political and messages about sexuality i thinkr thanks to my panel and for all of you for watching. i'm paul gigot. hope to see you all right here next week. president obama set to meet next week with leaders in the house and senate on the war on isis. yesterday we reported the president did nail down commitments from fellow member fz nato to wage a coalition against the radical terrorist group that continues on the march, attracting more followers after taking over he that huge chunk of iraq and syria and renaming it the islamic state. good afternoon on this saturday, i'm eric shawn. welcome to "america's news headquarters". >> nato leaders agree there is an urgent need for action. president obama returning to the white house last night from that

summit in wales, and he's offering up some tougher rhetoric vowing to, quote, destroy isis. leland viet ard is live in our newsroom. what can you tell us? >> it took three press conferences, at least a couple of weeks, for the president to articulate a clear strategy for dealing with isis. yesterday just before he left the nato summit, he stayed on message. >> we have to act as part of the international community to degrade and ultimately destroy isil. we are going to degrade and ultimately defeat isil. you systematically degrade their capabilities. >> now, republicans remain unconvinced, saying that while the president has defined a mission they point to a lack of plan as further evidence that the white house is bungling the response to isis and allowing the terrorist group to grow into a terrorist state. >> the fact that we have let this go and especially over the last seven, eight months as

we've watched these columns of isis fighters travel city by city and have not hit them by the air, this is irresponsible. >> we've learned that president obama is going to meet with top congressional leaders at the white house on tuesday, senate minority leader mitch mcconnell issued a statement about the meeting saying in part, it has become clear that the president's plan as outlined in his west point speech to train and equip the militaries of partner nations as the united states draws down its done vengsal forces across the globe is not tenable. he goes on, the threat from isil is real and it's growing and it is time for president obama to exercise some leadership in launching a response. of course, the big question over the past couple of months is, what is the response? so whether the media is a prelude to asking congress' approval for a larger military campaign against isis, going after their bases inside syria, or simply meeting with congress to justify the current policy is

yet to be seen. eric? >> thanks, leland. the islamic terrorist who have2:pbu savagely beheaded two our fellow citizens, we're told they're working hard to recruit americans and others from around the globe. so far an estimated 100 americans are fighting with them out of 12,000 foreigners. the latest apparently is a 19-year-old woman who is from minnesota. we're told she called her family from syria. she happens to be part of the large somali immigrant community in minnesota, which apparently has been a recruiting pool for extremists. somali teens have been recruited for other islamic groups there before. >> this young lady, she was misguided. the good news is that her family contacted the fbi. we as a community, we are working with our law enforcement. >> the fbi officials in minnesota say they are actively engaged in the somali community

to stop the recruitment efforts. white house officials now say president obama will wait until after november's midterms to implement immigration measures, the officials say executive action on immigration during the campaign season would not only politicize the issue but also hurt future reform efforts. molly henningberg is live in washington with the details. >> some republicans say this is all about politics. senate republican leader mitch mcconnell suggests the president is still trying to, quote, rewrite the nation's immigration laws but wants to do it at a time that's better for democrats. mcconnell said in a statement, quote, what's so cynical about today's immigration announcement is that the president isn't saying he'll follow the law. he's just saying he'll go around the law once it's too late for americans to hold his party accountable in the november elections. but president obama maintains he has the legal authority to act alone and will do so because he says it's, quote, the right

thing to do for the country. and he chieded congress for not passing the senate democrats' immigration bill. >> preference is to see congress act. we had bipartisan action in the senate. the house republicans have sat on it for over a year. that has damaged the economy. it has held american back. it is a mistake. >> but his decision to delay any executive actione(x until aftee midterms disappointed liberal advocacy groups who were pushing him to act now. for example, a statement from the united farm workers said, quote, justice delayed is justice denied. instead of doing what's right for the economy, farm workers and the country, the president broke his promise to the millions of immigrants and latinos looking for him to lead on this issue in the wake of republicans' dysfunction and obstruction. democratic senator bill nelson supported the president's

decision and said no one would listen to a, quote, informed debate on immigration before the election. >> molly, thank you so much. eric? have you heard about the latest? lois lerner's missing e-mails, the irs is telling congress, guess what, they've lost even more e mailz. and those messages they say happen to be from five employees being investigated about the agency's targeting scandal. they say those vanished e-mails include some from one official who worked closely with lerner, she of course at the center of the investigation. the irs blaming computer crashes for these vanishing e-mails. this all comes as the irs inspector general is investigating what happened to ms. lerner's e-mails, supposedly also lost in a similar computer crash. all that, now the target of the investigation by that special house investigative committee looking into all of this. let's take a look at the weather, shall we?

