white house? if he does he can go after hillary clinton with the backing of the manual who not only knows her best more importantly knows how to beat her. dolls he have the stamina. the guy is 72 years old. that means rolling nonstop campaign pressure for 12 and a half month. this is important. number three, barring an indictment related to the email server problem, can he he differentiate himself enough from the former secretary of state to win over democrats and enough independents to win a general election? of course, the lapse one is the key and that requires a very hard look not just at his personal beliefs but also his policies on the heels of two white house bids. so what happened in '88? what happened in 2008? will or will not matter are in 2016 if runs because it feels like this is his best shot. we will see if it happens. ed henry, our colleague is reporting that he is expected to run. of course, we will keep watching it from our perch here at the white house, greta. >> hack into her phone or into vice president biden's phone or email to find out if they are like at least talking back and forth and having any conversation about it? >> you know, it's funny. whenever you asking josh earnst listen, has the president or vice president sort of talked about this? he is very coy. now i understand the job but i try to read between the line. i try to look at body language and it appears to me, greta, that it is obvious that the president and the vice president had laid this out. they are trying to figure out a way for him to do what's best for him, meaning for the vice president. i still feel like he will run. but we'll find out together probably by thursday. and, if not, i have heard some people even mention by monday because it would let the whole benghazi thing play out and he could have a full news cycle to himself. we will figure out one way or another soon enough. >> all the political wizards said we would hear by last weekend so i don't know. we will see. anyway, kevin, thank you. >> you bet. >> and, talk about buzz. vice president biden has been the talk of the town in washington. and just about everywhere he goes the people are asking the 2016 plans. >> are you running for president? >> [inaudible] >> have you made your decision yet? >> i can't hear you. >> you have made your decision yet? >> there does come a point where a decision has to be made. >> the real test of whether or not joe biden wants to run for president is if he starts attacking hillary clinton's ethics. >> he has run for president twice before. i think should be a clear indication that he believes that he has got something to offer. >> we should bend history to our own making. >> i'm not going to comment on what joe's doing or not doing. [chanting joe. >> you can direct those questions to my very able vice president. >> he is talented. he has got a lot to offer. it's a hard road forward if he decides to go. >> former speaker of the house and the author of the brand new author. "duplicity scwts is here it to go "on the record." >> how are you. >> i'm fine. vice president biden i don't remember what i last predicted. so at least i need to have you play. is vice president biden running or not? >> i think he is running. and i think he is running partly as an insurance policy because hillary may well collapse at some point. i think he is running partly because as she moves to the left, she is taking positions that are increasing at odds with the obama policy. if you notice, 90% of obama's major fundraisers have not committed to her. 90%. that means that there is a huge group of potential fundraisers who are waiting for the obama candidate and i think the signs are the obama candidate will end up being joe biden. >> why now and certainly now. there is so much speculation. even speculation that he is going to do it on the eve of secretary clinton's testimony before the benghazi committee. you know why this sort of drip, drip, drip and the timing problem? >> well, i mean first of all, i think he had to spend some time in mourning for his son. that was a very real, very deep, very personal pain and i don't think he could just turn on a dime for that. i think second the clock starts to work in terms of entering the south carolina primary and doing some other key things and so it becomes a point where you have got to start making a move. frankly secretary clinton has had a bad couple months. she has decayed in one study that you saw when you ask her name and you do word association, the word liar comes up as the most frequent single word people associate with hillary clinton. so if you are joe biden watching that you are thinking, hey, there is going to be an opening here at system point. >> except you are so popular until you actually announce you are going to run. and all of a sudden you become a whole lot less popular. i mean, everyone, a lot of the democrats love joe biden right now if he jumps into the race that honeymoon may be over. >> maybe. he has a very good political personality. he really does love life, he loves people. he loves campaigning. and i suspect that he will be pretty enthusiastic