we've got to run. we thought george clooney looked very happy. martha: happy for them. beautiful couple. have a great day, everybody. "happening now" starts right now. eric: president obama now admitting his administration both underestimated the threat of the radical islamic terrorists of isis and overestimated the ability of the iraq's army to fight them. hello, everyone, i'm eric shawn in for jon scott. >> i'm shannon bream in for jenna lee. but the president stopped short taking the blame for himself and calling out members his intelligence team for dropping the ball and saying us air strikes are inadvertently helping syrian president bashar al-assad who is accused of war crimes. u.s. fighters hitting four different provinces in northern and eastern syria. conor powell begins our coverage from the middle east bureau.

hello, conor? >> reporter: hello, shannon. the u.s. is a week into the military campaign in iraq and syria and coalition pounds isis militants in both countries. the targets are the military infrastructure and financial infrastructure that isis uses to fund and fight its wars in both countries. they're targeting things like humvees and armored tanks that isis captured from iraqi troops and also the financial empire that isis put together. the things like the modular oil refineries that isis uses to process oil and sell on a the black market but the coalition is also flying air support missions in support of the kurdish fighters near the town of kobani. this is an area where tens of thousand of syrians have fled as kurdish troops battle isis militants. there are reports of civilian casualties. confirming anything is difficult for western media. there is not a lost access for western media in that area. the coalition airstrikes seem to

help the kurdish fighters as they battle isis militants but the battle is far from over. still isis remains in a very strong position in both syria and in iraq. they control large swaths of both countries are showing no signs of ending their terror across the entire region. international airstrikes however reportedly creating pressure on al nusra. this al qaeda affiliate in syria. they are reportedly contemplating joining up with isis. the two groups basically share the same rigid ideology and fundamentalist view of, of islam but the two groups have been reportedly at odds over leadership. the isis campaign has really sort of taken control of all of the syrian and iraqi territory and isis has been fighting with jabhat al-nusra. there are reports that two groups may link up. that is not confirmed but reuters, a news organization with people on the ground there, saying there are talks or

contemplation about on the part of jabhat al-nusra. we're seeing continued us air strikes targeting isis and jabhat al nusra and other extremist groups. the fight is far from over. u.s. officials say this will be a long fight and that is exactly what we're seeing there. shannon. heather: conor, thank you very much. eric: top u.s. brass will update the us air strikes today. doug mckelway live from the pentagon with a what will be expected. >> reporter: to continue where conor left off, the attacks continue in u.s. and syria where the partner great britain is participating. latest targets are the mobile oil refineries. but thus far their effectiveness they are difficult to engage. there are reports that isis continues to make successful incursionings as you heard conor say. taking over a iraqi army base near baghdad and killing as many

as 300 iraqi soldiers. there is also report of isis incursion near the turkish border, driven thousands of refugees from their homes. the fighting so close that some artillery shells are landing in turkey. the leader of al nusra in syria using all possible means to fight back against airstrikes by the u.s. and partners. the pentagon admitted that these early airstrikes are not going to be determinative. >> and so your question gets at, really gets at, how do you know, how do you know you're winning. what i'm telling you that will take as you while to be able to say that. they still control wide swath inside of iraq, no question about it. this is just, as i said the other day, and i think, i want to state it again, this is just the beginning. >> reporter: but the beginning has opened up a lot of confusion on the ground among these moderate opposition groups. syrian rebels warned that

targeting al nusra front, serious al qaeda branch as well as sighs will inject more chaos into already unpredictable situation and it has left bashar al-assad in a very favorable position because we're attacking his enemies, while leaving him untouched. we're expecting update from the pentagon. that should make the picture a little bit clearer in regards to these latest airstrikes over the weekend. eric. eric: doug, as we know, it should take years. thank you. shannon? >> as we told you at the top of the hour, president obama admitting his national security team underestimated the strength of isis. here's the president in a taped interview with "60 minutes." of. >> i think our head of the intelligence community, jim clapper, has acknowledged that i think they underestimated what had been taking place in syria. >> he didn't say that just say that we underestimated isil. he said we overestimated the

