poll @gretchencarlson on twitter. 80% say no, he shouldn't drop out. 20% say it's time to go. we'll see what happens after tonight. thank you for being part of "the real story." i'm gretchen carlson. have a fantastic day. democratic primary day from california to new jersey and beyond. and it's hillary clinton's first day as the democratic presumptive nominee. yet a donald trump utterance and its aftermath have fallout that has resulted and stolen away the top spot of the news cycle at least until the polls close tonight. the top elected republican in the nation said donald trump's comments about the judge in the trump university case are racist. the house speaker paul ryan just hours ago ripped into the presumptive nominee for his statements about that judge. >> claiming a person can't do the job because of their race is sort of like the textbook definition of a racist comment. i think that should be absolutely disavowed and is

absolutely unacceptable. >> speaker paul ryan says he still has more common ground with trump than he does with hillary clinton. last week the speaker announced he will vote for donald trump. but he did not endorse him despite claims from ryan's spokesman that he did. speaker ryan is just the latest in the series of top republicans to speak out against donald trump's comments. south carolina republican senator lindsey graham told "the new york times" the comments are, quote, the most un-american thing from a politician since joe mccarthy, unquote. senator graham is also calling for other republicans to take back their endorsements of donald trump. >> there are a lot of people who want to be bold in the republican party, including me, but there will come a point in time where we're going to have to understand that it's not just about the 2016 race, it's about the future of the party. and i would like to support our nominee, i just can't. >> that on msnbc today. but some republicans are defending donald trump. among them one of his top

surrogates, the new jersey governor chris christie. >> i know donald trump, i've known him for 14 years, and donald trump is not a racist. so, you know, the allegations that he is are absolutely contrary to every experience i've had with him over the last 14 years. so we're going to end it there. >> well, about an hour ago a fox news producer spotted governor christie heading into trump tower here in manhattan. this comes after donald trump repeatedly accused the judge of being biased because of his mex kindergart can heritage. the presumptive nominee has stood by his comments saying the judge has a conflict of interest. but here's what he said last night here on fox news channel. >> i don't care if the judge is mexican or not. i'm going to do great with the mexican people because i provide jobs, so i don't care about mexican, but we are being treated very unfairly. >> that judge is american and

was born in indiana. he grew up in indiana and graduated from indiana's university law school. karl cameron is live at trump international golf course just up the road here from us in new york city and joins us. the question for karl is what is the decision about donald trump to keep up this fight? >> reporter: well, he thinks it can be a winning argument. he told people on that conference call just yesterday that he's going to win, he always wins and they're going to win. and he also used the word "we'll overcome" meaning he understands his battle with the judge has been something of a distraction to his campaign and caused big controversy amongst republicans. the racial overtones, the idea he's taking a civil suit, is not part of a presidential run and incooperating it into that run is objectionable to republicans and yet he shows no sign of continuing it. and virtually all the congressional leadership with very few exceptions and members of congress have been panning

it. this is senator mitch mcconnell. >> my issue is what the american people care about and to start doing it now. in addition to that, it's time to quit attacking various people that you competed with or various minority groups in the country and get on message. >> reporter: the trump campaign has given no indication that trump has any intention of backing down from this. he thinks it's a winning issue even though the controversy continues to grow. and they point to polls that suggest that this controversy started almost ten days ago, a week ago last friday is when this came out, and since then the polls haven't shown any real erosion of his general election popular vote against hillary clinton, although his unfavorables were very high when it comes to racial issues and the way in which he deals with adversaries critically. shep? >> carl cameron live at trump national golf course. thank you. we'll bring in john bussey, associated editor of "the wall street journal." good to see you. >> good to see you.

>> if you're the campaign and you're faced with a candidate who has made what paul ryan calls racist statements, how do you effectively make the argument that the candidate is not racist? >> yeah, this is going to be really tricky. and you saw paul ryan wrestle with that very question today. he said the comment was racist, he did not withdraw his support from trump. when asked, does he think that donald trump is racist as a result of the comment? he says, look, i don't know what is in his heart. >> i know there's something in there that i don't identify with. >> and that i don't appreciate with, that's right. this is kind of linguistic gymnastics on the part of a leadership of the republican party that is going to be very difficult for them to maintain. it's going to be a long hot summer for paul ryan if this continues. and remember, today, he was making those comments as he was launching the republican platform, the gop's agenda, the plan that they have for poverty in the united states and the

