>> jesse: set your dvrs. never miss an episode of "the five." "special report" it's up next. three when the gunman behind the deadliest mass shooting in u.s. history may have plotted to kill others with a car bomb. it seems he had an escape plan. the nra backed new rules on gun accessories, and is the president ready to pull out of the iran nuclear deal? maybe something just short of that. this is "special report" ." good evening. welcome to washington. i am bret baier. a possible car bomb. scouting other locations, an escape plan and the belief he could not have acted alone. these are just some of the headlines about the suspect behind sunday shooting that left 58 people dead and hundreds injured. while police try to figure out a

motive, a bipartisan group of lawmakers, and even the national rifle association, the nra, are now saying there should be new rules when it comes to gun accessories like the bump stock. we have fox team coverage. mike emanuel is life on capitol hill. we begin with trace gallagher who joins us from las vegas with new developments in the investigation. >> let's start with the breaking news about possibility of other attacks, including a car bomb. you will recall in the mandalay bay, the car of stephen paddock was actually found with 1600 rounds of ammunition, some ammonium nitrate. the same thing using the oklahoma city bombing by timothy mcveigh. and 50 pounds of other explosive. there were no targets described in the threat. officials didn't notify us of targets and they say they are still looking for a motive to the shooting. other cities are responding to claims that las vegas shooter

stephen paddock may have considered targeting them as well. late today, chicago police told fox news that it believes paddock booked two rooms at this hotel overlooking the lollapalooza music festival this summer. also sang "the city conducts extensive public safety planning and training around major events in close coordination with our law enforcement partners to ensure public safety." another reported location, boston. >> we and many others are fully plugged in on the investigation and there is no imminent threat to anything in massachusetts or new england. >> officials say paddock may have had additional targets in las vegas. he rented a room in september near the "life is beautiful" music festival. >> paddock rented a room in downtown las vegas. we have video to review his actions while he was there. >> investigating investigatorse and they may never understand

what pushed a man to conduct the worst mass shooting. >> collecting ammo and living a student life, much of which will never be understood. >> one thing they believe is that paddock probably didn't act completely on his own. >> do you think this was accomplished on his own? you have to make the assumption had help at some point. >> other revelations, he planned to survive the attack. >> he was doing everything to try to figure out how to escape. >> the fbi spent hours yesterday questioning marilou danley, paddock's girlfriend, after her return from the philippines. danley is cooperating and said she knew paddock as a "kind, caring, quiet man." her lawyer shared her statement. >> he never said anything to me or took any action that i was aware of that i understood in any way to be a warning that

something horrible like this was going to happen. anything i can do to help ease suffering and help in anyway, i will do. >> hospitals continue to treat the injured. the death toll remains at 58. >> as of 9:34:00 p.m. yesterday, we have officially identified all 50 victims and one suspect involved in the incident. as well as notified all the next of kin, it's a big deal. >> with many questions remain, investigators are predicting a long road ahead. >> there is a lot of information that's going to change over time as we determine more facts. but this is what i can tell you. our resolve is firm. we will get to the bottom of this no matter how long it take takes. >> the clark county sheriff's on record saying he believes paddock had an accomplice. what's interesting is we are now learning that in the days leading up to the massacre that

he was gambling extensively first seven, eight hours at a time and that there are reports he had a female companion with him, not his girlfriend, during that time. police are now in the process of trying to track down that companion. last note, we should tell you there was a bomb threat at the mandalay bay a short time ago. the all clear has been given. >> bret: tense time as that investigation continues. trace gallagher, thanks. sunday's shooting sparked a renewed national debate over gun control and today an incredible shift in tone as many democrats, republicans and even the national rifle association seemed to agree on something. chief congressional correspondent mike emanuel reports from capitol hill on today's big data elements. >> in the aftermath of the las vegas massacre, members of both parties are looking to take action on bump stocks, add-on devices that make semiautomatic weapons were deadly. >> the congress can do more than send thoughts and prayers after these tragedies.

