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 shoppers and targeted

westeners and anyone that was not a muslim. this cell phone video from inside of the mall gave the idea of terrifying moments when bullets fly overhead. they will join us from nairobi. we are continuing to watch the mall. there is a stand off there and no word on how many hostages may be inside and whether they are all evacuated. we know many people got out and we heard their stories about what they saw and experienced and people being asked and quizzed about their knowledge of the muslim faith in order to verify if they are followers of the faith. there are accounts from witnesses that those who were unable to answer the questions were killed. we are following this and we'll get more from you on the scene in nairobi. and forces continue to say they

are moving and gaining the upper hand and it is still not over. we'll bring you details as we get them. >> there is a deadly attack against christians in pakistan. a pair of bombers blew themselves outside of a church. 78 people died there, including children and women. dozens others were injured. they are often the target of such attacks. the government announced three days of mourning officially now. and the families of the victims say that the country is not taking steps to protect their community that has been under attack. >> despite the attacks in kenya and pakistan, we have not heard anything from the white house about the treatment of christians has to change. president obama arrives in new york for this week's gathering

of the united general assembly. he take part in a new meeting with the new leader of iran. hello, eric. >> actually, we are inside of the united nation because this is our new un office just down from the security council where this could potentially happen. the president of the united states and iran exchanged letters. the speculation here today could they exchange handshakes here in the un. the secretary general holds the annual lunchion for heads of state and the if rouhani is there, they could be in the same room at the same time and the informal meeting could have symbolic consequences. the iranian delegation said he is willing to negotiate over the disputed nuclear program.

critics say iowa ran has not been trusted since they are violating resolutions and not abiding by the resolution to stop the uranium enrichment. no word if secretary of state john kerry will be part of the meeting. and not to be trusted is syrian leader bashar assad. one opponent said assad is not telling the truth about the chemical weapons. a syrian free army general said that russia should not continue its blocking the resolution on the chemical weapons. he had a blunt warning to the un. >> we hope that our friends in the international community be careful that this regime is profited by the russians and the

iranians cannot be trusted. they are lying. they are killing civilians and destroying the country. >> the russian foreign minister said they will force that agreement. the former general said assad should be on trial for crimes against humanity. and he said they are still hiding chemical weapons. >> thank you, so much. as the president heads to new york. battle lines are being drawn in washington over obama care and a possible government shutdown. we are days away from that possibility. the senate set to take up the house bill that funds the government through december 13th but strips out the funding for

obama care. the white house said that has 0- chance of getting passed and the president said he will not negotiate with republicans. chris stirewald. chris good to so you. >> when you put it that way, it sounds like there could be trouble up. there no one negotiating over anything. where does that leave us? >> it is it the cabookie dance. in the obama era we have not had a budget. we stopped doing them in the end of the bush presidency in 2007. we are 33 consecutive months in some form of budget crisis, either about to have one and in the middle of 1 and 1 just passed and the clocks are short. and when the president said i will not negotiate, that's true until he does.

he negotiated everyone of them in the past 33 months and he will negotiate this one presumably. what happens is so consequence yell it is gut check time for the senate republicans, as they figure out the unpleasant choice for the moderates. do they vote for harry reid or ted cruz? that is a much more difficult question than you might think. >> we discussed and folks watching this. sarah palin said moose hunting season is over soon and very vocal in backing team cruz. but there are others watching this as well and hinting to the gop senators, how you vote, can have a big influence on whether or not we run someone in the primary against you. >> dement ain't hinting. it is a heritage think tank

thing and now the most feared political action group on the right. they are coming up and jim diment turned them a fear system force on the right. and they will punish people who say they are conservative and don't vote with cruz on this one. harry reid needs 60 votes and we heard lindsay graham said he would vote to defund obama care and part of the 60 votes harry reid needs to get. there jim diment will probably make him pay for. it >> what about john coroner. ted cruz is a junior. and sounds like he is going public with how he plans to vote in this whole thing as well. >> look senator cornyn is in a different position and not

facing an immediate problem right now and mitch mcconnel. his primary challenger is for real. he can't vote for cloture to end debate and move forward with what is a stripping out of the defunding obama care language. there are some that are easy like mark kirk from illinois and lisa mckasco who is disdainful of her own party on the issues. but there is a couple that are brutal and lindsay graham is going to be riding a tiger on this with his decision if he votes with reid instead of cruz. i know how my folks on the twitter feed feel. they are ready for action. good to so you. >> you can follow all of the latest from capitol hill on the fight for obama care and the possible shut down go to

foxnews.com/foxnewsfirst. and simply enter your e-mail and fox news.com. and you don't want to miss out. a great way to start the day. massacres in kenya and pakistan and raising new concerns that christians and westerners are targeted overseas. >> and the violence is so bad in one major american city, that the governor is considering calling in the national guard. we'll look at the closer look at what that means. and a simple traffic stop spun way out of control. an officer had to take out his tazer and look at the story that led up to the video that was seen there. that's just a head. i have more sense than you.

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>> a dramatic day in court where the captain of the crippled costa concordia blaems the helms men for botching the maneuver to avoid the deadly crash. the carouse ship came close to the coast line and he ordered them to store to port and he didn't react fast enough. tlo people were killed when the ship cap sized. he is charmed with population and faces 20 years in prisop. >> fox nows alert on the mall attack in kenya. the fbi told fox news, it cannot confirm or deny whether any of the assailments were or are americans. they are looking into the possibility that some of the hostage takers may have been from minneapolis. the terrorist shot up the mall

on saturday targeting westeners and nonmuslips and then last night terrorist in pakistan blew up a christian church. lieutenant colonel ralph ports. carl. good to so you today. are there common threads here? >> there are. al-qaeda and franchises and related terrorist groups and muslim fanatics is trying to exterminate christians. and while this is not a religious war for us, shannon, obviously it is not. it is one for the enemies. you cannot denotice -- deny they are out to kill christians and

jews. and one of the murderous cults in history and the obama administration trying to look for a common ground with them. >> they would say they are not average muslips who are practicing the faith. they are radical when they operate from a different ideology. with this kind of group, we try to negotiate or have any kind of talks? >> no. what the administration does and to be fair with the bush administration before it did, play to the loudest voices here and abroad. and when you pander to religious extremist, you hurt the moderates and they can't understand that. certainly the majority of the muslims are not al-qaeda or sun ni. it is now significant estimates.

