tonight. we hope you're watching as well. we'll see where we stand tomorrow at this time. we had no idea where we are today at this point yesterday. martha: see you 1:00 this afternoon. things started changing dramatically. tune in. bill: have a great day. see you tomorrow. jon: a fox news alert on the fast-breaking developments on the crisis in syria. right now the ap reporting that the president has agreed to a u.n. discussion of a diplomatic breakthrough that could avert a u.s. military strike in the middle east. this after the assad regime accept ad russian-brokered proposal to put syria's chemical weapons under international control. something that is much easier said than done. meanwhile the white house is forging ahead with its plan to convince congress to authorize a strike to punish bashar assad for gassing his own people. the president will still make a case for action in his address to the nation tonight. we go live to the white house in moments.

but first brand new stories and breaking news. jenna: this father caught a suspected peeping tom spying on his daughter and now he finds himself on the wrong side of the law for how he allegedly dealt with that creep. we'll tell you about that story. also imagine this. seeing this next time you're out on the road. it looks like an apparent kidnapped victim tied up in the back of the truck but looks can be very deceiving. what is behind this optical illusion? this video went viral. what happened to the so-called, blaming twerking girl was all a hoax. you probably know the name of the person now taking credit for it. we'll show it to you. this is all happening now. jenna: we'll start off with more serious matters s an off-the-cuff remark by the secretary of state a game-changer when it comes to syria? great to see you, everybody, i'm jenna lee.

that is the big question today. jon: it is the big question. i'm jon scott. that is what the white house is trying to determine after russia jumped at a suggestion by john kerry that the assad regime could avoid a strike if it handed over all its chemical weapons. 90 minutes from now president obama heads to capitol hill to meet with the senate democratic caucus, a gathering that's been scheduled for days. but this latest proposal already is changing the momentum in congress. senate majority leader harry reid postponed a planned test vote today on whether to authorize military force against syria. and in light of the proposal, chris wallace during a sit-down interview with president obama asked the commander-in-chief this. >> will you delay a strike to see how that plays out? >> i think it's fair to say that we would not be at this point without a credible threat of a military strike but i welcome the possibility that, of the development and john kerry will be talking to his russian

counterparts. i think we should explore and exhaust all avenues of diplomatic resolution of this. jon: tonight the president makes his case to the american people. let's get to senior white house foreign affairs correspondent wendell goler. another big push today on capitol hill for the president, wendell? >> reporter: jon, the white house still mounting a full-court press for that authority. the president is going to the capitol for separate lunches with senate democrats and republicans. vice president biden will go there to meet with house republicans. chief of staff denis mcdonough briefed democrats this morning. apparently told them diplomacy rather than military action is the priority right now. putting syria's chemical weapons under international supervision is something he discussed with russian president vladmir putin before as you point out it really seemed to take off after secretary of state kerry suggested yesterday in an almost offhand manner this is how bashar assad could avoid a military strike. >> he could turn over every

single built of his chemical weapons to the international community in the next week, turn it over, all of it without delay, and allow a full and total accounting of for that. but he isn't about to do it. >> reporter: well the syrian foreign minister embraced the plan. u.s. officials are still skeptical the syrians will follow through on the promise, however, jon. jon: what does your vote counting say? what are the chances that congress will authorize a military strike? >> reporter: there's still enough undecided raw makers in the house and -- lawmakers in house and senate it could either way in the house and the senate. the issue is dividing members of both parties. house speaker john boehner said he will support president obama. senator minority leader mitch mcconnell is a no. >> vital national security risk is clearly not at play. there are too many unanswered questions about our long-term strategy in syria including the fact that this proposal is utterly detached from a wider strategy in the civil war there.

>> reporter: the president himself says the american people aren't convinced military action is need he had. it's a safe bet the russian proposal has him rewriting the speech he will give in prime time tonight, jon. jon: he will try to make his case to the american people tonight. wendell goler at the white house, thank you. jenna: as we wait for that the breaking news on capitol hill as congress considers authorizing military action against syria. the house homeland security committee right now is taking a close look which opposition groups would benefit and how syria's civil war is affecting our own national security. our chief intelligence correspondent catherine herridge is live in washington with more on this. catherine? >> reporter: thank you, jenna. the hearing which began pan hour ago is pulling together leading military and counterterrorism experts to testify about the opposition and to what extent a military strike would benefit al qaeda affiliates or iranian proxies who are in syria and as well as potential for strengthening of islamist groups which will impact security here in the united states. the committee is republican

chairman spoke a short time ago. >> any u.s. military strike against the assad regime will also benefit the extremists fighting him. who will undoubtedly use assad's weapons against american allies and interests and possibly even our homeland. >> reporter: the number of foreign fighters traveling to syria to join what is now seen as a global jihad is surpassing the flood of foreign fighters we saw to afghanistan after 9/11 and to iraq after the u.s. invasion in 2003. the fbi director telling fox in a recent interview the growing number of americans traveling to syria and returning home raises the prospect those individuals could bring home skills they have learned on the battlefield to launch attacks. the assessments this morning at the hearing are in sharp contrast to the statements of secretary of state john kerry to lawmakers just a week ago. >> seems like initially the opposition was maybe more western-leaning, more moderate, more democratic. as time has gone by it degraded

to become more infiltrated by al qaeda is that basically true? >> no, that is actually basically not true. that is basically incorrect. the opposition has increasingly become more defined by its moderation. >> reporter: also within the last hour the ranking member of the house homeland security committee, democrat bennie thompson, saying he felt most likely follow-up of military strike are cyber attacks aimed against the united states. denial of service attacks what we saw earlier this month with "new york times" and other major media websites. what is not known whether syria or its ally iran really has the ability to paralyze or temporarily cripple a major set of infrastructure, jenna. jenna: scary thought. we'll continue to watch that part of the story as well, catherine. thank you. >> reporter: you're welcome. >> we are going to win this war and we are going to win the peace that follows. jon: president roosevelt there delivering a pretty direct message at the outset of world

war ii. no mixed signals. president obama though has not exactly been as clear. in the next hour he is heading to capitol hill to seek support for military action in syria after insisting he has the authority without congressional approval. so now he is signaling support for a diplomatic breakthrough that involves russia. we'll see what he has to say to the nation tonight at 9:00 p.m. eastern when he presents his case to the american people. aaron david miller is a former advisor to six secretaries of state, an expert on middle easten affairs. what do you think about this proposal involving the russians? is it an actual breakthrough or is it a dodge to buy time? >> you know, it could be both. it, look, this entire episode is like a marks brothers movie where doors keep opening, people keep popping out saying surprising things. what is so remarkable to me is that our country's policies are being driven by offhanded

statements. the president in august 2012 make as statement on chemical weapons which was probably ill-advised and not terribly well-thought out. it gets us into the crisis, at least helps get us into the crisis. the secretary of state day before yesterday makes another statement, an offhanded comment which now offers a way out. it reflects the fact that there is not a cohesive policy here. the administration has basically three options. do nothing in the face of largest single deployment of chemical weapons against civilians since saddam gassed the kurds in 1988. do everything and try to get involved in a civil war to tip the battlefield balance in favor of many groups who do not share american values or interests. or the middle option, jon, which is essentially a variation of a limited strike which on some days appears to be a pinprick as the president, we don't do pinpricks as the president said. on other days, to quote secretary of state, it is going to be unbelievably small.

