come back. >> how about tomorrow? >> you said more stuff today. that will do it for outnumbered. happening now give me eight seconds to john and jenna. >> we begin with a fox news alert on three stories we are watching. who will head up the select congressional committee investigating the benghazi attacks and a new poll giving republicans an edge in the midterm election. we'll have a fair and balanced look. oscar pistorias murder trials resumes after a two week break. one person said there is no way the lite lot could have deliberately killed his girlfriend. also the fox news alert. the republicans stepping up the pressure on the white house for the answers on benghazi. welcome to a new hour of

happening now. i am john cot. >> i am jenna lee. house speaker john boehner will announce who will chair the new committee that will investigate on what happened the night four americans were killed and how the government and long with the cia handled the fallout. we are learning more about the e-mails from the state department. >> reporter: new information that we receiving right now. congressman gamy will head. >> and the judicial watch and e-mail released to the house government oversight committee. they are from september 14th, 2012, and part of the e-mails

before susan rice's appearances. >> you can so in the upper left parties on the e-mail chain are identified and on right they are redakted to the ones sent to the oversight committee. it was a retroactive e-mail. law makers say there must be a full accounting. >> we have to fiend out if it was a part of the cover up. something classified later that was not classified in the first place and you would be taking names out and we couldn't see the full connection of who was contacted and why? >> we expect new questions in the white house briefing. the white house spokesman insisted that the administration is forth coming. >> we have again, in the rather unprecedented way provided documents that normally white

house and administration's would not provide because they were mischaracterized. >> and the critical question is whether they have provided all of the documents to congress and why it was that unclassified e-mails were retroactively reclassified by the state department and one was provided to capitol hill, new classification is different on the e-mail that was released by the federal court. it does require more explanation and on trey gowdy been the head of the select committee, he was discussed as a likely choice because of his background as a federal prosecutor and someone who is adept and familiar with running high level investigations. >> that is big news about him. and quickly from this point on,

what is happening next and the time line? >> reporter: the way i understand it, legislation will be introduced and there will have to have a vote. it is not chlor if the original resolution by frank wolf would be the one that the speaker's office put forth. it is a foregone conclusion that republicans will vote to push ahead and pass the legislation. then the logistical questions of getting office space and a staff and then pouring through the interviews that have been done by no less than four committees on the house side and intelligence arms services and foreign affairs and then pull together a narrow list of witnesses that they want to speak to in a lengthy deposition format, as opposed to the q and a that is a focus of the

previous investigation. >> it yanks a lot of the authority from the committee chairman. gowdy is a favorite pause of someone who leads federal investigations in the past. >> that is why the idea of the select committee is bouncing around for sometime. health officials speaking about the first reported case of a mysterious and deadly illness that sickened hundreds in the middle east. the victim came down with mers. how is the victim doing, garrett? >> reporter: the hospital a noupsed that the victim is doing well and continues to improve and could be heading home sometime soon. the details are being worked out. the virus mers as you mentioned

the it has killed a third of those infected in the middle east. it was reported in saudi arabia which is where this latest victim was working in a hospital and likely contracted the virus. >> we are not surprised that mers came to the united states. we know that infectious diseases do not respect boundaries. in this day and aim of global travel and trade infectious diseases can spread anywhere. the cvc expected it to work to the u.s. and spent much of the last two years preparing for it. >> based on the way he travelled back to this country, are there concerns he spread the mers back? >> reporter: yessy he went to london and chicago and bus roadway to down down.

the cvc is contacting the passengers that he may have had close contact with. but the virus is not highly contagious. mers brings on flu- like symptoms and take 14 days to show up. hospital workers in the indiana hospital. they are put in temporary homeoisealation and monitored for the symptoms. and none of them tested positive. the cvc said it is the only case. >> it has a 30 percent fatality rate people are concerned. massive dat breach in target cost the ceo his job. ashley has more. >> reporter: yes. he was the face of the public breach and now the latest and biggest casulty as target tries

to recover its reputation. the nation's third largest retailer was crit otherwised for the slow presponse. the chief information officer retired and greg stein ha a fl is now out. he was under increasing pressure not only because of the hack attack. there are other problems for the retailer and a faultering expansion in california. and some call it a disaster and the on line presence that is falling behind walmart and amazon. store sales are unimpressive. target's product are steal and prices are not as low. they are not saying target as much as they used. it is a black eye on his tenure. the search for a new leader will

