we'll bab here tomorrow. bill: we'll see what comes out hearing. she takes full responsibility. will not happen again. martha: we heard that before. we'll see if she means it. "happening now" starts right now, everybody. we'll see you tomorrow. >> guess what? they didn't tell is the truth. there are new shocking details emerging about the latest white house security breach. just how far they got into the president's home. it is latest embarassment for the secret service. comes as the head of the secret service has been testifying this morning on capitol hill. i'm eric shawn in for jon scott. shannon: i'm shannon bream in for jenna lee. seems the iraq war veteran who burst into the white house armed with a knife earlier this month, got a whole lot further than secret service omitted. "washington post" reported that omar gonzalez rather than and much of the first floor of pennsylvania avenue, including past a stairway that leads to

the first family's bedroom. gonzalez apparently raced through the east room, site of historic bill signings before a assault agent tackled him on the way to the green room. see vet service said gonzalez was busted at main entrance. they are testifying before previously scheduled hearing over the house oversight and reef form committee. wendell goler at the white house keeping an eye on it all. hello, wendell. >> reporter: hi, shannon. julia pierson took charge of the secret service nearly a year after the age ses a prostitution scandal in cart at that hain yaw. after a reality tv star crash ad state dinner. omar gonzalez raised new questions. it was hard to belief he made it across the north lawn without getting tackled or shot orbitten by a guard dog. but we were led to belief he was tackled just inside the front door which by the way was unlocked. gonzalez made it well inside of the white house into the east room before an agent tackled him. in addition we're learning a

alarm system was turned off. the president won't criticize the secret service. after all he relies on them to put their lives on line for him and his family. privately he and the first lady were known it was angry it take days in 2011 to discover shots had been fired at white house. one of them hit a window. utah congressman jason chaffetz blasted the agency for first reports on the apprehension of gonzalez. >> secret service is very quickly, very quick to put out a statement that honors the officers and agents for their, quote, tremendous restraint. tremendous restraint is not what we're looking for. tremendous restraint is not the goal and objective. it sends a very mixed message. the message should be overwhelming force! >> reporter: white house spokesman josh ernest says it is balancing act to guard the first family what is essentially a tourist attraction that thousands of people visit every day and not have it look like a

bunker. pierson ordered security changes after the latest incident. the most visible of which is extra layer of portable fencing to at least slow down a fence jumper. some security measures are classified. she can't talk about them in open hearing. she told the hearing was unacceptable and took responsibility and would make sure it would not happy again. shannon? shannon: we'll keep an eye on the hearing. thank you. >> shannon, more u.s.-led airstrikes on radical islamist terrorist of is isis this time with syria's northern border with turkey as the army of terror advances on besieged town, stepping up attacks on the city of cobon any. forcing more kurdish people out of their homes. the isis assault raises warnings of a massive bloodbath of innocent citizens there. conor powell live from the middle east bureau with the very latest. hello, conor. >> reporter: eric, that kurdish town has been under sieges by

isis militants last several weeks. increasing the u.s. military and coalition partners are forcing and firing air power on to that area, trying to push isis militants out of that entire area. now according to syrian activists, airstrikes have hit isis fighters to the east and to the west of kobahni in the past few days. it is not clear how much damage is being done to isis in that area. kurdish refugees continue to flee the region. last week alone, more than 150,000 men, women and children crossed into neighboring turkey seeking safety from isis. more than a million have crossed in just the last year or so. while turkey is taking in thousands of refugees, a week into this fight against isis the long-time u.s. ally and nato member is still on the sidelines. turkey has yet to participate in airstrikes against isis in either iraq or syria despite the fact that its borders are being overrun by refugees seeking safety. this may actually be about to

