media is saying and what the judge actually said in his verdict which is absolutely at issue here. jon: it was a point came back in time and again during that raucous news conference. listen to this. >> the press should be ashamed of themselves and on behalf of the vets, the press to be ashamed of themselves. they are calling me and they are furious because i sent people checks of a lot of money and i'm going to give you the names right now which is what you want and instead of being like, thank you very much mister trump or trump

did a good job, everyone said who got it, who got it? and you make me look very bad. i have never received such bad publicity for doing such a good job. jon: does he have a point michael? never received such bad publicity for doing such a good job if this is bad publicity, i don't know what is. he's essentially saying that donald trump is sort of arguing that people asking about a charity fundraiser that he instigated, that he promoted are somehow bad people. yesterday he said something to the effect of, the reporters were calling these bets charities individually were disgusting because they were asking these questions of these charities. david ferrin hold of the washington post and a lot of other reporters in february, i called a lot of those charities myself cause the donald trump campaign, when i asked them for me to call the charities so if the campaign tells reporters call the charities, they're the ones who can tell you how much money they receive and then

when they do that it prompted trump to actually pay the charities, donald trump goes off on them and says there disgusting. it's like the tactic of a bully so i don't think he has a point when he says it. again, trying to play to his strengths which is to denigrate those unpopular parts of the culture like the media . jon: he might have some problems with pollsters as well because the latest quinnipiac poll does not show him doing well against the two democratic contenders, donald trump loses to hillary clinton 41 to 45 percent at least right now in this quinepiac snapshot, loses to bernie sanders 39 to 48 percent . how does he try and turn those numbers around phil? >> it's a great question. obviously we are very early, there's still 160 days until election day but what we saw

in 2008, there were two times john mccain passed barack obama in the polls. after the consolidated support from republicans when he won the nomination and after the convention. i don't know what trump can do.he's favored by white men but most other groups are other split between the two or paper hillary clinton and the thing that's important to note here is that this poll is in line with a recent trend if you look at an average of polls where donald trump has stopped gaining ground against hillary clinton and in fact in the real clear politics average he's started moving back toward clinton. that's not the movement you want to see.you need to look at the trends over the long term as the election approaches and it's not clear what he can do to change that around. jon: by denigrating the media, does he run the risk of just getting unfavorable coverage from now on or does he generate support among those who are already on his side and feel like the media are being unfair to mark. >> look, i think donald trump as a base of support, he's going to get probably at least 30 percent, maybe 35 percent of the vote guaranteed. no matter what he does, he's

going to get that amount and going after the media is going to strengthen that support but i think philip is right. the question is, is he going to reach out on that. that's something the trump campaign has been claiming they can do because they say they did it in the primary that they pulled in people who work voting in republican primaries before into the process. the problem for donald trump and republicans is that a primary election is not in the general election. there are a lot of different groups who view donald trump unfavorably. if you are viewing hillary clinton unfavorable as well as i think the problem for both the stand that is why you are seeing a libertarian candidate and other third-party candidates in the ballot because these are historically unpopular candidates but right now trump as the disadvantage and it's hard to see why going after the media is going to do anything to help him boost his numbers with those important groups be one for you guys to write about politics, this year is a

bumper crop of available material. michael warren from the weekly standard, phil from the washington post, thank you both. heather: a lot to talk about. let's talk about the other side of the aisle, the democrats. hillary clinton and bernie sanders in the campaign trail today, clinton making her way through the state of new jersey i had of next tuesday's primary. sanders focusing on california where polls show him a lot in a tight race with mrs. clinton. our national security correspondent jennifer griffin is live in newark new jersey. great to have you in the region jennifer. tell us about hillary clinton and what she hopes to achieve in new jersey today. reporter: heather, we are outside the window at rutgers university where she will be introduced. we expect singer bob joby at 1 pm today. she had hoped to spend more time in new jersey but she's cutting it short to get out to california. she anticipates, her campaign

