bill: i'm back at 1:00. martha: "happening now" starts right now. jenna: we look forward to that. we're tracking breaking developments on three major stories right now. the first one, deadlock in washington. the government shut down is now in week two. the debt ceiling deadline is fast approaching. we have new details. new details emerging on a pair of anti-terror raids by special forces. we're learning more about a suspect in custody. east coast is facing the possibility of severe weather. tornado watches from virginia all the way to new york city. first right now, brand new stories and other news you only see here. jon: the atf agent who blew the whistle on the botched gun-running program, "fast & furious," wants to tell his story to the american people. we'll tell you about government efforts to stop his new book and who is coming to his aid. also the norovirus, it sickens 21 million people a year. now promising new research

offers hopes of a vaccine. new details emerging about one of the suspects in the biker rage attack caught on tape as we learn that he once face ad 25-year prison sentence but only got community service. it is all "happening now." jon: well, democrats and republicans are both digging in their heels you might say as the partial government shutdown enter as second week with no end in sight. welcome to "happening now" on this monday, i'm jon scott. >> hi, everybody, i'm jenna lee. there is something bipartisan about this. jon: what's that? jenna: both sides are deadlocked. is that something we can agree on? jon: that is the good news. jenna: we have quite a week ahead of us. one of the things both sides are deadlocked over are spending and debt limit among other things. the two issues are deeply entertaining gelled. house speaker john boehner over

the weekend says he won't move to reopen the government or raise the debt ceiling unless the president agrees to negotiate on deficits and federal spending. treasury secretary jack lew warns lawmakers are playing with fire by risking default. >> i told the president there is no way, the votes are not in the a clean debt limit the president is risking default by not having a conversation with us. >> so under no circumstance will you pass a clean debt limit? >> we are not going down the path. it is time to deal with america's problems. how can you raise the debt limit and do nothing about the underlying problem? >> never to then to the point where the united states government has operated without the ability to borrow. it is very dangerous. it is reckless because, the reality is, there are no good choices if we run out of borrowing capacity and we run out of cash. it would mean that the united states for the first time since 1789 would be not paying its bills, hurting full, faith and credit because of a political decision. jenna: our chief congressional

correspondent mike emanuel is live on capitol hill. mike, what is the latest from the democrats this morning? >> reporter: jenna, resumed criticisms of house speaker john boehner. a spokesman for senate majority leader harry reid says speaker boehner has a credibility problem. reid's spokesman says, there is now a consistent pattern of the speaker saying things that fly in the face of the facts or stand at odds with boehner's past actions. meanwhile the house democrat from illinois says enough is enough when it comes to this shutdown. >> i think it is time to open the government up. i think if we had a vote on a clean, continuing resolution, because in reality we're talking six, seven weeks. a couple of weeks have already gone by. we should go back to our budget process. >> reporter: his point being that lawmakers were only trying to fund the government for a month 1/2 or so so these arguments can continue. not like they were working on a long-term deal. jenna? jenna: an the republicans, mike?

>> reporter: the republicans are essentially trying to hold their ground. they were asked today, a key conservative was asked what would he think of the president being willing to negotiate after the president said he would negotiate after the republicans reopened the government and raise the debt ceiling. >> the fact that he is even willing to negotiate a the all is a welcome change but it's a change but so far what he has been telling us you do it my way, do it exactly my way or we will not do it at all. he can't do that he is not a dictator. he is not a despot. he does have to deal with congress. if he is willing to negotiate, that's a great. i like to see where he is willing to negotiate. >> reporter: all indications are that will be another long week on capitol hill. many lawmakers expect the government shutdown fight to blend with the debt ceiling battle next week. it should be a very heated week on capitol hill, jenna. jenna: certainly will, mike. >> reporter: thank you. >> two separate nations in

africa, two dramatic raids by u.s. special forces over the weekend. their targets? a pair of high level terror leaders hiding in africa, including this man known as abu al-libby. wanted for the 1998 bombings in kenya and tanzania. he was captured at his home outside of tripoli in libya. jennifer griffin is live from the pentagon this morning. where is this guy now, jennifer. >> reporter: he is being held on a u.s. navy ship in the mediterranean. we decided not to name the ship for security reasons. he has been held there. he is being interrogated by a lie-level cia/fbi interrogation team. he will be held for several weeks we're told. if history is any judge, the last time that the u.s. military captured a, a al qaeda leader and took him to a navy ship they questioned that leader back in

2011 for about 40 days. it is possible they will do the same in this case. eventually wasami was tried in new york. what we're hearing al-libby will be tried in the southern district of new york after they have gotten the intelligence they need from him. in tripoli today the family of al-libby says they have surveillance footage of the commandoes during the capture. they reenacted for local journalists in tripoli, how the operation went down. they say that he was captured outside of his house as he was pulling up after morning prayers but there are some indications he may have been nabbed outside of that mosque after coming out of those morning prayers early sat did i by the army delta force operators who captured him, jon. jon: often now we used drone strikes to take out the leaders. do we believe rendition, going and capturing them is what this administration plans do do from this moment on? >> it is interesting, jon.

remember when president obama came into office i outlawed what was known as extraordinary rendition. capturing somebody, taking them to a third company. he closed cia black sites for interrogation. now the interrogations are happening on board u.s. navy ships this is how state state secretary of state john kerry the laws under which think operated when they nabbed al-libby. >> with respect to al-libby, he is a key al qaeda figure. he is a legal and an appropriate target for the u.s. military under the authorization of the use of military force passed in september of 2001. >> reporter: that law was passed after 9/11. the administration decided not to use guantanamo bay. the clock is ticking for those interrogators on board the navy ship. but none of the officials we

asked can tell us what the current law says in terms of how long a suspect who has been captured can be held on a u.s. navy ship before being handed over to u.s. federal authorities, jon. jon: so that's the raid that went down in tripoli. what about the one in somalia, what can you tell us about that? >> reporter: well, what we learned, jon, that raid was supposed to be a capture operation, not a capture or kill operation. the navy seals came ashore as we reported yesterday. they came ashore. they targeted a house in house south of mogadishu where they thought a man who goes by the name of ikrima a kenyan of somali origin hid of fighters for al-shabaab in somalia. they knew he was at the house at the time. when they got close they decided they could not capture him alive. they decided to retreat. local reports suggest there was a gunfight on the ground. that mission we're told was not successful. it was supposed to be a capture

mission, not capture or kill mission. jon. jon: please stay on it for us. thank you. jenna: let's bring in general jack keane, retired four-star general, fox news analyst. good to see you. >> hello, jenna. jenna: four raids, two nights, what do you think of the timing? >> they are related in that sense. clearly somalia and libya are not related. but as intelligence run folding they made the judgment it makes sense to do it simultaneously so they don't give off early warnings and people start taking unnecessary precautions that would detect what they're trying to conduct. so i think while they're not related operationally they probably did put them together. certainly the the operation in libya is extremely successful to get somebody of that notability and be able to deal with him over a period of time with some of our best interrogators i hope we get good intelligence from