so it is not unusual that when a proposal comes along to offer a diplomatic way out of this there's an inclination on the part of the administration to test it. hard to imagine though that the russians and the americans would agree on a security council resolution which essentially creates a justification and a framework for dismantling what has become a strategic asset to the assad regime, the use of chemicals in order to deter what might just be a tactical response, limited military strike by the united states. so it's more confusing. it will confuse and conflate the president's message tonight. and i suspect it won't leave americans anymore persuaded or convinced that a limited military strike or any military strike against syria is in the national interests of the united states. jon: and you talk about the lack of an overall strategy. it would seem that the russians and the u.s. are on opposite

sides here. the russians have a vested interest in keeping assad in power. president obama is the one who said, assad has to go. so what is going to result from this joining of forces? >> i mean if this should work out, and i'm not trying to beat up on the administration here. i mean after all, i mean syria, syria is, it's a cross between a migraine headache and a root canal. there are no good options for the united states on this but let's be clear. if we get ourselves into a negotiation with the russians over chemicals and it actually proceeds, one of the end results is going to be the maintenance of bashar assad in power because the russians didn't go down this road in order to help this guy out of his current job. so far from assad must go, we start negotiating with the russians over chemical weapons, i suspect, and it may not be a bad idea if in fact the russians can deliver the syrians. but at the end of the day?

it is going to involve assad being part of the problem and assad being part of the solution. jon: it is going to take a long time to get it all accomplished too. aaron david miller, good to have your expertise too. thank you. >> pleasure, jon. jon: tonight president obama will address the nation, 9:00 p.m. eastern time. you can watch it here right on fox news channel. jenna: now for a fox news extreme weather alert. tropical storm umberto quickly gaining strength t could become the first hurricane of atlantic season this afternoon, the first. meteorologist maria molina has been tracking this live. you've been waiting for the first. >> i have been waiting for the first especially because noaa issued the hurricane outlook for the season and they do think this will be a well above average season for the atlantic hurricane season. we think we will see a lot of tropical storms and a lost hurricanes. you can actually argue it both ways. you can argue they are right we have seen above average tropical storm activity and that is

actually right. if you look at the map here, we've already had eight main storms to date. that is above average for the average season to date which is about six storms but we have not had any hurricanes. you can also argue it is well below average for this time of the year. we could see the first named storm or hurricane coming up later on this afternoon. that is tropical storm is off ta and west of the cape verde islands the storm system is forecast to intensify. the latest advisory from the national hurricane center the is storm is not doing much intensifying over the last couple hours but conditions are favorable. later today and tomorrow it could be the first category one hurricane of the season. look at the forecast zone. it takes it over open water that is welcome news. we don't think lump barrett toe will impact land masses or united states. we have tropical storm gab bree

yell. this storm more than a week ago. this dissipated or not even a tropical storm or depression. it reintensified and become a tropical storm yet again. we think it will impact parts of bermuda, later tonight into tomorrow morning. several ins of rain will be possible. we're keeping an eye on it. which have warnings in effect. locally seven inches of rain will be possible. so flooding for bermuda. jenna: how long is hurricane season? >> november 30th. we have a long time to go. hopefully they don't get it right we'll see a lot of hurricanes. still time to go. jenna: fingers crossed. maria, thank you. jon: pay attention. this story will frost you. a guy in new mexico a dad goes after a peeping tom who is standing outside his daughter's window naked. so why is dad the one facing charges? the full story next. plus, we have the latest on a massive wildfire threatening up to 100 homes fleer a major

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jon: right now new information on some crime stories we're keeping an eye on. the ohio driver who confessed to a deadly hit-and-run on youtube makes his first court appearance today. 22-year-old matthew cordle. we told you his story, admitted killing a 61-year-old man while driving drunk back in june. he now faces eight 1/2 years behind bars. a father in new mexico is facing felony assault charges for allegedly beating up a naked peeping tom he caught outside of his daughter's window. police say ekneel yo chavez beat up the 29-year-old suspected voyeur so badly he was sent to the hospital originally in critical condition. chavez was charged with aggravated battery. the 29-year-old will soon be

charged as soon as he is released. his condition upgraded to serious. an inmate who stab ad sheriff's deputy before escaping a detroit courthouse has been caught after a 13 hour manhunt. police say abraham pierson was awaiting robbery and weapons charges when he bolted the courtroom. jenna: in california a serious situation for firefighters in san francisco. they're battling a wildfire tearing through a popular wilderness peaker. the fire spread five square miles is only 45% contained and now forcing even more people from their homes. our claudia cowan is live in our san francisco bureau with more on this. claudia, it's a big fire but it is not the only one that is burning today in northern california. >> reporter: yeah, we have several out here in the west, jenna. warm temperatures and erratic winds are certainly not helping the situation but crews are getting a handle on the two biggest wildfires. let's start with the morgan fire. this started on sunday near

mount diablo state park, 45 miles east of san francisco. so far this fire has scorched 3200-acres and 45% contained. it is fueled by plenty of tinder dry brush. the last big fire in this area was back in 197. no structures have been lost but 75 now we're told are in the danger zone. there are more than 700 firefighters on the scene with nine helicopters providing air support, something they need in this area. >> mount die ablow is encredittably steep, very rugged terrain. access is very difficult. >> reporter: meanwhile another blaze flared up near happy valley, california, just south of reading of the of the clover fardaged or destroyed some 30 structures and threatened 350 others as well as water towers and power lines. homeowners say flames jumped acrossroads, forcing them to quickly grab their belongings and get out. fire crews are expecting temperatures in the high 90s today and low humidity, jenna.

jenna: what about the rim fire, the fire we heard so much about burning near yosemite? >> reporter: the rim fire, the third largest in california history. it grew over the weekened but it is now 80% contained. crews hope to have it fully surrounded by friday. it is as a result after hunter's abandon campfire. it is now in its fourth week. now we have learned the cost to fight this wildfire has reached $100 million, jenna. officials say it will cost tens of millions of dollars more to repair all the environmental damage. jenna: wow, a lot of money there. claudia, thank you. jon: we are following breaking developments on syria but the fighting continues to rage there. our next guest just returned from the war-torn country and has some strong opinions what american military action could mean for the rebel factions who want to overthrow the assad regime. also, an optical illusion that some people do not find amusing. what is behind this pickup truck