be inside and outside of the company. and consider candidates in and out of the retail. the ceo will take over. target's stock is moving lower three percent. >> it will be investigation who attacks the reigns. >> pro russian militants and fox showing ambulances. there is intense gun battles with pro russian insurgent in an ease everyone city. 30 more are injured. and ukraine said the militants are equipped with mortars. and now the combat area may be expand and this government in kiev is deploying an elite national guard unit to regain

control of odessa>> and a woman survived and trapped inside of the wreck for days. it was not highway patrol who found her and how she was rescued. we'll explain. the oscar pistorias murder trial. and a panicked phone call from the blade runner. what does the pistorias defense team need to get back momentum in the case. go to fox news.com/happeningnow. and click on to join the discussion. back with more. are so outta h! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™.

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>> this is america's lekdz head quarters and republicans have the strongest advantage and two decades on a generic ballot. republicans have a four- point lead. this may be significant, two

months ago the democrats had a two point edge and the democrats are struggling with independent voters. let's bring in our panel today edo'keef. ed, why the reversal and what is happening? >> look at the numbers and reasons why. they are concerned about the economy and the general sense that the country is headed in the right direction. one of the things that job point out 800,000 people took themselves out of the job market. and if they had a job they might think differently about the economy and democrats. there is a lot of the concern. you have seen them from last fall when the democrats had a edge and closing of the gap in recent months and republicans, may be pulling away.

that keeps up it is a problem. >> for the democrats. >> ed points out the poll was taken before the job's report. is it a trend moving forward or just a blip that will reverse itself? >> i think that unforesewn big events could change things. this is very troubling on the path now for democrats. before the republican wave, they were tied on this question and back in '94 they were ahead two points and now republicans four point lead. opposition to obama care is all- time high. this comes in the months and weeks following the pr blitz by the obama white house and 8 million people enrolled in a obama care is a huge success. i think they thought that would sway opinions. people are looking for the

reality of the law and everyone knows someone who lost their plan and a premium goes up a thousand dollars. and the obama care in that poll is why they are doing so bad. >> that is a question. whether or not it is the policy that voters are voting on or a personality. >> it is personalitty issue. and interesting by chris stirewal. and this is what cries said. starting tuesday in north carolina, republicans will pick the senate nominees for democrat- held seats, and a process that the party botched in 2010, and even as it gained the largest house majority. and democrats best hope to

limiting them depends on bidder protracted and expensive primary fights. so let's revisit that policy or personality, ed? what is driving the vote here? >> it is it a lot of potential candidates out there. >> and never the short thing after the ballots were counted. we put up a story about what kay haggen is doing in north carolina. she is sending out pointers and pointing out lead potential republican opponent actually said things that he might have liked the elements of the health care law. it is confusing and brought pause to conservatives and there is a concern that he will not get the necessary 3s hold temperature and forced in a expensive run off with two leading chargers that happen in

june. democrats saw it before. it worked for harry redid and clar mckas kill. the republican is forced in a protractive fight and the candidate that doesn't have cross over appeal. >> and john, that is what we saw in 2010. and a refracturing of the republican party and one thought based on the polling. what comparisons do you see in 2010? >> i would say this time around you have a stronger crop of candidates and haven't seen oddball figures in the senate primary so far. and that could change. and that is a big hope for

democrats in a state wide race you are getting state wide media attention and have more than 15 or 20 million to spend. and you will get your message out there and the candidates have historical ties to the state and mark pryer and that is a family name and that is their hope to hold on and eck it out to the end and good will. >> and interesting point. ed, you have a final one? >> i would say there seems to be a better effort made by incumbent republicans to stave off the origin. and mississippi will certainly see how it plays out in iowa and nebraska and oklahoma. where you have tea party inspired run by washington. and john is right, the party

overall has done a better job nominating people like christina odonald. and have big difficulties of appealing to the broader electorate. they are looking at republicans to keep it going. and find candidates with cross over appeal it is good in november. >> we'll see when they are chosen and what personalities we have. >> the house select committee to investigate the benghazi attacks will be headed by trey gowdy. gay carne is normally at the podium and this is one of his understudies talking about energy efficiency. and if they get to the house select committee, we'll take you back there live. >> a gruesome discovery of a man

found in a rv. and now police are trying to figure out what happened. >> and the topic of american's asking you acan join the discussion. dramatic discussion from the oscar pistorias trial. could new testimony help his case? >> he said on the call. please,please, please come to my house. i shot reeva. i thought she was an intruder. please, please come quick. [ female announcer ] there's a gap out there. ♪ that's keeping you apart from the healthcare you deserve. ♪ but if healthcare changes... ♪

