>> that's great. isn't that good news. >> i love good news. >> okay. >> they're so adorable. >> and we begin with the fox news alert, the race to the white house kicks into high gear with both presidential nominee in all important battleground state of ohio. good morning to you, i'm john scott. >> and i'm laura. good to be with you. right now we are in cleveland waiting a campaign event with donald trump and running mate governor mike pence. spending time in ohio crucial for any republican to win the white house.

as histrow has shown no gop has become president without winning ohio. hi, peter, how is it going today? >> laura, today trump is going to have his first campaign event since a much publicized visit to inner city church in detroit and the church visit is one that his top surrogates has had a big impact on the republican nominee. >> going through some of those areas, talking to people who are clearly intelligent and have the same aspirations as everyone else, i think that helps tremendously in terms of formulation of policies. >> trump moved on from that visit to tussle on twitter. quote, the great state of arizona where i just had a massive rally, amazing people, has a very weak and ineffective senator jeff blake, that came a few hours after blake said this.

>> it becomes difficult to see that he's going to change, so i don't expect that i will be able to support him in november. and i would like to, he's a republican nominee, i just don't see that i can. >> a lot of talks about méxico trip about who will pay for a border wall if he was to become president and the governor mike pence is out there saying, if they win it's going to be méxico. >> i'm very confident when trump becomes negotiator in chief, we are going to sit with our ally in méxico who shares -- >> other than withhold money? >> the united states of america is the most powerful economy of the earth. >> they're also building a wall here at the biggest county fair in the critical swing state of ohio.

méxico not paying for this one, though. it is fair goers who have been coming to buy brick made out of wood for $5 and their donation goes from the county gop which is a place that both sides would like to do very well at in november. >> all right, peter. hillary clinton campaigning in ohio today as her e-mail scandal continues to dog her. on friday you will remember the fbi released dozens of pages from notes from investigation of private server. ryan can with us in new york city room. high, bryan. >> why the fbi chose not to recommend criminal charges for e-mail practices is they found that she did not intentionally mishandled classified information. it's hard to intentionally do something wrong if you say you

don't know what you're doing is wrong. the fbi said clinton said she didn't call receiving training on handling classified documents, did not know, see markings meant classified or confidential and did not realized that drone strikes were classified. her running mate defending clinton yesterday saying discerning to be classified and nonclassified is particularly difficult. >> unless pulled and identified it is difficult to know whether a stateman is classified. that's what she was saying. >> like the fact that she used 13 separate mobile devices but the fbi was unable to recover any of them partly because an aide was instructed to return with a hammer. after news of private e-mail server became private, the clinton camp ordered to delete

archive emails and was mysteriously lost. donald trump's campaign is jumping all over this. trump tweeting lying hillary clinton told hillary clinton did not know documents were classified. how can this be happening? mike pence spoke on this. >> dishonest president since richard nixon. out of the public reach, publish accountability. >> of course, that one donald trump's running mate mike pence. clinton signed two nondisclosure agreements as secretary of state where she said she knew the rules and violating the agreements could result in criminal charges, laura. >> thanks so much for that.

>> polls the race for the white house is getting tighter giving hillary clinton less than a 4-point lead over donald trump. nominees are working hard to win over voters as we do final push in november. there are key dates now and then . first candidate event of the general election. come two weeks later on september 23rd, we should get the production schedule. that's the very same day that early voting begins in some states -- state i should say. three days later nominees face off in first presidential debate and vp nominees get their turn a week later following two debates in october. joining us josh, politics editor at the national journal. it is getting serious, now, josh. everybody says that you start after labor day, that's when voters really begin to pay attention.

they are within 4 points of one another about a 3.9% lead for hillary clinton in the real clear politics average of the politics. why is this race getting tighter? >> well the big development is that hillary clinton's favorability books have gotten worse after personal handling of e-mails. she's losing ground in the battle for the white house. donald trump still has been struggling to hit that 40% mark and you have a lot of voters looking at the third-party candidates, gary johnson on the libertarian and jill stein among the green party. you have significant third-party movement and hurting clinton than donald trump. >> so it's getting tighter not necessarily because he is doing so much better, but because she is doing so much worse.

