van and drive away. viral hog has a lot of time on their hand. martha: very legitimate organization. i'm sure on up and up. good to be with you from d.c. see you back in new york tomorrow. "happening now" starts right now. jon: we begin with a fox news alert on obamacare. you might recall a few weeks back the circuit court in washington, d.c. ruled against the obama administration saying that the irs was wrong to allow subsidies for obamacare in states that had not set up their own exchanges. just breaking out of washington, d.c., we have learned that the full d.c. circuit court agreed to hear that case. that could mean a very different outcome. you might recall senator reid blew up the rules of the senate to allow easier passage of judicial nominees. as a result the administration was able to put more of president obama's appointees on to that court. the entire court will hear the case. it is called an en banc hearing.

if they overrule the previous ruling if they okay what the irs has done providing subsidies to states that do not have their own exchanges it, well, it obviously changes the ruling from below and it might be a ruling that does not make it to the supreme court. we will see what happens. keep you up-to-date. that is the news break this morning out of washington. jon: striking back at the heart of isis. fox news learning that a senior aide to the leader of that brutal terrorist group may have died in a us air strike. good morn, welcome to "happening now." on this thursday i'm jon scott. >> i'm heather nauert in for jenna lee. leaders talk about the future of nato and in face of russia's aggression on ukraine and terror threat posed by isis. we have a lot of stuff going on.

in a joint op-ed in "times" of london, president obama and british prime minister david cameron write this, if terrorists think we will weaken in the face of their threats they could knot be more wrong. countries like britain and america will not be cowed by barbaric killers. conor powell has more on a ire strike that may have killed a top terrorist leader. this was a us air strike and who was this guy? >> reporter: that's what we understand. the current u.s. campaign of airstrikes in iraq against isis seem to be having some success. arab media reporting that abu al siri was killed by airstrike. little is known except he is syrian and key isis leader. he is believed to be a senior aid to abu al-baghdadi the top isis leader.

a leader calling al siri the right arm of baghdadi. they have not confirmed his death but it would be a significant victory if true. the pentagon has launched 124 airstrikes in iraq since the launching in early august. they destroyed weapons, armored vehicles and supply lines. most importantly the airstrikes seemed to have move isis back away from iraq's capital, baghdad and also providing iraqi military breathing room to launch counterattacks and regroup. remember earlier this summer the iraqi military was in disarray and dropping their weapons and fleeing, not fighting. that seems to have changed somewhat around baghdad and other parts, but, heather, everybody is saying in terms of military analysts and officials airstrikes are just the beginning. more has to be done against isis in order to push them out of iraq and sort of defeat them in their home base of syria. heather?

>> conor powell in jerusalem, thank you very much. very interesting story. we'll see if we can get that confirmed if that guy was killed by us air strikes. jon: enduring image in our shared history. america and great britain united for a common cause. ronald reagan, margaret thatcher, roosevelt and churchhill, with the world facing daunting new challenges what is nato's role? joined by lieutenant colonel bill cowan retired from the marine corps. he is a fox news military analyst. let's start with the op-ed that president obama and prime minister cameron penned together in the london newspaper. they sugge there is no weakness, no, lack of resolve, when it comes to isis. pretty good to read those words, bill? >> it is great to read it, jon. almost wish we had seen a similar op-ed out of our own president here in the united states a couple months ago in fact. i'm sure if isis takes a look at that op-ed, they may or may not, they will kind of chuckle and

laugh. because they're not feeling real heat of united states, virtually any heat from the u.k. and certainly none from nato. words are worth something but actions are worth a lot more. jon: also interesting they don't really talk about syria in that piece. >> great, jon. i noticed that. that was one of the things that i wanted to say to you. they talk again about this all inclusive government in baghdad, in iraq as if somehow that is going to solve the isis or isil problem but we all know the head of the snake is over in syria. i found it very interesting syria is casually mentioned as a place of political instability but not as the place where real head of the snake and isis core leadership is we ultimately have to get. jon: talk about russia and its invasion of ukraine. nato is getting together obviously today to meet, to talk about all of this. what, what should nato's response be? i mean is there, is there anything other than than tougher

