tool is parent/child relationship. fox news.com/outnumbered and click the over time tab. and happening now in two seconds. and the fox news alert. president obama preparing to address the nation tonight. new reaction as america's military gets ready to take on isis. >> we need a plan. we need it now. the pressure is on as president obama prepares to tell the world what he will do about isis and convince americans they are safe. >> we need to know. but with the clock ticking, what action will the commander in chief take to defeat the terror group before it gross stronger? >> and we assumed there was

a video and we asked for a voochlt nfl commissioner roger gadell responds to outrage over the video. showing ray rice knock out knock out punch on his fiance in the elevator. we asked for anything that was pertinent and never granted that opportunity. >> now the answer is why? did oscar pistorias know his girl friend was behind that door when he pulled the trigger? >> the verdict in the blade runner murder trial just hours away. it is all "happening now". we get first to our top story. president obama making his case to america tonight for taking on the isis terrorist where ever they hide. welcome to the hour of "happening now". i am jon scott.

>> i am shannon bream. as the u.s. military pushes isis back from key territories in iraq will the president authorize air strikes in syria? and when? ed henry is live in the white house with more. >> reporter: shannon, they are saying that the president will close to signaling that he is planning the air strikes. but laying the ground work and he's done that in a number of ways. meeting with congressional leaders and meeting with a national security team. he called king abdulla of saudi arabia. and that is significant because king abdulla urged the u.s. to join him in arming the syria rebels and in private, the president suggested and urged them to give him the power to ramp up training and arming the

syrian rebels so they can be the ground force if he moves forward with u.s. air strikes in syria you can see secretary of state john kerry, the other key speech i am told, the president trying to gain momentum from the formation of the new iraqi government and something that secretary kerry did earlier and talking about for the first time there is progress on the ground in iraq, listen. >> now that the iraqi parliment approved a new cabinet and new leaders and representation from all iraqi communities, it is full speed ahead. and president obama, in a few hours from now, will lay out his strategy for taking america, iraq and the region and the world forward. >> full speed ahead. you heard from the secretary of state, the problem and challenge for the president and others, you have former vice-president

cheney that the president is doing the opposite and taking too long to develop this strategy as isis has only gained momentum; listen. >> so often president obama responds to crisis by saying what he will not do. we hope that pater ends tonight. too often threats and aggression are met with stern declaration and inaction by the united states. supported by lengthy explanation of our inability to shape events. >> tonight's address, that always raises the stakes of either party to ask the networks for that kind of time to make the case to the american people. the president who came to power about ending wars and now expanding in to iraq and syria. that raises the stakes doing it

in prime time and his poll numbers and handling of the foreign policy, and isis and leadership is dipping in recent days. >> we know it will be a late night for you, ed, good to see you. now congress, law makers sounding off about president obama's prime time speech and wondering how he plans to deal with the growing threat of isis. mike emmanuel is live on capitol hill with that side of the story, mike. >> reporter: jon, president obama is expected to ask congress for 5 million to train and arm the syrian rebels. some here want more and want the president to use decisive force. >> our military can carry out the missions, but it is up to somebody else to decide what the missions can be. and the commander in chief has been derlength. you can't piecemeal this kind of

an effort. >> reporter: after meeting in the white house with top four congressional leaders and a president, a key ally on capitol hill said he is on board. >> president obama has made it clear that it is going to take decisive action to destroy the islamic strike through the use of a strikes and drones. this is a smart, and effective approach and i support it. >> reporter: but another top congressional leader who met with the president expressed concern. >> if congress is asked to support a strategy, it needs to be designed to succeed and not a mere reinstatement of current policy that is insufficient to the task. the president must seize the opportunity to lead. >> reporter: we know the president told congressional leaders that he believes he has

the authority to take on isis and some on capitol hill including john boehner are calling for a plan to defeat and destroy the terrorist army, jon? >> mike, thank you. >> as ed henry mentioned. secretary of state kerry a ratified in iraq for a surprise meeting with the iranian prime minister. and here is a bit more what he had to say. >> the world will simply not stand by and watch as isil's evil spreads. we all know, i think we come to this with great confidence that ultimately our global mission will succeed in eliminating the threat from iraq and region and from the world. >> the secretary also saying that iraq would have to be the engine in any fight against

isis. >> and when the president announces the plan for expanded military plan to isis to the american public tonight it may not be such a tough sale. a stalering 61 percent americans believe it is in our national interest to stop isis before they come here. only 13 percent said we should stay out of that fight. joining us is ed ochief anded to roland is from the national telegraph. >> ed, are they looking at poll numbers in the white house as they get the president's speech together. the american public seem solidly behind the idea of going after isis? >> i think they know that. one of the most stunning stats on out of the nbc washington poll 94 percent of the americans are tracking the fallout since the beheading of two american

