prices for milk are up nearly 6% last year that. goes into cheese and milk. if you have teenage boys that chug milk. very expensive. watch out. bill: lime issue. now the milk issue. good luck, america. we're here for you wherever you go. you can't avoid us. martha: "happening now" starts right now. bye everybody, for now. jon: critical meetings at the white house as the president gets ready to lay out his plan to deal with isis. hello i'm jon scott. welcome to you and welcome to "happening now." >> i'm shannon bream in for jenna lee. john kerry traveling to several arab countries to combat isis terrorists taken over large parts of iraq and syria ahead of the president's address to the nation tomorrow laying out his strategy to defeat the islamic

state. just a few hours from now president will brief congressional leaders and his counter -- combat mission will be broader than previously plan but will stop short of committing any u.s. troops to a ground war. live from the white house, there were big political developments overnight. john huddy following the story from middle east bureau in jerusalem. hello, john? >> reporter: shannon, there were major developments overnight in iraq. the parliament named a new prime minister who is vowing to rebuild iraq's security forces saying that the country is under a vicious attack by isis. now his name haider al-abadi. she is a shia who is iraq's deputy speaker. he replaces former iraqi prime minister nuri al maliki. on the streets of people of baghdad say it is critical of that. same status quo. same players, just different

political positions. the main goal of the new government is ease anger among and be more inclusive of various sunni factions that felt marginalized under maliki and felt anger that helped fuel isis's power there. is feeling of urgency to fill two cabinet seats that remain vacant. this is very important, the defense and interior minister posts. prime minister al-abadi asked him a week to fill the vowing ts security forces will fight isis until there is victory. there is news coming out of the u.k. that the ministry of defense there is it donating heavy artillery, we're talking about machine guns and ammunition to iraq to help its security forces fight isis, in particular, kurdish forces in the northern part of the country that remain in intense battles with isis. so some help on the way.

shannon? >> john huddy live for us. thanks, john. jon: in this country lawmakers go back to work this week after a five-week vacation. there is a lot to do. not much time in which to do it. the house has 12 days in september and october before going back home to campaign. and then 15 days after the election. there is immigration to deal with, public transit, the export-import bank, funding for the government. not to mention isis to deal with. so what can we expect lawmakers to get done? ellison barber is a staff writer with the "washington free beacon." she has been checking with some of her sources on capitol hill. it has been called a do nothing congress. are they going to get something done before the election? >> not much. everyone i talk to on the house and senate the only thing they agree will likely get done is continuing resolution to fund the government. both republicans and democrats realize they need to do. to not do it and have another shut down would be bat for

everyone. that is likely to get done. other thing you may see something happen on the export-import bank. if we see something happen with that it will likely a short term extension they push it off to deal with it early next year. on the whole, look attentive schedule for the house and senate what you see is an election agenda, much more than legislative one. they will be passing a lot of bills and looking at bills on both side that benefit their candidates and get out further the message for their party and campaign there. they're hoping to push back in all their different campaigns. jon: so the idea they're not going to do anything that will have a great deal of effect on the election? >> right. that seems to be the main deal for republicans. at least they kind of realize they're in a good position. they don't want to ruffle too many feathers. they're trying to stick to passing bills that embodien the narrative and not do anything potentially will get them this trouble. a house committee is considering a bill to keep your plan in

terms of obamacare. this particular piece of legislation they're considering is sponsored by representative bill caz by, going up against mary landrieu in louisiana senate race. they talked about holding votes on campaign finance reform. that will not actually happen but push a narrative democrats are looking at for their re-election. jon: what about the house and senate want to put forward bills requiring the president to get approval before taking significant military action. >> they will have a briefing to hear what the president has to say today but two people told me they heard vague mentions of the possibility the house would have some type of a vote on isis-related issue that last week when they're supposed to come back the week of september 29th that. was vague detail and call it a rumor. they said something there is really good chance the house will actually not have that final week of session they're

