outnumbered. and/ot and click the overtime tab and back tomorrow at noon eastern and "happening now"ing now starts right now. house law makers insisting they want the facts and only the facts on benghazi. the house select committee holding the public hearing in the the september 11th, 2012, attack on libya's second largest city and compound there. that's when militants attacked the compound and four americans including ambassador chris stephens died that day. they are taking a prebenghazi approach to over hauling the security. >> now is the time. clear the smoke and remove the mirrors and now is the time for the department of state to finally institutionalize real

meaningful and progressive change. >> we'll monitor the select committee hearing on benghazi. it is entering the third hour as the latest news breaks. here is what else is "happening now". >> if left unchecked they could pose a treat to the united states. >> the commander in chief speaking to u.s. central command and meeting with military leaders about his strategy taking the fight to isis. as you you and forces i will not commit you to fighting a ground war in iraq. there is an eye raising comment to the top brass. >> i will go back to the president and make the recommendation of u.s. ground forces. >> what are the chances we could see scenes like this in iraq again. >> he's that large and considered armed and dangerous. >> manhunt is on for a suspected killer who gunned down two state

troopers. the massive search for the survivalist. he made statements of committing mass acts of murder. >> also one small step toward getting americans back in space. >> nasa awarded multimillion dollar contracts to companies. >> what we do to the tax craft. >> will orbittal taxis end our dennedence on russia? it is all "happening now". our top story. president obama joining central command. >> i am jon scott. >> the president meeting with top military commanders and pushing for more help from the international community to

defeat the terror network. in washington, the house expected to sign off on president obama's plan for u.s. troops to train and arm moderate syria rebels. >> ed, what signal is the president sending after general dempsey left the doropen for the ground troops. >> reporter: the bottom line, the president is not weighing in on that yet. he got his briefings from the general down in tampa, u.s. central command and trying to get a handle on the situation in iraq and syria, and what general dempsey was doing laying out hypotheticals or putting the trial balloon out there on what might be ahead. the president still believes that u.s. air power and coupled with ground forces from iraqi troops and syrian rebels on the other side of the border can get

the job done, listen. and the uncertain world full of breathtaking change and the one constant is american leadership. in a world where technology provides a small group of killers with the ability to do terrible harm, it is america that has the capacity and will to mobilize the world against terrorist including isil. >> reporter: the former defense secretary bob gates told cbs you can't get the job done and america will not be able to win the war on isis without ground troops going in. it sets up an interesting scenario. will the president break his promise and send in ground troops or hold back and potentially lose the war? a lot of political pressure on them. >> i know the president wants to arm the syrian rebels, but there

are democrats that are questioning the entire strategy. >> some of the fellow democrats say they can't explain to the voters back home why congress would move forward with the money and granting the executive power for the president to arm the syrian rebels and putting the u.s. in the middle of bashar assad's civil war and manchin warning that the weapons could end up in the hands of terrorist. >> i cannot and will not support training the syrian opposition forces. we have been at war in that part of the world for 13 years. if money and military might could have made a difference, it would have by now. >> the house expected to vote later today. and speaker boehner is putting muscle supporting the president and senate harry reid said the

senate will vote as well. >> an upstate new york man stands accused of trying to help terrorist group isis. he is now among the first of americans to face charges in recruiting for the terrorist group there are more reports about possible targets in the united states including times square. >> we have been down the road before. >> there are new disturbing signs that isis is making its presence felt. up inro chester new york. and the suspect was allegedly trying to recruit local men who turned out to be fbi informants and travelled to syria he told the man he wanted to kill iraq veterans and bought to silencers to carry out the attacks. they learned of alleged isis ties and will be in court

tomorrow. there is mounting evidence that isis is trying to recruit new fighters on line and encouraging lone wolf attacks. and a web journalism forum said deep monitoring software uncovered a room and pipe bombs. it is a rehash of an article four years ago and inspired the boston marathon bombers. we heard from bill bratton who said that we are living in a new era of potential terrorism. and they mastered social media and no specific threats, the potential here can't be ignored. there are thousands of potential fighters that will exit that point of conflict and many canadians and british citizens and australian citizens and the potential for them to combat and commit terrorist attacks here

are real. >> it is hard to imagine that new york could be on higher alert than it already is. and the corn about loncern abou wolves appears to be growing. >> thank you so much. >> and politics and leadership now. roughly six weeks until the midterm elections and the democrats may be closing the gap with the republicans in the race and control of the senate. democrats have a 51 percent chance of keeping control of the senate and the new york times calls it a 50/50 the shot. and the man with a crystal ball larry sabado. >> what do you think about the assessments? >> not much. the crystal ball doesn't allow on polling or modelling.

