harris: this has been an hour of shy pete. >> just trying to keep up. just trying to keep up. harris: i love it. thanks for being here. >> thanks for having me. harris: we'll see you online. "happening now" now. the poll gives her an eight point edge over donald trump among the likely voters. 48- 40 percent. we are covering all of the news "happening now". >> and construction in these sites is harmful. >> eluded in iraq and syria how the cash is helping to fund terror. >> plus, the trial is torturous for us. >> and the truth of what happened overseas is horrendous. >> the family of a young woman

raped and murdered fighting to keep her past private. why the man who murdered her said her history is part of his appeal. >> the vacation was drawing near. and storms are moving in as folks from north carolina to hawaii brace themselves. it is all "happening now". we begin with new developments around hillary clinton's new e-mail. the fbi is releasing some is information from her proved server e-mails. >> some being the key word there. i am jon scott. we are told release is response to media outlets request. the fbi recommended no charges be filed after mrs. clinton use

of private e-mail. >> here's more are on what we will see and catherine herridge is live in washington. >> reporter: thank you, jenna. fox you news confirmed portions will be made public tomorrow and this week. and based on the freedom of act request it will be her interview summary and back up notes from the agents who questioned her. the white house said the decision was the fbi's call. >> the white house did not consult with the fbi about that decision or other decisions they made in the investigative material that they have collected when they looked into this matter. with regard to the impact on the election, there are any other number of people employed by your new's organization can speculate about the political impact or fallout. i will let them do that.

>> the fbi does not routinely record introduce. and when hillary clinton was questioned over the july 4th weekend that was the case. that is known by fbi code 302. and when that record went to congress, republican law makers said the questioning was weak and never fully addressed why she had a second section're system. >> james comey said she was not indicted because of questions of intent. there is no questions of intent. he didn't go forward with charges because she didn't have specific criminal intent. she said she did it for convenience. i department see they follow-up questions in the interview i read. >> before the news about the release of the fbi file was public, the director spoke at a security conference here in

washington where he hoped not to take questions about the clinton e-mail and addressed the issue of foreign hackers and the targeting of two voter registration database. >> we take seriously the actors and nation states that moves beyond the collection of information about our country and that offerses the prospect of an effort to influence the conduct of affairs whether that is election or something else. >> reporter: we believe two states initially targeted were illinois and arizona. but experts told us that every board of elections should assume they were breached and try to find evidence that tells them otherwise, jenna. >> thank you, catherine. >> we'll continue the conversation with the host of the filter on sirius xm.

christian tate is a christian columnist and author of "government gone wild". you are a bernie sanders and i guess you are. and hillary clinton is the standard bearer. what dew think of the fbi releasing the information. there is a political problem. drip, drip, drip continues on and untrustworthy numbers is going up but that doesn't hit the polls. this is where a story like this may not have the political effect because she's leading so much in the battleground states and even though independents and democrats don't seem to care about this story, it is affecting the republicans the most. the reverse affect of what would normally happen. the legal argument. do they reopen the investigation? that's probably not going to happen. unless there is a clear criminal

intent and which there doesn't seem to be. there is a lot of smoke but no fire. >> let's get your take on that kirsten. honest and trustworthiness numbers for the tank and the race has been tightening up in the polls of late. and is this part of the reason? >> the more we talk about the e-mails, the ultimately worse it is for hillary clinton. she tried to portray trump as a racist. but these scandals shifts the focus and puts her back on the defense. and bad for her and force the media to start covering the scandals instead of attacking trump around-the-clock. it is the bottom line, how detailed the notes are with the interview with hillary. and this could give the house republicans more motivation to pursue perjury charges. >> how detailed and redakted

they are. one doesn't imagine they will release everything? >> they had an investigation and even with the details that come out the investigation is reflective of the interview. i can't see how it wouldn't be be complimentary. and there might be bias in the fbi. >> not that you are in the business of campaign advice, you mentioned the drip, drip, drip of information can be the be good. how do they get the issue behind them if at all. >> as much as i hate to advise hillary clinton. down play it and laugh it off and keep attacking donald trump for his weakness. and if i were donald trump i would shift back to hillary clinton scandal and not be defending myself. >> that does seem to be her laughing >> hillary clinton's gone

through scandal. she knows how it legally work and she knows how the republicans respond and media respond. who matters is the voters she's trying to activate. minority and young people need to turn out in the polls and every day donald trump has a bad day is a good day for hillary clinton. but he's been on message. and these e-mail stories are much bigger. >> trump is trying to reach out to african-american and latino voters after weeks of talking about them. he set a date to visit an african-american church in detroit and laying blame for the problems in the african-american on his rival's doorstep, listen. >> it is time for our society to dress honest and very, very

