because you are going to be on "outnumbered." bill: this our day planner. martha: thank you for being here and you have a dine your calendar, too. bill: we'll see you tomorrow. "happening now" starts now. martha: good-bye, everybody. [♪] jon: we'll be here for the next hour as well as 1:00 p.m. eastern. fallout from last night fiery faceoff. good morning you have to. i'm jon scott. jenna: governor mike pence and tim kaine' exchanging blows. >> we trust hillary clinton as president and commander-in-chief, but the not of done * as commander-in-chief scares us to death he's not a polished politician like you and hillary clinton. >> if you want a society where

people are respected and respect laws, you can't have people at the top who say the things he talks about. >> even if he said all the things you say he said in the way you say he said them, he wouldn't have a fraction of the insult that hillary clinton leveled when she said half our supporters are a basket of deplorables. >> donald trump cannot start a twitter war with miss universe without startin starting -- andf in the foot. >> if my son or your son did what hillary clinton did they would be court-martialed. >> that's false and you know it. jenna: they shook hands at the end of it all. peter doocy is live for us from farmville, virginia. reporter: the trump campaign

does not think their adversary tim kaine was very respectful of the moderator, going so far to suggest senator kaine was behaving in a sexist way. >> it's a word hillary's campaign loves to deploy. why was her running mate interrupting the asian-american female moderator. it's almost like he didn't hear her. it came off terribly on tv. reporter: the trump team promised a fiery performance from their side and trump's son says pence delivered. >> mike pence did an amazing job and it reinforces why my father picked him to be his hundred running mate. reporter: there is also talk about how many times kaine

interrupted mike pence. >> senator kaine won this debate in particular base had to interject constantly. he stood up to for. reporter: >> pence decided he was going to play his own game. he dumped trump. he dumped his own running mate and didn't choose to defend him. i heard the debate would be an audition for him for 2020. reporter: the bosses were watching we saw that trump sent a tweet to mike pence saying job well done and hillary

clinton sent an email to her running mate. jon: there were more one-liners flying on that topic. >> in the economy there is a fundamental choice in the american electorate. do you want a you are hired president or you are fired president in donald trump. hillary clinton and i have have a plan on the table that's a you are hired plan. >> i appreciate the you are hired, you are fired. the truth of the matter is the policies of this administration which hillary clinton and senator kaine want to continue are run this country into a ditch. james, we checked the 202 newsletter this morning and the headline says pence won, cane didn't do so well. you want to amplify on that.

>> the consensus gelled among liberals, conservatives, it was not a great night for tim kaine. he came in playing the traditional attack dog role a vice president continue cally plays. mike pence came in trying to elevate his favor built and go after hillary clinton but not defend trump as much. so the result was an uneven fight in the sense that mike pence came across very well, he debated well, his background as a talk radio host showed. he did well in focus groups, in dial testing, in instant polling. in all of those different metrics. tim kaine allies acknowledging it was offputting, maybe tried too hard. tried to put too much information in each of his answers. interjected too much. so all in all, a good night for mike pence, not so good night for tim kaine.

jon: tim kaine was on the attack. was it too much? that's the traditional role of the vice presidential candidate. >> sure it is. especially on the stump when you are not sitting with a moderator and the opposing candidate across from you. he's a jeanial guy and so is mike pence. there was one moment during the latter portion of the debate where mike pence said senator i respect your faith, and he said i yours it was one of the more cordial moments. the whole mode didn't fit tim kaine that much. it's why mike pence came off as more an affable guy. he looked into the camera a lot. he managed to pivot away from kaine's attacks on trump. jon: let's talk about the after-effects. did mike pence do his running mate a whole lot of good? >> that's the open question. there are a lot of people

