this is a fox news alert. i'm bret baier in washington. a livid donald trump ripping into his campaign staff and telling supporters to go hard after the media and the judge at the center of a growing controversy. trump, as you can tell, is not backing down from statements questioning the impartiality of a hispanic judge and his trump university lawsuit. chief political correspond is in new york outside trump tower. good evening, carl. >> reporter: hi, brett. organizational problems in the trump campaign have been well documented. today, the controversial nature of his message and internal staff friction came to bear when

donald trump was on a conference call with supporters around the country and found out the staff said it's time to lay back and lay off the judge. trump got furious. sources say criticized his staff and told supporters and surrogates to go hard after the judge and after reporters. neither of which are going to be on the ballot in november. this is the type of thing that raises questions for a lot of trump supporters. hope for a lot of his critics. it's not voters issues. what's at the sender of this is trump university. >> donald trump attacks on the judge are racist. >> reporter: a handful of democrats and demonstrators protested the gop front-runner for the judge overseeing fraud over trump university is bias against him. >> i'm trying to figure out why i'm being treated so unfairly by a judge. >> the judge is unfair because, to quote trump, he's mexican.

>> he's the member of a club or society, very strongly promexican, which is fine. i say he's got bias. i want to build a wall. >> reporter: he's not an immigrant. trump's formal rivals wanted to stop it. i don't think it reflects well on us as the republican party or a nation. house speaker paul ryan endorsed paul ryan then had to denounce his remarks about the judge this weekend. they worry about a campaign backlash and are distancing themselves from trump's remarks. >> i don't agree with what he had to say. this is a man who is born in indiana. all of us came here from somewhere else. >> reporter: in addition to ethnicity, the demand for a ban on muslim's coming into the u.s. --

>> that could be true. >> reporter: trump is rattling the gop. >> trying to confirm that stereo type that is wrong. it's defensive, it really is. this week, it was a new level. >> reporter: not all republicans or hispanics disagree with trump. the attorney general alberto gonzalez is both and says trump has the right to question the judge's fairness, not as part of a presidential campaign. the gop running mate let him have it. >> this is one of the worst decisions trump made. it's inexcusable. >> i don't condone the comments. we can press on to another topic. >> reporter: take a pass on being trump's running mate. on foreign policy and credibili credibility, trump flip-flopped on libya. he recorded a video in 2011 urging u.s. intervention. he argued the u.s. was wrong to get involved and would have been

better off had gadhafi not been toppled. this weekend, he flipped back and said he was always in favor of targeted air strikes. tomorrow, the final six primary states cast their ballots. that process will end. trump planned to have his big victory speech here at trump tower until mid afternoon when he announced he was moving it to his golf club in westchester. now, an hour and a half away, found out about it when trump decided to move it across town to his golf club. >> he has options. thank you. let's get perspective on this. brithume is here. >> wrapping up the nomination early. tussling with primary contenders. witness how effectively the campaign of the unopposed barack obama use zed the spring and early summer four years ago to

sketching an image of mitt romney, an image he never shook. they have a chance to rally the party that won the nomination and expand into one big enough to win the general election. it makes what donald trump has done lately inexplicable. no sooner did he get the endorsement of paul ryan and mitch mcconnell, then he lashed out at the federal judge claiming his mexican heritage makes him bias because trump wants to wall up the mexican border. didn't trump say he would put a big, beautiful door in the wall for legal immigrants, which is what the judge's parents were. trump's supporters may defend it. ask yourself this question. does this controversy do anything to make trump's case against hillary clinton or his case for himself to voters who don't already support him?

the answer seems utterly obvious. >> brit stand by. what do you think? do you think it will hurt donald trump? let me know at facebook.com/bret baier. now do the democrats. hillary clinton could mathematically lock up to democratic nomination in 26 hours from now. democrats in six states vote in tomorrow's last of the season primaries. a strong showing in new jersey, for example, the first state to close makes all others academic on the numbers. clinton is hoping to win california and take that momentum into the convention in philadelphia. jeff is in los angeles where clinton is at a get out the vote event now. good evening, jennifer. >> reporter: good evening, brett. hillary clinton is about to speak behind us in south central l.a. she has not held a press