truths, the democratic party failed and betrayed the african-american community. democrat population and education, and economic populations produced more crime and more broken home and poverty. >> and kristin, i want to ask you about that particular moment in the speech. will that resonants with african-americans? >> it is a difference between courting and getting the black vote. you will not get it if you don't ask for. it he has to focus on three issues, law and order, pro business policies to bring jobs back to the the inner cities and school choice. school choice is important. here in new york city, we see parents lining up for a chance to it send their kids to charter schools because the public schools are so awful and obama

and politicians send their children to private schools in limos and depriving minorities. trump has to reach out. >> let's pull it back a second. he's polling 1- 2 percent and that is below barry goldwater and below george wallace. this is a man who if he thinks he wins with the african-american vote is a joke. he's trying to put a dent over the democratic organization in getting the african-american out. they have massive registration in georgia that is on the map for democrats. that was never on the map before. it is massive voter registration efforts in the minority communicates and including latinos, donald trump is trying to push that. >> kirsten, are you worried.

donald trump will not win the black vote, but he can get a percentage of the vote. look at what is happening in chicago. [inaudible]. and look at chicago this month alone. >> violence, 20 years in chicago. >> we'll have to get into that in another discussion. thank you. jenna? >> turning overseas, new detailses in the violence in isis and syria associated press finding bodies of thousands of victims, john? >> jenna, the stories and the images that we are are hearing and seeing are haunting and horrific. skulls and bone and decomposing bodies, thousands upon thousands of people dumped in mass graves in iraq and syria you mentioned

the ap, associated press investigation documented 72 mass graves in iraq and syria with bodies of estimated 15000 victims. six burial sites outside of isis defactor capitol of mosul iraq and more than 100 bodies were found and video and image, coming out of. isis captured sendron and started the genocide of the yazidis population. some managed to get in to the mountains. kurdish fighters recaptured the city and found the bodies in the ravine and bulldozers over. survivors describe militants lining up older men, and young

men and gunning them down. one survivor described seeing relative and family member and friends and lined up and shot in the head and many screaming and begging for their lives and this was a couple that were mapped. there are 16 others and too it dangerous to go escavate because they are in dangerous territory. jenna, back to you. next fox news alert. we told you you pennsylvania is one of the battlegrounds. hillary clinton and tim kaine enjoying an eight point lead. hillary clinton thinks he can win there. there is senator tim kaine holding an event in erie, pennsylvania. >> in the meantime, a young new york city woman murded. her father believes who is

responsible for his daughter's murder. and a powerful storm threatening the u.s. we have your full holiday forecast. and we want to hear from you. do you expect the presidential race to be a close one? go to foxnews.com/happeningnow. you didn't read your car insurance policy.

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call that's liberty stands with you™. liberty mutual insurance. an teen who was sexual assault at a prep school is speak out. she's coming forward now because she hopes to be a voice for other victims. >> it's been two years now since the whole ordeal and i feel ready to stand up and own what happened to it me and i will make sure other girl and boys to own it, too. and they don't have to be ashamed. >> the media doesn't usually item the items.

owen lebrae was tried and convicted. prosecutor said he sexual assaulted her as part of a tradition in which senior seek to have sex with under class men. >> two tropical storms forming in the atlantic now. and one expected to make landfall later this week. and forecaster ares are watching a powerful four hurricane near hawaii island. ja nice dean is live in the weather center. >> hard to keep track of all of the storms. this is gaston looking beautiful on satellite presentation temperature is it a hurricane but not affecting land. we like those. watching 8 and 9. eight come close to the outer

banks. maybe not a direct hit but a brush with tropical depression number eight. it could be our next named storm. outer rain bands and not a great day in the beach. otherwise it is not a big deal. tropical depression nine, expected to be named in the next ten hours. upper level winds are are not conducive for a lot of strinthenning. but the water is very warm here. it is still a tropical kepregz and 2:00, they may upgrade it. it is like a big warm bath out here and that's some of the fuel to strengthen. and we think it is going to be a minimal if it not a strong tropical storm and also the possibility for a minimal hurricane. regardless of development we'll see heavy rainfall and storm surge and potential for tornados

in the sunshine state. we'll keep you posted >> that's colorful of a map that i have seen. >> it truly is, we'll keep you up-to-date. ehow the sale of stolen art is funding terror. we follow the path, next. along with diet and exercise, once-daily toujeo® may help you control your blood sugar. get into a daily groove. ♪ let's groove tonight. ♪ share the spice of life. ♪ baby, from the makers of lantus®, ♪ slice it right. toujeo® provides blood sugar-lowering activity for 24 hours and beyond, ♪ we're gonna groove tonight. proven blood sugar control all day and all night, and significant a1c reduction. toujeo® is used to control high blood sugar in adults with diabetes. it contains 3 times as much insulin in 1 milliliter as standard insulin. don't use toujeo® to treat diabetic ketoacidosis,

