it's great to be back on the campaign trail. i'm not great at taking it easy even under ordinary circumstances. with just two months ago until election day. sitting at home was pretty much the last place i wanted to be. >> welcome to the journal editorial report. hillary clinton returned to the campaign trail thursday following last sunday's disclosure that the democratic presidential nominee was suffering from pneumonia and with the first presidential debate a week ago, she has her

work cut out for her. polls show donald trump continuing to gain ground. the latest fox news poll shows the race in a dead heat nationally with hillary clinton leading donald trump by just 1 point among likely voters. joining the panel this week, columnist and deputy editor, washington columnist, assistant editorial page editor and best of the west columnist james. kim, i know you have a very hard time taking it easy. why do you think donald trump is catching up to hillary clinton? >> first, hillary clinton has had a miserable three weeks. we have other a torrent of information coming out about the clinton foundation in unseen e-mail that involve ethical questions and pay to pay scandals. she had her collapse on sunday which brought up her health

question but the team, the way they handled it, whether or not she is stwrat the public. and her comment about the baskets of deplorables which is not sitting well with a lot of americans. at the same time donald trump has had a very good three weeks. >> kim's analysis which i share seems to be that it is hillary clinton's weakness, not so much donald trump's strength. that's what i see in the polling. trump can't get. above the low 40s but hillary clinton has come down to him. >> i think it is a combination. it seems we all underestimated trump's ability to adapt which he has shown us in the past few weeks. he has not said anything outrageous or stupid since the middle of august when he made gomt the second amendment. so i think trump gets some

credit is that mrs. clinton has less of a range of behavior and is a worse candidate than people remembered. although we should have reynold it from 2008. >> the scripted trump, the more restrained trump, effective. taking your advice. but here's the problem. it is disagree james a little bit. because when he went off script on that commander-in-chief forum, that's when he said, i'm all in for putin. great leader, better than president obama. i don't like the system but has his advantages. that was an unscripted moment and that's when he gets into trouble. >> let's look at the progress. first it was fixing the set speeches where he is now doing a disciplined structured argument. next this issue of when he gets on an adlib. is he going to wander all over the place and end up some place

dangerous? we did see improvement when he was at the new york economic club this week. really reaganesque in terms of -- we'll talk more about it. in the q & a afterwards, that's where you're seeing improvement. it was a little meandering. he was wandering around a little but there were no big gaffes and it was generally staying on the message of economic growth. >> let's talk about the health issues. now both candidates have issued new documents spxt enough to put this to bed is this. >> i think in trump's case, it probably. is he put out the data on his physical ask a lot of television stations were rolling through the number. his blood pressure is 116 over 70. his lipids are under control and everything else appeared to be normal other than his weight.

i don't know how much further you can push that issue. hillary clinton is under incredible stress and this awful event that happened to her last single, tried to put it behind her. the expense the public has that she is not quite giving us the straight answer. >> the question is this release that was put out by her doctor, going to be sufficient? or should we want more health care evidence from both candidates? >> certainly the two-page letter from the doctor was not enough. what did it was talk about the reason illness, the pneumonia and it had her vital signs. we have gotten very little about her neurological health. >> you want to know that? >> i think we need to. since she injected it by using it in part to avoid answering questions about her e-mail. talking about the concussion.

this history of documented falls. she is not that old. this is not just about last sunday. why did this happen? >> trump is 70. i know he looks healthy but the truth is at 70, things happen. i would like to know more about his history. i would like an independent set of doctors to go many and look at both their health records and say, yes, what the doctors say is accurate. what do you think? >> i want to point out on this letter from mrs. clinton's doctor, it was claimed that she has noncontagious bacterial 92 moan i can't. i e-mailed my doctor and said is there such a thing and she said i've never heard of a noncontagious pneumonia. maybe they're saying it because she had that photo op while she was trying cover up her 92 gleen in which she touched a little girl. she exposed a little girl to a infectious disease for the sake

of a photographic moment. that's sociopathic. >> okay. let's talk about, donald trump is trying to take advantage on the campaign trail. >> the liberals aren't giving up. they think this is a good debate, this gets national debate on some of trump's unsavory supporters. what do you think? >> i think that's a mistake. the reason that donald trump is pushing this so hard is because he understand that's one of hillary's main campaign themes. she's been saying i represent the underrepresented. i am one of you, the elitist. here you have her talking, basically writing off half his supportes. blue collar workers. people who have not been to college. it undercuts herself and that she is the sort of person to

help that segment of the voting public. >> thank you. when we come back, a new batch of swing state polls spells more trouble for she regain her post convention momentum? >> i love the people of ohio. we just got some good news. we just had some polls come out. i'm in. ♪ ♪ one, two, - wait, wait. wait - where's tina? doing the hand thing? yep! we are all in for our customers. ally. do it right.

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i keep reading this analysis that trump has support from working folks. really? this is the guy you want to be championing working people? this guy who spent 70 years on this earth showing no concern for working people. this guy is suddenly going to be your champion? >> that was president obama in philadelphia had weekend in his first solo veent behalf of hillary clinton.

part of the surrogate surge. in homes of shoring up the swing states. the latest quinnipiac poll shows clinton's lead over trump has been cut in half. from 10 points in august to 5 points this month. one of several battle ground states where the polls are tightening. showing donald trump in the lead. john is a republican strategist and was a senior adviser to form he pennsylvania senator rick santorum's painful you were saying this is possible. what do you think is behind this trump surge? >> two things happening. hillary clinton has had two or three really bad weeks. controversy with the foundation. we saw it demonstrated last weekend. i think the movement has been because of changes donald trump

has made. i think that frankly, i have to give a lot of credit to the people who came in and are now running his campaign. they seem to coincide. he seems more presidential. there is a lot of people who were voting for hillary even though they didn't want to because they didn't see trump as a viable alternative. for the first time they're seeing him as an alternative. this means instead of donald trump having one path to victory, he probably has about three different paths to get on 270. >> you mean in the electoral vote count. the field has expanded. i talked to republican who's said when trump was having his bad patch, the bottom fell out of his support in the counties that you know so well, for example, in philadelphia. around philadelphia. that are a republican has to do pretty well to win the state. that has come back. is it because he's looking more

presidential? and how important are those counties if he is got go win the state? >> well, pennsylvania as a state is a very parochial state but not a very home genius state. you have relatively moderate republicans in the east. that's where his achilles' heel has been so far. his policies, this week did he a big speech on childcare. put out his initiative. where did he zmoit delaware county, pennsylvania. who is he targeting? obviously it is white college educated moderate women in that region as well as the rest of the country. i think they're being very smart strategically as far as initiatives. but also his tone or tenor has changed and i think that is very helpful and part of the reason for the movement. >> all right. he is still trailing in pennsylvania in the latest poll by five.

