to school? >> no, i don't. i think it is distracting to boys. and not great to wear yoga pants to class. >> i feel privileged to be here. >> this is happening now. fox news alert. we are now learning attorney general eric holder is launching a criminal investigation in the murder of james foley. that development coming as the u.s. ramps up air strikes targeting terrorist in iraq. >> i am molly line in for jenna lee. >> the u.s. drones taking the fight to isis after the barbaric execution of james foley. >> that group is threatening to kill another american they are holding and the president obama will keep up up the pressure on

isis. the justice department pursuing a murder investigation. i wonder again about the timing of all of this. and why not leave it in the hands of the military at this point? nwell, among other things. the justice department and president believes that issues should be handled by the justice department. they did that in the case of a bu ga tta la one of the leading figures in the benghazi terror attack. they were able to snatch him out of downtown benghazi and put him on a navy ship and now he is in the criminal justice system. in all fairness a lot more people are convicted in the civilianilian than the military systems. >> some are suggesting that the white house was caught flat-footed with what happened to foley.

and now wants to pursue the isis group that the president dismissed once. >> they admitted in the white house that they were surprised about the quick spread of isis from syria to iraq. and if it were laid over the map illinois to virginia, they were surprised that about that. they were not surprised about the hostages, early this summer the president authorized and special forces tried to rescue foley and others held in syria. they landed on the ground in syria behind enemy lines and engaged in a fierce fire fight and unable to find the people. apparently they were not there. they have done everything they could to save these guys. but there is no question that we

are behind the curve when it comes to confronting the threat of the middle east and the u.s. home land represented by isis. >> and the president came in office largely because of his opposition of the war in iraq and promising to wind down the war in afghanistan and apparently the pentagon is talking about putting more boots on the ground to stem the isis crisis in iraq. the president clearly cannot be happy about that, and yet, he's using words like relentless and vigilant in this effort he said in the new's conference against isis. how can you be relentless and vigilant, if you are going to basically not promise or not put boots on the ground? >> we are not going to get involved, the fact is, we are not going to get involved in terms of putting major forces.

the 300 troops would provide security in the embassy in baghdad and irbil. and 300 troops are not making a substantial difference on the ground anyway. one of the things that the president is concerned about if i could imagine and also from what you have heard from his advisors, he doesn't want to make this an american war. he wants the u.s., if the iraqis form a more inclusive government to provide aid and support to an iraqi military effort and i guess the model would be what happened around the mossil dam. an extraordinarily important strategy operation. if they were to break the dam it would flood the river and valley. they are talking about a 65 foot wall and tsunami all the way down in baghdad and combinaegz of kurdish forces and iraqi

forces and american air strikes pushed back isis and pushed back. >> and the u.s. will be involved, but he's trying to limit the scope of our involvement there. >> the polling and the latest fox news polling back in june, suggested that the american public is with the president. when asked if you approve or disapprove of the u.s. action in back in iraq. why did you take from the leak from the white house that the raid took place to release james foley before he was executed, what do you make of that? >> there are two arguments. what the white house is saying and that a number of new's organization were learning about the raid and about to report it

and the white house decided to get all of the information out yesterday. i was anchoring special report and as we were on the air that all of this story broke. they are saying we put it out because it was going to come out anyway. people suspect it is an effort to try to show they haven't just sat on the sidelines and obviously they are concerned about reaction to the brutal execution. that's the only way you can say it. the savage execution of james feelo and had done their best to fro him. it is two factors, this is going to come out anyway. chris wallace, the anchor of fox news sunday. >> you bet. >> be tune to in to fox sports sunday, chris will be talking to dr. ben carson about ferguson.

>> in ferguson, authorities say the crowds were smaller after days of clashes and violence with the police. we are hearing from attorney general holder about the status of the police shooting of michael brown. >> the people were concerned that there was not going to be the investigation that i promised and in fact will occur. we have worked diligently out there. and i have a briefing from the fbi agents and prosecutors who are involved in this case and significant progress has been made and it will take time. >> and in clayton, missouri, adam, what are the demands in this case that are being made? >> reporter: five specific demands that were handed out. the marchers are headed this way and we'll show it to you live. first demand is that officer darren wilson should be fired

