martha: thank you for being here. did you have a good weekend? bill: see you guys, have a great weekend. jenna: hillary clinton and donald trump taking each other on using some of the strongest language of this campaign so far, that's saying a lot. as we wait to see 15,000 new clinton emails uncovered at the state department. the question here, are they new smart are the duplicates? they haven't seen them. welcome to "happening now". we're off to a great day so far, i'm jenna lee. greg: i'm greg jarrett in for jon scott. a judge ordering emails to be released in september while donald trump took

considerable heat from all sides for changing positions on his signature issue of immigration and that in a fiery speech yesterday. clinton accusing trump of promoting racist lies and he then fired back by calling yet again they get today mister trump is back on the campaign trail, reaching out to latino voters in the battleground state of nevada. jenna: peter ducey has more life from trump tower in new york city. reporter: someone at the trump campaign has been spending time with the hillary clinton video archives because he's sporting a new instagram adequate life and it features a 20-year-old of hillary clinton referring to some african-american teenagers as super predators. trump has been fighting these charges that he's a racist, calling clinton a bigot and he's also expanding on social media, tweeting that quote, crooked hillary will never be able to solve the problems of

poverty, education and safety within the african-american and hispanic communities. remarks of her own and made released a separate ad yesterday where she accuses mister trump of catering to klansmen. >> the reason a lot of clan members like donald trump is because a lot of what he believes, we believe in. reporter: the trump campaign manager tells us donald trump is talking about issues, hillary clinton is talking about donald trump. and trump even think that hillary clinton's criticism is especially original. >> the oldest play in the democratic playbook, when democratic policies fail, they are left with only this one tired argument. you are racist, you are racist. they keep saying it.you are racist.

reporter: donald trump talking more about his immigration policy. earlier in the week he said his positions may have been softening toward illegal immigrants without long rap sheets. now he's saying he thinks his position is actually heartening. >> there is no path to legalization. people leave the country, when they come back in, if they come back in and they can start paying taxes area there is no path to legalization unless they leave the company country and combat. reporter: now trump is spending time in a swing state out west, nevada. he will stop in iowa tomorrow on his way back here to trump tower. cannot clinton mark. jenna: a judge ordering the state department to start releasing 15,000 new hillary clinton emails in two weeks. that's about a month earlier than they had planned, saying they needed time to sift through the stack. the former secretary insisted there's nothing new to see. >> are you certain there are no emails or foundation ties

to foreign entities that will be revealed that could perhaps permanently impact your presidential prospects? >> i am sure and i am sure because i have a very strong foundation of understanding about the foundation. as we have said before, neither my husband, my daughter nor i have ever taken a penny of the salary from the foundation area my work as secretary of state was not influenced by any outside forces. i made policy decisions based on what i thought was right to keep americans safe. reporter: meanwhile usa today pointing out conflicts between the clinton administration in the foundation in its headline, clinton in murky territory on a charity. joining us to talk more about this, glenn hall, editor for the wall street journal. it is unprecedented territory. his foundation was set up to raise winton money for the clinton presidential library

and it's grown to this entity that has more than $170 million how unprecedented is this really, glenn? >> it's the first time the spouse of a former president is the nominee for a major party to become the president so that sets it right off area beyond that, the size of this foundation is huge. there's a lot of interwoven, interconnected beings between bill clinton, hillary clinton and even if she were to walk away as she has done and bill clinton walked away as he has said she would do in chelsea clinton says she will remain, those ties are still close p7 she may not have taken a cell salary but there are those that day to the foundation that been hired bill clinton for example to give a big speech he earned a lot of money to do that. how difficult would it be to spin off the foundation or put it in a place if possible where there would be complete separation? >> i think there's a lot of challenges, it's

unprecedented in a lot of ways. foundation bears the clinton name and it is built upon bill clinton's legacy is the former president so being able to walk all the way back is very difficult because the donations and support the foundation receives, and it does a lot of good work out there, it's not billable a also built on the names behind it. jenna: here you have a spouse running for president and if you look at other foundations like the carter foundation, you don't have that issue. you don't have a spouse running for president so we will wait and see what happens with hillary clinton. in the meantime what's great about the usa today article is it looks at donald trump and says there's a personal brand here and business here that could present challenges for donald trump. what would they be? >> even through the campaign you see that trump name is the name of the candidate and the name of the business so there's naturally a spillover that you can't be avoided but at the same time we've seen him doing his presidents at trump facilities, he's got his campaign paying rent to

