wedding six decades ago. they say the secret is keeping it tightly sealed. washing it down with bubbly always helps. >> i like the bubbly part, it might take the bread take better. >> i adore fruitcake. >> now we know. "america's election headquarters" starts now. bill clinton responding moments ago to donald trump's call for the clinton foundation to shut down. hello, everyone, i'm shannon bream. this just hours after donald trump slammed the clinton foundation as, quote, the most corrupt enterprise in political history. republicans accuse clinton of giving foundation donors special treatment and access while she was secretary of state. trump spoke to "fox & friends" and released a statement. >> they should shut it down. they should give the money back

to a lot of countries that we shouldn't be taking money from, countries that influenced her totally and countries that discriminate against women and gays and everybody else. that money should be given back. they should not take that money. >> senior political correspondent mike emanuel with live in beverly hills. mike, how is the clinton campaign responding to these calls? >> reporter: shannon, as you mentioned, former president bill clinton responded a short time ago, saying that if his wife is elected preside elected president, he will still down from the board of the clinton foundation and will not raise money for it. it seems like it's all hands on deck, including the former president. earlier it was campaign president john podesta who talked about the unprecedented steps the charity will take if the secretary is elected. just yesterday, the clinton campaign manager defending the foundation. >> the foundation is in the

process of figuring out how to refocus, reshift. as i said earlier, the steps they've pledged to take as a philanthropic organization are unprecedented. the foundation doesn't want to become a distraction, they want to go as far as they possibly can to make sure there's no possible conflict of interest. >> reporter: a spokesman for the foundation told me this morning that if hillary clinton is elected president, the foundation will no longer accept foreign or corporate contributions, shannon. >> mike, by the way, what are you doing in beverly hills? it looks beautiful. >> reporter: well, hillary clinton is doing a fundraiser out here later today in beverly hills after a busy weekend of fundraising in new england, clinton will do a fundraiser at beverly hills at the home of magic johnson. her critics at the rnc says all this celebrity fundraising is

out of touch. >> welcome aboard hillary clinton's liberal elite tour. use caution when opening the overhead bin as hillary's baggage may have shifted during flight. >> reporter: clinton's supporters defend her fundraising at a time when many americans are enjoying the final days of summer. >> not us, because we want to make sure everybody knows what's going on in the world. mike out on the campaign trail, thank you. let's bring in sean spicer, chief strategist and communications director for the republican national committee, good to see you, sean. >> good to see you. >> we have so much to talk about. new allegations and revelations regarding e-mails, regarding potential connections between the state department and the clinton foundation while mrs. clinton was serving. i'm sure that you will delve into this and make sure folks d. first, we have 15,000 new e-mails we learned about today, e-mails that hillary clinton had said didn't exist. she told us we knew all the

e-mails that were relevant, that were turned over, that everything else had to do with yoga, recipes, and chelsea's wedding. it wasn't true then and it's not true today. we're finding utilize morthe qu between the obama administration and the clinton foundation. a bahrain official was told to channel his request through the foundation. that sounds like quid pro quo to me. >> we're learning more about this because of judicial watch which has been relentless about going after these e-mails and trying to find out more about clinton foundation, clinton private servers. the response from the clinton campaign, once again this right wing organization that has been going after the clintons since the 1990s is distorting facts to make utterly false attacks. no matter how this group tries to mischaracterize these documents, the fact remains

hillary clinton never took action as secretary of state because of donations to the clinton foundation. >> look, the pattern of them saying one thing and doing another and having a set of rule and everyone else has gone back 30 years. they've used the same line of response, that this is a right wing attack, yet every time there's been evidence that it happened, and textbooks tit waso said she exhibited gross negligence. the fact is that fbi is run by an appointee of barack obama. that's not a republican national committee appointee. the fact of the matter is, over and over we're seeing a pattern of them using the clinton foundation as a cash cow for them to get rich and influence acts of government. she's the insider's insider. if you want more of that, vote for hillary clinton. if you want an element of change, you want to shake things up, you want a government that's accountable to the people, donald trump offers that alternative. >> as for donald trump, we're going to work more closely with his campaign. tell us about that role. >> it's not that unique.

