tv, "outnumbered." happ "happening now" starts now? right now three developing stories we are watching this hour. the mighty mississippi spilling over its banks and forecasters say it could get worse before better. and who is in the path of the storms. israeli rockets raining down on hams targets in gaza. and the military warning it tell step up the stops. and the american held in a mexican jail finally making its case before the j. could he go free today? >> and a show down in the southern border, the president heading to texas, this afternoon is facing a fire storm of criticism for not visiting the border while he is there. i am jenna lee. >> and i am eric shaun in for

jon scott. >> the president coming face-to-face with rick perry. they are sitting down with a roundtable. but the meeting is in dallas hundreds of miles away from the boarder and that's where the croisis continues as thousands of children and others flood in our country. >> the president is on the move and our white house correspondent is visiting our dallas bureau. >> reporter: interesting, the president wrapping up a fund-raising event in denver and what is fascinating, this trip, there is a build up of a week of controversy. republicans like rick perry, the governor here saying that the president needs to go to the border and texas congressman saying much the same and going further than that and as a democrat, he fears this could be president obama's own katrina and this crisis bubbling up and

getting worse and worse could blow up politically for the president. this morning on fox and friends. henry quayle was pressed, when other democrats like corey booker was speaking out. has the congressman faced flack as well? >> a lot of time the administration gets angry when the party speaks up and out. ask corey booker spoke out. have you got that call? >> yes, i have. i am more concerned about the constituents who need a practical answer. >> who called you. did they tell you to pipe down? >> we'll leave it like that. i am still talking about it. >> reporter: i reached out to the president's advisor and trying to get the reaction of

the democrats pressuring the democratic congressman. and bottom lean, he's not piping down and not scared to speak out. he shares skeptism that the republicans are expressing about the president's throe.7 billion request to deal with the crisis. >> we don't have a credible plan. we don't have a secower border. this treats symptoms and doesn't address the fact that people are breaking the law and the border is not secure. >> reporter: the white house said they should support comprehensive immigration reform. the democrat henrow cra ya r that he gives the president credit to stit down and meet with rick perry but said the president should go 500 miles and meet with the border patrol

agents. >> the president has no plans. but sometimes they change. thank you. >> and as the president sits down with rick perry, the country will hear from key border state law makers. the decision to skip the trip to the border to so the decision for himself. ted cruz and others are set to speak about the chaos in an hour from now. they repreponderate texas and arizona, two states in the center of the crisis. they will give their take on u.s. policy and ha they think should be done. >> in the meantime there is a hearing about the wave of women and children pouring over the border. law makers are grilling them about how they handle each case and why they don't ask about the

immigration status of the families where these children are headed. >> why do you not ask that question of those people with whom you are placing the children. >> even if we have the information as to the parent and relative immigration at that timeus, we would still at that point, need to look at the circumstances. >> i don't disagree with that. i am asking why you don't ask that question. >> sir. >> is it a policy of the hss not to ask the status of those people whom you are placing the child. >> is that a policy? >> we don't ask. >> is that the policy of hss of this country. >> yes, that is the case, yes. >> and wesly lowery is a political reporter for the washington post. the president asked congress for throw.7 billion to support a plan at the border to deal

with the crisis, wes, you described the path forward with congress as very tough. walk us through what that path looks like, will it get anywhere, this request? >> everyone is talking cautiously about it right now, but it is a tough path forward. with the position of president obama and republican members of the house it is a tough path forward much less on immigration and funding for immigration. they think it would help but not solve the problem. they would like the president to make the alteration for the law that determines that these children coming in are different than children from mexico. it may help deport these children quickly and not hold them as long. there is skeptism on the hill which this money which is a lot

