train is beat him on super rkunñ will thub8b new strategy >> we come to you now as one people with a broken heart. >> a police officer killed on the first day of patrol. the suspect's links to the pentagon. >> we have the unenveable task of dealing with people. >> and dramatic rescue on the side of the cliff. it is all "happening now". first in the the primary season. less than 2tr hours before the race to the polls. welcome to "happening now" now. i am jenna lee. >> i am jon scott. they call it super tuesday for a reason. the sheer number of delegates could go a long way to determine the candidates forxd both parti. >> you know all of the big names, they have hit the campaign trail. dr. ben carson will be in edgent university chaem in virginia. in the meantime democrats are pounding the pavement ahead of super tuesday. and hillary clinton is in boston trying to ride a wave of momentum. there is questions about bern py sanders and taking massachusetts. bernie sanders is not letting up the pressure. he will hold a rally in minneapolis. that is a state that he might surprise them. >> we have fox nows coverage of all of this. ed henry covering the democratic side. and casy steñr gal in dallas wi cruz campaign: >> reporter: georgia isñr beating its ownita record in terms of early voting. 400000 ballots, early ballots cast surpassing the record in 2008 by 50 percent. that is huge and shows a lot of voter enthusiasm. here in georgia donald trump has double-digits over cruz and rubio. in alabama, trump picked up a key endorsement for jeff sessions. but he fought off attacks from the other candidates who accused him from flip flopping. >> it is time to open our eyes. we cannot allow a con artist to get access to the nuclear codes. >> for the civil war you couldn't fight for the north and south. they'3atñ! didn't make a musket a barrel on both ends. pick a side. nevertheless polls suggest that donald trump has attracted the evangelicals that was once thought to be a strong hold for ted cruz. and on super tuesday is there going to be a second place contender? >> if ted cruz loses in texas it is obvious that it is rubio. if they split the vote you don't have a consensus and donald trump could ride this on to the convention with noxdñr role challenge. >> reporter: hillary clinton enjoyce a lead over bernie sanders. she is appealing to it the african-american who represent in the state of georgia. they predict a heavier than usual turn out in the polls on super tuesday. back to it you. it will be fascinating to see what is happening, thank ñi you. >> hillary clinton holding a rally in boston. south is looking goodxd for her but states like massachusetts and minneapolis, we'll listen in into what she said. >> there is a bunch in both of pon and cam bridge and throughout this state. you see is, i have concluded that they don't believe. that they know better,ñr but th are taking orders from the kolh brothers. they said don't acknowledge climate change is role. but think of the jobs weñr can create by invest nothing clean renowable energy. i want to deploy half billion more solar panel by the end of the first term and every house by the second term. knock down the barriers of starting and growing a small business. especially for young people. everywhere i gyoung americans want to start a small business. and for minority and women, that own small businesses. we have to clear uä'ç9@d the barriers. and let's raise the federal minimum wage. you you should is not be working full-time and still be in poverty. and finally, let's guarantee equal pay for women's work. don't you think it's time. now, i got to it tell you, everything that just said the republicans don't agree with. they don't see any point in infrastructure or manufacturing or clone energy and don't believe the raising of the minimum wage. that will be be a big issue in the campaign and they are going to try to sell the american people the same snake oil. trickle down economics and we have heard and seen it before. when i joined the senate in 2001 it was under a republican president and i thought we were on the right track at the end of bill's manager. i realized the new administration wanted to dismantle all of it and they did a good job, didn't they. slashed taxes on the wealthy and get out of the way of regulating wall street and mortgage market and we saw what happened. the worst financial crisis since the great depreg. you know in 2008, president elect obama called and asked me to be coming to chicago. he asked me to be secretary of state, but before we got to that, before we talked about that and he looked at me, it is so much worse than they told us. i want you to remember this, i am going to talk about this every day, if i am fortunate enough to be the nom no. i am going to talk about this until the november election. we were losing 800000 jobs a month. 