sanctions that the nato alliance can do for ukraine? perhaps providing more weaponry? >> well, jon, you know that op-ed talks about nato's continued to support, continued support to increasing capabilities of ukraine. but the fact of the matter is, the united states hasn't done anything to increase capabilities except send mres. partner nation, germany provided some supply, some equipment. reality is, russia is only going to pause, putin will really pause when he sees formidable ukrainian military, ukrainian army threat, facing him. and that is going to take a lot more equipment than the ukrainians have right now. they're certainly willing to fight for their own homeland. they can't fight overwhelming force like putin. putin looks at op-ed piece. slugs a little bit. realizes there has not been real action to support ukraine. this multinational rapid response force that they talk about in the op he had piece is going to take forever to put

together to define, to come up with the coordinating principles. so i don't think putin's worried at you will. jon: i was going to say, matenato looks to america for leadership in many respects. interesting that angela merkel, the prime minister of germany, has been more aggressive, more forceful i guess in dealing with this russian incursion than anybody else despite the business ties between germany and russia and despite the fact that, germany, since world war ii has been pretty reluctant to get militarily involved in places. >> yeah, very interesting, jon. she is showing some true leadership right there we hope our own president and certainly the prime minister of the u.k. is going to follow in line. but i think angela merkel and all germans remember much more carefully what russia did to them in world war ii. they remember the occupation of eastern germany for the many years they were there. they all realize in stark reality, stark terms, the threat

posed by russia around the fact somebody has to stand up or russia will be on their doorstep again. jon: lieutenant colonel bill cowan, fox news military analyst. thank you. >> thank you. jon. >> talk about russia and also isis as western leaders deal with a growing threat from isis. they're casting a nervous glance at another country and that is afghanistan. nato's mission is winding down after 13 years of combat. now the alliance make sure gains made by our troops are not lost. chief washington correspondent james rosen is live for us at the state department. hi, james. what are they planning to do? >> reporter: heather and jon, good morning. this summit of nato in wales stands to be the last one held with sizable contingent of u.s. troops still deployed in afghanistan as the united states prepares to withdraw from the theater, where the war on terror began some 13 years ago. just in the past couple of hours, at a celtic castle in wales, site of this year's nato

summit, president obama wrapped up a session devoted to the subject of afghanistan and future of u.s. and allied mission there. with only 2thousand u.s. troops in theater, all set to come home by year's end if a new security agreement is not signed, the coalition that counted 50 nations among its rank will shrink to 13 nations. rebranded resolute support and support afghan security forces. those forces face resilient taliban threat as evidence by the twin suicide bombings rocked capital city of southern afghanistan's gazni province, killing 130 people, injuring another 130. militants tried to storm one of the facilities after detonation. all 19 at attackers were reported killed. further complicating afghanistan's future the deadlock between the two presidential candidates whose runoff election in june is being contested. secretary of state john kerry made two trips to afghanistan this summer to encourage the two

men form a unit government pending exhaustive audit of voting. neither man, surely will have impact on this country's future is attending the nato summit. >> afghanistan will be represented by minister of defense. obviously there is ongoing process taking place. it is continuing. i think the preference of everybody would have been to see the process concluded. >> reporter: that may happen soon the revised results from the afghanistan elections are to be released september 10th, heather. >> james rosen at state department. thank you. jon: new developments to bring you in case of a mother who drove her van into the ocean. she is charged with trying to kill her children. what her attorney says is really to blame for the incident. president obama getting some backup on recent comments he made. who is defending him? as world leaders meet to discuss conflicts in ukraine, iraq and syria. we want to hear from you.

do you think nato can come up with a united response to threats from isis as well as vladmir putin and russia? our live chat up and running. go to foxnews.com/happeningnow. click on on "america's asking" d weigh in with your thoughts.

heather: right now new details on stories we're following this morning. a attorney for a south carolina mother said she was disoriented due to low blood sugar when she drove her van into the ocean with her three children inside. ebony wilkerson is accused of trying to kill all of her children. her health records will be the focus of a hearing tomorrow. teenagers challenging authorities once again at a tennessee detention center. department of children services more than 20 boys breaking out of rooms attacking staff there. no one escaped the facility this time. this is the same place where more than 30 boys got away earlier this week. they say extra guard are now in place. david cassidy pleads guilty