him. jenna: let's talk about the strategy and parallels between both operations. general keane, jon and jennifer were just talking about this. are we seeing a switch in tactics away from the drone strikes to more capture rather than kill missions? >> well i think that remains to be seen. you know, certainly there has been many advocates to do more capture missions because of the obvious intelligence value. you always have to assess what the risk is going to be for the ground operators involved in this mission. what i'm hoping this is more of a policy change to take on the rise of al qaeda that is not only taking place in africa but in the middle east in general. that we're makeing a statement here after awe benghazi after the al qaeda operations in mali, after the attack on the energy post in northern africa and certainly after nairobi's mall attack that we're getting back into this game in a meaningful way. jenna: what does it tell us about our enemies? >> well the al qaeda have always

been after regional control of the countries in the middle east. wherever there are in fact muslims. so they are decentralized, attempting to feign physical and territorial control and that is what is unfolding in front of us. it is a mistake to make the judgment they're morphing into something else. they had always planned to decentralize and take over territory and we have to stand up to it and i'm hoping this is a policy change to do just that. jenna: from the military side, what is the next step? after the operations happen, one successful, the other we're a a little bit unsure about, what is the military preparing for next and what is the presence or lack thereof on the ground as the follow-up to these missions? >> well i think in the case of al-shabaab, the rise of al-shabaab and their operation they conducted in nairobi, i think most people were somewhat surprised by that.

because, we had pushed them out of mogadishu into the suburbs and they have been somewhat marginalized. they are claiming to be transnational. that remains to be seen. in other words they can conduct attacks outside the country. i don't think that is the case yet but i think we're very focused on thatorg mitigation -- organization, and this is certainly indicator. we were looking for somebody that would give us more intelligence on the organization. i think we'll stay focused on it. i would like to get focused on the organization that attacked in benghazi. our intel agents certainly is but we have not released cia or special operations forces to go after them. we'll certainly not get help from libyan officials in arresting the perpetrators of the attack on benghazi. jenna: that is big question for our viewers as well. you see the operation in libya, what about benghazi? where is the follow-up there? that's a great conversation for another day as well. general keane, great to see you as always. thank you. >> take care, jenna. jon: a three-time indy 500

winner injured in a terrible crash on the final lap of the houston grand pre. showering debris into the stands. an update on his condition straight ahead. house speaker john boehner takes a hard-line in the budget battle. saying it is time for the republicans to stand and fight. could save you fifteen percent or more on car insurance. mmmhmmm...everybody knows that. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w... ...e...i...e...i...o. [buzzer] dangnabbit. geico. fifteen minutes could save you...well, you know.

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jenna: well, right now, more than a dozen people are recovering from injuries after a nasty crash at the houston grand prix including three-time indy 500 winner, dario franchitti. he fractured two vertebrae, broke his right ankle after he made contact with another car, launching him into the fence seeing on your screen. this is the last lap when it happened. the accident showered debris into the grandstands, injuring

13 fans. >> the car completely spun around. the tires were flying off. >> it was very scary. >> very frightening. >> there was a lady trapped underneath the fence. as soon as we got here she was crawling out from underneath it. jenna: fran kitty, sustained ad concussion and surgery on his ankle. medical responders attended to the others at the scene. >> i in working with my members decided to do this in a unified way. i have 233 republicans in the house. and you have never seen a more dedicated group of people who are thoroughly concerned about the future of our country. they believe that obamacare, all these regulations coming out of the administration, are threatening future for our kids and our grandkids. it is time for to us stand and fight. >> house speaker john boehner there rejecting calls to reopen government and raise the federal debt limit unless the president

and democrats start negotiating with republicans. so where do we stand after a weekend? a.b. stoddard is associate editor and columnist for "the hill." a lot of people that talk to over the weekend are just shaking their heads. they can't believe that our government can't get its act together and yet you say this train wreck has been coming for a long time and everybody knew it. >> well, i didn't want to talk about it out loud but for several months members of the house leadership have, on the republican side have really figured there was not going to be an easy way out of the debt ceiling increase. they didn't know they would have problems on the september 30 fiscal year deadline funding the government. they thought they could keep it at the cut sequester levels. continue with the same appropriations for the year and move on to this fight but this final fight, that is going to take place at the end of october, that really was the fight that leaders knew tea party-backed conservative republicans were not going to give in on and ultimately they

always knew and john boehner knew it as well, he was probably going to in the 11th hour have to find the votes from democrats. jon: so democrats think they have speaker boehner over a barrel? >> that is the problem for john boehner. you heard him this weekend in his interview say the president just needs to call him. he really needs to be able to have some kind of a thing that he can call a win. so there is a deal to be made. there is always a deal to be made. you might not have to have a clean debt ceiling increase. you might be able to deal on the continuing resolution to open the government back up but there is something obama could do for john boehner so he could come back and say i got something. right now president obama and the democrats are not willing to do that. why? they know that john boehner won't sleep at night if he brings the country into default. they all know at the 11th minute of the 11th hour john boehner is going to do something with whatever republicans he can russell up and get rest of the votes from democrat. he will do that like he

announced behind closed doors last week that he won't let the country default. jon: on "america's newsroom" this morning senator mike lee of utah was critical of the president for not doing anything, not in his view, coming to the negotiating table with anything. let me play for you what he had to say. >> you do it my way, you do it exactly my way or we will not do it at all. he can't do that he is not a dictator. he is not a despot. he does have to deal with congress. so if he's willing to negotiate, that's great. but i like willing to negotiate. jon: is there something that the president would be willing to offer to get some kind of a deal? >> i think the president is not willing to negotiate on obamacare and i think he made that clear. i think even mike lee himself acknowledged last week that the continuing resolution which ultimately was not passed and shut down the government because it defunded obamacare, that was not the best way to go. they need to start talking about tax reform, entitlement reforms.

approval of the keystone pipeline, repeal of the medical device tax, things where there is some common ground. i think president obama would be willing, like i said at the last minute, throw house speaker john boehner a bone but it won't be on obamacare and that's for sure. jon: we'll look for some of those other potential sweeteners like the keystone pipeline. a.b. stoddard. thank you. >> thank you. jenna: new information on a brutal confrontation. this is not the first brush with the law for a suspect in the mob biker attack on a suv driver. there are questions how the case was handled and how it will impact the case now. our legal panel is next on all those developments. plus a nasty mix of storms and snow hammering the country. we're live in the fox extreme weather center next. [ male announcer ] imagine this cute blob is metamucil.