change. turkey's parliament debating joining the military campaign in iraq and syria as we speak. turkish troops in tanks have begun to take up positions along the border with syria, particularly overlooking kobani yesterday as fighting between the kurds and isis has intensified. u.s. officials and european officials are desperate, eric, to see turkey join this fight particularly because there is a lot of concern that turkey still maintains ties with extremists groups under eyes of sort of doing business with the syrian rebels who have opposed pro-assad, or i'm sorry, who opposed assad in the fight in syria but there is a lot of concern that turkey simply isn't doing enough. that hopefully will change in the coming days. but eric, there is lot of concern that turkey will stay on the sideline and not get into this fight, eric. >> they are a nato member. conor powell. thanks so much. shannon: to politics now, democrats pulling out all the stops to turn out voters in

november midterms. many analysts say the dems stand a good chance of losing majority in the senate. so the party is pouring big bucks into the ground game in states to close to call, places like alaska, iowa, louisiana, and north carolina but the question is it going to help? ellison basher a -- barber with the "washington free beacon." thanks for being with us today. alaska is on the list. the reports are looking at all the spending reported in that race where we have incumbent democrat facing a promising for the gop challenger, 10 times the amount has been spent to back the democratic candidate. still very close in the polling there. but come election day is that money going to bear fruit? >> it could potentially. you're right very close. two polls had dan sullivan up in both of them. looks like the republicans are doing well in alaska. where the ground game is particularly effective are in races very close. race as just a few points apart. some ways places like alaska particularly, in places like north carolina where kay hagan

for past month, eight polls, she is leading in all of those, which is a big switch where it was a few months ago, where everyone said she was most vulnerable democrat in the cycle. when i talk to republicans they say, democrats have a good ground game. they have been doing this since 2004 after book put out by two yale political scientists called get-out-the-vote. they have a strong, strong ground game. it can be effective moving race three or four points f you're in a close race like north carolina or alaska and colorado, is all that matters. democrats are bit of a disadvantage in turnout in midterms. makes sense they're putting a lot of money into it to switch that. when it comes down to close race it is is something that could be effective. shannon: so i like you probably get all kinds much emails from all kinds of groups all over the political spectrum, we need $5 and. i'm getting a lot from groups on left supporting democrats, not only vote but promise you find 10 friends to get them to vote.

not necessarily asking for money what the folks on the right and gop. not that democrats are not spending a ton of money, they're talking about getting people to vote and get out. grass root networking, we'll pick you up and get you to the polls. in a tight race that could make all the difference. >> you look, there are 36 races up right now in this cycle in the senate. 21 are seats democrats are defending. six are seats that mitt romney won pretty easily in 2012. they already know they're at disadvantage they're defending more seats and defending a lost seats they didn't win before. you typically have in midterms, older white voters that turn out, demographics that favor republicans, not young people that usually vote democratic. they know they need to turn people out. look at voter enthusiasm, numerous polls show, "cbs poll" showed republicans have 7-point lead in enthusiasm. they're trying to counter a lot. it makes sense to see them pour a lot of efforts into turnout. that they have been successful in the past. that is what a lot of elections

coming down to. so many are close you never know, if you pour enough in it can be something that switches it. it makes sense they're doing that, es spendingsly right now. shannon: one columnist said the democrats have huge money advantage, outspending in close states versus gop has enthusiasm on its side, for these midterms. they are going to have a better, voter base that will be more enthusiastic but not necessarily these people are so excited what the gop is offering them but they're really mad at administration. >> right. sometimes that is all you into need to get people out, when you have a lot of people, look at affordable care act a lot of people don't mind it or like it but when you have people dislike it, and people who dislike it, disliking it a lot more than people who actually like it, those are people that are angry to make sure they show up and voices are heard. you don't want people kind apathetic about it. whether you inspire voters or really angry or excited is a good thing. republicans absolutely have the advantage toward that even if democrats outraising them a bit