cost to washington. it got completely drowned out by this issue. he still says, i think that hillary clinton would be worse for the gop agenda than donald trump. that's why he's not withdrawing his support. but as you saw today, that agenda, that he is trying to forward, is getting drowned out by the candidate himself. >> "the new york times" points out today and i believe "the wall street journal" as well this is the first time that trump has gone after judges based on ethnicity or the like. >> yeah. >> and that suggests a pattern. and because of that, i wonder, how much pressure you believe there will be on a paul ryan, for instance, especially when people like lindsey graham are saying it's time to withdraw your endorsement, which by the way paul ryan has not given. >> you're seeing one after another senior member of the gop say in this particular case, you were doing it in a way that's

hurting the party, hurting your chances of getting elected, and it's going to hurt the down ticket. it's going to hurt congressmen, senators, house of representatives in close races. the other thing is it's hard to continue to argue, look, you don't want to vote for hillary clinton. you want to vote against hillary clinton. people want to vote for somebody. they want to vote for an agenda, they want to vote for a candidate that they like. you feel the gop leadership saying, we're still counting on the voter out there to support us by voting against the policies of hillary clinton. what they are not saying is, rally around our leader of the party. he speaks for us, he speaks for the agenda. instead, it's words like racism that are in the language that are in the discussion. and that is a very, very volatile word to have at the top of your ticket. >> it's not new for democrats to criticize some republicans using that term. it is new as far as i can tell

that the leader of the party, the highest ranking, the third from the presidency, would say that about the presumptive nominee. this appears to again benew territory. >> and crucial for the republican party. they identified this in 2012 and identified it in 2008. they need to embrace a changing america. america has a larger latino population, a larger hispanic population that is voting. it needs to embrace them. this is not taking them down that path. >> john bussey from "the wall street journal," thank you. when hillary clinton's mother was born in 1919 women did not have the right to vote in these united states. now hillary clinton has won enough delegates to become america's first woman presidential nominee of a major political party. that is according to the associated press polling of delegates. the pressure is growing now and fast on bernie sanders to do what hillary clinton did eight years ago today. that's next from the fox news deck on this primary tuesday

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kennetthis afternoon closinfor auditions? what's on that piece of paper? oh, miss maroney, your forehead! should not be doing anything. i just had botox. i know exactly what's happening! ah! whoa! this is a bad streaming experience. the girlie show is a real fun lady show. (vo) don't let bad streaming ruin a good show. don't look at me! (vo) only verizon has the largest, most reliable 4g lte network. switch now, buy two samsung phones, and get a free 50" smart tv, plus up to $650 back. only on america's best network. hillary clinton will be the democratic nominee. the first woman to top a major party's ticket in more than two centuries of american history. that is according to an associated press count of so-called superdelegates. enough of them tell the associated press that they will indied vote for hillary clinton at the convention next month. it so happens that today marks eight years exactly since

clinton quit her campaign and made the barack obama nominee happen. still, the ap's calculation seemed to catch her campaign off guard. the clinton camp tweeted, we're flattered, a.p., but we've got primaries to win. most analysts predicted she would reach the magic number, only with today's contest in california, montana, new mexico, new jersey, south dakota and north dakota. new jersey closed first and that's when they thought it would happen but instead a day early. the associated press could celebrate the celebration planned for tonight in brooklyn, maybe. bernie sanders is promising to stay in the results no matter what tonight. and he also refuses the a.p.'s math. >> i think it is premature for any endorsement. it is up to the people to make that decision and is not clear. it is not me talking, the democratic national committee that says do not lump together pledged delegates, real

delegates with superdelegates who may or may not change their mind. >> senator sanders is correct the so-called superdelegates could change their mind before the convention next month. but according to the reporting of the associated press, secretary clinton has enough superdelegates who say they unequivocally support her. that makes it all but impossible for senator sanders to win the nomination and hillary clinton knows it. >> he basingly seems to be suggesting that superdelegates should overturn the will of the people. that is just hard for me to understand. it's never happened before. it's not going to happen this time. >> but we'll talk to an associated press reporter about the a.p.'s delegate math in a emt moment. first, let's go to beverly hills this afternoon. jennifer griffin is in new york for us first.