ability and the will of our allies, the iraqi army to fight. >> that's true. that's absolutely true. >> bret baier, anchor of "special report" on fox news channel, 6:00 eastern every night. good to see you this morning. >> hey, shannon. heather: two-pronged admission by the president, his intelligence team, although he didn't say him, underestimated isis and also admission that the iraqi forces were not ready for this. >> it is really not sitting well in the intelligence community. we've heard from a couple of lawmakers who say they have talked to people inside the intel community that who say they have been briefing the white house more than a year, specifically on the threat from isis and the expansion of isis and that there is public testimony in congress from the former head of the defense intelligence agency and other people talking about the threat as it was growing, seven, eight months ago. and as for the iraqis, what he didn't talk about in that

interview is the status of forces agreement couldn't be reached. and all u.s. troops were pulled out, as you know. a lot of criticses say, had u.s., had some presence to firm up the back he bone of those iraqi troops it could be a different story in the northern part of that country. >> he was asked about the fact that we have 1600 u.s. personnel on the ground in iraq. there is raging debate whether there will be ever u.s. boots on the ground but questions turns to whether those are boots on the ground and president was very careful to distinguish what those quote advisors doing is the forces we've had there in the past. >> yeah he was trying to say this isn't 150,000 troops going in and in his words, playing whac-a-mole in different countries around the globe. however you are if you're one of the families of the 1600 and your advisor, husband, is on the ground with iraqi units taking fire and calling in airstrikes, guess what? i mean they're in combat and

these are special operators and they are with some of these iraqi troops. they are forward-deployed and expect that number from everything we're hearing to go up, not down. >> bret, the growing military operation against isis raising some tricky constitutional questions specially whether congress must vote to authorize is this war if that's what we're calling it, some are, some aren't within the administration. here is republican senator john barasso of wyoming on "fox news sunday." >> this is the earliest congress has adjourned in over 50 years. i don't think harry reid wants this debate or the vote. i think we have obligation, prime minister of britain, called the british parliament back. no member of congress should be left off the hook. the constitution is clear. article 1, section 8, powers vetted in congress to declare war. >> not just republicans bret, who is saying this we're hearing this from other side of the aisle right before a critical

midterm election do you think democratic leaders are behind calling these folks back and taking a difficult vote. >> no, i don't. despite what senator bas as sew says -- barrasso, not every republican wants the vote ahead of the midterm. i don't think you will see a vote before the election. i think right after the election you will likely have this authorization move and, a move to take a vote after the election. it is really an interesting dynamic here. people get elected to make the tough decisions. one would think that this would be one that you would want to vote for. you're right, some democrats are calling for the same thing. senator tim kaine for example, in virginia, very vocal on this, as are others. >> ahead of those important midterms here is a bit of what the president had to say, all eyes on the senate. here is his prediction. >> senate? >> yes. i do. >> do you think you can sell

this? what we've been talking about? you think you can convince people they're doing fine economically? >> hopefully they get a chance to hear the argument. all i'm doing is presenting the facts. >> the question was, can the democrats hold on to the senate. the president went on to say, he referenced that ronald reagan question, are you better off than four years ago, looking my six years and what i walked into i think the country is much better and he thinks the democrats based on that will hold the senate. >> that is interesting take. i don't think there are that many democrats lining up right behind the way he phrased it there, are you better off than you were six years ago. i think is something you don't see in the polls lining up to what the president said. you look at the different races here and obviously we've talked about republicans need to pick up six seats to take the u.s. senate. they're in play in about 10 different states. some new polls out today suggest some other states are more in play for republicans than first thought. so you look at all the models and obviously, caveat, that you

have a long time between now and november 4th. but it is increasing the percentage that republican may take control of the senate. >> we shall see. you and i will be watching it along with all of our fox colleagues like hawks the next few weeks. bret, thanks so much. see you at 6:00 tonight. >> see you, shannon. eric: that's for sure. we're waiting for israeli prime minister benjamin netanyahu we'll speak at the u.n. general assembly in new york. the prime minister is set to speak about an hour from now. the among the topics he is likely to address the recent conflict with hamas in the gaza strip. before leaving before new york the prime minister said, quote, would refute all the lies directed at his country over the 50-day gaza war. of course netanyahu is expected to warn the world again about iran's disputed nuclear program. that as the deadline for a potential agreement with the six world powers now looms towards the end of november. afghanistan is getting a new president amid hopes for a new security pact with the united