and he's on paid admip administrative leave. and should be charged with the death of michael brown. there is a significant police presence and a state senator was part of the coalition. it is a mostly black coalition. nation of islam and green party as well andnaa c p. >> they would not let her in but she was let in to deliver the 70,000 signatures. you can see the march ares coming this way and they will be stopping traffic as they move to this direction and they are leading the coalition. justice for michael brown and they are claiming that there is a genocide here. and if their demands are not met, they will cause more civil disobedience is what they are alleging. and they come toward here right now. and they are saying that eric

holder's visit was not successful. they gave his visit a d- minus and he didn't meet with them and they feel he is come back and take full charge of the investigation. you can see them trying to enter the courthouse. it is not a large group. probably about 50 people. and at the same time they are holding up signs of don't oppress me. and this is seven miles from where michael brown was shot. and you can see as we go here live. this continues and they are saying molly that they are going to continue this and more civil disobed yeaps where michael brown was shot if their demands are not met. >> michael brown, thank you very much. >> just how much can investigators learn from three autopsies on michael brown? in a few minutes we'll talk to

a famed forensic pathologist who conducted one of those autopsies. dr. michael biden. a new twist on answers for fast and furious. a federal judge ordering the justice department to hand over documents. two guns tied to fast and furious were found in the scene of the murder of border agent brian terry after he was ambushed in 2010. william is live in los angeles with that report, william? >> john, you may recall that congress held attorney general holder in contempt and the judge citing partially with congress and telling holder he has to show his hand and reveal what he is hiding and he must provide a list and a description of what each document, report or memo or e-mail says and not the actual

document itself. >> holder claims that they are confidential and protected by executive privilege and congress said they are entitled to the documents because of the oversight role especially when it is involved with incompetence. and fast and furious, the administration sent assault weapons to the cartel. holder said it was stupid and carried out by a few managers. and congress doesn't buy the argument and believes there is a cover up and held holder in contempt. brian terry died in december of 2010, and remains of fast and furious were found in the crime scene. washington denied that the operation existed and denied responsibility for it. and documents showed otherwise. yesterday the federal judge giving the justice department october onest to hand over the

log to the house over sight committee and then they will argue over what is protected and what is not. a legal battle over separation of powers and legal documents of why fast and furious happen and why the administration denied walking guns when in fact it did. >> it will be the most transparent administration in history. william, thanks. mitt romney took a lot of heat about the 47% about american dependence on government. and new information shoes he was not far off. we'll explain. justice department hit bank of america with the largest fine in corporate history. we'll tell you why. and we want to hear from you. do you think that the obama administration should have revealed the military information by isis.

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right now two american missionary workers treated for the ebola office is out of the hospital. dr. kent brantly and nancy writebol contracted it. dr. brantly making an emotional statement in the first hour of happening now as he was discharged just this morning. >> i am thankful to all of those involved in my care from the first day of my illness all the way to today. you cared for me and ministered to me in the most defendant experience of my life. >> it left more than 1300 people dead in west africa. >> three autopsies were conducted on the body of michael brown. the unarmed teen shot by

a police officer in ferguson, missouri. it is unclear what happened to the 18-year-old before he died. that many autopsies are fairly rare and could complicate the investigation. joining us now the forensic pathologist who performed one of those autopsy. >> you have been on the road a lot and had a chance to look at this well known cases from the o.j. simpson simpson trial to the murders of president kennedy and martin luther king junior as well. but in this case, part of the reason you were there as a second eye was because of the parents? >> yes, it is not uncommon when a death occurs in an entcowerer with the police for the family and community to be very upset and suspicious that lately medical examiner is part of a cover up because they work for government and police.

the fact that the family wanted a second autopsy is not unusual. even though the st. louis medical examiner. they are first rate. and i would suspect that my second autopsy and federal and federal, the third autopsy will come up with the same findings. six or more gun shot wounds. the intefrpitation is always, they need to know the circumstances of what happened and information that goes beyond the autopsy and that is what will happen here. witness statements and forensec statements that is worked on. >> how common is a second or third autopsy; is that rare? >> it is unusual and most of the time because there is a death in custody or with the police or notable cases when you find that

somebody had a number of spouse to died and there is a number of deaths and babies in the family. i have been involved with the federal government and one- fourths of these situations in a 50 years. is there a concern if it is a different result. >> if it is a different result that can create a problem that the jury. and how dow and who is telling the story. i don't think that is an issue here. it is the findings that are clear and other issues will come up depending on the credibility of witnesses who have different

versions of what happened. and the medical findings. had the officer been seriously injured before he discharged his weapon and have to be taken into consideration. >> i know you have had a busy district attorney. >> it was a top secret rescue mission. and it failed to find american hostages held by terrorist in syria. we'll look at what might have gone wrong there. >> bob mcdonnell revealing information about his marriage as he takes the stand in his corruption trial.

