become a huge star. thanks for being here. >> thank you very much. >> you're going to be perform not guilty our after the show show. correct? >> yes. >> what song are you going to sing? >> "it's getting hot in here". martha: this is a fox news alert. a chilling warning from secretary of defense chuck hagel about how serious a threat isis poses to the united states. he called the group more dangerous and al qaeda was beyond 9/11. >> they are beyond a terrorist group. they marry ideology and strategic and tactical military prowess. they are tremendously well funded. this is beyond anything we have seen. we must prepare for everything. martha: i'm martha maccallum here in america's newsroom.

>> i'm edhenry in for bill hemmer. those comments a serious departure from what the white house said about isis. he said the analogy we use around here is if a jv team puts' lakers uniforms, it doesn't make them kobe bryant. martha: those words are not ones the president can be to come for thible with at this point. >> a big contrast. either that isis has gone varsity quickly or the president and the intel was wrong. we saw a striking press conference from the pentagon and overall lawmakers on cap hilt -n capitol hill, it's something congress will have to grapple with. isis is in multiple countries and airstrikes is probably not

going to get it done. martha: is the president going to recast his statement on this group? >> one of the things we heard from lawmakers is the president need a strategy and he may need to huddle with congressional leaders to come up with some type of strategy. president obama wanted congressional approval on syria. he didn't get that. he's getting heat from the left and getting heat from the right. some of this intel is pretty scary. martha: one of the things the president and the administration seem to be clear on is they would need some sort of coalition in this effort. is there any indication on his vacation he has been coordinating that effort? >> not with republicans. his relationships with congressional republicans including speaker boehner and

minority leader mitch mcconnell is a very our relationship. how are you going to do this so close to the elect. there are some in the tea party who don't want this kind of conflict. the war politic has changed over the last decade. martha: i'm joined by ed henry in for bill. it's good to have you here, especially because you are so connected with the administration and the white house. what are you hear being this disconnect between what chuck hagel is saying and the president that we are talking about a jv team. >> he and general dempsey went a little reporter and expected. the fact that hagel said they are stronger than al qaeda. they are stronger than al qaeda

pre-9/11. we'll have to see broader military actions. does that mean airstrikes in syria? general dempsey says we won't defeat isis unless we go into syria. you have the pentagon it sell saying that the airstrikes are helpful in getting the mosul dam back. preventing a genocide on that mountain with the religious minorities. you have got the pentagon budget. the president has been calling for cuts in the pentagon budget. if we are ramping up military action that has to change. martha: is this reflective of what we heard from others that there is a risk, the pentagon fees their hand are tied, that they are not being given the leeway they they need to achieve their goal. >> reporter: ben rhoads was

asking if isis was a threat to the united states. he kept saying it poses a threat to persons inside iraq. he said we are look at potential threats but did not suggest it was a threat to the up s. homeland. way different than what chuck hagel said. also the white house is treating the savage execution of swim foley as a legal matter. charles krauthammer with an historical analogy he this makes no sense. >> it's ridiculous of going back to the pre-9/11 paradigm of treating acts of terror as criminal matters. it's as if fdr were to announce we are going track down the pilots who bombed us in pearl harbor. >> reporter: the attorney

general promised foley's killers will be held sphonlt one way or another. martha: investigators believe the masked man you see here is british an goes by the name john and he may be one of hundreds of werers with up s. and british passports who are among the ranges of isis. >> reporter: there are estimates 500 of the terrorists they have are british citizens. we don't know how many are americans. these are people who can come back into europe and this country with a valid passport they already have. that's a real threat for the united states. martha: that's something k.t. macfarland and others have been talking about for months. we may see them at home. >> reporter: there is new backlash from that secret

mission to rescue jim foley and ultimately failed. secretary haigle defended the decision to release information about that covert mission. >> the response i got from my military friends was overwhelmingly negative for letting out the details of this failed hostage rescue. they are saying it affects our ability to gather intelligence. it also affects surprise. now isis knows we are on the hunt for them and that complicates this whole idea of surprise enormously. >> reporter: coming up we'll talk to general jack keane about that. martha: any indication why those details were leaked the? was it done to say we tried? >> reporter: the white house insists they had media outlets saying this was leaking out. we know there was a failed

mission. and there is obviously a lot of suspicion the real reason is the president is under vacation. they are under fire, they are on the defensive and they want to show they tried. they want to show i think it was clearly part of it was politics. they wanted to show they were trying. at the same time isis has become self-sufficient because it controls the oil field in iraq. the terror group sells 80,000 barrels of oil a day on the black market. that's a drop in the bucket farce the world operation goes but it's enough to fund its terror operations. they are setting their sights on other oil field in the middle east. stu, lay it out for us. how much oil isis is selling on the black market. >> reporter: stopping isis,

killing isis is a financial necessity. because the price and supply of oil for the world is at stake. as you just mentioned. isis now controls 80,000 barrels of oil a day. that brings them $2 mill a day to finance their terror activities. they have their eye on southern iraq which has 3 million barrels of oil a day. they have their eye on saudi arabia. 10 million barrels of oil a day. they must be stopped and it is a financial necessity that they are stopped. >> reporter: how have the oil markets been in recent days and weeks? just this continued u.s. military action, the potential, general dempsey saying we are going to probably have 0 go into syria. >> reporter: you could say there is a financial premium

being paid by consumers. the price of a barrel of crude is $93. many people say it's a matter of supply and demand right now. nothing to do with the threat of isis elsewhere. it could be $10 cheaper than that. so you are seeing some input into the price of oil from this isis threat. it has implications for dough dc energy as well. why don't we build the keystone pipeline and bring candace oil into america. why'expand drilling on federal lands for oil. why not expand fracking for natural gas and oil especially in new york and california. expand domestic production to make up for a lack of oil from overseas because of this is very threat. >> reporter: if isis were able to get into saudi arabia it

would have cataclysmic effects on the market. martha: we are going to talk about this this morning as well. there is news on the controversial prisoner swap. you remember this story that saw five dangerous taliban leaders freed in exchange for army sergeant bowe bergdahl. a non-partisan government watchdog group said the move was illegal in their assessment. is the administration going to have to pay a price for that? >> reporter: locals say a giant crack in the earth appeared out of nowhere and went on for miles. martha: president obama being accused of being tone deaf and insensitive for deciding to play golf right after his emotional conversation with the parents of jim foley. >> i wouldn't care if he played

golf day and night if he cared about the national security of the united states. that's the problem. grandmother with the hotels.com loyalty program, she'll earn free nights. so they're not the same, because they're different. woman: jimmy's not my grandson, captain obvious. woman: man: he's my lover. no.

