we'll see you back here tomorrow. no stops before then. we'll be back here tomorrow. bye, everybody. have a great day. jon: fox news alert and brand new information on the benghazi investigation, raising some serious questions about the white house response to that terror attack that claimed the lives of four brave americans. good morning to you, i'm jon scott. >> hi, everybody, i'm jenna lee. great to see you today. fox news is learning about a seven-page white house. mail circulated at highest levels of the administration, apparently to craft a media strategy in response to a fox news report, alleging that the u.s. fishes knew the attack on the consulate was terrorism within the first 24 hours. this email is being held by the state department, citing executive privilege. all this as republican congressman trey gowdy is laying out how he will lead a house select committee, tasked to getting to the bottom of what the white house knew and when among other things. chief intelligence correspondent catherine herridge is live in washington with the very latest.

catherine. >> reporter: thank you, jenna. good morning. the new chairman of house select committee on benghazi, the state department investigation known as accountability review board was deficient and not the final word on the terrorist attack because he said the co-chair's former ambassador, thomas pickering and retired admiral mike mullen did not interview the principle witness, then secretary of state hillary clinton. the new chairman telling fox news this morning that it was a mistake the house investigation will not repeat. >> how can you run an investigation without talking to the person in charge? so the manner in which we talked to her, i can't tell you this morning. i can tell you this. anyone who has evidence or information is going to be talked to. >> reporter: fox news is learning new information about that seven-page e-mail that is being withheld by the state department citing executive branch deliberations. it is a fox news story from september 27th, 2012, that concluded the intelligence community knew benghazi was

terrorism within 24 hours. on that email chain based on publicly available documents is the then stepty national security advisor -- deputy national security advisor, dennis mack done now. not tom donilon you see right there. john brennan who is now the cia director and ben rhodes, principle aide to the president and head of his strategic communications. >> so this report from fox news would run counter to what the obama administration was attempting to put out there as their position and there was a contrarian news report that didn't align with their position and they were clearly reacting to it in a way that would help reinforce their position. >> reporter: we do not know what is in that seven-page email exchange other than it did go to very senior levels of it administration. worth noting about the documents that were released as a result

of that court order some of the ring daca shuns do not have the notations that you often see on the side of these foia documents. that is important because the state department is legally required to explain what the exemption is for blacking out that information and in a number of these emails that exemption is not stated. jenna. jenna: interesting, catherine, thank you. >> reporter: you're welcome. jon: with more on this, joining us now south carolina republican senator lindsey graham. senator, you have been calling for a look into the emails. while the whole benghazi experience for a long time now it appears to be underway. give us your reaction. >> i'm very pleased. i think the past process while very sincere has been disjointed. you had three separate committees looking at different parts of benghazi not sharing information with each other. sort of a stovepiping approach. a select committee will allow the same group of people to hear

from witnesses from the department of state, department of defense, and the cia and now the white house in a coherent fashion. so this new process will give us the best chance of getting to the truth and trey gowdy is an excellent choice. jon: we talk about a lot of emails and it sometimes becomes confusing in part because the emails are either not released or are being redacted in such a way that you can't really tell what they're about but i want to speak specific about the one catherine was just mentioning, a seven-page, an email regarding fox news reporting dated september 2th. the white house is apparently withholding that saying that it involves executive branch deliberations. do they, in your view, have the grounds to do so? >> i really don't know but i do know this. if it were not for an independent judiciary, the 14 september email that judicial watch was provide to the country through a court action last week would not have surfaced.

and that email was devastating for the white house because it showed they were trying to shape susan rice's sunday tv appearances to drive the narrative it was a protest caused by a video. we done all we could to secure the compound before the attack and the president was hands on and we're going to go after the killers, clearly trying to shape the in different what was coming from libya. as to this new email, all i can say there is continuing pattern of deception, delay, stonewalling and we'll see where this goes. jon: i want to go back to something that catherine herridge wrote in her report on foxnews.com specifically regarding those september 14th emails. there seems to be some interesting classification i guess going on. catherine writes that the emails originally marked unclassified, were retroactively classified in february by the department of state. she goes on to say that the

email released to judicial watch is now marked secret. the same email released to oversight committee to the house is marked confidential. both are said not to be declassified for another 25 years. what is the reason for retroactively classifying those as secret? >> they have been playing a game of catch-up. they start a storyline right after the attack six days, five days after the attack that is politically ben firm to the president but it is collapsing. as we get close to the truth and evidence to show they were manipulating facts on the ground for political purposes they are trying to conceal it. by classifying this email, there was a august s&p coming from the house for all documents related to benghazi. there was also a promisegy this administration, if you approve john brennan as the cia director we'll release all relevant information about benghazi. this classification i think was trying to avoid giving the document over by s&p.