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>> it's being called the largest civil settlement ever. the justice department announcing the bank of america will pay 17 billion to settle federal and state allegations and knowingly solid toxic mortgage securities. eric general holder said the fine is appropriate. >> and $17 billion will help the government fund some of its support programs. we are learning about how dependent many americans are on the the u.s. government. the census burro said 110 americans live on welfare. that is more than a third of the population and a massive increase since obama was elected. and we'll talk to charles. i was astounded to read through

the figures. 49.5 percent of the population in a house hold that receives social security or -- respiratory >> it is a one- growth industry that is ballooning and getting huge. they are on public pensions and in the long- term take out more than they put in. and what is scary about this. and the numbers are scary and think about the cultural issues, it is more that people don't care. in the old days, americans are not against a helping hand. but we have a cultural situation where it is more than that and it is almost acceptable. the stigma is gone with accepting the check.

my mother lived in the housing project and there was a stigma that she made sure her kids didn't live in a housing project. >> 96.2 million reside in a household where people receive a check from means, or welfare. >> it is the growth of the public sector versus the private sector. you would expect a natural spike after the financial collapse and great recession. but the problem is, why hasn't that subsided. and clearly the private economy hasn't worked and that's why you see what is going on here. it is an economic story and a cultural story. people have no stigma of taking a check anymore. and i find that fascinating. >> 150 million people getting

benefit. that is like part of the old soviet union. >> and if you threw in the state numbers, it would be bigger. the pension issue that i brought up is one of the looming crisis. it is a ponzi scheme. people are putting money in and taking out a lot more. and as chris christie and andrew cuomo of north america do not make significant cuts to the public sector payrolls. you will see those pensions become insolvent. >> that's what they are facing in new jersey and will soon in new york. >> thank you. and the hunt for isis militants taking on new urgency after one american journalist was executed on video. and what we are now learning about the masked man who beheaded james foley and hamas exchanging more rocket fire with israel as airlines are warned to

stay out of the way. we are live on the ground.

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fox news alert. a state department briefing about to get under way 15 minutes or so from now. we expect questions on the murder of american journalist james foley. we'll bring you updates as they come in. and meanwhile, new clues are emerging on the identity of the

masked man. amy kellogg is in london with more on that. >> reporter: the biggest tip comes from a former hostage who recognized the killer in the gruesome video. the hostage told the guardian newspaper that the man went by the name of john and was part of a terrorist that captives called the beatles because they were britain. >> they had a leadership role in guarding the foreign prisoners who are valuable to the islamic state organization. and 11 are released after ransom demands were made. details have not been disclosed. >> another former hostage. and he was held with james foley

in syria and he recognized him as john. foley had been treated worse than other captors because he was an american and because his brother was in the air force. the uk government believe that 500 british citizens have gone over to fight in iraq and syria. one other member of parliment said the number is closer to 2,000 and so the fear is not so much about them traveling to other countries, it is the fear, brits do that returning jihadist will carry out attacks on british soil. intelligence services are going to be using something similar to finger prinking to try to match

the voice on the isis video to voices in their data system. if he was not on the radar screen, it will prove difficult to find out who it was. that's what the experts are saying now. and the synthetic's expert as accent being multicultural london english. it is widespread here and includes a lot of people under the age of 30 and it is a whole kind of a mix acent, but it being apply to so many people, john. needle in a hay stock. >> let's hope they get the animal who pulled out the knife. new details on the attempted rescue of american hostages including james foley. and they were thought to be and they were not there.

and retired navy captain chuck nash. thanks for joining us. >> your thoughts on the information being released? should it have been released? >> absolutely not. just because the washington post or the new york times or any media outlet comes out with a story. it is based on classified information which this was. and does not give the right nor the demand for a government person who has access to such knowledge, the right to confirm the story. and there things that come out all of the time that should not be confirmed because our enemies are listening and we are talking too much and leaking from the top. >> you know, some of the information released they were there and seeking the americans and they were not there and went to a second information.