the trump tower. all those things are interwoven so this concern that down the road that being president so could somehow benefit the trump organization and see he has said he would leave it to his children who are close to him so that distance may not be as straight as somewhat expect, there's no way to put that in a blind trust. jenna: what would a blind trust look like for either candidate if they became president? >> the best example would be michael bloomberg when he became mayor of new york city and he had other people is bloomberg 's nest that still had his name on it and still have the opportunity to call and make informed decisions but he was not running the day-to-day operation. donald trump says he would do the same thing, hand over the day-to-day operations to his children and the question is is that different from having an independent ceo versus a ceo who is your daughter or son? jenna: there's also a lot of noise out there when it comes to the campaign trail and there's actually some facts that have come out this week

about the economy. the wall street journal has covered that and about where we are as far as our economic designation. what have we learned, how do you think that's going to affect the results? >> there's no question the economy plays into this election. if things are going well, then it plays into the theory that you should continue the policies in place and that supports hillary clinton. if you believe it's not going very well, that supports the radical change donald trump is promising and what i think is you have something in the middle is the truth and where it comes out to the most prominent is in that middle class and lower middle class where you see the disconnect between people who are not feeling the recovery in the economy as much as others and they are feeling like they've been left behind. jenna: and where they are going to fall. we do have economic news that will come out today, the economic reading on the economy and growth at just over one percent but janet

yellen as well making comments about what they had for the country . >> at jackson hall say she feels like the support rate rise is stronger than it used to be but she also cautioned that there's only sufficient growth, not great growth so the timing is in question and a lot is going to ride on next friday's job report when we see how well job creation is going at this point. jenna: appreciate it, greg? greg: right now an urgent effort to evacuate us over of damascus area ambulances and trucks lined up outside a blockaded city ready to whisk away rebels and civilians under a tentative, tenuous deal reached between syrian president assad and opposition forces. connor powell joins us from our mideast bureau to explain. reporter: damascus suburb of the riot was one of the first places to rise up against president assad in 2011. it's been one of the hardest hit places during this buddy civil war in syria.

the riot has been under a blockade since 2012, food and supplies are scarce. a serious humanitarian crisis has been brewing there for some time now. under this deal between rebel groups and the assad regime, opposition forces agreed to surrender the town to the syrian troops in return or some 700 rebel fighters and families were being granted permission to leave and move safely to inland province, this is a rebel held area. the agreement is a major victory for a sod. he gets to take control of an area, which revels out without much bloodshed and appearance to be granting concessions to rebels. it comes as secretary of state john kerry and the russian foreign mister surrogate labyrinth spoke today. no cease-fire agreement has been reached on the overall area of syria. laptop described these talks as excellent.

the hope is that some type of agreement, humanitarian agreement to allow aid in places like aleppo could be reached in the near future. it's safe to say that there are miles apart between the russians and americans in terms of crafting a real cease-fire, a long-term cease-fire and end to the war in syria but there is some progress and talks about getting in some of these minor, smaller, temporary cease-fire agreement to get some humanitarian aid in places like aleppo that really need it. greg: connor powell live in our mideast bureau, thanks. jenna: arizona stepping up efforts to find a serial shooter targeting people on the streets of phoenix. how authorities are up in the ante in hopes of finding the killer. live in italy where the race to find more survivors in the rubble of the devastating earthquake continues and we want to hear from you. a judge ruled the state department might begin releasing new emails deleted from hillary clinton's private server on september

13. you think they will reveal information that will damage her campaign? will we see anything new? our live chat is up and running, go to foxnews.com/happeningnow to join the conversation. see your lexus dealer. this is todd hardy. a fitness buff, youth baseball coach-and lung cancer patient. the day i got the diagnosis, i was just shocked. the surgeon in dallas said i needed to have the top left lobe of my lung removed. i wanted to know what my other options were. and i found that at cancer treatment centers of america. at ctca, our experts examine a variety of therapies, treatments and technologies to identify a plan specifically for each patient. my doctor understood that who i am was just

