jon: coming to the end of the week. do you have another hour in ya? heather: okay. with you, sure. no problem. jon: all right. we will be back here in one hour. "outnumbered" starts right now. heather: a lot of good stuff. ♪ ♪ >> this is "outnumbered," i'm kimberly guilfoyle, and here today, sandra smith, kirsten powers, actress stacy dash and today's hashtag one lucky guy, legal analyst arthur aidala, and he is outnumbered. have you ever seen a man look so happy? [laughter] >> let me be honest with you, i just came back from a long vacation with the whole family, whom you know. i woke up this morning, kimberly, and i thought of you when i looked in the mirror because i looked like a combination of bozo the clown and grizzly adams. [laughter]

i'm back into work mode, and i'm very psyched to be covering it with all four of you. >> great to have you. >> all right, fantastic. happy to have you. we given with new concerns about the threat from isis. top aides to president obama expect the terrorist organization to last beyond his time in office coming on the heels of a new report from a counterterrorism center at west point which found isis didn't just appear out of nowhere, this was a crisis four years in the making. house intelligence committee chairman mike rogers saying there were plenty of warning signs, and the threat to the united states is growing. >> our fear is that this notion if we just don't do anything, everything is going to be okay, is going to continue this is as dangerous a threat matrix as i have ever seen in my time on the intel committee which is about ten years. >> all right. those comments startling, but perhaps not surprising given the strength and the frosty of this terrorist -- ferocity of this terrorist group, hell bent on the destruction of anybody who's not following their way.

>> well, the president and his administration should not be caught off guard by this, the red flags have been there for quite some time. it is a crisis now, and given this group a lot of time to accumulate a lot of money. k.t. mcfarland points out all the time, this group was broke as of june this past year. but through taxes, through gaining oilfields, they are raking in the money, and it is making them stronger by the day. and now there is an immediate, as congressman mike rogers put it, an immediate concern about our own borders. talking about the group's ability to attract foreign fighters, americans, canadians in particular. he's estimating that about 500 canadians are now part of isis. you're talking about a threat to our northern border of this country. this is an immediate threat that has to be, as mike rogers put it, dealt with now. >> yeah, absolutely. all right, i'm going to bring in stacy dash, great to have you. >> thank you. >> so, you know, lots going on. and people, of course, having some criticism of the president

saying how could you miss this, and if you knew about it, why was there such a failure to act? >> well, you know, the greatest trick the devil ever played on us, on the world is getting us to believe he did not exist. obama thinks if he closes his eyes like a kid, it's not there. he ignored the problem, and now it's a crisis. i believe we have to strike. they killed an american. but i don't know if he's going to do that. >> you'd like to see some leadership from the white house. >> absolutely. and we've yet to see that. so i don't know where it's going to come from. anything that happens in the future from isis is going to be on his hands. it's on his hands. >> and then, of course, now, kirsten, you see the reports saying isis will outlast the president. they expect due to the strength of this organization, and as sandra mentioned, receiving so many donations as well, private donations -- >> local donations. >> absolutely. you know, private individual donors contributing to this cause, and now it's not just in the middle east. you have people coming from all over the world, europe and canada and the united states

joining their cause. >> yeah. well, yeah. an administration official told james rosen that they think probably isis will outlast the president which is a pretty frightening idea when you see how quickly they're metastasizing, right? >> yes. >> if you think of this a couple years down the road, what's it going to be like? they need to get on top of this immediately and eradicate it. it can't be the sort of thing we say, oh, we need to learn to live with us because they're going to eventually attack the united states. >> does the president face the ip evidenten reality this should never have reached this point on his watch? >> i think so. i think the fact that, of course, it's great that we have a report now that's saying that this was going on for a long time, but that's just common sense. these kinds of things don't happen overnight. >> right. >> they don't -- >> but nothing was done. >> i was going to say, if i'm allowed to disagree with ms. powers who knows a lot more about this than i do, the president of the united states in a not too long ago article in

