>> did you think about learning to juggle? >> i thought about shooting sparks up my butt. >> vote for that at the end there. >> he has a future on comedy circuit. >> that was not a scene from borat. we'll see you tomorrow. bye-bye. jenna: hi, everybody, we start with this fox news alert. we are getting word that a passenger plane had to make an emergency landing after a bomb threat. this plane was flying from islamabad, pakistan, to manchester, england, when it received a bomb threat over turkey. it ended up landing safely in turkey according to the

latest report from a turkish newspaper. but bomb teams are on site inspecting the plane. we have no idea how many passengers were on the plane. we just know a bomb threat and emergency landing and more developments to come. with that, good morning, everybody, i'm jenna lee. jon: i'm jon scott. we're here in the fox newsroom. happening now, developments in the deadly shooting rampage at a ihop in carson city, nevada. an fbi agent says there is no evidence of a terrorist attack. even though the gunman armed with ak-47 rifle seemed to target uniformed servicemembers before turning the gun on himself. jenna: before it was over five people were dead including three national guardsmen and the gunman. survivors are sharing the their store describing the horror inside the restaurant. >> heard firecrackers. it was too steady. we knew it was taum tick

fire then. we couldn't see the guy. he was standing next to the driverer's door. we didn't know where he was shooting at that time. but later on we saw the body next to the motorcycle. i guess that was the first target. and, he came out and from behind his car, behind our trailer out in the open and had his, automatic weapon up and through the clip out and through another one and walking towards ihop. >> all of a sudden the glass started to shatter and, my partners went under the table. and i stayed up and watched what was happening unfolding in front of me. and i noticed the gentleman had what i thought was a ak-47. and he was firing at five young national guards men. >> i wish i had shot him when he was going into ihop. but when he was coming at me with an automatic weapon, there was no thought of going out there to confront him, none at all. none at all. that, you just can't believe

the amount of round coming out of that gun. there was no way that i was going to pull up and try to shoot him. he had too much firepower. >> what he did to those people, they didn't stand a chance. they were just there for breakfast. jon: claudia cowan is live for us now in carson city, nevada. claudia? >> reporter: jon, the parking lot all around the international house of pancakes remains cordoned off by police as they continue their investigation. the big question what sparked yesterday's shooting rampage remains unanswered though we're starting to get a bit more information about the gunman in this case, identified as 32-year-old. eduardo seccion. an attorney who helped him file for bankruptcy back in 2009 and was shocked. way out of character for her former client. he had no criminal record. not even a traffic ticket. his family not saying much. according to federal

relatives they report he had a long history of mental illness though he wasn't a violent person or angry about anything as far as they knew. sheriff officials says he has no known links to the military. no known ties to the terrorist groups and did not appear to know the victims. 50 investigators are on the case including the fbi and atf agent who are trying to determine how sensesy i don't know had two assault rifle as a pistol. why he walked into the pancake house and fired at five uniformed members of the nevada's national guard. two men died yesterday. a third guard member, a woman died overnight. in all four people murdered, five dead including seccion who shot and killed himself. this is carson city's deadliest shooting. they held a candlelight vigil gill and flags are lowered to honor the victims. are are are concerns death toll could rise.

a woman shot outside the restaurant near a motorcycle had serious injuries, jon. she was shot in the head through her helmet and listed in critical condition. seven other gunshot victims are recovering from their injuries. we expect to get names and ages of all the victims in yesterday's shooting attack at a sheriff's department press conference coming up next hour. back to you. jon: sounds like moving more than insanity, really. >> well --. jon: claudia cowan, thank you. jenna: four people killed by devastating wildfires and a thousand homes destroyed in one of the state ace worst every outbreaks. people in the bass shop in magnolia say they escaped with their lives but not much else. >> we're waiting on information to see if our

house is still standing. >> it is devastating. we probably lost everything we worked for all our lives. even though you have insurance, it is just absolutely impossible to replace some things. and so it is just, it is, it is just more than a person can really comprehend. jenna: that certainly says a lot, doesn't it? we have a map for you i believe. firefighters responding to some 336 fires in just one week. we'll show that to you when we get it. let's find out what is happening on the ground. joining us by phone from college station, texas, april of the texas forest service. april, i read this morning one of the most devastating fires, bass strap fire is 30% contained. any information? >> we have lighter winds yesterday. they have lighter winds again today. they're getting in there and working hard on it. in addition to that we brought in a 12,000 gallon

dc-10 airtanker that will be activated friday morning. we do have a lot of good resources and expect to make good progress. jenna: on the resources with so many different fires burning and one of the most devastating years i should mention in texas history as far as drought and firefighting, how has this changed the way you are fighting the fires on the ground? are you even able to get to all of them? >> we really, we really can't do it alone. texas forest service only has 400 employees and we're a big state. so, we have called upon resources, and by resources, people and equipment and all kinds of things from across the country. and we depend on them to help us. and they're doing that right now. we've got thousands of people that are out there working on these fires. jenna: that's certainly good news. have you ever seen anything like this before? >> never. really in our lifetime there hasn't been anything like this in texas. we're in a exceptional drought. the grass is so delicate

right now. so the tiniest little spark, you know, something that doesn't seem like a big deal, grilling on your barbecue, outside can start a devastating wildfire. they're moving so quickly, it makes it real difficult for us to get in front of them. jenna: one of the things i've read from some of your interviews with the associated press and otherwise that you can not stress how quickly these fires move and how dangerous they can be to families that are at homes, that think the fire is far away but it is just moving so quickly, you can't get them out of there fast enough. >> they really are. you know, we appreciate you all in the media for helping us to get the word out. this is dangerous and heed the call to evacuate. it's important and, it can move quickly. you need to have a plan with your family. you need to talk about this beforehand and know what will you do if it starts heading your way. jenna: april, we appreciate the time. we know it is a busy morning to you. we look forward to you

checking back in and thank you for all your team out there. the texas forest service. >> thank you. jon: if only they had some of this in texas, the remnants of tropical storm lee being felt all the way into new jersey. the northeast is trying to get back to normal after it was drenched by hurricane irene. now it is dealing with another threat from lee. rick folbaum with the latest from the breaking news threat. >> would be nice to send water down their way. a double wham my for the northeast. lee hitting south with heavy rain and high winds and snapping trees and power lines in mississippi, alabama, louisiana and georgia as well. the storm's winds not only fueling fires in texas but churning up waves on the gulf shore of alabama, washing up tar balls. look at this. folks are looking at clumps. they're trying to see if it could be left overfrom last year's big bp spill. just as parts of the northeast are trying to get back to some kind of normalcy after flooding from irene, the leftovers from lee, now soaking the east coast. the tab for irene's damage, about $1.5 billion and