there was a 80 percent chance of taking over the senate. they never had that. and nor do the democrats have a 51 percent chance of holding on to the senate. in the crystal ball we use modelling and old fashioned state by state analysis that relies on things beyond polling, we haven't moved at all. we still have minimum republican gain in the senate 4 or 5 seats and we think that the maximum is eight seats and the most likely result is a republican senate by a seat or two. could it end up being a 50/50 with biden tie breaking vote? that is absolutely in a possibility. and our beat is narrowly controlled republican senate.

if you rely on fundmentals. and i call people the wrong name all of the time. >> you are free to mispronounce my name. >> and republican senator pat roberts is running for reelection. and they thought it was a shoe in race for him. there is an interesting development there. and does that figure in your cal can you layings and a possibility that pat roberts doesn't win reelection? >> there is a possibility. and it is amazing. and part of it is really the governorship and the governor election is in deep trouble and republican and one- term incumbent and may lose the election. and the republicans are divided between the establishment half and tea party half. and it is hurting roberts in the

senate race. and he had a weak primary. and kansas is a pretty republican state. this is where the campaign matters and where republicans are trying to rescue roberts and there is a deep pool of republican voters in kansas if they can strike the right notes with the republicans, they will pull roberts outside of the fire. >> labor day is not that far in the mirror. it is usually said people don't pay attention until after labor day. you seeing any shift in the races now that people are back at work and paying attention? >> i am not sure how closely people are paying attention to the midterm election a third of the state are having a senate election and so there is more

interest in the governor's elections. this is the kind of election where people will pay more attention in the twoor three weeks prior to the election. we are still well out from it. most normal people are not that deep in politics and probably a good thing they aren't. >> we are glad some people are. it keeps you employed and gives us something to talk about. >> and we are not the at all normal. >> and police chasing a new lead now in the desperate search for missing college student and other young women missing in the same area. and a wild fire raging out of control again and threatening to destroy one tight- knit community. >> one of those things you will watch on tv. and you never think it will

happen to you. fires get started. you better get moving. tive cae arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain, and improve daily physical function so moving is easier. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach

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members of the house affairs grilling the inspector general over a report that cleared that agency of any scandal. that report said that investigators could not conclusively link the deaths of veterans to the va hospital in phoenix. a former va doctor accused the inspector general of altering that report. it is a claim that the agency denies. crews are battling dozen of marriage fires in the state.

it is live from the west coast. and that is a dozen of wild fires. and not so much in southern california. but the town of wi and the oregon border is still smoking. one minute the neighborhood was there and then gone. and monday, those same winds destroyed much of the town when a 40 miles per hour wind turned the brushfire to a wall of flames that swept through the town. parts of the town were shared andands living in the town must decide to stay or rewilliamed or lease. it is sadness. and not seeing friend's houses and seeing a roar of flames and

then nothing but rubble. >> thousands of firefighters remain. 2500 fire fighters combating the winds and probably two days before a chance of rain on friday could slow the dense 18,000 acre forest fire. if we don't have constructive fire lines or manmade or natural barriers. it is difficult to draw a line in the sand to stop the fire. california remains on high alert. they are dispatching at the first sign of smoke. we expect it on friday and

tomorrow. we have another month of santanana winds. >> a manhunt under way for a cop killer. the suspect is heavily armed and knows how to hide. we'll talk to the detective on what is next. >> and disturbing requests of security request coming out of the first public hearing on a committee hearing on benghazi. >> it is a bipartisan fact finding miss. >> maybe we can be what those four brave men were. neither republican nor democrat. just americans in pursuit of the facts and justice. and no matter where that journey takes us. the performance review.

