bill: we going to california? martha: it mentally, yes. california state of mind. by everybody. we will see you tomorrow. jon: everybody's going to be paid be thinking about california but now donald trump is still smack into the middle of that growing controversy over the comments he made about a federal judge. some are calling those comments racist. and eric shawn in for jon scott. melissa: i melissa prances in for jenna lee. donald trump not just doubling down on calling the

judge in a lawsuit against trump university because of the judges mexican heritage but going even further now. sing muslim judges could be biased against him too. some top gop figures blasting trump. former house speaker and trump supporter newt gingrich calling his comments on indiana born judge gonzalo curiel quote, inexcusable. all this is the presumptive gop nominee and makes a stunning admission of a former libyan dictator moammar cannot be. john roberts is live outside trump tower in new york city where things are deep digging deeper by the minute. reporter: melissa, there's a large crowd gathered here outside trump tower because in the next few minutes some democrats and allied groups will be responding to what donald trump has said about judge gonzalo curiel. typically it's your opponent who tries to take you off message for donald trump has got this uncanny abilityto take himself off message and that's where he finds himself today , kind of trying to dilate back while at the same time moving forward on the same thing. he said late last week that judge gonzalo curiel who is a federal judge overseeing the

trump university lawsuit and an absolute conflict of interest because of his mexican heritage. the judge was born to mexican parents in indiana. he himself is an american. trump doubling down on those comments yesterday, also adding that he doesn't know if the muslim judge would be able to treat him fairly. earlier today on fox and friends, donald trump was at waikiki overshadowing his own message with statements like those. >> i don't accept, they bring it up. when i sit down for face the nation and john dickerson, a good guy, asked me a question and the first question is about this and then the second and third question are about this andthen i sit down for jake and the first question is this and the second and third question also are this , you know, you have to respond. reporter: a lot of republicans are running the other way as fast as they can, at least on this issue. the care of the house paul ryan saying he doesn't understand this, it came out

of left field. the former speaker of the house newt gingrich saying he thinks this is the biggest mistake donald trump has ever made. inexcusable was a used. and alberto gonzales who is the white house counsel for bush 43 saying you can't judge a judge because of his ethnicity but this morning newt gingrich did dial the statement back alittle bit and judge gonzalez allowed that trump may have an argument though not on the issue of the george's birth . >> i also think we are big boys and we are not going to agree 100 percent and that's fine. it doesn't mean you break up the campaign or you fail to be on the same team. >> to disqualify someone based solely on that would be inappropriate but is perfectly legitimate to look at other reason. everyone in this country is entitled to a fair trial before an impartial judge and so to question whether or not donald trump can receive that in this case, i think it's perfectly legitimate . reporter: one of the things that judge gonzalez points to is that judge curiel is a member of the lawyers association of san diego, not associated with the national council of la raza but it is

an organization that is supporting democratic candidates and causes. judge gonzalez seeing me maybe on the pure politics of it donald trump has an argument though he should stay away from the issue of the judges mexican heritage. melissa: it's a beautiful day out there which is lucky because it might be a long one foryou. thank you for that report . eric: to them democratic side of this race.the countdown to the big primary showdown tomorrow including california, the biggest prize of them all. mrs. clinton goes into the last of the super tuesday contest needing just 26 delegates to clinch the nomination. her rival, senator bernie sanders about that no matter what happens in 24 hours, he is not about to give up the point that i hope the democratic establishment understands is that if we are deadly serious as we must be in making sure that a

disaster like trump never becomes president. we are the strongest campaign to defeat him. [applause] eric: senator sanders not surrendering, brett baer joins us now. good to see you. >> hey eric. eric: even before the polls close in california, likely mrs. will win new jersey and that would put him over the top so what does it mean? sanders input and refusing to quit? >> it means that he believes he has a movement here and that he is going to press on, it seems , on the way to philadelphia. i will say that i think there's some internal doubt about that if he loses california. there will be a ton of pressure on him to do what hillary clinton did in 2008 at the end of the primary cycle, eventually get to wherever that was, unity new hampshire or some moment where she then endorsed at this sat next to barack obama. you hear hillary clinton talking about that when it comes to bernie sanders but he seems different in that he