40 percent of the opposition fighters in syria are al-qaeda fanatics or related terrorist and extremist. you go back to the mall attack in kenya. nairobi is one of the most liveable cities in africa and relatively modern. and should finally get the attention of somebody on the american left and these people cold- bloodedly went in a mall. they didn't attack the military or government. they went to a mall and sorted out muslims and christians and slaughtered as many christians as they could. and also something that people are not knowing. al shabab has been on the ropes and they need to pull off a grand stand and play a hail mary. they needed to show they were alive and capable. it doesn't mean they are

terribly strong and it means they are desperate and they do horrific things. expect more to come. >> a lot of experts say that this is a rekrauting tool and a lot of young men in the somali region have no other prospects and they are attracted to the groups because they say we are successful and we have purpose and passion. >> yeah, i think it is a combination of things. it is not hard to get young men to kill. especially disinfranchised and powerless young men. you put an ak automatic weapon and let them kill people and tell them god wants them to do. it it is the greatest power they will ever have in their pathetic lives and so yes, the ideology is appealing, but the sense of adventure and go wild for allah is incredibly appealing and not only in islam.

other religions have been through this before. but islam has had bad innings in the great game of history and we can't deny the greatest problem in the religion is layered series of civil wars in the islamic communities. we are on the sense a bystander and we have to act when we are attacked. 2,000 years of history of religion fired insurgencies show one thing, in 2,000 years, shannon, there is not one put down with negotiations and measures. you kill the fanatics until they are all dead or fades in the wood work. it is a long gory, painful process and nothing else worked and the right response for kenya and the world community is to go

back in somalia and kill as many members of al shabab as they can. that is ugly. i wish the world was a different place and we could all be quakers. but facing a terrorist in a shopping mall and wound over 200 and slaughter a hundred, the only possible response is to track them down and kill them. >> we have to deal with the realities that we have. colonel peters always good to see you. >> thank you, shannon. >> what started as a simple traffic stop ended like. this the officer pulled out a stun gun and forced them to the ground and how it happen and what the police department said about the heated situation. the dad forcibly removed and arrested from a meeting after critizing a popular federal school standard program. why he was charged by police and

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>> ca l train service is back to normal after a severed gas line caused problems last night. construction workers broke the two inch gas line in sen bernadinno california last night. workers capped the gas line at 1 o'clock. no injuries were reported. an ohio police officer is on paid leave after a traffic stop

got out of control. now they are questioned. and chris has more details. hello, trace. >> we should note that the video is out of context. and doesn't show the truck pulling up behind the police officer and the driver screaming at the officer to stop harassingly people for no reason. the officer said no one was following orders and why he pulled out the stun gun and the videotape begins. watch. (inaudible) >> no body tells you. you do it. you do it. i will arrest you. >> help. >> you know who you are. >> (screaming)

(inaudible) >> i remember you. you just went to jail. >> four machines and 50 seconds. and the woman on the ground she was pulled over for having a phony license plate and the man out of the truck is her father-in-law aaron. and his 14-year-old son is on the ground. another woman and two small children are inside of the truck. the officer had the stun gun and his other hand on the revolver and this night have used more force than necessary. play this. hey. he needs to get him down. we are getting them right now. this is ridiculous. >> (inaudible)

stop. >> you can see there are other people around with the video tape. and the video claims that the officer smashed the cell phone when she tried to call 911. the officer said he was putting the man from the truck in the back of the car and said to him, this act ought to make a good pay day for me. that's what the officer claims. and the incident is under full investigation. and officer hart is on paid leave while they look at the whole thing. >> a lot more with the story. thank you very much. and the police department has yet to confirm wrongdoing. our legal panel will delve in that and try to figure out who was in the wrong. plus, crime is so bad in one major american city, the

governor of the state considered calling in the national guard to help stop the violence. there are constitutional issues over the plan and look how things got so bad in america's city. they had armed guards. and so students could walk to class. new developments in fox, the fbi is looking into the possibility that there were american citizens among the terrorist in kenya. new details, next. it's time for advil cold and sinus. [ male announcer ] truth is that won't relieve all your symptoms. new alka seltzer plus-d relieves more sinus symptoms than any other behind the counter liquid gel. oh what a relief it is.

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fbi officials saying the agents are working on the grouped and working to see if the terrorist that attacked were possibly americans. agents in minneapolis are on the case and officials can neither confirm or deny involvement by the americans in the attack. the group al shabab is known to actively recruit inside of the united states. the obama administration saying it is concerned about the efforts. you will hear more about that in the coming days. >> one city may be going to extremes to fight crime. it is so bad in chicago with police lining the streets somake sure kids can safely walk to their schools.

the governor is opening to putting armed soldiers on the street of president obama's hometown. jowly is a contractor and former advisor to a senator and brad blakely is a advisor to president bush. >> according to article one only three reasons that congress can call up the national guard, brad, does that criteria fit here? >> it is not. it is a local purpose. it is a law enforcement problem by the city of chicago who can hire more police or get fellow states to send in their troopers at a fixed perdium. the way out is not federalizing state troops to perform a state it is wrong and our troops should be welcomed in communities in times of national disaster bringing bottled water and evacuation and even manning

the streets to help for national crisis. acts of god. this is not one of them. it is a self created crisis for local officials who can simply hire more cops. >> talking about the facts. 13 people shot including a three-year-old shot in the face. i believe four others were killed over the weekend and seven others shot. it is an ongoing issue. according to the fbi chicago is the murder capitol of the united states. can local authorities get it under control and as brad suggests hire more cops. is it mismanagement of funds? >> they are claiming it is a budget issue. i argue for chicago resident has to be the top issue facing them. if you have kids walking to school and not sure they would make it. i argue your budget issues are.