>> donald trump needs to hit 40% mark. low 40's and hit that magic number because he's really in many of the national and statewide polls in the magic number even as hillary clinton's numbers have been going down. that's a big accomplishment. you see clinton goes up but he hasn't improved in his own numbers. >> it seems that drip, drip information about emails is not helping her and as i just mentioned her, there are going more documents released and her campaign can't be happy about that. >> the facts are the facts and the the biggest and most damaging revelation is the fact that clinton aide wiped out information on that personal server a week or two after "the new york times" reported the existences of the very server. there's a lot of smoke, more smoke than we have ever seen before and there's going to be a lot reporting in the coming weeks trying to figure out who

did the wiping and intent on erasing that information. >> her yoga schedules and chelsea's wedding plans very very important to get rid of all that. what about the advertising. it's my understanding that she still is outspending donald trump 10 to 1 in advertising and we still have a 4-point race. i guess if you're donald trump you're thinking you're doing all right. you're getting a lot of bang for your advertising buck. >> you can look at it two ways. donald trump is competitive in some states despite the fact that he's being outpent. like you said, john, in a few big states, hillary clinton is outspending trump by significant margin and her message is getting out there. she's attacking trump very aggressively and organizing in states like ohio, florida and pennsylvania and trump even though spending about $10 million in battleground states, only half of that has been spent.

they've been conservative with the money and as consequence the message isn't really getting out to voters in battleground states. >> josh, thanks very much. enjoy labor day. >> well, we've got new video of hillary clinton on her new campaign claim, she was chatting with traveling press. we are finally getting a look at that. let's listen. >> i hope you guys are ready, and -- >> are you ready? >> i'm more than ready. [laughter] >> that's inside a boeing 727, she's opening up the curtain, something that we have been wait to go see, talking to the press. >> i'm sure we are going to get a lock at the exterior of that plane, big hillary clinton logo.

brand new. donald trump gets a lot of publicity for 757, now she gets to match but i guess her is probably leased. >> september a whole new month. donald trump's team trying to soften the blow of no nonsense immigration plan. one of his advisers going so far as trump no longer wants mass deportations, is that true? the clinton camp isn't buying. plus anker across the country after convicted rapist is released from jail after three months behind bar. now how some lawmakers are work to go prevent something like that from happening again. you both have a

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>> some of donald trump's strong words about immigration and

foration have come back. mike pence taking tough questions on that topic on nbc. >> he's been completely consistent on this point. >> no he's not. he has deportation as national debate. he has not been consistent on what to do with the 11 to 15 million. everybody has to leave. i mean, he said it, everybody has to leave, we have to have borders, now he is saying he's open to doing something different with whoever remaining, which would be about half. >> i think we really don't know what that number is or who that is until we do all of the things in the 10-point plan. laura: one of the advisers former city major rudy giuliani down playing the deportations plan. >> i want to understand what you're saying here, mr. trump will not be trying to kick out the dreamers, he will not be having a deportations force and

no longer wants to get out 11 million out of this country? >> what he said in speech after we secure the border and after remove criminal illegal im get to 100%, then and only then can we look at this in a rational way in which we can look at all the options and be open to all the options. >> he doesn't want to separate families, would you say? >> that would be one of the things that would be pretty clear. laura: hillary clinton's campaign manager firing back saying donald trump has stated very clearly throughout his campaign that he will deport everyone who is undocumented. what we saw today is mike pence and trump's campaign officials attempting to mislead voters about mass redeportations policy by using soft words to describe harsh tactics, one of the oldest tricks in the book. immigrant families know meaning of humane and fair. trump's message to imgrant families is clear, everyone must

