yard line. >> the 49ers versus the los angeles rams. quite a moment. little did he know that would go viral. that fan had a number tattooed across his chest. it is noon on the west coast. 3:00 p.m. hillary clinton is still resting before coming down with pneumonia and now we are hearing how long it will be before she is back in the mix. and report and reaction from camp trump. also the latest fox news predictions how this could go and all of texas potentially being up for grabs? not so nafast. and you know the five second

rule. a new report shows whether it's safe to eat after the five second drop. seriously. get to it. shepherd smith recording live from the fox news desk. you might spay it's just what -- say it's just what the doctor ordered. hillary clinton's campaign rallied this long before her medical issues over the weekend. staffers still dealing with the fallout how it was handled. obama's high approval ratings could give hillary clinton quite a boost. >> anybody can fire off a tweet. everybody is a critic. but that doesn't mean you know what it's like to manage a global crisis. he spent most of his life trying to stay as far away from working people as he could and now he's going to be the champion of working people? >> critics have called out the

campaign for not being more forthcoming about hillary clinton's health. last night hillary clinton called into cnn about her diagnose. all this after showing her stumble as her aides were helping her into her van. clinton's doctors later revealed that she was diagnosed with pneumonia two days earlier. now her campaign is working overtime over the fact that she hasn't been more transparent. critics aren't dropping the issue, not yet. newspapers are running with it claiming that it's not the issue of her health but the secrecy part that matters. from atlantic today" it's not the cough, it's the coverup. and the headline here on the

"north carolina post" hillary, showing the game "operation." where is hillary clinton today and is she resting? >> reporter: well, shepherd, she is at home according to her aides, no photographs have been released of her, but she did call into a san francisco fundraiser last night by telephone. there were and 2,500 people who were slated to be there and then called into a cable news show, here is what she said. >> i probably would have been better off if i just had pulled down my schedule on friday, but like a lots of people, i just thought i could keep going forward and power through and obviously that didn't work out so well. >> reporter: hillary clinton's doctor told her to rest for five days. right now we know that clinton is slated to be at a dinner in washington d.c. on thursday night a national hispanic dinner

and on friday she's suppose today address a luncheon in washington d.c. as of now those are still in play. her husband bill clinton has traveled out to california to stand in for her at two fundraisers here is what he told cbs last night. >> it's a mystery to me and all of her doctors because frequently, not frequently, but rarely on one occasion over the last many, many years sort of things happen to here when she just got severely dehydrated and she's worked like a demon. >> reporter: clinton said herself last night in the telephone calls to the press an fundraiser that she had experience this kind of dehydration in the past. >> what about the so-called dnc calling for a replacement

candidate? it sounds like the kind of thing people shouldn't speculate on. >> reporter: we are told that there are no serious plans to come up with a contingency plans, however yesterday after a meeting with the dnc chairman, "now is the time for all good political leaders to come to the aid of their party. i think the plan should be developed by 6:00 this afternoon" now he's saying he was miss quoted by that. in fact the vice chair of the democratic caucus this morning had this to say. >> it was not a single question, single reverberation at all this morning. i think people understand that hillary clinton as great a woman as she is, is just that.

a human being. a woman. she's not a demagogue. she's susceptible to the same things we are all are, to the cold, to the flu, to pneumonia. >> reporter: and now president obama, michelle obama and vice president is planning to hit the campaign trail for her. and he indicated he will be doing more so in the next 60 days. >> thanks. donald trump is continuing to hammer away at hillary clinton after saying half of his supporters are a basket of deplorabl deplorables. instead of talking about her health it's either this a basket of deplorables or her pneumonia.

he called clinton's comments arrogant and divisive. >> well, my opponent calls you deplorable and irredeemable. i want a better future for all of our people. >> they say trump is a polar rising candidate. clinton says she regrets saying half of trump supporters are in the deplorable basket. but mike pence earlier said that clinton's comments were -- >> they're people that run businesses, members of the law enforcement, moms and dads and farmers. for hillary clinton to express such disdain for millions of

americans i think is one more reason that disqualifies her to serve in the highest office of the land. >> he also called her comments catastrophic. >> outside philly is where trump has a speech scheduled for this evening. i guess it's come to this, karl, it's all down there. >> reporter: pneumonia versus deplorable. not exactly. trump has been steering clear of hillary clinton's ill health. but, only rhetorically, in fact what he's been doing since she took sick, he has been pounding her horribly particularly on the deplorables. she is not out herself and the president is a pretty good proxy and tim kaine tries but pretty

