martha: no, he got scolded by the priest. that terrifies me. doesn't that terrify you? bill: unfortunately, it is all on film forever. busy monday. we'll see you later everybody. martha: thanks for being with us, everybody. "happening now" starts right now. jon: we begin with a fox news alert on what looks like a war zone at a shopping mall. at this moment military forces are conducting an intensive rescue operation in nairobi, kenya. their mission? free an unknown number of hostages taken by al qaeda-linked group over the weekend. the terrorists ambushed this so-called soft target from kenya and really all around the world. they killed more than 60 people. we know the injured include americans. there are questions whether americans might be among the attackers. we have a live report on breaking developments just moments away. but first, brand new stories and breaking news. jenna: front and center on the

world stage. u.s. ambassador to the united nations samantha power, faceing a critical test with huge implications for our global reputation. the risk and reward of negotiations with russia over the removal of syria's chemical weapons a big week at the u.n. also a family still seeking justice, releases this video of a police cruiser running over their loved one. what they hope to achieve after a grand jury decided the officer can not be criminally prosecuted. could the ability to conquer our fears lie in our sleep? an interesting question today, "happening now." jenna: but back to our top story. we begin with a shopping mall under siege in the heart of africa. right now a high-stakes operation is unfolding in kenya after the government decided to storm the mall with terrorists still holding an unknown number of hostages. this deadly siege now in its

third day with an outcome still far from certain. it is a big story. we're glad you're with us, everybody. i'm jenna lee. great to have jon scott back today. jon: good to be back from a week's vacation. scenes of chaos both inside and outside of a luxury shopping center in the capital of nairobi over the past three days. earlier today several large blasts rocked the mall sending plumes of smoke. >> the area. witnesses are hearing rapid burst of gunfire. kenya's interior minister said they killed two gunmen related to al qaeda. so far the attack claimed more than 60 people. kenyans and foreigners are among the dead. more than 100 people injured include several americans. leland vittert is following the sveltements from jerusalem for us. leland. >> reporter: hi, jon. a source there on the ground in nairobi tells me they think they are down to either the last gunman or last group of gunmen

holed out on one of the upper floors of that mall. starting last night kenyan forces moved in. remember this isn't a hostage rescue team or specialized kind of swap team. these are kenyan army regulars trying to retake the mall. difficult task even under the best of circumstances with well-trained men the kenyan military is simply not up to the task right now as they try to move through. there is smoke pouring out of the top of that mall. the camera position you're looking at is roughly 100 to 150 yards away from the mall itself where this gunbattle has been going on most of the day. we're told there is 100 and 150 kenyan forces inside the mall. this all began about 48 to 50 hours ago when between 10 and 15 gunmen linked to the militant group al-shabaab went into the mall and began shooting people before they were shot and killed, a number of people were asked, are you muslim? some were reportedly asked, sort

of quiz questions about the muslim faith to see if they were lying. and then summarily executed if they failed that quiz. again that is a report from inside. we have cell phone video from the moment the people were shopping. appears to be in a grocery store when the explosions and gunfire began. you can imagine chaos that unfolded over the next couple of hours as people tried to escape the gunmen all throughout this mall. looking forward right now, jon, the other issue, who are the gunmen themselves? we do know there were a number of americans who were injured. there are similar indications there may be americans among the gunmen who would be linked to al-shabaab, the al qaeda group. we heard reports of al-shabaab recruiting americans this would be a big step though if they were involved in this attack. jon, back to you. jon: that is one of the great concerns under investigation. leland vittert. thank you. jenna: a topic for our next guest who says the attack by

al qaeda linked shabaab network highlights the obama administration down playing threats against the united states and its allies. we have the director of atlantic center at the african send he ister. he finish ad book focusing around this particular group. peter, why is that a failure in policy what we're seeing today? >> jenna, good to be with you again unfortunate as the circumstances may be. for the last two years the administration and its many international partners of the somali government and east african government have been doing this victory lap saying shabaab has been defeated, we have won. there were senior administration officials spoke about a somali model about peacekeeping throughout africa. a number of us were concerned that the try all fallism was too soon and premature. that shabaab was shifting tactics from guerrilla insurgency to terrorist

organization and the eyes of the authorities were really off the ball. jenna: why do you think this is happening now? >> shabaab is going through a transformation. it lost the territorial command it had of large parts of south-central -- somalia. there are infighting with those interested in fighting in somalia and those with a more of a transnational agenda. the amir who assumed command, the fellow who assumed command who has longstanding links with al qaeda and took shabaab and made it to formal affiliate of al qaeda central has gotten the upper hand. with the upper hand we see they got increased operational capacity and tactical knowledge that has been put unfortunately to deadly effect in nairobi. jenna: who is financing them? >> well i think they're getting support from a variety of sources. shabaab made literally tense of millions of dollars during the period when it was in control of large parts of somalia through

various racquets and taxes. it has a lot of reserves. it is no doubt getting money from al qaeda supporters abroad. certainly financing the foreign fighters and trainers that it has been receiving. so it's a combination of that. also we had prosecution even in the united states of people in the somali community, surely a minority but nonetheless present there, who were raising money in american communities for al-shabaab. jenna: we don't know the answer to the question whether or not there are americans involved in this attack but the fbi and it has been well-documented there has been some sort of a terror pipeline they call it from the twin cities in minnesota to somalia. that is what they're looking at. there is a big somali community in the twin city area. what about that connection, peter? how strong is the recruiting network and next question becomes, when do we see an attack by al-shabaab on our own soil? >> well, that network of support and that pipeline as you call it, jenna, bringing materials

and or recruits tohas been going on for several years. it contributed to america's first suicide bomber, ahmed, several years ago. it seems to be still active. al-shabaab's twitter feed before it was shut down over the weekend released the names of 17 of the attackers and six of those names were traced back to the u.s., to minneapolis st. paul, kansas city, kansas, tuscon, arizona, maine and illinois. there is clearly some indication that americans were involved, if not six, certainly like there there were some americans. the question is going to be, if they can recruit from here for attacks abroad, the question is going to be, will there be attacks here in the homeland? there haven't been so far, thank god but one has to be vigilant. jenna: we're seeing something on our screen that want to point out to our viewers, peter, if you just stand by for a second. of course we have the smoke in the distance.