the "new yorker" magazine referred to them as the junior varsity team, the jv team. now, i blame him, but more i blame the people around him. because he's garnering that information which leads me to believe that he does not have the best and the brightest people around him giving -- >> advising him -- >> the chance to know they're not a jv team. and they're about to go into the varsity league, and we better -- >> but you're not disagreeing with me, because that's exactly what i was just saying. you don't need a report from west point to tell you this is something the administration should have known. there's no way a group like this can -- >> well, i feel better i didn't disagree with you. >> yeah. [laughter] it has to be for a long time, it's not something that just happened overnight. >> yeah, don't disagree with kirsten. [laughter] >> i'm terrified! >> i know where my bread is buttered here on the fox news channel. >> if you're into that kind of thing. laugh so now the question is

what to do about isis. we're awaiting a decision on whether or not to carry out airstrikes in syria as he is scheduled to meet with members of his national security team today at four p.m. eastern. meanwhile, the daily beast is reporting mr. obama wants to decide by the end of the week and is calling on his staff to come up with a plan as soon as possible. senator lindsey graham is criticizing the president for not dealing with the threat sooner. >> he had a chance when he drew a red line with assad and did nothing about it, he allowed this problem to get worse. and my belief is that the commander in chief is derelict in his duties to get ahead of this problem and protect the homeland. and if we don't hit these guys in syria, there's no hope of stopping them. and the goal should be to defeat these guys, not contain them. >> stacy, it seems if you're just going to focus on one area, just iraq, and not expand these strikes into syria, you're only dealing with half of the problem. >> right. he's not dealing with the whole thing. and i love the way he prepares

for war like a college kid prepares for a test and crams the night before. this is ridiculous. >> it's true. >> it's absurd, you know? the problem is no one believes he will do anything because there are no consequences with him. he never follows through. >> well, and the thing is, sandra, i'll go to you, he was out golfing, he was having his vacation. when the nation is in crisis and we're under attack and an american is beheaded, don't you think it should be all hands on deck? >> yes. >> shouldn't it be sitting there in a briefing room getting up-to-date, realtime information from the cia, from the the fbi -- >> unfortunately, i think that's a welcome distraction for him at this point, for us to talk about golfing, because there needs to be a comprehensive plan put in place. that's what everyone's been asking for from the left and the right, kirsten, and the question becomes is it more military action, is it more strikes in syria? the argument is that that has limited capabilities. or do you hit isis where it really hurts, and that's

financially, okay? >> right. >> because by the day, i mean, you're talking about they're bringing in over a million dollars a day just from oil revenues, okay? they're getting stronger, they're financially savvy, they're strategic, and they are growing. as we just talked about, they are recruiting, they're coming in from europe, they're coming in from canada, they're coming in from america, and the money only empowers them more. >> yeah. i think what is needed is an end-to-end strategy that looks at every aspect of it. i think senator graham really oversimplifies the syria situation, but the president needs to come up with something else and to explain the situation, the difficulties in syria, there's so many jihadists and they're all intermingled and it's very hard if you're striking isis there, you're helping assad. we have to figure out what to do. but at a minimum in iraq we need to have a clear strategy, and the president has not treated this really in a comprehensive manner. he has talked about it as a hue pantarian -- humanitarian crisis

but not as a threat to the united states. >> a terrorist threat. >> what's being woven through this whole discourse is there's a lack of leadership. what you're saying, and i agree with you, is he needs to step out front and explain everything to everyone regarding the threat and regarding the dangers to americans. but i'll be honest with you and, kimberly, this is a very non-lawyerly answer -- >> okay. >> and it's a very nonconstitutional answer because he's supposed to go to congress, everyone's supposed to work together. i don't want to know how he's going to fix the problem. i don't need to get a daily briefing, the cia is going to do this -- >> you don't want to telegraph it. >> no. just go fix it. go get it done, find out where they are ask wipe them out. i don't need to know. i just need to know that my son is home safe, and how we get there, let's just make it happen. >> what you have to understand which is a fact, this is not just a group. they are a militia. >> uh-huh. >> okay? so we can't approach it like this is just a group. they have been planning, they're prepared, so we have to go in the hard. >> yeah. it's a terrorist ideology.

it's not about the name of the group, because that could change next week. but this group is well funded, and i agree with you. dealing with an octopus like this, you've got to cut off all the tentacles and crush the head in. cut off their funding because you can't just do airstrikes, it won't be sufficient. despite president obama's claims the economy is improving, a startling portrait of a new normal. what the sorry numbers say about the true state of the economy. and senator kirsten gillibrand says some of her colleagues called her fat after she has a baby. what it says about sexism on capitol hill. stay with us. ♪ ♪ ugh. heartburn.