go. let's talk about it with our panel. former communications director for oklahoma senator and emily is a political editor for bussel, welcome to you both. he did lay out a pretty specific 10-point plan but some say change of tone has left people confused on where he stands, do you see it that way? >> i do. it's not trump himself. it's the campaign and surrogates are really giving evasive, sometimes conflicting answers on immigration which this is a corner stone of primary campaign success. he road to victory promising the wall with méxico, that mexico would pay for it and now we are seeing different answers on this and a frustrating evasiveness that makes him look weak. it's not just his policies on immigration that are in question

now, his ability to lead when they can't give straightforward answers. laura: john, what do you make of the interview that mike pence gave over the weekend to try to clear it all up? did he make headway on that? >> he put mike pence on a tough spot. trump has been low accuracy when it comes to immigration, he's been on both sides of the border when it comes to the truth. the problem here is barack obama and hillary clinton have mast early exploited divisions with immigration and trump has made it easy on them. barack obama has been weak about ep forcing border security and what pence and giuliani tried to articulate that my old boss believed in, first, you have to secure the border and only then can you create the circumstances for a political consensus to deal with all the other complicated questions about what do you do with the 11 to 14 million people that are here illegally.

laura: i want to show you a poll over the weekend. we are going to put it up on the screen by this one poll about how people feel if they believe that trump can get méxico to pay for the border wall. this poll 13% say yes they believe trump can get méxico to pay for it and 78% say no. emily's camp has been jumping on issue and trump's campaign says they have been pretty clear on this. what do you think. >> i don't think they have been clear at all. mike pence answer to say 10,000 people showed up to a rally, we are doing something right. it must be clear to them. that answer made no sense and his staff is just consistently being coy. it's frustrating to american voters, something that donald

trump has been previously straightforward about. laura: let's take a listen to kellyanne con welcome to fbn:am, first look at morning markets, breaking news and what to expect for the day kellyanne conway. >> is president peña nieto lying? >> i think when he got in that day that he will build that wall an consistent on day one since candidacy and will have méxico to pay for it. his decision never changed on that side of the border or that side of the border. laura: how do you think trump's message on immigration should be shaped moving forward? does he need to come out and go over the 10-point plan and keep talking about the wall? >> he can't be cute about this. look, i made some mistakes that

i regret saying and i've changed my position because people will forgive a change of party and not hypocrisy. trump needs to say that the plan he put out before would hurt the middle class, he needs to focus on securing the border in a way that's realistic, méxico is not going to pay for this wall but if he were to move everybody out, it would be middle dallas would pay for it. laura: september is a sprint starting from here on out. we look forward to talking to you once again. thanks for being with us on this labor day, john. >> hold on to the handrails, extreme labor day weather rocking passengers in the middle of the ocean 100-mile gusts, who will hermine impact ter. that means you get to try as much as you want... ...of whatever flavors are calling your name.

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>> hermine putting millions more americans in the path of dangerous weather on this labor day. forecasters warn the storm is bringing severe rip tides and threat of heavy coastal flooding. hermine's path turned a bit unpredictable which might explain how crew ship passengers got stuck in the middle of the ocean with wind gusts over 100 miles an hour even though the captain try today steer clear from the storm on route to new jersey and bermuda. rocking knocked dishes all over the place and made a lot of people very seasick. rick is on west hampton beach.

>> not exactly a perfect beach on the last day of summer. pretty quiet out here in large part because the beaches are technically close. they are coming out here but the ocean is off limits so no swimming and certainly no surfing and there are life guards out there. the current conditions are in existences up and down the long island coast and the new jersey shoreline as well. hermine is now a post tropical cyclone so it's not a big as threat as it might be and 35 mills southeast and we saw a higher high tide unusual and tonight at 10:30 there could be coastal flooding so they are concerned about that and, again

