day happymeal breakfast. >> i do like the egg mcmuffin, so we're in. >> a little boysen berry syrup. a fox news alert, the mayor of charlotte, north carolina saying the video of the fatal police shooting of keith scott will be released, it's just a matter of when. the announcement comets after a fairly peaceful night of protests of scott's death. over all, police made three arrests, one of them a suspect in the murder of a protestor on wednesday night. last night the crowds demanded to see the body cam footage of

the shooting. rick joins us live from charlotte. this is a story that just keeping changes, rek? >> and, and officers say that video is part of an ongoing investigation. it was a busy but calmer night last night thanks in part to the hundreds of national guard troops, and the police that helped keep everybody safe. the midnight curfew will be in effect again tonight and through the weekend as a tool for law enforcement. also, an arrest this morning of justin car. the chief says surveillance video helped identify the suspect and others who had been charged with smashing windows

and doors. late yesterday, the family of keith scott was allowed to view the police body cam video. but despite calling from the family and demonstrators, not being released to the public any time soon. >> one piece of evidence will never make a good case. i know the expectation that video footage can be the panacea, but that is not quite the case. there is a lot of other things that need to support and corroborate even what you might visually see. but the process is slow sometimes. >> the family says scott was not armed, the police chief says he was. there was another video, a cell phone video that was apparently

shot by scott's wife. fox news now obtained a copy of that video and we will turn it around and show it to our viewers. also in that video, you can see that he is holding a weapon and police tell him to drop the gun. >> she shot it from her cell phone. another fox news alert for you now, ten more names to the list of social supreme court picks after dropping 11 names back in may. it includes state supreme court justices, court of appeals judges, and mike lee of utah that has refused to endorse trump so far. this is in addition to 11 picks

that trump forwarded to replace the late antonin scalia. they have similar legal backgrounds as those on his latest list. >> a brand new bomb shell in the hillary clinton e-mail investigation sparking a major uproar on capitol hill. the justice department gave an immunity dill to sheryl mills and two other staffers as part of the now closed fbi investigation. katherine harris is live in washington with more. what do you make of this development? >> based on new documents provided, five people were given limited immunicipality agreements, and it included cheryl mills who did it in

return for access. >> why did you offer immunity and what did you get for it? >> with that, i'm not sure what i can talk about in an open setting. >> i'm doing this 26 hours after the investigation closed. i want to be thoughtful. we're big about the law, that i'm following the law about what i can disclose for that. >> that was not the phone dpraul the morning, but the four other deals went to brian pagliano, heather samuelson, paul combetta who used the technology bleach it to destroy the e-mail

archives, and state department employee john bentel who voiced concern about her private e-mail use never to discuss it again. they pressed the fbi for the deals and they just arrived this morning. so it was not released to oin side with the upcoming debate about everything. the white house thinks it was appropriate for the fbi to offer the assistance. off of the top of my head, i can't recall an incident. i would second guess the decision made by the fbi director and i won't start today. >> they also released a lengthy statement accusing republicans

of overblowing the agreements. it read that's this kind of agreement is not unusual. it came after the aides gave full interviews. and eli ya cummings says the republicans will stop at nothing to try and damage secretary clinton's campaign. next sweek a big week for the fbi director who is back on the hill and he will be testifying before the judiciary committee. he is going to be up on the hill on wednesday. many of the people in that areaing are also on the oversight committee and they were really taken aback by the number of deals and clearly they had to press the fbi to get them. >> fantastic reporting as

always. thank you. thank you. >> turning to politics now, the much anticipated debate match up between donald trump between donald trump and hillary clinton. both sides say they are not sure how this one can play out. >> she is nice and respectful. you have to gauge the moment. he is studying and taking it seriously. but you have to be yourself and true to yourself and true to your message. a place where both, you know, both candidates should be challenged and challenged the same way. donald has been able to get away with some things that hillary could not and san franciscoly no

one coul -- frankly no one could pap fox news contributor and columnist for the national review. charles, i have to start with you. i almost drove off the side of the road when they said they're putting mark cuban in the front row. >> what is that about? doesn't that strike you as ridiculous. >> it does, but this thing is just -- 100 million people are estimated to watch, the world's ultimate circus. we have never seen anything like that, that's just the cherry on top of it all, everyone is given different types of advice. this is like ali frazier, but we'll see it on monday. >> do we have that tweet from mark cuban where "i just got a front row seat to watch hillary