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jon: how's this for sticker shock? a pickup truck tailgate decal shows what appears to be a woman tossed in the back of the vehicle with her hand and feet bound. at first glance it looks pretty realistic. it is all an optical illusion of course. the owner of the texas-based sign company that designed it claims he intended no harm. >> i wasn't expecting the reaction thats that we got nor was i really anything that we certainly condone or anything else. something more or less we had to put out there to see who notices it. jon: plenty of people did. reaction is mixed from expressions of outrage to acknowledgement of effective

marketing. by the way the owner the woman who posed is an employee who volunteered for the job. >> interesting. will the u.s. deal with the assad regime diplomatically or will we still go and use military force? that is a big question today. the answer is not clear. fast-moving developments. we have a lost headlines coming into the newsroom we're trying to confirm for you. meantime obama administration officials are saying we continue to push ahead in making a case for a strike, at least on capitol hill. meanwhile the crisis on the ground in syria continues to rage. more than 100,000 people are dead and this civil war has been going on for two years. jihadist fighters are pouring into the country from all over the world. someone who knows this better than most is our next guest. she is our middle east correspondent for the guardian. he has made 13 trips inside syria over the last two years. he just left the country after spending five days there. so, martin, tell us a little bit

why you found this trip to be one of the most interesting of your 13? >> well i hadn't been for a couple months. the main reason forgoing back this time was to really take the temperature, really to assess what is the nature of the opposition getting towards the end of 2013. in the previous trips i had been there there had not been a significant jihadi presence. this time there was. there was, clearly, a new and emboldened group of extremists. i certainly wouldn't put them as majority. nothing near a majority but they were exercising power that was disproportionate to their numbers. they were attempting to hold sway in towns and villages all around the province. they were being very reluctantly hosted by majorities, more or less mainstream community and it was clear that their presence there, visibility, was far more potent than at any point in my previous trips to syria. jenna: we talk a lot about in these stories domestically.

we'll say what does the average american think? that is something we'll talk about on the news. you were able to interact with average syrian families. what are they thinking on the ground? >> well they deeply resent the extremists. they believe that they don't reflect the goals of the revolution. they don't reflect the values of their society. they are attempting to hold sway, and by imposing some sort of a sharia law, they are flying their flags above numerous civic buildings outside of schoolhouses and above mosques. they don't want jihadist groups there but, by the same token there is very little they can do about it at this point. the mainstream opposition military is deeply engaged in a fight to the death with the assad regime army. it would be destructive to both sides, the opposition and the mainstreamers and jihadists if they were to fight each other at this point but there is a deep and abiding hostility between both of them but for now they

have been able to stop from going at each other. jenna: you tell some interesting anecdotes in your writing. one of them just recently you were talking about a restaurant around aleppo where there were some opposition forces, a different groups, all sort of sharing the same restaurant. rifles on the table. that the waiters were moving away so they could place food down for them to eat. i'm wondering in that type of situation what the chatter is like about a u.s. military strike and what is the effect of this talk here in the united states on the ground in syria? >> well, that was a really interesting light lunch we had at that restaurant because as you could imagine the chattering of the u.s. strike was everywhere. the mainstream opposition were all for it. they were very enthusiastic about it, saying we haven't had help from an ally in good faith at any point in the last couple of years. let's bring it on. you, wish we could give americans targets to attack, including headquarters and bases

of jihadists who are only 10-meters away down the other end of the room. we were able to speak to them very briefly although it is difficult to do that but it was clear they had a very different view. they believe that any attack that is being planned against the assad regime was really a pretext to attack them, many of them had fought in iraq. they knew what to expect from the american air force. it was a far more formidable foe than the syrian air force had been last couple years. they said they had been evacuating bases. moving personnel to farms and factories. they are hiding their big guns and they were genuinely laying low at the moment, waiting for what they thought was another round with an old enemy. jenna: i only have 30 seconds here, martin, but what do you think that is something the american president tonight will say that could potentially have the most impact on the situation in syria? can anything be said at this point? >> it's very difficult to actually calm things down on the opposition frond at the moment. they, we spoke to people of the

mainstream opposition this morning. they were disappointed that any airstrikes that had been planned probably are not on the table for now. all obama could say which would appease them, that they are, that the u.s. is indeed right behind them and it will continue to support them materially, not just morally. jenna: martin, great to have your insight. we really appreciate it. look forward to having you back on the program. thank you very much. >> you're welcome. jon: the man acquitted in the trayvon martin shooting back in the news. coming up, the latest on a bizarre domestic dispute involving george zimmerman, his. also, whether or not a gun was actually involved. >> i'm -- >> stay in the area where you're at, okay? stay on the line with me. >> okay. okay. i don't know what he is capable of. i'm like, really scared. [ male announcer ] house rule number 33.

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>> he's in his car and he continually has his hand on his gun and he keeps saying, step closer. he's just threatening all of us with his firearm >> step closer to what? >> and he's going to shoot us.

jon: that's the voice of george zimmerman's estranged wife accusing the former neighborhood watch volunteer of threatening her with a gun and assaulting her father. this comes after a string of other bizarre incidents involving zimmerman since he was acquitted of murder charges in the shooting death of trayvon martin in july. phil keating is live in miami with the story. police responded, right? what was the situation when they got to the house? >> when they got to the house, shellie sdmrimer man said she was accusing her husband george of essentially standing his ground again, taunting them to come closer to him, making her think that maybe he had a gun holstered underneath his shirt. when police show up, they come out and get out of the car, guns drawn, see george zimmerman and order him flat on the ground, which he does. according to his attorney, everything went down like this. over the weekend george and

shellie split up toward divorce. yesterday she showed up unexpectedly with her father and starts taking more stuff. both george and his father-in-law each hit the other during the dramatic confrontation but in the end, neither side wants to pursue charges. >> look. i think everybody got it out of hand. i think there may have been some pushing and touching that happens a lot in divorce situations, way more than it should. i'm just very glad it did not cause any injuries to anybody whatsoever. nobody was injured. >> george's attorney no longer represents him here in the divorce proceedings and regarding yesterday's incident, that's about it for what he's going to comment on. he mentioned yesterday that george zimmerman had the gun at the scene but it's unclear whether it was in his holster inside the house during the confrontation. nobody actually ever said they saw the gun so whether it was holstered underneath his shirt

during the altercation and then puts it in the car later on or whether it was always in the car remains unclear. jon: there was a report of another woman with zimmerman? >> yeah. this was a blonde woman we spotted via the helicopter aerials yesterday outside. she was talking with george zimmerman as he was standing near the trees and later seen sitting in the car. when you hear the reaction of shellie zimmerman and her father-in-law as they see this blonde other woman outside from the window during that recorded 911 call, you really hear the sense that they are just floored by this development. keep in mind it was just last week shellie zimmerman filed for divorce. take a listen to that moment. >> okay, shellie. take a couple of deep breaths for me, all right? >> someone is in there? >> excuse me? >> there's a woman in there.