hoiring more cops that they should do that. brad is right, mostly right about this. there is no excuse for not hiring more troops or stat troopers. but if you are a parent and you are facing kids going to school. you don't care whether it is coming frchlt brad is right from the legal stand point. i don't know that there is a criteria for the national guard. i don't think there is. but as a parent you don't care if it is national guard or state troopers or more local cops. you want to make sure your kids are getting to school safely and i would not feel can have theable worrying about that today. >> let me read the grounds. congress has three constitutional grounds for calling up the militia. suppress insurrection and repel

invasion. brad those who are arguing that is what is happening because of the gang influx that things are out of control there. do you foresee any way congress would send the help because they think it meets the kri teria. >> these are not enemy combatants. they are criminals. the soldiers job is not to take to the streets and fight the american people. police have the role of maintaining social order and up408ding the laws in jurisdiction and not military troops. they can answer their own problem by hiring more cops and seeking other jurisdictions to come in and augment the police force. troops may be convenient. but it is not the way to go and violates the law and the governor is at his peril if he uses state troops in this matter. >> how much lies with the mayor

raum emmanuel. and do you think the president will speak out forcibly about what is going on there? >> obviously brad said. you don't nationalize it. the president doesn't have a rom. mr. ra hm emmanuel. he is the mayor and the buck stop with him. regardless of the party or mayor, you run for the top job you are responsible for what happened in your watch. we saw it in new york city 20 or 30 years ago. mayor jenkins lost the election because he was soft on crime. this is irrespective of party or political affiliation. it is a cries. when you are the mayor, you have to use every means at your disposal. if he thinks it is a national guard or disagrees or asks the

state police or hires more cop. if youar a resident of chicago. you have to do something about it. i don't know about the u.s. attorney. vua gang problem that is something that the u.s. attorney in the state of illinois and city of chicago should focus on. that rises to the level of the u.s. attorney and not just the local prosecutor. this is again, begins with the mayor and probably ends with the mayor and has components in the state and federal level to look at. >> brad, calling up the national guard, we have not heard that he would get involved with. that but does he have a public obligation to speak out about his hometown where we have volunteer firefighters and police officers to give their time to make sure the kids have safe passage to walk to school. >> he has a higher interest of

what happens in chicago, illinois. this is his hometown. and look how he lampooned romney in the election about detroit. romney turning his back on detroit. mr. president you turned your back on detroit and now turning your back on chicago and fwhot giving the attention you could do. and if the governor does what he said he would use the state militia and federal troops for a criminal action, the president deserves some responsibility for that action by the governor as well. >> i really wish he would not politicalize this. i am not sure what the president has to do with this. i know you love to tie the president to every bad things that happens. the president has syria and budget and now local crime

rates. >> he is worry about america first. >> you said it was not a federal issue. >> it is a hometown issue. >> he's not the mayor of chicago. we are talking about ra hm. >> his chief of staff. >> he is acting as capacity as the mayor of chicago. don't politicalize it for parents and children all over chicago and don't bring obama in this and lay it at his feet. >> the president has spoken out on a number of issues that are local in nature and folks in chicago are wondering why he doesn't do. that we'll see if there is more from the white house. >> growing debate over who decides what american kids will learn in their schools after a concerned parent is escorted out of a meeting after voicing concerns of a new curriculum. he wound up in jail.

>> you do. it we reported a short while ago how a routine traffic stop got ugly when a family decided to challenge the officer involved. we'll let you decide who was right and wrong. and offering volunteers 18,000 for lying around. one of the best jobs ever if you like to lay around. that's just a head. canned close

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addition after the floods forced evacuation. some resident have been allowed back to survey the damage and others are told that the damage is so extensive they may not be able to go home for months. as we told you a now minutes ago, an ohio police officer is on paid leave after a traffic stop turned in a terrifying situation for one family. the officer was seen pulling a stun gown on a man lying on the ground. >> we're getting him right now. this is ridiculous. >> you are slamming me against the truck. no. stop. (screaming) >> you are hurting my arm. >> i don't (bleep) >> get your arms up above your

head. (inaudible) >> he's got the whole thing here. >> right now. the police department is not confirming wrongdoing but investigating. the police officer pulled over one woman and her father-in-law didn't like her pulled over and got involved. joining me is list wheel. fox news analyst and anna young a criminal defense attorney. apparently the young woman allegedly pulled over because of tampering with her license plate. her father-in-law saw she was pulled over and he got involved. several people handcuffed on the ground with a tazer held over them and not used. the police officer is on leave. >> he will go through a due

process. did he use reasonable force or was it unreasonable. there was two grandkids of a father-in-law in the truck and that's why he apparently was so worried. you have got kids and tazer involved. and why couldn't the police officer called for back up and do something else than pull out the tazer. that is the question in the due process. >> if you watch the video other people witnesses and people filming this. and one of them is calling the police saying, we want another officer out here to handle this. that guy had his hands full if you watch the voochlt what led to this point i don't know. it is very heated by the point we see the video starting. they are yelling at the top of their lungs and looks like he is

using the radio to get someone else on the scene. how does he fare as the investigation plays out. >> what is important. we have spoken so many cops and based on the background. it is safety first and control the situation and deescalate the conflict. and we know it doesn't capture the entire incident and the circumstances. it only captures the point where they are handcuffed and on the ground. but you see from the video there and chaos and people are yelling and swearing and the officer doesn't have back up at the time. he doesn't know what is going o. he is trying to calm theuation and make sure his safety is protected and to deescalate the attention in that particular situation. >> we hold police officers to