it doesn't look too presumptuous here about the presumptive thing. >> reporter: that's right. hillary clinton is being careful not to declare victory just yet. >> i have to tell you, according to the news, we are on the brink of a historic, historic unprecedented moment. but we still have work to do, don't we? >> reporter: that was her last night in long beach, california. one of her last campaign stops there where bernie sanders could still narrowly beat her giving her a psychological blow heading into the convention in july. and taking away from what aides say will be a historic speech here in brooklyn where she is expected to become the first woman to become the presumptive nominee for her party. the clinton campaign argues it is not just superdelegates putting her past the finish line. she's ahead by 291 pledged delegates and won 9 of the last 13 democratic primaries, they

say. clinton won't take much time off after today. on friday she'll be in washington where she plans to give a speech at planned parenthood. then next week she'll be in pittsburgh, pennsylvania, ohio, all key battleground states, shep. >> she got another pretty big endorsement today, too, with a hint that a bigger one is coming. >> reporter: that's right. in fact, an endorsement from one of the superdelegates, nancy pelosi. >> well, i'm a voter in california and i have voted for hillary clinton for president of the united states. and i will endorse her for that position, but i hasten to say it's not over until it's over. californians have not voted nor have others in five states. >> reporter: for a.p. to call the race in favor of clinton on the eve of the california primary by including the 23 superdelegates, it plays into the narrative of the sanders camp that these superdelegates are the equivalent of 1%, most

who pledged to hillary before any of the primaries started. clinton hopes to pick up one other key endorsement this week, shep. president obama will be here in new york tomorrow. it's not clear whether he will endorse her tomorrow. he'll be here for some fund-raisers, but we do expect him to endorse her sometime this week. shepar shepard. >> i think he's on jimmy fallon on thursday night. it's an interesting booking. bernie sanders says a victory in california would give him enormous momentum to take him all the way to the convention. the biggest prize is 475 delegates there. but it is proportional. sanders says if he wins big it will help to make his case to the all-important superdelegates. mike emmanuel is in beverly hills this afternoon for us. hi, mike. >> reporter: hi, shep. bernie sanders's campaign

manager told our bay area affiliate that he wants the people to decide this race. >> there's nothing to concede. secretary clinton will not have the requisite number of pledged delegates to win the democratic nomination. she will be dependent on superdelegates. they vote in july 25th. we are going to do everything we can to win the primary tomorrow. >> reporter: and i'm outside a polling place here in beverly hills, california. after sanders' campaign has been here nonstop over the last couple weeks, the result in the golden state would have a huge impact on his future plans. >> do we know about his next move? or do we have to wait for the polls to find out what is next? >> reporter: well, shep, sanders told us yesterday that he's planning to go back to vermont to reassess his campaign, had breakfast this morning in san francisco. sanders told reporters he's feeling great and feels like he

has a great shot at winning here in california. the sanders campaign said the rally is tentatively scheduled for sunday in washington, d.c. so they are making preliminary plans for him to continue campaigning. jeff weaver said today he thinks there's a zero chance of the campaign not continuing tomorrow. but team sanders will get a report card from voters in six states tonight. >> mike emmanuel for us in beverly hills. thank you very much. the associated press reporter who threw everyone for the loop and did the math and did confirm that hillary clinton had enough votes to lock up the nomination. and we have news breaking right now on donald trump. and it comes from congressman jeff blake. and it is not what donald trump wants to hear. that east next in breaking news. caring for someone with alzheimer's means i am a lot of things. i am his guardian. i am his voice. so i asked about adding

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breaking news now and the republican senator from arizona jeff flake has just responded to what donald trump said to say it was racist and there could be a challenge to donald trump's nomination. he writes, quote, let's face it, meet the old trump just like the new trump. we've got what we've got. that's not somebody who can win the white house. where there's no talk of a convention challenge or anything else, this might spur it. end quote. there was tension and some degree of conflict with senator flake. but to my knowledge, this is the first elected republican, especially at the senate level, who suggested that donald trump's actions and comments

could spur a convention fight over his nomination. again, that is from senator jeff fla flake of arizona moments ago. last night the associated press added up the number of sell gets supporting hillary clinton and claim to the con solution she has won enough to clench the democratic nomination. we'll bring in steve olmenecker from the associated press. he was in charge of the team that counted the delegates. good to see you. >> good to see you, shep. >> i know you had a lot of people on it for, like, nine months? >> well, we started late last year. and we had reporters in every state reaching out to the unpledged or superdelegates in each state. and we track them. as we did surveys, we would update our count and wrote stories about it. and as hillary clinton got closer to 2383, we ramped up our efforts to reach out to people