we've had an instance of this in 2012 with romney and before with mccain. as we head into the final stretch, more and more of the rnc team integrates with their team. we've had folks in the digital operation working hand in hand with their team. our finance team is fully integrated. i'll spend more time with members of my team up here integrating, talking about messaging. >> he got a lot of credit last week for having very disciplined policy speeches and he had a good week because of that. are you here to make sure he behaves? >> no. what i'm here to do is make sure that up and down the ticket, that we have a contrast and that he wins. what's made donald trump successful, what helped him in the primary, was the fact that he is authentic. he doesn't talk in politically correct terms. he channels the frustration and anger of the american people when it comes to a government

that's unresponsive and people being told that you should be satisfied with wages that are increasing and an economy that's stagnant. all we're here to do is make sure the entire team benefits. we maintain our majorities in the house and senate and that we take back the white house. >> there's word that trump may soften his tough stance on immigration. here is what his new campaign manager said over the weekend about whether trump's plans will include a deportation task force. >> as the weeks unfold, he will lay out the specifics of that plan that he would implement as president of the united states. >> will that plan include a deportation force, the kind that you just heard in that sound bite and that he talked about during the republican primaries? >> to be determined. >> this is all over the place, because we hear these rumors coming out of the friday meeting with the hispanic advisory council saying we may be softening this for people who are here illegally, then we have

the talk of a deportation task force which sounds pretty heavy handed. where is he? >> he's where he was before and where he is today. he called into fox this morning and reiterated that he's going to be firm, fair, and humane. he understands that families are here, have been here for a while, the impact it has on the economy. he wants to make sure we, one, are a nation of rules and laws but also that we understand that the complexity of having families in this situation and the impact the economy. as kellyanne put forward correctly, he's going to be addressing these issues, continuing to give us policy statements and fully address the impact, the plan that he has for maintaining and growing and fixing legal immigration in this country. >> normally you and i see each other in washington, it's good to see you in new york, sounds like you'll be here for quite a bit. president obama facing heavy fire over his handling of the devastating floods in louisiana.

rich edison is at the white house. why is it taking the white house so long to respond about his visit to louisiana? >> reporter: his second day back from vacation, tomorrow, president obama will visit flooding damage in louisiana. critics point out that senator barack obama was critical of then-president george w. bush for his response to going to visit the damage due to hurricane katrina. the white house is now responding to that. >> i can't speak to the comments that then-candidate obama may have made in 2008. what president obama has demonstrated as president of the united states is a commitment to focusing on results and focusing on the response and focusing on the competence and professionalism at fema. that has been his priority. >> reporter: the white house maintains the current fema response to the current flooding in louisiana is more effective than 2005 and hurricane katrina. on friday, the republican

presidential candidate donald trump and his running mate mike pence toured the damage there. republicans have been very critical of president obama's absence, also hillary clinton's absence from that area. the clinton campaign says that it didn't want to draw resources away from the recovery efforts there for a political event, shannon. >> all right, rich. now, what about reaction to this loss of the administration in court late last night into the morning, the news breaking out of texas? >> reporter: sure. and this is a decision by a federal judge in texas blocking the implementation of these new interpretations of rules by the obama administration. essentially of obama administration is saying schools should allow transgender students to choose any bathroom they identify with their gender identity as opposed to their gender birth. the judge found that the administration exceeded its authority by reinterpreting these rules and regulations and law. in his decision the judge writes, it cannot be disputed

that the plain meaning of the term sex as used in federal regulations meant the biological and anatomical differences between male and female students as determined at their birth, not talking about transgender students there, he's saying. the white house for comment referred us to the department of justice. the obama justice department says it's disappointed with the ruling and is reviewing its legal options. as you reported, shannon, there are a number of federal cases dealing with the transgender bathroom issue as it applies to school and generally. >> we'll debate it with our legal panel coming up. rich edison, live at the white house, thank you. candidates taking their battles to the airwaves. but hillary clinton is writing off two battleground states. our you can run an errand. (music playing) ♪ push it real good...

