alanced and unafraid. no online show tonight unfortunately greta goes "on the record" right now. don't forget 10:00 p.m. eastern on friday. that special unholy war the march with isis. you don't want to miss this. >> >> what's going on at the state department? you won't believe this. actually, after hearing about former secretary clinton using a private server and her own phone for quote convenience. you probably expected this one. here it is, hot off the presses a new state department inspector general report admitting the entire state department stinks at preserving emails. meanwhile the benghazi select committee is trying to get state department emails and have subpoenaed secretary clinton's email. chairman gowdy says there are huge gaps. susan brooks is a member of the benghazi select committee she joins us. good evening. >> good to be here, greta. >> tell me what would you ask or what will you ask secretary of state clinton when she comes before you. chairman gowdy told me the other night he is going to

ask her to come twice. what are you going to ask? >> we certainly need to know a lot more details about the email and about the private server. we need to ask details about how that serve iser was kept, how we know that there weren't compromises to that server. and while the secretary indicated certain there were not. we really believe that a third party. an independent arbiter needs to take a look at that server, that we need to know that that server was not compromised. and we need to know how she made those distinctions between her personal and her private emails and whether or not any were destroyed. >> are you going to keep it a narrow scope for the benghazi select committee, sort of the scope the charter of your committee or are you sort of opening the door? because i mean we haven't heard from any other committees like the senate foreign relations committee hasn't spoken up asking about it or any other committee. are you going to narrow this? >> absolutely. the select committee on benghazi's charter from the house has to do with libya and benghazi. and that will be our focus. that's not to say that other

committees of the house or of the senate may not call the secretary to answer the same questions or to answer questions about how and why she chose to do official business on a private email and private servers. i think this is very problematic. and there are many questions that remain. she answered some questions yesterday but certainly i think left a lot more questions unanswered that's why i think it's so important to turn over the server of her own free will. the american people deserve those answers. >> as a practical matter can you compel her? you have issued a subpoena and it -- the subpoena goes from the committee to the full house. the full house let's assume that it votes for the subpoena. it then shoots over to the department of justice and right now it would be to attorney general eric holder. he is not likely to walk it across the street to u.s. district court and seek enforcement of it. isn't a lot of this sort of you are using a lot of persuasion but you don't have any teeth? >> well you make a very

good point. this is very different than my days as u.s. attorney. but we certainly believe that that shouldn't be necessary greta. that she should want to offer up her server, should want an independent body to resolve these issues. so yes, we have subpoenaed her communications but i think all options are on the table right now. it's unclear exactly where this will go. >> but what option? >> as to whether or not. >> she is sort of in the driver's seat in this because you don't have any authority with the subpoena and the only thing is whether or not i assume if she is going to run president she will make a political decision whether this has any bearing on it the people who love her will still love her and the people who hate her will still hate her. the question of whether or not any sort of noise about this would impact the undecides. right? >> well i think what we need to say is that obviously we need to get to the truth. that's what we are trying to get to. and because she chose to conduct, and this is of her own choosing. she chose to conduct state department business on a

private email account. and so i think it's incumbent upon her and we would urge her to turn over her server so that we can do this examination. but i do believe that all options are on the table for the house. this is highly unusual that we find ourselves in this situation. so i do believe when we get back to washington next week we will be talking about what all of our options might be. but i would urge her not to require us to go down that path. that if she were to turn her server over to an independent body, to allow them to examine this not only for how she made the distinction between private and personal emails the business emails but we also need to ensure that that server was not compromised. that state department business was not compromised. >> all right. we only have 15 seconds left. flow out a name of who you would be satisfied to be that independent arbiter. got any names? >> i think obviously retired federal judges. certainly come to mind first have tremendous respect for judiciary.