here or there, on the whole they are in a much better position for november. shannon: all the polls that you take in the world, until it comes to election day, won't really find out which side has paid off with the strategy. ellison, good to see you. thanks for coming in. >> shannon, breaking news in the case of the missing university of virginia student. police are linking the suspect in the disappearance of hannah graham to the killing of another college coed several years ago. leland vittert live in our washington bureau with very latest. hi, leland. >> reporter: hi, eric. for so long the morgan harrington case has been cold. another woman disappeared near uva five years ago. investigators had little more to go on than some forensic evidence that led nowhere, a sketch of person of interest seen with her that night. here is the sketch next to a picture of jesse matthew, the suspect in the hannah graham case. all last week in charlottesville people were commenting about the similarities. now police say there is a forensic link between matthew and evidence in the harrington

case. that almost always means dna. the link comes because of the investigation into hannah graham's disappearance. the 18-year-old uva student vanished two weeks ago from the downtown mall in charlottesville. police identified matthew early in the investigation but he gave them the slip, heading to texas while investigators waited for the forensics to come back. here is morgan harrington's mom. >> they have got plenty of time to sort it out and make sure that this is indeed the person who killed morgan harrington and who is responsible for the disappearance of hannah graham. which is really paramount. >> reporter: now keep in mind the harrington case had already been linked to another sexual assault in virginia where the victim escaped but police didn't have a name to match the forensics. the virginia state police say there is still a great deal of work to go into the harrington case but this revelation takes the hannah graham disappearance from isolated case to a man we

now know linked to four sexual assault cases. he is due in court for a bond hearing on thursday. leland, we'll continue to cover this case. thanks so much. what could this new break mean for investigators and hannah's family? coming up we'll talk about that with former washington, d.c. homicide detective rod wheeler. that will come up later on in this hour. shannon? shannon: her life now hangs in the balance. now a jury is being selected to decide if jody arias should be sentenced to death or life in prison for murdering her lover. what the potential jurors are telling the judge. syrians fighting isis are criticizing airstrikes on the group. we'll go in depth on that topic. we want to hear from you. do you believe the white house should have acted earlier on the reports of dangers of isis? our live chat is up and running. go to foxnews.com/happeningnow. when you get there, click on "america's asking" and please, join our conversation.

shannon: right now some updates to stories we've been following. the man accused of killing a teenager over loud music taking the stand today. michael dunn is being retried in florida after a jury deadlocked in his first murder trial. he could face life in prison if convicted. the jury is expected to start deliberating tomorrow. a murdered 18-year-old north dakota state university student laid to rest. his family and friends remember his humor and love for sports. thomas berson's victim's was found six blocks from his dorm. authorities are looking for his killer. students are being cautioned to walk with others at night. selecting jurors for retrial of sentencing of jody arias, 20 jurors aid mitted day one that they could not be impartial. she was convicted of the murder of her lover travis alexander but the jury could not decide on

life in prison. eric: rebels who say they are bitterly opposed to terror group and have been fighting against them, well they're now worried that the coalition attacks could help their other enemy, the defiant government of bashar al-assad. president obama admitted as much when he gave that "60 minutes" interview. it comes as human rights activists are saying they're concerned about increasing civilian casualties as the airstrikes heat up. will the airstrikes tip the war to assad or can they destroy isis as the president vows? joining us, major general bob scales, fox news analyst is with us. general scales, good to see you. >> hi, eric. eric: so far there have been 66 airstrikes in syria. sound like a lot. only one or two-a-day. these are pinpricks. what do you think they can achieve? >> right now they can't achieve anything. you know, this is not an air campaign. this is just a very, very slowly-evolving attempt to, to,

diminish the fighting strength of isis. but as you just said in your lead-in, often times having opposite effect. first of all, the syrian resistance is angry because we're bombing non-isis targets, like al nusra and al qaeda. and, isis is doing a beautiful job of suggesting that the targets that the syrian air force are hitting, which are totally indiscriminate are coming from the americans. no, that is not helpful. but the third thing to your point, over time, a bombing campaign, that is slow and progressive and not decisive, begins to affect civilians. the you know, you're going to have collateral damage whether, no matter how hard we try to avoid it. unfortunately if isis is not seen as diminished by the air campaign, civilians on the ground will begin to speculate, hang on a second. we're being affected and isis is not. why are they doing this, eric? >> we start seeing videos of