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entire neighborhoods being forced to evacuate as a wildfire quickly spreads in eastern washington state. it was reportedly started when a falling tree took out power lines. we're told multiple buildings have burned down. crews say changing winds are making it difficult to fight the fire but they've managed to stop its progression. the fire is among several that crews are battling across the state. the 2016 race heating up in some key battleground states. reports are that hillary clinton's team is reserving another $80 million in tv ads over the next few months, targeting states like florida, pennsylvania, new hampshire, iowa, nevada, ohio, north carolina, and parts of nebraska. but her campaign reportedly not spending ad money in virginia and colorado.

let's bring in chris stirewalt, fox news's digital editor, to talk about that and more. hello, chris. >> how are you doing? >> you tell me how the clinton campaign is doing. in virginia and colorado they have roughly nine, ten, 11-point spreads. is it too soon to call those states or should trump forget about them as well? >> the clinton campaign has such a massive cash advantage, when you get down to it, you have to reserve the time. if you had money, you could probably get in at the end if you were concerned about it. if you look at the states where the clintons are concerned versus the states where they're not, when we look at virginia and colorado, these states have increasingly large non-white voter populations and more affluent white voters, more voters with college degrees. that has not been the sweet spot for trump. but then you flip the other side, why is nevada so close? why is iowa so close?

why are these states that have been democratic for two cycles and have been very strong for barack obama, why are they open to trump? the answer is we flip the demographics, on the other side these are states that have the opposite democrat makeup among the electorate as virginia and colorado. the clinton campaign will have to spend some time and money in nevada where democrats were not expecting to. >> there are states that have been flipped and those who are registering as republicans, leaving the democratic party. a number of key states, we've got pennsylvania, florida, and we've got i think north carolina as well, where the roles there for democrats who are registered are shrinking and republicans say, look, they're coming to us, it's flipping. will it matter on election day? >> well, it all matters. we're all part of this great fabric, this republic of ours, shannon bream.

whether or not it's decisive, i don't know. the issue is, when you get right down to it, a lot of people who were republican general election voters who weren't registered republicans switched their party affiliation to vote in the primary, for trump, against trump, whatever, but in the largest turnout republican primary we ever had, a lot of general election republicans who vowed not to vote in the primary moved up and put their ballots in in the primaries too. over the next six to eight weeks, when the door closes on general election registrations, are republicans keeping this trend alive? right now it's good news to this point. the party is engaged and activated. will that trend continue and can donald trump get deputimocrats independents to switch over and feel the gop love. >> how many presidents have come from iowa? we've done some trivia on ohio. we also have a new poll.

this is a monmouth poll showing hillary clinton at 43%, trump at 39, johnson with 10%, jill stein less than 1%. 10% is a lot of percentage points for gary johnson. do third party people show up, should this be good news for the trump campaign that they're within striking distance especially if the undecideds and the gary johnsons don't turn out? >> the fact that jill stein is on the board with less than 1%, she's the alligator that's eating the 1%, you know it's bad. i think a lot of this is protest votes. there's something we talk about which is essentially the viability threshold. as you get close to the election right now, a lot of voters are dissatisfied -- voters have been dissatisfied with both major parties for a couple of generations, not surprisingly this year with two of the least popular major party nominees, you would see a lot of disaffection. the reality is, as we get down to the end, down to bailing the

hay, whether or not there's really 10% there for gary johnson or a lot of those people stay home and they're really just telling a pollster i would like to vote but i can't bring myself to do it. >> bailing hay, excellent exercise. i wouldn't know. >> pass. pass. unsubscribe. >> good to see you, chris, thank you very much. >> you bet. folks in the south facing a monumental task after deadly flooding in louisiana. a live report where residents are trying to pick up the pieces. plus a new bombshell in the hillary clinton e-mail scandal. why we could see a whole new batch of unreleased documents soon. i'm terrible at golf.