trying to hide it basically by putting a new label on it and thank god for a independent judiciary. jon: it was a little more than three years ago the raid on usama bin laden's come went down. >> right. jon: we saw the photo of that night of president sitting there in the situation room. tommy vietor, former spokesman for the administration told bret baier last week the night of the benghazi attacks the president was not in the situation room. i know you have been asking of the white house about that. why is that important? >> well they made two movies about the bin laden raid. we have famous photo of all key players watching screen in real time. i will be the first to give president obama for ordering the bin laden raid. that was the gutsy call. you have to remember there is criminal investigation going on right now about releasing classified information to make the president look good to media outlets like "the new york times" describing raid in detail that compromised some of our sources. here is the question for the

question. would this administration, if they're willing to leak classified information to let, to make themselves look good, would they withhold it to keep from having to talk about a failure? they have got a propensity here to play politics with national security matters. i think it caught up with them in benghazi. where was the president? we know what he did minute by minute in the bin laden raid. when did he go to bed? we know he never called anyone in libya to get help for our people on the ground. to me was virtually awol as commander-in-chief. you need a commander-in-chief with events like this. nobody will tell us what he did and when he did it. jon: senator lindsey graham, republican from south carolina and former prosecutor. senator, thank you. >> thank you. jenna: just in from the "blade runner" murder trial and what could possibly be a case of witness tampering now. oscar pistorius reportedly going over to a friend of reeva steinkamp just after court ended asking, quote, how can you sleep at night? meantime the court heard from pistorius's next door neighbor

who testified about what he heard right after the deadly shooting. >> he is in danger and -- >> was it loud? >> very loud, my lady, judge, very loud. >> you heard this very loud crying. could you hear what the person was saying? >> one thing that i just picked up there but honestly i couldn't hear. it was basically that no, please, please, no. jenna: our paul tilsley was in the courtroom and joins us live on the phone. paul? >> reporter: jenna, in the last few minutes we have breaking news here. i'm trying to find out more for you of an alleged threatening comment reportedly made today by oscar pistorius in court to reeva steinkamp's friend kim myers. myers lawyer, ian levitt, told fox news just a few moments ago that pistorius, who has to pass incidentally by steenkamp's supporters every time he need to leave the dock, in a break came

up to kim myers and levitt says, in an extremely sinister tone, whispered, how can you sleep at night? myers was the housemate of reeva steinkamp and is on the prosecution's list of witnesses to could be called in mitigation of sentence should "the blade runner" be found guilty of the murder of his girlfriend. attorney levitt went on to tell fox news he believed this was a very disturbing comment. that it was mind-blowing and went on, his voice, strained, jenna, with emotion as he talked to me. here is a case of someone who is charged with murder. it is tantamount to interfering with a potential witness. this could affect his bail conditions. that this testifies to his character and shows, according to levitt, that the tears he has shed in court are crocodile tears. he added he is report he haded incident to the national prosecuting authority, the state, who are responsible for prosecuting "the blade runner." pistorius's lawyer, levitt says,

denied the incident took place but levitt claims there are witnesses who saw pistorius talk to myers and saw her, in his words recoil in horror afterwards. in court today, three close neighbors of pistorius were asked to mimic the sound the athlete made allegedly as he cried for help. his lawyer barry rue trying to encourage the to sound like the "blade runner" on the fateful night. >> possible to make a sound that would resemble it. >> [inaudible] >> really, -- [screaming] it in the voice after man. >> reporter: dramatic day in court, this event when the cameras were switched off with pistorius and myers has completely overshadowed everything that happened officially in the room, jenna. jenna: could be an interesting development that will impact the case as you mentioned, paul. we have our legal panel coming

up. surely questions for them coming up. paul, thank you. jon: right now out of control violence in eastern ukraine leaving dozens of people dead as fighting between government troops and pro-russian insurgents rages on in several eastern cities. meanwhile in southern ukraine the kiev government struggles to re-establish control of owe dessachs a key port city on the black sea. leland vittert streaming live from ukraine with the latest. leland? >> reporter: jon, certainly the battle did not stop for both side to bury their dead which now numbers in the dozens. the pro-russian separatists still control their strong hold of shroff very ounce. there are about 800 well-armed. they used in the lull in the battle to harden the position. they hold the main strain station and all of the town. they are being surrounded and contained bit ukrainian army. there are heavy weapons on both sides.