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[ clock titime. ] you only have so much. that's why we want to make sure you won't have to wait on hold. and you won't have to guess when we'll turn up. because after all we should fit into your life. not the other way around. >> the father of a murdered new york city woman is speaking out who he thinks is responsible. her body was discovered on a jogging trail near her house. her father thinks a mystery jogger who ran on the same path could be linked to his

daughter's death. phil usually jogged with her but an injury prevented her from going with her. the nypd said no suspects in the case yet. and they could not confirm the mystery jogger. the lead for capture has thrown to 300000. >> and stolen art from the middle east may be funding terrorist attack. they are bringing stolen material. and you can see the middle east most prochlinent museum and land marks. some say the europeans have a lax approach to the trafficking.

here's the group that tests. and both of them catching our attention. you think about this. it seems like a movie, someone trading an antique vase of some sort that has pathways that you don't even understand. you say these objects are finding their way to the united states? >> that's right. it is a global problem and as you said, looting is taking place since there was buried treasure. isis took it to a new degree. they view it as an extraction industry like oil. and taking advantage of the westerner interest to buying art to fund the causes. >> what kind of art are we talking about it? >> the cradle of civilization sites that are protected by the people for millennia.

>> look at this picture. we have different picture and all of the pots on the screen. that's when we envision a vase of some sort. what objects have you seenaded >> it it is a variety of things. we became aware of this after the arab spring in egypt. and we found islamic art that is showing up cross the world quite honestly. the photos that you are showing is from the group tracking down eluded art where isis is encouraging people to loot. they have their own ministry of antiquitilies to encourage people to loot. because they raise money from the sale and taxation of it. >> how much are are we talking about as far as the money? >> the u.s. government estimated since 2014, isis alone and they

are not the only group looting in it the area. earn seven mill yen. and when you see how much isis has done with so few people and arms this can accomplish a great deal. >> how does the object get to brussels and then sold? >> right, it depends on where they are coming out. in the case of isis. they are through turkey and lebanon. there they are consolidateded and they are moved out through markets and to dealers that are willing to traffic these antiquities. and then make it to ours. >> how would one know if they purchased something out of syria through isis? >> the buyer needs to look at ownership and suspicious of the

people coming from the middle eastern region. it is buyer beware. >> it is safe to assume it is coming to isis. >> it is better to not buy any at the moment. you want to make sure that it is done before the crisis started and also before 1970 when there was a international convention governing this. the u.s., we banned the import of syrian antiquities. if we did our research, most are moving in the direction to crack down on the the trade, but belgium was not. ironically. >> how do we fix the problem in europe and would that solve it? >> it is like any illicit trade, it is difficult. raising awareness on the

importance of not buying these. and the governments to take action. belgium eliminated the art squad. and we needap increase in law enforcement and when belgium is going through all of the activities to stop the home grown terrorist that are coming out of belgium. there is an issue. just the antiquities is only part of what they are cracking down but it's important. >> thank you very much. jon. >> he was concan victed of raping and murdering a teen. and now wants to introduce his victim's sexual history and try to win an appeal. he said it is essential to his case. our legal panel weighs in. better buckle up.

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and providing local support to those living with the disease and their caregivers. but we won't get there without you. visit alz.org to join the fight. >> a fox business alert. the tech giant apple ordered to pay 14 million in back taxes to ireland. they were given illegal tax breaks and today's decision likely implicate our country as well. lori? >> hi, there, gen a. significant implications here in the united states. this is the largest fine ever imposed by eu on apple. friendship and half billion dollars. the white house said this is

unfair to u.s. taxpayers because apple may be able to write off the 14 and half billion on the the u.s. tax bill. and the other factor, that the already strained u.s. and eu tax talks and trade talks could have further duress. and the u.s. sharply criticizing the eu saying it unfairly targeted american company cans. apple is not the only company. tar bucks will have to pay 30 million to the netherlands and mcdonald and amazon are waiting on luxembowing on what they owe. apple cash on hand. 21 pillion. and 14 billion no small sum but shouldn't set apple back too far. they will of course, appeal the