and pretty energetic. you know, there is some talk about his age but the truth is he has been running around for six years as the vice president of the united states. that is not an easy job. and he has certainly shown that he has a great deal of energy when it comes to politics. >> so who does president obama if vice president biden gets in, does he stay silent or pick between former secretary of state and his vice president? >> well, you just showed a second ago the president saying, you know, i left that up to joe. you know, good friend, he is described the vice president as the best choice he made. remember he also made a choice of hillary clinton but he put biden as the best choice he made. i don't think all those bundlers are sitting around not raising money for hillary because they are getting signals from obama that they should. i think they kind of feel like the president doesn't mind them sitting on the sidelines waiting for joe biden to enter. >> mr. speaker, thank you, sir. >> great to be with you. >> so, is now the time for vice president biden to just go ahead and jump into the race? a brand new cnn poll showing former secretary of state hillary clinton didn't get much of a post debate bump up in the polls. 45% of democrats saying they would vote for secretary clinton. that's just a 3% increase just before the debate. are these latest polls impacting vice president biden's decision? democratic vat -- strike that gist joe trippi is here. people picked their sides already. >> that's true. the other thing it said to me is that the people watching the debate tuned in to root for their person. in other words, if you were already for hillary clinton, you tuned in to watch for her. if you were for bernie sanders you tuned in to watch for him. that meant there wasn't a lot of room for any movement to anybody which is why they both sort of floated up a little. but it also shows poor martin o'malley who actually ha decent debate but there weren't any votes to get. he actually became an asterisk after the debate. kind of amazing. >> if vice president biden does get in, your thoughts about the timing if he announces this week and obviously a lot of attention on secretary clinton at the benghazi committee. >> i think you have hit it right. i mean, the high point is going to be the day you get in. after that one of the reasons she is in the position she is in is because she has been hammered for the last five months sense all this email and server stuff happened. that's going to happen to him too. the republicans and democrats are going to do that. >> you know, i think if vice president biden does get in. i think he will steal votes not from secretary clinton but from senator bernie sanders. >> david axelrod said it's a tough road from here to get in. it is. he is the only person that would have any chance admah niewferg through this. but, the strengths of both those candidates, bernie sanders and hillary clinton make it very tough. white progressives in love with bernie sanders right now. how is he going to get any of them to come his way. >> i can't figure out why the democratic party is embracing him. he doesn't want to be a democrat. doesn't want to be in the club the club says fine. he wants to be a socialist. he doesn't even want to be a democrat on the ticket when he ran for senate in vermont. >> the voters who are for him are fervently for him. >> why did they invite him on the stage and give him a podium? he doesn't want to be in the club. >> the women for hillary and the african-americans that are for hillary, it is going to be -- he is well-liked by all of them. >> bernie sanders or biden. >> biden is. >> biden. >> but he has to somehow get those people to leave somebody they like. it's not going to be -- you don't do that by attacking hillary or attacking berne ysm it's going to be a very difficult path to get there. >> it will be great to watch democracy to work. anyway, joe, thank you: this is sizzling yeb bush -- jeb bush vs. donald trump. >> you blame george w. bush for 9/11? >> jeb said we were safe with my brother, we were safe. well, the world trade center just fell down. now, am i trying to blame him? i'm not blaming anybody. >> his view of history is just wrong 2600 days we were safe. >> when he says we were safe, we lost 3,000 people. >> i don't know why he keeps blaming this up. >> i'm not blaming jeb bush but i don't want him saying he kept our country safe. >> he talks about things as though he is still on the amen tis. >> every single person gone after me has gone way down including jeb bush. >> donald trump is not a serious candidate when it relates to foreign policy. >> the "on the record" political panel is here from the daily beast jackie kucinich and david. >> when donald trump goes out there and says he is not blaming george w. bush when he clearly is blaming him for 9/11. like an activists like michael moore. that's complete historical revictim of. stopped 1900 men stopped box cutters and world trade center. losing argument for trump. if you want to have an argument about what could have been done to roll up al qaeda overseas