the beaches remain close in essence. people are coming out here but not going in the water. they ordered an evacuation, voluntary evacuation of residents there because they were so concerned about the potential effects of the storm, they didn't want to risk people on those boats if conditions got really bad. a lot of people got off on island on saturday and sunday but lifted that order, you can now go back to fire island if you want on this last unofficial day of summer. it is labor day but here on the beach, folks are out and they're enjoying the day but they're not going in the water because it's simply not safe and things could get worse later tonight when hermine gets closer and high tide comes back. >> i'm going with the silver lining because it's not as bad as it was forecast to be as of saturday. >> absolutely. >> thank you. laura: donald trump reaching out

to african americans making his case at a church over the weekend. can he win them over or is it too little too late? a woman socker playing kneeling on national anthem before the match in support of colin kaepernick, president obama weighing in on the controversy for the very first time, panel debate next.

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laura: hillary clinton heading for ohio right now and she's doing it in her new campaign plane. traveling for the first time in a boeing 737 plane with her slogan, stronger together. featured in blue on the side and her h logo on the tail before boarding the plane she was asked what she thought of her new ride and she said, looks good, doesn't it? a modern version of the 737 known as the next generation 737 with the ability to fly coast to coast nonstop and also is wi-fi equipped. it has bells and whistles, john. maybe not as nice as trump's plane? john: so, you know, his is an older aircraft, different model,

but, you know, with airplanes they keep updating interiors. they're both very nice airplanes. i couldn't help but notice that hillary's plane has the blue accents that jackie kennedy first came up as the paint scheme for air force one. laura: okay. you're right. well, it is a pretty color blue. [laughter] have to love it. we will see what happens after it takes off. john: donald trump is stepping up push for minority voters, outreach taking him to detroit over the weekend where he met with members of african-american church. dr. ben carson, a detroit native and campaign adviser says he approves of the strategy shift. >> traditionally the republican

party has not made an extensive outreach to certain communities including the african-american community because they've written that off as democrat territory. donald trump is changing that narrative and is really starting to talk about this in a very serious way and i've had many discussions with him about it. john: sot critics see little chance of success.new york congg trump's effort to win over african americans lacks authenticity. donald trump has a career here in new york where he's never -- this is the first time visiting a black church and so here again you have what i think is a bait and switch scenario that donald trump is trying to put on and to, you know, in the words of marco rubio con the american people and in this instance con african americans. the record speaks for itself.

john: let's debate this fair and balance, war on caps and the washington examiner reporter. reverend pastor of memorial church in baltimore. welcome to both of you. >> good morning, john. john: to you first, we heard congressman meeks that the move by donald trump is bogus. was willing to give donald trump the benefit of the doubt in terms of outreaching to the african americans? >> one of the challenges that we have is we evaluate too quickly but in politics as in the dictionary what comes before who and so what is the substance of the outreach and how does his platform appeal address the issues that are affecting the african-american community, that we've not gotten. simply what we've heard what do

you have to lose and you ought to trust me which is good for crying out but doesn't do well for reaching out. john: heather, he was criticized in front of that economic council. it was a largely white organization and though he said things about detroit that some people wanted to hear, he still took criticism for it. is this the way appearing in front of congregation, is this a way to make amends? >> trump is the only person out in the campaign trail and in the white house who is talking about black lives matter and he gave a very powerful speech after the milwaukee riots in which he decried the loss of black lives including the loss of black children to the violent surge that we are seeing in america's inner city thanks to what trump call it is false narrative about the police. i can think of no more powerful

message that i recognize that the basic civil right that people in this country have a right to expect is to be able to walk to the store or to school without getting shot and right now thanks to this war on the police which trump has talked about, more black lives are being taken and trump is the only person talking about it. president obama dismisses the 90% increase in homicides in cleveland last year, 54% increase in hock sides in washington, d.c. this year, last year, simply as a blip in a few cities. i think trump has a right to make an issue with this. john: stay with us for just a second. we want to get your thoughts too on this. president obama weighing in on colin kaepernick controversy at the g-20 summit in chienia. >> he's exercising his constitutional right to make a