tragic and civilian casualties if that is the case what does thato for isis propaganda campaign? >> it is perfect for them because remember what isis does so well they put the camera in the faces of dead women and children and if you're, if you're plugged into the global network and you see these horrific scenes and isis says that they're coming from the americans, well you have no reason not to believe them. we don't have a counter campaign because we have no one on the ground who is able to give them a different narrative. so the great fear, as you know, from your study of history, eric, you know, often times air campaigns have the opposite of intended effect. they actually increase civilian morale. they actually give the enemy a sense that they're resisting the infidel because they're sustaining themselves in the face of an aerial onslaught. so over time if we don't do something decisive, it is entirely possible the effects of

this campaign may actually go in the other direction, eric. eric: when you say, general, over time if we don't do something decisive, what could that be, how do we change this? what do we do? >> over time you have to put troops on the ground. over time, look, the only way, as the president himself has said, the only way you're going to defeat isis is to kill it. he means that literally. you can't kill an enemy who is dispersed and gone underground and hides among the people with air power alone. eventually some ground force is going to have to be injected into isis territory, in the heartland of isis which is northeastern syria. they well are to take them on in either conventional or unconventional warfare. until that happens, the president's objective the defeat of isis simply won't happen. eric: general, that will be the iraqi army and free syrian army and the rebels. >> beats the heck out of me. the president himself said the free syrian rebels are year

away, re, year-and-a-half away from taking offensive. we've seen nothing on the part of the iraqi army shows they're ready for prime time. remember a couple of weeks ago they lost 800 men in isis attack on camp north of fallujah. there is no evidence they're taking offensive. the kurds are only interested in defending themselves. they will not take the fight to isis. they are having enough trouble with that. i don't have an answer for you, eric but it will not happen anytime soon. eric: looks like we're in a long war as they predict. >> right. eric: major general bob scales, thanks so much as always. >> thanks, eric. shannon: new deadline issued by protesters in hong kong where china is dealing with scenes that call to mind the tianamen square crackdown 25 years ago. what the demonstrators want and why neither side is backing down. how all the chaos could affect america's influence in the region. real estate agent that

vanished after showing the home. the man connected with the disappearance is speaking out and you are not going to belief what he has to say. >> i haven't seen her for two days. now they're showing pictures. while every business is unique,

everyone is looking for ways to cut expenses. 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. shannon: police in arkansas say the body of a missing realtor has been found in a shallow grave at concrete company days after beverly carter disappeared after showing a home in the scots area. police arresting aaron lewis on suspicion of capital murder, robbery and kidnapping but they're not saying publicly what led them to identify the ex-convict as a suspect. lewis actually briefly talked with reporters last night. >> aaron, did you kill beverly carter if. >> no. >> you diddid not? >> no. >> what do you have to say. >> i haven't seen her for two days.

now they're showing pictures -- [inaudible]. >> how can you explain what happened? >> hasn't been determined. air force, military base. >> what is your relation to trevor? >> they want, got texts back and forth with me and him. they -- >> why beverly? why beverly? >> she was a rich broker. shannon: i don't know who is advising him, but my client i would say shut up. carter's husband reported her missing thursday night when she failed to contact him after showing a home. her purse and car were found outside of the home. eric: now to what is being called china's biggest political challenge is the tee enman square uprising in 1989. pro-democracy protests are heating up in hong kong the past five days. demonstrators have a deadline for tomorrow for the government to respond to its demands. they include calls for hong kong's chief executive to step down but is making it clear

