martha: busy day. important night ahead tonight for the president. we'll cover it throughout the day. eric, thanks for being here. >> thanks for having me. tomorrow a big day too, september 11th. martha: "happening now" starts right now. see you then. jon: president obama set to deliver a prime time address to the nation laying out his plans to take down the terrorists of isis. good morning to you, i'm jon scott. welcome to "happening now." shannon: i'm shannon bream in today for jenna lee. the president will make his case directly to the american people tonight at 9:00 eastern. the white house seizing the moment for prime time address after positive reaction to the president's remarks sunday on "meet the press." after the formation of a new government in iraq where secretary of state john kerry just met with the prime minister. there are reports that president obama's ready to order air on isis targets across the border in syria.

jon: we have live fox team coverage. john huddy is covering the secretary of state from our middle east newsroom but we begin with correspondent jennifer griffin from the pentagon. jennifer, what more is the president expected to announce? >> reporter: jon, we're told the president will ramp up the pace of airstrikes over isis targets in iraq but he will stop short of directly announcing u.s. strikes on the terror organization's hub inside of syria. however, he may hint at it, we're told. you may remember this quote from vice president biden. >> we take care of those who are grieving and when that is finished they should know we will follow them to the gates of hell until they are brought to justice. [applause] because hell is where they will reside. >> reporter: one senior administration official here says that strong language about chasing them was no accident. even if the president doesn't directly announce it tonight, we should expect airstrikes inside of syria within the next 30

days. strategically agreed hitting isis inside of syria would be effective but the optics ofg syr al-assad has seriously delayed that decision so far, jon. jon: what about more boots on the ground? any decision from the president on that? >> reporter: we're hearing he will put more boots on the ground in form of so-called advisors who will be tethered inside command posts inside of baghdad and north in erbil. it likely will not amount to more than a few hundred troops. u.s. senior official said they need 1,000 advisors to defeat or destroy isis. right now they have 300. right now u.s. forces are not allowed to leave their posts to fight with the iraqis. not likely the president will give them permission. pentagon officials say they need the authority to be effect i have on the ground, jon. jon: jennifer griffin from the pentagon. thank you. shannon: secretary of state john kerry visiting iraq and jordan to build support for american

intervention in that area. in baghdad he met with the new iraqi pre minister two days after he assemble ad new cabinet. john huddy with more fox team coverage from the middle east newsroom in jerusalem. hello, john. >> reporter: hello shannon. just about an hour ago by the way the secretary of state kerry spoke to the media and said the world can not watch evil spread and called on all countries in terms of isis to say enough. talk about the meeting with iraq's new prime minister, haider al-abadi. it lasted several hours and really two main points were discussed between secretary kerry and the prime minister. one, how the u.s. can increase its support of iraq's new government and then, two, how prime minister al-abadi can increase the role of sunnis within iraq's government. sunnis have felt marginalized in iraq particularly under former problem nuri al maliki's and

that fueled anger with isis. to help resist isis and weaken the militants's group hold in northern iraq. this as shiite militia and kurdish forces continue to battle the islamic militants for control of various regions in northern iraq and syria as well where the fighting continues along with that in iraq. secretary of state john kerry is going to be leaving iraq shortly. he will fly to jordan, shannon. after that, tomorrow he will be going to saudi arabia, again, as part of the push to build that international coalition of forces of nations, of countries to come together and fight isis. shannon. shannon: john, thank you very much. jon: court action for an isis suspect here at home as a denver woman is expected to plead guilty to trying to help the terror group in syria. shannon conley was arrested last april at the airport trying to board a flight she thought would

get her to syria. reportedly she told fbi agents that she wanted to use her skills as nurse's aid to help isis. she wanted to marry a man she met online who claimed to be fighting with the islamic state. shannon: on eve of 9/11, new information about the country's counterterrorism efforts. secretary of homeland security jeh johnson will speak in couple hours. he will address the department's counterterrorism efforts, cybersecurity and border security. this speech comes two days after johnson said the worst is over when it comes to the border crisis. jon: well the world is waiting to hear what president obama has to say. we will be listening to that speech tonight. also, a lodge owner entrusted to help keep his guests safe, now accused of committing a heinous crime against them. what police say he did. plus, he has led the charge on the irs scandal. now the surprising phone call that congressman darrell issa's office received from someone in

the justice department. why they say it is revealing because it wasn't meant for them.