he has already caught up in ohio and in florida. pennsylvania is a more democratic state at the presidential level than either of those two. would you agree with that. >>? absolutely. let's put in it perspective. a republican hasn't won for president this pennsylvania since 1988. so it is an up-hill battle. he is also getting ennews in places like michigan, colorado, iowa, nevada. even if he doesn't win pennsylvania for the first time, it there are other viable options and paths to get to 270. >> what do you think trump ought to focus from here until the end of the election if he wants to pick up these swing states many marchly i'm thinking michigan and pennsylvania. even if he picks up iowa, romney in arizona, he has to pick up one of those two.

my belief is that this is not about hillary clinton anymore. her numbers are baked into the cake as we say. people have known her for 24 years. whatever you think of her, you do. what he has to do to chose the sale is have people have some confidence in him on a personal level. for example, i think he should be featured in all his ads. instead of being krifk hillary clinton, i think people want to get to know and trust him. there are a lot of people who have an unfavorable opinion of hillary clinton other are yet to be voting for trump. >> so they want to know that donald trump is someone they could feel comfortable with in the oval office. they know it is a risk because he is an unknown. they want to see, okay, i can get my head around listening to that guy in the oval office and think he will be competent in the job. that kind of fundamental comfort level you're talking about. >> i call at this time cocktail

party test. they want to go to the neighborhood party or the country club and say yes, i decided i'm voting for donald trump and not get bad looks. >> maybe they won't admit that they'll vote for him. there is that phenomenon out there. >> i think that's true. in pennsylvania, donald trump won 67 of all the counties in the primary. that usually doesn't happen. >> what i'm hearing you say is he has to speak to the american people on a stage and sound like he can hold his own. >> i think if he acts like a prosecutor there to skewer her. i think if he can be critical but in a way people don't find offensive, i think that's beneficial to him.

>> when we come back, the battle for the senate heating up. republicans are growing more confident. you both have a perfect driving record. until one of you clips a food truck. then your rates go through the roof. perfect. for drivers with accident forgiveness,

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. a look at the past for the senate where republicans are defending 24 seats. democrats had high hopes of taking control of the chamber. with incumbents like marco rubio running strong in the latest polls, things appear to be up for republicans. we're back. dan, what is behind this republican comeback in the senate? >> it is hard to see anything other than it reflecting or the

tightening at the presidential level which is neck in neck. virtually all these senate races have gotten tight. in most cases, the republican is the one out by about five points. wisconsin, finegold, the democrat, is bonl 3 opponents ahead of ron johnson who was thought to be a goner. rob portman is up by maybe 18 in ohio and i think what's going on is the electorate is this coming to grips with what's going on at the head of the ticket. it will be at the top of the ticket. >> no question, kim, when you look at what's happening with trump going up, it is helping those candidates who are ahead of trump sometimes by substantial numbers. but they can't make up a

10-point trump deficit. when trump closes the polls in ohio, then portman really surges. >> it is absolutely going to be key to whether the republicans can hold the senate. i would add when you talk about overperforming in these states, one of the reasons republicans have a better shot, even in these tough odds is they have a really amazing crop of candidates who are running very good campaigns as well on issues that really matter. you look at pat toomey in pennsylvania. on national defense, issues resonating. kelly ayotte in new hampshire. also national defense but she's made a big issue about opioid abuse in her state and talked about what she's done to fix it. these are very good candidates running good races too. >> i agree with kim entirely. a very talented group of people

who are helping incumbents. >> talking about indiana, the form he governor, evan baye and they thought they had it in the bag. >> indiana is an interesting one. it wasn't on the map of contested races until recently. dan coates is retiring. and he is running into some trouble because of his votes in the senate including for obamacare and also because there's some question of whether he is even from indiana anymore. he's been working in washington. that voting record before 2010 is crucial. he didn't run for re-election which was a dreadful year for democrats. in part, i think, because he was probably tired of the senate. i could get tired of harry reid, too. because those will be tough votes. he voted for the stimulus, for

obamacare. >> right. and this is one of those races. b he has some bad votes. he came in with a lot of money. but generally what we're seeing is the story would be republicans have some really strong candidates. how big a drag on the ticket will trump be? now trump pulling even. the possibility? maybe he even gives them a lift. all they need is for him not to be a big drag. >> don't cash in your chips yet. >> a lot of time left. and trump could have troubles and take senators down with him. florida, ohio, both look like rubio and portman will win

those. not certain. >> in north, marco rubio has the florida republican party completely behind him. they're out working for him. same thing in ohio which is even more interesting. the republican national convention party has been working for portman and not so much for trump. the republican party will go all out for donald trump in the thr turnout for him. >> any other state you're hook at? >> the hinge. there are mixed results in polls. if ron johnson hangs organization as i good night for republicans and nevada is another one. harry reid's seat. the only possible republican pick-up. >> all right. thank you very much. trump's economic agenda. he is behind 4% growth and 25 million new jobs. can his policies deliver on those promises? and how do his proposals stack

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>> that was donald trump thursday at the economic chuck of new york hillary clinton's economic policies and promising to pusher in a new era of economic prosperity. trump says his plan to cut taxes, eliminate regulations and revamp trade policy will lead to an annual growth rate of more than 4% ask add 25 million new jobs over the next ten years. 4% growth target. 25 million new jobs. a tall order. too much? not too much. >> we have to then used to a 1%, 2% obama gdp growth. it doesn't have to be that way. jeb bush also promised 4% economic growth. what is good about this is it sets a framework, it sets a priority for what this administration will be about and which everything else that donald trump then proposes could

go around that in terms of regulation, in terms of the tax code, other ideas. so it was a very positive speech that way. >> with a do you like about this speech? >> it is ball growth. it makes the united states much more competitive. riot now we have the highest tax rate in the industrialized world. it is up to 40 when you count state and local taxes. he is talking about moving that federal rate to 15. down from 35. so we go from the highest to among the most competitive. we're still not at ireland's 12.5% but we're better than any of our big trade competitors. it was the biggest applause line at the speech in new york this week. getting a corporate tax rate that's competitive and makes people want to locate their business in the united states.