inspector generals. i certainly believe that agreements could be made as to who that should be. but i don't think in a position to throw out a name. we certainly as a country have come together on really tough issues in a bipartisan way. i think we can do that if we find and can find that third party arbiter. i would encourage her to turn that over to whoever we can agree to. >> congresswoman, thank you very much for joining us. >> thank you. and associated press filing a lawsuit against the state department. now, the a.p. is suing the force of release of emails and documents from hillary clinton's tenure from secretary of state. this after a new report giving the state department a flunking grade for its response to freedom of information act requests. >> all this stuff is out there. >> this is really about disclosure to the public and to the news media outside organizations that make those requests. >> there is a difference between being cooperative and being truthful. >> they have performed abysmally in many respects. >> the state department talked to us all we wanted to talk to them. they just never got around

to telling us the truth. >> and joining us associated press lawyer jay ward. brown, nice to see you jane. i should say you represent a lot of organizations for a lot of cases including the fox news channel. >> i do. >> in this case you represent the associated press. this is not a lawsuit arising out of yesterday's press conference. this goes way back. >> five years back. >> okay. explain. >> the lawsuit is over six foia requests. >> foia, freedom of information act requests which allows tus get documents from the government. >> the point of the foia is to open window on the operations of government why and how and what decisions are being made. in fact, one of president obama's first actions on his first day in office was to state his administration's policy about foia. and he said that there should be a presumption of openness, that when, in doubt, the government should disclose. for five years, at least with respect to one of its requests the a.p. has been waiting for the state department to disclose. >> what is the state's department excuse?

five years is so unbelievable. >> the state department is slow at responding to foia qu s not just a.p. but citizen requests. >> five years. >> five years one of the requests. others go back two years. the state department says it receives 19,000 foia requests a year. that is a lot to process five years is too long for the citizens of the united states to wait for information how their government functions. >> let's set aside the two year request. let's go back to the five year. what was the a.p. asking for? >> the requests fall into several categories. the oldest of them deal with a government contractor called bae systems. which was accused of violating federal technology transfer export laws. and the a.p. journalist's request on that subject focused on the state department's role, mrs. clinton's potential role and other state department official's role in settling those charges. >> well five years, search probably dead and buried by

this point. to me, it's like, you know what are they saying that they are just too busy? they are talking about all the requests? that's their best excuse? that's their best card? >> in five years they have been able to produce three documents related to that. while they claim that searching of other records' locations at the state department are still ongoing that information would have been much more useful to voters five years ago. it would still be useful today. that's why the a.p. is prepared to go to court to get it. >> so you go to court and go before a federal judge on this. are all these foia requests packaged together in one lawsuit. >> we put them together in one lawsuit. that's exactly right. >> and the judge, so you asked the judge to order state department to do what the law says they are required to, right? >> exactly. >> little bit insane? >> it is unfortunate that it get to this point. again because foia is intended to make it easy for citizens to get this information. and the a.p., like any other news organization including your own scandal as a proxy for the citizens here. >> the state department

won't comply with the law. you have to go to court to tell the judge just to comply with the law. meanwhile you have business who might have business disputes who would like to be in court getting their business disputes but they have to get in line with all the other lawsuits. you inevitably become part of the clogged system. >> that's absolutely right. it happens to the foia lawsuits gives priority to foia lawsuits gives federal judges to resolve them more promptly. it getting government information into the hands of the public. >> what judge did you get? >> judge leon. >> we will be watching thank you. >> you are welcome. what does president obama know about secretary clinton's private emails. today reporters grilling white house press secretary josh earnst. >> did the white house know that hillary clinton was deleting 30,000 emails she sent to secretary of state? >> john, can i tell you that i was not aware of the personal email habits of the secretary. >> the president, hillary clinton, when she says that all 30,000 of those emails were personal none

work-related? >> there has not been any evidence that's been produced to raise any doubts. >> to it the satisfaction of the white house, this matter is closed? >> ultimately i think it will be up to all of you to make your own determinations about how secretary clinton has resolved this matter. >> fox chief white house correspondent ed henry joins us. ed, it looks a little uncomfortable over there at the white house. >> josh is playing a little defense. first of all it started out how is this going to effect the possible presidency of hillary clinton. first of all she was a former secretary of state. last g.s.t. promised great transparency from day one of the administration. who did a.p. sue today it wasn't the clinton campaign they sued president obama's state department. these questions are being asked. what did he know? when did he did know it. the cbs interview over-the-weekend i learned about it from the news josh

