the 31-year-old american swimmer in and out most decorated olympian of all time. congrats. >> and more events to go. >> that's right. thanks for joining us. >> "america's election headquarters" starts right now. donald trump unveils his plan to make america's economy great again, he says. hello from "america's election headquarters," i'm heather nauert. the republican candidate unleashed a blueprint that vows to boost jobs by cutting taxes and regulations and red tape that he says would allow american businesses to compete around the world. listen to this from earlier today. >> we are ready to show the world that america is back, bigger and better and stronger

than ever before. >> let's check in with peter doocy live for us in detrial where he just listened to that speech. peter, hello. tell us which part of that speech was best received by the audience today. >> reporter: heather, it had to have been his pitch for a major cut president trump would make in corporate tax rates. >> no american company will pay more than 15% of their business income in taxes. [ cheers and applause ] in other words, we're reducing your taxes from 35% to 15%. >> reporter: donald trump stuck to script today, using a teleprompter, calling for the death tax to be eliminated, a moratorium on new regulations, three income tax brackets instead of seven, a renegotiation of nafta, and a

withdrawal from the trans-pacific partnership, plus a new push for the keystone xl pipeline to be built. there was a lot of criticism of hillary clinton, particularly of her record on jobs while a senator a decade ago. and the crowd here at the detroit economic club for the most part loved it, heather. >> all right. so there were some protesters there as well. tell us about that. he was interrupted a few times. >> reporter: 14 times. if you were watching the speech and it was a head-on shot and you heard the crowd booing, they were not booing for donald trump, they were basically discouraging protesters, encouraging security, as they hauled these folks out. that is a lot, 14 is a lot more protesters than we have seen at any trump event in months. and we've never seen disrupters like this at a policy speech. a group called the michigan people's campaign is taking credit for all the disruptions. and the detroit economic club says this event was only open to

members and their guests but they did sell some memberships after trump's event was announced, so that could be how 14 disrupters got in here. trump let security do its thing and kept on going. >> peter, thanks for watch. after a week of missteps and a lot of negative media coverage, trump is hoping that speech will help refocus his campaign. a news poll shows him trailing hillary clinton 50-42%. he's hoping to get the narrative of his campaign back on track. >> he's very focused. he knows what he needs to do. i'm confident he'll start doing it and the media will have to start covering it. >> chris starwald is the author of "fox news first." chris, there was a whole lot of stuff that conservatives will like there, the corporate tax

rate, lowering that, deducting childcare expenses, a lot of families would love that, death taxes as well. is all of that enough to get him back on track? >> well, it's a process. he's doing the right things in terms of getting elected. he's pivoting the discussion away from his intraparty feuds, his controversies. a lot of blood was shed last week in a figurative sense for donald trump. he's trying to go about healing. when you look at that plan you see something that is a very conventional, very typical of what you would expect to see from a republican presidential candidate down the line. tax cuts, getting rid of the inheritance tax, things like that, with one noteworthy addition. the noteworthy addition is the pulling out of -- or renegotiating nafta and also pulling out of the trans-pacific partnership negotiations. that is the nod to donald trump's base, blue collar, white

voters that have been hurt. it's traditional trumpism, merged with the issue of free trade. >> a lot of republicans pretend they didn't have anything to do with nafta but they sure did. we all remember president obama's shovel-ready infrastructure projects. that didn't go over too well. how do you foresee this one going over? >> hillary clinton came out with a bold statement on spending a ton of money on infrastructure projects. remember, part of the reason that the obama stimulus wasn't such a big hit was that a lot of the money didn't go into shovel-ready projects. it went into a laundry list of democratic pet projects that had been waiting around on capitol hill, turtle tunnels and studies of the athleticism of shrimp. >> they did a sidewalk in my town. i think i'm the only one who uses it.