>> reporter: reports out of egypt say 40 people are dead and many more injured after a crash of a tour bus. egypt's roads are notoriously dangerous. crashes kill about 13,000 people in the country last year.

martha: the pentagon broke the law when it released five taliban leaders in exchange for army sergeant bowe bergdahl according to the government accountability office, the gao. it says the law is clear they have to notify congress in advance. there was a lot of outcry that this was unethical or may have broke and law when it happened. now the gao says yes that is a fact. do you agree? >> of course. they concluded the obvious. a few years ago congress got together and said you, president obama have to give us 30 days notice before you transfer anybody off the island and they didn't do it in this instance. they didn't do it and the gao concluded they didn't give the

30-day notice. the administration acknowledged that. and the gao said by the way by spending money to do that transfer, about $1 mill you violated the law, the anti-deficiency act. this is an obvious conclusion. the question is what is the remedy. >> it was a question about money that was used to do this transfer and bring him back that was also not legit minds and passed by congress, correct? >> the violation of the anti-deficiency act is when you spend money that is not appropriated for a specific task. here they didn't have the authority to spend a million or so dollars to transfer these five guys off the island. some of us believe section 1035 of the national defense authorization act is uncost

constitutional in the first place, but that doesn't take away from the fact they violated the 30-day notice. martha: let's look at this statement by senator susan collins. the president's decision is part of a disturbing pattern where he unilaterally decide he doesn't have to comply with provisions of law for which he disagrees. where is it going to go from here? >> the price is not a time, it's not a court case in this up stance at all. the price is political. what the president has done by transferring these five guys off the island without notifying congress is poisoned the well even further for any future transfers off the island. he's burning some political chips that he really does need from the hill, especially on the democratic side to effectuate his promise to ultimately close

gitmo. martha: obviously the president said at the time he felt there was timeliness that was important in this instance and that is yes went ahead and made this decision. you point out the ramifications are sort of nebulous, he decided it was politically worth the while. >> that's exactly right. to be fair, if president bush was in solves when this deal was possible, i'm not convinced president bush wouldn't have given it serious consideration and i'm not convinced president bush wouldn't have done the same thing which didn't even exist during the bush administration. it was the democratic congress and house that put this o provision on the president. this is a political cost the administration new about beforehand and has to deal with

now. martha: if they have to deal with this in the future some of this would come home to roost. thank you very much. always good to get your thoughts. see you soon. >> reporter: what happens when the earth splits wide open. martha: heavy rains turning into flooding in the midwest and the east. >> it was the most up sane thing i have ever seen. ankle deep to knee depending on where you are standing. >> i have never seen that number of streets being flooded. (daughter) i'm really tired. (vo) the transfers. well, that's kid number three. (vo) the co-pilots. all sitting... ...trusting... ...waiting... ...for a safe arrival.

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16 feet wide. it goes on for a mile. a drone captured video of a giant crack that opens up the earth in northern mexico. geologists are stumped how it happened. some thing it was because of an underground stream or an earthquake. ed: parts of the country bracing for more wet weather after overnight storms left portions of chicago under water. heavy rains causing damage to neighborhoods in western pennsylvania. good to see you. what's happening there? >> reporter: we have a mess out here. you can see this is a main road for this town of burbank. there are still cars trapped in the water there.

this happened when we had a downpour come through our area around 3:00 chicago time and immediately people were caught. one man told us he was in a pickup truck and he was stuck. this is a while ago before you came to me. there was a woman riding on top after paddle board because of the water situation. we have got another street here that also flood. the fire department is trying to do what they can. they can't do a lot now because the reservoir is overflowing so they can't pump out anything. the storm drain -- this is part of the problem. they can't get this water out of here. one man told me his wood floors are floating on water. this is the second time in three years it flooded for him. the situation last time cost him $10,000. fema paid for some of it but

there was still a lot he had out of pocket and he's not looking forward to today. we have neighbors walking around with bare feet and dealing with it. we'll see some understand adjustors out here and a lot of people hot under the collar because of what's taking place. what are you going to do? mother nature did a dump. back to you in the studio. ed: thanks for that report. martha: attorney general eric holder taking new action in ferguson, missouri. what he's doing and what it could mean for this investigation. ed: even more dangerous than al qaeda was before 9/11. that's what chuck hail is saying. how do we stop it. >> we are all very clear eyed about the challenges ahead. we are pursuing a long-term strategy against isil because it clearly poses a long-term threat.

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ed: general martin deputy i says the terror group isis has virtually erased the border between iraq and syria. defense secretary chuck hagel laying out the stakes on the danger posed by isis. >> they have no sense of decency. they are an imminent threat to any interests we have in iraq oranywhere else. ed: general jack keane is our fox news military analyst. good to see you, general. let's start with what the defense secretary said that they are basically a bigger threat than al qaeda was pre-9/11.

