baseball and right? bill: did i tell you i threw out the first pitch? i have video. >> i've seen it, yeah. bill: plenty of time for that tomorrow. see you tomorrow. >> see you tomorrow. bill: "happening now" starts right now. jon: as another american victim of worst ebola outbreak in history heads back to the u.s. there is encouraging news about her condition and her coworker. good morning i'm jon scott. >> i'm patti ann browne in for jenna lee. dr. kent brantly arrived in georgia over the weekend on especially equipped plane and special gear. he is in quarantine in one of our nation's most sophisticated infectious disease units. as the disease spreads in nigeria.

liberia take putting new restrictions in place. jon: there is concern in the u.s. that ebola has such haifa tallet rate, killing 60ers or more of its victims. nearly 730 people have died overseas and 1300 people are infected there is no vaccine or cure. centers for disease control insists there is no threat to public safety in the united states. john roberts live from emmy university hospital in atlanta. john? >> reporter: good morning to you, jon. nearly 4 hours after the first ebola patient arrives here at emory university hospital things appear to be going well although dr. kent brantly is not out of the woods just yet. as you imagine anytime you're infected with a virus serious as ebola a patient's condition could change in moment as notice dr. brantly arrived midday saturday in extraordinary scene, glad head to toe in biocontainment suit, he walked from the ambulance that brought him from dobbins air force base to a special isolation unit at

the hospital. after a 14 hour flight from monorovia, liberia aboard a jet with special centers for disease control specially constructed biocontainment unit. before he left, dr. brantly received what will be three doses of special serum antibodies specifically designed to attack the ebola virus. he will get two more doses at emory. may or may not be because of that treatment but he does appear to be getting better. >> appears to be improving and that's encouraging. in fact probably the case people are well-nourished and healthy if they get a deadly disease are better than those tragically dying from ebola in africa, weaker immune systems going in. >> reporter: dr. brantly's wife amber issued a statement, saying our family is rejoicing over kent's safe arrival and we're confident he is receiving the very best care.

i was able to see kent today, that was sunday. he was in good pits. he thanked everyone for their prayers. now the mission is to get back the second american infected with ebowl last, nancy writebol, works with american missionary group, sim. they were running the hospital which the ebola clinic were operating where dr. brantly and nurse writebol were infected. a plane on the ground in liberia right now. expected to depart 9:30 eastern time. according to sources she should arrive midday tomorrow. both of them will be held in the same unit here at emory. it has room for three people. emory officials need to hold one of the beds open in case a member about team gets sick. update numbers of the african arm from the world health organization. 1440 people infected, 826 deaths. now the second case reported in nigeria. you will remember the liberian american, patrick sawyer, lied to lagos, nigeria, after a flight from monorovia to lagos.

apparently the doctor who treated him there, come down with ebola. reinforcing, jon, how deadly and dangerous this virus really is. jon: it is certainly scary. john roberts in atlanta at emory university. john, thank you. into right now a u.s. marine jailed in mexico after making a wrong turn at the border is set to appear in court. sergeant andrew tahmooressi's attorney says his rights were violated. they are expected to call two customs agents who questioned the marine. william la jeunesse is live from tijuana, mexico. hi, william. >> reporter: patti ann, we're outside the federal courthouse here in tijuana. we expect sergeant tahmooressi to alive probably next 60 minutes, transferred from prison. he will go through the iron gates. we have a cameraman on the roof to get a shot of him going outside. this is the third hearing. very hard to get a read on the trial because it is not open to the press or public. we can't get inside.

fernando benitez his current attorney is optimistic by questions coming from the judge, being on point and the judge allowed andrew to spend private time with his mother jill during or after the last hearing. what do we expect to happen today? number one, benitez will cross-examine the two customs agents stopped him at port of entry not for one hour which is custom but eight hours. denying him a lawyer, access to u.s. consulate and translator. that denial of civil rights means the evidence should be tossed out. that is big. there was no criminal intent. there was mistake. andrew was lost, late at night. the showing signs coming to mexico on the freeway, that was obliterated by graffiti. secondly, trying to make a u-turn from, or not into mexico, rather. that sign was virtually invisible. down on the ground very small. thirdly that he called 911 for help. chp said he was lost. that evidence will be introduced by video and also the audiotape.