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confidence the government will be able to alleviate the nation's problems in the next year. this is despite the fact that the dow and s&p, the general stock market, continue to soar to record highs and new numbers today showing our economy grew at a brisk pace in the second quarter after a sluggish start to the year. arthur, it's -- does it shock you that people just are in general still not feeling better this long after the recession? >> well, first of all, definitely does not shock me, number i one. number two, there's just not that, like, rah rah atmosphere there was in the '90s when clinton was involved and here in new york giuliani was involved. there's this aura of, like, we're doing really well right now, and that's gone. i can tell you as a small businessman -- because that's what i am, i run a small law firm -- people are still hurting financially. they don't have the expendable income. yes, they can make the car and

mortgage payments, but when they get a blip in their life where they need the hire a lawyer for $500, they used to have a bank account with 25 grand, and they don't have that anymore. so there's just not that -- it may not be happening. in other words -- >> it doesn't feel like -- >> out of the recession, but we're not thriving. we're not, let's go buy a porsche. >> and that used to be the feeling that americans would have at the peak of bull markets which we're in right now. so, kirsten, there's this major disconnect with wall street at record highs and main street still not feeling great. >> right. well, and i think it also depends on who you know. there's some people in industries that are doing very well, and in other industries they're not. so i think it's depressing, really. you know, when you get right down to it, it's just depressing this has been going on for so long, and i think it's, americans are typically very optimistic, right? and so even when we're in bad times, usually we look forward and we think, oh, but we're

going to get out of it. it's going to get better. seeing something like that depressing. i actually don't agree, i think we are going to get out of it. it's coming very slowly, but it says something that people feel this is so entrenched that they can't imagine it changing. >> and one thing, stacey, that i expect to hear a lot of in the upcoming elections is to hear democrats on the president's behalf, the record-breaking stock market, but also the up employment rate, that headline number has dropped under the current president. >> yeah. >> but that doesn't always give you a true representation of the jobs market. >> no, exactly. statistics are like bikinis, what they reveal is suggestive, but what they conceal is vital. [laughter] in a bad economy, that's all. and conservatives finish. >> i use that? >> conservatives need to run on good enough is just not good enough.

>> certainly some parts of the country are feeling much worse than others. you live out in california where there's still a lot of folks that are really struggling. kimberly, when we talk about the headline unemployment rate -- i'm still getting over stacey's comment. >> i am. i'm still visualizing it. >> nice thing to visualize. [laughter] >> that's a problem, you're hitting on it, are these going to be long-term gains that are sustainable? unemployment because people are in jobs that aren't going to be part-time employment, that's the problem we talk a lot about on "the five" as well. you look at a temporary job because people are shying away, businesses, from hiring people in long-term positions because, guess what? then they've got to provide health care, number of hours, benefits, all kinds of things go hand in hand with that, and they don't feel confident enough in the direction of the country to be able to do that. and there's a lot of factors that come into play in that regard, you know? and decisions that are being made. >> bottom line is rutgers says people respect feeling better. we hear ya.

part of that widespread worry over the economy, skyrocketing enrollment in food stamps. according to data just released from the department of agriculture, the number of people enrolled in s.n.a.p. has remained above 45 million for three straight years every single month. kirsten, to you first on that. >> well, this makes sense based on what we were just talking about. i think the fact that the economy is not doing well makes sense that more people are going to be needing assistance, right? >> but, wait, i have to challenge you on that. the message coming from democrats right now and from the president himself is that things are much better. he just said in a speech that they've created millions of jobs and that the unemployment rate has come down and the stock market's at a record. >> well, those are all true statements. i think that -- >> why are so many folks on food stamps? >> well, no, because the things you just said are different. >> okay. >> they're focusing on the things they can focus on that are positive.