>> i'm gratified to hear the secretary's comments, the chairman of the joint chiefs and the president's recent comments comparing isis as a cancer, no longer the jv. the administration minimized the threat from isis for some time and they can no longer ignore the threat. many national security comment 8ors, even on fox didn't want to go back into iraq. we cannot provide an air force for iran's shiia militia. all of those concerns are trumped about it seriousness of isis. isis is attacking u.s. vital interests in the middle east and the they are willing to attack and kill american people and people in the west and the u.s. and others in europe. this is a fact, we not and we are now going to do something about it.

reluctantly, begrudgingly and we'll put together a comprehensive plan to deal with this because we don't have an alternative. ed: what i hear you saying is you may have been he luck and the to go back into iraq. are you suggesting for you and maybe for secretary hagel and general dempsey may need to send ground troops in? >> i'm not saying that. i was not reluctant to providing a support role for iraqi ground forces. we need a ground force and air power not to just stop isis. but to defeat it. the air power campaign must be applied in syria as chairman dempsey indicated as well as in iraq. we have the target portfolios.

training areas, equipment depose and forward troop positions in the iraq as we demonstrated at the mosul dam, awful that can be struck simultaneously. what does that do? it takes away isis's freedom of movement and the initiative they have to attack any place at will. but it will not defeat them. so we need ground forces and air power to push them out of iraq and defeat them and that will take some time. i'm convinced we are eventually incrementally going to get there with a comprehensive plan to do what i'm suggesting. ed: you are optimistic we can get that job done in iraq. we would be taking on cities * potentially with air power but then you have assad technically running syria and he's not inviting us in the way the iraqis are. >> that's true. two things in syria.

we have to arm row bustly. we have miss i will systems that we need to give to the free syrian army and increase their training program. those targets i just laid out, many of them are in syria. we know where they are and we should attack them. we can deem with assad's air defense system if he chooses to engage us. i don't think he will even gage. why? because isis is his opponent. that's the reality of what's taking place. they grabbed his territory. ed: you have been inside these rooms before. when general dempsey, the chair of the joint chiefs says quoting they be defeated without addressing that part of the organization that reside in syria, the answer is no, general dempsey knows, you know, this president has been very reluctant for airstrikes in syria. he went right up to the line and held back.

was this general dempsey and secretary hagel pushing the white house on this threat? >> i think that's pretty obvious. i agree with you. centcom has developed plans to deal with isis and i'm hour they put them in front of the national security team to see what the options are. isis is forcing the president's hand to act and he's going to have to act for comprehensively than what we have been doing. all we have been doing is incrementally increasing airstrikes and sendinged a vicarsend -- and wehave been sp. general dempsey and the military leaders know what a comprehensive strategy is and i believe in time he will approve it. ed: the pentagon seems to be sending alarm bells to the white

house saying we have got to step it up. martha: the president will have to make a comprehensive statement on this. he's coming back sunday. back here at home, the justice department is very busy. in addition to criminal investigations into isis attorney general eric holder announced a civil rights investigation he wants to undertake in ferguson, missouri. what happens when the federal government gets involved in this. leland vittert is with us in washington. what is a federal civil rights investigation? how will this play out? >> reporter: right now we have 40-plus fbi agents mitting the pavement in st. louis. they are trying to figure out if this police officer intentionally deprived michael brown of his civil rights. while eric holder's visit to ferguson and promise of the feds look into things appears to have

calmed things down on the street, even the attorney general held back on making promises. >> it will take some time. but i think patience is in abundance in ferguson. it doesn't mean this thing should drag on. we'll try to do this as expeditiously as we can. >> reporter: the most recent high-profile case involving a civilights investigation is the trayvon martin case. two years since his death the doj still hasn't announced its findings. not on the would the feds have to prove that officer darren wilson deprived brown of his civil rights but he intended to do it. they have had success at times prosecuting officers who engaged in unspeakable behavior,

including sexual assault while on the job. in some cases the doj was able to make a case. those included something more complicated than an off-duty officer shooting one. in one case a judge was charged with -- the judge even held out eric holder who held a possible conference announce those indictments. ed: president obama's golf game bringing out criticsen both sides of the aisle. martha: what c that morning cup of coffee any better? one starbucks customer's good deed kept going and going and

going.

ed: we just learned the pentagon will hold a briefing today at noon. rear admiral jim kirby will be at the microphone. stay with fox we'll have live coverage throughout the day. martha: the parents of james foley are speaking out about their son. they say his biggest gift to the world was his love and dedication and how much he cared about so many others. his mother talked today about the insightful outpouring from one of his student.

>> one of his former student reached out with a beautiful tribute and said it's only those young jihadist, that jim had saved his life and the leave it of so many others. martha: wednesday the president called foley's presidents, but 8 minutes after that statement he was back out on the golf course on martha's vineyard. some critics on both side of the political aisle called this move insensitive, tone death, you name it. but aid say that the golf game did not reflect the true level of the grief the president was feeling. joining me now juan williams and mary katharine ham. welcome to both of you. listening to those word from jim

foley's parents this morning, it was truly heartbreaking. they are remarkable people. given that, what do you think about the president's actions? how do you read them? >> i think the foley's parents spoke with gratitude of the conversation the president had with them. but people across the political aisle are worried the way it looked. the president could be viewed as cavalier. it feed the fuel of critics who want to say he's not engaged. i don't think that's the case. if you come to the substance of the matter you think about the rescue mission and the ongoing pressure on him. there are two more hostages over there. >> that's exactly right. there are two more hostages who are still there. i can't get past it.

i don't understand why -- if you do have to go play golf and everybody gets the president need a vacation. we all understand that. we are talking about this instance. right? can you do it in a way that nobody can photograph you so that these insensitive pictures do not get out? >> i think you could leave a space of more than 8 minutes. when his aid say the game of golf did not accurately reflect his grief is because a game of golf is not renown for reflecting grief. that's not how peek express that. part of the issue is the american people look at a lot of serious issues going on and they see the president's attitude toward them not reflecting how they are reacting to these terrible things. on the question of whether he's engaged. let me offer from last week when he was at ma their's vineyard at a party and ferguson was

starting to heat up. his communications staff was tweeting a good time was had by all. when a cursory look at the internet would have shown him that was not the time for that. martha: we have a quote from one of the president's speaks people. he says his concern for the foleys and jim per evident to all who saw and heard his statement. and let's take a look at joe trippi's statement open this, a democrat and campaign -- this is joe. >> the criticism is fair and he's going to get criticized for it. but i would not have have id him to go to the golf course 10 minutes later or whatever it was. but he doesn't seem to -- it's like he's on his vacation so he's going to take full advantage of it after he makes

his speech. martha: it sometimes seems like the president does things because he says i don't care. i know i care and i don't care how it looks. is that a wrong assessment do you think? >> i think that's pretty close to it. one of the issues here, i think president bush identified this. president bush you may recall after i think it was a suicide bombing from israel was on the golf course and decided he was going too stop playing golf because it created the wrong kind of optics, the wrong look. that was in his first term. obama is in his second term. i think that sense of being awash in the constant criticism may have made him somewhat callous. but i think joe trippi is on to something, why would anybody