even though this is a relatively minor adjustment, if we can act in concert, i think would be a great signal for the country. >> that's what we want to prevent, for someone to be able to fire 800 rounds per minute. most americans, and i would say most members of congress understand the laws as they exist today are designed to prevent that. >> lawmakers are backing restrictions on bump stocks but one conservative isn't sold on legislation targeting the add-ons. >> he had a whole arsenal of weapons. if you wanted to kill many people, he could've used a number of different things. we didn't outlaw 747s after 9/11. >> top house republicans have opened the door to a legislative response. >> it allows you to take a semiautomatic and turn it into a fully automatic. >> the nra agrees but stops short of backing legislation saying the organization believes the devices "should be subject to additional regulations." for those worried about a bump stock building a slippery slope on gun control, house

democratic leader nancy pelosi says. >> i certainly hope so. but i don't think bump stocks should be a substitute for the background check. >> others clearly want to go further. >> this majority believes a bump stock prohibition is enough, they have been smoking something. >> white house press secretary sarah sanders says the president is listening. >> we certainly welcome that would like to be part of the conversation. >> dean heller says he's willing to look at ways to prevent another attack like las vegas. >> show me the law that would stop that. not only will i support it. i will be an advocate for it. >> what is striking is how many lawmakers who say they had never heard of a bump stock until this week. even speaker paul ryan, who describes himself as an avid sportsman. >> bret: mike, what is the latest news with the budget? >> $4.1 trillion budget passed the house today.

219-26 along party lines. big part of the pitch is this is a critical step in order to do tax reform. adopting a budget would allow the senate to pass tax reform with 51 yes votes instead of 60. we have heard a lot of republican leaders think essentially this is a once in a generation opportunity to fix the tax code. it also passed the senate budget committee today. it's expected on the senate floor later this month. >> bret: we will track it. thank you. pennsylvania congressman tim murphy is resigning later this month. republican congressmen made headlines for an alleged affair during which he reportedly urged his mistress to have an abortion despite his firm pro-life stance. how speaker paul ryan accepted the congressman's resignation today, saying he thinks it's appropriate that murphy move on. democrats sources tell fox that linda sanchez regrets saying that it's time to be out with the old and in with the new. when it comes to democratic house leadership. a comment that raised some

eyebrows in her caucus today. >> we have a breadth and depth of talent within the caucus and i think it's time to pass the torch to a new generation of leaders. >> bret: sanchez made the bold call for democratic house minority leader nancy pelosi and other minority leaders to step aside. pelosi is 77 years old and has served in congress since 1987. leading house democrats for 14 years. congresswoman sanchez also included the house minority whip and assistant minority leader in her call to pass the torch to a younger generation. fox news is told democratic members were incensed by her comments. this time next week, president trump could begin to dismantle one of the obama administration's biggest agreements. the iran nuclear deal. multiple reports here in washington now indicate that the president plans to announce that he will decertify the deal,

saying it's not in the national interest of the united states. while the white house is pushing back on the notion that anything is completely set in stone, lawmakers on capitol hill seem to think the question about the future of iran sanctions will in fact end up back in their lap. kevin corke is at the white house. >> you're right. at this hour, the president's meeting with the senior military cautery here at the white house, no doubt the iran nuclear deal will be among the topics they would discuss. october 15 is the date by which the president asked to certify or recertify or get rid of the iran nuclear deal. it's a little bit more complicated than that but that decision is playing out against the backdrop of a fierce debate inside the administration over whether to strengthen it or get rid of it altogether. >> the president's team has presented a united strategy that the national security team stands behind and supports, and the president will make the announcement soon. >> october 15 deadline looming,

officials acknowledged president trump has already made a decision about the future of u.s. participation in the iran nuclear agreement. a decision made after consultation with an experienced senior cadre with different viewpoints on whether the u.s. should remain a party to the joint comprehensive plan of action. >> iran is not in material breach of the agreement. >> i believe absent indications to the contrary, it is something the president should consider staying with. >> generals madison and dunford think there is merit to staying in the deal, the presidt could decide to withdraw altogether or stop short vide certifying the deal but adding more sanctions. decertification would come by way of the iran nuclear agreement review act which requires the president every 90 days to determine whether the deal is in the best interest of the u.s. it's a u.s. law, so as not subject to the international deal struck with the iranians. it calls on the president to