supposed to have the week of september 29th at all. in terms of isis, that is something they will probably know more about later today after they have a briefing from the president. there is potential that something could be considered in the house. that last week if they come back. jon: under the war powers act the president gets 60 days to take military action before he is supposed to report to congress. the white house was saying i believe yesterday this isis thing, that, the isis conflict, they figure is going to last three years. wouldn't seem that the president could get away without some kind of congressional endorsement for what he intend to do for that period of time without a vote? >> right. he will need one eventually. the white house says they do want that eventually. right now you have ted cruz he wants them to come to seek congressional approval soon but seems to be minority in that opinion on left and right. a lot of people are saying republicans included white house has power to do. it would be good to seek congressional authority but not something they need to anytime

right now but certainly not an issue that will go away. jon: there was noll a lot of talk about impeachment back before the last break. republicans said they will not fall into that trap. they will not democrats go ahead theme into impeaching the president but might we hear a lot talk from the democratic side? >> you might. that and boehner's lawsuit was successful fund-raising campaign tool. jon: democrats made a ton of money off that. >> it was very effective. republicans are a lot quieter talking about the lawsuit. they realize they're in a good position. they don't want to do anything that will mess that up and cost gains in the senate. jon: ellison barber, from the "washington free beacon." will be interesting what if anything they get done. shannon? >> american marine locked up in mexican jail back in court this afternoon. lawyer for sergeant andrew tahmooressi, trying to get prosecution evidence thrown out. he was arrested you remember in march after crossing the border with legally registered guns at least here in the u.s. in his

truck. tahmooressi said entering mexico was a mistake. he simply made a wrong turn. william la jeunesse live in tijuana with what will happen today. william? >> reporter: shannon, that evidence trying to get thrown out because it was obtained legally. the key piece of evidence the judge is going to see today the surveillance tape from the tijuana port of entry the night andrew entered mexico with the guns in hess truck. the defense believes it will show, number one, that andrew is telling the truth and secondly he did not intend to break the law. he got a green light to enter mexico without inspect shun. tahmooressi who approached the customs agent. i made a mistake. i need to turn around. he was sent to secondary inspection entire nightmare began. they will show that mexico detained him for seven hours without access to attorney, to the consulate or written bill of rights in english as required by mexican law. therefore the evidence obtained afterwards is tainted, poisoned

and inadmissible and the case should be dismissed. >> what we intend to prove, first and foremost is his prolonged detention at the border inspection station at the secondary inspection area for what amounted to almost eight hours that is the main purpose of viewing the tapes. >> reporter: also today the defense will lay the groundwork for tahmooressi's release on humanitarian ground by introducing the psychiatrist whose report next week we believe will show that andrew's medical and emotional condition is deteriorating while he is in prison. that he was sent to california for of course, because he had a severe case of ptsd. that is care he has not received for almost six months. mexico is incapable of providing it. we expect sometime in the near future, both legal motion and diplomatic push to request that mexico release him on humanitarian ground because prison of course is about

rehabilitation. it is not about punishment. that should come sometime in the near future, shannon. at the courthouse behind me proceedings get underway 11:00 local, 2:00 p.m. in the east. today is about evidence. it is not about rulings. so andrew will probably not be released if he wins for several more months f he loses, 21 years in prison. back to you. >> william, thank you very much. jon: an air marshal the target of a vicious attack. wait until you hear what the weapon was, a syringe filled with a strange substance, now in his body. the suspect in the brutal murder of a 12-year-old girl face-to-face with the jury as members announce a verdict. also record rainfall in a the past country that normally doesn't see much, bringing damaging and deadly flooding and it may not be over yet. >> the street gets closed quite frequently. and you about the last couple really heavy rains it has been real unusual in that the water has been way up on both side.