anticipates they will cross the finish line here in new jersey next tuesday. she is sort short 71 delegates right now if you include those superdelegates. last night she attended two fundraisers and raised quite a bit of money in new york and new jersey. the one in new york, lawyers for hillary was an event with former attorney general eric holder and the one in new jersey with senator cory booker who was widely talked about as a possible vp pick. the new york city lawyers for hillary fundraiser made $2 million, the new jersey fundraiser raise an estimated $1.3 million. also notable this morning as john minton , the latest quinnepiac poll shows that hillary clinton would beat donald trump by four percentage points, a virtual tie. more importantly it shows her ahead of sanders by 13 points nationally. some recent polls show her ahead of sanders among california voters by double digits, others show her neck

and neck. a loss in california would be devastating but not stop her from clinching the nomination, we are told. the superdelegates who have already pledged to clinton give her a great deal of confidence. she has 543 of those superdelegates to bernie's 44. other important points from the pole today, american voters say clinton is better prepared to be president than trump by 56 to 35 percent according to quinnepiac. 57 percent of voters get hillary clinton very unfavorable or strongly unfavorable ratings. that's a contradiction they are. later tonight after another fundraiser in boston, also headlined by jon bon jovi she will head to california. fox news has just confirmed she will be getting a major national security speech in san diego tomorrow, a speech she planned to get in new jersey. aids tell us he will make the national security case against donald trump presidency, the shift to san diego mostly because that is

a large military community there. 20 percent of all jobs are military base in san diego. he's going to be out in california for the next five days, we are told. back to you. heather: jennifer griffin, thank you so much on great to have you in the area. stick around the one police on the lookout for a woman facing charges of child sexual abuse. she is in eighth grade english teacher and the child was a student. police say that is not the end of the story. plus, devastated neighborhoods in texas bracing for even more rain as the brazos river hits record flood stage. we want to hear from you. who do you think will win the democratic primaries in california. >> mark bernie sanders or hillary clinton? our live chat is up and running, go to foxnews.com/happeningnow to get your thoughts into the conversation. (politely) wait, wait, wait! you can't put it in like...

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a lawyer on trial for invading a home outside washington holding a couple hostage then standing then. cannot use the defense of involuntary intoxication, that's the judges ruling in andrew scholes trial. he and his wife alicia each charged with attacking a managing partner of alicia's law firm and his wife after he fired her. a middle school teacher near houston accused of having a sexual relationship with a 13-year-old student. and police say she became pregnant with the boys child. alexandria vera aces a child child sexual abuse. police are still looking for her. and police say a good samaritan was shot to death along with a woman he stopped to help after a car crash in east mesa arizona. they say he happened upon the woman and her husband in the middle of a domestic argument. the husband was arrested. heather: a fox news weather alert to bring you now for folks in southeastern texas were bracing for more rain

and a lot more flooding to come. the streets and neighborhoods already underwater and as you can see here, we've been telling you about, the brazos river running overits banks , it already has hit a record. forecasters say it will stay that way for a while. casey siegel is live in richmond texas west of houston. we've all been talking about it here. how concerned we are for people safety down there. how are things looking right now? reporter: i got to be honest, things are looking good. the weather is so strange. it was sunny when we started then the last hour cloud rolled in and it started raining and now the sun is back out and you can see ask your why the people are watching the sky closely because the last thing they need is any more water. this is a neighborhood that is partially swallowed up by the brazos river you were talking about. the water so high people had to hightail it out of here.

there are still mandatory evacuation orders for a handful of communities in this region, hundreds of people affected in a very large part of the state stretching between houston and austin. check out the scene from up above. this drone video paints a much larger picture of the widespread devastation. muddy water as far as the eye can see, destroying homes and businesses. we caught up with mike and dorothy, an elderly couple had to be rescued by boat here in richmond. they've been here since 1968 and have never seen it like this and they are concerned with more wicked weather on the way. >> that's one main reason we are moving out because of the bad weather coming in.and no telling how long we will be able to get back. and to be on this side, we are getting out. reporter: your heart aches

for these people. shelters have been set up throughout the area to help those who have been displaced. a lot of people as you can see heather we can't return home yet. heather: they certainly can't and we watched so much horrific weather this past year. casey siegel, thank you so much. we're thinking of our friends. jon: what a mess. the baking staple pulled from the shelves now. which brands of flour are just being recalled and why. plus, hillary clinton again admits she made a mistake when it came to her email but is all the attention on this controversy keeping her from making a key strategic moving her presidential campaign question mark we go in depth. >> when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future.