a higher standard. they are supposed to have a tough skin and be able to handle this. there were no guns or knives and weapons that they had including the children and other child on the ground. to use that kind of force or display that kind of force puts the officer in a bad light. >> what about the fact that this officer was trying to handle a police stop for a doctored license plate and the fact that someone else zooms up and pops out and why -- yelling at the officer by the officer's account. one of the women said her phone was taken away and damaged in some way trying to call 911. and a witness has a phone taken away. and the officer throws it in the grass. how do you think it plays out. >> if you look at the totality of the circumstances. he doesn't kick them or use his

baton or actually from what i tell discharge the tazer. he is trying to deescalate the situation. the person didn't like the way the officer was speaking to his daughter-in-law. and expletives at him and say i don't like the f'ing way you're talking to me. clearly everyone else is yelling expletives, too. if you look at everything, this guy, actually, he's facing criminal charges, facing resisting arrest and misconduct during the course of an emergency. i believe what this officer was trying to do especially in the light of the fact that he didn't have backup is trying to, again, like i said before, control the situation. when other people are videotaping and obstructing his investigation as well, i think he was trying to do the best he could given the resources that he had. >> we had to leave it there. we're out of time. of course, the key elements are what led up to what we then see.

>> was it reasonable force. >> we'll follow this investigation. thank you both for giving your legal expert tigs. we appreciate it. >> thanks for having us. >> a message from beyond the grave for a daughter of a world war ii veteran who never got to meet her dad. you do not want to miss it. cottr clients trade and invest exactly how they want. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade. because i don't trade like everi'm with scottrade. me. (announcer) scottrade. awarded five-stars from smartmoney magazine.

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a $29 value free. don't wait until you become the next victim. ♪ ♪ i love this story. an inspirational story. after a letter written by a world war ii soldier to the daughter he never got to meet is finally delivered. private first class john eddington was killed in action in italy. i was awarded a purple heart for his sacrifice. that medal and his letter had been lost for decades, until

now, laura ingle is live with this amazing story. >> this is a terrific story. our story of the day. peggy eddingt 0. n smith said she was in shock when she found out her father had written her a special letter in 1944 before he was several overseas. her mother didn't tell her much about her dad and she says she never had anything to remember her father by. so at age 69, as you can imagine when she got the call that a letter and his medals had been recovered in an attic in missouri she was stunned. she says she knew he had a purple heart but thought her mother had thrown it away. she says she now knows how much her father loved her after reading his letter, what she shared here on "fox and friends" today. >> you may not see me for some time. i'm sending you this that you will always know you have a proud daddy somewhere in this world fighting for you enour

country. my darling daughter, i pray that i will see you soon as possible. so be a good baby always. always remember your father is the proudest. love your daddy. >> the woman who recovered the items, donna gregory, found the box more than a decade ago in arnold, missouri. her father was from about 75 miles southwest of st. louis. gregory turned to social media to track her down. gregory was on hand this weekend at the ceremony where eddington smith was handed her things for the first time. >> she deserved to know that. i never knew whether she was the one that had the stuff, if she had ever seen this stuff. >> she cherished these items for a long time and glad to see it over now. shannon? >> wonderful. laura, thank you so much. christians, the target of a deadly and brazen attack in pakistan. at least 85 killed when two suicide bombers hit a church

just as services were ending. who could be responsible and what it means for christian and their safety in that very war-torn part of the world. [ male announcer ] campbell's homestyle.

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this is fox news alert on the deadliest attack on christians one country has ever seen. and the death toll continues to rise. it's a brand new hour of "america live." i'm shannon breen in for megyn kelly. murders target worshippers at an historic church in pakistan. parishioners were just exiting the church to receive a free meal on the front lawn when two terrorists detonated bombs strapped to their bodies, unleashing devastation on that crowd. it happened yesterday. we just received word the number of dead has risen to 85. with more than 140 others injured. the tragedy now stands as pakistan's deadliest attack ever against christians. today, members of the christian minority demonstrated to call

attention to the unrelenting violence against them. own joining us now on the phone from pakistan, free lance reporter annabell simmington. thank you for your time. can you tell us any more about who's claiming responsibility. >> reporter: so far two groups have claimed responsibility for this attack. both these groups have in the past been affiliated with the pakistani taliban but it's not actually clear which one of these two groups is in fact behind the attack. they both cited similar reasons for perpetrating the attack, talking about a retaliation on u.s. droughns and also christians is the enemy of islam. but in fact the pakistani taliban central command came out and said they weren't behind at tack and they condemned it, which is something we've seen them do before in the past when such attacks have had such a high civilian death toll. but certainly this attack is yet

another example of the impunity with which armed extremist groups are able to strike across pakistan. >> well, i know there have been reports of many in the christian community there who say they don't feel safe. there are growing threats of kidnappings and killings. what is being done, if anything, to protect them? >> well, certainly, pakistan's christians and pakistan's religious minorities as a wide group commonly -- frequently persecu persecuted, treated as second class citizens, even yesterday in the wake of yesterday's attack, there were reports that the christian, the injured christians who were going to the hospital were not actually receiving the care that they needed from the doctors. largely as a result of this kind of prejudice. but it has actually been pakistan's shia muslim minority, that's bore the brunt of these kind of terror attacks. it's unusual to see -- we

haven't often seen christians being targeted in this way. rather we've seen christians being targeted through the use of the blasphemy laws. then today we have seen protests across the country, largely led by the christians but also with other minorities taking part, you know, calling for better security for the minorities who simply don't feel safe in pakistan. >> more and more of them are speaking out about that. annabel symington, thank you very much. as we mentioned, at tack on that church after sunday service is believed to be the deadliest ever to target pakistan's christian minority. about 70,000 christians live in the city of peshawar. roughly 2% of pakistan's 180 million people are christians.