shannon: look now at some crime stories we're keeping an eye on. a father in custody after the bodies of his five children were found in alabama. as of now he is facing child neglect charges. but other charges are pending with the d.a. saying he is a suspect in the children's deaths. a brutal murderer put to death in missouri. earl ringo was the 8th person put to death. convicted in a 1989 robbery and double murderer of two employees at a ruby tuesday's restaurant. an owner charged with drugging and sexually assaulted 16 of his guests. they were overseas tourists between the ages of 18 and 25. jon: the world waits to hear what president obama says in tonight's prime time address on isis.

you can watch it here on fox news channel at 9:00 p.m. eastern. the timing meant to convey the seriousness of the threat but will his previous statements come back to haunt the president? for instance, calling the isis, a jv team, or saying that he can turn it into a manageable problem? peter baker, chief white house correspondent for "the new york times." you wrote about this in the "times," peter, saying that some of what the president has said in the past is going to hurt his efforts tonight to address the nation on a path forward. >> he has a real challenge, right? what he has been trying to tell the country in these last few years the tide of war is receding. that is the phrase he used in 2011. his goal was to pull out of iraq and out of afghanistan, get the nights out of business intervening all the time in all of these countries. tonight he will have to explain why that is not the case. why he thinks this is a different situation and different challenge, combating isis not just in iraq as he has

been doing last month or so but in syria itself is worth american resources and military plight. it is little tough challenge to square that circle there. jon: an interesting challenge as well because, taking on isis inside of syria , going after isis, in syria, wind up helping bashar al-assad, the guy president obama said had to go. >> that is something that troubled the administration. they have been working three years to undermine president assad. they said he had to go. they don't want to do something that helps him even by extension, the threat is such that the president decided to do that chance. he will built up alternate opposition to president assad that will fight isis, the free syrian army, the more moderate as they call them, rebels inside syria. that is something as a challenge for three years. these guys have not been successful on the ground. even the president himself told

my colleagues the idea that united states could have turn the tide if they arm them was a fantasy. now he has to turn the fantasy and reality. jon: there is problem between how the president's critics see his words and supporters see his words. supporters say we're paying too much precisely attention what he said and not looking at bigger picture and larger context. >> that's right. they say his opponents distort what he wanted to say and make it out different than the context he said it in. i'm certain there is something to that. there always is in politics. but they also say look, even if he misspoken at times or if his statements turned out to be premature, at least not same as what president bush did when he said iraq had weapons of mass destruction that it didn't have, when he spoke in front after banner with mission accomplished obviously before the mission was accomplished, things like that. what matters right now is what he is going to say tonight and how to try to reconcile his own past assessments of both the

theft in the middle east and america's role in places like that with what he wants to do now going forward. >> right. because his detractors as you point out in that report suggest that he is simply has a fundamentally misguided view of the world as it is. >> no, they think that his statements that seem to be out of kilter with today represent a flawed judgment. you know, he doesn't understand the threat that america still faces now 13 years after 9/11 and that his misjudgments reflect a desire to see the world as it is, as it could be, as he would like it to be rather than as it is. again the white house say that is overstating it. they would defend him and say he simply expressing his desires for how the world should be and don't we want a president who does in fact, long for a time when we're not at war. jon: he apparently told his aides that he believes he has all the authority he needs to conduct these airstrikes against isis in iraq.

what about going into syria though? is that a whole another kettle of fish? does he need con aggressional approval for that? will he get it? >> it is somewhat different in the sense that of course iraq asked for american intervention. you have the requests from the government, the sovereign government, president assad of syria, not asking for america to strike inside of his country. as a matter of congress you have the interesting moment where congress doesn't want to vote on it self. they have elections coming up. the president will rely on his commander-in-chief authority under the constitution to pursue isis inside of syria on the ground as a threat to american national interests but he doesn't think he needs authority from congress but he wants to get some buy-in from congress. they may want a way for congress to show support by perhaps approving funding for syrian rebels to be trained to fight isis. jon: a fascinating speech to watch. peter baker, "new york times." thanks for joining us. >> thanks for having me. jon: tonight at 9:00 p.m.