including republicans who think that trump is giving some republicans buyer's remorse. he outlined an unambiguously conservative platformen point of view. he said some things that are in some ways at odds with what donald trump said. there is a feeling trump lost the debate even though pence won it. because pence upstaged him. there are people saying maybe pence should have been the republican nominee. there are people maybe uneasy about trump that feel better that he has some good people like mike pence around him this morning. the risk is trump feels like he's upstaged and it highlights the real dichotomy between their approaches to government. jon: if in fact tim kaine lost the debate. did he do his ticket and his running mate in harm in the

process? >> he didn't because he managed to stay on message. this is one of those moments where tim kaine managed to avoid significant gaffes that would have haunted the campaign for days to come. we are only 0 day out. but because he managed to stay on manage and keep attention on donald trump, he wasn't going to do hillary clinton any harm as long as he did that. he might have personally done some damage. as far as it relates to clinton and kaine, they are just fine. jon: in this election, when the central characters, the nominees of each party has such high negatives. i wonder whether there is an after-effect, people take away an impression from these debates. if tim kaine came across as shrill or rude or interrupting,

and mike pence came across as affable and measures. does that stick with people when they go to the voting booth? >> typically the vice presidential debate doesn't move a lot of voters. the clinton campaign took a risk. it's clear their strategy was to get in pence's face and try to get him to answer for trump the way joe biden did against joe biden in 2012 after barack obama did so badly in that first debate against romney. i think tim kaine was trying to do that. but there are definitely some lessons for donald trump from mike pence' pence's performance. but the question is will he learn them in time for the second debate. jon: no sound bite to live on in infamy. >> absolutely not. this was an opportunity for mike pence to try to shift the focus

back on the trump-pence campaign message. it's something trump has had difficulty sticking to on the campaign trail this year. jon: thanks so much. jenna: continuing with politics now. the democrats we are going to focus on with hillary clinton off the campaign trail for a finance event in washington. but that's not stopping her husband bill who is on a bus tour in ohio where the clinton team is working to regain momentum. our senior political correspondent mike emanuel has more. reporter: hillary clinton has seen a post-debate bounce after her first showdown with trump in many places. ohio is one battleground state where polls suggest she is trailing him. she tried selling voters in the rust belt that she has the

better vision on the economy. the real clear politicsage has trump leading clinton 43.6 to 39.8. but clinton's campaign manager is rejecting any suggestion they are struggling there. >> we have a close competitive state. year not struggling. both campaigns are running neck-and-neck. and the state will be won by a very close margin. we talk about the ground game. ours i would put up against his any day. reporter: former president bill clinton continues his bus tour of ohio. he stirred up controversy for criticizing obamacare saying people's premiums have doubled while their covering has been cut in half, and he called it a crazy system. last night the democratic nominee tried to clean that up.

>> i have been saying we need to fix what's broken and keep what works. i'm committed to making sure people retain coverage they can afford. reporter: clinton is -- jon: authorities and his family looking everywhere for a missing 14-year-old boy. he vanished yesterday near his home after going out for a run. the latest on the search for nicholas donnelly. the monster hurricane packing rain and heavy wind with 1 million people forced from their homes. the latest on the track of hurricane matthew. we want to hear from you. who do you think won the presidential debate.

if you and i choose to act as people of character. forging character has been the pursuit of hillsdale college since 1844. ♪

jon: in arizona opening statements set to begin today. an arizona fire captain accused of four murders. he faces life behind bars or a death sentence. in texas a convicted killer who begged his lawyers to stop filing appeals is facing execution today. he pled guilty to killing his neighbors in front of their children after a two-year feud. in new york, police on long island are asking for the public's help in the search for this 14-year-old boy. he disappeared after going for a run. he was louisiana seen at his home yesterday evening.

