to respond. melissa: my former professor, marty feldstein. david: i didn't know that. melissa: oh, yeah. what he sees major threats. david: did you get an a? melissa: i don't remember. david: we'll ask him. melissa: oh, no. david: sources telling fox news al qaeda followers and quote, multiple bad guys are among the 17 detainees that could be transferred out of gitmo. we'll talk about that. melissa: but first, stocks indecisive. [closing bell rings] crossing over unchanged line 60 times. barely in the green as closing bell sounds on wall street. here is where we ended the day. dow traded up 10 points. nasdaq looks like it will settle out lower. s&p is higher. really a mixed board, david. indecisive. david: at least the markets held with oil down. here is everything you need to know light now. president obama announcing major

changes in selling guns in emotional address. president's new executive orders aimed at stopping mass shootings wide-ranging guidelines for gun vendors. peter barnes with the details. peter, president actually shedding public tears. reporter: that's right, right, david. the president said his new plans will respect second amendment rights while respecting rights of in the victims to their right to practice religion, to assemble and their own happiness which they could lose because of gun violence he said. among other things, the president plans to all commercial gun sellers to get a federal sales license, do background checks which might stop smaller private sales of guns in secondary markets to close the so-called gun show loophole. the president plans to mandate, dealers who ship weapons report if they are lost or stolen in transit. asking congress for another half a billion dollars for mental health services.

he ordered fbi to hire 230 more examiners to conduct background checks. the president says hopes the plan will help stop shootings like the one at a school in newtown, connecticut, in 2012. >> every time i think about those kids, it gets me mad. by the way, it happens on the streets of chicago every day. [applause] reporter: republican leaders said they plan to make sure that the president's moves comply with the constitution and the republican head of the house subcommittee that approves funding for federal gun control said he will use his power, the power of the purse to block the president. >> i will not permit the department of justice or atf to spend any of our hard-earned tax dollars to interfere with our second amendment rights. reporter: the national rifle association of course weighing in today the president's new

plan would not have prevented any of the gun violence he cited in his announcement today. david? david: peter barnes, thank you very much. melissa, we need debate on this. melissa: yes, we sure do. the president using executive power to implement gun control but he didn't leave congress out of the address. >> the reason congress blocks laws, is because they want to win elections. if you make it hard for them to win an election, if they block those law, they will change course, i promise you. melissa: here to weigh in congressman kevin brady vice chairman of the joint economic committee and congressman elizabeth etse, house gun violence protection task force. congressman brady, that charge was leveled against you. what do you think about that? >> gun violence is real in america. nothing will change as long as president keeps ignoring mental

health care and those challenges, focuses on targeting responsible americans, law-abiding citizens who truly want to protect themselves. melissa: you ignored -- hang on. he said you ignored the last measure. >> let me make this point as well. melissa: that he put forward to win votes. talk about that directly. >> when the president had the white house, democrats controlled the house and senate his gun control measures didn't go forward either. the real reason the president's trying to circumvent congress here is that these are outdated, inefficient. they won't be effective because they don't go to the root cause which is the mental health care challenge in this country and president is serious, about that solution i guarranty you republicans will -- melissa: i'm not sure you heard my question. i want to go on congresswoman etse. you think the reason why the laws are blocked to win votes? did you hear what the president said directly and how do you respond to that? >> i did hear what the president say, my answer to my colleague

here and all my colleagues in congress if you think it is okay that 30,000 americans a year are dying through gun violence do nothing. but the truth is, we have a problem in america. we need to work together in bipartisan way to address that. to do we actually need to keep guns out of the hands of people who shouldn't have them. that includes felons, not only mentally ill. we have a lot of work to do together. we the american people to support candidates who are going to vote for meaningful change. melissa: responding to what you're saying criticism of what has been proposed today it doesn't address those deaths you're talking about. look specifically, for example he talked about the streets of chicago and people that are dying there. you know he is talking about illegal weapons there. that are bought for 75 or $100 on the street. i don't know how anything he did today, congressman brady, would address that. >> it doesn't. that is the whole case. look republicans and democrats agree there is too much gun violence, there is difference between doing something, and