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stories we've been following. police in colorado arresting this couple, joshua roberts and brittany humphrey. they're suspected of fatally shooting humphrey's half-sister then kidnapping her three young children. fortunately the kids were found, and okay and unharmed at a hotel. arizona stepping up efforts to find a serial shooter targeting victims on the streets of phoenix. implementing leading to a arrest has been raised to $75,000. to australia, a 29-year-old frenchman has been charged with the murder of a british actor at the hospital. the 21-year-old woman died of multiple stab wounds. the hospital said there were no indications the suspect was planning or would be capable of such a violent

attack. jenna: oversees now to central italy where search and rescue efforts are ongoing after that devastating earthquake that was followed by many aftershocks. the death toll rising to 267 with hundreds more people hospitalized. john huddy is live with more. reporter: jenna, now in a lot of areas not only is it search and rescue but also its turn into a recovery effort because as we are now in the third day after wednesday's earthquake, the days and hours go by, the likelihood of finding people buried under the rubble and debris certainly decreases. that said, there's also the religious eagle issues that are adding to the overall problems and what we are talking about are the aftershocks and tremors. there was a tremor as you walk with me here, a tremor

about an hour ago and it wasn't as strong as the one that hit around 6:15 this morning, magnitude 4.8 but since then there more than a dozen and that's been the case since wednesday mornings 6.2 magnitude earthquake wednesday morning, making it difficult and adding to the damage for the cruise that have been resting over here . if you look camera right to see some of these guys working hard 24 seven. also logistically, the roads have been damaged. there are way more roadblocks today as we were trying to get up here because of falling rocks and pavement cracking because of the aftershocks and also a lot of these bridges jenna, this goes back to almost 1000 years in some cases, some of these areas so you are dealing with bridges that go back 100 years so there are questions about the structural integrity. getting vehicles in here to clear this debris is difficult if not impossible in some of these areas so these small villages and towns like amatrice that have been decimated as you can see, have been blocked off. a sickly cut off that help. that said, several thousand people remain and they are in

camps and tents that have been set up by the red cross and other relief organizations as the search does continue for survivors. there have been few tales of survival but hope and prayers remainthat people will be found. jenna, back to you . greg: new revelations that are very hope high-profile rape case. who paid the bill for a prominent attorney defendant convicted prep school rapist: liberty. plus new rules point to a rough road ahead for donald trump so he can turn things around somehow over the next couple of months? we will look into it with our panel coming up. ht, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™,

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ssoon, she'll be binge-studying. now she writes mostly in emoji. soon, she'll type the best essays in the entire 8th grade. today, the only spanish words he knows are burrito and enchilada. soon, he'll take notes en espanol. get back to great with the right gear. from the place with the experts. office depot officemax. gear up for school. gear up for great. jenna: new information on a

high-profile rape case uncovering on "happening now". reports saying the defense team for a brief accused of raping a 15-year-old girl on the campus of st. paul school was funded by parents and alumni of that prep school according to court papers filed by the victim who is now suing the school more than $100,000 raise to defend on liberty. he was convicted of a misdemeanor sexual assault and released from jail after serving a year-long sentence. the money race helped debris pay for attorney jw carney who defended the notorious gangster whitey bulger. greg: 266 days, that is how long it's been since hillary clinton held a formal news conference. donald trump has been extremely critical of her for it and she was asked about it

in an interview last night, here it is quite you have done a press conference in more than 260 days. your media strategy is reported by politico that indicates your allies believe that by keeping a relatively low profile you can run out the clock on trump, keep the focus on trump. how do you respond to that and will you give a press conference? >> i anderson, i'm talking to you right now and i think i did weigh in excess of 300 interviews this year so i'm going to continue talking with the press andanswering questions . >> why not give a press conference with onlookers? >> i got a lot that i have been sharing with the press, talking to the press as i'm doing with you right now so stay tune. there will be a lot of different opportunities for me to talk to the press. greg: james miller joins us, a pulitzer prize winning investigator and fox news contributor, also lynn sweet,period for the chicago sun-times. there's no secret that hillary clinton does poorly in a broad news conference, it's painful to watch, like having a root canal or maybe