clinton overwhelm donald trump at the humbles at hofstra on monday, it is on. >> better be careful with over promising, i would be under promising right now if i was in either camp. >> if donald trump can go to mexico where he is getting death threats, i think he can handle this just fine. and the clinton campaign put them there, she is supposed to be the adult in the room? that is more of a student council election move than an doesn't move. >> and mark cuban to throw in there to intimidate him. it is also interesting, we heard tim kaine saying look, he got away with all of this and this is the mantra. he gets away with stuff -- >> he does. he partly looked at the

foundation, the pay for play that he is guilty of, breaking the law, trump university, this is hardly get dealt with. it only goes on, he will go on mostly friend ri meetings at this point. he is very careful about who he talks to. >> are we watching the same campaign? >> now you're really -- you realize he is not that careful sometimes, careful about who he talks to, i should say. he will lie with immunity because it doesn't matter, facts don't matter to him or a lot of his supporters. he will get away with whatever and that is the problem. >> listen, of course not, listen, come on, hillary has so much baggage in this thing you could almost start calling her teflon. in the last couple days, she is rebounding in some polls and it blows me away from the clinton

foundation, she could not even tell the american public i have in a moan a ya. >> we have the electoral college map, and a lot of the states are leaning in his direction. if you look at, for example, iowa went from a toss up to leaning right. minnesota solid d to lean d. i think things are moving his direction soon. >> absolutely, plus if you talk about winning a debate, i think he will be great. the things that people remember about the debates are the zingers and the interesting sou soundbytes, most people don't watch the whole thing, so he is like captain zinger. >> we're going to have something

coming up to tell our viewer what to watch for. we have to go. breaking news on the shooting of keith scott in charlotte. keep going. after this family released cell phone video of the incident what it shows and doesn't. from food alone. let's do more. add one a day women's 50+ complete multivitamin. with vitamin d and calcium to help support bone health. one a day. ♪ ♪

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aggressively approach them or raise his hands at members of law enforcement at any time. ted williams is a former homicide detective, thank you for joining us. we're looking at this video and preparing it to show, she says don't shoot him, don't shoot him, he doesn't have a gun, he has tbi, what do you make of all of this? >> that is one portion of the video. this video provides a lot of context, and it seems to me to support law enforcement more than the fact that he had a book in his hand. the wife keeps saying keith, don't do it, keith, don't do it.

the next thing you hear when law enforcement is on the scene, you hear "drop the gun, drop the gun." not "drop the book." that gives some context to the fact that this gentleman may very well have been armed at the time. i don't know if he was pointing the gun at the police officers, but they have to make split second decisions. they cannot wait until a person saying keith don't do it points the gun at them before they take some action. >> she does also say over and over again he doesn't have a gun, he doesn't have a gun. would she they if they were starring at a begin in his stand in. >> when a cop comes on the sen and says drop the jump, that

individual had a gun. it would be dumb for a cop to say drop the gun if someone doesn't have a gun. >> what do these videos do to the temperature in this city now. you look at this video, i watched it a number of times and it's very hard to tell what is going on. she is yelling, she doesn't have a clear view. the same with the video, the police chief has said you have a lot of questions. there's more questions than answers once you see the video. >> it is hard even with a video to get the whole and complete story. when you look at the fact that there is a gun on the scene. that law enforcement officers were legally and lawfully there, when you hear "keith don't do

it" and "drop the gun." i'm befuddled as to why they don't want to relace thatted video to the public. >> they say they're bound by the law in the way that the case is conceded, and it has gotten to the point where it seems like the public needs to see it. >> two senators looking for answers from the u.s. immigration officials. the new e-mails at the center of a growing controversy. you don't let anything keep you sidelined. that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you.

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glmplgts two senators calling for answers from the department

of homeland security after they say some officials are trying to speed up the immigration process as the election gets closer. senator ron johnson saying one in particular encourages employees to work overtime to process cases. it has clearly caused a lot of concern for some about this upcoming election. >> absolutely. we talked about some of the problems when this was back then. in this case, the civic office in the department of homeland secured is saying that it is possibly affecting the november election. it questions the u.s. immigrations services office for attempting to swear in as many

new officerers as possible. in part it says the field office needs to process as many of their n-400 cases as possible between now and fiscal year 2016. this comes days after fingerprint records allowed hundreds of people to legally maintain citizen. >> we're driving to make the country safer, protect the citizens of the country, especially on the taxpayers time, a terrible thing to do. >> i just got off of the phone with senator johnson who is getting ready for an election and he says he is very concerned about this.