conference since december 4th in iowa. that drought ended here in the golden state where she took eight questions. >> tomorrow is eight years to the day after i withdrew and endorsed then senator obama. i believed it was the right thing to do. >> reporter: responding to criticism she has not faced the traveling press since may 9th, hillary clinton looked confidence taking last minute questions campaigning in compton. >> anyone who has supported me and senator sanders has a lot at stake in presenting donald trump from being president. >> reporter: no sign bernie sanders plans to concede. elizabeth warren appeared to side with bernie, questioning the party's use of superdelegates. >> i'm a superdelegate and i don't believe that superdelegates are to sway the

election. >> reporter: bernie's young supporters, many who showed up to disrupt clinton rallies are not ready to go quietly. >> i'm not going to pick a fight, but if i were them, i would be screaming too. they are closed for election day. >> the democratic convention will be a contested convention. >> do you think it will be a contested convention? sir? bernie says it will. >> well, we do have rules. this is still a democracy. somebody will have more votes and someone will have more delegates. >> reporter: sanders took his attacks further, questioning the clinton foundation, hinting at corruption. >> do i have a problem when a sitting secretary of state and foundation run by her husband collects many millions of dollars from foreign

governments, governments which are dictatorships? yeah, i do. >> reporter: president obama is ready to begin campaigning for the democratic nominee. aides began discussion with the clinton camps to see how they can help. white house spokesman indicated to reporters today president obama could endorse the presumptive nominee as early as wednesday, suggesting he won't wait for one of the candidates to drop out. brett? >> jennifer, thank you. now, back with more developments in the democratic campaign, brit hume joins us. bernie sanders says he's going to hang on. what is it about? the math is not there. >> the math is insurmountable against him. one is she's ahead of him with the delegates or caucuses. she's particularly ahead by a margin when you count the

superdelegates. his only conceivable chance would be if she were indicted between tomorrow's expected triumph when she goes over the top and the convention and the party decided to go in another direction, which is, i think, unlikely. because when you think about it, he's complaining about the superdelegates and others are, too. the fact is, these superdelegates were instituted to avoid the nomination of candidates like bernie sanders, candidates who are exotic in terms of their views and otherwise, you know, from small states whose elected possibilities seem limited to put it mildly. >> he's pouninting to the polls where he beats donald trump. >> the superdelegates will stick with her. >> hillary clinton's brother-in-law, roger clinton is facing a drunk-driving case.

he was taken into custody 20 miles south of downtown los angeles. a concerned citizen reported a vehicle driving erratically. the man who stood outside the ovl office door during the bill clinton presidency is doing whatever he can to prevent a hillary clinton presidency. he is trashing the former first lady in a new book. shannon tells us what is inside. >> it's about hem having a separate set of rules or not following the rules. >> reporter: at hillary clinton fights to wrap up the nomination, her campaign is facing a new challenge, her time as the first lady. his book, "crisis of character" is due out later this month. he claims hillary clinton tried to have secret service banished. private encounters between the couple and president clinton's

behavior with another woman, not monica lewinsky -- filed paperwork to run in a gop primary for a florida seat served. he wouldn't share such personal anecdotes but knows why he would do it now. >> i understand why they would say, you know, i feel like it's time. i feel like it's time to tell the truth. i think the penalty of electing her president far supersedes the penalty i'll take for the unwritten oath of silence. >> reporter: they wasted no time capitalizing. >> i don't recall mr. trump screaming at secret service calling them pigs and clawing the faces of spouse which hillary clinton has been

reported doing. >> he joins the ranks of other authors intended to cash in with their nonsense. it should be put in the fantasy section of a bookstore. he says it proves hillary clinton is not fit to be president. she doesn't have the integrity or temperment. it remains whether it will impact or sway voters in california. brett? >> shannon, thank you. the obama administration left out another exchange. the house oversight committee is asking for information about the editing of a question and answer involving kevin corke and josh earnest on may 9th. corke asked if they could say no official lied about the iran nuclear deal. earnest says no. the white house tells abc news it was not included because it

was inaudible. conservative writer, david french is not running for president. his name was suggested as an alternative to trump and clinton. he writes he is not the candidate to do it. he does, however, think the path exists for the right independent challenger. later in this show, someone who will be on the ballot, libertarian candidate gary johnson takes the center seat. up next, the irs reveals which conservative groups it targeted for scrutiny. here are what the fox affiliates are covering tonight. fox 45 where a police officer facing serious accusations from the death of an african-american in custody waived his right to a trial. he's charged with murder, manslaughter and assault in the death of freddie gray. five other officers charged. wdrb in louisville with plans for memorials to muhammad ali.