eastern the president will speak to the nation on his strategy to defeat isis. complete coverage here on fox news channel as well as on the fox broadcast network. >> right now a new shocker in the irs political targeting scandal. this one linked to the investigation by the justice department with word that an aide to attorney general eric holder accidentally called the house oversight committee chair, republican darrell issa, asking for help leaking document the and spinning the story. doug mckelway live in the washington bureau. doug, i can't imagine the moment he realized he wasn't talking to who he probably planned on talking to? >> reporter: yeah, oops. the poisonous relationship between house republicans and eric holder es justice department took a turn for the work of after oversight committee staff received accidental phone call from doj spokesman brian fallon.

who had mistakenly wanted to call the minority starve. he want to the leak a group of documents and spin their message, before the majority did. when fallon realized the call was to the republican staff and not democratic staff. put call on hold for three minutes and according to staffers audibly shaken. isis -- issa written to doj attorney general eric holder. he asks that you provide a detailed explanation for each of the department's ex parte communications with the minority members or staff about committee investigations or strategies for blocking or undermining oversight. issa wants answers by monday september 15th. d j's brian fallon issued his own statement saying there is nothing inappropriate about department staff having conversations with both majority and minority staff as they prepare responses to formnal ininquiries and conversations twine spokespeople for the

department and the committee. this apparent mistaken call, if it was indeed mistaken casts serious doubt on doj's impartiality as they conduct its own so-called investigation of irs targeting of conservatives. shannon: doug, thank you very much. >> shannon, my pleasure. jon: control of stake in the midterm elections less than two months from now. which party has the edge right now and why? we will go in depth of that the investigation. key american ally pushing get tough approach over ukraine. what that country's leader now wants to do. we'll have details next.

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jon: right now a key american ally pushing for tough new sanctions against russia over ukraine. german chancellor angela merkel wants deeper penalties targeting

russia's energy and arms sectors and tighten up on international loans to moscow. merkel says that while the cease-fire had improved the situation on ground there is still a quote, lack of clarity on the fulfillment of many other points of the peace plan. shannon: midterm elections now less than two months away and the gop needs a net gain of six seats to take control of the senate. right now five toss upstates according to larry sabato's crystal ball have yet to swing widely in favor of the republican candidate. let's talk about it. joining us kyle condit, political analyst, university of virginia center for politics and managing editor of sabato's crystal ball. good to see you this morning. what is the latest prediction? you're seeing a slight up tick possibly in favor of the gop? >> yeah, so for months now we've been saying republican gain of four to eight seats. we'll change that to five to eight. we just think that, just look at this map, there are a lot of

republican states with democratic senators, a lot of really good republican targets. as we get closer to election day, it is just harder and harder to see how the democrats really, you know, limit republican gains. i think the best-case scenario for democrats what would constitute a pretty good election for them is, just losing five seats and having a 50-50 senate where democrats would pain taken control but, joe biden, because joe biden would be breaking ties. shannon: exactly he would be casting extra vote as vice president, giving them the edge they would still need. let's talk about some of these states. where do you think that the republicans have the best, you know, long term shot in november? there were some states seemed like it might abqaiq walk for them. those races remain tighter than they thought they would. many you favor the gop they're still pretty close. >> yeah. there are probably six or seven seats that are basically polling within the margin of error right now. if you just go through the math,

republicans have pretty easy pickups in three democratic seats open, south dakota, montana, an west virginia. arkansas is another state that, i think is, probably rather be republican than the democrat at this point. louisiana, north carolina, alaska, iowa, those states are toss-ups. those are all democratic seats i named, assuming that republicans hold on to all of their seats which i think they're probably favored to do at this point, that is how you can sort of see then gaining five to eight seats or maybe potentially even more if the national environment even improves for them a little bit going down the stretch here. shannon: what is the best thing gop has going for it at this point? we all know drastic things can happen on either side of the aisle. it really hurt gop last time around when they had a couple seats looked within grasp and kind of slipped through their fingers. best at this point to sort of lay low, hope the trend continues? you know what is is the potential stumbling block for them going into november?

