come in from before the backup arrived. >> officer safety, man with a gun. 128 honing in fox lake. a male white and a male black fled from scene taking the officer's firearm and pepper spray. shots were fired. unknown direction of travel. bill: the area focused on south of chicago. he's known to his friends as g.i. joe. >> i lost a very dear friend. lieutenant joe gliniewicz was a family man and a dear friend to the entire village of fox lake. bill: what more did we learn during the police update? >> unfortunately the update does not include good news or good hot leads. the local authorities released the perimeter and that means they exhausted the potential of it. for the 400 personnel out of here, all of the aircraft that were searching a two-mile grid, they released that perimeter. now they are conducting what they call sat vaition patrols. that means increased number of patrols with special attention paid for anything out of the ordinary, special attention paid to look for these three suspects. >> there was an extensive search that lasted 14 hours. consisted in numerous aircraft and consisted of over 45 canine units at the scene. that area was extensively searched. after the 14-hour search and the suspect not being located in that area the perimeter was released. >> reporter: unfortunately we cannot relay any more specifics about the suspects,er in saying two white men and one black man. bill: do we have any indication of how this confrontation started or what would have sparked it? >> no, there has been some discussion it was a traffic stop. there has been some discussion that there was a robbery in progress. that hasn't vetted out. all we know is that lieutenant gliniewicz spotted suspicious activity and went it. at some point there was a foot chase and when the backup arrived, the officer arrived, he found lieutenant gliniewicz gravely wounded. bill: when the police talk again we'll take our viewers there live. martha: there is big news about the next republican debate. cnn says it will change its rules for who gets on the prime time stage and that means carly fiorina who has surged in the polls since the last debate is likely going to find herself on the prime time stage. the move comes weeks after pressure her campaign. >> you know, megyn? literally as we are speaking i just got a text that cnn has amended their gop debate criteria. so all this pressure. >> that's so exciting. >> reporter: chris stirewalt joins me now. chris, you know, they had to give in on this sooner or later. a strange set of rules to begin with. having debates is hard. nobody is ever happy. no one is happy. they want more time, easier questions. cnn could have said go ahead and pound salt and even suggested the federal government wouldn't allow them to change their rules. but now they said the rules we came up with weren't right. martha: the dynamic has changed dramatically since july. so they are going to include the numbers that are current. what does it mean for what it will be like that night? >> most likely they will have 11 people on the stage. that's a huge and unwieldily number. you know chris christie said he might go nuclear and other candidate might start but the butting in -- start butting in to get more time. you have to like carly fiorina's chances. she demonstrated she throws punches and she is tough and has a strong command of the facts at her disposal. but it will be ugly out there and she'll have to bring her a-game. martha: a lot of people have said to me they can't wait to see her on the same stage as donald trump. >> we are watching jeb bush trying a new approach with donald trump, treat him like a a politician saying you did this and you did that. when we get to the debate we don't know what will be going on so if i relationshippa will have to decide, does she want to scrap with him or get in on somebody else. or i bet she'll focus on beating the tar out of hillary clinton. martha: thank you mr. stirewalt. bill: we had 7 in front of us. imagine 11 people. martha: they are trying to keep people happy to a certain extent. bill: what about megyn mccain's reaction. shut the front door! a county clerk in kentucky standing by what she calls god's authority, refusing to issue licenses to same-sex couples. she faced off with a same-sex couple demanding a marriage license and this is what happened next. >> i'm beyond listening to you. do your job! >> we heard you. you are all over the media. what you are doing to us i would never do to someone. but you are force our religion on other people. bill: legally this clerk could be in a lot of trouble. what could happen now? >> she is facing some serious fines and she could go to jail. legally there is not much more she can do. this has gone up to the supreme court. the court said she must start issuing same-sex licenses. but kim davis was back in her office refusing to budge. she says she's acting on god's authority. she said to issue a marriage license that conflicts with god's definition of marriage with my name affixed to it would violate my conscience. this is about marriage and god's word. but the same-sex couples who showed up yesterday completely disagreed. they say this is deeply personal. >> it's like having another person look at you like you are not a human being, like you are not equal. when i talked to her today she wasn't the same as she was a couple months ago. day saw someone who is disconnected, someone who does not see us as equal people. she does not see us as equal human beings. >> reporter: they believe and the supreme court agrees she should fulfill her duties as an official despite her personal beliefs. davis is due to appear in federal court tomorrow morning. the same-sex couple are asking the judge to fine her not send her to jail. she remains defiant. she is refusing to resign. in her word for her, it's a heaven or hell decision. martha: it's a case that set baltimore and other parts of this country on fire. after the citywide rsh rioting that followed the freddie gray case. the police officers will face a charge. could the charges be dropped? bill: the u.s. ramping up drone strike on key terror leaders. how a key strategy has taken out a critical part of isis. martha: the race for the republican nomination, jeb bush pushing back after yet another swipe from donald trump. >> i have been consistently in a loving way pro-life. if you look at his record he supports democrats. martha: at least 8 people are dead including two children after an apartment building burst into flames in paris. more than 100 firefighters responded to this scene. investigators are looking into possibly an arson situation. >> i have been consistently and