counting. flood warnings are now in effect through tomorrow for parts of pennsylvania and new jersey and flood watches have been issued for parts of new york state. on the bright side though, forecasters say the next hurricane which is now a category 2 storm, in the atlantic, should miss most of the u.s., which is welcome news for those of us who got socked the last week and a half. back to you, jon. jon: rick folbaum at the breaking news desk. rick, thank you. jenna: a fox news, is america's election headquarters. gop candidates preparing to debate in california tonight. each of them hoping to replace president obama in 2012. the new poll is showing former massachusetts governor mitt romney edges ahead of the president with 49% of the vote. and texas governor rick perry, also ahead with 47%. los angeles with more on

this debate tonight and everything else. hi, anita. >> reporter: hi, there, jenna. at this hour we still are anticipating that pick rememberpy will make the debate tonight here in california although that could still change because of wildfire situation in texas. we know that earlier this week he cut his campaign swing through south carolina short and even canceled an event here in california because of those massive wildfires in texas. as you mentioned earlier four people have died there meanwhile former massachusetts governor mitt romney was in nevada yesterday giving his first major address on jobs and the economy. he talked about cutting taxes and eliminating programs like obamacare. he promised his plan would put americans back to work. >> if i'm lucky enough to be president in the first four years this will grow the economy at approximately 4% per year, for each of those four years. it will add 11 1/2 million new jobs for americans. that's what i want to see happening. >> reporter: now today we're

expecting a rather quiet day on the campaign trail as the candidates are preping for the debate tonight at the reagan library the stakes are high as they will all try to make an impression on california voters as well as voters across the nation. assuming governor perry does make it to the debate, analysts say there should be a very interesting give-and-take between him and mitt romney. >> romney has to be aggressive. he has to be confrontational toward perry but he can't seem desperate or panicked doing so. perry, this is his first appearance on a national stage. he has show show voters he is calm and in control. he has to watch his language. he has to watch his rhetoric but he can't appear to be a necessary at that sized. >> reporter: interesting to note that brand new "l.a. times poll" here shows president obama is still very popular among california voters but those same voters are very disappointed with his handling of the economy and jobs. remember, unemployment in

california is just above 12%. it is a very touchy subject and one to come up at the debate tonight. jenna, back to you. jenna: we were supposed to be talking to presidentialal candidate jon huntsman later on the show. he just canceled because he has bronchitis. he is going to the debate. if you're going to the debate, vitamin c. just a word of warning. >> reporter: always. jenna: always good for a journalist. thank you very much. >> reporter: thank you. jon: we're teaming up with google to host a debate on september 22nd in orlando, florida. you can submit questions you want candidates to answer. not just in writing. we want your questions on video. hop in front of your web camp, shout out questions for candidate. up load your question and you can vote on which questions you want the contenders to answer. don't forget to tune into the gop debate hosted by fox news and google. september 22nd. jenna: new information on a

story we broke yesterday for you. the white house sharply decreasing the number of u.s. troops to remain in iraq past a deadline for their withdrawal. just ahead, lieutenant colonel oliver north on the security concerns that could impose a very dangerous place. bret baier joins us with that, jon. there is still a lot of talk about that. jon: ancient ruins and modern technology bring history back to life. we'll show you what a roman gladiator school looked like. >> also new details on the president's jobs plan to be revealed tomorrow night. how much it will cost and why are folks on both sides of the aisle already criticizing it? brit hume joins us next.

jenna: welcome back, everybody. we have a quick fox news alert for you. we have now our 13th named storm off the season. it is tropical storm maria. it is out over the atlantic right now. this is just now issued by the national hurricane center in miami. this storm is out a far in

the atlantic right now but already named maria. we're also watching hurricane katia not expected to hit land and stay in the atlantic. that is something we're watching as well. quite an active time. is that katia guys? this is katia that is expected to veer off into the atlantic. meantime our eyes are on tropical storm maria. again the 13th named storm of the season. jon: we are getting some early glimpses of the jobs plan that president obama will unveil tomorrow night in an address to a joint session of congress. it looks like it will rely a lot on extending expiring programs, and it comes with a reported $300 billion price tag. get reaction from brit hume, our fox news senior political analyst. brit, seems like a couple of centerpieces of this are an extension of the payroll tax cut and also an extension of jobless benefits for the unemployed.

i suppose, you know, one could say that next tending a tax cut, this president is acting more or behaving more like a republican. is that what he had to do to get this past congress? >> i don't think so, jon. seems to me this is kind of tax cut the democrats often like. it's a partial tax cut. it is aimed getting consumers to consume. it is not what you call a supply-side tax cut. i'm not saying it's a bad idea but i'm saying it is more of the same and the president has called a joint session of congress which make this is thing a very big deal no matter what the white house is doing now todown pray expectations and to announce extension ofing programs. more spending this is stimulus two or three, depending how you look at it. i don't know whether this will measure up to the occasion and the president's great need for some better and improved results. jon: yeah. we had our brain room take a

look at some of the past, actually the past six joint session addresses by presidents. there in a couple years ago the president asked for a joint session on health care reform. president bush famously addressed a joint session after the 9/11 attacks. and then on, in september of 83 president clinton talked about health care reform. two health care reform speeches. if you go back even further, president, the first president bush talked about the invasion of kuwait that launched the gulf war. and then president reagan addressing congress on the u.s.-soviet summit there in geneva. president carter on the salt ii agreements. these have all been fairly monumental events. does it seem like the president, i don't know, in some way, he has got the bully pulpit. is the proper use of it i guess is the question? >> he already has the bully pulpit. now he wants the sort of the

ultimate use of it in making a speech which i think to a lot of people, unless he has got some elements in here of some size, that we don't know about and don't expect i think it will be hard for the speech to measure up to the setting and to the sense of urgency that the white house is unmistakeably, inevitably, communicated by asking for this. and, you know, here, this is a plan, remember, jon, that he has had in mind since sometime last month but he clearly didn't think it was major enough or new enough or important enough that he couldn't put it off until after his vacation. so, you know, it is a little hard for me to how this works frankly. jon: if you don't have a job and millions of americans are in that condition, it is a very important topic but it seems like sort of an odd one for this kind of venue at any rate. >> you bet. jon: brit hume, our senior political analyst. >> thank you, jon. you bet. jenna: a russian jet crashes

after takeoff. we have brand new video just into your newsroom of this accident. we're learning a ice hockey team was on board. the death toll is rising. more on that in a moment. a troop drawdown in iraq. senior defense officials tell fox that the obama administration is cutting our troop strength to 3,000 by the end of the year. a lot of military commanders are reportedly concerned about this. we'll talk to lieutenant colonel oliver north. he will bring us his take next

jenna: brand new video and information just crossing our international desk right now. the pakistani taliban claiming responsibility for homicide attacks killing nearly two dozen people. bombers target a top military commander's home. another blast destroyed the