>> individual tax reform. he put in a cap on deductions for the first time. a couple hundred thousand for couple that's they can deduct. that will deduct the man. anything else? >> i like that he's talking about regulation and doing things on pair back regulations which is part of the growth agenda. the nice thing about the 4% is the top lien number and all the policies have to be directed toward hitting that high growth number chug regulation. my problem is, that in that speech, he also went after trade as he always does. he is talking about punishing american corporations for moving out of the united states. if he was able to do some of those things, could it knock off a lot of the gains he would get. >> in particular, if you say, as he did. i want the united states to be a mecca for capital from around

the world. then you say, yes, by the way there will be a tax on you for your exports. or you won't be able to bring in your inputs in the global supply chain. most american companies now have. except at a premium price from competitors. >> that might make it look a little dangerous. >> there's no question that that. so hillary clinton's man. directionally, trump and clinton very different directions in a lot of these policy areas. >> that's right. clinton's man is no more sophisticated, if you like your economy, you can keep it. if you like the past seven years, you have a lot more to expect. it is basically in addition to raising taxes on the wealthy. also a cradle to the man of childcare is that free college and a $300 billion infrastructure blowout. it is the progressive full service. >> yeah. >> you get tax increase with

clinton. it looks like half a trill over ten years. it says it is closer to $10 billion increase. but the big part, this is a big contrast with trump. in the new york times saying, there's no sim miss at this at all. a lot of loopholes. some of the wealthily will be able to enjoy lower taxes. and i'm guessing the clinton foundation donors will be among that group. just like four years ago with romney, this is a tax cut for the wealthy and for donald trump and his pals. and the question in my mind is, how well is trump going to be able to deflect that? certainly mitt romney didn't succeed. can trump fight back?

he hand turned over his tax returns yet so we don't know what he pays. >> it would be useful if did he. or maybe not. perhaps that's why he's not turning them over. i think rhetorically trump will have a better chance at deflecting this. he is not ashame to have made a lot of money and he is someone that is very proud to go out and talk about wealth creation and giving that opportunity to everyone. for starters, that is already a better line. the shrewd tax manls that he can use to deflect some of the criticism that hillary clinton will throw at him. >> all right. thank you very much. still ahead, donald trump unveiled his new childcare man to attract suburban women. they helped him chose the gap with hillary clinton with those swing voters. >> we don't need someone who rushes out a half baked man just weeks before an election, after

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we need working mothers to have access to quality childcare. a half century ago most women were still not in the labor forceful. >> donald trump outlined a set of proposals this week that he sles help working families including six weeks of guaranteed paid maternity leave and expanded tax credits for childcare. mr. trump accompanied by his daughter ivanka, unveiled his plan tuesday in aston, pennsylvania outside philadelphia in a chance to win over a key group of voters, suburban women. what is most important thing on take away? >> we have six weeks of paid

maternity leave through unemployment insurance ask a large tax dedukes write off the average cost of care for couples earning up to $500,000. as policy it is wholly bad in driving up the cost of childcare. >> why? it is a subsidy for childcare? >> it is. and there's a broad expansion of the earned income tax credit. what would. would end up doing is putting a company in a poverty trap where they cannot earn more in wages than they will lose in benefits. >> because the benefit here would phase out as your income rises. so as you go up the income ladder, then these phase out and you face a big tax cliff that is hard to overcome and can be an incentive for people not to work. >> right. which is not a pro family policy. >> how does this contrast with what hillary clinton is proposing? >> she is proposing limiting

childcare expenses to 10% of the income and she has release nod details on how she will do it other than pro claiming it will happen. she has had promised raises for childcare workers. again, very few details on how she would give them raises. also an increase in funding for head start, initial pre k-. so in the bidding war, if that's what this is on childcare six dis. she is way out this. trump -- republicans, we've been at this a long time when we see republicans try to go, to copy democrats and expanding government. it doesn't boring out well. >> it doesn't. we talked about the trump plan being about growth and simplicity. this is asterisk. these change for childcare do nothing for growth. they make the tax code more

complicated. also, the special accounts where you can put money, for children or elderly people to take care of them. these creations, medical savings accounts, 5.9 for college. you need these when you have high tax rates. if you bring the tax rates down, you don't need all these little carve outs. it is at odds with the rest of his man. >> how you pay for this is fascinating. trump says he will do it through unemployment insurance. hillary's is in the family act introduced by senator hill brandon. pat toomey is ramming it down their threats saying it includes a new pay roll tax. >> so trump's policies are not as bad as that but it is a new entitlement. >> it is. no question about it. and toomey shows you can run against the family act idea.

and trump is making it difficult for people to do that. >> the trump campaign figured we're not doing well enough among republican women, college educated women. we have to try soften our image and that's why this is politically potent. >> it is not as effective as it could be they are try it worry about this particular group of voters but there are ways to get message across that are far more consistent with conservative principles. trump needs to talk about the 1%, the 2% is the main reason why families d enough disposable income on take care of childcare expenses. we heard that clip where he talked about that women suffer under outdated laws. that is absolutely the truth. what he should be out there talking about is instead of proposing greater bigger government talking about getting rid of the problems we have, obamacare, et cetera, which disproportionately hurt many women and also take away their

ability to pay for childcare. >> you don't see him laying out a man for what he would do to replace obamacare which is something that would unite republicans and probably affect a lot more americans than this particular childcare proposal would. >> i can only assume it was not one of ivanka's priorities. he's been very clear that this was a driving force in hague out a childcare plan. and obamacare is more complicated. it requires a more sophisticated analysis and republicans are not particularly in agreement on how to deal with it. >> the house republicans have come out with a man. he could endorse. when we come back, chicago reaches a grim milestone. more than 3,000 shootings since the beginning of the year. remember here at ally, nothing stops us from doing right by our customers. who's with me? i'm in. i'm in. i'm in. i'm in. ♪ ♪

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. a grim milestone for the windy city. more than 3,000 people have been shot since the beginning of the year. that's an average of one shooting victim every two hours in the city. where eight people were killed and 35 wounded last weekend alone. my next guest says chicago is the country's most glaring example of the ferguson effect. author of the book, the war on cops. how the new attack on law and order makes everyone less safe. welcome back. >> thank you. so what's going on in chicago? >> the police are backing off and criminals have become emboldened. chicago demonstrates what happens when cops under the

false narrative that they are trying on maintain order in high crime areas, decide not to engage in what president obama calls racist policing. they're driving by people on known drug corners who are hitching up their waist band at 1:00 a.m. and not getting out of their cars. when they do get out of their cars, they're routinely surrounded by hostile jeering crowds, cursing at them, sometime throwing things at them. besides that street level animosity, they're operating under this pervasive fair if i have has been promulgated by president obama, echoed by the media and of course, put out there constantly by the black lives matter activists that the police are engaged in some homicidal shooting spree against blacks. all of which is participantly grotesquely false. >> you've

eintervene, but the activists. preemptive kind of policing, and patrolling.