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a gruesome discovery in minnesota months after a man was missing. >> reporter: the benefited a 22-year-old was found by a grouch men taking a bachelor body road trip. they rented a vehicle who told them not to open the cargo department because it was open. they did open it and they found the body. kevin is a father of two who went missing months ago. last night they mourned his loss at a vigil. >> nothing hurts worse than when you lose hope. because in my mind i thought we were playing hide and seek and we would find him. we searched the and million volunteers walked right past him. none of us knew. >> kevin had last been seen on

a street without his shoes. none of his belongings were missing and his wallet and cell phone were on top of his shoes. his car was found with an independent tank of gas. his family said kevin struggled with meth addiction and had a lengthy rap sheet. the groom will not say who owns it. but knows that the owner had rent today out to anothers before the bachelor party group. neighbor of oscar pistorias taki taking the witness stand. the neighbor testifying about his actions moments after reeva steenkamp was shot. >> he tried to keep the airway

open for her to breathe. how he begged her to stay with him. how he begged god to keep her alive. i saw the truth that morning. >> let's tune in with heather a trial attorney. the witness we just heard from, he used to work for oscar pistorias. he was an estate manager. it would seem he would have natural predisposition of giving testimony. >> he is the witness that was there, immediately following the incident. as long as he tells the truth. he comes in and tells the judge, this is not the action of a man who wanted somebody dead. i witnessed a man trying to revive reeva and begging her to stay with him.

that it is a far cry from the killer argument. >> i don't know if they have a 911 system in south africa. in this country you are supposed to do that. the fact he call would a neighbor is off. >> i think it is different in south africa because of the police and government corruption. they are less likely to depend. the fact he called three people is unusual there as it would be for here. >> this guy was trying to revive her and trying to keep her airway open. >> i don't know. if i shot my girlfriend by accident. and no matter what kind of rage, i would feel bad. it would seem to me it is natural behavior. >> the critical part of the testimony. when they are in the heat of the

moment and something happens initially. it is like the truth comes out. they had been having a argument, he might have said. she made me so mad but the neighbors is not testifying to that. hoo is crucial for oscar's defense. >> i thought she was an intruder. >> it is a statement in the heat of the moment. and it is a lot of things in the testimony. the dogs were not aggressive and they didn't attack and bark when the intruder was there. and the police up and down the stairs and lends to the idea of messing with the evidence. >> the prosecution did a good job of establishing pistorias as trigger happy and temperamental and him firing his gun at

a watermelon. >> the prosecutor scored points in the beginning, but they have not proven the malicious intent for the murder count. >> oscar can be a jerk in many aspects. but they have not proven a argument. >> have you prosecution and then defense witnesses. >> the defense were not doing too well. oscar on the stand did not do as well as expected and the witnesses got hurt on examination. and 12 to 14 more witnesses we are told to expect, it is going to go on for a while. thankfully there is no jury. >> and heather thank you.

jenna? moments ago you heard republican congressman trey gowdy will lead the investigation on benghazi. there is a e-mail and we'll bring updates as the white house weighs in on the issue at all. >> and terminally ill patients searching for hope. new legislation helping them fight for life. >> thousands of americans are dying when there are life- saving drugs that they could be taking. [ male announcer ] legalzoom has helped start over 1 million businesses.