statement when it comes to the flag and the national anthem and the meaning that that holds for our men and women in uniform and those who fought for us, that is a tough thing for them to get past to then hear what his deeper concerns are. if nothing else, what he has done he's generated, you know, more conversation around some topics that need to be talked about. john: san francisco 49ers quarterback refuse today stand for the national anthem in the way of showing solidarity with the black lives matter movement. now athletes in other sports are joining him in protest, prosocker player knelt during the national anthem before a seattle match. he thinks the backlash of

kaepernick is racist and being gay she knows what it's like to hear the anthem and feel her liberties are not fully protected. heather, let's start with you because i know you have pretty strong opinions first of all in the black lives matter movement. >> it's appalling that president obama once again put the enormous power of the white house behind a lie. it is not the case that we are living through an epidemic of racist police shootings, in fact, the police are less likely to shoot black suspects and white suspects. whites and hispanics, greater percentage and hispanic homicide victims die than black homicide victims, but for obama to once again put his idea that the police that are the problem in inner city communities and not criminals is a gross distortion

that is again resulting in lives because officers are backing off of proactive policing. john: reverend we have seen in places like chicago when police back away from doing the job that is they have been, you know, hired to do. >> we are imposing the disinterest of doing their job. i served in the military to make sure that was there. we have now somehow said that colin kaepernick trying to express des cent, trying to push the country to be accountable is somehow problematic and justifies that some officers, some officers have decided that they're going to disengage in responsibility. it is appropriate for the people

as ms. mcdate of-- mcdonald will know being a lawyer, we have a civic responsibility to make sure that that is balanced. i agree that we don't want violence in our community, nor do we want unconstitutional policing in our communities and the question becomes as oppose to building walls, who is going to help build the bridges to get us into substantive dialogue to solve proplexing. john: heather mcdonald and reverend todd, enjoy your labor day. laura: after his early release from a sentence many thought was all ready too light, now two potential new laws in the works in california including one that would impose mandatory minimum sentences for sexual assaults

and rape, good idea? we will ask our legal panel next. when it comes to healthcare, seconds can mean the difference between life and death. for partners in health, time is life. we have 18,000 people around the world. the microsoft cloud helps our entire staff stay connected and work together in real time to help those that need it. the ability to collaborate

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john: markets are closed today because of labor day holiday but there is some action in other global market that is could have a impact on folks here at home, stocks in asia and europe rising after our disappointing job's report which many market analysts effectively killed off the possibility of september rate hike by the federal reserve. some strategists say the fed could still make a move by december, others think it will not happen at all in 2016. the fed has not raised its fed funds rate since last december when it lifted the benchmark by a quarter of a percent from near zero. laura: outraging continues to

boil days after convicted rapist brock turner walked out of county jail three months ahead of schedule. many people said was way too lineant to begin. protestors threaten him and parents, they're not happy and recall for judge that sentenced him continues as well. one would broaden california's definition of rape, the other more controversial would impose mandatory minimum sentences for sexual assault and rapes, aclu and other groups oppose this saying such guidance are unfair to minorities who often plead out to a defendant that can pay for trial. both are trial attorneys so good to have you here.

this is an issue that has obviously caused so many people great concern. many people are still trying to wrap their heads how the short sentence could have happened in the first place. we know there are efforts to change laws, which would allow for harsher sentences, why wasn't there a stronger law in the bookcase? >> the public opinion disagrees with the court of law, how does that happen, is the question. does the punishment fit the crime. i know people are saying judge have an early release, they're basically saying that notwithstanding the fact that he has judicial independence the legal tool box should have been differently. there was no force use, but without force -- laura: a woman was unconscious. >> didn't classify for mandatory sentencing. if it had the judge's hands would have been tied. even if he believed it was a

case he would want to grant probation, it was the law. that's no doubt what is going to happen here. laura: one of the things that comes up is racial bias in the case, recommended six month sentences due to sever impact due to criminal background, no background to speak of. racial bias in this case? >> i've seen it happen as prosecutor. i'm not trying to say that this individual judge was a racist, but the fact of the matter that this came from privilege, all the advances, education, opportunities to move forward in his life and he is being sentence today something the judge says it's going to have impact because of the great things he did in the life. what about the minority that doesn't have the same educational background or opportunity or he should get a harsher sentence.

