a fox news alert. air strikes alone will not accomplish what we are trying to accomplish. that's what speaker of the house john boehner had to say moments ago. more reaction to the terror attack. and more breaking news happening now. >> we'll hunt down terrorist and a battle plan revealed. president obama outlines his plan to take on isis terrorist in a prime time address. if you threaten america you will find no safe haven. >> did he rally the nation or fall short of what americans are

looking for. >> it is a genuine mistake? >> time tipped the scales in favor of the accused. not guilty of the most serious charges. not out of the woods yet and what is to come for the so- called blade runner? >> and the power of the ocean recreated in a state-of-the-art facility. a pool aimed to keep the u.s. navy and face our enemies. it is all happening now. let's get to the top story. law makers reacing to the prime time address. and the commander in chief laying out his plan to confront and destroy isis. i am jon scott. law makers expressing relief and

reservation and sending more troops to train the security forces. the speaker boehner said law makers stand to work with the president but has concerns. air strikes will not accomplish what we are trying to accomplish. and the president made clear he doesn't want u.s. boots on the ground. someone's bots has to be on the ground. they are expressing concerns. and opposes arming rebels foreing that it could end up

with extremist. any expanded role must be approved by congress. tim kaine disagrees with the president's assertion he has authority. but the democrat chair paul levin said the barbaric and vicious attacks on american journal sxift isis is training americans merit stepped up efforts. under the international law the president has authority to act in iraq he has authority to act in syria because the syrian government is unwilling to address the isis threat from the ungoverned territories. harry reid said now is not the

time to speculate. and he can calling for law makers to unite behind the president. primary season coming and going and we are bearing down on the midterm election. could capitol hill be geared up for a shift in power. we'll bring in editor and chief of the hill. republicans are hoping to pick up six seats. and how are their chances looking? >> their primary season went well for the gop establishment. not one indum bantlost. and still they have to pick up six seats and knock off three inkoment bents. momentum is on the republican

side they have been nominated even though they are discussed with congress. a lot of people like their own senators and representativives from the house. over all that is the good sign they got their candidates in this time the establishment struck back. it is going to be tight but the republicans do have an edge. is there a danger that the tea

party folks stay home and they have to come out for republicans they need to unite and show up at the polls. not a lot of people are expected to show up november 4th. both on the democratic side and something that president obama is worried about. and the republican base is fired up but they have to unite around their new nominees. and look at the states that were tight alaska and arkansas and kentucky. they were knotted races and now the republican candidates seems to be comfortably in the lead. that's why republicans are feeling good about their chances in the senate. >> republicans are confident that their leads will continue

to grow mitch mcconnell in a tough race and pulling away. democrats say no, it is a close race. and also mark pryor, he was leading in polls and now tom cotton seems to have the edge in that and democrats are saying, unless president obama has a better fall, this is going to be a tough election for democrats come november the president made a point of lobbying aspersions on the republican house. if he has a republican house and senate to deal with. is there less grid lock? >> it is tough to break it. but the republicans will pass the house and senate that have democrat support and divide the democratic party.

some sea that hillary clinton would love a republican congress to run against and that could be something that helped the democrats if the republicans overreach. but gridlock in washington, don't expect immigration reform or tax reform to happen next year. >> the president has his veto pen, right. >> that's right. >> bob, thank you. and president obama vowing to destroy isis terrorist without putting u.s. the boots on the ground. the strategy involves american air power and backed up by kurdish and iraqi troops. and opposition in syria as well. but military analyst are voicing doubts about relying on the ground forces saying they are not up to the job. >> reporter: some critics said the speech was bush- like.

