Blake burman with details. Blake . Reporter donald trump continues to raise doubts about the president ial eligibility of ted cruds who was born in canada to american mother. At a rally trump insisted that the legal guidelines defining what a natural born citizen means remains to be settled. Ted cruz has a problem because the question is, is he a natural born citizen . You cant have a nominee who is going to be subject thrown out as nominee. You just cant do it. Reporter latest fox news poll shows cruz might be trumps threat for the moment. Nationwide trump has support from 35 of republicans. That is 15 points clear of cruz in second. Trump has larger lead in the first of the nation primary, New Hampshire. In iowa the latest poll shows trump trailing. Cruzs 27 puts senator four ahead of trump. The iowa caucus is just three weeks away. Back to you in new york. David going to be very tight. Blake burman, thank you very much. Melissa . Melissa this is the announcement weve been waiting for on pins and needles. Lou dobbs will have the lineup for fox businesss second debate. David he looks very calm. Melissa he does but we know he is jittery. The first debate is 6 00 p. M. Eastern hosted by sandra smith and trish regan. Who will be in the 9 00 debate hosted by our own Maria Bartiromo and neil cavuto. You dont want to miss this. David sticking with politics a new study showing democrats on decline. Number of americans identifying with Democrat Party now at alltime low. According to new survey from gallup, only 29 identified as a dem down last year from 30 in 2014 as republicans gained 1 . Now at 26 . The race for the white house seems up for grabs. 42 of the americans say theyre independents. Melissa fbi expanding its investigation into Hillary Clinton of the agency is looking into whether or not the clintons use of a private email server violated public corruption laws. According to a exclusive report from fox news. Here now is fox newss Catherine Herridge who broke this story. Cat lynn, give us the details. Reporter thank you, melissa and good afternoon. The fbi investigation now has two tracks one focused on the classified information found on mrs. Clintons personal server and other on whether commingling of Ton Foundation work and state Department Business potential violated public corruption laws. Fox news learned agents are investigating connections between the clinTon Foundation, dispensation of state department contracts and whether regular processes were followed. According to one of three sources who spoke to fox on condition of anonymity. Author Peter Schweitzer investigated Foundation Last year and discussed the findings with foxs martha mack. Its funny because he says i cherrypicked information. I didnt cherrypick the information. We followed the money. We looked at major foreign donors. We said do the people when making donation to the clintons is there business before the state department and how does it end up for them . What we find out it consistently ends up well. That is the key thing. Obviously in terms of a quid pro quo, we dont have access to emails or to correspondence but the pattern of behavior is overwhelming. Reporter latest state Department Email dump the number of classified emails identified on mrs. Clintons private unsecured account has risen to at least 1340. On the weekend talk shows she dismissed that number and allegations she direct ad subordinate to send Sensitive Information to that home account. In fact, as the state department has said, there was no transmission of any classified information. So its another effort by people looking for something to throw against the wall as you said in the beginning of the program to see what sticks but there is no there there. Reporter fox news was also told that fbi agents will be quote, screaming if a prosecution is not pursued because we were told many previous public Corruption Cases have been made and successfully prosecuted with much less evidence that apparently is emerging here, melissa. Melissa catherine, great reporting. Thank you so much for that. Reporter youre welcome. David here with reaction is fred tecce. Former federal prosecutor. Thanks for having me. David what happens, fred, if the fbi recommends and indictment and justice says no . Well, i got to tell you, unfortunately nothing because ultimately the decision to indict rests with the United States attorney, assistant u. S. Attorney, main justice Corruption Branch main justice and fbi can scream or yell but if youre a federal prosecutor and agencies are unhappy with you, theyre unhappy but your job is to kind ride it out to wait to see what happens. I think a travesty of justice. David fbi could do something and they are in possession of a lot of information that we dont yet have, as much as we know now, they have more because they have been digging into this thing for a year now. Correct, correct. David is it conceivable some fbi agents might be so frustrated at justices inability are one i willingness to indict they might leak some of this stuff . The answer to your question, david, is yes, they could leak some of this stuff. That may hurt her in the court of Public Opinion but unfortunately they dont have the authority, they dont have the ability to actually charge her themself. Some rogue fbi agent can arrest mrs. Clinton on campaign trail, i arrested her because i had probable cause to do so but whether or not she is ultimately charged is different story. David fred, we have a couple different bits of information that came out, i think some of them damning. One email is looks likes she is telling an aide to go around seacrest at this rules and more information about the clinTon Foundation. We heard from Peter Schweitzer, the one who