9 million americans lost their jobs, 5 million homes lost 13 trillion in family wealth wiped out. that's what our new democratic president inherited and i don't think president obama gets the credit he deserves for making sure we didn't fall into a great depression. the income inquality is whatñi hillary clinton is taking up on the campaign trail. and a contrast to what we heard on the campaign trial for republicans, take a listen to this. >> which is why i don't understand why his hands are thç someone of someone five- twochlt have you seen his hands and you know what they say about men with small hands? ñi you can't trust them. you can't trust them. >> for example, there are multiple media reports about donald's business dealings with with the mafia and maybe those business dealings are more expensive. >> you know, little rubio. this guy has a fresh mouth and he's a very nasty guy and i actually thought ted cruz was a liar, but rubio is worse. and i see him starting to sweat like i have never seen anything like it. thank god he's got large ears. >> all right. that is a taste of how nasty it is getting between the three republican candidates and between the mudslinging a bigger battle is taking place. it is the fight for the gochlt on the eve ofñr super tuesdayñi article. at a moment when republicans hoped to be fighting hillary clinton. the gop has instead become consumed by a crisis in their ident etand core values. we have tony who is a republican political analyst and a fox contractor. interesting to hear from hillary clinton, snake oil. snake oil sounds like something that's con artist wouldous or business with the mafia and the themes that republicans are are the democratic candidate sounded like republicans. >> that shows why she had a hard time with someone whoñi is a socialist like bernie sanders. the fact that she isxd suggesti that she is going to stand up to wall street and regulate wall street is part of that clinton hypochrissy. and attacking the republicanses, clearly in a democratic primary you can talk about trickle down economics and bill clinton used those policies in his tax cuts. and that may work, i don't see how she will win the argument in the general election. >> but on the qsurface, those catching this. what is the risk of the republican and democrat candidate sounding a lot a like. >> hillary clinton after her victory in south carolina is well positioned in the southern states that are voting tomorrow. and she is trying to make the general election argument now. and she is advantaged by the republicans that are duking it out. there is not a chlor end to the fight even though donald trump is racking up delegates and wel0 positioned to clean up tomorrow night in the super tuesday contest. several rivals are pledging to step in and going to the convention right now. it is it a long dramatic fight away from the original approaches and focused on trying to takedown donald trump. >> and we talk about marco rubio. place right now. i want to play a little sound tony. governor haley was talking about what is at stake for trump nomination for president. this is what she had to say. >> it's scary. few states matter. it will ask him questions and get the answers. and the republican party it will make us question who we are and what we are about. >> when you have someone coming out strong as that. a publicñi debate within the republican party about where it is today. >> this is a battle for the heart and soul of the party. donald trump brought to the entire conversation. there is a strong robust pop pullist strand that isçó not conservative. and so there is a tension between the pop lace that has to be considered for the party to heel. down side of the trump candidacy. it name calling andlbvlz petty. i don't like why rubio went down that road. but it is getting people to pay attention. as nicki haley observing. donald trump will likely get half of the delegates, 500 plus on the table. you need to revitalize the strategy. >> we'll have to leave it there. there is breaking news. we'll see if it is productive when we see the results from tomorrow. thank you very much. >> a ceasefire in affect in syria with different reports on how it is workingly. our next guest said the cease four is possible even if the agreement was violated. what super poligrip does for me is it keeps the food out. before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now. it takes a lot of work... but i really love it.s. i'm on the move all day long... and sometimes, i just don't eat the way i should. so i drink boost® to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste. i don't plan on slowing down any time soon. stay strong. stay active with boost®. when they thought they should westart saving for retirement.le then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges. >> you might not be aware of a ceasefire in syria. there are conflicting reports of how it's holding. the head of the u.n. praises the first major attempt to halt the violence there. j held up l. both russia and syrian opposition groups claim that the agreement was violated. charles glass is author of "syria burning, isis and the death of the arab spring". is it holding? >> most part, yes. people in damascus and aleppo on said the children are able it play in the streets without fear of bombing. there are minor violations. neither side is accused of violating the ceasation of hostility. it is a hold that negotiations will begin in earnest in againeva. >> russia said turkey is making military incursions into syria. >> turkey is helping the isis. they are helping to smuggle weapon in. and turkish artillery is firing around the border and equally some of the government sides also violated. it is nothing serious enough at the moment to disrupt the process. >> is it disingenous what the turks are doing when the russians moved an air wing to help prop up assad. >> each side is playing a psychological game and that is to accuse the other of