much the way pence has a hard time fit sbointo the shoots of donald trump it is hard for him. trump continues to hammer it. his aides have made it very clear that while she's at home recuperating he has an opportunity to try to tattoo her with this perhaps indelibly, every single day counts. these are a crucial four days. >> he really needs women and tonight he's going talk about child care. do we know any details on what's coming there? >> reporter: there are a number of things that he will be talking about. this is somethi gun to talk about in the inner -- begun to talk about in the inner cities. he would kwcreate a dependent

savings account to put money away for tax deduction and use it for child care or elder care if you have a senior in the house, it's a way to save money. there would also be a child savings account where families could get tax deductions for virtually every single child expense, that, too would be tax ded deduct deductib deductible. it's expensive. and he would make maternity leave paid for six weeks and essentially change unemployment rules so some of that money could be used to provide maternity care for mom on six weeks of paid leave. this is a lot of social spending. a lot of very good social programs that people are going to think wow, that's great for me, my neighbors but not for the

budget and fiscal conservatives in washington have been against it with shut down politics and fiscal cliffs it is hard to picture social spending, but trump is bringing his daughter along, particularly child care issues, very near and dear to her and there's a distinct possibility that she will not just jump on the stage and wave but will make some remarks tonight. -- a drug induced coma after having a stroke. perez is the prime minister. won the no bell peace prize. and in 2012 he was warded with

the presidential -- freedom. he is on a respirator after a stroke and in a drug induced coma. which state looks solid for trump or clinton and which ones are up for grabs. both are dealing about transparency. monday night football is not. the guy in the red shirt is beating his chest, he made you laugh and how you're going to love kevin har land whether you know it or not.

hillary clinton as you probably heard is still in the lead with 273 electoral votes. three more than she needs to win at this point already but our analyst say that the race is getting closer. we still have south carolina and texas, others have called them leaning gop or even toss ups. donald trump is also under fire for his medical release and that he has not released his tax returns. does this effect one candidate

over the other? we have live with us from the rotunda place. does he take hits for this or do the people listen. >> reporter: when you're talking about the bases on either side they're both going to point to the other side and say the other candidate is way less honest and way less trustworthy. when you're talking about something like health issues and releasing health records or tax returns it is sort of unclear whether those issues have a lot of juice to move the polls but in secretary clinton it feeds into this narrative about her that she has secorecy and makes it harder for her to reverse the numbers and poll after poll

americans saying they don't find her trustworthy. i don't think they're going fo find -- to find many voters that are saying they're not going to vote for donald trump because he hasn't released his tax returns. >> you would think a basketful of deplorables would care about that -- >> reporter: i think we have seen a number of trump supporters sort of wear a badge of honor with her criticizing him that way, but they find themselves to say yeah, i support donald trump and hillary clinton doesn't support us, those are the type of voters that are not going to care much about the tax returns. >> is there any evidence that people are becoming so turned off that large chunks of them will abstain? because the conventional wisdom

is if many, many more abstain that is good for donald trump. >> reporter: i think that's the real question not which way they will go but will they actually not show up at the polls because of the issues. you have heard donald trump, mike pence say voters don't care about his tax returns meanwhile you have the clinton came pain say yeah, we didn't handle this well and weren't as forthcoming as we needed to be and they're going to release more medical records so you see them saying we need to be a little more up front and honest and i think you don't want voters to really instill in themselves that she's not honest and trustworthy because that might drive people who might otherwise support her to donald trump. >> tell me what you know here,

dr. oz will not ask trump questions he does not want to have answered. >> reporter: i know that you know that dr. oz said that's part of the agreement for him to come on the show that the nominee doesn't want to talk about. that's a real problem for donald trump. secretary clinton wasn't forthcoming about her diagnose, there are questions about her willingness to release information about herself but her campaign said she's going to do that and if they release a really comprehensive medical history and if donald trump goes on the dr. oz show and doesn't talk about his history, the question comes why isn't donald trump releasing the information that hillary clinton is? and that turns so far what is a positive issue for him to one where he is on the offensive, i think they're going to need to be more forthcoming not just

releasing information from a physical and saying that's all the information they can get. >> some heavy days coming in the gutter we find ourselves in. taking on trump, 16 tried and failed. just ask jeb bush, a look at both candidates and the strategies, just weeks from the debates.