a 19-mile funeral procession. ali died friday night, he was 74. this is a live look at cincinnati from affiliate fox 19. a big story tonight, a prosecutor decides not to seek charges against the mother of a young boy who fell into the gorilla habitat at the zoo, forcing officials to put the gorilla down. they plan to reopen gorilla world tomorrow with a higher barrier. that's the look from outside the beltway on "special report." we'll be right back.

officials in ukraine say they arrested a frenchman who planned a terror attack at the soccer championship in france. they have been following him since december. isis terrorists have threatened france during the month-long event. the dow gained 113 today, s&p 500 up 10 and nasdaq

finished ahead 26. we are learning tonight which conservative organizations have been under the irs microscope during the obama administration. the irs released the organizations that were unfairly targeted for tax exempt status. 426 organizations in all with more than 120 of them using the word p, constitution or patriot in their title. the class action lawsuit against the irs. >> the irs fought tooth and nail from having to turn over this list. we have only gotten this list after much wrangling and because we had a judge in this case willing to say no to the government. >> the court of appeals slammed the agency that compelled friday's release. no citizen, republican or

democrat, socialist or libertarian should be targeted or have to fear being targeted on those grounds. the opinion also scolded the irs for stone walling, sququote, at every turn -- irs lawyers fought the release claiming it would expose confidential taxpayer information. they refused comment expecting the list to speak for itself. the patriots did react firing this, quote, it's time to impeach for falling to comply with the subpoena for evidence. democrats maintains conservative groups weren't the only ones targeted. >> i want to ask the inspector general why he was unaware of documents now obtained that irs employees were instructed to screen progressive applicants and why the office did not look into the treatment of left leaning organizations like

occupy groups? >> reporter: it contains three groups with the word occupy in their name. suspiciouses about why a few progressive groups were in the list. they were added late to protect from the bias. brett? >> doug, thank you. >> began at 0530, one hour before touchdown. heavy medium light fire bombers in the most intensive air strike in the operation. objective, isolate the battle area until we con sal date the beach hit and begin the breakthrough. >> today is the 72nd anniversary of d-day invasion by allied forces. the battle that led to eventual

defeat of the nazi's in world war ii. 4400 allied troops died that day, including 2500 americans. now, to the current wars. an american journalist has been killed during an insurgent ambush in afghanistan. david was an award winning news photographer and video editor for national public radio. he and an afghan journalist died when their afghan army unit came under fire and their vehicle was struck. he was 50 years old.

i don't agree with what he had to say. this is a man who is born in indiana. all of us came here from somewhere else. >> this is one of the worst mistakes trump has made. i think it's inexcusable.

he has every right to criticize a judge and every right to say certain decisions are right and his attorneys can file a move on the judge. this judge was born in indiana. he is an american. period. >> this case should have been thrown out on summery judgment. if somebody else -- this would have been thrown out. i saw newt. i was surprised at newt. i thought it was inappropriate what he said. >> all of this is about this judge. the judge in the trump university case. that has been the past few days about what donald trump said about him, challenging him on his mexican heritage. you heard the back and forth there. this comes, as we confirmed, a conference call today between donald trump, surrogates and supporters where he went off. this is bloomberg's reporting of it. rallied the most visible supporters to defend his attack

on the mexican judge during a conference call which he ordered them to question the judge's credibility. the people asking the questions, those are the racists, trump said. i would go at them suggesting broader campaign against the media. they could criticize television reporters, i would let them have it referring to those calling hem hypocritehypocrites. his own campaign asked them to stop talking about the lawsuit. he demanded to know who sent the memo and overruled the staff. he said take that order and throw it the hell out. trump saz he didn't know her. he questioned how the campaign could defend itself if supporters aren't allowed to talk. quote, are there any other stupid letters sent to you folks? that's one of the reasons i want

