happening now on the "newsroom," hillary clinton respond to reports about wiping her e-mail server with a shrug and a joke. >> like with a cloth or something? no. >> new cnn polls out this morning show she's still the one to beat, but the margin gets smaller. also, a teenage girl takes the stand facing her accused rapist testifying about what happened at an elite private school. se rrena williams gears up r the us open.

>> i get chill bumps like literally thinking about all the stuff that women are doing. >> let's talk. live in the cnn "newsroom." and good morning. i'm carol costello. thank you so much for joining me. we begin this hour with hillary clinton. she's now facing a sharp decline in the polls, falling below the 50% mark for the first time during her campaign. one possible reason, the seemingly never ending scandal involving personal e-mail she used while secretary of state and reports that she wiped her server clean. while clinton is addressing the issue head on, it appears to be testing her patience. >> my personal e-mails are my personal business, right? so that's all ki si can say. >> did you try to wipe the whole server? >> i have no idea. >> you were the official in charge. did you wipe the server?

>> what, like with a cloth or something? >> i don't know. you know how it works digitally. >> i don't know how it works digitally at all. we turned over everything that was work- related, every single thing. nobody talks to me about it other than you guys. >> cnn's evan perez is following the story. >> reporter: she is trying to apparently minimize this problem. everything so far that we know indicates that she may be right. at the end of this, this will likely not end up being a legal problem, at least based on what we know at this point. however, there is an fbi investigation. they are looking at the server that her campaign has turned over. and it is a serious investigation. it's a little odd to see a presidential candidate dismiss an investigation that is being done by the fbi. and people i talked to say they

belief that they will be able to recover data from this server. and we'll see where that goes. we do know that she does believe she's being treated differently from other people who have had similar issues, she says. here's how she put it yesterday at the end of that press conference. >> whether it was a personal account or a government account, i did not send classified material and i did not receive any material that was marked or designated classified, which is the way you know whether something is. what you're seeing now is a disagreement between agencies saying you know what they should have and the other saying, no, they shouldn't. that has nothing to do with me. if it had been a government account and i said release it, we'll be having the same arguments. >> reporter: what she's getting at there is that the issue of classification is not that simple. for instance, one agency might say we think that's classified

and the state department might say, well, it's not so clear. it's not a cut and dried issue. she is pointing to something that's correct. however, nobody would question if hillary clinton had a dot gov e-mail and she was simply using a government e-mail account, this controversy likely would be much, much smaller for her. that's the problem she's created. speaker john boehner tweeted this morning that hillary clinton is playing word games in an effort to mislead the american people. he says she's making yet another false claim about whether or not this was classified information. what he's pointing to simply is there have been shifting explanations by the clinton campaign as to exactly what she did and what she sent and received. >> thank you. dismissing that e-mail controversy, but some say hillary clinton does that at her own peril. a new poll tells the story. for the first time in our

national polling clinton's support among democrats has dipped below 50%. it now stands at 47%. that's a big drop, nine percentage points. bernie sanders has gained ten points and is narrowing the gap separating the two. let's bring in mark preston, the executive editor of cnn politics. >> from our last poll, you can see that bernie sanders has cut the lead in half. if you look at the gains he has made, he is now trailing clinton by 18 points, which is sizable. but it was 37 points in our last poll. would bernie sanders do a better job as president? 31% 1% of voters say yes. bernie sanders clearly has a lot

of work to do to convince people he is a better alternative than hillary clinton. let's look at matchups with two specific candidates. jeb bush, look at these numbers. hillary clinton holds a lead over jeb bush in a hypothetical matchup by nine points. pretty healthy lead, certainly at this point in the election. let's look at her against donald trump, the front runner for the republican presidential nomination. six points right now, hillary clinton is leading donald trump. however, what is not on the screen and what i will tell our viewers right now is that this is a sizable increase from our last poll with donald trump. as a matter of fact, it is a 16-point gain. he has gained considerably since our last poll. president obama loses a key vote for what may be his signature achievement in foreign policy.

new jersey senator robert men mendm -- menendez says he will join with other opponents on capitol hill and vote to override the president's veto. we'll cope you posted. a teen prep school student is retaking the stand this morning facing the upper classman she says raped her. she says owen labrie sexual assaulted her as part of the so-called senior salute, a contest to see who can wrack up the most points. labrie also says that for girls at st. paul's participating in senior salute is a, quote, source of pride. >> quite interesting and painful testimony to listen to in court. both sides going back and forth about these specific details in

the case. they're in trial right now in new hampshire. the alleged victim is set to give her second day of emotional testimony. and she's expected to get pressed by the prosecutors as well. just a few miles from the elite st. paul's high school, 19-year-old owen labrie sat in court listening as his former schoolmate sat in court giving tearful testimony accusing him of rape, saying, quote, i thought his intentions were really wrong, end quote. labrie contacted the then 15-year-old schoolmate last year with one intention. >> to solicit or entice her to meet with him with the plan he was going to have sex with her. >> labrie is pleading in to allegations that he raped her at the elite prep school where they were both students and denying that they had sex days before his graduation last year. >> this was not a consensual

act. >> the prosecutor revealing that a nurse observed an aberration on the accuser's genital area which she says are consistent with a sexual assault. the encounter occurred, both sides agree, as part of a decades-old tradition at st. paul's known as the senior salute, a competition as male seniors try to wrack up sexual encounters with younger female students. not all senior salutes were sexual. even reading messages in court that the accuser was a willing participant. only if it's our little secret, she wrote. he replied, not a soul need to know. st. paul's published a statement saying quote allegations of our culture areblematic of our school, our values or the people that represent our student body, alumni, faculty

and staff. >> this is a well-respected school. this case could tarnish their reputation. >> and the trial is ongoing right now. so the alleged victim is going to take the stand. will the defendant at some point take the stand? >> we'll wait and see. still to come in the "newsroom," jarred, the one-time face of subway sandwiches, now facing a feeding frenzy at an indianapolis courthouse. we'll have the latest on the child pornography investigation and the guilty plea that's said to be imminent. (woman) you want to eat...

