terrifying moment when a tractor trailer collides with a passenger train and dozens are injured and it is all caught on tape. and. an apartment goes up in flames. a young mother and baby trapped. the daring rescue and how it all ended, it is all "happening now". >> top story this hour. latest developments in the growing controversy of hillary clinton's private e-mail while secretary of state. she is about to give a speech in the united nations and then hold a new's conference. i am jenna lee. >> and i'm gregg scott. hillary clinton, a likely presidential candidate has not spoken publicly of course, there was that tweet saying that she asked the state department to release the e-mails that she selectively gave them. there are growing calls by top democrats to answer the questions of why clinton didn't use an official e-mail during the time as top diplomat. trey gowdy saids there are months of clinton e-mails that have vanished and are missing. and we'll bring in susan crabtree. washington correspondent. and david who is with the u.s. news and world report. susan, starting with you. was the tweet planted and fell flat and plan b which is today? >> i think that is right. i think it was not holding water. you had the white house for more than a week trying to respond to these multitude of questions and meanwhile, hillary clinton was silent and now, finally she's going to break that silence and it is going to be difficult for her though it. there is no good explanation for this. and she cannot like she did in the '90s say it was a vast right- wing conspiracy. that doesn't make sense. the new york times broke the story and the argument from james caravel back fired on the clintons. >> i am wondering about the tone she might take. conciliatory or defiant and one would expect it is not the angry "what does it matter" she uttered in front of congress? >> no, i think it will be defensive knowing the clintons and knowing their posture andel that not just roll over. the central question she has to answer is what happens next? she has 55000 e-mails and going to send them back to the state department that is not the whole trough. so the big question, is she going to allow a third party to go through the e-mails that haven't been sent back to decide which ones get released and which ones are private and stay private. that is the central question and especially since it was on a server reportedly in her private home, will she allow anyone to go back through it and is that even possible and that is the toughest part for hillary clinton. >> privateizing your e-mail account in defiance of the government rules, leaves her in total control of all of the e-mails and deciding which ones are responsive to a request. and now she could say i am in compliance and no one would know. there are no lawyers there and no government lawyers that are looking at it? >> i think the timing of when she set the private e-mail account is troubling right before she started as secretary of state. and this discretion that she has the sole discretion of what she turns over and who chooses the third party and a politician say trust me i will turn over what is official business. and some of the e-mails are part official and part personal. and where does the break down occur. and a the lost the critics have said that she set it up so that her lawyers would have first dibs on deciding which e-mails to turn over and which not to and we didn't see them volunteer the e-mails until the benghazi committee asked for them and that is problematic as well. >> i think everybody is curious. why set up your own server? we know it was not protected and secure because it got hacked in 2011 and she had to make changes to it. my goodness she is the top diplomat and all kinds of top secret information and highly classified material that she is dealing in document form or are in communication's form invariably some of it had to be communicated in e-mails and what sane person would do that with a proved e-mail unsecured bite government. >> she wants complete control over the e-mails. look she is on tape why would i have a private e-mail account. they are going to subpeona or investigate me. she had on her mind she wanted to run for president again and she wanted the control over this. and look, she will cite precedent and say colin powell had a private e-mail address and he was just on television the other day saying all of his e-mails were gone. and i am turning mine over. she will cite precedent and say others have done this. it is tougher to your specific point about the server and she created her own server. this is the clintons and they do it out of political protection. you can see the democrats staying in line with the clintons, but instead of giving her a benefit of the doubt. but does she answer with their questions and do we hear more murmurs and comments 24 hours from now? can she satisfy her own party? >> if she try to say others did it that is like saying other people robbed a bank and that is okay for me and doesn't sell. >> good to see you both. >> the other big news today it. republican senators writing a letter to iran's leader saying the deal made by the obama administration can be wiped away by the congress. and the democrats and white house are outraged. and ed henry has more on this story. ed? >> reporter: we heard from president obama lashing out and saying that the republican senators may blow up nuclear talks with iran and vice-president biden who served in the senate for decades used personal experience to lash out to the gop saying in part. the letter sent by 47 senators to islamic republic of iran is especially under cutting a sitting president and beneath the institution i revere. and a key democrat tim kaine added this. >> i share the concerns of