to have this call because you are getting stupid information from people that aren't so smart. with that, bring in the panel. julie pace and charles krauthammer. >> trump could win the election. the numbers are upside down people are unhappy with the country. hillary represents the same. the middle class is not served by the economy. immigration is nuts. it hurts the poor. it's kra yachtic. if trump ran on those things, he's gotten this far on those views. if he ran on them, he could win. this is trump throwing the fight, hurting himself for reasons i can't speculate on. if he continues to talk about himself -- >> you think it is self-destructive? >> it is. of course it is. talking about yourself and about trump university, which we know nobody cares about, is an act of self-destruction. of course it is.

at a moment when this is winnable. i can't account for why this is happening. it has the potential to derail his campaign but to discredit what he's run on. our immigration policy is out of control, it is. it's a big deal. >> i think tucker is exactly right. there are reasons donald trump has done so well and the big reason is people feel like he cares about the things that are impacting their lives. if you look at the things he talked about since he became the republican nominee, he's not talking about those. what he should be doing during this period of time is appeal to a broader audience, take the message that worked for him in the republican primary and appeal to republican voters who are on the fence about him. possibly democratic voters. he's acting as though he cares more about a lawsuit related to a personal business than the country. that's a dangerous position for any candidate to be in. >> charles? >> you are missing the point. this is hurting his candidacy.

of course it makes him look at if he cares more about a personal vendetta than the party or the ideas. as if he is, he is, that's the point. he's revealing who he is. this isn't some gaffe or accident. if it were something he threw off, he has ample opportunity over the weekend to retract, to move away. instead he doubled down. he widened the net of nonamericans or people who aren't impartial because of their ethnicity. beyond mexican-americans to now include muslim. this isn't a guy who made a false step, of course he did. the larger point is, he's revealing who he is. those who decided to throw in and support him for party unity made a tactical mistake for getting behind him.

they have to ask themselves, morally, is this the man you want to be the leader of your party? that's what's at stake here. that's why it's a bigger issue. >> quickly, i want to turn to the democrats and bernie sanders. asked in an interview about the clinton foundation. here is what he said. >> do i have a problem when a sitting secretary of state and a foundation run by her husband collects many millions of dollars from foreign governments, governments which are dictatorships. you d't have a lot of civil liberties with democratic rights in saudi arabia. you don't have a lot of respect there for opposition points of view for gay rights, women's rights. yeah. do i have a problem with that? yeah, i do. >> late in the game. >> devastating. he's hitting her exactly where she lives, identity politics hq.

making a point republicans themselves ought to be making, how can you be a champion for women if you are taking millions of dollars from the country. supports polygamy or genital mutilation. are you kidding? >> how about this? why does it take so long to say it? >> that's the question. he is making the case days before clinton is all but certain to clinch formally the democratic nomination. i don't know what kind of traction he's hoping to get on this other than to put out an argument republicans can pick up on. if you are donald trump, maybe it's not a bad thing to talk about instead of this judge and trump university. up next, libertarian presidential candidate gary johnson in the center seat.

welcome to our center seat. we welcome libertarian

presidential candidate, gary johnson. thank you for being here. >> great being here. thank you. >> donald trump called you a total fringe deal. a fringe candidate and disgraceful, in his words. here is the real clear politics. when you are added to polls, this is the average of polls, you are at roughly 8.5%. we have a poll that has you at 10%. for people looking out there, we are going to go over the issues you are running on with your running mate former massachusetts governor bill weld. how do you do this? paint the picture of how you win the presidency. >> well, first of all, i think donald trump had it nailed when he called me and bill fringe candidates, perfectly nailed. republican governor serving in deeply blue states, both getting re-elected by bigger margins the second time than the first time. being fiscally conservative over

the top and socially tolerant, liberal, totally fringe. how do we win? it's being in the polls. investors business daily came out with a poll 11%. it's heartening. the only chance of winning is being in the presidential debate, which is 15% prescribed by the debate commission. the only way to get to 15% is to actually be included in all these polls. since my name appeared in four presidential national polls, there have been another 40 polls where it hasn't appeared. really, that's the key. i think both of our records, bill and myself, hold up under the strutny that go along with being at a recognized 10%, 12%, 15%. doesn't go from 0-15, it works up. >> charles? >> if we could start on a light, personal note. you have an interesting work

