nlthsds thanlgsz eve . thanks so much for joining us on this labor day. >> and go buy your butter. >> trouble for the hillary clinton campaign as a new hole shows bernie sanders pulling ahead of her in new hampshire. it nation sanders the front runner in the granite state. i'm gregg jerro gregg jar -- hoe president joe biden who hasn't announced his candidates i has

16%. mrs. clinton trying to put her best face forward. >> i always thought this would be a competitive primary. i thought it was a contest of policies and how we present ourselves to the american people. heather: byron york joins us. you were just there covering the sanders campaign. hillary clinton in trouble there as well. she had a 24-point advantage there, now it's just 11 point. what feeling did you get from the sanders campaign when you were there? >> he's gang on her. i asked why do you choose sanders over hillary clinton.

many of them said they do not believe sanders is in the pocket of the big banks and corporations which is another way of saying hillary clinton is too close to the big banks and corporations, and the other reason is they said bernie sanders held his positions for decade and never changed them to fit political expediency. they like sanders for his personal attributes, not a position on any particular issue. but they think he has more appealing personal attributes. heather: but he has socialist viewpoints. what does that tell you about the democratic party supporting him. >> this is a democratic party that moved left over the past years and bernie sanders movedn

it in that direction. when he says take on billion airs, when he talks about minimum wage and free college tuition, they like that. and he's close to where a lot of democrats in iowa are right now which is why you have seen one-third of secretary clinton's support disappear in the last few months. heather: do you think her campaign is surprised by this? do you think they are worried? >> i think they are. you saw the sound bite. i think the clinton campaign has always believed when the campaign got to south carolina and the big southern primaries that she would do well there. the fact is, black voters and minority voters are a huge part of the democratic coalition and there are few of them in iowa

and new hampshire. so when mrs. clinton gets to the big southern states on march 1 and the scc primary there will be support for you you haven't seen in the past two contests. >> no doubt they have some sort of strategy to try to keep that in happening again. >> when i say that she thinks she'll do well in south carolina and the southern primaries, you have to wonder what might the effect be if she were to lose iowa and new hampshire. if sanders or joe biden were to win iowa or new hampshire they would have momentum going into south carolina that hillary

clinton might not have. he. heather: we didn't get to talk about the biden factor. he's ahead of hillary clinton in many poms and he hasn't declared that he will run. >> he does well in one to one, head-to-head matchups. but this is a long primary process that involves a lot of organization on the ground and a lot of fundraising and the vice president is way behind on that. it's early september. if the vice president is going to move, this is the time to do it. thank you so much, byron york for joining us. we appreciate it.

gregg: austria tightening its border saying it will restore various restrictions on refugees that have been eased. tens of thousands trying to escape war and terror in the middle east. >> from the death and the war and everything in our country. >> we are busing people out now. the volunteers who are just ordinary people from hungary and around the world are loading the buses and the people are coming quicker than we can load them. gregg: what system has been put in place to deal with this crisis? report very because this has crept up on europe there will be is no system in place and the

rules keep changing. the buses show up and the buses disappear. there is no system-wide plan for dealing with this. systems are stretched to the limits. what else all stole clear, generally it seems people want to do right by these refugees. here in britain a lot of people have opened up their own homes to them in germany, the waves that arrived over the weekend were actually greeted with cheers, applause, gifts in munich. angela merkel said the welcome for these migrants is a source of pride. there is an understandable shortage of aid and vital

supplied. no european-wide system for dealing with it. we have seen hungary as grounds zero. that's where people make the journey from eastern europe to western europe. there is a lack of enforcement that would be available. heather: the kentucky county clerk who is incarcerated for refusing to issue marriage licenses to same halifa same ses

spent the weekend in jail. >> reporter: they think they have a solution. take her name and title off awful marriage licenses. >> she is not going to step down because the people put her there, they want her there. all she is asking for a reasonable accommodation. >> reporter: but this isn't about personal beliefs. this is about an elected official following the law. she is behind bars this morning. the judge said he won't let her out until he is certain she won't interfere with her deputies issuing these licenses. it seems they are at a complete impasse. heather: how is this playing out on the campaign trail? >> reporter: what mike muck

besays what happened to her is the triple snappization of christianity. but john kasich disagrees. >> i respect that she doesn't agree. but she is not running a church. she us a public employee. >> what we have seen is the overreach of the judiciary. this if allowed to stands without any enabling legislation is what jefferson warned us about. >> reporter: strong words from huckabee. he's planning on visiting her in her jail cell. this is becoming a big issue on the campaign trail, especially for those gop hopefuls fighting for the religious vote. gregg: saying their final

good-byes at the funeral for a fallen this will the. the emotional farewell and the latest on the search for the suspected killers. gregg: what went wrong. the shocking details in the case of two brothers accused of trying to murder their parents. >> i saw one of the sons being led out in handcuffs so i knew something was really wrong. our newest line the stuff my vendor sells works fine. and my budget's small, just so you know. ♪ should i stay or should i go when you choose to go for business, go to the new choicehotels.com it makes finding the right room faster and easier than ever. and right now stay two times and earn a free night book now at choicehotels.com

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chairman, great to see you, thanks for dropping by after labor day. you have been warn being this for quite some time. this in your miernld is an opportunity for terrorists? >> i have been over to jordan to

see the refugee camps. i have to be concerned as chairman of homeland security about the safety of mayor chance in this country. the concern i have is the f.b.i. testified to, we don't have the proper databases on these individuals to insure we are not allowing terrorists to come into this country. until i have that assurance i cannot support a program that could bring jihadists into the united states. gregg: we don't have the intel on the ground, the databases that's required to vet these people. i read a letter from you recently from president obama about this subject. subject. al qaeda successfully exploited the' refugee program. >> an iraqi came into the united states who killed americans in

the iraq war. in syria we have very little human intelligence if any. we don't know who these people are. until we know who they are they cannot responsibly bring them into the united states. gregg: do we know that isis has been able to infiltrate refugee camps in syria. >> we have reports that terrorists want to exploit the refugee process to get into europe and the united states. i can't in good faith support a program that could endanger americans. gregg: you have been raising the alarms for months. you wrote a letter in february asking for concrete answer to.