oh, my god. >> so based on all of this yesterday afternoon, it does appear that reconciliation may be a little far fetched at this point. as for shellie zimmerman's ipad which she accused george zimmerman of using a pocket knife to stab, the police say they have a possession of a very damaged ipad belonging to shellie zimmerman and they believe she was videotaping george zimmerman as he's approaching her or standing back there and they think if they can get some of this video extracted, it could perhaps lead to some charges being filed. jon: oh, boy. what a mess. phil keating, thank you. jenna: now back to coverage of the crisis in syria. the president is set to make a big pitch for military intervention to the american people tonight and in doing so, he follows one of the few u.s. presidents to address the nation before the start of u.s. military operations. some of those presidents include

george h.w. bush back in 1990. >> in the life of the nation, we're called upon to define who we are and what we believe. sometimes these choices are not easy. but today's president, i ask for your support in the decision i've made to stand up for what's right and condemn what's wrong all in the cause of peace. jenna: president bush did it when he announced u.s. would be going to war with iraq. take a listen. >> later this week, the united states congress will vote on this matter. i have asked congress to authorize the use of america's military if it proves necessary. jenna: we talk about history, political history. we have to talk to larry, the director for center for politics at the university of virginia. we don't have to, larry, but we like to when it comes to this type of history. please just give us some historical context for this type of address by a president. how often is it made?

how is the past somehow precedent for this? >> jenna, this is a very unusual circumstance. in fact, it's rare that you have a president making a couple of 180-degree turns which is what we've actually seen over the last few weeks and months. i'll tell you what is different. and i've looked through the 20th century and this piece of the 21st and i can't find any precise parallel to this. what's different is that this president is having great difficulty identifying for the public where america's vital interests are at stake in intervening in syria. the other presidents, frankly, had a better case to make. the second point, jenna, is really important. presidential addresses can change a few percentage points. they cannot turn 20 or 30 or 40% of the american public around and that's what president obama would have to do this evening. it's not possible.

jenna: how crucial this address is? not just for the crisis in syria but for the effectiveness of this president and his leadership not just here at home but around the world for the next several years. >> it's going to have a major impact. not just the speech but what he does. of course, he's been handed a potential way out if it works out via russia and the agreement on chemical weapons. we'll see whether that happens. what i'm going to be looking for tonight is the proportional influence or the proportional emphasis that the president places on this way out as opposed to his proposed military action. we already know that's not selling and it's not going to sell. jenna: interesting. we'll watch for that as well, larry. this term isolationism has come up often in conversation, really by both sides. and i'm curious as you look over the last 100 years in the country when it comes to foreign policy and different leadership styles, is this sort of the

cycle repeating itself? you know, every few years this isolation tendency comes up or are you viewing this as different considering this time and place? >> i think it's different. here is why. jenna, americans are naturally isolationists. we control a big part of a continent. we have a lot of problems and we like to focus here. but we are willing to get involved abroad when we understand that something is in our national interest, when it's in our interest to do it, we'll make the sacrifices in blood and treasure to do it. as i said, that's totally absent here, at least at this point. the president has not made the case convincingly not just to republicans and independen undi everyone opposes this. jenna: it's one of the reasons we'll be watching tonight at 9:00 p.m. eastern time. larry, always appreciate you, your time. thank you very much. >> thank you. jon: even the president

acknowledges he has a heavy lift on this one. this video is an instant sensation. now the secret is out. we reveal all the fox 411 straight ahead.

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jenna: video dance trend exploding on the internet giving rise to an epic fall that went viral. it's not what it seems. what does it seem? maybe that's the question. there's more to this video than meets the eye. julie has the folks 411. >> by now happening now, viewers should know what twerking is if they've been paying attention to my reporting. a reminder for those who don't know what i'm talking about. >> twerg is when you girate your lower exemtremitieextremities.

just google it. >> this woman falls over and catches on fire. it turns out the video which went viral and viewed more than 9,000 times was a hoax. masterminded by none other than late night talk show host jimmy kimmel. he revealed the prank and showed the rest of the video where he walks in the fire extinguisher and douses the flames. >> those who thought the video was fake, you're right. we made it up. i also bit charlie's finger, by the way. we shot the video two months ago and posted it on youtube. we didn't send it to any tv stations, i didn't tweet it. we didn't put it on any news websites. we just put it on the youtube. >> and it went viral. he also joked about the fact the video was reported by many news outlets which also speculated

the video appeared to be fake. the stunt woman who admitted it was all a setup and said some people who knew her, including a high school boyfriend, even thought the video was real. some even blamed miley cyrus, as though it was her fault. jimmy did close with one wish. he hopes that something might come out of doctoring this video by saying it will hopefully put an end to twerking forever. that's a wish that i want to second. jenna: i think wishful thinking, though. videos like that, right? she's famous now. >> it's hard to believe anything you see on youtube now after this. jenna: we could recruit jon for our own video. jon: can i still blame miley cyrus? >> jon does a mean twerk, by the way. jenna: watch out for that viral video. thank you.

jon: there would be a whole lot of doctoring going on in that one. new concerns for american children who are extremely overweight. in fact, there's a whole new category for these kids. our medical a-teamer explains what's going on there. [ maragno ] if the car was invented today,

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jon: a disturbing new report finds 5% of american kids and teens fit into a risky new category called severely obese. dr. mark is a professor of medicine at nyu medical center. they had to come up with a new category because so many children were literally off the charts in terms of their body mass index. >> that's why, jon. kids came into their pediatrician and said you're greater than 99%. wait.

a kid may think that's good but actually, they've now defined it in a way, greater than a body mass index of 35. body mass index is what your weight is supposed to be for your height. you're a big kid but how overweight are you? previous studies show when you're this severely obese, you're building up plaque in your arteries that could increase your risk for heart disease and stroke. we know that obesity is a risk factor for all of these things. but the severely obese have even a greater risk. jon: some kids are coming in at eight, nine, 10 years old and they have hardening of the arteries and the same illnesses that middle aged people sometimes do. >> and parents have got to look at that way in advance. the parents usually think, well, they'll grow out of it. it's baby fat. they'll grow out of it. they should look in the coronary arteries of these kids. jon: what i understand is when kids get that big, it's hard for them to lose weight even with the traditional tools like diet and exercise or even surgery.

>> first of all, they get committed to a lifestyle they can't get rid of. that's number one. what the american heart association has done here, by publishing the scientific paper in circulation is to alert people to a new category. once we have the category, now we can figure out what to do with it. you said surgery? first of all, a lot of these kids can't be cleared for it. insurance doesn't always cover it for adolescents. medication, some of them are getting taken off the market. we saw that with fen-fen. now once we've defined this, we can take a full court press and try to fix it. jon: and what's the root cause of the problem? not enough physical activity? >> that's not the only cause of the problem. some of it is genetic and some is environmental, some of it is activity. the head of contract the c.d.c. said that exercise is the number one wonder drug. in america we're lying on the couch all the time. walking will help anybody that's obese but we also have to get at

the root causes. pediatricians have to look hard at this group. is there a metabolic problem? a genetic problem? something in the environment? it's specific patient by patient. jon: and sometimes it tends to one in families. you see parents who are obese who have children that are obese and perhaps don't recognize the danger? >> part of it may be genetic but the other part is there may be a culture of how they're eating, always a fast food, not enough fruits and vegetables. if you can introduce more fruits and vegetables in the diet, kids lose weight dramatically. jon: that's an easy question to a thorny problem and a scary one as well. >> the first step is identifying the problem. american heart association has done that today. jenna: no fairytale ending for this couple. eight days in the marriage, the husband ends up dead and the wife is behind bars. legal panel takes on the case next. also the president gearing up to make his case about syria to the american people. how is all of this playing out in the region?

