martha: so we have to go. bill: this was like alphabet soup. martha: a little bit of everything. tune in. happening now starts now. see you tomorrow. [music] jenna: we start this hour with chilling new details about the suspect in the terror attacks in new york and new jersey, from the federal charges against him, how he prepares for the bombings and when the fbi first knew about ill. hello, hope you had a great day so far, i'm jenna lee. eric: good morning, i'm i'm eric sean in for john scott. using weapons of mass destruction. the complaint also revealed how he got bomb ingredients. turns out he bought hem on ebay and practiced just two days before attack and record of

that, someone did that on a cell phone that belonged to his family. jenna: bryan. >> hi, jenna, all of this leading to the question whether or not this could be prevented. fbi began investigation of ahmad rahami when his father reported him that he was hanging around bad people and could be radicalized and son hit mother and stabbed a brother, listen. >> did you talk to the fbi and tell them he was involved in terrorism? you told that to the fbi? >> yes. >> what did they say? >> the fbi says they did do their job, they interviewed

rahami's father and others but the father ended up recanting the initial concern. the fbi never interviewed rahami because he was incarcerated. he made three trips to afghanistan and even a 13-month trip to quetta, pakistan, misdemeanor changed after the trip but found no red flags. rahami's wife left to pakistan and has been detained by the united emirates on her way to the united states. meantime, new surveillance video shows rahami an hour before the bomb exploded and chilling new details from the criminal complaint, rahami was buying explosive material in ebay as early as june.

video showing rahami laughing as he blows device two days before bombing and praises osama bin lad eep and radical jihadist rambling, like, quote, god willing the sounds of the bomb will be heard in the streets, gunshots to your police, death to your oppression. rahami remains in this hospital new jersey suffering from multiple gunshot wounds, no word yet on when he is set to be released. martha: thank you. >> eric: donald trump holding campaigns in ohio as polls showing gain. mr. trump may have broken the law by using funds in charitable foundation in paying debt, more than 250,000 worth. job roberts from north carolina with more on developments, hi, john.

john: eric, good morning to you, more on that in just a second. to cleveland, ohio where donald trump is appearing this morning, got an early start speaking to pastors in a black church in downtown cleveland introduced by don king, things didn't go exactly according to plan when don king in introducing donald trump accidentally dropped the n word in front of the entire group of pastors, that's something you're likely to hear more about as the day progresses. to the issue at hand in terms, the washington post investigation that founded the trump foundation, made payments in the amount of $258,000 to charities on behalf of trump's for period of time organizations, a couple detailed, 158,000 to a charity by a foundation to settle legle claim against the trump golf course for a competition that didn't go exactly according to plan and another 100,000-dollar

payment to the city of palm beach in florida as payment for fines for the fact that it had flag pole that was 80 feet tall when the flag polls can only be 42 feet tall. kellyanne conway was asked about that. if you write a check for one hundred thousand dollars to a veterans charity which got that money from the foundation, then the lawsuit will go away. let's make very clear a veterans chair received one hundred thousand dollars because of that. i'm sure that they benefited from it. >> now, the trump campaign is pushing back hard against this as you can imagine a statement from the senior communication adviser, there was not and could not be any motive for the trump foundation to make improper payments, all contributions reported to the irs and

donations publicly disclosed. the suggestion by the washington post in the article was that trump may have been guilty by self-dealing, charitable enterprise to pay the bills for a for profit organization, the trump campaign has still not explained why the charitable donations were made by the trump foundation and trump wechester. jenna: a little bit more about this. questionable use of security funds how could it impact the trump campaign. byron, how do you see it? >> they fuel questions that we have had for a while about donald trump's charity. you heard many times from trump himself and staff saying donald trump has given millions of dollars away and he's a very