lovingly pro-life. if you look at his record he supports democrats. i was campaigning for republicans in this state and across the country and was supporting hillary clinton. he thinks hillary clinton would be a good negotiator as it relates to dealing with iran. this is a guy who is not a conservative. using his own words is not a misrepresentation. they came out of his own mouth. bill: both sides taking shots at one another about every six hours. alan holmes and brad blakeman, gentlemen, good day. truck and bush. this is where the action is. jeb bush's team made a decision they will return fire. >> trump is the schoolyard bully going around the schoolyard find out who he can shake down. if you are attacked you have to attack back and trump will go around and pick people off as he feels is necessary to garner attention. this is all about earned media and keeping trump's name out there. >> he's also getting bush's name out there. this is the most life i have seen in this campaign. so far the most exciting thing i have seen from him is the exclamation point in his logo. he's such a narcissist, the worst you can do is ignore him and he goes crazy. bill: you saw the bush ad that put donald trump's going back 20 years and his word were in bush's terms far from conservative. now. >> we recognize the commitment of someone who devoted her life to public service. i want to say thank you to hillary clinton and to president clinton. >> what does that make snoik. >> my sister-in-law. >> so much of what's being created is by earned media. it's things that he does that garners all the attention. if you are going to be a serious candidate and donald trump is liedin -- isleading in the pollo take him on. >> it's amazing the republicans take him -- the conservatives take him seriously. bill: here is what trump said on twitter after jeb bush came in about hillary clinton, another weak hit by the candidate at a family campaign. jeb bush comes back and says you are not a real republican. to alan's point, donald trump was on cnn and he was asked about the comment and he said you would think i was more of a democrat than republican. that's on an interview. he says everybody was a democrat back in new york then. how could you not be. to alan's points tell that to giuliani and pataki and others in manhattan. that's a hard thing to defend when you are on camera. >> he wants to be president of the united states. a republican president. the caucasus and the primaries are not popularity contests. they are get out the vote efforts by the party faithful. trump will have a hard time turning his popularity into votes with positions like that. bill: thank you, alan, thank you, brad. martha: fox lake police telling people they need to stay inside and lock their doors as they hunts for three suspects nearly 24 hours after the brutal killing of an illinois police officer. it's just one in a string of this shootings across this nation. but is it happening more now? bill: a hearing set to get under way today. six officers charged in the death of freddie gray. should the state's attorney recuse herself? bill: police say they are searching for three suspects after the killing of a police officer in northern illinois. police are telling people in fox lake to stay indoors as they try to hunt down three then considered armed and dangerous. martha: in baltimore the police are on alert as hearings into the death of freddie gray get under way today. he died of a spinal cord injury while he was in police custody. the judge will decide whether the six officers involved in his death should be glide this case. his death sparked riots, looting and arson. what can you tell us about what's going on in the courtroom today. >> reporter: the first open court proceedings begin in the building behind me. the six police officers charged in the deaths of freddie gray. their attorneys have filed a handful of motions. they want the case against the officers thrown out because of what they are calling prosecutorial misconduct of marilyn mosby, and if they can't get that they want her removed from trying this case. the judge will consider moving this from a venue outside of baltimore because of all that happened in the last few months, particularly after the death of freddie gray after the officers were arrested. the preliminary today and next week and if all goes according to plan there is an additional trial date set that would that middle of october. bill: are they bracing for protests or violence the wake of these decisions? >> there were reports the people's power aaccept any, the group protesting this in april and may, they said they have were expecting 500 people outside the courthouse. there is only 4 some people here. this another protest planned for 6:30 tonight. there would have to be some sort of action events in the proceedings today to cause more people to show. we have only seen about 40 people here this morning. bill: investors bracing for what could be another wild ride. it seems to be a pattern, does it not? martha: governor rick perry struggling in the polls but he says don't count me out. we'll ask him what his rationale is coming up. >> we have one person dominating the field in 2007 in rudy giuliani. this is early, but the good news is there are some quality candidates out there. bill: investors bracing for another wild day on wall street. yesterday the worst start to the month in 13 years. the dow plunging 470 after a weak ming report out of china. where are we heading in the first part of today? >> reporter: i can't tell you the whole day but we are look at a 160-point gain at the opening. we are look at some positive news here, hopefully we'll get it. but i have got to tell you, you have got to keep your fingers crossed on this market because anything can happen. bill: what we are watching is what happened yesterday when we came around to a 500-point drop. markets are 120, 170. china is a big concern. there is about to be a two-day national holiday. in the meantime this report from the "wall street journal," brokerages suspected of plowing cash into china at beijing's direction which comes from the government. >> reporter: this isn't a free market, you can't say the shanghai index is a free market though goodness knows we have done manipulation on our own. but this manipulation makes international investors anxious and nervous. it ended about even. so people -- lots of questions about china. it's really the chinese economy investors are focused on. and now clearly impacting a lot of markets around the world. can days now in recession, for example, and that's largely on energy. so lots of worries about the fundamental economy. big