doing something that works. that is our argument. let's to to the heart of this which is too often in mass shootings mental health care challenges. there is to mental health care system in america. so trotting out the same tired old solutions that frankly the whole country has rejected won't make us an ouncesafer. that is our point. melissa: congressman etcy he added on couple things. trying to expand obama care to cover more mental health issues and trying to hire more people and go out and do background checks to work for atf. do you have money for that? how do you pay for that. >> we'll need help across the aisle. i will take my colleague at his word. i look for kevin to step you and republican colleagues to vote for additional money for mental health services. 2/3 of deaths are suicides. if we want to stop that we'll need more money. it is not enough to have health insurance. you need to have providers to provide the service. melissa: who accept obamacare.

that is one of the biggest problems. >> that is an issue. melissa: thank you. both of you. david. david: power of the purse. it will come down to that. more nations cutting ties with iran. world leaders calling for calm as tensions spread all over the middle east. fox news's john huddy is in jerusalem with the latest. john, the whole area seems to be falling apart. reporter: it is. this is a situation that could certainly have very serious disasterous even repercussions throughout the middle east. we're already seeing some of the repercussions at this point. today, to give you kind of an update what is going on, iran's president rouhani basically charged saudi arabia with the crime of executing the shiite cleric. he was executed along with 46 others in saudi arabia, sparking violence and an attack on saudi embassy in tehran over the weekend. in response, saudi arabia cut

ties with iran, expelling iran's ambassador and diplomatic mission. and also now we're seeing other sunni-controlled companies or countries following saudi arabia's lead. bahrain severed ties with iran. u.a.e. downgraded diplomatic relations with iran. kuwait announced it would pull its ambassador from iran as well. they are siding with saudi arabia against shiite-controlled iran. protests are continuing yesterday in tehran, baghdad and also bahrain. the concern this will further fuel sectarian violence in the middle east between sunnis and shiites, also jeopardize peace talks to end the civil wars in syria and yemen. keep in mind, that both iran and saudi arabia have been on opposite sides of the fighting in those two countries, in syria

and yemen. syria's u.n. envoy said today, that tensions between iran and saudi arabia should not have negative impact on upcoming peace talks later this month. well that remains to be seen but what we are seeing clearly is a situation that seeming to worsening by the day. again it could have major financial, economic and political repercussions throughout the middle east. it is a very serious situation at this point. david: john huddy, great stuff. thank you very much. here with reaction, captain chuck nash, fox news military analyst. captain nash, the u.s. saudi relationship has been very strong over the years. it had bumps after 9/11 but very strong alliance, second only to israel in the middle east. are we putting that at risk now because of great concern the administration has about the iranian nuclear deal? >> i think what happened, david, is that we he switched sides in war on terror.

used to be we were with gulf arabs and they were with us and it was against iran because they took down our embassy and held our people captive back in 1979. iranians have been killing americans around the world. our embassies in africa and of course providing ieds and other technology that killed americans in the war in iraq. david: let me just get it straight, captain. you're actually saying that we now side, not with the saudi arabians who at least publicly say they're our allies but we side with a nation over the saudis who say they want us dead? >> that's precisely what i'm saying. i am saying there has been a calculation where we are now backing iran. we've made unbelievably stupid and reckless deal with iran on the nuclear issue. the gulf arabs are looking at us. they no longer trust just likes egyptians no longer trust us. the russians are getting a great foothold in the middle east and southwest asia because they see americans are withdrawing. it appears we have chosen iran

to be the dominant power in the gulf. david: let me see, captain, nash, how far we take this if, god forbid iran attacks saudi arabia, not out of the question. they have gone after other areas, other regions very close to saudi arabia. if the saudi arabians attack would we come to their defense against iran? >> i think we would stay out of it. what's happening now is with the fomenting of shia-sunni, already -- i mean this has been going on since the death of muhammad in 632. now it is really, really precarious. if this thing goes back and forth a couple more iterations banging the tennis ball across the gulf, instead of proxy wars, if a hot war would break out we would stay out of it and remove our military assets of the gulf so they wouldn't be in the way of a hot fight. david: there is a hot fight