leland vittert told us we're about 100 yards with a camera shot from the mall. on the right side of the screen is actually the military, what we believe the kenyan military in some sort of a position in a group outside the fence. what is the operation look like inside and what is transpire something we don't know at this time. i wanted to explain some of those live pictures. peter, the connection to al qaeda, let's talk a little bit about that because there was also a very deadly attack in yemen by the al qaeda affiliate in yemen on friday and i can't help but think about the news in early august that the united states had shut down some of its embassies, concerned about some sort of a coordinated attack, series of attacks by terrorists. is there any indication, would there being any connection that we're seeing something like that simultaneous attacks from different al qaeda affiliates? >> we don't have the evidence in yet but certainly we do know historically the extremists, the militants of al-shabaab in somalia and al qaeda in arabian

peninsula in yemen have had very close ties training each other's operatives. some of the early yemeni suicide bombers were trained in shabaab camps in somalia. subsequently when the militants in somalia were being pushed by african union peacekeepers supported by the international community, they got support coming from yemen. so there's been a back and forth that's been there for some time. so i would not be surprised if not at all that dynamic was at work here. jenna: so many questions unanswered. your study completed timely and will be published next month, peter. state collapse, insurgency and counterinsurgencies, lessons from somalia. love to have you back. it will be a story that continues. peter thanks for joining dawes. >> thank you, general that. jon: right now heads of state from around the world are arriving in new york stock exchange for the 68th united nations general assembly. debate kicks off tomorrow with speeches from president obama

and iran's president hassan rouhani. eric shawn live at u.n. the syrian situation, chemical warfare there and attacks, very much on center stage. will the u.n. do something about it this week. >> reporter: they were potentially to have a vote in the security council on the resolution this week but now that vote is apparently in trouble. that is because russia continues to insist of there is no threat of force in the resolution if bashar al-assad does not come buy. as for the syrian president himself he is saying russia and china will protect him. in a interview quoted by reuters, assad said he is not concerned at all about the resolution and criticized obama administration for bringing it. it is based on the framework between russia and the u.s. to get rid of its chemical weapons stocks piles by middle of next year a leader of syrian opposition, through fox news and diplomats they should not trust

assad. in an exclusive interview from within syria, the head of the free syrian army, general idriss, accuses of has assad and putin playing games with the international community. he says the resolution here must be tough. >> if the resolution does not include the threat of force the russians are fighting that as you know, is that acceptable to you or must it have the threat of force? >> it must have the threat of force and this reg deem don't understand any other language. >> reporter: general idris says the u.n. should arrest hassan for war crimes. his group will soon present evidence that in his view the assad regime is hiding chemical weapons, jon. jon: we'll have president obama and iranian president in town. might the two of them meet? >> reporter: that is the big question here in this building today. there is always that possibility. the white house says there is no formal meeting set but tomorrow the secretary-general has an

annual lunch for heads of state. jon, it is possible both men could be in the same room at the same time. as you know the iranians are trying a diplomatic new offensive hire on their disputed nuclear program but critics say they're just trying to delay and deny again. as you knee they continue to violate at least six united nations security council resolutions including demand to stop iruranium enrichment which they brazenly have not done, jon. jon: eric sean at the united nations. jenna: a lost news to get to today. we have a surprising discovery about insomnia that is real eye-opener. if you don't get enough shut-eye during the night you may think your brain is half asleep during the day. a new study says that is not affected. plus a new look at the effect of the health care law. administration talks about lowering costs but you get what you pay for as insurance companies limit your choices according to one report.

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jenna: welcome back, everyone. a deadly weekend around the world including in pakistan where protesters rally on the streets this morning as thousands demand change following the deadliest attack on a christian church in that nation's history. some smashed windows and set fires in the protests. many are accusing of pakistan's government of failing to provide security for churches and are now raising doubts about that country's push for peace with islamic militant groups lining the taliban. a pair of bombs went off just as parishioners were leaving services and killing 85 people and wounding more than 140. a group affiliated with the pakistani taliban is claiming responsibility for the attack saying they will continue to target non-muslims until u.s. drone attacks stop in pakistan. >> well the new health insurance exchanges are supposed to open next week allowing consumers we are told to shop for coverage. president obama says all that

competition is going to make health insurance affordable. what you don't hear him talk about much is the big reason insurance costs are dropping in someplaces. "the new york times" points it out on today's front page. many insurers are significantly limiting the choices of doctors and hospitals available to consumers. jamie weinstein is a senior editor at "the daily caller." so that is one way to drive costs down and according to the times, jamie, that's what's happening. some of these insurers are saying, okay, you want insurance? you will have a very narrow selection of doctors and hospitals who can treat you if you get sick. >> absolutely. they're limiting access to doctors and hospitals but it fit as common pattern we've seen since this bill has been enacted. when president obama was selling this bill he made all sorts of promises that have turned out to be not exactly true. for instance, he said we will insure 10 of millions of more people and implausibly it would not add to our debt. we know that was budget

gimmickery now. it will cost less. for some people it will but for young people the premiums will actually go up. he said you could keep your doctor. in some cases if you're moved to the obamacare exchanges with this "new york times" report, you may not be able to keep your doctors because of smaller networks. just fits a common pattern after bill of goods sold to the american people when this law was passed that just has not turned out to be true in practice. jon: talk about new hampshire and one of the state's biggest insurers, anthem blue cross and blue shield. there are 26 hospitals in new hampshire. anthem says we'll eliminate 10 of them as options under the new health care law. so, un, if all of a sudden more than a third of our hospital choices are out of bound to you in new hampshire, well, that will make longer drives and some other problems for people who get sick. >> right. according to one of the people quoted in the article, it could take at least half hour to an hour for some people on this insurance to get to a hospital

that's provided. you know, that is not exactly great access to health care, if you get this insurance. so that is certainly will create problems for those who don't live near any of the provider hospitals. jon: so in the meantime the house as you know has voted to defund obamacare. where does it go from here? is there really the appetite in the senate to make that happen? >> well i actually don't believe there is really a possibility to defund obamacare. you have to have the president vote away or sign away his signature domestic achievement. that first you would have to get the senate which is controlled by democrats to vote to defund obamacare. so i really don't think that's an option. i do think there is a possibility that obamacare could collapse under its own weight for reasons like this. depending onioning people and healthy people to pay for insurance they don't think they need, to spend money, need them to sign up. it is not clear they will actually do that we'll have to wait and see whether obamacare will actually get those young people it needs to support the

exchanges to sign up. i think that is really where the focus is going to be. jon: the president said you can keep your doctor if you liked your doctor. that doesn't seem to beholding up to scrutiny. we'll see. jamie, thanks. >> thank you. jenna: a family seeking justice today for a husband and a father, hit and killed by a police officer after running from the cops. a look at the video and why relatives have chosen to release it now. what implications does it have? also samantha power making her diplomatic debut as the new ambassador to the u.n. the negotiating skis is sure to be put to the test in critical talks to syria. former spokesman for four u.s. ambassadors, rick grenell weighs in on the big weekend next. i remember the day my doctor said i had diabetes.