live team coverage of the breaking news next.

jenna: fox news alert as we reach noon on the east coast. take a look what's happening 11:00 a.m. dallas time. a huge accident on the l.b.j. freeway. that's really causing a lot of traffic but more importantly, we're getting headlines from local reports that there could be some fatalities in this accident. what we're hearing is that a dump truck had some sort of accident and crossed over to the opposite side of the freeway. traffic was closed in both directions. you can see that it's moving now and we have had some reports that there were people trapped inside a variety of different vehicles that were affected by this dump truck. as we hear more and get more clarity, we'll tell you about the fatalities and also the

injuries in this but a major news story out of dallas today. meantime, some developing stories and breaking news from around the world. jon: the president getting set to talk to senate democrats pushing for limited strikes against the al-assad regime but resistance to the idea is growing among lawmakers. mr. obama will try to lay out his case on prime time television tonight. and remember all the hollywood celebrities who were so vocal in their opposition to military intervention in iraq? where are they on the president's plan for syria? and the apple corporation today unveiling plans for its newest gadgets. the iphone 5 s so how does it stack up to the competition? a close look all happening now. and breaking developments on the crisis in syria from big meetings and hearings on capitol hill to the president prepping for a major address to the

nation as we get word of a diplomatic deal that could avert a military strike. jenna: a lot of different conflicting reports as the day goes on. jon: all over, all kinds of directions. jenna: we're working to confirm all of it for you. we're live at the white house where the president will make the case for military action in syria in a speech tonight. that, of course, is what we've heard is the premise. we'll see how that address changes potentially throughout the day today. first, though, the president is heading to capitol hill right now where he will be meeting with a lot of key people. we're waiting a key meeting between the commander in chief and senate democrat -- and the senate democratic caucus. this as hear reid just postponed a test vote on syria citing international discussions as the reason for the delay. those discussions are centering on a proposal that the syrian president will turn over his

chemical weapons and place them under international control. that would then potentially delay or derail any sort of planned military strike. syria's foreign minister says his country accepts the deal and his russian counterparts are working on a plan of action. that's the big question. the president is calling this proposal a potentially significant breakthrough and has agreed to discussions at the u.n. security council on the plan. secretary of state john kerry is testifying at a house hearing and he's been doing so this morning and says the united states will not fall for any stalling tactics and there's a big question about whether or not this is one and he clarified that military action against syria would really look like. >> president obama is not asking for a declaration of war. we are not going to war. there will be no american boots on the ground.

let me repeat. no american boots will be on the ground. jenna: goal of the mission is a big question for this administration. we have live team fox coverage. lynn is live in jerusalem but doug is live on capitol hill with some developments and doug, there's some reports there's a group of senators working on some sort of new proposal on military action. what do we know now? >> that's right. we're hearing about this new proposal and it may be necessary, may be not unexpected given the fact the old congressional authorization has been made at least somewhat mute or at least outdated by the new russian proposal. from what we're hearing, this is the work of mccain, graham pshgs chambliss and others. it would call for a resolution that al-assad did, indeed, use chemical weapons and it would call for a u.n. team to come into syria and to remove the chemical weapons within a specified period of time.

if the u.n. team were unable to remove the weapons within the specified time frame, then the u.s. would go to syria. at the same time, a lot of wariness, a lot of skepticism. here is harry reid speaking from the floor this morning. >> al-assad regime must act quickly to prove their offer is real, not merely a ploy to the late military action or actions from the united states senate. >> for the first time, this as the president called for the congressional authorization, the senate minority leader, mitch mcconnell, spoke up about the issue and laid into a withering criticism of five years of president obama's foreign policy. at the same time, he was cautiously encouraged by this russian proposal and said it is worth exploring.

here is mitch mc connell. >> let me remind everyone, even if this is agreed to, it's still a long way off to reaching an agreement at the united nations. so syria gaining entry to the chemical weapons convention and to eventually securing and destroying the stockpile. >> he said that his own state of kentucky has had experience with destroying chemical weapons and he says it's extremely challenges process. jenna: an interesting point to consider, also one point to consider is how will russia work with the u.n.? because they played a mostly obstructionist role so far when it comes to syria. we'll see how some questions are answered and if they can be. in the meantime, we have a big address coming from the president tonight. how does all of this affect what we may hear? >> you can bet a lot of revigs were made to the speech as speech writers were burning the midnight oil last night, probably a lot of revisions still being made as the president is meeting with the

democratic senate caucus this afternoon, having lunch with them and republicans as well. there's an interesting dynamic shaping up here. democrats are saying this russian proposal is a direct result of the president wanting to use u.s. force in syria. republicans are saying just the opposite, that it was the lack of u.s. resolve, the void left by that that allowed vladmir putin to step in and take charge here. you can expect that to continue and i suspect the president will include a reference to it in his speech tonight. jenna: we'll continue to watch for all the news, doug. thank you. jon: so syria reportedly agrees to russia's plan to place its chemical weapons under international control. that would avoid a u.s. military strike in response to the al-assad regime gassing its own people. syria's brutal war grinds on. syrian rebels posting this video online showing heavy shelling of a damascus neighborhood. it's unclear whether the gunner

is a rebel fighter or a regime soldier. the united nations estimates more than 100,000 people have been killed in the war with nearly seven million uprooted from their homes. leland is live from jerusalem. with all of this diplomatic talk, tell us more about how things really are on the ground. >> jon, they still continue to spiral out of control, especially with the summer offensive ongoing inside of syria. 5,000 people die there every month. that means since the alleged chemical weapons attack, about another 3,000 people, men, women and children, have all died there from conventional weapons inside syria. the fighting rages on. just recently rebels overran one of the key christian villages there inside syria and said they would blow up two of the oldest monasteries that exists inside of that country. also there's a lot of talk about these rebels that have overrun a number of christian veillagevil

either torturing or threatening to execute them unless they convert to islam. the situation inside syria is making for a lot of strange alliances. one of the ones we've seen for a long time is between president al-assad and the christian community there. inside syria, one of the concerns is that the government continues to lose support in the countryside, continues to lose ground. jihadists continue to take over. jon: what a mess. thank you. jenna: for more on owl -- all of this, let's bring in the director of mideastern affairs at the national security council. you have some questions about this diplomatic resolution that seems to be emerging. what's the biggest question of them all? >> i think the question now is where does president obama go from here? this is, i think, safe to say

it's a ploy by the russians to save us. this is something similar to what they did before both gulf wars, for example. but obviously president obama faces a very different situation than his predecessors faced in those situations because he had very little domestic or international support for what he was proposing. so this in a sense offers him what must seem in the white house like a godsend but the question is what will he do next? jenna: is america safe if al-assad remains in power through all of this? >> i think that that's one of the key questions about this proposal. you know, the proposal is wildly impractical on its face. the idea of identifying syria's chemical weapons and destroying them amid a civil war but even more fundamentally, it really only addresses one single element of this conflict. the use of chemical weapons. there are many more things about this conflict which have threatened national security, the destablization of the middle east, all the refugees which has