that still wouldn't have stopped these guys that are already here. that's been one criticism. if you want to talk about that you have got to talk about also the person who is president for eight years before that not the president for 8 months when 9/11 happened, bill clinton. >> jackie? >> one way he is winning is everybody is talking about this. rand paul responding to this on another show. is he managing to get under jeb bush's skin again which he has been very good at doing and making him look frustrated and making him look agitated. that's something he has been very successful at. >> why can't governor bush roll that one back. >> what do you mean? >> in the sense when he responds to donald trump he seems on the defense. he doesn't seem on the offense. why can't he push him so hard that he seems like is he basically pummeling bush, -- i mean trump. >> it's hard for jeb bush to push back on anything when it comes to his brother. this is family. something personal to him. he does get emotional and a little bit more agitated when it does come to someone going after his brother. we have seen that over and over again. we saw that with him saying whether he -- whether he thought the iraq war was a good idea. >> i think bush has actually gotten better at the it argument. yesterday he said on cnn i mean donald trump probably would have blamed fdr for having pearl harbor on his watch noting how he responded to it and won the war. that's a good argument. the problem with jeb and his response jeb more demeanor. he looks timid. in the debates it's his body language. it's the way he talks, not what he says. >> why doesn't he come back stronger on this? finance f. it's body language if he doesn't appear strong, that seems like something he ought to be able to work on. >> yeah. you think you would have people telling him to do that i really think the topic of his brother's record is a very hard thing. it gets personal. it gets personal with jeb bush and that makes it difficult. >> parlor game five seconds is biden in or out. >> he is? >> i don't know. i will will say he is out. >> a little controversy as i said to joe trippi or speaker gingrich i can't remember what i last said. jackie, john, if you will both stick around. viewers don't forget to watch hannity tonight at 10:00 p.m. eastern. governor jeb bush is his guest with sean that's tonight at 10:00 p.m. on hannity. >> this is fox news alert. threats against republican candidates donald trump and dr. ben carson now forcing the secret service to give the candidates 24-hour protection. fox news correspondent peter doocy jones us. peter? >> and, greta, there is now a pool of 260 total secret service agents all set to protect carson because the death threats against the doctor have reportedly been through the roof and trump because crowds at his rallies have been so consistently huge they present a unique to his campaign. had $0,000 a day per candidate for world class protection. several dozen agents per candidate at a time. and it goes to show that trump and carson are the first two in the g.o.p. to meet a high standard set by dhs that looks at polling and fundraising when deciding if somebody deserves to have the secret service by their side 24/7. that's something that clinton, hillary clinton has had since her days as first lady and something that biden would have if he was to jump in. we are still 385 days away from casting ballots. but if agents start protecting trump and carson soon, they would be in very rare company. only barack obama and ted kennedy had agents assigned to them earlier in their cycles. obama 551 days out. kennedy for 11. and in the last cycle herman cain the last to get secret service protection. we spoke to somebody from his campaign today who said there is another big benefit to getting this kind of a detail, not just the safety but also it just looks presidential. it looks good. >> it looks good. it looks like you are a candidate. all right, the other candidates and the republicans, are you hearing any news that the others are going to start asking for it? >> so far we were calling around on this people say they don't like to comment on their security but you can bet that when people do have the invisible secret service detail, there is threshold dhs has you have to have certain standing in the polls and making a certain amount of money. >> it is sort of being a prisoner. i remember senator john mccain resisted it long because you are a little bit of a prisoner in some ways. >> if you are going to have a security detail anyway, wouldn't you want the best? >> i'm all for the best. i sort of like to go to the grocery store alone. >> it's interesting though because it's rare to have a story -- it's rare to talk about the secret service for something good. we talk about them a lot for other stuff now. everybody wants them. >> indeed, peter, thank you. >> thanks, greta. and murdered ambassador chris stevens warned the state department that he was in danger and was ignored. brand new emails ahead. dramatic motorcycle accident caught on camera and what the man who caused it is saying will shock you. that's