army chief's suv another blasted out his front door. they say the retaliation for attack on a top al qaeda leader there. another attack in india. a powerful bomb hidden in a suitcase exploding ripping through a crowd outside a busy courthouse in new delhi, killing 11 people. it is deadliest attack in india's capital in three years since the deadly mumbai attacks that killed more than 150 people. they say it is too early to name any suspects. our state department released a statement condemning the attacks. the united states extend its deepest condolence to those affected by the cowardly attacks. the people india demonstrate remarkable resiliency and courage in the face of, what language am i speaking here, jon. the in the face of horrific violence if i get out that statement for you. again the state department, condemning those attacks. we'll get more information and bring them to you. jon: more trouble in that part of the world. let's turn now to iraq and a

major shift that is sparking some concerns in washington and elsewhere. the troop drawdown, a story that we broke yesterday on "happening now" with bret baier, senior defense officials are telling fox news the obama administration has decided to decrease the number of u.s. troops left in iraq to 3,000 by the end of the year. after that withdrawal deadline that is coming up then. defense secretary leon panetta reportedly signing off on the plan but he is isn't saying anything about the numbers. >> we are in the process of drawing down our combat forces and i think the president has made clear that we will draw down our combat forces. all of our combat forces by the end of the year. the real question now is going to be, what kind of presence are we going to continue to have there? or are we going to continue to have a presence there? they have indicated, the iraqis indicated, president maliki indicated that he

does want to have some kind of training assistance, and so, the issue of what that will look like, how many will be there, is something that has to be negotiated with the iraqis. jon: lieutenant colonel oliver north, the host of war stories and a fox news military analyst joins us now. let's get this clear. the idea was that all combat forces, u.s. combat forces would be out of iraq by the end of the year unless the iraqis agreed to let some number of them stay. and the expectation was that quite a few of them were going to stay. the u.s. generals were thinking 25, 27,000 troops is the number they would like to have in iraq? >> in fact, jon, there are folks that are stunned over in iraq and at the pentagon because 3,000 troops is far too few to do anything significant at all. as usual, this is the kind of backward decision process that the but, that you get

from this administration. they have yet to define what is their current mission. the current mission for 43 to 46,000 americans out there right now is to train the iraqi security forces, provide logisticses support to the isf. to conduct special operations missions. to secure the bases, 43 of them right now being used by americans, allies and the iraqis and to conduct those isr missions, the intelligence, support and reconnaissance missions with those uavs. general lloyd austin wanted 27,000 as of last week. it was being cut to 10 and now we find out, might be 3 to 4,000. not enough. jon: yeah. what can you do with 3 to 4,000 troops? >> well you can't do that list of missions that i just ran through without an incredible increase in american contractors. we're being told here that this decision is being made to, for optic purposes. in other words, we want it to look right for the iraqis and for the political base and democrat party. and, they want to save money. well if you're going to

replace u.s. troops with contractors, it is going to cost you more. and the only folks that are going to love that are the iranian ayatollahs who have to be short telling over this decision. jon: august was the first month in a long time there were no fatalities among u.s. troops in iraq. clearly the security situation there is on the upswing. you know, i suppose the administration could argue, hey, things are rosy there. we don't need 43,000 troops anymore? >> well, having spent a lot of time out there with our troops, jon, you don't make a trend in one month. we had the bloodiest month in two years in june because americans were being killed by iranian supplied rockets and ieds in the country. no one is really dealt with that part of the problem. stuart bowen said last month that iraq remains extraordinarily dangerous place and it is less safe than it was a year ago. he is the special inspector general. talk all of this is being done for political optics.

let me give you a political optic. 40,000 americans running for the border in 90 days. that's what it would take to make this happen. it is going to scare the dickens out of our friends in that part of the world. jon: provide a vacuum for iran to fill you think? >> exactly. jon: all right. is there some sense, you know, president obama has been taking a lot of heat from the left, about his decision to surge troops in afghanistan. do you think that this is perhaps his way to placate those critics saying -- >> oh absolutely. that is the political optic part of this whole thing. this gets it down to a level quote acceptable. even diane feinstein today is saying this is few -- too few troops to do anything. i hate to agree with dianne feinstein on anything but she is right. jon: thank you, lieutenant colonel oliver north. jenna: parts of the east under water from the two storms. there is a new tropical storm on the horizon as well. maria, the 13th named storm

of the season. janice dean will be here to tell us what impact it could have on the is, next.

jon: well, hurricane lee barely gone and now we are looking at tropical storm maria, the 13th named storm of this atlantic hurricane season. you can see it churning out there, well out in the caribbean. that is never a good sign because it means that that storm has a lot of warm water to cover

and gain strength. where is it headed? we're not exactly sure at this moment. tropical storm maria out there, though, janice dean will be along a little bit later with an update. jenna: well speaking of stormy, we are watching the market today. overseas trading somewhat better today after a rough few days after a german court ruled that germany can bail out other troubled euro-zone countries. there are growing fears over the possibility of bank failures and the potential domino effect in european here at home. we called it credit contagion, is it going to happen again. ashley webster is here. are there real true fears about major failures over there? >> the problem is we get this move along folks there is nothing to see here. there is something to see, it's the great unknown. that leads to a lack of confidence. ironically european banks were actually prompted by their

financial regulators to by sovereign date as a show of good faith in the eu area as a whole. they never considered the fact that the countries could default on the debt. they have huge exposure. e regulators have done stress tests on european banks. no one took them seriously. there is a concern that the level of exposure of the big banks especially in france and germany are such if there is a default with greece, portugal, any of the other weaker southern economies they could be in big trouble. jenna: with germany being approved to come save somebody or some institutions of some countries might calm the markets a little bit. >> it may calm the markets. in the court ruling they said, yes it's okay to go ahead and bail out greece. but in the future you may have to go through a parliamentary vote and it has to be approved by parliament. that puts a whole different spin on it.

jenna: time is of the essence, right? >> absolutely. u.s. banks have $678 billion worth of exposure to european banks either in direct or in direct exposure. we don't really know the bottom line. that is the problem for investors in the markets, they are nervous, what if? is italy man brothers all over again. lehman with us a small bank. we know once they went under credit lines became frozen, no one would lend to anyone. it was a shock around the world. this is the problem about the european banks. jenna: something we will continue to watch with so many ramifications. nice to see you as always, ashley webster there fox business, jon. jon: fox news alert, jenna, and a passenger plane flying from islamabad, pakistan to manchester england was forced to land after some kind of a bomb threat came in. take a look at brand-new video of the scene. a boeing triple 7 jetliner, one of the largest airliners flying

had to be evacuated in turkey after it made that emergency landing. again, no information about whether anything was found on board. bomb-sniffing dogs were dispatched to the plane. the threat was taken very seriously, obviously, that is the pakistani airline logo that you see on the side of that big boeing jetliner. it is on the ground safely and has been evacuated after that bomb threat. coming your way on "happening now" more on the deadly wildfires raging for days in texas. firefighters are making a major push now after extreme winds finally calm down. >> do not talk about fight clubs. the second rule of fight club is you do not talk about fight cl club. third rule of fight club, fight is over.

fourth rule only two guys to a fight. fifth rule, one fight at a time. jon: the mysterious fight club has nothing on this. a real life school for roman gladiators uncovered in europe. we'll talk to the archaeologist who made the incredible find.