advise him to be on that course. you don't want the president to appear to be consumed by attempts at intimidating our president. i don't think that's healthy. i put that into the mix. only one handle i don't like the playing golf image and i think the critics are feeding on it, but i don't think we want to say to the jihadists, you can just make our president go panicky and run around and act crazy and stop everything because of your barbaric behavior. martha: i think that's the only legitimate reason that it's partly plausible for what we saw. but as you pointed out, the golf activity is questionable. mary katharine what do you make of that. does the president have to go on with business as usual? >> i think those are missteps. and i think i agree with joe

trippi because the american people are feeling a different feeling than he's communicating. they are going through something and they don't feel he's going through it. that's parts of what's going on here. maybe there is a positive by-product here. in the future maybe we don't ask our president to emote immediately on every single issue. that's parts of how he got elected because he was connecting to every feeling you were having at any given moment. there is just a point where you say, i'm going to slow down. i'm not going to get there in 8 minutes. maybe i'll get in later this afternoon or tomorrow. it doesn't take much to do that. my question is -- joe trippi says he wouldn't advise him to do this. isn't there someone here that can advise him not to and he listens. march already thank you very much, juan and mary katharine. ed: take the vicious killers of

james foley to court. attorney general eric holder is launching a criminal investigation. is that the right way to make is very pay. martha: the tiny creatures that could soon be head together international space station.

martha: this is going to be the one that hopefully stays with you. this random act of kindness turned into a pay it forward chain at went on for two hours. a drive-thru customer paid for the drink and said i'll pay for

the person behind me. and that began a chain of precoffee. they kept saying they paid for you. will you pay for the next person. it went on for 378 cars. >> people are still willing to do nice things for people even though the society is like it is right now. martha: how long did it last? the tampa bay times reports driver 379 not such a cheerful customer. got her coffee at 6:00. she said what? i just want my latte and i want to get out of here. that ended the chain. 10 hours, though. the first person who was the one who had to pay for two things. hers and the person behind them. ed: the person at 6:00 p.m. after the cranky one.

do rats have the right stuff to make it in space? nasa is about to send a bunch of rodents to the international space station. let's get to the claim by russians they found sea blank on living on the outside of the space station. the first reaction by most is how on earth or above the is it possible living organisms surviving in space. sea blank on is abundant living on the earth in our oceans. but 250 miles above the earth on the space station. the cosmonaut found traces of sea blank on alive and well on one of the port holes. they took swabs for another experiment shortly after that released that tiny nanosatellite. it was found living on the i

illuminator surface but nasa is still sceptical. our microbiologists are actively reaching out to the russian counts are parts and those in the research communities to see if any of it can be verified. one possible explanation it was living on the exterior of that module when it originally blasted off from kazakhstan. but trying to get world conclusive evidence that still it's there. nasa certainly hopes so perhaps by the end of this year on one of the upcoming space-xer. >> orbital car go missions. lab rats have been living on the space station a short time. these would live up there 30-90 days. the reason rats are presentable

is because their neurocognitive function. martha: we are going get some breaking news from the white house. we'll tell you what's coming up next. you're here to buy a car.

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there it is. now you're an expert in less than a minute. this is how car buying was always meant to be. this is truecar. ♪ >> we are back with a fox news alert. the white house added a press brief together schedule. we are told it will happen at 1:30 eastern with eric schultz answering questions. there will be questions on isis and iraq. has the administration's stance changed at all on this. a lot of people saying that's not enough. stay with us on fox. we'll bring that to you live if that gets underway. in the meantime the pentagon is warning about the growing danger isis poses to us at home and in america.

a brand-new hour starts now in america's newsroom. i'm martha maccallum. ed: i'm ed henry. an international manhunt is underway. secretary hail is warning the islamic state is more dangerous than al qaeda before 9/11. his top general is advising a military strategy that goes beyond the white house plan of containing isis. jennifer griffin live at the pentagon. is the pentagon planning to change this strategy here? >> it's a good question. the graphic execution has united americans against isis. the defense secretary issue sad dire warning even invoking 9/11 at one point. >> isil is a sophisticated and well-funded as any group that we have seen. they are beyond just a terrorist

group. this is beyond thinking we have seen. we must prepare for everything. >> reporter: u.s. continued airstrikes against targets in iraq. chairman of the joint chiefs martin dempsey gave a strong indication military doesn't think isis can be contained without going after their bases in syria. >> this is an organization that has an apocalyptic end of days strategic vision which will eventually have to be defeated. your question can they be today he feeted without addressing that part of the organization which resides in syria the answer is no. >> reporter: until now the u.s. limited its airstrikes to the iraqi side of the borderer but most of isis' command and control is in syria. a twitter act believed to be linked to isis issued the following threat, quote.

we'll deliver the next message with a new american victim as a courier mail. the hashtag was a threat to america. there are three americans, a journalist and two aid workers being held. the state department defended its decision not to pay ransom for u.s. hostages while pointing fingers at other governments who have paid millions. >> one of the ways isis has been funded throughout this conflict is threw ransom payments others have paid. reporter: the foley family said in an interview they underestimated isis and they also revealed that the pope reached out to the family in a phone call which they described as extremely comforting to them. ed: attorney general eric holder

raising eyebrows when he announced a criminal investigation into foley's execution. >> when holder says we are going to track down the people who did this, i mean it's as if fdr were to announce the day after pearl harbor we are going track down the pilots who bombed us in pearl harbor. the idea is not to privilege anybody to justice, it is to defeat the army essentially, the people who are running the operation. that's what we learned from 9/11. and i'm not sure the president has learned it yet. ed: chris stirewalt is fox news digital editor. has the president failed to learn the lesson from pre-9/11? >> reporter: i know the lesson he did learn. libya hangs over the president's intervention as part of an allies western force in libya.

when he pulled back in syria the first time to take out bashar al-asaad's regime there, libya was have much around that discussion. the exercise in libya had not gone well, it has been something of a disaster. now, you hear the pentagon pushing the president. you have got to get in there. get the coalition together. france is ready. get a coalition together and we have got to engage. is he willing to do that? i don't know. that's not something he has been willing to do since the libya debacle. ed: it seems you are talking about two different fronts within the administration. you have dempsey and hagel seeming to send a message to the manltder in chief yesterday. you can't do this by containing isis. you had general dempsey who had been reluck and the in the past saying you are not going to win without going into syria. and you have got the attorney general saying let's take this to court.