the northeast finding itself in the path of some potentially dangerous storms. check in now with meteorologist janice dean. she's love live in the fox weather center with the latest. jd, what is to come? >> well, you have a severe thunderstorm watch in effect for all of the big cities from d.c. towards philadelphia, up towards boston and new york city until 9:00 p.m. local time. the worst of the weather really coming around the dinner time towards 9:00 p.m. and then, as we get into the overnight hours, things subside. but severe thunderstorm watches meaning that conditions are favorable for severe thunderstorms including hail, damaging winds and we could see isolated tornadoes. we don't have tornado warnings, we have a severe thunderstorm warning just west of philadelphia. again, gusty winds are the main concern here as well as some heavy rain. we could see some hail as well as isolated tornadoes. so people need to be cautious and listen to your local weather. there's a look at where we are at 9:00 p.m. you can see the thunderstorms firing around d.c. up towards philadelphia and new york.

and then by overnight it will be out of here. the good news is we're going to have a refreshing day tomorrow, temperatures in the high 70s. look at your current temperatures, 90, 91, it feels even=ti warmer with the heat in, feels like 100 in d.c., 96 in new york. and by tomorrow, the cold front has exited and refreshing, low humidity with temperatures in the low 80s. back to you. >> refreshing sounds inviting. let's hope not too much damage overnight. thanks so much. >> you got it. well, there's a possible oxygen problem in the cockpit now the debris has been found in the water. it could mark the spot where the small plane went down after a strange, sad and long journey right across the eastern seaboard. coming up, we'll have the latest on the search off the coast of jamaica and the possible cause of why that private plane may have gone down. plus, after congress didn't do anything, the white house was promising action on immigration. now that's on hold.

so what's the impact on voters this november?

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a search operation resuming earlier today, crews are trying to find the wreckage of a small plane that is believed to have crashed off the coast of jamaica after traveling 1700 miles under mysteriouscircumstances. authorities lost contact with the aircraft shortly after it took off from rochester, new york, yesterday, en route to naples, florida. two u.s. fighter jets were dispatched and they say the pilot was slumped over at the controls. the windows were frosted over, which is an indication that there was likely an oxygen problem which incapacitated the pilot. on board was a prominent new york couple, real estate developer larry glazer and his wife jane. larry was believed to be the pilot of the plane.

action after the election. there are now new reports that the president is delaying his promised immigration measures until after november's midterms. this despite the president's promise to act back in june due to what he called obstruction from republican lawmakers. so how would this delay, impact both parties during the midterms? we have the campaign director at the center for american progress action fund, also the former executive director of the young democrats of america. and we have the former outreach director for john mccain's presidential campaign. emily and ford, welcome. ford, let me start with you. look, this measure, the executive action, we were told was going to be the president glanting legal stat us to 5 million illegals, now he's delaying it. do politics in trying to safe the democrats' keister play a part in this? >> that's absolutely it. the bottom line is king obama decided to hold off because he knew if he pushed any amnesty,

he'd be handing the senate in 2014 to republicans. here's what most people don't know. many of the states that the key races are being fought in are where mitt romney won and also states that don't have a high hispanic population. he knows if he did this, he'd be giving republicans the senate. that's the bottom line. he likes to play election games. that's all that's going on here. >> emily, is this an election game? >> look, i think the big thing to point out here is that congress has taken no action. the house has taken no action on this. the president said that he would not -- he was going to give boehner as much time as he needed to pass it. boehner did not act on the bipartisan senate agreement that came out of the senate. the president has said he would take action and he should. but i do think implicit in what ford is talking about is the fact that national democrats that are in these senate seats all over the country are actually faring much better than people anticipated in states that the president did not win.

for the president to now introduce an issue that may bring out a little bit more of a republican base, it is just not prudent at this time. wait until after the election. >> let me say this to emily's point. here's the deal. right now we do not have a defining issue for this election in 2014. what we do know is that 65% to 70% of america feels the country is on the wrong track. the reason why many of these democrats are basically treading water in a lot of these red states is because we don't have the signature issue here. if president obamaúased an executive action with amnesty, he recognizes it would fire up the tea party, the republican grass roots, and would really give the republicans one of those issues that they need. case in point, new hampshire for a while scott brown was trailing jeanne shaheen by 20 points. once he focused the highlight on amnesty and the southern border crisis, he's now trailing by 5. this wouldn't just give republicans the senate, it would open the floodgates, eric. >> emily, they're not the only

people being outraged. immigration advocates are outraged saying the president has broken his promises and they're severely disappointed. so what happens when, on one hand this decision is apparently firing up somevyñ on the right, you can see what ford said about what's happening in new hampshire, at the same time disappointing the president's base. >> certainly. coming out of the 2012 election it did seem like immigration was going to be something coming fairly quickly. both through congress and the president through executive action. unfortunately it has not worked out that way. i do think that immigration advocates are acknowledging that if immigration did come to the forefront right now, due to an executive action, and there was, although i do believe the democrats would hold the senate, if the republicans would grab the senate, it would poison the issue for the few years in the future coming so that immigration would be seen as something that was so difficult to act on, it would be very difficult -- >> emily, i totally disagree with you. if we're getting immigration reform in this country, it will come with a republican president and republican senate. the problem here is president

obama likes to play games and he doesn't understand that border security first is the way to go. and even if you look at the latest pew poll, basically more americans are worried about bored way security than a pathway to citizenship. you guys are playing games. the reason we don't have anything is because at the end of the day you're worried about winning elections and not doing what is in america's best interest. >> emily, last word. >> that was very strong. what i would say is the bipartisan bill that passed out of senate includedlddñ the strot border security we've seen in a long time including the path to citizenship. if it came to the floor, it would pass. >> we know the election will happen. won't have apparent reform and the president will do it after the election. we'll be debating that after that happens. emily and ford, thank you so much. >> thank you. >> thank you, eric. eric, as fighting dies down in ukraine, the u.s. and its allies take steps to protect other vulnerable nations. apparently with an eye on russia.