to see if they were ready to commit to either candidate. >> and what did you find, that anyone switched from bernie sanders or is this more people who had not committed one way or the other and now are firm commitments? >> yeah, i believe there was one in the virgin islands, one superdelegate for bernie sanders that switched. otherwise no one else switched. early on in puerto rico one backed hillary clinton and switched to uncommitted simply because she wanted to hear what the candidates said about the financial crisis in puerto rico. after hearing what hillary clinton had to say, she switched back to hillary clinton. we have had no one switch off hillary clinton since november. >> was the -- i'm curious about how the question was asked. because bernie sanders suggests, well, they can always switch over to me. we can make the case that they would switch over to me. were there any questions like how sure are you about this? >> absolutely. and it's true, they can switch. so we ask them, are you

definitely planning to vote for either candidate at the convention unequivocally. and when someone would answer us, we had lots of conversations with people over several months, sometimes they would say i'm 95% there. in fact, i had a superdelegate say to me on sunday, i said, get back to me when you're 100% there. >> pundits have suggested, pundits, that this reporting could suppress voter turnout. >> well, the issue is this, when you know something, this is news, we've been counting delegates in primaries and caucuses, we have been calling superdelegates and reporting on what they tell us. when we got to 2383, that's news. the fact that a candidate for the democratic nomination has the support of enough delegates to win the nomination at the convention, that's news and reporting news is what we do. >> and that's why the news part is separate from the opinion part so that the news people do their thing and the opinion people can do their thing? >> yes, i believe so.

>> yeah, i like it that way. great to see you. i appreciate you coming by. congratulations. i saw nbc nipping at your heels this first but y'all were first, appreciate it. >> thank you. with hillary clinton reaching the number of delegates needed to clench, expect the general election to kick into high gear now. so how does secretary clinton match up against donald trump? we'll get analysis on that and we'll check in with the reporters on both coasts. this is fox news channel. america's home for news and information on cable and america's election headquarters. you both have a

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the sincincinnati zoo reope the gorilla enclosure after a 3-year-old boy fell in last month. the mother will not face charges and the boy scampered off. crews shot and killed the gorilla after it dragged the kid through the water. and the japanese boy who survived nearly a week in the woods after his parents abandoned him was out of the hospital today. cops say no charges for the parents who claimed they were trying to teach the 7-year-old a lesson. he says he's looking forward to playing some baseball. the news continues with shepard smith right after this. but i've. except that managing my symptoms was all i was doing. and when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis.

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if the numbers hold true, we could be looking at a record turnout in california. nearly 18 million californians are signed up to vote. officials say t most ever for california primaries. it's near he thrly three quarte

voters who are allowed to vote. records show the numbers of people aren't sure what party is their preference. how is it looking there, jonathan hunt? >> reporter: so far it's been pretty brisk in culver city. we have what you expect the rush expected later on in the day. i can tell you here by the way we are at the heart of california's 37th congressional district. that's one of the most reliably democratic in the state. and therefore in the entire country. and that democratic leading certainly is reflected in the

voters we spoke to today. listen here. who did you vote for for president? >> hillary clinton. >> reporter: why? >> because i believe in her policies. i think she can represent both the left and the right and i think she's more inclusive than either bernie sanders or trump. >> reporter: if it seems likely that hillary clinton is actually the democratic nominee, will you support her? >> probably not, no. >> reporter: you would just -- would you vote for anybody or just not vote at all? >> i would vote for someone else, yeah. >> reporter: who would that someone else be? >> probably a third-party candidate. >> reporter: and shep, not a single voter we spoke to today said they had second thoughts on coming out today after they heard hillary clinton already got the required number of delegates. it doesn't seem to have affected the turnout at all as far as we can tell here. >> despite the associated press

delegate count, it doesn't look like anybody is back down on trying to win over california votes. >> reporter: no. after all, we are the most popular state in the country, 475 delegates at stake. bernie sanders wants to win here so that he has momentum. he can still keep going with those claims that the superdelegates could switch their allegiance prior to the convention to him from hillary clinton. hillary clinton wants to wrap it up with a nice bow winning california and start concentrating on the general election. shep? >> jonathan, thank you. voters also heading to the polls in new jersey, the second biggest prize for both parties tonight. molly line is there in elizabeth, new jersey. >> reporter: hi, shep. 126 pledged delegates are still at stake here. both of the candidates have been spending time here in new jersey holding rallies, but secretary hillary clinton is expected to score a win here over senator