jenna: hurricane matthew battering the southern bahamas after roaring through haiti, claiming the lives of at least 11 people across the caribbean. now the east coast is bracing for one of the most powerful storms we have seen in years. bill? reporter: it's been 11 years since the devastating hurricane season hit florida. government leaders are urging every one who lives on the eastern shore of until to prepare for impact. hurricane matthew increased its wind speed this morning jumping

from 115 to 120 miles per hour. the governor is urging everyone especially those in brevard county along the space coast, cocoa beach, cape canaveral. the mandatory evacuation commences at 3:00 p.m. today. the governor is ur urging everye along the coastline. if you are going to evacuate. do not wait any longer. pack your bags, get out of town now. >> we should think about if it does hit landfall what we'll do. it continues to move closer to our state. regardless of whether it's a direct hit or not, the impacts will be devastating. >> however, today the rain is lightening up. but the winds are enabling people on the island to try to

locate numerous people who possibly could be dead. there was 40 inches of rain yesterday in haiti. that nation is the poorest in the western hemisphere. here in florida up and down the coast, gas stations and grocery stores are jam packed this morning. long lines of cars, long lines of people. a lot of supplies of water as well as fuel at some of the gas stations here. closed because they have run out. that's putting all of the cars that did not fuel up yesterday or the day before in even longer lines at the gas stations that are still open. here on the beach in deerfield. it's beautiful, sunny, nice breeze. but typically this beach would be far more crowd. that's possibly a good sign people are taking this far more

seriously. though the space coast appears to be what is expected to be a category 4 hurricane impact late tomorrow night. jon: there is a big break in the investigation of last week's deadly new jersey train crash. something that belonged to the engineer recovered from the rubble. new hampshire cherishes its role in the presidential primaries. donald trump is pushing hillary donald trump is pushing hillary clinton hard in a play for its 4 electoral votes which could make a difference in a close election. creative business incentives, infrastructure investment, university partnerships, and the lowest taxes in decades are creating a stronger economy

and the right environment in new york state for business to thrive. let us help grow your company's tomorrow- today at business.ny.gov

does your mouthg prescripoften feel dry?s, a dry mouth can cause cavities and bad breath. over 400 medications can cause a dry mouth. that's why there's biotene. biotene can provide soothing dry mouth relief. and it keeps your mouth refreshed too. remember while your medication is doing you good, a dry mouth isn't. biotene, for people who suffer from dry mouth symptoms.

jon: investigators have new evidence in last week's deadly new jersey train crash including data recorders from the lead car. another recorder found last week was not working. the recorder will give them speed, throttle and braking information along with other data. they also recovered a back fak belong the engineer and found his cell phone inside. they will check to see if the phone was in ruse or contains other information. jenna: from america's election headquarters, a closer look at the battleground states like new hampshire. donald trump won in new hampshire in february with a third of the republican votes.

now he's making a play for new hampshire's electoral votes. trump is forcing team clinton to spend more time, money and energy in that state. trent's newspaper the state's largest is endorsing gary johnson. the libertarian ticket for president. but trent as a journalist is not endorsing anybody, he's covering the race. we read a little bit of the numbers that are out. does it appear hillary clinton has the upper hand in your state? >> that's a great question. here is one thing we have to consider about the polls. we have been doing this election since last summer. there have been hundreds of numbers in the polls. i was at a friend's house over the weekend, and while we were there he got three different phone calls from three different

polls and give three different answers. he gave some answers to throw the polls off because people are sick of taking polls. hundreds of polls. the polls are within the margin of error so i would take them with a grain of salt. jenna: is there early voting in your state? >> there is into early voting. jenna: we'll have to wait until election day to see what people are doing with their votes. but i believe your friend will have to make a choice if he's going to vote. is there a single issue that seems to be motivating new hampshire vetters or is it -- voters or is it about the personality when it comes to the presidential candidates. >> new hampshire voters are very savvy. they have met the presidential candidates. and they care about the issues. i have been to clinton and trump rallies. i have seen at the trump

rallies, a lot of these people feel about the economy. they feel like they have been left behind. no matter what trump says, they support him because they believe he's fighting for them. at the clinton rallies we have seen social issues very important and abortion rights very important to the clinton voters. i would say that for new hampshire as a whole, these people are savvy and they take the time to understand issues and take the time to understand how each candidate, how their plans would impact their lives. jenna: i want to talk to you about if the senate race as well. the post did a great piece today that said five states will determine which party controls the senate. new hampshire is one of them. freshman senator kelly ayotte is in a tight runoff with the governor of new hampshire. she said something during a debate recently that got national attention. let me play that sound for our