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a fragile cease fire seems to be sticking in ukraine despite both sides accusing the other of violating the agreement. meantime in what could be seen as a warning to russia, president obama and other nato leaders are vowing a swift response to any possible attack on an allied nation. bringing in now lieutenant colonel ralph peters. good to see you, sir. i want to start with cease fire. first of all, i believe it's reported that both sides don't trust the other believing that they're using this opportunity to sort of reload. and i want to ask you specifically your take on that and also did you in your words or opinion did you think

president pore shenk compaoshen choice? >> his hand was forced because with let him down completely. president obama did nothing meanful, the west did nothing meaningful to support free democratic ukraine. this cease fire, whether it holds or not, is a 100% tactical win for vladimir putin and 100% loss for ukraine. what it means, what it did, was to freeze the gains of the so-called separatists and russian troops on the ground in eastern ukraine. and i can guarantee you that just as crimea is gone forever from ukraine despite our president's rhetoric, those territories in east ukraine now occupied by russian troops or surrogates will never again be part of a sovereign ukraine. the world looks away while putin attacks. >> so let me see if i'm

understanding you correctly. you're saying that the territory in ukraine that putin and the russian troops and separatists have already claimed, ukraine will never seen that land again? >> that's correct. wherever there is a russian boot on the ground in east ukraine, it will never return. i mean there may be all sorts of pretenses and rhetorical agreements, but it will remain putin's territory. and a fundamental problem we have here is that while our president speaks beautifully, he acts reluctantly if at all. he seems to be frightened of vladimir putin. and we have a mismatch. >> well -- >> let me say, please, i can put this way. putin has no reverse gear and obama has no forward gear. >> so then what happens next some i mean, will there be further sanctions, and as you know, colonel peters, at the nato summit, 28 national lie

answer, they agreed to spearhead a force of several thousand troops designed to move into trouble spots at short notice. will this deter putin? >> absolutely not. that was a cosmetic gesture. the baltic republics, wonderful little countries finally out from under the russian boot. and poland, a significant ally, all of whom stood by us in our wars in the middle east. they are desperately afraid of russia. they want a small but permanent nato and u.s. presence on the ground. that's the trip wire, that's the teeter re teeterant to putin. all nato gave was this spearhead force that will not be on the ground and also would need approval theoretically of all 28 nato nations to deploy. so, look, the sanctions, i welcome any sanctions on putin, but to date, thif been all but toothless.

he is not intimidated. putin is encouraged by the weak actions of the west. for putin, it's not about the:y words, it's about the deed. for president obama, it's about the words, not the deed. >> i have to leave it there. i thank you for your time, sir. >> thank you. well, fox news uncovers the smoking gun in the benghazi terror attack. >> i said, hey, we need to go and got the wait again and i got in the car and said get in the back seat and it was beautiful. he looked at me, gave me a thumbs up. i gave him a thumbs up and we left. >> and you did that pretty much on your own. sgr. >> yes. we were never given the okay to go. the final straw for to us go, at least my opinion and how i felt, was one of the ds agents said they're starting to light the buildings on fire. you need to get here. >> tonight for the very firstq time, you can hear what happened that night from the perspective

of those three men who were part of the cia annex security team. and astonishing effort what los behind what we have all been told. 13 hours at benghazi, the inside story, hosted by bret baier. just two hours from now at 5:00 eastern time. and later tonight at 9:00 p.m. did you take time off this summer? congress had five weeks. i know they say they're back doing district meetings and all. those are your words. you read it. >> well, they were off, but they went back to work on capitol hill on monday. do you think they will get anything done? we'll look at that in just a moment. when it comes to good nutrition...i'm no expert.

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hello. welcome to america's news headquarters. >> topping the news this hour, congress heads back to work on monday. only to take another break in into weeks. with isis on the rise and another government shutdown looming, could this infl headin november? and a major issue on the back burner now until after the midterm elections. that was his promise on immigration reform. we'll tell you why and what to expect. and friends and family gathered to say good-bye to joan rivers. this as an investigation begins into the clinic where a minor

procedure ended with her cardiac arrest. but first, key american allies steppini2jb up to help ft the isis threat spreading across iraq and syria. nato gathering -- or agreeing i should say that terrorist group poses a major global threat pledging to join a coalition launching a military offensive against the militants while putting the squeeze on the group's finances. this comes as syria launches its own deadly strikes against terror targets. john huddy live now from our mideast bureau to break it all down. >> reporter: yeah, as u.s. and nato officials determine exactly how to dismantle isis both financially and militarily, the battle continued not only in iraq, but as you mentioned syria, as well. let's start there. syria's army pounded, they