concerns. today we got a big data point, this is a private sector number, 190,000 gain in jobs, all eyes on our jobs market friday morning. i think that does not bode well for that particular index. one of the reasons you are seeing a gain in the dow is traders think this job report might be negative and lead the federal reserve to wait on rates. bill: the dow jones up 200 so far. martha: who will be in and who will be out in the coming debate. let's look at latest state of the republican primary race. according to the average of recent polls. you have got the top two frontrunners in a national look. jeb bush. ted cruz, marco rubio behind those two. battleground iowa, trump and carson leading in the the pack. cruz, scott walker and carly fiorina nipping at their heels in iowa. new hampshire, trump still solidly ahead. but john kasich is working hard to pull up his numbers in that state. jeb bush, carly fiorina and sought walker. south carolina. trump ahead by quite a bit, carson in the second spot and bush, wearing and huckabee behind them. right in the center you have former texas governor rick perry who joins us now. good morning. good to have you with us today. a lot of people look at those numbers and they would justifiably ask, why are you hanging in there? >> in 2007 giuliani led the polls for a year by wasn't in the hunt by the time south carolina finished up. the people are going to go and vote in those early primary 8 may not be the ones being polled today. there is plenty of time to lay out -- i hope the elect will be about the individual who has the most persons running a major economy. and i think that is a real added benefit. as people focus and take a look at what really matters leading in the this country through what's going to be challenging economic times, not just for america but for the entire world, and also foreign policywise, i'll put my record up again anyone in the race. martha: it appears everyone hangs in there until they figure out the yes or no on donald trump. if that's true, what's the catalyst? what changed the dynamic. >> reporter: this is going to sort itself out as people focus. back 8 years ago when that primary was working it way out. the iowa voter, the south carolina voter and the new hampshire voter. they will be the ones that really matter. if you are not able to stay in the hunt through those first three it get more challenging for you. these are the most conservative voters hole vote. they will take a look at in trump's record and decide whether he's a conservative or not. >> that's what jeb bush has been going after him for. you were the first person in the group to calm it out for what you saw it as. but, you know, a lot of people i think were surprised and have been surprised at a number of junctures in this race that donald trump has not been knocked off the pedestal at all. do you think it's smart for jeb bush to spend his time and energy going after him the way he is or should he take the high road? >> i think it's wise to be truthful and reflect what you believe in. i'm a border governor who has had to deal with the issue of the border and securing that border, and i think that's where mr. trump -- he rightfully calls out washington, d.c. for being corrupt and greedy and we are a crony capitalism flush i shalls, that's appropriate. but when he talks about immigration, he's deflecting off of the issue that's really important. and that is i know how to secure the border. building a 1,933-mile fence. that's like from key west to main. that's rhetoric. you have the aviation assets in place. martha: he's going to keep answering i can do it and mexico is going to pay for it. martha: you lost your iowa campaign chair. you lost your new hampshire director who went or to john kasich. what are you telling your supporters. i'm sure you are on the phone with hem about how you hang in there. what's the short-term strategy for holding it together. >> i got back to south carolina. an extraordinary event. 10,000 people on the steps of the south carolina capitol we spoke to. a stand with god rally. that's a pretty good crowd. we'll keep going and showing our pitch. i know how to keep a small footprint in terms of cost. i dealt with these issues before. i think that's what americans are looking for, someone who has a record, not rhetoric. who has performed. i'll put my record up of being the chief executive of the 12th largest economy in the world against anyone out there. martha: governor, thank you very much. good to have you with us today. bill: another 2016 front runner not taking issue with donald trump, but wrath were his slogan. marco rubio explains next. >> this is our time to do our part. if we do, the american dream won't just survive, it will prosper. a mouthbreather! how can anyone sleep like that? well, just put on a breathe right strip and pow! it instantly opens your nose up to 38% more than cold medicine alone. so you can breathe and sleep. shut your mouth and say goodnight mouthbreathers. breathe right >> why are allies nervous and adversaries aggressive. the president looks us in the eye analyze to us. the president has made america weaker and more vulnerable. we need to rebuild our military. a strong american military to prevent war because no one will challenge our strength. martha: terrifying explosion at a hospital construction site caught on tape. wow! a worker blown out of the manhole by an explosion. he walks away unharmed. it happened in san jose, california. bill: the pentagon shake up its strategy to defeat isis. the cia and special-ops, the program is aimed at take out isis senior members. colonel, good morning to you. i know you have been critical of the strategy. but the most notorious online recruiter on behalf of isis is said to be dead and that's a victory. you say? >> it's incremental progress. there is good news-bad news. the good news is we are doing a little bit more to try to defeat the islamic state. the bad news is it's not going to be remotely enough. i'm in favor of any program that hurts these guys. but you can't measure war by the teaspoon full. its existence is an admission that the airstrikes have not done the job. bill: and you wa bill: al-awlaki * was conspiring to kill americans and we took him out. so that was a good thing. these surgical strikes have to be applauded. >> you know, when you go to an opera you don't applaud after the overture. we are still in the overture phase. i'm all for killing these guys. but these pinpoint strikes as nice as they are to do, they are not going to accomplish the mission. the airstrikes were supposed to roll back the islamic state and defeat it. except for kobani they haven't