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qualified. [ laughter ] and donald trump was like, weird, because the opposite is working for me. [ applause ]. oh but donald trump continues to dominate the polls. and as he does, questions grow, not only about his policies, but also about the reason for his meteoric rise. many believe trump has tapped into something in the american elector rate. here's what rival george pataki told cnn. >> there's so much attention being paid to one candidate. and the angry candidate, the one who is looking to divide is the one getting attention right now. >> trump is tapping into the angry voter. and what some might call a muscular way. he'ses a t s also the author of

white men." i'm going to show your book. because i don't know what's on the screen right now. here it is in the flesh. thank you so much you for being with me. i do want to get into this notion of the angry voter and the angry candidate. is donald trump the angry white man? >> i think he embodies a lot of classic angry white man characteristics, especially what i call aggrieved entitlement. trump taps into something else. he taps into that in a lot of people's hearts, that anger. but i think he also represents the classic alpha male bully. the thing about trump is he's who he is. he's completely authentic. he doesn't talk out of both sides of his mouth. he tells it like he sees it. he doesn't tell it like it is, but like he sees it. >> let's go back to the alpha male bully. that doesn't sound so attractive

to me. why are so many people at tracted to that quality in him? >> because he exposes the timid di a timidty and spinelessness of so many of the other can'candidate. he doesn't know what to say. they're all responding to him. he controls that narrative. that's what the alpha male does. that's what the bully does. he intimidated everybody around him. we live in a culture in which a lot of people think they are being completely oppressed by a regime of political correctness. and donald trump gives voice to that part that says, i'd really like to say stuff that's racist and sexist and homophobic, but i can't in polite society.

>> donald trump has said a lot of awful things about women. yet a recent poll showed that 60% of republican women like donald trump. why is that? >> i think there's two things. first of all, there is something about the alpha male that is attractive to large numbers of women. but the other thing is it's not just that he's going after women as a group. he's going after particular women, elite women. and a lot of women out there love to see elite women knocked down a peg. and i think they like that. they kind of enjoy that circus. >> i hate that sentiment when a certain type of woman wants to run down another type of women, i'm not sure i buy into that. >> but i think a lot of people enjoy the culture of the celebrity knockdown, the takedown. >> women who might stay at home, it's the old career woman versus

the woman who stays home with her children. >> or it's a woman who thinks she's better than everybody else. >> is there anything that donald trump could say that would dry away his sporte supporters? >> he hasn't said it yet. he's pushing the envelope, going right to the edge. a lot of people expect the wile e. coyote moment where he would run over the cliff but he hasn't gotten there yet. >> some people said he could skin a baby seal on the steps of the white house. the gop frontrunner joins chris cuomo tonight at 9:00 p.m. eastern. . checking some other top stories for you at 19 minutes after the hour, three people

unaccounted for after a motel six explodes. it's not clear if those missing were actually in the moment at the time of the blast, the blast causes by a gas leak that blew firefighters back 20 feet and severely burned a gas worker. a passenger plane that crashed sunday in indonesia was carrying nearly half a million dollars in cash meant for the poor. you see the bags there that held the cash. search teams recovers the bodies of all 54 people on board that plane on tuesday. in palmyra, syria, isis has executed ant ed antiquities exp. palmyra is a unesco world

heritage site. museums across the country have been left bare, their valuables whisked away to secret locations. . one of the most well known company spokesmen in america is expected to enter a guilty plea in a child pornography case. jared fogle is due in court. cnn's ryan young isu how is thi house this morning to tell us more. >> reporter: people are concerned about the charges he may face. in a news conference this afternoon we do believe we'll learn more from federal authorities about what they're going to charge fogle with. we do believe it's connected to a child pornography case. we were there outside the house during the raid. we know the fbi went through the

home and gathered several computers from it. we believe images have been pulled off computers from inside this home. we know that his childhood obesity director russell taylor was arrested on child pornography charges two months ago. he was charged with filming kids and sex acts inside his home. we believe investigators have been able to tie the two together. subway did release a tweet yesterday that said subway no longer has a relationship with jared and we have no further comment. >> we'll check back. ryan young reporting live for us this morning. . still to come, the world's top woman tennis player says she's proud to share the spotlight with other outstanding women athletes. >> i get chill bumps literally thinking about all the stuff

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the us open begins just 12 days from now in flushing made doug meadows, new york. if serena williams wins, she'll achieve the holy grail of tennis, a grand slam within a single calendar year. rachel nichols sat down with williams for an in depth interview ahead of the us open. >> you seem relaxed about it. how do you manage pressure? >> come to my practices, because

i'm not relaxed at all. i learned a lot about myself. i learned i have a tough mind. i just look forward to being at the open. i'm excited to be there. no one wants to be there more than me. >> you won wimbledon. the u.s. soccer team won the world cup. what effects do you think this summer of the american female athlete is going to have going forward? >> i think it's going to have a great effect. i get chill bumps literally thinking about all the stuff that women are doing in sports. we as women are on the rise. >> it's the age you're doing it at. you're doing at 33 what a lot of people are doing at 23. >> it just boils down to me being good at what i do. if you look at it this way, go