i dealt with this as prosecutor many times. it's offensive to me that this woman was brutally rape, this judge, it's true, there wasn't mandatory sentence. the judge had the opportunity to sentence him up to ten years in jail and baited upon the family he comes from and background, you're basically with people with affluent background don't go to jail. it's disgraceful to me. laura: there's been massive recall to get rid of the judge while he launched a campaign to keep himself in play. you have congresswoman loretta sánchez going after him. what do you think should happen? >> this is a divisive issue. we want to qualify lawyers to become judges. it's tricky. you have to respect judicial independence. >> he should go and i'm going to tell you another reason why he

should go. to be sitting there putting a website together where he is trying to get the court of public opinion, rework in courts where we deal with law and facts that is completely outrageous and on that alone he should go. laura: thank you for your perspective. it's important to keep the issue out there. john: president obama in china for the g-20 summit of his presidency. why some of his meetings on the sidelines of the summit are making bigger headlines. we will also show you how some of star trek's original stars are celebrating 50th anniversary of franchise. they will live on and prosper another 50 years before taking his team to state for the first time...

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john: world leaders meeting in china for g-20 economic summit for discussing plans for global growth. while he is there, president obama is looking to smooth dip diplomatic relations with vladimir putin. live with details from washington, rich. >> good afternoon, john, president obama and russian president vladimir putin spoke for about an hour and and a half discussing potential cease fire agreements in syria and ukraine and cyber attacks. in an interview with politics, putin denies hack though he claims the release of dnc emails and documents was a service to the public. president obama would only acknowledge raising the broader issue of hacking with putin. >> i'm not going to comment on specific investigations that are

still live and active, but i will tell you that we've had problems with cyber intrusions from russia in the past, from other countries in the past. >> the president says the u.s. has more cyber capability than anyone though he wants to prevent an escalation in cyber warfare similar to the cold war arms race. for president says john kerry and foreign minister will continue negotiating over the next several days. earlier this year the two agreed to a syrian pact that quickly fell apart. president obama says given the gaps of trust that exist between the u.s. and russia, negotiations are difficult. also while in china the president bush today congress to pass the transpacific partnership. the president said he has yet to

hear a convincing argument against that deal. republican presidential nominee donald trump is opposing it, says the president and the administration poorly negotiated it, even the democratic ticket hillary clinton and tim kaine have reversed their support on it. john: live from washington, thanks. laura: the mission to go where no man has gone before began half a century ago. thousands of star trek fans now celebrating the 50th anniversary of the iconic series, 50 years, john, how can that be. many wearing -- dressing up as favorite characters. i wish john was there wowing the crowd. >> making me feel old. laura: do you remember?

john: i hope you are enjoying what is left of the labor day weekend. laura: outnumbered is right here after the break. see you soon. but with propane, you can live where you want and how you want. and since it's both clean and reliable, you could say propane is "man's best fuel." she knows what i'm talkin' about

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who's had chickenpox? scoot over. and look that nasty rash can pop up anywhere and the pain can be even worse than it looks. talk to your doctor or pharmacist. about a vaccine that can help prevent shingles. ♪ >> how about a little labor on this labor day. hope you're having a fabulous one. this is "outnumbered." i'm harris faulkner. here today is sandra smith. co-host of "after the bell," melissa francis. i like the sunshine earings, an democratickic strategist julie roginsky. today's #oneluckyguy, campaign veteran tony sayegh and he is outnumbered. >> no better team to labor with on labor day with all of you. julie: i don't want to hear about being in labor ever again.