generous man and we haven't really seen a lot of examples of it. the trump foundation, we know that trump created it and fund it himself, only himself for many years but maybe six or eight years ago stopped doing so and it was actually funded with other people's contributions. but i think what's going to happen here is rather than there be a huge and a hundred thousand charitable donation which was given to a charitable donation, what we are going to see more calls for trump to release tax returns. if he did that, we would know how much he gave the charity. jenna: donald trump's wealth in black and white and haven't been able to see. will this renew pressure for donald trump's hand or do you think he continues the way he

has for decades which includes not releasing a lot of the financial information? >> well, the question of his whole wealth is a little different question that won't be answered fully by tax returns, but the fact is it is a long-standing practice to release tax returns in a number of years in the past. trump has said they are under audit and accountants and lawyers have advised me not to release them but i'm not going to. the fact is that breaks a long standing precedent. although it's a guess here, he has not done it up till now. not sure why he would do it now? >> if he's not going to be part of a establishment and if it's a tradition, maybe a way of not doing tradition, fits in with platform. both candidates have issues about charitable foundation and

i'm curious strategically how each compares with each other. clinton has questions about clinton foundation and trump has questions about trump foundation. does this cancel each other out? >> most of us don't have out own foundations and we should say that trump has said the washington post reporting about the self-dealing inaccurate but did not say how it was inaccurate. look, the big problems are with the clinton foundation basicallf admission to move in hillary clinton's and bill clinton's circle. what might happen this kind of -- my foundation, no, your foundation was the real problem, that sort of thing even out in voter's mind and dismiss most of it.

jenna: we learned a lot here. you don't have your own foundation? i am shocked. keep hope alive. >> thank you, jenna. jenna: don't miss tonight's trump with donald trump, mr. trump will take questions from the audience and perhaps get some about this very topic here on fox news channel. eric: murder of texas college student as police investigates chilling post after her death. later path to 270, why the electoral map seems to be shifting, do you think the republicans will be able to keep control of the u.s. senate in the election? fox news.com/happening now and you can join the conversation

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eric: all right, now, quick look at some of the crime scenes we

are following for you, the supreme court after hearing, the court previously ruled that sexual history should be unsealed of a man convicted of her murder pursues an appeal. the family challenging the decision. nearly 40-year-old murder of kristin. new developments in the murder of a texas college student jacqueline, her body found last week, dismembered and buried in a park. after the gruesome discovery a mysterious message on her account, never knew i could feel this way. police are investigating the tweet. authorities have charged the man on the left-side of the street with her savage murder. jenna: american election headquarter where the electoral

map is getting more competitive by the day. new hampshire and colorado both moving into the yellow toss-up category after previously leaning democrat and 538.com where analysts give clinton a 57% chance of winning. in real clear politics shows clinton up by over 1 point. great to see you on the program. the numbers show us it is a tightening race. trump's campaign manager kelli an -- kellyanne conway says we own the moment, do you agree? >> i agree. but the moment, i'm not sure i would go that far. the momentum that he had has stalled out a little bit here. jenna: really? >> jenna, i have to say

previously i will vote for donald trump over hillary clinton any day of the week because i think hillary will win unless and until he makes as popular or at least unpopular as hillary clinton. jenna: a couple of things in there. let's talk about the momentum, why do you believe that? >> well, i think donald trump had a stretch after deplorable comments and health scare plus hillary's bounce from convention wasn't going to last. most important thing that changed from trump is he stopped attacking american war family, war heros, american judges saying they were mexican. his discipline is improved. as long as he focuses on hillary, he will do well. you look at all the polls, he's not winning enough of them. the average shows hillary winning. jenna: what does he have to do?