pushed back at any strategic location. the problem is we refuse to recognize the broad appeal of the islamic state and their power and strength. the longer we draw this out, the more powerful they become. the more brutal they become, the mort civilian population suffers, the more refugees are headed for europe. if we are not willing to act with maximum force and destroy these guys they win. >> reporter: you are arguing this administration is fighting this war. >> in all spheres that involve the military the obama administration tries to get off as cheaply as possible. a soup per power is a power. if we are not willing to use that super power to profoundly important and moral end such as defeating and destroying the islamic state, why bother at all. when you buy cheap you get cheap. obama is unwilling to face the facts that despite all the think tank studies about graduated response and modulated responses. if you are willing to go in and hammer the hell out of your enemy you don't win. bill: you have say this war is being carried out in a nice and legal manner. but the end result of such a strategy is far worse than the invasion of walk in 200312 years ago. justify that. >> the invasion of iraq was a great thing done very badly. the inyou are jernlts, not the u.s. military, the insurgents killed a lot of iraqis, there was something that came just short of a civil war. that was bad. but after obama's precipitous flight and abandonment of iraq, look at the difference. before the violence was in iraq. moist's in syria, lebanon, yemen, libya, tunisia. what was a regional problem under bush, obama's combination of neglect and strategic cowardice is driving a profound refugee crisis. destroying archeological monuments. this is a disaster of the first order and we are doing nothing. bill: there appears to be small evidence of that. colonel, thank you. ralph peters in washington. martha: we are watching protesters gathering. not huge crowds. obviously they are on edge as the court makes decision about the how they are going to proceed with the six officers who have been charged in the freddie grey case and whether there will be a trial. there is helicopters above according to our reporters on the ground. a few scuffles, a few of arrests, but nothing major. bill: refugees trying to escape extreme poverty and terror in the middle east. martha: a superstar coming back with an answer for a proud but love-struck marine. >> i love everything you do and i think you are a phenomenal person. zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. one pill each morning. 24 hours. zero heartburn. we figure you probably don't have time to wait on hold. that's why at xfinity we're hard at work, building new apps like this one that lets you choose a time for us to call you. so instead of waiting on hold, we'll call you when things are just as wonderful... [phone ringing] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. bill: a u.s. marine going viral after asking a wrestler martial arts champion to marine corps ball. he ex precious pressed his deep-felt admiration. >> you are my celebrity crush. i love everything you do and i think you are a phenomenal person. which is why it would be my honor to take you to the marine corps ball and november 11. if you do you will be making my dream come true. >> reporter: rousey was made awaste response. >> yeah, i'll show you have until the clock runs out. i'm here. bill: she said the marine needs to find dates for three her friends and he mist be a gentleman. they all must be gentlemen as u.s. marines. martha: i'm sure he will have a hard time finding those three guys. who knows what will happen. new developments on the european migrant crisis. hungary is look to seal its borders, cutting some of train service for thousands of refugees. take a look at what's going sought outside the station in budapest. senior foreign affairs correspondents gregg palkot following this story from london. this is a problem increasing in coach and magnitude. what's going on. >> huge, martha. in my many years reporting from europe i have never seen a refugee crisis this large, this diverse, this challenging. imagine the united states flotd only in the had a big immigration problem along its border with mexico but just as big a one along the canadian bored and the atlantic and pacific sea boards. the hungarian government doesn't want to seem like it's facilitating that movement to attract more asylum seekers. they strung up a barbed wire fence along the southern border which is meeting with little success. migrants camped on the french side trying to get on to the england side. they made it into the tunnel and on to the rail and into the train cars and it took hours to clear them out. martha: it has to be a coordinated effort and they have to figure out what to do with these people. >> reporter: it has to be coordinate and it's not happening yet, but they don't have an answer. over in the greek island of kos, 4,000 more migrants and refugees have come across. germany is as magnet. the economy is good. the asylum laws are liberal. finally as we are seeing more bodies wash onshore in libya. there is a bigger problem. problems in countries like syria and iraq and elsewhere, lebanon and libya. martha: questions about what could have been done to prevent this. bill: a police veteran gunned down in the line of duty. the latest in the search for three suspects. march very brand-new details that could take it scandal out of politics and potentially into the courtroom. ♪ (dorothy) toto, i've a feeling we're not in kansas anymore... 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relief. only nicorette mini has a patented fast-dissolving formula. it starts to relieve sudden cravings fast. i never know when i'll need relief. that's why i only choose nicorette mini. ♪ [ female announcer ] everything kids touch at school sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. you handle life; clorox handles the germs. martha: they are look for three people in an area north of chicago. you have got s.w.a.t. teams on the ground. you have federal officials called in to try to find these three suspects in the shooting death of this police officer it's a string of incidents we have seen through the course of this summer. i'm martha maccallum. bill: i'm bill hemmer. people in fox lake, illinois are asked to stay inside. a task force working in sweltering heat in search for three men. joe gliniewicz. a 30-year veteran. it seems everyone knew this man. lieutenant gliniewicz is the third officer killed in the country in 9 days. martha: rod wheeler, good morning you have to. here bego again, right? >> this