finally andrew was in san diego for ptsd treatment after two tours in afghanistan. and for mental health and humanitarian reasons he should be released while this trial is going on, to receive some ed, if this was a mistake, why hasn't the case been dismissed? that could have happened in the first 4hours. the prosecutor could have decided not file charges. however, andrew's attorney at time made no argument, filed no evidence. then the judge had six days to determine whether or not there was probable cause to believe that the trial should take place, that andrew committed this crime. again his attorneys at the time did not make any arguments, did not show up in court or file any evidence. patti ann, once this case was accepted by the judge, you have to see it through. this could go all the way to november, with a rulings, meggses, witnesses and so forth. back to you. >> william la jeunesse live in mexico, thank you. he will of course keep us posted on today's hearings. jon: to politics now. just three months before the

november midterm elections where control of the congress is up for grabs. right now gop need to flip just six seats to regain control of the senate. immigration and foreign policy could be key issues. joining us now, bret baier anchor"special report." the republicans have high hopes in the senate but the republicans were also not exactly unanimous last week when it comes to immigration policy. is that something that the party is going to have to get its arms around before november? >> yes and no. yes, on the big picture of a national issue. clearly immigration will be front and center, if the president decides an executive order is necessary come the end of this summer or into the fall. that is going to be a big issue but in these specific states, jon, and there are 10 roughly that republicans have high hopes for, there are only a couple where immigration factors in significantly as a top issue.

colorado is one of them. 14% of the population there in 2012, hispanic. that issue rides high there. as does, in north carolina. those are two places but the other spots, really, the population. there you see the colorado senator mark udall, democrat holding on to a slight, slight lead over republican challenger, other states though, jon, it is very minimal. and hispanic population is down to about 3% in those states. and the issue of immigration reform doesn't usually bubble up in those states to the top level. jon: what about foreign policy? i mean typically people don't elect their senators and members of congress on a foreign policy platform but, obviously the world is on fire right now. how much of an issue is that going to be three months from now? >> that's a great question. one that we'll have to see where the world is at that point. usually foreign policy doesn't drive the day and usually it is

about domestic policy and how everyone feels with the economy. and, that drives it. but, foreign policy does factor into the president's approval ratings and they have been taking a hit. if republicans can manage to make this midterm election a referendum on president obama, then foreign policy factors into the overall perception of leadership and one where democrats could take a hit in each individual race. jon: what about president obama as a campaign tool, if you will for democrats? he is underwater overall on his approval rating. the economy is still mired in a place where most people feel like we're still in a recession even if the numbers say we're not. then you've got some of these flashpoints, ukraine, gaza and the immigration problem down at the border. is the president going to be out there on the campaign trail helping fellow democrats?

>> he is. going to be out there on the campaign trail and he clearly is going to be out fund-raising. he is prolific fund-raiser, one that democrats want to have raising money across the country. there will be some states where the president will not visit. frankly they are red states that mitt romney won where democrats are trying to distance themselves from the president. but you with will see him out campaigning. his job will be to fire up the base of the party, so that they can get motivated by november. republicans on the other hand are trying to fire up their base and it is a matter of how many people you can get out to the polls. midterms are like that. they are driven by basics. general elections are completely different demographic. jon: is that why we hear the president continuing to take on republicans and republican leaders so many times when he take as podium in the, in the white house? >> yeah. definitely. i mean it is an effort to fire up the left of his party and he

has done it effectively. he, however, by saying some of the things he said on the stump and by some actions he has taken, he also is firing up the right, conservative wing of the republican party. jon: yeah. >> so you will have this battle to get people out to the polls come november. jon: it is going to be a fascinating race to watch. bret baier, thanks for giving us a preview. >> sure. >> right now, new information on the conflict in gaza. time is up on a seven-hour humanitarian cease-fire setting the stage for another round of rocket fire between israel and hamas. as we get word of a terror attack in the heart of israel. john huddy right now is live on israel's border with gaza. hi, john. >> reporter: yeah, patti ann this happened in east jerusalem where according officials and police there a guy got behind a wheel or at least took over one of these massive construction

excavators rather and rammed right into a bus, knocking into it several times, flip iting over. bus driver, several people on board were injured. not sure the extent of their injuries. one person, pedestrian was run over and killed before police opened fire numerous times and shot and killed the guy that took over the construction vehicle. no group took responsibility. what we've seen in parts of east jerusalem jerusalem and the west bank are a number of riots and clashes between palestinians and police. they're angry of course over the war in gaza. let's switch to what is going on today here. we've seen ground troops, continue to be pulled out of gaza. we saw a pcs, armored person until carriers loaded up on the back bed of vehicles like we did yesterday. saw that today. saw a battalion tanks pulled back are now in israel. okay, so the ground forces being pulled back and there is a contingent though, however along the border. mostly where the border fences have been knocked down.