the 47 that wrote the letter and the prime minister that were shared in the speech last week, but i deeply believe we should not try to tank and critique or under cut a deal before there is a deal. >> now the republicans who wrote the letter said all they want is a up or down vote on capitol hill. it should withstand sunshine and republicans noting back in 2007 in terms of the talk of unprecedented for congressional leaders to get involved in foreign policy. they recalled that speaker nancy pelosi met with syrian president assad when george bush was saying he was trying to isolate syria and did not want pelosi talking to assad about israel or other hot topics. and one of the republican senators defended it saying this is critical because of the potential deal, listen. >> we are demanding to see the details, absolutely. and you mentioned the talk it is it unprecedented and what is unprecedented is have the president and secretary of state saying they are going to negotiate a nuclear agreement interesting for republicans. the washington editorial page came out today and said it was a mistake to write the letter because it will underwrite the republican arguments. >> thank you. >> and an update now on the stories on "happening now". an amtrak cr north carolina could have been avoided. at least 55 people were injured when the train slammed into a truck after it got stuck on the tracks. we have more from john none in the atlanta bureau. johnathon? >> reporter: hi, gregg. authorities say the left hand turn in ha lifax county in north carolina is especially sharp and this particular truck was pulling a flatbed trailer with a mod u8ar building and electrical equipment and it was escorted by state troopers. they were there on the scene when the truck was stuck. it could not backed up because vehicles had lined up behind it and a witness captured what happened next. >> oh, my god. oh my god! oh. oh. >> and investigators are looking into weather local authorities had time to warn the train of the truck. and an emergency phone number is posted right there in the intersection, but it appears no one bothered to dial it. it is the latest in the the series of train accidents making headlines and the number of train collisions decreased since the 1980s, there has been an uptake over the past couple of years and bringing the figure to 2280. they are the second leading cause of highway accidents and standard cars remain the leading cause. back to the accident in north carolina, a crucial part of the investigation is how long that truck was stranded on the tracks. initially troopers say it was only throe there five minutes but some witnesses believe it was strappednded long as 20 months. >> thank you. >> another tough day on wall street. stocks are plunging and the dow fell more than 200 points and a lot at play in the markets and investors say fears of impending interest rate hikes and might be more challenging to buy cars and houses. and lingering concerns over the european economy and greece. >> new progress in the battle to defeat isis in iraq. but the country playing a leading role in the fight over tikrit could be a troubling development. an ambassador gives us his take. >> and what is behind the delay of a sophisticated war ship that the navy has built. and we are awaiting remarks from hillary clinton first public comments since the news broke over private e-mails while she was secretary of state. do you think the e-mail controversy will affect her chances for democratic nomination for president. go to fox news.com/"happening now" and click on america's asking. join the conversation and we would like to hear from you. ♪ help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operations. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. >> apparently the battle to defeat isis and comes in the iraqi front. iraqi security forces are heavily backed by iran and making headway in the fight. there is a word that a town near saddam hussein's home city is under iraq control. joining us is ambassador jesse. and nice to have you back on the program. >> thank you. >> when we talked about the iraqi forces backed by the shiite militia who are they on the ground? >> they come from three different groups. two of them a- sad and hesbollah gropes that fought us in the last decade when we had troops in iraq. the brigade out there didn't fight us and they are the third groom group. and the they are concerned about the amount of iranian influence. it is a mixed bag of militias that are loosely organized. >> what do you make of the iranians and their role today? >> iran is about expanding influence and this is giving them a great opportunity. it is good that it tikrit will be retaken be for iraqis from isis. but bad that the iranians are playing a role. we should be helping. and this will make the shiite arabs think that the only security is iran and not the coalition of the west and united states and it is bad in the future. >> would they be correct thinking that the only people have their back is the iranians? >> if you are out there fighting, you will look to it the left or right. if you see american soldiers you think america. if you see iannian revolutionary guard you think iran. that is natural. >> what is at stake here with iran helping the security forces taking back key areas of iraq. what does that mean for iran and what are the repercussions for us? >> what everybody in the middle east other than the iranians are saying it is bad news. iran is a threat to regional stability as is isis although in a different way. prime minister netanyahu summed it up last week when he said the enemy of your enemy is also your enemy. that is the way we looked at iran. i don't know how this administration is looking at iran iran. >> why not? >> they