>> well, he has to focus on hillary clinton. stop attacking anybody else other than perhaps president obama on the message that hillary is his third term and focus on that. stop with any of the side shows where he get into controversies with other things. he was smart to try to get the birther issue off the table. focus on hillary, focus on the economy, focus on terrorism and that will give donald trump a shot at actually winning. jenna: hillary clinton is going to be speaking -- we saw donald trump on the network but we will see hillary speaking in a few hours. for clinton attacking trump may not be enough n. that piece her communication director admits that they're not really able to get through to voters still and here is what he says. still, as long as she's been follow the public eye people see so much negativity, it's a lot

of destruction. clinton is going focus more on herself. she's still not connecting. what about that, do you think that ultimately holds her back? >> absolutely, she's so well known, she's been around so long and very disliked. her only advantage is that donald trump is extremely disliked. that's why, jenna, i go and look at battleground states, if the favorable, unfavorables start to be close for donald trump in those states, chances are donald trump could pull this off but so long as donald trump is much more disliked than hillary is disliked and they are both disliked, a question of degrees. jenna: it's interesting you say that. i'm looking at some new research and they ask supporters of why they support the candidate and the top answer for both hillary clinton and donald trump is that they're not the other candidate. >> that's right. [laughter] jenna: it's not a platform issue is vote against the other person. it'll be interest to go see

where that goes in the next couple of weeks. one of the things we need to talk about with donald trump, though, is how he stands among republicans and traditionally who vote republicans, now you have seen the story that george w.h. bush said to a group or individual that he plans to vote for hillary clinton. i know you worked with the bush family before. do you have any insight on this and what do you think of it? >> no, i have no insight on it. donald trump's biggest problem in this electorate are white-educated voters. donald trump has split the party. the question is can donald trump pick up enough working-blue collar white voters including democrats and independents to make up for that gap with the college-educated republicans. a lot of this election will turn out to a focus on that. jenna: quick final question. one of the phrases that he has used time and time again and we saw this morning, what do you

have to lose, i will fix it, he uses to african-american community but foreign policy, how effective do you think the message is? >> it's a fine message. people are at a stage where donald trump everything he says is going to be destroyed. how can he say anything. these are routine people things that people say and it's part of the stump language. i have no problem with it. jenna: great having you back. >> thank you. eric: gas prices are pumping up. what the federal government just did, well, could reverse that. terror attacks in new york and new jersey was in fbi radar two years ago after his own father told them his son was a terrorist, so why wasn't he stopped? how do we find the signs for us to stop the next one?

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jenna: government approved restart for largest conduit in the country. that leak sparked supply shortages which pushed prices at the pump higher in some parts of the country but since the news of restart gas prices will come back down. eric: we have breaking information on the terror suspect rahami, as his neighbors tell fox news that he could not have carried out the multiple attacks alone, this is as we learn as rahami's father alerted fbi years ago telling them he thought the son was a terrorist. [inaudible] >> but they checked. >> too much going on, guys. we don't know yet. [inaudible]

eric: you heard the fbi found no evidence that he was radicalized . service intelligence officer and senior fellow on the program of national security, you know, it's almost unbelievable that no one else knew, his father as we just said, told the fbi two years ago and dropped it. rahami is blowing up things in his backyard. he made allegedly ten bombs at least and nobody knows a thing? >> it is, you know, it is disturbing and shocking, but the reality is if you look at orlando, you look at boston, the disturbing trend that's emerging here is that these are not people who are unknown to the fbi, these were not only unknown

-- eric: where fourth such case where authorities have investigated someone who went on a terrorist attack. >> that's exactly right. the big question is what do we do. it's not that the fbi is messing up here, look, they have to pursue criminal investigation. there has to be evidence or something that they can use to support charges and all of these cases we found that they just counterdo that. that doesn't mean are people that are clean, that should not be surveilled or that were not going to carry things out, what do we do? the solution, eric, really is one that focuses on the intelligence part of this. there's a lack of communication, i believe, between the fbi and intelligence partners. i think what we saw with the new york bomber traveling to afghanistan and pakistan, this is something that the fbi should have picked up the form, this is someone they were watching and if this guy ashowed upton radar, it's something that they should