eu tax ruling, gen a. >> thank you. >> and new information in a rape and murder case. the new hampshire supreme court gets set to decide if the man on appeal can dwelve in her sexual history. lizzy was 19 years old and disappeared. after a month long trial seth was convicted of first-degree murder and rape. his defense said marriott died in consensual rough sex. but the judge said it was not relevant to the case. mazzaglice a was sentenceed to life in prison. then there was a new rule that appellate judges can apply rules

retroactively to the appeals. last month new hampshire agreed to let the marriott family intervene as the state decides whether to unseal the records. joining us is elias wheel and our criminal defense attorney. there was testimony. his girlfriend catherine mcdonna was on the stand for ten days and described how she lured this poor girl lizzy marriott from the target store where they worked together. and lured her to his place. and he said let's have sex and she said no, he killed and raped her. why is that not enough and why open up her sexual history. >> it is enough and they should not be allowed to open up the sexual history.

what the defense is trying to do is bring into question, her, the victim's credibility by bringing in her past sexual history. and what the defense is trying to do and they should not be allowed to do this. but they are trying to say she engaged in sexual activity and was suffocated in the activity. and what they are trying to do and by the way, in the past she engaged in activity that involved suffocation to a point and it was consensual. that should not be allowed in and every state, jon, every state in the union has rape shield laws and do not allow prior consensual activity. the high court in new hampshire got it wrong and they are letting the family say take

another look and if they allow this opinion to stand, it would just ruin the rape shield laws not in every state but certainly in new hampshire and erode new hampshire and as a law in every state in the union. >> appeals are supposed to allow higher courts to fix mistakes made in the lower court. you don't get to argue the case just because it is going up on appeal. >> that's right. and i think whatever the court does here, jon will have rampification not only in this case but every other state. but every state has rape shield law and the purpose of those laws is to encourage rape victims to come forward and not fear sexual history will be public and used against them. and the lower court who heard the facts got it right and

exclude the history and that's what the department of is bases his appeal now. and if the court allows it, it will allow any other criminal defendant in it rape and murder cases to do the same thing and this will destroy the rape shield laws. >> her family is fighting against this. >> good. they don't want it dragged through the mud. this is what her father told the boston globe. all we have left of lizzy is memories and we don't want them overshadowed by things we shouldn't know b. if she was alive i wouldn't know this stuff. >> parentally she was dumped in the river that had had kufrnts and they couldn't bury their

child and to it know how she died. how can a court possibly consider opening up in information? >> they shouldn't and i don't understand. the way she died was horrific. and as the former girlfriend testified. he strangled her and put her in the suitcase and dumped her in the river. and the legal ramifications are other women if they are to go and do this to it the rape shield law, beyond the case. other women will not come forward. they will realize they don't have protection of the rape shield law. and anything in my past that could be perceived as you know off color to the jurors is going to come forward and parents and brother and sisters and boyfriends will hear it and they will be afraid to come forward are and that is wrong, that is just wrong.

>> his own lawyer said he's the most hated man in new hampshire right now. you know, that is no reason to deny him an appeal. but why give him the avenue? >> that's right. jon, i don't blame the defense attorneys. they are doing their job to get their client off from a life sentence here. and from a defense perspective, i don't agree with. this but look. if you have evidence that the victim had engaged in s&m. >> there is no evidence. >> she can't speak for herself. >> she is unfortunately dead and there is no ability to contradict the information. i don't like to blame the defense attorney. but they are there to get him off of a life sentence. maybe they can view it was

consensual and not a rape. it was an accidental killing. >> but the girlfriend was right there and she counted what he said. when she wouldn't agree to the consensual sex, he went for her throat and strangled and raped her dead body. >> he -- >> why wouldn't you call 911. why didn't he try to get help. >> we'll let our viewers know what the supreme court in new hampshire decides. >> police do the right thing. thank you, both. >> thank you, jon. >> and up next, donald trump gearing up for the major immigration speech after acications he's changing his stand on the signature campaign issue. we'll debate that next. hmmmmmm.....

