jon: battling for the battlegrounds with donald trump and hillary clinton campaigning today into states that will play a beleaguered role in deciding which one of them wins the white house. the polls are close in both. i'm jon scott. jenna: i'm jenna lee. a clinton keeping her focus on florida today, continuing her swing through that swing state and now turning her attention to the zika outbreak which is big news in florida and elsewhere. this has donald trump campaigns in north carolina, his visit on the heels of his major economic speech where he not only unveiled his tax plan but blasted hillary clinton for what he calls her past economic failures and he's dead on that message when he spoke to fox and friends this morning. >> you look at hillary clinton, when she was a senator she was going to rebuild new york area it was

a big thing in the big ceremony, it never happened. upstate new york is a total disaster. jobs have left, we've lost 37 percent of manufacturing jobs. she was going to rebuild it and she came up with a plan and everybody talked about the plan and it was a total disaster so that's basically what were going to have here. jenna: why in william wilmington north carolina with more on what trump is up to today. john? reporter: good morning, big crowd at the coliseum of the university of north carolina in wilmington, hold to the seahawks, holds about 6000 people and it looks like it's going to be a sellout crowd as donald trump tries to put north carolina in the win column on november 8. this closer than a lot of other battleground states recently. the average has hillary clinton up by one half of one percent and the most recent poll actually shows donald trump in the lead by four points. no doubt he will talk a lot about his economic plan today

as he did in that speech in detroit. here's some of the nuts and bolts. when it comes to personal income taxes he would create three new rates, 12, 25 and 33 percent, that's different than he had originally proposed which was 10, 20 and 35 percent, cut corporate taxes from 35 percent to 16 and would eliminate the so-called death tax . as you pointed out a moment ago he has gone after hillary clinton for pursuing the same economic policies that have led two years of economic growth in the united states and earlier on fox and friends party at donald trump point-blank if his plan could 16 four percent economic growth. here's what trump said. >> when china goes up to seven percent and it's a national catastrophe, we're at onepercent and maybe going lower believe it or not but right now we are at one percent. i think four percent is easily attainable . >> donald trump also on the

defensive today against the letter that was signed by 50 national security experts, many of them republicans who say he quotes, lack character, values and experience to be president. some of the people who signed that our people that we know very well area michael hayden, former head of the nsa and tia, michael chertoff, tom ridge, john negroponte who was ambassador to the united nations and bob selleck and carl hill who are both us trade representatives donald trump campaign firing up a blistering response saying quote, talking about these 50, they are nothing more than the failed washington elite looking to hold onto their power and hold accountable for their actions. these insiders one with hillary clinton are the owners of the disastrous decision to invade iraq, allow americans to die in benghazi and they are the ones who allowed the rise of isis. many of the people in that group, members of course of the bush 43 administration and it's no secret , there's not a lot of love lost between trump and bush voters . jenna: a story we will

continue to watch. john, we will continue to watch moving forward as well. thank you very much. jon: more on donald trump's economic plan and hillary clinton's reaction, let's bring in a.b. stoddard, associate editor and real clear politics and colleen mckennan, correspondent of the wall street journal, welcome to both of you. colleen, was this the reset of donald trump's campaign that has been talked about a great deal at least until yesterday, maybe hasn't arrived? >> this is at least one day of the reset. we saw one day that donald trump was on message, he offered a peace offering to republicans and particularly house republicans by embracingtheir tax proposal . he embraced some traditional republican orthodoxy but also made appeals to working-class voters who are essential to his campaign though this is certainly what a lot of republicans have waited for. they wanted to see donald trump get back to issue, stay

on message and the question is whether it will hold, whether you can stay on message and yesterday you saw him greeted with some sense of relief by republicans but also a sense of wariness because they said we seen this play out before where he gives one speech, he uses a teleprompter then a few days later we are back off to the races on a tangent so the question is how long does this last? jon: 80, some of his followers like the ball in a china shop attitude of donald trump. did he win both with that speech? >> donald trump is like a bull in a chinashop style as well and he doesn't like to get off-topic , he thinks being presidential is boring and boring his death so if you look at what colleen is saying about the trajectory of the campaign, it's going up and down, back and forth. there isn't a lot of faith that he's going to stick to a discussion of policy and stay on attempt teleprompter but he did and it called nerves yesterday about publicans who

