you can't skate across it. >> if we have a take away, it's p you're on skates, look out for the carpet. >> have a great day. see you back here tomorrow, cantlie. bill: good morning. a fox news alert. brace for a long battle with isis. that's the warning from president obama's former defense secretary leon panetta. he's saying the president's leadership and policies have set us up for a very long military engagement. listen. >> i think we are look at kind of a 30-year kind of war history here in which it's going to take a long time to be able to go after these elements. bill: we are looking at three decades of military involvement. first, though, a major shift in

tactics in the fight against isis. the military sending apache attack helicopters into combat for the first time since the airstrikes started two months ago. i'm bill hemmer and well come america's newsroom. good morning, marcia. martha: i'm martha maccallum. this new series raising questions about whether air strikes alone are still doing the job. now you have got a key syrian city about to fall into the hands of isis. is very fighters closing in on kobani and it's looking like they will soon claim victory. gregg palkot is on that border with syria and isis. >> reporter: there are reports the black isis flag is flying on

a building in the city. the fighing is continuing today. we have been pushed back from the syrian town of kobani over there. you can see the plume of explosion from the impact. you can hear it right now between the isis terrorists and the brave kurdish defenders. as we watch all this action over there we are also watching some tanks of the turkish military lining up over on that side on that hillside with their trained on the town, ready to move in if they decide to. we estimate 2,000 to 3,000 kurdish fighters and family and supporters and also with weapons and ammunition running low, they are in a desperate way.

over the week thrnld was a female kurdish suicide bomb attack against isis. we can only confirm one round despite the fact over several days we have been reporting we have seen sighs * tanks and the muzzle fire of isis guns. the turkish tanks are in defensive mode. whether they will be offensive we don't turn ski seems to be reluctant to get into this fight. bill: three p right now at the turkish-syrian border in the town of kobani. air strikes have gone on offensive in that town. over across the border where the united states has give and lot of support to the turd i shall rebels fighting and trying to control northeastern section of iraq. not you attention will go toward

the capital city of baghdad and the sunni triangle of tikrit and ma will you gentleman. there is a question about how we can bring the sunnis back. check out some of thing quotes. the the airstrikes are ineffective. isis is changing their strategy. they are moving around in different ways. martha: lean panetta says the president should have never resumed out boots on the ground. the parents of peter kassig released a heartbreaking lerl written by his son earlier this

year. he said he was zierd die but if so he wanted his parents to know he died while helping those who were suffering. >> the driving force in our family has always been to serve others. our son comes from two long lines much teachers and humanitarian workers. our family deplores all suffering and loves innocents life no matter who is responsible. our son was living his life according to that same humanitarian call when he was taken hostage. martha: he was taken hostage while he was delivering aid to refugees in that country's syrian war. bill: is this a 30-year war? send us a tweet @marthamaccallum. in the meantime updates for over the weekend.

president obama getting briefed on ebola at home. a meeting with the cdc comes as a liberian child is in isolation at a hospital in delaware. ' and a' photographer is in a hospital in delaware receiving treatment for ebola. >> we are watching live ping tours right now coming to us out of nebraska. let's go to some of the video we just got in. this is brand-new information, brand-new pictures. of course the folks have been through the drill there before at the nebraska medical center in omaha. they successfully treated an american doctor rick a contract whdock -- doctor ricksacra.

he was loaded up in an ambulance and driven to a medical center will he will be isolated and start getting treatment. the journalist had been working in liberia. bill: what about the patient in dallas? is this situation worse than it was a day or so ago? >> reporter: according to people from the cdc he's fighting for his life at this hour. thomas duncan had been listed in serious condition when he was first admitted to the hospital. texas health presbyterian hospital. saturday night he was downgrade from serious to critical condition. health officials continue to monitor at least 50 people of single day, taking their temperature at least twice a

day, watching for fever. themes are individuals who are said to have had some sort of contact with duncan when he first got to texas. there are no signs of ebola, no known cases of this spreading in the united states since he has been here. bill: thank you, casey. martha: a frightening health story. a 4-year-old boy from knowledge dies from viru vie -- from enterovirus. health officials say 4-year-old eli walker was tucked into bed with only pique eye. then the next morning he was gone. >> you put your child to bed, you put the coughs on them. you kiss him good night just like you do your two other two

daughters and you wake up and unfortunately your son has passed away. i don't know who you reconcile that as a parent. martha: the enterovirus d68 has no cure. officials say frequent hand washing can help prevent the spread. bill: the former defense secretary, former head of the cia lee o leon panetta weighs in isis. he says airstrikes are not doing enough to fight the terror group. then there is this. martha: a car collides off a group of people. more on that incredible crash. bill: the search for hannah graham continues today as

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martha: we are awaiting word on two missing airmen in central japan. the typhoon washed three american airmen out to sea.