if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges. right now, several brands of

flour part of a voluntary recall after the centers for disease control found they could be linked to an e. coli outbreak across 20 states. those brands include gold medal flour, wonder flour and signature kitchens lower. they note e. coli has been found in the flour but the cdc says victims of the e. coli outbreak all reported making something with those brands before they got sick. consumers with the affected brands of flour are urged to call one 800 230 eight 103 if they have questions or want more information about the recall. heather: new information if you are planning a trip to europe this summer. the state department warns to keep your guard up. united states issuing a travel alert for americans leading to travel to europe saying that places popular with tourists and several major events could become terror targets. security already tight over the deadly attacks in terror

paris and brussels and the state department says there is no specific threat but terror groups are always looking for a chance. let's talk to mark dewitt, executive director of the foundation for defense of democracy. good morning to you. what do people planning a trip need to know? >> they need to know that in europe today there is severe terror threats, a threat that is emanating from the middle east, from places like syria and libya and a rack as the result of hundreds of thousands of radicalized muslims throughout europe and thousands of them going over to this countries and in the middle east and returning with the intent to kill their countrymen. heather: what are we supposed to do with this information. >> markets is broad, not specific saying: for example, that tourist traps could be terror targets. we know that already, don't we? >> it's a warning for americans that if you're going to go to europe, day away from these major venues. there's a lot of beautiful things to see in europe, i

wouldn't be canceling my plans but i would stay away from these major venues. i wouldn't necessarily be taking the netpro and i'd be avoiding crowds while you are enjoyingthe summer in europe . heather: mister kirby over at the state department, the spokesmen over there, isn't discouraging people from going to europe this summer and he's not discouraging people from attending some of these events but the typical mom and dad, i always take my kids to austria in the summer and finally ended up saying you know what? europe is still going to be there. i'm going to do that another time. what the parents need to know court planning a trip? >> they need to know that the chances of this happening are low but they also need to be prudent about going to places like austria, france, germany or the uk to enjoy those countries but enjoy those countries without going to soccer stadiums with hundreds of thousands of people there, it's just a prime target for isil and you have to recognize that as part of the president's policy, the

middle east is in flames and jihadists are trying to get to europe to do terrible damage. heather: to be fair, it's also about european policies. they opened the border so anybody can cross the border who's been in another european country and may have been in syria for terror training. >> we also have to remember the americans, the counterterrorism officials are our actual line of defense against those jihadists jump on a plane from heathrow or charles de gaulle in paris and flying to jfk or dulles airport. heather: we certainly hope so. the state department says there's no alert, not a warning. there's a difference between the two, what is it? >> they don't have any specific threat information right now. this again is just general atmospheric they are concerned about but they know european counterterrorism officials are inundated today with red alerts and their system is breaking down and i think this is a recognition of that so there's no specific warning right now

that would constitute something of that grave nature but there telling americans you know what mark be careful if you go to europe. just be cautious where you spend your time. heather: our folks now know, let's go to yellowstone national park.lots of great things to do here in the united states. mark, thanks a lot for your expertise from the foundation of defense and democracy. >> thank you very much p7 where you want to go? jon: i'm a big fan of yellowstone. we are watching the big board on wall street, we will tell you when the fed thinks a rate hike might be coming. ...clear for take off.