revealed some of this stuff. People were contributing millions and millions of dollars that had cases up in front of the state department when hillary was head of the state department. What from your perspective is most damning . Where do i start. I think a lot of it is very damning, and as a prosecutor i find a lot troubling. Email i talked about, they stripped off information about it so it couldnt be available for freedom of information act as far as intent on her part. Remember under the hobbs act, what youre talking about a hobbs act violation, any public official obtains something of value they do not deserve is guilty after hobbs act violation and can be guilty of a hobbs violation, depending how many, if you string together enough hobbs act there is rico violation. What ive seen so far there is probable cause to be a problem. David we have to run. Will she be indicted, yes or no . Personally youre asking me, if she broke the law, yet. Whether or not the Justice Department has the guts to do it, thats whole another story. David fred tecce, thank you very much for coming in. Appreciate it. Thank you. David alcoa is kicking off Fourth Quarter earnings season. Lori rothman has numbers for us from the new york stock exchange. We begin, lori. Reporter hi, there, david. Better than expected report from alcoa. In perspective significant klein from same decline from same period a year ago. 4 cents versus the 2cent estimate. That is okay. Revenue slightly soft, 5. 25 billion versus expectation of 5. 29 billion. Shares in the extended session are slightly higher, up about 2 . This is because alcoa has a good strategy to deal with declining raw aluminum costs. As you now raw aluminum fell 25 in the last year. Last year alcoa ink ad deal with ge for 1 1 2 billion dollars for longterm supply for ge aviation unit. As part of earnings call, alcoa expects this years Global Aerospace sales to increase by eight or 9 that is the story with ge. Revenue down 17 from this time last quarter but theyre working, as we know the Global Growth slowdown is big theme of everything lately. Theyre doing something to try to upset it. That is where we are with alcoa. David very low and beat expectations. That is why theyre up a little bit. Lori, thank you very much. Anytime. Melissa white house is promising a nontraditional speech when the president addresses congress and country tomorrow night. That is interesting. Fox newss kevin corke at the white house with more on what we can expect. Kevin, what does that mean . Reporter i guess i would look at this way, expect a lot of sizzle, probably not as much steak. Not to say you wont get a broad brush speech and it could be compelling an interesting. If youre looking for broad policy proclamations youre probably better watching latest episode off doubt town abby on your dvr. They are trying to get something accomplished this year. White house officials told us specifically today they think they can work with republicans to get a lot done this year. There is strong bipartisan support for criminal Justice Reform on capitol hill. And white house has worked hard to try to nuture the bipartisan agreement that will be required to pass that legislation. We are hopeful that congress will take steps to ratify the transpacific partnership. Reporter clearly we should expect here on wednesday a great deal about executive action. Weve actually heard a great deal about that already. I want you to keep this in mind as the president sort of unpacks that just a bit. As you and i talked about he has done that with guns and immigration an done it effectively to work around congress, something critics have taken a notice of. He has done executive orders. Done it on border, all over the place. Does meet with anybody . All he does is sign executive orders. Reporter dont forget we have omaha and baton rouge coming up for the president later this week. He will get out there and sell again what he talked about in the conversation with the american people. And also tout some of the successes of, melissa, of 2015. He has a pretty long laundry list to go along with laundry list of lack of success or failures some would argue. Should be interesting couple of days here at white house. Back to you. Melissa absolutely. Kevin, thank you so much. David well cover that on fbn tomorrow. Oil dropping big time again today, ending down over 5 to 31. 41. This is the lowest settlement since december of 2003. Phil flynn, fox business, Price Futures Group is with us today. Were close to 20 levels. Dave, they are beating this market to a pulp. I havent seen this since the 2008 financial crisis and it maybes mow worry the selloff in oil is signaling bad things for the global economy. What really started oil selling off today was overnight in china when we saw shanghai and shenzhen stock market get hammered. When the u. S. Stock market rallied later in the day, oil tried to recover but could not hold on to the gains. What im concerned about the way these prices continue to get pummeled day after day after day, there is going to be ramifications out of u. S. Production, energy companies, shale producers, you dont have a selloff like this without more pain to come. That will not bode very good for the energy sector. Back to you. David phil flynn, nothing like it for a long time. Appreciate it, phil. Melissa Philadelphia Police are on high alert in the wake of last weeks shooting. Details of the potential plot that could put more officers in danger. David donald trump hitting ted cruz even harder now that the two are neckandneck in recent polls. There is sure to be fireworks. Tucker carlson with his thoughts coming up. Melissa tribute from around the world and beyond are pouring in from music legend