unopposed for the first time, even telling supporters to stay home and save their vote for the general election. meanwhile, hillary clinton trails bernie sanders slightly in west virginia after thosecontroversial comments about the coal industry . jon: rick edson is watching the voting live in charleston west virginia. rich? reporter: good morning john and heather and partly because of those comments, hillary clinton is acknowledging she may have a difficult time in west virginia. the market changed from 2008 when she easily defeated then senator barack obama with 67 percent of the vote. two months ago she said we are going to put a lot of coal miners and coal companies out of business. a couple weeks ago campaigning earlier this month she tried clarifying those remarks, said they were amiss statement and she was simply stating what's already going on in the coal industry and what she wants to do to help those who are out of work despite those difficulties, clinton enjoys a wide lead in delegates over bernie sanders. she has 2200 28 to sanders 1454 pickup the winner needs 2383. there are 29 delegates estate for democrats, 34 four republicans and in the republican primary, donald trump has one 1068 delegates, 1237 clinches the nomination and he has no national gop challengers pickup trucks most significant challenge today in west virginia is the west virginia republican ballot. it's a large, complex document that involves requiring voters to select the correct 22 delegates and so the trump campaign to ensure that voters are actually voting for donald trump have sent out a guide to ensure that trump voters can maximize the number of delegates he can get out of today's primary. he has no public events on the schedule today, donald trump. as for democrats, hillary clinton is campaigning in kentucky. senator bernie sanders is out west campaigning in oregon and california. despite his massive deficit, sanders said he's going to continue the campaign, continue to the final primaries as we approached them and he expects to do very well here.this is coal country where we are today. we talk to the county clerk about how turnout is going. they say it's heavy in this area and in some precincts they even requested more voting machine. john and heather, back to you. jon: rick ensign reporting live. there are fewer candidates in today's primary in nebraska as well as west virginia donald trump, the presumptive nominee on the republican side still need more delegates to reach the magic number of 1237. while bernie sanders is keeping hillary clinton focused on the democratic primary race. joining us now, patrick griffin, a former media consultant to four presidential campaign, most recently consultant to jeb bush's uber pack right to rise and from san francisco, donnie fowler who was liaison to congress for the clinton administration who has worked on seven presidential campaigns donnie, to you first. hillary clinton bought she would be the chlorinated one by now. the fact that bernie sanders is ill in the race, how much of a problem is causing her? >> competition is a good thing and bernie sanders has a very strong, important message he's been telling for the last year so it's not contradicting hillary clinton's message but it's supporting the idea of change, equal pay, better healthcare, better childcare for working mothers. all of these are issues that hillary clinton and bernie sanders agree on so competition is a good thing. it keeps her sharp this is not a bad thing for her own or the democratic party . jon: but she's spending money in states where traditionally she shouldn't have to be spendingmoney. places like new jersey for instance which is traditionally a democratic stronghold . >> yes but what she's doing is she's preparing staff and her message and keeping her sharpness that will carry through the next six months into the general election so this is a small cost if you look at two or $3 million, an election that costs $1 billion, that's a really small amount of money and it's better for the candidate, better for the campaign, better for the democratic party. jon: patrick, one of the things the clinton campaign hope to do is to lure moderate republican women. they been making an outreach to moderate republican women thinking they can snatch them away from donald trump. as a republican, how worried are you? >> if there's anything that's an easier assignment it should be snatching republican women and donald trump. he's got a terrible deficit right now and those should be natural constituents of hillary clinton. the problem with donnie's spin is unfortunately in brooklyn at clinton campaign headquarters, they don't look at this is a good thing. she is the presumptive nominee, let's face it. the bottom line is bernie sanders has become that painful bernie itch for hillary clinton that won't go away easily. he is troubled because what you continue to do is remind democrats of what they are good at. voting for something they believe in that big ideas and new and tomorrow. republicans nominate the person whose turn it is. they fall in love with someone which is why your cocktail parties are more interesting than ours are and of late they've been winning national elections. hillary clinton doesn't like this. she'd like this over with and the bottom line is bernie sanders is calling to every millennial in the democratic party which is an extraordinarily important voting block along with those women you talked about. they'd like it done sooner rather than later. jon: what about the wisdom, patrick, donald trump telling voters in west virginia you can just stay home. save your vote for the general election. is that wise? >> john, i've been wrong trying to do the smart guy thing on donald trump for a long time. at the end of the day, donald trump marches to his own drummer but i will say this. he's tried to spin this week as a general election