to a doctor and tell your doctor you're 33, he's like, oh, you're really young. and in the sport you're like oh you're vintage. >> your sister venus has been diagnosed with a condition that causes your immune system to attack itself. what has that been like going through with her her? >> it hasn't been easy. thinking about her and her battle really helps me and has helped me in my career. that helps me think i'm healthy and i'm doing well and i don't have any excuses to make. >> you've been taking some college classes as well. how has your sister and what she's been dealing with affected you? >> i'm majoring in premedical. so you know just looking at venus in the past few years and being able to find alternative

ways of being healthy and not having to take all these medicines and other stuff has been really important. >> holistic medicines? >> holistic medicines. >> most professional tennis players are not also premed students on the side. how are you managing all of this? >> i don't know. actually, i was a business major for a while. i just switched to premed. i like education and i don't like to sit still. >> you've also taken the time to be a major voice in the conversation on social issues. you recently tweeted about the unarmed black player christian taylor. what does it feel like for you to keep reading these stories? >> i think not just for me, but i think a lot of people in

america and outside of america are kind of frustrated and concerned. but i really think it boils down to people as a nation pulling together. and it's not just me. it's not just me speaking out. there's a lot of people speaking out. it's a whole nation that's coming together and we're just asking the same question, why. >> what do you think can happen if people like you in a public position do talk about these issues more? >> we're in a state now where we have opportunities in social media to express ourselves. who knows? maybe it won't help or maybe it will reach the right ears at the right time. >> rachel nichols joins me now. he she's taking premed courses? >> amazing. she mentioned she sits around in hotels a lot so she's taking some online courses. she and her sister have always taken some college level classes

of some sort or another on the side. when they focused on doing this, there's a lot of tut tuting of your focus isn't right. and then when they kept beating people they were like, our focus is sign, thank you. and her sister is dealing with this difficult condition. she wanted to take some medical classes so she can learn more about what's happening with her sister and her own body. >> it seems controversy follows these sisters. how do they deal with it? >> i think one thing is saying what you think. serena is very big on, hey, this is me, this is what i think. i think it's frankly earned her a lot of fans. and when she talks about being a role model for women, we talk about her being on the cover of a lot of magazines. when she was a kid, a person who looked like her was not on the

cover of a lot of magazines. she wants s ts t s ts to make girls who look like me and people who think like me, that's strong that's beautiful. >> thanks for bringing that to us. still to come, hillary clinton is still the front runner but negative opinions of her are on the rise. when you're not confident your company's data is secure, the possibility of a breach can quickly

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handed him a note written in english and he appeared very calm. what can you tell us? >> carol, breaking news this hour. we spoke to that motorbike taxi driver. but after that i've just spoken with the police spokesman here in bangkok. he tells me the police have identified two men they believe could have been the accomplices to the main bombing suspect. now, if we look at the footage, the main suspect is the man in the yellow t-shirt that came in with a backpack. he leaves it underneath that bench. in front of him are two men, one in a red shirt, one in a white shirt. police want to speak to both these men. they say they believe they are also acting suspiciously. they get up to stand in front of this man. the police spokesman has told me

in the last few minutes that perhaps they are doing that to block the view, to protect him while he plants the bomb. then they all seem to leave within minutes of one another. and then shortly after that the bomb goes off. we've also spoken to that motorbike taxi driver who believed he took the main suspect in the yellow t-shirt away from the scene. he handed him the note written in english. it said on it lumpini park in english. that is a main park in bangkok, much like central park in new york or hyde park in london. and that is where the man got off. in that journey he was speaking on his mobile phone in a language the motorbike taxi driver has told cnn he could not identify as thai or english. >> i'm curious, is it strange that this man handed the taxi driver a note written in english? >> absolutely.

and that is why, carol, it stuck into the motorbike taxi driver's head so much. and when he saw the footage all over the television screen, he recognized this man. now i live here. normally what you do is you hand over an address in thai. i've often had to go places and i've looked up the address in thai or asked people that speak thai. it does seem strange that this was written, lumpini park, just those two words written on paper. was that because the man wanted to conceal his voice? strangely enough, he did then speak on his cell phone in a language the taxi driver said was not thai or english. police want tourists and local people to come together as well to help them track these men down. they're using the model of the boston bombing.

you'll remember police then took video footage or photographs from social media and bhepeopleo handed them into police to try and get a real 360 perspective of events leading up to the attack and afterward to try and identify the men and see where they went and where they came from. >> thanks so much. let's get back to politics as hillary clinton moves ahead in her quest for the democratic presidential nomination. questions about her use of personal e-mail are following her on the campaign trail. >> my personal e-mails are my personal business, right? so that's all i can say. >> did you wipe the whole server? >> i have no idea. that's why we turned it over. >> you were the official in charge. did you wipe the server? >> what, like with a cloth or

something? >> i don't know. you know how it works digitally. >> i don't know how it works digitally at all. >> her tone changed when repeatedly pressed sparking a testy exchange with reporters. >> in order to be as cooperative as possible, we have turned over the server. they can do whatever they want to with the server to figure out what's there and what's not there. that's for the, you know, people investigating it to try to figure out. but we turned over everything that was work-related. every single thing. personal stuff, we did not. i had no obligation to do so and did not. thank you all. thank you all very much. >> this issue isn't going to go away for the remainder of your campaign. >> nobody talks to me about it other than you guys. >> clinton's response comes as a new cnn o.r.c. poll says that a

majority of americans feel it was wrong. 39% say she was not wrong to use personal e-mail. but that's down from 47%. 53% of americans now few her unfavorably. her most negative rating since 2001. let's talk about this with john avlon and cnn political commentator and democrat strategyi strategist. how did hillary clinton handle herself at that press conference? >> not well. that was an incredibly awkward press conference. clinton wants this to go away but they should understand it's not going to. trying to spin this is really a losing battle. clinton is no better than anybody in public's perception. and this doesn't pass the smell