>> so i if i this you asked kind of the d.c. establishment republicans who their, best slate of senate candidates could be about a year ago, i think that is actually what they got. the tea party didn't really win any of these nominations. the d.c. leadership got who they wanted. some of these candidates maybe haven't performed as well as republicans had hoped, however, you know, i think, think key thing for republicans to avoid gaffs. frankly i think it is really important for republicans to pass a spending bill here because, if there were to be another government shutdown which i don't think is likely but i think democrats would certainly be hoping for it, that could really change the environment in negative way for the republicans. but here is the other thing is, that we had thought maybe going into this weekend that president might still do something on immigration through executive order that would maybe change the, change the overall scene here. he is not going to do that. and so i think we're starting to

get to the point where the environment that we have now is pretty close to what we're going to see in november. shannon: seemed like there was a lot of internal pressure for the democrats not to move ahead. many of them out there publicly speaking out against that, some vulnerable democrats, pryor among others. something to me so fascinate something this louisiana race. we know that senator landrieu, there has been a lot of talk about her residency over the last few weeks and it has been a tight race. the fact they have interesting, i will call it way of holding elections in louisiana, if this is tight, as the senate is hanging in the balance we may not know about that seat until well december because there may be runoff with that one. >> yeah, that's right. in louisiana, they don't really have a primary. all the other states completed their primaries now after last night. in louisiana all the candidates run on election day and if no one gets over 50%, it goes to a runoff in december. and mary landrieu is only democrat but bill cassidy, who is the main republican

candidate, there is another republican candidate who will probably get at least some votes. and so it is possible that landrieu could get over 50% on election day but probably not cassidy. i think likeliest outcome louisiana does go to runoff and possible that the control of the senate could be delayed until december. georgia, is another state that has a runoff that. state could also go into overtime and that is a state that republicans currently control. so, we may not know control of the senate on november fourth t may take a month or two later. shannon: really quick, we're almost out of time. i want to ask you, did you envision senate top republican race, mitch mcconnell would be as close as it is at this point? any chance he doesn't pull it out? >> so we actually have been pretty bullish on mitch mcconnell in crystal ball ratings. we always had him rated favorably even though the race is extremely close and

mitch mcconnell's popularity is not very good. however it is a republican state in a republican year and we always thought at that would be enough to get mcconnell over the finish line. i guess there is still a chance he might lose but i think polls are starting to break in his favor a little bit. so obviously when the senate minority leader in close race it will attract a lot of national interest but i think there will be closer races in other places. >> we'll see. kyle, thank you for all insights. good to see you today. >> thank you. jon: polling the passports of alleged terrorists. sound like a good idea but could it cost the u.s. valuable intelligence? we'll get into that. president obama's comments on threat of isis and evolving stance over a short period of time. >> i don't want to put the cart before the horse. we don't have a strategy yet. shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list, now it is.

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your insulin dose should not be changed without asking your doctor. get medical help right away if you have trouble breathing, swelling of your face, tongue or throat, sweating, extreme drowsiness, dizziness, or confusion. (male announcer) today's the day to ask your doctor about levemir® flextouch. covered by nearly all health insurance and medicare plans. jon: still to come this hour of "happening now," as the president gears up to outline his plan to defeat isis tonight, will what he said in the past about these tariffs come back to haunt him? we'll go in depth. new government report reveals what unemployed people are doing more than folks who have jobs. you might be surprised to learn what that is. al bait tore attacks a -- alligator attacks 12-year-old boy and the boy fights back. he shays his incredible story just moments from now. shannon: intelligence experts say there is a growing danger,

some with u.s. passports travel overseas to aid brutal terror groups and come back to the main land with murderous intentions. there is hearing look into the issue and whether citizenship and passports for those who aid terror groups can be revoked. chief intelligence correspondent catherine herridge from washington. hello. >> reporter: thank you, shannon. a short time ago during congressional testimony a state department official said the government has the right to pull someone's passport if they are suspected of supporting isis. >> the state department has the authority to revoke passports on national security ground. we are very concerned as you know about the over 100 americans that are, in the foreign fighter ranks. we do work with, very closely with our law enforcement intelligence partners on information, because we don't just unilaterally take passports of course. >> reporter: the downside is that after you revoke a passport it becomes more difficult to track the travel of suspects and