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jon: developing stories we're keeping an eye on in the newsroom and from our control room, new pictures coming in from the brutal crackdown on anti-government protestors in syria. that gunfire you hear in the background here as the amateur video shows streets deserted and shops closed. syrians are too afraid to go outside because of all the violation. a russian jet carrying a top ice hockey team from the country including former nhl stars

crashes taking off northeast of moscow. this is new video coming into the newsroom, dozens are dead, two survivors left critically injured. the white house now considering short term financial help for the postal service by delaying an upcoming multibillion-dollar payment the agency needs to make to the u.s. treasury department -- they'll delay that i should say by three months. jenna: that's what you do on the weekends, right, jon? jon: just for sport.

jenna: when you saw the tiger you thought it was all over. movies like gladiator, spartakus, now this major discovery from a place you probably won't expect, the well preserved ruins of a roman gladiator training center in austria of all places. this is animation of once it once looked like in an ancient city east of srao vienna. an archaeologist discovered this. wolfgang, how did you find this? >> actually, we get some information from aerial photograph, then we put a ground penetrating radar system on top of the spot and made a very high resolution, three dimensional image of this. something like you have on a computer, then came all this

well preserved walls and all this different internal structures, the remains of flow heating systems. the most important thing was the training arena in the center of this building in the court, and in the middle of this training arena there was a pole and that is something that we know from roman literature, from mosaics, this is a pole where the grad kwraeuthe gladiators trained. jenna: you did not dig this out, you actually found this through radar. when you look at what you found, what does it tell you about the life of a gladiator in training? >> well, okay, you see this very detailed picture shows us the area of this pool of gladiators was about more than

11,000 centimeters. the point was that this was quite like a prison. so there was a central area where they go in, there was a big arch-like structure that came into a court. there were two courts use -d f used for the sale of gladiators, it must be 40 to 60 gladiators which are actually living there. on the other side there was a training hall which was heated. in summer the temperatures might go up to 40 degrees celsius, but in the wintertime it could go to minus 25. the heating of the training hall is very important. jenna: that's so interesting to find out there were heated floors 1700 years ago. why as you tremendou austria? we think about rome, why were they trained in austria?

>> this was the fourth largest am pe amphitheater in the whole empire. during the wars against the german tribes north of the danube there was a lot of troops actually which were stationed for more than ten years, and there was also marcus arrealus living there for a longtime. and there was the capitol of the province. jenna: it's interesting to see the animations and see it recreated before our very eyes. wolfgang thank you so much for joining us telling us a little bit about that. we'll put some of that animation on the pictures on our web side foxnews.com/"happening now." interesting stuff. jon: love that.

fox news alert a second plane has been grounded by the pakistani airlines. we told you a moment ago about the flight from islamabad to manchester, england. that has been grounded in turkey. a second plane has been grounded as well in kuala, lempur. as far as we know nothing was found on the first plane grounded. we don't know if they have found anything on the second plane. we will keep you updated. ten years to the day after the 9/11 attacks we are reporting on a critical mission born out of that tragedy. 24 hours a day, seven days a week pilots are on watch ready to defend the nation's skies. we rode alongside them to see how they do it. also, check out this video the most dangerous position on this team was played by the girl holding the pom-poms, the full

video just ahead. looking good! you lost some weight. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories.

since the 9/11 terror aeu takes, air force and air national guard fighter pilots sit at the ready, around-the-clock prepared at a moment's notice to are defend our homeland against another attack. they are part of the noble eagles. rick leventhal got a chance to ride-along with the brave men and women. he joins us now. >> it was just last friday that

we heard about a suspicious aircraft flying in restricted air space near the presidential retreat at camp david. f-15 jets were deployed to scramble that plane. they could have if there was a real threat shot it down. that's what these men are trained to do, watch. >> turn right immediately. >> reporter: this is a demonstration of operation noble eagle. f-15 fighter jets defending american air space against unidentified aircraft, a mission prompted by 9/11 to prevent another terror attack from the skies. >> we are on alert here, 24--p, 365, we are ready to go at a moment's notice. >> reporter: these jets can be scrambled within minutes from their base in massachusetts and minutes later be over new york or boston ready to fire, if necessary. this jet was not armed for our orientation flight, but if it was scrambled for a perceived

threat it would be fully loaded with air to air missiles and nor lea thousand rounds in a gatlin gun. >> it's still king of the air, it's undefeated. >> reporter: there are 18 bases across the u.s. supporting operation noble eagle operated by state national guard units, many of the pilots zoned combat veterans who say they are proud to defend the homeland. >> nobody has forgotten 9/11, that is in the back of everybody's mind. we take it very seriously and we are prepared to respond at a moment's notice. >> reporter: the pilots are on alert 24-7, 365 and say that the deterrence factor may be just as effective as the weapons they carry on board, jon. jon: rick leventhal in our newsroom, thanks. jenna: fox news alert hearing from the pentagon that the pentagon says it is raising its level of alert at u.s. military bases ahead of the 10th anniversary of 9/11. the pentagon saying this is not a response to any particular threat but they are doing it as

a precautionary measure. more on that as we get it. in the meantime a football coach will tell you you've got to keep your head on a swivel. one cheerleader learning that the hard way. in south carolina junior rallying the crowd you can see when she becomes the center of attention for the wrong reasons, a wide receiver crashing into her on the side lines, taking her out. she says she never saw this coming. >> i have never been tackled, and i would never recommend for anybody to be tackled. i heard my name being called but i wasn't paying attention, and then when i looked at the guy then he just came and swept me off my feet. i forgive you, it's okay. it really is. >> you got framed. jenna: she didn't have any padding on. she survived just fine, so i'm thinking maybe she should play, you know instead of just cheering, right? jon: and give credit to the player, you can tell he's trying to tackle softly. jenna: oh, come on, all right, jon, i don't know. jon: he is. jenna: glad everyone was okay,

no injuries. the game went on. jon: good for them. there is some court action to tell you about in the case of amanda knox the american student convicted in italy of killing her british roommate. at issue is the forensic evidence against her. now an appeals court makes a key ruling in that case, we are live with that story. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

>> fox news alert. major developments on big stories we're following here at the assignment desk. this is where all the video comes in. all the news we look at it and bring to you. couple big stories. this is the site after press conference about to get underway. carson city nevada site of the mass shooting where five people were killed including the shooter at an ihop. we'll monitor that for you. look at the scene in texas. wildfires destroying thousands of homes and vehicles as well. we have live reporters on the scene.