>> they have to justify it before congress will accept this. it's a tragic situation playing out. we are a compassionate nation. but we need assurances we are not going to bring in terrorists to the united states. >> i have a lot of concerns. i think in this case the department of homeland security and the f.b.i. totally privately, they don't support bringing in syrian refugees. i think the state department wants to bring them in. gregg: tomorrow you will be appearing in lower manhattan at the 9/11 memorial museum. you will be talking about how far we have come in terms of terrorism and trying to defeat it. what are you going to say? >> we'll hear from mayor

giuliani, always remember what happened, make sure it never happens again. we want to hear from him and other witnesses, the police chief bratton in new york. with the killing of bin laden people thought it was over. the threat continues and in many respects the threat is more dangerous today than it was there. reagan says are you better off than you were four years ago? the question is, are you safer? i believe most americans don't feel safer today. gregg: thanks for dropping by today. heather: two officers waiting at a traffic light, ambushed by a gunman. the shocking details next. gregg: the emotional good-bye for a fallen police lieutenant. and hunt for his killers. >> he was a pillar in the

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gregg: gunmen attacking two officers while they waited at a traffic stop. thankfully a new policy helped bring a suspect into custody. >> we had officers shot in the line of duty. the sheriff mandated it was two men to a car, two officers to a car. we have been rolling two officers to a car, fortunately that was the case and we were able to subdue this suspect.

>> reporter: the injured officer was taken to a nearby hospital with non-life-threatening injuries. heather: police lieutenant charles joseph gliniewicz being laid to rest in a service this afternoon as investigators uncover quote significant evidence in their search for the suspected killers. matt, this officer's death gripped this community, really, the country. >> reporter: lieutenant gliniewicz is a 30-year veteran of the police department. moment ago his casket was brought into fat silt behind me and shortly behind that his wife who was wearing his badge on her

chest. this high school is a facility where lieutenant gliniewicz worked with youth. it's the largest facility in the area capable of holding 450 people. but there are 5,000 people expected today. all over town there are memorials in his honor. heather: he has four sons. this perimeter around the shooting was locked down so quickly. what's the latest on that ongoing investigation? >> reporter: police say they have two crucial pieces of evidence. one being surveillance video and home video but they haven't revealed what is seen on those tapes. they are trying to piece together a timeline. also looming behind us is the open wound that this murder is still not solved. those suspects are still at

large. listen to what they say is helping motivate them to continue working. >> i'm the oldest member of this cask force. almost 60. what's energizing me as well as these guys who are half my age that could be my kid is the fact that we have a murdered colleague. 3 hours sleep is enough for me. >> reporter: at 11:30 there will and special walk through for police where we expect hundreds, maybe thousands of officers. gregg: tens of thousands of refugees flooding into europe. why some are saying the roots of the crisis are the direct result of obama's policies. >> when we were there on a

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and yeah, they're endless, but they won't last forever. heather: the refugee crisis sparking finger pointing at home. some critics slamming the obama administration saying his policies are contribute together chaos we see now. >> he created a huge vacuum. he made it clear he's not going to use military force. when the u.s. played a major role in the region, it would have bench easier to manage this situation. today what you have is a crisis of major proportions in syria supported mainly by the iranians. thank you for joining us. first off, do you agree, is the refugee crisis a direct result

of president obama's policy? >> i absolutely agree with the vice president on this one. the precipitous withdrawal of troops from iraq led to the regrowth of isis and our inaction in syria has allowed that civil war to go out of control and is the cause of this refugee crisis. heather: disengage it in iraq which was a centerpiece of obama's campaign. he pointed to the bush administration. he says we shouldn't have been there in the first place. how is engagement to begin with in iraq to blame? >> this is like saying that because america cooperated with the soient union at the beginning of world war ii that the cold war was our fault. we went there to fight terrorism and fight the people who

attacked us and the result was a rising up of some of these outfits. but we crushed them. they were out of the game until we left before we should have and as a result they came back. heather: fallujah cams to mind. it many under control by isis. the red line, president obama's administration, they warned, they said if you use chemical weapons, if you mobile eye the chemical weapons then we'll respond. he then did not do that. so what role did that have in the refugee crisis? >> that was a total dodge. he assumed if he did that assad wouldn't do it. unfortunately assad called him on it and the president had no plan to respond. he likes to say conservatives wouldn't let me do anything.

the problem was he wouldn't tell us what it was he was going to do. if he had a plan i think conservatives would have supported him on it. heather: what could he have done to change the outcome? >> he could have supported early on some of the moderate factions that disappears later. he could have put further restrictions on the assad regime. and we have this mess and now russia is coming back in, iran is coming back in. and it's a complete disaster. heat are * let's talk more about iran and the nuclear deal. how will that impact future issues? will that have the numbers strengthened? >> i think it will, iran will

have $150 billion in crash to throw around to prop up the al-assad regime and terrorist groups like hezbollah and you will see it get worse and worse and more and more people will leave syria and join this refugee flow. heather: it took on a personal perspective when people saw the young child, i think was 2 years old. his brother was buried, his mother was buried. we are talk about 4 million people at this point. what should the u.s. do? >> the u.s. along with the rest of the civilized world need to help these refugees. but we need to go after the cause of it. go after isis. get rid of assad. bring some sort of order to syria so these people don't continue to snow outwardly. we have to do both.

but i don't think the president is willing to do the hard part going after the cause. we are just going after the symptoms. gregg: the quarterfinals in tennis, a family reunion on the court. next up the defending chapel, her sister venus. it will be williams v. williams for the 27th time. a squirrel scampered on to the court during the doubles match. plenty of debris and hot dogs.

heather: serena or venus? gregg: you have got to take serena. eugenie bouchard slipped in the locker room and hurt her head so she had to withdraw. djokovic or federer? heather: new concerns for republican presidential candidate jeb bush as he loses more ground to donald trump in a new poll. fox news alert a new warning for police-goers. >> i don't know out, you know. it's kind of close to shore. there is no reefs. don't fall on my head.