want him to talk policy and criticize and not to talk about himself and stay on message and it's not as though there are appealing aspects to his economic plan, i think this goes way beyond whose tax cuts are going to benefit whom had gone to the temperament of donald trump. any undecided voters are probably very excited to announce they do not like hillary clinton and she's hoping they are vulnerable to being swayed about his unfitness for office. i think people are with trump or against him and those plans are going to sway any more votes. it's a question of whether or not he can handle the response. jon: hillary clinton took a shot republicans donald trump plan after she was on the stove on florida but also took a shot at him in the process, listen to this quite announced two days ago that he's got a dozen economic advisers . let's see, he's got three wall street money managers, and oil baron, a former chief economist who wanted to see backs of the heart ofthe

financial crisis. he's got six men named steve . and you know, they all care about the same details, about how to avoid paying their fair share. jon: colleen, is that an effective rebuttal from someone who's earned a lot of money for her foundation and baby herself speaking to wall street banks? >> it was a good laugh line, guys named steve and it also had the benefit of being true. donald trump roll outhis list of economic policy advisers , variations of steve or stephen and so that is probably hillary clinton's most effective argument to say this is kind of a retread of trickle-down economics, this is simply going to help the wealthy, donald trump is trying to help his friends and family and she also continued to remind voters of the questions she's raising about his temperament as a be said and so she's continuing

to say this isn't just about as economic plan and yesterday's economic speech laid out against the backdrop of continuing defects and. we saw susan collins come out, a republican, and say she wouldn't vote for trump. you heard from john about the letter of national security officials in the republican administration coming out and raising questions about trump and so this is a full frontal attack on him and it's not just about his economic policy. jon: 80, both of these candidates are deeply unpopular and i guess what they're trying to do is log enough shells at the other to make the other less popular then i guess the eventual winner. >> that's right and i think what republicans told donald trump last week is that this is is a referendum on you and you have to make it about hillary. when donald trump is speaking in person talking about policy and staying out of the way, it can be focused back on hillary, on her emails and

her allies and as trump said last night her lying about her lying which is evident area this is something that discussion about donald trump flailing around and all this other stuff it has nothing to do with the real policy issues or record.it's an election, he'slikely to lose . jon: 80stoddard and colleen mccain nelson , thank you. jenna: from presidential politics to a local race getting national attention. house speaker paul ryan facing a primary challenge in wisconsin. his opponent shares his first name, paulnealon is an outspoken candidate who's been attacking ryan on several issues including immigration . more on what's going on from this, mike? reporter: this polling location is busy for a summertime primary and it would not be but for the fact that donald trump got involved. paul nealon as you mentioned is the challenger, an executive with a water filtration company. he falls to the right of paul ryan, called the speaker a

soulless globalist, grown in a petri dish in dc. he's shown at on his harley showing off his tattoos. but he got the most attention when donald trump initially refused to endorse speaker ryan then tweeted praise for kneeling. trump eventually reluctantly endorsed ryan but your expert say the dustup will not hurt paul ryan in southern wisconsin. >> southeast wisconsin where the paul ryan congressional district is did not go for trump, it voted for cruise. it was overwhelmingly for cruz, wisconsin was overwhelmingly for cruise. >> ryan campaign is taking the challenge seriously. everyone remembers what happened to eric cantor. he's been making campaign stops, we saw a couple manufacturing facilities yesterday. he's been working talk radio. we saw how influential conservative talk radio is in wisconsin during the course of the primary. nealon's people are excited, there's a couple volunteers

in front of this polling location with signs now. we talked it to a couple of them yesterday, their shirts rain with sweat having gone door-to-door in the early honesty. jenna? jenna: we should get results tonight, is that right? reporter: sure. everybody following this race and it's just one congressional district show it shouldn't take that long. jenna: we will be curious what happens. mike, thank you very much. mike tobin is in wisconsin. jon: there's a new push for justice after the benghazi terror attacks as the families of two victims file a federal lawsuit. their targets, then secretary of state hillary clinton. and 50 foreign policy and national security experts from donald trump's own party warned he will put our nation at risk if he wins the white house. as another common republican comes out against the nominee. our political panel weighs in on the impact these

developments could have with key voting blocs. we want to hear from you. donald trump had a campaign reset yesterday with a speech on the economy. does this signal a turnaround for his campaign is the topic of our live chat, go to foxnews.com/happeningnow and join the conversation. ♪ (ee-e-e-oh-mum-oh-weh) (hush my darling...) (don't fear my darling...) (the lion sleeps tonight.) (hush my darling...) man snoring (don't fear my darling...) (the lion sleeps tonight.) woman snoring take the roar out of snore.