to a dwi buy from more than a year in up state new york. the "partridge family" star plea deal will call for hymn to do 50 hours of community service in his home state of florida. there he is. jon: obama administration clarifying recent comments on growing conflict in iraq and syria. defense secretary chuck hagel, defending the president after critics say mr. obama is too cautious going after isis. secretary hagel says the pentagon is giving president obama options to quote, degrade and destroy the terrorists, not just contain them. let's talk about it with ab stoddard, associate editor and columnist with the hill. jonah goldberg, editor-at-large for nationalreview.online and fox news contributor. ab, why is it everybody in the administration seems to be talking tougher about isis than the president himself? >> well that is an interesting question, jon. the president as we now know because fox news reported this a few days back, has been seeing

warnings the strength, growing strength of isis, including, quote, unquote, granular intelligence in his president's daily briefing that he sees every single day and obviously the defense secretary chuck hagel is well aware of it. other people throughout the administration echoing what the joint chiefs, chairman of the joint chiefs, and secretary hagel about said two weeks ago this is unprecedented threat yet president obama continues to even though say things like he did yesterday, the aim is to destroy and degrade he always walks it back. there is something in president obama where he truly doesn't have the stomach to say this could be a tough, long slog. it can not be contained. it is too dangerous and to really tell the american people just how threatening it is. jon: is the point, jonah, that he wants to wish all of this away? >> i think that is a big part of it. i think we've seen this pattern with president obama for a very long time, where he says what he has to say about afghanistan, about syria, about the irs

scandal or benghazi. he says, he says what the political advisors tell him he has to say to make the issue go away and make reporters stop asking about it. and then, there is very little follow-through because, to back up what he says. and i think what we're seeing with regard to isis, he keeps checking boxes on a list, saying words he thinks people want to hear, so they will stop talking about it. because the overarching theme of his foreign policy all the time in office put foreign policy on the backburner. get it out, off the front pages, off the news. he doesn't like talking about it. he doesn't like idea of a crisis and idea of committing american troops. he is spinning his wheels saying what he has to do to get the issue to go away and the issue won't go away. jon: i suppose he doesn't like talking about i, committing american troops when we're a couple months away from

congressional elections? >> well, i mean that's true, but i also think president obama ran on ending war in iraq. he is, really sees as his legacy the fact that he end the war in iraq and in afghanistan. he is not, the concept we're already back in escalating military operation within iraq and this is going to have to move over to syria attack isis is really unthinkable to president obama. what is so interesting is that yesterday in estonia he gave this speech, really giving his full, a full-throated promise to defend the baltic states against any nation, obviously russia, threatening their sovereignty and we would put american military might behind a nato effort to keep their, preserve their independence. that is a huge promise. but it's a commitment he made enthusiastically? why? because i think it will never have to be. but actual the idea of an escalating operation against

isis one day could include boots on the ground looks much more likely and i think he's, he is torn over that. jon: jonah, we heard the vice president talking about following isis to the gates of hell. bret baier heard from one of our special operators who is very plugged into the community, apparently deployed over in iraq right now, who wrote back and said, how are we going to follow the isis to the gates of hell when we can't even leave our compound? apparently they are feeling frustrated they have been put in defensive position and really aren't doing the job they signed up for? >> yeah, look, i mean it is well-documented fact in the psychological literature that taking joe biden's statement the too seriously can get you into a lot of trouble. i think what joe biden is doing here, he is just, he is he is not listening to the president. he is thinking maybe i'm still going to run. he is talking tough. he is not setting policy.

and i think this administration counts itself lucky if joe biden is not yelling get these squirrels off of me because he will say pretty much anything. i agree entirely with ab about the president's statements about nato. it was the mother of all red lines he laid down. and i think he thinks, he might be right, that it will never be tested but the really troubling question is, what if it is? if he doesn't back up that red line, then we are in really uncharted waters. jon: vladmir putin is certainly paying attention. a.b. stoddard, jonah goldberg, thank you. >> thank you. >> squirrels, i like that one. that was interesting. jon: it is a great line but, these are some serious, serious items we're talking about. sometimes you just shake your head. heather: can we have a little bit of fun for just a second. jon: sure. heather: i know you love cats, right? if you have trouble sharing favorite cute cat video yesterday you were not alone.

big problems hitting major websites. jon was upset about it. here is the connection, were they all connected? we have a live update on that situation, affected a whole lot of people. showing off the wonders of science. something went horribly wrong and sent several kids to the hospital. we'll tell you what happened. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there.