journalist by members of isis or isil. the president understands that many americans are aware of the situation and want clear answers from him. whether or not he deliveries remains to be seen. democrats and republicans are saying give us a specific plan and what you want from us and get to work on it. >> yeah, tom, you say he needs to be specific and this president is not one that likes to be very direct on what he intends to do. >> no, he is. but there is an urgent need now to develop the strategy that the american p behind and understand the process going forward. but the test will be whether the president offers specifics in terms of arming the sunni tribes and attacking isis and dividing them and breaking them down. and the rhetoric he employs. whether he specifically outlines

that we are going to destroy isis and whether he pushes back against their psychological war. if he does do that it would be difficult having the support behind the necessary task. forces haven't done yet other than the rescue attempt that would not be say i am indications of doing whatever sf÷t+ strikes and unmanned aerial drones and notes inially ground troops. there are republicans that believe that ground troops and special forces should be used and if you ask most members of congress they say no, and start off with air strikes and come to

us and we'll have a debate later. and beyond that, i think again, it is a question of does he stop short of saying he will not use ground troops? and how much money? and how much will he ask congress to give him that number? if this continues, it will cost something and that will require a debate here in congress. >> i want to switch gears and talk about something else in capitol hill. house over sight committee darril issa is a cowing the justice department of trying to help the democrats spin the irs scandal. a key aide to eric holder called his office about leaking information that would damage the investigation. that call was made by accident, tom, apparently the guy called the wrong office? >> it is interesting. what i find staggering about that they are still trying to

explain it as an accident. you look at the context of the call and what was said and the back tracking. it is obvious what is going on is an attempt to spin. i think again, the problem is, it is an example reflecting the administration's disdain for public awareness of the discourse they put out and the activities and again, what we look at here, is how far we have come from the change and narrative. it is tragic. >> ed, apparently the aide to eric holder thought he was calling the democratic side and called the republican side and asking for ways to help spin the information. >> unforced errors go, this will rank and looked as he was trying to call democrats and realized he was calling republicans. and it was during the call or afterward, it was an attempt of

the justice department to work with the republican staff of the house oversight. i am a new york giant's fan and there is a better chance of being a cincinnati fan than darril issa working with that committee. issa will try to make a of this and yes, it is an example of how the administration trying to coordinate with the allies and in this case got caught doing so. >> thank you both. dangerous weather causing problems in the country including out west, rescuers are trying to get the upper hand on a fierce brushfire. a prominent businessman and his wife killed in the private plane. and the controversy surrounding baltimore raven ray rice taking another turn.

critics are a cowing the nfl of not taking enough action against domestic violence. >> we assumed if there was video and never granted that opportunity. (woman) the constipation and belly pain feel tight like a vise.

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taking a look at dangerous weather cross the country. in southern california, crews are battling a fierce brushfire near l.a. and violent storms pounding st. charles, missouri with a powerful tornado and damaging homes and ripping apart fences and two people are dead in phoenix after there is major flooding there. hi, rick. >> shannon, lots going o. southern california in the middle of the ongoing drought and look at temperatures. warming up in the mid90s by the weekend. obviously that is not good. no help there.

heat is in southern california. and take a look at the cold temperatures in the lower 48 and early bit of foul. 51 for a high in denver and these temperatures are around 25 degrees cooler and our first real blast of cool air and coming in with the severe we had yesterday and you will notice snow in parts of montana and we'll so that dive down by friday. and parts of arkansas and tomorrow, it just shifts a little bit further off to the the east from new york city to parts of the central appalachian. and then we are watching a new storm in the baja. the flooding on monday, rainiest day on record in 15. this storm follows a similar track and brings moisture in the

southwest that had flooding and more rain will bring more flooding. another round of this in parts of arizona by the time we get to next week. >> rick, thank you for the update. >> and the world is waiting to hear president obama's strategy to defeat isis and what exactly is the president's plan? why the next guest said it will involve more than expanded u.s. air strikes. >> and oscar pistorias, about to learn his fate as the judge prepares to hand down her verdict in his murder trial. how could this thing turn out? our legal panel weighs in next.