viewers. >> there are many role models we have. and i believe can serve as president. so absolutely, i would do that. jenna: she came out after that comment and backed off a little bit. why did it get so much attention what senator ayotte said? >> i was watching that at home and said ouch. kelly ayotte is a career prosecutor. she was the head of the attorney general's office. she knows how to think on her feet. she said she misspoke. what kelly ayotte has been trying to do is figure out her place in this electorate. you have a lot of people who support trump. but then you have people who are more moderate who will say i can't vote for donald trump. maybe i can't vote for hillary clinton either. but i respect what kelly ayotte has common in the senate so i can vote for her. what she is trying to do is be

able to get the trump support but also make sure that moderate republican and moderate democrats vote for her. this will be a tough race. more than $100 million will be spent, and for new hampshire, a state of 1.3 million people, that's a huge number. jenna: ayotte was responding to a question from the moderator, would you tell a child to be like donald trump. we listened to her answer. she backed off it a little bit. >> we understand the complexities for senator ayotte. what does it look like? >> that's a great yes. if you finds someone who knows the answer, ask them to buy you a lotto ticket. this race will be so close. even if you look at the polls. all these polls have this race so incredibly close. and i think it's going to come down to who can turn out voters

on election day. will republicans and the trump campaign be able to get enough republican voters out there to compete with hillary clinton and the massive on oughtground effort democrats are making to get people to turn out. this will be a close race right up to the end. jenna: trent, great to have you on the program. we hope you join us before election day. jon: some shock revelations about online security. what yahoo provided to u.s. intelligence official and what it means for your privacy going forward. justice department announcing its plans to drop a case against a notorious arms dealer. a lot of questions being asked.

. .

jenna: breaking now. shocking new report concerning one of america's biggest email providers and your online security as well. according to reuters, yahoo! provided u.s. tell again officials to access with all the customers incoming emails, allowing them to scan millions of accounts for key words. this access was given to the nsa and the fbi. apparently embattled ceo marissa mayer may have personally signed off on the decision to comply with government request. later yahoo! spokesperson issuing a terse statement, that the company, only quote, complies with the laws of united states. bring in morgan wright, cybersecurity an sift. center for digital government. he is one of our favorites to

talk to about these issues. you say this is watershed moment. why is that? >> government is no longer trying to break everybody -- encryption. they were trying to break into things. we'll come in where the messages come across the network and decripted them in plain text, we'll give you an order give us that information there. no longer trying to break in. they're saying give us the key. we'll walk in the front door. this is unique how they're approaching it. sounds like maybe they have learned their lesson how to write orders. obviously at least one big company, yahoo!, complied. jenna: walk through real-life examples f i had a yahoo! account and someone sent me an email, before i even read the email the government would have scanned it? >> yes. so let's say i'm sitting here in a little internet cafe in some foreign country and i sent you an email. the email go into the yahoo! servers. it gets read.

if there is key word. it gets copied in another area. what they start doing they start connecting those words they're looking for who is sending them and who is receiving them. jenna: so in your opinion, is this okay? is it not okay? is this -- >> well -- jenna: what do you think about this? >> well, jenna, you know me. i'm a former cop. i bleed blue. i'm training in wichita, kansas, at kansas peace officers association around cybercrime, cyberterrorism. i love this stuff. i get a little worried about fbi searching everybody's house for item in a crime. at some is point this tends to get to be overly broad. if this is not overly broad then privacy as we know it is dead. you might as well take passwords off, open it up, so the government can see everything you do. i still want law and order to defend america but at some point this will have overreach not just technical implications and

pushback from technology complications but political complications. we have interesting debates how the candidates respond to use of government power. >> especially considering some questions about privacy and emails that came up during the campaign. >> right. jenna: interesting the technology side of it as well and you know this better than anybody, morgan. it is my understanding that yahoo! actually created what the government would use? >> yes. jenna: wasn't even the government said i have tools to scan the emails? yahoo! actually came up with something new to do this for the government? >> yeah. it may be under what, there is an act called, clea, communications assistance to law enforcement act. it has the burden. the government might have paid yahoo! but burden is on yahoo! what is needed to be done to comply with the federal order. they may have been paid but if it was done, you guy needs us to build a tool that does x, y, and z.