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jon: new information on the biker arrested in that brutal attack on an suv driver in new york city. you have seen the video. we are learning it is not the first legal trouble for this guy named reginald chance. earlier this year he faced more than 25 years behind bars on drug and gun charges but thanks to a sweetheart plea deal with the judge, he ended up with a slap on the wrist doing 20 days of community service. so how could this happen? bring in our legal panel. esther panitche and jonna spilbor. both are criminal defense attorneys. jonna, you first, reginald chase, 30 years old from brooklyn, he is the guy, police say, is take off his chrome-colored helmet and smashing the window of the suv with a young family inside. eventually the life, alexian lien was beaten up, his face cut pretty badly. this guy could have gone to prison for 20 years but got out.

what kind of charges does he face now? >> now, he is facing his top charge, is gang assault, which could put him really behind bars up to 25 years. here is where his sweetheart deal from before is going to hurt him. there is no way he is going to get a sweetheart deal now. so he is probably looking at that b felony staying exactly where it is. frankly, jon, it should. that was an animal listtic attack with a bibby in the back. there is no excuse for that. i heard his lawyer, i think his lawyer said something to the effect, wait a minute, ply guy is only smashing the window with his helmet. he didn't commit any assault. that's bull. he is, probably the most culpable of anybody in that gang. jon: jonna, i'm sorry, esther, there are aren't to my crimes where majority of it is not captured on video. they are not able to prove or know when he actually beat the driver. we know, he is apparently seen

there smashing in the window but does it matter whether he actually beat driver or not? >> well it does. they're going to try to make some gang assault they need to be able to show that he actually assaulted somebody. through his lawyers he is going to take responsibility for the criminal mischief which is the act of beating in the window and breaking the window but what happened after, just because he is unpopular, just because he got a sweetheart deal in the past, doesn't mean the government has the right or state has the right to overreach an overcharge. jon: overreach? >> criminal mischief, i think criminal mischief and driving with suspended license are perfectly appropriate charges for what we saw. gang assault, they will have to show some more to show, a, he actually participated in the attack, and there was any agreement among the bikers to, to harm this driver. jon: all right. >> i don't know that they have the evidence to do that. jon: jonna, i don't know, if i'm inside of an suv with my wife and baby and somebody starts beating on the glass and smashing it with a motorcycle

helmet, that sound a little more like, that sounds more like, that sounds more than criminal mischief to me? >> absolutely. i think it is, of course it is going to be an assault. he was assaults, even if, even if the guy from the helmet didn't physically punch the driver of suv, he had shrapnel, he caused the glass to fly in the face of everybody in that vehicle, including a baby. so if you think 12 people on a jury will say, you know what, i think that was just criminal mischief, we can't really decided to beat the stuffing out of the driver, that is not going to fly, especially in a county like new york. not going to fly. >> well that is what is different between simple assault, which is act of hurting. driver and gang assault which is a whole other level. jon: then there's the guy who apparently started this whole thing by pulling in front of the suv, slowing down, that is what started the whole confrontation. he is also in custody. they are, as far as we know the only two who have been arrested

thus far. there is also this weird footnote, esther, the fact that a couple of off-duty new york city cops were apparently riding with this pack? >> yeah. that is a whole other dimension to this because now, and i believe those officers are under investigation by internal affairs. jon: at least one of them turned in his badge, yes. >> well, you know, there has got to be a limit how much illegal contact you can have while you are acting as an under cover officer. one thing i guess to fake drug buys but it is certainly another to see somebody who is, apparently an innocent, the driver and certainly the wife and child in the car, getting assaulted no matter how you define assault, and not doing anything about it and not calling it in for reenforcements? even if you, to do something that doesn't necessarily blow your cover. there is some problems. jon: just to be clear, there were at least two and perhaps as many as five new york city officers riding with this group. we don't know if they were

riding in an under cover capacity or if they were actually members of one of the motorcycle clubs. you can do that on your off hours. we don't know the answer to that. >> sure. jon: apparently they did not step in to help and they're under investigation for that reason. esther, jonna, thank you both. >> thank you. >> thank you. jenna: u.s. special forces nabbing one of america's most wanted terrorists but what can we learn from the man allegedly behind two deadly embassy bombings? how will he be interrogated? what is happening right now on the ship he is on? we'll speak with a former fbi agent, who knows about this guy. has a bit after personal story. you will want to watch for that. plus more fallout from the "fast & furious" gun-running scandal. why the atf is trying to silence the agent who blew the whistle and who is coming to his aid, next. [ male announcer ] eligible for medicare?

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weather along the east coast. her forecast minutes away. jon: some new information now on the atf agent who blew the whistle on operation fast and furious. the agency is trying to block john dodson from writing a tell-all book on the botched gun-running operation. well, now the aclu is going to bat for him so he can tell his story. william rah jewish necessary live from los angeles with that. so his book, william, is it expected to embarrass the atf? >> reporter: probably yes, jon. but the question is should the federal government have the authority to ban a tell-all book because, and i quote: it would have a negative impact on morale? recall dodson tried to stop fast and furious internally, but the atf ignored him. after border patrol agent brian terry died, dodson went to congress, and because of it, attorney general eric holder was held in contempt. >> it's not a decision to

blow -- it just, to me, it's the next, it's the logical step. we're doing something wrong. somebody needs to stop it. i can't stop it. i've tried. >> reporter: and it's required of any employee, dodson submitted his manuscript to the atf prior to publishing, but the agency said it could deny him, quote, for any reason, underlined "any." their reason, his book would have a negative impact on morale and a detrimental effect on our relationship with the dea and the fbi. >> horrible, horrible response for the agent here, and in the letter that the aclu is filing, when the aclu cites the atf saying for any reason, they can deny him for any reason, what kind of hubris is that? when a whistleblower wants to put on the public record his opinion about what happened? first amendment speech, he should be able to go forward. >> reporter: others have gone

public while still federally employed, but those are generally positive looks at their agency. jon? jon: yeah. so what's dodson going to do now? >> reporter: well, federal codes explicitly say that employees can't make outside income without permission. dodson didn't get it. but the aclu, which is representing him, says that the policy is too broad. rather than provide a specific objection that would allow for a line-by-line redaction, atf policy, quote: grants supervisors the discretion to censor critical speech simply because it annoys or embarrasses the atf. the aclu says it's constitutionally inadequate, and the unarmed truth will come out in january with or without agency permission. jon? jon: that's going to be interesting. william la jeunesse, thank you. jenna: u.s. special forces capturing one of the most-wanted terrorists this weekend, a man

who was wanted from u.s. embassy bombings in africa in 1998. he's currently being held on a u.s. ship in the mediterranean. so how much can we learn from him, what is actually happening now? joining us is one of the men who was a part of a team crucial in identifying him a as a key al-qaeda player and actually discovered the terror-training manual in his former home in england. a former fbi supervisory special agent and chief executive officer. ali, nice to see you again. >> nice to see you. jenna: when did you first hear this man's name? >> i think it was around 1998 after the east africa embassy bombing, and i think the team in new york and thettf did a great job in identifying all those who were involved. and we uncovered during our investigation at the time that he was involved in doing surveillance and casing the embassy in nairobi prior to that