certify that iran is transparently verifiably and fully implementing the agreement. and that continuing the jcpoa is vital to national 30. a high bar, says u.n. investor nikki haley. >> if he thinks the deal is, the situation is not in the best interest of the american public, then he doesn't certify it. >> >> is public: possible nikki haley tipped the administration's hand yesterday, praising tom cotton's understanding of the iranian regime. cotton met with the president today and has repeatedly called for the administration to abandon the deal. >> frankly that deal is an endorsement to the united state united states, and i don't think you've heard the last of it. believe me. >> two weeks ago, the president called the iran deal in embarrassment but experts warn that doesn't mean he's any more likely to abandon the accord or have the final say on it. stick out the final decision will go back to the congress under the terms of the corker

legislation. and it would give congress 60 days to make a decision about how to respond to the president's decision. that presumably the agreement is not in u.s. national interest rates stick with plenty of criticism on capitol hill in particular if the president were decide to pull out of the deal, jack reed, senator from rhode island, democrat, think it would be a costly strategic mistake for the u.s. he said it would isolate us from our allies and partners. as you point out, we could hear perhaps by wednesday if the president wants to make a broader speech about iran polic policy. we will have to wait and see. >> bret: we will see if he says anything with the military leaders he is meeting with. hackers working for the russian government may have stolen highly classified secrets on how the u.s. gets into foreign computer networks and defense against cyber attacks. that report by

"the wall street journal" says hackers got the material after a national security agency contractor put it on his home computer. if true, experts say the hack would be one of the most significant scaredy breaches in years. officials with the nsc at the white house and on capitol hill would not comment publicly. multiple u.s. commandos killed in an ambush in west africa yesterday. officials believe in al qaeda affiliate is to blame. in a region out teeming with terrorists from isis, boko haram, and al qaeda. lucas tomlinson is at the pentagon. >> clearly there is risk for our forces. >> three green berets were killed in an ambush the landlocked west african nation wednesday. two other special forces soldiers were wounded and flown to a military hospital in germany. they are expected to recover. ten green berets were attacked 120 miles north of niger's capital. officials say they were on a

routine patrol a company local forces with the u.s. military has been training for over a decade. the terror group al qaeda in the islamic -- expected of carrying out the attack. officials tell fox as fighters or squeeze out of. and iraq, they have found a safe haven. a senior marine corps general didn't denied. >> it's inevitable people will try to go to other places. libya, it didn't work out. >> officials tell fox there was no u.s. surveillance drone overhead at the time of the attack. the pentagon would not confirm. >> we are not prepared to go into any details right now. >> there are roughly 6,000 u.s. troops on the african continent. 800 on the ground in niger. mostly stationed at two airbases. general mckenzie says more u.s. troops have arrived recently to support a second-round base inside niger. the local government doesn't allow armed drone flights to protect u.s. troops despite requests from the u.s. military. the state department has warned him to repeated attacks and

kidnappings by a q i am from mali. officials note terrorists were behind the deadly attack on a large gas plant in algeria four years ago where they took hundreds of hostages, including seven americans. three were killed. later, the u.s. military signed the agreement to bring drones to niger together more intelligence on the terror group. the names of the soldiers killed yesterday will be released after the family members are notified. >> bret: lucas tomlinson at the pentagon. thank you. let's get some analysis. retired green beret michael walt joins us to talk about it. good evening. tell me about this. we don't often hear about the efforts of green berets working with local indigenous forces, as they do. but they are kicking in doors and going after terrorists. >> i think it's important to

point out that as we speak, right now every day american green berets, special forces in general are operating in 70 to 80 countries around the world. as we deal with our domestic issues and we sleep safe tonight, they are and have the countries around the world doing america's business. in niger specifically, i had the opportunity to serve there in 2014. it's really a hot bed. geographically you have al qaeda in mali next door. we have an american aid worker being held hostage. we have boko haram in nigeria to the south. then you have importantly, i says to the north in libya which completely fell apart under the obama administration after the overthrow of muammar qaddafi. >> bret: as the administration drops the hammer on terrorists

in iraq and syria on terrorists. it's like a water balloon. it goes somewhere else. west africa has been that someplace else. >> as you squeeze, you are seeing isis flow to afghanistan. that's why the strategy to stay engaged there is so important. you've seen isis takeover city in the southern philippines and you are seeing them hot and heavy in western iraq. that's what our green berets are so important to do. they are specialized in training local forces for the long term so they can take the fight on their own. we need power we need power in the short-term but in the long term we have to undermine the ideology and train our partners. >> bret: we are getting ready to go the go to the white hous. the president getting ready to meet with advisors. the president made comments on iran and bump stocks.