watch. that's part of the failure today. eric: he made several trips, comes back and tells custom officials that he was visiting his family, visiting uncle in one case, you know, visiting his wife. i mean, how do you sort that out? >> and do customs officials know that the fbi had spoken to him. you know, this is part of the problem, i think that there is an issue here and part oh of it stems from honestly a good good-nature rule that protects u.s. persons from collection by intelligence agency, executive order 12 triple g. so what that means is the nsa is listening to someone in yemen and that person calls someone in new jersey, they can't collect jersey, they can turn it to the fbi. you have a perfect storm. >> do you think it's going to

change? >> it has to. terrorist are enemies, transnational organizations and they're working against us and they found this perfect gap between foreign, you know, intelligence collection nsa, all the other good guys and law enforcement. law enforcement doesn't have enough to build the case, intelligence can't cover them because they are u.s. citizens and they are free to operate openly. it is very disturbing. eric: it's amazing in the journal that they found bloodstain journal, he talked about the fbi wanting him and homeland security. he was aware of our security structure. let me read you what else he said in the journal that they found coargt to associated press. join us in a news front, june shots to your police, death to your oppression, attack nonbelievers, you meaning the u.s. government continue slaughter be in afghanistan,

syria, palestine, fbi and homeland security looking for me. i pray to al lea -- allah, this call will be answered. clearly he was aware of security apparatus. >> it's disturb to go me. i know personally of cases where this -- i had a friend call me up about a local new jersey police officer who said, hey, there's someone in our town who we think is involved in something. he was passed on the gttf and the fbi interviewed him and the guy did not want to talk. unless they can build a criminal case, it should be turned over as intelligence operation, we should surveilling. we have the massive problem to surveil and collect information domestically and that is something that we are going to have to reconcile otherwise this unfortunately is going to keep

on happening. eric: when they investigated him two years from the father's claims, the fbi did not even talk to him because he was incarcerated. he was locked up. what easier place to go and knock on the cell door and talk about all of this. >> it's so frustrating. eric: it is and tragic. thank you so much. >> absolutely. eric: jenna. jenna: the maker of epipen when he appears of questions of why her company hike it had price of life-saving drugs for hundreds of dollars. in the wake of new evidence linking russia to hack attack in the dnc, university professor said he was able to hack voting system and how secure it is. he will be here live. hield...

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i'm terhe is.at golf. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you. eric: new warnings about cybersecurity, more safe to move toward online, we will talk to a computer expert who hacked a system in a test. why he says og cannot be protected. the ramsey family lawyer will sue on behalf of the brother. deciding factor on gun lawsuit. it all comes down to one vacant seat.

jenna: fox business alert, ceo that spiked the price for epipen . blake: hi, jenna. all the way more than $600 now for a 2-pack, republicans and democrats on the house oversight committee will demand answers as to why. the epipen is produced by the pharmaceutical company mylan whose ceo is heather bresh, after customers rebates and cost, mylan profit isn't as high only one might imagine, only $50 per pen. however, she will recognize that not everyone received that rebait for which he writes the following, quote, looking back, i wish we had better anticipated the magnitude and acceleration of the rising football issues

for a growing minority of patients. she goes onto say, we never intended this. now, there's also expected to be a whole host of questions who happens to be the daughter of the democratic senator from west virginia joe mansion. among the questions, a story from the usa today which reports a potential curious family tie, paper reports that gayle mention, the senator's wife and mother, the head of national association purred in 2012 for laws that either forced or encouraged epipens to be stockpiled in schools. brusch did not address in prepared testimony but defended that mylan has provide it had product for free for more than 66,000 schools nationwide. that hearing and that expected grilling, jenna, starts at 2:00 o'clock. jenna: what an interesting connection. let me just ask you quickly, obviously there's going to be a

lot of questions for the ceo. anything that could come from meeting, anything legally that she could be forced to do, change price of epipen or anything else? >> heather in that prepared testimony has already put out several steps that she said the company is taking, for example, putting out a renerric version of the epipen which costs about $300, make it more direct to consumer, just among a couple. yes, they are already taking steps. on the legal side, it remains to be seen but the company ahead trying to mitigate pr crisis, if nothing else. jenna: blake, thank you very much. blake: thanks. eric: new action coming in the jonbenet ramsey case. details on that coming up. what lessons can we learn from

terrorist bombings in new york and new jersey, they show we are now living life in a wartime