test for most americans. yes, previous secretary of states have had personal e-mails. but they were not running for president. >> if you were hillary clinton's strategist, what advice would you give her? >> we should mention the other important news in that cnn poll which is not getting much attention, which is that hillary clinton still beats every single republican on the gop side for president. elections are about choices. so what hillary said at the news conference was that she -- this is all a mistake. but it's not illegal. there is a huge difference between having made a mistake and doing something illegal. there were no classified e-mails that were marked classified that she moved through. now, whether they get marked classified after the fact by the government is a different story,

not her fault, not her responsibility. and so we need to parse these facts here very carefully. and i think she's just tired of asking the same question over and over again from fox news, who are ginned up on this by republicans. that is clearly what keeps going on every time she meets the press pool. >> yeah, but she may be tired -- go ahead, john. >> yeah. this is not a partisan issue at this point. i think even democrats must feel exhausted and awkward having to spin on her behalf. this is not a partisan witch hunt. this is an objective problem from perception to legality and more information is going to come out. saying it's a witch hunt doesn't pass credibility. >> first of all, i didn't say it's a witch hunt. second of all, it's not spin. the facts are the facts. that's all we're saying and that's the only thing hiblt lla

clinton is saying. the justice department and the state department are going through the e-mails. they are what they are. she has sent over everything. she has complied with every request. and she's going to be in a congressional hearing october 22nd from congress. all i think she is saying is that voters really want to talk about other issues. they don't gijust want to hear u guys slamming me all the time. and i think she is right about that. i'll be right back. the signs are everywhere. the lincoln summer invitation is on. get exceptional offers on the mkz sedan... the luxury small utility mkc ...the iconic navigator. and get a first look at the entirely new 2016 mid-size utility lincoln mkx. have for $369 a month with zero due at signing.

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all right. this breaking news has to do with jared fogle, of course. he used to be the subway spokesperson. he isn't now. he's expected to plead guilty in an ongoing child porn investigation. jean casarez is sitting beside me right now. she's getting miked up. are you ready? >> i'm ready. >> tell us what's just in. >> this is much more than we thought it was. we had heard that this person -- this was the face of subway for so many years. you remember him. he had lost 245 pounds eating subway sandwiches. he was arrested in july on what we believed was possession of child porn. now we're learning from these documents here, and this is federal information. it's a charging document. and there are two counts, but i want to start with the second count, which is much more concerning in a sense. it's travel to engage in illicit

sexual conduct with a minor and what it's alleging is this man traveled to new york on two separate occasions soliciting sex with minors and allegedly, according to the information, engaging in sexual contact with minors. one was 13 years old. he said i will pay money to you if you can find me other minors to have sexual contact with. according to the information that happened at the plaza hotel and the ritz-carlton hotel in new york. so this is the second count of a two-count federal information. we believe he is going to plead guilty in federal court at any moment. to what we don't know. but the other count has do with possession because he has a foundation -- had a foundation based from his subway sandwich -- >> right. on his commercial success. >> that's right.

for childhood obesity. and the executive director of his foundation was actually charged earlier this year with production of videos of minors and possession of childhood pornography. and it also alleges in count i that he fully well new of what he was doing regarding child pornography, allowed it to happen, and even was sent it, had discussions about it, and even showed it to someone else. i don't see anything in these documents about monetary gain at all, but obviously -- >> how serious are these charges, jean? >> they're extremely serious. i mean you're looking at prison time. very, very serious. federal charges because he used the internet, went out of state from indiana where he lives to new york to allegedly engage in this conduct with these minors. >> incredible.

so he's in federal court as we speak? >> federal court. here's what's unusual. the charges were filed today. obviously there's been negotiations. there's not going to be a trial. we understand through sources he will be entering a plea, maybe doing that right now in federal court. so we'll see if he pleads guilty to the information itself or if there is a plea deal at all that allows him to maybe gain a bit. >> got you. i'm just hearing that the u.s. attorney will hold a news conference at around noon eastern time or 12:30 eastern time, carolyn? i'm talking to our producer. >> one more thing. this man is married with two young children of his own. >> unbelievable. so when that press conference happens, we'll carry it live on cnn. i'll be right back.

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after years of study and setbacks the fda has finally approved a drug to enhance sexual desire for women. unlike men which treats a physical condition, this new drugs works a lot differently. cnn's elizabeth cohen joins us ho explain. good morning. >> good morning, carol. carol, there's a reason why it took 15 years to come up with a sexual drug or drug to increase sexual desire for women and the reason as you said is it's different for women. women are much more complex, and what the makers of this drug did is they had to come up with a drug that worked on women's brains. and so what they did is they found a drug that worked on brain chemicals to increase libido. >> i thought we lost you for a second. so it works on your brain? there are side effects of this drug, too, aren't there? >> there are. and there's a pretty big group

of women, carol, who are not supposed to take this drug, and that is women who drink alcohol. and here's the reason why. you take this drug all the time. it's not like viagra where you take it only before sex. so when women are taking this all the time, they have found that if they drink, it increases the chances that they'll get low blood pressure or even fainting so makers of the drug says, look, you're not supposed to drink when you take this drug. so women have to take a choice. you drink alcohol or take flibanserin. it will be interesting to see what choice women take. >> yes, it will. elizabeth cohen, thanks so much. the next hour of "cnn newsroom" starts right now. -- captions by vitac -- www.vitac.com and we're following a top story right now. jared fakele will plead guilty

to child porn or worse. according to reports the quarterback was not happy with how the first day went. we'll talk about that. and good morning. i'm carol costello. thank you so much for joining me. we begin with that teenage prep school student retaking the stand to face the upper classman she says raped her. she says 19-year-old owen labrie sexually assaulted her as part of the so-called senior salute, a competition to see which upper classman can rack up the most female conquests. the defense claims the pair never actually had intercourse, but the prosecution says they can disprove that using labrie's own words. >> shortly after the assault, [ bleep ] messaged him asking him did you wear a condom. you'll ask -- you'll see his responses that he sends back. are you on the pill.