so it's true, i mean, when obama came into office, we were shedding millions and millions of jobs, and now we're adding jobs but not a lot of jobs. but not a lot of jobs we're adding, so that's a true statement. it doesn't change the fact that people are still hurting, there are a lot of people who don't have jobs. all of these things are still true. and i think to get this kind of supplementalknow how many littlu have to have? >> but you can have a ton of money. i deal with this. i represent people who are getting the food stamps who don't deserve it. it's cultural. they have part-time jobs where it's off the books, they have all kinds of cash. so they go in and get the food stamps for the food, the cash for the beer. in the movie "cinderella man" when the lead character, russell crowe, had to finally break down and accept the money from the president, it was the lowest point of his life. and when he won the boxing match and he got the money back, he went back to the government and gave it back. that's unheard of today. >> yeah. >> today if you can get it for free, if you can get something on the arm, i might as well do

it. that's why they cheat for sandy relief, 9/11 relief, katrina relief. hey, if the government's giving it out for free, i'm taking it. >> you've got a lot of energy. >> bums me out. >> just another way of the government holding people down. they told you what you can eat, where you can shop, what you can get. it's not -- they make you believe that you need them to exist when really the free market should be allowed to produce jobs that pay higher. >> that's one thing about the economy, it's another what it means. >> well, that's the problem. she's right about that. why don't we want to encourage economic independence and give people, you know, a hand up versus a handout? i don't -- >> exactly. >> nowadays when you see people getting these entitlements, once they get it, they don't want to give it back. >> encourage hard work and prosperity. some are wondering if the democrats can be trusted with our nation's security if they keep the white house in 2016. and you won't believe some of the nicknames and the sexist

comments senator kirsten gillibrand says she's dealt with from her male colleagues. we have all the details on that, quite shocking. ♪ ♪ @"

♪ ♪ >> welcome back to "outnumbered." if you watch or read any news, it's no surprise to you that problems around the world are increasing concerns about national security. with the growing threat of isis in iraq and syria to the conflict between russia and ukraine to the fighting between israel and hamas, some are saying global conflicts are reframing the politics of the '16 election. quote: in a foreign policy election, as it looks like we're going to have in 2016, the stakes are a lot higher than picking among the one-person brands who populate presidential politics now. party matters, policy history

and belief shapes foreign policy decisions in a time of crisis, so one must ask: can the democratic party be trusted with international security? >> i kind of want you to answer that. [laughter] >> please. i really want to hear -- >> well, i think the question can be can either party? i don't think either party has done a particular good job. i certainly wasn't happy with the way george bush handled situations -- >> but americans have short memories. >> and i think, well, and i'm not happy necessarily with how president obama is. >> what is your problem with the way president bush -- >> well, if you -- >> he left us in a far better position than we are now. >> oh, i don't think so. we wouldn't even -- the things that are happening in iraq would not be happening had we not invaded iraq. >> that's true. >> it's 100% true. isis would not even exist if it wasn't for what george bush did, and they certainly -- >> because we would have left the brutal dictator in lace -- >> you know what, kimberly, who

would you rather have? iraqis would rather have saddam hussein than i, is -- isis. >> i'd rather that america be free and safe, our children -- [inaudible conversations] >> okay? and this democracy-spreading idea doesn't work, and this is proof of it. isis wouldn't have lasted five seconds in that country if saddam hussein was there. he didn't tolerate these kinds of people, and i'm not saying i like saddam hussein. i think he was a monster, and i'm glad he's dead. but in terms of what's best for the united states, this is certainly not it. >> i strongly disagree. >> you think we're in a better situation? >> when everything was stabilized and they were in a good position in 2008, i think they were very happy for the united states -- >> kimberly. >> -- and they got a taste of the freedom we enjoy. how selfish to have a world view that says -- >> how can you say that? [inaudible conversations] >> the only problem with iraq is

that obama did not stick to the sofa agreement, you know? the statute of -- >> status of forces. >> status of forces agreement. we didn't leave anybody behind when we should have. [inaudible conversations] or. >> i answer the question? okay. [inaudible conversations] >> isis was in the country, isis grew i out of al-qaeda in iraq. al-qaeda was never in iraq before we invaded, and that happened while we had 100,000 troops on the ground. >> the question was -- >> focusing on the -- >> -- can the democrats, who's best equipped to handle this, and i think actually your initial answer was i'm not sure -- >> nobody. >> right, nobody. both of them, nobody. once again, we need to make sure we have the best and the brightest doing what they do best. >> yeah, but wait -- >> i don't care what party you're in, as long as you're keeping us safe. >> let me use hillary clinton as an example, because she tried to

