going on? >> i ride a camel at renaissance fair, dance at dominican day parade and cause trouble at martha's vineyard. kimberly will be a guest. harris: you will be on. >> now they tune in. harris: thanks a lot for watching, everybody. "happening now" starts now. for president stamping out fires on the road to the white house. we'll have that. >> hillary clinton's fbi foil landed on capitol hill and donald trump shakes up the campaign leadership once again. we are covering all of the news "happening now". tens of thousands of people forced from their homes as a massive wildfires rages. are firefighter any close tore -- close tore getting the inferno under control. and a rude alert for a pilot in the air force reserves. why his employer refused the

leave. ndecade's old mystery can be solved. two explosers talk about the nazi train and gold. will they dig up a buried treasure? it is all "happening now". >> both candidates in damage control mode less than three months from election day. i am jenna lee. >> and i am jon scott. hillary clinton's e-mail scandal is dogging her has republicans demand and receive notes. and donald trump makes reassignmentes and he awaits his first-classified intelligence update today. we have live fox team coverage. catherine herridge on mrs. clinton and the fbi and blake with the change tots trump campaign. >> reporter: after weeks of

poll numbers down, the moves were not as a shake-up, but a campaign expansion. the top three in the trump ranks. kelly, and paul manafort is the campaign chairman and the hire that is grabbing most attention is stephen bannon. he will step aside from conservative brietbart to be the trump campaign ceo. that might be trump dig nothing the anti- establishment roots for the remaining 83 days of the campaign. conway insisted it is a natural move to staff up for the last leg of the campaign. >> it is a busy home stretch to election day and we just need to beef up the senior level roles in the way that we are dividing

and conquering. >> on a conference call with reporters, hillary clinton's campaign manager singled out bannon and the briet bart website. donald trump decided to double down on his small and nasty instivenths and no matter how much establishment wants to get donald trump up, get him on a teleprompter get him on message. he has officially won the fight to let trump be trump. >> blake, thank you. the fbi providing the law makers with a summary of the interview of hillary clinton's use of a private e-mail server. the republicans said it provides proof of clinton's recklessness. catherine herridge is on the story. >> reporter: the fbi told the house government committee that nothing can be released publicly without consent from the bureau.

the highly classified notes from the fbi agents that interviewed clinton must be in a secure facility and that fact alone is raising questions. >> this information being highly classified according to the fbi is in direct conflict with what the state department and mrs. clinton said was on the server. you cannot have it both ways. one day it is not classified and next day only a few people can see it. >> the republican chairman of the house oversight security doesn't have high enough security clearance to read the documents in full. it is significant, i can't read the documents jason cha ffetz said. this shows how dangerous it was to keep these on a server that was vulnerable.

they were only provided to the house intelligence committee because they have the highest level of security clearance. this conflicts with clinton's statements from the beginning. >> i did not e-mail any classified materials to anyone on my e-mail. there is no classified material. and i am certainly well aware of the classification requirements and did not send classified material. >> parts of the fbi file are heavily redakted. at the request of the cia, the committee were given 110 classified top secret and they were sent and received my mrs. clinton and her team, jenna. >> so we'll bring in washington bureau chief for the new york post. and john crashhour politics editor for the national journal. we heard hillary clinton denying

that she had sent or received classified information. josh, we know from the the head of the fbi be that is not true. have americans digested or do they care or not. >> they have digested and they do care. the political challenge for clinton's opponents, can they introduce new information who change the people who support her and can they change their minds on that, and the reality is, the national polls including fox's poll shows that clinton is viewed as a very untrustworthy person. two-thirds of the americans view her untrustworthy but what trump needs to do and republicans need to do convince that one- third of voters before the number drops further. trump's numbers are poor as clintons at this point. >> they are just about tied.