coming, is there not? >> there is potentially a hot fight coming. i think what is going to happen is, iranians will push hard for nuclear weapons. once they have them, they have the checkmate device unless pack stan anies -- pakistanis sell nuclear weapons and provide them to the saudis and you can bet your bottom dollar they are working on right now. saud saw paid for 60% of the pakistani nuclear program. they may have a bomb for all we know. captain nash, good stuff. thank you. melissa: an armed militia occupy a oregon federal refuge despite orders from local law enforcement to leave the area. the members of the militia say they will stay quote, as long as it takes. we have the latest on the developing situation. what is the latest, dan? reporter: hi, melissa. the stalemate continues even as opposition to antigovernment

activists grow in harney county. the local sheriff said in no uncertain terms time for him to go. he said the peaceful protest ended when they took overthe federal complex of buildings. he was joined by the chair of the county board of supervisors. ammon bundy held a news conference said they have support from local ranchers negatively impacted from government overreach when it comes to federal land management. bundy says he has a plan. it was vague and he took no questions. >> it is our goal to get the logger back to logging. to get the rancher back to ranching. to get the miner back to mining. the farmer to back to farming. and to jump-start this economy in harney county so they can see their roads again filled with, with industry. reporter: the nearest town is burns.

it is about 30 miles away from here. they had a rally for the hammonds, who were put in prison yesterday. we noticed an increase in law enforcement at a command center located in a school building. no school because they have been canceled, all classes for the week. no heavy vehicles. but a lot of different agencies. according to a source about 20 federal agents. they seemed content to wait this thing out. we spoke to a lot of people who live around here. almost all of them view the activists as outsiders who make really good points but went too far. a community meet something scheduled for 4:00 tomorrow afternoon. that will allow the people of harney county to vent their frustrations about this on going protest by some people who again, as i said they're now vowed as out-- viewed as outsiders make good points about government overreach and langment by the federal government. a lot of people do not support what they're doing out here. melissa. melissa: what an interesting story. dan springer, thanks so much for the update.

bracing for impact, the worst weather system in 20 years is reaching its peak with a barrage of storms set to drench the west coast for weeks. david: it is cold here. in the teens in new york. donald trump defending the lack of details on foreign policy saying voters want him to stay unpredictable and not say exactly what he is going to do. really? david: our panel weighing in on that. melissa: sources telling fox news that al qaeda followers and quote, multiple bad guys are among the 17 detainees transferring out of guantanamo bay as early as this week. >> i assume that they were detained for a reason and i further assume that there's no way the secretary of defense can certify that they're not a threat. look at the folks who have been released in the past. have they gone back to terror? have they started bridge clubs? are they volunteering in after-school programs? it's a . kind of like ordering wine equals pretending to know wine. pinot noir, which means peanut of the night.

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melissa: 17 detainees expected to be transferred out of guantanamo bay as early as this week. sources tell fox that some have ties to al cade. fox news's catherine herridge has details who these prisoners may be. catherine. reporter: things, melissa, good afternoon. fox news was told 17 detainees who could be released this week, said that the men are significant terrorists. the state department had nothing to offer on the men. >> i don't have any, any transfers to, any pending transfers to speak to. i just don't. reporter: a source who has seen the list of seventeen detainees told fox the administration will not identify men before they are transferred out of detention camps to the home countries

knowing who they are in advance could delay or transfers process. the obama administration has a better transfer process than the bush administration on the transfers. the transfer of the ibrahim qozi is a bit of a heartburn. he is senior deputy with al qaeda. according to a propaganda video, leader ofmost dangerous militant leader in yemen. republican congressman trey gowdy questioned the administration's assurance. >> if they were detained for a reason. and i further assume that there's no way the secretary of defense can certainfy they're not a threat. look at folks who have been released in the past? reporter: once the seventeen detainees are transferred out the camps only 90 will be left. taking below the magic number of 100 that has been a primary goal for the white house. the vast majority that remain