campaign. in a week that should have been terrific for donald trump, the wiki clinched the nomination, beating ted cruz last week in indiana, he's had a terrible week. he's been moving around on issues, trying to find his footing,he's been trying to attack clinton and run a general election campaign. that's all well and good but his challenge now is trying to bring republicans together and it looks like this week , his meeting with paul ryan in washington is going to have a lot to say about whether or not he can make that pivot against hillary clinton into a general election. now there's trouble. >> the republicans are about to nominate a whirling dervish and the democrats are about to nominate someone who is steady and reasonable and predictable. i think that's a nice commentary that patrick has. it's clear he's not a supporter of donald trump as many republicans are not but this is unpredictable donald trump and god knows, we don't need that in the white house these days. >> but here's the one thing donnie, and i don't disagree with you. i am no fan of donald trump. i don't thinkany flowers , cards or letters from him and i don't expect it. hillary clinton is not precisely what the democrats are known for. that's the point i made earlier. democrats are great at falling in love and i'm sure governor from arkansas or a first time african-american senator from illinois. they are good at finding talent talent on the back bench and moving forward. >> they also very good at finding a woman who has been secretary of state, the united states senator who has traveled and served this country all over the world for most of her life. that is a pretty good resume. >> the problem is, why bernie sanders and donald trump are even interrupting this, is because we don't want the resume candidate or america doesn't. at the end of the day, the clintons have been in washington longer than the monument so i'm not sure this electorate is ready for the resume candidate. they want something different and that's why bernie sanders you would think would be gone by now. >> you might take the bad boy in high school but you're going to marry the reasonable person when it's time to get serious p1 donnie, as we pointed out before, hillary clinton's negatives are very high,almost as high as donald trumps . >> not quite. right, she's been in public service as you point out all these years. >> yes. the american people have a choice this election. they're going to choose donald trump or hillary clinton. they're not going to say you want hillary clinton to be president, yes, sir no? do you want donald trump to be president, yes, sir no? they would probably vote no that's not the choice we have. we have a choice between donald trump, unpredictable, unknowable and somebody use any, experience smart and understands the american middle class. thatis a pretty good right that i will take hillary clinton . >> donnie, you sound incredibly reasonable. i don't disagree with anything you just said that i made that argument in the primaries for jeb bush and so many others made it for other candidates so i'm not disagreeing with you. the bottom line is hillary clinton becomes the candidate of smile and take your medicine.it doesn't taste real good but ultimately she's thenominee and she's what you've got . jon: patrick griffin and >> thank you john.nk heather: smile and take your medicine, i like that. congress back in washington this week for the first time since donald trump became the presumptive nominee and gop lawmakers could face a barrage of questions about whether they support him. mister trump is scheduled to meet with paul ryan on thursday after orion announced last week that he could not endorse trump at this time. claire berman is watching the story from our washington newsroom and has more. blake? reporter: congress in session now for the next three weeks which puts republican lawmakers squarely in front of the question that some have been reluctant to announce. whether or not they support the parties presumptive nominee, donald trump. trump will come here to washington on thursday for a cup. we anticipated meetings with the house speaker, paul ryan who has yet to fully support trump. ryan has even said he would step down as the gop convention chair should trump ask. early this morning on the foxbusiness network, congressman chris collins who was one of the first backers of trump and has been recruiting lawmakers to trumps side for week tried to downplay any signs of potential tension saying he believes the meeting will go as he puts it, very well. there are some signs of republicans falling in line behind the truck. for example house majority leader kevin mccarthy who is second in line to ryan has appeared on a list list of delegates in california supporting prompt. congressman darrell ice and is also among that group, he endorsed trump last week. on the senate side, ted cruz will return to dc for the first time since ending his presidential run. he will likely be pressed once again on whether or not he will support trump. cruz as you know would not answer that question in the final days of his campaign. and then there's marco rubio who wrote in a facebook post yesterday that he does not want to be considered as a potential running mate on a trump ticket. within the last hour, trump has apparently fired back at rubio tweeting and i'm quoting here, it is only the people that were never asked to be vp that tell the press they will not take the position . possibly some messiness therefrom trump this morning. heather: read between the lines. blake berman live for us, thank you blake. jon: breaking right now, one man is dead, three others hurt after a stabbing attack outside munich, germany. a man stabbed four people at a train station and on board a train. witnesses reported he shouted death to infidels during the attack. police now say there is no evidence he