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heather: strong rip currents and heavy swells bringing dangerous conditions along the california coast. one swimmer who was pulled out by a rip current in san diego describes the conditions. >> you touch bottom and there is nothing underneath you. you don't know how strong it is until it happens. >> reporter: the increased emphasis on beach safety after a swimmer died after getting caught up in a rip current oven this beach. gregg: prlt candidate donald trump putting serious distance

between himself and jeb bush in the key primary state of new hampshire. he was trailing by 7 percentage points. now he's in fourth place and down to single digits. bush has lost almost half his support in new hampshire since july man see you what his support has dropped in half. what's happened to jeb bush. does he have himself to blame or is it a victim of the trump juggernaut? >> i think jeb bush is in real trouble. you have to remember new hampshire was going to be his bread and butter. he admitted see you what wasn't and major concern. but he's supposed to be popular.

his politics are supposed to be more in line. i think his biggest problem is job bush is well known. and he's having a hard time gaining momentum in a state where he's supposed to be winning. gregg: i looked at a recent poll and drorn has reversed his negative numbers. and he leads clinton in a national poll by 5 points. >> first i want to wish you happy labor day. the negatives for trump as far as his perception among primary voters. we all agreet swing states

necessary to win a general election are in the mountain, west and the south of florida. you have to get 5% of the latino vote in nevada to win that state. what you have to ask yourself in the polling is take out the given, california, texas, we know where they are going to go in a general election. ask yourself in the swing states, could donald trump prevail there? i say no. gregg: let's put this on the screen. is bullying and lack of consistency on issues.

>> when you look at history and you look at people who have been in front in the polls for significant amounts of time, as we get closer to the election they seem to fall out. donald trump certainly has that risk. when you look at his history. he has that concern. but republic dance will be the key here. republicans are waited far too long to hit back on trump and his inconsistent record. now thur they are losing to him and it's taking too long to hit back. the first caucus is not for a while. there always lot that can happen between now and january to bring trump down. gregg: a lot of people say trump

taps into the anger at the political stabment in washington and in fact a bush support per and donor of the super pac it this way. he obviously disgusts a lot of people because it's been vile but he's also been able to bring out what people feel about their government. is he right? >> donald trump tabs into a bona fide stream of thinking in america politics. going back to his positions that might strike some republicans as to liberal. that feeds if the narrative that he doesn't fit easily into any given category. that's bolsters his support because it's outside the norm. that makes the party operation very nervous. they don't know how to handle that. the fact he signed the pledge

saying i'll support hofort nominee is cuts to both ways it also means republicans will support him if he becomes the mom knee. this is unknown territory. >> strum' seems to be getting his highest level of support from people least likely to actually vote. that's a problem. >> that is a real problem. if they are not going show up to the polls to vote for him then he's not going to win. looking at people supporting donald trump is important and look for people supporting other candidates and getting them out to the polls to cast their votes in a primary is important. none of the gop * candidates are under federal investigation by the f.b.i., and that's something republicans have going over hillary clinton. gregg: fair and bammed we'll be

tackling that in another segment very shortly. good to see you both. happy labor day. heather: very soon we'll be tackling that. how she is responding to new details surfacing about paying a state department staff tore maintain her private email server. gregg: a new study revealing workplace stress may be as bad for your health as second hand smoke. the doctor is in with the details.

gregg: a drone smashing into the university of kentucky. the drone belonging to a student at the university. a new york teacher was busted for flying drone into empty seats at u.s. open. nobody was injured fortunately. >> he said he was looking for it for two hours. a science teacher at that. no one was injured. that's good. surprising research suggesting work-related stress is just as bad for your health as second-hand smoke. harvard researchers find that it can raise the chances of early death by almost 20%.

dr. marc siegel joins us to talk about this. hello to you on this labor day. all those laborers out there. why the comparison between stress and second-hand smoke? >> since the labor day movement started in 1894 there has been a lot of focus on how happy people are at work. studies look at if you lose weight or stop smoke or exercise we'll give an incentive for that. but this is a landmark study. they are look at 220 studies that have looked at other issues. what's the effect of long hours. long hours seems to increase death rate by 20%. and job insecurity. that has led to increased poor health reports by 50%.

for people who think their job demand are too high. that means 35% of them go to doctors ... heather: we are having some audio issues with dr. siegel there. but one of the issues we are talking about in this particular study, the healthcare that's pro rided to employees. there should be more mental health avenues available. gregg: some cadillac plans offer it. clearly dr. siegel stressed out all of our camera equipment so we lost the feed. we apologize for that but i think we got the point. heather: we did. gregg: president obama drawing attention to a new executive

order that will effect hundreds of thousands of workers. heather: the kentucky clerk vows to appeal the ruling that land her in jail.