states. he was sworn in today, replacing hamid karzai. this is afghanistan's first democratic transfer of power since the u.s.-led the fight against the taliban there back in 2001. obama men station official says they hope that lounani will signed a security agreement tomorrow. that agreement would allow 10,000 u.s. troops to stay in afghanistan after the international combat mission ends there later this year. meanwhile insurgent violence continues in the country. at least 12 a police officer was killed in the latest attack. >> ukraine seeing some of the worst bloodshed in weeks. new fighting between pro-russian rebels and eastern city of donetsk killing 12 people and wounding more than 30 others. earlier this month you remember, russia, ukraine and rebels that would require all sides to remove all heavy artillery from the front line but that seems to have done little to end the violence. eric: man, oh, man, it is not a

quiet monday. a powerful storm system moving across parts of the rockies into the plains and sparking a severe and risk of concerns of large hail and actually isolated tornadoes much. meteorologist maria molina in the fox extreme weather center with the latest. what do we expect? >> hi, eric. that's right. we do have risk for severe weather across the high plains and central plains that. risk for severe weather will continue as well over next several days. it is associated with a large area of low pressure. it is upper level low and rotating across portions of the rockies. out west a very large system. looks pretty quiet on radar and you have showers and isolated storms across parts of the rockies. look at the risk later this afternoon into this evening. anywhere from parts of new mexico to parts of texas and oklahoma panhandle, eastern colorado, western parts of kansas and in nebraska. you are looking at that risk for these storms to potentially produce some large hail, some

damaging winds and even some isolated tornadoes. that risk will continue to move eastward over the next few days across portions of the plains. of course we'll keep tracking that. but we have another storm system across parts of the southeastern united states. we have flash flood watches in effect out here. several ins of rain expected so. the flood threat will continue into this evening. eric. over to you. eric: people have to watch out west. thanks, maria. shannon? >> eric, democrats renewing the fight to control the senate. why party leaders think issues from racing minimum wage to legalizing pot will give them an edge. jody arias is health to return to court. a jury will decide the fate of her brutal murder of her ex. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing.

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shannon: right now some new info on crime stories we're keeping an eye on. jury selection getting underway in the penalty phase pretrial of jody arias. prosecutors again are seeking the death penalty after a

previous jury failed to reach a decision. arias was convicted last may in the 2008 stabbing death of her ex-boyfriend. miami police investigating a shooting at a nightclub yesterday morning that sent more than a dozen people to the hospital. responders reportedly surprised that the victims including girls as young as 11. the cause of the shooting and number of gunmen, not clear. >> into gunfire breaking out in the parking lot of a chuck e. cheese east of l.a. no one was hurt. police are looking for the suspect. eric? eric: shannon, county down to the midterm elections is only a few weeks away from that now. democrats facing close races are hoping on ballot initiatives to motivate liberal voters out to the polls to help them in november. chief political correspondent carl cameron live in washington with the latest. what can we expect? >> we can expect a vote five weeks from tomorrow. for a lot of states, 41 in fact there will be somewhere in the neighborhood of 125 ballot initiatives for people to make decisions on. all told about a billion dollars

in advertising will be spent on these initiatives. democrats propose to raise the minimum wage to motivate low income workers in places like arkansas where vulnerable incumbent senate democrat mark pryor supports an increase and is very tough race against republican tom cotton who is he opposed to raising the minimum wage. in alaska, democrats have similar mesh to help mark begich defend his seat against dan sullivan. who says an increase in the minimum wage would kill jobs. in alaska there is ballot initiative to decriminalize marijuana. democrats hope it will help begich. there is indication that marijuana initiatives bring out younger voters. florida has a ballot initiative to make it the 24 state to make marijuana legal for medicinal purposes. in colorado where voters legalized cannabis two years ago there is referendum, a hot button issue. a pro-life constitutional

amendment to define a fetus as person. personhood is the amendment. mark udall opposes measure but wanted it on the ballot to energy pro-choice voters against cory gardner who doesn't support the measure but in the past supported some personhood measures. measures in washington state how to hunt for bear. in mississippi there will be a constitutional amendment even making hunting and fishing a constitutional right. 125 to 130 of these in 41 states, eric. eric: well, they can figure out anything and leave it up to the politicians to get votes out. >> who would not think fishing should be a constitutional right? how could anybody argue with that? eric: it is. depends if you throw them back. thank you. shannon? >> dozens of people feared dead after a volcano erupted without any warning. we're going to tell you where, show you some pictures and all the latest on the search efforts there. plus growing controversy over a decision to characterize

that gruesome beheading in oklahoma, as quote, workplace violence. does that overlook a much bigger issue? we'll have a fair and balanced debate. >> can you hear this in the background? >> is that him? he's back? >> yeah, sounds like he is running around out here. how much money do you have in your pocket right now? i have $40, $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards

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shannon: fears of toxic gas and ash forcing rescuers to halt search efforts in japan following the deadly volcanic eruption. it came without warning on saturday as dozens of visitors were making their way through popular hiking trails. at least 30 people are feared dead. dozens had to be airlifted out on the site and or caried out on stretchers whatever they can do. 12 bodies so far have been

recovered. it is unclear when the search for the rest will resume. eric: now so that shocking beheading in the heartland. charges expected today against that oklahoma man accused of this vicious crime. of course beheading one woman and stabbing another at a food processing plant a dramatic 911 call was made during the attack shortly before the suspect was taken down by a company executive who also happens to be a reserve sheriff's deputy. he shot that suspect twice. eric: police say the attacker was this man, 30-year-old alton noland. he was recently fired from the plant and been trying to convert coworkers there to islam. there were even reports that nolan is linked to an al qaeda leader but the fbi so far is refusing to call this attack terrorism. instead officials characterizing it as of now, as workplace

violence. is it? really? alan colmes, radio talk show host, fox news contributor, cal thomas, syndicated column it, author of what works, common sense solutions for a stronger america. welcome. let me start with you, cal, look on his facebook, rapted against america. called himself israel. had pictures of usama bin laden on facebook and 9/11 attacks, officials are saying this is work place anger. >> eric, i feel like we're back in the clinton administration debating the meaning of the word is. if it walks like a terrorist, beheads like a terrorist, talks like a terrorist, has tattoos with islamic slogans on his victim's and put anti-israel and anti-american sentiments on facebook page, tries to he convert coworkers to islam it's a terrorist. what if blows up a drugstore, call it pharmacological violence? one problem we have not identifying enemy. during world war ii we identify

the enemy as nazis and imperial empire of japan. stereotyping where we got people behind the war. the way we're fighting this war is more like amy van per built's book the etiquette less george patton's rules of engagement. you can't win a war like that. eric: is the enemy and what of this classification -- >> someone former employee, angry, mentally ill and went back and commit ad act of workplace violence where he worked. a recent convert as fox news has reported we wouldn't even debating whether or not this was act of terror or act of workplace violence. because of the world muslim which then brings up a whole different angle to it. contrary to what my friend cal thomas is saying, this is not a religious war and both president bush when he was president and barack obama have been very clear that we are not in a religious war against islam. let's not make this into that

when this is a clearly mentally ill former employee, angry about what happened to him at work. eric: alan, here is what they say that he has written. i will instill terror into the hearts of the unbelievers. wake up, muslims. america and israel are wicked. he is not ranting against von foods that fired him. not saying don't go buy von foods, alan. >> he may not be saying those exact words but i believe that there is an agenda here on the part of those who want to make islam the enemy. make it a religion the enemy when these are people, especially recent convert, who is not practicing islam. by the way, "the los angeles times," one of only media outlets report ad bunch of islamic groups in america have spoken out about against this, pointing out this is not represent what islam is. >> well you know, yasser arafat used to denounce terrorist activities he was behind. so disinformation is one of the tactics and propaganda of any enemy.

they're practicing it too. look, the fort hood shooter, that was workplace violence although he had been a muslim much longer than this guy nolan. and he was inspired by a radical imam in the middle east, an american, who was taking -- eric: the son. >> exactly right. how long do you have to be a muslim fanatic before you can be identified as a terrorist? i like to see the rule book on that. >> defends how you define terrorism. >> back to is again. >> what is terrorism? is terrorism any muslim who creates or does a violent act because the person is muslim automatically. >> yes, yes. let's call it what it is. >> if a christian or jew or an atheist had done the exact same thing, it is not terrorism. it is only terrorism because of a recent convert claiming something -- eric: still classifying as workplace violence. some people they say jumping to conclusions. others saying what they think it is. >> there is no christian or jew out there right now beheading

people, wanting to blow up america, for jesus or for moses. you can't point to single one. >> i agree with you. i'm not debating that. i'm simply saying the only reason we're mentioning the word terror because the person claims he is muslim, when many moderate muslims are saying this is not what islam is and we ought to listen the moderate muslim groups speak out. eric: alan, that will have to be last word. to be fair if you read what you they say he wrote, he clearly talks about terror no matter what the motivation was. thank you very much. shannon? shannon: president obama blaming members of his national security team for misjudging how big of a threat isis is. arizona senator john mccain standing by. we'll get his reaction next. a parachuteump goes horribly wrong. two people fall from the sky and slam into a building. we're watting h -- watching and waiting for prime minister minute benjamin netanyahu. he is promising to refute lies

against israel. we'll carry his remarks live.