>> thank you very much. thank you. you'll be hearing about iran shortly. thank you. appreciate it. >> thank you, sir. >> thank you. >> bret: that wasn't exactly chock-full of news. saint you will hear about iran shortly. we will see if he said anything else before that. he is meeting there, likely this topic is coming up. if his military leaders are there, you have just this raid in niger and obviously a serious situation for special forces on the ground. >> that's right. that's why it's important for us to stay engaged, for the american people to understand that we have these operators all

over the world, and if you look at success stories like colombia against the farc, the philippines. it's because we had a small footprint. you can have 12 of these operators training thousands of locals. that's the long-term strategy and i ask you and everyone else to keep the family's in mind tonight. i understand the bodies are coming back to dover this weekend. it is things like veterans organizations like the green beret foundation and others that are going to support the families who are suffering in this long effort. >> bret: that's a great reminder. thank you very much. the president said about bump stocks, "we will be looking into that in a period of time." basically said the same thing about iran. up next, president trump's travel ban faces its next test in front of the supreme court. four weeks without the car.

okay, yep. good night. with accident forgiveness, your rates won't go up just because of an accident. switching to allstate is worth it. but prevagen helps your brain juswith an ingredientcident. originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember.

>> bret: is that case closed on president trump's travel ban? attorneys faced a noon deadline today. chief legal correspondent shannon bream joins me with the arguments and where goes. >> they both filed today, the administration said there is nothing for the court to do. the third issue they have put out come of third order is materially different than the other two. there is nothing for them to decide. they said this if the court were to continue to hear the appeals, it would be asked to decide questions with no ongoing practical import. they say the third order, they are calling it up proclamation. totally different criteria and a different ball game. the opponents say these three

executive actions are virtually the same thing. they want the court to weigh in. to a they said "the issue of the third version does not render the case moot because it extends rather than eliminates the challenged conduct at issue." they want the court to lump these orders together and relived unconstitutional. >> bret: it did involve. there is the stipulation that if the countries meet the visa requirements of the country, they could get off the list. but what happens now question or speak of the justices are in the full term. they are hearing and arguing other cases. but these briefs are not very substantive. they are short, relative to everything else. they do act quickly in most cases. i would expect it to happen quickly. there is an lot of stakes for the administration if the justices decide to hear the cas case. >> having a ruling coming from the supreme court, including a supreme court that has a conservative majority would be huge blow to the trump

administration. but any time and administration tease up on one of these issues for the supreme court, they are running a risk that the supreme court is going to say you've gone too far. you've overstepped her boundaries. that has very significant consequences. >> not a surprise that they also disagree about what happens of the court says we're not going to hear the case for the administration wants the lower court rulings against the travel ban, all the versions, they want those tossed. the other said size no. they are good. keep them in place. >> bret: will follow every step. thank you. president trump's tough talk about illegal immigration is leading some to run for the border of canada. molly line reports from canada about the increase in illegal border crossings and how the country is handling the added load. >> they are pouring in from around the globe. people seeking asylum, leaving america for canada. >> most of the people want to come to canada to become canadian citizens. >> more than 13,000 crossing the border illegally this year.