i think you're okay. we should be good. i put it on halfway through, referring to the condom. >> cnn's boris sanchez is following the trial. good morning, boris. >> reporter: good morning, carol. the details somewhat unsettling. several u.s. congressmen attended there as well as john kerry. again, another day of testimony in court. just a few miles from the elite st. paul's high school, 19-year-old owen labrie sat in court listening as his former schoolmate gave her tearful testimony accusing him of rape saying in court, quote, i thought his intentions were really wrong, end quote. the prosecution arguing tuesday when labrie contacted the 15-year-old schoolmate last year, he did so with one intention. >> to solicit, lure, or entice

her to meet with him, with a plan that he was going to have sex with her. >> larry: . >> reporter: labrie is pleading not guilty to having raped her, further denying that they had sex days before his graduation last year. >> this was not a consensual act. >> reporter: the prosecutor revealing that a nurse on served an abrasion on the accuser's genital area which she says, quote, is consistent with sexual assault. it's a tradition known as the senior salute, a competition described as male seniors trying to rack up sexual encounters with freshman students. it was argued not all senior salutes were sexual even reading in messages that the accuser only participated.

on tuesday st. paul's published a statement on the school's website saying, quote, allegations about our culture are not emblematic of our school, our values, our rules, or the people that rent our student body, alumni, faculty, and staff. the trial is under way right now and the victim is expected to take the stand for more emotional testimony. we're waiting to see if owen labrie takes the stand and testifies. >> thank you. next hour one of the most well known spokesman in country is expected to make a guilty plea. he's due in court after federal investigators raided his indiana home and hauled away computers and other electronic devices. cnn's jean casarez is here and this is bad. >> this is worse than we thought that it was allegedly, according to the federal information that

was filed today. let me tell you the charges, carol. first of all they're distribution and receipt and conspiracy to engage in sexual conduct with minors and, two, travel to engage in illicit contact with minors. let's start with count ii, because what the prosecutors are alleged here is that between 2007 and 2015 jared fogle solicited through the internet sexual services of minors, and then between 2010 and 2013, which i believe it would have been after the subway making him relatively famous for subway and losing all the weight, he travelled to new york to the plaza hotel according to the information initially, engaged in sexual contact with minor victim number 13 who was 17 years old for money, carol.

and then he said to her, do you know any other young women? i would prefer 16 and younger if possible that i could engage in sexual conduct with. he told her he would give her a finder's fee. according to the information he reported again to the hotel, again engaged in sexual contact with a minor and then repeatedly solicited other minors to engage in sexual activity with them also. it wasn't always new york. it was indiana also, which is his home state. >> these are serious charges. >> these are extremely serious. today he's supposed to be entering a plea deal. could be doig it right now. here's what's going to be interesting, carol. these are such serious charges that have allegedly victims involved, young people. what will he plead to? what will he be given for this not to go to trial?

will he be given a great gift and pleading to attempting to engage in sexual contact? you've got victims here? >> if he pleads glts to the most serious charges, he could go to prison snoon th prison. >> this is federal, so i think prison is going to be automatic here. this is very, very serious, but people may be outraged if he gets something far less than what he's charged with. >> okay. so let's go back in time a little bit because his best friend was running his foundation, which supposedly benefitted obese children and helped them overcome obesity, right? so this friend has already been convicted of child porn charges. >> at least he's been charged. his home was raided in april. he was charged a little bit later, and it was for production of child porn videos, which, according to this information, he told the children to just engage in their normal

activities, taking a shower, doing different things, and then he secretly reported them and then possession of it. according to this information, and this includes count i, that jared was a co-conspirator. he knew they were being produced, got them on his computer, showed them to someone else. remember, this is while they have that foundation you were talking about, the jared foundation that came off his success with subway to combat childhood obesity. >> it's just amazing. jean, i know the court proceedings have yet to take place. you're following this. i'll let you go so you can continue to do that. jean, thanks so much. in bangkok, police say a deadly bombing at a popular shrine likely had accomplices. a taxi driver tells cnn he thinks he gave the suspect a ride shortly after the blast. cnn's saima mohsin has been

doing excellent reporting in bangkok. she joins us now to tell us more. what can you tell us, saima? >> reporter: well, carol, the team here has been speaking to a lot of people throughout the day trying to piece together our own vision of what exactly happened. we're speaking to everyone in involved. you mentioned the taxi driver. let's talk about him first. this man was standing at his rank, who we now believe to be the main suspect in the yellow t-shirt approached him. he didn't talk to him, carol. he handed him a note that read limb peony park. it's a major park like central park in new york. he didn't say a word. handed him a note and got in. the taxi driver has told cnn this man in the yellow t-shirt started speaking on his phone in a foreign language. it's a language he could not

identify as thai or english. now, the picture is becoming even clearer. in the past hour, carol, i have spoken to the police spokesman here in bangkok the police are zeroing in on two men they believe to be his accomplices. one man wearing a red shirt, another in a white shirt, clearly seen in this cctv piece. now, these two men, you can clearly see them standing in front of this man as he's leaving his backpack. they believe he may have been helping him conceal himself when he was doing that. they also all leave around the same time. of course, right now these are just possibilities. but police want to speak to these men. they want to get more information from them. we've heard that they're even asking people -- them to come in for themselves and asking

people, carol, to provide mobile phone footage or photographs. tourists, international tourists being asked to help as well. can they piece together a 360 perspective of these men going in and coming out. who are they, where are they from. warrants soon as well. police are asking for those warrants. >> saima mohsin reporting live from bangkok. thank you so much. coming up, an explosion so powerful it flew firemen 20 feet into the air. that's after a motel blast. next. staying in rhythm...