is connected to any islamic extremist group greg powell can't live with the latest on the investigation, greg. reporter: i think we can at least call it however a terrorist scare for germany. early this morning, it happened at 5 am on that commuter train station. one man was stabbed on a train, another auto platform, to others outside. along with a dead man, three injured including one critically. the suspect use the four inch knife, apparently was barefoot. police were quick onto that messy scene before he did any more damage and detain him. initially they have said they were investigating a possible islam is the motivation for the acts . now they they are saying they are not able to establish any type or past history with the groups or movements and the suspect. the 27-year-old man reportedly had drug and mental problems.he was a german national with no immigrant background.all this catching however, germany like a lot of countries in europe on edge. they haven't had a mass terror attack like neighboring france and belgium but they were threatened in an ice is video and there were two stabbings that were linked to an islamist group. germany is part of the us-led coalition fighting isis, supporting military efforts in the mideast region. that makes it a target. also, there are urban homegrown isis fighters, some of them returning to the country and to top it off, germany is hosting 1 million refugees and has been proven the last couple of months that terrorists have been using that migrant stream to get into europe to do damage. john, the police in a press conference just wrapped up a short time ago said they would be looking at the laptop and the telephone of the suspect just to make sure that there were no extremist links but i think this will probably show that even copycat terror attacks can be deadly. back to you. jon: and terrifying as well, obviously. greg palkot from london. heather: after nearly half a century on the run, an escaped prisoner from georgia is captured. we tell you how the long arm of the law finally caught up with him. plus, the firestorm. new claims the social network site sensors conservative news from its training topic. how facebook is now reacting. >> these are difficult times for elderly holocaust survivors and you're talking to your doctor about your medication... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me go further. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. doctors have been prescribing humira for over 13 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ready for a new chapter? talk to your rheumatologist. this is humira at work. jon: right now some crime stories were appalling. three teenage girls now charged in the death of a classmate after a fight in a school bathroom. the delaware medical examiner amy joyner francis died from a cardiac incident related to a pre-existing condition but the mp says it would not have happened had she not been assaulted. the georgia estate prisoner caught after nearly half a century on the run. he's been serving a sentence seven here year sentence for robbery when he broke out. marshall catching up with him in connecticut after discovering the alias he was using there. the 71-year-old taken into custody and will be extradited to georgia. opening statements in a civil trial related to the colorado movie massacre with victims of the deadly shooting suing the aurora movie theater claiming it should have done more to prevent rampage. heather: new info on facebook as the popular social networking site which is also one of the worlds most powerful distributors of news now denies claims that it sensors conservative articles from its trending topics. adam helsley following this story today and he joins us now live from los angeles. adam? reporter: you mentioned the number of users and in north america alone, there are more than 220 million active users every day on facebook so take that into account when the allegation came out that facebook was oppressing information from certain sites and certain individuals. the outcry due to reports that says facebook team in charge of the site training list and intentionally suppressed articles from conservative news sources as well as topics like the irs scandal. the allegation had both conservatives and liberal critics insert about silicon valley and trolling the information we see. facebook denied the allegations after a backlash saying they take all allegations seriously and releasing a statement that says in part quote, there are rigorous guidelines in place for the review team to ensure consistency and neutrality. these guidelines do not permit the suppression of political directives nor they do they permit the prioritization of one viewpoint or over another or one newsletter outlet over another but those former workers do say that in fact that website did have a way to maybe push certain articles away and focus on other ones when they went through. there is some interaction basically on the facebook side so the republican national committee has been tweeting about this and put up their own statement that says in part online, it is beyond disturbing to learn that this power is being used to silence viewpoints and stories that don't fit someone else's agenda. censorship in any form should give americans who value their freedoms great pause. there is also a trending topic now, make this a trend is the hashtag that republican national committee is using push it out there but it does open up a lot of questions. there's been a lot of controversy with silicon valley, with the apple iphone case in recent months. now this. it has a lot of people not only in washington but on the west coast looking at silicon valley saying what is being done? you can believe that in a presidential election year it has a lot of people concerned about what is being filtered and what is not being filtered and if we are getting