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they will you all be there at they will you all be there at there you go. not a labor union event per se. lakes region over last couple days. this is always popular with grant staters. in iowa, hillary clinton will sustained several big union picnics, including big one in des moines. martin o'malley going to labor

picnic in cedar rapids. in iowa's clinton's lead is eroding fast. she was ahead 24 points. now only 11 over bernie sanders. sanders is leading clinton in new hampshire by nine and that is huge. joe biden is at 16% in the granite state. clinton is definitely feeling the burn and she has been saying in her campaign, has been making point ever noting to reporters that she is building a so-called southern firewall to try to contain sanders assuming he continues to surge in early voting states. questions like email server are a big problem. in iowa the race for republicans has become lopsided. outsiders are now in charge. trump and carson way, way ahead. together two of them combine for 51% of iowa caucus-goers in that poll. that is extraordinary. combined 16 candidates don't add up to what both carson and trump get in new hampshire trump has

out-sized lead. john kasich and ben carson are tied in double digits. the rest are bunched together in the basement. on this labor day, outsiders are out front and political pros are struggling big time for traction. heather: trump, continues to surprise a lot of pundits. what happens after labor day? do the races accelerate rate? what happens next. >> reporter: candidates are raising money and start spending it in ernest. you will see a lot of bio ads talking about why the candidates have so great. you will see super-pacs starting to spend money they have been raising that changes everything. and now, post-labor day, as you begin, as folks begin to see advertising all over the country and particularly in early states, dangerous time to be the frontrunner. donald trump has been like teflon. some of the mistakes and criticism he has seems to bounce off of him. from this point forward, for jeb bush or john kasich or

marco rubio or ted cruz or anybody else, to sort of move ahead and challenge trump, could mean that his potential billion dollars in spending could land right on their heads. and, because he said he would tap his own resources in order to do that. jeb bush raised over $110 million. he has a lot of that ready to go. ted cruz raised $50 million. he is in a place to compete well beyond early states because of that money. for rest of the field raising money is really tough. when you're in 5% at field of 17 candidates hard to raise money. trump doesn't need to. bush and cruz don't have it. rest of the field are in tough shape. it is better to wait to peak before the iowa caucuses five months from now. heather: carl cameron live. hope you fully to a barbecue now, thanks. gregg: hillary clinton confirming new revelations about her email disclosing she paid

brian pagliano to keep the server up and running using her own funds after putting him on the department of state. >> with respect to personal services that he provided to me and my family, we obviously paid for those services and did so because during a period of time, we continued to need his technical assistance and i think that's in the public record. gregg: sarah westwood, investigative reporter for the "washington examiner." good to see you. does this further muddy the waters, that she was paying for this guy personally to set up the server? >> absolutely. further obscures the path that hillary clinton took to setting up this server because brian pagliano's full payment record might not be subject to the freedom of information act now that it came directly out of the clintons pockets and we know it

didn't come out-of-state department coffers. on one hand that is good thing. it means taxpayer dollars were not paying for his salary, at least for the portion for him to travel up to chappaqua to work on the server in her basement. it is difficult to figure out what is driving this unusual email arrangement. gregg: pagliano may answer a lot of questions, why did she set up the server? how secure was it? why wasn't it encrypted? who wiped it clean? that is important. this guy has taken the fifth and he has ever right to do so but the appearance it creates he hiding something, perhaps criminal activity. is that what is really hurting her? >> it doesn't look good for her one of her top aides, the one who was most involved with her server is pleading the fifth amendment. you saw that reflected in the fact that she sort of tried to distance herself from pagliano's decision by saying, look, i've advised all of my aides to

cooperate with the investigators and with congress. i don't know why they're not cooperating in the case of brian pagliano, because he has nothing to hide. i have encouraged them to speak to investigators. whether pagliano has anything to hide, it certainly doesn't look good to the outside observer. gregg: taking toll on her campaign. the most frequently used word to describe her in a survey was liar. that is never good if you're trying to be president of the united states. take a look at the new hampshire poll. this is really astonishing. couple months ago clinton led bernie sanders by 10 points there. she is now losing by nine. so that's nearly 20-point swing. and look at her favorability versus unfavorability. it just gets worse and worse for her. she is now underwater in terms of, you know, more people have a negative view of her. could this just continue to

snowball? >> absolutely. this has gotten worse. i think most democratic observers had predicted. they expected her to consolidate all of the support of democratic cruise to her coronation so to speak. a lot of voters are flocking to bernie sanders in these numbers. a lot of speculation, vice president joe biden may launch a late challenge because she left the door wide open to someone else to take this democratic nomination because this investigation has gotten worse anyone might have thought with news first broke in march. gregg: our own catherine herridge reports that clinton's server had classified intel from three different intelligence agencies and that it was classified when it was sent, not later as hillary clinton claims. moreover, there are reports that somebody on her staff appears to have tried to hide the extent of those classifications.

is there a threshold level at which point she just, it damages her to the point that she can not get the nomination, or, is she so secure in all of the southern primaries it's hers? >> that is the million dollar question, right? at what point does this become insurmountable for her campaign and there is just no way to know. so far this has rocked the boat for her in terms of her prospects forhe democratic nomination but it hasn't eliminated her from the race all together. certainly the extent of the classified information is much worse than she originally presented to the american people and the extent to which she went to hide this server, that is also worse than she initially predicted. we know this had nothing to do with convenience because she was carrying several devices. there is whole host of things her camp once said that have been proven false.

the weight of that might cause her to have to take some steps to fix this beyond taking occasional question here and there. gregg: fox news has confirmed the fbi is looking very directly at the espionage act which is a crime. so you can't dismiss this as a political witch-hunt. now it is a legal matter. sara westwood, thanks for being with us. >> thank you. heather: president obama traveling to boston for a major show of solidarity with american workers this labor day. he is attending a union rally and a breakfast in boston where he will signed an executive order requiring paid sick leave for hundreds of thousands of employees of federal contractors. kevin corke is live for us at the white house. kevin, what is in this executive order and who is paying perhaps more importantly for these changes? >> reporter: great question, right? good day to you, heather. the truth it is yet another

executive action. you guessed it you're paying for it. to be fair there is a fair amount of broad support on both edges of political spectrum for this one. show you what it is. this is executive action but this will get a lot of people talking t would require federal contractors to guarranty paid sick leave up to seven days for workers. it will affect about 300,000 federal contract workers. and workers use paid sick leave for themselves, family member, or absence resulting from domestic violence. the truth is this shouldn't surprise anybody because if you go back to the state of the union he sort of telegraphed this idea. take a listen to the president from back in january. >> today we are the only advanced country on that's right doesn't guarranty paid sick leave or paid maternity leave to our workers. 43 million workers have no paid sick leave. 43 million. think about that. >> reporter: think about it. so that means 21 cities now and

states, have actually enacted laws similar to that idea and president is obviously going to talk a great deal about that one today. heather: kevin corke live for us. happy labor day. >> reporter: same to you. gregg: isis using u.s. trucks and bulldozers and bombs, allies in iraq pleading for help against this new form of terror warfare. can anything be done to help? heather: and two police officers ambushed in broad daylight. how they managed to catch the suspect and how the police department is responding as attacks against officers just continue to rise. >> police officers are losing the respect of the public. there is anti-police rhetoric and i think it is time that the leaders of this country stand up and say, enough is enough. we must go ahead and support the men rand women in blue.