are careful about what they say beyond negotiating the nuclear agreement. >> what do you make of them being so opaque about that? >> some think iran would be flipped the way china was flipped 40 years ago. i don't know how locked in concrete that is. and that limits the willingness be it with syria and iranians taking the lead role and to contain ourselves. >> do you believe that iran can be flipped? >> no. >> what do you make of the nuclear negotiations? >> it is it a separate issue. if it pushes iran back a year it is the least bad option. with or without the nuclear agreement iran will change their stripes. they will do it just like the soviet did. >> what would you say with the members of the operation who think that iran can be flipped and work and not get involved with iraq because the iranians are there? >> get boots on the ground and interact quicker and play a important central role in defeating isis there and in syria and be skeptical of what iran is doing. >> ambassador jeffrey you have the experience and we appreciate the insight with someone with experience on the ground. thank you so much. >> thank you. >> amid the fire storm of the long wait times for veterans one hospital facing allegations that patient's pills ended up on the streets. stick around for. that shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list now it is. start shopping online from a list of top-rated providers. visit angieslist.com today. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com. 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[ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. what's that thing? i moved our old security system out here to see if it could monitor the front yard. why don't you switch to xfinity home? i get live video monitoring and 24/7 professional monitoring that i can arm and disarm from anywhere. hear ye! the awkward teenage one has arrived!!!! don't be old fashioned. xfinity customers add xfinity home for $29.95 a month for 12 months. plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome. >> we are waiting a high stakes new's conference from hillary clinton had. you are seeing the floor of the un where the former secretary of state is about to make a speech on a different topic regarding gender issues and equality. and she's on the other side. there we go. and then she will hold a new's conference and she will face questions of growing controversy and private e-mail on the private server while she was america's top diplomat. she has yet to answer questions. and we expect her to answer the questions and we'll go there live when she does. >> people are notting to know the reason why. we are about to find out. >> an apartment complex goes up in flames and leaving a mother and two children trapped on the second floor of the building. they all managed to it escape with the help of brave firefighters who got them down a later and out of a windy. the cause is under investigation. >> and a police are looking for customers from a chushgy cheese birthday party. and part was caught on surveillance video in the restaurant in ohio. the man followed the manager in the kitchen and threatened to kill him. and a mob of customers went on an attack. >> he was washing dishes and getting ready to start cooking pizza again and i hear a commotion and i get to 91 and i get slammed into dry stock. it is like a corner of the kitchen and i was beat down. >> it is it normally a happy place. children and their parents scrambled to get out. a woman complained that the photobooth was not working and the manager told her, she would have to wait. >> no excuse. >> complaints of pain killers. the hospital known as candy land come under complaint. >> one complaint backed up by the office of the inspector report is overprescription of opyoids. vets say they are using drugs as a solution to every problem. >> they would want you to take more drugs instead of finding something that would work they would give you something basically to shut you up. >> we know of one marine who died of the tomah va because of the drugs in his system. some patients have negative urine drug prescription. and the police chief said those prescriptions are ending up out on the street and they find them in small drug bust. and despite all of the attention paid to tomah. the chief said the volume of drugs on the streets has not decreased. among the things they are hearing and allegation of overprescription and problems were covered up and whistle blowers were subject to retaliation. >> and someone in jail get minimum wage for work behind bars. one inmate thinks so. and what our legal panel thinks of. that and instability in the region and another terrorist attack in egypt. bret baier gets an exclusive interview from egypt's president who calls for help in stopping isis. and waiting for hillary clinton to sneak the un and face reporters as she faces questions over the private e-mails. that's coming up. [ male announcer ] at northrop grumman, we've always been at the forefront of advanced electronics. providing technology to get more detail... ♪ ♪ detect hiddethreats... ♪ ♪ see the whole picture... ♪ ♪ process critical information and put it in the has of our defenders. reaching constantly evolving threatbefore they reach us. that's the value of performance. northrop grumman. >> a fox news alert and again awaiting hillary clinton that is going to hold a new's conference, we expect 50 minutes from now. and she will address the united nation in a key note speech and a live look and additional conference is taking place. she will say her prepared remarks and then walk out to the microphone and that's where she will make a statement about private e-mail used as secretary of state and we are watching the un. she will speak there in ten minutes