it's all overgrown with weeds, nobody uses it except me. >> well, okay. you ought to be trimming it back. but the reality is both clinton and trump say that they're going to do real infrastructure, bridges, roads, railroads, all that stuff. donald trump says he's going to borrow the money. whether or not that gets anywhere, building infrastructure is something that's popular, people like the idea of things that you can touch. both candidates embrace that. >> donald trump is basically blaming the media for the bad week that he's had. how much do you attribute it to the mainstream media, and in fairness, they're not covering him in a fair fashion, you read "the new york times" and some of the headlines are pretty outrageous. how much of it is about the media and how much of it is about trump himself? >> a republican candidate for president, especially donald j. trump, complaining about the way the media is would be like napoleon complaining it was cold in russia when he tried to

invade. the media i cans, broadly speak predisposed against the republican candidate. that's what studies and science have told us that's how things break down. you can't complain about it, you have to run through it, it's the truth of running for office. in trump's case, because he has a penchant for creating outrageous, and by creating outrages he got an advantage in the primary, now it hurts him. >> a penchant for creating outrage. you're absolutely right. thanks a lot. hillary clinton will deliver a major economic speech of her own in detroit on thursday. she's expected to talk about the economy, and that plan that she has. today she is in florida, set to tour a brewery in st. petersburg, florida, that would be a fun story to be on. it's in the central part of florida. that includes tampa and orlando. the swing section of that state. and then later today she'll head to orlando.

mike emanuel, he drew the good straw, i guess, in st. petersburg, he gets beer today, what could be better than that? mike, good afternoon. tell us about the latest polling out of the state of florida. that's quite something to watch. >> reporter: heather, we have some fascinating new numbers out this afternoon, a new monmouth poll reveals that hillary clinton has opened up a 12-point edge over donald trump, 46-34% with 7% backing libertarian gary johnson and 2% supporting jill stein. hillary clinton is leading 43-39% when you consider those third party candidates. so when you consider there are 29 electoral votes up for grabs in florida, all indications are donald trump and hillary clinton will be spending a great deal of time and energy here in florida between now and election day. heather?

>> mike, looking back at the polls, there's a real correlation every time. he says something really controversial, she seems to go way up, if you look at those polls in florida. >> reporter: absolutely. folks say you have to allow time for the bounced out of the convention to basically level off a little bit. we'll see if that affects the numbers. but hillary clinton of course is coming here, spending the first couple of days this week here in the sunshine state. i should note that clinton and her running mate tim kaine did their launch rally more than two weeks ago in miami. and in her last stop in nearby tampa, clinton spoke about how critical this area of florida is to victory in november. >> we want the very most energetic, enthusiastic people, because our success in the i-4 corridor is essential to our winning. >> reporter: so florida a very big state. and she's talking about the

interstate 4 corridor, a critical swing area of this major battleground state. she'll make her pitch here a little later this afternoon, heather. >> spending a lot of time there, and resources. mike emanuel, great to see you as always. you just heard mike talk about how close that race is in florida. but polls show hillary clinton pulling away in other battleground states, including at least one traditionally republican state that may now be in play. we'll have more on that when we come back. plus conservative groups targeted by the irs have now been handed a big break from a federal appeals court. what the agency just did that has a judge saying harassment by the irs is still a potential issue. stick around. you can run an errand. (music playing) ♪ push it real good... (announcer vo) or you can take a joyride. bye bye, errands, we sing out loud here. siriusxm. road happy.

won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry t replacing your car because you'll get the full value back including depreciation. and if you have more than one liberty mutual policy, you qualify for a multi-policy discount, saving you money on your car and home coverage. call for a free quote today. liberty stands with you™. liberty mutual insurance.

is depression more than sadness? ♪ it's a tangle of multiple symptoms. ♪ ♪ trintellix (vortioxetine) is a prescription medicine for depression. trintellix may start to untangle or help improve the multiple symptoms of depression. for me, trintellix made a difference. tell your healthcare professional right away if your depression worsens, or you have unusual changes in mood, behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. trintellix has not been studied in children. do not take with maois. tell your healthcare professional about your medications, including migraine, psychiatric and depression medications to avoid a potentially life-threatening condition. increased risk of bleeding or bruising may occur especially if taken with nsaid pain relievers, aspirin, or blood thinners. manic episodes or vision problems

may occur in some people. may cause low sodium levels. the most common side effects are nausea, constipation and vomiting. trintellix did not have significant impact on weight. ask your healthcare professional if trintellix could make a difference for you. (announcer vo) you can go straight home. (howard stern on radio) welcome to show business. (announcer vo) or you can hear the rest of howard. bababooey! (announcer vo) sorry, confused neighbors, howard's on. siriusxm. road happy.