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jon: samantha power faceing a

critical test as the new u.s. ambassador to the u.n. she is now front and center in contentious talks to create a u.n. security council resolution that would mandate elimination of syria's chemical weapons arsenal by the middle of next year. so how does she accomplish all of this? rick grenell is a former spokesperson for four previous u.s. ambassadors to the u.n. and fox news contributor. interesting situation in which she finds herself. she has long advocated the use of force begins the syrian leadership in this chemical weapons attack. now russia has stepped in and said, you use force, or threaten to use force, we're going to veto this resolution. >> yeah, and don't forget just a couple weeks ago she threw up her hand being on the job 19 days and said the security council can not come up with a decision and diplomacy is dead. now she is having to backtrack and convince the other 14 members of the security council that diplomacy is not dead.

she has a very tough job. hopefully she can really buckle down and be a good negotiator. we know she is a very good talker. we know she delivers incredibly poetic speeches and writes great books that is the not job of the u.s. ambassador. mbassador has to sit across from the table of russia and negotiate a resolution. she has to buckle down and be very tough looking across the table. jon: you mentioned her speeches and her oratory. she was, essentially a writer and a reporter. she doesn't have a long history of statecraft. >> she reilly has no negotiation experience whatsoever. there are people mo are very nervous about whether or not she can deliver. let's be honest, secretary of state john kerry and sergey lavrov, the foreign minister of russia, came up with a deal about what to do with syria. we now have to put that into the form of a resolution and what needs to happen is samantha

power needs to make sure we put into the resolution a very clear penalty if syria doesn't comply. certainly we know that there has to be penalties. and so those penalties have to be very clear inside the resolution, the way that this works at the u.n., is, security council members get to decide whether they right the resolution under what we call chapter 6 or chapter 7 mandates. the chapter 6 mandate literally says you can not use force. there are no guns allowed. so we can't really write this under chapter 6 and be serious. jon: so what is she to do? i mean what are her choices? are you sympathetic to the situation which she finds herself? >> well, look, i've sat across the table with russia as million times and they always say they're against resolutions. would russia would say they were against all five iran resolutions that we in the bush administration forced them to a vote. you can't listen to what they're saying. they're very good at the pr game but i think what you have to do

you have to lay down the resolution, you have to put very tough verbs in that resolution and then force a vote. call the vote. make them raise their hand and veto it if they want. they would then get the blame for not having a diplomatic solution to syria. what we have to be able to do is if we're going to put in writeing a serious, diplomatic strategy, there also has to be penalties for not complying with that serious diplomatic strategy, well, make a prediction here. what do you see happening? >> i predict she is not able to convince russia because she doesn't have negotiation experience. if she was sent up to harvard and had to convince a bunch of grad students what to do then we have the right person for the job. she would be very good at that. jon: negotiating with the russians, never an easy task. rick grenell, thank you. jenna: we're following some breaking developments in a deadly hostage crisis in kenya but who is the terror group

al-shabaab and what does this terror attack say about al qaeda's strength right now? we talk to general keane coming up. new concerns over insurance rate shock as we're now just days away from the rollout of the obamacare exchanges. what some ordinary americans are finding out. >> from 333 to 965. >> i had the same look on my face. of course i was standing right next to my wife and she had to look at it -- and that their homeowners insurance protects them. [ thunder crashes ] it doesn't. stop pretending. only flood insurance covers floods. ♪ visit floodsmart.gov/pretend to learn your risk.

jenna: a quick check on breaking

news. new concerns americans may be among the terrorists who killed dozens of people before taking hostages at a mall in kenya. kenyan forces now locked in a tense standoff with those attackers and we believe more people held hostage at this time. lawyers for the suspect in the boston marathon bombings discussing the protocol for prosecutors to keep the death penalty against their client at a court hearing today. we'll have a live report next in boston and countdown to a budget showdown. a little deja vu here. we're days away from a possible government shutdown as the senate meets to take up a house approved plan that would keep funding the government but defund obamacare. jon: finding or no finding, we're now eight days away from a major milestone for obamacare. the government run insurance exchanges are set to go online on the 1st of october. some who will buy their health insurance on the individual market may be in for a bit of a rate shock. chief national correspondent spoke to one man whose premiums

are about to nearly triple. he joins us live with more on that. >> that's right. andy and amy are just the kind of people who should be helped by obamacare but they recently got a nasty surprise. >> my suspicions were aroused when i saw your action required benefit changes enclosed, act now for my insurance carrier. of course, i opened it immediately. >> and it had stunning news. the insurance for them and their two boys, which they bought on the individual market, was going to almost triple with the beginning of the new health care law in 2014. from $333 a month to $965 a month. and the insurance carrier said that the new premium was higher in order to be compliant with the new health care law. listen. >> this is not a cadillac plan. this is not even a silver plan. this is a heidi deductible plan

where i'm assuming a lot of wrist for my health insurance for my family. and nothing has changed. our boys are healthy, they're young, my wife is healthy, i'm healthy. nothing has changed to warrant the tripling of the premium. >> eventually i've got that coming down the pike that i'm going to have to figure out where we're going to cut, what we're going to do to afford $1,000 a month medical insurance premium. >> his insurance company refused to comment but the notice to the family carries this para graph saying, quote, if your policy premium increased, you should know this isn't unique to humana. premium increases generally will occur industrywide, it said. increases aren't based on your individual claims or changes in health datas. many other factor goes into your premium including the addition of new essential health benefits.

a.c.a. is the abbreviation for the health's new law dubbed the affordable care act, which for this family will be anything but affordable. jon: a lot of people waking up to surprises, i think. thank you. jenna: the deadly terror attack in kenya showing how resilient al qaeda is in africa right now and these terrorists are said to be from al-shabaab tied to al qaeda. they've been responsible for multiple attacks and assassinations of peace activists and aide workers, including a 2010 bombing in uganda that killed 20 people. at a 2011, the homeland committee said that al-shabaab actively recruited between 40 and 50 members from here in the united states. general, a four star general and fox news military analyst, when we see that video of families running from the mall, two things go through anyone's mind. how can we help them?

will that happen to us? let's start with the first one. militarily, what's our relationship like with the kenyan government? are we there on the ground? can we help them? >> we have a very good relationship with kenya, especially when they moved to democratic reforms in 2002 and they started to improve on human rights and they've been instrumental in pushing back al-shabaab. the fact of the matter is the african union really marginalized al-shabaab in kenya. we provided drones, lots of intelligence and i think everybody who worked in this area in eastern africa felt pretty good about marginalizing al-shabaab for the countryside in some kal -- somalia. we do provide them military assistance, we provide them with some drones, hand launched

drones, not the sophisticated ones you normally see on fox but things that assist them in intelligence. jenna: our guests at the beginning of the hour said that there were members of this administration both in the military and in the state department that have taken a bit of a victory lap because of some games against al-shabaab. that something happened in february last year when al-shabaab joined al qaeda officially, however you want to state that, that is an important turn in the group. how serious is that turn, general? how much of an adversary are there? africa? not just to that continent but the rest of the world? >> here is another group we don't quite know about from the american people's perspective and it must get confusing for our viewers to hear about another organization popping up here. this organization is primarily a somalia agenda.