that is where troops are positioned at this point, just out of security for security measure there. but at this point the israeli military, according to officials is just really targeting the areas where rockets are being fired out of gaza. so far today, since midnight, local, more than 60 rockets have been fired freebases is a targeting israel. big objective was destroying hamas's cross-border tunnels. that is wrapped up. the israeli military is conducting airstrikes on rocket launch positions while still going after hamas and islamic jihad commanders. having said that, there are ongoing cease-fire talks in egypt right now, in cairo, egypt. delegation of representatives, palestinian representatives, hamas, islamic jihad representatives are talking about a cease-fire agreement. this is important, patti ann, because it could determine the course of what happens next here in this operation.

there was that humanitarian cease-fire that ended about an hour ago. so far it has been quiet here on the ground. no outgoing artillery fire, no incoming mortar fire, a contrast what we've been seeing but at this point we're waiting to see what happens next. patti ann? >> john huddy live on the israel-gaza border, thank you. jon: a housekeeper find as 2-year-old girl dead in hotel room. her mother is in police custody facing murder charges. welcome news for hundreds of thousands in ohio who went days without usable tapwater. they are now being given the all-clear. live report next. also we want to know what you think. do you approve or disapprove of the job congress is doing or is it a little of both? our live chat is up and running. log on to foxnews.com/happeningnow. click on the america's asking link and get in on the

conversation

jon: right now new information

and some crime stories we're keeping an eye on. in north carolina, a man set to make his first court appearance after being arrested for the murder of a high school guidance counselor. magadan els was found dead in her apartment back in june. the suspect, 34-year-old, charmin odom lives in the same complex. a carb ton state more facing murder charges after a housekeeper found her dead 2-year-old daughter last week. police say she and her husband filed for divorce recently. she was supposed to turn her two children over for visittation the day her child died. her older daughter suffered injuries. a convicted murderer who escaped prison guards in california has been caught. jeffrey scotlanders was being transported when he somehow got out the back of a van. he was found in a nearby orchard. patti ann: now to breaking new details out of ohio. the mayor of toledo lifting a water ban that cut off tapwater for more than 400,000 people for

days. tests confirm that the water in that area is now safe to drink. mike tobin live in the toledo with the very latest. hi, mike. >> reporter: hi, patti ann. a bit of a stump but mayor michael collins wanted to remove all any lack of confidence in the drinking water. >> here is to you, toledo. you did a grade job. >> reporter: essentially the mayor wanted to communicate the levels of microcystin toxin tested low enough, nonexistent that people could return to normal life. that does not mean that this algae-produced toxin can not return to the water system. >> the issue really is, aquatic issue. we'll keep having it until we address the situation. that's with we have to do. we have to get the fund and resources in here to look how do we stop this? >> reporter: and issue mentioned there is runoff from fertilizer and farms, runoff of sewage,

solid waste, entering lake erie, overloading it with levels of phosphorus that encourage the growth of this particular blue-green algae that produces the toxin. you can generally see the algae bloom in the center of the water but the conditions were such with the wind and waves it drove the bloom over main water intake that serves toledo and ha half a million people out here. mayor collins says there is lesson. he says people have been poor stewards of this natural resource, namely lake erie. patti ann? patti ann: mike tobin live in toledo, thanks. jon: european royalty and heads of state you nighted in the spirit of reconciliation. leaders of nations once were enemies sitting side by side to mark 100 years since the beginning of world war i. also investors hoping to make up lost ground after stocks tumbled last week. a look at the markets right now shows they are not headed in that direction. what we might expect ahead.