>> has there been a respond to all of this. >> it doesn't really dismiss what the senator says, but they basically got a response that said there would be a spike in applications this year. they are experiencing increased workloads and working time for many officers. it resulted in a congressional hearings, questions about the clinton administration, and there is a lot of sharties here, there is a lot of concerns about this. we will continue to look at this and get to the bottom of it as

much as we can. the wife of keith scott, the man shot in north carolina, releasing cell phone video of that shooting. what it shows and doesn't show. and opportunities are here to tell us who kneed to do what to win. and here is bobby knight on why he is on team trump. >> i think he knows how to deal with problems. he has had businesses all over the world, he has given jobs to people all over the world. he has had problems and he has always been able to find a way to straighten that problem out.

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long island will play host to monday night's debate. hofstra own debate team, dr. domicka. dr. robinson, let me start with you, what advice would you give to hillary clinton.

if you were coaching her, what would you say? >> first that she needs to continue talking about policy the way she has. make herself more personable. speaking directly to the crowd. >> what advice would you give to donald trump? in some debates he has done name calling. other ones he has been laid back. if you could whisper in his here and tell him how to win, what would you tell him? >> i think if he wants to win the first presidential debate, he needs to be more down to earth. he neats to get specific on how he plans to fiblgs the country. >> that is kind of the opposite on the advice that dr. robinson gave us for hillary clinton, you still think he should go policy?

>> i think we have seen him at his craziest. we have seen him say things people find outrageous. if he wants to win more votes, i think he needs to be more down to earth, more human. >> you're experts about what your body is saying when you're up there, what are some of the things. what about the handshake at the beginning? sflt handshake is a big deal, in any conversation, communication, you need a strong handshake. when presidential candidates are weak, that tells a lot about their character. >> but you don't want him to shake her arm off. >> you want to look presidential without looking like a believe.

you don't want to shake it too hard. there is a lot of science to it. but -- >> really? >> like what? >> they study body language, they study how we present ourselves, everyone is looking for those tiny cues. >> we have seen people walk into each other's spate. we had one where deblasio walked into hillary clinton's space. >> it is a bad idea to leave your e area. so there is going to be a little more of that gender language that people will be looking for. if he steps across, it will seem aggressive. so they both need to stand in their areas, and just talk about what it is they stand for.

>> we just watched that funny moment on the screen where you saw al gore step into george w. bush's area, and he looked at him and laughed. he handled it well. what other body language things do you look for? do you try to just hold still in. >> yes within when you're talking in front of a large audience. if you have shaky hand movements, flailing of the arms -- >> ut oh, i did that earlier. >> yeah, that shows a lack of confidence in what you're saying. head up, shoulders straight, and just direct pointing as we see president obama do often, this thing. >> i may need you to stick around at the next commercial break and just make a list for me, thank you. >> president obama is expecting

to veto a bill that would allow 9/11 families to sue saudi arabia. lawmakers say they're ready to override the president's veto for the first time since he took office. is the president still planning on moving ahead with veto. >> no question, he absolutely is. and congress is expected to override it, but the whout is not letting it go without a fight. the administration has been busy meeting with lawmakers to convince them the bill would be bad. they have been protesting the position that has not affected the white house. they believe that if you allow them to sue saudi arabia for damages, if they're found to be

responsible, that could open the u.s. up to a flood or other lawsuits from around the world. it is not a popular position to take. >> the president is clear, it is a principaled up with, he took some political heat and he is prepared to take that heat because he is committed to protecting our national computer. >> if it is overridden. it will be the first time in office that it has happened. >> thank you for that report. the fbi still waiting to question the man suspected of planting bombs in new york city and new jersey. time is of the essence. plus, we're learning that he is no stranger to the fbi. armed men break into a house looking for cash and meet their match.