bernie sanders. it's unclear, though, that a clinton victory on the east will sway supporters for bernie sanders and are still hitting the polls for a few more hours, particularly to the west in california where the race is so tight. donald trump is the presumptive nominee and at the polls today people say they still want to cast their votes and be counted. >> i don't trust the republicans. they might have cruz or kasich, you know what i mean, win and say, look, they're catching up. i don't trust them. >> reporter: you wanted to make sure your voice was herd. >> i wanted to make sure. >> i want to make sure she has enough delegates to go over the threshhold, which i know she will, but you can't just take it and sit back and be complacent. >> reporter: that was a trump voter and hillary voter. california is the big state tonight with the big numbers and a lot on the line. the polls here in new jersey close at 8:00.

so new jersey will have a little bit of anytime the spotlight. shep? >> molly line in elizabeth new jersey, thank you. with the primaries wrapping up, all eyes are moving to the general election toward donald trump and hillary clinton as they head into the next phase with their respected baggage. what does each need to do to win over november? let's bring in hailey, a political reporter for "usa today." i guess a couple days ago this was one discussion and now it's another. >> shep, we have what looks to be a dead-even race if you look at the polls, right? but from here on out we are looking at two things, first, how much does the latest carnage of what is going on inside the republican party and donald trump's comments actually hurt him? because up until now he's been teflon. none of the comments in the beginning would lead to the downfall he has. things are looking difficult out

in california. it doesn't help with the news organization calling this based on superdelegates and challenging bernie's people, but you can see the numbers start to change depending on those two factors. >> the numbers are like even on both sides like they always have be. it's the sliver in the middle to win american politics. is there anything to show that donald trump is capturing the sliverov or hillary clinton is winning over that sliver? >> no, because it is such a small sliver of the pie that i think this will be more of a base election. it's going to depend on which candidate is able to gen up, in donald trump's case, a large margin of participation in the white vote and some of the critical swing states like pennsylvania and ohio. and for clinton's part, it's going to depend on consolidation in her party. she's got demographics on her side. if she's able to consolidate the party, the demographics are increasingly, you know, with 30%

of the voting electorate now minority, that's more than double what it was 10 to 20 years ago. but serious issues abound in terms of whether she will actually be able to do that. >> regarding this trump thing, there have been a lot of things along the way that a lot of people on tv said, well, this one is going to sink in. none of those felt like this. none of those had this just position of republican against republican, lindsay graham, you can withdraw your -- i haven't seen it like this. i wonder if it's different, i don't know. >> we don't know until we see the polling. it feels different for a couple reasons. first of all, he's making ethnic arguments all along but this is different because he's no longer talking about illegals. it's always under that guide that we welcome all immigrants. this judge he's going after is an american, he's not even an immigrant, just of mexican heritage. so it kind of crosses that threshold and that line to now

where the entire republican party feels like the officials, but they have to separate themselves including many of the people who are on his list of would-be vps like newt gingrich. so when you see that happening and people are feeling like they are duty-bound to distance themselves from him, it does feel difference. >> we have gone 16 hours without a donald trump tweet. 16 hours. >> so maybe they are trying once again? because that has been the argument all along, is that if this is okay even though he digresses from some key beliefs we have and platform beliefs we have, we can bring him into the fold. we can, you know, have him make that pivot to be more presidential and we can reach common ground on those issues. neither of those things seems to be happening at least right now. >> still nothing new, right? nothing from donald trump? >> 17 hours. >> 17 hours now and counting.

hi d heidi, thank you. how would you like someone to check out your internet browsing history, everything here and in your desktop and whatever you have, they can check it out without a warrant. your browsing history, everything you have gone to. the fbi is trying to make that legal in some cases without a judge's order. think of that. judge napolitano is in to help us think about it in just a moment. thanyou for dining with . hope to see you again soon. whoa, whoa, i got this. just gotta get the check. almost there. i can't reach it. if you have alligator arms, you avoid picking up the check. what? it's what you do. i got this. thanks, dennis! if you want to save fifteen percent or more on car insurance, you switch to geico. growwwlph. it's what you do. oh that is good crispy duck.