a straight shot from facebook, you can bet this is going to play out more through the day and through the next coming weeks online the seventh and in elections, social media becomes more and more important in these campaigns. adam, thank you. jon: speaking of elections, bernie sanders pledges he will stay in the democratic race till the bitter end. but the pressure is mounting on him to get out as hillary clinton tries to focus on the general election. more on that. ♪ i could get used to this. now you can, with the luxuriously transformed 2016 lexus es and es hybrid. ♪ unless you have allergies. then your eyes may see it differently. flonase is the first and only nasal spray approved to relieve both itchy, watery eyes and congestion. no other nasal allergy spray can say that. when we breathe in allergens our bodies react by over producing six key inflammatory substances that cause our symptoms. most allergy pills only control one substance. flonase controls six. and six is greater than one. more complete allergy relief. flonase. 6>1 changes everything. . heather: fox news is america's election headquarters with republicans holding their primary in nebraska today and boaters from both parties heading to the polls in west virginia. hillary clinton's campaign has started buying tv ads again as bernie sanders pledges to fight on to the bitter end. now that the republican field is down to one, clinton supporters are urging senators to step aside so she can focus on donald trump. i'm joined now by ron fortier, he's the senior political comment columnist at the national journal, thanks for joining us today ron. hey heather, thanks for having me. heather: in new jersey, what was it yesterday bernie sanders said not only has he not going anywhere soon, he expects to still win. the quote is we are going to go into the philly convention and expect to come out with the democratic nomination. the longer he sticks around, is this burning hillary? x on the margins, yes. he doesn't believe that but he's in this for his own purposes and he sounds a lot like hillary clinton in 2008 and i think you could go back and look at it and it made things a whole lot tougher on obama, made him spend money when he didn't want to but at the end of the day he still on and what happened in may had little impact in the fall and i expect it's the same case here. heather: looking back at 2008, you're right. she stayed in the race until june and another thing she also did, she actually talked about the process itself which is similar to what bernie sanders is doing. we have a quote from her from may 2008. she said that i do not think we are going to have to look at the nomination system or i do think we are going to have to look at it because the primaries have been incredibly exciting for people so i think we need to figure out how we can have a process to reflect the desire of the voters. that being said, is it kind of hypocritical for her to try to ask him to jump out at this time? >> okay. we're going to have to go back to ron, we've lost him but we are going to talk a little bit more about bernie sanders sticking around until june, he said. jon: he says he will be there all the way you judgment day in and isis linked case here in the united states as a new jersey man who admits planning to join the islamic state awaits his sentencing. we are live with an update on that. bus, donald trump railed against washington insiders, said he was self financing his campaign but now that he's the presumptive nominee, he's looking to the party to help with fundraising. will he have a tough time convincing republican donors to provide the $1.5 billion he says he needs for the general election? we go in-depth on that. >> (politely) wait, wait, wait! you can't put it in like... ...that, you have to rinse it first that's baked- on alfredo. baked-on? it's never gonna work. dish issues? cascade platinum... powers... through... your toughest stuck-on food. so let your dishwasher be the dishwasher. see? told you it would work. cascade. jon: right now a quick look at what's still to come this hour of happening now. key emails linked to the hillary clinton email controversy are missing. who wrote them and the impact it could have on the fbi's investigation. the race to control a massive wildfire that's already destroyed hundreds of homes and why crews have reason to be optimistic today and a key canadian oil town. plus, a boxing superstar and one of the wealthiest athletes in the world has just delivered a knockout political punch. heather: breaking right now, in a new jersey courtroom and it is judgment day in and isis case as a 24-year-old man who admitted planning to travel to syria to join the islamic state learns his sentence. rich blumenthal is live in newark new jersey with more. reporter: heather, the defendant a lot today is appearing before a judge in a federal courthouse and could be sentenced to the maximum 15 years in prison for his role in trying to help his other brother joined isis. the american board such a was 24 grew up with his younger brother in new jersey after their parents were deported to jordan over credit card fraud. nader, the younger brother became radicalized and was determined the feds say to fly to him on and make his way to syria to join isis but also allegedly plots with a small group of friends including a buddy from fort lee high school. they talked about building pressure cooker bombs and hitting targets in new york city or staging an attack on the white house lawn. one of the young men reportedly attacked a federal agent with a carving knife during his arrest. as for alaska day, his role was material support, allowing his brother to use his credit card to buy the plane ticket and helping to reset natives phone to avoid detection. terrorism experts say preventing young americans from traveling to syria is critically important . >> the reason