bombed isis locations in the city of rakka. this has been an isis stronghold in northeast syria. a main battle front. remember, isis controls a large swathe of northeastern and eastern syria and also northern iraq, as well. and in those air strikes, destroyed several buildings, home, widespread damage, several dozen people were killed including a reported 16 civilians. that is just the estimate. the number could be higher. we're waiting for more updates on that tonight. earlier today, in iraq meanwhile, on the ground, kurdish forces reportedly made gains pushing isis militants back away from the mosul dam in erbil. this has also been a main battlefront in iraq as the fight continues between kurdish and iraqi forces battling for control. a strategic military point. and also inje61x the fight toda kurdish forces received help

from u.s. air strikes and so far the u.s. has conducted a total of 133 air strikes across iraq. that the latest number according to centcom u.s. central command. and the question at this point, will those air strikes increase or will there be a broader military campaign by the united states and the international coalition. its international allies. president obama yesterday, his closing remarks at the nato summit in wales, talked about calling on international coalition of nato and arab allies to, quote, degrade and ultimately destroy isis. and this week the president has planned a meeting at the white house with top congressional leaders to discuss moving forward with battling isis and getting the international community and our allies involved, as well. >> john huddy, thank you very much. a promise but now backing

down. president obama holding off any executive action on immigration reform before the november elections not pl s now planning after the mid etermmidterms. the president believes taking steps on his own would politicize the issue and hamper efforts to reach a broader overha overhaul. >> we're just getting new reaction in from capitol hill this hour to the president's decision to push back executive action on immigration until after the midterms. top republican in the house, john boehner, suggested the president is kicking the can down the road for lpolitical reasons. he said, quote, there iskñn neva right time for the president to declare am menesty by executive action, but the decision to delay this possibly unconstitutional unilateral action until after the election instead of an babandoning the i

all together smacks of raw politics. the president said yesterday he believes he has the authority to take action on immigration separate from congress. >> in the absence of action by congress, i'm going to do what i can do within the legal constraints of my office because it's the right thing to do for the country. >> and he has the support of the top democrat in the senate. harry reid also just put out a statement saying, quote, i know that the president is determined to act and when he does, i support a broad use of his authority to fix as much of our broken immigration system as he can through executive action. but groups pushing for citizenship for illegal immigrants such as the pico national network are disappointed in the president's decision saying today the president and senate democrats have made it clear that, quote, undocumented immigrants and latinos are simply viewed as political pawns.

>> all right, molly, thanks very much. well, turns out the third american infected with ebola is thousand now in stable condition. dr. rick sacra is communicating with his caregivers. he was 51 and infected with the virus while working in liberia. he delivered babies in a hospital there and was not involved in the treatment of ebola patients. his medical team is considering experimental treatments including using a blood serum that was from a recovered patient. meanwhile, sierra leone is now announcing that it will put the entire country on lockdown for three days to try and stop the continuing spread of the deadly disease. a cease-fire largely holding in eastern you ukraine, kremlin and pro-russian separatists signed the deal yesterday after five months of intense fighting. this(v!f as the u.s. and europe union prepare tougher new sanctions on moscow to maintain

pressure on vladimir putin. dominic is live with the latest. >> reporter: this cease fire seems to be happening by a thread. the government saying the russian backed rebels have been trying to lure them into a renewed outbreak of fighting. but it's been four months in the next region in particular and we can show you latest pictures. the extent of the damage we've seen in the past couple of days before the cease fire actually took over. we've thousanow got a three way. there will be a withdrawal of all heavy artillery and weaponry. there is going to be an exchange of prisoners. we understand that could be happening either later today or tomorrow local time. and then of course humanitarian aid needs to be brought into the region. we've had some 2,000 killed, many others wounded and obviously displaced by the fighting, as well. the west very skeptical really about this cease fire.

president obama at the nato summit in wales saying what really had to happen here was a test of russia's resolve behind this and that a truce can work, but only to a certain point. listen. >> rowe russ pro-russian separa keep their commitments and russia must stop their -- >> residents say separatists are still firing grand rockets. evidence of those rockets on the ground according to residents and film crews there actually interviewed. but what needs to happen is efforts by russia to really reduce that military presence there. allies in the region say there seems to be contingency still to support ukraine.