>> when you have dysfunction in an administration, we saw this certainly with the bush administration, often these disputes within a cabinet start being litigated in public because the lines of communication breakdown or because the president isn't engaging the parties, they take it public. that can be damaging. the trust goes away and the public is not reassured that the white house knows what it's doing. ed: the administration would say it took a lot of time but now they put the chief suspect into court. and they believe, look, he's going to be brought to justice. what's wrong with that. >> reporter: that's good for the family of those who were killed there. they would like to see everybody brought to justice. but if you were concerned about the geopolitical strategy of the region libya has turned into sang hole.

those are two different issues. leaving after he side this one individual it's time to take care of the larger cause and start getting to work killing isis itself. ed: good to talk to you today. martha: we'll see what the white house has to say about their take on this when their briefing gets underway at 1:00. in the meantime missouri's governor ordering the national guard to begin with drawing from ferguson, missouri. tensions have begun to cool off. another night of peaceful protests as demonstrate jars march near the spot where an 18-year-old was shot to death by a police officer. adam housley is live in ferguson with more on this. so sea dam. you almost head hate to say -- you almost hate to say it. >> reporter: earn at the height of the unrest, in ferg soon the

height of the unrest. we are talking about a four-block area where all the civil unrest unfolded. for the second straight night, for the third straight day. you will see these signs in the front of homes and businesses. hang on windows. basically saying i love ferguson, trying to repair the community and show people it's okay to come here. this is the epicenter where everything went down. this is the store mike brown went into. it's open. the people inside are friendly. necessity remain open and they are ready to move on and hope some changes are made as well. as we move down the street. this is a street that had been shutting down at night and the marches and standoffs had been taking place and the arrests. you can see it's back to normal as cars and delivery trucks. it's very good news for the people in general.

when you hear from the missouri state highway patrol they talked about it was basically a lot of people protest again. you had church groups praying, you had mixed races much plaque and hispanic and asian as well trying to join and move this to a different direction that we have seen. and a lot of people hone it remains that way. ron johnson was the missouri state police said a lot of the miss work was help can that maneuver. take a listen. have you * the changes came from a lot of hard work give the citizens of this community, the citizens of the state, and the men and women of law enforcement that have been out here and dedicated effort to make this community safer. >> last night we spoke with one the business owners. i happened to rub into him on accident. he says he's ready to recover and has had a lot of outpouring of help from the community. >> adam, thank you very much.

thanks, adam. >> a political reunion of sorts is igniting talks about 2016. mitt romney and paul ryan the 2012 white house ticket appearing together for their first joint interview since losing that presidential campaign. romney criticizing the president's leadership, particularly on the issue of foreign policy. >> i believe the president has made extraordinary errors in the middle east that contribute to the growth of isis and the danger it represents to us and the world. the president's policies contributed to some of the crises we are seeing around the world, whether in ukraine or syria, in iraq, and other places in the world. northern africa, to name just a few. ed: megyn kelly addressing speculation within the gop that romney to make a second run at

the white house. >> many people are wondering which of the two of you will be gop contenders. congress manage ryan who do you think will make a better president, you or governor romney. >> i give it to him. >> he's very generous. but i had my turn. it's his turn now. ed: i had dinner with someone in new york who said he sat down with a lot of big money people in new york who finance campaigns and they have gone back to mitt romney and they said you have got to run. right there he was suggesting i had my turn. but this suggested that romney is rethinking it. martha: when you are surrounded with people who say they will support you with the money, it will be really interest if that story came around again. edclaimed that and his wife convinced him to run the second time and he didn't want to run the second time. paul ryan clearly has a new book out.

ed: remember that foreign policy debate where romney says russia is our biggest geo political foe and the president laughed him off and it turned out to be true. martha: an amazing story of determination as an olympic swimmer walks for the first time since she was paralyzed in an accident. >> but i'm so thankful to be alive. that's why i can be positive about it. you know. it helps get me through the pain. >> reporter: video as she takes her first steps on the road to recovery. ed: isis on the march. what is the key to stopping this terror group. does the u.s. need to go into syria? martha: a rush to the rescue after a bus hits a woman. >> she was pleading really bad on the back of her head and the bus driver didn't seem like he

was worried about it.

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this is the lyric. lyric fits comfortably right next to your ear drum to deliver truly natural sound quality. in fact, 95% of users prefer lyric sound quality to their old hearing aid. now the miller twin with lyric can hear and do most everything her sister does 24/7. an invisible hearing aid is wonderful. finding one with zero daily hassle... too good to pass up. call 1 800 411 7040 right now and ask about your risk free 30 day trial. get a lyric in your life. martha: the pentagon raising the likelihood of expanded airstrikes against isis. the crisis in iraq has bent focus of intervention. but the chairman of the joint chiefs of staff says there is no way to take down this islamic state without also crossing over into syria and attack can the

sunni militants on their home turf there as well. very happy to be joined by robert ford, the senior ambassador to syria and jim walsh a national security expert at m.i.t. ambassador ford, let me start with you. you said you believe it is time for airstrikes and perhaps more in the syrian -- the country of syria. the lines are blurred these days, correct? >> i actually don't think the lines are that blurred. i think airstrikes might be something useful as part after broader strategy. but airstrikes alone do not solve the problem. martha: what do you wreck at this point? >> we have to take some lessons from iraq. and we have had some successes in iraq in the last month and we have to look at those strategies and see how we can apply the same successful strategy to syria. >> i want to play a sound bite

around the time of the discussion around the time of the discussion of the red line by the president and the chemical attacks that were used by the administration in syria. an interview was done by gregg palkot and dennis kucinich with bashar al-asaad. he said he felt the foe he was fighting was not just rebels and the free syrian army but he felt they were the majority al qaeda in his country. let's play that and get your reaction to that. >> most of the jihadists when they come to syria they don't come through countries or organizations. they come by plane to neighboring countries and cross the border like any other one and they just want to come to syria for the jihad. other jihadist. 80% to 90% of the rebels on the ground are terrorists, al qaeda and their offshoots. martha: he was saying at that time he believed he was being