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a car plowed into a crowd at

an outdoor concert, injuring nine people including the driver, sunday at an event for izens near cleveland. police say the 74-year-old driver hit the gas instead of the brake. police are investigating and haven't filed any charges. turning to the devastation in louisiana. floodwaters are gradually receding but it is going to be a long road for those in cleanup mode. evacuations orders are being lifted for more communities in baton rouge. tomorrow president obama is set to visit the state. will carr is live just outside baton rouge. will, how is the recovery going where you are today? >> reporter: shannon, you summed it up perfectly when you said a long road. i want to give you a visual of what we're seeing from every home in this area. this is a wall of debris that the homeowner who lives here has been piling up forever the last 24 hours. three to four feet of floodwater came through here.

pretty much everything he owns took on some kind of water. you can see they have the kitchen sink here. i want to take you inside to show you exactly what they're dealing with. as they're bringing their possessions out, they're continuing to clean up. this homeowner is getting a lot of hope from a local company called set point. these are all volunteers in here, trying to help get everything out that was covered in water, mold, over the past week here. now, this is the biggest disaster the united states has seen since super storm sandy back in 2012. so far there have been 60,000 residents that were damaged. 110,000 people across the area have filed to try to get federal relief. we just spoke to one woman whose home was swamped for seven days. she's trying to stay positive. take a listen to what she had to say. >> i can't think of maybe a handful of my friends that are the not flooded. all the people that our children grew up together, we're all flooded. and we're all in this together.

and so we're just going to all take it a day at a time. >> reporter: and over the past ten days, 30,000 residents had to be rescued by water. this community really pulling together. and the woman we spoke with there says the only way that she's really getting through, shannon, she's trying to find one positive thing, just one positive thing every single day, a volunteer who comes by to offer food, and that's what gets her to the next day. >> that is resilience in the midst of all that. will, what can we expect from the president's visit tomorrow? >> reporter: he'll come and spend about three hours here, he'll come to a bunch of places here. the white house came out today and said you really should judge the federal ground game here as to how seriously they're taking it. it comes on the heels of donald trump here last week, hillary clinton put out a message saying she's come when the time is appropriate, and everybody

continuing to ask the country to donate to the red cross to help tens of thousands of families who have been displaced. >> heartwarming to see the volunteers, knowing they'll have to do that in thousands and thousands of homes across the area, i know they need help. will, thank you. >> reporter: absolutely. new, disturbing details on a deadly terror attack targeting a wedding in turkey. what officials are saying about the age of the bomber accused of killing as many as 50, maybe more, people. plus fresh fallout from hillary clinton's e-mail controversy. what former secretary of state colin powell has to say about clinton's claim he told her to set up a private account. >> i understand that, but the responsibility for enforcing the ethical guidelines included within the memorandum of understanding falls with attorneys at the state department.

a quick check of headlines, a federal health official says the u.s. may have to deal with the zika virus for two years as it could spread across gulf states like louisiana and texas. in chicago, four people are dead while at a vigil for another shooting victim. nicholas sar cozy says he will run again in next year's presidential election. he lost to current french

president françois hollande four years ago. this is a fox news alert. a state department briefing under way responding to questions about ties with the clinton foundation. this as we learn of another crack in the dam for hillary clinton. let's listen. >> evidence of the way the process works in that, you know, any secretary of state has aides who are getting e-mails or contacts via a broad range of individuals and organizations. >> so as far as you're concerned, what these e-mails, like the ones that just were released today, don't show anything new, this is old news, you guys have already looked into this and decided that there wasn't any problem? >> i mean, of course we're always assessing new e-mails as they come in. i'm sorry, go ahead. >> go ahead and finish. >> we always assess e-mails as

they come in. >> these are new e-mails. >> i understand that. >> you guys are confident or you know that these e-mails today have been looked at by people whose job it is to look at these things and decide whether or not there was a violation or appearance of -- >> that's my understanding, yes. >> and nothing in there? >> i stand by what i said. >> the inference that is left in judicial watch's statements on this, that meetings were granted to certain people who were donors to or partners with the clinton foundation, they leave the inference that people were getting meetings, were getting consideration at a minimum from meetings because they were big donors to the foundation. >> i mean, i guess i would just

once again emphasize that there wasn't a single channel for access to the secretary of state and secretary of state clinton. and for senior aides in the department at that time, to h e have -- sorry -- to have connections with the clinton foundation, which by the way was working on for example haiti relief, post-earthquake, a pretty significant role in that in fact, only speaks to the fact that these were important people who had reason to convey information to the secretary. there was nothing that we have seen that implied any kind of untoward relationship. >> my question goes really to