has not had this real loyalty to the democratic party and he seems ready to use whatever leverage he has to affect the convention in philadelphia. if he wins california, he has a lot better position to do that. eric: she has called on him to unity but he's rebuffed that same he will continue, that it will be a contested convention. this mentions if he wins california, what do you think chances of that, you got 1.8 million new registered voters , 53 percent of those are young people and that fits right into his base. >> i think it's very possible and i think bernie sanders turn out and the polling has sometimes underestimated him, look back to michigan. he was down 20 points heading into michigan, he pulls off a surprise win in michigan but with the system the democrats have set up, hillary clinton will clinch tomorrow night because of the superdelegates. he's going to make the case about pledged delegates bound

delegates and say that those superdelegates should adhere to how their states voted. that's just going tobe an uphill battle for him, even if he wins california . >> is that a realistic argument, saying it's an uphill battle? >> it's not unrealistic at all. he's hunting a unicorn here in this party. it's essentially, he's staying in because the number of bound delegates is not going to be over the top of the requested, the number that's needed to go to the nomination. i think what's going to happen is that the leverage that he has the support he's had, 40 five percent of the vote roughly will enable him to be significant in philadelphia on issues, on policy, on platform and maybe on hillary clinton's number two pick. eric: finally, do you think brett that would be enough support to pacify his supporters if they, on the short end of the straw? they would have influence in the party platform in philadelphia.

>> it's going to be a tough thing i think and for all the talk about the republican party and disunity, there's a long way that the clinton campaign will have to go to get the democrats on the same page p1 that's for sure. senator sanders refusing to go away. he doesn't have to. he could win tomorrow and we will see what happens. always great to see you. stay tune here on the hospital tomorrow, we have full coverage is all six eight across the country all those primaries. the analysis and results right here on the fox news channel, i'll be here with heather childers starting on a.m. to four p.m., it's only three hours earlier in california. were going to get the coffee, the ring dings and dingdong's and we will be ready. they with us on the fox news channel. martha: 'sbeing said you information on the story we've been following from the beginning, the irs coming clean on the list of tea party groups it targeted for extra scrutiny.

this coming more than three years after the scandal first broke and only after federal judges became fed up with the agency dragging its feet. doug mack away is live in washington with more on this story . reporter: federal appeals court has succeeded in doing what congressional republicans have long tried to do, to force the irs to produce a list of the groups that were unfairly and perhaps illegally targeted for scrutiny. the document came in response to a class-action lawsuit by north county party patriots but only after a group of frustrated federal judges lost all patience with the stonewalling of the irs and the judges this department lawyers representing it. in a march 22 opinion from the sixth circuit of appeals, judge raymond keflex wrote this. at every turn the irs has resisted the plaintiffs request for information regarding the irs treatment of the plaintiff, eventually

to the open frustration of the district court. it is filing, the irs released a list of 426 organizations that were singled out for extra scrutiny. 60 of the groups use of the word key in their name, 33 had patriots, eight use the word constitution their name where 26 others had the word liberty in theirs. quoting from the opinion, the circuit court judges reminded the public on just what the irs these groups through.", a july 2010, the irs or norcal letter requesting information to process his application. norcal replied with 120 pages of response material. 18 months pass without further word from the irs, then the irs demanded more information from norcal. in all, the irs made 19 separate requests to grant five singlespaced pages, many of which had six or more subparts demanding documentation of every word of every speech given to or by the organization and so much more. the intended effect, to make compliance all but impossible. the tea party atrios reacted by treating this. it's time to impeach costin and for failing to comply with a subpoena for evidence.

the irs has not yet responded. back to you. bill: melissa: this is an amazing story. eric? eric: we are going to go overseas and new developments for the battle of the king city in iraq, fallujah. isis terrorists shooting at civilians were trying to flee the heavy fighting, as iraqi forces attempting to recapture the city on those muslims. call live in our middle east bureau with the latest. hi connor. reporter: a sign of how desperate the 50 or so thousandcivilians stuck in fallujah are becoming . many are now trying to escape fallujah from isis by crossing euphrates river, some on boats and small rats, others though desperate they are willing to swim using snipers to shoot them. several have been killed, others drowned in the dangerous crossing. it's really a sign of how miserable conditions have