we know for a fact that these pro-russian separatists have rocket propelled grenades and other sophisticated weapons, ak-47s, that kind of thing. the ukrainian military came up with armored person until carriers and helicopter gunships although a couple of them have been shot down. the ukrainian army is moving slowly. we don't know whether the order is to contain the separatists or wipe them out. this entire region is truly on the brink of war. you can feel it not only among the battlefield but among the civilian operation. the international airport was closed this morning. there is a run on the bank. some banks are closed here and there are lines out the door past couple days. seeing largest withdrawal of cash ever. both sides here have raised the ante here. the separatists and the government in kiev. remember we're getting closer and closer to that may 11th deadline. that is when the separatists say they will hold a referendum. how they will do that they haven't explained for a vote

here in the eastern part of the country among the population to create its own state. now that vote isn't binding upon anybody but would certainly add more fuel to the fire and ratchet this controversy up even higher. jon, back to you. jon: one very frightening situation. leland vittert there in the middle of it. leland. thank you. jenna: traffic nightmare after a major highway shuts down following a massive fire. we'll tell you where it happened, how long the closures are expected to last. quite dramatic images coming out of california today. plus a shocking privacy about face from a web giant that has many users crying foul. so ally bank has a raise your rate cd that wothat's correct.a rate. cause i'm really nervous about getting trapped. why's that? uh, mark? go get help!

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jon: breaking now, firefighters in southern california battling a massive fire on a busy the wind-whipped flames causing the overpass to actually collapse, stranding drivers in their cars and completely

shutting down the roadway. fire officials say a construction worker accidentally started the fire with a blowtorch. one worker reportedly suffering from smoke inhalation. the road, which is at main route between southern california and las vegas could be closed for days. >> think you might have a bad day at work. jon: how do you burn a road? i don't know. jenna: bad day for the guy that started that fire. major privacy issues for millions of internet users. yahoo! is saying it will no longer honor, so-called do not track requests which are supposed to keep your online activity private. jo ling kent from the fox business network joins us now with more. hey, jo. >> reporter: good morning a big change made very quietly. it will affect your privacy if using yahoo! slipped into a blog post. the company will now ignore what they're calling do not track requests from users. that is signal you can activate in your web browser to indicate you don't want your online activity monitored. yahoo! is reversing its original position after being among the

first internet companies to adopt it. ceo marisa mayer dumped the option to create, highly personalized experience for users. mayer says they're ending, do not track, because we have yet to see a single standard emerge that is effective, easy to sues and adopted by the broader tech industry. so what does this mean for you? well as long as you use a yahoo! product like surge or tumbler or flickr, the company collects data on web searches, demographic information and your location. essentially yahoo! is mining your data to personalize advertisements and privacy advocates are protesting the move. the electronic freedom foundation wells "the wall street journal," yahoo!'s decision to flatly ignore users do not track requests is a scandal. yahoo! stock relatively unchanged but year-to-date it is down 7%. if you use yahoo! with this change you can still adjust your privacy settings but yahoo! making it very difficult to escape their view.

meanwhile take a look at twitter. the stock is tanking today, down about 12%, hitting all-time lows after 489 million shares owned by executives are freed up for trading. so jon and jenna, a big change for twitter and we'll be watching how investors feel about the confidence in their, in this company. jenna: interesting day in the tech sector overall. jo, thank you. >> thank you. jon: thanks. accused craig's list killer miranda barber back in court this morning. the teenager accused of a cold-blooded murder wants to squash a crucial piece of evidence in the case. what that could mean for prosecutors who want the death penalty here. also reaction to a new white house email that raises serious questions about the administration's response to the benghazi terror attack. that's coming up. man: i know the name of eight princesses. i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls

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jenna: right now new information on a few crime stories we're keeping eye on "happening now." students at payne college in georgia to return to class following two campus shootings in two days. first incident one student was injured when someone fired a gun into a dorm. that shooter was apprehended. a day later a student was shot in the head and critically wounded. the police say cases are not related. students are cleared to go back to class. >> a woman accused of luring a man to his death on craig's list is back in court. attorneys for miranda barber who is charged with criminal homicide are trying to suppress the statements she made about her alleged crime. today is marks one year since three women held captive in a cleveland home for a decade made their escape. their captor, ariel castro are as you know and ended up pleading guilty to hundreds of charges and killed himself shortly after starting his prison sentence. jon? jon: there are brand new numbers

to share in the 2016 race in the white house. hillary clinton seems to be slipping a bit. a new national poll finds 64% of democrats now say they would supporter. that is a 6-point drop from earlier this year. but she is still way out in front of the democratic pack according to our fox polls where she has 69% support among self-identified democrats, far ahead of vice president biden and senator elizabeth warren as well. on the republican side, former governor jeb bush picked up steam rising four percentage points in last two months. "fox news poll" shows the former governor in a near tie with new jersey governor chris christie. joining to us talk about some of these numbers, ellison barber, staff writer for the "washington free beacon." what is it about hillary clinton why, what would be the reason her support would be dropping in, you know, only may of 2014? >> we could speculate on a lot on a lot of different reasons. you potentially say some has

advertise to benghazi. that would be really be speculative at this point. the polls you have to do normal disclaimer so far in advance it will absolutely change. interesting thing about any democratic poll, hillary clinton is so far ahead of everyone else. that maybe good for her. if she doesn't run, democrats will have a difficult time switching momentum for another potential candidate because their field is kind of already set. jon: in some respects hillary clinton and democrats seen this movie before. she was far ahead of the field six years ago. everybody thought she was a shoo-in and along comes a junior senator from illinois named barack obama. >> there could always be something comes up. theoretically there could be next in line coming up. with republicans advantage and arguably disadvantage, argue for both they really do not have a clear frontrunner what is interesting thing about the recent poll that jeb bush is up four points and rand paul is down three from where they were at a month before. you see on republican side,

their primary is so wide open they really have a lot of time for anyone to come in and take the lead that could be considered a good thing for them. jon: fascinating to me, in large part barack obama got elected because of the country's fatigue with george w. bush. , george w. bush, bush 43. now his brother is sitting there tied atop the polls, republican polls. >> president obama has very low approval rating. i think a lot of people will say particularly in midterms that doesn't necessarily have effect on races but it does have effect on voter turnout. since 2008, obama obama has really been a driving force behind democrats voter turnout. he is great for engaging and really riling up his their base. right now because his approval rating is lower i do think you could see that as potential problem when it comes to getting voters out out particularly in 2014. jon: riling up the base on democratic side, maybe not necessarily a good thing to do in this particular election

because for obama obama, if the base is the left of the party, that is not necessarily what you're boeing to want to come out in droves when so many of these senate elections in particular are being fought for independents and middle of the party if. >> you is see that across the board for democrats, the midterms will come down to voter turnout. they want to get out as many people as they possibly can. when you see them running into issues, taking farther left stances like not approving keystone pipeline. jon: yeah. >> a lot of states with contentious races louisiana, where is the big one where that could be something to help them if they approve that to help them in their race. because they're going a little further left and appeasing far left side of the base it could hurt the races they're really worried about. jon: some latest numbers show 43% of the americans approve of the job the president is doing. 55% give him a thumbs down. pretty hard to motivate a lot of people to go out and push your program when you've got numbers

like that. >> right. we've seen a lot of interesting polls over last couple days particularly looking into 2014. there was a poll by "usa today" and pew, how many congressional districts would you rather vote for republican or democrat. 47% would rather vote for republican. 41% said a democrat that seems like a small margin. that is significant because they have done that same poll going back to at least 1994. that lean is the biggest tilt they had since '94. biggest in '94 wave and 2010 wave. a lot of people are saying when we look at our congressional districts we think we'll vote for republican over democrat. it can change. that is significant now. there are a lot of things republicans are looking and probably happy and a lot of things democrats are looking back and worried about. jon: pendulum seems to be swinging right. >> republicans are in good position for 2014 and increasingly looks like that. jon: ellison barber, the