look at the latest numbers. the question was do you think that hillary clinton and donald trump is honest and trustworthy or not? there you can see the numbers. 36 percent say hillary is. 36 percent for trump. and hillary clinton gets a slightly better rating, ever so slightly when it comes to 61 percent of the americans who do not think she is honest and trustworthy and donald trump's number at 62 percent. all right. so daniel, when looking at those numbers, they are essentially tied when it comes to honest and trustworthy numbers. but clinton seems to be ahead in the polls, why? >> josh is right in the sense of going after the opponents to win over people. and another way is to disqualify hillary clinton in the sense make her so unlikeable that no

one will want to go with her. that'ses why she's lead ing in the polls. they are finding hear more favorable than donald trump right now. and a norm of politics and the status quo. and that appears to be helping her at this moment. he needs to make it a change scomplekz make her unviable and so people don'ts inially choose him but undecided stay home from the polls and he would think it would benefit him. >> republicans complain that nothing sticks to the clintons and that americans have seen them on the public stage for years and digested everything that goes with with them, and they are willing to i guess take a gamble on it? >> things are sticking to the clintons. she has one of the worst favorability scores. the only problem for

republicans, trump is worse. but one silver lining for clinton after the convention, her numbers after going in a down slide ticked slightly upwars when you look at favorability and core characteristics and that should worry with trump and what they should focus on. make sure clinton's negatives are high leer. she's trended slightly up after the democratic convention. >> what does that mean, if the idea is to make the other one less liked than they already are? >> i think hillary clinton did a good job of making the campaign about donald trump. and the trump camp pain is having trouble returning the fire. and the ads on the trump campaign will start this friday. but the narrative making the other person the subject of the campaign seems to benefit the other person and helps that

hillary clinton that the campaign is about trump. and it would help trump if itis it about hillary clinton and the problems with the fbi and clinton foundation. they need to return the fire and not make mistakes and try to turn the numbers around. we are obviously running out of time here. >> both candidates doesn't appear they will turn around the honest and trustworthiness numbers. >> this is one thing the trump campaign will do spend monothe battleground states. >> they will do that. >> we are already in the middle of august and the olympics are behind us. and that is a big missed opportunity. they had a chance to define clinton more negatively in the prime time of the presidential campaign and they have only just begun to spend monotv ads. >> they could have done that earlier. >> talking about the trump campaign and there are a couple

of new people coming on board. daniel, what do you make of it? >> on the one hand, the recognition that the numbers are low. and the trump campaign is not doing so well. and there are some problems and a bit of a hail mary. kelli and stephens. kelli has been inter gal and so it is a bit of a risk but trump needs a risk. hopefully it pays off and can cut both ways. and it is up there. that is the size of his rallies and the size of the enthusiasm. and we use rallies as a gauge of

presidential strength. >> it is important to have rallies and campaigns are bigger than that. and it is a shake-up in campaign leadership. is steve pannon's role. he is a long- time antagonist between speaker mcconnell and ryan. they need to have republicans supportive of the campaign and clearly ryan and mcconnell can't be be too happy with bannon in the inner circle and how does the relationship between the anti- establishment trump and republican establishment in washington, how does that shake out in a number of of weeks. >> 82 days to go 83 if you include the voting day. it is fascinating to watch. >> thank you very much. >> and hillary clinton and donald trump may be on top of the national polls, but libertarian nominee gary johnson

is fighting to get a place on the debate. i spoke with the former governor of new mexico in the first hour of "happening now". he is polling less than ten percent and needs 15 percent for a place on the stage. >> we are giving ourselves a betterrcent chance to get to 15 percent. the number having doubled really in the last six weeks and the five polls that the presidential debate commission said they are going to it use right now are consensous, is right around ten. >> governor johnson's running mate is former massachusetts governor william wells. we'll interview edwin mcmullen on "happening now" tomorrow. >> and thousands more people rescued in louisiana as that state grapples with historic and deadly flooding. why it is far from over.

plus, a raging wildfires threatenses tens of thousands of homes out west. why it is so difficult to contain. >> the fire when it first got started was dangerous. it was a wind driven fire that started in the canyon and once it established itself and the winds took it over the edge. it exploded in different directions. reat rates. it's a fact. kind of like grandkids equals free tech support. oh, look at you, so great to see you! none of this works. come on in.