welcome back. it's 14 minutes past the hour. dozens of conservative groups sued the irs after being unfairly targeted. and they just got a huge lifeline. a federal appeals court saying that the irs has not proven that it has ended its discriminatory practices and is reinstating a pair of lawsuits against that agency. one of those conservative groups saying claims the irs subjected it to, among other things, this: delayed processing, harassing, probing, and an unconstitutional request for additional information. that group is called true the vote and its founder joins us today. thanks for joining us today. it's game on for you, you can reinstate the lawsuit. now what? >> well, i mean, as a practical matter we're headed back to district court and we hope to be able to get to discovery, to understand who knew what when.

but that has been a long, long, six-year-plus road. coming up on the heels of an election cycle, we're going to fight on but we're also going to make sure we're doing our job for free and fair elections in the polls. >> part of what your organization does is encourages people to go out to the polls, to volunteer, to help folks out. did you ever receive your tax exempt status? >> we did. we did, just as we began to prepare the suit, the irs suddenly saw better of it and thought that if they gave us that exemption, we would drop the suit, which we did not do, and i'm so glad that we didn't, because now we're in a position to represent many, many hundreds of pro-liberty organizations that this administration successfully silenced. we're not going to be silenced. >> at this point you're trying to help out others as well. but you've been fighting this for a long time, you said six years. how much does something like that cost and how long can you

hang in there? >> i mean, we've been very, very fortunate to have counsel that has represented us pro bono. even at pro bono, people still need to keep the lights on. we need all the support we can get, to be sure, not just for the lawsuit but for what had the administration so intimidated to begin with, which is the work that we do. this is high season. the question has to be asked that what did we do that so unnerved them that six years later we're still in court? >> tell us about the facebook postings and information that the irs asked you for. >> they asked us for every twitter posting, every facebook posting i had ever made, they wanted to know every group i had spoken to since the inception of the organization and where i intended to speak in the next year, questions that went far

beyond the determination of financial responsibility and really took on a form a lot more like opposition research. >> take us back for a little bit on this, because the irs apologized to your organization and others, but yet on the other hand, they never said what they would do to try to fix the targeting, which they did in fact do. and they also indicated to you that they could come back and basically go after you another time. >> sure. i mean, apologies ring very, very hollow. i think america deserves to see a perp walk on this. we need to see somebody prosecuted. i'm not so sure we need to be focused on the irs. i know as a practical matter there were other agencies involved in the same scandal. hopefully our discovery will prove who was really in play. >> remind us where lois lernor is today, she was the head of

the entity charged with looking at and granting tax exempt status to groups such as yours. >> well, as far as i know she's still drawing a paycheck and living in a $3 million mansion. you know, i guess that it goes to show that crime pays, so far. >> we'll keep watching that story, keep an eye on it. congratulations are in order for you and folks who are fighting that lawsuit alongside you as they can now take another stab at it. founder of one of the groups targeted by the irs, thank you so much. a state lawmaker in hot water after his bill targeting distracted drivers drew outrage from coffee drinkers. plus an airline grounding all planes after a worldwide computer outage. the aftereffects and when things may finally get back to normal. >> they couldn't tell me what time. >> what are you going to do now? >> i'm just going to go to the

gate until they start saying we'll be boarding now. i'm terrible at golf. he is. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you.

welcome back. it's now 22 past the hour. some delta flights have now resumed after a computer outage grounded jets around the world, stranding thousands and thousands of people today. the airline blames a power failure at its atlanta headquarters for crippling its entire system. at one point some boarding passes were being handwritten, like in the old days. the computers are now up and running, but so far 800 of 6,000 scheduled flights have taken off so far. >> there was a recording, i couldn't even talk to an agent, i could call back or wait three

hours. >> reporter: how frustrating is that for you? >> pretty frustrating. >> i asked them does the flight start boarding. they told me they have some problem with the system. >> i'll say, some problem with the system. johnathan, what's happening right now? it's looking quiet behind you. >> reporter: yes, it is. delta brought in additional personnel, opened up additional kiosks to reduce the lines. the airline tell us they had to cancel 451 flights so far and are warning passengers that even though the flights are once again leaving airports around the country and around the world, that passengers should expect additional cancellations and additional delays. it's not over yet, heather. >> not over yet. so how are the passengers handling all those delays? >> reporter: you know, by and large, passengers have been very patient, although some have

expressed concern that what's being described as an equipment failure or a power outage at one data center could temporarily paralyze a worldwide airline. listen. >> it actually is a bit concerning, because it sort of lets us know that we're really dependent on technology. once it crashes, once it goes down, we then scramble to try and find a way forward. >> reporter: delta's ceo just issued a video statement posted to the web in which he apologized to passengers facing declaration and cancellations and assuring them that delta has an all hands on deck effort to restore service back to normal. heather, the airline is offering waivers to passengers who are affected, offering them full refunds or the ability to change their flights over the next four days without penalty. back to you. >> all right, johnathan, your guest was so right, how dependent we are on technology.