well, the "today" show cohost, i should say anchor savannah guthrie, says she's going to skip covering the olympics in rio because she's pregnant. congratulations. she is concerned about the zika virus and why wouldn't she be. steph curry dropped out yesterday as well including his injuries. he's currently playing in the finals with the golden state

warriors as you probably know. rio has seen a whole lot of problems in recent months as officials scramble to get ready to kickoff the olympics and images in our slideshow this afternoon, you can see this health worker here spraying insecticide to try to kill the mosquitoes that spread the zika virus. the international olympic committee is refusing calls to delay the game. but it is not just zika, shoddy construction and a huge problem in brazil. two people died when this bike path collapsed into the sea. that was just two months ago. and there's still unfinished work at some of the olympic stadiums including these. today's investigators say they raided several construction companies on suspicion of fraud there. and then there's the water. city officials say they have not met their goal to fix the sewage problem there in time for the games. they are now saying a full cleanup may not happen for decades. and one of the top concerns, of course, is security. here are soldiers taking part in a training exercise. the summer games are set to

begin in august. want the feds to know which websites you surf? all of them? it could soon be easier for them to find out and a lot easier. lawmakers this week are considering legislation that would let the fbi access somebody's internet history without first getting a warrant in terror investigations. critics including representatives from tech companies including google and facebook say changing the law would violate americans privacy. let's bring in the judge, andrew napolitano is here, a fox senior judicial analyst. no warrant? >> it's really a double-edged sword, shep. and it continues the assault on the fourth amendment, which the federal government has been waging for 40 to 50 years now, but this is the deepest and most profound assault. everybody knows the types of things we browse about, and if the fbi or any federal agency can capture your browsing records, they can get your medical, your legal, your

religious, your personal, your internet views and aspirations and thoughts and ideas without a search warrant. the whole purpose of the fourth amendment was to prevent this sort of fishing net operation where they throw a net out to see what comes in. it was to force the government to focus on bad people as to whom there is a suspicion. that's why the fourth amendment requires probable cause. the fbi goes to a judge, the judges sit 24/7, i once did this when you have that assignment, and you present evidence. if the judge agrees, it's more likely that the judge signs the order and they are on their way immediately. here's the other side of this sword, and this is why the high-tech companies are so upset, don't expect your internet service provider to tell you that the fbi is calling. because the same statute, if it becomes law, it's not yet law, will make it a crime for the internet service to provide and tell you that the fbi has comicaling. if you have a violation of the fourth amendment, searches and

seizures without a warrant issued by a judge and a violation of the first amendment, congress shall make no law abridging the freedom of speech, yet it would be a crime, a felony for the internet service providers to tell you that the fbi has comicaling. >> so this is clearly unconstitutional therefore this law will never pass, right? >> therefore this law will pass because the congress doesn't give a damn whether it is unconstitutional. they are going to pass it to give us the facade of keeping us safe when they are violating our intimate right to privacy. and they will wait for the courts to get involved. in the meanwhile, hundreds of thousands, maybe millions of people will have their right to privacy violated. >> why do we just lie around like sheep and let them do this? >> jim comey said to the senate judiciary committee last week, he didn't use this phrase, i'm summarizing, it's a pain in the neck complying with the constitution and we would be a lot more efficient if we didn't

have to comply with it. guess what? the constitution is intentionally a pain in the neck so that law enforcement will not run over our civil liberties. so the government will be forced to focus on the bad people rather than using a fishing net approach, which is easier for them, but harmful to the rest of us. >> we have been talking about this stuff for 15 years and it's a broken record. >> it gets worse. it never gets better no matter who is in the white house and no matter which party controls the congress. the american people should wake up. this is a major step far more egregious than the previous ones that have happened before this, which you and i have been talking about as you state, this is a major step toward a police statement. it's done in the name of, it's always done in the name of keeping us safe. who or what will keep our liberties safe? >> people get riled up about the stupidest things and something important like this you can't get them to even send an e-mail. >> i appreciate the opportunity to try. >> well, okay. thank you, judge.