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heather: 33 minutes after the hour, approximate is this alert. stocks fell in early trading on wall street as the price of oil has dropped. the dow jones down 30 points. let's check in with nicole paganini from our sister network, foxbusiness network. shejoins us from the floor of the newark exchange area i nicole . >> good morning. every single day, i get all the action and see what everybody's trading and what's going on so now i bring you this and that is

right now the dow is down about 40, has been lower we are all the lows of the day. this after four straight months of gains so we are seeing negative action. again, not too bad. it's worth noting that energy also has come off the lows today and we do have the opec ministers meeting in vienna and that's where they will begin putting out oil prices, oil freeze which is unlikely but these are some of the things people are talking about. we had oil at $50 a barrel this year but it has not slowed and settled and that's something people keep an eye on. those energy stocks go down with it. another thing investors are watching is janet yellen and the feds, the next fed meeting, will they raise rates at that time was mark janet yellen alluded to the fact that the fed height could be coming in months. investors betting more likely july rather than june. june, july, september and december so we want for any rate hikes during those times. something in a wait and see mode, it's friday's job

report and that will be something that could move the fed's decision one way or the other. it is estimated they will have 152,000 non-payrolls added an unemployment dropping to 4.9 percent but that could obviously one way or another contribute to the rate increase if there's good news there. nike has been under pressure. sports is already enough the bankruptcy and that's hurting both under armour and nike. morgan stanley put a downgrade on nike and that the dow component so that's been under pressure. this is talking about competition from adidas and under armour as well as use sales may be softening. on the positive side, less amazon. lotta people we are talking to our shopping at amazon so those docs have hit a record, lifetime high. so as amazon shoppers keep shopping, the stocks keep going higher. it's over 70 percent in the last year of trading. heather: nicole, great to see

you. jon: america's election headquarters now and new concerns about the impact of the clinton email controversy on her presidential campaign. as the former secretary of state again admits she made a mistake and tries to defend herself. >> actually, the report makes clear that personal email use was the practice under other theories of state and the rules were not clarified until after i left so as i said, many times chris, it was still a mistake. if i could go back i would do it differently. i've said many times it was still a mistake and if i could go back i would do it differently and i understand people may have concerns about this but i hope voters will get the full picture of everything i've done in my career and the full threat posed by a donald trump presidency and if they do i have faith in the american people that they will make the right choice here.

jon: let's talk about the politics of all this with a couple experts. hogan give lee joins us, gop strategist and former communications director for mike huckabee. simon rosenberg to the right of your screen, president and founder of nbn and a former campaign advisor to bill clinton. the democratic point of view simon, how serious an issue is this for hillar? >> it's a serious issue and i don't think anybody should downplay it. she is despite months of attention on it and what was a very tough id report, if you look at the polling averages she's fill up my 304 points over trump and eight or nine points over bernie sanders and these campaigns go on for two years and her campaign is about to hit a really important point.in the next two months she's going to wrap up the nomination, she's going to

pull her party back to back together, pick a vp, she's going to have a lot of opportunities to tell a more positive story about her candidacy and she's had in the last few months. if she does that well she should be in the drivers seat for the fall election. jon: she said many times and you heard it there that she would do it differently if she had to do it again hogan but one of the points that's made in that id report, the inspector generalreport is that she declined to be interviewed by the inspector general. she has said she would cooperate with the investigation into the email situation . why not talk to the ig? >> she said she would cooperate. she said she would be transparent, she's been neither. aside from the fact that the other secretaries of state, secretary perry all did this interview. not only did hillary clinton not do it, her staff was instructed not to do it either. that reeks of a cover-up, reeks of some type of just nefarious behavior on her part but let's be honest here. what she did was she willfully and knowingly retain classified emails on a non-secure server on eight non-government server that

was in an unsecure location. no other cabinet official has done that. she said she turned over all the emails that are supplied, we now know that's not true either. 1300+ been revealed to be classified and some top-secret because of this report and others like it and the beauty of this is, it's not a bath right-wing conspiracy, not someone attacking her from the right. this is an appointee of barack obama for ig, not to mention the fact that the fbi is still not concluded its investigation. this is trouble for her and it's not the end of this, it's the beginning and that's really the most damaging thing here. >> it raises questionsabout judgment and you want a president with good judgment. she's raising questions about donald trump's fitness to be president but this raises questions about judgment . >> look, it was a mistake. i come here on fox news for over a year and i probably said 30 or 40 times this was a big mistake. she's got to own it and do