>> i would say trust is already in jeopardy and already broken that we need to think about how to support ukraine to make sure that the cease fire will be broken that well be prepared. >> president obama believes increasing the pressure on the russian president vladimir putin, announcing sanctions possibly to be implemented as early as tuesday. what they will do is target the arms and defense technology russia warning there will be a reaction to any sanctions. >> okay. dominic, we'll see if the further sanctions will cripple putin. thank you. meanwhile a plane chartered by the u.s. military coalition was forced to land in iran. the aircraft was on its way to

dubai from afghanistan. when officials say they ordered the plane to land not because of any political confrontation or tensions, but they said so it could pay some expenses and complete some needed paperwork. on board, 110 americans. that aircraft, though, was allowed to depart after it spent several hours on the ground. wildfire is raging near an american treasure in california. yosemite. crews are working to protect hundreds of homes in that area. about 700 homes forced to evacuate after the fire broke out yesterday. it has burned some 300 acres and is still out of control. fires are also burning in far northern california and oregon. from the dry weather out west to potentially dangerous storms here in the northeast, cold front we're told will be slamming in to a blanket of muggy air this saturday afternoon and that will mean

downpours. so janice, how extreme to we expect this to be. >> >> some delights might nflig getting out in the northeast.do expect this to be. >> >> some flights might not be getting out in the northeast. you can spot the cold front on the map? meteorology 101. look at that, plowing in to very warm muggy air mass. cooler drier air behind it. even cooler air early next week for the midwest. let's talk about the severe threat. you see all these showers and thunderstorms and thunderstorms popping up where we have the severe thunderstorm watch in effect until 9:00 p.m. local time. wnk th within that a couple warnings north and west of boston and pushing in towards connecticut. and then the potential for large hail, damaging winds, isolated tornadoes throughout the evening. and into the overnight. watch these temperatures drop. so 90 in new york, 91 in

philadelphia. that cold front of course pushing through. and then overnight and into the early morning hours, temperatures will drop 20 degrees. 68 for new york. that's around 6:00 a.m. tomorrow and then things will warm up a little bit. but the humidity will be gone for the most part. hurricane norbert, we are watching this hurricane that could potentially bring flash floods to the southwest into the weekend and early next week as the storm curves in to baja california. we will be concerned with flash flooding and the potential for thunderstorms, as well, as it eventually weakens. also high surf all along the california coastline. potentially life threatening surf and rip currents. so people need to stay out of the water this weekend. you also mentioned the wildfire threat as you move northward across the northwest. that is unfortunately going to continue. we can't get that moisture up toward this region where it's been very dry. and winds are going to cause the potential for more wildfires

unfortunately this weekend. so lots to talk about. we'll keep on it in the fox news extreme weather center. >> i wish i had the power with that map to move all of the thunderstorms in the east out to the west to help them out there. >> i've been asking for a imagine he cmagic wand and i haven't gotten it yet. >> we'll see what happens at christmas. thank you. >> definitely need water out their way. so meanwhile a stream of molten lafr haveva creeping tow homes. you see the video. lava flowing from a crack in the ground on hawaii's big island. scientists believe it's less than a week away from a group of rural homes. the governor signing an emergency order in case the lava crosses a highway which could cut them off from the rest of the island. and it happened to payne stewart. an oxygen problem on board his private jet that killed everyone on board. now that same problem may have struck again to that wealthy new

york couple flying their private plane as it continued off course for 1,000 miles. the cockpit frosted over they say ending in that crash off jamaicö43 into the sea. also comedian legend joan rivers died after suffering cardiac arrest following a routine throat procedure. now health officials are launching an investigation into her death. on my journey across, i've learned that when you ask someone in texas if they want "big" savings on car insurance, it's a bit like asking if they want a big hat... ...'scuse me... ...or a big steak... ...or big hair... i think we have our answer. geico. fifteen minutes could save you fifteen percent or more on car insurance.

a search is under way on the waters off jamaica where a small plane crashed yesterday killing two people. officials have found an oil slick in the area. the aircraft was carrying real estate developer larry glazer and his wife, jane. larry was believed to be the pilot of theors say they indicad there was a problem and asked to descend. radio contact was lost a short time later. congress is heading back to work on monday after its five week summer recess. but the house may not be in session for very long. just weeks and then they recess again.

and then they will campaign for their jobs in november. do you think they really work for a living? let's take a look at how most americans view congress. a recent poll has congressional job approval at 13%. disapproval, 83%. ouch. senior editor at the daily caller jamie wine steen joins us now. those numbers never go up. how come? >> they're not very good because i think the american public sees washington and what it's doing or what it's not doing in many cases and is kind of fed up with it. the american economy is the not going gang busters. yes, it has improved since the lows of the 2007 recession, but this is a lot of americans vice president really felt any of that improvement. they don't see congress getting anything done. they see a lot of in-fighting. anne frankly, there is this anti-washington feeling which is reflected in those poll numbers. a lot of people looking at those poll numbers wondering where is

that 12% and 13% that say congress is doing a good job. >> how do they flip that around and have an 83% approval rating? do you think that's possible in this day and age? >> i look at the numbers. last time they were above water, meaning they had more people saying they like what they are doing than they don't was in 2004, january of 2004. and they were just up a couple points. it would be hard to imagining is like an 80% approval rating. i think there was approximating that right after the 9/11 attacks, but unless something that unifies the country, god to p[?ñ anything like a 9/11 attac, but i don't see anything like 80% supporting congress anytime in the near future. >> and there is another interesting gallop figure. let's show this. why nothing ever changes. they were asked americans that. who deserves your election. only 1% s9% say most deserve re-election.