there's growing debate over how the white house should responsible to the attacks in pakistan and in kenya as the administration tries to focus on the crisis in syria. this as president obama prepares for talks with world leaders here in new york at the united nations. chief courthouse correspondent ed henry here joins us live in the studio. hello. >> obviously the president here for the u.n. meetings, the general assembly over the next two days. a lot on his plate. you mentioned syria. add iran to that as well, maybe a new diplomatic opening there. although there's a lot of skepticism that will come to fruition. the white house saying this morning the statement came out from the u.s. ambassador in islamabad, richard olsen, who is deploring these attacks say we remain concerned about extremist violence including attacks like this that claim the lives of scores of innocent victims. violence against innocent civilians is an assault on the values of the people of pakistan

and a threat to a prosperous future for all citizens. republican senator lindsey graham was on fox earlier today and claiming he believes that the president has a diminished hand right now on the world stage. that's part of the reason why all these national security threats are coming together right now. take a listen. >> there's a perfect storm building for this country to get hit. we have a weak president, a war-wary public, enboldened enemies, shaky allies. what you saw in kenya could come back to us. we're letting our guard down when it comes to dealing with the radical threat in our own backyard. >> reporters were told aboard air force one, he said in general, the u.s. is monitoring al shabaab she carefully. their effort to recruit americans and others to their cause. he vowed the u.s. will not be shaken by the attacks in kenya

or pakistan. they say the administration has accounted for a democratic personnel in nairobi. they are making sure the safety of u.s. citizens will be good in the days ahead. shannon, especially after benghazi, this is important for the white house. they've been very much on defense about that, making sure that diplomatic personnel are safe in all these hot spots. >> how critical is this week for the president here in new york on the world stage with so many different leaders and so many different issues confronting the white house. >> he didn't have eye lot of one-on-one meetings diplomacy. they didn't want to the romney campaign on a missed word or syllable here or there. he's been re-elected but going through a rough patch, not only on the domestic issues but the other issues. he's gotten almost nothing on his doughestic agenda done, gun control, immigration reform.

all of these national security challenges coming together at the same time, he's going to have to show that lindsey graham is wrong and he doesn't have a diminished hand on the world stage as well. >> good to see you in person. thanks, ed. for a closer look at how the white house is handling the overseas terrorist attacks targeting christians and westerners, we have a fox news contributor. eric, how does the white house respond here in they have to be careful and with so many different issues as ed just outlined, the president has a full plate. >> he does have a full plate. i'm wondering how much he's going to spin to the united on this. it sounds like he's not going to spend very much on this. we'll focus on syria. his white house seems to a couple weeks behind the news cycle here. you're starting to see in washington, the pivots between this administration and some of his top aides now deciding whether or not they'll get on the train for the next administration. this is kind of where george

bush was, where the "a" team is left, the "b" team is in charge and now the "c" team is coming up. >> as people look ahead to the future and what comes next, the president still has a full three plus years of managing to do, with so many crises on the horizon, let me ask you about the international issues. we expected the president to be at the united nations general assembly talking about issues of syria which is still lingering out there, certainly completely unresolved at this point. issues with iran and its nuclear program. is he going to have to pivot to deal with some of the discussions about kenya, pakistan, about other things that are flaring up as well? and certainly egypt remains somewhat unsettled. >> i think he needs to. whether or not he will is another subject. i would imagine the white house is looking at these things and feels like they need to. this is a trend around the world right now, in egypt, kenya and pakistan. in pakistan, their minorities affairs minister was assassinated. it's a growing problem around

the world right now. it plays into syria. it's definitely something the president should address. this is a president who domestically and internationally hasn't done a lot of on religious freedom. he's done a lot on other issues. >> the issues with russia and china and the votes -- or the attempts at votes, the attempts at finding some kind of resolution at the u.n., how much do you think the rest of the world is watching this week to see what the president has to say with that red line lingering out there? with this tentative deal brokered somewhat by the russians. how much do you think we'll have to talk about those things and come to a resolution if that's possible? >> i think the rest of the world is going to pay attention to this speech, in particular because we seem to be the only country whose president and largely part of the press corps believes he got the strong hand on syria. the rest of the world is playing badly for us. it makes him look weak abroad

and middle eastern press and the russian press and the european press, i think they'll be paying attention to this president. everyone seems to think he's weak except for him. >> what do you think it will mean if he does, there's been speculation about whether he'd meet with iran's new president. the way that iran is structured and functions in reality, is hassan rouhani the leader of iran, who truly is calling the shots there and what would it mean for the president to meet with him? >> i think it would be kudos to the president if he can make it happen. it's whether or not they'll do what they say. iran has seen what we did in north korea, which probably has a nuclear weapon and they're probably thinking they can play us as well, even if they go through negotiated processes with the president. it will be a good use for the president if they could have a face-to-face meeting. >> if he did meet with them, do you think they would discuss the

issue of what's happening in syria is a proxy war involving iran and russia and all these other players? is that a subject that world leaders, when they sit down, broach face to face? >> i think they'd have to bring this up. the president definitely has to bring it up. syria is just a proxy war for the russians and iranians and funning of terrorist groups through iran. if he doesn't bring that up, it would be a failure on his part to do it. i can't imagine he wouldn't bring that up. obviously, i think they wouldn't want to get side tracked by nuclear weapons. one goes hand in hand with the other one. >> thank you very much for your input. thank you. a christian soldier says he could face a court-martial after telling his superior they didn't have the same views on same-sex marriage. can exercising the right to free speech in the military result in criminal charges for the people who protect our nation? outrage at the emmys.