history. two-term governor to new mexico. more importantly, the ceo of a marijuana company. >> yes. >> you said you used the company's products. are you still? >> haven't used in probably five weeks. i have said i'm not going to as president. i don't think you want somebody potentially answering that red phone, then going forward, not using going forwards. as the ceo of a marijuana company, marijuana products, medicinely compete with legal prescription painkillers that kill 100,000 people a year. not one documented death due to marijuana. i have always maintained legalizing marijuana recreationally will lead to less overall substance abuse because it's safer than everything else out there, starting with alcohol. the campaign to legalize marijuana in colorado was based

on marijuana is safer than alcohol. >> you weren't using it medicinely, were you? >> no, i was using it recreationally. the unforgivable is hypocrisy and i want to be a hypocrite. >> i don't know how to transition out of that. on immigration, president obama took a lot of executive action, one that has some support among republicans and wide support among democrats, discretion for the dreamers, the young people brought to the country by their parents, fwon to college, joined the military. what would you do? allow them to stay without deportation? >> yes, i would. one untold story about obama, he broke up 3 million families. 3 million broken households. i think donald trump's statements on immigration are just, really, racist.

talking 11 million illegal immigrants, the deportation of 11 million immigrants. i think it's crazy. building a wall across the border. look, we should make it as easy as possible for anyone who wants to come into the country to work and get a work visa. it should entail a background check and social security card that taxes get paid. they are not murderers and rapists. >> in terms of people still in this country now, how far do you extend it if you can't get legislation passed on capitol hill? >> as president of the united states, you should pt have to use executive order. it should be congress. when he came out with the executive orders, i happen to agree, but i wish congress were to act on all of this. it's really when new mexico, 48% hispanic. what does an 11 million person

crackdown amount to in new mexico? well, they knock on my door and, oh, gee, you are the former governor. okay, you are okay. they move to the next door because 50% of new mexico is hispanic. let's see papers. >> what about illegal immigration. you want to make it easier for people to come and work here. since 2000, we made two immigrants -- what is the right number? >> get the government out of quotas. they will either reach out -- >> no limit at all? >> no limit at all. there will either be jobs or won't be. the untold story is there's a reverse migration taking place now. there are more jobs in mexico and the u.s. >> it's untrue. we are moving toward the highest level of foreign born people in the united states than anytime in our history. >> what jobs? the jobs aren't in the united states right now. they are currently in mexico.

you have, right now, you have mexicans going back across the border into mexico because there's more jobs. >> why are we getting 1.1 million illegals here every year because there aren't jobs? >> 1.1 million immigrants coming across the border illegally, that's a woman who is in juarez, can't get across the border legally, but there are jobs awaiting her in el paso. she's wading across the rio grande with her kids. they are not taking jobs u.s. citizen zs want. >> lightning round on domestic issues. taxes, are you for fair tax or what? whatever you can get through? >> count on me as president of the united states to sign off on anything that makes taxes lower. make them easier to comply with. ideally, if i could wave my

magic wand, eliminate income tax, corporate tax and replace it with a consumption tax. look at the fair tax for how you dot the i's and cross the t's on making that happen. >> department of education, no more? >> no more. department of education gives each states 11 cents on every school dollar they spend but comes with 15 cents worth of strings attached. people don't realize the department of education costs money to take money. >> federal funding on education ends under president johnson. >> i can't wave a magic wand here. congress has to present me with the legislation to abolish it. yes, i would sign it. >> term limits. >> silver bullet. come on, if you limit the terms of those that serve, they will do the right thing as opposed to whatever it takes to get

re-elected. that's the problem we have. back to fair tax. look, you implement zero corporate tax rate, you are going to issue pink slips to 80% of washington lobbyists. that's why they are there to garner tax. >> foreign policy with governor johnson after a quick break.