they were running somalia for a few years and they were deposed, as i just indicated. i think it's too early to tell whether this attack is really going to put them back on the map again. they're not a trans national organization, although like they to claim it. their focus is eastern africa. they can focus on u.s. interests there if they desire to do that as well but this is undermining the kenyan people's support for their military who supported military operations against them in somalia. that's what this attack is about. as you noted, they did the same thing to the ugandan people. they have supported pragues against them in some ol -- somalia as well. >> we're seeing these attacks because of a failure to devote adequate resources to truly finishing the task. do you agree or disagree? >> i do agree in principle with that. when you look at al qaeda as a

general entity with all of the affiliates, they are doing what they kwated they would do and that is decentralize and begin to take over territory in the region. their number one objective is to drive the united states out of the region so they can do it. so this is a plan that is unfolding. what's frustrating about it, it comes at a time when the united states is disengaging from the region. we've been pulling back for the last three years and i'm absolutely convinced that has been a psychological advantage to the al qaeda and it has driven them to be more bold than what they have been in the past. jenna: always great to have you on the program. thank you. >> good talking to you. jon: a revolutionary new therapy that could help you overcome your deepest fears. scientists are hoping to be able to cure you of your phobias while you're sleeping. we'll tell you how. plus the fox 411 on last night's emmy awards. some fan favorites taking home

top honors. other went home empty handed. who won? who lost? who got lucky?

jon: breaking news and brand new stories next hour. frantic efforts in syria underway. government forces dropped explosives from a helicopter. not everyone survived. the captain of the ship wrecked costa concordia shifting the blame to crew members and mechanical problems. a live update on today's trial testimony. and hillary clinton gets the cover treatment in new york magazine. are the mainstream media going ga ga over hillary? a look at the buzz and the back story.

jenna: plenty of surprises at last night's emmys. annual awards ceremony living up to its reputation. do you want to forget about all of that and talk about the dresses? >> i wish i could but the emmys were in a word, weird. twitter, hashtag, weird emmys. odd speeches and unconventional montages honoring departed actors spruced up with big dance numbers tariq aziz -- as always. michael douglas won and offered to split the trophy with costar matt damon who was nominated for playing the lover. douglas joked, matt, you deserve half of this. do you want the bottom or the top? he also thanked his wife which may have come to a surprise as some because they're taking time apart. then nurse jackie won best

supporting actor. i have her entire speech right here. thank you so very much. i've got to go. bye. she made a quick exit because she was going to cry. neil patrick harris didn't disappoint. the half-time show was titled number in the middle of the show. breaking bad picked up the emmy for outstanding drama series. modern family took home the prize for outstanding comedy series again. dreyfuss was her fourth emmy and those singled out were glow actor cory monteith who was nominated for an emmy, also the youngest included and soprano star and liberache. jenna: thank you. we'll talk about the dresses

later. jon will definitely talk about that. jon: can i talk about fishing or something? jenna: anything you want. it's fair and balanced, right? jon: you show me the pictures last night and i'll show you the fish i caught last week. a florida family released dam cash video that shows a police officer running over and killing their loved one. they say it's part of their effort to get justice. more on this strange case next. plus putting your fears to rest literally. new research is revealing something about sleep, how it could help you conquer your greatest fears.

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jenna: the family of a florida man who was killed after being run over by a police car say

they're now seeking justice and are releasing the dash cam video and hope criminal charges are filed. there's more to the story. here is more. >> it is a horrifying story. all caught on video. it was four months ago in florida, about 25 miles west of daytona, three police cars began chasing marlin brown's car because he wasn't wearing a seat belt. at a dead-end, brown got out and started running as you can see from the dash cam video. he stumbled and fell and one of the cop cars ran over the 38-year-old, killing him. we're not showing the most graphic part. the officer who was driving, james harris, was fired and his case went before a grand jury but those jurors decided not to indict him. prosecutors still have the option of filing criminal charges but they have not and now, brown's ex-wife crystal, all the mother of his kids, has released this video to pressure prosecutors into charging officer harris with a crime. she notes a vehicular

manslaughter charge does not have to show intent. it only has to show wreckless driving. brown's family has already gotten $550,000 settlement from the city and crystal says this is not about money. it's about justice. the state attorney says the grand jury was the most fairway to go because of, quote, the most possible folks involved, people that live here, people that care about this community. jenna: thank you. jon: interesting new research shows our dreams might actually help us conquer our fears. a new study from northwestern university exposed patients to cues that trigger a fear response as they slept and when they were exposed again after they woke up, their level of fear was lower than before. some experts say this kind of technique could help provide tools to help treat or even cure people who suffer from phobias.

joining us is dr. campbell, a practicing cardiologist and assistant professor of medicine at the university of north carolina. so you would be able -- the idea is you would be able to sort of treat people while they sleep for some of the things that scare them the most. >> exactly. one of the interesting things that came from the study is the fact that we can desensitize folks to a fear or a phobia that provokes all this anxiety while you sleep. traditionally you have a therapist and you slowly desensitize during waking hours. now this research may lead us to new therapies that are less traumatic for the patient. jon: fear of flying, for instance, how would you be able to, while they're sleeping -- i mean, you know, somehow recreate the experience of being on an airplane or boarding an airplane or whatever triggers the fear? >> there are triggers that are associated with flying. maybe a certain smell, maybe a certain sound or noise. we can use the triggers while

you sleep, expose you to them and desensitize you that way. in other words, you kind of desensitize by association. jon: another interesting study just out, researchers were looking at people who have insomnia and i was surprised to learn that 15% of americans suffer from insomnia. thankfully i'm not one of them. but these insomnia sufferers were tested, you know, after a poor night of sleep and it was determined that they were just as able to do some complex mental tasks as those who hadn't gotten a good night's sleep >> that was surprising to me but now it sort of makes sense. what they found, because they did some fancy brain scans where they looked at certain centers and activity in the brain that handle what we call wondering thoughts and wondering minds and what they found is these were overactive in people that did not sleep well. they felt horrible while performing the memory tasks. however, they did just as well.