everything she can to put this behind her. jon: how does she do that? >> we've got a legal process playing out. some of this is out of her hand. there's a court case moving forward, there's the fbi investigation, eagle processes in place to investigate this that she can't control and are going to be as i wrote in my column this week, they're going to be part of the campaign and possibly into her presidency if she wins the election in november so this is, they've got to work very hard now. one is to be as clear as day about what happened here and i think they struggled to do that and the second thing is to use this opportunity over the next few months before she picks the vp and everything else tell a more complete story about what her presidency is going to look like the people in canada want to support her they are going to be more enthusiastic about going to the polls. jon: it gets to that honest and trustworthy number. bernie sanders enjoys pretty positive marks in that regard, hillary clinton not so much and as he's trying to

come into the democratic convention with a head of steam and defeat him in california, there are a lot of questions . >> absolutely and i do commend simon for being honest and saying it's a problem because it is a problem for her and he understand that and most democrats see that because they see the polling and you put it up john, it's trustworthiness. people don't view hillary clinton as trustworthy and what this does is it under scores the narrative that already exists on hillary clinton, much like a 47 percent comment for mitt romney and solidifies what people thought that he was a rich, white, old man didn't know how you or i felt, didn't understand the common man. this only goes to ó to hillary clinton what we already know, that she's untrustworthy, money hungry, power-hungry and she will cut anyone's throat to do it and

she believes the rules don't apply to her and that's the biggest problem because right now this election isn't about right, left, democrat, republican, conservative, liberal. it's about establishment versus the rest of the people and hillary clinton and bodies the establishment and right now the establishment is persona non grata because they feel the establishment got us in the mess we are in today. jon: hogan give lee and simon rosenberg, we may have you on another time to issue that proclamation once more. we appreciate it.thank you. >> she's still ahead in the polls. jon: that is true. thank you. he said a massive transformer. or sending flames and the black smoke high into the sky. we tell you where this happened plus more dramatic video coming up next. also, a man arrested for killing an intruder who broke into his home and tried to rape his wife area could this man actually face jail time, not the intruderbut the man trying to protect his wife. our legal panel weighs in next .

. heather: now to the case of a new york city man facing charges for killing an

intruder who broke into his apartment and tried to rape his wife. mama do the yellow was charged yesterday, this is the husband by the way. he has since been released on his own recognizance and here is how it went down. the all his wife says there was an intruder who walked around the hallway knocking on doors of their apartment building. she thought it was their child. she let him in. this happened in the bronx. he then threatened to rape her. she offered him money to leave and he responded by saying i don't want money, i'm going to rape you. finally yellows wife managed to get free from that man, called her husband who was outside for a parking spot at the time thankfully and that's when police say the yellow ran inside the apartment where he found that intruder and beat him to death with a tire iron in the building elevator. eric duster is a criminal defense attorney, richard st.

paul a former prosecutor and criminal defense attorney. our viewers in this, i can imagine why no one wants a loss of life or anyone our viewers would say this man did the right thing in trying to defend his wife there is not a jury in america who would convict this man of anything. i had a case similar to this where a man was defending his sister. he shot him, the man got off because juries can sympathize with a person walks in, got a call saying i'm being attacked, i'm being raped and you see the guy. there is not anyone in our country who would actually defend it and say this man deserves any punishment. heather: the man went on to die but the husband was originally charged with manslaughter and now that has been reduced. tell us about that, you spoke to the attorney. >> i spoke to the attorney and even his attorney admitted he could understand why mister diablo was arrested. there was surveillance video in which mister gallo is walking past the assailant and turns around after his wife points them out and then

they get into a scuffle. the attorney also said the charge had been reduced from manslaughter to assault in the third degree which means that serious bodily injury was caused or death as a result of a weapon being used so that's why the charges after surveillance video was reviewed, that's why charges were reduced from manslaughter to assault in third degree which carried a sentence of seven years as opposed to 20 years. heather: what's a guy supposed to do, pick up the phone and call 911 and weight as his wife is right in front of him? >> the legal theory, perhaps the prosecution has the duty to do an arrest and this is something the judicial system must sort out. the judge could dismiss it or they may put it in front of the jury for the jury to decide whether or not thiswas reasonable at the time. the prosecution , they do have a lot of leeway with cases but they also must make sure that they protect their rights of even the deceased person although it's believed that he was doing something wrong.