attack. jenna: and as i understand it, he slipped away. but you were in hot pursuit of him. tell us about that and how you came across the terror manual. >> we were able to identify his location in manchester, england, and we sent a team from new york from the fbi to go to manchester. we worked very closely with our british counterparts. they arrested him, and during the search of his house and after they passed a lot of the information that they found in his house to us, we were looking into the documents, and we found what's called now the manchester manual, the terror manual. that manual, actually, was in al libi's house in manchester. jenna: and what did it say? >> it tells how to do terrorist operations, to conduct plots, how to, you know, arrange sleeper cells in different areas, how to fight interrogation and so forth. jenna: and how widespread was that manual? >> i think that manual was

important because it was obtained through a law enforcement channel. it wasn't obtained through any of the intelligence channels, so that's why it was released to the public after 9/11 and a lot of people knew of that manual because of the media. jenna: now, you said he was arrested. >> he was arrested. he was taken to the police station in england. the law before 9/11 was very different than the laws now. the british law at the time indicated that they will interview him, they will ask him if he's a member of a terrorist organization, and if he says, no, they will release him and ask him to stay put until they build a case on him based on the information that recovered from his house. during that time period when they were working on building the case, he escaped, and we believe he went to afghanistan. jenna: and some say also iran over the last several years. he's been hiding out over this time. now he's reemerged. >> true. jenna: tell us, you've sat face to face with some of these bad guys, and you've been an interrogator.

what is happening on this ship at this moment with this man? >> i think you will have a team, combined team of fbi, cia, dod. they are doing an intelligence interrogation. definitely i don't believe they read him any miranda rights at this point. they are trying to get as much intelligence as they can get from him. and after that they will pass him to a criminal team that will start to build, that will start to build the case on him. those individuals will be people who worked him for a long period of time. they know the ins and outs of his case. the case against him is already strong, and i believe after they finish the intelligence part of the operation, they pass it to the law enforcement, and then most probably he will end up in the southern district of new york, and the work will be, you know, handed -- the investigative work will be handed to the fbi. jenna: can you describe a little bit about what it looks like potentially in the ship? most of us just have the movies

as a reference. where is he being held, how is he being held, is he being talked to without being able to sleep? what is it -- how -- take us behind the scenes and just describe what is happening. >> i think it's speculation. i don't believe that he is, you know, being deprived of sleep. i don't believe that there's any enhanced interrogation techniques that's applied to him. i think the team, the interagency team that's involved in these interrogations is very professional. they know exactly how to, you know, how to ask questions and how to use information and the intelligence that they have against the target, and i think, you know, it will be a little bit in so many different ways boring. [laughter] just going through the details trying to convince him to cooperate. jenna: it's hard for us to imagine it being boring. i've got to run, but with i have to ask you this quick final question. because it happened in libya, in tripoli, when we think of libya now, we think about benghazi. because this guy had the terror

manual for attacking embassies, do you think there's any connection between him and what happened in benghazi at our embassy there? >> i'm sure if there's any, the interrogation team will be able to get it, and i'm sure the intelligence community know a lot about the individual. remember, it's because of their efforts we were able to identify him in benghazi and apprehend him. at this point there's no indication there's any link between him and benghazi. he was involved in the 1998 embassy bombing in nairobi, but if there's any, i am sure the intelligence community will be able to get it. jenna: i should say the consulate in benghazi. it's great to see you, ali. thank you. jon: good news they got that guy. a possible medical breakthrough in treating a very contagious virus. what it is and why researchers are so encouraged. dr. patti joins us with that. also, extreme weather pounding the country. a live report on what may be coming your way, especially if you live in those northeastern

states, still ahead.

jon: well, scientists might be gaining the upper hand in their fight against a very contagious virus. a new study finds that a vaccine against norovirus is proving effective on the most common strains. each year norovirus sickens about 21 million people, and it can be deadly, causing 800 deaths mostly among young children as well as the elderly. norovirus outbreaks can occur throughout the year, but more than 80% occur from november to april. let's talk about it with dr. dr. ernest patti, i imagine you've seen a few norovirus cases in your career. >> thanks, jon, for having me. yes, definitely, i've definitely seen my share of cases. jon: and it's a stomach bug. it causes inflammation. you come in, you've got sort of flu-like symptoms and diarrhea,

right? >> it's the most common cause of acute gastroenteritis, and it causes discomfort, vomiting and diarrhea, yes, and it's really debilitating. you don't want to leave the proximity to the bathroom when you have this. jon: so a pharmaceutical company has come up with what looks like a promising vaccine. it's not ready for market yet, but it looks good. tell us about it. >> no. well, the exciting thing it works against the most common strains of norovirus. don't forget, viruses are real elusive characters, and they mutate and have different strains out in the environment. but the vaccine's been very effective against the two most common strains, one of them being the norwalk strain which you might have heard was a common cause of these types of outbreaks on cruise liners in the past. jon yeah. >> and the exciting thing is

it's -- obviously, there's more testing -- but the exciting thing is people who go on cruise ships or areas where they're going to congregate in large populations, military soldiers when they're together, even people in nursing homes and chronic care facilities, that's where the outbreaks are very common. if we could get the ability to vaccinate these people, it'd be real tremendous. jon: i want to read a line from the story that really struck me. vaccinated people were half as likely to suffer symptoms compared with those not vaccinated who swallowed water laced with strains of the virus. so there are some volunteers out there who exposed themselves to this in the name of science. >> that's how we further our scientific pursuits, by having brave people. yes, that's true. jon: well, i hope they got paid a lot of money, because that is not a lot of fun, and it can be deadly. >> 6-800 deaths a year, i think, was what was quoted in the study.

let's hope this works. >> keep your hands clean, too, as well. personal hygiene is of paramount importance. jon: good advice. >> thank you, jon. jon: thank you, doctor. jenna: a string of storms sparking tornado watches from washington, d.c. to new york city. maria molina with an update from the extreme weather center is next on all of this. plus, what was hot during the last government shutdown 17 years ago? a look at what was in the news, what was the latest fashion and what was topping the charts just for a little perspective on the shutdown 17 years ago. ♪ ♪ great. this is the last thing i need.) seriously? let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! i really didn't think this through.

brakes, tires, oil, everything. (whistling)

jon: a fox weather alert now with a tornado watch along the east coast as a line of storms marchs in from the west. maria molina is here, and this looks pretty scary. >> reporter: it does look pretty bad, right? there's a long line of storms across upstate new york always way down into sections of the mid atlantic, and this is the same storm system that's responsible for all of that record snow that we picked up across parts of the northern plains over the last several days and also for that confirmed ef4 tornado in nebraska. so just an incredible storm system that's still on the move, and we do have the potential for severe weather today across parts of vermont, upstate new york ate way down to virginia. so the main threats are damaging winds in excess of 60 miles an hour and also some isolated tornadoes. we do have a tornado watch currently in effect across parts of upstate new york and down into the mid atlantic including washington, d.c., philadelphia, new york city. so some very large cities and population centers included in this tornado watch, and that tornado watch is in effect until