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turning now to presidential politics, hillary clinton still

holding a commanding lead among democrats but some cracks may be starting to show. a new cnn-orc poll shows her numbers have dipped below 47%. it's dropped nine percentage points from just last month. bernie sanders has gained ten points and is narrowing the gap separating the two. and when asked about a president bernie sanders, 31% thought he would do a better job than hillary clinton would. 37% thought he would be worse than hillary clinton and a large percentage, 29% thought there would be no difference at all head to head. but look at the contest with donald trump showing that race tightening with them holding a six-point lead over the billionaire. one issue that could be holding clinton back, the scandal over

her use of personal e-mail while secretary of state. she went head to head with reporters in las vegas trying to brush aside allegations that she had wiped her server clean. >> you know, i have no idea. that's why we turned it over -- >> you were the official in charge. did you wipe the server? >> like with a cloth or something? >> no. >> okay. she was joking about it, right? so exactly how does that work digitally? we're joined by christina warren. she's the senior technology correspondent. thanks for joining me. i appreciate it. so i mean you had to laugh when hillary clinton said that. clearly she must know what wiping a server means. >> absolutely, absolutely. of course, she knows. it was a fun way to try to maybe obstruct from the question. >> deflect the question. >> absolutely. >> for those of us who don't know what wiping a server actually entails, tell us.

>> what actually happens is you're rewriting everything on the hard drive with 1s and 0s, little bits of information. you're rewriting everything on top of it so what was underneath it before can no longer be accessed. >> no longer ever accessed by anyone? >> that's the thing. there's a lot of activity that hans with data forensics. it's a really big business. the fbi is really good at it. they have her server now and they can actually recover a ton of stuff. even if you eesk rewritten the hard drive, it depends how it was store, across multiful drives or just one, they can recover a lot of things. >> we don't know if or when this happened, so could it have happened long ago, and could you just wipe certain information like personal e-mails from your silverer and leave the other

stuff. >> in theory if she had several databases she could have gotten rid of some of her personal e-mails and gave the rest. they could have said this was all the unclassified e-mails and we're going to wipe it clean. the fbi says we'll turn it over and if you can uncover anything, good luck. >> i just wish they'd be more transparent so we would exactly know. >> that's the biggest problem here. there's a lack of transparency. it's hard for regular people to understand how this works, but i feel like if they would be open and say this is how it would be secured, this is what we did, this is how we were protecting the data, then the people in the technical community could audit that and say, yes, this is appropriate, no, it's not appropriate, and we could have a conversation maybe about other things. the problem is right now we don't know so many other things. it's easy to draw conclusions

and go to the worst-case scenario. >> and in fairness any little thing you say as a politician can be twisted by the other side so easily even if it's a perfectly innocent statement, right? >> absolutely. and i think it's also pornimpor to point out even though she's been getting blowback from using a personal server, the white house server hasn't been the most secure either. so i really thing if anything was happening classified, that's the biggest thing they need to discuss above and beyond the fact that she was using her own server. >> thank you. christina warren from mashable. the gop front-runner joins chris cuomo for a frank discussion, how he's playing the game and writing his own rules. that's tonight at 9:00 eastern on cnn. up ahead, cheaters beware. they retrieved a list of users from a match-making site.

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the white house remains confident the iran nuclear deal will pass congress, even after another prominent democrat has come out against it. senator robert menendez says after poring over the agreement he's concluded it's based on wishful thinking and not sound policy. cnn's athena jones live in washington tells us more. good morning, athena. >> good morning, carol.

this is after influential new york senator chuck schumer announced his opposition a few days ago. i should mention schumer did it in an online blog post. senator menendez did it in front of a huge crowd at a hall. listen to what he had to say in that big speech. >> i have looked into my own self and it may once again lead me to an unpopular course, but if iran is to acquire a nuclear bomb, it will not have my name on it. >> it will not have my name on it. strong words from senator menendez. in his argument he wrote -- this is a lengthy speech several pages long. he echoed what schumer said. this is based on hope. hope that in 15 years when this deal's sun sets iran will not be a bad actor in the region, it won't be a state-sponsored

terrorist and it won't be. but hope is not plan here. as you mentioned the white house still thinks they can manage to hold together enough democrats to keep republicans from blocking this deal, a spokesman saying we remain confident that ultimately a majority of democrats in both the house and senate will support the deal. carol? >> we'll see. athena jones reporting live for us this morning. thank you. >> thanks. checking some other top stories for you at 27 minutes past, a passenger plane that crashed sunday in indonesia was carrying half a million dollars in cash, cash meant for the poor. you see the bags there. the postal service planned on giving the poor people. firefighters now searching the rubble in case the people were inside their rooms when the motel went up. it's not clear if those missing were actually in the motel at

the time of the blast, the blast believed to be caused by a gas leak. it blew firefighters back 20 feet and severely burned a gas worker. an ohio mother confessed to killing her three sons because her husband ignored her daughter. brittney pill kington admits to killing them. the new born buoy and the couple's daughter had just returned home from protective custody. and good morning. i'm carol costello. thank you so much for joining me. look across your street. see any clothes strewn across the lawn? more than 33 million unfaithful men and women are hoping their spouses remain in the dark when it comes to the dark web, this after hackers who targeted the infidelity dating site ashley madison spilled the beans releasing private information