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go long. on the parents of two men who

died in the benghazi terror attacks are suing hillary clinton. the parents of sean smith and tyrone woods are suing in federal court for wrongful death and defamation. in court papers they claim clinton's use of a private email server center did to the attack . also say they were lied to about the video being responsible. smith and woods are two of the four americans who died in benghazi along with ambassador chris evens and cia contractor even george. kristin fisherlive in washington with more on these . reporter: this lawsuit just does two things, first it blames hillary clinton for the black death of their children and accuses her of defaming them either directly

or indirectly, calling them liars. the attorney who filed this lawsuit yesterday made a case in a statement that we can park, how to use of private email server we now know was use to communicate with ambassador chris evens in confidential and classified government information and that you also now know it was likely hacked by hostile adversaries. it is clear hillary clinton allegedly negligently and recklessly gave up a classified location of the plaintiff's son. senior judicial analyst napolitanocalls it a logical argument but one that likely will not stand up in court . here's why. >> quite frankly i don't think either parts of this lawsuit are going to go. they're not going to get go anywhere during the election campaign. and they don't like to rule on cases like this because they view them as essentially political area. reporter: those parents have been very vocal on the campaign trail, patricia smith even spoke at the republican national convention.

>> i blame hillary clinton personallyfor the death of my son . that's personally. reporter: as for the clinton campaign they're not saying too much about this lawsuit but a spokesman did say this. quote, while no one can imagine the death of a family member, there have been nine different investigations into this attack and none found any evidence whatsoever of any wrongdoing on the part of hillary clinton so they are going to claim this is just more of the same, especially since the parents attorney has a long history of being critical of the clintons. john? jon: kristin fisher reporting live from washington, thanks. jenna: greg jarrett joins us for a little bit more on this lawsuit. it is attention grabbing. is there really a case here? >> know, let's take wrongful death for example. it really is unprovable.

first of all the plaintiffs would have to prove hillary clinton wrote an email giving the time, date, place of ambassador stevens and others. well, that doesn't even exist. second they'd have to prove her email server was hacked by somebody and the email was given to terrorists how in the world do you prove that? there's no evidence of that and you have to prove that that email was hacked and it does exist was the motivation, the cost of their attack. you have to prove causation and that is utterly unprovable because we don't even know essentially who most of the terrorists are. jenna: interesting. you need specifics for that part of the case. what about the defamation part of the lawsuit? >> that equally difficult. defamation is a false statement that damages somebody's reputation. hillary clinton says i never lied to them about it and other parents who were there and heard the conversation backed me up and in defamation. second of all, whatever explanation she gave for the cause of the benghazi attack was likely her opinion. opinion is detected receipt

in a defamation case and finally the plaintiff finds what else she implied they were lying, implying that somebody is lying, that doesn't cut it in a court of law. jenna: they are suing her as a presidential candidate that she is now but of course she was in office at the time. how did that figure into the case where someone that is being sued was a government official at the time that they have an issue with her? >> the wrongful death, all of those alleged actions took place while she was secretary of state so he has what's called qualified immunity. that essentially shields her from any civil liability in wrongful death cases for example unless she impinged on the constitutional federal constitutional rights of an individual here, there really is no argument so she, plaintiffs would have to jump this huge hurdle to get a qualified immunity, i expect they cannot.