you have to do it because we have lawful order that you must do it. if yahoo! doesn't have the capability they would have to build capability to comply with the order we're getting very sticky stuff. jenna: it would be interesting to find out whether taxpayer dollars were used to create software to go ahead and scan taxpayer e-mails. that will be a question to ask. morgan, when we're talking about scanning emails, we talked about when it comes to the nsa before but how effective is that for actually flagging emails linked to somebody that could be dangerous? >> you know, jenna, doing some work before in the department of justice supporting intelligence community, their thing they have always been trying to find a needle in a haystack. they spend all the time making the haystack smaller. this is an exercise to try to make the haystack smaller. they need to use a bigger magnet to pull this out. mortar getting, human intelligence, getting specific.

i don't want to sort through 300 emails. i want to sort through three million emails. i know those folks have some connection to target of intelligence, target of a criminal investigation. so, it's a philosophy but i think they're going about this wrong. they have to be more narrow what they do because i think legally it will be better. but just as an american citizen, do you want government going through your trash, email, your house, all at the same time? jenna: to finish up, they could be scanning for anything. for example, if they decided they were going to scan for the term fox news, for example, then all emails that had fox news in it would get caught up in this collection? >> yes. let's talk about that real quickly too. say they're scanning for term obviously related to terrorism. what if i'm a researcher, if i'm a student simply looking up information because i'm writing paper or reporter researching that topic, am i now flagged, put into a system, am i put into a bucket they will take extra level of scrutiny for simply

engaging what is supposedly constitutionally-protected free speech. i'm just doing research. there is a lot of questions. it is about getting information and what they do with the information after they collect it and how is anything else done based upon my participation lawfully in an email chain. jenna: should we assume this is happening to all our email accounts? >> well, if yahoo! for sure obviously. the question, google came out pretty clear says, we don't do that. the question is, what is the definition of that? everybody is parsing words in their response. at some point you get a fisa order, federal order. there are some things you fight. some things you don't fight. apparently yahoo! chose not to fight this. microsoft's response was, you will to read into it. it wasn't clear-cut like google. at this point i'm assuming all your emails are be read. don't look at my yoga pants pictures. jenna: i can't say i won't but what about good old-fashioned

face-to-face communication. we've only scratched surface. hope you come back. >> absolutely. jenna: thank you. jon: verizon paid $5 billion for yahoo! a few months ago before all of this broke, right? jenna: right. jon: do you think they will be asking money back? jenna: yahoo! wasn't clear about security breach two years ago that is only coming to light. there is question whether or not that disrupts the deal. focus is on yahoo! and not necessarily focus you want as a company. jon: not good pub policety. the obama administration is moving to drop all charges against an arms deal who threatened to expose a plan by then secretary of state hillary clinton to arm anti-gadhafi rebels in libya back in 2011. chief intelligence correspondent catherine herridge live in washington with that. reporter: thank you, jon. senior executive producer pamela brown we secured only tv interview with arms dealer mark tury. emails from republicans and

democrats on capitol hill he make as compelling case the obama administration authorize adco vert weapons program to arm libyan rebels in 2011 that spun out of control. this clip from the investigation first aired on the fox business network. >> this would come under secretary clinton's watch. reporter: this sworn affidavit released in may 2015 and obtained by fox news indicates a covert weapons operation was authorized. his partner and advisor was this man, david manners. during his 18-year career at cia he served as the top spy in jordan on form her czechoslovakia. manners stated in his expert opinion the united states did participate directly or indirectly in supply of weapons to the libyan transitional council. >> that is where i came up with this zero footprint arab supply chain. reporter: and based on this new court filing the justice department has now moved to dismiss the charges against tury in part because a trial that