from the site's customers. laurie segall is with me now. so how much information has been released so far, if any?bearer . 35 gigabytes when you download data. i was talking with a researcher. he said that's unprecedented. we're talking 36 million accounts leaked, and e-mails. you have street addresses and internal corporate data. so this is a pretty scary hack because they were able to not only get inside these servers but do a lot of damage and they certainly made good on their threat to put this out there, carol. >> where is this information? >> so it started out on the dark web which is kind of difficult to access. it's a deeper layer of the web. now what you're seeing, and this is the last couple of hours, people are taking this data and

making it easy to find on the open weapon. they enable you to put the e-mail of a cheater in and tell you if that person is in the database some of there's another person trying to create a geolocated map. so we're really begetting here. >> i was talking with christina warren from mashable who wants to know if there are any names on the list. >> it's a little tempting. there's like 15,000 government e-mails on there. we can't independently confirm that by any means. people could use a fake e-mail but i spoke to a security researcher who cross-referenced it and said a lot of it is really legitimate. >> really. i'm sure you're going through it yourself. >> yeah, yeah. this is true. i am looking through it for journal is tick purposes. when we talk about it, we talk about who could be the hackers. was this a sophisticated hack.

the guys behind this, they call themselves the impact team. this is their very first high-profile hack. i want to read this. they say find yourself in here, learn your lesson and make amends. embarrassing now but you're going get over it. they say they're doing it for moral reason sthoos they're the moral police? >> they're calling themselves hacktivists and they don't believe what ashley madison is doing is oklahoma. you have the folks from ashley madison saying believe what you want, it's a criminal act. >> is it a criminaling at and how do you find the people responsible? >> it's really difficult. they don't have any leads. when you look at the act of hacking, it is a criminal act but what you're seeing is a breed of hacktivists. remember the hackers who said we don't want you to release this

movie. if you do, we're going to put this out there. this is in the same tier. they're like we don't believe in what you're doing and if you don't stop, we're going to put all of this personal information out the out there. not only is it personal information. it's also a lot of internal company data. we're talking bank account information, employee information. it's going to be a big black eye. >> a big mess. thank you so much. still to come, oil at its lowest level in six years, but could it tumble lower and what does that mean for gas prices? before earning enough cash back from bank of america to buy a new gym bag. before earning 1% cash back everywhere, every time and 2% back at the grocery store. even before he got 3% back on gas. kenny used his bankamericard cash rewards credit card to join the wednesday night league. because he loves to play hoops. not jump through them.

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for you at 36 minutes past. former subway pitchman jared fogle will pay for child sex and porn charges. the government agreed to no less than 13 years. his lawyer said no less than 5. he'll have no supervision with minors and adhere to a pornography ban among others. the 82-year-old archaeologist was beheaded in the city's public square as militants looked on. it's a unesco heritage site full of monuments and temples. they're racing to save thousands of antiquities from isis. their values whisked away to secret locations. the fda has given a thumbs-up to the medication

dubbed the little pink pill. it will be sold as addyi, a-d-d-y-i, and used to treat the loss of sex drive by women. it should not be taken by patients who drink alcohol. rosie o'donnell says her daughter has been found safe and sound. the 17-year-old had ran away and been missing for several days. she tweeted chelsea o'donnell was home and expressed gratitude to police agencies for finding her. gas prices, ready to party like it's 1999. one expert says oil prices could dip to 15 buck as barrel which means that trips to the gas station could get a whole lot cheaper. >> you stole my line. was going to start singing prince. 1999. that was the last time we had dollar a gallon gas but $2 gas

is likely by the end of summer. here's why. they've been tumbling. they're down 55% over the past year. look at that chart. that chart tells you that oil prices have been tumbling. why. the u.s. is drilling, fracking, and pumping like crazy. opec is pumping like crazy. iran is about to put a whole bunch of legal oil back on the market we're using less of it than we're making. that means supply and demand, prices go down. look at today. $2.66 today. a year ago, that's savings for anybody driving. $2 is the prediction for this fall. and here is this bombshell prediction. he told cnn there's nothing to suggest we've bottomed. $15 to $20 a barrel.

>> who would have ever thought. >> you know in 1998 when i first started konk commodity markets, oil prices were $12 a barrel. so we've been here before. a long time ago. they go up, they go down. right now there's so much oil. >> remember the presidential race of 2008? gas prices were so high? >> yes. there were promises if you vote for me, i will make sure gas prices were $2.50. guess what. gas prices are below $2.50 and you didn't vote for any of those people. by the way, as a reminder, carol, they all make promises they can't deliver. presidents don't control gas prices. markets control gas prices. right now the markets are awash. >> christine romans. thank you. >> thanks. still to come, walmart may

be the number one retail sales in the united states but one says walmart is nothing but a headache. he's declared it a public nuisance. ♪ ♪ if you can't stand the heat, get off the test track. get the mercedes-benz you've been burning for at the summer event, going on now at your authorized mercedes-benz dealer. but hurry, offers end august 31st. share your summer moments in your mercedes-benz with us.

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walmart may be a bargain hunter's dream but the mayor of beech grove, indiana, calls the walmart store in his town something else. he calls it a hotbed of crime. in fact, mayor dennis buckley calls it a public nuisance because beech grove police have been called to the store over once a day over the last two years. a youtube video of a brawl inside the store that goes viral tells the story.