this kind of shows the schism i imagine. one reason why even if they will be back for two weeks, what will they get done in two weeks? >> it is a strange dichotomy in the poll numbers. they have liexisted a long time. you see an anti-washington feeling where they say those in congress are all bum, but when you ask about their personal congressman, they say my guy is great. which is why people aren't going to see very much change. you'll probably only see a few seats change in the house. but what will they get done? one main issue needs to get done or we'll see a shutdown and that's the continuing resolution to fund the government after october 1. and republicans want to get to that right away. i don't think they want to see the another s year because they see a real opportunity to retake the senate and they don't want anything like a shutdown preventing something like that happening. >> and one other thing that got them is export/import bank.

most americans don't know we spent billions of dollars going to china, going to russia, going to venezuela and some say just pull the plug. that won't happen. but can we reform the bank? >> well, there is a real fight over that and that is a real issue for a lot of conservatives and especially libertarian leaning conservatives, they want to defund and get rid of the import/export bank. but i don't see a strong fight happening this time around primarily because i think a lot of republicans understand they have a real opportunity to retake the senate. they do that want to get in a drawn out fight that might lead to a government shutdown, get a fight over import/export bank that might lead to a government shutdown. things can change. but i think it will be not much going on these 12 working days they have coming up. >> so you're talking about basically 12 days of treading water waiting for them to get their jobs back or have the senate change. >> absolutely.

and we're being generous here. 12 day, but it's really six full days and six half days. so not a lot of working days in washington going forward. >> you know, i'm going to run for congress. >> sounds like a pretty good gig. >> jamie, thank you so much. good to see you as always. >> thank you. 3/dncfamily, friends and fa getting ready for one last ovation for joan rivers. this as investigators look into how a routine procedure led to the iconic comedienne's death. . >> plus that cute little puppy in the window? he or she may have a heard life than you think. but the pet business is taking action to help man's best friend.

when folks think about what they get from alaska, they think salmon and energy. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america.

a private funeral for joan rivers set for only while the medical examiner says moor teres are needed to know exactly what led to her death. the comic died thursday in authorizin this morning. now state investigators are looking for the outpatient clinic where rivers went for what is itbm.biqerized as a minor procedure and reportedly went into cardiac and respiratory arrest. our legal panel here to talk about what that clinic might face. good to see both of you you. misty, i'll start with you you. who is legally vulnerable and also i think everybody is asking this question. why wasn't this procedure done in a hospital? >> that is the big question. and who is legally vulnerable is this facility. they could be exposed to a

medical made practice action. and the question is, did the standard of care require, did they deviate from that standard. number one question, why wasn't this done in a hospital. because a hospital has the appropriate measures in place to deal with an emergency respiratory situation. now, joan rivers is 81 years old. and has a heart condition. perhaps this should have they ever been an drought patient procedure to begin with and that's what the medical examiner will look at and a potential medical malpractice case. >> so who is legally liable? >> the medical facility. >> not the doctor himself? >> oh, yes, the doctor and the medical facility and anyone in the chain that gave joan rivers care on that day. >> bob, i want to get the patient consent shortly, but let's it talk about what sort of legal shield might the doctor have, the clinic, an necessary the an necessary these control guest. >> cause of death is important. in other words, if there was a breach of the standard of care,

remember you have to bridge that gap that any negligence was the cause of the demise. so whatever the findings are from the different testing that they will do will be relevant for any case. the kind of case that will be filed is a wrongful death action by the family for the loss of companionship and society of joan rivers. in addition to that, i think a positive comments taker should be made here. tremendous legend loved by so many. >> absolutely. >> but for her celebrity, but for her celebrity, i would say to you you the chances are there would be no outside investigation going on of this clinic. common person going in for outpatient surgery ends up either with a brain hypoxic type of injury which i've litigated or wrongful death, they will never be investigated automatically by the state. that usually is all done through the litigation, civil litigation. >> very sorrowful thing that has

occurred and let's hope that somehow this will shed light on some of the nameless, if you will. and misty, let me talk about patient consent. just because patients sign a waiver it shouldn't free a doctor or medical facility of gross they negligence. >> it's not dispositive but just another piece of evidence. a plaintiff will always argue, listen, i didn't have the proper disclosures. and we go back again to that, did this facility deviate from the standard of care that was required. did joan rivers get the problem disclosures as to what the rifshs were. did they tell her that a risk could potentially be death. did they tell her that maybe she should have this procedure in a hospital as opposed to an outpatient facility. again, yeah, this medical consent form, that does not end the day and give a defense verdict. >> is it their responsibility, the medical facility, to make sure that they're fully aware of

ms. rivers' conditions prior to that procedure?> certainly. >> sure. i mean, no question that the pre-existing heart condition is relevant. these kinds of surgeries by the way are done in outpatient facilities all the time. the question would be how severe was her previous heart condition that would have -- and remember, you do rely on your physician. you to rely on people.consented say this respectfully, loved her to death, she's amazing, that she consented to go to that if a sil based on the provider's advice. but ultimately in these type of cases, you will go down through the chain of title, if you will, the anesthesiologist, first thing you think about, the nursing care. but most importantly, did they do the proper pre-op testing to make sure they was good enough and n. healtin health, good hea have this type of procedure done in an outpatient facility.