coming up. >> the cia, and top guy, cia director john brennan. his personal account reportedly hacked. the fbi and the secret service are now investigating the claims that a teenage hacker got into brennan's private aol account. that hacker claims to have accessed secretary of homeland security jay johnston's comcast account. benghazi committee chair congressman trey gowdy says he has emails that show ambassador chris stevens continuously requested extra security beginning when he arrived in libya four months before the benghazi attack. gody's remarks coming before clinton's highly anticipated testimony before that committee. as secretary clinton gets set to testify trey gowdy is lashing out at critics saying he is targeting secretary clinton. >> i have told my own republican colleagues and friends shut up talking about things that you don't know anything about. and unless you are on the committee, you have no idea what we have done, why we have done it and what new facts we have found. >> and i want to know what you think. will hillary clinton's testimony before the benghazi committee help her or hurt her? tweet the word "help" or "hurt" using #greta. we will show you the live results right here and the "on the record" political panel is back. john, trey gowdy coming out, chairman gowdy pretty forceful look these people don't even know what they are saying who are speaking about the committee. >> exactly. what really matters here is what the questions actually what facts they unearth and republicans have a tendency or both parties have a tendency of using thee committee hearings for grandstanding not fact-finding. if trey gowdy has his committee on board he has been very confident in unearthing damning information. that's what they need to focus on. don't some by grandstanders and partisan. >> chairman gowdy my impression a pretty straight arrow and a lawyer who is used to presenting things before grand juries. much of this committee stuff so far has been hind closed doors. it is a fact that nobody except those behind the closed doors knows what's when in it good bad or ugly for secretary clinton. >> he has has been reluctant to release things even those on the committee have been reluctant until now. see more stuff behind the scenes because democrats are fed up with the sort of structured leaks that may have been coming from republicans. but, yeah, i really do think that this depends on what they ask and how they ask it. the tone of this committee hearing is really going to matter. if hillary clinton is going to be able to fund raise and say they were attacking me the entire time and it looks like they are attacking her, it's going to be good for her. >> john, a lot of people think this is about the email. the email investigations over here would the fbi. this is the benghazi investigation. and what i assume is whether or not the whole point of it is to see how secure the benghazi consulate was and whether we can learn something from it in the future so we don't put our diplomats at risk that, i assume, is the point of it. >> definitely there are multiple aspects of the benghazi scandal. they immediately came out and said it was all about a video, it wasn't a terrorist attack. we want to know exactly how did that false narrative get in place? even learned more things about what these emails about the libya issue is that hillary clinton, one of her aids had business interests in libya. how is she promoting them? how much did she know about that? there are a lot of questions and facts out there that they can uncover in this hearing. >> talking about sid blumenthal so much when you live in this town. i know said blumenthal. everyone knows said blumenthal in this town. i would think they are old friends. i wasn't sure she wasn't just forwarding said's emails. i'm not sure how serious. >> all the emails that say please print in response to what said blumenthal was sending her. this committee unearthed the fact that she had other email accounts. they have done some damage. unfortunately for trey gowdy all the damage that has been -- most of the damage that's been done from his committee has come from the outside on his own side. >> i want her to tell us where the president was that night. you know, what her interaction was with the president. i also want to know where in the world this silly story came up about the video. that's what i still don't get. that was almost ridiculous from anybody who wasn't even on the inside right from the get-go it seemed ridiculous. we will see when she testifies. john, jacque, thank you. don't miss "on the record" on thursday because house benghazi chair trey gowdy will be here to go "on the record." that's the same day former secretary of state secretary clinton is set to testify before his committee thursday right here "on the record." and violence in israel. it's getting worse. it's getting worse. live to israel next. this is a fox news alert. israel's troubles are growing as violence spreads. a terrorist storming a bus station murdering an israeli soldiers shooting him at point blank. the terrorist killer also shooting and