is an unfortunate situation that happened to this lieutenant. let me give you new information i just learned. there is a dozen helicopters in the air in northern illinois searching a number of wooded areas. heavily marked area. a lot of forestry area and there are over 49 canine dogs searching for these three suspects. the police have set up a dragnet at extended 45 miles. they are not sure whether these three gunmen yesterday were able to get out of that immediate area or if they are still in that area. right now the focus is on the immediate area but it will continue to expand throughout the day. martha: they were on them right away. are you surprised think haven't found them yet? >> not really. we are talking about three armed and dangerous individual. we know these guys are not going to go easily. that's why you see the heavily armed police officers up there in s.w.a.t. gear because we expect a battle when these individual are caught. martha: it's been a hot summer, a long one for police violence. people being killed in these incidents. and these police officers we saw huge outpouring of support. here are the four individual who have been lost in the last nine days. are we hearing more about these incidents because of what happened in recents to or is it happening more, rod? >> when you look at the actual numbers, it may look like it's not happening as much as it did last year. the difference is this. we have a lot of anti-police rhetoric going on across this country. and that's definitely playing a role in some of the shootings. look at the shooting down in texas this past week of that privilege gunned down in cold blood. you will never be able to tell me that wasn't the result of some of this rhetoric being exposed by some of these groups like black lives matter. they are calling for the lynching and killing of police officers. when you have an individual that's already mentally unstable, people tend to react to that kind of crap. and what we are going to see is more shooting until we hear out of the white house other justice department that these won't be tolerated. and we haven't heard anything so far. martha: why is that? >> i don't know the reason for that but i can tell you this. a lot of people in these community were promised hope and change. did they get hope, yes. did they get change, yes. th they are changed for the worse. i think because they were not give what they were promised, no jobs, the educational system is screw candidate up. all of these things play a role in this. unfortunately it's misdirected in terms of the black lives matter. it's directed toward police officers and it's clearly misdirected. it should be directed at the government and poll figures and it starts at 1600 pennsylvania avenue. that's why it starts. martha: we hope they find these guys and hope they find them soon. bill: there is more fallout after the latest release of hillary clinton emails. those document reveal mrs. clinton wrote and sent emails containing information we now know was in fact classified. as many political insiders will debate whether her campaign will continue. >> hick is going to run for president until she is federally indicted and marched off in an orange jumpsuit. bill: steve hayes, she wrote at east sick emails using her private servers. she denied sending or receiving emails that contained classified information. how do we square this now? >> i think this is a big drip though it's not necessarily being treated as such by most of the mainstream media. we learned two thing. two i think important thing. she created and sent classified information over her private unsecured email system. and, two, she asked others to provide classified information to her. she solicited classified information from others to send to her through that same private unsecured email system. that's indisputable at this point. most of the media coverage, people are focusing on the quirky thing, the tv shows she was interested in. not the serious potential violations of law. bill: people are starting to debate which agency considers what's classified and what is not. here is the state department when asked about that this week. >> it's very difficult for us to go back and judge what the circumstance were at the type this information was shared and make a judgment and whether that information was classified at the time. it's not a black and white issue. >> he's saying it's not surprising with lawyer involved in the reviewed of the emails. >> with all due respect that is totally preposterous. it has nothing to do with the number of lawyers. and mark toner, the state department spokeman, it's a disgrace the state department is covering for hillary clinton in the manner they are. he was asked straightforward questions about the status of her email and the fact the information she created and sent and received was classified. it's indisputably classified. it's classified according to president obama's executive order 13526 which suggests information derived from foreign government sources included in a non-classified setting violates that executive order. that's a huge proper. for the state department to pretend it's not is ridiculous. bill: july 26, 2010. hillary clinton asked george mitchell to pass along a conversation with italy's foreign minister. remind our audience was the breaking news story was. >> that's the day we learned 92,000 cables were compromised by a wikileaks release. so on the very day we had the ed emails in generations, we have shoik soliciting more classified information through a private unsecured server. bill: on the same day. steve, thanks. martha: the dow which is in positive territory this morning. nice move. up 188 as they wait for the august jobs numbers. the fed said they will be very data dependent in look at whether they will increase rates. chinese workers about to go on holiday for a couple days, so a little bit of a reprieve. but the dois up 186 points. >> do you think it will stay there? martha: yeah. bill: does donald trump have it all wrong? >> i said i want to run for president, i want to make america great again. it's simple. i want to do it. bill: senator marco rubio says he has a problem with that slogan and he's live today to tell us why. >> i'm beyond listening to you. do your job. we heard you. we heard you. martha: this is quite a scene as this whole thing played out. a kentucky clerk remaining defiant after a federal judge ordered her to give a same-sks couple a marriage license which is legal in that state. will she go to jail for her beliefs? bill: kids forced to fight one another in a daycare center. and the whole thing was captured on camera. >> that's the