shannon: in a taped "60 minutes" interview seeming to blame top members of his national security team the president said they failed to realize how much of a threat isis was in the early going. he also had this to say when he was asked if we are at war with isis. listen. >> what i'm saying is that we are assisting iraq in a very real battle that's taking place

on their soil, with their troops, but we are providing air support and it is in our interest to do that because isil represents, sort of a hybrid of in the not just a terrorist network but one with territorial ambitions. so the strategy and tactics of an army. this is not america against isil. this is america leading the international community to assist a country with whom we have a security partnership with to make sure that they are able to take care of their business. >> reaction, arizona senator john mccain. thank you for coming in today. >> this is not a war against isil but for isil it's a war against us. help me out. this whole speech, the dog ate my homework speech. he is blaming now the intelligence community. by the way there is already enormous blowback from the intelligence community saying, of course. the president gets a daily intelligence piece of paper and,

if, a lost presidents would have a person come over and personally brief them every day, but maybe he doesn't read those, because it was clear to all of us, including myself and senator lindsey graham, we warned him about this we said it is happening. the intelligence community clearly knew it was happening and for him to say we're not in a war against isil when baghdadi, the head of isil, when he left our camp bucca in iraq after spending four years there, his last words were, see you in new york. go on the web page. go on the web page and internet. they are determined to attack the united states of america. don't take my word for it. ask the head of cia, director of national intelligence, director of homeland security. they will all tell you this is direct threat to the united states of america. which means to me i'm not sure how serious, in fact i don't think he is really serious about the nature of this threat. >> do you think it is that he doesn't understand or hasn't fully understood it to this

point, or do you think that it is that, he ran on getting our men and women home from those places and that was just the strategy he would stick to at all costs? >> i'm afraid that is the case. every president in history, good ones and not so good ones made the mistake, acknowledged it and moved on of the president reagan, iran-contra, acknowledged and then moved on. president clinton with bosnia. president george w. bush after the debacle in iraq and when he started surge acknowledged the mistake. this doesn't seem to be in this president's dna to acknowledge that they were wrong. and, then i think the american people would be willing to move forward. i noticed that his numbers haven't budged. why is that? because i don't think the american people have any confidence in this guy anymore. shannon: the polls do show significant, you know, skepticism when it comes to his ability to handle foreign policy issues. something you've said, if we had armed the free syrian army years ago, we wouldn't be where we are

today. obviously there is a lot of debate who we arm, what we give them, how do we vet them. where do you think we go now? >> two things. one if we left a re sid wall force. they say they wanted to, that is a lie. i don't say that very often. lindsey graham and i were in baghdad when they were ready to deal all you've ever seen from the president of the united states recently, got last combat troop out of iraq. that was his commitment. the second thing is, it was a recommendation of the secretary of defense, secretary of state and the director of cia to arm the free syrian army. at that time it was two years ago. free syrian army which is much more capable, thousands of them have been killed, shannon. they were much more capable and we could, the situation in, in syria would be very different today and isis, in my view never would have ever come into the position they're in today which is a strongest, richest,

caliphate in history. and why in the world we keep talking about syria on the one hand and iraq on the other hand as if they're two different conflicts. they're not. look at the map. it is one caliphate of the isis. and so, for us to have one strategy in one side and another on the other is bad. one other point. we're arming now the free syrian army, 5000 of them, even though isis has 31,000, which brings into question the real purpose here but we're going to tell these young men we are training to go back into syria and be bombed and killed and murdered by bashar al-assad who has done most of the killing, 192,000 dead? we're going to say, okay, go kill isis but don't do anything with assad while he is raining bombs down on you? we need a no-fly zone f we're going to succeed we need a no-fly zone. shannon: the president acknowledged difficult