willing to train the iraqi army. but the president is not authorizing ground troops needed to carry out the strategy. >> i want the american people to understand how the effort will be different than the wars in iraq and afghanistan. it will not involve american combat troops fighting on iraqi soil. >> but the president announced more military forces and adding to 1143 troops operating in iraq and the president authorized 475 troops last night. there will be 15 or 20 advisors and they will be embed in the iraqi security forces and according to pentagon officials, until now u.s. military advisors were not authorized to leave their headquarters. >> america will lead a broad

coalition to roll back the terrorist threat. our objective is clear. we will degrade and ultimately destroy isil through a comprehensive and sustained counsellor terrorism strategy. >> the president authorized expanded air strikes against isis in syria that could begin. and after scoffing at arms the moderate syrian rebels the president did an about-face. the u.s. will train them in bases in saudi arabia. last time the troops were operating in saudi soil, a little known jihaddist group formed their mission to push the american troops out of the saudi arabia. >> thank you. new information on the oscar

pistorias murder trial. the judge ruling out a murder conviction for the olympics sprinter. she said he was negligent and raising the possibility that pistorias could be guilty of cull pupable homicide. >> the legal team for oscar pistorias are assessing where they stand after an up and down day in court. 27-year-old double amputee olympian and star known as the blade runner could have been convicted on pre-meditated murder charges for reeva steenkamp and that carries a maximum sentence for lifetime in jail. pistorias was seated ten feet away from me. and broke down in tears when he heard that the judge cleared him of that charge. take a listen.

>> due to theitality of the evidence failed to establish that the accused had requestionsit intention to kill the deceased let alone with pre-meditation. >> reporter: the judge was born from the town ship, here in south africa and a victim of apartheid rule and now she is ruling on the fate of a white man. again, he's not out of the woods. he could face a manslaughter charge call would cup ubable charge. the judge called the behavior of four shots too hafty and excessive and negligent. he said it was an intruder and noted the high crime rate and a lot of gun use but said a lot of people handle crime in a different way than he did. jon, we spoke with the uncand he

will aunt of pistorias and asked if they were hopeful and relieved after today's court session. they said talk to us tomorrow. back to you. >> we'll see what the final ruling turns out to be. our legal panel joins us with a closer look at what the judge's partial ruling could mean for oscar pistorias. rains of bibliical porportions and check out this vehicle. a couple's incredible story of ep escape. and navy is using this to test in the high seas. >> and do you suspect the president's mission in iraq and syria. go to fox news.com/happening now and click on america's asking to join the conversation.

>> a couple swept away by flood

waters say it is a miracle they are alive. take a look at what is left of their van. they were caught inside as it washed over the road to a water fall to a street below. all three plunged down. and someone threw lauren miller a rope and margie swam for it. >> opening the dors and getting ready to hold on. and i was holding on and the water was powerful. and i was gvenlt i had to go. i was just kicking around and i am swimming and bobbing and praying and pretty son my feet touched the ground and the policemen said come on. and he got me. >> the couple reunited in a community center.

and the construkdz time mate was pulled back with a broken arm. and former presidential candidate mitt romney said the chinese have ships and have more people. the u.s. navy is benefitting from technology like the gigantic edge. douglas kennedy is here with a fascinating story. >> the u.s. navy built the world's best boats and now making them better and making waves in maryland. they say posidien is the only one who controls the ocean. but don't tell that to dan hayden who every day controls what some call the inside ocean

here in the naval facility in bethoseda maryland. >> you spend your days creating waves in the largest pool owned by the u.s. government. >> this is a one of a type facility and allows us to produce any type of ocean. >> it is called mask. and it holds 12 million gallons of water. big enough to test models of every ship in the modern navy fleet. >> we test it and measure the motions and use that to predict how the ship will behavior. >> one of the problems is changing sea conditions. a ship that does well in the short chop of the north atlantic may not do so well in the rolling swells of the south pacific. mask has 216 individually controlled electromechanical

wave boards and can recreate any type of wave from anywhere in the world. navy brass said it will keep our ships on the cuttingem for years to come. >> we can use them to sustain our modern float and project out in the future. >> reporter: testing at mask led to greater fuel efficiency and ship design for shallow waters and that are previously unknavicable. and process from only patrolling the seas. >> it is not bad acting like posidien on the day job. >> it is a job he said will help keep the u.s. navy the greatest fighting fleet, shannon that the world has seen. >> my brother is in the active navy and they are the best. thank you, douglas. >> cool stuff. and benghazi terrorist suspect