of money to ask for before the mid- term, there is skeptism of whether it would solve the problem. >> is there any horse- trading for this? the republicans have talked about border security and front page of fox news.com, there was a question of building a fence. do you think that there could be back and forth negotiation and there would be funds in exchange for a policy change? >> i think so. i think that wes' report suggest pretty sound. but i am hearing from the house republican that there is a push among the leadership and hal rogers and kay granger to come up with something that the house could pass and maybe more board agents added. and a lot of enforcement hawks in the republican party said it is the wrong way to go. adding more people to the border

doesn't solve the problem. a lot of these kids are rushed in the weres of border agents because they are told they can receive a sylm. there is discussion that 3.7 billion when you add it up is 71,000 per uncompanied minor is not doing anything. and it is too expensive. >> one of the things that judge napolitano said any amount of money is not enough. in the end of the day it is a growing problem and it comes down to policy, legislation and laws. and again looking back at your reporting, do you so a push for policy change? associated press said they are backing off of that in exchange for more follow-uppeds. >> we have not seen a push for policy change either from congress or the president's office right now. that's not what we are seeing or hearing. we hear money for border agents

and security in the boarder and detension and paying for more judges to have the hearings. i have yet to hear a robust change in policy. >> let me ask you the question. if there is not money we are expecting congress to approve and policy. does that mean nothing gets done? both sides don't want to do either of those things. and everyone sits around. mike, is that the case? >> that perfectly characterizes all of the immigration politics. there is a divide among the parties and within the parties about what to do about immigration. i think you are seeing that play out in this particular instance. >> does it need to be about immigration overall. mike, immigration reform or solving the immediate issue at the border, why is there hesitation to solve the immediate problem? >> it is a good question and one i ask when i talk to my sources

on the hill and it is confusing. the comprehensive reform package doesn't have anything directly to do with what is happening on the border and i think that a lot of people who support comprehensive immigration reform are conflating the two issues and say you have to pass this. they haven't made a case for that. and ultimately, you have an issue where the poll tibs are so divisive and people are so divided on it, you have to have somebody who said a leader and the president of the united states who said all right. i understand it is complex and what we are doing about it. we just haven't heard it. >> do you so anyone on the hill willing to make that stand. one wonders who would that be? >> based on what i am hearing people i am talking to now. the likely scenario is that nothing happens on this. you have two sides on this and

where they are coming to midterm election. and the president has given a funding package that congress will not approve and he faces an obstructionist congress. and the republicans say we are looking at a the president who is having a crieses on the border. >> and you covered the hill closely. you ever feel like putting someone in a head lock? it is frustrating at times. you don't need to answer that. >> and it is frustrating to hear and you lay out both sides great. we are glad to have you. and thank you very much. >> so now in jenna's head lock and embattled irs commissioner. he will be back on the hill testifying. and this time facing questions of why the federal government admits it made more than 100 billion worth of improper payments last year. over 100 billion and expected to

get an earful of all of those still missing lois lerner e-mails and all part of the irs conservative group targeting scandal. we'll talk to our correspondent carl cameron. >> reporter: it is 106 billion in improper payments that irs said uncle sam is making. medicaid for example. payments for elderly medicare. and 50 billion. and medicaid, another $14.4 billion. and when it comes to unemployment benefits. 6.2 billion went to people who were working. and to make matters worse. the irs is probably underestimating the problem and a clerical error and waste and fraud abuse. and so there is an interesting idea. the irs commissioner has a lot of other problems. he is about to face questions

over the irs targeting of conservative groups and the lost e-mails of lois lerner. republicans don't believe that the computer crash destroyed her correspondence and e-mails. he thought learner made an effort to preserve those records and follow core procedures. last thursday congress got e-mails. they combed through them and looking at all of the documents and the gop accused the irs of stone wall anything block their investigation and some people call it a cover up and stone wall. if there is new evidence booel hear it in 18 minutes from now. >> and remember what they said. billion there and billion there and you are talking about real money. >> we have a lot. >> thank you. >> eric sirens in the holy land.