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major highways and strong winds hamper the effort to get the fire under control. flames were twist nothing a fire of- nato. here is the report from fox affiliate kttv in california. >> reporter: hi, jon, devastating for so many people. number of displaced residents at 82000. take a look. this home gutted by the flames here. this is damage off highway 138, and hessroad in the valley just 60 miles east of l.a. there was a press conference with new information on the fire and the efforts to contain it. i wish i had better news, at this point we are at 0- percent containment. 30000 acres have burned near the san bernardino mountains and 35000 homes affected.

the fire sparked yesterday morning and quickly spread due to the high winds and humidity. today, we expect the number of firefighters to double 21300 crews and the amount of manpower to put it out is growing, and all while the area is expected to see 100 degrees weather and wind gusts up to 25 miles per hour. those are conditions that the fire department in san bernardino county doesn't want to deal with. this is not related to at this time wildfires burning up in the bay area where they've determined that a man who is supposed to be arraigned today sparked those fires. that is not relited. this is the blue cut fire 60 miles east of the los angeles area. a look at the damage devastating for so many people. 82000. more than 82000 resident

displaced. that is the latest with with the numbers on the blue cut fire. we are reporting live in the west cajon valley. >> mario, do they have any idea what started this one? >> reporter: they don't. last i heard from fire officials, they are investigating, but a lot of people have questions because several dozen homes were destroyed and when you look at the bay area fire and the the person who sparked those fires, a lot of questions are being raised about what we are seeing out here. >> still early in the investigation period. thank you. u.s. swimmer was abducted and where loche is right now. and what will come of president obama's signature achievement.

and the affordable care act after an insurance bails on many states. constipated?

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right now, a big story and questions about the state of the affordable care act. aetna is pulling out of 11 of the 15 states where it sells individual shorns the exchanges. this headline caught our

decision. aetna exposes ac a- ills. the decision to stop offering much. coverage through the affordable care act is exposing a problem in president obama's signature health care law and that could lead to another fight in congress. one of those is ohio. we are joined by hogan gidley. it is nice to have you both. not just for congress, but also for the campaign season as well. capri, how big of a question it this when aetna moves out and what does it mean for the law overall. ? >> we have yet to approach the fourth open enrollment. the common wealth fund that are respected in this space. this is a huge reason for alarm.

caser and participate nothing the individual market and we need to understand one thing here. when you are dealing with health care insurance, it is extraordinary complex. these individuals who are new utalizer of the health care insurance marketplace are going to be sicker and hyper uthighser. they will be more expensive when they come in to the system. now, i believe this is something that is going to be a spike and course correct. you get individuals who never had health insurance and in welness. and make them less expensive to the system. we need to wait and see and in addition to that get more healthy people in the system. >> that will be interesting, hogan, if enough healthy people to get in for the insurance companies to not pull out of

markets. if you look at open enrollment period it starts on november 1st. and we have voting day on november 8th. will this impact who they decide to vote for if they don't like what they see. >> the prem yups are too high and i don't think they will flock to the insurance plan. we are about to have a massive debate over the policy and politics of obama care. president obama signature plan that is sold on a lie. we were promised to keep our health care provider and that was a lie. we would not see an increase in premiums and that was a lie and promiseed to see the doctors. >> i need to address those things. sdmshgs on the political debate who wins? republicans are going to say repeal and replace. but what do they replace it with. >> that's what donald trump is saying.

scholars say, you will not replace this. and repeal it at this point. but there are ways to improve it. what is the answer from republicans to it that? >> it is give the money back to the state. it is not a one size fits all issue. what affects in south carolina is different than south dakota. democrats say make it bigger. that is 30 percent research saw health expenditures are fraud, waste and abuse. and now if washington takes over it is done. >> hillary clinton has said she wants to modify the law and expand the coverage. as hogan wants to add a public insurance option as well. is expanding the right answer to put out in the election season? >> i wish we would not talk about politics in this debate.