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president obama's possible strategy about isis? the president is supposed to outline the plan for combating the terror group in iraq and syria. and winning back the territory they have seized. and the next guest said the president needs to do more than talk about this if he is serious about taking on the threat. tom is a editor of the long war journal. >> thanks for having me. >> you have written an insightful piece and detailed with the nuances of al-qaeda and isis and their long- term strategy. they have one and are committed to it. how does that square away. >> the president has the idea we have to worry about terrorist that threaten the home land. most of their fighters are

acquiring territory and states and build a radical islamic states based on sharia law. and we are pecking off individual terrorist here and there they have been building armies. what happened in iraq and syria not an accident. >> what does the president needs to say? he is talking to foreign leaders in important places like saudi arabia and others. what kind of coalition and details will he give us tonight? >> the biggest problem is how we'll eject isil from the territory. there is no boots on the ground in iraq and syria to do that. in syria it is more perilous. the rebel position with ah sawed andoise sill and al-qaeda rival of isil and fighting assad and all of the rebels inside of syria is aligned in the fighting of assad. they can't be the boots on the

ground which is what the president said so far. >> we heard that the president included no boots and not what the american people want and we will not do it. in syria we need a presence on the ground and we don't know who we can trust there, deciding between versions of bad guys, how do we accomplish not only stopping isis, but taking back that territory that they quickly scooped up. america will have to play a bigger role. iraq and syria they had a population of 300,000 people. and isis is controlling. that how do you eject with air strikes. we don't have ground forces to force them out. and so that forces them in compromised position. just do air strikes or get more

involved in the american side. >> and in this piece. the way the president views the world post 9/11. we know how he feels about certain things and the u.s. role in the world. can he evolve on that in a way to stop this threat? or will he dig in and stick to the way he sees the world? >> he has evolved some what. but it is too late. the problem is isis has massive land grab. a the lot of our elite assumed it didn't matter. we are playing catch up. you and i are going to have the question. if he pulls out in afghanistan. we'll be talking about afghanistan in the same terms. this is going to happen across the board. we need to roll back the land grab. >> we'll see if we get one tonight. >> great piece. >> isis could soon feel the full force of american power.

but could arming the rebels on the ground defeat isis and bashar assad. or is it too much of a risk to take? >> and nfl commissioner roger gadell under fire aftershocking video emerges of ray rice knock his fiance unconscious in a elevator. did the league try hard enough to get that footage? ugh. heartburn.

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president obama will address the nation tonight as the military prepares to target isis' terrorist on several fronts. our next guest said syria, breeding ground for isis build up is next. in light of the intelligence briefing president assad will not be helped by congressional opsession this time. we have michael, managing director of the washington institute. and we deputy after isis, isis is also going after assad. if we go after isis does not that strengthen ah sawed's hand. nisis is fighting everybody. it is not only fighting against the assad regime and they are also fighting against the moderate opposition that we talked about helping.

an anti- isis strategy overlaps with but not the same as the syria strategy. if you are taking on isis and trying to defeat them, you need a strategy for helping syria >> assad drops chlorine bombs and used poisonous gas against his own people. hind sight is 20- 20. if the u.s. had taken a tougher stand would isis be the monster that it is now? >> we can't know what a reality would hock like. the president talks about taking modest risk. what we do will involve more than modest risk. you can have a clear objective and thinking a few steps ahead and prepare the ground for the

steps in the future. we haven't done that in places like syria and the iraq and the rest of the middle east. we need clear objectives. >> and you have argued that the president has not taken enough risk and articulating and tomenting this policy? >> well, it is not so much that he hasn't taken enough risk. but sometimes doing nothing and doing something that seems cautious in the short term gets you more risk in the hong term. it is these things that pop in the head leans even though they are unfolding for a number of years. if you are doing the right thing, you can lower your risk over the long run. and isis hasn't just sprung out of the ground. they prepared the battlefield. >> what would you like to hear and advice the president to say tonight? >> it is important that the

president has clear objectives. he needs to tell the american people and congress what it is that they are trying to achieve and so they can judge whether it is it a sound strategy for achieving. it he will talk about more support for the iraqi government. and he will talk about air strikes in syria. and we also have to hear what is the broader strategy to combat terrorism and what is the broader strategy to help stabilize the swath in the middle east that is chaotic. >> michael singh, thank you. >> 9 o'clock p.m. when the president will address the nation. seven and half-hours from now and he will make his case to hit isis terrorist hard. we'll have the latest reaction and analysis tonight at 9 o'clock p.m. eastern on fox news channel.