attack bid outsiders and he was legitimized in fighting back. jim walsh in retrospect what do you make of those comments? >> i don't believe anything bashar al-asaad said but in that case he was saying we are fighting al qaeda. it's not our fault. that wasn't true. there was a peaceful domestic group in syria that he brutally put down. then rebels of all stripes, some islamists, some secularists and some persecuted minorities took up arms and as the war has gone on we have now been at war every years within syria, it has been more radicalized. but in the beginning that is not true. they were not all al qaeda in the beginning. martha: did we miss a crucial moment by not helping the free syrian army and about we had at that time the president said congress would not give him the to do, what that have changed

the situation now? would we not be dealing with isis in the way, shape and form that we are. >> we provided some help to the free syrian army and the people who are more moderates. we have been doing that for about a little over a year now. but not nearly enough to make a big continues. going forward in what is a three-way civil war. it's not that blurred. it's a three-way fight. you have a vicious assad regime, you have got whacko extremists of the islamic state an al qaeda offshoot and you have rebels. going forward helping those moderate, rallying them to be able to both contain the islamic state and then to press assad for a negotiation to get a new government that will rally all syrians against is lambic state,

that is the way forward. martha: if we end up going after those elements across that syrian border. clearly that is something assad would likely not object to. gentlemen, thank you very much. that's all the time we have today. ambassador ford, thank you for being here. great to have you back at always. ed: public opposition appears to be growing as the crisis continues at our southern border. back to school time and some school districts have to educate thousands of kid. >> nl all talk of immigration reform is pointless until the border is secured because washington mass no credibility on the matter.

ed: justin bieber facing controversy in his own country. "tmz" report ad canadian border official after allegedly accepting a bribe from his entourage. $10,000 worth of backstage passes to allow entry of beeb ear es entourage with criminal records. canada has a strict policy letting in people with certain criminal convictions. bieber's representative had no comment. who would have thought a border crisis by "the beebs." make me read that. i will not live that down. martha: we don't usually get brought into your segments, never say never. ed: i appreciate it. martha: we can have the music again for you if you like. thousand of young illegal immigrants are gearing up for

new school year this country. some school districts are scrambling to accommodate undocumented kid we reported on so much here. rasmussen phone survey shows most taxpayers do not think the children should be allowed to attend local schools. texas governor rick perry calls latest fallout from what he says is a bad policy. >> to this day the president has yet to see the fact the on the ground on our southern border. even though they are a direct consequence of his own policies. children, a thousand miles from their parents, they're vulnerable and afraid. they're drawn here by rumors of amnesty. martha: general goof associate, senior contributor for the heritage foundation the daily signal. she joins me now. good morning. >> good morning. martha: these people have a dilemma on their hands when school gets started.

what do you think? >> the rule of the land, law of the land, back in 1982 supreme court passed a, pass ad case i should say, upholding the fact that illegal children, in this country illegally have the right to public education. so, may 8th of earlier this year, the department of education, department of justice sent a letter to school districts around the country saying you have to let these children come in. the reality they don't even have to prove they're living in the district. many are with guardians, not with their parents. basically show up i'm in this area, i'm living here, the school districts have to let them in. martha: seems so incongruous, there are lots of cases in this country where kid try to go to school in another district so the school is better over there. >> yeah. martha: if you're an american citizen you can not sneak across the line to go to a school outside of your neighborhood. how do you justify that? >> you can't justify it. if they can't prove they're

living somewhere, many of these kids don't have papers or validation with epthis they basically can claim they're homeless. that is what they're told do. the school districts have to let them go to school. we have to be careful to focus all attention on the children because it is the law and i don't any of us think these children will be better off in the country uneducated. the problem is not that. the problem is the fact they're here in the first place illegally. so you, interesting that the department of justice send out a letter saying we've got to enforce this law but same department of justice has not been very good enforcing our other immigration laws where that is their job. that is why it is so important enforcing border security and other immigration laws and not enforcing laws once the children and other illegal immigrants get here. there is a cost here. governor rick perry talking at heritage yesterday. governor mary fallon, governor of oklahoma actually wrote a piece for the daily signal on this issue and she said, look,

one in four children in oklahoma already are not graduating from high school. one in four children in oklahoma, already are at the hunger level. now we're piling more children into the system. martha: you know, you're saying you have to deal with the chicken before the egg. i agree with you. i can only imagine what the ow cry will be in classrooms already so overcrowded many areas. the parents are going to be extremely unhappy is my guess. when these classrooms get more crowded and kids there legally are not getting attention they think they deserve. >> you're right about that. what i would encourage parents to do, i wouldn't protest at schools. what i would do is go vote on november 4th because reality is, the problem in washington. rick perry was right yesterday. our lawmakers are not standing up. so anybody who is up for election this year, if you have got kagan in north carolina or mark pryor in arkansas, ask them if they currently stand with their party? if they stand with president

obama on this issue. ask their opponents where they stand. people can make a difference but you do it at ballot box. i wouldn't protesting children. it is not their fault. martha: genevieve, thank you very much. >> thank you. ed: new fallout over the release of five taliban detainees from guantanamo in exchange for sergeant bowe bergdahl. a top congressman joins us live to react to a report that the obama administration broke the law. >> the biggest issue here is the violation of a policy that the united states has had for, for many, many years that we don't negotiate with terrorists. we made americans less safe here and all around the world. and, and, we're going to pay for this. woman: jimmy, all of these travel sites seem the same.