earnst had to say well actually he did email with secretary clinton on her personal email so he did know that and didn't learn from news. what he learned from the news is that she had this private server. look, the broader point here you held up this inspector general report it's pretty devastating. it says in the year 2011. and this is from the internal watchdog at the state department, 2011, state department employees wrote 1 billion emails. only 61,000 were captured for the public record. >> out of a billion. >> out of a billion. >> you mean to tell me there is not more official business in there? forget about journalists now at the a.p. or fox news. >> here is my favorite part of this report. it says a 2009 upgrade in the department of state system facilitated the preservation of emails as official records. however, department of state employees have not received adequate training or guidance on the responsibility for using those systems to it preserve record emails since 2009? >> right. and remember who was secretary of state in 2009 and 2011 when billion emails

not by secretary clinton but she was the secretary. all those employees writing those. that is going to make trey gowdy and other committee chairman up on capitol hill saying wait a second, was there gaps as he says for employees? i am not just talking about benghazi but on how she handled the russian reset. all kinds of issues that will be very important as she puts this resume out there for a potential presidential campaign. that's why, look what we need to do is not focus on a quote unquote scandal as some people have. let's get the facts. the fact is she haven't gotten a lot of facts so far until yesterday secretary clinton hadn't told her side of the story. >> ed, good to see you. >> good to see. >> you especially on the set. more bad news for the state department and department's inspector general reporting that many state department employees are not preserving emails for the public record that could mean a lot of government information is being lost. the i.g. report finding in 2011 when hillary clinton was secretary of state state department workers wrote 1 billion emails as ed just said and only about 60,000 were marked for public record. joining us political panel

a.b.c. political director rick klein and the hill's a.b. stoddard. a.b., this report doesn't sound good. >> they obviously didn't care. i mean secretary clinton was at the top of -- in charge. she wasn't doing it. she wasn't preserving, incapturing and the employees there got to do whatever they wanted to do. it was obviously not something that was drilled into the employees there by their supervisors. it wasn't taken seriously. if it was, people would have done it. i have always known that i wasn't going to email with my obgyn about my 221st week of pregnancy in work email. these people were asked to do a certain thing which was to keep their business on government email and make sure that they did it to preserve it. and they obviously didn't pay attention to that rule. >> it wasn't taken seriously. >> who is running the insane asylum. when you read that all -- you know, it goes so much

deeper than the private servers that all that information at the state department, not preserved and they knew they had upgrade in the system in 2008. why did we pay for that? >> glaring flaw in the honor system set up at state and at other agencies and that is if you violate it and you don't do what you are supposed to do there is no way to know after the fact, those emails are gone whether on private server or private account. the fact is and as secretary clinton leaned on it pretty heavily yesterday, policy has relied on individual federal employees to self-report. to self-select their own emails and send it to the private server to the public domain if it is a private email that impacts public business. but, if you never do that there is no way to know after the fact. secretary clinton's case 30,000 emails or so by their count not sent. >> if they were being monitored, their superiors would know that they weren't conducting work on work emails which would eventually be captured by the.gov system. >> for the life of me, i

don't understand doesn't anybody have a conscience? doesn't anybody give a damn? >> i think a lot of it is care care alsoness and lacks enforcement. most people are just going to email from whatever device and not think about it. >> i didn't believe that people do business emails on their personal email. >> actually i don't want to go there. doesn't their computer just seize them? i mean, every email i have seen here at fox news goes fox news spear some place. >> that would be a sensible system, yes. >> they don't have that? i can't even delete emails they are going some place. >> no, the understanding is it needs to be done on the.gov system then it is captured and preserved. >> i see. >> i got it, yeah. >> everyone is on their private email. >> anyway, panel, stay with us. 11 members of our military are presumed dead after a