the storm packing winds of 90 miles an hour. several people of japan also injured in the typhoon which triggered mudslides and canceled hundreds of flights. >> i understand where the president is coming from. he's not look for another invasion of another country where you have 150,000 of our troops at war as we did in iraq. but we may need special forces to be able to work with the people on the ground and also help in providing that targeting that's important to the effectiveness of an air campaign. reporter: that's leon panetta saying boots on the ground should not be resumed out against isis. it's brand-new this morning. he often talked about a 30-year war and said it was a bad

decision for the president to take the option of boots on the ground off the table. what do you think -- he's got a book out now. what do you think about the candor he's tbroig this national debate? >> it's a very sensible approach. i think he tried to tell some of those truths inside the administration. i think stepping back from it realized we are in a generational conflict. he's not just talking about isis. he's talking about yemen and syria and he talks a lot about the failure to leave a residual force behind in iraq. if we had followed through there is no reason why we would have necessarily had to lead into a longer generational fight. his point about special operators on the ground is very well taken. it's aboutize and ears and the ability to direct targeted

airstrikes. we see apache helicopters coming in, those are close air support aircraft troops use on the ground. bill: you would need troops on ought ground fourth apache helicopters to be effective, right? >> or iraqi occurred i shall forces capable of doing that. we need embedded advisers able to coordinate those strikes. but for apache to be part of the equation you will need folks trained to use those assets. bill: panetta said you are six years into the obama presidency. he sai during the first four years he spent time there he says the president was strong and national security issues,

supported our operations at the cia, strengthened them. he was tough on terrorism and made the tuft decision on usama bin laden but the last two years i think he kind of lost his way. how do you interpret that. >> i think he's fudging on that time line. i look at 2011 as the seminal year where we decided not to sign a status of forces agreement. in libya we saw dictators tomorrowed or nearly tomorrowed that unleashed what we are seeing now. leon panetta was there and these were policies of him and secretary clinton. if they disagreed, they should have been more adamant because they were part of the policies. it isn't true that the first term was great. bill: the second point he makes,

we should have started arming the rebels two years ago. then he says we don't know if a moderate element exists among the rebels. how do you identify that group? >> that's why there was a lot of hesitation and even more now. we are more likely to be able to identify them early on when there -- he will the al-nusra front was on their heels. right now it's an incredible situation more than finding this free syrian army. bill: do you think he's trying to remake history, sell books or do both? >> i think he's trying to do a little bit of both. he was a loyal member of the obama administration and very close to the clintons. this a concerted attempt to

delineate what a president clinton would have done. bill: thank you for your time. martha: the head of the fbi saying there are about a dozen americans who are overseas right now fighting alongside isis. why he says we can't necessarily stop them from coming back. bill: a hot air balloon make an emergency landing. the wedding proposal that went not according to plan. there is that, and there is this. >> they were just having some fun. getting close to the water.

bill: hewlett packard splitting

into two separate companies. one will focus on computer services and the other on technology and software. more people have come to the mobile device for their basic computer needs. martha: the 18 world uva student disappears three weeks ago but the suspect arrested is not cooperating with police. her parents gave and tearful plea to help find their daughter. >> someone rinsing to me today either knows where hannah is or knows someone with that information. we appeal to you to come forward and tell us where hannah can be found. john has said this is of

parent's worst nightmare and it's true. but it's also a nightmare for our son james. for hannah's grandparents and other members of our family as well as all of hannah's friends in charlottesville and beyond. please, please, please help end this nightmare for all of us, please help us bring her home. thank you. martha: joining me on the phone with more is rob wheeler. he spent time in the area while this investigation is going on. rod, you can't help but feel obviously for these parents. they want some resolution, they want some answers. are they going to get any from this suspect? >> the hope is mr. matthews, jesse matthew who is the us next

this case with share what he knows about this. ' appeals like this actually help a lot. i think it's important that the viewers understand that. the reason those family and friend appeals help so much is it touches the passions and sensitivity of people that's watching. so the police are hoping by releasing this appeal by the mom hopefully somebody watching the show or watching that appeal will find it within themselves to say maybe i'll call the police and let them know what i know. it doesn't have to be someone involved in the case. but someone jesse matthew knows. all the mom is saying is just call the police. martha: you have to believe they are hoping she is alive and being held somewhere. if the worst case scenario is true they also want resolution

and they want to know where hannah is. is there any reason to believe that there might be anyone responsible for this other than the suspect or he may have had she come polices? >> you never know. you never know in cases like this. the thing is this. hannah was 18 years old. she was well built in terms of being athletic. you wonder whether matthew could have controlled her completely by himself or whether he had an accomplice with him. immediately after hannah went missing there were two other people at jesse ma shoe through's home when they were -- at jesse matthew's home when they served the search warrant. the police will have to put an offer on the table to get pennsylvani -- to getmr. matthe.

virginia has the death penalty. that's the only way mr. matthew will talk. martha: do they consult with the family when they make those deals? >> yes, they do. i had cases like this where we would have to go through the family first and talk to them and see if the family is okay with it. a lot of times the family members are good with it. as long as they can find their loved one they will pretty much go with it and they are good with it. martha: rod will be thank you so much. bill: a fender bender on the runway. what happens when jets collide that one of america's busiest airports. martha: top commanders questioning president obama's

airstrikes against isis. is it just for political show? >> are you suggesting after the november election and acting tough and talking tough that he's going to pull back from confronting isis? it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates. ♪ ♪ "here i am. rock you like a hurricane." ♪ fiber one now makes cookies. find them in the cookie aisle.