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people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america. jon: right now the fbi and the cdc are investigating after a us air marshall was attacked with a syringe full of an unknown substance. it happened at an airport in nigeria. that air marshal was immediately flown back to houston, texas and taken to the hospital. officials say it appears to be an isolated incident. there have been no indications of danger to other passengers. a jury convicts thomas sanders in the 2010 kidnapping and murder of 12-year-old lexis roberts. next week the jury will begin deciding whether sanders will be put to death for the young girl's murder. lava from hawaii's willow way waa -- kilauea volcano are

spreading. it is miles from homes but are warning it could reach a subdivision in a matter of days. >> fox extreme weather center, record rainfall flooding southwest. check out this mess. cars in phoenix almost completely submerged. rain hitting nevada, arizona, utah and turning highways into rivers trapping drivers. two people died in arizona when their cars were swept away. the governor is declaring a state of emergency. we have fox news coverage. maria molina in the fox news weather center and adam housley from the west coast newsroom. we'll start with adam. >> reporter: shannon, half a year's rain came down in the phoenix area in half a day. a deluge of water really flooded the area. they are expecting some rain today but it has been quite a tough 24 hours there as well. yesterday's storm is the remnants of hurricane norbert from the pacific. as much as four inches of rain

soaked the area, beating single day record in phoenix metro area. left cars stranded on freeways and parking lots flooded and surface streets turned into rivers. more than a dozen water rescues. two people died. one of them was swept away when the husband and wife tried to drive across a wash near tucson. pumping stations couldn't keep up with it as the water came rushing into neighborhoods after retention basins and canals overflowed, stranding drivers who said it was a scary situation. >> had to wait inside of the car until the pressure equalized from the outside to the inside with the water. open the door to get out. >> i was scared i would drown inside so i crawled out the window. >> reporter: parts of nevada and california got slammed with the rain. stretch of i-15 near las vegas collapse and nearby homes were flooded. east of los angeles in riverside county, they dealt with flash flooding as well. downed trees and power lines.

cars under two feet of water. there were fires out there in recent years. mud came down as well. southwest like the west, dealing with a drought. national weather service says it doesn't put a dent in the drought situation at all. california only got a real little bit of rain in southern california. still a long ways to. we're not totally out of the woods as we look here shortly, shannon. shannon: pictures worth a thousand words. adam, thank you. jon: all that rain and not a dent in the drought. that is bad part of it. the threat is not over yet. fox team coverage continues with fox meteorologist maria molina. >> good to see you, jon, and hello, everyone. the threat is not over yet. we have significant rainfall accumulations out here. we're talking about totals up to three, four inches of rainfall. that doesn't seem like a lot to people who live in parts of the east especially florida but this is the desert southwest. we don't see this much rainfall this quickly in places like arizona or parts of southern nevada. so that is really why you've seen the incredible images

coming out of the region. the forecast for the storm system to continue to move eastward. by 5:00 p.m. on wednesday, take a look at the forecast. it will be a much quieter picture out here not only in arizona but southern parts of nevada as well but southern parts of the state of california. we could see additional inch of rainfall across this region. western parts of colorado could look at isolated heavy rainfall. that threat for flash flooding because not over just yet. we're looking at a little more rain today. we still have the flash flood watches in effect. jon, some of that energy will move eastward. we have a front moving across the center of the country and today into tomorrow we're looking at risk for severeps so, tornadoes, damaging wind and large hail will be possible. over to you. jon: all right, maria molina, in the fox weather center. thanks, maria. >> thanks. shannon: well the dutch out with a preliminary report on the crash of malaysian airlines flight 17 over eastern ukraine. what it says and what it doesn't say about that disaster that

killed 298 innocent people. president obama about to unveil his plans for defeating isis. what does he need to say and what do the american people want to hear? [ breathing deeply ]

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jon: right now an early report from the dutch safety board says malaysia airlines flight 17 was probably struck by quote, high energy objects. all 298 people on board died when that plane broke apart and fell from the sky over eastern ukraine. the report stops short of saying the plane was shot down. amy kellogg following the story from london. amy? >> reporter: well, jon what is remarkable about this report so far investigators have not even been able to get to the site of the crash because of the fighting. so this preliminary report bases

its evidence on photographs, air traffic control and also the black boxes which were in fact recovered of the as you said, jon, it stopped short saying that mh17 was shot down but this reference to multiple high energy objects hitting the plane is really is consistent with the theory that has been going around all long, that mh17 was taken down by a surface-to-air missile. whose missile that remains to be seen. experts are talking about a proximity missile that blows up close to its target so the components pierce the target many different places to cause maximum damage. blacks box recorders sound there was no distress call or signs of mechanical or human failure. more bodies were repatriated today, these to malaysia. so far 193 of the 298 bodies have been identified. investigators are still in the process of trying to match dna with body parts that have been recovered because international investigators have not been able