worse. there's a reason why she does these one on ones because she can limit the time she can deflect and filibuster, isn't that what's really going on here as to why she won't hold a news conference? >> i disagree with the tenets of your question that a press conference is painful to watch . we obviously haven't had one in a while so there's no reason but i go through a lot ... greg: you remember theunited nations news conference . that was worse than a root canal. >> i don't know where you could go with that. that is your view. i am in press conferences all the time. certainly donald trump, even george stephanopoulos created controversy. the point is whether or not as reporters we find a press conference painful, the point is what news do you get out of it? we don't have a lot of time right away, when you have hillary clinton there you ask

questions. greg: here's what would happen judy is that hillary clinton would be confronted and open news conference by national reporters in other subjects with all kinds of incriminating evidence about emails and her foundation. it could be a bloodletting can do an episode of game of thrones, isn't that what's happening? >> i think greg that's why she doesn't want to have a press conference. both she and donald trump, let's be honest here, like that venue because anyone can ask anything at any time, no matter how painful it may be for the audience and viewers to watch. just because we don't have a press conference doesn't mean that press is going to stop. it hasn't, it won't and who has been more scrutinized over the years then hillary rodham clinton? my gosh. she has had investigations and press investigations and

i understand why she doesn't want to do this but message to hillary, that strategy may have worked okay when donald trump was putting his foot in his mouth every other day area that isn't happening anymore. she has kind of disappeared so he's got to get out there again, maybe she won't choose a press conference as her favorite venue but she's got to get out there. greg: hillary clinton was announcing donald trump for fanning the flames of racism and embracing what you referred to as the so-called all rights, what is that? the albright and supporters might say that is an alternative to republicans who are to moderate. within my call it, and the critics might say well, it's really code for white nationalism, white resentment but nevertheless lynn, what impact does clinton's attack have? >> i think attack isn't as

important to watch as the decision by the trump campaign to put the editor of breitbart which is a popular site are people who are part of this emerging white nationalist movement , why would a campaign put out somebody who could be a distraction? i find this interesting question because that opened the door for hillary clinton to step up her attack and talk about the alt rights. i think we will be hearing more of this as the campaign progresses. a lot of people are familiar with it so it's interesting that it's a strategic decision of the trent campaign put in a ceo, a breitbart executive, a site that is popular with the old right. if that is the threshold question then just a week ago today we were here when paul manafort left the trump campaign because he was becoming injured distraction. greg: clinton's response to trump's most recent black

voter outreach seems to be among other things to this ad that she's running featuring the clan and equating donald trump and his beliefs with white hooded racist. is that over the line, unfair? >> i don't think it's unfair. i think it plays on the theme that we saw from donald trump from the beginning. his attacks on mexicans, his attacks on foreigners, his unwillingness to reach out to those people until very, very recently and now we have a situation in which donald trump himself is trying to back away from the very themes that propelled him to the nomination and i don't think that's going to work. i think the reaction of commentators on the right and coulter who say oh mygosh, this is terrible, why is he doing this ? you can't say the kind of things that he said and suddenly back away and

totally change your positions and have credibility with the base so i think he's kind of in big trouble here. he hasn't been able to expand his base and now the risks that. greg: clinton's ads are a continuous loop of all his incendiary soundbites, it could be pretty damaging. lynn and judy, good to see you both, thank you. jenna: hillary clinton cracking the 50 percent mark in a brand-new national poll. while next guest thinks clinton could win big in november despite the unfavorable view that many have her. plus, a big story you have to keep your eye on. some conflicts happening between the u.s. navy and iranian vessels in key waterways that really are raising serious questions and very rare, we should mention as well if you look