and can that information give the enemies information of what we do when we get on the ground in secrets? >> all of these things will allow the enemy to start to derife the tactics and risks and how far we are willing to go. all of those things are useful pieces of information. and again, when you have people who should. you know the old thing about those who are talking don't know. and those who aren't talking know. the thing in we need to keep in mind in this information age. and the islamic state is attuned to the social media and internet. they are not just transmitting, they are receiving and analyzing and looking at every single move we make.

we shouldn't school them. >> and what about the cost to the human elements. sources on the ground? >> when you flap your lips, you put people at risk. and human intelligence for all of its frailties. one of the things that drove us after the cold war. it was a counting war. how many tanks and airplanes and silowers. use overhead systems and count things when you get in human intelligence you have skin on the game and people are putting their lives at risk talking to you. and not knowing whether you can trust them and you out them and it takes generations to rebuild that trust. >> captain chuck nash, thank you for talking to us. when you talk about skin in the game, you can see how vicious isis can be. thank you for your insight. >> you bet, molly.

associated press reported that hamas admitted to kidnapping and killing three israeli teens in the west bank in june. this is the first time anyone from the terrorist group said it was behind the attack that contributed to the outbreak of the violence that is ongoing in the gaza strip. john? >> reporter: yeah, we're still waiting to independently, fox news is, to confirm whether those who are claiming responsibility are indeed members of hamas. that said though, the kidnapping and ultimate death of the teens inflamed the situation and the conflict of israel and hamas and what is going on in the border and that, of course, was part of the series of events that spiralled the fight that lasted over six weeks. that said, since the ceasefire

was broken there have been rockets and we saw the damage from the rocket strikes. you are looking at a hole that hit this health care clinic in the kibbutz which is a neighborhood and on the israel and gaza border. this was a crateor and it hit the area. and severely wounding a man who at the time was trying to get people in to a shelter and he himself was outside of the bomb shelter and got hit. we are told that the area was evacuated because of the number of rockets hit it. and people can choose to stay if they want. >> you want to live your life and be on the normal routine and put your children in the kinder

gart ep and go to work and you can't do that. it is being a refugee really. >> in response to the constant rocket attacks since tuesday, the israeli military hit back with missile strikes and hit 160 targets. including a house that three senior hamas commanders were in and killing those three commanders and wounding others. and we are still waiting to find out if hamas' main leader, mohammed def was killed in an israeli air strike on tuesday night. we have not received official confirmation though israeli military officials told fox news he was killed. we have received no proof either way. so far more than 2,000 palestinians killed and 10,000

wounded. back to you. >> thank you, john. >> and a grand jury hearing evidence in the killing of michael brown. could the officer involved in the shooting face criminal charges, plus this? (horns) he's going to hit you. >> the story behind the wild footage coming up. moderate to severe is tough, but i've managed. i got to be pretty good at managing my symptoms,

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hour. >> amazing video out of the uk. officers responding to a report of a car traveling wrong way down the highway at 50 miles per hour. those officers risking their life. and the driver turned out to be a 77-year-old suffering from dementia and he was not hurt. now back to ferguson, missouri where a grand jury started to hear evidence and will determine whether a police officer should face charges in the killing of unarmed teenager michael brown. >> joining us is criminal defense attorney ashley merchant. and welcome to both of you. we want a transparent process here and we want to know exactly what happened. you are not getting that out of

a grand jury, ashley, do you see that as a problem? >> i do. i have regularly tried to subpeona grand jury transcripts what they consider, and unfortunately we never know. they are secret can private and we'll not know what happens in a state grand jury and never know what happens in the federal grand jury either? >> what is the advantage of taking it to the prosecutor. >> he doesn't have to make a decision. he puts it on the group of people and asking the question. do we charge this person? that is a political sa vvy move. if they make a decision that is unpopular, he is not responsible and they are. and that's why they go to grand jurors. >> one of the criticisms is that the district attorney mcculla his father was a police officer that was shot and killed by an

armed suspect. >> and some people are saying robert mcculla is not a fair and impartial prosecutor because of what happened to his father. what do you think of that? >> we see prosecutors that have a law enforcement background and they tend to be drawn to that prosecution type work. it is not upusual to see machine with a background or family members with a police. if his dad was involved or son. but this is an elected official. the people of ferguson elected this man to represent him and knowing he would be the prosecutor in cases like this. that's what he does. >> speaking of elected officials, the governor of missouri jay nixon wants a vigorous prosecutions of the officer and how does he know