we'll have a reporters coming up in a few minutes. this story breaking out at the nation's capitol. a crane collapse right outside the national cathedral outside of washington, d.c. nobody on the crane and nobody injured. we're thankful for that. we're told the building was not damaged. this is some of the stories we're following for you. the second hour of "happening now" starts right now. jenna: we start the second hour of a news alert with dozens dead in a plane crash in russia. hi, everybody, we're glad you're with us. i'm jenna lee. jon: and i'm jon scott. the soviet-era jet crashing after takeoff. the skies were clear and sunny. the plane was taking a top hockey team from russia when it went down 150 miles north of moscow. peter goulds former director of national transportation safety board. he has investigate ad lot of air accidents. the russians have one of the worst safety records in part

because of that type of plane. huh, peter? >> well this is a an old soviet-era aircraft. it is look-alike to the old boeing 727. a trimotor, triengine intermediate jet. you're right, the old soviet-era manufactured planes, the tupolvs have a dreadful safety record. jon: this was a ya k4 2. it was a fairly recent vintage one made in 1993 but there are some design problems i guess that go along with that aircraft. i'm guessing you probably haven't investigated any yak 42 crashes because they typically use them in the former soviet republics? >> that's right. these planes were almost exclusively purchased by the old client states of the soviet union. so, it was part of the deal. if you were taking soviet aid you also had to buy their aircraft. the only good news about the

this is, that the russian investigative agency, the equivalent of the ntsb in russia, is really quite professional. they will get to the bottom of this. but, you know, this kind of accident, with the kind of weather, the first thing you're going to look at, was the plane configured to takeoff? were the slats down. were they ready to go? that is where it is going to start. jon: there were actually two survivors as we understand it. one hockey player and perhaps one crew member. it is absolutely amazing to me, give the fire that you saw and the impact speeds, even from a plane that is just taking off, amazing that two people survived? >> it is extraordinary and really the luck of the draw, how the plane breaks up and where you were sitting. there is no safe seat. it is simply is, it simply is fate. jon: well, it is apparently one of the worst accidents involving a professional sports team. more information yet to

come. peter goelz, formerly with the national transportation safety board. pete, thank you. >> thank you, jon. jenna: back closer to homes the lone star state is burning and more than half of the 1,000 homes lost in the worst fires texas has ever scene, torched in one massive wildfire near austin. a wildfire, firefighters say already has claimed two lives and obviously threatening many more. kris gutierrez is live from bastrop, texas, with more on the ground. >> reporter: hi, jenna. members of task force one, an elite search-and-rescue are sifting through the communities behind me, charred communities looking for more potential victims at this hour. the good news the fire that swept through here is 30% contained. that is great news in large part because the winds in this area really, really died down. i'm told, hundreds, up to 600 homes or so were completely consumed by this

fire including this one here. you see it here. the family i live here i'm told was out of the town for the holiday weekend, and when they returned this is what they found. their home is a complete loss. as you pan off, you can see several of their vehicles were completely destroyed by the fire. neighbors tell me they saw the flames coming. they grabbed their water hoses. tried to do what they could to save the house but they simply didn't have enough time. listen here. >> i kind of ran from the backyard. i had some hoses hooked up there and started spray on this side before we saw the big, big flames come up. so we sprayed a little bit. i looked down here and saw fire in the grass by that bush right there. and i sprayed it and then, that's when this fire got so big that, you know, we again decided it was time to leave. >> reporter: can you even imagine? that man tells me saw a wall of fire rising above the tree line coming closer and closer to his property.

believe it or not, this home was completely destroyed. but as you pan off over here you see his house is virtually untouched although the fire did encroach all the way up to the limestone there on the facade of his house. he feels extremely blessed his house is still around and when 600 or so of his neighbors, their houses were completely leveled. back to you. jenna: chris what a story. one we'll continue to follow here in new york. kris gutierrez live for us in bastrop, texas. thank you. >> reporter: you bet. jon: a brand new survey of top intelligence officials suggesting that the u.s. needs to be more prepared to combat homegrown terrorism right before the nation marks 10 years since the 9/11 attacks. the study notes a dramatic rise in terror cases linked to americans in just the past few years. catherine herridge is live with more on that from washington. catherine? >> reporter: thank you, on jon. according to new report done by the george washington university here in

washington, d.c. and first of its kind to interview intelligence chiefs in 56 major american cities, they say homegrown terrorism and attacks directed by foreign groups overseas using american citizens are perceived as a real threat by u.s. law enforcement. the homeland security secretary describes this new generation of digital jihadist who is radicalized without ever leaving the u.s.. >> increasingly savvy use of the internet, mainstream and social media and information technology by these groups as adds an additional layer of complexity to an already complex threat picture. >> reporter: after 9/11 the u.s. intelligence community believed there really needed to be this person-to-person contact, kind of the mentoring thing for someone to cross the threshold to violence but after fort hood in 2009 and this e-mail relationship between the accused shooter, major nidal hasan and the american cleric in yemen who is the public face of this new generation of recruits, al qaeda 2.0 the thinking has changed and it may be

possibles for individuals to cross threshold to violence in virtual way. hear is the assessment of homegrown terrorism from the head of the house intelligence committee. >> yes it is a threat. yes we worry about somebody grabbing a gun and going down someplace and doing something awful. they will never just do that. in all the cases you have seen there are indicators leading up to that particular event. they were radicalized in order to get there. >> reporter: also in this report the local intelligence chiefs identify four factors they say are gaps in the current intelligence products and intelligence sharing. they say lack of analysis, lack of detailed information, specific threat information, lack of sharing and intelligence data that is plagued by stale data or just too much data to be meaningful. and this is important because we seen a spike in homegrown terrorism in the last two years. just to give you some context there has been a homegrown case of terrorism here in the u.s. every two to three weeks since january of 2009 and these numbers actually eclipse what we saw

really in the first seven years after 9/11, jon. jon: so the problem is growing, or so it would appear? >> reporter: it is growing and the internet is the real driver of radical islam. what i describe as new generation of digital jihadists. they don't have to travel overseas. they don't have to have communication overseas to become radicalized. you know from the reporting that is the travel overseas and also phone record communication which traditionally been ways we intercepted these plots and that is not always the case anymore. jon: catherine herridge, sobering stuff there thanks. >> reporter: you're welcome. jenna: when an italian appeals court denying prosecution request for new dna testing in the amanda knox case. she is the american student convicted in brutal assault and murder of her british roommate a little over four years ago. foreign affairs correspondent greg palkot is founding the story from our london bureau. greg? >> reporter: today's activities in it tally courtroom seen as a plus for

convicted killer amanda knox and appeals efforts. the judge ruled against another testing of the controversial dna evidence. the conviction was obtained against knocks by the prosecution claiming that amanda knox's dna was found on a knife used to kill british student merideth kir cher and other dna's from knox's boyfriend was found on kkercher's bra clasp. they have use ad battery of evidence including two more today and they have been knocking down, left, right and center the validity of the dna evidence, calling it inadmissible, contaminated questioning the gathering methods of analysis. the decision by the prosecution today to ask for yet another test of the dna might indicate a weakness in their case. the judge's rejection of that also might indicate a weakness in the prosecution's case as we stand right now. so where do we go from here?