that china's communist leaders won't back down from their decision to limit voting rights there, adding that a probation panel will screen candidates for his successor. we have michael oslin director of japan studies from the american enterprise institute and columnist on asia for "the wall street journal." michael, was it in hindsight a mistake to hand over hong kong to the red chinese in 1997 when the lease ran out. >> hi eric? there was nothing really britain could do about it. the leader of china at the time made it clear he could walk in at any moment. what the british tried to do is preserve freedoms for hong kong with this agreement and became basic law and that is what china repudiating. china never intended to live up to the promises. eric: as you say they never intended to live up to the promises and playing out on streets with demonstrations. seems they have two choices, give concessions or crack down. what do you predict? >> that's right. they're certainly not going to give concessions because their

fear this would spread to other regions where they have muslim separate rate of it is or tibet or taiwan of course which may decide to hold an independence referendum. their real fear it would spread to the main land. so they're not going to give concessions. what they hope, first of all, that the protests will peter out on their own after a couple weeks and they will be willing to wait. short of that, they want the hong kong police to take care of it and to control them. only as a very last resort would they send out chinese troops in the city. eric: you talk about chinese troops, this more critical and more vital at this moment or dangerous than tianamen square? >> in some ways, eric, it really is because the point they wanted to show hong kong which was a free-wheeling capitalist system could be brought successfully into china and therefore you could have this authoritarian political control and a capitalist system and if that fails, then the entire premise of communist party control over china begins to fall apart.

so in some ways this is very dangerous for the regime and also dangerous for the new leader, she jinping who doesn't want to be a lame duck when he has four more years to go. eric: china flexing muscles, building up military in the south china sea challenging japan over those islands. what does it mean for us? here is what "investor's business daily" says today. china's hong kong crackdown should be a warning to the u.s. it was a convenient lie as it said so much of china's communist regime in beijing, only to soothe fears of people in hong kong and the west as china moves to impose its will on east asia and push the u.s. out. it is showing it will brutally crush any dissent within its own borders and bully others. to america, hong kong demonstration should not be seen as another domestic dispute in china. it should be seen as a warning of a conflict to come. mike dal, what could that conflict be and what should we be worried about. >> i wish i had written that because it is exactly right. we're turning our cheek too many

times to the increasing assertive, progress of chinese power through the region and it is aggressive actions against neighbors as well as some of its own people. the conflict that is going to come, when beijing sizes up the obama administration or the, you know, even japan and other countries and says, you know in and stop us. we can do what we want. they're paper tigers and they have a lot of hot air. they will press on these islands. they will press on having control through the maritime spaces that most of the world's trade goes through. meanwhile, back at home, they will suppress and repress all of these people who are yearning for liberalization. eric, what we face is a much more repressive china over the coming decade. that has to worry not just people in china, but everyone throughout the region and the world. eric: the kid who are on the streets protesting for democracy are getting tear gassed. michael, thank you so much for the insight today. >> thank you. eric: shannon? shannon: irs is failing to accuse of tracking down people

who have not paid their tax, you won't believe how much money is being lost and what it means for everyone who is paying their taxes. new evidence linking the suspect in the disappearance of hannah graham to another virginia student who is missing an later turned up dead. police are now re-evaluating this case. stick around. when folks think about what they get from alaska, they think salmon and energy. 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. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america.

shannon: right now a quick look what is still to come this hour of "happening now." the man accused in the disappearance of a missing university of virginia

student now linked to another coed's disappearance and killing. could there be even more victims. members of the intelligence community firing back at the obama administration after the president accused them of dropping the ball on isis. we'll take a look at the growing fallout. walmart now speaking out about that horrific crash that left comedian tracy morgan in critical condition. why walmart is saying morgan is at least partly to blame for his injuries. eric? actually, i will read you the next story. u.s. ambassador to afghanistan signing a security agreement to allow u.s. forces to stay in the country past the end the year. that signing ceremony held in the afghan city of kabul. the new president of afghanistan just sworn into office yesterday says this agreement is his country's, in its national interests. eric: shannon, fox news business alert for you. first it was conservative group targeting scandal. now there is new trouble for the irs this morning. the agency admits it failed to