are in military trials or subject to what they call indefinite detention. there is not enough evidence admissible court to prosecute. there but there is too much evidence of terrorist ties to release or transfer the men, melissa. melissa: wow, catherine herridge, you said you were not kidding they have nothing to offer. see you later. >> clam slamming the book tells you all. >> the visual. david: maybe better news in the world of sports. owners of three nfl teams setting their sights on l.a., san diego chargers, oakland raiders and st. louis rams, all filing applications to relocate to l.a. next year. a plan that's leaving a bitter taste in the mouths of fans and players. i spoke to former rams wide receiver isaac bruce last week about the potential move. >> foundation there started in 1999 i think should remain and we should build upon that. david: all this sets the stage for the climactic owners meeting

to decide which team or teams, there could be two moving to l.a. could make the move. applications will be presented at next week's league meeting in houston followed by a voight. an important decision, melissa. melissa: it's a new year but there may be old threats lurking. marty feldstein joins us next with his list what to watch out for in 2016. the power of television. one popular netflix documentary has thousands calling for exoneration of a convicted murderer. more on that one coming up.

melissa: the president's 2016 priorities is gun control but that may not be one of biggest threats facing nation here. martin feldstein, harvard economics professor. he is watching four major geopolitical threats that could affects u.s. and global economy. he joins me now. what i love about this article you point out four things not at top of people's lists.

for example, you highlighted conflict between shia and sunni muslims as greater threat than isis. how so? >> well, isis is a very serious threat. i don't mean to down play it. but the shia sunni threat is at level of states, at the level of governments. we see it playing out nows. i mean i wrote that piece about two weeks ago, but we see it playing out now between iran and saudi arabia. and the shias and sunnis hated each other for more than a thousand years. and the shia, which is what the iranians are, felt they have been getting the short end of the stick. melissa: yeah. >> sometimes they have been beaten with the stick. melissa: right. >> so they're, you know, there is a lot of enthusiasm for revenge. and they have their proxies, hezbollah and others.

so -- melissa: you really see that coming to a head. >> not necessarily. i'm not saying, indeed the risk was high on that list, not prediction. melissa: let's be precise. i like that. thank you. one. other threats thaw highlighted was putin and russia. >> yeah. melissa: you made the point that with the price of oil falling, he is still very much extending himself around the world and his power. and a lot of it has to do with keeping everybody at home very impressed with what he is doing. that become as precarious balance as he is forced to press out further and further. who do you think is candidate best set to deal with him? >> i don't think we have an answer to that question. melissa: is that none of them or you're not taking my bait? >> well, i don't, there are two separate questions. who would i like to see as president and -- melissa: we can deal with that. >> you know it is not a question of just dealing with him. just a question of having u.s. military posture which is much

more substantial, much more impressive, than we've had for the last several years. we've been shrinking the defense budget. we have been backing away from obligations. nobody knows whose side we're on in lot of things. that is what the next president has to do. melissa: that causes risks to the global economy among other things. >> yes. we saw putin again since i wrote that pieces saying, nato is his enemy and nato trying to contain russia. he is trying to play how strong he is. we have to be leaders standing up to that. melissa: two other threats. you talked about china. their gdp is rapidpy growing than the u.s. because they have many more people out there at the same time. they can use the gdp in order to

exert military influence around the world. capital and weight to throw around so to speak. we're running out of time, number four was the cyber threat, cyber attacks. >> right. melissa: that kind of trumps it all. >> it does in a sense because people worried about have they stolen my i.d.? have they taken my social security number. much more important is will we have cyber attacks which try to shut down our power, shut down our water supply, shut down air traffic controllers. that is something that not just foreign powers but also non-national states who wish us ill could do. melissa: yeah. marty feldstein, my favorite harvard professor. good to see you. >> good to see you here. melissa: david? david: marty did she get an a. melissa: of course i did. david: he still has your papers somewhere. republican establishment striking back declaring show time is over in fight to win

back voters from outsider candidates. also be your own hero. why mark zuckerberg believes young girls don't have to date the nerd. they can be a nerd. melissa: harvard dropout right there, right? david: yeah.