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bill: two commercial planes get in a fender-bender at jfk. it involved a trial commuter plane and a delta jet. officials say the commuter jet was parked and waiting to approach the gate with it was bumped in the nose by the jordanian plane. martha: the head of the fbi trying to calm fears america's fighting against isis could result in attacks on u.s. soil. i acknowledges there is no way to keep those jihadis from

coming back but he says the bureau knows who they are and keeps a close eye on these people. >> how many americans are fighting in syria on the side of the terrorists. >> in the area of a dozen or so. >> do you know who they are? >> yes. >> eve and every one of them? >> i don't know what i don't know so i hesitate. >> with american passports how do you keep them from coming home. >> unless a passport is revoked they are entitled to come back. someone who has fought with isil wants to come back we'll track them very carefully. martha: very interesting interview with the head of the fbi. bill gavin former director of the fbi and byron york. byron, when you look at what

he's saying, do you know who these people are? he definitive live said yes we do. if they are american citizens and haven't been specifically caught doing anything we can arrest them for the minute they step foot back on soil they have the freedom top come back into this country. >> yes. you said earlier he was trying to calm fears. i'm not sure he calmed anybody's fears. he said we think there is about a dozen. we know who they are. but there may be some we don't know about and we can't do anything about them coming back to the united states and perhaps undertaking terrorist activities except we are look at them closely. i think statements like this are going to give some strength to efforts by senator ted cruz and rand paul to revoke the american citizenship of americans who have traveled to syria or iraq to fight with isis. so far those have been stopped in the senate.

but statements like this from the government only make them stronger. martha: we need to be so on top of this game when we understand the threats that face our country and the desire of these groups to hurt us at home. bill gavin one things director comey said is he believes we are by leaps and bounds in better shape than september 11. >> i sure do. we now can share intelligence between intelligence agencies and law enforcement agencies. prior to 9/11 that wasn't possible. there was a criticism of both of us, but by the same token if you shared that information, you went to jail. they changed the law, there is a terrific amount of intelligence sharing and information sharing what all law enforcement and intelligence agencies and military. martha: it's reassuring to hear that.

there have been times when things slipped through the cracks. but i do want to take a look back before 9/11. there is a stunning piece in the paper this morning about mohammad atta and the work he was doing at the airport. he and one of his cohorts, a fellow terrorist were in the airport walking around and they were videotaping the checkpoints, they were videotaping the control information at the airport as well. steven wallace, an american airlines technician saw them and he became extremely alarmed. he kind of chased them away, wanted to look at their bags and they went to another area to do their nefarious work. he said i said specifically these these two clowns are up to something, they have been taking videos and pictures at the main checkpoint. what's your reaction to this

story? >> it's heartbreaking. those are the kinds of things that happen in a democracy where there are no laws to do anything to them. if they are not breaking any rules and regulations and laws of the united states. that was horrible and it led to all the intelligence gathering they needed to perform that horrific act on 9/11. martha: this sound bite is on core zon. this one is on khorasan. i can't tell you if thir their plan is tomorrow or three weeks or months from now. they are serious people bent on destruction and we have to act as if it's coming come. martha: that this response to the question is there really an imminent threat. the question was why don't we

call them al qaeda which it turns out they effectively are. then it has a loot of people scratching their heads. >> this was an 70s to basically explain in the united states first air raid into stir yea --into syria we also hit ths khorasan facility. the administration said there was an imminent attack. with comey it was not entirely clear what he meant. it could have been imminent or it could have been against a united states ally. we came out of that interview with no clearer idea of what the attack on khorasan was really about. martha: your thoughts on james comey as a director. >> i think he will be terrific. he's a man of character and intelligence. he reached out to all the people in the bureau and he has a zeal

for working with the public. he does a great job. martha: important job. thank you so as much. good to have you here. bill: a big day for peyton manning. this touchdown makes career tv pass number 500. joining bre favre. broncos win it 41-20. tom brady was focused and angry and he played like it. riewp mores of his demise greatly exaggerated. patriots rout bye my bangles.

it wasn't even close. martha: tom brady clearly came to play. there are people who said he's done. i never said that, did i? at the press conference he kept saying. cincinnati will be the answer to every single question and he wasn't kidding. bill: baltimore, kansas city sweeping their series. the o's have not been in a championship series since 1997. other teams have suffered longer. we'll let you know how the national league do the later today. congratulations. martha: there is always next weekend. is president obama truly committed to destroying isis? that when is one of the top questions americans are asking.