>> right now nfl commissioner rogerna dell firing back at tmz. they a cows the league of not going far enough to investigate the ray rice case. they found the tape of the running back slugging his fiance. gadle asked for evidence and didn't get it. at least not that tape. >> roger gadell's comments may have created more questions than they answered. why did the nfl not ask the casinno in which the elevator video recorded for that video? the interview this morning, it was because he and other nfl officials wanted to be sure of the credibility of the evidence. >> we are particularly relying on law enforcement as reloyable

and creditable x. we don't seek to get that information from sources that are not credible. >> do you wish you had seen the video type before it was released by tmz? >> credibility was the driving reason for not pursuing the video. doesn't add up for the man who runs tmz. it turned the ray rice case on its head. >> for him to suggest that the casinno video is incredible is ridiculo ridiculous. the casinno has the original video. if he felt that that video was not credible. why did he indefinitely suspend ray rice five hours after reposted the casinno video. he is simply not telling the truth. >> and the pressure on roger gadell keeps coming.

we are learning that 12 members of the house judiciary committee called on roger gadell to tell the public how and what context the nfl requested the video. it is "in the public interest to have the highest level of transparency associated with reviews of potential misconduct". and more and more pressure on roger gadell to give detailed answers to the vital questions. >> far from over. >> it is a store you might know. fight to turn over family there is turning hostile. dollar general is going to share holders with a buyout effort to bring in $5 million. adam? >>t is a long time since they are known for being cheap and at

the center of something so expennive. dollar general offered to buy all outstanding shares of family dlchlt it is what wall street calls a hostile take over. dollar general is attempting to pull it off without the approval for the family there. and dollar tree would buy family there. they are known for selling food and cleaner and home goods at one there. >> and so in the end of the day, what happens to you and me who likes to shop. if dollar general succeeds in buying family there. they will close 1500 stores to comply with federal anti- trust laws and family dollar rejected the offer because the board was worried about the anti- trust

issues. it is not a concern in the family dollartro deal. there is one person for whom the business person made hundreds of billions. carl icon solid his shares and made a 200 million there. he can shop at walmart and target. >> that will deputy a long way, thanks. >> and just hours from now. oscar pistorias hears the verdict in his murder trial. so did the defense attorneys convince the judge that the shooting of reeva steenkamp was a horrible accident? >> and an investigation in the mysterious plane crash near the island of jamaica that killed a prom nept new york businessman and his wife. what really happen to the doomed aircraft is next.

>> i am gretchen carlson. if you are in charge of the speech writing what would you tell the american to say to the american people for all of us to feel safe about the groefth isis and why do victims of domestic violence stay with abusers in and guess what, i will keck off my heels and put on a baseball glove to shag fly balls with a guy who caught more foul balls in baseball games. don't miss it. >> the judge in the oscar pistorias murder trial is preparing to hand down her verdict. he could face 25 years to life

if convicted in the most serious charge in the shooting of reeva steenkamp. his lawyers said it was a horrible accident. and prosecutors say it was pre-meditated murder. we have two attorneys here. >> good afternoon. and the judge has a lot of options and i find it fascinating because it is so different than our legal system. how well of a judge did the defense do and what is the burden of proof in the south africa courtroom? >> what is different about this case it doesn't seem like he has a jury. it was a decision made by the judge and i gave up guessing what judges do a long time ago. to predict the verdict is yet to be seen. on one hand, you have all of the circumstantial evidence that

tends to prove guilt but on the other hand there is only two people present. and there is not a confession and it is up in the air in terms of the direction it can g. >> we have a female judge that is tough on crimes involving females and measured also. and the conviction rate in south africa is so much lower than here in the u.s. in her system the legal system gets a vote on these things as well? >> she appointed to assessors and they have spent five weeks with the judge pouring through the evident. i have my tivo. we'll hear hours and two days of the judge going through every single witness and whether she believed the witness and what affect that has on her ruling.

we will get a complete study in not only the end of the day, she will not issue her the end. we'll hear her analysis of how she viewed the trial. >> it is fascinating we don't get that from juries here unless they are free to speak. and most part we don't get the inside script. and brian he could get off with a warning and so many things that can happen here. he's been emotional in the trial and he's cried and vomited and all of these things. and they stopped the trial for a mental analysis. no mental disorder but a generalized anxiety disard. >> it goes to his state of the mind. when it comes to the evident, his character during the trial is something that the judge will

excise out. not a question of how he behaved in the proceedings, but the question of how he behaved on the night in question. she will either go for cupable homicide. i don't so him walking away from this but prediction is yet to be scene. and after a guilty verdict, his mental state of mind may be a factor. if he suffers from a psychiatric problem or case. that may be mitigating in so far as the sentence is concerned. >> how difficult is it to present to a judge versus a jury. >> we have seen shocking results from juries and when you have two peefl who likely never sat on a jury and never had to weigh the evident in the way the judge does. results are shocking.

i have long stopped predicting what the judges will do. she is strong in her convictions and instances of men involved in domestic violence. and he has shown leniency and when he started with the crying apology, she was soft toward him. and she's allowed a leeh way and defense team painting a picture of him and a icism though plea. i do expect a conviction and not pre-medication. and for her to get to that point of him acting pre-meditation to murder reeva. i think he is more sympathetic than the average joe. we'll find out tomorrow or friday. >> like you, i find the juries to be surprising and we'll see if those predictions come thorough. thank you, both. >> thank you.