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the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. jon: britain's prince william and wife kate among european of state uniting to mark nearly, i'm sorry, to mark 100 years since the start of world war i. leaders from belgium, france, britain and germany standing together for today's ceremony, listening and applauding each other's speeches, many of them referencing the ongoing conflicts in the world today, saying those challenges can be overcome with help from europe and the u.s. prince william says the fact that leaders of nations that once were enemies came together today, bears testimony to quote, the power of the reconciliation. patti ann: investors are hoping

for a rebound after a rough ride on wall street last week. stocks fell for a second day friday after a massive selloff thursday and the s&p saw its worst week in two years. right now the dow is down just marginally, just 11 points. we'll see what happens. charlie gasparino is fox news network, fox business network senior correspondent. let me get the title right. you're the business guy. we all know that. zap last week -- s&p last 2.7%. >> wiped out a whole years's worth of gains in one week which is kind of scary. patti ann: market watch wrote this is beginning. investors brace for return of volatility. >> i agree with that. here is the thing. there are a lost factors going on in the world, bad headlines, argentinian default, ukraine, gaza, you name it, but there is uncurrent where the real sophisticated investor is picking up when you have fed chair janet yellen going out there saying we have a good economy and raise interest

rates. most people know the economy isn't that good. so the market can't just rely on the economy. they have to rely on fed printing money and lower interest rates, when she talks about raising interest rates that scares the hell out of everybody. this is sort of scenario that should make people cautious in the markets. average investors maybe time to go into cash. the fact we don't have good economic growth, right? if this 4% gdp number in the second quarter doesn't sustain, which a lot of people say it won't, maybe goes under three, maybe two, couple that with the fact that the fed may have to start raising short-term interest rates to already tapering, which means long-term interest rates are going up, they may have very short-term interest rates sooner rather than later because they're worried about pockets of inflation, put those two together that is toxic mix for the market and economy. it will slow down the economy so the market will not have enough to rely on. that is where you see more than 10% correction. that is what investors have to worry about. they have to be very cautious.

long term, always better to have money in the markets than banks, than in the bank where you get no return. patti ann: right. >> i'm telling you right now is very difficult time. it is time to be cautious. patti ann: some of last week's market jitters, you made some reference to it is due to geopolitical issues. >> right. patti ann: you have russia, ukraine, israel-gaza. what would you say the most significant global issues impacting the economy. >> all those. terrorism is always a possibility. but i think what is worried about, the economy, and our markets, what do they most worried about when you talk to sophisticated investors? they're worried about the fed. will the fed have to raise rates? if the fed has to raise rates in middle of what is very weak economy, think about it, they have to raise rates there may be run on the dollar because pockets of inflation are occurring into commodities like oil which translates into higher gas prices. if you have to raise rates when the economy is not growing that well, guess what? that means economy grinds to a

halt. that is what people worried about. when that happens the markets will tumble, guaranteed. that is basically what the markets signaled last week. i can't tell you that will definitely happen. i will tell you be cautious for that to happen. >> mentioned personal investors moving money into cash. does that mean selling when the market is low. >> the market isn't that low. we had a pretty good run-up. you took profits now, not dumbest thing in the world. patti ann: right. >> we were above 17,000. i never tell people to pick the bottom of the market or top of the market. you want to sell when it is going down. you want to buy when it es going up. don't try to pick. i think right now is not a bad time to be a little oshkosh schuss because there are lots of weird headwinds. it may all reverse. you may get great headlines out of the world. janet yellen may come out, forget about taper or raising rates then you get back in the market. i would a little more fluid. be in more cash. patti ann: charlie gasparino.

fox business network u thank you very much. >> anytime. patti ann: jon? jon: white house says the president obama could deal with the immigration crisis on his own by end of the summer. after congress passed two bills in the house that might never go anywhere in the senate. we'll break down how the media handled this battle. a manhunt underway for a suspect caught on video shooting and viciously beating a man in a grocery store. my credit score for free, right? and then you're gonna ask me for my credit card so you can charge me me on the down low two weeks later. look, credit karma oh, are you talking to websites again? it's sayin' 'free credit score' credit karma? yeah, it's actually free. look, you don't have to put in your credit card information. credit karma. really free credit scores. really. free. fist bump.