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martha: we got word we'll get a couple of news conferences coming up. pentagon briefing gets underway at noon we understand. press secretary rear admiral

john kirby will speak to reporters at that one. we may hear more about the investigation into the murder of american journalist james foley at that event. there is also a white house briefing we learned of a few minutes back. that will get underway in martha's vineyard where the president will is on vacation. that will happen at 1:00 p.m. ed: the pentagon broke the law with the bowe bergdahl prisoner swap, that claim from the northern partisan government accountability office. the gao said they failed to give congress 30 days notice for exchanges of five gitmo detainees for sergeant bowe bergdahl. both parties placed decision after the news of the swap leaked three months ago. >> president needs to look the american people in the eye and explain to the american people why he was justified in releasing the five individuals and why their background didn't demand and mandate that they be

detained at guantanamo for indefinite period of time. ed: joining us now, live, congressman trent franks from the house armed services committee. good to see you, congressman. >> you too, sir. ed: what do you do now? this non-partisan branch says the pentagon broke the law. is everyone in washington say, okay we learned that now and they broke the law and move on? >> i think that is such an important question. the reality is, i admittedly criticized this president for sort of socializing our economy and giving us a politically-driven economy that unproductive. i have criticized him for dim minuting our influence in the world and our national security apparatus. but the most dangerous thing this president has done is holeds himself unconstrained to the constitution or to the truth or to his own word or to the law. and that is profoundly dangerous, because if that, somehow causes future presidents to do the same thing and disseminates generally into the government, then i've got to tell you, ed, congress admit the

founding fathers dream is dead. call the queen of england and apologize for that little unpleasantness called the civil war. go home and board the windows of capital up and go home, load the shotgun wait for the one last little debate when the barbarians break down our law because the rule of law is dead. it is vitally significant issue, when a president of the united states in a republic holds himself unconstrained to the law. in this case that is exactly what happened. ed: what do you think? you lay out a pretty dramatic series of events. i know there is a little bit of hyperbole there. >> there is a little bit but the underlying issue is profound. ed: what do you now about it for now? specifically for months you talked about the signal sent by negotiating with terrorists? >> well, that is exactly right. when secretary hagel came before the armed services committee, my focus was to point out that

almost every person, every noble soul in the uniform of the united states would have rejected this notion of trading their freedom to somehow turn five extremely dangerous terrorists loose on the world. if the president had sent the entire marine corps in after bowe bergdahl i would have been okay with that. but somehow signal to terrorists all they have to do to bring america to its knees is to kidnap one of our own, and hold them for ransom, it is a signal to the whole jihadist world, to go out and do it again. and it is extremely dangerous. i'm afraid, sadly, i don't want to see anything politically to exacerbate the tragedy with the james foley but i'm afraid james foley is an example of that in his family and friends are feeling the tragedy more than anybody else could possibly imagine. ed: congressman, i want to get the pentagon's side in here. admiral john kirby put out a statement last night, the operation to retrieve sergeant

bergdahl was lawfully conducted. the operation itself was lawful and judgment of the justice department. nothing has changed about our view that was lawful recovery operation. you mentioned james foley in that awful beheading this week. does the commander-in-chief not deserve latitude? i understand what the law says about 30-days notice but some latitude to bring back sergeant bergdahl safely as he did to make sure he was not beheaded? >> there is no question that the president has latitude but has to within the constitution and law. this law was very, very clear. in this case i don't fault the pentagon. i do fault the administration for seeing this process go forward and i have to say i know the president, as you mentioned, his default position is that the justice department said that it is okay and another little element of hyperbole here, to somehow ask eric holder to decide what is legal is a little like asking a blind man to judge your art contest. and the reality is, this was profoundly outside of the

boundaries of the law and it has significant implications for our men and women in the future. i'm afraid we sent the message to the terrorists, again, that this president will vacillate and not do what is necessary in times of crisis. and, just, brings a smell of fear to their nostrils and they are, are supercharged in that terrorist mind-set. it is something that we have to get ahold of as a people. ed: congressman trent franks joining us live from arizona. we appreciate your time. certainly laying out the stakes pretty starkly there. good to see you. >> thank you, ed, very much. martha: it is an amazing medical milestone for the olympic gold medalist who was told that she might never walk again. >> there is a good chance i wasn't going to make it out of surgery. so it was one of those things where i looked at my husband and basically said, i love you. good-bye, please continue on with your life. >> remember that? we're going to show you how she

has proved everyone wrong. ed: new calls for the prosecutor in ferguson, missouri to take himself off the case of mike brown because of his past. should he step aside? a fair and balanced debate coming up. >> african-americans didn't vote for him. >> you keep saying that but you won't answer my question. how will you find somebody who african-americans do trust. what if the white community doesn't trust that person. that's why we have elections for these positions. ♪

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martha: prosecutors are calling for a special prosecutor to handle the fatal police shooting of michael brown in ferguson, missouri, but the county prosecutor is refusing to step aside in this case. last night make again kelly got into the with the missouri state senator behind the push for his removal. >> african-americans didn't vote for him you. >> keep saying that. but you won't answer my question. how will you find someone

african-americans community does trust. what if the white people in the community don't trust that person. that is why we have elections. >> megyn, we can find someone fair and impacter r parkal of the at end. day, the black community they have had issues with him in the past. talking about a prosecutor who allowed for two police officers, 10 years ago, to be freed by way of a crime that occurred in the city of st. louis where two police officers literally shot 20 times into a car, with men that were unarmed. okay? >> grand jury refused to indict in that case, ma'am. martha: there you have it. it's a hot topic to be sure. guy benson political editor of town howl.com, fox news contributor. emily sussman and rod wheeler former washington, d.c. homicide detective and rod, let me start with you. you spent a lot of time in

ferguson. how do you think this issue is being viewed by people on the ground there? can mccullough give this a fair as assessment in my mind? >> my opinion talking to number of people on the ground in the city of ferguson as well as people in st. louis county, let me say this, the tensions are high there. the tensions remain high there. peel there are really, they don't like the police chief. we know that. but as far as mccullough is concerned, the facts are the facts. we have to give this guy the opportunity to at least do thinks job. and i honestly believe if the people of ferguson and those other surrounding counts if they elected to this guy to the done, he needs to be afforded opportunity to do his job. if they don't like that they don't need to vote for him. it is important real quickly, martha, this prosecutor was elected four times before. if you don't like the guy but don't vote for him. but here is the real problem, african-americans in that community, the facts remain that they do not vote in their