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don't change your dose or type of insulin without talking to your doctor. tell your doctor if you take other medicines and about all your medical conditions. insulins, including toujeo®, in combination with tzds (thiazolidinediones) may cause serious side effects like heart failure that can lead to death, even if you've never had heart failure before. don't dilute or mix toujeo® with other insulins or solutions as it may not work as intended and you may lose blood sugar control, which could be serious. toujeo® helps me stay on track with my blood sugar. ask your doctor about toujeo®. jenna: breaking news on the zika virus with the fda recommending moments ago that all united states blood banks start screening for zika so not just in the areas where we are already seen cases like florida for example where the screening is apparently already recommending to happen but

now this is a national recommendation from the fda. if you donate blood, the fda says your blood should be tested for zika so this underscores where we are with concerns in the nation as far as the spread of the virus so we will keep you posted but the fda making that recommendation. universal testing of donated blood in the united states and our territories, greg? greg: on new national poll showing donald trump has his work cut out for him. he is trailing only clinton now by 10 points, quinnipiac has clinton with 51 percent support, that happens to be the first time she's cracked the 50 percent mark. trump trails are with 51 percent and the real clear politics average of all has mrs. clinton leading nationally by six points, nearly 48 percent for clinton and 42 percent or donald trump. ryan joyce joined us, talk show for the brian joyce joe and evan sick free, republican strategist, former

press assistant to rudy giuliani's presidential campaign, offer of the book gps. so much for initials. brian, the polls assistant director said this. we are starting to hear the faint rumblings of a clinton landslide. is that what these latest numbers for 10? >> i have been saying a long time ago i thought this would be the biggest landslide since ronald reagan in 1984. i don't know if i would go that far but donald trump is going to lose big in november and unfortunately republicans have nobody to blame for this but themselves area and i think they had plenty of good candidates in that primary including john kasich and marco rubio, chris christie, all candidates who could have given hillary a pretty good race. unfortunately they went with a fatally flawed candidate. this is the worst candidate in the history of modern-day american politics and he's not going to recover. greg: we did a little bit deeper evan .

we dig deeper into these quinnepiac polls for the reason why trump is now losing by 10 points. let's put it up on the screen. because his negatives have increased. now more than half of voters have a strongly unfavorable view of trump and clinton's net favorability went in the opposite direction, she went up so in trying to figure that out, a plurality of every demographic group felt that trumps rhetoric appeals to bigotry. is that the reason for these numbers? >> that's part of it and in this quinnepiac poll, 51 percent of respondents but donald trump was a big and 36 percent said he wasn't. if you're a presidential candidate, that's a massive problem.

if you look at donald trump's support in the communities you need to win, women, african-americans, hispanics, asians, it's not there. he's pulling lower than george wallace and barry goldwater among african-americans right now and george wallace was a segregationist and barry goldwater voted against the civil rights act. greg: that depends on your poll. brian, it would also stand out if we were looking into the polls is that clinton's support among republicans has doubled. is that because of trumps rhetoric or something else? >> i think it's a combination of two things. we have a two-party system so you only have two realistic choices but number two i think it's simply because donald trump is just that much worse and you know, i'm really getting tired of the excuses from the trump campaign. he blames a corrupt media. i would point out the media including this network as been hammering hillary for two years every day on email, on ben gotti, on the clinton foundation, it's not sticking because i'll trump is that much worse and you can blame

the corrupt system if you want to but the corrupt system did not stop ronald reagan from winning five electoral votes in 1984, he's just a bad candidate. greg: evan, my gender is noticeable now. leads with women in increase by seven points among women, trumps lead among men as correspondingly dropped by seven percent. how does he turn this around? >> at this point donald trump is going to have to actually apologize for everything he said any need if you want to get serious about reaching out to the african-american community he should stop doing rallies in predominantly white sectors and actually going to the african-american community and sit around the table with a family that struggling to pay bills and say listen, i'm here to listen and i want to know how i can help and what

they have to tell him then he can base his policies around that. that would be far more effective than what he's doing. you saw it on wednesday night in mississippi when he accused hillary of being a bigot. he saw the reaction on the face of the woman behind him. it was a visceral reaction. after that we brought up a clinton and delivered not a spin base speech about what donald trump said but a fact-based speech. she has not needed to stand at all. greg: some people say that's not presidential. these polls show trump is not seen as presidential by huge margins. clinton leads on experience, levelheadedness, being qualified, notwithstanding two thirds of americans say she's dishonest. we will leave it at that. good to see you both. >> thank you greg. jenna: california reeling from devastating wildfires but now we are learning the end of these fires may not even be in sight. he tellyou the latest area .