one blog. it is regulated by the irs and cns depending on on the plan. but in the end of the day, it is regulatory construct and health benefits built in the health insurance plans. >> it is complicated. take a step back with. we are looking at how it plays out politically because it matters and so for hillary clinton to say she is expanding it. is that a winning argument and is that a solution? >> when you talk about how do you expand it. and when she talks about buying in to the medicare for those age eligible for medicaid. 55- 65 years old. that is doable. individuals can have the option to buy in to the program. and so they are probably not as healthy and you shift them on

that system. and that is a possible one piece. there is not a one size fits all. it is a long- term issue. >> republicans have promiseed to repeal it. and it hasn't happened in congress. how does this become a winning argument for republicans, one they can pursue? >> it is a difficult one, and politics is difficult and policies are more difficult. and the problem is, really, you can't, you have to incent vise and give power to the consumer to shop for health care like anything else. if you went to the grocery store and all you did was take $20 and load up your cart. someone else would pay for that. people are angry they pay for your bad choices on a budget and prices of the grocery store, you have to choose what is best for your family. that's why we are seeing obama care implode. >> it is an interesting debate.

we appreciate both of your perspectives, thank you very much. >> god bless. >> and a fox news alert. we'll see both presidential candidates spending a lot of time in how ohio. hillary clinton is in john marshal high school and holding a tax fairness event and talking about donald trump's claims that america doesn't win anymore. >> that's why i laid out specific plans to get the economy workingeveryone. i think it is important when someone comes to you and ask for your support and running for president that maybe they tell you what they want to do so that you can decide who to vote for. [applause] and sometimes, you know, i get critized for doing that. oh, there she goes.

she has another plan. well, i do. i have an infrastructure plan to create jobs and fixing our roads and tunnels and airports and water system and solar system. and as part of that plan, i want to start a natural intrastructure bank so we have public and private funds working together and so we don't just wait on congress to act but we are rebuilding and maintaining all of the time. it is not just what we can see as important as that is. we need a new modern electric grid to distribute renewable energy across america. and we need to finally finish the job of connecting every home and business, everywhere in america from inner cities to remote rural areas to high speed

broad band access so they can be part of the 21st century digital economy. you know, i was talking to a group of my friends who are teachers. i love teachers, thank you all for being here with me, and they were telling me there is a national survey done, and the teachers were asked. do you ever assign home work that it requires your students to go on the internet. 70 percent yes, they did. that makes perfect sense if you saw what i saw. you got to have knowledge of the internet. you've got to be able to learn to use it. it can spark your imagination. create new dreams. i met young people. i said what got you interested in computer design and three d design and robots? they were interested in the arts and what they could do to it

design and make things. so the answer was 70 percent of the teachers and here's the problem. 5 million students and 5 million homes with students in them in america do not have access to the internet. and so we're already creating a big gap, a home work gap that turns into a an achievement gap and doesn't give every kid a chance to go as far as his hard work and talent will take them. and so when i talk about infrastructure, i am talking about making our economy more competitive and creating more opportunities for more americans willing to work for it. i believe in the basic bargain. if you are willing to work, you ought to be able to get ahead and stay ahead. that's what i was raised on. and that's what i want americans to believe in again. you know, this past monday i was

in scranton, pennsylvania with joe biden. [applause]. joe was born in scranton. my grandfathers and my father was born in scranton and i went back to scranton every summer, lots of christmas holidays. my grandfather was an immigrant and came as a young child and worked in the scranton lace factory making lace. you heard the story this week when hillary clinton was speak nothing scranton, pennsylvania and we took part of her speech there. if you would like to it watch hillary clinton speak in ohio where the real clear politics has her up. you can do so at foxnews.com. we'll watch donald trump's moves in that state as well. >> nearly three dozen states

have some form of voter identification laws that require id in the polls. some of those laws are facing challenges and rulings from the supreme court. james rosen is live in dc with more on that, james? >> the supreme court received an emergency request from the state of north carolina to brock an appeals court ruling striking down the tar hills id voter law. chief justice roberts gave them until 4:00 p.m. on august 25th to respond. it is a long shot, but the roberts court down to eight members with the death of anton sca lia. >> the supreme court upheld voter id's law.