that has worked so well, for example, in cities like new york. but here's the question that puzzles me if this violence is going on in these neighborhoods, as it is, now we've had these headlines about chicago for a couple of years, okay? why isn't there a local outcry in these neighborhoods and elsewhere in the city, that says, let's -- we've got to do something here. i know it's not the north side in the affluent neighborhoods where this is happening, but look, this violence is getting headlines all across the country. why not a grassroots uprising against it? >> there is, up to a point, you know? there's calls to bring in the national guard, in 2012, when they had a similar outbreak, there was calls to reinstitute amore aggressive stop question and frisk regimen and bring in an anti-gang unit. but the fact of the matter is that the activists control the public discourse there. and they believe, one of their demands is to disband the

chicago police department entirely. and then, in a sense, we're sort of getting that informally now again. the cops are working their hearts out on behalf of victims, after the fact, but they're not engaged in what you call rightly, the preemptive, proactive policing. >> all right, so what role is rahm emanuel playing? i can't imagine that this kind of -- this -- these kinds of statistics are helpful to him as a politician. and what is -- is he not saying anything? is he saying that it's somebody else's fault? what's he doing? >> he's caught. and he's changed his tune. last october, he met with attorney general loretta lynch in washington, and himself acknowledged the deep police effect, what i call the ferguson effect. he says cops have gone fetal. he notices this, he says they're not interdicting criminal behavior. but then, there was the final belated release of video of a very bad police shooting and the political discourse has gotten

even more anti-cop in chicago, so he does not dare, at this point, stand up for proactive policing. and all he can do is complain about gun statutes and gun sentencing not being severe enough. that may be true. of course, it's the black caucus that refuses to allow more extended sentences for repeat gun felons. but that's, in fact, in the problem. because the gun sentencing regime has not changed since 2014. what has changed is officers willingness to engage in proactive policing. but at this point, emanuel doesn't dare say it's time for the cops to go back being proactive. >> all right, heather mcdonald, thanks very much for being here. appreciate it. >> thank you, paul. >> we have to take one more break. when we come back, hits and misses of the week.

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time now for our hits and misses of the week. kim, start us off. >> paul, the fbi continues to

play unbelievable games with congress when it comes to its files over the hillary clinton investigation. everything from redacting papers to making congress members jump through hoops to look at the papers, to dragging its feet on more documents. so this is a hit to house oversight chairman, jason chaffetz, who delivered a subpoena on an fbi official during a hearing this week, demanding the documents. we all have a right the to see this stuff. >> thanks, kim. james? >> hillary clinton, whose campaign did an opposition research dump on a comic strip. that cartoon frog is nor sinister than you realize. it turns out a couple of twitter trolls the told a daily beast reporter an elaborate fiction about how they had turned him into a neo-nazi symbol. >> this is a myth for the human rights watch and amnesty, international, who this week informed us that the nsa leaker, edward snowden, deserves a

pardon. members of the house intelligence committee fired off a rather acidic tlert noting that edward snowden is a criminal, not a whistle-blower, so maybe these groups should focus more on abuses in china and russia, where snowden, at least for now, will spend another long winter. >> all right, dan? >> a huge miss for smerconish and his daily newspaper. a student attacks the college for letting too many wealthy students in for favoring the rich even though they purport to be progressives. days later, the paper published a long apology with "sorry" across the top of it, saying this student had offended a lot of students by being guilty of classism and that they would never do any such thing again. thank god editors like this weren't running newspapers in 1776 or we would still be british subjects. if you have your own hit or miss, tweet it to us. thanks it for this week's show.

thanks to my panel and all of for you watching. hope to see you right here next week. a fox news alert. after a scary scene in a new jersey shore town that is setting nerves on edge this start. hello, everyone, i'm kelly wright. welcome to america's election headquarters. >> we're currently awaiting an update from investigators after a pipe bomb exploded just minutes before a charity run to benefit marines. the blast now forcing evacuations the of more than 30 homes in the area. the fbi taking over the investigation, getting ready to fill us in on other findings any minute now. brian llenas is live in seaside park, new jersey, near the scene of the explosion. and this is where marines were about to run and this very much

is a very scary reminder of the boston marathon, where the runners were actually in the process of a race, when explosions were -- went off. at this point, though, the race hadn't begun? >> that's exactly right, julie. good afternoon. that's right. this race was supposed to start at 9:00 a.m. this explosion inside of a plastic trash can happened at 9:35 this morning, at the end of a block here in seaside park. we're talking about a 90-minute drive from new york city, we're on the jersey shore, and from what we know, we know the blast happened at 9:35, smoke went up, witnesses describe it sounding like a cannon. now, the race was supposed to start at 9:00 a.m., meaning runners would have been running by that trash can at the time of the explosion. that is what police have told us. the reason why runners and nobody, thankfully, was hurt, was because the race was delayed this morning, due to long registration lines. there were long registration lines at the time. a single-file line. runners said that at the time,

around 9:30, police or the intercom told them that they found a suspicious bag by the start and finish line. that caused some -- a little bit of chaos, and people were looking at it. that bag turned out to be nothing. but the good news here is that that race, because of that delay, likely saved lives or at least made sure that nobody was injured during this race. again, this was a semper fie charity event, the third annual race. it was meant to really benefit the families of marines, of fallen marines, as well as those who have been wounded in combat, especially for those in special operations. this is a three-mile race want a 5k race that goes through the town. and again, police believe that a pipe bomb inside this plastic trash can, from what we've been told, a pipe bomb -- from what we've been told, it could be a pipe bomb. again, we expect the fbi to tell us more the device. the fbi, the atf will tell us what kind of a device this is, and that will go a long way in telling us whether or not this is, perhaps, criminal, whether or not this is terrorist related. based on the type of device that

we're talking about. initially, it was told that it could be an m-80. police tell us it is not an m-80 or a firework device. now we're talking that it could be a pipe bomb and we'll find out more of that information. listen to some of the neighbors that we spoke to who lived on that block, tell us what they heard, just moments after the blast. >> it was white smoke, and of course, the garbage can was coal, it was only a frame. and the smoke was coming out. >> it was loud enough to shake my house. you could feel it. and i'm at least ten houses down from the ocean. so it was not a minor explosion. it could have been, i think, it's not children doing this or young kids, this is a deliberate thing happening today because of the marines. and the lack of respect among some people in this country for our men in blue and for our servicemen. >> one of the big questions we expect to be answered is whether or not it was just one device inside of that trash can.

we've heard of reports that there were at least two or three other dices inside of that trash can, that did not go off. again, those are reports and we're waiting to see whether or not that's true. if that's the case, this blast could have been larger than it was. again, we're going to find answers to those questions any moment now. but a very scary situation in a sleepy seaside park area here, just 90 minutes away from manhattan, julie. >> all right, brian llenas, thank you very much. and again, we are waiting for seaside park police to come out, the department and the fbi, to talk to reporters, get some answers out there about this pipe bomb that went off, just about 9:30 this morning, right before marines were about to take off on a race. obviously, a deliberate act, meaning to harm, if not kill people. and thank good ness the race wa delayed. because of the registration lines, a lot of these races don't start exactly on time. perhaps it was a timed explosive device. >> and at that particular point, they had some kids there, as well. >> horrifying. >> we'll follow updates and bring you live updates as soon as they become available.