what's clear in the american political tradition, you pay x thousands of dollars and get to go to a reception with the president or a candidate for the presidency. and, you know, i've been at f d fundraise fundraisers, standing at the out of them, where there are different levels of money you cough up and that governs how much access you get, whether you get a photo with them or not and so on. so the question i want you to address is, judicial watch is leaving this inference there that you pay to the foundation and you get to see the secretary of state. can you say no, that's just not true, that's not how it works? >> what i would say is we have no clear sign that that was the case. we see no evidence that that was the case. james, go ahead. >> that's all right. in a related vein, i should say that in fairness to judicial

watch, i think their public relations people would be very displeased if the record were allowed to stand that they had left such things to inference. they make it rather explicit. >> i stand corrected. >> fox news has obtained and shared with your office 180 pages of call logs from the office of cheryl mills covering a two-year period when she was chief of staff to secretary clinton. the individual who left the greatest number of messages for ms. mills by an exponential order was laura graham, then the chief operating officer for the clinton foundation, close to 150 in a two-year time frame. as you know, this evidence arises at a time when many questions have been raised about whether the clinton state department and specifically ms. mills maintained an appropriate distance from the clinton foundation. can you tell us why ms. graham and ms. mills were in such close

and constant contact? >> well, a couple of things to say about this. first of all, just to step back and address what james is referring to, these are logs that were in effect spreadsheets, that were maintained by who was then an assistant to chief of staff cheryl mills to track, as you can imagine, this large volume of calls she receives on a large range of issues. and these documents were released through the foia process, i think back in april. so it's no surprise, the state department officials are in contact with a range of outside individuals and organizations, including nonprofits, ngos, and of course think tanks and others. that's certainly true with ms.

mills. i would also state that -- and again, i don't know if i'm inferring from your question, i wouldn't want to do that, but secretary clinton's ethics agreement at the time did not preclude other state department officials from engaging with or having contact with the clinton foundation. so you're right, there are these i guess approximately 150 messages. i can't readout of every one of those calls, how many of them were returned or connected. all i can say, and i would go back to, again, what i just explained to arshad, i would note that the state department at the time was and certainly cheryl mills individually was a coordinating hub for u.s. and

international efforts for relief efforts in the haiti earthquake. cheryl mills led those efforts throughout her tenure here. and former president clinton also played a role as the coordinator of relief efforts in his role as special u.n. envoy for haiti. so again, i don't want to speculate, but that could be the reason why there were these calls, simply coordinating on what was one of the premier or most significant foreign relations issues at the time. >> on one indication ms. graham left a message to ms. mills referencing, quote, our boss, unquote. did ms. graham and ms. mills have the same boss? >> i can't speculate as to who they meant. >> i didn't ask that.

i asked did they have the same boss. >> they did not have the same boss, i can say that. >> was appropriate separation maintained at all points? >> again, we have seen no evidence of behavior or relations with the clinton foundation that weren't completely above board, and in this case it's likely that what they were dealing with during many of these calls was the aftermath of the haiti earthqua earthquake. >> and finally, since we just touched on hassab ams. abedin, york post" have noted her presence on the mast head of a journal that published fairly vile things including u.s.'s responsibility for 9/11 including writings by her mother.

when she was cleared to work in the department of state, one of the two jobs she held down during her tenure here, was ms. abedin's association with this journal known to the secretary or anyone else in this building? >> i don't have an immediate answer for you on that. i haven't seen these reports, to be honest. what i would say is that we wouldn't normally talk about someone's clearance process except to say that having gone through the security clearance process and considering the level of clearance she would have needed for the job that she held, i can assure you that she was, like any individual would be, fully vetted. but i can't speak to these specific allegations. >> the presence of the state department employee or a prospective employee on the masthead of a journal that is published and disseminated could typically -- >> we want to bring in chief intelligence correspondent