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gregg: international atomic energy agency saying it is keeping close eye on north korea. this week's meeting of 35 nations will focus on iran, but u.n. watchdog says satellite images show north korea is expanding its nuclear program. pongyang has exploded three weapons in tests since it withdrew from non-proliferation treaty. kim jong-un has vowed to develop the program further.

development at the country's main atomic site seems to line up with that vow. heather: isis developing new tactics using u.s. military equipment. they're adapting american military trucks to create what are known as vehicle-borne explosive devices. kurdish fighters say terrorists drive trucks into their forces and blow them up. they're pleading for heavy weapons to help match isis capabilities. chuck nash is retired navy captain and fox news military analyst and he joins us now. thank you for joining us. >> my pleasure, heather. heather: what do we need to do here? is it a matter of sending more weapons? >> well, sending right types of weapons and depending who you speak with, i have spoken with special forces officer who has very intense connection with this in iraq, who says that the kurds are getting everything they need and that a lot of this is just public relations. yet i have spoken with people

from the kurdish government who say no, that is not true, we're not betting heavy weapons. we're just getting sustainment weapons. a lot of the problem, they both could be right by the way because we're shipping weaponry through the iraqis and iraqis have vested interest in keeping kurds just enough supplied to hold on but not to actually win and become powerful because they see kurds eventually pushing for independent kurdistan. what they don't understand, the iraqis, if they do not allow the kurds to fight back and really start to push back on isis, isis will gain strength and state of iraq is going to collapse anyway. heather: why would kurds do that, just to go back to your initial statement there, this is just a matter of public relations? >> in other words that's what some people are saying on the u.s. side. no, no, we're shipping the weapons, we're shipping the weapons. guess what? we may be shipping the weapons through iraq and there have been

very senior iraqi government officials and military officers, iraqi military officers who have been arrested gone to jail because they're taking some of those supplies and in some cases selling them to the enemy, to isis, not just to the shia militias, which at least is being thrown into the fight against isis, as bad as they are, but in some cases that weaponry is winding up on the wrong side of the line. heather: that begs the question, how did these trucks wind up on that side? >> well, a lot of that stuff was captured. we had whole iraqi divisions take off the uniforms and run for home and they left the equipment behind and isis has it. as far as the concept filling up vehicles with explosives that goes back to al qaeda in iraq for a decade. they were blowing up our troops driving by in humvees with

vbedss back then. these are something isis folks are using. they have armored vehicles and using bulldozers. picture a front of a bulldozer, you're with a shoulder-fired weapon with a bulldozer that had steelcase built around the cab. it is very difficult. what they are asking for, give us anti-tank weapons, that is more like a tank than it is a tracked bulldozer. heather: most of us heard of ieds but these vbeds have been used in the past. what i understand is new is using them on the front line, correct? >> yes. they're actually driving them into the kurdish positions and pack hundreds and hundreds of pounds of high explosive in them, when they do penetrate kurdish lines and set it off, the blast and heat and fragmentation, you're killing people for 100 yards or so, either side of them. heather: captain nash, just so go back one of your statements

to determine who is telling the truth here, how do we do that? is that more troops on the ground? more intel on the ground. >> it is better intel on the ground, one of things we need to do were i in congress and sitting on house prepare race operations committee i would deamend an investigation. i wouldn't use just anybody. i would pull in retired special forces and military folks who understand combat supply and loy gist ticks and get them over there and follow these supplies through the supply chain. find out who is telling the truth and who isn't. somebody needs to do oversight on this. these are taxpayers dollars going into this. look what we did for the new syrian force. we spent $500 million and we trained 54 guys, who whether they first got into contact, half were killed, captured or missing and rest escaped to turkey and haven't heard hide nor hair since. we have to be serious. isis is gaining on the battlefield. when they do, not just iraq that

suffers. look at mass migration problems they have got. it's a mess. heather: we talked about that earlier. captain chuck nash joining us today. thank you very much. you're pretty fired up on this one. >> you about cha, heather. heather: thanks. gregg: she fought for her religious beliefs, refusing to issue same-sex marriage licenses and now kentucky county clerk kim davis is fighting to be freed from jail. the lawyers are vowing an appeal. do they have a case? >> it is unacceptable to put a person in jail without bail because she followed her conscience. not only that, she followed the only law that is in front of he her. when something works, people stick with it. more people stick with humana medicare advantage. because we stick with them.