their network of connections. u.s. intelligence officials now acknowledge there are data on isis in iraq and syria is incomplete and they recently told reporters they doesn't have a strang handle on the isis leadership. you see baghdadi there, its iconic leader. former military officials and members of congress say the obama administration lack of interrogation program is to blame. when they pulled out of iraq where the u.s. military had a valuable intelligence function. >> afghanistan and iraq have been to great areas to gather intelligence. the day we pulled out of iraq we went deaf and blind in that region and we're about to do the same thing in afghanistan. >> reporter: the obama administration had taken the targeted killing campaign for terror suspects created under president bush and greatly expanded it. and while it is extremely effective destablizing leadership of terrorist organizations, by taking out its senior leaders, information on

the group's structure and its members and how they work together as cells is ultimately lost. >> dead people say nothing. only the stuff around them gives you information. the preference for droning and just killing them, justice from 30,000 feet, has resulted in a treasure trove of information, not being gained but lawful interrogation. >> reporter: we're now learning from a former pentagon official that abu bakr al-baghdadi was leader of isis was long on their radar we he took that position. he was held in 2005 at calmp buca. according to this official he was transferred to the iraqi government and the iraqi government released him and this came as a complete surprise to the u.s. government who knew he was a player and spent years hunting him, shannon. shannon: catherine herridge, thank you. >> reporter: you're welcome. jon: since taking office president obama has consistently downplayed the threat from islamic extremists saying

al qaeda is on the run, bearally mentioning isis. as the brutal terror group took more power his remarks were relatively slow to evolve. >> we don't have a strategy yet. our objective is clear. that is to degrade and destroy isil so it is no longer a threat not just to iraq but to the region and to the united states. we can continue to shrink isil's sphere of influence, its effectiveness, its financing. its, its military capabilities, to the point where it is a manageable problem. jon: rick grenell is here now to examine the history of the president's statements on terrorists. he is former advisor to four u.n. ambassadors to the united nations. rick, you say really from the time he took office this president has downplayed the threat to the american people from islamic terrorists?

>> yeah, from the very beginning, jon, he has done this and it really, it fit his political narrative that he as candidate in 2008 told us, that he would bring all the troops home from iraq and afghanistan. so this is a political promise. it is not a national security criteria that he is pushing here. and if you really look at the statements, whether they'recoulding from president obama, or susan rice sending the letter to speaker boehner, asking for the iraq war authorization to, to, stop and no longer be in existence, or tony blank ken, the deputy national security advisor who told us specifically on augustth, that the threat from isis is not focused on the united states, or the latest now we're hearing, some administration official telling msnbc there is not one piece of evidence in the intel that showed isis wants to attack the

united states. but then we have two journalist who is are attacked by isis. so it's really been a political theater here to down play the threat from the very beginning, to keep a campaign promise. jon: not only has he downplayed the threat but he has taken the option of boots on the ground off the table, especially in iraq. if you're going to you know, affect the behavior of an enemy, telling them in advance what you're going to do doesn't necessarily help? >> but, you're exactly right. and we also have prove of that. if you go back, tonight's speech is very similar to president clinton's speech in 1998 after we had horrific bombings of our embassies in kenya and tanzania. hundreds of americans were killed and president clinton came on to tv, to the american people and he launched 79 airstrikes to try to find usama

bin laden. we did not put boots on the ground. he chose not to. one has to question now, if you are just going to do airstrikes and you're not going to put boots on the ground, are you really creating a problem for the future? we do know that usama bin laden went on to attack the uss cole and the world trade center. so what you have is, thousands of americans who were killed because we didn't put boots on the ground. i know it is not a popular thing to put boots o and we certainly should not do it unless american national security is at stake but i think isis has proven, and the public polling is showing by the way, that the american people want to see a very strong reaction to isis. jon: yeah, there is a large majority of americans now who are willing, who are saying let's go after them in iraq and even in syria. the question is, and i was

getting into this with peter baker from the "new york times" a little while ago. the question is this a case of president wanting to see the world as he wants it to be or, refusing to see the world as it is? >> you know, i actually think it is ego issue of a campaign promise. i go back to the fact that in 2008 president obama told us that this is what he, how he would view the world. no one should be surprised. the american people chose this. hillary clinton, by the way, called that same campaign idea back in 2008, naive. and i think that it is proven to be true. it is absolutely naive and it is also dangerous. jon: you obviously worked in the diplomatic arena. what about the efforts of this white house to get our allies in the middle east involved in going after isis? how would you assess how they have done? >> well they have done a terrible job, jon and what's sad is that president obama tonight is going to talk about a