to get to the scene. they don't know whether anymore body parts remain in ukraine. investigators reiterated that they get to the scene because time is not on their side and they need to do forensics work. >> perhaps, you could say we are a little bit behind but we're not behind with the truth. we tried to make a report that is for the next of kin very important but also for history. >> reporter: the next report, jon, from the dutch safety board will come out in about a year's time f it does determine in fact that a missile mitt hit the plane it will not be saying whether it was ukrainian or a russian missile. it will not be apportioning blame. that will be the job of the dutch public prosecutor's office. there is a investigation that is criminal investigation run on international scale run bit dutch. they feel confident, i spoke to them this morning, they will get to the bottom where the missile eminated from and took the plane down. job. jon: seems tragic there is not

more international pressure being applied in this case. amy kellogg. thank you. shannon: there was more shelling overnight. that cease-fire brokered in part by vladmir putin who is accused actually aiding the separatist it. the russian president reportedly said he could take over the ukrainian capital of kiev in two weeks. what is his long term game here? kt mcfarland, former deputy secretary of defense in the reagan administration and fox news analyst. always good to have you here to break this down. we have the report on the flight. no surprises there but again leaves us with a much bigger question, who, if it was a missile fired it. >> exactly. who fired it? probably pro-russian separatists in eastern ukraine. this is part of putin's plan. when i was in kiev in june and met with all the military, tell again officials. putin invaded our country. it is phony war. it is hybrid war. it looks like he has not

invaded. he is sending in special forces and tanks but don't have russian insignia. he is destablizing our country. at end of the day, he will deny it all. it is just russian separate rate ofs that want to leave ukraine. he understands how to play the west. he understands the weakness. he understands that we don't want to fight with him. he understands as long as keeps this in georgia and do this crimea, do this in ukraine, do this in moldova. he can do it in estonia. i think his goal he wants it all and wants to destroy nato. shannon: nato is talking about getting tough. multiple rounds of sanctions from our country, european countries. i read this morning, we're sending a team, to moscow, to talk to russia about potential violation of missile treaty in 1987. do we have any sway? what will we get out of this meeting? >> probably a very little behalf

laws we have very little leverage. all the leverage we had we couldn't use. putin will tough it out. he has a big goal in mind. tough kind of get into his head. when he was a young man and wrote his graduate dissertation, he said russia used to be the soviet union, great soviet empire. we collapsed because americans cheated us and lied to us and stole from us. here is how we will get it back. he laid out the plan. use russian oil, russian natural gas to become rich and repair. he was then going to declare russian citizens of all of the ethnic russians, who are all those border land along the soviet and russian border. he has done that. he will send in special forces to detablize them. he is doing that. at the end of the day he knows the west probably won't respond because why? there is an article v in the nato treaty that says an armed attack against any one of our nato members will require all of the nato countries to respond.

but the word armed is the key. he knows that that is the loophole. as long as it looks like he is not sending tanks across the border the west won't respond. shannon: as you and i said, some people say he is crazy but maybe can crazy like a fox. >> crazy like a fox. shannon: kt, always appreciate your time. jon? jon: shannon, as you and kt were talking we got word in the fox news alert that president obama will make a prime time address to the nation, 9:00 p.m. tomorrow evening. and that it is going to come from the state floor of the white house. now, couple of changes here. we had been told, originally, that the speech was expected to come from someplace other than the white house. we also were told to expect it sometime in the afternoon. but the president has decided to lay out his plans to take on isis, prime time, 9:00 p.m. tomorrow night from the white house. obviously this country will be paying close attention to what mr. obama has to say. well, apple, always the

technology trendsetter, now the world is waiting for its new iphone 6 and something else that could make its big debut today. what that is, we have the lowdown. shoppers at home depot might be at risk. what the home improvement chain just revealed that could affect millions of folks who use credit and debit cards at its stores. we're live with more on that. pizza prices could be on the rise. why a slice could soon cost you more next. óqoqúúñ@