senator kelly ayotte says she believes it's all about the mid-term. bill: one man's plan to walk all the way to bermuda. he hit a snag. there is an ocean out there.

martha: you can call it a wheel of misfortune for a man who decided to walk to bermuda. a 42-year-old adventurist is on something called a hydro pod. but officers say he ran out of steam three days later and rescuers were called in.

officials say he suffered from exhaustion but he was otherwise unhurt. where do you keep your food and water? three days in. bill: new questions whether president obama is truly invested in this fight against isis. some accuse the president of the playing politics with the decision to launch airstrikes in iraq and syria. senator kelly ayotte thinks he will abandon the vote after the november election. >> i'm fearful as we look at the current military strategy that it is surrounding the notch elections and he won't have the resolve to follow through with what needs to be done in sauce stained effort to destroy isis.

>> there it is, she said it. ladies, good morning to both of you. katie, there is truth in what she is saying? >> i think there is a lot of truth to what she is saying. i don't think president obama's entire strategy surround the november elections. he only made moves against isis after we saw the videos of the american journalist being beheaded. when you take a look at his rhetoric he's flying his mar far left base telling the enemy what we won't do. so he's playing to his far left base, at the same time not asking congress for authorization. >> you are arguing that he's trying to have it both ways,

right? >> the only person playing politics here is kelly ayotte. can you imagine what she would have said northeast ned "president obama wasn't playing politics? she is trying to raise her profile and she is trying to help out scott brown trying to win a senate seat in new hampshire. the republicans have gone to he's overstepping his authority by bombing isis to saying he's playing politics. >> i think my case is much more obvious given what's happened the last few days. >> let's look at the actual strategy here. kelly ayotte is simply talking about president obama's strategy which top military officials have said is destined to fail.

it's mission impossible. the military says it won't be enough. and he's actually now against the american people when it comes to polling. the american people say that if airstrikes don't work to take out isis that they approve of putting ground troops in. this isn't just about president obama and the democrats with the election coming in just under a month. this is about president obama's oap approval rating at an all-time low on foreign policy. there was a recent fox news poll that came out. only 42% approve. he's trying to save his own reputation when it comes to attacking isis. bill: in october 2012 the number of disapproval 44%. now it's 59%. that's a clear flip when you look at voters from just a month ago. marianne, go. >> the reality is president obama is doing what's necessary and right to protect our

country. period,ened of sentence. when you have cynicism like i'm hearing from katie and kelly ayotte with what are you left to say. kelly ayotte is a senator from new hampshire. james foley was a journalist from new hampshire. new hampshire and the nation deserve better than kelly ayotte and whether than this cynical politics. the president is starting with bombing. if he weren't bombing isis, i promise you kelly ayotte and katie and every other republican would be scream being it. bill: do you think without these beheading the president would have ordered the action he did? >> the reality is when we saw them the american people came to the president's side and said, do what's necessary to fight isis and he's starting with bombing. it may be the on thing

necessary, i hope so. bill: kelly, what many your thought on that. >> on the issue of kelly ayotte wanting to to move forward with the strategy she wants to destroy isis by putting forward a coherent strategy which president obama hasn't done which the military leaders say isn't going to work. if he want people to support him which the republicans have been supportive of the president on isis. he has to explain why airstrikes are all he's going to do when the military is saying airstrikes won't be enough. bill: got to breaking news. martha: the supreme court rejects gay marriage appeals from five state. we'll bring you the breaking news on this.

indiana, utah, oklahoma, virginia, wisconsin in the news today on bay main when we come back. plan

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bill: u.s. supreme court moments away. we are getting information about the court rejecting gay marriage appeals from five different states that sought to prohibit same-sex marriage paving the way for gain lesbian marriage across the country. the justices left unresolved the question of same-sex marriage nationwide. judge an group napolitano is on

deck as well as shannon bream. in the meantime over to martha. martha: in the meantime the cyber attack hitting america's largest bank even bigger than first reported. 83 million people and businesses had their personal information hacked. but 9 other financial institutions were also targeted. stuart varney host host of the business network. what have people lost? >> at this point a majority adult americans have lost the privacy of their email address, their phone number, their social security number, and also their birthday. that's basic personal information for well over 100 million americans is out there. who's doing this? russia, china, criminal gangs for what purpose? espionage, blackmail and theft. the biggest impact is not on

your bank account or investment account or money directly. jp more dan says no money has been lost. the problem is the credit card business. my production team, half them have had cards canceled. i have had my master card canceled because somebody is impersonating me. >> did they alert you this was happening and you should cancel? >> i was alerted. get the phone call, your cards are being compromised. in the meantime you don't have the use of those cards. martha: we need a new system of credit. >> reporter: the apple card and facebook is looking into mobile paying as opposed to

whipping out the plastic. martha: the use of these cards are waning. russia may be behind this. and to think of james comey's words. he talked a lot about cyber-security. he says there are two kinds of people in the world. people who know they are being hacked and those who think their information has been compromized. >> reporter: is it black male or a large takedown attack. you get feeling something is coming because the level of the hack is so widespread. martha: thank you very much, stuart. bill: that breaking news. supreme court turning away an appeal from five different states on gay marriage hoping to prohibit gay marriage in those five states. it's breaking news. we'll be live with the judge next on that.