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and it starts with foster farms simply raised chicken. california grown with no antibiotics ever. let's get comfortable with our food again. how does a forever politician like hillary clinton compete with the unconventional outsider like donald trump? a strategist told the wall street journal that she should take notes from the primary

notes. they eventually went into an attack mode against the millionaire but seemed to backfire after trump pushed back as he promised he would. letting other democrats going after donald trump instead of doing it herself. there was some evidence in the primary that that can be effective? >> there was. that's true. and the problem is that it's a difficult strategic choice. you run the risk that donald trump sucks the oxygen out of the room, sets the agenda and the tone or go directly after him where you're sort of playing his game his way and if marco rubio row and jeb bush thought

they could do that -- it's not really her forte and what people expect of her. >> was the president ready to do that today? >> he spent a fair amount of time going positive for hillary clinton as well as going after donald trump. the roll as the vice president is to be the attack dog. they're not rising to the bait, but there are other voices in the democratic party elizabeth warren seems to relish going after donald trump. this has been a period where trying to create a more positive policy focus message for her and going after donald trump and gotten their feet wet on both sides and i think they have to

make a tra stee j-- strategic e. there's a point beyond which voters don't like too much negativity. i do think that donald trump has provided a lot of thought or material for a campaign ad and hillary clinton has built up a pretty big war chest in the next two months which can be a very useful way to remind people about donald trump without having the candidate do it he herself. >> from the wall street journal, thanks. >> happy to be with you. >> they did not get many answers after witness after witness pleaded the fifth, plus a new

investigation into how much donald trump has given to charity. ahead what reporters found and why his campaign ward, not to believe a word.

a fox report and update. i ran th-- thetens to shoot dow two u.s. planes. they ignored warnings, pentagon officials say it is becoming more common for iran to attack in the persian gulf region. a navy spokesman called the

action by i ran unsafe and unprofessional. world powers greed to lift billions of dollars in punishment if they push back their nuclear -- back right after this.

a lot of questions and few answers on capitol hill today about the hillary clinton e-mails. a few flat out refused to testify and pleaded the fifth exercising their right against self-incrimination and the aide who helped set up the server didn't even bother to show up. his attorney is saying he's asserting his right not to testify. >> reporter: the ip staffer pagliano was a no-show.

the decision to defy congress will have consequences. >> when you are served a subpoena from the united states congress that is not an optional activity and he's not here today. >> reporter: his attorney and democrats said the hearing was driven by the republican agenda to keep the e-mail issue alive to further embarrass hillary clinton and the witnesses. pagliano pleaded the fifth as well as others, they deleted the archive despite a court order to preserve the records. >> what did they learn? >> reporter: they heard from a long time aide to bill clinton, he used a hammer to destroy two of the blackberries, but testified it was not an

intention to destroy her e-mails. >> no, it was not in any way to destroy or hide any information at all. i couldn't speak to any information that was records. i was going out of my way to preserve all of the information that was on those devices. >> reporter: while 2,100 e-mails contained classified information, couper had unfetered access to the server. >> did you have security clearance at that time? no,dy i h-- i did not have secuy clearance. >> did you have clearance after that? >> no, i did not have clearance. >> reporter: all the remaining fbi summaries from the clinton e-mail case. there was a testy case last

night over what the timeframe would be, the committee wants it before the election, the fib suggests that might not be possible, shep. >> thank you. a lot has been made about the clinton foundation recently today a washington post newspaper is looking at the trump foundation, trump foundation was to give other people's money under his own name. tax records show trump has not given any money to his namesake foundation, and taken millions from donors and giving it away under his foundation's name. the post reports after contacting 300 charities, they found one for less than ten grand coming from his pocket. after the donations made this

year outside the foundation he gave $1 million during a tv fundraiser tonight he skipped the fox news debate, also $100,000 to a church after a flood ravaged area in baton rouge. and it was stated that it is not true at all and that they will continue to correct the record. hello, trace. >> reporter: hello, we don't know if trump has given my money to his foundation -- any money to his foundation this year or last year, they have not returned calls, but the washington post says between

2008 and 2014 donald trump gave nothing. they said the reason the rich start their own foundation to begin with is to giveaway their wealth but the trump cap campaign is saying it is not true. saying that he regularly makes contributions and causes of his choosing, they did not give specifics but we already mentioned a million trump gave to vets and 100 to flood victims but eight years before those the post says he gave less than 10,000. and said it took more than it gave and violated tax laws by getting a ten thousand dollars football helmet and $20,000 painting. mike pence has been out defending him.