jon: still to come in this of "happening now." shocking revelations who added the line absolving the phoenix va of any wrongdoing in the inspector general's report. a virus targeting kids is spreading with the cdc trying to answer a crucial question when the illness begins like a cold before turning into something more dangerous. plus you might have to shell out a lot more dough for your next pizza. why the prices for slices could be on the rise. well, take a long look at your iphone. it could be outdated in a couple of hours. apple fans lining up as the world waits for the next big thing. apple expected to unveil the iphone 6 with a bigger screen. maybe even an iwatch. it is back to the future for apple today. take a look at an auditorium in

cupertino, california. this is where steve jobs unveiled the very first macintosh computer 30 years ago. we'll have more on the big launch and what it means from fox business network later on "happening now.." >> now to a data breach that could be the biggest in history as home depot confirms its payment systems were hacked which potentially exposes millions of shoppers who use credit and debit cards at the home improvement giant. dagen mcdowell join us now, fox business anchor. good to see you. >> good to see you. shannon: this is not good news for people shopping at home depot. >> i shouldn't be smiling and sound upbeat. it is not, home depot confirmed the malicious software was put into place by hackers affecting 2200 stores in the u.s. and canada. it is trying to root out its malware that infected its systems, to protect customer data but did not say or even if the breach had end he had. it appears this breach could

have gone on for more than four months. been going on since maybe april. and that would be longer than the hack attack on target which was very similar, and that would potentially mean 40 million credit and debit card accounts at target were affected last year. so we're looking at tens of millions of account at home depot. it could be the largest data breach, largest hack attack like this one in history and i should point out according to some reporting that is being done, parts of the software used in both of these attacks appear to be similar but that doesn't necessarily mean that it is the same group of hackers because you can buy this malware. shannon: buy and trade so if you have shopped at home depot and worried about this, do you think people will get individual notice? will home depot provide any credit checks for them? what is their best advice at this point? >> apparently the banks and credit card issuers have not started notifying customers yet that their account, their credit

card account or deb card account was compromised. home depot is assuring customers you won't be responsible for any fraudulent charges. if your information was stolen and it promised to offer free identity protection services including credit monitoring from affected customers. you often get a note that your account may have been compromised. watch your statement. if you shopped at home depot recently they're on the hook to pay for your credit monitoring. >> that is good to know, like you said, target is other one we think of, the big one that happened but you think this has potential to be bigger? >> it could be bigger. >> notify folks, the hack something done we got it under control? >> you will find out more from home depot. it is publicly-traded company. they have to disclose that kind of information. customers, if your credit account was compromised you will find out. be on the lookout for it. home depot, the ceo of target is out of there.

home depot, the ceo they already have plans in place to change the ceo. but again it really hurt business because it was over holidays and people stopped shopping there. shannon: they get very nervous. we found this to be disturbing as milk prices all-time highs as cheese stockpiles dropped and that could translate into higher pizza prizes as football kicks into gear. the breens have pizza three nights a week. >> you have start eating no-cheese pizza. shannon: do you know i can't cook very well. peanut butter and jelly, pizza. dairy prices when they go up, that affect as slew of products. >> you don't even think about it. milk futures hit a record high. we've been exporting a lot of dairy products. supplies of cheese and butter have been shrinking and normally consumption of cheese in this country and of butter it goes up in the fall because people are eating more pizza, watching football and because bakeries are getting ready for the holiday season with the pies and

cakes and pastries and what not. the upside is, cheese consumption in this country is expected to hit a record this year. we're not eating less. milk will climb to all-time high as well in terms how much we consume. but our prices are higher here than they are overseas in terms of milk and milk products. we should be importing stuff sooner rather than later. you're going to take a hit but you know what? are you really going to forego pizza? no. shannon: if it goes up five cents we'll still have it. >> exactly. shannon: anything folks do to plan for this? you ride the market? will it stablize after the holidays. >> eattrieskets with no cheese. shannon: how can you eattrieskets with no cheese? >> if you have love pizza, only alternatives, don't want to eat any price increase you might experience, by the way a lot of pizza companies might eat it if they think it's a