jenna: the way you are explaining it to us it seems it's a steep hill to climb so what do you make of those that are bringing lawsuit not necessarily the parents but those have lost their son a lawyer who chose to push this case . >> where is claiming in freedom watch and judicial watch, who has brought a lot of lawsuits against governmentofficials and the clintons in the past . he has described oftentimes as a conservative, that's not essentially going to help the plaintiffs very much. and here's what's going to happen, at some point in time the defense will make a motion to dismiss and unless you can get over all these hurdles i've identified for defamation in wrongful death, that case is likely going to get dismissed federal judge. jenna: that may or may not happen and we will have to see what additional evidence we are not aware of it in the meantime an interesting

explanation, thank you for that. john? jon: murder trial 54 years in the making it's a way in louisiana. where felix vale stands accused of drowning his wife in 1962. we touch on this story yesterday. how local newspaper series bring this very cold case to trial. plus, more canceled flights after delta's computer system crashes. how the airline is trying to deal with the major backlog and what you should do when faced with delays and cancellations. we've got travel expert coming up. >> what the hell is going on is what i thought. this affects thousands of people. >> we've been taken off the plane twice and we've been given every excuse . when this busy family...

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airlines flights are canceled today after a power outage crash the airlines computers, stranding passengers all over the world. today's troubles come after about 1000 cancellations yesterday in some 3000 delayed flights.delta says the problem came from a power outage in atlanta which it is still investigating. meantime, the airline is issuing refunds for canceled flights as well as travel vouchers for some passengers. karen shaler is the founder of travel therapy, been schlepping is the founder of one-mile at a time so karen, what are you telling delta flyers to do today? >> if you are flying delta day today you can expect delays, as we seem even more flights are getting delays so hard part is my advice to you is limit yourself because the phone lines are overtaxed to get online and get on your app but unfortunately we are dealing they are still glitchy so if you can and you don't have to fly today i would definitely see about

postponing it several days, that could save you a lot of headaches but your best bet i hate saying this but it's a go to the airport if you are flying today and tried to fly one of these customer service agents to get information, you can rely on the website or the app right now, there are still too many problems. delta flies about 10,000 flight today, correct?and worldwide and 4000 of those were affected yesterday, at the airline was either shut down or really, really slow. >> it was absolutely terrible at airport yesterday. keep in mind this effect is going to continue today because planes are in the wrong place and basically a plane that was supposed to be in atlanta today might be in detroit were one of the other hubs so expect a delay to continue, last night delta reported that 800 flights today will still be affected, delayed or canceled and it could be a lot more than that so i think the effect will be ongoing, this is far from over the rough week we will continue to see these problems and on top of that like are now oversold and

booked out and in many cases there's nowhere they can book passengers on because all the flights are called to begin with. jon: what about other airlines? >> some theory you could rebook tons other other delta does not have an interline agreement with other airlines so what that means basically is because they are operational performances so good, they refused to have an agreement with other airlines where they will basically rebook you on them in the case of situations like this, unfortunately so your options are limited but you can be booked on their partner airline which includes schuylkill airlines and also a few other us airlines but the options are limited . >>. jon: it's my understanding that delta is waiving any change fees if you are scheduled to fly yesterday for instance or maybe today they are waiting anything she's even getting passengers $200 coupons for future travel?

>> that's right, delta has come out right away with this problem, offering vouchers and discounts and rescheduling but i think that's going to be a band-aid to the problem because they are investigating what happened but i think the bigger issue is how could something like this happen? how is it not going to have it again? i might have about her but who is to say this is not going to happen next week or in the future so it's a good pr move and i think delta is doing everything it can to now but we really have to look at thebigger issue so we are not talking about this again . >> is my understanding been that they stop flying unaccompanied minors area in august, these are the weeks when a lot of kids have gone off to camp in various places, they are trying to fly home alone without mom and dad and delta said sorry, no one comes companies minors, that's got to be a problem. >> exactly. it is a big problem in the same time that's probably the responsible decision to make given the situation , every so often we hear her stories of a kid stranded on layover two days all alone so it's really unfortunate situation

but given the circumstances that is probably the best option for delta to manage expectations. jon: should there be a backup system so that this kind of thing doesn't happen? >> there should be and this is the problem here is that basically there was a malfunctioning switchgear at delta and what really caused the problem is the backup system did not work as it was supposed do so this is why it's still relatively rare to see airlines have these problems because usually the backup system would kick in and the problem here is in this case the backup system did not taken. jon: is my understanding karen internationally if you are traveling delta internationally you maybe able to people, their partner airlines because they fly a lot of the same routes . >> that's my number one tip right now. if you can, don't fly delta. there's going to be more delays and this is a domino effect. we don't know what's going to happen tomorrow and they might be back online.