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>> a proposal to promote st. louis officers is facing a barb lash. it would require them to wear cameras over their bodies. they can't do that without violating the union contract. it is what we would be afraid of. >> and it would help to restore trust with the police. it sparked the widespread protest. and today is the first public hearing in benghazi.

listen. are you familiar with the fact that guys on the ground repeatedly asked for additional security and were denied. yes, sir. we need more good guys here and repeatedly asked for that and denied and it was verse than that? >> yes, sir. >> what they had was reduced, is that accurate? >> yes, yes. >> we'll bring in peter brooks and a former deputy assistant secretary of defense. and we'll talk about benghazi. one of the important things they are doing is trying to determine what went wrong on september 11th and how to prevent it in the future. are we getting there? >> it is up to congress to decide. they came up with a number of

recommendations and congressional in the hearing of what we expect to be a of hearings are trying to determine that. there are obviously concerns that what happened then could be repeated again as we look around the world and how dangerous it is. and you are talking about iraq or other countries with threats. >> i know what surprises some people. there are other accountability review boards and attacks on the review. and yet we still had an attack two years ago. >> that is a concern that you go through the review boards or lessons learned and exercises and everybody said yeah, we agree it was a problem and they put it on the shelve and it gathers dust. it is important what congress is doing here, making sure the recommendations are implemented.

otherwise, they are not worth more than the paper they are written on. and circumstances, heather, change. libya is different than what happened in 1998 or africa or the uss coal. we need a corporate history that allows the professionals and look at the things and we continue to build on the mistakes and tragedies of the past. >> i want to ask you about isis. president obama is in tampa and meeting with central command. i want to play a clip-on what he said he was not willing to do in the battle with the terrorist. i will not commit you to fooin fighting a ground war in iraq. when we do things alone and the countries the peoples in those countries are not doing it for themselves, assoon saz we leave,

we start getting in the same problems. >> contrast that from what we heard from martin demmsee. who should we believe? >> there is a lot of reasons he laid that out. political or practical or national security reasons. and the general said in a moment of sheer honesty, if things are not going well and i can't reach the objectives that the president laid out for me without ground troops, i will go back to the president and ask him. the president could deny demsey once again. the president has a strong say in how we compute military operations.

this is his job to speak truth and power if necessary. there is not u.s. ground troops. it is the general trust here. >> the president touting the coa ligdz. and if i am a arab ally and listen to the u.s. may have to change its policy i will sit back and let the americans handle this, what do you think of that this? you call it free loading. >> people like public goods. it is the u.s. navy. some are cautious right now. turkey. isis has a number of turkish hostages. and britain has a referendum on scotland and they may not do

much surveillance. it is it is a concern. and if you are going with the president's plan push others to do the heavy lifting. >> you wrote that president obama's long awaited plan to fight the terrorist group is a work in progress. he writes. a point here is a weight bearing policy pillars and are dubious. we need more than encouragement for others and getting it in isis and syria is not nice to have but a most do. we don't want a situation where our allies and partners are trading punches with isis. we want them to do the heavy lifting. and on the other side is a opposition force.

it is a force of 5,000. and we are talking about 20 or 30,000 and other islamist groups. it sounds like a one sided fight and it is not going in the direction of the fighters. it is critically important. and the president and isis fighters are in syria and you are not going to end the problem if you deal with it in iraq and kurdish and iraqi forces. thank you so much. thank you. and to be continued. police have a new lead. series of disappearances in that area could form a disturbing pattern.

and fuelling new speculation. and that is caucus state. joe bidenen is spending a day with the nuns on the bus. he offended some with a slight to the juice, we'll have more on that in a minute. than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

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>> police say a new lead is expanding the search for

a missing students. 18-year-old hannah graham disappeared. that is surveillance video as she is leaving the apartment. she is the fourth young woman in the past five years to go missing in that area. all young women and one of them with a man who went missing. and not that far apart. do you believe they are linked? >> yes, i do. heather. i looked at the police reports. what is chilling that as you said, there seems to be a pattern developing. except for one case late friday night and saturday morning. all of the victims had similar height and weight and all in september. >> it locks like the birth of

a serial killer. they are all about the same age. do you have someone striking and willing to strike at will. the puzzling part is long-distance of time. the striking similarities of all of the facts of a serial killer it has the potential to be. >> we are seeing a picture of those missing right now. and why are we only connecting the dotes in these cases now. >> they investigate the case its own merit. they may have not had enough to say it is linked to a particular case. usually a bullet would match.