jon: a fox news alert. fox news is reporting that israel may unilaterally decide to declare a cease fire in gaza. apparently that nation feels it has uncovered most, if not all of the tunnels that were the real objective of this incursion into gaza. here you see israeli defense forces at the exit to one of those tunnels. generally they are -- the entrances are built in houses inside gaza. then they tunnel up to 90 feet below the surface and emerge on the israeli side of the border. 32 to 36 of them have been destroyed thus far. israel feels there may be as many as 40. they are pretty much done with that work so they may unilaterally declare a cease fire in gaza. no word whether hamas will follow suit. we'll keep you updated

"happening now." patti ann: a quick look what's still to come this hour on "happening now." vicious attack at a grocery store. a brutal beating and shooting. we'll look at the evidence police have to go on now as they search for the suspect. a race against time in the quake zone. crews searching through the rubble looking for survivors. we'll tell you about the new dangers they're up against and powerful storms bringing traffic to a standstill for hours. we'll tell you what the highways are doing now. jon: a senior white house adviser now says the president could act on his own to deal with the immigration crisis by the end of summer. blaming congress for failing to act, lawmakers have left washington for a five-week recess. house passed a pair of bills on friday which probably will never be taken up in the senate. so what about the media coverage of all of this? joining us now is contributing editor and writer for the american conservative magazine, alan colmes, host of the alan colmes radio show.

both of them fox news contributors. should we expect the president to act on his own? >> i hope so. what i can't understand, maybe the media ought to focus on this. how is it they're suing the president for acting on his own in terms of the affordable care act but not implementing it fast enough when they try to stop it from being implemented but boehner says act on your own when it comes to immigration? so -- and then other people threatening to impeach him from the republican side if he does it. so a lot of mixed messages. other untold story has been that the real issue in congress has been republicans fighting with each other about this. boehner going to the far right wing of the party in order to come up with bills that will never pass either senate or be signed by the white house. jon: jim, is that what john boehner's goal should be, to come up with bills on the house side that the senate can stomach? >> i think it would be nice if they could accomplish something. it would be nice if we could

stand up for the constitution and the sovereignty of the country as well. i do agree with ala, the most spectacular untold story is the threat to our national and health security from the border. a fellow named brandon darby who writes an article has a report out last night, actually, that says there are people coming across the border in the hundreds from egypt, somalia, yemen and our dear friends in pakistan. this is darby reporting that 71 people from the countries in africa where the ebola virus is loose, that is the new epidemic, 71 people from those countries have been detained at the border. the only question is how many weren't detained? how many people with the ebola virus, which is no cure and no vaccine are walking around america today precisely because the obama administration has been so lax on border security?

jon: ha about that, alan? >> here is another piece that the media has been lax in reporting, the president has sent back 1.9, almost two million people here undocumented and why isn't that getting the kind of coverage it should get? because this president has a better record than any previous president in terms of stopping the undocumented from onlying in and getting the undocumented out of the country. whether or not you agree with those policies, that's what he's done and that gets very little attention. jon: but many say it was the president's authorization of children who were brought here, you know, as children. he's giving them legal status in this country even though they were here illegally. >> they came with their parents. they came prior to 2007 with their parents. they were not coming on their own. their parents came here and through no fault of their own they were in this country.

why should they suffer the consequences because of what their parents did? jon: maybe they shouldn't but is that what prompted this flood of other illegals coming up from central america? >> there are 450 million people in mexico, central and south america. 450 million. a lot of them are children. should they all get to come here? obama administration's new policy is to say, you don't even have to go to mexico. just go to the embassy in honduras or guatemala and some place and declare i'm a refugee, i'm a victim, let me into the country and then you get the full freight back to the u.s. of a hotel room and a color tv and a swimming pool and health club and so on. >> a health club. >> do we want to do that for the world? >> this is based on a 2008 law passed by the previous administration that gives more due process to kids from central america. this administration is questioning whether or not it wants to keep that less restrictive policy. i think they should keep that policy.