elections. less than 12% of african-americans voted in the last election in a city that is 75% african-american, and that is reprehensible. martha: great point, rod. emily, go to you on this the background, when he was a young man, a young boy, mccullough's father, who was a police officer killed in altercation with a black suspect. that is the grounds for which they don't believe he can be fair in this case. what do you think, emily? >> so i think that a person's background definitely does not determine the way they will handle anything moving forward. sure, it can personally impact you. but as officer of the law, that should be his first and foremost duty. the greater concern, comments he made, the way he handled cases in the past, you know, underlying all of it, as the detective pointed out, really massive mistrust of the law enforcement and prosecution between the black community and the enforcement there. and this case is unusual in all sorts of ways. there has been, eric holder

said, this is the opportunity to take a tragedy and reform a community. so we should be doing everything we possibly can, the state there, the county, to make sure that happens. they brought in, as you said, they didn't trust the police chief. they brought in the highway patrol. they trust him. the evidence is being flown out to a federal lab. if, prosecutor rebuild the trust they should certainly consider it. martha: 40 or 50 fbi agents on the ground. the best way to instill trust in the investigation is to do a very exhaustive and thorough investigation and make sure that the results of that investigation are shared with everybody. guy, what do you think? >> yeah, let's get the facts. i think the reason that we're seeing a lot of these calls for this particular prosecutor's ouster is, it arises from a frustration that he hasn't moved more swiftly with indictments. my mind flashes back to the trayvon martin situation where there was a lot of heat an anger from a community saying we need an indictment now. the prosecutors respond to that emotionalism with a bunch of

charges they ultimately could not prove in court and george zimmerman was acquitted which led to another round of anger and outrage and recriminations. we need to know what actually happened on that shooting and we're hearing conflicting and contradictory things about it. until we have that information, it is irresponsible to demand any sort of indictment because the facts matter. martha: do you agree with that, rod? >> well i do agree with that but you know, here is the better question, martha? let's say this prosecutor recuses himself. okay, so another prosecutor is appointed. let's say there is another segment of the community don't like him. so let's get another prosecutor. where does it end? the issue is not the individual prosecutor. the issue is our justice system and we collectively, all of us, everybody on this panel we want justice. we don't want, like the governor said, we don't want to persecute somebody vigorously without giving them a fair shake. that is what this governor indicated he wants to do. we don't want that. we want justice for the police officer in this case and we want

justice for the decedent in this case. only way we get that by all of us working together to find solutions, identify one individual only because of him. martha: yeah, agreed. rod, thank you. emily, thank you. guy, thank you. good to see you all. >> thank you, martha. ed: it is skydiving like you have never seen it before. we're taking a ride with the red bull air force team, next. ♪ when you run a business, you can't settle for slow.

that's why i always choose the fastest intern. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. 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. martha: remarkable comeback for olympic swimmer amy van dyken

roun, she is taking first steps since being paralyzed in an accident earlier this year. look at this video. what a moment for her and for her family. it has been less than three months since her spine was severed when she was thrown from an all-terrain vehicle. she won six gold medals in the 1996 and 2000 olympics. that is sign of hope for some people that suffered injuries and incredible work. wish you well, amy. ed: those pictures right there. >> what a great point. ed: might have seen them high above city skylines now. the red bull air force is giving as you closer look what it takes to pull off their high-flying stunts. bill hemmer spoke to one of those members. look at this. >> miles dasher is one of them, with me out of idaho. you are amazing. the stuff you twice are doing dropping out of these planes, tell just so our viewers have an

idea, first what does this feel like, miles? >> yeah, i'm just really fortunate to be on the red bull air force. we're a team of professional athletes. we're with a pretty high level of athleticism. we kind of try to take the parachuting sports to the next level. we're doing different things. we're jumping kayaks out of airplanes. we're flying swing suits around gates, underneath helicopters, trying to reshape and prothe sport of parachuting. >> just wonder how you learn something like this? where do you practice for crying out loud? so you started -- >> in the sky. >> you started this new thing called, racing in the sky. and you have four different gates set up at different altitudes. >> yeah. >> you're flying at speed of 160 miles an hour. how did you come up with this? what do you want to do with it and how does it work? >> yeah, that's a concept that luke aikens, our teammate, he kind of went for that one. we kind of help feed him

information. here is what we think, here is what we think. he says, okay, this is how it will go. we started the event called red bull aces. basically four at a time getting out after sky van only built three wide, so crowding each other in the door and piling out with wing suits on and doing gainer exits. a lot of bumping and running going on out the gate. once you're out of the airplane and you're actually racing head-to-head, just like skier cross. that is in the olympics. >> used to have a phrase, insane in the membrane, brother. and you have the disease. so stay safe. i know you have a parachute, that you deploy at 3,000 feet but, it is remarkable stuff and thanks for sharing your story, miles. miles dasher with team red bull, the aces in idaho. thank you. ed: bill hemmer, that is what bill decided to do. you stole my joke. he is not doing that i swear. martha: all right. well the pentagon is issuing a

dire warning about the growing global threat from isis. why the defense secretary chuck hagel says the u.s. needs to take a serious look at developing some might say a strategy. [ male announcer ] nexium®, the purple pill, is now available

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martha: comedian chris rock getting his money's worth at yankee stadium of the was there for a day game against houston. foul ball was there for the grab. funnyman did this. nicely done. the actor next to him, he did the right thing, gave it to a kid. that is what you're supposed to do, we've seen some people who do not do that. we will not names. nicely done. >> really cool. lost first two. finally won. chris rock. martha: ed, we hope to see you back here very soon. have a good trip to washington. you're on seven more times today. >> like to grab me when i'm in town. >> like to take advantage of you

everywhere we can. i'm on "the kelly file" at 9:00. "happening now" starts right now. jon: ed henry get to washington, there will be a white house news conference later. we're waiting for a pentagon news conference just about one hour from now. defense secretary chuck hagel already issuing a stark new warning, calling isis, an imminent threat much. >> isil is a sophisticated and well-funded as any group that we have seen. they're beyond just a terrorist group. we must prepare for everything and, the only way you do that, you take a cold steely hard look at it and get ready. jon: well the white house and the administration used term isil, most media still call it isis. hagel said all options are on the table to defeat that group as the u.s. steps up airstrikes.