david: fight is on for 2016 with less than a month before voting begins, established candidates fighting against outsiders. governor chris christie said

show time is over. >> show time is over, everybody. we're not electing entertainer in chief. showmanship is fun. but not kind of leadership that will truly change america. david: here to weigh in, brad black man, recall gw bush former deputy assistant, marjorie clifton, former consultant of obama campaign and dan henninger, of "the wall street journal." "the wall street journal" today featured this piece about the best insider for those kind of drawn to the outside. a lot of republicans drawn to the outsider but not kill willing to go the distance. sort of labels chris christie as that character. do you agree? >> a little hard to say who will be best best but chris christie in line with his persona. he is one guy taking it on directly. and he is not shrinking from the fact he is professional politician and insider.

he is making argument given state of the world and state of the economy it is not amateur hour. christie making a very strong argument that the republican party has to figure out a way to unify or it will lose in 2016. you have to give him credit at least stepping up to the plate to take these subjects on. brad, you'res blocks sy in this segment for the republican establishment. what happens in if fact trump wins nomination. will folks like you and karl rove and other establishment republicans ever endorse him as presidential nominee? >> probably not. it will be a fractured party. david: wow. that is a very powerful statement. i don't want to let that pass. so even if he is elected the nominee, you would pull back and say i could never vote for this guy? >> that's right. i don't think trump is ready for leading the most powerful nation on earth. whether it is the economy. whether it is foreign policy,

national security. he is great at building buildings but as far building a country, maintaining it i just don't see it. i got to tell you, there is no way i could support hillary if of course she is not indicted or another democrat. that is not going to happen. david: you can write my name in. just write david asman. >> i would consider that. david: marjorie, hillary has a new trump plan, not only republicans have new trump plan. hillary has a new trump plan. she was asked some trump, some reiteration of what trump said. here is what she had to say. i've adopted a new years resolution. i will let him live in his alternative reality. i'm not going to respond. i'm wondering does this mean she is dropping her sexism charge against trump? >> i think she is dropping energy anyone is expending going after trump he is self-imploding at moment. to the point i think most of establishment republican members

are saying, he is not one of us. it is not helping the party. i whole-heartedly agree the party does need to unite in order to be successful. i think democrat strategy is to sit aside, let's see this play -- david: hillary for a while was trying to tread there saying he was sexism. you came out and used sexism against me and use it against bill clinton. seems now she is pulling back. >> it is losing prospect to try to go head-to-head with him. he is doing himself a favor of again showing there is no real there there. he is great bully but not a good debate ir. david: seems like he worked in that faceoff. donald trump says voters want unpredictability. here what he said whether he would take military action against iran. i will do what is right. i will not tell you what to do.

president says we'll get out of iraq such and such a date. everybody pulls back. as soon as they go pack. we want to show unpredictability. >> don't voters have a right to know -- david: dan with the world falling apart in so many ways will voters except, quote, unpredictability how candidate deals with the world? into that is the question of the moment. someone with terrific political instincts, whatever else you may think of him, bill clinton, he said over the weekend i don't think anyone ever run for the job the presidency at a moment of greater importance. even bill clinton understands that barack obama has left the world in a state of chaos. now i don't think that a presidential candidate should necessarily have to say explicitly whether he will take military action against iran but getting to the point where it is kind of a contest between persona and substance and i do think donald trump is now moving into his own where he will have to show a greater grasp of substance and going to reassure

voters getting close to the primaries. david: i want to skip over brad and marjorie. marjorie, to what extent does hillary clinton former secretary of state have to deal with some of the chaos we talk about every day going on in the world right now? >> well in the same way any other candidate does -- david: no, no. there is not another candidate who was secretary of state. she was responsible for some of the foreign policy that has led to where we are now. how does she deal with that, considering how bad the world is right now? >> well in some ways i would say actually equips her well because she is known, nuances as there are many, especially dealing with issues in the middle east that led us to this point today. some of this is historical goes beyond even the obama administration and bush administration. so i think it is again unpredictability part is what scares me. you want predict act of knowing what has worked and what hasn't -- david: i would like predictability. brad, they're giving me a wrap. will she be able to run away from this?