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bill: we begin with a fox news alert. the recording of isis. men who spent years battling al qaeda has six. defense now saying the threat posed by isis will test not only the result of this country, but the leadership of our commander in chief as well be it as we welcome you to brand-new hour of "america's newsroom." bill: good morning. saying president obama was right to take the u.s. into war against isis but the fight will not be an easy one and neither will it be quick. >> if they establish a base of operation in that part of the world it is only a matter of time before they will use it as a basis to attack this country. i think we're looking at kind of a 30-year war. in which is going to take a long

time to go after these elements. bill: what does he make of president obama's strategy so far? >> he thinks president obama made a mistake, create a vacuum in the loud isis to rise. it was not working out a deal with the iraqi government to keep some troops in the country, and then pulling everybody out in 2011. >> i think he was tough on terrorism. hmade the tough decision on usaa bin laden. but these last two years he kind of lost his way. it has been a mixed message trying to clarify what the role of this country is all about. >> the defense secretary and cia director under president obama now he is warning his former boss the things he obama legacy depends on how isis is handled for the next two and a half years. bill: what sort of advice has he

offered on what to do? >> bill, he does not want him to get so nervous repeating the mistakes of the past that american security and zep exposed. he also things a president should keep everything the pentagon has to offer on the table as long as isis is a threat including possibly deploying american troops. >> i think i understand where the president is coming from, not looking for another invasion of another country, 150,000 recruits at war in iraq. but we may need central forces to be able to work not only with the people on the ground, but to also help in providing the targeting that is important to the effectiveness of an air campaign. >> he thinks if we had worked with them two years ago we would be in a better position to determine who is moderate and who is not.

he sings in the present drew a redline and said if assad used chemical weapons the u.s. monetary would respond but didn't follow through when i was cross, defected to the credibility of the united states. bill: thank you. martha has more now. martha: joining us for this, brit hume's. very strong words, and he keeps saying it over and over. >> this is of a piece as he suggested he said before. i would suggest this. he is in a sense taken a president at his word his objective is the destruction, the utter defeat of isis. at maybe some long-term goal buy don't think the president things for a minute that will happen. nor is he going to make it happen anytime soon. what i think he is trying to do is respond to the political pressures that were built air in

for all the world to see fighting the american public, alarmed american public and made it incumbent on him as a leader of a party facing a congressional election to do something to respond to that, which he has now done. he stated the goal as a defeat, but what he is doing seems much more attuned with a strategy to contain isis until long after he is gone. martha: it seems leon panetta, talking but a sitting president, there's always the battle of conscious for anybody believes the administration to decide if they want to come forward. that would lead me to think either he feels very strongly the president has lost his way to say that about a sitting president is a dramatic comment. he also said he is perhaps lost his way in terms of what the country is all about. the other side of this as

political watchers are suggesting, he is laying the ground, softening the ground perhaps for hillary clinton. >> would she be a good president? >> i think she would be a good president. >> you think she would be a great president? >> i think she would be a great president get a >> which be like her husband? >> one thing about the clintons, they want to get it done, it since just about talking again, it is about getting something done. and i think that is important. >> i wouldn't associate that necessarily as a motive for what he is saying now about this president and this strategy for dealing with isis and other matters. he is close to the clintons, i am sure he is for hillary as he suggests he is.

there may have been a swipe at obama he said it is not just about talking, it is about getting it done. when bill clinton had to get things done when he lost control the house of representatives and didn't have control of the senate, he made deals. this senate has not been good as making deals and the result is we have had a statement legislature ever since the 2010 midterms and that is likely to continue. this president is not going to buck his base to the extent that would be required to make the compromise that would attract republicans to vote for something he wants, so that is where we are on that. i think we on panetta may have been suggesting the clintons are doing it differently which based on the past bill clinton did do it differently. martha: thank you. bill: time for breaking news, the u.s. supreme court moments

ago rejecting appeals from the five states seeking to ban same-sex marriage. our supreme court reporter in new york luckily for us, and good morning to you. what does this really mean? >> what it will mean technically right now is 30 states in the district of colombia, gay marriage, same-sex marriage will be legal. we get these orders telling us they voted to hear and not to hear be at their not going to get into the fight for now. so the lower court's striking down measures to ban same-sex marriage, those are no good, in most of the jurisdictions same-sex marriage will be de facto legal. bill: indiana, oklahoma, utah, virginia, wisconsin all wanted to hit it gay marriage from proceeding in their state. >> either the headbands and sleep has state legislature with a have gone to amend the state