become in fallujah not only under isis but also as iraqi troops begin to push in. they circled the city for the past 2 and a half weeks now and have pretty much all the outer territory of fallujah surrounded by iraqi traditional forces and also the shiite militias and iraqi special forces havemoved into the southern part of the city, taking control of parts of the southern part of the city and are beginning to push in to the main city center area but there's heavy fighting . isis putting up fierce resistance according to iraqi commanders with booby-traps and carbombs and snipers. it is a very significant battle going on there for about two weeks or so . isis though really does face daunting prospects there. they are surrounded. their numbers are overall down and this is a coalition that includes both us and international firepower not only their butt on the ground. the shiite militias and the iraqi military, it is going slower than most people have predicted but there is a concern out of civilian safety but also the iraqi military has proved that time and again they are not fully capable of fighting force on

the ground but they do have the numbers, they have the time and isis does have their back against the wall that what you're seeing is isys using the civilians as human shields and also trying to kill anyone who does try to flee their grasp. eric: so tragic and another example of the barbarism of those isis militants. melissa: their son was killed and this couple say there was a witness but it's a bird. the bizarre story is ahead. plus, a terror plot stopped in its tracks at a major sporting event that was targeted and how close the suspect may have gotten to carrying out the deadly plan. we want to hear from you. do you think the mainstream media is to a success with all trumps comments about the judge overseeing the trump university case? go to foxnews.com/happeningnow to join in the conversation. >> that detergent was like half the price!

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eric: now to crime stories we are following. days after his daughter and mother were reported missing, concert with stab wounds. he is now in the hospital and police now calling it a person of interest in that case. denver broncos star quarterback at weekly recovering after getting shot at a dallas nightclub. he was hit in the leg and is expected to make a full recovery. a michigan couple and their sons bird may have witnessed his murder. that's because the african gray parrot named bud keeps repeating the phrasedon't blanking shoot. martin was shot at his home, his wife wounded but is now reportedly a suspect. the parrot's new owner claims bud is mimicking the argument between a man and a woman , clearly the bird could not be relied on in any testimony. melissa: breaking details on an international terror plot stopped in its tracks.

targeting the upcoming european soccer championship in france. ukraine's intelligence agency arresting a frenchman it had been watching for months as he headed for the ukrainian polish border. this after he reportedly stopped up on weapons, buying several machine guns and rocket propelled grenades. kitty logan is following this incredible story from our london bureau. give us more details. reporter: ukraine's state security service says and arrested the 25-year-old frenchman as he drove a van loaded with weapons out of the country. this happened late last month at a major border crossing between the ukraine and poland but amongst the arsenal found in the suspect vehicle were five kalashnikov guns and two rocket launchers. security services say the man intended to use these for as

many as 15 terror attacks in france during the year of 2016, this year's soccer championship. this man allegedly is politically motivated say the ukrainians with the use of opposing french government policy. these intelligence government officials say the first place the suspect under surveillance last december and they continued to monitor him as he returned to ukraine in april this year. they say he tried to contact the volunteer battalions in the east of the country with the conflict between ukraine and russia continues and because of that conflict, ukraine is today still a loss with weapons. the french authorities have responded, saying they knowledged the arrest but they believe to be in contact with ukrainian officials as they continue to question the suspect there. there are unconfirmed reports that we cannot verify to suggest the suspect's residence in france has been searched and explosives have been found. we cannot verify this detail at this time but this incident will spark concern that isis extremists threatened to target this upcoming euro soccer tournament.

just last week the us state department issued a travel alert pacifically mentioning this event and french president francois blonde has warned this threat to the parliament still exists. because that france is deploying 90,000 security staff to protect players and today it announced it will send an extra thousand troops to secure public areas. the euro soccer tournament starts this friday already, goes on for a month with 24 nations taking part but if you think back to the attacks in paris over the last year, french security services will be on edge throughout. melissa: without question we heard the front of the attack, now here's the reality. we will see what's down the

road. thank you for that report. eric: they are now picking up the pieces after that devastating train derailment in oregon. people returning to their homes as they try to get back to their lives . plus, donald trump. he's been dominating the airwaves this weekend after accusing a federal judge of bias because of his mexican heritage but some are wondering if the media are going overboard with this coverage or is mister trump continuing it? our media panel will delete those comments on what the media is doing with it all up next. >> ♪ you're not gonna watch it! ♪

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♪ you'll just have to miss it! ♪ yeah, you'll just have to miss it! ♪ ♪ we can't let you download... uh, no thanks. i have x1 from xfinity so... don't fall for directv. xfinity lets you download your shows from anywhere. i used to like that song. melissa: right now dozens of people in a small oregon town are being allowed to return home after crews made progress repairing damage from the derailment of an oil train that sparked a huge fire. a quarter of the town's population had to evacuate last friday after several cars went off the tracks despite the lifting of the evacuation order, residents are being warned to boil water until further notice.