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kidnapping americans, still aggressive in the middle east and they are still shooting off missiles so it's an open question but it was a big bet the obama administration i think that the politics will change in the next 3 to 5 years so in a decade there won't be as much concernabout the government . jenna: that's the wall street journal's jason element on out earlier this week before we got word that the new confrontations between american and iranian vessels in the persian gulf. officials tell fox news annuity worship fired warning shots and an iranian ship that came within 200 yards. it's the latest close call between the two countries and it's rare that we would fire a warning shot unless absolutely necessary. the last such incident appears to have occurred two years ago when christopher barred vessel fired a warning shot at an iranian ship with the latest incidents dating back to 2012 and 2008. he's a former assistant deputy recent secretary at the reagan administration. a new headline from ruth tomlinson at the pentagon.

here's the headline. confrontations between iranian and american warships in the persian gulf have increased by more than 50 percent this year compared to last year. what's your reaction to that? >> this is permissible. we gave around everything they wanted and more and president obama, he thought we will give them everything and then they will like us, they will be our friend, be our partners in the middle east, they will join the world community. just the opposite has happened. iran has now whatever they want. the sanctions have been lifted, they have a path of nuclear weapons, the predominant country in the region and instead of reaching out the hand of friendship, they slept away and have now partnered with russia, partnered with russia over syria. they now threatened american ships in the region and have basically said thanks a lot, no thanks so having this, we have now lost big.

jenna: what should we do now? >> jenna, i have watched american presidents since 1979 tried to give iran stop in hopes that it will encourage the moderates, that iran will stop being a radical islamic regime and none of it has worked read there's been little leverage that we had left. the leverage we have left is economic and we should double down on telling companies, you want to do business with iran, you don't get to do business with us. telling our banks if you do business with a man, you don't get to do business with america. that would be the only thing to stop and at this point as they got what they want and what i think is going to happen is they will be more provocative in the next two or three months as the end of the obama administration, it's a lame duck president, president is not going to challenge his legacy about iran so i think iran is going to keep pushing, prodding, sticking it in our face in the meantime you have a navy ships in this key waterway and as you mentioned, to actually fire a warning shot

is something that doesn't happen very often. to underscore that, we are seeing some video of this small uranian ship, they are harassing much larger vessels which are our ships, which gives us an idea of the provocation you're talking about. >> these are small uranian ships, the iranian revolutionary guard navy and they are small, fast ships like an american speedboat or a cigarette speedboat and a formal to the american ships, in this case it was only a few iranian ships but they could have had a dozen of them running rings around american ships. the it's not even a full football field. that close to an american ship. our protocol is that we warn them, try to talk to them over the radio and try to talk directly to that vessel. in this case the iranians did not answer, they kept going. then we fire flares and a warning shots and they still keep coming we should them out of the water. the reason this is

significant in that part of the world is that's what happens with the us s cole at the end of the 1990s where the us coal came up to an american destroyer and kept coming in kept coming and then finally ran into it and destroyed it and blew it up. it was a suicide bomber but instead of a suicide best it was a suicide vessel. that's the reason the united states can't take any chances. >> so many americans were killed in that area how concerned are you to consider the environment and taking into consideration as well that there is, i don't want to use the word miscalculation. there is a miscalculation that could happen where we do fire on an uranian ship or they get too close and what would happen next? how concerned are you about tensions escalating to the point of no return?

>> you are right, this is the problem. i don't think iran was a war with us, we don't want war with iran but you could see a situation where that boat gets too close, somebody miscalculated and we start shooting at each other as in fact lives are lost, then you have potentially a rapidly escalating situation.i look at this jenna, you got that wonderful hashtag with a new mom, what do you always say? every new mom knows don't give the kid dessert before dinner. what we did with iran is we gave them all the goodies upfront in hopes they would change and they haven't and now they've become more provocative, more dangerous, more willing to push the envelope and that's what i'm worried about, i'm worried about a miscalculation that turns into a crisis in one of the world's busiest commercial routes on the planet . >> as you point out, human behavior is relatively simple. and challenging at the same time. so you have people coming up with foreign policy, very complicated when it comes to a grand and perhaps were straightforward.

casey, you remind us of that and i appreciate it. we will be watching the story area you very much. >> why a convicted killer is now getting a brand-new trial in kentucky. will justice ever be served? our legal panel is here with that. relook.