most appalling thing i ever heard. diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead. ♪ look how 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phone, sharing it with friend. the two women charged with child abuse and child endangerment. that leaves some parents as you can imagine, a bit upset. >> i was -- it's a one-off event. my son wasn't interacting "the person involved. i'll wait for the prosecutors to do charges. i want to make sure my son is safe. bill: none of the children are said to have received serious injuries. martha: a faceoff erupts at a kentucky county clerk's office after kim davis refuses to grant marriage licenses to same-sex couples. yesterday several couples confronted davis and her staff. >> you are a bigot. you discriminate against people. >> that's her job. god doesn't run the government. this is not a house of god. >> i'm beyond listening to you. this is ridiculous. do your job. we heard you. we heard you. you are all over the media. >> what you are doing to us i would never do to someone. you are force our religion on other people. martha: father jonathan, what do you make of it? >> i would disagree with the guy yelling at her saying she is a bigot. but court decisions and elections have consequences. she is a public employee. i think she has to decide does she want to go to jail or get a new job. i think both of those would be adequate responses according to her conscience. martha: she's working in a public office and it's her responsibility to uphold the law. if she doesn't want to do that she has to work in a different environment. pope francis says during this year of mercy a priest could be a solve women who were repentant and contrite about having had abortions. that came across as big news. is it? >> yes and no. abortion isn't just about women. it's about the men involved. it's about abortionists. there is some questioning in cannon law and interpretation, all priests were absolving men and women coming for confession. pope francis in his typical way, he doesn't get into canon law. he says this is the great jubilee beginning, anyone who is contrite of heart and actually sorry for what they have done, they can receive forgiveness for their sins through the sacrament of confession. martha: you are saying it has always been true you could receive forgiveness not truely contrite. but choosing to speak by the. poem francis has brought a lot of attention to this issue. this anything in this that signifies he's taking a softer stance on this issue? >> there are so many people that tell me i could never go to your church because the roof would collapse upon me. or i can't be a practicing christian because i have had an abortion. but poach francis is saying for everyone no matter what sin you committed god is bigger than that if there is a contrite heart. >> let's look at recent polls. the first one is having an abortion a sin? these have questions to catholics. 57% saist is a sin. 23% say they have do not think it's a sin. 25% say they are catholic by religion. % culturally. 55% of those who say they are catholic say they have no catholic connection. >> i think that's why pope francis is doing what he he's doing. some people are angry about what he said about abortion saying he's minimizing the severity and gravity of abortion. what he's saying is most people aren't listening in the first place as these polls show. he's saying i want to reach out and be a voice of mercy and welcome home. martha: i wonder how those numbers will look after he visits the united states. do you think he will have an impact? >> yes, because he has always had an impact wherever he goes. it will be up to people who believe to pass on the faith they believe. but i think it will be a shot in the arm to make people question, what do i believe in. what is eternity. what am i living for. martha: thank you very much, good to see you as always. bill: we have a fox news alert. this from capitol hill. the iran deal goes through. senator barbara murkowski says she'll be the 34th supporter in the senate. murkowski will be the 34th senator to sustain the veto. that means the president wins and the iran deal is a done deal. the family of the woman killed in the san francisco is now speaking out. >> everything you look at during the day you see kate. everything you do, the meals that you eat, reminds you of kate. remind us of kate. my name is peter tran. i'm a gas service representative. i've been with pg&e nine years. as an employee of pg&e you always put your best foot forward to provide reliable and safe service and be able to help the community. we always have the safety of our customers and the community in mind. my family is in oakland, my wife's family is in oakland so this is home to us. being able to work in the community that i grew up in, customers feel like friends, neighbors and it makes it a little bit more special. together, we're building a better california. it means another neighbor is wgoing to sleep better tonight. because they went to sleep train's ticket to tempur-pedic event. through labor day, save up to $500 on select 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and death to america. unveiling a plaque at the former u.s. embassy saying they will never befriend the united states no matter the outcome of this nuclear deal. it's going to happen one way or another because we know the president that's cheefd his 34 votes to withstand a gop override. bill: senator marco rubio is our guest. if he's the commander-in-chief, what would happen then with iran. martha: donald trump's motto is make america great again. but marco rubio has a problem with that. he will tell us why when he joins us live. bill: kermit the fog on rumors about his love life. where is tmz. is there a new pig in kermit's life? 10 clks 30 in new york city and here is the making news on the nuclear deal. the president has the votes needed to pass with the 34th person signing on. mark rubio is here with us from the campaign trail. the iran deal looks like a done deal. >> they don't have the vote to pass it but the votes to sustain a veto. i am confidant the majority of house and senate will vote to reject this. this is not a treaty. nothing on this is binding. if i am the president of the united states, we will lift what the president is doing and reimpose sanction and ask congress to increase them with a backed up credible force. >> the votes to override a veto are not there. so in essence this is a done deal, senator. >> it is a done deal with the next 18 months. this is the president deciding to use the national security waiver of the current sanctions on the book and use that to lift sanction