eric: donald trump has been playing defense once again, standing my those claims that a federal judge in his view might not be able to rule fairly in that lawsuit about trump university against him because of the judges mexican heritage . >> i've been treated fairly unfairly by this judge. this judge is of mexican heritage.i'm building a wall, okay? i'm building a wall. i'm going to do very well with the hispanics. >> so no mexican judge could be involved in a case against you? >> he's involved with a society that's very pro-mexico and that's fine. i think he should recuse himself. eric: the media seeming to fixate on trumps comments 24 seven. alan coles, the host of the animal alan cole show and tammy bruce, radio host and fox contributor. is this the media's fault? every time trump sits down for an interview, we are asking him about this controversy all the time so it's not him. >> this is always going to be one of the issues. we all know this forever, the media is going to go after

the gop nominee no matter who it is and the ability to overcome that is important to read on this issue in particular, it's a little ironic. for generations we've been told that a person's background, their ethnicity by the left means they should be on the bench. they it means because they look at issues differently and that matters whether it's on corporate boards or in on the bench or schooling we tended to agree. judge sotomayor from the supreme court complained there are too many jews and catholics on the supreme court, arguing that a person's background makes them look at issues differently so when the left argues it, it's noble. whena conservative argues it , it's racism. for trump, he's right. it can't really be just about eight persons ethnicity but if you have corresponding elements, politically that indicate a bias, even alberto gonzales the former attorney general agreed this is right because the right to a fair trial is imperative we want you think it's a double standard.

>> absolutely not. where missing what trump actually said here. there's not equivalency at all. what he said is the person cannot sit my case because he's of mexican heritage. that's what he said. a black could not sit on a case dealing with affirmative action, could a woman not sit on a case involving any woman's issue? what trump said, you will have a hard time using a judge to find any case without a background check. to say there's been equivalency to what sotomayor said that it would be aspirational down does not take into equivalency our own prejudices, that's what she actually said. if there's not equivalency here and the media has a responsibility as jake did you ask him 23 times yesterday to clarify his statement. he doubled down on fox and friends. eric: less take a shot at him for second because he, his mexican heritage, his parents immigrated here legally to the united states.he's a hoosier comedy from indiana. but the wall street journal

today in an editorial penny is calling on donald trump to apologize. should he? >> i think we heard what donald trump had to say, bringing all his political activism, his association with the laws, he's a hillary supporter and i had a column argument are arguing against sotomayor's argument that there's too many jews and catholics, that identity itself can't be a factor but the left is right that our experiences and inform our decisions and we make decisions differently because of those experiences, then we got to reject that as a whole or recognize that it's really the politicization of the bench. we politicize it to such a degree that people are pointed because of how a politician believes they will react in certain cases and if gonzales is saying that the right to a fair trial is imperative and if a person's background is going to inform their decisions politically, we should know that and have a right to challenge it.

eric: let me point one thing out though. it's not the national council supposedly but the real la raza lawyers association, here's what the website says. la raza is a nonprofit organization organized in 1977 to support chicano and latino lawyers in california and serve as a statewide network for local affiliates. we need locations around the state to represent organizations ... look atthat group. some would say it's just a lawyers group . >> that's not the issue. the issue is donald trump is attacking a judge based on mexican heritage. you could make the argument look at what the left says about having diversely and diversely informs opinions. that's not what donald trump is doing. he is dog yelling to his followers that this is mexican judge which is not and he therefore should be accusing himself in which case, then an argument because he wants to build a wall? therefore the judge should recuse himself. >> all of this is about politics. we also have on the supreme

court appointment arguments that it couldn't be a white man or it should be a certain kind of person of color. you want dog whistles, we've been hearing it for generations and americans ... if we are rejecting what donald trump is saying about a person can't decide based on their background, we've got to reject the notion that a person can decide because of their background. [overlapping conversation] you're trying to blame the left for making a broad statement about how diversity is a good thing on the bench to a person's attack on a judge because he's a mexican i gave you some examples and there's political activity with this judge that could bring up a legitimate concern about impartiality and i think that's what has to be addressed. eric: should he apologize? >> he absolutely should apologize and i don't know how republicans who are begrudgingly supporting him and own this . >> this is what the media does. it started to this dynamic on the media's preference.