drivers who drink coffee in new jersey behind the wheel don't need to worry about getting a ticket anytime soon, or so the sponsor of a bill about distracted driving says. he says the legislation is aimed at discouraging multi-tasking. that's a lot better, right? you can't multi-task behind the wheel. think of all the distractions you have every day. he says he can't imagine a police officer would pull anyone over for drinking coffee. hmm. what about turning around and yelling at the kids? i do that all the time. even though donald trump has secured the nomination, there is now a movement by some delegates to bump him off the ticket. is that even possible at this point? and who then would face off against hillary clinton? plus u.s. forces helping iraq in the dangerous battle to retake mosul along with some iranian-backed militias. why the head of one of those groups fighting isis is now threatening to attack and kill americans on the battlefield.

it takes a lot of work... to run this business. but i really love it. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost® to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste. i don't plan on slowing down any time soon. stay strong. stay active with boost®. tracfone began with one important belief: wireless should be affordable for everyone. twenty years later, we're still making it easy to save money on smartphones! our new smartphone plan is just $15/month. you get talk, text, and data with unlimited carryover®, with no contract and coverage on one of america's largest 4glte networks. plus, we have new 4g lte smartphones starting at under $50 bucks. new smartphones. new plans. new ways to do everything for less with tracfone.

available at walmart i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it helps pick up some of what medicare doesn't pay. and could save you in out-of-pocket medical costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks,

and virtually no referrals needed. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel - and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now - and down the road. i have a lifetime of experience. so i know how important that is.

some anti-trump republicans are trying once again to stop their presidential nominee, a group of activists wanting to queen a meeting at the republican national committee to

invoke rule 9, that would allow the delegates to nominate a new candidate. but do any of these efforts stand a chance of succeeding and if so, what would that mean for this election? vince colinase and jamie green, vince, let's start with you. is this even possible and how likely is this? >> first of all, it doesn't seem likely all. the best chance the delegate movement had was during the republican national convention, and that was a miserable failure. there wasn't anywhere close to dethroning trump. this is sort of a last lash-out by a group of imperceivable size, we don't know how big this group is. i'm not sure it's technically possible. rule 9 that you mentioned specifically is a rule that allows the rnc to come up with a replacement in the event of a vacancy.

that doesn't mean they can just vote trump out. as far as i know, trump has to step out on his own. >> the candidate would have to resign or die or some other circumstance. i know you're on the other side of the aisle, but why keep up with this push? >> they're probably not going to make it down the field, but they're money pass a hail mary, and it's completely understandable. this group is trying to go through the rnc process. you have other republicans who are saying they're not going to vote for donald trump and starting to move to the hillary corner. it is absolutely understandable when you look at not just the last two weeks, but how damaging he has been to that prescription that was written for how the republican party needed to advance to be able to regain the white house. and one by one, leading republicans are dropping like flies. barry mccaffrey said he was

uneducated and ignorant. >> people have all kinds of opinions about donald trump, some love him and some will never like him. i'm wondering if this whole thing could end up backfiring and could cause republicans to stay home in the fall. >> well, yes. and that's why, by the way, the hillary campaign is so eager to try and find republicans to speak out against trump, because it's not about attracting republican voters to hillary clinton. it's about suppressing republican voters from coming out and voting for donald trump. one of the spillover effects that might actually work to trump's benefit that these people are probably not perceiving is he's constantly saying the game is rigged, the election system is rigged especially against him. and establishment republicans, people who seem to have no connection at this point with the overwhelming populist voting base keep saying these types of things, it doesn't attract them to the republican party and may drive them closer to donald trump. >> that's a good point. let me ask you both about the recent slew of poll numbers where hillary clinton is up,