wounding 10 other israelis before being shot dead. fox news correspondent conor powell is live in jerusalem. conor? >> yeah, greta. for most of the past three weeks or so, the violence that we have witnessed here has been primarily centered here in jerusalem. but sunday night an -- attacked a central bus station in southern israel, he killed one soldier and injuring 11 others. killed refugee from the african country. ed the video shows a mob kicking. israelis believe he was one of the attackers now today prime minister netanyahu offered his condolences to the family. but, also, promised to continue fighting palestinian attacks. in recent days, israel has introduced a series of new security measures around the country but particularly here in jerusalem, wrecking dozens of checkpoints in the primarily palestinian east jerusalem. also placing large concrete walls between arab and israeli neighborhoods here. secretary of state john kerry is expected to arrive in the region in the coming days to meet with both israeli and palestinian leaders. to, quote: find a solution to the senseless violence. france unique proposal at the u.n. to place international observers at the mosque temple mount compound. this is a site that has sort of spurred the violence in the past month or so. though both israel and the united states, greta, have rejected that idea. other ideas floating out there to stop the violence. so far they haven't met with much traction. it' appears there could be a prolonged violent period here in israel as this senseless violence as carrie called it could continue much longer. conner, thank you. united nations ambassador danny dan anyone joins us. good evening, sir. >> good evening, greta. >> it's a very bad weekend in israel. violence has escalated what's your explanation behind the escalation of violence? >> streets of my beloved country. everybody became a target. people are afraid to walk in the street to take a bath. only yesterday we saw another vicious attack. southern part of israel. i think the calls of that caused incitement of the palestinian leadership. day in and day out. when the kids and i want to speak to the kids palestinians are using kids. we see this wave of terror. brainwashing the mind of kids making them to go and stop innocent people in jerusalem, in the streets of tel aviv: i think we should stop the incitement. that's why we should demand of leadership of the palestinians to condemn the violence. >> ambassador, it seems to me, that this round of violence has started for two reasons. laskly two lies have originated out of the palestinian leadership. the first is that the israelis were trying to take over a holly site which prime minister netanyahu has denied. the second is the execution of a palestinian boy. if you agree with me and i suspect you do, what provoking president of the palestinian abbas to do this now? i agree with you completely. let's speak about the boy. they said he was executed by israelis was released from an israeli hospital only yesterday and he is being treated today by israeli welfare authority. and the second lie is regarding the temple mount. we are committed to keep the status quo on the temple mount. >> why is the palestinian president saying this? i mean, those intruths? why is he doing that why now? >> it's not for the first time. when you look at history every time a palestinian leader take fast decision which he couldn't take or didn't want to take, he went and start blaming temple mount insighting -- easy way out from negotiating. prime minister netanyahu said i'm willing to negotiate with the palestinians. but instead of negotiating, they are insighting. >> all right. secretary of state john kerry is expected to meet in berlin with prime minister netanyahu and to meet separately with the prime minister -- with palestinian president mahmoud abbas. would it make more sense for the three of them to sit at the same table and speak together rather than separately to try to sort this one out? >> prime minister netanyahu stated that he is willing to meet abu -- everywhere. in germany, in washington, in the ramallah or in jerusalem. willing to negotiate if we fail to bash israel in the u.n., bash israel in the media to lie about israel. not see a meeting like that. i expect for the international leader not to put israel and the palestinians in the same equation. they are the ones attacking us. they are the terrorists. we expect full condemnation for the attack. >> not just iraq and syria. now isis is spreading to other nations. find out where straight ahead. plus, two motor lists knocked off of their bike it is what happened after the crash that will leave you shocked. ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? when you're not confident your company's data is secure, the possibility of a breach can quickly become the only thing you think about. that's where at&t can help. at at&t we monitor our network traffic so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most. it's more than tit's security - and flexibility. it's where great ideas and vital data are stored. with centurylink you get advanced technology solutions from a trusted it partner. including cloud and hosting services - all backed by an industry leading broadband network and people committed to helping you grow your business. you get a company that's more than just the sum of it's parts. centurylink. your link to what's next. ♪ it's the final countdown! ♪ ♪ the final countdown! if you're the band europe, you love a final countdown. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. go to ziprecruiter.com and post your job to over one hundred of the web's leading job boards with a single click. then simply select the best candidates from one easy to review list. and now you can use zip recruiter for free. go to ziprecruiter.com. now to our neighbor in mexico the hunt for el chapo the world's most infamous drug lord heating up. confirming guzman was injured last week when zeroed in on the king pin but he got away. he has been on the run since tunneling out of a maximum security prison in july. live in the mexico city with the latest, james? >> well, this is the information that we have about the fact that they almost got him but didn't get him again and they released information saying he had had been injured his face and his leg had been injured. now, some sources said that meant being shot by the marines. but the government here has insisted these are not wounds. it was not a confrontation injury it was caused by escape. that they weren't and i don't know if they can or can't, but will not tell us that the circumstances. this is maddening for the journalists over here because really we have got a jigsaw missing a lot of pieces. the search itself, greta, is being concentrated in the wild syria range which straddles durango and marines have been carrying out raids and also going combing through this area it's vast. he has lived there most of his life and he knows it like the back of his hand. >> james, thank you. he has had so much inside help. who knows how much help he is getting on this one as well. james, thank you. >> thank you. get ready to speed read the news. the suspected cause a gas leak. 8 people, including a child were rushed to the hospital. the child was trapped for three hours underneath rubble before being pulled to safety. and an update tonight in the case of missing baby chance. chance's father joseph walsh in jail in south carolina now being extradited to florida. chance's mother kristen berry has already been charged with first degree murder of their baby chance. the infant has been missing for several weeks. joseph walsh is also expected to be charged with murder in florida. and the u.s. coast guard jumping into action for two separate rescues. two fishermen became stranded after the boat broke down off the frigid waters of new jersey. pulled to safety. a man off the coast of atlantic city plucked from sea. all those doing fine. killer still on the run after opening fire at the popular zombie convenient. one dead and five other wounded after gunfire broke out at the festival when the shots rang out. a ray of hope for lamar odom the former nba and reality star is breathe on his own. found unresponsive at nevada brothel. tmz reporting that doctors say he will survive but a long road to recovery. and odom's estranged wife khloe kardashian has vowed to stay by his side the entire time and that's tonight's speed read. and coming up. wait until you see this video. a driver swerves into a motorcycle. what the driver says will leave you speechless. that's straight ahead. test test video caught on camera. a driver swerves and hits a motorcyclist and may have been intentional. dramatic crash taking place along a road in texas. texas department of public safety is investigating and using this video as evidence. >> gorgeous day on the open road. but watch closely as a perfect day for riding take as sudden turn for the worse. yes, total horror, a biker illegally crosses a double yellow line and swerving car sends that driver and passenger flying right off the motorcycle slamming into the ground. every moment caught on camera. but that's not all. driver helmet cam what were you doing? you hit him. >> i don't care. >> i got it on video too. >> i don't care. >> i swerved and hit them. >> i don't care. >> you heard that right. >> i don't care. >> the driver who sent the bikers flying coldly saying this. >> you swerved and hit him. i got it on video. >> now the dramatic video going viral hitting more than 2 million views on facebook sparking outrage across the internet. the "on the record" legal panel is here katie phang and criminal defense attorney ted williams. ted i don't care. let me say here the cyclist crossed a double yellow line. the cyclist acted illegal. the cyclist assumed the riske the driver also said he may not care but he also said he had been stung by a warp and that was the reason he acted that way. i'm sure many of your viewers that way can recognize when there is a beor warp in a car you will take some action like this. >> you are defending him. >> i am defending the driver. i will defend him every day you blirtd stick around for final comment on this. >> i completely disagree