and we'll take her new's conference live, gregg? >> the boston marathon bombing trial and now focusing on the days following the blast in a massive manhunt for the suspects. the jury hearing emotional and gruesome testimony by survivors and now a videotape of johar tasarnaev going about his life minutes after the attack. some of them were injured horrifically. and doug burns and former prosecutor a lusz. there is a term heinous and a trocious and cruel. it has to do with the punishment phase. >> it is a guilt phase technically and both sides admitted guilt and what they are really going for is the aggravating factors that you just mentioned. that's what they are going for and so it is not a shock to the jury when they are coming back and asked for the death penality they. >> you agree? >> yes, they wanted to have two penalty phase hearings. and i am told by a number of people that that is the case in a overwhelming death penalty case. and the other point is that it the defense insigneeated that the dead brother corrupted the defendant. and the prosecutors are shifting gears to disprove that. >> it is like a brain washing defense, isn't it? tasarnaev was the younger brother and controlled and brain washed by the older brother and indock triinated. >> and it is so criticical that they are looking at moments after the attack. and what he did do? he fled and tried to elude police and road over his own brother and writing message about jihad muslims and hating america. the prosecutor has to focus on those. even after his brother and dead and gone he's carrying out the scheme. >> doug all you need is one juror right? >> right. you have two other factors and this particular lawyer was effective in saving ted, the unibomber and then you have the regional aspect up in new england that is anti- death penalty answer. >> and they are death penalty qualified. and they don't have any sort of objection to it that prevents them from imposing. >> and it is right, you have to remember, that time in boston, the city was completely shut down and people at the marathon. and everybody was psychologically traumatized by this. >> and we'll turn to another case and this is different in boston, a jailed detainee filed a class action lawsuit against the sheriff's department. the jail paid detainees $1 for mopping floors and scrubbing toilets and the detainee is in jail for civil violation. he's fighting deportation to jamaica. but he said he deserves minimum wage as if crime pays doug? >> i think there is a big distinction and i think you are right. a criminally defendant who is serving time in my view legally has no claim what so ever in terms of being called an employee or minimum wage claim. the reality is that they can work off the cost of the incarceration. and when you go to civilally detained and i think they will lose. and the only question is whether they will get past the preliminary motion and to get to a trial. >> it will be tossed out. there is an exemption in the 13th amendment we abolished slavery but not for inmates. they can work for free. and that is part. >> dully convicted. >> this is a voluntarily program and they are luck toe get anything. >> i would say crime pays with a buck. >> but voluntary is important. you can turn around and say you don't have to volunteer. >> you can sit on your cot. >> and smoke if you got them. >> thank you. and good to see you both. >> did he say smoke. >> yeah you can barter in jail. >> and the president of egypt looking for more help in the united states to fight isis and the president there promised to join a fighting air force and revolution. >> and we have more on the important conversation. james. >> reporter: jenna, in no point with our fox news colleague did the president of egypt voice criticism of president obama. there is mistakenable disappointment with the u.s. egypt is followed in the fight against isis. following the assassination of 21 christians. cairo feels abandoned by president obama. it is since the overthrow of mohammed morsi. >> it is important for the united states to understand that our need for the weapons and for the equipment is dire. especially at the time when the egyptians feel they are fighting terrorism and they would like to feel that the united states is standing by them and fighting with them. >> and el- sisi deflected the question of if it was a coup that overthrough morsi and brought him to power. >> millions of egyptians took to the streets to voice protest against the political leadership and asked for elections in order to sort out the issues. unfortunately the political leadership did not respond positively to the demands of the people. secretary of state john kerry heads to egypt this week to the red sea resort and take part in the conference under which half of the 90 million citizens struggled to get by on $2 a day, jenna. >> thank you. >> and we are waiting a new's conference from hillary clinton. we'll take a look at the unite the nations. the former secretary of state of speak momentarily. i thought we had a picture of her. there she is next to moon and she will speak about women's right's issues before the unite the nations and immediately after the address she will talk to reporters and take the questions about the ongoing controversy over the private e-mail account that she used exclusively as secretary of state. we'll bring it all to you live as soon as it happens. >> and of course they are cute and adorable and incredibly bright. but a new study warns that you should be very careful and don't praise your children too much? really? you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance. >> hi everyone. coming occupy the real story. hillary clinton is finally speaking about her e-mail controversy the first time and going to happen