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right now new details are emerging on a story that was break about this time on "happening now" last friday. the unresponsive plain that ultimately crashed into the ocean near jam ache wra. we've learned that the pilot, believed to be new york businessman larry glazer, twice asked for permission to descend to a lower altitude after telling controllers he had an indication that was want correct in the plane. some five minutes later that pilot apparently was incapacitated at the controls. let's bring into the discussion fred. he is a former federal prosecutor, but also an

experienced pilot. he was with us during the coverage that day. you had listened to the air traffic control tapes. what does it sound like to you? >> well, it sounds like to me, john, that the pilot knew he had a problem. that, in fact, i have been doing some studying on the avionics of the controls that are in front of him. just to his right is a screen that would tell him he is having cabin pressureization problems, and he reported that. i think the mistake he made and either he made it because he was too nonchal ant, which happens to higher time pilots, or because judgment impaired judgment, which is the first problem with hypoxia has set in. if it was me, and i was flying my airplane at 28,000 feet, the heck with it, i'm going down and we'll deal with it later. >> this is a brand new airplane. a pbm 900. it goes out the door somewhere close to $4 million. he was the president of the tbm

owners association. this is a plane he knew how to fly. according to the transcripts, it says that he got up to altitude. he checked in, and he atlanta center level 208. he is at 28,000 feet. then less than two minutes later he says 900 kilo november. we need to descend to about 180. we have an indication that's not correct on the plane. atc says stand by. they said descend and maintain level 250. he says 250, that's 25,000, and we need to get lower. >> right. >> atc says working on that. go ahead. >> no, no, so what are you seeing, john, is 280, and you know there are table that is are published about the time of useful consciousness at 28,000 feet, and it's about two and a

half to roughly three or four minutes. 25,000 feet it goes up to five or ten minutes. at 18,000 feet, interestingly, it goes to 30 or 35 minutes. i think at 04 -- 15 minutes into the transcript, he indicates he has a problem. they have crossing traffic. if you read later in the traffic, atc has traffic coming directly at him, and all they would have had to have done is either turn him or turn the other traffic. he waits. you begin to lose judgment and get loopy almost immediately. you can hear it in the transcript. again, there was no need to wait. i mean, i think what you are going to find out is that the pilot should not have waited before he started down. he should have just gone down. i'm not advocating you -- the way the regulations are written, if you are pilot in command and you have a problem, you are allowed to deviate. >> he first checks in with flight air traffic control and six minutes later is the last

mumbled transmission from him. he says kilo november 900 kilo november. doesn't acknowledge anything else. the indication is that he was already hypoxic and really unable to control the aircraft or his own transmissions. >> well, you can tell from the transmission he is clearly not in control. the airplane obviously had a sophisticated autopilot and obviously had an altitude hold. i don't know if the guy had told the airplane to fly in a certain direction or fly to a certain navigational fix, but the airplane continued in a straight line until it ran out of fuel. at that point the pilot is incapacitated. his wife was a certificated pilot, as i understand it. now you have two pilots in the airplane. both of what's failed to recognize there's a cabin pressurization problem. on the garmen g 1000 there's a big red light that says cabin problem. >> at the bottom of the caribbean. >> fred, thank you. we'll be right back. woooo.

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>> thank you for joining us today. >> it will be interesting to see what the president has to say tonight. "the real story" with gretchen carlson starts right now. speaking of that, guys, fox news alert because president obama is putting the final touches on a rare primetime address that he is going to give to the american people tonight. he is going to finally lay out his strategy against isis, and that plan reportedly includes going after the terrorists in syria. hi, everyone. i'm gretchen carlson. we're here to give you the real story today. as the president faces more political pressure from both sides of the aisle on capitol hill, he is also getting a big nudge from people like you and me. thanks to a big shift in public opinion. in the latest wall street journal polls 61% of voters say action against isis in iraq and syria is in our national interest. we've got fox team coverage for you with chief intelligence correspondent catherine harridge