very hugh taken policy by george w. bush. >> i argued against it in 2007 and 2008 but the bush administration i don't think had any idea that we would be looking at five or six million people in this category. remember, they're all going to wind up on welfare, they're all going to get benefits. >> no, they're not. i don't know where you come up with the number six million people. >> that's the history now. >> they're already on welfare. not only that, don't you care about their killer diseases? you ride the subway every day in new york. do you want to be next to somebody with t.b.? or rabies? >> that's why we need a due process. if you have a communicable disease, there's no reason why you can't accommodate every refugee who needs solace. we're going to send kids back to certain deaths, street gangs, no families with parents that are sometimes dead. we're a better country than that and should be able to accommodate these people who need to be -- are refuge in this country. >> do you know what the health

verification system right now is on the border? they ask, do you have tuberculosis? the person says no and okay. fine. you're in. there's no verification beyond the honor system. >> we should verify and let those in who are not communicable and not criminals. >> tell your friends? the obama administration. jon: are they giving examinations to these people before sending them off to various cities all over the country? >> 71 people were stopped from coming in. clearly there's some due process going on there, getting those answers. >> we don't know how many got in. we don't know how many are walking in the streets right now. >> that's always going to be the case but obviously there's a process where 71 people were stopped from coming in because of that. jon: a lot of questions for the media to take up. good discussion. talk to you soon. patti ann: a powerful storm hitting arizona forcing highways to shut down and traffic to back up. we'll have the latest. and ukrainian troops flee into russia near the crash site of

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>> let's check out what's ahead on "outnumbered" at the top of the hour. >> democrats are appearing to shy away from president obama on the campaign trail now while republicans are embracing former presidential candidate mitt romney so what can that mean for the midterms and beyond? we'll talk about it. >> f.b.i. is hiring a contractor to grade its media coverage. what officials aren't saying about it that's raising questions. >> plus a popular shoe company sparking controversy for a new ad campaign that some are saying is sexist. >> all that plus our hashtag one lucky guy on outnumbered at the top of the hour. be there. patti ann: always interesting. outnumbered coming up. thanks. jon: massive storms in arizona bringing traffic to a standstill for hours. the storms knock down trees and

power line which is turned highways into parking lots. heavy rain also swamping many roadways. public safety officials hope the traffic will get back to normal in time for this morning's commute. patti ann: now in ukraine, investigators are searching through a new area of the crash site of malaysia airlines flight 17. meanwhile, 400 ukrainian soldiers have crossed the border into russia. moscow calling it a desertion. kiev saying the troops were rushed into territory by the rebel gun fire. jack keene is a retired general and fox news analyst. thank you for joining us. russia says the 400 soldiers deserted. ukraine says they were attacked by russian separatists. they fought back fiercely for four hours but half of one brigade ran out of ammunition and ended up fleeing into russia. what do you make of all of that? >> i have a tendency to believe the ukrainian military here. certainly they've had a lot of success in eastern ukraine to be

quite frank about it. they pushed back the rebel separatists into damascus and also into lawrence and the fact of the matter is, that's what precipitated vladmir putin to bring all of this equipment, tanks, surface air missiles into this area and i think this is a pitch battle that took place. this unit got separated. they thought if they stayed there, they rightfully believed they would be killed by the separatist rebels so they crossed the border into russia to seek refuge. it was survival for them. patti ann: last month four russian bombers were spotted off of alaskan air space. what are the implications of that? >> vladmir putin has been doing this all around the world and while many people are kind of questioning whether we're in a cold war or not, i know the president doesn't believe so. i think vladmir putin absolutely is convinced he is. he is starting it.

and he wants to finish it and win it on his terms. he had clearly wants to be the most dominant country in europe. he's willing to rebuff the yat at every opportunity he sees. he has a long range strategic view of what he sees the russian empire becoming and that's controlling and dominating many of the countries in eastern europe. so he's here and he's very determined. i think he believes also that he'll serve as president of the soviet -- excuse me, of russia for his lifetime and that's why he has this long term strategic view and he's determined to see it through. you know, he's counting on europe and united states passiveness to be able to succeed. patti ann: yeah. russian defense ministry has announced it's holding military exercises this week involving a hundred aircraft near the ukraine border. bbc correspondent says russia does this at the show of strength in the ukraine conflict.