donald trump is down. he appears to be slipping in the polls in key battleground states as well, that is significant with less than 100 days to go before the section. in virginia it appears that clinton leads trump by double digits, 49-3. michigan, clinton leads 46-36%. in arizona trump should be a lot further ahead. jehmu, let's bring you back here. what does this tell us about the state of the race and why is hillary clinton succeeding at this point? >> i think hillary had a really good convention and she and tim kaine had a good week coming out of their convention. certainly this has to do with donald trump imploding. and as we get through these next 92 days, anything can happen. but just because he is able to

stay on message or read from a teleprompter for one speech, i think people, especially the never trump movement we were just talking about, are quite terrified of what's going to happen next, what's going to happen next week. that gives voters an understanding of how volatile, and he's using hillary's own words, she described him as unhinged, but voters are showing in this polling that they consider him unhinged and unreliable. >> on the other hand, there are huge changes, you look at virginia, for example, it used to be a more conservative state and now you have a lot more immigrants in the state. is there more about donald trump not doing well and voters turning away from him or is it more about demographics? >> i think demographics plays a huge role. anybody who observes politics knows tell me grademographicalld

states is changing. many in the working class felt like they haven't had a candidate to rush towards. donald trump i think thus far has become the voice for that cross-section of the country. and hillary clinton -- i mean, donald trump has made a loss of unforced errors. we've seen the polls rapidly shift from pro-donald trump to pro-hillary clinton, which suggest to me the polls aren't totally calcified. but hillary clinton, she's not a great candidate. she must be pretty happy that donald trump has sort of shot himself in the foot a couple of times. over this past weekend we've seen him start to mature as a candidate. maybe he can still to it. >> we'll see. that's what his campaign manager says is going to happen. vince and jehmu, thanks for joining us. a very serious story to tell you about, and you will want to listen particularly if you have a loved one who has served or is currently serving overseas. as iraqi forces prepare for the battle to retake mosul from isis, they will be backed by the

u.s. and some dangerous iranian-backed militias. the leader of one of those militia groups, you probably have not heard his name, but i can guarantee you intelligence officers and our members of the military do know it. qais al khazali is seen here taunting the u.s., calling the campaign against isis ineffective and claiming the u.s. really wants to redraw the entire map of the middle east. he also says that he will go after and kill americans in that battle to retake mosul. this guy was directly responsible, by the way, for the execution of four u.s. soldiers in 2007. three of their families now suing iran. our next guess nose al khazali well, he's a former military intelligence officer who is an adjunct fellow at the hudson institute. thanks for joining us and telling us this story today. when our viewers hear the story of four americans killed, and we

have the names and faces of these young men, we can put them up on the screen. tell us about what happened to these men. >> thanks for having me, heather. this is an irgc-directed operation, meaning iran directed khazali to conduct a kidnapping of four americans to exchange for four iranian operatives. he directed the operation working with lebanese hezbollah. the kidnapping went wrong and four americans were executed on the back of a truck. one was in detention for three years. iran exerted pressure on then prime minister malicky to get the united states to release al khazali. there was a direct link between iran's quds force, khazali and

the deaths of americans. he's now walking the streets of iraq, more popular than ever, and now is threatening to kill americans again. we should listen because he's done it in the past. >> he was involved in the capture of our u.s. soldiers. to many of our viewers this story will not be familiar to them. i know so many of our people follow the story out of iraq. so closely. how did the media, how did so many people manage to miss this story altogether? >> we were fighting al qaeda during the surge, but a lot of people don't know we were also targeting the very same militias that are now part of this coalition. anybody who was in the military then or in the intelligence community can't understand why we are now working with this militia. we're focusing on al qaeda in 2007. but we also targeted the militias, to include khazali's militia.

>> alongside these militias, the shia militias have said they will go after american troops; is that correct? >> yes. and he bragged that he can wear any uniform in the iraqi military, meaning that right now his men are part of the iraqi security forces that our men and women are training and advising. all he has to do is give the order. we should take him seriously because he's done this in the past. and now he's untouchable, he's more popular than ever. he's in a position to actually do what he says and we should pay attention to this. >> are our u.s. forces being told about this potential threat? >> we briefed several units a year and a half ago and realized that 75% of the americans that are in iraq right now have never been there before. the majority of our forces don't know who this man is. >> goodness. they're not seasoned, they don't