constitution saying we're only going to recognize marriage as one man, one woman. they made it through the federal circuit, got to the circuit and right now all the major federal courts have made their decisions in favor of striking down these laws and by contrast inning same-sex marriage will be legal in those jurisdictions. not everywhere. bill: same-sex marriage legal in 30 states and district of colombia? >> it is. bill: are they obligated to comment or is this a protocol? >> they never do. the original list they gave out this morning was missing pages for people thought they didn't take action on these particular cases, and finally got the updated list and it showed all the cases turned away. what we know is this fight isn't over because others are still considering these bands and a number of other states. for what could happen is you get

a decision that goes against what we have seen in the federal circuit and a split in the lower court and the supreme court could say now we're ready to weigh in. bill: could they come from any of these states i just mentioned or outside of that? >> there are different circuits that don't include those states, and a lot of people who saw the oral arguments thought the judges in that would be open to upholding the state law to say only one man and one woman traditional marriage. if that happens there will be a split. a different circuits saying we will uphold it. then the justices may say there's a split, we are ready to weigh in. but in these five states challenge, does that mean you can get married now as a gay couple, yes or no? >> what happened is the decisions that were striking

down the ban on same-sex marriage were all put on hold. supreme court said we're putting them on hold until we make a decision. that essentially lifted the hold and now by de facto rule both decisions are good meeting same-sex marriage will be good. bill: thank you. see you on "happening now." martha: more on that breaking is coming up. a verbal slugfest over radical islam. ben affleck and cable tv host squaring off in a heated debate. over islam. here who said what in this fiery exchange and who makes the best case. bill: martha rowlett. >> the turks were great friends, the saudis, et cetera, what were they doing?

bill: the vice president apologized not once but twice after offending those allies but did he have a point? we will take a closer look. martha: a kayaking trip goes wrong when several great white sharks zero win. who came to the rescue? we will tell you. >> i was on the other side holding on and inside of it. >> my heart is beating right now because it was such an insane ride. trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates.

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martha: here we go again, vice president joe biden apologizing for a second time after offending some of our allies who helped us in the fight against isis. they have demanded exhalation that of the vice president suggested they funneled money and weapons to terrorist groups. here he is. >> report hundreds of millions of dollars and tens of thousands of tons of weapons and to anyone who would fight against assad except the people who were being supplied were al qaeda and extremist outlets coming from other parts of the world. martha: vice president joe biden: leaders of the uae and turkey to apologize for any implication that they had supported or facilitated extremist in syria. it seemed pretty clear.

security allen us done analyst in the reagan administration joins me now. welcome. what is the rub in what joe biden says? >> open the mouth, insert the foot. what he said was right, but he shouldn't have said it because we're trying to get those countries in a coalition. what i look at is 25 years ago those countries made a deal with the devil. it was called dancing with the devil. they all made a deal with radical jihadist said go preach in some other country, leave us in power, don't threaten us. out has come back to bite him. >> it is a very difficult dance. many reports have been supplying

them in syria. this quote in turkey, he says he had not provided even the smallest amount of support because joe biden said you have been leading the people across the border, we talked about it and you were repentant. i never admitted any mistakes nor did we tell them they were right and he says if he doesn't apologize, he will be history for me, how does that go over in the state department? >> he is a pretty nasty piece of work. informed policy and many other parts of life never complained, never explain. while he never should have said what he did, he shouldn't apologize because that makes us look weak. privately we have to say you have been dancing with the devil playing both sides of this talking to us about how you are against radical islam, but at the same time didn't pay for

radical islam. you cut off all the funding and seal the borders and join us in a real fight, or guess what, we are out of here because your next are the ones they want four more than our next because american ai allies have the abiy to be independent of energy. martha: it does give us the ability to put that kind of pressure on these countries and say look, we want to fight this group as much if you do. fight more than we do because they are in your backyard at this moment, not ours. >> what we should say to these countries, we didn't have the ability to use american oil in natural gas to be independent of you, but we will pursue that, accelerate our efforts of energy independence.

we can potentially replace u.s. the world energy source so you join with us now and eradicate a threat to all of us, radical islam, if you wanted you to play both sides and hedge your bets, fine. martha: could anybody else have that conversation behind closed doors? >> you want to have that behind closed doors. they are all saying the same thing. we're helping you, they are saying they know they don't believe them, but impacting any part of the world you have public and private conversations. some you want to call out in shame publicly, others he wants to shame privately but say nice things publicly. the whole point is how do we get what we want what is best for the united states and that would be to have them stop playing both sides, stop paying for radical islam.

martha: the base we paid protection money. >> shakedown. bill: 20 minutes past the hour. guess where bill clinton is now heading. will he make a difference? we check that out, and then there is this are. martha: awful close, it turns out okay. we have told this story too many times recently. too close to the action my driver loses control. the fallout from that heart stopping crash. [ narrator ] mama sherman and the legion of super fans.