will she have ownership what is going on in the world? >> you bet she does. she joined at hip with barack obama. she didn't act in a vacuum. she was his secretary of state. there has never been disasterous foreign policy and that's why we can't hand this election to hillary clinton. >> great debate. marjorie, dan, appreciate it. tune into fox business, thursday, january 14th, mark that in pen on your calendar. maria bartiromo and neil cavuto returning as moderators for fox business's second gop debate. you don't want to miss this. melissa. melissa: mark zuckerberg starting new trend sharing powerful advice for women, saying she tells her granddaughters to date the nerd in school because he might turn out to be the next mark zuckerberg. his response was quite moving. for all details deirdre bolton joins us. were you moved by this one, deirdre. >> i certainly was. anybody who has children, we have to keep in mind, mark zuckerberg he is a new dad, a baby daughter, max, as of

november of last year already but essentially like you said, this grandmother saying tell my granddaughters to date nerds in school, the nerds, one of them, may be next mark zuckerberg. he has drop the mic moment. better yet, tell her to be the nerd. she may be the next successful inventor. words to live by. on more serious note, silicon valley struggling with diversity issues, facebook in particular, seven out of every 10 employees at facebook is a man. most of the big tech silicon valley companies the same. they're all trying to change that. big statement there from mark zuckerberg. we have to announce a proud dad, right? melissa: there you go. deirdre, thank you so much. we'll see you at top of the hour for "risk & reward." never miss it. david: torrential rainfall, warning of flash floods and mudslides, el nino storms target

west coast. your old homeland. melissa: that's right. shutting down parts of the mississippi disrupting everything from oil to infrastructure.

melissa: bracing for el nino. california expected to see more than a foot of rain over the next few weeks. fox news's william la jeunesse in malibu with the latest. william? reporter: well, david, and melissa, finally the first el nino storm of the season and hopefully beginning of end of california's four-year drought. that is the malibu pier. we have three major storms smacking california this week, today, tomorrow and thursday. we're hoping for about four inches of rain in l.a. typically we get three inches a month in january. hopefully two feet of snow in the mountains here in southern california, and up to 10 feet in the sierra mountains. that of course is the backbone of the state's water supply. currently snow pack is roughly about average, especially after

today. that's up from just 5% in april of last year. now we need that snow pack to melt in the spring and fill up the state's vest voicer which are dangerously low. now there is a downside of course. this rain will cause rockslides in the state's many canyons. all right there is a mudslide that has close ad stretch of the 101 fee way just west of los angeles -- freeway. that is heavily traveled area. in orange county, voluntary evacuation and in a wildfire area, silverado canyon. of course that dead soil simply can't hold water. the fear that the mud will clog drains, it will cause flooding and put at risk life and property. going forward, as good as this rain is, it's a drop in the bucket can. in 1998, for example, san francisco got 24 days of rain in january alone. l.a. got 13 inches of rain in january. that is basically typical for a

year. so, as good as this is for the beginning of the year, it is only a beginning. we need basically about 200%, double the normal snow pack to hopefully put a dent in the drought. that is it from here. probably by march, i will hate the stuff but today it is pretty good. of the. melissa, david back to you. melissa: go inside and stay dry. william, thank you. david: storms in the midwest crippling major industries as well. jeff flock is in henapin, illinois, with all the details. jeff? reporter: worst wintertime flooding, david, since recorded history. i come to you from the bridge of a tugboat here. these are ones typically move barges along the illinois river. this is the illinois river out here of the you see what is happening right now, that is not a whole lot of anything. because a 50-mile stretch of this river remains closed. in the last hour we just learned a stretch that had been closed

was opened up. so good news. but then another stretch that had been opened was closed because the levees there are in some danger of being topped. they're concerned if they set these boats with the tows and barges down there they might have a problem. so they're stacking up here. of course these barges carry everything from, you know, corn and copper and coal to fertilizer, pet, coke all sorts of industrial materials. show you some pictures. up to now the pictures are of the people, and homes unindated by the illinois river, harm underwater even though the water is beginning to recede. the focus is on businesses and on this choke of barges along the illinois river as well as along the mississippi as well because of high water. a lot of current out in this water. makes it hard to navigate these things. david?

david: really affecting business now. jeff flock, thank you very much. melissa: petitions to pardon a convicted murderer. coming up fox news legal analyst lis wiehl on the netflix documentary getting so much attention. she will weigh in behind the hype. anut of the night. anut 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 long-term injury, get medical help right away for an erection lasting more than four hours.