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>> right now the scandal that seems to it be developing and spreading. the facility in colorado falsified employment records in order to show veterans were seeing doctors earlier than they were. jennifer is got more on that. >> the latest scandal involves a fort collins colorado, va outpatient clinic. and where veterans waited months. and according to the medical inspector, they were falsifying appointment records to make it seem like they are in the 14 days. and the report found that clerks in the fort collins va clinic

were taught how to cook the books. a va doctor in arizona said that 40 veterans died after treatment delays. how va staff manipulated records. it was also happening in colorado. the va overseas 100 medical appointments. and a spokesman said there was no intentional violation. the va promised training and audits to make sure it doesn't happen again. there is no indication that health outcomes were affected. they was no intentional violation of the policy on the part of the managers or schedulers.

but the law states that if a va is not available to see a vet van. that veteran is go to a private drchlt there is no explanation why they are not advising the veterans of their rights. >> there is a shooting in a va medical center? dayton, ohio. what can you tell us. >> reporter: we reached out to officials in daytop, and understand there was an active shooter and one person was injured. that incident is over at this point and one person is injured in day ton ohio. >> nowan an emotional story. law makers are pushing legislation that would give patients the right to on get experimental drugs before being

approved by the fda. >> jenna, terminally ill patients have a right to die and also a right to live and promising drugs that are yet to receive full fda approval. >> people die from not being able to access the strategies. i don't want to be one of them. >> she is doing sadly. >> reporter: they want a live to give terminally ill patients to use experimental drugs. max got into a clinical trial and got healthy and austin did not. >> we know with 100 percent certainty he will die. every day thousands of americans are dying when there is life saving drugs they could take.

>> reporter: it takes ten years for the fda to get the krugs. only three percent get the trials. >> the amount of effort is far too much in this time when you want to slow things down and just enjoy being together. >> reporter: millions of patients want access to the drugs. the current federal law will not allow it. >> all this bill does is to allow the medications to be available. >> reporter: some doctors think it is a bad idea. >> you don't know it is better that nothing and will not reduce the life expectancy rather than increase your life expectancy. >> opponents worry it will not work for them. they argue some hope is more

than none which is what they have. >> william, thank you. they are supposed to be entertaining and educational. there is concern that touch screen devices could be hurting your child's development on the language skill. cúp,@s#bóqoqú

>> coming up on the real story today. should president obama release his intelligence briefings. we'll get to the bottom of the story. we askedandy card former white house chief of staff under president bush. and the second whistle blower in the arizona scandal recommended shutting doubt the er. she will tell us why. and outrage. air traffic control in faulty crashes now back at this jobs.

smart phones and iptouch scs child's development and keeping them occupied. but these devices don't have any known benefits. they could be causing less good. and so what they say it does, dr. manny slow the child's verbal development. how significant is that. >> we keep saying that technology. and everybody is relying on all of the smart sayings to keep the baby preoccupied. they need interaction and the particular study they found. they expose children on average, 11 months or so to a smart phone, what they do they touch but theopes and they delays the language skills. and so kids from 0 to 3. when you expose them to this

stupid thing and hanging out and pushing buttons and look at flash of colors on the device, you are hurting them by not developing the language. >> some parents say it is a educational and have you seen them use the ipad they are a whiz. you say no? >> no, that is basically touching buttons and we learned so much. even using data and looking at older people. it is it a fact that humans need to interact. and they need to speak to each other and feel each other and need to hear sounds and correlate feelings with sounds and that makes the brain work. the computer makes you dumb and if you introduce it you hurt your children. >> what about giving your kids an edge? >> they want to start with

technology and they will be better at school. you shake head no? >> no. it is not becoming super nova. these devices are dummy proof. and touch a button and things come up. >> your kid is not really that smart? >> and when they get older they need algebra and chemistry. and then apply it. >> and in one of the surveys done on parents using the devices for their kids, the parents reporting how long they were letting the children use it. 11- 30 minutes. as an average. is there a safe amount? i am thinking back to my childhood, my parents let us watch sesame street but not television. it was educational value. and so could a small amount be

okay. >> of course, any small thing that didn't become a habit is fine. look at criticism. how many stories on fox news talking about the, how much television people watch? hours on end. and especially children. and they sit them down. and that is the problem, you can't replace human interaction. >> the kids are watching fox news. >> it is listening for people to engage with a high degree of feelings. >> thank you very much. great to see you as always. >> fox news alert. >> reaction from jay carney in the white house regarding the select committee set up to investigate the benghazi. >> they have found the facts we described them in term was how

we approach them, remain as we described them then. facts yesterday will be the facts no matter how long republicans engage in the efforts to politicalicize a tragedy. a tragedy that led to the deaths of four americans and brave americans serving overseas representing the united states. the day one, the president is committing to finding out what is wrong and security was inadequate and pursuring those responsible for the death of americans and bringing them to justice. the effort will not cease. the effort to take action and make changes because of what we saw in benghazi with the security of our diplomats and facilities is embodied in the immediate response that the administration took once the accountability review board sent out.