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new action against the muslim brotherhood, banning the group and ordering the confiscation of all of its assets. the court also banning all activities by the muslim brotherhood. the group was outlaud for most of its 85 years in existence. the court decision is likely to drive more brotherhood members underground and a crackdown may encourage young islamists to

take up arms against the state. a krchristian airman fighti for his career after being punished by an officer. i spoke with senior master sergeant phillip munch last month siene he said he was trying to express his own religious beliefs. >> lauren is -- i wouldn't -- i wouldn't agree with certain mindset or way of thinking because i have a deep religious conviction and belief and as a result i was let go. >> now he is facing an investigation and possible court-martial after talking to the media and arguing for what he says is his first amendment right. joining us now, tony perkins with the family research council. there's so much more to the story. there are so many twists and

turns. we know that that sergeant was transferred. now, the military has said that transfer was long going to happen. it is not a punishment. he did have a disagreement with his commanding officer but that he wasn't punished. your take? >> well, shannon, that's kind of hard to back up. the reality is, this is not an isolated case. it's interesting, there's more back story to what senior master sergeant monk, he simply refused to go along with the statement of supporting same-sex marriage. he didn't come out against it. he was forced to say i support it and he didn't do it. what happened as, his pastor, a baptist church in san antonio preached a message about we have to stand up for what we believe in. that's a part of not only our obligations as christians but as our right as americans. come to find out pastor branson hold a forum last week in his church and about 80 different members of the air force came forward with different stories. p this is not isolated.

we're seeing that the military has become extremely hostile under the obama administration toward orthodox christianity. >> after i talked with the sergeant and he has talked with a couple other media outlets, he decided he wanted to push back against what he perceiveds is a reprimand, any negative treatment in his feel or his career. it will impact him down the line. >> absolutely. >> he said i would like to appeal what happened here. he and his mother went to meet with a superior and at that time they say he was told he was going to be read his miranda rights and he could be facing criminal charges, potential court-martial for making false official statements regarding this case. he said he thought this was an issue of retaliation because he decided to go public with this. how serious could that be? we know it's just an investigation at this point but where could it lead?

>> he has 19 years of service, a spotless record. he filed a complaint because he felt he had been discriminated against because of his religious beliefs. then all of a sudden he was read his miranda rights and said he is the suggest of an investigation as you just stated. it's absurd to think he made an official false statement. he made a statement to the press that he believes he was being discriminated against based upon his religious conviction. again, i think what this is, it's more than just this case with sergeant monk, this is a pattern and under this administration, to intimidate and silence those who would challenge the direction that the obama administration is taking our military. >> let me ask you about this. last year congress approved a rights of conscience for military members the law is section 533 of public law. it must may not use such beliefs

as the basis for any adverse personnel action. now, the military here as said there hasn't been adverse personnel action. why wouldn't a law like that apply here, or does it? >> it does apply there. this shouldn't have happened if that law had been applied the way it should have been. it's actually being strengthened. the defense authorization act which is still in congress actually goes further to protect beliefs. under the obama administration, it's become very difficult as a person of faith, a religious person to simply walk out their faith. living your faith in the military has become like walking through a mine field. it's not just a matter of conscience. it should be the ability to live out your faith. he was not even allowed to hold a view that was contrary to his lesbian commander. >> there's a lot of back and forth then 0 story.

i know the pending defense authorization bill, both the house and senate, have versions that would add additional protections for military members. tony perkins, thank you for your time. >> thank you, shannon. good to be with you. he wasn't in court but it was a very big day for the surviving boston bombing suspect. could he face the death penalty? we'll find out. also, we're learning more about the al qaeda-linked group claiming responsibility for the massacre in kenya. our own government is investigating whether americans may have been involved in the attack as attackers. new details, straight ahead. they're trying to kree unite people to get rad ral terrorists, american citizens to join their cause to hit us here and home and recruiting people to go yaefr sea overseas to the. [ man ] this isn't my first career.

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with the death penalty. as a courtesy, the u.s. attorney asked the defense to file any arguments they may have against the death penalty by october 24th although the attorney general does not need defense input to render their decision. the prosecution alleges that the defense requests for the court to establish some sort of schedule is actually improve but regardless, the government is respectfully requesting that if the court does decide this, they set it no earlier than january 31st, 2014. judge o'toole decided there will be no date set at this point in time and there are other discovery requests that have been made. a response is expected on that. as of now, things are moving forward and they're beginning to discuss these issues. of the 30 charges that tsarnaev is facing, 17 of them carry the possibility of the death penalty. the next stam us hearing is slated to happen on november 12th at 10:00 a.m. back to you. >> molly, thank you very much for the update. the president may be making

the most anticipated speech at this week's u.n. conference but as we hear about the bloodshed in kenya and at a christian church in pakistan, there's a growing debate whether over meeting with iran's new president could really be a good idea. ambassador john bolton will weigh in. more on the terror attack in kenya. video inside the luxury mall shows some of the chaos. >> it's extremely deadly organization, very well trained and it's one of the only al qaeda affiliates which actually has actively recruited here in the united states. across america people are taking charge

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some side effects can lead to dehydration, which may cause kidney problems. if your pill isn't giving you the control you need ask your doctor about non-insulin victoza®. it's covered by most health plans. . this is fox news alert, just minutes ago president obama making his first comments on the kenya mall attack. he spoke here in new york during a meeting with the nigerian president before heading over to the united nations. take a listen. >> i've had the opportunity to speak with the president directly about the terrible tragedy that's happened in nairobi. and we are providing all the cooperation that we can as we deal with this situation that has captivated the world. i want to express personally my condolences to not only president kenyatta who lost some

family member in the attack but to the kenyan people. we stand with them against this terrible outbreak that's occurred. we will provide them whatever l.a. support that is necessary and we are confident that kenya, which has been a pillar of stability in eastern africa, will rebuild. >> and there is now an intense effort to identify the terrorist who killed at least 68 people and injured 200 others at that mall in nairobi, kenya. the fbi were we're told, is on the ground as kenyan forces continue in operation trying to end the hostage crisis that's now going into its third day. the feds tell fox news they cannot confirm whether any of the attackers are americans. reportedly between 10 and 12 attackers are behind the massacre. they are affiliated or claim to be affiliated with al shabaab. the officials say the attackers come from all over the world.