is behind bars as we mark two years on the diplomatic mission in libya. the wheels of justice are turning slowly and we'll tell you why. >> plus russia holding fast in ukraine and why a ceasefire hardly means an end to that conflict. about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works, how much you qualify for, the ways to receive your money...and more. plus, when you call now, you'll get this magnifier with led light absolutely free! when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home and here's the best part... you still own your home.

take control of your retirement today! ♪ how can i ease this pain? (man) when i can't go, it's like rocks piling up. i wish i could find some relief. (announcer) ask your doctor about linzess-- a once-daily capsule for adults with ibs with constipation or chronic idiopathic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. it helps you proactively manage your symptoms. do not give linzess to children under 6, and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe.

if it's severe, stop taking linzess and call your doctor right away. other side effects include, gas, stomach-area pain and swelling. bottom line, ask your doctor about linzess today. everyone is looking for ways while to cut expenses.s unique, and that's where pg&e's online business energy checkup tool can really help. you can use it to track your actual energy use. find rebates that make equipment upgrades more affordable. even develop a customized energy plan for your company. think of it as a way to take more control over your operating costs. and yet another energy saving opportunity from pg&e. find new ways to save energy and money with pg&e's business energy check-up.

right now a federal judge delaying until next month. earlier this summer attorney general holder said the evidence is rock solid and now, it might be looking more wobbly. and chief intelligence correspondent has more in dc on that. >> reporter: a republican who sits on the intelligence committee based on the evidence

it was a risk to bring the benghazi suspect to a federal court. >> the prosecutors had good success in cases like. this but there will be a case one day, where we bring a terrorist to united states of america and whatever reason the prosecution cannot proceed and the jury will not convict. >> the suspect was brought to a federal court and held at ten days at sea for questioning. he did not provide new information to the fbi investigators. getting evidence in a federal court was going to be a challenge in this case, the crime scene at benghazi and the consulate was not secured and much if not all of the evidence is in libya a country where the u.s. embassy is closed. much of the evidence is classified. in a recent security conference former fbi director muler

implied that the government has only a handful of witnesses. >> the environment in libya to do an investigation was such and very, very difficult to identify witnesses and then to get two witnesses and one can assume if you did have witnesses you try to interview them in places where they would not be killed the next day. >> and asked about the strength of the case and why the government asked for a delay, they would not comment on the pending case nor the evidence, john. >> kathryn, thank you. nyou're welcome. >> reaction is pouring in to president obama's address to the nation. he outlined his battle plan for taking on isis and including hitting the terrorist in their sanction of syria. we have a former cia operator,

peter, great to have you with us today. i want to ask you about the president's plan that he laid out. he said he had the authority to move on in syria assad warned him not to strike without his permission. how is this going to play out? >> i think the president who is very cautious and deliberative in his foreign policy dealings will not jump in to syria. that's my sense. i think the chances of the u.s. having air strikes in syria would include scenarios as an ability to locate and strike the leader of isis a bu bak a r. or if the presidencies a direct threat or plot to u.s. interest in the region of the home land. i think he will be slow to operate in syria my sense the

fear sphere will be in iraq. a slow but steady and cautious strategy the right one for this threat? >> i think that is a big question. is it too little, too late? many of us are concerned about the president's unwillingness to act in syria. this is going on three and half years and nearly 200,000 people have died. there is no alternative to the syrian government of bashar alassad and the islamist and isis and al-qaeda and other dangerous groups. there is a tremendous power vacouple that developed and filled by the groups and no outside secular pro west democratic alternative and now the president is talking about developing one. we are way behind the power curve. but at least we have a plan.