in our show. we'll have the full press conference and analysis before and after. will she answer the questions reporters have for her? and how will it affect the benghazi investigation on the hill. we have it top of the hour. you don't want to miss it. >> thank you grech. and the arrival of the navy sophisticated warship is pushed back. it was supposed to be unveiled this summer and the navy said it will not be ready until november. it is outfitted that engineers need to make sure it is working properly. it is the 1 electric drive surface built for the navy since the 19nourt. and two others are rolled out in 2018. >> happening in fashion week in paris. we had to mention it. the guys from zoo lander are back. ben stiller and the alter ego is doing what they do best. walking the catwalk in the fashion week. it was a serious show until they came out and they were showing off clothes from vallentunno. >> and their own way. >> and thank you for. that they had time to stage their famous walk off and it is return of blew steel eexception by derek. it is a sequel is coming out and shooting this summer. and we have a lot. >> and they have starsky and hutch. >> and that is the designer who had a sense of humor. >> they are so good and funny. it is great watching them. >> okay. >> from a catwalk to the recording studio, congress weighing a decision that could have you paying extra to stream your favorite songs. and joining us from our sister network fox business network, peter barnes. peter? >> reporter: the u.s. senate is weigh nothing the battle over internet radio services. spotify steams over the internet. and the streaming companies have been battling the music publishers and songwriters of how much they have to pay for that music. it is generally controlled by government legal settlements going back 70 years and decades before the internet came in being. they get paid too little. super star singer taylor swift pulled off of her music from spotify over the issue. they were more interested in colluding to increase payments and say that the government needs to oversee their practices. >> there is a continued need for government oversite they can not leverage their market power. >> millions of spins in the digital space equals tens of dollars. and that's what it comes down to at my house for my family. >> they are testifying in a senate hearing on this issue. and the justice department is reviewing the old legal settlements to so how that should be updated and that would help the publishers and songwriters and the future of internet radio itself are at stake greg. >> thank you very much. and you can catch peter's reporting on fox business network and to find a channel go to fox business.com/channel will finder. check it out. >> and back to the un we expect hillary clinton to hold a new's conference. there is moon at the the un. he will speak before hillary clinton. and when this event opens up there was a reference to mrs. clinton as future president the and that was met with loud cheers in the chamber. setting and timing matters and the new's conference held by hillary clinton is set to get started in a half an hour after she gives prepared reports at this event for women empowerment. and in the meantime how does a four year college degrees for 10000? does that sound too good to be true? we'll look at that. at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. in our house, we do just about everything online. and our old internet just wasn't cutting it. so i switched us from u-verse to xfinity. they have the fastest, most reliable internet. which is perfect for me, because i think everything should just work. works? works. works! works? works. works. research said that children can reflect narsiszist. but not to overdo. it researchers looked and talked to kids 7- 11 right? >> and that is when it comes out. my son is perfect in every way. and so i have a coupleev years? >> what are you going to do? >> i am going to need guidance. and in the meantime we are moving on to other news. we have a fox news alert. fox news alert and here is hillary clinton speaking in the un. she's speaking now and will have a new's conference. we'll listen to what she has to say in case she mentioned what is to come .... this will be her first news conference. and the new york times published that piece that talked about her using private e-mail. some said it was information and whether or not we know what transpired during that time. we'll listen to hear what she has to say and come back in a moment. >> as i look across the hall to see so many leaders from business and diplomacy and government and civil society and a gathering of those who share the commitment. i want to thank you all. each and every one of you. women and men who understand that gender equality is not just moral willy right, but is the smart thing to do are growing in number... we may be approaching in some areas critical mass but we have to make the same case over and over again. >> and 20 minutes she will walk out to the microphone and take questions from the reporter and whether she will take the questions about the e-mail controversy. we'll be right back with more "happening now". the real story with gretchen carlson starts right now. calls for an explain nicenation are finally being answered. the likely democratic presidential candidate finally lyly responding to the controversy over her personal e-mail while she served as secretary of state. chief white house correspondent ed henry. head, has this become a political problem as well not just for hillary clinton, but for the white house toosome. >> gretchen, no doubt about it you have seen the last few daily briefings for josh ernest he's gotten dozens of questions about what the president knew when he knew it was he