5 p.m. eastern time. and really what that means is that we do have some very warm temperatures, humid conditions that will be helping to fire up those storms that could produce weather. there's a difference between a tornado watch and a tornado warning, and i do want to make that clear because we do have a tornado warning in effect to the southwest of the city of d.c., and what a warning means is that there could currently be a tornado on the ground. so that means we've seen some rotation with some of these thunderstorms, and the tornado could be touching down if it's not on the ground already. you need to seek shelter immediately. this tornado warning does go until noon, and it does include the town of fredericksburg. the storm moving quickly towards the north and east at about 45 miles an hour. jon: a lot of people are going to be feeling the effects. >> reporter: yeah. at the very least very heavy rain, lightning and significant delays. but, again, very serious weather expected out here across parts of the northeast. jon: maria, thank you. jenna: the weather reflects the

mood in washington, d.c. as well. things are a bit different now than they were 17 years ago when we saw a significant shutdown under the clinton administration. back then just for a little context here victoria's secret held its first fashion show that year, jon. no angel wings, but their first show. a jury acquitted o.j. simpson in the murders of nicole brown simpson and ronald goldman. you were watching mtv, x files and the big headline, this happened after the shutdown finished up and we were back to business in d.c., but what else happened 17 years ago? jon: here it is, this is an original vintage t-shirt. fox news channel went on the air. october 7, 1996. today's our 17th birthday. jenna: i think we need to do a reprint of the shirt. jon: don broderick, one of our writers, wrought this in. i used to have one of these. jenna: what happened? jon: well, i wear them to death, and it went away. collector's i.

jon: thank you for making us number one. hey, lawmakers are going nowhere fast as the powerful goth shutdown -- government shutdown enters week two. both sides are standing their ground.

jon: big combromedevelopments op story. jenna: the newest battle raging between capitol hill and the white house and why it could have a bigger financial fallout as you see some raindrops there. also the u.s. nabbing one of the most wanted terrorists in the world. where he is right now, how he will be prosecuted and a monster truck show takes a deadly turn with a driver plowing into the crowd of spectators. all "happening now." jenna: we're in week two of the government shutdown with no deal in sight amid new fears the nation could default on the debt

for the first time in history. great to see you on this monday. jon: and it is our 17th birthday here on fox news channel. welcome to the second hour of "happening now." i'm jon scott. we're live on capitol hill. right now the raindrops are falling and the house is meeting. as the shutdown blame game rages on and both sides dig in on raising the debt ceiling. house speaker john boehner making his position very clear ruling out a house vote to boost the nation's borrowing authority without concessions from president obama. >> my goal is not to have the united states default on their debt. my goal is to have a serious conversation about those things driving the deficit and driving the debt up and the president's refusal to sit down and have a conversation about this is putting our nation into default. jon: treasury secretary says with the threat of imminent default days away, congress is

playing with fire. >> we've just spent the last several months with congress creating this ridiculous choice where either you repeal the affordable care act or you shut down the government or default on the united states. that's not the way to do business. jon: wendall is live with more on all of this. wendall? >> jon, the white house is warning a default could trigger a recession and higher interest rates for years. as we herd, each side is accusing the other of refusing to negotiate but the votes here say the president is not being in transient. he said he's willing to negotiate over spending but he will not negotiate over the nation paying its bills. sanctioning negotiations with someone threatening default is not going to end the risk of default. it is likely to increase the chances that we as a country

eventually default or even perpetually threaten our full faith and credit. >> as we enter the second week of the government shutdown, house speaker john boehner's office released a news report about president clinton meeting with then speaker newt gingrich to try to break an impass over raising the debt ceiling in 1995 and the clinton white house said that it was important they had had that discussion. of course, republicans held a senate at the same time, the senate and the house that would have increased the pressure on mr. clinton to be the chief democratic negotiator. pete are king, a republican, says president obama needs to be more involved in the current talks. >> the president of the united states has an obligation to get involved. he's the head of the democratic party, do a very good job after that but he's also head of the entire country. i can't see any other president standing on the sidelines while this is going on. >> speaker boehner said the votes aren't there in the house.

"the post" released a list of nearly a dozen republicans said they would vote rather than go into default. jenna: the chairman of the senate republican policy committee and a member of the foreign relations committee, nice to have you back on the program. >> thank you. jenna: what is happening in the halls behind you? are you meeting with fellow democrats to try to figure out a solution here? who is talking to who? >> discussions are happening. bipartisan ways. i want to get the country open. i want to stop the shutdown. i voted for that the other night and i think there are others that think the way i do. jenna: i'm hearing a report from the "wall street journal" that senator portman has a plan out there that would keep the government funded for one year in exchange for a look at the tax code and raise the debt ceiling with a comparable deficit reduction. doesn't say anything about the health care law. what do you know about that

plan? does that seem to have legs? >> i haven't heard anything about that plan yet but jenna, the president is now asking for his sixth increase in the debt ceiling in just five years that he's been president. when he was in the senate, he called it unpatriotic. he called it a leadership failure to have to raise the debt ceiling. so the president needs to be engaged. he needs to be in discussions and so often when the debt ceiling is raised, it isn't time for fiscal discipline to talk about maxing out the country's credit cards and need to find ways to get the spending under control. jenna: a column this weekend was about how both sides could win in the shutdown deficit debate and it's been a winning point for republicans to really advocate deficit reduction and that's where the weight, the bulk of the time needs to be spent. do you also agree with that?

and how do you see the republican strategy moving forward over the next several hours and days as we try to figure out how to get the government open for business as you say you want it to be? >> deficit reduction without increasing taxes, that's a key component of this. to make sure we just don't keep going on spending and then just -- the president says just raise taxes on americans to do it. we need to get the spending under control and each time that the president asked to raise the debt ceiling, i think it's a time to discuss the issues, the twin tidal waves coming at us of spending, of social security and medicare and come up with a reasonable solution. the reason that the united states had been downgraded with its credit rating had nothing to do with the raising of the debt ceiling vote. it has to do with the fact we don't have a sustainable plan to deal with our incredible debt. jenna: you're mentioning a lot of big issues, entitlements,

deficit, debt reduction and this is all coming together because of the shutdown and the debt ceiling debate. let's talk about the mission at hand for the g.o.p. what is the goal? in the top priority for you, senator, is it defunding health care? deficit reduction? entitlement reform? what is the ultimate goal for republicans? >> it's a sustainable financial plan for our nation. we have a $17 trillion debt on the backs of our children and our grandchildren. with a debt that large, we need a sustainable plan that for the long term deals with this incredible debt. that's the only way that we can provide the markets with a sense of confidence that we're doing things in a responsible way. jenna: is it necessary for you to have a defunding or delaying part of an agreement between both sides when it comes to health care? is that a must for you that something has to change about