>> you have republicans speaking out against this. newt gingrich speaking out against it, paul ryan speaking out against it. the party is horrified by it. >> that's their argument and based on the passion here it's going to continue. melissa? melissa: we cantake it outside. hillary clinton's email investigation intensifying the head of another big super tuesday showdown. the interesting legal tactic that may cause more harm than good . , the mother of the boy who climbed into a gorilla exhibit could be hit with charges as early as this afternoon. our legal panel on what we can expect from the prosecutor. >>

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melissa: of fox news alert. florida governor rick scott just declared a state of emergency i had a tropical storm calling. we are awaiting alive news conference from the governor and his team. the storm is gaining speed and strength as it heads for florida's gulf coast. colin expected to hit the area tonight or tomorrow. forecasters say it could pound the state with eight inches of rain, raising fears of floods area . eric: there's new information about the investigation into hillary clinton's emails and her private server. the former secretary of state facing continued questions on the public affairs program yesterday about the inspector general's report that found she did in fact according to that report break state

department rules.now it seems some unusual legal tactics in the fbi's investigation could, we are told, create some new complications. chief intelligence correspondent katherine harris live in washington with that. what is this all about? reporter: for the central players in the investigation are represented by the same lawyer in what legal experts including a former us attorney say is highly unusual and may present a conflict of interest. the so-called common defense allows defendants to share the same lawyer and critics say share information and possibly coordinate their stories. in this case,clinton's former chief of staff cheryl mills, policy advisor jake sullivan, clinton gate keeper for the media celine riots as well as heather samuelson who decided which emails to destroy and which emails to share with the state department . they all share the same attorney. >> each of those potential targets were subjects of the investigation get to share information across that same attorney and quite frankly get their story to sync up and understand what other people know of the situation.

reporter: whitaker's group has also filed a freedom of information lawsuit to get the emails of dennis chang who was mrs. clinton's deputy chief of protocol, only a handful of his emails were released by the state department. he was considered a point person between the state department and the clinton foundation. on the sunday talk shows, mrs. clinton dismissed the independent findings of the state department's inspector general that her email practices broke the rules and violated the law to keep government records. >> i thought that the report actually made it clear that the practice i used was used by other secretaries. everybody in the department knew that i was emailing from a personal address. hundreds of people knew it. people around the government knew it. >> also as early as today, clinton it at specialist brian partly on a makefile copy with the court on his immunity deal with the

justice department as part of the freedom of information action lawsuit by judicial watch. as you recall he took the fifth on capitol hill and now intends to take the fifth in the civil case. eric: that investigation seem to be wrapping up. catherine, thank you. melissa? p7 right now an ohio prosecutor getting ready to decide if he will pursue charges against the family of the three-year-old boy who climbed into the gorilla exhibit at the cincinnati zoo. that led a special response team to shoot and kill the endangered animal to save the boy. his mother was at the scene at the time can now face child endangerment chai charges. our panel is here to way in. wendy patrick is a veteran prosecutor and a trial attorney. jonathan is a criminal defense attorney and a former prosecutor. ladies, thank you for joining me. the issue here is child endangerment. i will start with you. what's the standard? >> if i put my prosecutor had on, what i need to figure out

is that this mother act in such a way that was so neglectful to put her child in danger? in the eyes of the law you have to ask of contrition and acts of omission. it was a mother who was not paying sufficient attention to her child at the zoo and ultimately resulted in her child in an incredibly dangerous situation but for the grace of god was not hard so can they meet the standard? get a prosecutor meet the standard, probably. but a more interested in sendingthis mother to jail or more interested in sending a message? they're more interested in sending a message . >> how do they send a message? >> by investigating her in the first place. i would not be surprised at all if he's not charged with anything . melissa: wendy, as a mother i have three kids, it is very hard to keep your eyes on all of them at the same time. there were a lot of kids at around, she was on with another parent. witness said the child joked about getting in the enclosure. the little boy had been talking about wanting to get

in, get in the water and his mother was like, no you're not. then she got distracted by her other children. this is what people are saying at the scene. >> is zoo is the ultimate divided attention tactic. it is hard enough in public to keep your eye on one child much less a bunch of kids. most mothers have briefly lost sight of their child only to find them under a rack of closing department store. this mother found her child face-to-face with a 350 pound gorilla but can a child get an exhibit question what the answer is no. adults have left the animal enclosure. there's a reason gorillas are not in a petting zoo but children don't know that. the key is going to be is anything that mother did lot rise to the level of child endangerment? so far the answer appears to be no but now that we've moved out of the court of public opinion into a court of law, potentially we will see that what the