maybe it's you can still perform but we don't do it in a painless way. jon: so you don't feel as good about the work you're doing even if it's just as good as the person next to you who slept a good eight hours? >> exactly. in fact, we found in the patients they actually subjectively thought they were doing a horrible job at the memory task and at the end they were surprised to find out they did just as well. a go ahead night's sleep is important to let you turn the mind wandering centers off in the brain. jon: that's not to say that people should short themselves on sleep because they're going to be just as alert the next day as somebody who got more sleep. >> absolutely not. in medicine we always have moved towards giving our trainees more sleep because they're sharper the next day. feeling good allows you to interact more positively with other people and do a better job as a whole. jon: and the body needs rest as well. >> absolutely and we know that it contributes to reducing aing

detroit, impression, stress and that sort of thing as well. jon: good to have you in. >> thank you so much. jenna: that's an interesting information there. the captain of the ill fated costa concordia is back in court today trying to escape conviction in the deadly cruise ship accident. the latest from italy on that. also in africa, kenyan forces are locked in a bloody standoff at a mall in nairobi. terrorists taking hundreds of people hostage. when we made our commitment to the gulf, bp had two big goals:

help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. jon: brand new stories and breaking news right now. jenna: terror at the mall as a high stakes rescue operation unfolds in kenya. as we speak, are they closing in on the terrorists? questions still remaining. also a showdown in washington, d.c. as a race to hammer out a budget deal as the government shut down looms. how the fight over obamacare

figure intuz all of this. court action in the boston marathon bombing case. what the judge had to say about the big decision ahead for prosecutors when it comes to the one surviving suspect. noon here on the east coast. let's turn to the dramatic new developments in the terror attack at the mall in kenya. large blasts rocking the complex amid word the deadly standoff may finally be nearing an end. we'll see, though. jon: let's hope that turns out to be the case. welcome to the second hour of "happening now." i'm jon scott. huge gun fire shaking the mall this morning. you can hear the machine guns, the thick black smoke billowing into the area as military forces

reportedly close in on the al qaeda linked terrorists. troops killed two of the gunmen just hours after security forces tried but failed to rescue the hostages still holed up in what had been a crowded mall. dozens of people killed since the terrorists stormed the mall on saturday. secretary of state john kerry condemning the attack as an enormous offense against everybody's sense of right and wrong. listen. >> president obama talked today. the president and i talked to our foreign minister, our ambassador, we're in close touch with everybody there but it's -- it represents the seriousness and the breadth of the challenge we face with ruthless and completely wreckless terrorists so we're going to proceed. jon: some cell phone video from inside the mall captures the panic. troop of defense says his group

is securing the mall. now comes word from federal law up forcement sources that some of the assailants were captured on surveillance video. katherine joins us live from washington with the latest. >> thank you, jon. federal law enforcement forces tell fox news the saassailants were caught on video and between 10 and 12 terrorists. one with long hair in the video. there's no confirmation that one of the terrorists is, in fact, a woman. after an initial poll of the names with investigations in minnesota and missouri, fox news is told there are no matches for the american names and at least one ofes is so generic, it's a somalia equivalent of john smith. they believe that al-shabaab is behind the attack. the investigators are still questioning this morning whether the twitter feed which

originally posted the names of the alleged assailants from the u.s., canada and great britain, is the work of al-shabaab because the terrorist group has not tweeted out names in the past. leading republican describing the impact here in the u.s. >> we're sending all the wrong signals to our enemies and friends alike and they're recruiting in our own backyard. what you saw in boston could be our future. what you saw in kenya could come back to us. we're letting our guard down when it comes to dealing with the radical islamic threat in our own backyard. >> eyewitness new reports says those could not recite islamic prayer would reportedly shot dead. the attack appears to be in retaliation for the kenyan government's recent deployment of troops to some ol a where the group al-shabaab wants to establish an islamic state. >> they are particularly annoyed at the kenyan government because they've been cooperating with the west, cooperating with

anti-terrorism efforts and part of the peace keeping force in somalia from the african union so this is a way obviously of trying to get back at them. terror, pure terror, pure and simple. and they won't succeed. >> federal law enforcement said that about four dozen, about 58 americans are confirmed to have travelled to east africa to join the ranks of shab has been -- al-shabaab and half of those remain active and half have been reported dead. jenna: as president al-assad makes it clear his regime will allow international inspectors access to syria's chemical weapons, says opposition forces could block them. al-assad adding that the syrian government handed over a list of chemical weapons to the international agency as he blasted the united states for

threatening to hurt his country. all this comes as we get dramatic video of a rescue operation in syria moments after regime forces reportedly dropped a bomb from a helicopter onto a residential area. a village. people frantically trying to reach their neighbors under the rubble, a father and son trapped with crews reaching both but only the son surviving. jon: new information from the middle east on the killing of two israeli soldiers in the west bank. and the attack could sour new efforts for peace talks in the region. the i.f.d. now searching for the gunman who carried out the deadly shooting. prime minister gives the go ahead for occupiers to reopen a building there. a palestinian man was arrested for the kidding and killing of another i.d.f. soldier who went missing on friday.

the man reportedly confessed to killing the soldier. state department saying, quote, the united states condemns the killing of two israeli soldiers in separate incidences in the west bank in the last two days. such violence and terror are unacceptable and undermine efforts to establish the positive atmosphere the parties need to progress in peace negotiations. we call on all parties to condemn these attacks. jenna: in the meantime, also a big week in washington, d.c. the senate getting ready to vote on a short-term budget deal that defunds obamacare after the house passed the measure late last week. republican senators getting to be on the same page is proving to be a challenge. >> we have to remember, the body that has acted now to prevent a shutdown to fund government is the house of representatives. the house of representatives has said, let's fund government and not obamacare. that's what the american people want. >> the house has acted. senate needs to do its job and follow suit.

>> ironic thing is that the answer now in the senate, by those who proposed the strategy, is to filibuster the very bill they said they wanted and that's what is wrong with the tactic. we don't have the ability both according to c.r.s. nor politically do we have the ability to put a total stop and defund obamacare. it would be nice if we did. i would be in the fight. jenna: our teach chongal correspondent is live on capitol hill preparing for the big week it is. is he the stage for us. what are we looking at here? >> we're starting to count votes and texas republican senator said a few moments ago he intends to support the house passed bill which would defund obamacare. if a spending bill continues to fund obamacare, he'll be a no. big picture, here's a key senate republican's take >> we'll have a vote.

every republican will vote to defund obamacare and nearly every democrat will keep it in place. this is an albatross around their neck. obamacare is going over like a lead balloon in the economy and the only way to screw this up is to make it about us. >> with president obama in the white house and democrat majority in the senate most republicans believe the best they can do is delay part or all of obamacare. jenna: a lot of talk about the republicans for obvious reasons. but what about the democrats? what are they saying heading into this budget fight? >> well, they seem clearly irritated that this is yet another effort to try to kill or defund the health care law and they seem anxious this is connected to a bill to keep the government up and running. >> it should be an unacceptable option. there's no way we should be talking about shutting the government down. >> and they're frustrated there's no discussion how to

improve the president's health care law. it's either fund it or kill it, nothing in between. we expect to hear from harry reid this afternoon as the key week gets going. jenna: irritated and frustrated to start things off. we'll see where it goes from here. that's for sure. thank you. jon: he's going to have a busy job ahead. happening now in a boston courtroom, a hearing wrapping up where lawyers for the surviving suspect in the boston terror bombings are asking a judge to discuss the time line and protocol for prosecutors to decide whether they will seek the death penalty. dzhokhar tsarnaev did not attend this one. molly is live outside of the boston federal courthouse. she has the update for us. >> hi, jon. today's hearing focused on discovery and the death penalty and on whether or not the government would seek the death penalty in the case of dzhokhar tsarnaev, surviving boston bombing marathon suspect and when that decision will actually be made. he was not in court today but