we are talking with our fox news producer courtney walsh at the scene in the courthouse in italy today. she said first the judges are going on vacation. then for another week or so. and then the closing arguments start on friday, september 23rd. the earliest possible verdict time, the following thursday september 29th. but that will probably slip into early october. we asked the big question, what is the feeling at the courtroom? could there be an overturning of this conviction and the answer we're getting is yes, that is a definite possibility. in fact, one of the prosecutors in this case today admitted publicly that persons that in fact there could be overturning of the conviction. still there are two judges there is six-person jury. there is other evidence, not just dna. there are a lot of factors here. we shouldn't rush to judgement yet. still amanda knox's family which includes father and stepfather, they're preparing for a possible departure from italy back to

seattle as early next month. but still the prosecution has one final card to play. it could appeal and overturn of their conviction. not over yet. back to you. >> we'll see if amanda knox ever goes free. looks like our next chapter is a few weeks away. greg, thank you so much. >> reporter: thank you. jon: such a strange case, that one. hitting our big stories at the top of the hour, breaking news just coming into our newsroom now. an american suspected in the disappearance of a woman from maryland is trying to get released from an aruban jail. the latest on the day's court hearing straight ahead. plus heavily armed federal agent raid a name famous american guitar-maker. why? and are you not getting enough sleep, especially kids? why that could be a big problem for teens and you as well. dr. siegel is taking your questions. rick? >> it's true. did you ever go through the week only getting four or five hours a night and say i will catch up on the weekend.

that might not be possible, not for adults, not for kids. do you have any sleep questions? go to america's asking part on the happening now homepage. dr. marc siegel part of the medical a-team is here live. an and i will answer your questions after "happening now" returns after a quick break.

jon: right now some new information on some crime stories we're watching. the prime suspect in the disappearance of american robyn gardner due in court in aruba. gary gee or dawn know -- giordano, trying to overturn a ruling that keeps him in jail without charges filed against him. if successful he could be off the island within days. a former government scientist pleading guilty to attempted espionage.

police arrested him two years ago after he tried selling classified national security information to an fbi agent posing as an israeli spy. the family after murdered yale student now suing that university saying yule didn't do enough to protect her. the body of annie lee was found stuffed inside wall of a lab building in 2009. a former lab techs pleaded guilty to her murder. jenna: now the doctor is in. when teenagers wait for the weekend to can catch up on sleep it could do more harm than good. according to a new study out of south korea. a researcher is saying students got on average six hours of shut-eye on the during the week and those who slept in on weekend performed poorly on attention test. it is latest evidence that you can't bank sleep or is it? let's talk to dr. marc siegel from the fox news medical a-team. here brings up the question.

can you actually catch up on sleep? >> the national sleep foun founddation agrees with that study. it is sleep debt. we're not chipmunks. we can't store sleep and use it on the weekend. we actually have to have regular sleep each night nine hours. jenna: how many people are getting regular sleep. >> that is the problem. there is rapid eye movement sleep. you have to be in deepest part of sleep. takes several hours to get there you can't sleep on and off. if you don't do this you have a higher risk of high blood pressure, diabetes, depression, obesity. all kinds of medical problems. jenna: sounds terrible. i think all of us are thinking wow, none of us are getting enough sleep so we'll be susceptible to some of these things. >> that's right. jenna: you think about some of these students, right? if they don't study and don't do well that has serious consequence as well so you have to pick and choose. if you combine hours of sleep and get five hours overnight and get two hours nap in do they add up to be something good. >> that was not studied. that is interesting idea.

you and i have theory you can replace sleep hours with exercise. we talked about that off-camara. jenna: i know you have as well. that helped me. >> i think is releases some of the same hormones. i think it is good for you. but the bottom line here is no. five hours of sleep and two hours the next day that is not what you're supposed to do. you have to reach what is called recommend sleep. you're putting car in neutral. allowing the engine to rest. when you're in recommend sleep the parts of the brain are not engaged. you're restoring neurological function. you need to that in a clip like one long period of time. jenna: how long do you get the benefits of good night sleep when you have them consecutively? do you need a week before you start seeing health benefits? do you need a month or do you need years of consistent sleep to get a benefit? >> that's a great point. i think it is over several weeks. this study made the point if you have five 1/2 hours a night you won't perform as well on tests and can't ready that with one week of

sleep. you have to do this over several weeks. jenna: give up on the weekends? i mean on weekends you not sleep in then. >> i'm for all epshoeing. you just, you will feel good but not make up for how you're doing during the week. again there are two issues. feeling better. i'm not going to tell those students not to sleep in. i will tell them to get a few more hours during the week. get away from bad habits. get out and exercise. they do better on tests. as you point out it means a better career and. jenna: i know parents and overnight workers and truckers are thinking we do our best. >> we have to do our best. and i'm here to warn you. jenna: thank you, dr. siegel. >> thanks, jenna. jenna: jon? jon: come to my house and lecture my kids, will you? >> i'm there. jon: another possible black eye for the feds when it comes to tackling mexico's drug violence. the arrest of a man south of the border who may have helped drug gangs get their hands on thousands of grenades. why u.s. senators let the suspect walk just a year

ago -- authorities. big plans how to boost the economy. one from the president and one from a man hoping to replace him. a senior advisor to mitt romney on why the romney plan will work he says. that's coming up. what will be your must see story? angry birds? a hong kong vase worth millions or a dolphin wedding proposal?

jenna: listen to this. american, i should say mexican authorities are arresting an american man they say smuggled goods for a prominent drug cartel. do i have that right, rick? an american arrested by mexican authorities for connection to a mexican drug cartel? >> you're right on the money, jenna. this is american citizen, the atf not saying much about the case except they're looking into it. what we do know the mexican

attorney general's office says 40-year-old. jean baptist kingery, that is the american citizen held on charges that he was buying weapons and grenade parts here in the u.s. and then smuggling them into mexico and then selling them to these big-time drug cartels there. he was apparently buying the stuff in stores and online. the cartels used the grenades apparently all the time including a week and a half ago when they carried out an attack at a popular casino that killed over 50 people trapped inside. the drug dealers also used them to go after the police in mexico and to intimidate locals. kingery was detained in arizona in june of 2010 and then released. there are some reports, jenna, that authorities were using him as part of a sting operation. we can not confirm that right now. still a lot of questions about this guy. as we get more details biel pass them along to you. jenna: wow, that would be another twist in a story already a strange one. rick, thank you.