>> you're welcome, shep. @shepnewsteam. have a thought on this? tweet us. if you don't care what they do, sit there and do nothing. coming up, the former nasa astronaut accused of murdering two girls. if you need advice for your business, legalzoom has your back. our trusted network of attorneys has provided guidance to over 100,000 people just like you. visit legalzoom today. the legal help you can count on. legalzoom. legal help is here. i'm getting dark chocolate and a hint of butterscotch. how about you? i taste - whaaaaaaaaaow. wha wha na na na na na na da ba da ba da ba daw! it's good. man, it's like pure power at your finger tips. like the power to earn allstate reward points, every time i drive. ...want my number? and cash back for driving safe. and the power to automatically find your car...

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a former astronaut faces murder charges after his car slammed into another vehicle and killed two young girls. that's according to police in the state of alabama. it happened early yesterday morning on a rural highway outside tuscaloostuscaloosa. they say he may have been drunk and speeding at the time of the crash. police say an 11-year-old and 13-year-old went flying out of a car. cops say neither girl was wearing a seatbelt.

doctors are say two adults were also hurt. according to nasa, the astronaut, the man was a astronaut for more than a decade. he commanded three shuttle flights. tropical storm colin kicking out power for thousands of folks and the flooding in northern florida. the storm dropped close to 10 inches of rain in some parts. what's left of colin is moving north and east. it's off the north carolina coast. but rain will continue in the state and parts of florida. they say some coastal flooding and dangerous surf still possible in the outer banks. let's take a live look at st. petersburg, florida, this is outside tampa, of course. not live, this is tape. flooding there over the weekend, certainly a problem over the last couple of days. phil keating is in clearwater where apparently it's wet. >> hi, yeah, one of the guys that live over there in pinellas

park was saying it was a mediocre storm yesterday. it wasn't here. it's a classic impact rule of hurricane season it's where you live. this is the mariner's cove trailer park in clearwater. you can see it remains underwater and under a mandatory forced evacuation. the rains started early yesterday morning, and kept raining all day long. into the night and into today as well. so for now, just an absolutely miserable experience for the 30 families who were living her yesterday and don't know yet when they get to return home. fast moving tropical storm colin went from here to northeast of the state to jacksonville with more rains and winds. a possible tornado or sheer force winds ripped off a few rooftops. toppled some trees. overall state wide no significant damage according to the stage emergency operations center. pockets of flash flooding here and there. total florida residents who woke up today without power about 10,000 out of really 20 million.

that was pretty minimal. the governor's state of emergency remains in place as well as 6,000 national guards on stand by to react if need be. but it really is not expected. shep? >> thanks very much, phil keating live for us. firefighters giving an emotional fair well to an national hero. a dog who happily served his country. they called the dog brittany, the last known search and rescue dog from ground zero. she'd been having kidney trouble we're told and yesterday doctors in texas put her down. ryan with more. >> this is brand-new with our handlers. brittany was two years old when the attacks of 9/11 happened. it was her first deployment. they spent two weeks down there looking for survivors, over the following year she would go to about a dozen disasters including hurricane katrina. she retired but never stopped

helping people. she became an ambassador for a local fire department. she would visit school kids. she's been recognized and nominated for a hero dog award. got to meet george h.w. bush. and in september she celebrated her 16th birthday. all right, thank you. we'll be right back with a look at a little celebrated moment in presidential politics but one that had enormous implications for the nation. it happened this day in history. e 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.

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try new alka-seltzer heartburn relief gummies. they work fast and don't taste chalky. mmmm. incredible. looks tasty. you don't have heartburn. new alka-seltzer heartburn relief gummies. enjoy the relief. there's breaking news on fox news channel. the republican senator from the state of illinois, mark kirk, could become the first to unendorse the likely gop nominee, donald trump. granted, kirk is in a particular situation with this election. he adds i cannot and will not support my party n's nominee fo president. this is just in to fox news. this is the first elected official we know of who has

endorsed donald trump who has now unendorsed him. senator kirk has had a tough election fight ahead, that might be part of it. i'm shepard smith in new york. your world with neil cavuto is coming up next. what are they voters lining up for? the ap declared hillary clinton won the nomination hands down. is it any wonder bernie sanders is pounding the table he is not happy? welcome, everyone, i'm stuart varney in for newel cavuto, and this is your world. this headline appearing on the front page of the "new york times" early today citing an ap survey. it reads clinton hits nomination threshold defeating sanders, this before even one vote was cast in today's primaries, which still have hours to go. is that fair? the debate in a moment. first, to mike emanuel with the