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on immigration as critics accuse him of softening his stance. this is what he said recently. >> the existing laws are very strong. first thing we will do if and when i win, get rid of the bad bones. we have gang member and bad people that need to get out. the process for everyone else. obama got tremendous numbers of people out of the country. we want to do it in a very humane manner. there can be a softening because we are not looking to hurt people. we have great people in the country. leslie marshal is here and lars larson. he's trying to have if both ways? the question is can he?

can he be emthetic and why does he have to choose? >> one, he has to decide what course and what path he is on. if you remember, this is the guy who wanted to rip apparent 12 million and build a wall and mexico pay for it. the unrolistic and not able to paid for by the united states or mexico ideas. what happened he looked at the facts, he's dropping in the polls and hillary clinton is trumping him in the number and he knows he needs the hispanic and female and african-american vote to win the presidency and his stance on immigration is not gp over well with that group of people and this doesn't change that. >> leslie saying he is pandering to certain voter and those who say for donald trump to win has to get the speech right. what would i a win for donald

trump when it comes to immigration policy? >> i tell you, he has to do what he's done for the beginning. listly is wrong. he never said i am ripping families apart. he said he would enforce the existing laws of the united states. y they say you can't be here illegally and he plans to build a wall and none of that changed. the fact enforcing and emthetic and enforce. it is not contradictory and dropping in the polls, i noticed that hillary clinton was up 12 point and arguably up six points getting close tort maternalin of error, and if you think that dropping in the polls? >> there is a lot of polls and until we get close tore election district attorney. we take them with a grain of salt is. the white house is fielding

questions about immigration because of the speech. >> listen to this. >> is that far from what donald trump saying fthey are criminal. >> the unfortunate fact is there would be more resources and securing the board if republican and house of representatives hadn't blocked the comprehensive immigration reform that senator rubio said is closest thing we have to amnesty. that is on the republicans that failed to deal with. it >> interesting respops from josh earnest. what do you you make of that >> there is a fact we haven't seen more money go in to the border. you can enforce the border and make them safer without building a wall. and we'll not see it built because republican and democrats

don't work together. that is a problem and reflective. >> lars, what will hillary clinton say in a debate. we would be stronger if not for the republicans, how does donald trump handle that? >> the reason the republicans have not said yes we'll grant you amnesty. the wall will get built under president trump. israelis built a wall between terrorist and their country and cut terrorism 500 percent. and a wall will make the country safer and it is fair. how is it fair, leslie for all of the people who waited years in line to come legitimately, to it tell people you could have swam the rio grande. >> what we have debated is what

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hi,&, i'm martha maccallum. just who was hillary clinton consulting with during her debate prep and how does her team plan to go after donald trump to get under his skin? new details on what they're cooking up behind the scenes, coming up. plus mitt romney sending out a fundraising e-mail today for a republican in a tight race. who would that be? stick around, very interesting story there. donald trump on the latest

anthony weiner scandal. he says it points to hillary clinton's lack of judgment. is that fair or foul? we'll talk to dr. ben carson. see you then. several primaries in florida today getting national attention. congressman debbie wassermann schultz is fighting to hold onto her seat after an e-mail hacking scandal forced her to resign as chair of the democratic national committee. phil keating is live in miami with the story. >> reporter: stormy and blustery primary day in the sunshine state, a nice metaphor for these high profile raises for congressman. wassermann schultz is facing her strongest primary challenge in many years, perhaps ever. it's seen as a proxy rematch of the struggle between bernie sanders and hillary clinton. more than $6 million has been spent on wassermann schultz' primary battle, most of that tv

spots, a lot of that paid for with money from out of state. hillary clinton supports the former dnc chair and her opponent is supported by bernie sanders. >> if tim kanova wins the primary, he'll go to washington with limited knowledge and experience. schultz would go back to washington with a severely hurt brand. >> reporter: on the democratic side, running for the u.s. senate seat currently held by republican marco rubio, you have two congressman, alan grayson and patrick murphy. polls show both of them comfortably winning i want to be, that will put them against each other in november, in a high stakes and costly florida senate race. back to you in new york. >> we'll be watching, phil, thank you. we'll be right back. 80% of women say a healthy lifestyle is a priority.

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i have quite a rowdy group in the back, family members of mine, and luckily they're behaving themselves, i'm so glad. >> we'll show them another day. thanks for joining us. >> "america's election headquarters" starts right now. fox news alert is what we start with this afternoon, as the white house is now weighing in on the big news that the fbi is about to release their notes and findings from hillary clinton's e-mail investigation. the white house says they were in no way consulted about whether this would happen or anything else hillary-related. hello everybody, i'm martha maccallum. hillary clinton loses a bit of her lead to donald trump in the national polling. he is now threatening perhaps to deal her a larger setback, at least that's what he hopes. can she combat that? we've got team fox coverage on the campaign trail. mike emanuel and