heather: well if you missed a facebook posting yesterday all your friend probably did too. there is new information on some big glitches hit internet giants including facebook, linkedin and also ebay. patti ann browne is following this story. hi, patti ann, so what happened? >> good morning heather. five popular sites experienced glitches this week, ebay, facebook, apple, linkedin and tumblr. seems like quite a coincidence.

so far the sites say issues were internal. facebook says an error occurred during infrastructure configuration change. e blames its problems on technical issue that occurred during several server maintenance. yahoo! says the tumblr site outage occurred when the primary data center connection to the internet was disrupted during routine maintenance. one ebay user told fox business his account disappeared all together. others saider this unable to log in. ebay said issues impact ad small forges of users and their accounts were quickly restored. the facebook outage affected users in the u.s., u.k., thailand and portugal and other areas, starting around 3:40 p.m. yesterday. it has been fixed. users of apple itunes were unable to access multiple stores or make purchases to the company, for five 1/2 hours tuesday afternoon. tumblr and all of its blogs why inaccessible for less than 20 minutes. the company says its engineering

team will be reviewing procedures. linkedin stated on twitter yesterday its site was experiencing some issues which they were working hard to resolve. it did not specify the problem. heather? heather: that is so interesting. all these things happened at same time. think how many people that affected. not a big deal but affected people's lives. >> we've become accustomed to it. heather: patti ann, thanks. jon: you went on facebook to tell everybody how much fun you're having on the show and the message didn't get out? heather: that's right. jon: a routine science demonstration at a museum goesably wrong, when a dozen people were hurt when a class tornado ignited. most of the people hurt, young children. adam housley reports from our west coast newsroom. what happened? >> reporter: jon, it happened 4:00 yesterday afternoon in downtown reno at the lee wells discovery museum. we're told this is routine demonstration that happens every day. a chemical flash injured eight children. 13 people all told. nine people were also taken to area hospitals, counting eight

of those children. according to witnesses and the fire chief as well the flash happened during that routine experiment involving simulation of a tornado that is conducted daily at this museum for kids. they take methyl alcoa holland boric acid to create whirling tornado effect to show children. but this case it caught fire. it indicates it wasn't explosion but chemical flash as they call it, similar to throwing gas on a fire how it flashes out without an explosion. the kids were sitting on the floor when the instructor standing at front table all took place and the accident happened. >> the one tornado wasn't going. it wasn't doing what the rest of them did. and -- of it. she was like oh, i forgot this one. that is when she added it and there was explosion. >> not sure what to think, but we'll figure out what happened and make sure it doesn't happen again. >> reporter: this is routine experiment that happens each and every day. this is the third of three

experiments. first two went without a problem. the children were bandaged up. four treated at scene and released. nine people, including eight children were taken to the hospital. we're told one child was kept overnight for observation. the discovery museum very concerned about this they said there was no major damage to the building whatsoever. but they are obviously very upset about what happened. they're looking why this happen, especially they have done this each and every day. two experiments before that went without a hitch. they're trying to figure out maybe a wrong chemical somehow inserted into this experiment. that investigation will still go forward as that one child was watched for observation and we're told doing just fine thankfully, jon. jon: you know the adults have to feel horrible what happened there. >> reporter: absolutely. jon: adam housley thanks very much. heather: saudi arabia has been sitting on the sidelines in the fight against isis terrorists and isis not that far away from saudi arabia. why isn't the desert kingdom doing more to step?

we'll talk about. that. stumbles and mishaps undermining senate democrats and could hurt them in november and give the majority back to republicans. that's coming up. ♪

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ray, now a quick look what is coming up on "happening now."

isis terrorists taking large sections of iraq and syria. with so many discussion about the brittish response, what should saudi arabia do about the islamist terrorist threat next door. survivor of this man's killing spree suing lifetime television. he was known as the happy faced killer for smiley face he drew on notes. according to "tmz," one woman is not happy she was portrayed as a prostitute in a movie about the case. we'll get into that. quick break for a smoke and a phone call leave as convenience store clerk fighting for his life. officers looking for help finding two suspects caught on camera, stabbing the 7-eleven worker. jon: well election season in full swing now, with republicans needing to pick up six seats in november to take control of u.s. senate as they hit the campaign trail, they're getting major assist from democrats thanks to series of mistakes and scandals. doug mckelway live in d.c. with