attorneys representing his interests are essentially seeking a schedule on this matter. federal prosecutors plan to have a decision by october 31. want u.s. attorney's office must then file the decision with the attorney general and attorney general eric holder will get about 90 days to determine whether the government will move forward with the death penalty. as a courtesy, the u.s. attorney has asked the defense to file any argument it may have against the death penalty by act 24, although the attorney general doesn't needle need defense input to render his decision. the prosecution alleges that the request is improper but still the government respectfully requested it. if the court is going to set a deadline, it should be no earlier than january 31, 2014. by then we may have an answer to whether or not the government will be seeking the death penalty. the judge decided that he would not be sending -- that no date would be set and pending a discovery request that's still

going back and forth. of these 30 charges that dzhokhar tsarnaev is facing, 17 of them actually carried a possibility of the death penalty. and the next court date has been set for november 12. jon: so nothing official about whether the death penalty is on or off the table as yet. molly, thank you. >> as yet. it's still going back and forth. jenna: the captain of the doomed costa concordia cruise line are back in court today saying don't blame him for the ship wreck that killed 32 people. a live report ahead. plus the lights are still burning on capitol hill but will they go out next week? we're following the countdown to a shutdown as lawmakers struggle to hammer out a budget deal. [ male announcer ] running out of steam?

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jon: one week and counting. that's how long washington has to hammer out a budget deal or

risk shutting the government's doors and maybe even turning out the light. at issue is whether to defund obamacare or any spening bill. with time running out, no one on capitol hill seems to be blinking. bob is managing editor of the hill. bob, you're good at explaining these things in sort of layman's language and some of us don't pay all that much attention so the house has passed a bill that keeps the government running but does not pay for obamacare. right? >> that's correct. so now the senate is likely -- harry reid hasn't said exactly but they're going to strip that provision out and send it back to the house. the reason why i think a shutdown could very well happen this time around is because there hasn't been a lot of serious negotiations. president obama called speaker boehner on friday evening. they haven't hammered anything out. so this is a key week because they only have until monday to get a deal and republicans are

divided on obamacare, democrats want to get rid of the sequester so this could be chaotic. >> well, the last time the government shut down over this kind of thing, it didn't go so well for anybody, or so it seems. didn't anybody learn a lesson last time around? >> if we do have a shutdown, where the polls are and who the public blames, that party is going to blink and certainly in the mid 1990's, newt gingrich took it on the chin a bit but at the same time, that was a long time ago. a lot of members weren't around back then. not only do you have this government funding issue but you have the debt limit so you have these two big fiscal showdowns. jon: clearly republicans, most of them don't like obamacare. can they not go to the voters and say, look. we tried to defund it. we did all we can do and then,

you know, can't they go on and pass some kind of a bill that keeps the government open? >> i think eventually that's what's going to happen. there's no way the president is going to sign a bill that defunds obamacare. i think that the president might have to give them something so that republican leaders can save faith. remember, republicans in the house, they had a different strategy. they were trying to move a different bill. the conservatives in the house said no way. democrats are not going to help republicans in the house so speaker boehner had to shift and adopt the ted kruse strategy. now republican leaders are saying, okay. you've got to do what you can do in the senate but as you know, republicans don't have the votes in the senate. it's controlled by harry reid and the democrats. jon: some are saying we're only going to hurt ourselves if we shut down the government because people are going to blame republicans for it. you know, why not go ahead and let obamacare through and deal with it next election?

>> that's right. some republican strategists are saying if you look at the electoral landscape in the midterm election, history is on the g.o.p. side, the map is also on the g.o.p. side in the senate but if a shutdown happens, democrats think their chances of retaking the house increase. so a lot of politics here. also mitch mc connell is up for re-election and joe biden who is a deal maker, he's eyeing a white house bid in 2016 so there's some incentive for a deal for some people but not everybody. jon: and as you pointed out at the beginning, the two side aren't talking much. some of the normal deal makers don't seem willing to step up to the plate this time around. there's a lot of mistrust on the capitol hill. >> absolutely. the total lack of trust. the relationship between speaker boehner and the president has deteriorated. there's just not a lot of goodwill on capitol hill right now and a lot of people on wall street, they say, well, washington always gets a deal.

i'm not so sure this time. we could get a shutdown. it's a distinct possibility. jon: all right. managing editor of the hill, you're going to be burning the midnight oil covering all of this coming up. thanks. >> without a doubt. thanks. jenna: new signs of the hillary clinton presidential run in 2016. what she says about the timetable for making that decision and the media buzz surrounding all of that. our panel weighs in with jon coming up and diplomacy in the iran nuclear showdown amid word that the new president could meet with the president of our country. in-depth look at the plan and how it affects israel. it's going to come up at the united nations. general assembly getting underway. that means a lot of traffic. busy streets, busy times. jon: stick to the subway.

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jenna: right now the president is about to land in new york city as he gears up for his speech tomorrow at the united nations. iran nuclear showdown sure to be a hot topic this week. big focus now is on whether the president will meet with iran's new president. it will be the first time two leaders from either country met in more than 30 years. this comes as we get word israel's prime minister will try and blunt the diplomatic offensive by iran with an israeli official saying they'll warn the u.n. a nuclear deal with iran could be a trap. last year you'll remember netanyahu held a graphic showing a bomb to illustrate how close iran was to building an atomic weapon. >> a red line should be drawn

right here. before, before iran completes a second stage of nuclear enrichment necessary to make a bomb, before iran gets to a point where it's a few months away or a few weeks away from amassing enough enriched uranium to make a nuclear weapon. jenna: it's a lasting impression, the prime minister standing there with the board. many journalists and fox news contributor follow iran very closely. we have to wait for another week before we hear from israel again but tomorrow we hear from the president. i just got a letter from two top senators urging the president to take a really tough stand against iran. what would that even look like? >> a tough stand would be just realizing that the reality of the situation and really looking at the complete picture and not just this past week where the

iranian regime are softening their stance and offering us this olive branch. let's look at the entire picture and not just the last 34 years but right now at this moment. you have the iranian involvement in syria. meanwhile, we're allowing them to march into new york. we want to possibly sit down with them? are they not the largest exporter of terror? are they not hanging their own people? jenna: what do you say to people that say, well, you always have to give diplomacy another chance? >> we've given them another chance and another chance. we've seen this pattern repeated. what the iranian regime is set to go do is play out the clock, loosen the sanctions. now the president who is a self proclaimed moderate was elected by -- and they propped him up and elected him by a lot of young people in iran because he offered up that chance you're

saying but he ran his entire campaign on releaving -- relieving the iranian situation. jenna: first you have some interesting comments from the iranian regime on twitter, whether it was for the jewish holidays, whether it was on facebook, whether it was taken down and then there was the confusion about whether it was real or not. then you have the op ad piece in "the washington post," a sit down interview with the news so this has been carefully crafted to lead up to the moment. what do you think that he's going to say tomorrow to the world? >> he's coming here, again, he's going to keep trying, be persistent because at the end of the day, they're just words. there has to be action. action means get out of syria. top enriching uranium. a good way to really understand the entire picture is to look at a lot of what the iranian media is reporting. >> what are they saying? >> he's puffing his chest and saying i'm going to stand up to the u.s.