helicopter crash off the florida coast. right now search and rescue mission is underway. fox news correspondent jonathan serrie joins us live from the florida panhandle. jonathan? >> >> hi, greta. the weather is not cooperating as you can see behind me. another dense fog is rolling in here. that's really hampering the search and rescue efforts. slowing them down. earlier today, weather conditions improved slightly, just long enough to allow helicopters to join small boats in searching a six mile wide area of santa rosa sound where the helicopter is believed to have gone down. overnight coast guard boats discovered a small debris trail egg gland air force base officials say debris from the aircraft has been recovered from the sound as well as some human remains. nevertheless, officials are still calling this a search and rescue operation, 11 people were on board the black hawk helicopter, including a national guard air crew from hammond, louisiana part of a unit that it conducted hurricane katrina to the gulf oil

spill as well as deployments to the middle east. they were transporting seven marines from camp lejeune all of them members of a special operation's team who had seen combat in iraq and afghanistan those marines were conducting a routine drill, air lifting personnel on and off of small boats when their helicopter went down. the military is withholding the names of the soldiers and the marines on board until their next of kin are are notified cause of the accident still unclear. this search and rescue operation will continue into the night despite the bad weather. greta? >> jonathan, awful. terrible story. thank you jonathan. >> senator tom cotton the organizer of the g.o.p. letter to iran getting into a twitter war. the former secretary of state hillary clinton: big trouble for al sharpton. suspicious? not my word but investigator's words. suspicious fires destroying his financial records whenever he runs for office. "on the record" investigates

coming up. let's pin 'em to the wall. kick 'em around. kick 'em around, see what happens. because we're in the how-do-i-get-this-startup- off-the-ground business. the taking-your-business- global-business. we're in the problem-solving business. 400,000 people - ready to help you solve problems while they're still called opportunities. from figuring it out to getting it done we're here to help.

today secretary of state john kerry hammering the 47 senators for writing letters in the ongoing nuclear talks. >> my reaction to the letter was utter disbelief. >> attempting to sandbag the president of the united states in the midst of negotiations is not just unprecedented but inappropriate. >> the only thing unprecedentside an american president negotiating a nuclear weapons deal with the world's leading state sponsor of terrorism without seeking congressional approval. >> to write to the leaders in the middle of a negotiation. >> senator mccain said it was maybe not the most effective thing that they could do. >> i think the that iranians

should know that that the congress of the united states has to play a role. >> they're going to give a constitutional lesson which, by the way was absolutely incorrect. it's quite stunning. that letter was senator tom cotton's idea signed by 47 republican senators. the letter has been criticized by president obama. secretary of state john kerry and secretary of state hillary clinton and she took it one step further today. to twitter. secretary clinton tweeting g.o.p. letter to iranian clerks undermines american leadership. no one considering rung for commander and chief should be signing on. and senator cotton firing back, no, hillary clinton letter to iran helps protect u.s.a. from bad deal. no commander and chief should allow world's worst regimes to get world's worst weapon. and senator cotton joins us. >> that was interesting twitter spat. >> the simple fact of the matter is the deal the president has proposed and we know two terms of it are unacceptable for the u.s. and the world. he would accept a 10 year sun set on a deal he would allow iran to have a vast uranium enrichment

capability which is a critical component of a nuclear weapon. the u.s. is focused on stopping iran from getting a nuclear bomb not just today and tomorrow but 10 and 15 years from now. >> i want to go back to the twit from her secretary of state hillary clinton. anyone thinking of running g.o.p. candidate in 2016 shouldn't be signing on to. this what do you say to that? >> i'm surprised that secretary clinton who herself senator not standing up for constitutional powers of the congress. i'm sure when she was in the senate she felt differently. the founders created our constitution with spralings of powers to make sure that no president whoever he or she may be combine the united states to an international agreement without congressional approval. now, i think it's important for the american people to know that secretary clinton supports barack obama's approach to these negotiations and supports the terms of the deal that would allow iran to get a nuclear weapon. >> is the deal with iran, assuming that there is one. we haven't seen it is that a treaty? whether it's a treaty or congressional executive agreement. >> what is a treaty? >> there is both the treaty