violations of cease four. as long as the united states and russia agree it is minor and geneva can go ahead. >> ash carter spoke about it. >> it was one of the cause of isil in the first place. it is important that that be resolved. but in the meantime, we're, it is not going to get in the way of our accelerating the counter isil campaign. the events are having no affect on counter isil campaign. >> if you bring peace to syria is isil reduced in strength. >> it means the%> let's hope that happens. >> jon, continuing that theme, isis is on trial. a suspected islamic state supporter goes on trial in new york city. we'll bring you the latest in that case, next. this little guy is about to make his first deposit. we'd like to open a savings account for him. yes yes. great thanks to mom and dad and their safe driving bonus check from allstate. oh. look at this. safe driving bonus. are you a safe driver? lucky little fella. only allstate gives you two safe driving bonus checks a year for driving safe. see how much more an allstate agent can do for you. call 877-644-3100. like in most families, dad's always the last to know. that's why accident forgiveness was the first thing he asked for when he switched to allstate. michael james! middle name. not good. get accident forgiveness from allstate and keep your rates from going up just because of an accident. find out how a local allstate agent can help better protect 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one of the first suspected isis supporters to go on trial. the 48-year-old is seeking to travel to syria to join the islamic state. rick? >> reporter: jenna, opening arguments wrapped up. prosecutors are saying that ta rak was ready to die for isis. at 48, he is the oldest person in the u.s. to be charged with sympathizing with the islamic state. he was trying to travel into syria join terrorist in battle. he was an airport mechanic and then worked for american airlines and spent time as a contractor in iraq. he's been on the fbi's radar for a decade after he voiced support for osama bin laden. >> if you look at the spent rum of defendants to and might have a plot or act of support in mind, he would be in the eyes of law enforcement he would be further along the spectrum and he was committed to jihadi. he may be you viewed with that kind of suspicion. joishgs there is a letter that he wrote to his wife in 2014, that appears to leaflets doubt of his mind set and intentions. i am a muja dean and a sword to the oppressor and she'd to the oppressed. i will give the talents given to me by allah to establish and defend the islamic state. there were two outcomes. victory or martyr. but now a third, he could spend 30 years in prison on these charges. the state department is releasing the final batch of hillary clinton's e-mails today. coulding they sideline her nomination or give hope to bernie sanders's campaign after he was trounced by clinton in south carolina. >> the state department releases the final batch hillary clinton's e-mail. we learned that one of clinton's secret clearance and sent class foyed information to the clinton found sxagz hillary clinton's unsecured server. catherine? >> reporter: thank you, jenna, these show that the former chief of staff, cheryl mills kept top secret clearance despite sending top secret information to the clinton foundation and e-mail xd account. it is standard practice pending the outcome of the investigation. yet in the case of cheryl mills, this is not being followed even as the clinton e-mail system is a subject of a fbi investigation. >> there is a double standard. this happening to it someone serving in the government. clearance would be pulled and they would be be under investigation depending on the level of disclosure and they could be in pretrial confinement inñi that matter. >> reporter: mill's lawyer confirmed their client has top secret clerrance. due to an administrative error. the state department is scheduledñi to release the fina batch of clinton on e-mails. and on friday when pressed, it is likely that more classified e-mails will never be public. >> i am aware that there are conversations taking place between the various parts of the inner agency and talking about the e-mails. and they are on-going. and we hope to resolve them by monday. >> reporter: so far 1800 e-mails are deemed to have top secret class fission and some are too damaging to national security to release. we asked the state department why millsñi still has top secre and we are still waiting for the response. >> thank you, catherine. >> we'll get into the e-mails and how it could affect hillary clinton's presidential campaign. brett and julie, a fox news contractor. and cheryl, mills, brad, holds top secret clearance and normally that goes away when you leave it is information. why sdo does she still are access? >> politically there is a decision that clearances remain. clearances get a grace period and so they can wrap up their duties. there is a current person serving in the government in the navy, he's the head of naval intelligence. the navy took away his clerrance. heñr serves, but unable to have the clearance while a corruption investigation is proceeding. why it the navy strip someone of clerrances when the state department has not do that. it is a double standard for sure. >> julie can you attempt the question. >> i really can't. one explanation i heard is that cheryl mills