the health care law in all of this, or would you be willing to move ahead on a couple of other things if the health care law is taken way from the negotiations? >> from the day that the president gave the businesses a special deal and delayed for them a year of the mandate, i've been calling for a delay for a year of the individual mandate. i think that the workers ought to be treated the same way. this is a matter of fairness for the american people. i think the american people are right to demand that they be treated fairly, no special deals for members of congress or for businesses that the president has gone outside the law to grant. jenna: we'll see what stays and goes as we continue to march along here. nice to hear there are conversations and maybe some progress happening. thank you so much for joining us. >> thank you. jon: there's a new admission from the feds on obamacare for the first time the government acknowledges it had to fix design and software problems that have stopped folks from

getting online to apply. last week the obama administration blamed the glitches on the surge of web traffic but now the feds are saying the online marketplace needs design changes with the website plagued by coding problems and other technical issues. nearly 90 million people have visited the site but large insurers seen they've only seen enrollment figures totaling in the hundreds. the "wall street journal" has been told it seems to have been built on a sloppy software foundation. well, two dramatic terror raids hours apart overseas with the u.s. capturing a key al qaeda figure but what happens to this guy now? and where and how will he n prosecuted? the former attorney general who presided over one of the most famous terror trials in the country will weigh in next. plus new information about the deadly attack on a shopping mall in kenya. what we just found out about the terrorists behind it.

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with our base auto policy. and if you switch, you could save up to $423. liberty mutual insurance -- responsibility. what's your policy? jon: fox news alert. you're looking at a crane building a condominium high over the streets of midtown manhattan. that crane was lifting a heavy load of concrete this morning when apparently something went wrong and it stalled. they are saying it's not a huge safety issue. it simple ji cannot get the load lifted any higher but they have apparently put some closures on the streets down below to try to make sure that the folks are safe and that there is no further problem. this is, by the way, the same crane that had a problem about a year ago when super storm sandy blew through and snapped part of the structure. same building site, i should say. different crane. we'll let you know how it progresses.

jenna: a big, big story today. fallout from two high profile terror rates overseas with u.s. forces going into somalia and libya. first raid, naviy seals tried but failed to get a senior leader of al-shabaab, the off shoot of al qaeda that claimed responsibility for the deadly mall attack in kenya. hours later a more successful raid in tripoli with u.s. forces nabbing a key al qaeda figure wanted for the 1998 bombings of our embassies in tanz knneknee tanzania and kenya. he'll be likely brought to new york city for federal prosecution where the blind muslim s he ik was tried and later convicted for his role in the first world trade center bombings. my next guest was the judge that presided over that case. he was also the attorney general under president bush and he joins us now. general, nice to have you with

us. >> nice to be here. jenna: let's just take it step by step. right now secretary kerry said this is legal and appropriate, what's happening to him. how, under laws are we operating here? >> he's in custody. i think the united states has said he's in custody under the laws of war which means he's an unlawful combatant. the united states can hold him and whether he was in custody under the laws of war or whether he was in the hands of the civilian law enforcement side, so long as any questioning of him is sealed off from the prosecution and is conducted only for intelligence gathering, then he can be questioned without giving him miranda rights. jenna: because we expect him to be brought to new york, we don't know if that's the kcase, anything that happens on that ship doesn't make it into court. >> correct and no leads from that make it into court. they have to seal it off and law

enforcement does this all the time. intelligence gatherers do it all the time so this is not an unusual or difficult thing to do. jenna: what about the time line on the ship? how long can they do this? when does it start impacting potentially the case against this individual? >> well, they can do it in my view for as long as they want and as long as they find it useful. they say they're going to do it for a matter of weeks. now, i don't know whether you can exploit a source like that in a matter of weeks even if he is, in fact, be cooperative and i think it's open to question whether he would be cooperative or not. even if he's cooperating when you gather intelligence, you have to take down what he says, double back, check it out, maybe ask him other things and it's tough to do in a matter of weeks. jenna: senator graham came out with a statement. he's also in the navy as part of the reserves and says this. u.s. navy ships were never intended to be confinement and interrogation facilities in the war on terror.

ships will greatly compromise our right to gather intelligence from wanted terrorists. what do you think about that? jo i don't know that it's going to compromise our ability. the question is who you can get aboard the vessel, whether the high value interrogation team that was supposed to have been set up in the f.b.i., it's an interrogation group from the f.b.i., c.i.a., some from the department of defense, if they got those people aboard ship, and it doesn't matter whether he's aboard ship organ -- or guatanemo bay. a year ago they tried take man who it was at guantanamo bay, was brought to new york and nearly got off. he was acquitted on the murder

charges, hundreds of murder charges that were filed against him and was convicted only of conspiracy to blow up a government building. jenna: based on your experience, and this is a final question, a more personal one for you over the case of the blind shiek, what do you think of this? what differences do you want this time around? >> i think obviously the judge who has the case, if it's the same judge that had the earlier one is a highly competent judge, certainly highly experienced and those are tough trials. they have to keep the jury anonymous. they're going to have to protect both the judge and the prosecutors. it's an expense ji, difficult thing to do. but it can be done. it's been done before. jenna: pleasure to have you on the program. thank you so much. >> good to be here. jon: some new information now on the deadly attack on a mall in nairobi, kenya. kenyan police say four to six terrorists held off government troops there for days.

initial estimates put the number at 10 to 15. you can see the suspects here in this newly released surveillance video. four have been named in the massacre. al-shabaab claims responsibility for the attack. it left 61 civilians and six members of the security forces dead. jenna: our other big story, the government shutdown and a possible default now driving a wedge between republicans and democrats. peter joins us with a look at what the showdown could mean for hillary clinton and her possible presidential run as we take a look ahead not just the next few days and weeks but months as well. charges could soon be filed in a monster truck accident in mechanics cope. the latest on the investigation surrounding the driver. when you have diabetes like i do, you want a way to help minimize blood sugar spikes. support heart health. and your immune system. now there's new glucerna advance

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jenna: monster truck driver could face manslaughter charges in mexico. you can see the truck slamming into the crowd in just a moment. you'll see it go right through the spectators. at least eight people were killed. here is more for us now. >> this took place on saturday in mexico and it happened during the middle of the day where a number of families and kids were standing around there watching this monster truck when everything went wrong. the truck barrelled into a crowd of about 100 people. eight people died, four kids. in all 79 people were hurt and authorities say today that alcohol was actually on the driver's breath but they're not releasing his blood alcohol content.