katherine herridge has been with this since day wn one. >> reporter: there are no matches for americans in the data bases or watch list. a complicating factor for investigators is that one of the names is so generic, it's described as the somali equivalent to john smith. the mall itse selself is a depa from of the places. because a terrorist group has never tweeted out names in the past. the ranking member of the house foreign affairs committee telling fox news that the attack appears to be retaliation for the kenyan government's recent deployment of troops to small la where 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 peacekeeping force in somalia from the african union. so this is a way, obviously, trying to get back at them. terror, pure terror, pure and simple. they won't succeed. >> fox news is told the fbi does have agents on the ground in nairobi and agents are on the ground in minnesota and missouri. focusing on individuals who are missing or have recently fled the u.s. on the sunday talk shows, the former head of the house homeland security committee explaining the impact here at home. >> we know there's probably still 15 to 20 somali-americans who are still active over there. the concern would be if any of them have come back to the united states and used those abilities here in the united states. >> based on conversations with law enforcement sources they said they were looking at two scenarios, one a sick scenario where the names would match up

and they could look for ties here to the united states. that has not happened. they're looking for additional information or the more grizzsl task of looking up the records of the people in that mall. president obama just arrived in new york city for what is shaping up to be a crucial week for american diplomacy. at the top of the agenda, working with russia to get syria to hand over its chemical weapons. and trying to keep tehran's nuclear ambitions in check if possible. john bolton joins us live. >> good to be here. >> as the days tick by there are increased warnings that they are that much closer to a nuclear program. there has been discussion that the president may meet with iran's new president. good idea, bad idea?

>> hassan rouhani is engaged in the international charm offensi offensive. those sanctions have not affected its nuclear weapons program and there's no possibility, i think, that iran will be negotiated out of that program. but negotiations could bring relief from the sanctions and, therefore, alleviate the pressure and the threat of an israeli military strike. in terms of the president meeting rouhani, look, iran is still a designated state sponsor of terrorism. that means rouhani is running a mechanic six that aids terrorists all around the world. he may not set them off but he's fund the explosives that makes him the functional equivalent of a terrorist. i don't think the president of the united states ought to shake hands with a terrorist, period, closed quote. >> does it increase his stature

in the international market where people are watching clo closely to see whether the u.s. agrees to have a friendly chat, any kind of discussion or relationship with him. >> the europeans are dieing to get 234into a negotiation with iran. if we participate, it will give iran decisional legitimacy and time to continue their nuclear weapons program. it will allow president obama to pressure israel, not to engage in a military strike while there's a diplomatic process going on. and obviously rouhani hopes to get relief from the sanctions. so from iran's point of view, there's no downside at all. from our point of view, it simply allows iran space to continue towards a nuclear weapons capability. >> what do you expect from israel this week? >> i think prime minister netanyahu will continue his speeches warning about the iranian nuclear threat. it is an existential issue.

many arab friends of the united states are just as worried as israel is about an iranian nuclear weapon. if they get a nuclear weapon, it won't stop there. saudi arabia will respond, egypt, turkey, perhaps others. that's why stopping iran is so important. because proliferation around the region will take some place that's already volatile and make it more dangerous. >> syria is still on the table there. russia pushing back against a lot of efforts that the u.s. and others are trying to make in resolving the situation as best they can at this point. we've got this tentative agreement that they're going to turn over their stockpiles, going to be destroyed, chemical weapons. how critical will that conversation be here this week in new york? >> i don't think there will be much progress one way or the other in syria. i think the deal announced in geneva was a cosmetic solution for president obama, more than anybody else. even if you could imagine a

circumstance where awful syria's chemical weapons would be destroyed in a very short period of time, they could simply get more chemical weapons from russia, which has been violating the chemical weapons convention since it entered into force almost 20 years ago or from iran, a party to the cwc, which has also been violating it happily, as has north korea. this really, this agreement, had the consequence of buying time for the bashar al assad regime, which is what they needed militarily inside syria. >> how do we look on the world stage then? we've threatened potential strikes of some kind in syria. russia says we have this agreement. we go along with it, essentially saying that looks legitimate, it's a good solution, it's diplomatic, that's what we'll do. if you're saying it has no teeth, does the rest of the world look at it at way? do we look foolish? >> i think we look weak and

indecisive. if i were rouhani, i would be focusing on some encounter with president obama to launch these negotiations. remember, rouhani was iran's chief nuclear negotiator ten years ago. he followed the same playbook then of buying time for iran's nuclear program to move closer to success. i think he's going to do the same thing here. >> is he -- though essentially truly calling the shots in iran? we always hear so much about how the religious leaders are truly the most powerful ones. where does he stand in the hierarchy, speaking for the country and their policy? >> he certainly speaks for the country but he's below the supreme leader, the eye toll la -- ayatollah khomeini.

he doesn't proclaim that israel should be drive noon the sea. he smiles a lot. that makes him a moderate compared to mahmoud ahmadinejad. on the single most important issue, iran's 20-year long effort to get weapons, there's not a dime's worth of difference between them. >> i guess it's all relative. >> they're getting closer and closer, negotiations are not going to change that. >> we'll watch the speeches, primarily the president's and see what has to say about this as well. controversy over the tributes at the emmys last night. who got snubbed and whose life was celebrated and who's unhappy about it today. and a father facing jail time after speaking his mind. find out why this man was escorted out of a public meeting in handcuffs. >> parents, you need to question these people. do the research.