>> brian wants to add something. >> brian, go ahead. >> and one of our colleagues from fox 5 actually spoke to a marine who was supposed to be in this race. we're talking about 5,000 people upwards that were supposed to be here. marines from washington, d.c., the pentagon, he spoke to one of those marines from the pentagon and said, listen, we were all supposed to be part of this race, a benefit for our family, for our comrades. and he said at the start of the race, they had the younger marines a to the start of the line. those that were 18, 19, 20 years old and they presumably could have been -- those could have been the marines that would have been affected the by this blast, because the race was supposed to start at 9:30 and therefore the delay perhaps saved some lives. julie? >> brian, thank you. all right, moving on. donald trump speaking today. donald trump speaking today at a national conference for the remembrance project, which honors americans killed by illegal immigrants. mr. trump telling the crowd,

it's the government's duty to protect the american people. and he says, anyone who doesn't understand that is unfit to hold public office. our peter doocy is standing by. he's live with more details. peter, good day to you. >> good day, kelly. and donald trump isn't just talking about border security. he's trying to show what can happen when a violent, illegal immigrant, especially one with a known criminal record, is allowed to stay in this country. so trump today here in houston did share a stage with the relatives to have five americans who were murdered by illegal immigrants. each of them shared very painful details about how they lost loved ones. >> all across this country, dining room tables have an empty seat at the family table, because our government abandoned its duty and failed to enforce its basic laws. >> even though texas is a safe

state for the gop come november, it's an effective setting for this refocusing on immigration, because we spoke to the lieutenant governor this morning, who is the texas campaign chairman for trump, and he told us that border security is a big issue for republicans here, and it is something that has affected hundreds of thousands of law-abiding americans. >> from 2008 to 2012, just in texas, we arrested 147,000 people, that we identified as being here illegally. they were hardened criminals. they committed or alleged to have committed nearly 500,000 crimes. >> trump is also getting a lot of attention today for something he said last night in mai, suggesting that if hillary clinton wants to be tough on gun control, her bodyguards should put down their guns. trump followed up on twitter afterwards, writing, quote, crooked hillary wants to take your second amendment rights away. will guns be taken from her heavily armed secret service detail? maybe not. trump did leave texas in the last hour or so. he's on his way to a fund-raiser

in oklahoma and then a big rally in colorado springs. tonight, he got some good news in the polls, the last few days nationally and he's trying to build on that. kelly? >> peter, thank you very much. julie? >> meanwhile, hillary clinton attending an awards dinner in washington, d.c. tonight, as two high-profile surrogates, senators bernie sanders and elizabeth warren, hit the campaign trail in the battleground state of ohio. and kristen fisher is following all of this for us, live from washington this afternoon. hi, kristen. >> hey, julie. well, today, the clinton campaign is firing back on two fronts, first on the birther controversy and then on the comment that trump made last night that clinton's bodyguards should be stripped of their firearms and see what happens to her. he issued a statement that reads in part, quote, this kind of talk should be out of bounds for a presidential candidate, just like it should be out of bound for a presidential candidate to pedal a conspiracy theory about the president of the united states for five years. that conspiracy theory is now

the subject of a new clinton campaign video released this morning. it says, while trump tried to put his birtherism behind him yesterday, he made it worse. so the clinton campaign is really doing his best to make sure trump tease major reversal on this issue does not go unnoticed. at the same time, though, they're also ruling out a new strategy to try to appeal to a demographic that clinton's really been struggling with. young millennial voters. today, two superstar surrogates, senator bernie sanders and senator elizabeth warren are making the case for clinton on college campuses all over ohio. and yesterday, first lady michelle obama delivered a similar message during her first solo campaign stop this season. >> and let's be clear, elections aren't just about what votes, but who doesn't vote. and that is especially true for young people, like all of you. >> i hope you'll get involved in the process, register your friends. too many young people are not registered to vote. i hope that you work with the

local campus organization, knock on doors. >> and just to give you an idea of how important this demographic is for the clinton campaign, on monday, she set to deliver a speech aimed entirely at millennial voters, but first, she has to attend to another key voting group, african-american voters at tonight's congressional black caucus gala. julie? >> all right, kristen fisher, thank you so much. kelly? >> all right, julie, thank you very much. let's take a closer look now at the millennial vote. a new poll shows hillary clinton has a narrow lead, let's look at it, with 31%. trump is five points behind. and governor gary johnson, well, he's just two points behind with 29% and jill stein has 15%. so joining us now, tammy bruce, radio talk show host and fox news contributor, and capri kataffaro, former ohio state senator minority leader. ladies, thanks for joining us and weighing in on this millennial issue, because it's looming to be a very important one. based on what we've seen in that

polling there, we can see that hillary clinton has kind of an uphill battle in terms of gaining the millennial vote, she always has since bernie sanders was the more popular candidate. but what kind of impact does a first lady michelle obama, senator bernie sanders, and senator elizabeth warren have on the millennials and trying to get them to move their vote, and even register, by the way, to vote for hillary clinton? >> well, i would say that it would matter if they were the candidate, right? if those individuals were at the top of the ticket. here's hillary clinton's problem. younger voters and millennials, while they'll go to rallies and be enthusiastic, don't vote. it's a matter of fact that the baby boomers are voting at 30% higher than their children's generation. and that's a hard thing to reach over. they'll also vote, though, for big blockbuster elections, like a barack obama election, where it's really revolutionary. hillary clinton is clearly the establishment. and interestingly, everything that the republicans are reacting to, trump supporters are reacting to, so are the

millennials. as americans, they want change, they don't want the status quo. so they see those other individuals as making a change, just by their existence. they don't see hillary as doing that. so she has to overcome that image, which will be difficult, but she will also have to get over to the point where they just don't go to the polls. and even the enthusiasm gap is going to add to that problem. >> capri, weigh in on this for me. why aren't millennial voters getting behind hillary clinton, when it would seem that bernie sanders, who's already gone out there to endorse her, would have been able to get them to her seat at the table? >> well, i have to say that i'm a proud gen-xer, not a millennial, and sometimes i scratch my head on why they make the decisions that they make, for example, supporting 74-year-old bernie sanders, as opposed to hillary clinton, the first female nominee of a major national party. but, obviously, i mean, the bernie sanders message was very much tailored towards what millennials care about in regards to income inequality and