thing. shannon: i have a friend who eats pizza without the cheese i think that is pointless. maybe she will be ahead of the curve for the rest of us, dagen. >> i eat cheese with pizza. it has fried eggplant for it. doesn't do anything for the waistline. shannon: good to see you. >> thank you. jon: i think pizza has all of the key food groups. it is perfect food. there is a new report about the investigation into the va and veterans who had to wait for care at a phoenix va facility. the single sentence in the inspector general's report that could change the course of the investigation. when it was added and what the va has to say about this new scandal

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jon: 11 minutes away from the sop of the hour. check out what is at the top of the hour on "outnumbered." what do you have? >> congressional leaders will meet with president obama to outline his plan with isis. new polls are showing americans are loading confidence in the president's ability to lead. the ray rice scandal, one media outlet believes the nnfl ignored graphic video of the incident. >> a dating site under fire for mentoring program to help people improve their looks. >> all that plus our #oneluckyguy. all happening on "outnumbered" at top of the hour. jon: sound like a good show. we'll see you then. >> thank you. shannon: we're awaiting a response from lawmakers as the senate veterans affairs committee hold as hearing on the investigation of the va phoenix medical center where 35 or more veterans allegedly died waiting for care. the hearing comes as the "washington examiner" releases a

shocking new report. it reveals, quote, crucial language that the department of veterans affairs inspector general could not conclusively improved delays in car caused deaths at phoenix hospital was added to the final report after the draft version was sent to va agency administrators. on friday the va directly responded to the author's earlier assessment a report in today's media questions integrity the dedicated men and women work in our organization. there is no basis in fact to these allegations. we have senior reporter from the "washington examiner." mark, your report spark ad whole lot of interest and a whole lot of response. we have more from the va as well. the reporting makes it sound if there was a draft report that went to va officials and after that draft report that went to them that line was added, that said they wouldn't conclusively put those deaths, the va deaths on the circumstances in phoenix. the va says there were no

material changes to the report. so what say you? >> well, there is a number of problems with that particular line in the report, this conclusion that they can not conclusively assert that delays in care directly led to patients deaths. the first question, how did that get into that report? as you say the draft report did not include it that was sent to the agency for comment. suddenly it appears out of nowhere in the final report. in fact the va, even before the ig report was released in i believe august 26th, the va put out a press release touting that single line. that is really the bottom line of that report. the report runs 143 pages but the takeaway from it and the one that was picked up by awe the media with the help of the va's press release was we can not conclusively prove that delays led to deaths. another serious problem with that what does that mean? if i go in and have colonoscopy and wait six months for it and

they find cancer, no the delay did not cause my death if i die but it did affect my quality of care and it affected my treatment options and potentially it did affect the success of any treatment that subsequently occurs. so just saying that we can not conclusively prove that the delays caused the deaths, that was never the issue. >> well, and a lot of folks have been asking questions about this report and the full integrity of it. the ig for the department of veterans affairs prepared this report also sent a response to congressman jeff miller on the house veterans affairs committee and in part they said, i an assure you minimal changes were made to the draft report following receipt of va's comments and changes were made solely for purposes of claritity and in no way altered the substance of the report. so when did that extra line get in there? in your estimation does that alter the sun stance of the report if that line was indeed added after the draft went out? >> sure.