catherine herridge, she's live in washington as we've been monitoring the state department briefing today. a lot of tough questions, a lot of hesitation from mark toner. >> reporter: that's right, shannon. three major takeaways. we've got these newly released e-mails from judicial watch that relate to clinton aide huma abedin. she has been the focus of a congressional investigation because she wore multiple hats department. a state department employee, also an employee for the clinton foundation, then also this clinton-aligned consulting group called taneo. the question is whether there was a conflict of interest. the second is about the clinton foundation and whether one could draw the conclusion that when the crown presence of bahrain gives a $32 million donation to the clinton foundation, this really paved the way for an in-person meeting with the secretary of state. mark toner said they did not see evidence of that being the case, although one has to wonder what

evidence they would need to reach that conclusion at the state department, because unfortunately one of the things we've seen in our ongoing reporting is that the state department has not been sort of a neutral arbiter of the facts always when it comes to the clinton e-mails and the foundation. they have really almost become her defender in chief in many respects. >> catherine herridge reporting live on what we're seeing out of the state department now. we are going to get reaction now with congressman jason chaffetz joining us in studio, chairman of the oversight committee. what do you make of these new regulations and the tough time toner is having in trying to answer these questions about unearthed e-mails we haven't seen before, e-mails suggesting that access to the secretary of state was through the clinton foundation? and by the way, allegations that she and the clinton foundation are denying. >> he can't define something because he's left in the dark. when this was start, hillary clinton created this system and its relationship with herself, something that the inspector

general found so problematic that he referred the matter to the fbi for criminal investigation. and so he's left not being able to definitively defend her or tell the american people that the state department assets, the assets of the united states of america, were not commingled with both the clinton foundation and who knows what else. >> okay. now, it's the issue of the fbi. you have authored a letter with congressman goodlatte of the judiciary committee, asking and pointing out, after fbi director james comey's statements, asking whether a perjury investigation will be an issue to address to the u.s. attorney in dc, where is that going to go? is it a witch hunt? >> it's pretty stung that the fbi director came before the members of the house and said that during their year-long investigation of the lies and what was going on with hillary clinton's e-mails, that they

never looked at hillary clinton's testimony under oath. i mean, that was pretty stunning. it's public record. you raise your right hand, you swear to tell the truth, the whole truth, and nothing but the truth, but the fbi didn't look at that? eviden evidently they needed a permission slip from congress, which we gave them. clearly what she said and what she did were two different things, and that's lying to congress. >> is there a timeline on that? >> sooner rather than later. the fbi gave us on tuesday, in a secret format, in the secret facility in the house, but chock-full of re-d dakdactiored. there are things so sensitive in there that i can't even look at them. at the same time, hillary clinton is still telling everybody that there were no e-mails that i sent, no e-mails

that i received that contained classified information. >> her camp keeps saying if the justice department is going to release it at all, they want it to go to everybody, including me, someone with no national security clearance. are you saying what they're producing is so redacted it wouldn't make sense to the average person? >> it is terribly irresponsible for hillary clinton to say things should be released. it puts people's lives in danger. she still doesn't get it. what we're asking the fbi to do is create an unclassified version and then release that to the public. that to me is available on the freedom of information act, let's go ahead and get that out there sooner rather than later. if it's true that the hillary clinton campaign and she personally wants that information out there, then let's do it responsibly, not the way she wants to do it which is just release everything. that puts people's lives in danger. >> some people question whether they really do want the full release, we'll see. i want to talk about some of these e-mails surfacing today,

from judicial watch's work. we've a very close confident of president clinton, connected to the clinton foundation, sending an e-mail to hum m huma abedin. she says she doesn't want to commit to anything. that continues on, then huma abedin responds and says, offering a meeting with hrc, let him know, we have reached out through official channels. apparently the story goes when they reached out to official channels they couldn't get to her, when they reached out through the clinton foundation channels they could get to her, and he made a sizable commitment or donation. >> this has happened by the millions of dollars. that begs the question, and i think it's a legitimate question. they've created this problem, the clintons this, by having this entity, and now with james rosen reporting through the good work of judicial watch and others, that here are 150

messages left by the clinton foundation to the chief of staff to secretary clinton. come on. it doesn't take but a third grader to add this up and say, wow, you give tens of millions of dollars to the foundation, and then you get the access that you want. i think that's a legitimate question that even the state department spokesperson when given the opportunity could not refute. >> he had a tough time of it. through her campaign, any official channels there are saying there is nothing there, no connection. >> then she should have a press conference. she's been 261 days without a press conference. this is what happens when you have a candidate that just hides and doesn't answer questions. that's what happens, you're left with more and more questions. she needs to have a press conference and let the media ask her. >> we would love to. we have a lot of questions. we would love to see that. chairman, good to see you, thanks for coming in today. as your kids are heading back to school, a federal judge is blocking the obama administration's transgender bathroom directive for schools.