"washington free beacon." good to have you on. jenna. jenna: he was put in prison after years after being convicted. mike anderson shares his incredible story next. one governor hailed as a hero after performing cpr on a woman on the street. how this politician may have just saved her life.

jenna: still to come on this hour of "happening now," the governor of. lori: gone is healed as a -- the

governor of oregon. said he was on his way to dinner. notice ad woman lying on the street and asked his driver to pull over and he helped her. a man sent to prison because of a clerical error is free man again. mike anderson was put behind bars after officials ordered him back to jail. he will be our guest in a few moments. researchers at vanderbilt university come up with a bug spray thousands of times stronger than deet. they say it works on mosquitoes, ants, flies and whole host of bugs as well. >> i will be -- >> translator: ladies. go get marrieded leave western education. i'm one captured your girls. i will sell them in the market. there is market for selling people. god come mannedded me as well. jenna: that is the leader of islamic group in nigeria boca ha

ram. we learned that the group kidnapped at least eight more girls since rereleasing that video. amy kellogg is in london. >> reporter: there is no claim of official responsibility for the latest kidnapping of girls in nigeria but is assumed to be the work of that barbaric group, boca ha rahm. -- boka. they were taken from their schools in the mid confident night during exam time. the president of nigeria has finally asked for help from the united states among other countries and attorney general eric holder says the u.s. is ready to step in. but locating and rescuing these girls aged 16 and 18 will be incredibly risky operation. they are in the far northeast of nigeria, in a land that the government has largely lost control of. yesterday was the first official claim of responsibility for the kidnapping of those original 276

schoolgirls and the bloodthirsty leader of the we heard from earlier, sort of swayed as he ranted for an hour on videotape, almost looking as if he was completely drugged up. he said that i loves to kill people when allah asks him and he will sell these girls as slaves. boko haram has been around for a decade and become more violent, preying on youth in part of nigeria where people live on less than $1.25 a day. and say the government is corrupt. they have murdered students in their sleep. jenna, frankly lot of people are speculating that the police brutality and public executions of some of the leaders of this group have only further radicalized them but the bottom line is, these 276 schoolgirls, plus of course the eight who were just taken have not been located. no one knows who they are. or where they are or even if some of them have been moved out

of the country. jenna. jenna: amy, thank you. jon: he is oregon's chief executive. now governor john kits headache ircould add -- kitzhaber, could add superhero. william la jeunesse is live with the story. what happened, william. >> reporter: the governor was going to dinner in downtown portland when he saw this woman unconscious on the street. he tells his driver to pull over. when he sees she is not breathing he immediately begins cpr. paramedics take over when they arrive. >> the governor was able to assist the ventilations and i'm not sure if he carries his own medical equipment but there was medical equipment he was there being able to use. it was great work by the governor. i was proud to see, proud to see him do his work and be able to take over from him. >> reporter: now the drug overdose victim is in the hospital recovering. jon? jon: has he ever done this kind of thing before?

>> reporter: yes, he has. saving a live in election year can't hurt obviously and this is kitzhaber's 12 year in office and if he wins he will be the nation's second longest-serving governor. if he loses, at least we know he won't be an unemployed politician. can step into more respected career. he has given cpr in the state capitol before. he once help ad seizure victim during a debate. he typically wears jeans. he is running for re-election. iron click for someone who knows medicine, or gone's state plan is massive failure. cover oregon is under investigation for lying about share website to obtain money. he is tied 44% with his republican challenger. jon: that cover oregon thing is a mess. that will be a big story you're covering for a while. william la jeunesse in los angeles. william, thank you. let's check on what is on "outnumbered" at top of the hour. harris faulkner, kimberly guilfoyle, what's coming up? we'll get to them in a moment.

and they will tell you what's coming up. in the meantime, a bug spray that is apparently thousands of times more effective than the most common insect repellant. researchers say that is what they have just come up with. is it safe? can you get it? we have all the details coming up. and he was sent to prison 13 years after he was convicted all because of a clerical error by the state. the state simply forgot about him. but today mike anderson is finally a free man again. he joins us live with his incredible story next.