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i'm a gas service rep for pg&e in san jose.. as a gas service rep we are basically the ambassador of the company. we make the most contact with the customers on a daily basis. i work hand-in-hand with crews to make sure our gas pipes are safe. my wife and i are both from san jose. my kids and their friends live in this community. every time i go to a customer's house, their children could be friends with my children so it's important to me. one of the most rewarding parts of this job is after you help a customer, seeing a smile on their face. together, we're building a better california. heather: california campgrounds shut down this labor day. massive fire near fresno quickly spreading.

hot, dry weather fueling the flames. it is california's largest wildfire right now with nearly 140 square miles scorched. smoke advisory is in effect for nays nearby. about 2000 firefighters are battling those flames which started from a lightning strike back on july 31st. gregg: a gunman ambushes two police officers in las vegas. not only did those officers survived, but they chased down the suspect and made the arrest. will carr, live from our west coast newsroom with the latest. will, this was really a close call. could have been a whole lot worse. >> reporter: yeah, absolutely, gregg. this suspect was ungunning for these officers, going up to the car, firing at least three shots. amazing they weren't hurt worst or killed. this went down in southwest las vegas in between downtown and henderson yesterday afternoon. the officers were sitting at an intersection when the suspect approached their car and started firing with a semi-automatic

handgun. one officer hit in the hand. the other jumped out of the car, chased suspect down, arrested him. neither fired their guns. this is the second time a las vegas officer has been shot in just the past three days. on friday, officer jeremy robertson was shot in the leg by a burglary suspect with ak-47. he had to have surgery and is expected to get better. four las vegas officers have been shot in the past two months, forcing law enforcement in the area to change the way they patrol the streets of las vegas. >> we've been rolling two officers to a car since this last friday. this was more or less not just because of safety concern, but because it gives our officers a chance to decompress, talk to each other while they're driving around and just gives them that extra measure of reassures that they're going to be able to stay safe out there on the streets. >> reporter: officers say so far they have no motive for the suspect, gregg. gregg: will, do vegas officers feel like they're under attack?

>> reporter: certainly they're on high alert although it appears that the previous shootings, before yesterday's shooting were not ambush-style attacks on these officers. but it does come on the heels of lieutenant charles glen whiz in chicago and. darren goforth being gunned down. in 2013 there were 10 fatal attacks on police officers. in 2014 the number of fatal shootings jumped to 15. so far this year there have been four. metro undersheriff in las vegas told one of the papers, he does believe it's a rough time for police officers. but he thinks it is a false narrative that there is a war on cops right now. gregg? gregg: will carr, live in l.a. will, thanks. heather: donald trump hits back at hillary clinton after she goes on the attack this weekend. another gop candidate says that it is about time. >> i actually wish mr. trump

would throw a little more heat hillary clinton's way. i feel sometimes as though i'm only candidate who is consistently been critical of her. the truth is, mrs. clinton has lied as secretary of state about benghazi, about her e-mails. about her server. between a morning around the house and getting a little exercise. and i tried a baking class. one weekend can make all the difference. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. take your weekend on with a coupon at depend.com

♪ gregg: the kentucky county clerk jailed for refusing to issue marriage licenses to same-sex couples is fighting for her freedom. attorneys for kim davis officially appealed the ruling that put her in jail last week. supporters rallying behind her over the weekend, gathering at the jail where she's being held. another rally set for tomorrow. gop presidential candidate mike huckabee plans to be there. hear's what he had to say about the situation on "fox & friends" this morning. >> it is unacceptable to put a person in jail without bail because she followed her conscience, and not only that, she followed the only law that

is in front of her. the supreme court's ruling in fact, said that they ruled that there was rights for same-sex marriage. but the supreme court, ed, can't make a law. they can't bring into a codified version of a law and prescribe specifically. gregg: trial attorney chip merlin joins us. criminal defense attorney sharon lyko joins us as well. chip, it seems pretty straightforward. she violate ad supreme court ruling. a federal judge told her to comply with a supreme court ruling. she refused. her chances on appeal, how would you handicap that? >> pretty slim, almost none as a matter of fact. i've been doing this 30 years. one thing you certainly learn, when a judge tells you to do something, tell you to do it, injunction in this case and you refuse to do so you can expect to be thrown in jail. almost only thing left for judge to do. in our civil justice system, that higher rule of law people

can't pick and choose what rules to follow, otherwise we would have chaos. gregg: sharon, she can still practice her faith but not on the job but not in a way that interferes with citizens rights she serves. u.s. supreme court said nine years ago. i will put it up on the screen. when a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom. sharon, she can't do her official duties and put those ahead of her personal beliefs. should she not hold that job? >> she has a choice. she has got to get out of jail card free. but she wants, she is a hypocrite. she is applying for the job of a martyr. she wants to practice her faith by not issuing marriage licenses, yet she will not agree to let the deputy county clerk issue the marriage licenses even if it is okay with their faith.

she, is a government employee. she took an oath to abide by the law and to follow the laws. if she can't do that, then she needs to resign. if it were that easy then you might want to revisit and talk to the families of the vietnam war vets who went to war because they couldn't just resign or not go and do their job. gregg: you know, chip, when she took the job, she swore to uphold the law. we rely on government officials to do that. they can't just pick and choose what laws they like, which ones they don't. if they were allowed to do that, wouldn't that lead to chaos, anarchy and so forth? >> i think that is exactly what the judge's opinion was. i mean the judge wrote a 28-page opinion. he was very precise what he wrote. he wrote, even if we personally find some of our acts not tolerable, still doesn't mean we're changing somebody's faith.

you can still believe this is immoral but as elected official you have obligation to uphold other people's constitutional rights. the supreme court indicated people in this country have a right to get a marriage license if they're gay. only thing she had to determine whether or not they qualified to get married. simple as that. doesn't make her change her beliefs of the. gregg: sharon, react to statement on fox news yesterday by kim davis's attorney and in particular, pay careful attention to the very last sentence when he talks about constitutionality. take a listen to this. >> the case of rowan county in kentucky, 75% of the people in kentucky passed marriage amendment. she also took an oath to defend that constitution as well. when she ran for office and people put her in the office, same-sex marriage was not part of the agenda but five people two months ago changed that. and it is really questionable in terms whether they even have any constitutional authority to do so.