college affordability and things of that nature. as tammy said, there is an issue with regard to not liking the establishment, hillary clinton, and donald trump, and that poll you just showed has issues with younger voters. because i think younger voters feel that the establishment, for whatever it's worth, are disaffected, they are not listening to their needs, and it's going to be an uphill battle to both of them. i have one thing to say to my young colleagues, and there's two words there, ralph naider. you vote for gary johnson or jill stein, you're going end to up with donald trump, and i can guarantee you that's less progressive than hillary clinton. >> tammy? >> but this is the issue. they're not even going to be in that voting booth, traditionally. you're looking at donald trump's wheelhouse, the people at over 45 years old, they vote, 70 to 80%, that kind of dynamic. they're used to voting. so once they do get in there, when they look at who they're going to vote for, and the reason they're not going to vote for hillary is the same reason,

they don't trust her so much. with bernie sanders, it has nothing to do with age, when it comes to whom is attracted to whom, it's about sincerity and trustworthiness. >> let me answer that point. because jamison foirz, a senior adviser for the group, next-gen climate, i'm quoting him here, the more they support -- actually, he goes on to say, too many millennials actually don't see a difference between clinton and donald trump. that's a problem, not only for clinton, but also for donald trump. >> i think that's very shortsighted my the millennials. i get what they're saying with, a because what they're trying to say, themore progressive folks in the democratic party are saying, well, hillary clinton is, you know, she's an establishment wall street. she is in the pocket of big business, and you know, fill in the blank, big oil, whatever the situation may be. there are significant differences between donald trump and hillary clinton, and you know, again, this is where i thing they need to show up. if they really do care about making progress, they have to understand, look at the

republic republican platform. the only place where they have any similarities is in trade. >> so as we heard kristen fisher in that report, that hillary clinton will be addressing millennials specifically on monday, so tammy, what do you anticipated hillary clinton saying? >> she's going to have to address the things that they've been hit hard on these last seven years. unfortunately, she's offering more of the same. she's going to differentiate herself from obama on the economy. these are college-educated individuals, who can't get a job, or when they do, they can't pay any of their bills. they've been hit hard on the issue of violence in their own communities. they've seen what they don't like, and she's been a part of that. so in some ways, she want to attach herself to mr. obama. on the other hand, she has to say, she's more like the republicans in promising more jobs -- >> welcome to a general election. >> and law and order. >> we'll have to end it there. capri and tammy, thank you so much. obviously, the millennials are always concerned about those student loans. a lot of debt there, as well. anyway, don't mix fox news

sunday. here's why, democratic vice president nominee tim kaine and trump adviser governor chris christie join chris wallace to weigh in on this week's political headlines. that's something you have to tune in for. that's tomorrow on "fox news sunday." you can check your local listings. the u.s. military now saying one of its coalition air strikes aimed at isis may have unintentionally struck syrian forces. it happened in the eastern part of the country on the fifth day of a fragile cease-fire. the associated press reporting that russia claims at least 62 syrian soldiers are dead. the u.s.-led coalition is now calling off its air campaign against the islamic state terrorists in that area. and we are awaiting a news conference after a scary scene in new jersey. a pipe bomb exploded, just minutes before a charity run to the u.s. marines.

we're awaiting an update from investigators. we'll bring it to you when we get. and a pair of americans making the ultimate sacrifice in the fight against isis. now, their bodies are being returned to their families. details on their service overseas and their tragic trip home. plus, a deadly rampage in philadelphia after police officer shots at point-blank range and investigators say she was targeted. [alarm beeping]

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a very chaotic scene in philadelphia after a gunman ambushed a female police officer in her squad car. philadelphia's police commissioner says she's in

stable condition. >> it is absolutely miraculous that she's alive. this individual actually fired at her close range 18 times. that's 18 times with a 9-millimeter ruger. and most of those rounds did enter her vehicle. >> yeah, she saw the shooter approaching. the shooter, by the way, then fled the scene, prompting a why would chase through the city streets. the gunman was shot dead in an alley, but not before killing one bystander and wounding three others, one of them critically. officials say the gunmen left behind a note, expressing hatred for the police. tearful moments, meantime, in denver, colorado, as two young americans who died fighting isis made their final journey home to their families. and there they are. dan springer has their heroic story from los angeles. dan? >> julie, we've heard over the years, a lot more about the handful of americans who have traveled to syria to fight for

isis, but there are actually more than 100 civilians from the u.s., who are fighting against the islamic state, and the bodies of three of those recently killed in the fighting have been returned to their families. two of the caskets were taken by train to denver, where the men grew up, but never knew each other, before taking off for syria last year. colorado congressman, ed perlmutter, presented the families with an american flag that flew over the capital. levi shirley died july 13th during his second stint, fighting with the kurds against isis. he was injured in the first go around, returned, and then was kill ed by a roadside bomb. jordan mctarget died august 3rd. they volunteered to go over there and get shot at for no pay. and i just want to live in a way that my brother would be proud of. >> the third man, william savage, died august 10th. his body was taken to raleigh, north carolina, where his father lives. savage always wanted to be a marine, but wasn't allowed to because he had a seizure when he was 5. he was working as a cook we

decided to go fight isis. in all, there are about 300 foreign fighters in the region, somewhere in iraq, but most are in northern syria, fighting alongside the kurdish force known as ypg. nearly all of the foreigners are from western countries, but the kurdish government is not asking for their help. in fact, just the opposite. and the state department is issuing its own warning, which says in part, private u.s. citizens are strongly discouraged from traveling to syria to take part in fact conflict. the u.s. government does not support this activity. at least five american civilians have now been killed in the battle against isis in the region. julie? >> all right. thank you very much. kelly? >> president obama getting ready to make his final appearance at the u.n. general assembly. what's on the agenda there? plus, a former defense secretary who served under eight presidents slamming donald trump as, quote, beyond repair. his argument against the republican nominee. here's the p.