that the officer did anything wrong here? >> listen. a case like this is never going to escape politics and of course he's saying that. it is not necessarily what is courageous or based on fact. i don't know. that is a decision that the grand jury has to make when they look at the evidence and consider the loss. if you think that politics has nothing to do with this, you are making a big mistake. it happens in the cases of police officers as suspects. >> i spent three years on a grand jury and i know how they work. ordinary citizens deciding whether the fppreponderance of e evidence should charge someone with a crime. in this case it is turned over to a panel of ordinary citizens, right thing to do? ashley, go? >> ashley? looks like we lost our conneksz

to ashley merchant. back to you. >> and a grand jury is a useful tool because they operate in secrecy and look at the evidence and tear it apart without the bis that a prosecutor might bring to the table. that being said, the real problem is that the community is upset about what happened and there is clearly an undercurrent of emotion and passions are flared, and juries from out of the jurisdiction should be used but that is not how the system presently operates and i do think there needs to be new legislation on that. >> the passions are flaring because of the local and national politicians. thank you, both. >> thank you. >> and potentially ground- breaking benefits of botox, could it be used to help fight cancer and could gas mowers like

this be a thing of the past. the new law mowers that could change your sunday routine forever.

sduning new research regarding the possible benefits of botox. it's commonly used to smooth out wrinkles in those who want their faces to look younger. but it might also help some forms of cancer. the tox in botox is a toxin which disrupts nerve function to relax muscles. now a new study says it could also stop the growth of stomach tumors and make tumors more responsive to chemo. the researchers call it an encouraging development.

now for a look at a new invention that could be coming to a backyard near you. introducing emo, the first self-fuelled lawn mower. >> i know you enjoy pushing a mower around every now and again, but for most mowing the lawn can be a bit of a chore. and unfortunately it's often made worse by expensive fuel. >> i get to the gas station in the morning and load up. by the end of the day, i have to go back. >> reporter: john cummings has been mowing lawns in new york for 25 years. but recently he says he's been battered by the price of gas. during the 1990s your fuel costs were low. today, they are squie rockkyroc. >> they are out of control. i can't make up for it with the

prices i charge on the cuts. >> reporter: cummings says it costs three times as much to mow a lawn as it did when he first sta started. in fact, he says modern landscaping is a business model that is now completely dependent on the price of gasp. >> i wanted to find a way. >> reporter: which is exactly why jason force invented, emo, the first self-fuelled lawn mower. >> so your invention takes grass clippings and turns them into burnable fuel. >> it basically does it it instantly. >> reporter: emo cuts lawns like other mowers, but uses a vortex drier to remove any water from the clippings and heats and pressurizes them to create pellets. >> so you call this the gas reactor. it's the heart of the mower. >> that's correct. the pellets go in the top. there's a reaction, fuel gas comes out the side and you can use that in an engine to create power. >> reporter: the technology will first be use d to create alfalf

feed for lye stock. then in a short time inside commercial mowers. a time cummings says can't come soon enough. >> it would be unbelievable because that would be one less major bill i have a month. i can't imagine. >> reporter: the unimaginable will be cutting the tall grass by the end of next summer. back to you. >> that was absolutely fascinating. thank you for bringing that. there's a lot of people out there with big yards thinking, wow. >> there you go. >> thank you, douglas. new developments to bring you in the killing of american journalist james foley. the justice department announces a criminal investigation into the beheading. a live report, ahead.

kittens rescued behind a wall. people heard the meows from the wall. they found the kitten and pulled it to safety.

they u found three others back there as well. it's believed they were born on the roof of the shelter. we're told they are all doing fine. that's your awe moment for the day. >> great to have you here. >> thanks for having me. >> thank you for joining us. "the real story" starts now. fox news alert. we are now waiting for more details on the failed mission by special operations forces to try and save the lives of american hostages being held by isis terrorists. hi, everyone, i'm gretchen carlson. this is "the real story." defense secretary chuck hagel will be at the briefing, chair of the joipt chiefs of staff will be there. they are expected to take the podium a little more than an hour from now. they will speak for the first time since jaim foley was beheaded. this also comes at least two other american journalists, their lives continue o hang in