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happening today on "outnumbered" at the top of the hour. >> midterms looking tougher and tougher for democrats as gop turns on heat for benghazi. a vote set to on lois lerner, former head of the heirs on targeting conservative groups. >> you know how the show works, four women, one guy. tv and vent you arer bear grill list thinks so. >> when an annoying guy hits on you, what is the best way to make it stop, shut it down? >> a guy better bring more than his charm on today's show. back to jenna and jon. >> he will need it. jenna: "happening now," a harrowing story of one man's fight for freedom 13 years after he was convicted. mike anderson was 23 in the year 2000 when he was sentenced to prison for a role in the robbery for a fast-food restaurant. he says he waited for instructions what to do next and asked about going to prison but no one ever got back to him.

anderson got married, start ad family, opened his own business, all of it using his own name and never got in trouble with the law again. this past july when his sentence was supposed to end, correction officials realized their mistake. and sent u.s. marshals to his home to arrest him. well now thanks to a huge public outcry and judge's ruling yesterday, anderson is free man after 10 months in prison. he is free for good this time, given credit for time served. joining us mike anderson, and his lawyer. nice to have you both with us on set. >> thank you for having us. >> unbelievable. we've covered this story for the last several weeks, mike and our viewers have really been involved in it. nice to finally talk to you. how do you feel today? >> i just feel thanksful. thank god for everything. the outcry, the support from the public is amazing and i can't say thank you enough. >> in the 10 months you were behind bars how did you keep yourself going?

>> prayer and a lot of reading. jenna: what did you read? >> i read the bible. a lot of joyce myers books. james gills. a lot of christian books. >> the bible is a best seller. best-seller. jenna: went with a good one. now that we have you here in person i would like to go back to a few different steps that were key to your story. as we mentioned we gave a little bit of a summary what happened over the last several years but take us back to the time where you were sentenced after appealing the ruling that you would have to go to prison and no one told you where to go or what to do. why did you think that you didn't have to go to prison? >> i was told that they made a mistake. you know, i asked, are they asking me to turn myself in? i was told no, you're not. they're saying that you're there. we're trying to tell them that you're not there. once again i felt that time, the error that they made, no matter if was going to be a day, a month, a week, a year i had to prove myself to everyone that

wasn't me and i could do better. jenna: how did you do that? >> i got into the word of god. i gave my life to god, let him work on me and let him change me. jenna: what did that change produce? >> it produce ad wonderful family, a wonderful family. wonderful skill, trade with my hands. good business and just a love for people. it produced me giving up my selfishness and becoming selfless. jenna: when marshals came to the door and knocked on it and mike, you're coming with us. by the way our not just coming with us today you're going to serve a 13-year sentence, that must have shaken you a little bit inside? did that ever cause you to question, why is this happening to me? god, why is this happening? >> the thought of why it was happening, it was always there. it is not for to us understand. i never thought, i knew something good was going to happen. i didn't know when. i was hoping it would happen sooner. i kept my faith. god was there in eye ear, someone comforting me or giving

me words of encouragement or reading his word he let me know i gotcha. jenna: our viewers overwhelmingly in support of you and loved hearing about your story and rooted for freedom. some said you do the crime, you do the time. what would you say to that. >> once again to those, people have hardened hearts. if, i can't change their view. god can't even change their view with hardened hearts. i hope they can look at person i've been for the last 13, 14 years. not that person everybody was saying i was portrayed to be. i just once again, i can't change their view. i wish i could. i wish i could change people's views. people will be people. you can't please everyone. i'm sorry i can't. jenna: we certainly know that working on television sometimes. there are these moments in your life though, i think we all step back and think, this is a crucial moment. i can choose two different paths. one can lead me in this direction. the other can lead me in that direction. you were able to choose a path that did not go towards more crimes.

>> yes. jenna: how do you think you made that decision? how, did it just happen overnight? because obviously you changed from somebody would participate in the robbery to someone who never committed a crime again? >> you know, change never happens overnight but it starts with the mind. i changed my way of thinking. god changed my way of thinking and i started thinking about, not worried about pleasing people. i started thinking about not wanting to displease god. anything to made him madder or anything like that, i didn't want to do anything displeasing to him because i found something that was amazing, that changed my life and it works for me. if it works for me i can't go back on anything else. jenna: patrick what happens now? mike's, he's out today obviously. but what's next legally? is there anything else left? >> legally we still have an application pending for a pardon with governor nixon. my job as his attorney is not yet finished. i would be derelict in my duty if i doesn't follow through and help this man get back on his