help secretary clinton to go through the e-mails. that could be why she kept the security clearance. but if there is a investigation, while that goes on, should apply across the board. i can't defend the behavior. >> and let's talk a little about the cam 59 that she is waging for president against senator bernie sanders. he is holding a rally on the eve of super tuesday. he remains competitive and there are growing concerns that the democratic socialistt the state department. it is a corruption case and classic and also a case of corruption in hiding the e-mails and obstructing justice. how do you put your eggs in the clinton basket when you know the serious investigation is hanging over her. she is'a9ñ!l a nominee. but what about the indict by p the february fib. >> it is not resonating for hillary clinton in south carolina. 87 percent of the african-american went for hillary clinton. and leads georgia, and tennessee and taxes by substantial margins. this strategy of hanging on in iowa and new hampshire and handing it to bernie in the south is working. >> it is working'>t for bernie sanders. he doesn't have the support with the minority voters. and that comproizs a great chunk of the democratic caucus and we'll see that in a lot of southern states. he needs to do well in home state of vermont to be competible. he's gotñi money, he has suppor in some of the states. i don't seep how he puts togetherxd a winning coalition. i appreciate the attempt to steer the conversation. but brad, your front runner. he retweeted a muss lina tweet. and half your own party can't stand him and a seen thor from nebraska saying he will not vote for him if he is a nominee. i am not concerned with your chances with the candidate. >> he is not under indictment. >> not yet. talk to eric snyderman and we'll see with what is going on with the trump university scam. rubio said you are about to nominate a con man. >> bern py sanders who went in south carolina with high hopes did not see them achieved. >> we got decimated by the older african-american and by p the xd way, the glimmer of positive news for us. that we won the 29 years of age or younger vote and did whether with african-american young people and white young people. >> there you go, julie. he had given hilaiy clinton a real scare. he was a xdwrite off candidate. he did incredibly well. but if you look at what constitutes a winning constitution for voters. and you look at how barak obama beat hillary clinton in 2008. she cleaned his clock. but p he did well with the minority voters and able to win playing the same playbook. nomination with what bernie does now. >> the poll in massachusetts, bernie sanders is in front by eight points. if she wins states like that, is there any question that she will romp to the democratic nomination? >> no. its have. putting all of the chips down on hillary. if she was were were not to be the nominee because of her criminal sanders doesn't have a chance even if hillary would leave the race. for all of bernie's blood, sweat and tears. be for naught. >> it is an interestingác 59 season. even if he didn't win want prize. >> a rookie virginia police officer was shot and killed on what prosecutorses need to get justice for the young victim in the case. >> she was not only driven and passionate but p intelligence. we hired and rehired there. and the top of officer had that kind of passion and intollierance. -- intolerance. at ally bank, no branches equals great rates. it's a fact. kind of like social media equals anti-social. hey guys, i want you to meet my fiancée, denise. hey. good to meet you dennis. . . . . . i asked my dentist if an electric toothbrush was going to clean better than a manual. he said sure...but don't get just any one. get one inspired by dentists, with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque and rotates to sweep it away. and oral-b delivers a clinically proven superior clean versus sonicare 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(applause) >> right now an army staff sergeant is held without bail with the murder of a virginia police officer. it was 28-year-old officer ashley windon's first day on the job when she was shot and killed in a domestic disturbance call. two other officers were also wounded. hamilton is appeared before the judge and charged with the death and first-degree murder of the murder of 29-year-old crystal hamilton's body found in the the home. joining me now is the legal defense attorneys and prosecutors. what a ho rendous case. jenna, they want to go for the death penalty in this. does it rise to that level? >> i think it. you shot a police officer it invites the death penality. dpu but it is a double homicide. and but for the grace of god two other police officers would be dead. we need to know more about the defendant before real decisions can be made. >> why is that? >> because we know that3i lives in an upscale neighborhood and don't know his history. he didn't have any sort of mental defect that was reported early. he works for the pentagon and ptsb? that's what they will want to know. >> the alleged gunman's father gave a brief interview with the washington post. and his son doesn't have anything in the history that would point to behavior like this. and said she was working with the wounded veterans. but in 2007 you were looking at something in his past. there was an assault charge and how is that relevant to this