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who ever said lounging around doesn't pay? my parents, i think. nasa is offering volunteers 18,000 today's lie in bed for 70 days. this job is notes aeasy as it may sound. two groups will lie in positions, the same ones that astronauts do in space. they'll have to eat, use the bathroom and even shower in that one position. nasa is also warning participants they'll be at risk for bed sores and a loss of muscle strength and bone density because you're stuck. the study will help nasa develop techniques to keep astronauts healthy in space. a maryland parent dragged out of a public meeting and slapped in cuffs and wound up in jail for questioning the school's hotly debated common core curriculum. robert small was charged with second degree assault of a

police officer, he faces a fine and up to ten year behind bars. for asking what he calls inconvenient questions. >> my question is how -- for community college? you mentioned before that the emphasis is -- >> let's go. >> let him ask his question! >> let him ask his question! >> so the next question. >> let him ask his question. >> you're sitting here. you have questions. [ talking at once ] >> excuse me. excuse me. >> turns out the security guard was an off-duty police officer

as well. here to talk about this, fox news analyst. this is another situation where things got really heated. >> and caught on video. >> it's caught on video. this dad was taken to jail in handcuffs. >> right. >> he says he was just trying to ask questions. the school board folks say there was a protocol, you had to turn in a written question. >> did he not follow the protocol of the written question. he wasn't getting the questions answered. this was a public forum, public place, talking about public schools and something that was going to affect all of the parents. i have two kids that have gone through public school, one is still going through public school. i can imagine the frustration that you go through. you're supposed to be in a place where your questions should be answered. at least you could ask something, have a forum. otherwise, the curriculum is shoved down your throat. this parent got mad. did he act in the appropriate way for the protocol? no. but did you hear, shannon, the other people, let him ask his question.

why couldn't he ask his question? >> yes. he said, isn't this america? don't be sheep, don't sit there and be cattle. you have to ask the questions, you have to be able to push. he was frustrated with the process, clearly. apparently someone spoke with him about the written way you had to turn them in. no, my questions weren't getting asked. i had the tough ones, the inconvenient ones. >> that are not going to necessarily be answered. when you take those questions in a written forum -- >> not that one. put that away. >> anything that is controversial, that's not going to go easily. the school administrators, they have on their mind, they want to pass through this core curriculum. many other states are doing that. they want to pass that through. they don't want inconvenient parents like this. i think the fact this man is facing ten years as you said, they'll never get anything like that. when all he's tried to do in a public place is voice its first amendment rights to ask about his kid's education.

>> you can see in the video, the man in security, does confront him. apparently one of the panelists, maybe it was the superintendent there, had an assistant or somebody approach. say please have security have this man go out. >> right. >> he did parentally push back against that. >> not the right way to do it. >> the officer at one point, you can see he's an off-duty officer. he takes out his police badge and shows him. the dad is like i'm just trying to ask a question. he ends up in handcuffs. >> off-duty police officer. it really should have been dismantled at that point. let him ask his question. when you hear in the audience everybody saying let him ask his question. they're there as parents, because they want answers to these tough questions. and gliding over things is not going to do that. >> rob effort small made his point. we will follow his case and certainly see what happens and do an update.

>> you got it. as the son much a famous tv actor suggests his dad was snubbed for that young actor could be honored. we're live with the story, next. [knock] no one was at home, but on the kitchen table sat three insurance policies. the first had lots of coverage. the second, only a little. but the third was... just right! bear: hi! yeah, we love visitors. that's why we moved to a secluded house in the middle of the wilderness. just the right coverage at just the right price. coverage checker from progressive. [ female announcer ] at 100 calories,

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this is a fox news alert. according to the "associated press," the irs says the official at the heart of the tea party scandal, lois lerner, is retiring. she was the head of the department that decided which groups would be have closer scrutiny, and many dozens of conserve groups have filed suit, saying they were singled out. she was called to testify before congress, and after she gave an explanation, she then took the

fifth. she has been on paid leave since march, but crossing the wires now according to the irs, lois lerner is retiring. >> controversy at the emmys and has nothing to do with who won or lost, but it's about who got singled out for memorial tributes stars like cory monteith were honored, and in were not. here's the backlash. >> the emmys were an award weird, or on hash tag weird emmys. unconventional tributes for departed actors, namely the cory monteith tribute. the "glee" actor who was 35 when he died of a drug overdose, was one of the actors who received a stand alone tribute, james gandolfini and lab rearview -- e

factually of jug -- jack includingman's son was furious that he only got a brief mention. but the most talked about moment on twitter seemed to be michael douglas' raunchy acceptance speech after he won an emmy for liberace. and at one point douglas joked, while pointing to the stat uess. mat, you deserve half of this. do you want the bottom or top. and douglas also thanked catherine zeta-jones, and breaking bad got in the emmy for drama, and veep star, julia louis-dreyfuss won her fourth

emmy. >> it is entertaining, it was. >> thank you very much. >> possible meeting between president obama and iran's president at the u.n. giving hope to the parents of a former u.s. marine held captive in iran since 2011. why he is behind bars and what is being done to try to set him free.

>> making himself at home, wandering the streets for several weeks. they're big. at first, folks thought it was cool, seeing a moose roaming around. animal control officers were asking folks to leave the big guy alone, but after a while things got too close for comfort. the denver channel reporting officers hit the moose with a tranquilizer dart this morning and took him away to saver pastures.

"studio b" with trace gallagher starts right now. >> this is "studio b." police say they have made signaturant progress in the standoff in a mall in kenya which left dozens of people dead and some americans wounded. details on the attackers, many of whom apparently have links to al qaeda next. the white house suggested that president obama may immediate personally this week with iran's new president at the united nations general assembly, move that could mark a huge milestone in relations with the rogue nuclear nation, and we'll speak to a u.s. congressman working to free an american prisoner now in iran. plus, we're just a week away from a potential government shutdown and democrats have slammed the plan from house republicans to keep washington running, while pulling the plug on the president's healthcare overhaul. we'll look at the