jon: right now, republican presidential candidate mitt romney is rolling out his plan for jobs and economic growth. one day before president obama presents his new jobs package to a joint session of congress. joining us now is a senior adviser to mitt romney. former missouri senator jim talent. senator talent, what is the number one item mr. romney proposes? >> i think in a word, jobs and jobs by getting the government of off the back of the free market. it is a comprehensive and detailed proposal that we estimate will produce 11 1/2 million jobs in four years and very much an energy-type led recovery. there are three proposals in it, energy proposals by themselves would produce 1.6 million jobs. jon: in what way? are you talking about drilling? >> yeah. the keystone pipeline, exploring for natural gas in the shale gas and offshore drilling we estimate 1.6

million jobs just with that alone. but there is also dramatic capital gains and dividends, relief. waivers for all the states from obamacare. regulatory relief, regulatory balanced budget, repealing dodd-frank. it is bold but comprehensive. jon: since the recession ended, normally, i've seen this country go through recessions before and normally you bounce back with economic growth, four, five, 6%. why have we not seen that in this country this time? >> well there is no question the obama administration has lengthened the recession and made the recovery much shorter and more tepid because of the heavy hand of government which governor romney talks about in the forward to the jobs proposal. he says he has been traveling all over the country and things happening break his heart. because he lived the free market. he has lived job creation. he sees what the government is doing and sees how it is hurting people. jon: it is said both your plan and president obama's plan will emphasize trade

agreements. can you really create that many jobs by signing some trade agreements? >> oh it is a piece of it but we don't just submit the trade agreements. i believe the president does that when he actually does it. he has held onto them for two years but our plan, governor romney's plan would also create for example, called the reagan economic zone which would be a new free trade area that absolutely. we have to go out and get these markets. the chinese are getting these markets. our competitors are. we have been doing nothing under president obama. jon: you talk about china. it is said china nip lates its currency so its goods are artificially keep in this country. our dollars flow over there to buy chien niece goods and never come back to the u.s. what will the government do about china? >> that and they're stealing intellectual property all the time. he believes if you want the chinese to participate in good faith in the international trading system you have it show them you will not tolerate the gross violations of rules everybody else has to

follow. tell the trade representative, you need to prosecute american claims that the chinese are stealing intellectual property. and this reagan economic zone idea, that's for countries that follow the rules. so that tells the chinese, if you want to participate in this you better start following the rules. jon: former senator jim talent a advisor to governor mitt romney, campaigning for president. thank you. >> thank you, jon. jenna: new developments out of italy in the amanda knox appeal. a judge denying prosecution request for brand new dna in the case. our legal panel what this means for knox's chances of winning her freedom. we have the still time for the must-see moment. jon: we do. we report you decide the story you want to hear. your choices angry birds. forget about playing it on your phone. you can play it at an amusement park live. we can give you a rare and sort of exclusive look inside some 18th century

chinese vases. not exactly my cup of tea. maybe it's yours. finally a guy proposes, pops the question at a dolphin show. cute stuff if you like dolphins. let us know. send us your votes and we'll have answers and results when "happening now" returns after this.

jenna: well the remnants of tropical storm lee causing headaches for much of the

nation today. down in new orleans, damage assessments are underway after lee dumped a foot of water on that area. in texas, they wish they had some water. crews are starting to gain control of a massive wildfire. that's good news. winds from lee had been fanning the flames in recent days but looks like it is quieting down a little bit. in pennsylvania they're brazing for serious flooding from lee with so much of the state water logged. meteorologist janice dean has been following all of this in the live in the fox weather center and brand new storm just got named today. >> maria and maybe nate. lee is no relation to jenna. we point that out. look at heavy rain we're getting from the remnants of lee along with a frontal boundary that continues to pour on down areas that don't need to see anymore moisture from d.c. up to williamsport and burlington, vermont. vermont really got hit hard from hurricane and tropical storm irene just a week and a half ago. some of the precipitation estimates, four to eight inches.

on top of that another five to 10 could be just horrible for areas that have already seen saturated ground from our tropical storm irene. week and a half ago. let's take a look at the tropics. active, active, ache tiff. this is hurricane katia. we're looking at potential of development across the bay of campeche. this could become nate. our recently named tropical storm maria which we're going to watch very carefully over the next couple days. certainly uncertainty, jenna as we go throughout time. could become a hurricane and certainly getting close to the bahamas in the next several days. and a little too close for comfort across the eastern seaboard as well. back to you. jenna: a little too close indeed. thank you for that. no relation to tropical storm lee. not even inspired by jog. jd. thank you very much. jon: new developments out of italy as american amanda knox fights to have her murder conviction overturned. the court shooting down a prosecution request for a new round of dna tests.

this after experts slammed the evidence used in the original trial that convicted knox of murdering her roommate. what does it mean for knocks knox's chances for freedom. let's bring in our criminal panel. former prosecutor dan conaway. dan, the prosecution asked for a number of things. they wanted to do more dna testing. they wanted to bring in records they apparently found on the dna test machines that were used. all of it got shot down by the judge. as a former prosecutor, that doesn't bode well. >> no, it really doesn't, jon. i think this was a major blow for the prosecution. at the same time, i think what the prosecution has to argue is look, we're trying to do our job and we're trying to do it correctly, and, there is some new testing, there is some new testing available, some ways they can examine this evidence that may be more accurate now than four years ago. so their argument is essentially, look, we're

trying to get to the truth here just as much as the court is. that's our job as prosecutors. so let us do our jobs and let us do these tests but the judges now shot that down. jon: but, sharon, it is not just a question of better tests being able available. it is a question of whether the original evidence was collected in such a way that makes it possible to test it, right? >> right. there was a lot of problems with the way the original evidence was collected. it was contaminated. they used dirty gloves. they left evidence at the crime scene for weeks before they collected it. it was a mess. but, this girl is innocent. this was a railroad job. the person that really committed this murder is already in prison. it is this drifter, this rudy guiliani ene. the, his handprints, his fingerprints, blood, saliva, dna was all over the victim's bedroom. amanda knox wasn't. she was her roommate.

there was dna found on a knife that did not have any blood evidence linked to it. this bedroom was completely devoid of any of amanda's dna. there was no saliva, no sweat, no blood, no nothing. she should be released. jon: dan, there is no motive as far as i know. the prosecution could never explain why she would have committed a murder of her roommate. >> i think that is a huge issue in this case. the pros kigs doesn't have to provide motive but motive is a sitting there as a glare issue in this case. i frankly we're seeing hear some of the limitations of the european system of justice. i think if there were a jury system, a common law system, a adversarial system like we

have here in the united states, a lot of these issues would have been brought up and hammered home by both sides during the original trial and during the original investigation. now we have judges looking at all this stuff. and in my opinion, i think this does show the superior nature of america's criminal justice system over the european investigative system. jon: dan conaway and sharon lyko. thank you both. >> thank you. jenna: we're learning new details about the president's big job speech tomorrow night as often happens ahead after big speech different ideas are floated out there in the press. one of them we're hearing $300 billion is the price tag. it involves a whole host of things. housing aid to unemployment benefits, infrastructure spending, tax cuts or credits maybe even jobs training programs. the question is not what the president will propose but what will have a chance of passing congress? speaking to us, democratic senator, bob casey of pennsylvania. he is chairman of the joint economic committee which includes both the house and the senate. he has good insight maybe

what could actually succeed here. and, senator, not just about the ideas. let's not get into the specifics necessarily of the ideas at this time but what do you think would actually pass if the president presented it to congress and how soon would it get going? >> well, i think it is important that we do focus, as you said, on strategies that will need a meet a two move part, test, create jobs especially in the near term and at the same time will be able to pass and that's a tough test but i think we can get there. we can have a big debate about what the best ideas are but right now one idea i favor and i know a lot of people do, the president will apparently present this as part of his package, is a payroll tax cut. we did that in december of 2012 as part of a broader tax agreement. and that had a positive impact in january, february, and march. we had a lot of private sector job growth. we had job growth in those days, those months of well over 220,000 per month.