i'm going to continue enriching uranium. no one can tell us what to do. what a lot of people inside the country and inside iran believe he's doing is come here with these soft words of diplomacy but then waiting to see what the u.s. will offer him and it will come down to the economy and the loosening of sanctions. jenna: we're looking through our own glasses at the world and there's an interesting dynamic of leadership in the country and i was reading this article in "the washington post" where he says a deal that isn't fully backed would be a dangerous solution. we don't hear the word -- the last name sumomoni at all. we have very few pictures that are even publicly shown of this man. who is he? why does he matter? >> i really applaud you even doing this segment and bringing up this guy because he's never talked about and the idea, again, connecting the dots here. it's not just rohani.

there's a supreme leader in iran who handles it. we have the revolutionary guard in iran who has been the puppeteer since the days of the islamic revolution 40 years ago. and this was created just to export. the ideological war that the iranian regime has. they're the ones running the show in syria. they created hezbollah. they're in latin america. jenna: does rohani have any control over them? >> he's part of the system. he's not a moderate crusader. he's been part of the regime for the last 30 plus years. he was a nuclear negotiator. he is part of the system and there's no reason to believe that other than the term or the label of moderate that he's going to offer anything he will. jenna: we're going to rely heavily on your work the next

week. thank you very much. great to have you on the problem. jon? jon: the search for life on mars. a lot of hope dashed in recent days. one scientist said mars lacks a key ingredient for life but that hardly means the book is closed on the red planet and the hunt for living things there. we'll explain. plus he says it's not his fault. the captain of the costa concordia is now blaming someone else for the ship wreck at his manslaughter trial. before they sat down, one more time, just for themselves. before the last grandchild. before the first grandchild. smile. before katie, debbie, kevin and brad... there was a connection that started it all

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jenna: happening now, manslaughter trial for the captain of the doomed costa concordia. he is hoping the judge will grant his request for an inspection of the crippled cruise liner after the ship was successfully raised. that was the big story last week. if convicted, he faces 20 years in prison, 32 people, including an american couple on a trip of a lifetime died when the concordia crashed into a reef, took on water and capsized. this after the vessel veered too close to resort island off the tuscan court. the cam -- captain blames someone else. >> the mistake of not putting on the left has caused a delay in

the maneuver. with the angular very welocitvey experience, the ship would stop. >> hi, jennaa. cord to go folks that were there in the italian courthouse today in italy, it was a dramatic day as the captain of the costa concordia ship tried to get himself off the hook. he took the stand in that courtroom today and he blamed a junior officer who was actually at the wheel of the ship when it crashed january of last year. not only did he claim that the colleague turned the ship in the wrong direction but said there was a delay in the response to his orders. data presented from the black box on the ship seemed to back up that assertion. still a naval expert also took the stand today and said it didn't matter. at that point, the ship was going to crash anyway. didn't matter what the orders

were and when they were given. the team is also pushing for that new inspection of the ship. this after an incredible operation last week completing last week, bringing it upright again after it fell on its side against the island. the probe is being called for because they claim is that there were technical problems on the ship as well. he claims he steered it into a shallow area of the bay in front of the island. if it had gone down straight, there wouldn't have been much damage, wouldn't have been much death. instead, it fell on the side because of the technical problems it's claiming. five others involved in the incident struck plea bargain deals with the authorities and they requested today as well because of a snag in the italian law, they might not serve any time at all. now those plea bargain deals are being reviewed. he tried to do a plea barlg an, too. that was rejected. the company that owns the costa

concordia also did, in fact, do an arrangement with a payout equivalent of about $1.3 million. civil courts, however, remain pending. finally, 32 people were killed in the crash. two are still missing and now that the ship is upright, the search for those two missing will commence once again. the trial continues tomorrow. back to you. jenna: thank you. jon: for more on the costa concordia trial, let's bring in our legal panel, a former prosecutor, and a trial attorney. the captain says it wasn't my fault, i told the helmsman to turn left and he turned right instead. what do you make of that argument? >> this is what his position is. he needs to throw up everything to see what it is. why? italian prosecutors haven't offered him a plea deal. if he goes down, he's going down for 20 years. you know, is it possible that he said, hey, hang a left?

they didn't do it? would that relieve him of liability? it might in terms of sentencing but there's a ways to go here. jon: we heard that what happened, the night of the incident when the italian coast guard was yelling at him to get back on board his ship, just the fact that he as the captain is supposed to be the last one aboard, he bailed out and left all of those other people there to rescue themselves and in some cases to die. that can't help his case, does it? >> oh, no. that doesn't help his case. it hurts his case, jon, so badly. it shows that his insurance wasn't with anyone but himself and as the captain of a ship, his interest should be entirely with the people on the boat. he should be the last one to leave a boat. we all know this. this isn't even legal. this is what everyone knows. what's going to happen here is donna is right. he's trying to save himself from an unlikely salvage. there's no way he's not going to

be found guilty of manslaughter in italy. i think in his mind he's trying to reduce that sentence, hoping they give him less than 20 years but he is ultimately responsible as the captain of the ship for what went down. if he told him to go right and they went left, thoe prosecutor say it's a 13 second delay. the experts say it doesn't matter. doesn't matter. jenn jon: that's not a whole lot of time to make a course change in a ship that size. want costa concordia is upright now. the captain says now we can examine this vessel for the technical problems for the machinery, the equipment failures that also led to this wreck. do you buy that? >> no. i don't buy it but i do buy what he's trying to do. he's entitled. if there's a possibility of examining that ship and that

will help in his defense, he's entitled to have it done. the problem is, examining that ship now is going to take months, maybe even years. that will delay this trial for indefinitely. what i think he's trying to do here is position himself to say, hey, prosecutors, guess what? once the judge says that i can examine that ship, you'll never see the light of day in that courtroom until that's done. why don't you offer me the deal that i've been trying to get from you? like the same deal that they offered the five other crew members who aren't going to see the inside of a jail cell. jon: but the five other people might not even do time and the captain is looking at a couple of decades in jail. >> isn't this incredible? what happened over there, they got a very lenient plea deal. a year and a little more time but because of the overcrowding in the jails over there, they probably won't even have to walk in the jail for one day. they probably don't have to serve any time. that's ridiculous. that's what he's looking for. he's looking for a plea deal that will hopefully reduce the

sentence that he won't even have to walk into a prison but quite frankly, that is really unacceptable and i don't think the italian authorities will allow every single person to walk free from this. jon: his manslaughter trial is continuing. we're keeping an eye on it. thank you both. >> thank you. jenna: what a story. we're going to continue to follow the breaking news in kenya as well. terrorist linked to al qaeda holed up inside an upscale mall still happening at this hour. explosions and gun fire rocking the complex. security forces close in. we're going to have live coverage for you throughout the day here on fox news. stay with us for that. hillary clinton on the cover of new york magazine and getting the hollywood star treatment inside. jon will take a closer look at the media aspect of all of this next. okay, listen up! i'm re-workin' the menu.