case? will it be brought in? the common wealth attorney said that hamilton suffered a conviction for assault. i want to know if it is was a misdemeanor or felony or he was allowed to own a fire arm. he worked in the pentagon. but he told officials they could look in the records, and soon as he got an attorney that consent was withdrawn. they will now have to it file a subpeona. >> does that typically happen? >> as a defense attorney i want to know everything first. if jenna or joanna said we set and i want to know those things before the prosecutor knows them. and we don't know if if he is deployed. when they are mentioned in the we don't know at all. but i am curious how the military service will be used and here you have a defense who worked in the pentagon. and the prosecution said the other was a reservist. >> in fairness they have to look at the military history. i agree with try, the defense attorney wants to do that first. and we don't know what is in there. we don't know how it will be relevant just yet. this seems that a personñr withn inkú theñr house personñr withn kills his wife and then tries to kyle three officers. if he walked in and said i want you to defend me. >> the 11-year-old was seen running from the lpçóhouse. we flewed from the. >> he is a potential witness. there is no such thing as parent/child ñrprivilege. he could be a weapons against his father. and important to know know that he is taking carr of by friends and fam it fam. i don't think want father will see the light of day. it is whoñi they execute him or prison for life. >> thank you. very much. and so sad for all of the families involved. jon. >> if you caught the oscars last night. chris rock was stealing the show in the academy awards. the comed yap used the opening monlog and what he said and who else won big in the oscars. canned can >> hi, everyone. happy monday. i'm gretchen carlson. after losing his voice marco rubio says he is scaling back his attacks on trump. what's "the real story" on whether they're helping or hurting him. plus the world series of poke us champs are going to tell bus the best odds. and what does history tell us about texas and whether ted cruz will win that state, and whether it is a possible for marco rubio or ted cruz to win the nominations. join us, top of the hour. glitz, glamor, a little controversy. last night's oscars were full of memorable moments. chris rock kicked off the show tackling hollywood's diversity issue head on. chief correspondent jonathan hunt is live in los angeles with the wrap up. jonathan? >> everyone knew it was coming, and host chris rock wasted no time tackling the issue that hung over the oscars from the moment the nominations were announced. >> i'm here at the academy awards. otherwise known as the white people's choice awards. you realize if they nominated hosts, i wouldn't even get this job. is hollywood racist? you're damn right hollywood's racist. but it's not the racist that you've gone accustomed to. hollywood is sorority racist. it's like, we liked you, rhonda, but you are not a kappa. >> as for the awards themselves, leonardo dicaprio finally got his best actor oscar for his role in "the revnant." he didn't weigh in on diversity but talked at len about climate change. other winners, brie larson for her performance in "room". and the director of the revenant. the best picture award went to "spotlight" a film about the work of a team of boston globe journalists who exposed the sex abuse scandal had the catholic church. but the night was defined by chris rock and the diversity issue. >> it's the 88th academy awards, which means this whole no black nominees thing has happen at least 71 other times. >> owe after all that, probably safe to say, john, next year's oscars will be a little more diverse. >> kill them with humor. thanks very much, jonathan hunt n l.a. back in a moment. -and-needles of diabetic nerve pain, these feet served my country, carried the weight of a family, and walked a daughter down the aisle. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain. lyrica is fda approved to treat this pain. from moderate to even severe diabetic nerve pain. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs, and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain. and my biggest reason to walk calls me grandpa. ask your doctor about lyrica. a big day coming up tomorrow. certainly a lot more can happen between now and then. stay with us on fox news. thank you for joining us today on happening now. >> super tuesday tomorrow. "the real story" with gretchen starts now. it is one of the biggest days of the presidential process. just hours away now. hi everyone i'm gretchen carlson. this is "the real story" for a monday. it has the potential to be the turning point in the race for the white house. let's look at all the states where voters will have their voices heard tomorrow. republicans will hold caucuses or primaries in 13 dates. daelts have delegates up for dwrabs in 11 states. some of the most delegates you will see in the big state of texas, georgia and tennessee. candidates are interested out across the country today making last-ditch efforts to gain more votes. we have fox news team coverage for you. ed henry following the democratic race in virginia. first we go to chief political correspondent carl cameron live in san antonio, texas. carl, trump leading the polls in most of the super tuesday