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president moments before and after police in charlotte shot and killed keith scott. the video is from his wife, she recorded it on her cell phone. and now advisors are telling the republican nominee don't loose your cool. a reporter has an inside scoop on how his team is preparing him for a face off with hillary clinton. it's all in the next hour, we'll see you then. foxx news alert for you. the wife of a man killed in a police shooting in charlotte,

north carolina sharing graphic cell phone video she shot during the altercation. fox news just now getting access to pictures from that. you see skooet scott on the ground after the shooting, let's talk to our possible. greg jared, greg, we were talking about this during the break, what is your take? >> shot have a distance, a little shaky. you don't see the gun or the shooting itself. you don't see, from the best i can tell, the alleged victim, but there is a narration by the wife on the scene. shouting out instructions, she claims her husband doesn't have a gun. she is shouting he has a traumatic brain injury, and finally she keeps saying over and over again. don't do it, is she talking to her husband, don't do it, like

make a threatening motion, it's hard to tell. >> i think there is a point she says "keith don't do it." i watched it four or five tames and it just, what is your impression? >> a lot of it depends on what her narration is. don't make them bank out the windows, they may have been trying to enter the car, and she has a tbi. that could indicate a mental health issue that the police have be to be trained on how to deal with those things. we have several times whenmenial health was an issue. . if they didn't do this proper will under protocol, they could be in trouble. >> the amount of time that goes by, two or three minutes where she is getting a charger or something for her phone, and the

instinct that when something is going on, you grab your phone and record so you have a weapon and she never stops talking saying don't shoot, don't shoot, he doesn't have a gun. there is so much conversation before the shots rang out. >> which makes it all the more important and perative for the police to release this videotape to the public. there is a public safety concern that overrides any compromise to the investigation. i think all of the law officers on the scene were immediately interviewed including the shooter himself, who by the way is black. that is another factor in this that has not gotten much emphasis. the dash cam and body cam video should have been released a long time ago. >> watching this video, it was amazing to me, it creates more

questions than answers. i felt the same way watching this. i almost had -- it was less clear what happened. how do you sort through all of that. >> that's why we need everything. the police chief said we're not going to be totally transparent, and the public wants transparen transparency. the chief said this is bad, the public appreciates a chief of police saying this is a bad video, or giving his narrative, this is what we believe the video shows and here it is. >> what about that? that is a good point. saying we're going to release the video, here it is, and we will rectify the situation. >> cameras don't lie, the video is often the best evidence in a particular case. here there is more than one particular video because they

have body cameras. it is interesting that the chief of police originally said this is a justified shooting, the videotape will prove it, then he is hammered yesterday and he backseated off and says well, the video doesn't show a threatening move and that is key. the governor of north carolina right now is giving a press conference to answer questions about this very case. let's listen in. >> the national naal attentiony because of the issues in charlotte. we also have a gas shortage because of the pipeline break that is now returning to normal service, and the ongoing protest situation in the great city of charlotte. i do want to briefly talk about to the national audience and the rest of north carolina. it has been extremely serious flooding concerns in eastern

north carolina. some of the worst that we have seen since hurricane irene. to the national audiences and to the statewide audience, over 17 inches of rain in some parts of our state. we also have had flooding in seven other counties. including gates, hali others. up to seven inches of rain. i declared a state of emergency two days ago to deal with this flooding. and we also had a transportation waiver to deal with some very, very serious issues that are going on. the city -- the town of windsor, the city most impacted, a town of 3,000 individuals, it is under water right now in many areas.

water to people's waists and above. >> that is the governor of north carolina. we thought he would be talking about the case that we're discussing right now. we will monitor this press conference and go back to it. i'm going back to my guests here on the set. you're talking about the liemt that the city is under and the victim that died last night. >> a wrongful death lawsuit will be filed by keith scott's family, but there was riots and one man died overnight and there will be a wrongful death lawsuit. and they will say had you released that videotape, there would not be violent riots and our father and husband would be

alive. the chief of police instead of being there the a the scene, the night before last, where was he? on television. >> from the defense side, what did you make from the video? how do you defend everyone involve snd. >> it depends on the totally of the evidence. and the lynch pin in the case is whether or not he made a gesture or move toward police officers. having a gun is not a reason to use deadly force on someone. what did they not do that lead to that event? >> watching this, she seems to be saying "get out of the car." is that your interpretation of it, don't break the windows -- >> it's hard to tell, could he even hear his wife? she is a considerable distance

away from where he is. >> they are now addressing the shooting, let's go back in and listen. >> with me today, very little sleep in the last 24 neither did many national guards, hundreds of individuals who traveled taught the night, night before last, on buss and other transport, primarily humvees, and these american and women have part-time jobs, many coming to charlotte for the first time because the come from all over the state. got to greet them when they arrived at guard headquarters yesterday in charlotte before they were deployed on the streets and i just was so impressed with the professionalism, with their willingness to do their job, and of course with their follow-through itch think the rest of the nation and the rest of the state saw the valuable tool that the national guard is for our country and the state of north carolina.