[ bleep ] [ bleep ]. >> intense, right? the mayor says as many as three police visits are made to this walmart store day. that's a lot for a town of 14,000 people. the walmart he said is draining his town's resources. the mayor joins me now. welcome, mr. mayor. >> good morning. >> tell me in your own words why you decided to declare walmart a public nuisance in your town. >> the latest incident where the gentleman was caught shoplifting and struggled with the off-duty sheriff's officer and then ended up shooting himself in the hand, that was the final straw for me. we had been working with walmart, and we had in the last five months we had made 486 responses to the property, so i thought it was time that walmart

be considered a public nuisance, so last week the police chief did his due diligence by sending them a letter in person advising them of such. >> is the walmart located in a high crime area? >> no. it's located actually right off of the interstate. behind it is a residential neighborhood. >> why do you think walmart attracts such criminal elements? >> i'm not really sure. i don't know if it's pricing. i don't know if it's the location off of the interstate. i'm not really sure. >> walmart did release this statement to us. it says walmart has worked closely with local law enforcement officials and directly responded to their requirement that an off-duty police officer be in the store

designed to help with police assistance. what do you make of this statement from walmart? >> the first part is accurate. the last part is not exactly accurate. they have hired off-duty police officers but they're not there all the time. the day that this incident happened there was an off-duty police officer until noon. i don't recall any other time a police officer was in the store. i'm asking them to place off-duty police officers in the store 24 hour as day, seven days a week at the entrances to where they can be seen when the public walks in the building. >> what would you say to those people who say, you know what? walmart provides a lot of jobs for your your community, it pays taxes that help your community, so why can't you provide police resources to protect the

customers of walmart? >> they do provide jobs for area residents, and i appreciate that, but from a taxing standpoint, that's not exactly accurate. when walmart located into beech grove they were placed into what they call tip district. that money is taxes generated by walmart is placed in that fund which is controlled by the redevelopment commission, and it's used for infrastructure improvement and new infrastructure. that money that they pay into the tip district does not come to the city of beech grove, so local businesses that are not in the tip district including the businesses on main street do not -- are footing the bill for police and fire and for the police to come down to walmart all the time. so that's not exactly accurate. and that's one of my arguments. >> that is one of your

arguments. so in your estimation does the presence of walmart in your town help or hurt your community? >> i think it's helped but they have an issue that i want them to deal with, and that is crime. we're going down there way too much and here soon we'll be writing tickets to walmart and the reason for the tickets is to offset their behavior. >> mayor dennis buckley. thanks so much for joining us. again, we've reached out to walmart to be on the program. they declined. they did send us this statement and i want to read it again, in fairness. it says walmart has worked closely with local law enforcement officials and responded directly to their request by hiring an off-duty officer to be in the story designed to implement assistance. still to come, deflategate.

deflategate settlement talks are going on right now. so where is tom brady. the kids are asleep. look what i got. oh my froot loops! [sniffs] let's do this? get up! get up! get up! get up! loop me! bring back the awesome yeah! yeah! yeah! with the great taste of kellogg's froot loops. follow your nose!

the deflategate saga continues this morning in federal court but without the two biggest names in the case, tom brady or roger goodell. tom berman told them there was no reason to show up because the two sides have made absolutely no progress. they say they want this resolved by september 4th. cnn's rachel nichols joins me now with what's happening today. >> they're in court today. the lawyers are maying their oral arguments. this has been going on for seven months, carol. we've now passed the seven-month mark. so there's nothing they're saying we haven't heard. what's interesting is that while tom brady and roger goodell

aren't in cord today, yesterday they met face-to-face and phalanxes, of course. i don't know if it was in bat caves or what. there's still no settlement. the judge has told everyone to try to continue to settle and they'll be back in court. >> there's a whole lot of rumors floating around out there. >> the talks have been going on all summer. even before roger goodell ruled on tom brady's appeal, the brady camp was saying, hey, we'll take some sort of punishment, maybe, as a middle ground for failure to cooperate, the whole destroying the cell phone or not being entirely forthcoming with the information. the nfl has said, no way, you

have to admit you deflatd footballs. maybe the brady camp has opened up to maybe a one-game suspension for failure to comply. but it's all theoretical. they've come down with the settlement hammer and said, no way, you have to admit you deflated footballs and they're back to square one and they're still talking, carolyn. >> i know, rachel. you'll have to follow it for several more months, i'm sure. rachel nichols, thanks so much. donald trump has tweeted let's say lots of different things but they were put to music. here's jeanne moos. >> reporter: if donald trump's tweets are a window to his soul, what could be better than soul tweeting. weighty thoughts and weighty words. ♪ i've never seen a thin person

drinking diet coke ♪ >> reporter: trump values his twitter to launch political attacks but in the past he's offered romantic advice. ♪ robert pattinson should not be taking back kristen stew art ♪ >> reporter: donald trump tweeted it's freezing and snowing in new york. we need global warming. but there's nothing more than what he tweeted about himself. ♪ my i.q. is one of the highest ♪ >> reporter: to say that it's something that a 12-year-old might say, gq has tweeted who tweeted it, donald trump or a

teen. world is spreading word is i got a tattoo. no way. lately he's trying to be more diplomatic. but even as he tries to be a kinder gentler trump, he -- he tweeted about heidi klum. she shrugged it off with heidi trump trs trump. the last time josh groban sang tweets they were from kanye west but the donald and the kanye, birds of a feather went tweeting. ♪ i love me >> reporter: jeanne moos, cnn, new york.

♪ hash tag, make america great, new york ♪ >> i'll have to go watch that again. breaking news involving one of the most famous pitch men who ate a lot of subway and lost a lot of weight right now pleading guilty to child porn charges. shocking new revelations about jared fogle. the best republican candidate against hillary clinton. the big surprise and that surprise rhymes with donald trump. and anonymous no more. if you're cheating with the help of ashley madison, the secret's out. aisle speak live with one of the moems famous divorce lawyers, a guy you might need. -- captions by vitac -- www.vitac.com hello, even. i'm john berman. kate bolduan is