law enforcement doesn't want these individuals to go abroad is if they come back trained and ideologically determined in a very hard way, then they are considered as studies have shown they can be more dangerous in terms of organizing, developing plots, in terms of staying committed to the cause. >> law enforcement sources say he refused to cooperate with authorities in the state. his public defender's route remorseful and regresses involvement but took a plea in the case to avoid going to trial because of the breadth of the statute against them. it is likely he would have faced more time behind bars. p7 rick blumenthal live for us, thank you. jon: to the bunny trail now in america's election headquarters with donald trump who funded his own primary campaign now looking to the republican party to help him pay for the general election campaign. the new york times running the story, trump in switch turns to gop to to raise money. mister trump by the end of march and spent 40 million of his fortune on in the primaries has said he may need as much as one and half billion for the fall campaign but that he will seek to raise it from donors rather than continue to self finance. joining us now to talk about all of this, brian joyce, the radio talk show host of the talkshow post and emily, foundation spokeswoman. welcome to both of you. brian, what about it? donald trump has attracted a lot ofattention and maybe support from being a self financed candidate . if he now reaches out to the republican party and other donors, how does that affect his brand? >> well, first of all john, let's talk about how ridiculous it is that you need $1 billion, $1.5 billion to run for the white house in the first place. back in 2012, barack obama became the first candidate to raise $1 billion next to citizens united and the supreme court. this problem is going to get much worse. but you're right, donald trump is a guy who is positioning himself as antiestablishment and he's the outsider candidate. i would make the argument that you can't be an outsider and run for the white house. you need $1.5 billion and the only place you are going to get that kind of money is from the rnc, from the coke brothers, from karl rove and from people like anthony sarah mucci and it's stephen knutson street insiders and so donald trump is making this pit . he's going to have to sell himself out to the exact same special interests he's been criticizing for months. jon: will be fine, emily, a willing audience at the rnc but obviously the republicans want to win the white house but donald trump has said look, i'm self financing my campaign. >> you have people like paul singer, a traditional gop mega donor who said he's not going to donate to trump or the rnc moving forward. he knows all about the concept of a handicap and right now that's really what he's looking at. he's going into this $1.5 billion fundraising task with a fractured party and you have to assume a significant chunk of that party is not going to be donating to him moving forward. i don't think he's going to get any funds from citizens united but i think donald trump, this is what the never trump were screaming about and saint about the practical implications of the trump nomination. this is one of those practical implications.it's going to be tough moving forward. jon: brian, does have an awful lot of democrats who have jumped on board his train people who don't like the prospect that the democratic party is offering right now. can he self-funded from small donors and raise the kind of money he's hoping to raise? >> i think now we are moving into the general election, i think and i've been predicting this for months, i wrote about it on huffington post in december. i think you're going to see a completely different donald trump will appeal to a lot of independents and democrats and who knows john? maybeyou're right. if a lot of republican donors are not willing to get on board, maybe he can find a lot of money in other, nontraditional channels . at the end of the day most republicans are going to rally behind donald trump but i think for people like the coke brothers who tend to be hardliners, i don't know. i don't know if they're going to come around. jon: the implications from the coke brothers is that they are more inclined to spend their money and they have a considerable amount of it. they are inclined to spend money supporting senate and congressional campaigns to make sure the republicans can retain control of at least the senate and certainly the house but emily, what about the notion that the donald trump who has sort of castigated wall street and so forth wants to put his hand out now and say hey, can you spare a couple million? >> i don't think you can overstate optically the image of donald trump crisscrossing the country asking millionaires and billionaires for donations. i honestly think a huge reason he gained traction in the first place is because there are people in this country who are sick of the influence of money in politics so optically, this is really going to be a problem moving forward. it's not something he can overcome but he's really going to have to find the right way to spin it because it doesn't look good. jon: he still criticizes the party and the party apparatus. he's been using words like a corrupt system and a dishonest system. how does he then turned around to that same party and say please, i'd like 1,000,000,000 and a half dollars. >> and. >> it undermines his own argument and to have people who are everyday americans who bought into this idea that donald trump was speaking for them when in fact he's going across the country asking millionaires and billionaires for money, it's going to look a lot like he's eking for the interest of the millionaires and billionaires. the one at the same time brian, hillary clinton is going to try to raise the same kind of dough from the