a look at all of that. doug? >> reporter: good morning, jon. you might recall in 2012 the election there, a few republicans had a case of foot-in-mouth disease you might say such as todd aiken's comments about legitimate rape, that really ruined the gop's chance much taking senate. this election cycle appears tables are reversed. alaska senate race, incumbent democrat mark begich was forced to yank a ad about a murder of two elderly people and rape of their two-year-old granddaughter they said that the he was got a lower sentence when. mary landrieu is not accused of being a rose dent of bayou state. she stays at her parents home on infrequent visits home. running for montana's senate seat, open by virtue of max bach kest's to a pointment to ambassador of china is extremely weak democratic candidate, state

representative amanda curtis who is far left of the center views sit well in right of center montana. she is in the race after democrat john walsh's withdrawal for page you are rising his naval war college thesis. steve danes is up 20% in the average poll. that is remarkable in a state where democrats held that senate seat more than a century now. it is why in part some analysts are predict the gop may take the senate. >> democratic senate leadership is there is occasion to write one, would say that harry reid and democratic leaders held on to their majorities in 2010 and 2012 in large part because of the weak, particular weaknesses of the republican nominees in some key races. and that in 2014 it was democratic nominees who seem to have certain weaknesses. >> reporter: nate silver, the noted political forecaster, formerly of "the new york times," now at web site 538 gives republicans 64% chance of

taking the senate. jon? jon: doug mckelway in washington, keeping an eye on the upcoming election. doug, thank you. >> reporter: my pleasure. heather: as nato struggles to put together a coalition to take on isis there are growing calls for saudi arabia to do more to help. it is a very, very wealthy nation and one of the biggest oil producers in the world, thanks to u.s. weapon sales, those total $87 billion in four years alone, it is a military power. look at that u.s. supplies saudi arabia with f-15 fighters jets and latest in upgrades and training. they have apache and black hawk helicopters and saudis can fly long distances because they have c-130s and refueling planes. why is saudi arabia not doing more to fight terrorists down the block? karen elliot house is author of, saudi arabia's people, past religion, fault lines and future. why is saudi arabia not stepping up to help? >> because its timid. it should be doing more because its literally in the cross-hairs

of isis but the saudis have always tried to buy their security. so they don't like to confront other sunni terrorists. heather: well they can't buy their security anymore. there are reports that a few thousand young men have joined isis from saudi arabia. despite the fact that they could be put in jail by the saudi kingdom. in addition to that they have a lot of young people who are just interested in the ideology. >> yeah, the longer this goes on and the more success isis has the more appealing it is to young religious saudis with unemployed, not much to do and a desire to be on the side of allah. heather: i want to ask you about this saudis regard themselves as true protectors of islam. al-baghdadi, head of isis, says he was the one chosen by god. you say this is very important distinction. why is that so key? >> because the whole legitimacy of the ruling family of

saudi arabia exists because it purports to be the, the keepers, the protectors of the one true islam, the conservative wahhabi version. and al-baghdadi is literally saying, i am establishing the caliphate. he is using waa haub very words and his goal to take mecca and med dean narcs the two holy cities in riyadh, i mean in saudi arabia. when that is done, the saudis, obviously the royal family won't be ruling the kingdom anymore. heather: the fear has to be not are they ruling kingdom and domino effect across the isis takes hold and goes after some of these other countries, that is real threat. >> saudi arabia i assure you is the first on their list. they have a big chunk of iraq and syria. heather: i want to read something you wrote in the "wall street journal" recently. saudi airstrikes alone would not be military decisive, they would

demonstrate the self-proclaimed guardian of islam is willing to sand stand up to islamic zealots. actions by saudis and easier for other countries and the west to take more resolute military action against the west. they haven't done it yet. u.a.e. says it is time to act. are other countries going to get on board now? >> the saudis would step up and if our own president would step up and lead. heather: we say we're going to wait for every country. chicken and egg. >> they are waiting for everybody else. the saudis are like baby chickens they will not run across the road until mama leads f our president doesn't step up and lead i think they will continue to hunger down until it is -- hunker down until it is too late for all of them. heather: i can't imagine what it will take for somebody to lead in all of this. you mentioned in "the wall street journal," this has to take attention in saudi arabia. now to confront isis in syria and iraq now cower in riyadh.