have that background. >> right. they should get them up to speed immediately, let them know who khazali is, and his militia group, and get them smart on it and start weeding them out of the iraqi security forces. >> the family members of those young men who were horrifically killed, they were executed by this man and his forces. they have a lawsuit now against iran. what can you tell us about that? >> well, the evidence is strong. the evidence shows that iran directed these attacks against americans using shia militias, and the khazali case is one of the strongest. we'll be able to rely on former intelligence officers and members of our special operations community to be able to tell the judge and jury that iran was directly involved in these attacks. >> and what is so stunning is that we had this man, we were holding him. our u.s. forces were for three years, you say, and then we let

him go because all the way at the top, they said let this guy go, let him back to iran. how high did this go? >> well, we saw an acceleration of people being released in 2010. it came soon after general ordoniero said he was ordered by the white house to take his hands off the reins, meaning everybody was being released. the intelligence community voted no against khazali. he will return to violence and he has blood on his hands. that was overridden by decisions in d.c. >> washington got involved. michael, i want to thank you for your service. thank you for your courage in bringing this story forward. and please let those family members know that our prayers go out to them and their sons will not be forgotten. >> thanks for doing this, heather. army sergeant bowe bergdahl, a very different kind of story, spent 25 hours telling his side

of the story for a podcast after he was charged with desertion in afghanistan. but now the military is asking the podcast maker, a big hollywood bigwig, they're asking him to hand over all the unheard audio. why this case could set a new precedent, that's coming up next. i've been taking fish oil from nature's bounty to support my heart. eating better, keeping healthy. so that no matter what happens in the future, my "future self" will thank me. thank you! 45 years of experience has taught us: no matter what the future holds, you're always better off healthy. nature's bounty you can help prevent blindness in undernourished children across the globe by getting your vitamins at walgreens. walgreens. at the corner of happy and healthy. right now with card, select nature's bounty vitamins are buy one, get one free.

... ... ... for lower back pain sufferers,

the search for relief often leads to places like... this... this... or this. today, there's a new option. introducing drug-free aleve direct therapy.

a tens device with high intensity power that uses technology once only available in doctors' offices. its wireless remote lets you control the intensity, and helps you get back to things like... this... this... or this. and back to being yourself. introducing new aleve direct therapy. find yours in the pain relief aisle. i'm bill hemmer on the fox news desk. we're expecting hillary clinton to speak in the next hour and see how she responds to the proposals donald trump laid out today on the economy. i'll also explain how some of trump's proposals go against republican traditional positions. a big hour coming up for you 3:00 eastern time. i'm working for shepard smith today. hope to see you then at the top of the hour. >> that bill hemmer is always working. remember alleged army desert

er sergeant bowe bergdahl? he talked to a film director as part of a podcast. the majority of the interview is unaired. now the u.s. military and justice department want the remaining audio handed over to the government. the filmmaker however has filed suit to try to stop that, a military prosecutor saying, quote, while preparing for the court martial i determined that unaired audio recordings of interviews with sergeant bergdahl conditioned information necessary for sergeant bergdahl's court-martial. this filmmaker was involved in "hurt locker," "zero dark thirty." very well-known.

does the government have a legal right to this information, the tapes? >> the government has argued that they do, that this is not a first amendment issue, that this is a military tribunal as opposed to a federal court and they do then have a legal right to come in and grab these through a subpoena. of course the journalist is arguing this is a first amendment right issue, it should be through a federal court, and the subpoena if drawn is a very narrow subpoena that is only used if essential to a successful investigation or prosecution because of course a subpoena to a journalist has to be very, very narrow. >> eric, so what happens? >> what happens, they may find information. if this tribunal is extremely successful and they get this information, they can use it against bowe bergdahl in his prosecution. because if you -- the problem i have with him is he should have shut up. he is under investigation for breaking the law. and he talked for 25 hours, which may be 25 hours of information that he may have told someone differently, he may

have -- >> so he may have contradicted previous statements to the u.s. military. >> but thes saying he made a deal with bergdahl that i will not turn over any of this information. >> to be fair, he's not a journalist, he's a filmmaker. >> what i'm saying is the filmmaker is going to say, look, put me in jail for this. then the just department has this huge pr issue, do we really want to have this filmmaker going out and being sort of a public martyr and being put in jail, does the justice department really want that pr issue on their hands right now of the filmmaker saying, oh, yes, put me in jail for this. >> it's a little different in that he was doing it for podcast, not for print. >> a podcast still is media. but it doesn't matter the format, does it, it shouldn't matter if it's print, television, radio. it's media. >> the journalist spliced exactly what he wanted out of this. >> how does that matter? >> it does matter.