distance herself very clearly from the president's foreign policy. you agree with that? >> yes. >> she did so, and rand paul labeled her a military hawk, correct? >> i think she is a hawk. >> wouldn't that alienate then anybody who was the obama/warren supporter on the planet? >> yeah. i think so. i thought it was not a litically smart -- politically smart thing for her to do, but these are her instincts. >> who else in the democratic party are a hawk? there aren't a lot left. there are a handful of people who have been criticizing, eliot engel, for example, criticized the president for not being more aggressive on syria, thought we should arm the rebels. there are a few, but you're right, sandra -- [inaudible conversations] >> wait, you guys are going to fight in the next 24 months -- she scares me. in the next 24 months -- [laughter] nobody has more of a vested interest than keeping america safe. he's got a huge ego, and he's

very focused on his ego, and if one hair of one american gets hurt on american soil, he will by far undoubtedly go down -- >> and you know what? he doesn't care -- >> no, he does care. >> policies that he cares about more. >> i think he does care. >> he's interested in the transformation of america and this country being an apologist. >> but -- [inaudible] [inaudible conversations] >> i want to agree with stacey with respect to the reason why the fault of this, this breakdown, is because we had an administration that failed to put in any plan to establish stable democracies for all the hard work and suffering and blood and sweat of the american forces that went over and risked everything. that's why they're all pissed off. >> that's right. >> because they tried to lee this world in a -- leave this word in a better place, and unfortunately, that's being up ralphed now because we have a president that is disengaged and has no common sense when it comes to national security. now deal with isis. >> i think our allies no longer trust us. >> the idea that -- >> because of that.

>> would you? >> somehow that iraq was ever stable is a fantasy. [laughter] >> i have so much more -- [laughter] >> somebody's got to pay the bills. [laughter] be it seems sexism is alive and well on capitol hill, at least as according to one top lawmaker. new york senator kirsten gillibrand revealing some of the uncomfortable end counters she's had with her male colleagues and the comments they've made about her weight. in her new book, she talks about the time a male colleague came up to her at the congressional gym and said, good thing you're working out. her response? thanks -- [bleep]. [laughter] one senator walked up to her, squeezed her waist and said don't lose too much weight now, i like my girls chubby. [laughter] >> oh, thank god. i thought you were going to me. what am i going to say about that? >> if anyone said that to me, i'd hit 'em. [laughter] you know, is it sexism?

i don't know if it's sexism. i just think it's rude. it's rude. i mean, you don't speak the someone that way, you don't say that kind of thing to someone. >> but who's doing it, the young pups or the old dudes? >> probably the old dudes. the old dudes, you know, they think they're being charming. >> i think it's embarrassing that somebody even feels like they can say something like that to someone who just had a baby or anyone, for that matter. >> it is cultural. and to your point, old dudes versus new dudes, guys who are 70, 80 even -- >> they don't think there's anything wrong with that. >> -- it's different than it is today. we joke around, but there is that invisible line, you know? as much as i flirt with guilfoyle, and it's a lot of fun -- [laughter] i know there's a lot -- by the way, she crosses the line all the time. [laughter] you know, i observe the line. and everything that was said here, for the record, i think is absolutely inappropriate to tell the senator from new york. >> right. >> that's way out of order, that's way out of line. >> let me take it to the hill,

my sister from the hill. what's the deal? what's going on over there? >> i do think it's a generational thing. i do think it's sexism because -- >> we do call each other fat and ugly and bald. seriously, all kidding aside, i get ragged on all the time about my shoes, my hair, my bad breath, whatever. >> maybe they were walking up and grabbing each other in the gym, i don't know, the guys. i think it's a generational thing. if i had to guess who did this, probably somebody who was in their 70s, it probably -- >> who just didn't know. kind of a bob we beckel type. [laughter] >> all those guys who you see on the television show "mad men." drinking a soda and throwing it on the sidewalk or throwing it on the street was normal. that was normal as well. >> all right. well, we can all hope to evolve, can't we? even the boys on the hill. well, it looks like a surfer's dream in southern california, stacey, but hazards remain as coastal areas brace for another day of high tides and swells from hurricane marie.

and, ladies, you know what it's like hearing those cat calls when you're walking down the street? [laughter] there's one. one woman is loving it and is urging other women to embrace it. [laughter] ♪ ♪

♪ >> hey, baby how you doing? that is one of the many catcalls women hear walking down the street. some ladies find it offensive, others embracing it. one woman claims she loves male attention. hard hats need something to look at the lunch break. i can be that objectified sex thing for them. what is wrong with a guy saying to you are sexy?