>> anyone that knows about donald trump and his career knows this is a man that has given away millions of dollars throughout the course of his business life. >> reporter: of course the post disputes that. trump's tax returns would likely have more information about his charitable donations but so far he has not chosen to release those. >> one of them next year will be the president of the united states, trace. >> reporter: yes, they will be. >> caught degree something really bad, the big bank pays a fine, but life goes on for top executives, wells far go is at the top of the scandal for secretly creating millions of bank accounts with customers knowing about it. certainly they didn't give permission even charging fees on the phony accounts. that's the talk on capitol hill

today but will lawmakers protect customers from shady practices or should we use history as our guide?

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this... or this. and back to being yourself. introducing new aleve direct therapy. find yours in the pain relief aisle. a cargo plane carrying tons of fuel made a crash landing. what happened? the microphone, you need that? i forget. >> reporter: everything was okay, three people on board the pilot, copilot and technician, you can see the smoke coming up, some sparks, it was carrying fuel but everybody was okay which was very, very lucky. it happened in the -- mountains. >> where? >> yes, i practiced that as you were walking out. >> over in idonesia >> over in idonesi the left gea

popped off and they left it behind on the runway. you can see this big crack over on the side of the plane. everyone is okay, you definitely don't want sparks flying when you're carrying all that fuel. >> they're lucky. >> reporter: yeah, they are. >> a lot of friction comes from that. >> reporter: yeah. >> we'll have a lot of that in oxford this weekend. think about this you hand over your hard earned money to bay bankers, feds say employees at wells fargo took money out of the customers knowing then charged the same customers fees for the accounts the customers didn't even know they had. don't banking customers pay enough fees on their legitimate accounts seriously? feds say 2 million accounts are

involved. by the way, all of this is legal. another layer to the story, it should be illegal, lawmakers are asking the ceo of wells fargo to answer questions that led to the largest fine a federal agency has ever charged. now reports that other banks may be using similar tactics. adam shapiro is here. >> every time you get a -- they dismiss a low level employee and. >> reporter: absolutely the federal regulators said it was legal. they have been firing people at wells fargo since 2011 so it raises the question if you knew this was happening and you were firing people, what did you do to stop it? that question they have not answered but did pay the

$185 million fine but they neither admit nor deny they did anything wrong. let me read a statement. at the root of this was to set sales quota and sales incentive for the average employee. they have eliminated that according to the ceo, we want to make certain our customers have full confidence that our retail bankers are always focused on the best interest of customers. he's going testify before the senate banking committee next tuesday, wells fargo was firing employees for doing this going wac to 2011. so, what did they do to stop it? then there was the person who was in charge of all of this. she was in charge of this section to haof the bank. she's retiring after earning

about $125 million. the bank can take the compensation back. we called wells fargo and ask if they were going to do that and they won't comment on it. the next what about about other banks, are they doing it? the feds say they don't see a systematic problem, they won't tell us if others were doing it happ haphaza haphazardly. >> we should open a bank. there's room in the market. >> you're too honest. >> i don't know about that. good to see you, thank you. >> you know that five second rule that dictates whether it's safe to put food in your mouth after it hit the floor. well, scientists actually dropped a lot of food on the floor and then tested it. the comments require kennedy comments so she will next. ar