it changes the whole dynamic of the report. as you said, the report is 143 pages long i believe. to say thaw added a single sentence, technically that is true, that is minor change. that is one sentence out of 143 changes but that sentence is the bottom line of the report. that sentence is the bottom line of what this investigation is all about as were patients harmed by manipulation of patient wait lists and delays in care. in terms of 143 pages it is a minor change but in terms of the context of this report as evidenced by the va putting out press release even before the report was issued, it is huge. it changes the whole context of the investigation itself. shannon: and there, mark, there is so much heat on the va. that would include the inspector general's office as part of the agency, though independent in its investigation but bipartisan heat coming down on the va. so why wouldn't the ig want to expose fully what happened as

everybody is still talking about resolving this problem? we're having a lot of debates on the hill. it doesn't seem like we have a whole lot of concrete progress yet. certainly they haven't come together to agree on legislation to get passed but why would the ig, in your estimation, if you think he did or didn't, why would the ig want to soften this? why would he want to make it look like there wasn't more culpability here if there was? everybody wants a solution to this thing. >> just to be clear, people are not necessarily questioning the independence or the integrity of the inspector general himself. they're asking, how did you go about this investigation and how did reach these conclusions? one thing that is important to note the whistle-blower in this case, dr. sam foote, went to the inspector general in october of 2013. and according to dr.-foot, the ig didn't show too much interest in it. this broke into the public in april of this year when representative jeff miller at a veterans committee hearing publicly aired these allegations

and directed the inspector general to thoroughly investigate and get to the bottom of it. one question that came you, what did the inspector general do with the initial contact with dr. foote way back in 2013 and april of 2014, when congressman miller made a public issue of it and it kind of caught fire in the national media? so that is a question the ig needs to address. according to dr. foote he tried to raise these allegations when he first approached the inspector general. they weren't terribly interested in them. shannon: this administration in the top down said whistle-blowers would be protected and not punished. we'll watch and keep very close eye on this particular case as well. mark, thank you. >> thank you. jon: fourth american with the ebola virus comes home. the latest person to contract that very deadly disease. where the patient is being treated ahead. plus, an uncommon respiratory virus sickening children across the u.s. what parents need to know.

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jon: right now a sudden and puzzling surge in uncommon respiratory virus in children has health officials scram plink. these 10 states mainly in the midwest and south are asking the cdc for help with something called enterovirus 68. it begins very much like a cold. some children quickly develop wheezing and have trouble breathing. we have a board-certified internist and with us now for more. i guess this virus is related to the cold virus, rhino virus, right. >> most enteroviruses is mostly gastrointenstinal. this is unusual. jon: it start the like a cold?

>> it does. sniffles. kids feel run down, itchy eyes, and suddenly tired. it morphs into more serious respiratory infection. the child feels short of breath. what is troubling, some children required just not just hospitalization and intubation in respirators in the icu. that is what is scaring everybody. jon: to the parents it looks like a cold but all of sudden turns very much worse and for kids who already have asthmatic conditions and breathing problems of some sort, it can be very, very dangerous. >> it is particularly bad as you said. children who are asthmatics but children with other allergies and food sensitivities and very young children. these kids are really vulnerable. it can attack adults as well. jon: why this year? this has been around and there was a flare up last year but why this year is seems to be causing so many problems. >> jon, people don't really

know. the viruses come out of nowhere. they are in the population to lesser degrees and starts catching on. so that the is problem. jon: when you look at a map of states afflicted it is pretty much contiguous. it could go nationwide. >> it could. adults could get infected. jon: adults as well. >> they could. jon: we heard mostly it's a problem among children. >> that is true. adults can get viruses with outbreaks of rotavirus, adults can get that as well. jon: summertime cold, parents should treat it with a little extra caution. >> if your china has allergies and ex-sema, think about boosting your child's i am nuon system. give them probiotic and multisite tin. jon: the usual warnings about washing your hands. >> all of that stuff is very important now. jon: dr. sue, thank you very much. >> thank you. jon: shannon? shannon: jon, brand new stories we're walkworking on the next hour of "happening now."

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>> do this again at 1:00? >> yes.

we'll bring you a brand new hour. "outnumbered" starts right now. >> this is "outnumbered." today's hashtag one lucky guy, the executive producer of "imus in the morning," bernard mc gert and he's outnumbered. >> i like that. yes >> that's your next campaign slogan. >> you've got a future. >> keep this working away. >> work with mc gerk the jerk. how about that? take it easy. what are we doing over here? >> no. we're going to wait to dispar age you in like the d block. we have a lot of business today. let's get to it. president obama set to meet with congressional leaders before addressing the nation tomorrow night in prime time on the isis