okay, is it sexist or you know, are they good or demeaning, are they flattering? >> you answer first. >> go. >> i grew up, i'm from the south bronx. i grew up with it. you hear it, ignore it. as long as you don't come within arms length it is good. >> i don't mind it. >> i don't mind it. >> when i was younger i didn't like it. it used to bother me. this is so sexist, now, i'm like, if it doesn't happen, excuse me? so now it is good. >> you give a little extra shake >> what is it like to be kimberly walking down the street? >> well, listen, i mean, let men be men. i just love them. but then, if you can't get into a cab, or stuck there, it gets really out of control. or have my little boy there oh, he is kind of used to it at this point. you know, look, men are going to be that way. what can you do? they mean it in a nice way i think. like they find you attractive or

they want to just pay a compliment. >> there is certain type of catcalls that are offensive. >> you tell us. >> i don't know. you are the recipient of the catcalls. >> you're the one giving them. >> nobody notices me walking down the block. >> as long as your arms length. >> sometimes you really don't want to hear it i'm sure. >> can i tell you what my move is and you're offended. sandra, you're walking down the street and i see you, this doesn't happen often, but if it happens, if the moment strikes me, this is my move. i'm going to say, very slow, like this. you know, you walk by. clapping. and, i would say, the success rate is about 90%, you get a smile. >> i would same thing. >> same thing. it just, and i would think, i don't know about the ladies, but i get up had in the morning i get dressed i want to look in a

certain way that is appealing to people and i would love it more people let me know that i -- i will tell you, kimberly, my first year in law school. i had to do something early in the day. everyone dresses down. i had to do something i walked in a suit. my professor was like, a female professor, like, oh, you look great. she goes, yeah, she goes, i'm sorry. i'm sorry. i go, what are you sorry about? that was sexist. what are you nuts? that is not sex i. give me a compliment. >> getting afraid to pay a compliment if goes too far. >> i almost got a pair of shoes out of it. came out of saks. and had bags and shoes, whatever you said, you want to get a pair of shoes? i have them. i have shoes, thanks. >> nice offer, especially out of saks that could be a $2,000 bill. >> nice to get compliments from a man or woman, wearing a nice dress. >> be honest, sometimes it is

done in distaste. >> i'm not saying always. but there has been nice guys -- >> how do you feel about the whistle, straight whistle. >> i think i respond to your standing up and applause. that was effective. i searched for my honest reaction. i think, arthur, i would be flattered. >> bo brooklyn style, i go walking down and -- [whistling] the whistle is not working for you? >> that is not the first time he has done that. >> right. >> took a long time to get that whistle down. >> the new front, ukraine, says russia is fighting on and what it means just days after the president of both countries expressed their desire for a solution. the latest on the ukraine crisis coming up in the second hour of "happening now." >> and a new bill, a step closer to making california the first state to require colleges to set a standard for when yes means yes. we will discuss. ♪

[music]♪

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g?góéj÷ç÷ç >> more "outnumbered" in just a moment but let's get to jon scott on what is happening in the second hour of "happening

now," jon? jon: there is growing evidence that russia has opened up a third front inside of ukraine in what some are calling a stealth invasion. dan henninger is here with what he calls some frightening comparisons to world war ii. also, chinese aggression in the spotlight today as the pentagon complains about confrontations between the u.s. and china the skies. gordon chang joins us to discuss what china might be up to. dangerous waves and riptides on both sides of the country. big waves causing big problems on the west coast. the surfers don't mind. rick reichmuth with the details in the foxcast coming up, "happening now." >> thank you, jon. >> okay, so yes, means yes. that's the idea at the heart of a new california bill targeting campus rape. and it is one step closer to becoming law after passing the state's general assembly. governor jerry brown has not indicated his stance on this controversial bill, requiring

schools that get state funding to adopt new safety guidelines for students. the law would mandate that potential partners get some sort of quote, unquote, affirmative consent before anything sexual happens. that language has some students scratching their heads as how far they can go on a nod or a wink. it also has people debating whether it's a good idea to have college administrators, rather than the police and law enforcement professionals deciding when a rape has taken place or has not taken place. to that end the exact language is, that affirmative consent standard would declare that an individual must obtain unambiguous, affirmative consent prior to any sexual relationships and relations, sex you'll relation, not relationships. the bill would also declare that consent can not be given if you're drunk. >> give me an example. >> i which of gill you an