>> if we're being honest, folks of trans experience have been using whatever bathroom they identify with using for a long time now.

a federal judge blocking president obama's actions to force students to choose the locker rooms or bathrooms that match their gender identity. the texas general celebrating the decision saying, quote, this president is attempting to rewrite the laws enacted by the elected representatives of the people and is threatening to take away federal funding from schools to force them to conform. that cannot be allowed to continue which is why we took

action to protect states and school districts. here now to talk about it, our legal eagles, fox news legal analyst eric guster, criminal defense attorney as well. great to see you both. there's no ruling on the merritt, but basically the judge says the administration skipped all the hurdles, at no time go through the process and can't jam it down on the schools. >> the administration, this is a big loss to them because they want to push the rule through, but the court has said, look, you went too fast, you went too far and you did not ask the states for their input. so what they have to do is go back and try to redo it, which i doubt will work, but we have to also consider that many of the school systems are doing something on their own. and it didn't give them a lot of time because this was written in may, which was not a lot of time through the summer to really make those accommodations. >> it was all about not going through with the note and comments sections of the epa, the administrative process. it was all about the process, not the substance.

as we know, law is about process and youthe -- circumvent the pr. back in texas if obama tried to go around the executive orders with the immigration act, he was saying we want to keep more than as of americans who are already here in this country illegally. the supreme court said, obamaed a m, you can't do, obama administration, you can't do that. this is the second time we're seeing this. >> there are other issues with the supreme court when they feel the executive branch is skipping congress to get things done. in the meantime, we have several different lawsuits, one with 51 families outside of suburban chicago where they are fighting back. there are parents of people getting involved, not just like here in the states suing, eric,

but how much do you think it will have private actions like the families in chicago? >> there will be a lot of private actions. oftentimes we as plaintiff lawyers follow that particular rulings, we know what the pleadings and the arguments were and follow the same path. it's the same path of least resistance where you know what was done and try to justify your case. >> right now people are fighting for temporary injunctions. the supreme court has granted one. because it's going to take a little while until we get to the ruling on the merritts. when we do, we'll talk to you about it. good to see you both. the olympics are over but the drama is not as we learn two major sponsors have dropped swimmer ryan lochte in the failout from his embellished robbery store. trace gallagher, i'll leave the ad jacktives to you. you have more. >> naturally the first question after closing ceremonies was ryan lochte and the

embellishment of his story. speedo says it cannot condone his behavior. and we learn that ralph lauren also announced it will no longer continue its relationship with ryan lochte. so he takes a bit of a financial hit. but overall, the americans ended on a high note with the u.s. men's basketball team winning its third straight gold medal. the u.s. women's basketball team won a six straight gold medal this weekend. all in all, americans won 121 medals, 46 gold led by michael phelps, katie ledecky and simone biles. we got a glimpse of the 2020 games featuring japan's most recognizable super game plumber super mario who makes his way through the earth in an oversized drain. and guess who pops up on stage?

japanese prime minister shinzo abe playing the part of super mario. those games, 2020, should be fairly amazing, shannon. >> thank you, trace. i'm shannon bream. this is "america's news headquarters." shepard smith is coming up.

perhaps it is time we acquire a larger dwelling. but the mortgage process has proven to be challenging.

not with rocket mortgage by quicken loans. i stand corrected. (whisper) rocket for once. see star trek beyond in theatres. it's 3:00 on the east coast. donald trump is planning to have a rally where he says he's not going back on deporting millions of immigrants despite what his campaign manager said. is this an appeal to the moderates to decide this we'll decide where donald trump stands. then isis marking children for death as human bombs. how the terrorists brain-washed the cubs of the caliphate and how to fight a group that turns kids into weapons of war. plus, your privacy online. the 98 details of your personal life that facebook already knows. like how much you