when a person is recording something, they're making an audio recording. it's not just notes, not just his memory. >> the podcast can be transcribed. i don't think that really makes a difference. >> the podcast is his actual voice telling the story what happened. >> he spoke about his captivity, his attempted escape. you can see why the u.s. military and the justice department would want access to it. journalists are going to say, no, no, don't hand over the goods. >> because he made that deal with bowe bergdahl, he's saying i made this deal with him and that trumps anything. he came out and filed all these motions before the subpoena had even been filed. remember, the subpoena hasn't even been filed yet because he wanted to get out in front of this and say i know this is coming, i know that the army has, quote unquote, threatened

me with a subpoena. >> and bergdahl was so stupid to give this interview. if you know there's a possibility that they can get this information, any time you have something recorded, there is a possibility that information can be retrieved. it can be bought, hacked, stolen. >> the u.s. can take whatever is aired. the question is can us. a lot of people will be following that. team u.s.a. celebrating big win tuesday rio olympics and one company making news for what athletes wore during one competition, that's coming up next. your insurance company won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry about replacing your car because you'll get the full value back including depreciation. and if you have more than one liberty mutual policy, you qualify for a multi-policy discount, saving you money on your car and home coverage. call

for a free quote today. liberty stands with you™. liberty mutual insurance. craso come dive into disheser like the new alaska bairdi crab dinner with sweet crab from the icy waters of alaska. or try crab lover's dream with tender snow and king crab legs. love crab? then hurry, crabfest ends soon.

fox news is tracking the rio olympics, u.s. swimmer michael phelps winning his 19th gold medal and is not the only

american setting records. trace gallagher is live. you get to sit around and watch tv all day. >> reporter: a great job. 19th goal for michael phelps. the 23rd overall for the world's most decorated athlete. phelps swam the second leg in the men's four by one -- you may have noticed that michael phelps had several purple dots on his skin. it's the result of a therapy where trainers use heated glass cups on the skin and helps muscle recovery. many people are skeptical. but nobody is skeptical about the talent of katie ledecky. she won the freestyle. some and she both her own world record. if you don't want the spoiler don't listen but she also won her preliminary in today's 200

freestyle. in a shocker, venus and serena williams lost in the first round of their doubles matchup, but we should note that serena did win her opening singles match but venus lost hers. if you're watching volleyball, beach volleyball to be specific, you know that sandra dresses in a bikini unless you play for team egypt which is a full body suit. in 2012 the international volleyball federation changed the rules allowing athletes to make modifications to suit religious and cultural requirements. the egyptian players say they've been wearing the hijab for many years and has not affected their play but they did flus heir opening round. >> good for them. if they can play in that, moore power to them. i don't buy you don't what that michael phelps cupping stuff is. you're in l.a. and that's where they do that hippy dippy weird stuff.

>> reporter: i know what its. just people are skeptical whether it works. >> i'd be trying anything. to the athletes are superstitious. thank you. still ahead, some monkey business. why peta has filed a court appeal on behalf of a monkey over the selfie. you remember this story?

now you can't spell nutriam i right?t nut, i mean whose to say it's pronounced nu-triton, anyway? my mixes contain delicious nuts, specially blended for your optimal nut-rition.

that's right, i just changed a word in the english dictionary, forever. planters. nutrition starts with nut.

welcome back. peta is now filing an appeal after a copyright claim on behalf of a monkey -- yes -- was thrown out of court in 2011 the monkey took this selfie using a photographer's camera. when slater claimed it was copyrighted. peta sued saying the monkey was the copyright hold center. really? in january a judge tossed the case. now the animal rights group is filing an appeal, sag they law does not depend on humanity but on the work's origin. peta says proceeds should be

used to benefit the mop can i and his community -- monkey and his community. have great afternoon. here's bill hemmer in for shepard smith today. this guy works a whole lot. >> donald trump making it all about your money, delivering a major speech on the economy, and if he gets his way you could pay less in taxes, but if some differences get their way he will never be president. a new mystery candidate coming forward to run for president. also, hillary clinton's campaign may be a little concerned about the cash that donald trump is raising. saying it's a wakeup call. we expect to hear from her this hour and their response to trump's economic speech. death on a waterslide, ten-year-old boy killed at a water park. how did this happen? that's ahead in this hour.