example. i'm an 18-year-old kid. i just started in college and i haven't had much sex you'll be a activity and i meet a girl. in my pockets i have a to have documents and breathalyzer. we see, some sort of love connection going on. first thing i have to go is make sure you're not drunk. >> this is true. >> i'm an 18-year-old kid, i have to make sure you're not intock indicated. now blow in the intoxilyzer. you passed that test. >> you're not doing horizontal gaze test. >> no. you cac knowledge we can kiss. now we go to second base. now there is other acknowledgement and third base. this is ridiculous. >> state will only take on the complaint from the woman, if it's a woman, will only take it on if all of that takes place? if doesn't it, goes into the hands of the school. >> what happens, they're switching the standard, that this country is founded on of innocent until proven guilty, to

guilty until proven innocent. basically if a student calls calls public safety and said i've been sexually assaulted by him, she is getting brought into the school administrator, there will be a tribunal and he has to prove his innocence. >> sexual assault would be kissing somebody without their affirmative verbal consent. >> got to be what did i say it was? unambiguous. you tell me, you tell me. what is unambiguous consent. >> i think they have got it wrong. i think it should mean no means no. >> put a statistic in here to make you realize how serious and significant this problem is on college campuses. the department of justice did a study back in 2007 that revealed that nearly 20% of all women on college campuses are victims of sexual assault, at some point in their college career. by the way, i want to add to that, 6% of men experience this

on college campuses as well. >> doesn't seem like a person who does a sexual assault is not some person that will ask these kinds of questions? seems like a person who would asseed to this would never assault somebody. >> kind of assumes everybody is a rapist. will deprive people of due process. you're putting people -- >> correct. >> shouldn't be in charge of making these determination, seriously violate a person's rights, ruin theirs lives. >> ex-belling them from school. -- expelling. >> outreach and a awareness and forums to understand, no means no, versus making this convoluted thing that, i think it is just destined to fail. >> i from a legal perspective. this is the government telling you what you have to say. >> or the school. >> isn't that unconstitutional? feels like infringement on free speech rights. >> violates your due process and the whole yard. >> only applies to schools that get government money.

basically if we give you the money, we decide how you handle this. i totally disagree. >> governor jerry brown, you know the right thing to do on this. >> does he? i don't know. >> how far would you go to get your own suite around the clock service and massive supplied food? the amazing thing this panda did to get special treatment. ♪

... ... ... ...

♪ >> what is a lady panda to do to get more bam bo? >> fake a pregnancy. and the six year old giant panda might have done to get pampering. she showed signs of pregnancy two months until she had a faptom pregnancy. panda with those pregnancies notice the nicer set up and carry on the act. >> awesome. >> she likes it.

>> you would have to change a couple of things. >> the animals are smart. >> think of a conditioning and living in new york it is so hot. >> i am serious. >> and what does stacey have to say on this one. >> clever pand a. >> she got what she wanted. >> you should always have air conditioning. >> air conditioning in the wild. we are all about putting them back in nature. >> and they should get an upgrade for. it >> shouldn't they have ways to test if the panda is pregnant? and after this weekend drinking iced tea. i learned they have kegs, and you press it and ice tea comes out with a foamy head-on.

it >> that is on vacation. >> even in the animal kingdom they fake things here and there. >> it is so evolved and fascinating from a scientific viewpoint and they can do this and have advanced brain waves to figure it out. >> they will not be shy enough for food stamps and try to get social titlement programs. >> the panda liking the bamboo on the side. >> we need the pandas to make more pandas. >> that is politically correct. >> thank you, we'll see you tomorrow. >> it was a pleasure. >> great to have you here. and we are back here tomorrow at noon eastern time. and for now, "happening now" starts right now. >> our fox news alert. another terrorist raised in the u.s. heartland, a second

american killed fighting for isis in syria >> the 29-year-old militant was from minnesota and father of nine children and took up arms for the islamic state. >> terror when a major earthquake hits california homes and rupturing pipes. and scores of people injured. napa quake raising questions about construction in earthquake- prone areas. plus, is history repeating itself. hitler rallied troops to take over country after country. russian troops are forcing their way in to ukraine. who will stand up to vladimar putin. >> there was a dangerous intercept. >> and more outright aggression. a