would happen around the election in november would publicly expose evidence about the administration's strategy to arm the libyan opposition. the government motion reads in part, in light of the court's discovery rulings, the administrative resolution between ddtc, that is a branch of the state department that licenses weapons for sale and the defendant, and other factors the government seeks leave of the court to dismiss the criminal matter. this case will now be resolved through a civil settlement which avoids litigation over clinton's term as secretary of state as well as her emails. t you uri told fox as part of the investigation he believes half weapons ended up in libya and other half went to syrian groups not friendly to the united states. jon? jon: catherine herridge, keeping an eye on that very interesting story. thanks, catherine. >> we'll have more on that coming up. a law professor gunned down in cold blood. prosecutors just cut a deal with one of the suspects in the in case.

was that appropriate? our legal panel gets into it next. (music playing) ♪ push it real good... (announcer vo) or you can take a joyride. bye bye, errands, we sing out loud here. siriusxm. road happy.

(announcer vo) you can sit in traffic. or you can crack up. (man on radio) but if it isn't refreshing... (announcer vo) sorry traffic, we laugh 'til it hurts. siriusxm. road happy.

jon: new information in story we've been following closely. a murder of a florida state university law professor dan markel, shot and killed in the driveway of his home in tallahassee in summer of 2014. more than two years later prosecutors cut a deal with a known gang leader, louis riff veer a he confessed to supplying the gun, driving the car and codefendant in the case pulled the trigger pointing authorities to a third suspect. in exchange for his information he will serve seven years in prison on top of a 12-years federal sentence served in unrelated case. wendy patrick, prosecutor and brian claypool, is a criminal defense attorney. wendy, why would prosecutors offer this guy a deal? he was facing several counts of

second-degree murder? now he will do an extra seven years. why? >> that's right. it's a great question that unfortunately we have to face especially in cases where you've got something like a murder-for-hire. in other words, there is much that went on behind the scenes that we no way of knowing about unless we gather some kind of cooperation. prosecutor in this particular case said it very well. she called it a necessary evil. you're dealing with the devil. you have to decide where the hot seat will be, in the defendant's chair or witness stand? sometimes in the pursuit of justice, you have got to make that decision to hold somebody accountable for a heinous crime such as this. jon: we mentioned yesterday, brian, a woman named catherine, that was arrested over the weekend, she seems to be according to prosecutors some kind of a intermediary. it is said that his information is what led authorities to her. but we know from court filings that the suspects were calling

her cell phone from their cell phone. why would it be for difficult for authorities to get information about her that they could have gotten with a court order to look at the phone records, couldn't they? >> exactly, jon. i, i really believe that the prosecutor in this case was auditioning for reality show. the name of that reality show is called jungle justice. that is what we have here. we've got a, we've got a deal cut in the woods here between a prosecutor and a convicted gangster, career criminal, who played an integral part, he is a co-conspirator in murdering dan harkel in cold blood. they followed him on the freeway. they have surveilance of that cold-blooded murder. this guy gets seven years and you just made a great point. like the green bay packers trading aaron rogers to the pittsburgh steelers for me. that is what the prosecutor did here. they cut this pathetic deal with

this murderer and what did they get in return? they didn't get anything they couldn't have otherwise gotten and done their due diligence and worked harder on the case and been more vigilant generating evidence. this was a lazy plea deal. jon: quickly, wendy, garcia is at guy facing the murder rap, the guy who just got the sweet deal from prosecutors said, garcia was actually the murderer. how do they know that? i mean it is sort of one bad guy's testimony against another, isn't it? >> that's right. let me respond to my esteemed colleague, brian here. he and i have both been criminal defense attorneys. one of the things you know you never really know exactly what is going to happen once the trial starts. in other words, one of the things the prosecutor said in this case, you're going to have to wait for the evidence. the three of us, we can brainstorm and speculate who knows what and who will testify to what but i wouldn't be surprised if there were very