>> i have to leave it there and, yes, i think we are all on the same accord that we will mississippi rivers very much. >> absolutely. >> and our hearts and prayers go out to melissa and the rest of her family. in thank you. >> thank you. for some happy krier news n. your parnds, well, you know the drill. your kid talks you in on getting a four legged brothers or sisters. turns out now more pet stores are refusing to call puppies in to puppy mills. so that means that more dogs in shelters are now finally finding loving homes. brian has more on this. >> more and more pet stores are actually choosing to sell rescue dogs from shelters rather than from those commercial breeders. we love pets converted its two stores to rescue operations in february after some of the dogs they purchased through a puppy broker became seriously ill with

that pneumonia and kidney failure. six ended up dying. the owner says the puppies were purchased throug5)tks the hunt corporation, an international puppy broker and distributor, were sick and came from puppy mills. >> we couldn't send the animals home in all good conscious knowing we couldn't guarantee their health. because we didn't know what was done prior to getting them. when we found out what was done, we converted immediately to rescue. >> he says the puppies were oversick and that the company masked their symptoms. hunt corporation says gil's allegations are false saying the hunt corporation does not work with nor approve of substandard breeding facilities, we only work with u schlusda regulated breeders. according to the uhumane societ,

there are about 10,000 puppy mills in the united states where anywhere from 10 dogs to more than 1,000 are bred for profit in abusive conditions. >> they're flooding our communities with puppies at a time when shelters are struggling to adopt out homeless animals. so they're contributing to the pet overpopulation problem. >> hunt corporation reiterates that commercial breeding is government regulated and while they support shelter, they support the right of consumer choice. >> and they're so cute and hopefully it will lead to healthier pets. thank, bryan. how animal news of a different sort. doctors are turning to an ancient healing technique to try to ease the pain of a pretty ancient creature. meet bubba, a came know toe dragon. vets are using being a could you punk cher to treat bone disease in his knees. >> we can look at his body

language. we know that last month he really started slowing down. he started to not eating as well. >> bottom line today we'll give hip the best[hpx care we can to. >> and they say the acupuncture seems to work. i believe that. bubba is apparently feeling better and these days he's getting around more easily. >> kind of cute. now the top story. we've been talking about the potential of american air strikes in syria. but you know what happened in africa? they took out a key terrorist leader there. but now there are warnings from that group that they are planning revenge attacks. and president obama saying our nato allies ready to help in the fight against isis. but what will it take to defeat the growing threat. captain bob wells gives us his take. >> we have a critical role to play in rolling back this savage

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a terror group in somalia the leader of the terror group was killed on monday. he is believed to have been responsible for the west gate mall attack in nairobi, kenya last year that killed 67 people. our top story right now, president obama saying our allies stand ready to assist in the fight against a radical islamic terrorist of isis. nato leaders agreeing that the

to the west as well as to the entire middle east region. and now we're hearing that the white house is reaching out to syrian rebels asking for their help on the ground. so what will it take to destroy isis as the president promises? captain bob wells is a he retired navy captain and former national security adviser for former vice president dick cheney. captain, good to see you. do you think isis can be getted sholly through air strikes alone without boots on the ground? >> it will take a lot more than air strikes and boots on the ground. it will take a comprehensive strategy. it's good to see the president's resolve at nato. in particular, it's also going to see the other coalition of the willing or coalition committed partners that have signed up for this particular threat. isis and isil should be taken very, very seriously. we've seen what it's done to the people of iraq, we've seen the implications cross border in syria, the gruesome beheadings

of the two journalists. this calls for a response and i think the resolve the president has shown in nato working with our partner allies is a good first step. >> let's take a look at the list you mentioned of our part they are they are allies. we have britain, france, germany, turkey, italy, poland, australia, denmark. if you look at that map, i'm struck by who is not on it and maybe who should be. how about and you hsaudi arabia? king abdallah was at the nato meeting. they could be struck by isis potentially before anyone else. why isn't there a compaalitio coalition? do you think there will be a broader coalition especially when you have abdallah saying you have to do something? >> these are great points. i think there will be a broader coalition. i think king abdullah was quite right when he was on the margins there of the nato summit in wales talking about a committed

coalition. i also think the united states is always engaged with the broader middle east countries in particular the arabian peninsula countries. we know that the secretary of state will be heading to saudi arabia. we also know secretary of defense hagel will be going to turkey. there will need to be a breerd coalition. to your first point, this needs to be a sustained response, something that really does need to take care of isil who has not only the capability but the intent to do great harm to all the western nations and the united states. >> and how about turkey. can we read them the riot act? at one level they have been funding hamas. how do all these crosscurrents coalesce into one fight with every against isis? >> well, turkey is a great important partner. it's a nato member and close frech friend and part they are with the krund. but they have a difficult time securing their 500 miles of border with syria. and they have differing views