on iran. when i am president of the united states, we will reimpose the sanctions and i will ask congress to increase them more and back it up with a creditable military force. donald trump, you are hitting back at him with this comment from trump first: >> a couple people saw me make a speech and got a standing ovation after using this term. i have great lawyers. the term is make america great again. i copyrighted that slogan. >> america is a great country. the problem is we will lose that if we keep doing what we are doing. it is important to separate the country from the government. we have a government that doesn't work well but have the most creative people and productive workers and a constitution that kept us exceptional for over 200 years. it is still the greatest country in the world. the problem is if we stay on the road we are on we will lose what made us a special country. america can be greater is our bigger problem. our future can be better than our history. we will not achieve this if we keep doing what the government is doing. >> does this mean you are ready to engage with donald trump? it seems like jeb bush has engaged. are you ready? >> i am ready to talk about who i am and why i am running and what i will do for america's future and that is true for a lot of people running. 1-5 republicans are running for president as i joked. the bottom line is i will continue to talk about that. and my core message is america is the greatest country in history and we have a chance to make it better than it has been. >> do you think donald trump is a conservative? >> that is why we will have the debates. we welcome people to join the republican party who change their mind and we are looking to convert and attract more people. if he changed his position on the issues and wants to join the conservative movement we welcome that. we spend a lot of time trying to convince people that limited government and free enterprise is the answer. >> do you think he had a change of heart? >> my answer is hope so. we will have a series of debates and voters will make that decision. what we want to do is convince more people to change their minds about higher taxes and bigger government. and explain limited governmentx free enterprise, is better for the future. >> has donald trump made some of the republicans better candidates? >> the campaign is still young. people are putting kids back in school. just after labor day all of these vacations will be over and more and more americans will tune in and we will see who the candidates are and what they stand for. >> a couple more topics quickly. hillary clinton's apparently sent at least six classified e-mails. what is the status, do you believe today, about what it does to her? >> it shows she is reckless and irresponsible. people get fired and charged criminally for things she has allegedly done. i said this from the first day. i said the biggest problem is she was trafficking sensitive information because it was exposed to foreign intelligence agencies. >> you are in fifth place and holding around there and i know you want to move up. but the polling is showing the middle of the pack. part of the reason you in oklahoma city today is you are talking about energy. the message we hear from you may move the graphic. your message about energy in america would do what? >> it would create hundreds of thousands, if not a million, jobs in the energy sector and make america a cheaper place to live and cost effective place to do business especially manufacturing. we have been blessed with oil and natural gas and it is reckless and irresponsible if the government doesn't fully utilize such tools. >> we will contrast your visit in oklahoma with the president's visiting alaska. thank you. jeb bush facing a serious challenge in new hampshire in the primary from donald trump and john kasich who saw a surge in the polls since the gop debate. carl cameron is joining us live with the latest. carl, first off, trump and bush leveling strong attacks against each other this morning. what are they saying now? >> they are both saying the other is -- in the case of jeb bush he said donald trump a former democratic with formally held liberal views should be disqualified and with mr. trump he said the reason jeb bush is attacking is because he is in freefall and desperate in the polls. >> >> he is doing poorly and a low energy guy and has to do something. he has a lot of money from the hedge fund guys and lobbyist and raised over $100 million. he had to go with an expensive ad. so far everybody that attacked me went down let's see what happens here. >> reporter: jeb bush says he didn't start this but has been responding to the attacks trump made on him because of his family name and said he is weak and low energy and saying he had no choice but to do this. in jeb bush's case he is taking the day off the trail in florida today and in new hampshire tomorrow. here in new hampshire today is iowa governor john kasich. he is at ruby's general store. it has been in business for over a hundred years and inside it has pictures of candidates going back 75. it is my home town. kasich is in there with a packed hall and started out choked up and very emotional just about the experience he was having ble talking with voters. kasich is still down behind donald trump but in second place is kasich and he is pushing jeb bush who was the frontrunner into the single digits. kasich has a big faollowing in new hampshire and he is talking about how important it is to be optimistic and grateful and positive about living in america and upbeat about his future. a contrast to jeb bush and donald trump. >> i could picture you as a little boy starring up at the pictures and dreaming of the job you have. >> or wondering how i ended up with it. >> thank you, carl. >> somewhere there is a picture of that. using a pickup and table for cash and carry in the middle of the night. >> kate steinle's family filled a federal lawsuit and who they are blaming for her death and why. >> we don't want another parent to have to go through this. grief and heart ache is hard to explain until you have been there. &%c1 blp a drugstore near san diego and thieves tie a steel cable to it atm and pull it out with their truck. finally the driver hits the gas, drags it to the street and they load it in the trunk. atm found empty later that day. a $1,000 reward for their capture. the city of san francisco and the sheriff's department have done absolutely nothing to protect this from happening to another person. we feel as though we have exhausted avenues, we are frustrated, and we are here to make sure that a change is made so no body has