flights are overbooked so you might have been canceled yesterday. i would say go off of delta, go on one of their partners if you can at allpossible . you're going to be sacred you might have some delays and have to wait for a flight but that would be my best. jon: travel therapy is in order today, karen shaler from that organization, been schlepping , one of my lifetime, thank you both. jenna: you know what's better than travel therapy, retail therapy. jon: and that helps the economy, right? we win. jenna: just offering a solution. jon: well done. jenna: up next, a pokcmon go mystery. the victim playing the game right before he was shot and that leads investigators trying to find the latest lead for this case. live with that story plus, donald trump under fire from prominent members of his own party. what national foreign-policy experts are saying and how

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to make the baconator. . jon: new signs of trouble for republican unity as republican senators susan collins of maine writes an editorial in the washington post saying she will not vote

for donald trump. why? she said she says he did not reflect his doric republican values this comes as 50 of the nation's most senior national security officials signed a letter warning that if elected donald trump would put our country at risk saying he would be quote, the most reckless president in american history . donald trump reacted a short time ago. >> these were the people that have been there a long time, washington establishing people. they've been there for a long time. look at the terrible job they've done. i had planned on using any of these people, i haven't spoken to any of these people because i'd like to a new group, the old group was not doing a good job. take a look at the problems we have in the last people i want to use other people that have been doing it the last long period of time so we, you know, they don't feel relevant because of that and they form a group and go out and try to get some publicity for themselves and they hope nobody else other than trump wins because that way they can get a job. jon: joining us now, ian pryor, communications director for american crossroads and corey humans,

former communications advisor to president obama. corey, i'm going to start with you because donald trump has done as well as he has in large part because he is appealing to people who want a disruptor in chief. they don't like the way the system is going, they feel like the odds are stacked against them and they want somebody who's going to go to washington and blow it out. does his answer on this letter and on susan collins refusal to vote for him, does that you know, appeal to those people? >> it may appeal to those people but it doesn't appeal to a broader swath of the american people who donald trump should be trying to attract right now. and susan collins latest move, this is consistent with what we've seen with republicans over the past several weeks and even months and it crescendoed at the republican convention a few weeks ago. prominent republicans throughout the party decided not to come to the convention because they could not stand to be seen with donald trump.

what's interesting about this in the case of collins is that she was compelled to do this publicly just at the 50 people who came out yesterday , the national security advisers who came out yesterday. these folks compelled to come out publicly because they see donald trump as such a danger to the american people. recusing the country over their party and i think you will see more of this in the weeks ahead . jon: but again, as voters go to the boot are they going to be thinking wow, governor casey didn't show up at the republican convention and neither did any of the past presidents bush. >> it's extremely doubtful. i think if you look at the polls, over 60 percent of the people most likely think this

country is not headed in the right direction especially when we get to national security. what donald trump did was smart. he repositioned himself as the outsider. he didn't attack susan collins directly, didn't attack any of these national security experts directly what he did do was group them together as a washington establishment and he is the outsider running against dc insiders and that's smart for him to do. that's going to resonate with voters in ohio, voters in florida and people that are concerned this country is headed in the wrong direction and their a lot of them out there . jon: the right track wrong track numbers are 60 percent of americans think we are on the wrong track so they got a choice between hillary clinton who donald trump is trying to portray her as a third term of president obama so how do they vote? >> let's look at what's happening right now. you have mastiff actions happening on the republican side of the house. they are running away from donald trump at a time when you should be making a pivot, pulling more people in and winning coalitions while at the same time on the clinton side of the house with democrats, we are more united