(sirens) >> with israel stepping up air strikes and the prime minister warning that the military is ready for anything. and court action in mexico for the marine sergeant in jail after he made a wrong turn. and what will get sergeant out. and go to fox news.com/happening now. ? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

>> first hour of happening now and a developing story. police in oregon said the teenage girl who disappeared after she wrote a chilling journal entry apparently a run away and very much alive. they are just a da or two behind angie dean and confident that she is moving from house-to-house in the portland, oregon area. she left her washington home in late june. she sparked a lot of concern and attention after leaving a cryptic note in her journal. if you are reading this i am either missing or dead. and threes of what happen to her and we will follow the breaking story. eric? >> and middle east now and the situation in israel is continuing to be tense and in

turmoil and israel is continuing to be hit by the air group hams. they hit targets and now thousands of israeli troops are mobilizing on the gaza border. it is a conflict that doesn't show any signs of lightening up. >> hello, david. >> reporter: hi, eric. cooling off? things are hotting up. it is now dusk and mill at that points have fired more repeated rounds of rockets from gaza in to israel. we have sewn a barage of targets and mong the target a desert city of ta mona. there is a nuclear facility in the city of demona. and firing these barages. many rockets at one time militants are trying to overpower the israeli missile

defense system. and again, more sirens in the city of tel aviv. and today alone more than 60 rockets have been fired and there were no serious injuries and as the conflict escalates, there is increasing in the rocket range and also shot rockets in hiffa. hams has 10,000 rockets and 350 have been having the capacity to threaten the country. and israel's military is firing back. and among their target. launchers and once these rocket launchers are put out of commission they are useless. and the israeli air forces targeting the militants and going after their homes.

palestinians say 38 people have been killed including six children. israeli officials say in an effort to prevent civil casulties. they warn resident to evacuate but many instances they don't listen and reports where people wanted to become human shields. thousands of israeli troops mobilized near the border and a grouped enivation remains a real possibility. and israeli prime minister benjamin netanyahu said the army is ready for all possibilities and hopes of a negotiated ceasefire is unlikely. one reason for that is the new government in egypt. egypt had helped to broker a peace deal. and now there is a new government in egypt and that government doesn't have the same good relationship and leverage with hams leadership and

uncertain what role they would be able to play. the hams official threatened an earthquake of escalation, eric. >> you are right. h hamas can't rely on president morsi. more severe weather hitting the heartland. waters in the mississippi are rising. the u.s. marine jailed in mexico. will the sergeant finally be released? . when you run a business, you can't settle for slow.

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mexico. the sergeant spent more than 100 days in jail. he made a wrong turn and crossed to mexico with three legally registered guns. and adam housely has more on this. >> reporter: jenna, the hearing is set to begin in an hour from now. the sergeant is in the courthouse and he was brought in earlier than expected. he would be in a half an hour. but the mexican authorities moved him in to avoid the press. we have new video from our crew on the ground. you will so a significant police presence as the case has a lot of interest on both sides of the border. and we are told from the fox news crow that there is more police and authorities in the courthouse than in previous court hearings. and we will talk to the mexican authority and he said andrew

will not give a prepared statement but will have testimony that lasts about 45 minutes. he will talk about what he intended to do and what he didn't intend to do and how things happen on the days. and after that. we are going to get a chance to cross examine the custom officials that acted as witnesses on andrew's behalf. >> andrew has been in jail a hundred days. he got in the wrong lane. and they shot video similar to what fox shot a month ago. it is a difficult border crossing and how it is easy to get disoriented and get in the wrong lane and go over the border. andrew had weapons in the car and declared that and didn't want to cross. they are hopeful.