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... ... ... ... ... jon: the 2016 presidential election is still more than

three years away but the buzz around hillary clinton is getting louder and louder by the day. new chatter sparked by this, the former secretary of state receiving star treatment from new york magazine. not only does she appear on the cover, but she gets seven pages in a sprawling feature article inside. joining us now, the contributing editor and writer for the american conservative magazine, alan colmes, both fox news contributors. jip, i'm sure you were sp shock that hillary clinton got the cover story. >> i'm sure that hillary, they knew what they were doing. the article has taken a couple of turns they probably didn't anticipate. one probably the biggest single bit of news out of it other than the usual i want to help people kind of stuff is ultimatum they seem to have delivered to the wife of anthony weiner, does she want to stick with anthony in

his future career or does she want to go back into the clinton operation? i think that's interesting. and also the news that chelsea clinton has come in, the daughter to muscle out some people who have made clinton so rich in the clinton foundation so controversial. the headline in the new republic, quote, scandal at clinton inc. that's the kind of story they're more worried about than probably the article in the new york magazine. jon: most of them know who anthony weiner is. he resigned in disgrace from congress. he is married to hillary's right hand person and according to the article, she's been given the ultima ultimate -- ultmatum, get rid of your husband or off the campaign train. she's being talked about the most talked about democrat right now

>> she is other than chris christie. i'm kidding. she's a great gift. to some conservatives short of having a headline that she should be in jail for killing people in benghazi, she's the most popular woman in america. she's the "what if" woman. everybody wants to know what she's thinking and where she is in the process. if she's going to sell copies, which is what it's all about, she gets the cover of the new york magazine and jim -- i almost called him james here -- is right. those two pieces that came out of the "new york post" went further and say it's an ultimatum being delivered to weiner's wife. i'm not sure the piece went that far but it did indicate there might be a choosing that has to be done. jon: then bill clinton over the weekend saying that republicans -- i'm sorry. that republicans have a more reliable media base.

>> well, look. there is a conservative media base. that's for sure. it's not very big relative to the mainstream media. i think what clinton is reacted to go is that, again, the clinton press has taken a turn. "new york times" last month had a big article about the clinton foundation and its connections to the company called teneo and the clinton media narrative of the triumph of 2016 has taken some pretty bad bumps, including in places like "the new york times." >> teneo is the one, as you point out, referred to in the new republic article as being a clinton -- first started as a body man. there's a piece in the new republic about that. all this stuff comes out now. the conservatives that don't want her near the presidency take their shot. this helps her that all this press happens now so that by the time there really is a race,

there might be less there. jon: what is joe biden thinking about all of this, hillary front page stuff? >> he probably hopes she doesn't run, i'm guessing, right? jon: i'm guessing. thank you both. jenna: thank you. traffic stop turns out to be anything but routine with the police officer pulling his stun gun. what happened to the cop. we're live with the story. very, very interesting case there. you do not want to miss that. plus a key ingredient for supporting life missing on mars. is that it? there's no life out there. an astronaut is here to explain. too big.

too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection.

jenna: right now searching for life in outer space. there was a bit of a collective sigh last week when scientists said the red planet lacked methane, a key ingredient for life. our next guest says not so fast

as far as believing there could be life out there somewhere. tom jones, planetary scientist and former nasa astronaut joining us, author of planetology. let's get basic. why does methane matter in all of this? >> methane on earth is produced from bacteria to cows and we find it everywhere on earth in great quantity. it's one of the big green house gases in our atmosphere. when scientists looked at mars on telescopes and found traces of methane and that was backed up by a european trip around mars, they thought we might find a god marker on mars. curiosity was following up on this measurement. jenna: and curiosity found out not so fast. >> in about six months of measurement, it found a small amount of methane. when you're making that measurement precisely with a

laser spectrometer on mars and it means nothing, it might mean there's not much life on mars. jenna: how does it play into -- the whole question of whether or not there is life out there dependent on the existence of methane? >> you might think that would be an easy score. you know, if you found methane in great quantity, it might mean that boy olg was rampant on mars. either there's no life there at all or more like until my my view is that life might be there but it's a life like we have here on earth. it doesn't generate methane as a waste product. we exhale methane. there are kinds that don't. you can't prove a negative. you can't prove there's no life on mars by this measurement. jenna: that leaves our imaginations to wand are a little bit. we're talking about methane,

carbon dioxide. we have a high school chemistry class here on earth. how limit ready we that we can test it, we're even testing for the right things or is there something out there beyond what we know at this point? >> there's definitely the possibility of weird life that doesn't behave like earth biology and it's tough for us to go look for that in a systematic way. we're looking for life on mars that might be that here on earth, the same metabolisms, the same internal chemistry so i think the search has gotten tougher with this news. we'll probably have to go underground to hot springs on mars where a microbe could use hot water as an energy source and chemical nutrients instead of sunlight, for example. so that church is going to be too tough for robots in the next 20 or 30 years and this might be another reason why human explorers may be the key to unlocking the secret. jenna: i've uncovered weird life in this news room, tom. i don't even need to go to mars.

>> don't give up hope. jenna: that's right. thank you. appreciate it as always. >> bye-bye. jon: and people in one colorado town have encountered the largest member of the deer family. a moose on the loose in your backyard but guess what? now they can find him. where did he go? this is for you.

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>> hollywood comes out in force for an old school charity. heifer international. gives folks in impoverished

companies. and the sarand an co-star from themma and louise. >> i am a huge fan. in fact, when i was a kid, my church was involved in fund-raising for the heifer international. nhunt is on for a loose moose in denver, colorado. >> there he s. >> parks and wild life officers are trying to trackdown the animal. they have seen the big guys wandering around the streets and they are cautioning folks to not approach but leave him alone and hope he will leave it all by himself. >> you can see he is a youngster.

by the size of his antlers. >> they can be very dangerous if they are provoked. don't provoke him. namerica live starts right now. we begin with the fox nows alert in possible changes in the horrifying terrorist attack and stand off that left 60 people dead and 200 wounded and unknown number of others left behind held hostage. the officials in the westgate mall in nairobi, kenya say they have the upper hand in a show down that stretched days now. they have control of several floors after an incident this morning that resulted in several loud explosions. the siege started on saturday when a group of islamic radicals shot at