maybe in the saudis man up, mr. obama and congress will too. ouch. >> i think they all have to man up, hopefully out of this nato summit the western powers will come up with a little something and the saudis will follow. but without american leadership this world is in trouble on isis, ukraine and everything else. heather: that is what so many experts are saying. karen elliot house, thank you so much. you've got a book out about this and write for "the wall street journal" well. thank you. >> thank you. jon: 7-eleven clerk taking a break when two men come out of know where and knife the poor guy in the stomach. all caught on cam ralph. police want your help. plus "tmz" reporting that a survivor of this guy's deadly murder spree, the so-called happy face killer, is suing lifetime television. why? well she is not happy that she was portrayed as a prostitute in the film. our legal panel weighs in.

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heather: take a look at what is happening on "outnumbered" at top of the hour. kimberly harris, what have you got. >> tough talk on isis but not president obama. secretary kerry promising revenge, no matter how long it takes and vice president biden threatening to follow isis to the gates of hell. but why aren't we hearing this from the president? >> that was the sound bite of the day yesterday. one lawmaker wants senator kirsten gillibrand to names after she accused some of her male colleagues of being sexist. >> what do you do if your kid gets sick but you have to go to work? why some parents should get special treatment. >> all that plus our #oneluckyguy on "outnumbered" at the top of the hour. i can't wait. what are his initials? j, w, that is all they're saying. >> one lucky guy to be with you, ladies. >> you're sweet. see ya. jon: police are asking for your help finding two suspects in the

brutal stabbing of a convenience store clerk. it is all caught on camera outside of a 7-eleven in california. clerk steps out for a smoke and phone call. two men show up, one on a bike, the other on foot. the one of them stabs the clerk in the stomach. he is now recovering in the hospital. if you know anything about what happened here. call rancho cucamonga police. 909-477-2800. >> well a woman is reportedly suing lifetime television over her portrayal in a ripped from the headlines tv movie. she is the survivor of keith jesperson, do you remember him, known as the "happy face killer" back in the 1990s? he killed eight woman. according to "tmz," daun slagle was portrayed in that movie as a prostitute. she happened to escape him, his grasp after he attacked her. the movie is based on the entire murder story. the legal panel is hear here to

talk about this. mercedes colwin, fox news little analyst. a criminal defense attorney. hi, there, ladies. mercedes, let's start with you. does she have a case against lifetime? she said it was false, egregious and disgusting for her? >> it is amazing because there are fatal defects of their claim. movie said it was inspired by events. no a true depiction what occurred. that is one fatal flaw to her claim. secondly she has not been identified by name. the movie didn't identify her by name. underlying criminal proceeding didn't identify by name. do you know who identify her by name, herself? she went on "oprah," other shows. out there in the public eye. this is who i am. i am the character that you saw in that lifetime movie. that's move. that is another fatal flaw. heather: let's bring you in. what do you think of that? >> i agree -- heather: i'm sorry. >> i think they do. i think lifetime has a good argument here. welcome to hollywood, heather. this is what film makers do.

they exaggerate real life events for dramatic purposes and they are given a certain level of leeway and they are given certain protection from defamation lawsuits. so yeah, in this case the film-makers, lifetime did everything right. they never said this was documentary. they clearly said this is simply based on -- heather: inspired by a true story. that is their blanket defense. that is all it takes? >> that and also the fact she is public official. by saying she is public fish -- heather: saying a public person? >> yeah. public person. >> public person only because she is the victim of a crime. >> that is great point, heather but also because she has been on air around she has identified herself as this victim. public official is a little different. pig figure is a little different. she has to show actual malice. heather: because she chose to go on "oprah" to talk about this that makes her a public person and therefore doesn't have protections granted in a potential defamation case? >> i don't think that is really

true. in these cases courts have to balance individual's right to privacy first sus first amendment right after filmmaker. when you're dealing with public people, famous people or public events, newsworthy events, which is what this was and people involved in those newsworthy events, much, much higher standard for a plaintiff to prove defamation. you have to prove actual malice. ultimately heather, the viewers of these moves understand it's a movie. it is a drama. there will be exaggerations. this is not 100% accurate depiction. in case viewers don't get that, that's why lifetime and other networks put up that disclaimer. just based on a true story. >> mercedes, she says they portrayed her as a prostitute. >> right. heather: she says they portrayed her doing some things she did not do, things i will not repeat on television. sounds to me like this woman has a real right to be upset, this really affected her life. >> undoubtedly, really bottom