that is five times the number intercepted by the royal canadian mounted police in 2016. the summer surge was dramatic. in quebec, authority set up temporary camp near the border. in montreal, officials converted the olympic stadium into a shelter. more than 5,700 asylum seekers crossed illegally in august. avoiding checkpoints and the risk of being sent back to the u.s. most of the people walking across where a rural dead-end in new york meets the canadian border. when we came in february, this was gravel. the mounties responded to sporadic crossings. now they have erected tense and simply wait. >> we are living with a lot of uncertainty about immigration reform in the u.s., what is going to happen. calls for a smaller intake of refugees. >> advocates say it is the contrast between the trump administration's hard-line stance on immigration versus the

welcoming image projected by canadian prime minister justin trudeau. they warned there is no guarantee status will be granted. >> the government has been accused of misleading migrants and telling them things will be easier than they might sound. >> outside a ymca in montreal, it's a melting pot of cultures. families from syria alongside men from haiti and africa all await hearings. we spoke to people who stopped in america first i believed their best shot at refuge lies in canada. >> my hope for the future is to seek a better life, a better future, a place where i can be free. >> prime minister trudeau is slated to visit washington next week but the focus is excited to be on international security and trade, as nafta negotiations continue. >> bret: molly line live in montreal. thanks. another storm is headed for the u.s. tropical storm nate formed off

the coast of nicaragua today. it's expected to drench parts of central america and mexico before potentially hitting the u.s. gulf coast as a hurricane. yes, another hurricane. over the weekend. up next, strength in numbers. whether the latest economic indicators mean the financial crisis is finally behind us. give up, skeletor! you're finished! curse you, he-man, you interfering imbecile! give us one good reason we shouldn't vanquish you to another dimension! ok, guys, hear me out. switching to geico could save you... hundreds on car insurance. huh, he does make a point... i do like to save money... catch you on the flip, suckas! geico. because saving fifteen percent or more on car insurance is always a great answer. that's why a cutting edgeworld. university counts on centurylink to keep their global campus connected.

and why a pro football team chose us to deliver fiber-enabled broadband to more than 65,000 fans. and why a leading car brand counts on us to keep their dealer network streamlined and nimble. businesses count on communication, and communication counts on centurylink.

a trip back to the dthe doctor's office, mean just for a shot. but why go back there, when you can stay home... ...with neulasta onpro? strong chemo can put you at risk of serious infection. neulasta helps reduce infection risk by boosting your white blood cell count, which strengthens your immune system. in a key study, neulasta reduced the risk of infection from 17% to 1%... ...a 94% decrease. applied the day of chemo, neulasta onpro is designed to deliver neulasta the next day. neulasta is for certain cancer patients receiving strong chemotherapy. do not take neulasta if you're allergic to neulasta or neupogen (filgrastim). ruptured spleen,

sometimes fatal as well as serious lung problems, allergic reactions, kidney injuries, and capillary leak syndrome have occurred. report abdominal or shoulder tip pain, trouble breathing or allergic reactions to your doctor right away. in patients with sickle cell disorders, serious, sometimes fatal crises can occur. the most common side effect is bone and muscle ache. so why go back there? if you'd rather be home, ask your doctor about neulasta onpro. >> bret: president trump pointed that to the stronger economy writing: "stock market hits an all-time high! unemployment lowest in 16 years! business and manufacturing enthusiasm at highest level in decades!" today of the gains continued. the dow grew 114. s&p 500 jumped 14. nasdaq up 51. does it mean the economy is back on track?

fox business network's trish regan is in new york. >> good evening. there's a lot of good signs. you point to the stock market. we can point to gdp, low unemployment. a lot of reasons to be optimistic. investors are feeling the optimism. i think there is a sense overall within the economy and within the wall street sector that business is being put front and forward. there is a sense that this administration cares very much about things like tax policy. you are seeing optimism. we are seeing fundamental growt growth. economic earnings are improving significantly within a lot of corporations. all of that is pointing to higher direction for the stock market. >> bret: september's drop numbers and the reports out tomorrow. what are the economists anticipating? >> is going to be a little bit different than what we've been seeing in that you may not see

hundreds of thousands of jobs being added. the expectation is for roughly 90,000. the reason is because of the hurricanes. those will have a temporary effect on the economy. they did temporarily hurt hirin hiring. anticipate it will not be as strong as we have previously seen but hopefully we will see a rebound in the following month. maybe it will be just a one-off. certainly there's a lot of good things out there. the one caveat to all of this i would point out is the fed, remember the money printing they had engaged in over the last eight years? they still need to unwind the balance sheet. if they start doing that, and buying up some of this securities and deaths they previously put out there, then it could be a risk. fundamentally the economy is stronger. >> bret: okay, good news. treasury secretary steven mnuchin government plane travel was all aboveboard, according to the department's inspector general. the report came out and found