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david: whether wall street or main street here who is making news. guns and roses is making a comeback in coachella music festival. i'm told that is in california. that will be the first appearance together in two decades. you can sleep anywhere you want anytime. the company hypnos developed ad sleep hoodie.

it has inflatable hoodie that transforms into pillow. they started kickstarter. they have already reached 3thousand dollars. -- $36,000. good luck to them. melissa: netflix series, of steven avery if you haven't seen this everybody is talking about. it is inspiring thousands of petitions calling for pardon of convicts. the 10-part series leaves out question whether steven avery was framed by law enforcement officials or outlines those questions. i think. here is lis weill, fox news legal analyst. let's get down to it. there are a couple of meaty issues here. so basically this is a documentary on netflix and they go through in great detail a man who was falsely imprisoned for murder. he was released. that was overturned. >> for rape. melissa: for rape the first one.

everybody felt like this poor guy he really -- >> poor guy, right. melissa: in jail more than a decade. >> 18 years. melissa: he was then later convicted of murder, totally separately. >> right. melissa: went back to jail. and this documentary is sort of raises the question, was that a fair conviction? or was this maybe reprisal from local law enforcement. >> because this guy actually sued local law enforcement on the other conviction. 3million dollars. you -- $36 million. there is potential of prosecutors, but the question that it raises is, misconduct. did they plant certain evidence? did they leave out things. melissa: okay. so this is where we are. people watch this. there is big outcry, whether accurate or not, this guy needs to get out of jail. he has been falsely imprisoned people signing petitions. it raise as question. this is documentary, folks. we don't know what the director and the producers put in, left out. they have no obligation to include everything. they are telling a story.

>> exactly. through the prosecutor you have a obligation to turn over the bad information for you to defense. you have an obligation to put your case together as best you can. as dock men tearian, you don't have to be fair and balanced or present both sides. you can pick and choose cherry-pick. people are getting upset that they left things out. it's a documentary. melissa: it's a documentary. so they're, everybody's heart is pouring out. they want to get the guy out of jail. at the same time you watched a lot of it. >> binge watching really. >> really is great. people are saying today, you can kind of see both sides of this. on one hand there were details, seems like maybe were left out. that is what the prosecutor is saying that he maybe did it. on flip side of that the theory of case seems not to be remotely accurate. supposedly this woman was killed in a shed. there was blood everywhere. they never found a drop of blood. he could have cleaned up everything. >> right.

melissa: so to net-net what does that mean? >> bring up one other thing. the confession by the nephew. nephew is really emotionally impaired basically, very low level. melissa: we watched confession. it is really sad. he has no lawyer. >> doesn't know what he is confessing to i believe. you have that in there. but with where it brings us now is, people say, pardon, this was a state case, not a federal case. so president obama even can't pardon a state case. just -- melissa: no way, no how? >> there is hope if he can show through the documentary there is new evidence, or that he can prove true innocence. that will give him a new trial. melissa: lis, thank you so much. david? david: fascinating. meanwhile why is your baby crying? how do you get him or her to stop? well, we've got an app for that. you want to stay tuned.

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>> there is officially an app for everything. infant cries translator claims it can tell why your baby is crying.

david: the new apsays it can different between four distinct crying sounds, hungry, tired, in pain or wet diaper. >> i made excuse for this. i could have used it last knight. 1:00 in the morning baby crying. oh, well. went back to sleep. david: risk and reward starts right now. >> we don't beat bad guys by taking our guns. we beat bad guys by keeping our guns. i will rescind every executive order barack obama has entered. >> you're supposed to cajole, get people in a room, deal with them, you have republicans, democrats, all these people, they get elected to do this stuff. you're supposed to get together and pass a law. he doesn't want to do that because it is too much work. so he doesn't want to work too hard. he wants to go back and play positively. >> the right to worship freely and safely. that right was denied to christians in charleston, south carolina. [applaus