heather: there were mitigating circumstances such as a crime of passion could reduce your sentence so explain how that could come into play. >> the mitigating circumstances is the olive gets a call from his wife, she's screaming, she's frantic. she's bleeding on the floor in the hallway. she points out the guy. that's him. is he supposed to let the guy go who tried to rape his wife? who in america is going to say he didn't do the right thing by going after this guy? the thing is, they both start fighting with each other so that the assault in the third degree and the question would be is mister diablo defending himself at the time the defendant is attacking him. heather: what you think about that? was he defending himself or going after the guy? >> i haven't seen the surveillance but there's a great argument of mitigating circumstances given what was happening at that moment that he was restraining himself. heather: the charges be dropped altogether?

>> the prosecution will have a tactic where they can say were going to drop these charges, not going to sue him because they are still investigating this case but much like what richard said, he was defending himself at the elevator and there's a circumstance where he was defending his wife as well which that is going to be one of their legal theories that the defense will put up . heather: her sister-in-law was also at the apartment at the time. this guy has a long criminal record. attempted kidnapping, another charge against him and a conviction as well. >> and kidnapping, that's going to be the one to stick because he has other petty charges but when you have attempted kidnapping, now an alleged rape, that's going to come into play when you're looking at this case. heather: that happening in the bronx earlier this week, we expect to hear more about this case. people care about property rights and protecting their family. great having you on. john, what you have over there? jon: zika and the olympics. why there are fears not only about the games but the athletes once they get home from brazil. we are live with more. >>

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heather: growing concerns about the zika virus at the summer olympics hosted by brazil with fears not only for those attending the games but possibly spreading that virus to other countries when athlete and the spectators return home. steve is following the story live from our miami bureau. heisey. reporter: with the olympics two months away, they are real international concerns that continue to grow that expect half million tourists that could go into brazil for those games could really increase the rate of zika spread around the world. last week 150 health experts international experts published an open letter where they called for the olympic games to either be moved to another country or postponed. >> since the women's world

cup in 2003 was moved from china to the united states because of fears of a sars outbreak and we have to question at what point is the olympics and inevitability question mark what degree of public health crisis would we need to have to put public health above the realization of a three-week sporting event? reporter: there's already 30,000 cases of zika in rio alone. it's spread either by a mosquito bite, can also be transmitted through sexual contact. virus can cause serious birth defects, also cause neurological problems in humans. as far as the us goes, it this allegation will be there will be longsleeved shirt, long pants, mosquito repellent and a six month supply of condoms and there will be also be air-conditioned housing unit. some countries taking a step further. south korea will habitat needs wearing mosquito repellent infused chutes. heather: a six month supply of what? really? reporter: they've extended

the warning date for safe sex because of the zika virus so a six month supply. heather: okay, and he says it with a straight face. steve harrigan, thank you so much. concerned about the zika virus from brazil and the olympics be on breaking now, as you fire in phoenix after a transformer goes up in flames. it happened at an electrical substation. that black smoke is from mineral oil burning. we are told those fumes are apparently not a threat to people in the area. no injuries reported. that fire under investigation. be seven in the next hour of "happening now", incredible video showing some of americans bravest rushing to save an apartment building as it burns to the ground and also some of america's most beautiful landscapes. if you have never seen it, you absolutely have to go. the deputy editor of national geographic joins us talk about the 100 year celebration of ournational park . that's later.

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♪ jon: 100th anniversary of national parks. looking forward to your segment next hour. >> that is a treasure. jon: see you back here then. "outnumbered" starts right now. ♪ sandra: this is "outnumbered." i'm sandra smith. here today is harris faulkner, co-host of "after the bell" on fox business, melissa francis, jedediah bila is here today, and today's hash harks, we welcome back fox senior judicial analyst judge andrew napolitano. >> i wish i could fit all of you in my arms. harris: you can get in trouble for that comment. you might want to walk that back. i want recording of your voice to be my doorbell. they would be like wow, that sounds good.