and congressional executive agreement. treaty requires two thirds. executive agreement can be a majority vote of both houses that can be debated. that's not the point we are discussing. barack obama proposes to do something called executive agreement, which is the third kind of international agreement. and executive agreement is not binding on a future congress or president or the country makes a difference to me. >> i'm curious you are harvard law professor. what would you say? if you were teaching a harvard law class. >> it's a major nuclear agreement not with a friendly nation but state sponsor of terrorism. i would like to see a 667 bill threshold. certainly a majority vote. at least a majority vote. barack obama is proposing to have no vote at all. president obama himself has rescinded previous executive agreements such as the agreement that george bush and ariel sharon reached in 2004 because it didn't have -- because it didn't have binding congressional

prool. >> why do you have to do it this way and become pen pals essential with iran began leadership you? could have put it the "new york times" or "the washington post" letter and they would have read it but you know here it does look like you are end running the president. the president is end running the senate by saying is he not going to get your approval. why are you doing that? >> we made an open letter as lindsey graham said not only the iranian leadership but the entire world knows where we stand. and if you talk to most. >> who does it address. >> open letter to the leaders of the islamic republic of iran. >> it's to them. >> yes. >> if you put the same thing in the "new york times" and had 47 senators say the president doesn't have the authority to do this or just a piece of paper, as soon as he leaves we can tear it up and move on. if you done that you would have the same effect. you wouldn't have bypassing the president and having that symbolic gesture of going directly to iran. >> two things, first, if you talk to most iran experts they will tell that you iran senior leadership doesn't understand our constitutional system of government. >> they could have read it in the "new york times" or

the "the washington post" we wanted to make crystal clear they heard that. >> i'm not kidding. i was in north korea. the north koreans were reading things about fox news in the "new york times" that they confronted me about. they are all watching us. >> we wanted to make sure it was crystal clear they heard it because i also worry that they're not hearing that at the negotiations in geneva or -- their foreign minister is not communicating it back to the senior leader in iran. if you look at the response to our letter it goes to show that we need to send the letter in the first place. goes to show he doesn't understand america's constitutional separation of powers while president negotiates it's the congress that approves agreements. >> you have regrets. >> no regrets at all. iran has to understand that the congress will protect the american people from a bad deal as they have been doing for 200 years and as our founding fathers envisioned. >> senator, nice to see you sir, thank you. >> nice to see you, greta. >> straight ahead is secretary clinton trying to send a message sage to 2016

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stoddard. rick, the fight begins on twitter. >> i said last night that she was breaking a seal by having the press conference. enough to she is breaking a tweet seal by engaging in 2016 discussion. i think it's a pretty -- moment as can be on twitter. she said yesterday they were wrong to do it. to go that step further today suggests she is ready tone gauge and looking to mix it up a bit with the 2016, the three senators presumed to be running in addition to governor perry and governor jindal. they all put their name on this letter and she is saying let's hold this back. that i think is big move. >> drawing a line in the sand it's shrewd while we are talking about it but it also gets the attention back on the letter away from the email a little bit. >> amazing. yesterday a different story. she starts her press conference about -- she is at the she says the letter is a mistake. another thing as rick points out for a woman who rarely ever tweets for her to

change the subject of the emails and to get in comparing back and forth on campaign stuff as if she is a contender and she hasn't come out and announced she is candidate. the republicans shouldn't take the bait they should keep talking about her server. i don't know what they are talking about the letter. >> everything points in the other direction. i'm not convince she'd is going to run. assuming she is. >> on record. i think to myself why would she want to. this is like, you know, better ways. >> when you look at that press conference, there are a lot of things i would rather be doing. assuming that she is on track to run, what's the next -- what's her plan, rick? >> i this i we are looking at the next couple of weeks. april is the target date that people have talked about around her circle as making the next steps pushed the outside people to the inside to say we have got to get this going, guys. we canned handle everything like this. pushed the time frame up to the early part of the window i would suspect we would see a the lot more the water until then.