and fashion icon david bowie. At ally bank no branches equals great rates. Its a fact. Kind of like ordering wine equals pretending to know wine. Pinot noir, which means peanut of the night. When a moment turns romantic why pause to take a pill . Or stop to find a bathroom . Cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. Tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. Do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. Do not drink alcohol in excess. Side effects may include headache, upset stomach, delayed backache or muscle ache. To avoid longterm injury, get medical help right away for an erection lasting more than four hours. If you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. Ask your doctor about cialis and a 200 savings card. Wheall i can think abouthit, is getting relief. Only nicorette mini has a patented fastdissolving formula. It starts to relieve sudden cravings fast. I never know when ill need relief. Thats why i only choose nicorette mini. At ally bank, no branches equals great rates. Its a fact. Kind of like working from home equals not working. Numbers look pretty good, hows it on your end dave . Oh, the numbers look so good. Dave, daves on it. Melissa Philadelphia Police officers remain on high alert following an attack on one of their own last week. Police are investigating a tip that there may be three other radical associates of the selfproclaimed isis inspired gunman. Fox newss Rick Leventhal has the latest from philadelphia. Rick, what can you tell us . Reporter well, melissa this tip came from a woman who stop ad Police Officer on the streets of philadelphia on saturday night to warn him the threat was not over, telling officer to be careful especially in the neighborhood where the shooting took place, but privately Law Enforcement are suggesting this may be a false lead. That they get tips these all the time and theyre investigating but there is so far nothing to suggest that information is actually credible. We obtain ad copy of the incident report, detailing claims of this unidentified woman who told the officer, that suspect Edward Archer was part of a larger gang of four and not most radical in the bunch, suggesting more attacks were imminentgainst cops. The fbi and philly Police DepartmentHomeland Security unit already searched homes used by archer. Theyre scouring his internet history looking for anything to support his claims he was inspired by the islamic state. Officers are now partnering up since officer hartnett was alone when he was shot. Meanwhile, the fiveyear veteran is still in critical but stable condition here at pen presbyterian medical center. He is in intensive care and scheduled for more surgery. A fellow officer said friends and family are at his bedside. He made slow improvements but his left arm badly damaged in shooting t makes it more remarkable he was able to exit his vehicle and return fire to actually hit the suspect as the man was running away before he was able to call for help for himself, bleeding badly from his left arm, medical list. Melissa wow. Amazing story. Rick, thank you so much for your reporting. Reporter it is. Melissa david . David a few other stories on our radar. Isis claiming responsibility for attack at mall in baghdad that killed 11 people and wounded 22. Attackers detonate ad car bomb and threw hand grenades at shoppers as they enter the mall. Ringling brothers and Barnum Bailey circus are moving all their elephants this may to the Elephant Center for conservation in central florida. David bowie was a genius. Provided soundtrack of our lives from first time i heard space odyssey, to watching athletes appear in the wonderful olympics to strains of heroes. David british Prime MinisterDavid Cameron speaking on the death of music legend david bowie who passed away at the age of 69. Memorials pour in from around the world. One from outer space. British astronaut tim peek tweeting his tribute to bowie from the International Space station. Sad to hear david bowie lost his battle to cancer. His music was inspiration to many. El chapo is back behind bars but the interview he did with sean penn while on the run is getting a lot of attention. I admire the fact that sean penn risked so much, physical and professional and financial to pursue the story. [gunfire] melissa one of the worlds most wanted drug lords was on the lamb but not exactly off the grid. Sean penn traveled to el chapos Secret Mountain hideout in mexico late last year to interview the Notorious Cartel leader for Rolling Stone magazine. They claim they kept the meeting secret from authorities. The Mexican Police say they knew all about it. Here to weigh in fred tecce, former federal prosecutor. The big question he knew where a fugitive was. He met with him. He left. He didnt report it to anyone. He didnt tell authorities where el chapo does. Does he face any kind of penalty at all, sean penn . Im not a big sean penn fan. I dont particularly care for the guy or his politics, but at end of the day whether or not he broke a law. He knew where a fugitive was. He didnt obstruct justice. Didnt aid or abet in a chime called accessory after the fact. Having bad judgment and stupid things is until that is violation constitution i think he is free from prosecution. Melissa amazing to so many people. Here is this guy theyre hunting all over the globe for. I know. Melissa escaped twice, he claims credit for having killed or indirectly gotten killed thousands of people. Correct. Melissa he says, el chapo says and here knowing where he is when authorities dont is, you know there is nothing wrong with that. That is amazes. Right. Melissa but at the same time, so although i would say sean penn led them to el chapo some way indirectly,