do you agree? >> what he's doing is that he knows there's a fierce battle taking place in eastern ukraine. his offices are directing that battle. he's supplying all the ammunition as i indicated. he's displaying much of the sophisticated equipment but it's not going as well as he would like. this is about intimidation. he's bringing those aircraft in there to do that. also they're there obviously if he needs to use them, he will use them. patti ann: one last question. russia has an arms control treaty dating become to 1987. the intermediate nuclear ranges forces treaty. russia tested a banned cruise missile. president obama spoke with vladmir putin on friday about this violation. russia denied it. there is talk the u.s. should withdraw from the treaty. so far the consensus is no, let's encourage russia to comply instead. how do you believe this should be handled? >> one credit to our intelligence agency picking this up, two, i do think we should

get them to comply with it before we take any drastic steps like withdrawing it. but then again, this goes back to what vladmir putin is about. and he's absolutely convinced he can take advantage of the united states policy as he sees it in the world today and also american leadership and there's not going to be much reaction. the fact of the matter is, united states and europeans go out of their way to avoid provoking vladmir putin as opposed to confronting him and it's really at the seat of the problem we're facing. patti ann: thank you as always. >> take care. thank you. jon: a brutal attack at a grocery store caught on tape. what police say may have sparked the vicious beating and shooting. plus the desperate serve for survivors of a deadly earthquake and the new danger complicating efforts to find victims and get help to them. we are live with that. remind r happy anniversary. [ cortana ] next time you talk to caroline,

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built for business. jon: a fox news alert and once again, israel is considering declaring a unilateral cease fire in gaza and simply withdrawing. apparently the israelis feel the accomplished their primary objective in destroying those underground tunnels that hamas has been using to smuggle both material and fighters into israel or smuggle material into gaza and fighters into israel, i should say. in 2008 and 2009 when this kind of thing was happening, israel declared a unilateral cease fire. in 2012 there was a negotiated end to the agreement with ee kwipt getting involved, an arranged cease fire. israel seems to be pulling tanks

and many troops out. there is a palestinian faction in egypt right now, a delegation waiting to hammer out details of a cease fire. israel has not sent in its own delegation yet. nothing is officially signed and israel is ready to go back in and destroy more of those underground tunnels. if they find them, we'll keep you updated on the latest. right now things seem to be cooling down on the i see -- isra israel-gaza border. >> in china crews are sichting through rubble looking for survivors after a powerful quake killed nearly 400 people. now rain storms are complicating the search and efforts to get vital supplies to the victims. david piper is following the story live from thailand. hi, david. >> yes, death toll is likely to

rise as the rescue teams reached the areas. it's a struggle because of heavy rains and also landfalls blocking many roads there. 6.1 magnitude quake hit the region of the province sunday afternoon local time. chinese media says it's the most powerful earthquake to hit the mountainous area of china southwest for 14 years. u.s. ge owe logical survey says the quake was a shallow depth of about six miles and it's being reported at least 12,000 buildings were destroyed and 30,000 more damaged. the first rescue teams to arrive in the disaster area described finding dead bodies everywhere and lots of injured people outside their wrecked homes. local police, firefighters and teams and sniffer dogs were already on the scene but the sddisaster is immense. they're taking equipment to help search for survivors.

china's president has called for all out effort to find the survivors but many rescuers are struggling to reach the isolated areas. many are trying to get there on foot. thousands of folding beds and quilts are being sent but now people are surviving in the open waiting for aid to survive. in the statement, white house has sent condolences to china and says it will help if requested. patti ann: david piper, thank you. jon: some brand new stories we're working to bring you in the next hour of "happening now." deadly mudslides leaving hundreds of kids stranded at a summer camp as mud and debris cover the roads there. and the changing face of hunger in america. national geo graphic magazine looks at how poverty has evolved and spread to places better known for the american dream like the suburbs.

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jon: patty ann and i will see you in one hour with our updated edition of "happening now." "outnumbered" starts right now. >> this is "outnumbered." today's hashtag one lucky guy, he did come back. geraldo rivera. he's officially outnumbered. >> i love being outnumbered. >> yes. another monday with you is a joy. >> andrea, i really mean that this is the most pleasure as a news man sitting on this chair. >> how sweet is that? >> it's delightful. >> flattery will get you everywhere on this show. >> all of this love. i feel like i'm still on vacation. >> you're glowing from vacation. >> you are. >> i the makeup. >> you look like you had a great time. >> i did. very blessed. >> very well rested. so glad to have you