he's been detained on suspicion of manslaughter and some witnesses who witness this entire thing say it looked like the driver hit its head when he was jumping those cars. they say his helmet threw off, though authorities are trying to figure out if that played into that crash. they're also looking at possible safety violations at the show. the same time authorities are trying to figure out exactly why two men fire bombed a monster truck in the area yesterday trying to figure out if that's retaliation and the governor has declared three days of mourning while everybody tries to recover from this tragedy. jenna: what a horrible case, will. thank you. jon: some new perspective on a potential bump in the road for hillary clinton and her political future. with the government shutdown and a possible default on our debt looming, we're hearing about the friction in the republican party between the newer tea party contingent and long-term leadership but peter points out in a piece on fox news.com for

all the notice of current disunity, the divide on the left is just as real and will be especially tricky for hillary clinton to navigate as she positions herself for a presumed 2015 presidential run. peter joins us now. presumed font runner in 2016, hillary clinton is, but we've seen this movie before. >> we all remember 2008, the last time hillary was the sure thing nominee for the democratic nomination and what happened then was she was overcome by an insurgency from the left, at the time the energy in the liberal wing of the democratic party came from the anti-war left, it lends itself to obabarack obama. he seized upon it and got the nomination and hillary became his secretary of state. i think she faces the same sort

of insurgency in 2016 if she chooses to run. jon: you suggest that larry summers, that he is perhaps symptomatic of the problem she faces because he's tight with her husband, the former president, and he's not acceptable to the liberal wing of the democratic party. >> that's right. i think larry summers did hillary clinton a great favor by withdrawing his nomination. the clinton democrats starting with bill basically came to an accommodation with wall street many years ago. it was not so crudely formed as this perhaps but basically, listen. you all give us dough and we'll accommodate you in terms of the regulatory regime and we have seen that wall street and big finance has been a great source of money for the democratic party since then and hillary clinton would presumably have

lefted -- benefitted from that. many things have changed since bill clinton's time and even since hillary's last run and that mostly reflects the occupy movement and, of course, the catastrophe of the 2008 financial collapse. the energy in the democratic party now is all from the populist left. what they insist upon is someone who will take on wall street and that is not exactly the clinton model. jon: witness occupy wall street as an example of that. you're saying she's going to have to decide whether she appeals to the liberal wing of the democratic party or plays it more like her husband did. he's the guy who signed welfare reform into law, the era of big government is over. that's not the kind of democrat we have in the office right now. >> that's precisely the trick for hillary clinton.

bill clinton succeeded after the party had been years in the wilderness because he figured out a way for democrats to win the general election. the middle way, the third way. whatever you want to call it, it was how can the democratic party pose itself as a party that can win the heart of america? the democratic party is now veering leftward in a way that if hillary clinton follows, she may well guarantee herself the democratic nomination but she's going to have a much, much tougher time as a general election candidate. jon: interesting election to watch. thank you. jenna: some of the nation's biggest cases on the docket as the supreme court begins a new term today. we'll take a look at some of the most controversial issues facing them this time around. is the mainstream media singling out republicans in the government shutdown stale mate? why the media g.o.p. blame game

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also the morning after bill known as plan b. >> it is a busy docket full of hot topics this term. abortion, religious freedom, campaign finance and much more. one of the most contentious issues centers on executive power and the president's decision to make appointments to the national labor relations board without going through the senate. were those legitimate recessapp executive overreach? >> go into adjournment, congress goes into recess but the president is always on the job and so the founders gave the president the authority to appoint certain executive officers to important positions when the senate was not available to provide their advice and consent. >> the court's job is to keep the government in check when it's trying to go around the constitution and what happened here was an end run around the process. the president didn't want to worry about the senate

confirmation. you can only make recess appointments when the senate is in recess. >> several of the justices attended the red mass held the sunday before the term where prayers are offered for wisdom and judgment and yesterday the certainly mon had admonishment about the partisan bickering going on in d.c. that's something the justices try to stay out of but one of the hottest issues the court may hear this term is one they haven't agreed to hear yet. it requires most employers to provide employees with access to health insurance that covers no cost to contraception in all its forms. being business owners argue that would force them to violate their religious beliefs. we could know within a matter of days whether the justices vote to take up that issue. jenna: we'll look for that. thank you. jon: meanwhile, as the government shutdown goes into the seventh day, main streel media coverage has people remembering the last shut down in 1995 and 1995.

back then bob schieffer led the cbs evening news like this. well, they've done it again, he said. nine days from christmas, republicans have forced another partial shutdown of the government because they can't come in agreement with the white house how to balance the budget. fast forward now to 2013. brian williams decided to ignore the fact that harry reid rejected a bill to keep the funding for cancer research, instead focussing how it's preventing funding for the national institute of health. let's talk about it with allen combes. jim is the contributing editor and writer for the american conservative may go zone. jim, is it deja vu all over again in your view? >> i think it's different this time. back then, as there was basically one narrative which was the hard copy, "the washington post" narrative of the crazy newt gingrich and his

crazy republicans versus poor bill clinton. now "the washington post" is still the same. they run two or three news articles every day how the republicans are crumbling and then they add two or three op ads every day saying the same thing. however, there's a new media now. one is live blogging all this stuff and covering things like the fact that according to mike flynn, the national park services is trying to close down oceans. ocean parks now, they're barring people from sailing their boats through national public waters. they're taking extra effort. normally just set sail along anywhere you want but now they're saying we shut this down. that's a new factoid, one of many that the insurgent, non traditional media are bringing to people's attention. jon: traditionally the president has had the bigger megaphone. is jim right? are there other media giving voice to opposition? >> there are places that lean

right. but let's face it. constitutionally it's up to the house of representatives to decide on funding and there's a great story in the "new york times" on sunday that really laid out how the koch brothers have been funding a planned month's long planning of shutting down the government, holding the government hostage, defunding obamacare with the help of the heritage foundation, this is something they planned to do. this was engineered and planned by conservatives. this is not the obama shutdown. this is the conservative republican shutdown. jon: when the president says i will not negotiate -- >> negotiate what? a bill that's already been passed? a bill that's been affirmed by the supreme court? what we do legislatively in this country is if you don't like a bill, you go through a legislative process to change it. you don't hold the government hoes jam and shut down the entire government for the sake of trying to renegotiate a bill that's already passed muster. jon: i suspect you have a

thought on that. >> i do. ted cruz is on one of the most shows yesterday pointing out since 1978, there have been 55 budget ceiling increases, 55 and of those, more than half had legislation passed. more than half of the 55 have had exactly what the republicans have been doing this time around and look. meanwhile, the context, we can't i go for -- ignore it, there's a piece about how people in california are paying between $2,000 and $10,000 for their health care coverage. just went up by that much. that's a shock to the system that i think, again, gives the republicans a lot of hope that even if they don't succeed in derailing obamacare in 2013, and i don't think that meeting that allen alludes to thought they would kill it in 2013. it's laying down a marker for 2014 and 2016 which, of course, the mainstream media is

oblivious to. news busters pointed out defaming ted cruz's patriotism. >> they're always going to lean right. we know that to be true. the hill had a great piece about how boehner and reid actually had to deal to have a clean, continuing resolution bill that negotiated dollars and everything and boehner could not bring -- he reneged on the bill because he couldn't get the far right wing of his republican caucus to agree. there was a deal to move forward and boehner could not make it happen. jon: around both sides moss -- posturing now? president obama just went to fema, many employees that were furloughed. jon: you don't buy the equivalency argument. in this case as i mentioned before, front page "new york times" story, it's so much of a

liberal rag, but the facts speak for themselves. this was a planned effort by republicans, the heritage foundation, with the funding of the koch brothers that they planned for months to hold the government hostage to redoing a bill already passed. >> both sides have been planning this for a long time. the "wall street journal" had a piece on friday saying -- quoting an obama administration official saying we don't care when it ends. we think we're winning. maybe they are. maybe they're not. as ted cruz pointed out yesterday, it's more often than not through the last 40 years of u.s. budget history, people have done exactly what the republicans are trying to do. >> if you want ted cruz to be your north star, got luck. jon: we hope they get it resolved one of these days. thank you. jenna: the president just turned to reporters speaking to the media during that fema visit and said to call a vote right now on a clean bill to fund the government and see what happens.