hopeful that there is a slight chance he might be released. take a listen. >> the trial begins and ends and you have a jury deliberate here. you only have a judge and he can take bits and pieces of it at various times. tomorrow will be the first time the judge received any defense evidence. >> that would be today. that sound bite was from yesterday. the hearing begins an hour and four minutes from now. it is all about intent. his mexican attorney and american advocate say it is all about intent. it was 0 intent to take them across the border. they were immediately declared in his car and he got to the the border checkpoint and mentioned he didn't want to cross over. and we'll have all of the details and our producer is in the courtroom and we'll give you

the update as it begins. and the mexican attorney is not hopeful he will be released, the american advocates are hopeful he will get the chance, jenna. >> thank you. >> we'll bring in our legal panel. we have a former prosecutor. and tom, let me start wu. after the sergeant tells the story do you think he will get out? >> i hope so, even if the case doesn't die today, it is not chlor to me why the american judge and mexican system that he is such a flight risk that he needs to be remanded without bail. as americans we have to not put ourselves in a way to overwhelm a legal system. it is the mexican case to

prosecute. there is nothing about the individual that demands remand of bail. he takes the wrong lane and gets there and tells them i am in the wrong lane and they still arrest him; was that it right? >> i don't know how much discretion the police have over there. but the prosecutors don't have much discretion. they have to prosout and can't use what we have in this country prosecutorial discretion. i agree with tom. intent will be paramount. and they need to decide if he had the intent to break the mexican law. it is not enough to say ignorance of the law is no excuse. i don't know this they will have that. >> that is interesting. look at the split screen of that crossing. we saw it in the report earlier.

it is amazing. the left side is the way it looked. you can't so anything. you look at the u-turn on the bottom and then return to usa here. doesn't this indict the mexican authorities to say he shouldn't be arrested in the first place. it makes out a legitimate defense. i can't necessarily fault the mexican authorities for making an arrest. if the situation was reversed and a member of the mexican military crossed armed in the border we probably would have made an arrest, too but remand them without bail or convict them at trial is two separate things. it turns on its head. you can't violate a criminal statute without having intent to

do so. and then this case should be resolved. >> john, four months two years ago held by mexican authorities. why does it continue to happen? >> that's a question for the mexican authorities. and their justice system. it would not be consignable to spend confinest without seeing a judge. it is just not done. and that seems to be a big problem. they wait a long time before they so a judge in the first place and we don't have that system here. it is hard to relate to that. >> thank you, eric. >> and a question that drives headlines today. what to do with the women and children crossing in our country illegally. we are live from the town and taking center stage next. ♪ i got to be pretty good at managing my symptoms, except that managing my symptoms was all i was doing.

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will meet and they will push for the immigrants to be official fej refugees. and here's the latest. >> behind the watch dogs, protestors who are camping out because they want to make sure the federal government doesn't sneak more buses in this area. >> we plan to it be out here in force and there is people there when the shipments are not expecting to be here. we don't trust the federal government and we want to make sure people are here. >> reporter: we have seen several hundred protestors out and they want to stop the immigrants from coming through the crossings and we are seeing supporters rally 60 miles northwest of l.a. and they are sending the message children held there are welcome in the community. it is a similar message from

local catholic communities. >> we decided on 25 and we clapped and agreed and i think we left content. we left in peace. >> reporter: with all of the attention on both sides, i spoke to the mayor of mureta and he's still getting 0- information from federal authorities. >> no one tells us what is going on. and sometimes we are getting information from the protestors. they are getting information from the border patrol agents that are on the line. >> reporter: all attention looking to tomorrow, that's when the next buses filled with immigrants being come to mureta. >> it is continuing, thank you, jenna. new details about a derjs terrorist group trying to launch a new social media campaign and

have a weekly english language magazine. how effective it is and how we can fight back. waly is a fox news middle eastern terrorism analyst. always appreciate that title. and your presence on our program as well. this is not new. we talked about terrorist groups developing their own mag zones and this group is doing something differently and it is important to watch that. what are the major differences? >> the similarities as you mentioned inspire magazine. and chat rooms, that is impressive propaganda by gaddafi and one of bin laden and a l al awlaki. it is the same technology improved. but it is about the message. isis is sending picture and video that no jihaddist has seen