it was unsparring in the problems that existed. >> can you hear jay carney's take. if you would like to listen to his remarks from the brady briefing room, they are streaming for you live on fox news.com. >> right now, a colorado, woman lucky to be alive after being trapped in her car for days. >> a woman arguing a woman insane at the time while murdering the kids. >> at that point, she takes her gun. bam. shoots her son a second time in the face area and on the upper lip. the mouth that was disrespecting her as well. and the sassy mouth as she called it. (announcer) scottrade knows our clients trade

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right now a colorado woman is lucky to be alive after spending days trapped in the wreckage of her car. investigators say she drove off an embankment on tuesday rolling the vehicle several times. she was reported missing soon after that. hikers found the car about 140 feet off the highway yesterday and called police because they thought someone might be inside. the woman was indeed inside that car. she was still alive and airlifted to a nearby hospital in critical condition. >> wow. very lucky. opening statements have begun in a high-profile murder trial. a florida mother accused of killing her two teenage children while her husband, a former army colonel, was deployed overseas. patty ann brown has nor from our

new york newsroom. >> that's right. 53-year-old tampa mom julie shediker bought a gun five days before killing had her two days. she was "planning on a saturday massacre" but had to sit out the waiting period. two days after picking up the gun she shot her daughter as she worked on her computer after shooting her 13-year-old son, bo. >> they're driving down the road and she pulls out the gun and bo sei sees the gun and she knows it frightens bo. she basically tells her, put that away. she's driving. bo is to her right. she points it at his head, bang. she shoots him. >> prosecutors said today during opening statements that she later wrote in her journal, "i offed bo on the way to practice." the defense says the defendant is not guilty due to insanity

but prosecutors say julie ignored pleas from her husband to get help for her mental illness. the colonel was deployed overseas at the time of the killings. he has since divorced his wife. if convicted of first degree murder, she faces life in prison. three weeks of this trial. it is going to be tough for jurors. >> you feel so sorry for that colonel. man. thank you. it was a night to remember. coming up, the olympic star who made one team's dream come true when he showed up as her prom date. sfx: car unlock beep. vo: david's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

honestly, the off-season isn't i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list, which has been absolutely absurd since the big game. with skype, it's just really easy to stay in touch with the kids i work with. alright, russell you are good to go! alright, fellas. alright, russ. back to work! you don't like these scary airplane stories so you make me read them. there was a scary moment for some travelers 17,000 feet in the heavy. a us airways plane hitting

turbulence shortly after taking off from philadelphia. five passengers and two crew members hurt. one passenger said the spot where a flight attendant hit her head made a dent on the plane's interior. >> a us airways spokesperson says the pilot made the decision to turn back and landed the plane safely. the faa is investigating. i was up flying yesterday. it was actually a very bumpy day. but i wasn't 17,000 feet up. one teen gets the surprise of a lifetime on prom night. carly was in shock to see her celebrity dream date, two-time olympic gold medalist shaun white showed up at her prom.

what happened to carly's date? >> did you have to ditch your date? >> well, i mean a little bit. but trust me, he didn't mind. he was like, god, shaun like stole my prom date. >> how would you feel if you were that guy that was taking her to prom? >> i'd want shaun white to give me my money back. he's quite wealthy. thanks for joining us. "the real story" with gretchen starts now. house republicans taking another step toward a special panel now to investigate benghazi. but democrats calling the whole thing a big waste of time. hi, everyone. i'm gretchen carlson. welcome to "the real story." white house press secretary jay carney at the podium right now addressing benghazi, again, and the select committee to look into benghazi. and now, as has been widely expected, john boehner trapping trey gowdy to chair the select committee. the panel is tasked with uncovering the role the white house, state