t has produced and have placed a strain on our allies as well as the potential sort of civil war in lebanon and the involvement of hezbollah. jenna: there's an argument from some conservatives to say, yeah, leave al-assad in power. this is iran's vietnam war. it will only weaken iran and we should just let the war continue. very few will come out and say it that plainly. "wall street journal" disagrees with that, michael, but what do you think? >> i think that's terribly misguided. iran has made an investment in saving us out here. it's not something that's draining iran's economy. it's not an investment of that scale. this is training militias and so forth. if iran is able to do this without being challenged, without being confronted, i think this will probably embolden iraq and hezbollah to think they can do more things in the region. the idea we allow iran and hezbollah and other proxies to

do this without any challenge, i think, would pose real problems for the policy in the region. jenna: how can we confront them without military action? zinc it's very hard. i think that the idea that the obama administration has put forward that all of this is happening because we had a tribl threat of military action is wrong. i don't think that threat was credible because of the defeat that was looming in congress. but i think that having that credible threat is important and that's why i think that president obama should still go to congress and say, give me authorization if this diplomacy fails. but i think that without some element of force here, without some element of threat, i think it will be very hard to get iranians to cooperate. jenna: we're hearing murmurs that there will be some sort of deadline set. for example, the congress could approve something to say, okay. we'll work through the u.n. but you have 10 days or you have 30 days and i'm just picking those numbers out of the air. we don't know what the time line would be, michael, but what would be a time line that you

could consider effective to say, we gave this diplomatic channel a chance and now we are moving to military intervention. >> well, i think you can have a time line for syria accepting a plan or a resolution but the time line for actually destroying the chemical weapons i think is hard to pin down. it could take a very long time. much more important is the scope of the resolution t. has to say more than just destroy chemical weapons. it has to have some prospect of resolving the underlying conflict. otherwise, frankly, it won't improve our situation in the middle east. noi something to watch. as always, thank you for your expertise. we appreciate it. >> thank you, jenna. jon: develops are breaking fast. we're live at the white house as president obama makes his case for military action. what he needs to say tonight to get the public on board.

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jon: president obama gears up for a prime time address to the nation in which he will still push congress to approve a military strike on syria. even after syria agrees to a russian proposal to place its stockpile of chemical weapons under international control. >> we need to make sure beforehand that the syrians are serious and will actually follow through on a commitment to give up a chemical weapons stockpile they've been husbanding for decades against this international prohibition. they refuse to sign the chemical weapons convention for 20 years. they have never acknowledged they have the chemical weapons even as they used them against their own people. there is ample reason to be skeptical but there's no question as they have explicitly said they're taking this action or at least responding this way because they want to deter u.s. military action. so it is the threat, the credible threat of action by the united states that has brought about this potential diplomatic break itsthrough.

jon: the president will offer arguments about why he needs the approval for military action if necessary, including what the "wall street journal" calls the credibility gap argument which is, quote, american credibility will be undermined not just across the middle east but around the world if it doesn't follow through on threats to punish syria with potentially dire consequences down the road. jerry is the executive washington editor of the "wall street journal" and he joins me now. you heard jay carney, the presidential spokesman, in that little sound bite there say, credible threat. essentially they're taking a small victory lap already suggesting that the syrians wouldn't be offering to give their chemical weapons to the russians if they hadn't been fearful of an american attack. do you think that's correct? >> well, i think that probably is correct. at least the russians were worried that might happen but i think the more important thing is what happens now?

in other words, as jay carney said and as we will undoubtedly hear the president say tonight, the reason we've gotten to this point is there was a credible military threat on the table. how credible depends on who is doing the judging but go forward, i suspect the will say we only make progress here going to a military tactic if the credible threat remains. that is congress passing something that says even if there's a diplomatic trek underway, if that doesn't work we authorize the president to act. that's what i suspect president obama will ask for tonight. jon: when the secretary of state says this military attack would be unbelievably small, that seems hardly a motivator for al-assad to give up his weapon. >> i'm sure you won't hear that phrase in the president's speech tonight. that was a mistake. what the administration has been signal to go people on the hill to make sure there was a credibility military threat is that it would be robust, significant, meaningful and that's what the president has to

convince people of on the other side, people who want there to be a credible military threat before they'll vote for something in congress have to be convinced it is credible and it would be significant and he's going to have to thread that needle tonight. that's going to be difficult and it's been one of his problems here all along. jon: the president has to tell the american people that the response is in america's national interest. >> right. exactly. i think that's where the debate hasn't been engaged very well by the white house. what's the american national interest? i understand the humanitarian interest and the moral argument but what's the american national interest? and the american national interest has to be an explanation that says essentially if bad guys in rogue states can sort of move across the international landscape, amassing weapons of mass destructions with nothing being done about it, that could be a threat to the u.s. that's why we have to draw a line here. that's articulated as well. the reality is americans really are worried. it's not just war weary. i think they're weary in general. we had a poll this week and 3/4

people we talked to said they think the u.s. should be paying attention to at home and not overseas. in 2005, that number was 54%. you really have seen a rise not just the result of two wars in the middle east but a long economic slump. people are saying enough and that's the backdrop the president addresses tonight. jon: and this president was voted into office in a large part because of his promises to end the war in afghanistan. good to have you on. >> thanks. happy to be with you. jon: be sure to keep it here on fox news channel. we'll air the president's speech tonight 9:00 eastern. you can see if your thoughts are swayed. jenna: you mentioned the war in iraq. they talked about the iraq war but it seems like the stars, celebrities, don't want to talk about syria. we'll find out why hollywood and the most outspoken actors and actresses are keeping quiet lately.

jenna: new video from iran today. 44 people killed when these two buses collided about 80 miles south of tehran. one bus veered into the oncoming lane when a tire blew before it planted into another bus. 44 people were injured when this accident happened. they're being treated at an area hospital. iran has one of the worst road safety records in the entire world. more than 20,000 people killed in accidents there every year. jon: in the philippines, what was supposed to be a peace deal turns inti a hostage situation during a standoff between hundreds of muslim rebels and the government there. about 200 guerrilla fighters holding dozens of human shields in several port cities, burning down homes and exchanging mortar fire and bullets with government forces. the rebels grew tired rile

waiting for their own autonomous region in the south. now the group is threatening to reveed. jenna: hollywood silent when it comes to a strike in syria. celebrities once so vocal against the bush administration in the iraq war and being anti-war in general, not making a peep when the president is talking about bombing syria. william is live in our west coast new room with more. >> 10 years ago more than 100 hollywood celebrities signed a petition against any armed intervention in iraq by the bush administration. because they said there was, quote, no need for war. unquote. sean penn divided saddam hussein despite his use of chemical weapons against his own people. now with president obama threatening to bomb syria over chemical weapons over the own

people, celebrities are nowhere to be seen or heard. here is sheryl crow and jane fonda then on war. >> i would say that i think the war, there are huge retributions that will follow and i think war is never the answer to solving any problem. >> i'm so sad that we still have to do this. that we did not learn the lessons from the vietnam war. >> nothing now from jane on syria but last week she did tweet, just read carey's book. it's terrific. they said it increased human suffering, that list included matt damon, ethan hawk, samuel l. jackson and ed o'neill mention others. no tweet, no "people" magazine or twitter now. double standard hypocrisy? a former actors guld trustee

suggests that his colleagues may be putting party over principle. >> speaking before doesn't surprise me because it's a very emotional thing. what does surprise me is that they're not out there doing that now. it does make you wonder, is it because it's okay if it's one party but not the other? >> ed asner said that many in hollywood don't speak out because they don't want to be anti-black being by opposed to obama. jenna: william live in los angeles. thank you. jon: so president obama just arriving on capitol hill. he'll talk about senate democrats before he speaks to the nation tonight. the impact of the fast moving events will have on his speech plus getting congress to go along with any possible military strike: [ shapiro ] at legalzoom, you can take care of virtually