contradictions we're facing in syria especially fighters in the ground. >> he can acknowledge it saying there is no-fly zone, we'll take you out, bashar. >> senator, very good too he sue. thank you very much for your time today. >> thank you, shannon. a lot going on. shannon: not a shortage of news in the world. senator, thanks. eric: senator, shannon, thanks so. one of the first investors in facebook. made a billion dollars on that deal. he is also known for his controversial stances on issues like education. peter thiel also happens to be the cofounder of paypal. dierdre bolton will speak with him an hour from now on fox business network. she joins us live from san francisco with a preview. deirdre, man, oh, man, with a batting average like that, peter thiel has to know something about the economy and what we all should be looking for. >> he certainly does. one thing, eric, well-noted. he is a contrarian, he encourages his entrepreneurs to ask the question, what truth does society accept that you think is wrong? he says, basically that's a great way to start about

thinking about a business. you mentioned it. he has a contrarian point of view almost everything. education included. his fame 20 under 20, actually pays young kids, 20 of them per year, 20 of them to drop out of college. he says honest i you can learn more running a company with some very seasoned and experienced mentors than you can in school. we'll ask him about that. he is part of the thiel foundation. gives away between 13 and $15 million a year in projects that he actually doesn't think can get funded any other way. that is to say, biomaterials, modern metal. makes leather without any animals at all. he has a lot of different pet projects we'll speak with him b. shannon: a lot of ground to cover. a lot to bring up b what are you most excited to bring up with him? >> one thing we noted of his experience as cofounder of paypal, and he made this very public, he said paypal almost

didn't get off the ground because there was $20 million stolen in credit card fraud. he went on the offensive and they built this best of man and machine if you like as far as technology is considered to detect credit card fraud. he since founded palanteer. it is half nsa, half cia. this company is worth $9 billion. that is another one he founded. we'll ask him about all the issues of privacy and security we face as consumers in our daily lives and ratcheted up at higher level with government. one p.m. eastern time, 10:00 a.m. pacific with myself and peter thiel. eric: 10:00 a.m. pacific, 1:00 p.m. eastern. billion here, billion there, pretty soon you talk about a lot of money. dierdra, thanks very much. shannon: claims of late tent discrimination of a woman kicked off a flight she says simply because of her nationality. we'll explain. we're awaiting what could be fiery remarks from israel prime

minister benjamin netanyahu. set to speak at the u.n. general assembly in moments. you remember his comments about the red line with iran's nuclear program. he doesn't mince words at the u.n. we'll have his remarks live. a day of fun turns into pure horror when a monster truck goes out of control and straight into a crowd. [engine revving] hi, i'm henry winkler

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some say cbs is doing advance work for her campaign with one of its new dramas. is it? >> is nothing sacred anymore? new children's characters, sexualized in name of hall queen. let goat. -halloween. >> all that at the top. hour on "outnumbered." eric: first timer we have to see. see you in a bit. shannon: fun turned to tragedy for visitors enjoying a monster truck show in the netherlands. video of the incident shows that truck driving over the tops of rows of cars and veering off cores, knocking down a guardrail, plowing into the crowd of spectators. three people were killed. two of them were children. organizers say they're not sure what went wrong but that safety fences had been put up before the show. police are questioning that driver now. eric: meanwhile there is some

allegations of blatant discrimination coming out of new york. an israeli woman recently tried to fly from jfk airport to london but claims when she got to the airport she wasn't allowed on the plane. david lee miller is here. >> reporter: hi, eric. start with this. airlines operating in the u.s. are not allowed to discriminate but as you mentioned an israeli woman living in new york city says exactly what happened to her, simply because of her nationality. 32-year-old dina, who doesn't want us to use her last name, bought $1,000 ticket on air india from new york to london on priceline.com. when she got to the airport she found out the flight was operated by code sharing partner, kuwait airways. even though her itinerary did not include traveling to kuwait. this company does not have diplomatic relations to israel, kuwait airways did not allow her to travel to london because she is an israeli. >> approached the kuwait

airlines checkout counter, saw the mass port. you can't go. come with us. >> kuwait airways arranged travel on other carriers at no additional charge but critics say the u.s. department of transportation, which regulates airlines should not tolerate this type of discrimination. in a similar case filed in the u.s. last year, lawmakers for kuwait airways admitted in court papers to banning israeli passengers saying, and i quote, this practice is required by kuwaiti law. that explanation was booed enough for the d.o.t. to rule kuwait's law trumps u.s. law. senator charles schumer says, respecting u.s. law should be the priority. >> if they want to have privileges here in this country, they ought to go by the rules we go by and to say they will not fly an israeli passenger means that we should seriously consider removing some of their privileges here in this country.