jon: i don't think that's going to happen. jenna: there's the president. that's the news. other news as well. have you heard the story about the 9-year-old boy who just happened to hop on a flight to las vegas, got through secretary and everything else? how can that happen? a huge secure oversight at a major u.s. airport. and try to explain some of those details. also dozens of dead in a new wave of violence in egypt. the latest on the growing unrest coming up in a live report.

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jenna: although least two people have been killed in an explosion at security headquarters. this comes just one day after dozens of killed in clashes between police and supporters of the ousted president morsi. here is more on this.

conner? >> jenna, a wave of violence tearing across egypt today and really the past few days, the country is divided and it's growing increasingly more violent. moments after that car bomb in the sinai exploded outside the security headquarters, gunmen opened up in cairo killing six egyptian solderiers -- soldiers today. they mark the anniversary of the war turned bloody and violent. at the heart of this weekend's violence, though, is the ongoing conflict between the muslim brotherhood and supporters of the military backed egyptian government, the current regime came to power this summer after the egyptian military launched a coup against former president morsi in early july. since then the military has arrested and killed hundreds of muslim brotherhood supporters, in response islamic militant as tacked police and egyptian army

and even government officials, really across the country. this has gone on for weeks now, months. egypt is supposed to have a new round of elections in the coming weeks and supposed to have a new constitution but really, neither side right now seems willing to sort of give in and negotiate. both sides are digging in, bliming the other side and egypt is left with a violent society that its economy is getting worse and worse and there are really very few prospects for sort of any type of negotiations that would lead to sort of a peaceful negotiation and a peaceful resolution to the ongoing conflict there. jenna: it's a story we must watch. thank you. jon: a very sneaky 9-year-old boy manages to bypass security in minneapolis-st. paul. he hops on to a flit to las vegas, doesn't have a ticket. the delta flight crew became suspicious of his travelling circumstances and called las vegas police who took the boy in

custody after the plane landed. minnesota ticket agents were shocked by what happened. >> smart kid. channel this energy correctly and he's got a heck of a future ahead of him. >> everyone is really focused what that means from a security standpoint but what does that say about us collectively as a society that a child is just running around and people aren't paying attention? jon: well, a spokesman for delta airlines says the incident is under investigation. jenna: we don't know what he said, how he got around the security. we have no idea. jon: maybe he had an honest face. jenna: there seems to be more to the story yet uncovered. it's one of the most dangerous jobs in any war zone, transporting fuel to the battlefield. you're a big target, terrorists go after the convoys and now a new system can save lives. how it works and who created it coming up. tornado watch in effect for a big part of the country.

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jon: rain is coming outside our studios. a couple of young army officers leading troops in iraq saw one of the most dangerous jobs facing any soldier was transporting fuel. so after leaving the army, they've come up with a new system that not only saves lives, they believe, but will conserve energy as well. joining me is dan rice, the president of sun dial smart power. he was an infantry captain in

iraq and while you were there, dan, you found out very close, very personal what an i.e.d. is all about. >> good afternoon. god to see you and thanks for having me and happy birthday to fox news. jon: thank you. it's our 17th. >> yes. well, interact, myself and others were exposed to ied's, improvised explosive devices used by the enemy to attack fuel convoys and based on that experience that we had there, myself and a couple of other west moore graduates formed this company. the idea was an entrepreneur who decided to put together a solar hybrid system that was solar, batteries and a diesel generator to reduce fuel at bases. keith tucker is an impressive investor who saw this as a game changing technology and we spent four years now deploying the systems to afghanistan and it is

a proven technology that can significantly reduce fuel. we have proven to reduce fuel on forward operating bases by 65% and which reduces the fuel burden tremendously, the logistical burden of convoys and security and then troops to support the security. jon: we had the video up of what has happened to so many of the convoys in iraq and afghanistan and elsewhere, many times they are sitting ducks and if you hit one even with small arms fire, you get something like this. so napoleon said an army runs on its stomach or he's credited with saying that. these days an army runs on petroleum, basically. and you're taking a lot of the petroleum out of the equation. >> that's correct. a 20 foot container can reduce 11,400 gallons on a forward operating bases. it takes seven gallons to deliver one to the forward operating base. by deploying one to a forward

operating system, we can reduce 90,000 gallons of fuel. so we've been working on this since 2009. we're the only large scale mobile solar system to ever go through u.s. army testing and be approved to be delivered to the field and we are now ready to go to scale. we've been ready to go to scale for about a year now. i think the big change is we need to have public awareness, we need to have congress, we need to have the military aware that we can reduce fuel now reliably and the d.o. dchl's only internal reports is that it pays for itself in no time. jenna: the army going green, you might say. we just passed the 20-year mark since the black hawk down and one of the principles in your firm was involved there. >> that's correct. the colonel was special operations and he led the rescue to crash site one, was awarded the silver start and purple heart and i would like to recognize he and his troops today. jon: good for them. all right, dan rice, we wish you

well. jenna: brave little boy with a brain tumor became a national hero when he ran for a 69 yard touchdown during nebraska's spring game. now a major medical update on little jack hoffman. you can't call him later. look at him run, right? jon: he's a bruiser. [ susan ] ...as though he had never left.

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at the time of making the run and the months after. but now his family has good news. his father saying after more than a year of treatment, the brain tumor has shrunk and is stable. he says jack will need miles an hours every three months but his son's prognosis is, quote, the best possible scenario. that's fantastic news for the family. jack -- andy told me on the phone jack is pumped about the news. he can go back to being a little boy. doesn't have to worry about chemotherapy on a regular basis. his family earned more than a

million dollars for pediatric brain cancer through teamjackfoundation.org. >> and he'll ent er the 2016 nfl draft. >> america's news headquarters starts now. >> thank you, guys. 1:00 in washington, d.c. day seven of the shutdown drags on. nobody is talking, at least face to face. we can talk. how was your weekend? >> decent. played some golf. >> more on that later. >> as far as negotiations go, congress has shut down, but at least the name calling and finger pointing are still going strong. >> he's not a dictator, a despot. he has to deal with congress. if he's willing to negotiate, that's great. i would like to see where he's willing to negotiate. >> we are happy to negotiate. we want to negotiate without a gun to