to endure pain that my mom, dad and i go through on a daily bases. >> kate steinle's brother there explaining why he and his family have now filled a lawsuit against two federal agencies as well as the san francisco's sheriff office after an illegal immigrant who was kicked out of the country five times and allowed back in is accused of killing kate steinle. julie and guy are here, fox news contribut contributors and good to have you both. brad and his father were on o'reilly last night and this case has so much national attention. this family said after this happened to their daughter and his sister they were not thinking about this issue. they didn't even know they lived in a sanctuary city until all of this hit so close to home for them. now they want to prevent their a a an anguish from happening and revealed a system that is broken and hurt citizens in this country. >> you are right. look, obviously what happened to the family is unspeakable and shouldn't happen to anybody. i am not someone who believes that local law enforcement should be asking anybody for immigration papers. if you do get arrested and you are here illegally, ice should be notified. there is no reason they should not be notified if you are in custody for committing a crime. that is something local law enforcement should take into account. i am not a lawyer so i don't know if they have a case but morally may -- they make a good point. >> the sheriff refused to do that is what we heard and he took prize in protecting people in the city and not forcing them to go through the process. there is a picture of the sheriff involved in the case. the fact they are suing, not only does it do something for their family, and other families they hope, it will keep it in the blood stream through election process and be a large symbol for donald trump and others of the broken immigration system in this country. >> this family wants justice and accountability and i hope they get both. this particular case is heart breaking and tragic. but the larger issue that is und underscored is our border is not secured. this is a man, this killer, who was deported five times and convicted of seven felony charges and he is back in america and admitted he came to this city where i am, san francisco, because of the sanctuary city policy on the books and felt he would be shielded from law enforcement. one of the by products of that is a 32-year-old beautiful, promising woman shot dead. so i hope the family gets something they are looking for. but this is a tragic example and proves our system is broken and this non-sense that is border is now secure enough to move forward with other elements of reform i think is non-sense. >> the simple question is is the government to blame for kate steinle's death? >> no, the murderer that killed her is to blame. she could have been killed by someone legally or illegally here. >> but when someone's life is taken by someone who should never have been on the soil of the city you have to ask what policy allowed him to be there? they have to share some blame. >> our border is more secure than it has been in a while. if you built a wall that would not 100% foul proof anyone getting in. it is secondary to the fact of what should have happened. the minute he became a felon, ice should have been note fighted and deported. -- notified -- >> if you don't have borders you don't have a country is what trump is saying. that gained a lot of traction. we will see where it goes. thanks, guys. back to the iran deal. it appears the administration has the votes need today override any potential veto in congress. the 34th vote coming from the senator in maryland. bret baier is coming up, mark rubio was on with us so stay tuned on more. heather childers in a moment takes over on "happening now." what are you working on? >> good morning. we are talking about a new weapon in the fight against isis. is the united states waging a secret drone war against the terror group? and a pro-wrestling who wasface the death of his wife during the height of his career is now looking at him being the murder. and three football players september -- sent to the hospital and they are wondering if it was the sport or a drug they took. >> sounds good. see you then. my psoriatic arthritis i'm caused joint pain.o golfer. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage. my doctor said joint pain from ra can be a sign of existing joint damage that could only get worse. he prescribed enbrel to help relieve pain and help stop further damage. enbrel may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, 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schedule. comcast business. built for business. it is a good day for john kerry and we are waiting for him to labored over the deal, and will take a bit of a victory lap, when he responds to the fact it looks like this will take its way through congress with no ability to veto given the number of senators on board. john kerry speaks at the top of the hour and we will go live. check out the go-pro video here. don't try this at home. that water is only a few inches deep. robert and tucker grave are with me. robert left, tucker right, and i see it. >> yeah! >> three or four inches of water, pavement below, cars on the side of the road, how smart was this? >> pretty smart. we made it out with no injuries and just a fun time in the storm. >> no one fell? >> no swell in the ocean. we decided to hit the streets. >> tucker, did you fall? did you hit that pavement? >> yeah, we got smoked a few times but you know, it is all part of the job description if you are a thrasher like me. >> you came 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nicorette mini. only glucerna has carbsteady, diabetes, steady is exciting. clinically proven to help minimize blood sugar spikes. so you stay steady ahead. we are minutes away from hearing from secretary of state john kerry who will talk about the nuclear deal and what he will say. the republican senator from indiana is introducing him regarding the 34th vote remains to be seen. this speech was established before the day started. the iran deal as a done deal it looks like. >> it is wrapped up and mark rubio said it is treaty and he believes it can be overturned. we will see what happens. and the continuing manhunt for the three men who shot and killed a police officer in illinois. the chase on foot and in the air and now more on the latest tragic killing of a law officer in the line of duty. i can eric sean in for jon scott. >> and i am in for jenna lee. he was shot while pursuing the three suspects on foot just over 24 hours ago in the town of fox lake north of chicago.