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martha: a hot air balloon of wedding proposal goes horribly wrong. emergency landing in the pacific ocean. off the coast of southern california after man popped the question.

was experiencing altitude issues. the wind shifted taking the couple out over the water. lifeguards had to rush in and rescue them. >> somebody dropped a rope out of the balloon and it all started to try pulling it into the beach so they could land on dry sand. >> he was getting towed in by the guys come a great job rescuing him. martha: note to self, romantic restaurant is just fine. we don't need these life-threatening proposals, and it is cheaper. bill: you get there early, the two-for-one special. martha: getting there early if not that romantic. martha: another patient diagnosed with ebola oversees arriving in the u.s. for treatment. he contracted the virus on assignment.

he is now being treated at the medical center in omaha, nebraska. doctor, good morning to you. how are the hospitals now doing with this and how are they doing it? >> hospitals everywhere are doing with it. we went to the emergency room where i am a practicing physician. i spoke to the medical director who says it is a multilayered system with protections in place to quickly identify patients at risk of having ebola. >> even if they get admitted to hospital with fever and cough, that triggers a precaution. consider this, don't suppress the question in the back of your head saying this doesn't fit with routine pneumonia. >> if they had recently traveled from west africa, question of

ebola should be raised. isolated, they should protect themselves from the virus. >> we treat this as when, not if. we are ready. >> if a patient is at and defeated and isolated, viral transmission is unlikely. you generally need exported to vomit, diarrhea or blood to become infected. bill: if there is a suspicion, how do we can from the patient has it? >> the cdc testing as everyone knows can take a few days but now local health departments have been designated to perform a more rapid test for to defy assad in a few hours. here in the department of health they are doing a mock ebola testing.

the primary physician and cdc. that rapid test is the same on the department of defense is now deploying in west africa. the goal is the same, isolation, containment and preventing the spread of this dreaded killer. bill: in a word, how are they doing? >> they are on point with testing for the deployment is slow. we have got to isolate the patients in west africa. bill: dr. marc siegel, thank you. martha: liberal celebrities in a war of words on air. it is coming up, an awesome if you are asking when, but that aflac and film are fighting over radical islam. our panel takes it on. bill: and what does this mean ultimately? the judge andrew napolitano is on deck.

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martha: big news as the supreme court starts the new term with a major ruling rejecting the appeals from five different states that were seeking to ban same-sex marriage. the battle we are told is not over as several other cases are still working their way through the lower court so here to explain it to us is judge and napolitano. judge, good morning to you, what does this mean to you? >> this means same-sex marriage is lawful in 30 states in the union plus the district of colombia, all marriage is valid, the state officials who authenticated marriages are compelled to go forward. it also means the state law is invalidating same-sex marriage and the state constitutional provision invalidating same-sex marriage are no longer valid for the time being. i savor the time being because the supreme court did not rule on the merits today, december said we're not going to get

involved at this point. other cases are making their way up the federal system. once they all reach the federal appellate level the supreme court will decide if there is a conflict between federal appeals courts that wants to resolve that conflict. the reason i was surprised is because even though the court doesn't like to rule, they have to. when it is inevitable the court will have to rule on something it usually rules sooner rather than later to get that inevitability over with but this time they decided to rule later. every federal appeals court that has ruled on this has sided with the same-sex marriage advocates and against state laws attempting to interfere with them. no federal appeals court has gone in favor of the state so technically it is not a split among the circus, but suggesting a case in louisiana where george martin feldman upheld the

louisiana ban on same-sex marriage might be upheld by the federal appeals court, if it is, that will make that federal appellate court, texas, mississippi and louisiana, at oe other federal appellate court, and the supreme court will weigh in. martha: shannon was talking about this before, the way the same-sex marriage was established in those states, a ballot measure, something people voted on? >> i think the federal appellate judges and federal trial judges have been interpreting two decisions by the supreme court from the past term. requiring the federal government to recognize same-sex marriages as an indication when the supreme court rules on same-sex marriage, this is the way it will go. i don't know if that is the case, but that is what i believe is motivating the judges to rule with near unanimity.