a couple of weeks ago the president didn't have a plan for dealing with the emerging threat. >> yes, as the isis threat grabbing the headlines, there is a lot going on in ukraine and potentially thousands of russian troops in eastern ukraine. what is your take on that situation and you have deep expertise in that region? >> the battle for the heart and soul and territory for ukraine is far from over. there is a fragile truce and peace deal on the table that would grant autonomy of the eastern ukraine. and russia may have drawn them out of russia and they believe there is still russian active duty troops acting there with the prorebel forces.

but the story hasn't reached its end. we are in a state and situation where russia and ukraine are deciding how they are going to go forward in their negotiations and the possibility of hostilities are imminent once again. and once again ukrainian and russian forces and pro rebel forces could be at each other's throats. >> we got a statement from the white house and talking about joining with the european union and announcing coordinated sanctions on russia with the actions in ukraine. we have been carrying out sanctions and ramp them up and are they truly getting to putin and getting his attention anyway and will this new round do that. >> i think they are painful. getting all of them together on one sheet of paper is very, very difficult. it might be equated to hurting

cats. and so there is certainly reluctant. and my view, ukraine as a bumper state for russia is a nonnegotiatable issue. putin wants to make sure ukraine doesn't join the west and a future ukraine doesn't undermine what putin perceives to be his strategic soft underbelly. some of nepollian troops transitioned from ucane to moscow. and he wants the buffer state between russia and nato. >> the white house said the administration will outline the newest round of sanctions tomorrow. we'll keep an eye on that, peter. >> thanks for having me. >> a mother driven to send her five children on a trip we can't

imagine. why she would rather they die on the border than violence at home. >> our next guest wondered if it is a presidential leap.

>> what would drive her mother to tend five young children on a dangerous journey all alone from the central u.s. border. one mother said she witnessed back home in elsal vadoor and

did whatever she could to smuggle her kids to safety. hi, brian. >> and immigration reform now on the back burner and uncompanied minors and their family continue to live in the united states and later smuggled hers. >> it was a gut wrenching decision. >> they killed a friend of ours in the front yard in front of the kids and everyone. >> and the five children witnessed a murder in 2009. their neighbor gunned down by street gang members who threatened to kill them if they talked. they missed two years of school for fears of kidnap or worse. they paid smugglers 7500 to escape an abusive husband. she never planed to stay in the u.s. permanently.

she wired 30,000 to smugglers to secure safe passage for her kids to the u.s. >> i prefer they lose their lives on the journey trying to cross the border than getting shot in the head. >> her 16-year-old daughter arrived and last year three other daughters arrived together and the 15-year-old son joined in may after a gang gave the ultimatum join or died. they were held in immigration and eventually released to an undocumented mother. >> i was held for six days. it was freezing and there was no blankets and i ate better with the smugglers. >> it is easy to say they are coming and a lot of children, but it is not easy living in the places we come frchlt >> four daughters are enrolled in local schools and granted

immigrant juvenile visas. she is in immigration proceedings. we explore the way they are finding a legal path to stay here in the united states. nshannon? >> you can see more about the story on fox news latino.com. >> president obama revealing more on his strategy on the war on terrorism. and first time strikes in syria the president vows to hunt down terrorist that threaten america and destroy them. so was the wait for the policy announcement worth it? >> now that the new gamble begins. taking two forms. mr. obama is gambling a limited american role compared with past efforts in iraq will be enough to stem the islamic state tide. and we risk further erosion in

the military units. the main iraqi army and free syrian army. and the kurdish forces battling in iraq and indeed all three forces have suffered setbacks in the hands of islamic state. jerry joins us now. the president has not been eager to launch more military action. but to hear him last night, he said it was a cornerstone of his presidency. >> the question is why wait? the administration's answer is that you have to get the politics right in iraq and have to have a winning combination before it was worth of the investment of the american military might. that meant getting rid of prime minister maliki. & then pull the army together to fight alongside the united states. >> you understand why the white