tweets are an easy way to get people talking about her as a 2016er. change the subject a little bit and then look at april. >> let me reverse myself a little bit. the one thing that i thought might push her into running is i bet after yesterday the way this crazy business of politics works, i bet that so much money rolled in to that ready for hillary because that's the way it is. that when you think your candidate is being attacked or something, the money starts rolling. in i bet she got a ton of money last night into that they did not her. >> the interesting thing is she doesn't really want to get. in she was being encouraged because there wasn't another candidate for a primary out there and her supporters and her donors want her to get in there more than she did. now she is being forced because the democrats around her like senator feinstein saying you need to start talking about the emails. what they mean is you need to get out there. that's a win for republicans. republicans want her out there as a candidate and they want to start attacking her. finance not what she wanted to do. >> he will with, never dull. intoday. panel, thank you. >> thanks, greta. straight ahead.

explosive news from iraq as iran, not the united states, but iran teams up with iraqi soldiers to retake tikrit from isis. iraqi ambassador to the united states is right here next. also ahead, al sharpton's new problem. new report suspicious fire destroyed financial records twice and both times sharpton was running for office. "on the record" investigates coming up. heve. when frustration and paperwork decrease. when grandparents get to live at home instead of in a home. so let's do it. let's simplify healthcare. let's close the gap between people and care.

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isis being pummeled by explosions and heavy gunfire. pushing into tikrit. one of the largest cities held by isis. for the first time the battle moving into the streets of this key iraqi city. fox news correspondent conor powell is live in jerusalem with more. conor. >> yeah greta. just a few months ago isis lacked unstoppable seizing property in iraq and syria. they are losing ground and some cases fleeing in iraq. large parts of the city tikrit is now in iraqi

backed sohio militias. how much is under their control is not clear yet. there is reports northern part of tikrit is under pro-government forces control. this is really a significant turn of events. they are the troops are reportedly even starting to advance toward the city center. tikrit, of course, is one of the largest cities held by isis. this is by far the largest anti-injure jent -- anti-insurgent carried out by. this is defeat for isis if it does hold. question whether or not iraqi forces can take and hold the city of tikrit. the u.s. is not part of this operation because it is simply being led by iranian generals. now the u.s. though does want to see effort succeed because any operations that take mosul later this summer will be made much easier if tikrit is in the hands of pro-government, pro-iraqi forces. but because it's being led by iranian generals. the u.s. is sort of on the sidelines.

now, greta, there is a real concern though that if iraqi troops do defeat isis in tikrit. that the sectarian violence fueled the insurgency that it won't disappear. there are already reports that some of these shia militias are taken revenge out on sunnies in tikrit and other places out there. that's the really big concern is that the sectarian violence will just continue, maybe it won't be part of the isis iraqi battle sunnies vs. shia. iraqi iraq will still be destabilized going forward. >> as we watch the retaking of tikrit. the key question how close are iran and iraqi getting what about the united states. ambassador to the u.s. is here. nice to he sue, ambassador. >> thank you for having me. >> assume tikrit is going to take back tikrit and also mosul and things move on favorably in the direction of the iraqi. this is being run by iranian generals, what's the place of the united states down the road?

we have invested a lot in iraq. are we being out of this. >> game changer whether air or training initial provision. and let me just say that we have three iraqi divisions with less than 100 iranian advisors. less than 100. so it's not led by iraqi generals. three divisions. thousands, 2,000 iraqi tribal men supporting us from tikrit providence. so this is purely iraqis led by iraqis. we are not denying that but we need them. see awkward right now as we watch from far away. u.s. maybe negotiating some deal with iran over nuclear weapons program can you understand the heightened concern. >> we do. the iraqis have always worked on the unity of the country. iranians have worked on that

as well. and americans. we can see a lot of commonality in relation to the -- of the country. that's the key issue now. >> about a year ago, about 1,000 shiite were massacred in that region. >> 1700. >> 1700? >> 1700 young wons. >> there might be some revenge by the shiite militia as they move in deeper into tikrit. do you have any information on this. >> as far as we see we have zero tolerance for the -- from the government to all avenue involved in it there hasn't been massive human right abuses or anything. the place where that incident has taken place, we already have taken that control. the locality have supported us. people are fed up with isis. >> if isis gets pushed back, let's say that it takes tikrit mosul and eventually isis gets pushed back in syria, what happens in syria? >> syria is a big question at this moment unfortunately