before. they control land and in mosul. one of the larger cities of iraq. they can hear about the presence of jihaddist and it is a new taliban reality. and before 2001, they didn't have this technology and westeners are engaged when they so it working. >> it is a highly effective rekrauting tool? >> i would say it is not an indoctrineating tol because they are already indock triated. but it is a recruiting tool. >> if this is on the ground, everything, besides what we are seeing on social media. they have t- shirts and baseball cats and cuddly toys. what are we doing that. are we matching that with propagan

propaganda. >> we so the facebook and t- shirts and what they can do in 25 days. wait a few weeks from now. they will have tv and radio stations. it will go fast. what we have done in ten years and over the six years was get counter that message. it is the message. how can we deradicalize people who are radicalized. >> how do we do that? >> what we thought would be the case, all of those in the agencies try to shame jihaddist and tell them it is not the right path. they are hardened already and making fun of us. we need to work with civil society people who themselves will isolate the elements and not deradicalized indoctrineated people. >> thank you for talking to us

today. >> thank you for having me. >> it could be an end of an era in the united states. tampa cigar city was home to cigar rolling factories. now only one remains and it is on the verge of closing and supporters are pointing the finger at the federal government. the government who versus the cigar rollers in tampa.

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>> coming on the role story. mark udachlt the senators decided to not show up for his own event. and what kind of disis that. and the irs chief will be back on the society in capitol hill and no doubt going to get grilled on the missing e-mails and the marine jailed in mexico finally gets his day in court again. will he be a free man tomorrow. find out in the top of the hour.

tampa, florida, once home to 50 cigar rolling fact row. supporters fear new regulations from the federal government will kill what is left. phil keating is live in tampa with a story of the cigar craftsman versus the bureaucrats. >> congress enacted and expanded the regulatory power of the fa a. and they regulate. industry said the factories are about to close unless the fa a backs off. >> this place is like a family. we are all family. >> reporter: the cigar factory has been doing this since the 1930s. there was a time when 150 cigar

fact rows gave tampa the nickname of the cigar city. >> today jc nowman is the last one and maybe not for long. nin order to introduce a new cigar, they would require 5,000 hours of testing for smoke and nicotine and we would be strangled and have to close down. >> and the fda is willing to exempt cigar makers for premium cigars. and most don't sell $10 and up. >> a would have to raise price. >> $10 for a hamburger, no. the the fda said the aim is public health. couple bustible cigars are causes of source health effects

including cancer and heart disease. for now nothing has changed and the cigar industry is holding out hope. >> we'll get the public comment. you will have that when jenna has her baby. >> it is a boy? >> eric thank you for that. we'll take all suggestions. a severe storm bringing damaging winds and large hail and tornados. in the eastern part of the country. deadly storms left 70,000 people without power and killed five people, one of those victims a young boy, at the sum are camp. leland if>> reporter: issa a race to clean up the damage. you can so a tree camp in to a bedroom on the second story. it was a large tree. and they were lucky here. there was a young woman inside of the bedroom just before the tree collapsed and she had

headed downstairs. folks were not so fortunate in new york state. four people were killed there. and the national weather service confirmed it was a tornado that touched down. they picked through the pieces of the rubble to so if anyone was left undernegotiate. folks were left without power as hundreds of thousands of people had their electricity knocked out and in maryland a scary situation in a summer camp. they saw the storm coming and they rushed to get everyone in shelter. and they were not able to get them under the shelter and a tree collapsed and one children died in the storms as everyone waits for round two, today. >> and jenna, turns out that sitting around from your tail is not good for your ticker. sitting around may cancel out the exercise that people try to squeeze in their day.

we have heart healthy advice straight ahead. h. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

. couch potatoes, listen up, your afternoon look may noting be doing as much good as once thought. sitting at your desk or hanging out on the couch is bad for your heart. the study says prolonged sitting cancels out the time we spend sweating. they say fidget. we welcome in a cardiologist. dr. campbell, they tell us sitting around like if you're watching tv, not good for us. >> not good for us. this new study was impressive.