as a party than ever before probably in our history. she's doing a very good job of being inclusive in her conversations with the american people. even when you look back to the conventions when donald trump was speaking, he was speaking to the people in the room, not people in the living rooms. hillary clinton was speaking to a broader swath of the american public and on susan collins, let's come back to this point. she had him on national security but also hit him on his temperament. the fact that he gone after goldstar families, gone after a reporter with disabilities. he has demonstrated time and again he does not have the temperament to be president of the united states and those are the things that have put him over the top both by governor casey andother republicans over the top as saying you know what? i can't be silent about this, i need to speak up . jon: but some of these missteps that corey was pointing to it that's why you want to characterize them,

they happened a long time ago and donald trump still on the republican nomination. >> exactly. let's talk about some of the things going on on the democratic side. hillary clinton once again gets on tv and lies about the email situation. what about what's going on with senator ron, a scientist was just executed in iran as a nuclear deal that is overwhelmingly disapproved by the american people was initiated by hillary clinton when she was secretary of state so if were going to talk about national security, talk about who's better to keep this country safe we need to look at what hillary clinton has done when she was secretary of state and the repercussions that are being felt across the middle east, europe and at some point will work their way to america and what we can all fear to be somethingthat we need to avoid . jon: for months to go, we will have you back another time to talk about how this develops.corey and ian, thank you. jenna: right now pokcmon murder mystery after a bay area man playing the game with a friend was shot and killed over the weekend. william following this story

from our los angeles bureau. reporter: it appears to be a random shooting, no suspect, no motive, no verbal dispute, no altercation. one minute calvin riley and a friend are minding their own business, the next he is dead , shot saturday night near persimmons work but no surveillance cameras so investigators hope someone saw something to identify the shooter. >> it happened between nine and 10:00 that night, we like tohave anybody who was down here that has a cell phone video, maybe taking selfie or putting something on facebook, contact the police . >> i know he was on the corner and when he saw the shooter run i think he only saw the shooters back. reporter: riley grew up in boston and graduated in the bay area. he went to stood up stockton college and played baseball where the 20-year-old kept them in stitches with his sense of humor and competitive spirit . >> his love for the game was

ridiculous. he was always talking about baseball, thinking about baseball. reporter: for those who play pokcmon, san francisco is a target rich environment with the city's many landmarks, even for the videogame characters.players get so involved with the game police say they are oblivious to their surroundings and potential criminals who want to steal their phone, their wallet, their purse although jenna, in this case there was nothing taken which makes this murder even more of a mystery . jenna: it's so sad. william,thank you. jon: more on a story we brought you yesterday. jury selection underway in the trial of a man accused of killing his wife nearly 54 years ago . you are speaking with a reporter whose in-depth look at felix vail put a new spotlight on this very cold case and what this murder trial could mean for other unsolved crimes. weird, but per. [flute]

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depending on jenna is that the pathology, the body and when they look at the body is going to be enough evidence to prove that yes, she was murder versus it being an accident which is what everyone else has claimed . jenna: how challenging is that? >> we have cold cases and thenwe have ice cold cases . this is a nice cold case for starters and when it comes to prosecuting ice cold cases, less is definitely not more and when it comes to the evidence in this case they have less today than they did before years ago and 54 years ago they said we can't prosecute because we don't have enough so that is our legal panel yesterday on this murder trial of felix vail who's accused of drowning his wife mary horton vail nearly 54 years ago. his her death ruled an accident until 2012 when the clarion ledger newspaper in mississippi ran a series of articles about mary's death and the disappearances of kirkland in 1973 and his second wife in 1984.

in 2013, there was indicted for second-degree murder and maryvale's death and today is a jury selection in his trial which is being referred to as the coldest case in the country. joining me right now is jerry mitchell, investigating reporter for the ledger who spend covering this case and whose researcher reported the series that got its attention once again so jerry, let's start there. why did you take another look at a case that was more than 50 yearsold . question mark . >> i was actually purged by one of the others that disappeared, and at vail who was married to felix vail and she began to tell me the story about what it meant for her daughter and these other women and i ended up writing a story about that, actually went with her and she decided to go to confront felix vail and he wasn't there but with went to his property anyway and try to get content. i want to confront him with