we don't see the end of the tunnel. that's a problem for the region. >> you have got all those syrian refugees. you have a huge refugee problem. >> we have refugee problems 2 million. just over 300,000 syrian refugees. in jordan and everywhere else. syria is a tinderbox. it needs to be sorted out. >> so what do you think is going to happen? >> i think there has to be more than just fueling the fire weapons. it has to be more political dialogue. there has to be a regional dialogue for syria as well. there has to be certainly political change inside syria. but, it has to be taken into account that the whole complexity of syria. it's not just wanting -- it won't work. a true dialogue. >> are we doing what we need to do to help you? >> there is more to be done. >> like? >> actually further training required, air strikes and

others. we have a joint command and control with the united states in central baghdad and in the north. it's working. we are getting a lot of training. we need more -- because i think the challenge is bigger. >> ambassador, always nice to see you. thank you for coming. i hope you come back soon. >> my pleasure. >> straight ahead, reverend al sharpton has new problems tonight and involves a new report that suspicious fires destroyed sharpton's financial records twice. get, this both times sharpton was running for office including for president. the latest is next. se food. it's only required to contain 51% real cheese. with sargento 100% real, natural cheese slices, a patty melt becomes more than just a patty. ham unites with its better half. and a club sandwich becomes part of a club you definitely want to be in. real cheese people would never eat a slice wrapped in plastic when they can have a slice of 100% real. natural cheese slices from sargento. we're real cheese people.

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underway in washington state. the is suspect is caught on camera running off with 22 month old boy. he had just kidnapped the boy from a stroller. also caught on camera the kidnapped child's young brother and sister chasing the kidnapper. the sister running down the street screaming and the brother following close behind with the stroller. the suspect leaving the

child in an empty lot and taking off. now the young siblings are being hailed heroes as they are for saving their little brother. >> weren't you afraid of being chased after by a bad guy. >> no. >> i was chasing him because so i can get him back. >> get your brother back? >> for my cousin's birthday party. >> the kidnapping happened after baby did it sitter left the three children alone in the park. police are hoping the surveillance videoed will lead to the kidnapper arrest before he strikes again. and reverend al sharpton has more troubles reporting suspicious yet suspicious fires destroyed sharpton's financial records twice and both times sharpton was running for office and failed to comply with tax and campaign filing requirements. the national review's julian joins us. what happened? >> yeah. so there were two fires. one happened in 1997 when al shacht was running for mayor. the over happened in 2003 when he was running for the u.s. presidency.

i think what the first fire it was treated basically from the beginning as an arson/explosion case, burnt a lot of records, supposedly, but the second fire was generally, you know thought to be potentially like an accidental electrical fire. but when we reviewed the information, there is lots of reason to question that. i mean because the witness and some of the facts about how large the fire was there are just several inconsistencies in the report that make it look you know a little bit suspicious. >> so it's suspicious but we don't have any information to tie al sharpton to being responsible for them, right? just that these are suspicious fires. could be set by an enemy, could be set by anybody right? >> well, there have been a lot of speculation that al sharpton maybe involved in two credible sources that are telling me that there was a guy named j.d. livingston. used to work for sharpton. my two sources say he was paying him under the table, basically. and i confirm immigration and custom enforcement that this employee was here in the united states illegally at one point. now, this is the first guy who was on the scene when the fire happened.