gregg: whether the supreme court has constitutional authority? article iii, section 2, sharon of the constitution gives the supreme court constitutional authority to decide constitutional issues, i mean was that a stunningly obtuse statement by her attorney? >> that is very polite way of putting it. i would say just ridiculously stupid statement. the supreme court does, just that, and they determine constitutionality issues. they resolve these kinds of disputes. this woman has a choice. she can either follow the law, she can do her job or can get out. she doesn't have the right to get in there and enforce the law she agrees with and oppose laws she doesn't. if that is the way our country worked we would be reduced to anarchy, there would be free-for-all. people doing whatever they want, wherever they want. that is not, that is not how our society functions. gregg: chip, i mean it is kind of sad that this woman's behind

bars. and i was trying to figure out another way that judge bunning could have taken. maybe he could have said, look, i'm going to ban you from that office until you're willing to carry out your duties. they could put a couple of federal marshals out front or one out front to prevent her from going in there. wouldn't that accomplish the same thing but she wouldn't be incarcerated? >> well the judges don't like to be in position of actually running other people. they will tell them what they have to do. he made it very strict ruling but he also said he would revisit in seven days. truth of the matter in this case, the gay couple never asked for her to be placed in jail. this rule of law is extraordinarily important, if people don't follow final ruling even after of appeal in this case you can expect to get thrown in jail. you will have anarchy. we have to comport what judges follow and we go along with that you might disagree with it, but you still have to follow it. gregg: chip, sharon, good to see you both. thank you.

>> thank you. heather: iraq carrying out new strikes to bring down isis. the country's air force conducting strikes against the terrorist army using f-16 fighter planes provided by the pentagon. iraq's air force had been practically nonexistent in recent years. john huddy from the jerusalem bureau with more details. hi, john. >> reporter: heather, for f-16 falcons carried out four airstrikes. they say the airstrikes have been on isis positions. you can sigh some of the video. we're talking about vehicles, buildings and fighters and those airstrikes primary took place in the saladin and kirkuk provinces iraq, south of mosul, north of baghdad to give you an idea and it is the first time f-16s have been launched into action

since iraq received them back in july from the u.s. they are part of a larger package that the 30 f1s that iru.s. sold to iraq for little over 4 billion. iraq's defense minister said sunday, their use will have quote, impact of conduct of operations in the future in iraq. some say that the f-16s may not necessarily be a game-changer it is an important step for iraq's air force that has been relying on outdated russian jets, migs, turboprop cessna airplanes, helicopters and of course u.s. and coalition airstrikes. and, heather, these f-16 airstrikes, are set to be possibly a prelude to the fight to retake mosul in the coming weeks. we're hearing iraqi and supporting forces are gearing up for the fight. it is likely, heather, to be largest, most significant, probably bloodiest fight against isis in iraq and these f-16s

will likely play a part in that overall battle. heather: i was reading on the newswires where iraq's defense minister escape ad sniper attack as well. thank you very much for all that information today, thanks. gregg: a growing feud between donald trump and hillary clinton heating up. what clinton said about trump that was sure to get a response and it did. heather: plus, tom brady warming up for the first game of the season and speaking out after winning a court battle to overturn his suspension. >> anything that's happen over the past seven months, you know, obviously i have a lot of personal feelings and, but i really don't care to share many of those. i really care to think about what i need to do going forward.

bill's got a very tough 13lie here...... looks like we have some sort of sea monster in the water hazard here. i believe that's a "kraken", bruce. it looks like he's going to go with a nine iron. that may not be enough club... well he's definitely going to lose a stroke on this hole. if you're a golf commentator, you whisper. 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. this golf course is electric... gregg: tom brady is getting ready for his team's season opener, focusing on thursday's big game against the steelers.

his four-game suspension overturned by a judge last week. the new england patriots quarterback avoiding most questions on "deflategate," saying he is focusing on the team. >> i dealt with them the best way i know how. certainly i have so much support from family and friends and organization, mr. kraft has been, you know, unbelievable support for me. just like he would be for any player in this locker room. and there is ahere is a lot of people that have supported me. and we'll need that support this season. gregg: brady also says he feels terrible for the two patriots employees who were suspended for their alleged roles in "deflategate" and roger goodell, the nfl commissioner will not attend the season opener in fox borrow. gee, what a surprise. i think they would tar and feather him and ride out on a rile. heather: people have a lot to say about that i'm sure it will continue as the season moves on.

gregg: okay. heather: donald trump and hillary clinton trading political punches over the weekend. >> he has insulted a lot of people and he has blaming people and bullying people. i don't think that's the kind of approach one should take in running for president of the united states. when you're president of the united states, people around the world pay very close attention to what you say. so you do have to exercise some, you know, some care and thought in the words that you use. heather: trump firing back on twitter saying this, quote, hillary said such nasty things about me, read directly off her teleprompter, but there was no emotion, no truth. just can't read speeches. joining us now, dinneen borelli, chief political correspond debt for conservative review and fox news contributor. attorney jessica ehrlich, former democratic congressional candidate. thank you both for joining us.

>> good morning. heather: good morning to both of you. why are things, why do they appear to be heating up between clinton and trump? why now? why are they going back and forth, dinneen? >> of course she will pick on trump. leading front runner for the republican party. listen, i think trump is absolutely right. hillary clinton has authenticity problems and then some. and americans also believe that as well. you've got 60% of the americans who just don't trust the woman. and, also, when you look at the fact she has been lying on numerous issues from day one, you can't just get around that. so, and also, when people asked what word association comes to mind, when you mentioned hillary clinton, it is liar. heather: we'll talk a little bit more about that a little later. >> this shows reflection in the polls, heather. she is down in new hampshire by nine points. in iowa she is only up by seven. heather: that lead changed. she was up 24 points at one

point. jessica, trump has his own issues. how does he do this? how does he go after clinton, walk the fine line and how he would treat any other political candidate avoiding the war on women or coming off as bully towards a woman? >> well, i mean i think we've already seen this from trump in general, the same thing he had this issue with megyn kelly. he is equal opportunity offender i think when it comes to insulting people, certainly across the board. you know, what his particular feelings are, whether it is towards women, per se or not or who he hires or doesn't, i mean i think in general it is sort of his bombastic personality that enupcoming out here for sure. so, you know, i think, if it were a head-to-head with him and hillary, i think there is more just in terms of not just throwing snarky remarks, but it would be interesting to see them actually discussing policy. i feel she could pretty much clean the floor what actually goes on in the government and