the women that had either died or disappeared and again, it was nowhere to be found and disappeared after i started questioning him and no one knew where he went. that was the second time i wrote the initial story. >> in your reporting as you look at this case, what raised red fly for you? reviewers who haven't heard anything about these cases, what stands out to you? >> the facts overall. that one wife drowned, another two disappeared certainly raise red flags. the other thing that raise red flags was first, his first wife basically, there was a stars found in her mouth, bruises on the back of her head and legs and the corner here essentially ruled it was homicide and in addition to that there were several people that are now

saying that mister vail has basically told them he killed his first wife, there were actually more evidence today than there was 64 years ago. jenna: interesting because that's the big question, the grand jury many years ago there's no reason to prosecute and now that's change. there's new evidence. have you ever been able to speak to felix vail directly? >> know although he's insistent on his innocence and claims he's a victim of this conspiracy. jenna: what you think after looking at this case? >> i certainly think it's worthy of bringing to a grand jury and the grand jury thought it wasworthy of indicting . the odds of a man having so many women either die or disappear would be pretty incredible. so considering he's the last person with these women as

well. >> it will be interesting to watch. jury selection underway, a case 50 years old, the coldest case potentially in the united states that may or may not be sold in square case and jerry, we appreciate the time, we know you're going to be watching closely. thank you. jon: what a story. a big city subway system under fire from regulators for putting service over safety. what the feds are demanding now from washington's metro system after a derailment they say could have been prevented . plus, mother nature spirit on full display as it grounds a massive oil rig. >> (announcer vo) or you can take a joyride. bye bye, errands, we sing out loud here. siriusxm. road happy.

(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.

jon: let's check out what's ahead on the "outnumbered" at the top of the hour, sandra and megan, what you have? >> parents of two children killed in the ungodly suing hillary clinton for wrongful death and defamation. how much will this hurt her campaign? plus team hillary sounding the alarm over donald trump's fundraising. as new polls show her struggling with two key voting blocs. howworried should she be? and 60 republican security officials slammed trump as a risk while the most senior gop senator yet says he won't vote for him either. will it matter if is running as the antiestablishment candidate .all that plus our hashtag one lucky guy, it's reunited and it feels so good. jon: do the record, will you? thanks. jenna: a battle between renewable energy and fossil fuels, intense winds blowing

an oil rig ashore in scotland. that rig being towed with the cable. teams are now trying to secure the sites, bringing 280 tons of diesel. no word on how much if any of it is leaking but quite a sight to see. jon: federal officials calling out one of the country's busiest mass transit systems, they see the dc metro in washington faces quote, systemic safety deficiencies and in a scathing report they accuse the agency of prioritizing service over safety. rich edson is live in arlington virginia with more on this, rich? >> good morning john and this report cites in one example the east church metro stop, it's all right now in northern virginia, just outside washington dc and says there was a traffic that federal officials and local officials should have known was problematic, instead metro kept it open because

they were doing work on so many other portions of track. the train derailed there on july 29. we call it the metro here and it's had major maintenance and safety issues, the federal transit administration is overseeing and authority and some operations on it, they just put on record saying that it needs to update its maintenance procedures, there are issues with this system, this vital transit system whether it comes through trade derailments, fires, safety concerns, even had to shut down the entire system for a day because of the safety issues so the fda's report that came out says it's track inspectors do not have enough training, they don't have enough time to even inspect the track and there's a failure to prioritize maintenance through some of the issues. metro has gotten back to us on this report and says prioritizing this, we are working on a number of these corrective actions and we will meet the fda's deadline for all recommendations. metro is in the middle of

what it's calling it's safe track initiative. essentially the system shutting downpours and summits metro to fix but again, this is three years of maintenance in one year so a lot going on with the system, back to you. jon: thanks and we will be back in just a moment. >> if you have medicare

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for a free quote today. liberty stands with you™. liberty mutual insurance. >> see you back here in an hour. >> "outnumbered" the starts right now. sandra: legal action that could have impact on the campaign trail. parents of two americans killed in the benghazi terror attacks. filing a wrongful death lawsuit pens hillary clinton, claiming that hillary clinton's care restness handling classified information contributed to their son's death. this is "outnumbered." i'm sandra smith. co-host of "after the bell" on fox business, melissa francis. also from fbn, dagen mcdowell is here. and radio talk show host, meghan mccain, today's #oneluckyguy, there he is, executive producer of imus in the morning, rn