democrats, right? >> right, this has become an arms race. donald trump knows that hillary will probably have no problem raising $1 billion on her own. barack obama did it in 2012, she can probably do it in 2016 so as easy as it is to criticize donald trump, these are the rules of the game and i think he's now realizing despite any pledges you may have made in the past, you have to play by the rules of the game. if he wants to win the white house, it's going to cost him $1 billion and as agood businessman i'm sure he doesn't want to front all that money himself . jon: and it is a deeply dividedparty at this point , emily that he's going to be trying to raise all this money from. >> absolutely. it's a handicap. you have to assume there's a chunk of this party will not be persuaded in time to raise that money. as a point of comparison, in april 2012 mitt romney was raising $100 million a month. trump has raised about 9 million so far. those are tough numbers look at from this vantage point. jon: it's going to be fascinating to watch and see what happens. emily douche and ski, brian joyce, thank you both . >> thanks john. heather: coming up, of candidate in west virginia brutally beating any. who was charged with the crime and why this army veteran thinks the attack was politically motivated missing emails in the hillary clinton email scandal to and from the man who set up that server have vanished . >> rm that has all the... get off the computer traitor! i won't. (cannon sound) mobility is very important to me. that's why i use e*trade mobile. it's on all my mobile devices, so it suits my mobile lifestyle. and it keeps my investments fully mobile... even when i'm on the move... ahhh. premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. jon: a democrat running for the west virginia state senate is recovering from a brutal beating he received over the weekend. richard ojeda was attacked during the cookout two days before theprimary and says he thinks it was politically motivated. ojeda retired from the u.s. army. police say the attacker was a childhood friend of his, jonathan porter. porter is underarrest . ojeda says somebody may have put him up to it for challenging the state political establishment but insists it will take more than that to silence him . and right now, an american warship challenging china's claim to an artificial island in the south china sea. the guided missile destroyer william p lorenz failing in the vicinity of the island as tensions rise ahead of the un ruling on china's right in those waters. the lorenz sailed within 12 miles of the 700 acre island today which was built over the past year and a half . china responded by saying the destroyer sailed through its territorial waters illegally and says it tracked and warned the vessel. the pentagon says it carried out the operation to demonstrate the right of edom of navigation. heather: more controversy brewing at the state department over emails. the agency says every email from the man who set up hillary clinton's private server is missing. and the state department says ryan timely on the had the department email account but that any record of his activity is gone. apparently otto is a key witness in the fbi investigation into clinton's emails, having received immunity. as fox news anchor and legal analyst greg jarrett. how is it possible, is it possible that there are no pantheon of emails during his four years at the state department? >> it's crazy, isn't it? how indeed.it seems inexplicable and highly suspicious. two possibilities here. the first is, emails could have been deleted but since federal records are by wall required to be preserved, that would be a crime. second of all, he could have used a private account for all his official business if so , did he violate the same law that clinton may have violated mark also, was he really working for clinton personally and not for the department of state even though he was being paid with taxpayer money. that could be considered misappropriation of government funds or fraud and we already know that pagliaro was working for clinton on the side, being paid by her personally, all while collecting a government paycheck. and that is a potential crime. no wonder this is a guy who invoked the fit and needed criminal immunity. heather: speaking of that, how important is he to this case as a potential witness? >> he could be devastating witness and in fact that's the very description used by a source close to the investigation as reported by our own catherine harris. how devastating he could answer a lot of questions about potential crimes. for example, did clinton set up the server to circumvent the law on public records? did you know the classified info was stored on her unauthorized server mark who had access to it? were classified markings deliberately erased? was it clinton who decided to delete thousands of emails? is she the one who ordered the server to be wiped clean? pagliaro is the guy who installed her server. he maintained it. he could be the keeper of all these secrets . a lot of questions and not many answers we knowabout but the fbi may now have those . heather: that is the next question because this information, it comes from a lawsuit about the emails, not coming from the fbi. >> yes, and that's fairly important. it took a federal lawsuit to get the department of state to comply with the law, to search for pagliaro those emails and there have been re-doesn't such lawsuits to force the agency to do what it's supposed to do by law and a federal judge, i must say they seem important inpatient if not outright angry about this with delays, the obstruction, the lack of cooperation and it invites the question: is the state department complicit in trying to cover up evidence? does everybody over there think they are kind of above the law and where, by the way, is john kerry in all of this? after all, he's