that the office could've done a better job justifying why he needed to use them more expensive modes of transportation. his office says they will do a better job explaining their needs. virginia voters may be the first make their voices heard on gun control. that issue takes on new urgency following sunday shooting in las vegas. next month, residents of the commonwealth will vote for new governor. right now, real clear politics puts ralph northam five points ahead of republican challenger ed glass. doug mckelway reports on whether a state full of firm believers in the second amendment could change the state of the race. >> the las vegas massacre may add a red-hot issue to a bellwether election. the governor's race between ed gillespie. >> i am a believer and strong defender of our strong secondmt

rights. >> democrat ralph northam. >> there is no excuse for having assault weapons on our streets. >> in 2017, a student shot and killed students at virginia tec virginia tech. before he acted out, many students, professors and police had warned. a state court found him mentally defective. reporting gaps that he was never placed on the national instant criminal background check system. there virginia law in place at the time signed by doug wilder in 1993 limited gun purchases to one a month. that was repealed in 2012 under the republican administration of governor bob mcdonnell. the nature of virginia's gun-control mood reflects the states fundamental divide. >> the rural areas in virginia already vote heavily republican.

it is hard to see them increasing the percentage because it is so high already. the people for gun control are in the bluest, most democratic cities and suburbs. i don't see it as a tipping .1 way or the other. >> polls have mostly been within the margin of error with a democrat leading. "washington post" poll out today conducted after las vegas shows democrat northam pulling ahead by 13 points. as with other races in virginia, this one may be decided by the northern virginia swing counties like here in fairfax or prince william county. it may not be over gun control is much as the bread-and-butter issues of education, jobs, and the economy. >> bret: thank you. hollywood mega-producer and big-time democratic fund-raiser harvey weinstein is taking a leave of absence from his company after a detailed report by "the new york times" chronicles decades of harassment against women. the times said first person accounts from actresses like

ashley judd says weinstein invited her to his hotel room and asked her to watch him shower. weinstein's attorney says the article is saturated with false and defamatory statements. decision day looms on the iran nuclear deal. white house shoots down more so called fake news. what is real? the all-star panels next. ♪ oh no. schwab, again? index investing for that low? that's three times less than fidelity... ...and four times less than vanguard. what's next, no minimums? ...no minimums. schwab has lowered the cost of investing again. introducing the lowest cost index funds in the industry with no minimums. i bet they're calling about the schwab news. schwab. a modern approach to wealth management.

♪ music plays throughout) "honey, i am way too whendecadent for you."aid, i came up with o, that's good! comfort soups like broccoli cheddar... with a twist of butternut squash. o... -mmm ...that's good! whstuff happens. old shut down cold symptoms fast with maximum strength alka seltzer plus liquid gels.

♪ >> we will have a recommendation for the president. we are going to give him a couple options how to move forward to advancing foreign policy towards iran. >> the president has made a decision and he will make the announcement at the appropriate time. the main focus he's had has been a comprehensive strategy on how to deal with iran. that's what he wanted his team to put in place. i think you will see that

announcement in short order. it will be a conference of strategy with the unified team behind him. >> bret: we heard from the president this hour in the cabinet room, meeting with military officials in his defense secretary that you will hear something on iran very soon. multiple reports in washington are suggesting the white house and the president specifically will decertify the deal, including "the washington post" with the headline "trump plans to declare the iran nuclear deal is not in the national interest." white house pushing back on specifics saying nothing is set in stone but clearly something is happening. deadline is october 15. fox news senior judicial analyst judge andrew napolitano. catherine lucey, white house reporter for the associated press. michael crowley, senior foreign affairs correspondent from politico. seems like it's heading in a way, as you talk to the experts, that it will be something short of pulling all the way out of the iran nuclear deal and essentially -- saying it's your