and we're back with our panel and libertarian presidential candidate gary johnson in our center seat. charles? >> last week on c-span you said that rival candidate you most identify with is bernie sanders a devout socialist. is that mostly on social policy or is it also on his shall we say isolationist foreign policy? >> well, i reject the notion of being isolationist. i think that, first of all, if we're attacked, we're going to attack back. we need to involve congress. they have an indicated their responsibility to the president and to the executive and let's have a declaration of war. let's have direction going forward. we have treaties with many, many countries where we are obligate to do defend their borders that have not been ratified by congress. they have been executive

treats. >> which of these would you resend which countries. >> i'm looking for the specifics right now, charles. >> did you say that north korea, potentially, was the biggest threat. >> i think that is the case. north korea being the biggest threat that at some point intercontinental ballistic missiles are going to work. this is something that we need to join arm in arm with china to address. they recognize this threat more than anyone. the big threat that we pose in the area is that we got 40,000 troops in south korea. the ability to get -- to remove those troops from south korea and have china address the problem that exists in north korea is something. >> far exceeds in your mind the threat from radical islam and terrorism? >> yes. i believe that, yes. and that's not to down play that threat either, but interestingly, you know, there were 200 members of isis after 9/11. today there are 40,000.

i think it has to do with our military interventions. troops on the ground dropping bombs, flying drones that are killing thousands of innocent people. i think that that, a, adds or aids their recruiting efforts. >> but you know there are people who say that that's going to happen whether we are there or not. this is the whole argument about 9/11. >> and by the way, yeah. >> and whether we were in saudi arabia or whether we weren't in saudi arainia, they were going to attack us. >> if we are attacked, we are going to attack back. you can make the argument that we have been attacked by isis. this is something we should engage in. >> staying on this theme, there has been an interesting debate in the democratic and republican primaries about whether the u.s. is better off trying to push for dictators like assad in the middle east to be pushed out of power or whether we're actually better off with them there because in some ways they actually tamp down. >> where i fall on this is the unintended consequences of our interventions and that the unintended consequences have made

things worse, not better. >> so dare better off having asd be in power without this civil war happening? >> well, you don't want to say for a second that you're better off because there are actions that are atrocious. but we replace the atrocious with equally as atrocious. >> i have got to give you the libertarian test. you have said as a libertarian you believe that people ought to be able to make personal decisions without interference from the state which is why you support gay marriage there are millions of people in this country whose religion either allows or commands them to take more than one spouse under polygamy, that's a felony. if you marry the mothers of your various children, you get charged with a felony. are you for legalizing polygamy? >> you know, i think that really is a states issue. >> on principle, why would that be a tough call for you? >> well, because it -- it ends up office on would you

be comfortable with the states banning gay marriage? >> i would not. >> why are you comfortable with the state banning polygamy? >> i think that that is something that would ultimately, potentially derail -- it is personal choice, tucker. it is personal choice for a state to do that, a state can have at it. >> the libertarian test. i like that. tucker. governor, stick with us if you would. that's it for the panel. stay tuned for one more q and a back in the day with governor johnson.

finally tonight, one more word from governor johnson from the last presidential cycle. this one dealt with the obama administration jobs plan. you may remember. >> my next door neighbor's

two dogs have created more shovel ready jobs than this current administration. [ laughter ] >> you just made your neighbor's dog very famous. >> they liked it in orlando, governor. >> are you going to use that one again? >> well. >> maybe so. we will see if the 15% happens. governor, thanks for the time. >> oh, thank you so much. tucker, thank you for the tongue twister. really appreciate it i knew i could count on you. >> from a former libertarian. >> thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. greta goes "on the record"

>> good morning. it is a big gate there. it is tuesday june 7th. you are watching "fox & friends first". i am heather childers. >> i am abby huntsman. it is a big day for voters who head to the polls today. >> hillary clinton has clinched the democratic nomination as support from super delegates push her over the top. bernie sanders won't give up just yet. >> i got to tell you holders of the news are in a historic, unprecedented moment. >> we have more primaries and caucuses in 20 states across

this country. we are going to win here in california. we have the most votes cast for a republican candidate never happened before and my millions. >> monday dana, new jersey, mexico and south dakota as well as north caulk for the democrats. >> we have fox news team coverage. dave sid miller -- david milles live as people with waking up from the polls today. >> but we begin with adam housley in los angeles. >> they came out with a poll that could potentially effect voter turnout here. has people upset basically saying california may not come into play. leading into the