been in charge now for three years p7 very quiet on his front. the state department saying they did issue a statement that seem to contradict itself they said either way, we did find a small amount of pagliano's emails so here's an agency that's seemingly can't get their story straight from one moment to the next. apparently these emails, from other people's email accounts so it will be interesting to see what server that pagliano was actually using and by the way, one of his emails to hillary clinton has surfaced. he wished her a happy birthday but instead of just replying thank you, what did hillary clinton do? she forwarded it to another staffer , instructing him to please respond. really? you've got to have somebody else say thank you for you? ready incredible. heather: we do have that. greg jarrett joining us with an analysis, thank you. john? jon: from the boxing ring to the ballot box. the new role of boxing champion could be playing in his country's government. and a devastating wildfire still destroying homes and businesses in the oil sands region of canada. but there is some good news. what's making it easier for crews to fight those claims. >> jon: let's get a look at what's coming up on outnumbered at the top of the hour. melissa and harris, what do you have? i love when he said that because it sounds like let's get ready to rumble. let hillary clinton could lose the west virginia primary but a major new poll shows are in a dead heat with donald trump in three general election swing states. meanwhile, clinton dodging questions about trump attacking her as an enabler of her husband's indiscretions. is that good strategy? we talk about that and one count voting to spend nearly $63 million in taxpayer money , because that's the best kind because it's free for them, on the nation's most expensive high school football stadium. some schools need books. is this a good idea question mark we ask our hashtag one lucky guy, super bowl winning quarterback joe wiseman, he is outnumbered and coming up at the top of the hour. should be a great one. i'm begging him for a super bowl ring. maybe two. the one i wonder if he played in $63 million high school stadium. asking that. we will see you then. heather: boxing superstar pacquiao scoring a political victory. the athlete likely winning a senate seat in the philippines after serving six years in the house of representatives. pacquiao getting more than 16 million votes in today's election. official results are still days away but the expected winner of the presidential race has endorsed the boxer and he is one of the wealthiest acolytes by the way in the world. jon: firefighters still working to beat back a massive wildfire in alberta canada. cooler weather and rain making it a little easier on them today. that fire has destroyed 2400 buildings, forcing thousands of people to leave the town of fort mcmurray. dan springer life with the latest on that story, dan? reporter: we are getting our first look at the devastation in fort mcmurray, an oil town which was about 10 percent destroyed all neighborhoods leveled. i gas station exploded. a mobile home park that had finished rebuilding from a flood three years ago burned to ashes but firefighters did a miraculous job in saving 25,000 homes, most of the critical infrastructure survived. the hospital, water plant, all the schools.the people who fled these loans are still not being allowed back to salvage what they can. officials say it will take some time to make the city safe residents. alberta's premier tourist area was grateful for the erotic effort of the firefighters and optimistic about the future. >> the city was surrounded by an ocean of fire only a few days ago. but fort mcmurray and the surrounding communities have been saved and they will be rebuilt. reporter: crews are still working the fire and will be for weeks to come but unofficial told me that the threat to life and property is over. the fire has moved to the east and is burning wilderness. the cool weather has continued which is also helping. when you see the dramatic video, it's amazing nobody was killed in the firestorm. this is time lapse video of a hangar at the airport. as bad as it looks, the airport was spared and today we find out how damaged the oil industry was.executives meeting with the premier this morning. the oil sands region of alberta is the third largest deposit of oil in the world. it is the reason that citigroup so quickly. it's also the reason it will be rebuilt. the one amazing put it there, thank you dan. heather: new in the next hour of having now, deadly tornadoes caring through the central plains and more dangerous weather is on the way. we tell you where that had. and one of our closest allies, the threat level is described as severe. what police are saying about potential foreign attacks. >> . . . . . . jordan and chelsea were searching for the perfect place for their wedding on booking.com. oh! yurt. yes! earthy... just rustic. [laughing] oh my gosh. wow. [owl howling] [gulp] uh, how about an island? island, yeah. yeah. yeah. [laughing] were you laughing in your fantasy? yeah! me, too. [gasps] ♪ jon: we have beautiful weather in new york for once. >> nice day out there. jon: hope it is nice where you are. see you back here in an hour. "outnumbered" starts right now. ♪ harris: this is "outnumbered." i'm harris faulkner. here today, co-host of "after the bell" on fox business, melissa francis. democratic strategist julie roginsky. "national review" reporter, katherine timpf, today's #oneluckyguy, look who is back on the couch? veteran sports broadcaster and super bowl winning quarterback joe theismann is here. we say he is outnumbered. you've seen a bigger line than this one. i don't know if you consider yourself outnumbered. >> believe me, much pretty line. when you talk about the line i only see one side of them. only see one side of the g