collect billions of dollars in back taxes from small businesses because the agency says, it could not find those taxpayers. auditor of the irs blames the agency for not doing required legwork to actually look for those small businesses. what is this all about? liz liz is life at the fox business network -- liz macdonald. can't find the taxpayers, small businesses, billions of dollars, liz? small businesses are so important. what do they do now? >> that's right. they're the engine of job growth and creation in this country. and here's the deal, eric, if you run a small business, watch out. you can expect an irs crackdown. that is the message coming out of a new report from the treasury inspector general for tax administration which audits the irs. now the ig says the irs is missing out on potentially collecting billions of dollars in delinquent back taxes from mom-and-pop shops because it closes out cases too early without doing the necessary probes. specifically the ig says in more

than half the tax cases studied, the irs did not investigate things like a small business's u.s. postal records or its department of motor vehicle documents or court records and ig also found nearly one out of 10 times the irs did not even file the required liens against small business. the irs is now under scrutiny for stopping investigations of about half a million small businesses without doing those required probes. so, if you run a mom-and-pop company, here's what you can expect. more irs notices and why? well, the irs is under the gun to collect estimated $385 billion in taxes and fines it says it is owed but that are not paid by all sorts of taxpayers including many small businesses. already the irs has fired off letters to about 20,000 small mom-and-pop companies across the country for allegedly underpaying their taxes. so this story will continue to develop and we'll bring you the very latest as it comes in. back to you. eric: they are getting hit with

a tax bill. >> that's right. eric: elizabeth, thanks so much. shannon? shannon: dramatic new details in the case after missing university of virginia student. police say the same man suspected in the disappearance of hannah graham may have been involved in the 2009 killing after second young woman, virginia tech student morgan harrington. they say forensic evidence links the suspect, jesse matthew, to both cases and possibly a third. rod wheeler, former d.c. homicide detective and fox news contributor joins us live. rod, great to have you with us today. what do you make of this? what kind of evidence do you think we may be talking about? >> this case is moving along very rapid at this point, shannon. let me explain to you why. we had some new developments, actually this morning. the police are starting to look at another case, a case were the woman was named casandra morton. she actually went missing back in 2009, right around the same time morgan harrington went missing. morgan harrington, her remains were found in october of 2009. in 2010, the remains of

cassandra morton was found as well, not far from the area we know now jesse matthew, who is the person of interest, suspect in the case of hannah, he lived in that area back during that time. so the police are starting to actually connect the dots on a lot of these cases. now one question, shannon, that a lot of people have right now, what is the forensic link amongst all of these cases? what i can tell you from what my sources tell me, just this morning, very close to the investigation, is that when the police went back to mr. matthew's home the second time, remember they did two search warrants at his home. when they went back the second time they went back there specifically to look for articles of clothing and various types of shoes that could have been worn. which tells me as an investigator they have specific information, forensic information to link articles of clothing and perhaps even shoe prints from all of these cases. so it is going to be a very interesting development today as we hear more and more about what is going on. shannon: all right. so, there have been allegations

of bad behavior by jesse matthew, more than a decade back at my alma mater, undergrad, liberty university. he played football there. there were allegations by a woman there he had raped her, forced himself on her much the police didn't prosecute. there were questions about that. the school did expel him but that not something that would turn up, i'm guessing in a background check. if he was never criminally charged with anything, despite those horrendous allegations, seems like he would be able to go on with his life. how does that work? >> it would pull up in a background check. depends on the type of background check you would have conducted. not a typical employment background check, we as investigators we can find out all that information. let me take you back to 2000 two even, shannon, when mr. matthew lived in lynchburg, virginia. there was another case he was actually looked at as far as a rape was concerned but the woman back then decided not to prosecute. fast forward to 2005. we had assault in fairfax