military campaign and airstrikes and we have to remember that military campaigns come about because diplomacy failed and we're only seeing john kerry this week scrambling to try to do some diplomacy. and liberals love to pretend they're for diplomacy and against war and we haven't seen any diplomacy at all. when john kerry is only going to try to rally our arab allies is sad. he has a plane. he has a plane that just sits there. john kerry has his own plane. not like he is trying to make reservations on united. he has a plane that sits there to wait for him where he wants to go in the world. he should have been on that plane weeks ago, months ago. we've known about the isis threat publicly since march of 2013. janet napolitano tells us we've known it for years. jon: rick grenell, form advise

to four u.n. ambassadors. >> thanks, jon. jon: look at his thoughts on foxnews.com. it is online right now. 9:00 p.m. eastern the president will address thinks strategy to defeat isis. we'll have it on the fox news channel for fox broadcast network. you can find it either place. shannon: new government survey finds more of them are shopping than looking for work. fox business anchor charles payne has closer look what the numbers really tell us about the u.s. economy. plus a young boy has quite a story to tell his classmates after fighting off an alligator. how he managed to get free after one ferocious reptile clamped down on his leg. >> i was snorkeling in three to four foot of water. he was coming behind me towards me and i heard him scream and holler. said it got me, it got me. >> it wasn't really painful

because the adrenaline was going on? you. >> felt somebody clamp down on your leg? >> yes, ma'am. pull me down under.

shannon: check out what is ahead on "outnumbered" at the top of the hour. what is coming up, ladies. >> the president is set to speak to the nation for how you ultimately plans to destroy isis. what one lawmaker says he need to say to win over the american people and our allies. >> new fallout in the ray rice domestic violence scandalbig changes in the nfl some people are calling for. >> and does your child have trouble tying his shoe or telling time? what new research says could be to blame. >> plus our #oneluckyguy. you know him. you love him. can't wait on "outnumbered" at top of the hour. >> see you then. jon: my kind of kid. a young boy recovering after fighting off an alligator. 12-year-old matthew kelly side a huge gator chomped on to his

leg. fishing near a lake near new orleans. matt fought back and escaped. >> i panicked a little bit but opened the gator's mouth. >> what did the gator do when you did that. >> he just opened up and i got out. he came up as i was up and we saw his mouth open up wide. come back towards me. jon: quick thinking kid. he had to under go surgery but he is expected to be okay. shannon: eye-opening look at america's unemployed. now according to the government's own data, on any given day there are more likely to be shopping than looking for work. the bureau of labor statistics say 18% of people who are unemployed actually spend a chunk of their day looking for a job, while some 40% are either shopping on the phone, o an line or in person. for more on this let's talk with

fox business anchor charles payne. good to see you. >> you too. shannon: was anything surprising about these numbers or is that sort of the economy we're in right now? >> nothing surprising about this. what is surprising we don't talk about it more. really a shame in america we can't have these honest discussions because the inference is that people are lazy, that people don't want to get up and go at it. guess what? these programs do make people lazy. they make people comfortable. they make you want to take a chill bill. i have 26 weeks. i have 99 weeks. i will wait. cool out for a minute. i will clear my head. it is honest stuff. you know when i hear people say i can't get a job, look at number, look at economy. i sent out my resume's and woke up hit the send button and send resume's to whole bunch of people on internet. did you get out there and hit the bricks and go on job interviews? no you chilled out or played basketball at the rec center. shannon: or shopped online.