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go call now! we'll finish up here. jon: now to the politics of the crisis in syria. we're live at the white house as president obama prepares to address the nation on taking military action against the syrian regime. he is fate facing an uphill battle not obl from the american public but lawmakers as well. mitch mcconnell saying he would vote against the authorization authorizing military force. john boehner says that president obama needs to make a stronger

case tonight because the americans don't support his position. new fox poll backs that up showing 68% of those surveyed say the u.s. should stay out of syria because it's a civil war. joining us now, washington columnist for fortune may go sglen and fox news contributor. jamie is senior editor at the daily caller. thank you for being with us today. >> thanks for having us. >> thank you. jon: nancy pelosi just sent out a tweet, jenna alerted us to it. she said that the president should get all kinds of credit for his strong handling of the situation in syria and that that's why, essentially, i'm para phrasing, that's why al-assad has come forward with this offer to give his chemical weapons to the russians. jamie, what do you think about that? >> his handling of syria has been an absolute debacle. in terms of credibility with the russians, you could make the case that the president is at

his lowest point in credibility regarding strikes than he's been since august of 2012 when he instituted the red line. he has a secretary of state who is saying the attack is going to be unbelievably small and you have a congress which is on the verge of voting down his use of force. so if i'm al-assad and the russians and i'm looking at this, i don't see a great credibility in the use of force at this point. i'm seeing the least credibility since august 2012. at least then he wasn't saying he's going to bring it to congress. he was saying that he could strike at any moment if they use this. now he's bringing it to congress and very likely if things don't change, he could have that resolution voted down. that's not credibility. jon: the secretary of state did say it would be an unbelievably small attack. the president turned around and said the united states does not do pinpricks so which is it? >> they're trying to get on top of this situation in which they've let develops completely get ahead of them. this plea to congress, this plea

to the public tonight, is an uphill battle as you point out. it's going to be found very different than it would have after the developments of yesterday, the fast paced developments where a seemingly off hand comment by the secretary of state becomes an offer from the russians, gets signed on to allegedly by the syrians and is suddenly white house policy. so what we're going to see in this speech tonight is trying to get the public on board with yes, we need military on the taken, we need to stand behind -- we need to have the prospect of force but let's give peace a chance and it's all because of this time buy that the russians have given him. the interesting thing to watch for tonight, though, is he going to -- is the president going to set yesterday another red line? is there a deadline? we've heard a week. is it going to be two week snz what's going to be the turning point, the certainty point where we're actually going to take

force? jon: larry told jenna last hour a presidential speech can sway a few percentage points of americans but when you look at the polling numbers, well, he's described it as a big lift, a heavy lift and that's an understatement perhaps. 60% of americans disapprove of the job he's doing regarding his handling of the syrian crisis. that's up by 20% since may. right now only 29% of americans approve of the job he's doing. so jamie, i don't know. how does he try to convince them? >> he's getting in late on this. he's had his secretary of state and a lot of other officials come out and try to make the case for syrian intervention and he went off to, you know, russia, went to play golf the day after he made the announcement. he hasn't made the case in the forceful terms of a presidential address. so he's already coming in late where a lot of this has already been decided by the american people. i think he probably can sway a lot of -- some of those people

who rapidly support him and trust him and he has a wealth of trust but i think the public has already decided this is not in america's interest. they don't understand what we're doing there. the best hope he could do is lay out clearly what the goal of this action would be, how we would accomplish that because there's been a lot of conflicting messages between what the administration is saying on one hand and from the white house and then what secretary kerry says off the cuff in front of congress. jon: right. does anybody think that this russian proposal might just be a gigantic bruise to stall and eventually collapse? that has happened in the middle east many times before. >> yes. of course history suggests we should have a lot of skepticism about this. however, the russian government wants two things. i think they want al-assad to stay in power. obviously they want their client in the middle east safe until power. jon: our president said he doesn't want. >> right. so he doesn't want a military strike that could potentially threaten that. the russian government doesn't

want that. the other thing they do have concern about is chemical weapons falling into the hands of terrorists. again, if things got worse there. so there is some -- you know, it's a small degree and at least the white house is saying we take this with a great deal of skepticism but how long are you going to let -- again, how long are you going to let them buy time like this? are you going to set a deadline, a red line again? how long do you let this go? >> i agree with nina but from one perspective, this has already been resolved. the russians had the proposal to get the chemical weapons. al-assad said he doesn't have chemical weapons. mission accomplished. they're under control because they don't have chemical weapons. jon: and the white house is saying this never would have happened if he wasn't credible in his threats to use force. we'll see what else he has to say tonight and whether he can sway that 60% of the american

people who don't like what he's doing with regard to syria so far. all right. thank you both. >> thank you. jenna: it's supposed to be until death do us part but prosecutors say a woman wanted her husband dead after just a week of marriage. the disturbing details when our legal panel takes up the case. the woman now behind bars. also paying more for less. while the price stays the same, a popular brand with families in this country using an old trick to boost the bottom line. we'll tell you how next. this is for you.

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i'm here to get the lady of the house back on her feet. [ all gasp ] oj, veggies you're cool. mayo? corn dogs? you are so outta here! aah! 'cause i'm re-workin' the menu, keeping her healthy and you on your toes. [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. i see you, cupcake! uh-oh! [ bottle ] the number one doctor recommended brand. ensure®. nutrition in charge™. jon: breaking new a big rally on the steps of the capitol. this is an anti-obamacare rally. some of the politicians that you know are in attendance. senator mike lee of utah there, senator -- i'm sorry, senator -- representative louie gomert and

steve king both in attendance. it looks like rand paul at the podium. they're suggesting that america should be exempted from obamacare. this in reaction to facts that members of congress have been exempted from or at least getting federal subsidies to pay for obamacare which ordinary americans generally are not. we'll keep an eye on that and if there are big statements, we'll bring them to you. jenna: also happening now, a newlywed accused of killing her husband just one week after their wedding. federal prosecutors say jordan graham was having second thoughts about tying the knot with a man on your screen, cody johnson. when the two went hiking at glacier national park in montana in july. dwra gra ham finally admitted she pushed her new husband off a cliff after he grabbed her arm during an argument. family and friends called for an investigation right after his body was recovered saying they