feet. i want to help rebuild his business. i want to help get his life back. i want him to become a breadwinner and father and husband again. one of the ways to do that ask for the governor to pardon him so have his civil rights restored and enjoy all the benefits of citizenship that we all do. jenna: is he on parole? >> no. right now he is a free man. jenna: time served, the sentence is done, the 13 years he was supposed to serve is counted as such? >> it is finished. jenna: what is next for you, mike? >> getting back to work. give my wife a vacation. give her a break. she has inslept in 10 months. she lost a lot of weight. there has been a lot on her. play with my kids. get out in the go-carts like we used to do, dirt bikes, remote-controlled cars just like we were before. jenna: one final question. how do you think you will use this experience as you move forward in life? talk about with your family, maybe some boys you coach football for, involved in your church? how do you think it will pay it

forward. >> this is my testimony. this is part of my testimony. it's out there now. a lot of people know. i've always wanted to be in the prison ministry, to go back and talk to those guys when it first happened because i couldn't because this is over my head. now that this is done with, i can do that now. that is something i always wanted to do. jenna: you come back, right? we'll check in how the football team is doing. there is picture. we'll want to hear how that is going and hear how you're doing next several months. >> thank you. jenna: new friend of the show. we appreciate you coming on. >> appreciate you guys. jenna: you're probably exhausted, patrick, as well. jon, incredible, really. curious to hear what our viewers think about this and what will happen next. jon: very, very good news. mike, good to have you out of there. >> thank you. jon: there is a brand new bug spray in the works. researchers say it is better than all of the others. how it works and how it can actually save lives. that's coming up. plus deadly violence erupting in ukraine as the country's interim government

tries to re-establish control. what will russia's next move be? we'll go in depth next.

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is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. jenna: right now deadly violence in ukraine spirals it seems out of control and pushes the country to the brink of civil war. interesting editorial caught our attention from bloomberg business week, weighing difficulties what some pro-russian protestors are break away of a new republic called new russia. joining me kt mcfarland, fox national security analyst. this is section of ukraine that vladmir putin says is really, belongs to the soviet union. this is the case for it. tell us a little bit where it is and why it matters. >> here is what is happening with russia. much russia has a long border there. are a lot of countries on the

russia border to the west of russia. what russia has done in ukraine and i think will do others, mass forces on other side of that border and have system taking areas they want. first they say, you're russian ethnic, ethnic russians. you're russian citizens. even though you're in ukraine, crimea, in other places you're rush shuns. he in special forces. guys who don't have russian uniforms, stir things up, have demonstrations, have riots. the goal for the host country, in this case ukraine, okay we can't keep order there, what we'll do is have a federation and then you guys on that russian border you can decide whether you want to join russia. putin never moves tanks. does it through political intimidation, economic blackmail and chaos. and he build as new russia all along that border. he moves the russian border west. jenna: what is the risk of that? >> i think it is happening, already started happening. jenna: and risk to us? >> here is why it matters. ukraine is not nato member.

doesn't trigger anything. we don't have a big trade relationship with ukraine. europe has a big trade relationship with russia. the europeans are hesitant doing anything that would punish russia and do anything to their economies. i think putin is headed to the estonia and why does that matter of the article v, i call it the three musketeers clause says armed attack against one is met by all of us defending that one. as long as putin doesn't have an armed attack, as long as just moving borders with all these other points of intimidation, it doesn't trigger nato. what does putin do? he gets a new border. he gets intimidation and nato is finished. jenna: he has longer timeline than most to do that. kt, great to see you. thank you very much. jon? jon: here are some brand new stories we're working on for the second hour of "happening now." the fda is questioning the use of aspirin to prevent heart attacks and strokes. that has been conventional

wisdom for a long time. we'll tell you why. also a brand new study suggests that fewer americans are banking on using their 401(k)s. we'll tell you what has people running scared ahead. avo: with expedia

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>> we are going to be back in one hour. jenna: "outnumbered" starts right now. >> this is "outnumbered." today's hashtag one lucky guy, tucker carlson and he's outnumbered. looking good. ready for a fight today? >> totally ready. give it to me. >> your hair is looking pretty good. six out of 10. there's always room for improvement. >> it's god -- good to see you. >> i woke up in a cold sweat at 5:00 this morning. >> poured water on you. >> it'sr