>> shopped online. shannon: people desperately need the help. which is why it was set up in the first place. it has been extended. they question how much after safety net. have we gone on beyond the safety net. and they're cutting safety net back and see things happen. >> talk about the north carolina experiment, july of last year. this is ridiculous, we'll go to the maximum amount of time being 26 weeks. and we're going from paying over 500 bucks to 350 bucks, right? their unemployment rate plunged from over 8% to just 6.2% in a matter of months. for me, it is pretty clear. when people did not have an option, when human beings backs are forced against the wall they find a way to make it happen. to further that, the government, the federal government put out this program where he said to states, ohio hey, go to 99 weeks. when they ran out of money for 99-week program, national unemployment, long-term unemployment, people out of work 27 weeks out of work or longer,

was five million people. now down to 3 million people. no doubt about it, people are forced to find a job, may not be the job you want, they are forced to do this. people say this is heartless. states have to borrow money for extended programs. they have to pay it back to the federal government. that means money they may not be able to use to fix a sidewalk, to open up a new school. i mean this is honest to goodness money. not mean-spirited. it is logical stuff but the kind of thing in divisive country where it is hard to have a real good discussion about. shannon: you will do more of this on your show. thanks for being here. >> thanks a lot of the appreciate it. jon: u.s. marine in jail essentially for making a wrong term. today andrew tahmooressi's lawyer is feeling pretty good about the case after going to the video in a tijuana courtroom. home for a hero. an afghanistan vet, getting a roof over his head after pay big price for freedom.

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you could literally be done with the test by now. now you could have done it twice. this is awkward. go to comcastbusiness.com/ checkyourspeed. if we can't offer faster speeds or save you money we'll give you $150. comcast business built for business. shannon: one american hero getting invaluable gift. marine corps corporal kevin vaughn presented with a new home for free. nonprofit building home for heroes selected kevin to receive one of 17 adaptive houses donating to vets. he lost his left leg in ied explosion riding in a truck in afghanistan. this house will allow him to live independently especially as he gets older. >> start my own family. between that day where i was

helpless and mentally destroyed in a hospital and now, i feel like i can achieve anything. >> the groundbreaking ceremony for his new home took place yesterday on long island. building homes for heroes hopes to have that house ready for him by christmas. jon: lawyers for american marine locked up in mexico, well, that lawyer says evidence shows his client is telling the truth. sergeant andrew tahmooressi arriving in court yesterday in tijuana. the judge spent the day looking at surveillance video showing tahmooressi's actions and arrest at the border. he had legally registered guns in his truck but he said accidentally made a wrong turn and crossed the border into mexico. william la jeunesse joins us live with an update from san diego. william? >> reporter: well, jon, this is the san diego tijuana port of entry where sergeant tahmooressi made the mistake of his life driving into mexico with the guns in his vehicle. the judge in the case heard two

different versions what happened, how do you separate fact from fiction? the surveillance video will provide key objective answers. last night, the defense, the judge, the prosecutor, spent eight hours going over the tape, adjourning after midnight. key takeaways. there were two customs agents involved but five. the truck was searched four times, only after that was done did they provide written documentation to search the vehicle. also he was handcuffed seven 1/2 hours virtually detained the entire time. did not get to see a lawyer or anyone from the consulate as required by law. finally tahmooressi can be scene gesturing to weapons in the vehicle, declaring not hiding the illegal items. >> i think he was taken aback with some of the things he saw. he has two versions no reason to believe one over the other. it provided that extra push in

our favor. i think now, at least, from a moral standpoint he can clearly see who has been telling the truth and who has not. first time tahmooressi was not in court. two more pieces of evidence, 911 tape as he looked for help. secondly a video showing how easy it was to get lost. bottom line he is not going anywhere anytime soon. back to you. jon: william la jeunesse. keep an eye on it for us. thanks. shannon: brand new stories the next hour of "happening now." approaching the finish line in a south africa courtroom. we could have a verdict tomorrow in "the blade runner" murder trial. southwest mopping up after record rain and monsterous fox extreme weather center is on top of it all for you. alright. the

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great. this is the last thing i need.) seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch. for brakes, tires, oil, everything. (whistling) >> we will see you back here in an hour.

>> we will be working on the second hour of "happening now." in the meantime, "outnumbered" starts right now. >> this is "outnumbered." here with us today, harris faulkner, jedediah bila, kennedy, and we welcome back our hashtag one lucky guy, david webb, host of "the david webb show." remember, you're outnumbered, buddy. >> yes, i am. you want to make the guys feel comfortable? take the remote control. >> you should never change the channel off of this, right? >> old-time history. >> the nest thing you know it will be in your underwear. >> from the waist up.