with regard to how to bring forth peace within iraq and also within syria. so there,hj needs to be a meet of the minds. the meeting with second retary defense hagel and his counter parts will go a step further. and i also think the president's meetings really started a new day with regard to how to basically develop new coalition and new thought with this isil threat. >> certainly we hope that could be the case. and speaking of the president, his thinking has evolved over this year to put it mildly. you have the new york interview where he called isis the jv. another interview said he can't play whac-a-mole. and now saying they need to be destroyed. and now the white house potentially planning to arm syria. how hasn this thinking has kree

involved? >> i think it's evolved by events. i think there is a serious recalculation going on in our national security leaders within the interagency of the united states looking at the what ifs of isil. also the need to really tell the american people what is truly going on. president obama came in as a very idealistic president. it in his national security strategy, he always spoke about the world we seek. we have to deal with the world as it is. and we also have to realize that there are many forces especially in the islamic world that are still at war with us. i think president bush had it right with regard to the global war on terrorism p. i think still is. i also think you need to have an incredible network of u.s. capability, multiparty, multinational capability to defeat this particular threat. as they say, it takes a network to defeat a network. our net work to just has to be better. >> and it is a war. bob wells -- >> it is a war. >> good to see you. thank you so much for your insight.

men on the ground in benghazi the night of the deadly attack on our consulate. speaking out to fox news for the first time ever, a fox news exclusive, the smoking gun on benghazi. it's a report you won't want to miss. and heads up, a chunk of rock the size of your house is about to buzz our planet. we'll tell you what that is is h nasa has to say about this close encounter. ♪

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now for a look beyond the headlines. >> the left is obsessed with equality. its followers continuely struggle to redefine what thomas jefferson really meant when he wrote in the declaration of independence, that all men are created equal. that phrase alone has set off some of the most vivid legal batt battles in our history. the crusade for equality haunts america's debate over public education. in this back to school season, the diversity and multicultural fanatics continue to promote their ultimate illusion, a level playing field for students

everywhere. egalitarians want everyone to receive the same education regardless of his or her intellectual gift. tested be damned, natural ability aside, everyone should be able to attend the schools of their choice. everybody must be somebody. consider new york city's eight specialized public schools. renowned for their output of lawyer yets and pulitzer prizes. these include the brock science, brooklyn technical high schools. under state law, admission to these three is based on a single exam that tests the ability in math and reading comprehension. progressives wrongly conclude that the 12% of blackses and hispan hispanics accepted last year represents the usual white privilege. radical groups and their stooges in the state legislature are

pushing a bill that would add subjective criteria such as community service and grade point average, which in new york, is often is is result of social promotion. the naa is suing for discrimination and mayor deblasio, a friend of the teacher's union vigorously supporting junking the test only policy. a few pertinent numbers. of the 1.1 million students in new york's public schools, 70% are black or hispanic. the student there's no white privilege here, no discrimination, just a measure of ability. if anything, the left's complaints are an assault on asian students. renowned for family values, respect for authority and long hours of study.

the fact that many of them are poor only weakens the arguments of those who would brand these schools as elitist. as for many other american cities, the social engineers would rather try discrimination rather than the causes. single parent family, the battle over level playing fields is absurd enough to remind us of gilbert and sullivan. a team who's lasting satirical musicals are still performed in much of the western world. the rest of the -- claiming to be king. after a riot of plot turns, we hear the final judgment. when everyone is somebody, then no one's anybody.

>> a stunning journalistic effort tonight. fox news undercovering a new spoking gun on benghazi. tonight, fox news reporting presents 13 hours of benghazi, the inside story. for the first time, you'll hear what happened from the perspective of three men part of the an exteam theres on the gro. >> the car pulls up and parks here. a guy comes around from the side of the car. he's reaching like he's throwing something. and right as he brings his arm back to throw, i engage him. i move and shoot him two to three times. he goes down. and whatever he threw landed just short of our back gate and exploded, which then engaged. again, it was the is signal. >> this was bigger and it was more, the it was a larger force coming through. i mean, i'd seen 20 cars. g again, just starting to direct and taking him out.

>> like ducks in a row at a sho shooting gallery. hit one guy in the head and drop him. >> this important program, 13 hours of ben xwazy, the inside story airs just about an hour from now and at 9:00 p.m. tonight here on o the fox news channel. listen up. you don't need to duck, but an asteroid is about to give the earth a close shave or will buzz our planet tomorrow. it's going to happen afternoon time. nasa says it's going to be about 25,000 miles above new zealand. you won't even be able to see it with the naked eye, so there. >> as long as it doesn't hit us. that's going to do it for us. stick around, a healthy you is is up next and i'll see you in a half an hour. live healthy and take one a day 50+. complete multivitamins. with 7 antioxidants to support cell health. research suggests cell health plays a key role throughout our lives.

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welcome to "a healthy you." it's back to school time for millions of children nationwide, which is a big deal for students and parents alike. especially those families whose child suffers from a food al allergy. today, some life saving tips that could keep your child out of the emergency room. plus, we are joined by a woman whose made it her goal if life to not only kick cancer, but to make treatments more livable for everyone. but up first, a look at the cross fit and p90x fitness phenomenons.