deal to deal with sanctions are not. >> an important thing to understand his donald trump has to commit any president, whoever won the election, would have to certify every 90 days. if trump says they are not, that doesn't mean we are at -- excuse me. doesn't mean we are out of the deal or that it's off. it starts a clock for congress and it has congress has 60 days to decide. are you going to reimpose the sanctions we lifted when barack obama did the deal in july of 2015. the trade, taking off sanctions if the iranians put limits on the nuclear program. if congress does that, the dail is blown up. america has an effect withdrawn from the deal. there are a lot of consequent spirit of the most extreme is that it on the path to war. donald trump doesn't like the deal but i think he's been

convinced by his more establishment advisors like mattis, tillerson, mcmaster. pulling out now brings consequences he doesn't want. he gets to decertify but congress doesn't follow through and it's a compromise. >> bret: maybe they try to push for renegotiation on some elements of it. >> that is certainly possible. the president hates the deal. he's been vocal about his dislike for it. what we are hearing is there's discussion privately about how to split the difference. give him the ability to say he's taking action while not necessarily fully exiting. it does probably involve negotiation. we are not fully clear how it's going to play out but he gets to, if he does it this way, they are saying it's not definite, he gets to make a statement. >> bret: firm pushback against

the nbc reporting on secretary tillerson yesterday. but there is not denying there's a split in the administration on the issue. here is a listen to defense secretary mattis and others. >> do you believe it's in our national security interests to remain in the jcp away? yes or no. >> yes, senator. i do. >> does the president have to consider more broadly things that fall under his portfolio of looking out for the american people in areas that go beyond the specific letters of the jcpoa. in that regard, i support the rigorous review. >> iran is not in material breach of the agreement and i believe the agreement has delayed the development of a nuclear capability by iran. >> bret: u.s. ambassador to the u.n. nikki haley has tended to atone that's different. >> i do not remember seeing,

witnessing the senior most members of an administration disagreeing so publicly. the president likes to go it alone. he wants to feed the base. he wants to do as president what he said he was going to do in vociferous terms when he was a candidate. if the chairman of the joint chiefs of staff, secretary of state and secretary of defense and national security advisor, three of the four of them, generals or former general saying iran is doing the right thing. it will be catastrophic for us diplomatically if you pull out. don't go it alone. and you have all the other countries. seven countries in the deal. it is not just iran and us. the others have said iran is materially compliant. i think there's going to be consequences even if he strikes the deal michael talked about. i do think he's going to do what michael said he was going to do. >> you can have rhetoric like that from mattis and tillerson but trump will decertify but not

have congress passed the sanctions. so we don't pull out of the deal. we preserve the deal even though for the base, trump is able to send a message thing i still hate it. >> bret: how tough is about? >> what message they sent to the country. >> how tough is it for republicans? stick a very tough. at some point the president has to sign some legislation. pro-sanction or against the sanctions. >> democrats didn't like the deal but they are in a tough spot. >> bret: some agreement and the gun control debate. is it a big step forward or much ado about nothing? riiight. and that means...? i'm the money you save for retirement. i help you get organized so your money could multiply. see? got it. who's he? he's green money for spending today. you know, paying bills, maybe a little online shopping... makes it easy to tell you apart. that, and i am better looking.

i heard that. when it's time to get organized for retirement, it's time to get voya.

the cothe online stores of at

least six gun retailers have sold out of these bump stock devices. >> this is a device that president obama's atf decided it would not be regulated. >> this allows you to take it semiautomatic and turn it fully automatic. >> it looks like we may have a breakthrough. >> they are going to say if you give them bump stock, it's going be a slippery slope. i certainly hope so. >> we didn't outlaw 747s after 9/11. can anyone say this would never happen if we had outlawed bump stocks? >> bret: it seems like it's heading that way, even the nra weighing in. national rifle association putting out a statement despite the fact the obama admin administration approved the sale of bump fire stocks in at least two occasions, the national rifle association is calling on the bureau of alcohol tobacco firearms and explosives to review whether these comply with federal law.

back with the panel. judge, we don't usually see the nra doing anything as far as this, when it comes to this. obviously. >> we were talking in the break about whether this is truly gun-control. surely for the people that have been frustrated, the democrats, progressives, those few republicans who want some sort of gun control, they will rejoice if this is passed. but it actually will effect a very, very minuscule amount of weapons that are out there. the congress has, in 1934, banned automatic weapons. in 1986, the reagan administration, they tinkered with the statute a little bit and said if you had something made before 1986 and you only used it on your property, you can still own it. but they defined automatic weapons in such a way that the bump stock, the modification of the semiautomatic, does not turn it into a federally defined automatic.