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greg: convicted killer getting a new trial. can hubris was sentenced to 40 years in prison for the brutal murder of her 29-year-old boyfriend ryan poston. after that conviction hubris claimed one of the jurors was a convicted felon and was therefore not qualified to serve on the jury and yesterday, guess what? the can tuck the judge agreed. he's granting her a new trial.

here's how we got here. october 2012 huber's calls 911 and says she shot her boyfriend in self-defense. he has been shot six times, twice in the head, once under an arm, three times in the torso. fast forward to trial april 2015, the detective who investigated testifies sing the evidence revealed poster was truly trying to break up with huber's. the defense argues that killing was self-defense. that self-defense didn't fly in end and in august 2015 a judge sentencing huber's to 30 years behind bars for the murder and a year later, huber's conviction overturned. she gets a brand-new trial because again, a felon served on the original jury, that's not allowed under kentucky law and in the judges ruling he said he had no choice, had to follow the law. e joins us, former federal prosecutor. former criminal defense attorney, good to see you both. under federal law in some jurisdictions you don't get a

new trial unless you can prove a felon on the juror made the difference, isn't that the better rule? >> well, yes. i think it's a better rule but unfortunately that's not the law in kentucky in this judge follow the law. he neither builds character or reveals character. kudos to the judge for following the law. i don't like the fact that taxpayers have to pay for a new trial that the evidence against this woman is overwhelming and short of the invention of time travel she's going to get convicted again. greg: this was an incredibly low-level felony for a family to paste child-support and when the guy served with papers, he paid up and he didn't think he had a felony. >> it doesn't matter what he thinks he had or doesn't know that he had a felony. whatever he thought was the

actual case is irrelevant. what matters is that he is a convicted felon and this law in kentucky is so incredibly strict that the judge doesn't have discretion not to follow it and that's what's happened in this case.>> i want to play a soundbite, here is the accused before she was convicted in the interrogation room after she killed her boyfriend that she almost clearly was stalking and here's the reason why she fired six shots, take a listen? >> i wasn't being a mom ever. i lost it. greg: five shots wasn't good enough, but twitching bunter so she had to fire a six shots, two in the head. fred, same result second time around, the evidence is overwhelming. >> that's chilling and she told a friend on social media for couple weeks beforehand

when they were in the pistol range she should have turned the gun and shot him and made it look like an accident so i don't see this woman ever getting acquainted . greg: who benefits the most on a real trial, the defense or prosecution? >> the defense, it is always to the defenses advantage to see what theory of the cases, how it's going to be presented. greg: the prosecutors know that so they might adjust the way they present their evidence. >> yes but at the same time they already have sworn testimony from their witnesses so if the witnesses say something that even a little bit different than what they said in the first trial, defense attorneys can use that to impeach theicredibi remember the facts area. greg: fred, do you agree? >> know, unless the defense files a motion to change the facts, she is going to get convicted again. it works to her benefit but it's not going to make a difference in this case.

greg: real-life fatal attraction is a real tragedy for the family. they have to go through the trial all over again. thank you so much for being with us today. >> thank you for having me. greg: we will be back with more, don't go away. what you're. liberty mutual insurance. ...one hair color wants to to help you keep on being you.. nice'n easy. natural-looking color... ...that even in sunlight, doesn't look like hair color... it just looks like you. nice'n easy: color as real as you are.

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>> that is going to do for us this hour. >> this hour, we another one to do. don't go anywhere. >> okay. >> "outnumbered" starts right now. >> bye-bye. ♪ harris: happy l happy friday. this is "outnumbered." i'm harris faulkner. here today, radio talk show host meghan mccain, democratic strategist, julie roginsky. member of both the bush and obama administrations she dances to, gillian turner. today's #oneluckyguy, tweeting about himself. james rosen, i'm excited to be here with you. >> my second time doing the show. great to be back. i have to say i love what you have done with the place since i was last here. harris: it looks exactly the same into that is the part i love. harris: you're welcome.