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ever drop something on the floor and pick it back up? a new study from rutgers university shows the type of food and the surface it falls on really matters more than how long ago you dropped it. can you imagine? the study says everything from watermelon to bread and gummy candy. and found foods with a lot of moisture like watermelon have a much higher risk of germs. you also have the best chance of keeping your food bacteria-free if you drop it on a carpet. because it's carpet. kennedy is the host of

kennedy in the evening. >> you have me here because it's very important. a lot of us have lived by the five-second rule since our infa fan fancy. and when mom says you have five seconds to pick it up, we thought we were boosting our immune system. it is true, the wettest food such as watermelon that has a high water content, because the word water is implicit in its name, that's the greatest sponge from bacteria. you can drop that, pick it up a half second later and you would be loaded with the kind of filth to land you in the hospital for weeks. >> it is so bathroom. >> it is so bathroom. if you want to boost your immune system, eat on the floor of a men's urinal twice a week. >> twice a week? >> bacteria doesn't have legs. they are not scurrying around looking for drop morsels. they are attracted to the wetness, but who wants to eat food dropped on the carpet? >> not i. >> no, exactly.

that's why you don't get sick from it, because no one eats the piece of toast that has fallen on the shag rug. sometimes things are so awesome that if you have a television program you must share them. welcome to that time. last night monday night football was boring, so thankfully this happened. >> san francisco's secondary has run out on the field. some goofball and a half in the red shirt. now he takes off the shirt, he's running down to the 50, now to the 30. now he runs the opposite way. he runs to the 50, there he goes, the 20. they are chasing him. they're not going to get him. waving his arms bare chested, somebody stop that man! oh, they got him! they tackle him at the 49 yard line. that was the most exciting thing to happen tonight. >> that was a great call on your

part. that was a great call. >> all right. i'm ready for the last 1131 now, kevin. let's go. >> look at the police. they have surrounded this man like he's -- like he -- like he's robbed a bank. i hope it was worth it, my friend. because you have a night in the clint coming up. >> remember streaking? >> that was in the '70s. >> exactly. but now there's no more streaking thanks to isis. >> it is all isis' fault. look, he has his phone number on his shirt. i'm rarely so move d. >> chip kelly not impressed by that. >> no. that was a great call. >> he's the new makayla maroney.

>> oh, my god. can we see it g open? just a little bit, right off the top. they sat on him at the 50 yard line. >> here comes in the secondary. hey, somebody has ran out on the field. some goof ball and a half. >> some goof ball and a half. >> he's running to the 50, down to the 30. he paints his chest, he runs the opposite way. he runs to the 50, to the 40, the guy is drunk, and there he is. to the 20. they are taking him -- they are not going to get him. waving his arms bare chested, somebody stop that man! they are going to get him. they are coming from the left. oh, and they tackle him at the 40 yard line. that was the most exciting thing to happen tonight. >> i tell you what, that was a great call on your part. that was a great call. >> all right. i'm ready for the last 1131 now. >> look at the police. they have surrounded this man

like he's -- >> a bank robber. >> like he -- like he's just robbed a bank. >> i tell you what, he got a whole laugh in. that was pretty good. i expected him to go down much sooner. >> yeah. i hope it was worth it, my friend. because he's got a night in the clint coming up. >> colin kaepernick is going to donate one of his jerseys. >> were you watching? >> i was not watching. >> it was otherwise not watchable. it was no giants/cowboys. >> that was a great game. didn't know what was going to happen until the very end there. >> the nfl end bowl. jack prescott and eli manning. eli football manning wins the day. >> at least one of them has a play. >> kevin harmon, you are my hero. i will spot you a lama for the performance. this is the man who ran on the field a moment ago. he apparently wrote a phone number on his chest.

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on this day in 1789 congress officially authorized the very first national election. there was no serious opposition against george washington, obviously, but at first washington himself apparently was not convinced even he wanted to run. in the beginning only white men who owned property could vote. they chose electors who picked a candidate. john adams came in second and won the vice presidency. amendments to the constitution have since expanded the right to vote to anybody 18 and older. and we still have that electoral college thing. but our presidential election system got its start 227 years ago today. we have come a long way, baby. just not sure where we are. should news break out, we'll

break in because breaking news changes everything on fox news channel. and we are bored in its absence. the dow is down in a big way after being up in a big way yesterday and being down on friday. so look tomorrow. all right. well, shep pointed out we have a down day today, a big down day. what if i told you a variety of factors in play, including political development? take a look at the new york post cover that concerns the health or concerns therein of one hillary clinton. then there is the issue of oil slip-sliding away. then there is a citigroup report that has the audacity to say donald trump may be able to win. donald trump is now a 35% possibility of getting lengted preside elected president. and those are some of the highest numbers the race