what they did responsible extremely short notice last night, under very, very trying conditions, in supporting the police department of charlotte, was, i think, just a role model for guards in all 50 states. and i just like to personally think the general for his outstanding professionalism of his team and all your commanders for the work they've done. i've been notified by the chief that we anticipate them still wanting to be deployed through the weekend. i have committed whatever resources he needs, and i will follow his directive. and again, thank you very much to the national guard. you see people hugging them. them hugging back. the best of america we saw. i'm proud of you. very proud of you. i'd like to also thank our highway patrol, our troopers.

we're not given the number of trooper wiz sent but -- >> as we said that is the governor of north carolina there giving thanks to all of the different agencies that helped in this situation they have been with. we go to break and talk more here? okay. let go back to the panel. gregg, where do they go from here? >> it's an embarrassment to the chief of police, kerr putney, because this case has been taken a. from him likely because the state bureau of investigation is suspicious that he might be covering things up. that he wasn't forthcoming with the videotape. they've taken the case appear from -- case away from him. this chief was quick to say it was justified and then says the evidence doesn't necessarily show that. and so now the state bureau of investigation stepped in and said, your out of here. we're going to look at this. we'll look out it fairly and

objectively, and that's the right thing to do. >> the court of public opinion, the got on television and said, this tape will show that our officers were justified. this will definitively showed that. then just like gregg said, he had to back away from that and the a problem when you're looking at death case, especially with these types of tensions happening within our country. we expect leaders to say things that are right, correct, and proven, and he can't. >> gregg, he made the case which you're not buying, he said originally cooperate release the video because the family had to see it first and then cooperate release the video because it was part of an investigation. if it were up to him he would but couldn't. >> he had one excuse one after another. he said he can't hand over the tape because the state bureau of investigation has taken the case over. it in sayses it's true you want to interview witnesses before they see a videotape that might

influence their testimony. but in this case everybody was interviewed immediately. >> there's even question about they say there was a gun at the site. that's a very key piece of evidence because they're even disputing that. if wife saying on the video, he doesn't have a gun. that seems like a very straightforward thing, either found a gun or didn't. >> there have been cases in which police officers have planted a gun at the scene of an unjustified shooting in which the victim didn't have a gun. >> but they would have had to have it on them at that time. >> eric will probably confirm that officers carry -- carry what's called a throw-away. >> they sometimes carry an extra gun. not all cops but it has happened, and has been can proven in court, that's why it's very important for total transparency even if it's a bad situation or board case was the public depends on these people to tell the absolute truth and

when the chief told the people, there's definitively a gun, definitely a gun there we'll show it and we're not sure, that is a problem. >> how hays changed things from a defense point of view that her instinct was to get her camera and turn the video on. the wife has pressed the case forward, made it even more urgent to release the video in the possession of police because she put her version out there. >> it has put them back into another corner. this reminds me of the wallster scott case where a man -- the police officer shot walter scat scott in the backed and a was thenned and then a video crime out that herely shows the officer was at fault. that's why people record everything. i've been talking about it for years. please record every interaction with the police so you'll have a digital record of your investigation. >> should be mandatory. >> gregg, how much different camera angles.

we talked about the body cam individual you but you talked about the dash cam. >> and could be other eye witness accounts, people with smart phones and so forth. but this is why video attaching cameras on all police officers should be mandatory everywhere. it is invariably the best evidence. >> they should not have the power to cut on the videotape or to delete the tape because some of these officers have that power to cut the video on and off. forget to cut my video on and there's an intersection. >> thank you very much to both of you. more with americas election headquarters in just a moment. we'll be right back. i'm terrible at golf. he is. but i'd like to keep being terrible at golf for as long as i can.

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the two suspects who got away. boy, fast thinking on her part. have a great weekend. here's shep. >> 3:00 in the east, nonon the west and north carolina's governor pat mccrory is speak about the events of recent days and is trying to explain something to somewhat inexplicable, explaining the state police have a video and they have a video but don't know whether they can give it out because something, something, transparency. >> -- those being investigated and those three at times conflict with each other, and we have to understand the fair and reasonable balance of those three items. i want to let you to the there are ongoing discussions with the district attorney, between the district attorney, we have had several discussions but i anticipate ongoing discussions