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about unsolved mystery case. theory that 9-year-old brother may have killed. false attack that is liable. the program aired 20 years after jonbenet's body was found in the basement of her home in boulder, colorado despite grand jury to indict her parents. jenna: what lessons can be done to prevent a next time? life during wartime addresses

why the public may turn on certain political platforms, these are lessons that they don't want to hear unless they unsettle established conditions that weapons can only cause violence, not stop it and that security not precondition to civil light. he's foreign affairs columnist for the wall street journal joins us now. jenna: why did he decide to write on that topic? >> i lived in israel 2002 to 2004 when there were 85 suicide bombings, took more than 500 lives or 500 or so gun attacks. when i came back to the u.s., god, there are soft targets, the cues of laguar distribution a, unguarded and for many years i was surprise that had the targets weren't hit the way they

had been in israel. and so i thought that my experience during that so-called in israel watching the way israeli society become resilient against terrorism. not just the government but society itself had lessons of where we might be going in the u.s. jenna: one of the lessons is where you built a wall. >> israel built a wall over some opposition and, in fact, on the right side of the israeli political establishment, but kept out the terrorists, the other thing israelis do is a society in which a lot of people carry guns and so civilians, normal people were able to stop gun attacks before they became massacres. jenna: able to carry guns because everyone served in the military? >> federally involved process. jenna: i actually did a report, it's very difficult. >> it's very difficult. so the

people who carry guns are responsible citizens but at the time a lot of people i knew, one of my photographers, they were packing and quite visibly so and many of those people were able to stop gunmen who tried to shoot our create terrorist incidents. jenna: you have been critical of donald trump as a candidate, you believe the public will turn away from the left-leaning platforms. do you think they will turn away in the next 50 days? do you think it's one of the reasons why donald trump would receive support and have you changed your mind about that? >> not about him. there's no question that the perception that this is an administration, accurate administration, the obama administration which was once the hillary administration has been incredibly weak on the threat of terror, has been pretending that isis was the team in terror, has created a perception that they're not serious and that they have been taken utterly by surprise by the

rise of isis and ability of isis to infiltrate or to expand its reach here in the united states. jenna: that may be true but what changes that politically? what will change the next course for our leaders to actually make differences? >> listen, my fear is that we are going to have to end up sustaining future terror attacks, jenna, before we become serious and it was sad to watch in israel, 85 terror attacks in nearly 3 years that i was there. how many more st. clouds or san bernardinos in terms of police work, surveillance. jenna: we say alleged, but obviously rahami is the person that everyone is pointing to behind attacks, effort to sort of explain away, if you will, he has writings in journals but

don't make sense, he mentions bin laden but not clear thinking, here he was acting by himself. the bombs went off but they didn't really kill anyone but he's not a really good bomb maker. is this different or a lone wolf or disenfranchise? >> are political self-serving and they soothe their own anxieties as new yorkers. it's frankly a miracle that those 30 injuries of those 30 injuries on 23rd street none of them resulted in death. at some point you are going to have mass casualty events where people are going to be killed. and you know, after 9/11 maybe we begin to think that the model of the terrorist is osama bin laden u -- master-mind with a

beard. are capable of inflicting of incredible mayhem, however, stupid or small-time they may seem to outsiders. jenna: those attacks were successful that didn't happen successful, meaning that they killed people. >> israelis have been living with terror for a long time and they simply -- they take the threat much more seriously than, i'm afraid, we have so far. jenna: again, it's only wednesday, let's see where we are next week at the same time. great to see you as always. eric: the vacant seat is looming and why one can make a difference. that's why we make more ecommerce deliveries to homes than anyone else in the country. the united states postal service. priority: you

eric: what's ahead, what do you have cooking? >> a very busy news day. chilling details on what the new york bomber suspect shares with the orlando and san bernardo shooters. how do they stop the next attack? hillary clinton prepping for not one but two donald trumps at monday's first debate. smart move or has he got inside her head? word association, ever play that game? what comes to mind when you hear hillary clinton and donald trump? a new finding shows which candidate is losing in the name game. all that plus our #one lucky gash outnumbered at the top of the hour, back to you. jenna: supreme court could soon be in middle of debate of gun rights over dc law making it difficult to conceal carry.