suspected foul play all along and now graham is facing a second degree murder charge that could put her away for a long, long time. fox news legal analyst and a criminal defense attorney, let's talk about this. that's -- there's some -- there's reports that she was a little bit apprehensive about her new marriage but that's a long line to draw from being apprehensive about being a newlywed to then murdering your husband. how strong, really, is this >> it's a very strong case. you said it. you said she finally admitted that she had pushed him over that cliff. that's key. finally admitted. july 7 is when they went out for this walk. body was not discovered until july 12. in between that time, she was interviewed and she said, oh, i saw my husband, you know, go in a car with washington state plates. i saw him in the car. he must have been out with them. she was making excuse after excuse and she was texting with friends saying i'm really not

sure this is a good idea. i'll talk to him about it now, getting married. all of that happening. jenna: she also is texting her friend saying i'm going to talk to my new husband but dead serious, this is in a text message, if you don't hear from me at all again tonight, something happened. and the way she describes it is that they were having a big argument. he grabbed her, she turned around and pushed him and pushed him off a cliff. how about that story? >> i've heard of broads having cold feet but this lady must have been walking on blocks of ice down the aisle. she has an interesting argument that there was an altercation. there was an argument. she said that he grabbed her arm. she pushed him. this may be, may be a case of self defense but as the other expert alluded to, those statements she gave initially giving a false statement and then admitting to the murder, that's going to be an uphill battle for her. jenna: it reminded us of this case of honeymooners. we had the case of the two

honeymooners from the south who went on a diet together on their honeymoon and the husband was charged with the murder of his wife. there's a picture of them. i'm sure our viewers will remember it. it's daniel watson and -- i'm sorry. gabe watson and tina. this was the same sort of case in that it was only one other person was there and the other person was dead. so in this sort of situation, second degree murder versus manslaughter, how do you figure that part out? >> i think don't forget the connecticut case where the couple was on the cruise. remember that? there were no eyewitnesss. there are no eyewitnesss except for her texting, lying and then her own admission to, you know, what happened in that fateful night. i think if i were prosecuting this, i would look at it and say, i'm charging second degree but i probably would accept manslaughter. there could be an argument at that point that obviously it wasn't premeditated. they were arguing and she pushed

him. jenna: a week passes before she even helps law enforcement find the body. how damaging is that? >> i think she made a good point, going back to the other expert, that it really comes down to intent. second degree murder is an intent based crime. manslaughter is not an intent based crime. that's why the penalty is much less. to go back, defense attorney could make the argument she was scared, concerned, they got into an argument and she pushed him and she didn't know what to do and she made a mistake. just because you don't want to be married to someone doesn't mean you necessarily want to murder them. jenna: and whether or not you're going to a walk, you think you're going to argue, make a false move and someone winds up dead. >> that's right but the point is, she might not have been charged at all or the self defense argument but she didn't come forward. not only did she not come forward but she lied about it. she covered it. she said he went in the car, all these other things. she made her case much worse.

jenna: we'll continue to watch this story and find out what happens in court and if anything else comes up. thank you very much. jon: advice to young people. don't marry a sociopath. jenna: excellent advice, jon. maybe premarriage counselling could be another career for you in the future. jon: we'll think about that, yes. some brand new developments in the massive wildfire near san francisco as the flames now threaten dozens of homes. how crews are battling this inferno. also we are minutes away from a big announcement from apple. the next generation of iphone and what they will be able to do now. folks in new york city and around the country waiting to get a look at it. maybe they're heading to the apple store. [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health.

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jon: right now wall street is feeling pretty god. dow jones up about 89 points at the moment after news of a potential diplomatic breakthrough that could avoid a strike on syria. but there's also news of a shakeup in the stock market. some big companies booted in the drou jones in a historic three for three swat. al c alcoa, h.p. out. goldman sachs, visa and nike are in. last time this happened was in 2004. jenna: new names there. all you new moms and dads out there, your diaper bags may be getting a little lighter and here is why. starting soon, those of you using pampers or luvs will notice you're running out of diapers faster than normal and that's because they're going to be downsizing their diapers so there will be fewer diapers in a bag but still cost the same amount.

the manufacturer proctor and gamble is raising their prices per e.d.: to her keep the costs down. that's because they had better technology in the diapers. they're more expensive to make. that's it. jon: do we believe that? jenna: i don't know. that's what they say. you want a good diaper, i guess. jon: i'm glad i'm beyond those. you still have that coming, by the way. jenna: now the segment is taking a turn for the wore, people. jon: just saying. sometime. apple making big announcements sometime. robert gray is live at apple headquarters in coopertino, california. what too they have to tell us? >> well, jon, they're expecting to brighten your day, everyone's day. that's what the invitation said. you can see the billboard behind me there. that was the replica of that invitation so they're expected to move beyond black and white for the iphones and have more colors and they're going to unveil, expected, anyway, two different models, a lower price model in addition to the 5 s.

the iphone 5 was unveiled a year ago this week. they may have a fingerprint sensor on there for secure payments and also for your passwords on the home button here and this lower price is unclear exactly how much lower it will be but certainly the margins would perhaps be better on those discounting the existing 5 s pressures that you've seen as the stock came well off its high. jon: also a software announcement? what can you tell us about that? >> yeah. that's right. and that's -- we sort of got a sneak peek at this a while ago. i.o.s. 7 is the new operating system for the iphone and basically it will work with the iphone 4, 4 s or 5 and higher only. so if you've got an older model than that, you'll need to upgrade to run the i.o.s. new look, buttons, trans lucent keyboard and when you move it around and manipulate it, it will have a little depth perception to it and kind of like 3 d, if you will.

it would have automatic app updates so you won't have a 45 waiting for you when you look down at the iphone and battery life, they say, jon, because it will take power away from some apps you left open or your kids left open and you didn't realize they were left open. jon: robert gray, let us know what they show us. thanks. >> just minutes away. jenna: trespassers beware. you don't want to get anywhere near this guy's yard and we'll tell you why. it seems pretty obvious. that's next.

>> looking to grab serious money in auction. two doouling dinos discored in time. they are preserved dinosaur skeletons and could fetch a 9 million inauk. they are person because bones

show that there may have been a smaller predatorroamming the world 65 million years ago. long with the t- rex. it looks like it is that big. >> one of them is a smaller version of t- rex. >> dirty harry would be envious. a giant myth and wesson magnum mail box. the new jersey built it to drum up attention for his metal fabrication. and the neighbors andine his mail carrier love it. >> it might be a new thing. so those mail boxes coast to coast. sends a message. >> and kids who come along with a baseball bat can't take it out. >> good point, john. >> that's right. thank you for joining us.

>> thanks, everybody. america lives starts right now. >> thank you, guys, starting with a fox news alert on the crisis in syria developments are changing by the moment on this as president obama prepares to address the nation eight hours from now. welcome everybody. i am martha in for megyn kelliy. >> it a pores that president obama would ask congress and the american people for support to launch a military strike against syria it so manies that the president is shifting his strategy on this. he has spoken with the leader was france and britain and looking into a russia proposal and russian plan to place syria chemical weapons under international control. that plan is expected to be discussed in the un. that could come up at 3 o'clock this afternoon. the president is on