it doesn't shoot 400 grounds per minute. bottom line, i don't think mrs. pelosi has much to rejoice about and i don't think those who believe in the right to keep and bear arms as a natural right as i do in the supreme court says it is, have anything to worry about. >> bret: in reality, there are people saying the second amendment should be repealed. we heard that argument by columnists. there is not even a remote chance this country is ever going to get down that road. politically this seems like it's going to get through. >> the practicality aside, it's a notable moment because you're seeing the different players showing interest. nra, focused on the hill, and the white house all saying this is something they want to work on. we haven't seen that kind of momentum after past mass shootings. i think the politics are notable and are new. >> the 1934 statute also

prohibits police and military from using automatic weapons. the killing in las vegas is the first time in modern history that the police had inferior firepower to the killer. the police did not have automatic weapons. the killer did. >> bret: this plays out politically locally, the virginia governor's race is going to be interesting on this issue. >> you already saw the nra delaying an ad buy there was aimed at that campaign. the nra has had the delay was not related to the shooting. people can decide whether they buy that or not. i think there's no question that particularly for ed gillespie, this is not the debate he wants to be having right now particularly because it would be very hard. there maybe some people talking about repealing the second amendment but generally speaking i think democrats are pretty solid. they are not overreaching. i would say to your point about

this being almost a perfect storm politically reconceived coalition -- where you can see a coalition getting something done. you are seeing what looks like a tactical retreat by the nra. the nra is stepping back and say maybe you look at bump stock again. they don't want a legislative solution. they say it should be done by the atf. it should be regulatory. the nra is trying to keep the issue out of congress. to see them take a tactical retreat at all is unusual. >> bret: in the virginia race, it's also the other way. there are a lot of gun owners in virginia who don't like any talk about any restrictions and even democrats in southern virginia who fall into that. there is some push from the left. >> i think the right to keep and bear arms issue helps ed gillespie. i am not as conversant with virginia politics as the rest of you but it's got to help him.

>> bret: thank you. when we come back, an update that hundreds of you have asked for. when you really want to save big

on a hotel just go to priceline. they add thousands of new deals every day at up to 60% off. that's how kaley and i got to share this trip together at this amazing hotel. yeah ash and i share everything - dresses, makeup, water bottles... we do? mmhmm. we share secrets, shoes, toothbrushes... what? yeah i forgot mine so i've been using yours. seriously? what's the big deal? i mean, we even dated the same guy. who?! uh, go to priceline and get the hotel deals you won't find anywhere else. it's ok that everybody ignores me when i drive. it's fine, 'cause i get a safe driving bonus check every six months i'm accident-free. and i don't share it with mom. right, mom?

right. safe driving bonus checks, only from allstate. switching to allstate is worth it. ♪ >> bret: before we leave, one quick update. hundreds of you, literally hundreds, have tweeted questions to me about the status of our colleague charles krauthammer. as a set of the show a few weeks ago, charles had a preplanned surgery that his doctors said he needed. he expected a speedy recovery but ran into some complications post surgery. he is still in the hospital making slow, steady progress in recovery. he desperately wants to go back to the panel as soon as possible, believe me. i speak to or email with his wife almost every day, and i share your thoughts and prayers. it will likely be a few more weeks. yes, he does get to watch his washington nationals against the cubs tomorrow night. we are pulling for him.

thanks for asking about his status. we'll be back here soon. that's it for this "special report." fair, balanced, and unafraid. "the story," hosted by martha maccallum, starts right now. ♪ >> martha: there is a brand-new reporting tonight that reveals that the las vegas shooter may have had a plan for a second attack and possibly a car bombing. paddock wanted to make it out of there alive, we know that now, so what's his plan into is helping him. i'm martha maccallum, and that is where "the story" starts tonight as we continue to dig through the wreckage of what happened on sunday night. this is brand-new video that shows the chaos that was literally scattered everywhere, looking down at the scene at of what was left. you can see this horrific, mad dash to survive. here is sheriff joe lombardo.