house hasn't done much of anything until the air strikes in iraq? >> they started in the beginning doing limited air strikes and there is more than 150 air strikes. it is not nothing. but people are waiting for the big push. this is the big push and declaration islamic state is a problem for all of the world and the u.s., and this is a strategy to defeat and contain them. i think the white house view is not going there until we create pressure by waiting on the iraqis to get a government to work with. they think they have that now. >> in the first hour of "happening now", i spoke to governor tom ridge who was a governor in pennsylvania and went on to be the first chairman or first secretary of the homeland security department. here's what he had to say and not impressed with the president's words last night. >> we should have responded

immediately after the first murder and doubled up after the second. we need to send a statement to the islamic fundmentalist. you have killed us and we have a value system. when you kill americans we respond immediatelily and aggressively. the strategy is decent but too isolated and i don't think he made the case. >> he thinks that the president should have been more direct and more responsive earlier. >> what is interesting about the beheadings of the journalist, it moved the white house toward action. but it moved the american public. you have a survey and poll, and there is a marked change in attitudes as a result of those two killings. they saw their fellow countrymen in the cross hairs. if it was a problem over there and now seen as a problem here. it may not be that direct yet but that changed attitudes all

around. >> the president saw the lowest numbers he has seen yet in particular in the question of his ability to lead on foreign policy. 57 percent of those responding see him as weak and indecisive. and less than half in september. does this speech turn it around? >> it is one of the pieces of collateral damage was the president suffered damage in public opinion on his handling of foreign policy. and reflected in the numbers that you saw and in our polling as well. the question is can he turn it around. i think so. bill, who helped to conduct the wall street journal survey, said this is the kind of event the americans are focused and if they so him turning out they will turn around. >> oscar pistorias cleared of murder charges in the shooting

death of his model girlfriend. but he is not a free man just y. what the judge's partial ruling could mean for the olympian. >> the state has not proved beyond a reasonable doubt that the accused is diametery of pre-meditated murder. there is not enough facts to support such a finding. [musi♪

defiance is in our bones. defiance never grows old. citracal maximum. easily absorbed calcium plus d. beauty is bone deep.

wouldn't it be great if hiring plumbers, shopping online is as easy as it gets. carpenters and even piano tuners were just as simple? thanks to angie's list, now it is. start shopping online from a list of top-rated providers. visit angieslist.com today. >> coming up on the real story, the president lays out the air strike strategy for syria and iraq. conflicting stories about the uk and whether or not they will

step up to the plate. that was just a light don't worry about that. and more damming evidence, someone in the nfl knew about the ray rice video. where was roger gadell when the tape arrived in the nfl office. and most insane story i heard. a father turned away from the school because he had on an army uniform? really? don't miss my take on this in the top of the hour's oscar pistorias not guilty of murder. but convictions on lesser charges are still possible as the judge said he was negligent when he kill would reeva steenkamp. good to see you, ladies. i will start with you.

you come up and you read the verdict and that's it. and you wait for sentencing. the judge talks through and reasoning through. and what we heard no murder charges, but what could pistorias face. >> lesser crime. once everyone heard she exonerated him of murder they were shock waved and now it is open season for abusive men to kill girlfriends and wives. it was disturbing for her to go through. she discarded the evidence and that steenkamp may have been trying to kindle an old relationship and the screams and granted not pre-meditated and that is slightly different. the prosecutor had to show that pistorias got prosthetic legs

out that would be pre-meditated and but the lesser crimes, she concluded the crime is not the issue is cupable homicide and negligently brought about her murder or death and that is manslaughter. >> this judge is known for handing down tough issues. you agree with letting him off on the biggest charge sends a signal or does the prosecutor not get the job done in this case? >> there were two murder charges. she had a thoughtful and detailed approach to her reasoning and acquitting him of pre-meditation charge. i am surprised she didn't find him of the lesser murder charge. her reasoning that oscar pistorias couldn't see death when he shot four times in a closed space.