>> the case challenges dc's strict laws that make it nearly impossible for law abiding citizens to get a concealed carried permit, when the possession law was charged, the supreme court found it unconstitutional. the late justice scalia 5-4 opinion and a person who feels his seat may have impact on second amendment rights because the case pending here in circuit court in washington will be appealed to the supreme court and you can be certain either a president clinton or president trump is going to know everything about how their potential to the nominee feels -- >> i'm going to save your second amendment which is under siege. if you want to save your second

amendment, you have to get out and vote. >> one threat at home, epidemic of gun violence and we have to have xre hence i have background checks, close the loophole and the ability of people on the terrorist watch list buying a gun in america. merrick garland is still making the rounds on capitol hill. jenna: thank you. eric: wall street journal reporting the u.s. director james suggested that moscow was behind the hacking of the democratic national committee and russia also hacked into the elections system of arizona and illinois this system. more systems moving to online voting, 26 states in the district of colombia now and that's what our next guest did.

professor joins us and spent a decade in investigating the safety of our election systems. professor, good to see you, online voting do you trust it if it becomes widespread? >> no. unfortunately online voting raises one of the most challenges in cybersecurity, we need to count every vote accurately but we also need to protect people's privacy in a time when you read almost every week in the news about one nation state or another hacking into government computer systems, online voting is just basically painting a target in democracy and inviting state level attacks. >> eric: you found evidence that china and iraq was hacking in the election system. they started online voting in washington, d.c., they say it's safe, e-mail for overseas

ballots and they issued a challenge, a dare for someone to come and hack it and you and your students were able to get in in 36, you looked at voter information, how people voted and let me show the folks what you did to show them that you went in the system, you played the university michigan fight song. [music] eric: so when you go to the voting booth, you get the fighting song. >> the washington, d.c. website that voters could use and my students and i, none of us are professional attackers, we are just researchers, we found small vulnerability in one line of code that was enough to take over the system and change all the votes. but that's the problem with online voting, just a small mistake in perhaps tens of thousands of -- hundreds of thousands of line of software

could lead hacker take control. eric: how can we make safe? >> it's going to require solving some of the hardest problems in computer security, stopping state-leafl tackers from breaking into servers, stopping malicious software on users own computers and mobile phones, all of this is going to require fundamental advances, my take is that it's going to be decades, unfortunately, if ever before we are going to be able to assure online votes to the same level that he we can assure votes on old paper ballots today. eric: we went down there and had a story of foxnews.com right now about how in their test he was able to switch the chip out of a voting machine as you know so well. so that's an foxnews.com if you want to take a look at it.

professor, we thank you, and thank you for your hope and we certainly hope the system can one day be completely safe. >> thank you. eric: absolutely. and we will be right back. [ male announcer ] eligible for medicare? that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they pick up some of what medicare doesn't pay and could save you in out-of-pocket medical costs. call today to request a free decision guide to help you better understand what medicare is all about and which aarp medicare supplement plan

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>> see you back here in an hour. >> "outnumbered" starts right now. harris: we begin with this fox news alert. chaos in charlotte, north carolina, after a black man was shot dead by police. officers used tear gas to try to break up the violent demonstrations while people hurled bottles and bricks at police. at least 12 officers hurt. cars destroyed. trucks looted. interstate was shut down. some in the black community tying it into strength of deaths of black people at hands of police. how to heal america divided this is "outnumbered." host of "kennedy," fox business's kennedy. de