>> reporter: one other footnote here, lawyers for kuwait airways say in court papers that the airline does not ban jewish passengers, only israeli nationals. eric? eric: wow, that is amazing. maybe ban kuwait airlines from landing here eventually. david lee, thank you very much. >> it is your money but the average cost for using an out of network atm is soaring. that is not the only place you're being nickeled and dimed. details next. a sky driving instructor and his student killed in a fall this weekend. details on the horrifying tragedy next. i'm a doctor of internal medicine

with something terrible to admit. i treated thousands of patients, risked their lives, while high on prescription drugs. i was an addict.

i'm recovered now, but an estimated 500,000 medical professionals are still out there, abusing drugs or alcohol. police, airline pilots, bus drivers... they're randomly tested for drugs and alcohol... but not us doctors. you can change that: vote yes on proposition 46. your lives are in our hands.

the ultimate arena for business. hour after hour of diving deep, touching base, and putting ducks in rows. the only problem with conference calls: eventually they have to end. unless you have the comcast business voiceedge mobile app. it lets you switch seamlessly from your desk phone to your mobile with no interruptions. i've never felt so alive. get the future of phone and the phones are free. comcast business. built for business. eric: right now the cause of that tragic weekend parachuting crash is under investigation. police say a skydiving

instructor and his student were jumping in tandem yesterday when they fell and struck a barn near the airport where they were trying to land. this happened on cape cod, massachusetts. the victims were flown to a hospital where they were both pronounced dead. their identities have not been released. the faa joining that investigation. 20. shannon: you may soon be seeing higher fees on check accounts. a new survey revealing just how much costs are increasing for customers trying to get their own money. you know what happens when you go to the atm. fox business anchor dagen mcdowell is here. dagen, two-part question but first let's start with what we're seeing in fees and we'll talk about what is causing that. >> record free overdraft charges and atm fees, for out-of-network atm fees. they're both at record. according to bankrate.com, out-of-network atm fee, the average is up 23% over last five years. $4.35. shannon: to get your own money. >> yes. but that if you go to another

bank's atm. shannon: never find one for my bank when i need money. you go where you got to go. >> because i'm too lazy to walk anywhere. overdraft protection, 16th record in a row, overdraft charges, $32.74. part of it, all the settlements and fines that the banks have had to pay after the financial crisis. they're just going to pass on the costs to you. $125 billion at least just to settle cases related to the credit crisis. more regulation put on the banks. shannon: right. >> that limit what they can charge in some areas. so they pass along to you. shannon: i was going to ask you about the regulations because we keep hearing that there is so much that feeds into the cost of regulation across the spectrum, that consumers, all kinds of things they're paying for but really banking industry and financial industry as you know has been really targeted last few years. they say that is driving some of it. >> some of it. absolutely. in 2010, the fdic passed this rule, that confirmed abusive practices about overdraft fees

and customers have to opt into overdraft coverage. so they can't just sock it to you. if you bounce ad check they would close your account. but then they saw it as kind of a very lucrative area for charges. but overall, this is interesting, as of last year, according to the fdic, this is the total amount of fees collected by commercial banks. they have actually been in decline since the peak in 2009. the fees have dropped since 2009. overall amounts bank chars by 21%. even though the atm fee goes up for the individual, people are being smarter at being a customer, using apps and they, would rather buy a latte than hand five bucks over to a bank. shannon: we have to do our homework. thanks very much, dagen. good to see you. eric: thanks, shannon, dagen. here are brand new stories we're working on for the second hour of "happening now." the mystery respiratory illness affecting kids in states and could the be

a link to the virus and reports of paralysis in kids of the? we'll take a look. president benjamin netanyahu will speak to the u.n. his warnings about iran, we'll carry his remarks live here on fox news channel. ♪

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>> see you back here in an hour. "outnumbered" starts now. >> we begin with a fox news alert. as you can see, there's a lot happening at united nations general assembly right now. we're waiting to hear from netanyahu who is set to speak before the united nations general assembly this hour. he's expected to forcefully refute what he's calling lies from the palestinian leadership about israel's war with hamas. as you know, it lasted about 50 days this summer. we'll bring you that speech live when it begins.