shows up to talk to fire investigators with sharpton's lawyer present. there is also inconsistency because i was saying i was right in the when the fire happened. the fire department responds quickly. by that point it had grown to incredibly large blaze. i'm hearing that's inconsistent with how fires behave. his story definitely has holes in it. >> let me ask you about another. he owes had to $5 million in taxes and business wise and personal. i wonder if there is any sort of update in whether or not he is on any payment plan and the reason why it's certainly gotten in my crawl a little bit about this besides the fact that other taxpayers pay their taxes is he recently was down in selma with president obama and right behind the president. i don't know why the secret service let's him right behind the president when he has this mess on his hands. >> there was a tax settlement reached, but i think what is potentially problematic is that that tax settlement is not public. we don't know whether he got a discount deal. it comes into play with the fire story because you know

he fire. my financial records were burnt. this has prevented me from filing taxes. it's prevented me from filing basic campaign paperwork. yet, we don't know whether -- you know those financial records were ever submitted. he says they were recreated we don't have a way to verify that. >> he we don't know if he has a payment plan or if he he got a discount. i will tell you if he didn't get a discount he has a lousy lawyer because when you go to the irs everybody gets a discount. i'm not going to hit sharpton for getting a discount unless he got a really good discount. i just want him on a payment plan. i wonder if he is getting on the straight and narrow with what he owes the american taxpayers. >> i mean if you look at his tax bill in the past year it's actually grown, which is kind of surprising, i think, for many people that have been hoping that he would pay his taxes. >> we stand by waiting are because he certainly gets to go in and out off the white house and he has got some you know tax issues, he owes the rest of us some money. maybe is he paying it. we will find out sometime which is not tonight. thank you, jillian. >> thank you. >> coming up, i can't help

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it's easy. even she could do it. whatever, janet. for all the confidence you need td ameritrade. you got this. get ready to speed read the news. ferguson, missouri police chief jackson is stepping down. resignation comes just after a scathing justice department report finding widespread racial bias in that police department. chief jackson has come under fire for his hand ling of the michael brown shooting and weeks of violent protests. and a brazen jewelry heist in france. more than a dozen gunmen attacking two vans carrying millions of dollars worth of jewels. it happened along a highway. police found the empty vans burned and abandoned in the forest. the gun men got away the with loot. a gator goes golfing: estimates the gator to be 122013 feet long. they insist the picture in

the photo shopped. alligators are frequent visitors to the golf course because it's surrounded by swarp land. let's all go off-the-record for a minute. you, the taxpayer almost bought something like that. who is the sculpture? sean skully, how much? 1 million bucks. do you have that kind of extra cash? i think not. in fact, back in the december 2013 when the state department awarded skully the 1-million-dollar contract to decorate the u.s. embassy in london with a sculpture. i raised hell right here. we don't have that kind of money. i said it was unconscionable. >> the state department has extra cash lying around how about spending on necessities like security at the embassies? does the word benghazi ring a bell? or how about just not spending the money. our government needs money. we're in debt. >> apparently my watching your money was not well received by the artist. what did he do? some name calling. calling fox news and i guess he means me quote: right wing lying bigots like the

national front. which is incidentally a racist group. name-calling? well, i guess is he a tad bit test ysm the state department is now ditching this 1-million-dollar sculpture but not because of the huge price tag but because it's too heavy for the ininstallation site. atlas there is bad news. he will do another piece of art for the london embassy, my thought, how about a refund? i'm all for art and i want our american buildings it look really nice but a million dollars is way out of line, especially for taxpayers who will never even see this sculpture. by the way, i would like to know who authorized this? it's about time we get names. that's my off-the-record comment tonight. thank you for being with us. see you again tomorrow night at 7:00 p.m. eastern. if you can't watch live, use your dvr. got it? dvr. follow me on twitter at the handle @greta and make sure you go to gretawire and, of course, there is facebook. i mean, we are all over the place. anyway, good night from

washington, d.c. we'll see you tomorrow night. 7:00 p.m. right here at the o'reilly factor is next. good night. o'reilly factor is on, tonight. >> if you were a man today with all this fuss be made? >> i will leave that to others to answer. >> how much damage is hillary clinton sustained over the email controversy? tonight we will analyze that question and tell you about a lawsuit filed by the associated press demanding the former secretary of secretary of state's correspondence. another horror today, 12-year-old boy under the control of isis shooting a man in the head at the same time, congress is grilling the obama administration about isis. >> i believe that much of our strategy with regards to isis is being driven by desire not to upset iran. >> we have a special report. >>