no question of constitutional. some are questioned of how they are implemented. but voter id laws are in 38 some-odd states and cent percent of the americans including minorities support them. >> texas filed an appeal to the supreme court following a similar ruling deeming the lone star voter id law unconstitutional. and the emphasis was to cut down on voter fraud. voters contend it should be treated with the same reverence as boarding airplanes and buying cigarettes and individuals need to offer proof of residency. >> the courts are essentially saying they are illegal and impermissable and the affect these laws have on americans, they are suppressing the right to vote and because states have

not shown there is a compelling state reason to have them on the books, they are being struck down. >> wisconsin saw a recent defeat for voter id laws with a federal judge there striking down such a measure, jon. >> interesting, james rosen in washington. >> new information on a treasure hunt that has the makings of a hollywood blockbuster. expoliceures in south polland is digging for a nazi train that is loaded with gold since world war ii. two researchers located it using radar equipment. legend goes that the train disappeared in a mountain tunnel as the germans fled advancing troops more than 70 years ago. we have the co-author of nazi gold. a world war ii historian and

investigative journalist. ian, it is great to have you on the program. digging is happening in polland. do you believe they will find anything? >> no, i don't, jenna. >> just simple. why don't you? >> well, i have been following the story since it happened last year, i mean, essentially, it was a the train had gone to a place. and it is it in germany world war ii. that town was surrounded by the russians in february of 1945. it was raptured by russians on may 6th. 1945. the argument is that the train left and proceeded to go 43 miles southwest of that city to a place that was called breslean

in those days. the fact is, it is so unlikely that a train could have gone through. and the way it goes, the nazis had tunnels in the mountains and hidden in the tunnel that is buried for years and years. in place of all of our imaginations of what treasures to be out there. what else can you tell us about the treasure be that the nazis took and is there treasures to be found? >> i think there is treasure out there to be found but not on the same scale as. this this would be minor occasions where they would have trivial things. all of the big stuff is gone. gold is heavy and it takes a lot of people to process and lift and sell it. going back to the train, just imagine not on the train and supposedly carrying 300 tons of gol and now down to seven tons.

this would involve so many people and all of them would have been killed or shots. and that is a reality point of view. >> i apologize for interrupting and there is no official documents about this and top secret operations by the nazis. and quickly ian. what is the most fascinating thing you have learned in your years of study of nazi gold that you can share with your viewers. and it is amazing how over on the years, there have been so many discoveries of this nature and guess what, where are they normally found? they are in a lake, mountain and tunnel in an underground cabin a sunken uboat and who are the people who report these things.

usually an officer from the german officer or ss and a civilian who witnessed the hiding of treasure in the dead of night. usually it is deathbed confessions. and of course, these people evidently forgot to mention it to anybody in the last 70 years or 60 or cent years and of course, then you get hand written maps and x marks the start. it is fascinating and great and wonderful and enjoyable. >> it is a fascinating story and your research is fascinating as well. we look forward to having you back ian, in case they find anything and it is news "happening now" and we appreciate your perspective. >> nice if it is true. feds are taking up the case of a u.s. air force reservist

denied part of the sick leave pay because he was serving overseas. will having the justice department upon help him prevail in a lawsuit? and a live look at the dow. it is up ten points at the moment. ...clear for take off. see ya! when you're living with diabetes. steady is exciting. oh this is living baby! only glucerna has carbsteady, to help minimize blood sugar spikes. and try new glucerna hunger smart to help you feel full.

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right now, the u.s. justice department is filing suit against united airlines on behalf of a pilot who is also a u.s. air force reservist. the lieutenant claims that united owes him ten hours of accrued sick leave from the time he was called up from active duty and served overseas. the justice department said united violated usera.