line is, aside from the creative license given to hollywood movies, the other part she was never really identified. the only person that identified her was herself. when you go out and say i've been defamed and cast in a false light, by the way, that identification of that individual, candy, there is no way to have linked her unless she herself identified it. as i said criminal proceedings are very protective of sexual assault victims. they don't identify victim. did it herself. brought it upon herself. she didn't have to do anything, stayed in the shadows, kept quiet. no one new about it. no reputational harm. really honestly brought it upon herself. heather: we'll leave it at that. lifetime hollywood i guess they can get away with anything. ladies thank you so much. we'll talk to you again, ladies. >> thank you, heather. jon: another possible criminal case in the works. a gruesome discovery in the search for a missing little girl, a victim's found near the 8-year-old's home. what police are saying now about their investigation.

just weeks after ferguson, missouri, erupted in racial unrest, a family in another u.s. city is suing off-duty police officer, they say murdered their son.

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jon: right now an update to a story we brought you yesterday amount victim's in found for search after missing girl in arizona. crews spotting the remains near the home of isabella cannella. the eight-year-old reported missing tuesday morning. brown brown has update from our new york newsroom. patti ann? >> police will not confirm the body found is that of the missing 8-year-old, but clearly an ominous development. isabella grogan cannella was reported missing by her family 1:30 a.m. tuesday morning. her mother said she wasn't in

her bod and wasn't like her to run away. frantic search has been underway in bullhead city, northern arizona. yesterday around noon a search team found a victim'ser in bella's home. the cause of death was not revealed. the body was turned over to the medical examiner. police indicated there was foul play and working hard to find the person responsible for this crime. investigators found no signs of a break-in or struggle at the home. isabella lived there with her mother, stepfather, grandmother and other children not bella's siblings. her biological father is not in the area. they are investigating this case as possible abduction. the fbi is involved and national center for missing and exploited children, jon? jon: awful story. patti ann browne, thanks. >> a beautiful little girl at that. jon: she is, yeah. heather: a chicago family is now suing a police officer over the 2013 death after 28-year-old man just weeks after an officer shot and killed 18-year-old michael brown in ferguson, missouri.

unlike the ferguson case this shooting involved a black but family says race was an issue. mike tobin is live from chicago to explain what this is all about. >> reporter: hi, there. this case involves a police officer off-duty working as a security guard. happen ad year ago, last september. off-duty officer kenneth walker and security guard moore had a scuffle with 28-year-old marlon horton. they shot horton and he was unarmed. he was drunk trying to get into the apartment building they were guarding. unlike ferguson though, everyone involved is black. >> you believe this is situation that involves police and unarmed african-american men. that is where we feel that ferguson is relevant because it is not just white officers. it is african-american officers. it's a police blue problem. it notes a police white problem. >> reporter: moore and walker did not render aid once horton is on the ground and bleeding to death. despite walker prompted by

paramedic over the phone. even when other police arrives, no one gives aid until paramedics show up. walker and moore called 911, and that is what they're obligated to do. >> that officer was just involved in a life and death confrontation. sometimes you're not thinking straits after those things happen. so you know, what did the officer do? did he call 9/11? yes he did. >> reporter: attorney bringing this case the timing with ferguson is not a coincidence. he says he see as trend of officers going right to lethal force when the case involves a black men, particularly a young black men. since 2013 there have been 20 police involved shootings in chicago. there are reports that the fbi is opening a broader investigation specific to police involve shootings in chicago. heather? heather: chicago certainly gotten so dangerous these days. mike tobin, thank you so much. we report so many crime stories out of that city. thanks, mike. jon: some brand new stories working to bring you in the next hour of "happening now." out of the kitchen, into the streets.

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now get nexium level protection without a prescription. at the corner of happy and healthy. >> we have a lot more coming up, see you in an hour. "outnumbered" starts now. >> this is "outnumbered." here today, harris faulkner, rachel, author, blogger, parenting expert, political commentator and former star of mtv's "real world" andla marrd to republican congressman and have seven kids. and today's hashtag one lucky guy, jesse watters, and he is outnumbered. great to have you here. >> i don't have seven kids. >> but you