what do you think would happen? >> and i was surprised she exonerated him. we don't know and she could find him guilty of cupable homicide and still sentence him for 15 years there is no minimum mandatory or she could easily let him walk as give him 15 years and she just stopped and left the bench. and i thought sometimes, our judges have issues, but really? to leave the bench in the middle of the verdict something i don't get. >> we'll have to tune in tomorrow and hear the rest of the reasoning or see if he will walk away. doubtful since she said he was negligent. thank you for lending us your expertise today. >> amazing verdict. veterans overcoming serious disabilities to scale new

heights in honor of those killed 13 years ago today. our cheese is going thin in a big way. with our ultra thin slices, the same natural sargento cheese you love, just thinner and just 45 calories a slice. sargento ultra thin slices in three new varieties. ♪ [music] jackie's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

. . . bulldog: it's true! i am a bundle of talent! but my friends are learning skills that can change a life. that's why mattress discounters good deed dogs is raising money to help train dogs like suzie to engage students in schools and special education classes. while ginger visits folks in the hospital offering quiet comfort. with your help, we can do even more! make a donation at mattressdiscountersdogs.com or any mattress discounters. mattress discounters good deed dogs helping dogs help people.

extra curricular activities help provide a sense of identity and a path to success. joining the soccer team. getting help with math. going to prom. i want to learn to swim. it's hard to feel normal, when you can't do the normal things. to help, sleep train is collecting donations for the extra activities that, for most kids, are a normal part of growing up. not everyone can be a foster parent... but anyone can help a foster child.

a group of disabled veterans marking 16 years. by overcoming incredible odds and tackling some of the toughest climbs at yosemite national park. hi, claudia. >> hi, shannon. well, yosemite national park and it's famous granite peaks, this is the frontline from disabled veterans who are embarking on an inspirational vision to live life to the fullest. >> reporter: to honor the victims of 9/11, 24-year-old cody elliott is strapping on his climbing legs for a dangerous trek that will challenge his body and mind.

>> this lifestyle i'm used to in the military, and to be able to come do it in a peaceful environment now is, you know aring loving and caring people it just makes it even that much better. that's really where i find my peace of mind. >> injured by an ied in afghanistan, the former marine wondered if he would err be active again. then he and other wounded warriors found that climbing up was a way out of the dark. >> got to go. >> j.d. skelton who lost an eye and half his jaw in iraq created a nonprofit that helps disabled vets experience life. >> i'm alive. >> they summited elcapitan last year and will again here today among other iconic peaks. to honor all those who died 13 years ago today. in cody's case, five buddies that gave the ultimate sacrifice, their names tattooed on his arjz. >> i survived for a purpose, and that's to live a life that they may have lived or just to live for them in every moment i can.

>> and these veterans are doing this climb while a raging wildfire continues to burn in yosemite's back country. about 4,900 acres burned so far. 23% contained. you can see the smoke. you can certainly smell it. these veterans are used to smoke and all kinds of treacherous conditions. once they reach the summit, they will have a moment of silence before celebrating their remarkable achievement. >> very inspirational. thank you. >> great story. a new report contradicts claims from a commissioner roger goodell that the league was denied access to a video. the one that shows ray rice punching his then fiance in an elevator. new details on that controversy coming up.

>> the real story with gretchen carlson starts right now. >> fox news alert. president obama finally takes a

stand against isis telling all of us what his new strategy will be to hunt down the terror group. hi, every. i hope you're having a great day. i'm gretchen carlson. we're here to give you the real story today. the four-point plan includes more air strikes in iraq and for the first time air strikes in syria. sending an additional -- to train, equip, and provide intelligence to iraqi intelligence and forces. finally, continuing to provide humanitarian assistance to the thousands displaced by this crisis. his critics from across the political spectrum, both sides here in the u.s. debate the merits of this plan, some of our closest allies overseas may not be on board. >> just let me be clear. britain will not be taking part in any air strikes in syria. i can be very clear about that. we've already had that discussion in our parliament last year, and we won't be revisiting that position. >>ut