you don't have evident because you don't have bodies except for one. they did find one of the young women. >> she was abducted from a concert in the char hotsville area and her body was found four months later. >> you have no other victims to stomach. we hope to good that is not the case. >> and let's talk about another hot story. eric fine. a 31-year-old man. he is believed to be responsible for ambushing the trooper that died over the weekend. it is still an active manhunt. >> we know he is a sharp shooter and survivalist that can survive anywhere. and this guy may have a bone to pick with law enforcement. you said good bone to pick.

do we know more beyond that? >> no. the law enforcement is not letting that out at this point. we don't know if he was arrested or mistreated or just doesn't like the police. the guy has got a problem and taking it out on the police. you are woman with the area. could this person just get lost? >> it is interesting. when a criminal commits an act he will look for opportunity and a way of escape and he found a way to escape. >> let me ask you. schools on lock down and shut down and closed because they are concerned he could go after schools, why that connection? >> i don't understand at this point. if he is deranged you have to take precautions. but it looks like the target is the police and not schools. >> parents say the ak 47 is missing and a rifle with

a scope. >> he's ready for war and die. these types of individuals will have to be taken out. >> just 31 years old and police in pennsylvania need your help. >> thank you so much. steve rogers retired police detective. thank you for coming n. john? >> legendary recording artist patty labell expected to answer serious charges. we told you about the case when the incident first took place. a former west point cadet is suing the singer after an incident in the houston airport. her entourage pummelled him and slammed his head in a concrete pillar. and labell's attorneys say he was heavily intoxicated and hurling insult at the singer.

phil. first of all. why would patty be responsible. she did not throw punches. >> it is called vicariously liable. and anything they do on her behalf she could be held responsible in a civil courtroom. >> and i remember the first time we told the viewers about this case, there is video available and there was surveillance cameras outside of the areas where the limo was parked and wouldn't that answer the question of whether he was trying to climb in her limo. the evidence was not clear. it is not your average civil assault lawsuit. you have a criminal defendant with deep pockets. there is a lot the at stake. he is suing for millions and it

is it he said, she said case. they attacked me and i didn't provoke this. and the defender said no, no, no. the plaintiff attacked us and he would be aggressive. it comes down to the credibility of the jurors. it does not help the plaintiff the fact he was three types over the legal limit and doesn't help the plaintiff that he testified he had no recollection. the first thing he remembers is waking up in a hospital room. it is not looking too good for the plaintiff here. >> he was on the way to begin spring break. he was not on west point property when it started. and a boston judge is ordering new dna evidence in a prosecution of a rape case. the suspect is an identical

twin. converbal testing cannot distinguish with the twins and why it came back to pointing to two possible perpetrators and prosecutors are hoping that a new cutting edge test out of europe will show which suspect committed the crime. what about that, phil? the accused has a brother with the same dna. and the prosecution will bring in a new test, is that a wise move do you think? >> it is in this case. i want to be clear, the judge will act as a gatekeeper and determine whether the new dna testing is reliable and relevant. and so the state thinks they have the goods and that evidence is reliable and accepted in the scientific community it could come in and eliminates the defense and points quarly at the individual who committed the

crime. >> the case went uncharged because prosecutors apparently even though they had dna evidence, were not sure which brother matched the evidence and then they get an informant who said he participated in the crime and he was willing to turn state's evidence against the one brother who is now charged. why would that not be enough? >> dna evidence is compelling in criminal cases obviously but not determinative. and the prosecution is saying, we have more than dna evidence and we have co-defendant identifying the defendant as someone who committed the crime. and the eyewitness of the victim and the physical description matches the defendant and not his identical twin brother. this is ground breaking if the judge allows the dna test in. >> we'll let our viewers know what happens. thank you, both.

>> john, i have a story for you that i know you will like. hailing a cab to space. >> i am all there. >> nasa spending bucks to make sure the next step in space travel is made in the united states. hi, i'm henry winkler

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♪ >> the u.s. space program about to get a major reboot. nasa awarding a contract. to get work on the first commercialee oened and operated space taxis. it will allow the astronauts to take off. and end the dependence on russia. they are managing editor of space.com. and a model of what they are proposing to the to do.