prosecutor's desk says. eric: melissa: unless she left and walked away, it's hard to imagine that it would be about to child neglect. meanwhile, the zoo says this is the first breach in guerrilla world 33 year existence but the exhibit will open on tuesday with a higher barrier which is what a lot of people say is the easiest solution to try to make sure it doesn't happen again . >> that protects the public from the animals and is going to protect the animals from the public. this is a terrible case. you had to lose a 350 pound gorilla who was very valuable. there won't be much civil liability because i think this mom is not intended to the zoo but i don't think you will. what we've moved to us from finger-pointing to thinking. what is now done instead of who's to blame for this they've actually improved their exhibit, they've raised the bar literally on the enclosure so hopefully it won't happen again. melissa: meanwhile the baltimore police officer facing the most serious charges in the death of freddie great could be heading trial today. even vincent was driving the

van where the medical examiner says gray suffered the critical spinal injury that led to his death. he is charged with murder. john, i want to start with you. he's the only one that didn't get a statement of the officers. how does that change things? >> that's going to help him a great deal. this case has been overcharged, especially with respect to the driver of the van because i cannot see how a jury is going to find you acted so recklessly that equates to second-degree murder for starters but since he didn't give a statement, we do not know. hypothetically if he cases the stand, he could say i tried to buckle my passenger into the van but because he has his history of being belligerent and defying authority, he was kicking and punching and spitting and it was not safe for me to do so. that gets him largely off the hook if that were to come to pass. melissa: some of the things they are saying, the other officers that have been through say it was this officer, goodson's responsibility to belt him in. he was also the driver and the theory in this case is that rough ride idea that he knew they knew he wasn't

belted in so it was the driver of the car that was intentionally driving in a way that would cause them harm . does that to strikes go against him? >> for the jury in this case it's going to beabout one thing, options. murder is charged , true, under this reckless endangerment. but there's also a number of other selections that a jury can choose from. they don't need to choose any. they can find him not guilty. let me say one thing everybody is buzzing about on social media. this officer is charged with very different things than the last two with a hung jury and of course the most recent officer nero was found not guilty by a judge. this officer was the driver. he's charged with murder so we can't look at the last two cases and say that's precedent that's going to control what happens here. it is true those are difficult. to prove. you've got content and knowledge, both elements but the jury has a lot of other things they can choose from but they don't have to choose

anything at all . melissa: thank you for getting us ready. eric: thanks melissa. there's been another deadly attack overseas and this one targeted intelligence officers. authorities say it's the latest right by radical islamic terrorist. and the greatest has returned home. we all live in louisville kentucky as the body of the late muhammad ali arrives in his hometown where he will be laid to rest later this week. >> the lowest taxes in decades, and new infrastructure for a new generation attracting the talent and companies of tomorrow. like in rochester, with world-class botox. and in buffalo, where medicine meets the future. let us help grow your company's tomorrow - today - at business.ny.gov

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and oral-b delivers a clinically proven superior clean versus sonicare diamondclean. my mouth feels super clean! oral-b. know you're getting a superior clean. i'm never going back to a manual brush. eric: there's been a deadly attack in jordan at a palestinian refugee camp near the capital of them on. five people killed in this attack, government spokesman says it was aimed at intelligence officers who work at the site. contacts are very rare in jordan, it happens to be a key member of the us-led coalition fighting the islamic state militants in neighboring syria and iraq the company's air force carried out airstrikes in both countries and right now it's not clear who exactly

carried out this attack but authorities you suspect islamic terrorists . melissa: the greatest of all time returning home from an arizona hospital. the body of legendary champ muhammad ali arriving in his hometown of louisville kentucky where he will be laid to rest later this week. mike tobin is live in louisville with more. reporter: muhammad ali had a lot of time to know this sad inevitability was coming so much of what we will see with the champs final farewell was arranged by muhammad ali himself or it received is blessing. as you mentioned, the remains of the greatest fighter of all time arrived here in louisville yesterday accompanied by his family. there are some private family visitations scheduled ahead of thursday's muslim burial preparation and prayer and that of course precedes the public memorial which will be on friday. organizers say the camps message given out at that publicmemorial will be one of a multi-fake inclusivity as intended to be ali's last statement to the people over