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welcome back. president obama is set to make his final u.n. appearance as commander in chief. the president will try to solidify his legacy on the world stage, amid the ongoing crisis in the middle east and growing concerns about russia and north korea. garrett kenny has more. >> there were a lot of high hopes and expectations seven years ago when president obama first addressed the u.n., but today the administration is looking at more of a mixed bag of results with varying degrees

of success. in iraq and afghanistan, despite the president's promise to end the wars and bring our soldiers home, there are still thousands of u.s. troops on the ground, fighting the islamic state. and while the white house touts the paris climate accord and the iran nuclear deal as two of its signature accomplishments on the international stage, it's also faced with the reality that the easing of tensions with iran that was hoped for hasn't happened, and that north korea is moving ever closer to its nuclear ambitions, despite international sanctions. but in his final address to the u.n. before he leaves office, white house officials say the president will attempt to define his legacy as one that made the planet safer and more prosperous, while still acknowledging the major problems the world continues to face. >> on the one hand, there are enormous positive indicators in our world today, in terms of economic growth, standards of living, the ability to forge

international cooperation on a very difficult issue like climate change. at the same time that there's also, you know, a great deal of unease about a range of issues. >> the president is also expected to tout the paris climate accord and iran nuclear deal as examples of the kind of international cooperation that can be used to solve future crises. that strategy hasn't worked when it comes to russia, though, which among other provocative moves, has unabashedly continued to threaten ukraine after takeig over crimea. president obama is also hoping to address the ongoing refugee crisis with a summit on tuesday, where the u.s. and other countries are expected to announce new commitments to accept additional refugees. julie? >> all right, garrett, back to me. and right now, protesters out enforce across germany, speaking out against the transatlantic trade and investment partnership deal. here's what's happening with this. this as the u.s. and european -- all right. thank you. they're just changing things on me right here. bear with us, please.

the u.s. military is saying one of its coalition air strikes aimed at isis may have unintentionally hit syrian forces. the associated press is reporting that russia claims at least 62 syrian soldiers are dead. the u.s.-led coalition is now calling off its air campaign against the islamic state terrorists in that area. aaron david miller is a former adviser to the secretary of state and vp of the woodrow wilson center. he joins us now to weigh in on this issue. aaron, thank you for joining us today. >> pleasure. >> from the onset, there was doubt this fragile cessation of violence in syria could be achieved. and now less than a week old, it appears a cease-fire is in jeopardy. why? >> too many moving parts, too many different agendas, external powers, specifically the u.s. and russia, that may have a tactical coincidence of interest, but whose strategic goals with respect to syria, fundamentally are different.

and the reality is that the actors on the ground are going to control the cease-fire. it's arguable, frankly, whether assad can control his own militias. you've seen the difficulties in separating out the so-called moderate syrian, carefully vetd opposition elements from those of nusra and the islamic state. and in general, after five years of bloody civil wars hemorrhaging terrorists and refugees, you have a fundamentally unsettled situation on the ground. and you saw it today. if the reports are true, that the united states unintentionally struck syrian military positions alongside an effort to strike the islamic state. all this is going to do is make the situation on the ground much more complicated. it's going to confirm conspiracy theories that we really are supporting the islamic state and backing the iranians against shia. >> aaron, you put out a mouthful

there. because when you look at that, all of the forces on the ground there are in such close probation kp proximity to each other. that was always one of the concerns when russia involved itself into this syria conflict. and now you have russia and the united states both pointing the finger at each other for various violations of this agreement. and more importantly, value the humanitarian aid that was supposed to get the syrian people caught in the cross fire of this civil war, well, it has not been met. it has not been delivered due to rebel factions in aleppo. now russia accuses the u.s. of not being able to control opposition rebels. how can the u.s. resolve this conflict or this issue in order to keep this fragile cease-fire secure? >> i'm not sure they can. and i think we have to stop thinking about comprehensive solutions and get used to the reality that you're going to be dealing with very uncertain outcomes. look, for the next three or four months, barack obama and vladimir putin actually have a

coincidence sort of overlapping goal, which may, in fact, suggest that this thing can be put back together. obama wants to leave office with the situation in syria a little more stable, and preempts criticism that there have been two paths in the face of a five-year struggle. putin wants to use the u.s. in order to secure and legitimatize russian interests there. both of these arguments fundamentally believe that there is no overarching comprehensive deal in syria. and i suspect it's going to be left to the next he or her or the to deal with syria, as well as the other headaches. >> all right, well said. and i'm not trying to cut you off, but i want to get to another question real quick, because we're going to lose you in a matter of time. a more intense focus will be on syria when the united nations first general assembly convenes next week. will the u.n. secretary general, ban ki-moon and the heads of

state like president obama and vladimir putin be able to -- and obviously, you're saying that it's probably not likely, but will they be able to secure some sort of diplomatic and peaceful end to meet the humanitarian need that exists, because of the syrian conflict? >> highly unlikely, in the next week or so. really, highly unlikely. three powers control the situation on the ground in syria right now. russia, iran, and turkey. >> wow. >> and that reality, because of demography and geography will probably remain the case and dictate the situation over the course of the next year. >> what does that mean for the millions of people who have been displaced, who have already fled. they're now in a refugee status. you even have the pope coming out saying, the world needs to open up its arms to refugees. but you know with that goes to the concern about each country's national security, because of trying to vet those refugees, who are fleeing, what's unfolding in syria. >> moral, humanitarian, and

strategic tragedy and disaster for the united states. the largest single refugee flows since the end of the second world war. but let's be clear about something. the u.s. record on humanitarian intervention, from the holocaust to rwanda, from darfur to congo, with the exception of bosnia is pretty poor. this is not just a barack obama problem. this is a problem that the united states has confronted for the last 50 to 60 years, trying to figure out how to deal with these humanitarian catastrophes, when their interests -- our interests were involved, and even when they're not. and frankly, given our track record among republicans and democrats, we still haven't found the right prescription to deal with internal events like syria. >> aaron david miller, thank you for your insights and your perspective, sir, and good day to you. >> always a pleasure. thank you. a former defense secretary who served under eight presidents slamming donald trump as, quote, with beyond repair. his argument against a republican nominee and what

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secretary robert gates calling donald trump, quote, beyond repair on matters of national security. in fact, he rights in the "wall street journal," this op-ed piece, and i'm quoting, the world we confront is too perilous and too complex to have as president a man who believes he and he alone has all the answers and has no need to

listen to anyone. in domestic affairs, there are many checks on what a president can do. in national security, there are few constraints. a thin-skinned, temperamental, shoot from the hip and lip, uninformed commander in chief is too great a risk for america. let's bring in john doocy, associate editor for the "wall street journal." okay, first, i just got to call out on one thing that he mentioned there. gates says that he's not going to be listening to anyone else. that's not true. donald trump has, in fact, multiple times, said that he will be listening to all of his security teams, because he, himself, has admitted that he doesn't necessarily have all the answers when it comes to the middle east crisis and that he will be leaning towards, you know, his generals and so forth and top commanders for that. but let me ask you, what do you make of robert gates calling trump "beyond repair"? >> yeah, that's also if you have faith that donald trump would do that. >> i'm just saying what he said. >> yeah. >> i'm just repeating his