that is right. it is a dragon capsule on top. and called version two. because they are going to be there this week. >> the dragon is flying to the international spaceitation. they have a contract to provide robotic deliveries. it is an upgreat. >> and thou difficult is that to retrofit. it is one thing to have the meals and another to keep a team of 6 or 7 astronauts breathing. from the ground up. they were going to build this vehicle for a four manned spacecraft. and they were really thinking of that before they started that robotic craft.

it would be nice to get american spacecraft running again. it is getting higher and higher. >> they don't have a shuttle program any more? >> they are not only inventing but the cst 100 space capsule and not only have one to be dependant on. and they have a fall. >> and boeing gets a bigger piece of the pie. >> it is a competition about who will fly when? >> they will fly american astronauts in space. that you could use them both and given what is going on in eastern europe and ukraine, it

would be noise not to have to rely on the russians. >> it is time for launches. >> thank you. heather? >> i know what i will get you from christmas. a ticket on that. speaking of christmas. it is throw months until christmas. fedex is planning a holiday hiring free. we'll tell you about that. and we are just hours away from the historic vote on the future of scotland. neal cavuto will have the latest on the outcome.

hey, everyone. i'm gretchen carlson. tons of news going on today. benghazi hearing finally getting underway. we will speak to the uncle of sean smith, one of the americans killed in benghazi. he is going to share the five lessons he has learned.

also, police are about to release brand new video in the case of that missing college girl from uva. we'll bring you the latest on the search for her. and i'm going to give you my take on who is to blame for the criminal culture all too prevalent now in professional sports. don't miss it all top of the hour. well, the first presidential contest in 2016 is more than a year and a half away, but the potential candidates are wasting no time getting to iowa just days after hillary clinton made her big return there. vice president joe biden is now making the rounds to the hawkeye state, is he is already apologizing for one of his remarks. paul is live for us in des moines, iowa, with the details. okay. what did he say now? >> hi, heather. well, here he is dealing with the nun on a bus group. it's a liberal group of nunns that have been around pushing their agenda, and it matches up quite nicely with president obama. ironic in that this is considered an official vice presidential visit, which means

it's taxpayer-funded, and, yet, the vice president is clearly taking part in partisan politics. yesterday he was talking to the legal services corporation, annual anniversary celebration, and he was talking about how sometimes corporations and banks take advantage of service men and women, and he was particularly talking about his own son's experience that served in iraq and suggested that the banks are sometimes taking advantage of people, and he used the term shilock to refer to these banks, which is a character in shakespeare's book merchant of ven irks and it was a jewish money lender who was a rather evil character. for that mr. biden has gotten a little bit of flack. first, let's listen to what he said yesterday. >> that's one of the things that he finds was most in need when he was over there in iraq for a year. people would come to hip and talk about who was happening in terms of foreclosures, in terms of bad loans that were being -- i mean, these shylocks who took advantage of these women and men

while overseas. >> and for that line, joe -- for that line joe biden, the vice president of the united states, is now under fire from the anti-defamilianti anti-defamation league. they say it casts dispurgeons. here was the catholic nuns. mr. biden was very much upbeat and making the point that he grew up in parochial schools and has known nuns for some time. he gets in trouble with some jewish groups angry about alleged insensitivity. today he is with some nuns. it was supposed to be a nonpartisan event, using the democratic agenda for 2014 and the vice president to run against hillary. >> can't make it stuff up. can't make it up. >> good stuff. good stuff. >> carl cameron, thanks. >> he is having a good time. >> will the none rap his knuckles with a ruler? it will soon cost you more to ship items. fedex raising its shipping rates nearly 5% in the u.s. starting

next year. 50,000 extra workers for the holiday season needed. that's the good news. we'll be right back.

o'reilly here. even some liberal americans want to put a hurt on the islamic terrorists, but not all of them. tonight we'll investigate how the left is processing the war on terror. >> dennis miller, big football fan. we'll evaluate the state of the chaotic nfl. next time.

>> we'll see you tomorrow. "the real story with gretchen carlson" starts now. we start with the fox news alert because that american man on your screen accused of trying to help isis from right here on united states soil. busted just in time as the global terror threat takes center stage on capitol hill. hi, everyone. i'm gretchen carlson. hope you're having a great day. this is the real story. the house homeland security security committee right now holding a hearing on the ever-growing threat to our nation. it comes as we learn new details about that new york man indicted for supporting isis. he is one of the first americans to face charges of recruiting for the terror group from right here at home. national security correspondent catherine herridge, she's