. >> this is not a political statement. this is not about politics. this is about how muhammad ali lived his life. and so the inclusiveness is not meant to set out a political statement. it is meant to reflect how he lived his entire life. reporter: king abdullah of georgia is expected to attend as well as president heard the one of turkey. the dalai lama sent his regrets, he is unable to attend. as far as a representative from the white house, that is a no comment be seven thank you so much for that report. mike tobin.eric: we are learning more about that tragedy that happened, we heard about it in texas. nine servicemembers killed when a truck overturned in dangerous floodwaters. we have new date details of or you about one of those victims. plus, a former ceo notorious for raising the price of a life-saving drug is due in court in less than an hour, we tell you about the charges. coming up.

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eric: let's now check out what's ahead at the top of the hour on outnumbered. >> happy monday. hillary clinton, bernie sanders neck and neck in california but her side is suggesting it's time for bernie to get out. clinton, is she getting ahead of herself? plus a judge delaying the deposition for a man who set up mrs. clinton's email server after he signaled he would plead the fifth. what this could mean for the investigation. and the congressman jason chapin demanding answers after the state department admits it intentionally edited out parts of a press briefing about the iran nuclear deal. good to have him here today, he joins us on the couch at outnumbered at the top of the hour. eric: we will see you then. former pharmaceutical ceo martin shkreli, he's known

for sending the price of a life-saving aids drug skyrocketing overnight. he's in more trouble months after he went in front of a judge for fraud charges. adam shapiro from the foxbusiness network live at brooklyn federal court with the latest on what the guy is facing. >> good morning to you eric and as we approached the noon hour we are expecting mister shkreli to arrive. he's going to be arraigned on additional charges. the latest charges came on friday and it has to do with potential securities fraud. it's a charge of conspiracy to commit securities fraud on top of the seven other fraud charges which is already pled not guilty. he's expected to plead not guilty to this latest charge which has to do with improper filing of sec documents to show control over stock in a company called rich rubin. he was the ceo of that

company up until 2014. he was forced out by the board and all the criminal charges he faces have to do with his exposure to that company. we all know mister shkreli because of what he did with another pharmaceutical company which raised the price of a drug from $13 a pill to $750 a pill. he was called before congress to testify about that. there is no nothing illegal about what he did. a lot of people think he should not have done that none of the criminal charges he faces have to do with the raising of that drug price. all this have to do with his previous involvement with another company and they laid out some pretty serious charges against mister shkreli. the trial could begin in december or january 2017. eric: thanks so much. melissa question mark. melissa: new information about one of the servicemembers who drowned during a training drill in texas when their truck overturned in floodwaters. officials at fort hood naming the last victim. a military cadet was participating in troop leader training, 21-year-old

mitchell alexander. he was scheduled to graduate from west point in 2018. eight other soldiers were killed in the incident earlier this week. eric: just so sad. in the next hour of "happening now", major progress in a wildfire with cruise getting a handle on the flames that threaten thousands of homes and spark evacuations but right now, it turns out not everyone is in the clear just yet. it turned the tide of world war ii but our forces and this country paid a high price. now 72 years to the day after the historic the day in invasion, we are paying tribute to the brave soldiers who sacrificed so much. where live with the story on this very special day and we want to hear from you. do you think the mainstream media is too obsessed with donald trump's comments about that judge overseeing the trump university case? our live chat is up and running. go to foxnews.com/happeningnow and you can join the

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>> we are back here in an hour. melissa: that was fun.

let's do it again. "outnumbered" starts right now. ♪ sandra: hello on this monday, this is "outnumbered." i'm sandra smith. here today, harris faulkner, host of "kennedy" on fox business kennedy, democratic strategist, julie roginsky, today's hash harks, we are glad to welcome back the chairman of the house oversight committee and congressman from the great state of utah, jason chaffetz. you sir, are "outnumbered." >> thanks for having me back, appreciate it. harris: you've been really business on the hill. >> target-rich environment. we're the oversight committee. we were in china. in china talking to true communists. it is fascinating world out there. >> did you just go to a bernie sanders rally? >> maybe we should stopped in california and done that. sandra: a lot to get to here. good to have you here, congressman. hillary clinton may be on the