county. mr. matthew lived not far from that area at that time. now we have the two cases in 2009. and here's the common denominator shannon, with all of these cases. if you look at each one of these cases on the map, what you will notice everywhere one of these people became a victim, mr. matthew's lived or either worked nearby each and everyone of them. >> very interesting. as this plays out the evidence comes together we'll see if there is a link to all these many cases. >> that's right. shannon: rod, always good to talk to you. thank you. >> good to see you, shannon. eric: shannon, the controversy over president obama and his "60 minutes" interview about the intelligence community, now they are hitting back at the white house. on who dropped the ball, about the real threat from isis. was it the president or the brainiacs over at the cia? we'll take a look at who warned about what when. [gunfire]

shannon: check out what is ahead on "outnumbered" at the top of the hour. what do you have coming up. >> shannon, great to see you. the director of the secret service is on the hot seat today. lawmakers grilling her about an armed intruder was able to jump the white house fence and make it much farther inside than was originally reported. >> plus a best-selling book now a movie, banned from middle schools in one district. after a parent complained it is inappropriate for kids at that age but are they being too overprotect testify? >> chelsea clinton heads home with her brand new baby but how the mainstream media described her that is getting a lot of attention. >> all that plus our #oneluckyguy. we're pretty lucky for having

him on "outnumbered" at top of the hour. hey, shannon good to see you by the way. shannon: you too, ladies. see you in 15 minutes. >> sounds good. shannon: eric. eric: intelligence community and many others blasting back this morning after taking issue what president obama said they underestimated threat of isis. they say the administration had plenty of warning. for example, november 1st, last year, iraq's then prime minister asked the white house for help against isis with getting airstrikes. they didn't get it. november this, last year, deputy assistant secretary of state bret mcgirk testifies before a house committee on the growth of isis. february 1 isth, this year, pentagon lt. general michael flynn talks about isis growth near the iraq-syria border. may 28th, senator john mccain about resurgence of al qaeda along that border. what happened? judy miller, pulitzer price winning reporter and fox news contributor. judy, why was the president so

caught off-guard? >> he says, eric, the he was caught off-guard. the president is intelligent man. he reads newspapers and yes still on his blackberry. he was not caught off-guard. you he had ample warning. you cited some of them. let me cite a couple more. in addition to all the private warnings from people in baghdad and his own military, he had outside experts like tom joseclyn, who knows more about islamic groups than i will ever know. he has repeatedly testified on the hill not only about isis and the danger it posed but also about this mysterious khorasan group which the administration just suddenly discovered. there was no surprise. the president was in denial. this was not an intelligence failure. it was a policy choice. and as the president now in his implicitly saying in what he is telling the american people, it was clearly the wrong one. it was wrong to leave iraq, which is something that he till

hasn't said in 2011. it was wrong to leave them without intelligence support. it was wrong to leave in the way that we did, hoping that mr. maliki will prove to be a better kind of autocrat than he turned out to be. this in the president's defense, he didn't have a lot of good choices. once maliki was deeply entrenched in iraq, once he wasn't going to share power, once we weren't there, there was very little we can do except go back in and which the president was resisting. eric: through this imperative he ignored all of this. look at somnings he had, for example. deputy assistant secretary bret mcgirk, november 13th, the suicide bombers are we believe are foreign fighters, there it is, will join aqil and join iraq for operations. what did the president do two months later? call them jv after we hear about this. november 11th, 2014, lt. general michael flynn.

isis will probably take airer to in iraq and syria and exhibit strength in 2014 as demonstrating recently in ramadi and fallujah and the group's ability to maintain multiple safe havens in syria. judy, the guy nails it. exactly what happens. what are they doing in the white house, putting their head into the sand? >> they are. the president is to be congratulated now understanding that he had to do more finally, finally. eric: too late. >> it will be harder now. and it will be more expensive. i think ultimately it will require those quote boots on the ground. i know it has become such a cliche. the fact of the matter is what needs to be provided can only be provided by american advisors or whatever else we want to call them but basically special operations forces or combat forces. eric: bottom line, quickly, if they had done something, if the president had done something earlier, would we be in this mess? >> very hard to say. i think had we acted earlier, it is hard for me to believe that isis would have been able to