that is the rights act by denying him employment benefits for similar types of leave. and united failed to credit fandrei for the sick leave. and that is the legal panel. jay town is an alabama state prosecutor and former marine manager or judge and general. welcome to both of you. >> thank you, jon. >> wendy, to you first. the air force reservist went over seas and served three months on reserve, and came back and found out he would not be credited with sick leave that united airlines should have begin him. and here's the rub. apparently the pilot's contract

with united specified he doesn't get sick leave for those times. how can he argue or how can the justice department argue that he's supposed to get it? >> well, jon, you bring up good points. it is thorough. there was a merger between the airlines between the time he signed the contract and the lawsuit filed. but what distinguishes the case from others. it is equity. dollars and cents. was it right to deny him and portion. sick leave. unlike huge verdicts, he's looking for ten hours of sick leave. it sets a precedent and sends a message that we don't penalize people from being called and serving the country overseas and technically if the contract wouldn't provide for it. >> jay, would the airline be

better off to settle and pay him ten days or credit him ten days of sick leave? >> of course, they would have. i agree with with wendy. this is the long dirt road of the legal profession. lawyers and unite the airlines was betting that he would not take the nominal claim this far. who ever is giving united legal advise should take two weeks and quit. hats off to the justice department. it is ten hours of sick leave and half day's pay. they spent that on lawyers in united. and they shouldn't need a to convince them to do the right thing. they shouldn't need a lawsuit or bad press. they should have done it in the first place. >> we reached out to united airlines. it was continental at the time

he was hired by the airline and we reached out to them and they have not gotten upon back to us with a statement. and that is so many have heard about reservists getting discriminated against. their employees are wearing a uniform oversees. >> that's right, john. and i hope we're going to start seeing less of it. i believe that's going to be the case precisely because of lawsuits like this. as jay points out, it's a half day's work but it's so significant when it comes to other servicemembers working in professions and are called to service. when national security is in the front and center in the hearts and minds of many americans, the last thing we want to do is make it inconvenient for people to go and serve our country and

bravely defend our nation. even though technically before the merger they would have had a case, it only is best to settle. >> thank you. >> thank you both. >> thanks for having me, john. then quickly fell back to earth landing on the roof of a dutch colonial. luckily geico recently helped the residents with homeowners insurance. they were able to get the roof repaired like new. they later sold the cow because they had all become lactose intolerant. call geico and see how much you could save on homeowners insurance.

hello, everybody. i eek martha maccallum. donald trump is about to get his first classified briefing. we'll see if he does that. plus, what was in the fbi reports given to congress on hillary clinton and her e-mail server. we'll talk with him and he'll tell us what he saw. and what voters in colorado, iowa, and virginia are thinking

about the polls. we'll see you at the top of the hour. ryan lochte is back in the united states after brazilian judge ordered the seizure of his passport, this as officials in rio investigate claims that lochte and teammates were robbed at gunpoint. there are some questions as to what really happened here, jared. what's the story? >> what an interesting story. we always say the coverup is worse than the crime. what if the coverup is worse than the crime and no crime took place. brazilian authorities are wondering whether or not they were actually robbed as they claimed early sunday morning at gunpoint. initially lochte told nbc the "today" show on sunday that there were several men who played a part in this role acting as police but authorities in bra dill say lochte claimed there was only one man. so you ask who has more to lose

here. why would swimmers create a story that says they were robbed if there was nothing to gain from it or would you believe the brazilian authorities who have been playing defense from the beginning of the olympics. but then you also have to wonder is it possible that the american swimmers, as ryan lochte said, they did not initially tell the u.s. olympic committee. they were afraid they would get in trouble. maybe they figured this was a little white lie they could tell and it wouldn't amount to much. the authorities are saying, hey, you're not throwing us under the bus. >> unfortunately for the brazilians lochte is back in the united states. no passport was taken but we'll see where this story goes from here. thank you very much. enjoyed listening to you. we'll be right back with more happening now.

port, right? >> not lately but i haven't been out past my curfew. >> thank you for joining us. >> "american headquarters" starts now. today donald trump is going to receive his fivtd intelligence briefing in less than an hour from now. this as the campaign undergoes a big shakeup at the top. hello, everybody. good afternoon you do. i'm martha maccallum. donald trump here in new york where he gets his first intelligence briefing in about an hour. this is something that's done for the nominees in both parties. hillary clinton right now wrapping up a speech in ohio. she's talking about taxes and her new plan. here's a new gop poll showing hillary clinton leading by 11 points, 47-36 in a three-way contest in