so that is one idea. i think one additional idea, to put on the table, happens to be my bill, but the two leaders of the joint economic committee, i as chairman and vice chairman brady from the state of texas, congressman brady and i are among democrats and republicans who support a life sciences tax credit. it is great breakthroughs in medical research that we get by investing in the life sciences which means healing and hope and very high-wage, high-paying jobs. that has bipartisan support. it is a job creator. it is a way to get jobs back from overseas in an area of our economy which is growing and we're very strong and we lead the world in. i think ideas like that. jenna: how long would that tax break for life science companies, how long would it last? >> well, we could, we could make it as long as possible, but i think in the near-term we're looking at just a couple of years because, i want to make sure that we're creating an incentive, up to

$150 million of a tax credit, that people can access right now. they can bring back their foreign earnings and invest it in a lab or university or directly into the life sciences jobs because it is a huge advantage and we should focus on it. i also think we could help our employers quarter by quarter by encouraging them to hire and providing a tax credit to do that. jenna: the reason why i ask about the timeline, we've seen different ideas brought up and this is the first that we've heard or talked about your idea and it's something we appreciate learning about because that has been one of the questions what new ideas we can present. the timeline has been important because one of the things economist also told us, you do a payroll tax credit or tax break for a year and might help out first couple months of a year and doesn't help sustain job growth and that is something we need as a country. in a separate but related issue one of the other things that seems to come up when we talk about timeline is just gridlock in washington and i'm curious if there's a different

feeling? returning from weeks away, does it feel different down there? does it feel like people are going to agree? or does it seem like business as usual as we saw with the debt ceiling and debt deal debate? >> well, we'll see. i think it is the obligation of every member of the house and the senate to do our own part. to take personal responsibility and try as best you can, not just to work together but to draw to avoid and get away from the kind of fingerpointing and demonization we've seen, especially over the last couple months. i think it was good we were able to go back to our states, talk to our constituant went. i actually spent time in both pakistan and afghanistan in our troops and working on the ied issue but at the same time, getting to see our constituents and our families. we're recharged and determined now to focus on the two basic issues the american people expect us to focus on. one is working things out, getting along and working together. and two is to have a central

focus on job creation even as on a separate track the joint committee is working on a deficit and debt proposal. jenna: i know a lot of our viewers are looking for results on that and, looks like you're working towards it as well. we look forward to having you back, senator, to talk more about your trip to afghanistan and pakistan and dive into some of those issues as well but we appreciate your time today. thank you, sir. >> thanks for your time. jon: ancient vases, angry birds or dolphins? rick folbaum has your must-see moment. >> the birds have it, jon. very smart people who run an amusement park in china figured out a way to capitalize on the popular game, angry birds including my kids. they take my phone and play for hours. look at this video. take a bird. put it in a slingshot and send it back and pop balloons. pretty cool, right? this is what you chosen. thanks to everybody who voted. what we come back on "happening now." we will

have a story about the gibson guitar company. don't go away. we'll be right back

>> hey, everyone, i'm megyn kelly. nancy pelosi says it is disrespectful for republicans not to offer a rebuttal to president obama's jobs speech. we'll have fair and balanced discussion. a man part of an office lottery group for eight years. is ins the day the group wins. now he is suing. does he have a case in kelly's court. amid the rubble of 9/11, steel girders, standing in the shape of a cross. rescue workers and mourners came for months to pray and sit beside it. it will be a part of a memorial from ground zero unless a group of atheists says it causes them headaches and mental aping wish get their way. one of those atheists joins me live today.

see you at the top of the one. jenna: right now the maker of the iconic gibson guitars is crying foul following a federal raid targeting the type of unique wood used in these iconic instruments. critics of the investigation say it may be pay back for the company's ceo who gives freely to gop candidates. that is one side of the story. senior national correspondent john roberts is live from the gibson guitar factory in nashville. john, give us the other side. why are the feds looking at gibson guitars? >> reporter: that is question a lot of people have, jenna. it is ironic to the gibson guitar corporation that the president has this big speech to congress tomorrow talking about creating american jobs. meantime gibson says through an, through a heavy-handed enforcement action, its words, that the federal government is actually killing american jobs. here is what is being questioned. this is piece of indian rose wood. it is cut and somewhat finish understood this shape. eventually that becomes the fret board on a guitar like

this gibson firebird. the federal government says it is illegal to export a piece of wood from india. however if it were to be finished with these specialifications and inlays and frets on them it would be legal to export. here is what the fight is over. according to the bruce mitchell, the chief legal counsel for the gibson guitar corporation, if gibson goes from getting this piece of wood to india to this piece of wood from india it would cost american jobs. here is what he said. >> we have, probably 40 people in our factory here just in the usa, that are doing the inlays into the, into the finger board, that are putting the fret on. if we were to move, all that was to be done over in india, then, those jobs would be lost. >> reporter: so here is what the federal government did. on august the 24th it seized about a million dollars of this wood. gibson will very soon be unable to make its highest end guitars which will slow down production. it cost them they say more

than half a million dollars. they figure in the long run, fighting the case and lost production will cost them upwards of $10 million. they don't know at this point if it will cost jobs but it well could. jenna: that story we continue to watch, john. thank you. jon: panic and terror at a nevada ihop restaurant. a man with an ak-47 opens fire inside. we are just hearing some of those terrible 911 calls. >> he is in the parking lot with an automatic weapon. get out of there. move, move.

jenna: we're getting a clearer picture of those terrifying moments after a mass shooting at the carson city, nevada, ihop which claimed several lives. we first reported that to you yesterday around the same time. rick, you are taking a

listen to some of the 911 calls? >> they are tough to listen to. they're out on the web and the public domain. as you say they give more of a clear picture in what happened in the moments after that shooting. think about it. you go in for breakfast when all of a sudden a man with a up tick weapon is rushing you, spraying gunfire everywhere? authorities are still investigating exactly what went down there and what went down to lose it and shoot all the people. you can hear some of the shots being fired. listen

>> very difficult to listen to all of that. the gunman whose name we know. killed himself, a motives may never be known but his family says, that he did have a history of mental problems and he never served in the military although three of the people tha tionalua. back to you. jenna: sad story. rick, thank you. jon: update ahead on those bomb threats, force thing

the emergency landing of two passenger jets. what investigators say they found. that is coming up next.

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