with ted. this guy better show a serious warp sting to the police. can you prove through circumstantial evidence on that video. man got out of the car and did not see what happened to the people that he hit and say i don't care and say that was aggravated assaulted with a deadly weapon a deadly weapon being a car. in texas that's a felony, reckless driving causing injuries in texas that's a felony as well. the man has a lot of nerve to sit there and say he doesn't care. but if i were him. i would care especially if he gets charged by local law enforcement. >> but you have got to get into this guy's head and you have got to show that i understand may go to state of mind. he said that a warp stung him. if he can show that he was stung lie a warp or he believed that it happened, i can unequivocally tell you that's a good defense. this guy crossed that double yellow line. he assumed the risk. he shouldn't have been there. >> just sort of wildly warp bit him. stung him just as that second as the motorcycle is coming up. what a coincidence. flip wilson said the devil made me do it. when that guy crossed that double yellow line and a warp in his car or are that would have made him act the way he acted. and the question is the last clear chance. did this guy see this guy and have the last clear chance. >> clearly the guy shouldn't -- passed a car with a double yellow line. you don't take your car and use it as a weapon. >> use your eyes, look at it? >> the operator of the motorcycle was cited for crossing the double yellow line. also cited for not having a valid license that does not he eliminate any criminal liability that the operator of the car might have if you listen carefully to the video you can hear him in the background being the guy who swerved. when auto motorcycle comes up and tries to pass. so the fact is, i bet you are going to be able to prove that the guy knew they were coming and it made him pissed off and that's the reason why he swerved to hit him. >> that's an assumption on your part. the bottom line is go to the video. i do like katie's imitation though. can we have that again, katie? see that one again? that was incredible. [ laughter ] all i can tell you when you cross a double yellow line you take a risk. >> you don't take a risk that someone is going to try to run you over. >> why do you have a double yellow line. >> you are not supposed to pass. i get it. that's not a defense to homicide. he crossed the double yellow line i thought i would take my. >> driver actually intended to hit this guy. i don't think you can show that by virtue of what we have seen. >> oh, brother, you better stick around for my off-the-record statement. katie and ted, thank you investment. let's all go off the record this video of a driver swerving and running into a motorcycle and injuring two in texas is almost unbelievable. you don't have are blind eyes and neither do i. we see this. and talk about lucky. this motorcyclist who did illegally cross the double yellow line is lucky to be alive. this could have been fatal including for his passenger. and while i'm not wild about everyone spying on everyone with cameras, the motorcyclists is also very lucky his friend had a camera on the front of his motorcycle helmet to record. this i doubt the police would believe anyone would be that debraved to try to deliberately swipe a motorcyclists. i doubt the guy in the car would say to the police i don't care which is what said on camera before the police arrived. what's with that stung by a warp defense? that's a lame defense as a former are criminal defense attorney i have heard a lot of defenses. maybe he has a warp sting but it sure seems pretty remote to me. while i don't defend passing in a no pass zone. that's dangerous. having the entire event caught on camera makes my tip to the car driver easy. do yourself a favor. if you don't have a warp sting, cut yourself a deal fast because you got caught and that's my off-the-record comment tonight. thanks for being with us. see you again toim tomorrow night right here at 7:00 p.m. eastern. look at these. i couldn't decide on my favorite tweeted picture of the day. it was a toss up. i chose two bruce willis wearing his trump hat. this one is cute tweeted by kim kardashian. that's her daughter northwest and a pal at the pumpkin patch. so never mitt my favorite tweet pic of the day and see whether it's a great pic or not. set record "on the record" never miss my favorite picture. benghazi testimony help or hurt her? here are your results and up next the o'reilly factor. good night. tonight on "red eye", should republicans be talking about impeaching hillary clinton? that means they think she is going to be president. it is something to annoy everyone. and a new attack ad says donald trump can't be trusted with our 4,600 nuclear bombs. wait, how many do we have? a man attacks a passenger on a plane for reclining their seat. we'll investigate andy levy's alibi. first, a news break. >> live from america's news headquarters, i'm robert gray. an anonymous hacker is claiming to have broken into the private e-mail of the cia director john