what we're doing on national and international level. heather: looks like folks don't agree with you though. we talked about the latest poll and puts trump up against clinton, trump in the lead 48 percent to 41%. let's look at couple other polls for you. i find this interesting, if you look who is leading in the republican group, that of course is donald trump. you take another look who is leading in the democrats and that of course is hillary clinton. but, the opposite seems to be true as well. another poll is like, i guess you could call it the no-way poll. who you would i not vote for under any circumstances. clinton leading that poll, 11% and trump leading that poll, 26%. so, voters, you know, they either love them or hate them. dinneen? >> sure. getting back to hillary, listen, americans don't trust her. the emails, the server. i think she is very arrogant when she is doing these political stumps and making jets about cleaning the server or

using snapchat because the emails delete and go away. this woman is under fbi investigation, so clearly americans are tired of the political dynasty. they're tired of the lies and hillary clinton, her lies are really catching up to her now. look what happened with benghazi. what look is is going on in iraq and isis. clearly she is walking disaster. heather: subject of an fbi investigation being the most recent and prevalent. >> yes. heather: jessica, no doubt they're concerned about these poll numbers. >> yeah, i think there is a little bit but we're still so far out. all of pundits in d.c. and everywhere today, that sort of review all these numbers, we're so far away, we'll have a national coliege@champion before we'll have our candidates for president. there send tire football season ahead before this happens. to make any predictions now i think is a little premature. most people, especially those who run the numbers, still think we'll be looking at, you know, a

hillary and jeb presidential ticket. but, you never know. these things can always change. really dinneen is beating same old drum beaten for a long time. >> i'm telling the truth. she is under fbi investigation. not beating drum. >> it is. you're beating same drum, oh, she is lier -- >> she is a liar. heather: jessica, let's -- >> against hillary, they're very polarized already. heather: let's take a look. dinneen brought up beginning in the segment. it was open-ended. words you would use to describe hillary clinton. overwhelmingly 178 people said liar, dishonest, untrustworthy. experienced and strong coming in the at bottom. we can take a look at trumps words, people how would describe him. as you would imagine, some of those numbers, were, just, standoffish and a bully and things like that. i don't know where that graphic went. but they both have their own set

of problems. dinneen, how do they both overcome those? >> yeah. well, being label ad liar is going to be really hard to overcome and so far hillary keeps digging that hole even deeper anytime she makes comments. even recently claiming she was sorry for what happened with the email. she is not sorry. she is sorry she got caught. heather: jessica, get the last word. arrogant was the first word to describe trump. actually, we have to go. because of time. but we'll have you both on again to talk about some more. thank you. >> thanks. >> thank you. gregg: let's head over to leland vittert, standing by. what will happen on "happening now," leland? >> coming up at top of the hour, gregg, we'll break down new polls that show a big shift in the democratic race for the white house. bernie sanders is now leading hillary clinton in new hampshire. so we'll ask, has the email scandal finally caught up with her and her poll numbers? plus, president obama signing executive order requiring paid sick leave for employees of federal contractors.

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gregg: brace yourself. tropical storm grace still moving across the atlantic ocean. doesn't look like the storm will pose much danger to the united states. meanwhile people living in central plains could have labor day barbecues rained out. maria molina is in the extreme maria molina is in the extreme . >> hi, gregg. food to see. hello to everybody at home. it will not pose any threat to the united states. el nino is going across the pacific ocean.

this influences hurricane season by keeping it on lower end side. we're not predicting a lot of tropical storm or hurricanes throughout the hurricane season. forecasting it to remain below average. because of el nino, strong wind sheer tends to increase. a lot of dry air in place across atlantic. that is helping to keep tropical storm grace very disorganized. just basically showers and storms. somewhat organized out there across the atlantic. maximum sustained winds at 45 miles per hour. over the next several days it will continue to endure the tough conditions with strong winds and also dry air. we predict eventually the storm will dissipate across parts caribbean. that is good news because we'll get much-needed rain for the storm but the storm will stay relatively weak. across the central u.s., we're tracking a storm system on the move. it is a cold front it will bring in cooler air to other areas in the u.s. out here the big concern is threat for severe storms. we're looking large hail,

damaging winds and flash flooding being primary threat. isolated tornadoes will be possible especially across parts of kansas into nebraska. we'll watch that area very closely. for tomorrow we have another marginal risk. on lower scale. you still have threat for severe weather from parts of oklahoma also into illinois. large hail, damaging winds and flash flooding, being primary concerns yet again. looking at radar. we have heavy rain across parts of missouri. concern for flash flooding with watches across iowa, very widespread how much rain we've already seen, gregg. temperaturewise, looks like it will be a scorcher across the southern plains. gregg: yeah. kansas city barbecue will be a little wet. maria, thank you. heather: thousands of people running from civil war in syria with nowhere left to go. countries in western europe scrambling for a plan to accommodate all of them. we'll tell you what they are doing after the break. e a proble got the solution.

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>> that will do it for us this labor day. hope everybody has a great time. >> we certainly enjoyed working on this day for everyone at home. nice to be with you. >> great to be with you. "happening now" begins right now. bye-bye. >> a major shake-up in the race for the 2016 democratic presidential nomination. hello, everyone, i'm patti ann browne in for jenna lee. leland: i'm jon scott, leland vittert in for jon scott. happy labor day to you. senator bernie sanders surging ahead of democratic frontrunner hillary clinton latest poll out of the country ace first primary state, new hampshire. vermont lawmaker's momentum comes as clinton's campaign continues to struggle to answer questions about her private email server. vice president joe biden also has significant support from primary voters in the january knitta