good reasons that they did what they did. obviously they can't disclose them now. we have criminal proceedings to go through but as the trial progresses certainly we don't want to compromise the prosecution i have a feeling we'll get more questions answered why they couldn't simply rely on the state of the evidence. jon: back with our legal panel in just a moment. that are sixty-two and older about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works, how much you qualify for, the ways to receive your money... and more. plus, when you call now, you'll get this magnifier with led light absolutely free! when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home and here's the

best part... you still own your home. take control of your retirement today!

jon: let's get a peek what is on "outnumbered." sandra, harris. >> hump day sizzle. after heated vice-presidential debate. >> can't wait for that discussion. more claims of mainstream mead you yaw bias. was the moderator much harder on gop nominee mike pence as critics were saying?

>> former president bill clinton called obamacare the craziest thing in the world and now the walk back. tough words from donald trump. >> plus that, our #oneluckyguy. if you were watching at end of 10:00 hour. he may have hinted. not going to tell you. >> i missed it? what did he say, surprise is spoiled. let viewers see for themselves. >> thank you. jon: you might not know the name of avery chambers but people in payne county, oklahoma, sure do. she is the woman accused of barreling her car through a crowd last year at oklahoma state university's homecoming parade. she wants her trial moved. four people decided. dozens were injured. chambers is charged with four counts of second-degree murder. her legal team insists she can't get a fair trial in still water, because of all the publicity and outright hostility. let's bring back our legal panel

wendy and brian. can she get a fair trial in still water, oklahoma. >> i would say know. i represented. dalia dipoloto in west palm buy. her conviction was overturned because of that issue. the judge did not properly vet the jurors. you have to make sure every juror already is interviewed separately and they haven't been exposed to publicity and haven't formed an opinion that she is guilty. next to the location, the courthouse is mile away from the accident. i don't think she can get a fair trial. you need to move it into another county or bring jurors from another county into this county. jon: wendy, 20 seconds, should she get a change of venue. >> change of venue is not usually granted. in age of social media you can't outrun publicity.

lady justice is blind but publicity is not. my guess it won't be granted. jon: we'll keep our viewers updated. wendy patrick, brian clay fool, we're bach in a moment. >> thanks. jon. ♪ approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five, but now is a good time to get the ball rolling. keep in mind, medicare only covers about eighty percent of part b medical costs.

the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. like all standardized medicare supplement insurance plans, they could help pay some of what medicare doesn't, saving you in out-of-pocket medical costs. you've learned that taking informed steps along the way really makes a difference later. that's what it means to go long™. call now and request this free decision guide. it's full of information on medicare and the range of aarp medicare supplement plans to choose from based on your needs and budget. all plans like these let you choose any doctor or hospital that accepts medicare patients, and there are no network restrictions. unitedhealthcare insurance company has over thirty years experience and the commitment to roll along with you, keeping you on course. so call now and discover how an

aarp medicare supplement plan could go long™ for you. these are the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. plus, nine out of ten plan members surveyed say they would recommend their plan to a friend. remember, medicare doesn't cover everything. the rest is up to you. call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪

>> see you back here in an hour. "outnumbered" starts right now. sandra: fox news alert. the fiery faceoff, insults and interruptions fly in the vice-presidential debate. tim kaine and mike pence trading jabs over russia, immigration and their running mates but did they do enough to move the needle last night? this is "outnumbered." i'm sandra smith. here today, harris faulkner, host of "kennedy" on fox business, kennedy, fox political and legal analyst, eboni williams on the catch, today's #oneluckyguy, co-host of "america's newsroom," busy man, bill hemmer is here. he is outnumbered. >> good day, ladies. nice to see you. sandra: late night for all last