promises. >> so everyone should read this piec piece, and not just because it's in the "wall street journal," but because of robert gates and who he is, you can find it on the internet. robert gates served eight presidents, he served as defense secretary for a republican and a democrat. he has a lifelong service, he was head of the cia, ran texas a&m university, on the board of the boy scouts. this is a guy who has america in mind. what he does in this piece is walk through all of the danger points in the u.s., from china to north korea to what's going on in europe, the mideast. it's an extremely interesting walk through of a very dangerous set of neighborhoods. then he says, clinton, look, you know, there's problem with her. she seems to have changed her mind on tpp and should have not. she's not clear on a lot of things she wishes to do. but then he takes clear aim at donald trump and he says, this is a person who, in his language, is unfit to be commander in chief, for the reasons that you were just

citing from his piece. uninformed, shoots from the lip, is making recommendations on things to do with south korea that are dangerous. has some kind of affinity for putin, walks through the range of these things and says, look, at the end of the day, this person will put america in peril. this is an american civil servant with great expertise, taking it to donald trump. >> here is trump's tweet response. i want to go ahead and put it up on the screen. this is what he wrote on twitter. "i never met former defense secretary robert gates, he knows nothing about me. but look at the results under his guidance, a total disaster." robert gates served eight presidents, like you just said, 50 years, the man has experience. >> i just don't think that you can dismiss a person like robert gates the way that donald trump attempts to do. and this is exactly the shoot

from the lip kind of thing he's talking about. robert gates inherited the iraq war and wound us down, which is what america wanted him to do and the presidents wanted him to do. this is a very effective civil servant. and it's that shoot from the lip, the same thing as last night, you know, talking once again about possible violence against clinton, you know, taking the guns away from her secret service agents, he said. or -- the response that he gave, you know, in this past week to getting caught out in the birther lies. this is sort of impulsive reaction by donald trump, which is what robert gates wants to bring to the public attention. this is not the type of temperment, he says, that you need at this particular time, which he calls the most dangerous that america has faced in his lifetime. >> it's not the first time somebody has questioned either of the candidates, and that's what this op-ed piece was all about, talking about which candidate may lack certain qualities. and he pointed out that hillary clinton was lacking in certain categories. but overall, what effect do you think this likely will have on

the campaign? or do you believe, at this point, it will have no effect? because it seems when it comes to certain supporters supporting one or other, i don't know if much of this is going to married anymore. >> you're making a really good point. and the polls show this, that the donald trump supporters really support him. and hillary clinton supporters really support her. >> nobody's changing their minds. this is the undecided votes in the swing states. those are the ones they need to worry about. >> precisely right. and it's a small number of voters, somewhere between 10 and 20%, but they are still making up their mind. when you have somebody like robert gates along with any number of establishment figures in washington. when you say "establishment," i know that's a bad word these days, but these are experienced people who have kept the world safe to this point. people like michael hayden, former head to have the nsa, all coming out with the same type of language regarding donald trump. i think it does begin to effect

a certain number of those independent voters. we'll have to wait to see. i hate to say it that way. but we're not sure. >> anything can happen, i mean, from week to week, one candidate says something, the other one's poll numbers go up, the other one calls the other one deplorable. it just go on. john, thank you very much, appreciate it. an austrian woman is suing her own parents. why, you might ask? for posting embarrassing pictures from her childhood? how many of us proud parent have gone through that? could the same thing happen here in the u.s.? our legal panel weighs in. beyond has a natural

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on austrian teenager taking her own parents to court. suing them after they posted over 500 embarrassing pictures of them as a child. could the same happen here in the u.s.? joining us now. thank you both for talking to us. every parent posts thousands of pictures on social media. the only rule on facebook and con gratsds to that. but it is hard. it is a tell tagsz that all of us fall to. the only rules on facebook right now are that you have to be 13

to open ab account. but there are no rules or laws that protect children that are being posted on social media of course as long as the pictures are appropriate. and that includes pictures of naikd babies in a bathtub or a naked child potty training. should the rules change? and do you think this girl has a case. >> in austria maybe. because the rules in europe are very different. if you look to france, to germany. this -- >> oh -- year in prison and tens of thousands of dollars fine -- >> -- pictures of your own child on the internet. you can actually be sentenced to a year in prison in france. for all you've in france just take noted of that. >> the police tell parents in france, do not post pictures of your kids. forget civil liability. but here in the united states, unless you have a picture that borders on exploitation, that is inappropriate or explicit you are not going to have a kah office action for photos that are just embarrassing that are

typical of what a parent would post on facebook. >> i agree. and it is kind of refreshing to see that these other countries have the problems with frivolous lawsuits like the united states does. okay? because that is what this case is all about. it comes down to ownership interest. and when a parent takes a picture of their child, they are the owners of the picture. and they can do what they feel. as long as it is not child pornograp pornography. the child is not engaging in sexual acts. >> could her attorneys say some of these pictures are embarrassing? it is one thing to take pictures of your daughter's ballet recital but there is another where somebody is sitting on the toilet and maybe going number two. i don't want that out there. >> embarrassing? >> -- >> come on. >> -- social debate. not a legal debate. because this is not a cause of action that is going win. and i hope that when judges get

things like this that they sanction attorneys and parties to pay attorney fees and other sanctions for bringing these frivolous lawsuits. >> when it comes to the punishes. so you talk about ownership. our childrens we own them. we do have ownership on our children, at least i do until they are older and then they are going tell me differently. as far as i'm concerned they are my possessions and i'll remind them of that until they are 40. besides that, once they become adults you no longer have that ownership right. and i get the whole thing about you owning the picture. there are copyright laws in other words if you take the picture you are entitled to post that picture because it is your work. you can't take somebody else's picture and post it. somebody could find you at fault for that. but at what age is it not okay. i understand the baby pictures. what if you are posting pictures of someone 16 or 18 and is old enough to actually speak for themselves and is an adult?

these are kelly wright's kids by the way. >> they are adorable. >> it all comes down to the cause of action in the united states is right to privacy. whether or not it is a clield or adult there would still have to be a problem like before. something inappropriate. exploitation. the only way to prevail on something like that in the united states is malicious intent. if the person says i don't want that on the internet can prove the poster had a malicious intent then there might be a problem but otherwise this is no at problem. >> thank you both. fox news alert. awaitation news conference after a scary scene in new jersey. a pipe bomb explode the things it does to your parade. we've got a saying about rain too: when it rains...it roars. the all-wheel-drive lineup from dodge.

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a busy depay on the campaign trail. trump in oklahoma and hillary clinton shortly if washington looking to pad their war chests while ramping up the war of words on a range of issues with just 52 days before election day. we're on the countdown. welcome to a brand new hour. i'm julie banderas. and i'm kelly wright. support from that group shows signs of