2,000 patients were looked at in terms of their lifestyle and how much they sat around and how much they exercised. then their cardiovascular health was measured. for every two hours you sit around, it cancels out that 20-minute burst of activity when you went for a run around the block at lunchtime. it's really important to move around throughout the day. >> so what can you do? stand up? if i'm watching fox news channel, you can stand up in your living room, too, right? >> get up from your desk. pace around while you're on a conference call. take the stairs. it's one thing to take elevator to the 50th floor but another one to go three or four floors up and down. that can make a huge difference in terms of calorie burn. >> has the study showed how long we shouldn't sit for? >> the study wasn't de look at that specifically but what we know is the more we sit around, the more we are likely to have obesity and obesity related illness because it's a lifestyle choice. if we exercise and avoid

obesity, then we avoid diabetes, heart disease, high blood pressure which may lead to these heart ills we see from sitting around. >> another issue is walking. you drive everywhere. go to the mall this sort of thing. sometimes it's hard to walk. i would imagine you would encourage people to the go out and walk around the neighborhood. >> everything that you do for physical activity is important. the cdc recommends about 20 minutes of active exercise a day. that's walking around the block. walking in the mall. in new york, it's easy. even when it's hot like today, we can walk everywhere. in other places in the country, we have to drive. when you get to your destination, walk. take the steps. >> what do you think we should do? if you're sitting or work all the time or have a desk job or behind the counter, where can you go? >> i think one of the important points to make from this study is get up and stretch and walk around a bit. one thing you can do the new craze is these treadmill desks. you would have to be pretty well balanced but balance balls like

you see at the gym. sit on one of those instead of a chair because you have to keep your core tight. you'll burn calories at the same time. >> i'm not putting a treadmill at my desk. you can stand. a secretary of state stood at the state department. he must have known something. >> i get to stand up to work. i'm always moving. that helps my cardiovascular health. >> take a walk. stand up. >> yes, sir. >> thank you, doctor. good to see you. >> dr. campbell, how do things change when you carry around a 30-pound bowling ball every day. do you get extra credit for that? >> you burn more calories because you have another human being with you. >> just wanted to know. thank you, doctor. appreciate it. nice to have a doctor on set. lawmakers from arizona and texas set to speak in moments about the wave of illegal immigrants flooding their states and the firestorm over the

president's decision to pass on a chance to see the situation firsthand while in texas for a fund-raising trip. we'll go live to capitol hill when that happens and new revelations about an alleged culture of corruption at the va. we'll have jeff miller at the top of the hour.

you heard the expression the rich keep getting richer. it may be true. rolls-royce says sales are soaring. the car maker reporting nearly 2,000 cars sold so far this year. 33% jump over last year and one reason apparently is the number of billionaires is also on the rise. a "forbes" survey says there are 219 more billionaires this year than last. you don't have to be a billionaire to afford a rolls but it certainly helps. the starting price tag for one of these well over $200,000. what's the car payment on that every month? >> i don't know. dr. campbell told us to walk so i don't need a rolls.

>> nice choice. great to have eric with us again today. we'll be back tomorrow. thanks for joining us. "the real story" with gretchen starts now. >> thanks, guys. in just an hour from now, president obama heading to texas where the immigration crisis is coming to a head. hi, everyone. i'm gretchen carlson. hope you're having a great day. welcome to "the real story." the president is going to meet with governor rick perry and faith based leaders for that roundtable discussion over what to do about the tens of thousands of people flooding our southern border. as the u.s. remains divided on how to deal with border security and immigration reform, the senate homeland security committee held a hearing on the crisis today. and the head of fema saying the kids are coming across faster than they can find a place to put them. but critics and lawmakers or the hill today say that no matter how crowded those detention centers get, the gaps in border security create incentive for more to come over. all right. so this