overrun large parts of the country and control an area now the size of great britain. i think if we acted sooner, that wouldn't have happened. eric: islamic state. judy myrl. thank you as always. >> thank you. eric: shannon? shannon: eric, at least 36 people killed after a deadly volcanic eruption in japan. so could there be another one on the way? we'll bring you the very latest. blaming the victim? bold response from walmart to the lawsuit over tracy morgan over the crash that left the comedian in critical condition. hi, i'm henry winkler and i'm here to tell homeowners that are sixty-two and older 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! ♪

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: walmart is now respond together lawsuit filed by comedian tracy morgan following the deadly crash on the new jersey turnpike. that crash left morgan in

critical condition and claimed the life of one of his friend. walmart now says that it was morgan who is to blame for his severe injuries. julie banderas joins us with live with the "fox 411" on this what are they saying. >> first walmart said it would take full responsibility for the crash, right? now in a court filing the company is calling out the passengers, saying their injuries were caused in whole or in part by their quote, failure to properly wear an appropriate available seatbelt restraint device. butrd coulding to the ap it adds it will continue to stand willing to work with mr. morgan and the other plaintiffs to resolve this matter. now according to the ap, tracy morgan's attorney, who is also representing three other plaintiffs, called walmart's retraction and surprising an appalling. it is not what they said they were going to do initially which was take full responsibility. very upset, not for myself but for the families i represent. morgan is suing the retail giant after suffering rib and leg

injuries and blames the company for not knowing one of its drivers, kept vin roper, was operating the truck with no sleep before the crash. he fell asleep at the wheel allegedly for not sleeping prior 24 hours. he pleaded not guilty to death and assault by auto charges. amanda bynes behind the wheel getting arrested for dui on sunday. sources are telling "tmz." she was not under the influence of booze but drug adderall and arrested after failing multiple feel sobriety tests. the actress was on probation for earlier reckless driving charge. sources at m "tmz" said she is smoking a lot of pot. amanda's parents ended their conservatorship this monday month and believed she was getting better. sadly they were wrong. eric: julie, thanks so much. >> worries about new tremors at the scene of that deadly volcanic eruption in japan.

mount tonake erupted underneath of 36 people. most of the victim'ses are still on the mountaintop. rescuers had to call off plans to rescue them as rumbling in the area increased. conditions are very rough with the area near the crater covered in two feet of ash and smoke and toxic gases are still seeping from the ground. eric: we have brand new stories we're working on for the next hour of "happening now." drug cartel violence is spiraling out of control in mexico. so far six more are dead, dozens injured and some 50 people are missing. what police are doing there? we're live with the story on that. plus there are new developments in the horrible beheading case in oklahoma. charges just filed today. what the prosecutor is now saying about the shocking case. hey, i notice your car's not in the driveway.

yeah. it's in the shop. it's going to cost me an arm and a leg. that's hilarious. i'm sorry. you shoulda taken it to midas. get some of that midas touch. they'll tell you what stuff needs fixing, and what stuff can wait. all right. next time i'm going to midas. high-five! arg! did not see that coming. [ male announcer ] get the midas touch maintenance package including an oil change for only $24.99. and here's a deal, use your midas credit card and get a rebate of $25. oil. tires. brakes. everything. trust the midas touch. >> see you back here in one hour. >> "outnumbered" starts right

now. >> well, the head of the secret service on the hot seat on capitol hill as we learned that the armed intruder who jumped the white house fence made his way much deeper into the white house than the public was previously told, laying bare security challenges for the place that's supposed to be the most secure in the world. >> is there a crash button and had it been pushed, would it have locked the front door, what's marked as the entrance hall? >> the front door at the time did not have an automatic locking mechanism. it required an individual to hand lock the door. >> okay. so we have an automated system that can lock down the white house. $800 million a year, millions of dollars more during your tenure each year than the