bill: islam and islamic phobia spark a heated debate when ben affleck appeared on a panel with cable tv host bill maher. watch this exchange here. >> i'm not denying some people are bigoted against muslims as people. but it is racist. it is like saying you are a shifty jew. the only religion that acts like a mafia that will [bleep] kill you if you say the wrong thing, draw the wrong picture or write the wrong book. what is your solution? we killed more muslims than they have killed us. yet somehow we are exempt because that is not really a

reflection of what we believe in. bill: managing partner, bernard with men for president clinton, and gentlemen, good morning to both of you. i saw some comments, you both take ben affleck's side on this, bill maher is to another interview this morning maybe to clarify this and he says it all depends on how you frame it. when i listen to that back-and-forth, i thought they were talking by one another. i thought he was talking about islamic extremists and i think ben affleck thought his panty with a much broader brush. start us off, how do you define what is bigotry and what is just reality? >> the first thing we have to look at is what is infotainment and what isn't. some of the things he made reference to especially saying the only religion that will kill you for doing certain things

were making cartoons were making false statements or statements they believed to be false against their religion, statements like that gave ben affleck a starting point to say you are lumping in all of these extremists with these normal majority practice. he said the very quote that came out of this was that he said this is the only religion like the mafia, they will kill you. bill: we just heard what he said. he saw them in the clip, said islam at the moment is mother lode of bad ideas. you quibble with that. >> i do. my teacher tenth anniversary is today, he always said spirituality is to love thy

neighbor as thyself. the problem is they seek to ignore and divide us and separate us instead of unite us. that is what he did yesterday with the disgusting and defamatory remarks against islam. the truth is islam like all great religions has a storied past. some of it very tolerant when a muslim empire after the inquisition, some of it very violent. bill: he is arguing about 2014. oftentimes people will go back and say but the christians and the crusaders were bad too bid we got it, but in 2014, > 2014. >> it is not true. bill: he talks about radical islam.

>> he says he only religion were the mafia will [bleep] kill you. that is racist, that is disgusting. the fact a small group of terrorist have hijacked a great religion in the name of violence, that is a fact. bill: we all agree on that. >> the issue is not religion of islam, the issue is political position of the islamic organization using islam as a crutch and a shield to hide their true terror nature. bill maher was lumping everybody together and if the argument he was trying to make was there are extremists we should focus on and treated differently than the majority of those producing islam, that was very poorly conveyed and i think tha ben afk i don't agree the way he came at it, but ben affleck had a good point.

bill: his point was if you are critical of radical islam, that does not in itself make you a bigot. >> he indicted the entire religion of islam and if you look at the partners in this fight, saudi arabia, jordan, and others, these are people we need to rely on to win this fight. i look at calls to clerics across country and across world, their speaking out against the violent extremists in the name of islam. bill: headlines are not there yet. >> it is a lack of education for the american public. bill: you need these islamic religious leaders day after day, not just every now and then, occasionally, they have t todayo say this is not what our faith stands for. >> i think you could look at the partisan faith in the united states to say there are snake handlers and those who speak in town from a form

perspective to link them altogethealltogether to say we d it. it is wrong, majority of those who practice the protestant religion in the united states do not do these things, and i think bill maher trying to lump everybody together into a universal definition that they are wrong is bad. bill: to be continued. appreciate you gentlemen. martha: a race car crash that is almost painful to watch. you imagine being there? we're going to tell you what happened as that car came crashing down. bill: what the bush family has to say now of a potential run for the white house. jeb bush.

>> i of course was pushing him to run for president, he of course was saying i haven't made up my mind and actually don't think he has, plus i don't think he liked it is older brother was pushing him. all the nurses wad to watch him when he was there 118 days. everything that you thought was important to you changes in light of having a child that needs you every moment. i wouldn't trade him for the world. who matters most to you says the most about you.

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bill: some fans cheating death as a car runs off the track. video now. they were close and they got a lot more than they bargained for. nobody seriously injured. the fans you see in the screen here, the driver, the navigator, they are all okay. one of those spectators fainted as a car flew overhead. martha: she was relaxed and laying flat.

former president bill clinton to his old stomping ground in arkansas for some longtime friends hoping the star power can boost their chances in the midterm election and keep arkansas out of the hands of republicans. democratic senator mark pryor at a very tight race. here's a look at how it is shaping up against republican congressman who has a 4% lead there. showing less than four points apart. landslide election, former howard dean campaign manager both are fantastic election watchers and fox news contributors. a couple of topics for you this morning but let's start with this arkansas race. is it bill clinton to the rescue, and will it work? >> he is very popular in arkansas, and it certainly could

help. it is not like bill clinton hasn't been used before. he was down by 15 points, he did not seem to help very much but in this one where he was hanging in close three or four points, i think clinton can make a difference, he can appeal to the base and that is what democrats need right now is for their base to turn out in these midterm elections. martha: i am betting you don't take it is going to make a difference. >> it won't make a difference. the biggest entity is the clinton library. reagan was very popular. at the end of the day you get to our three days media story out of it, it helps with fundraising sometimes but in this case is about who is going to be more motivated. arkansas has changed from a democrat state to today it is a good republican state and my

sense is he will go down. martha: no doubt he loves being back in arkansas for sure. this we said i'm not on on the ballot this time, but my policies clearly are. former closest advisor took issue with that statement. >> fundamentally the issue is he should be driving in the democratic party should be driving is forward-looking. how are they going to be making a living and what can we implement that can help? >> david is right, it was a mistake to say it the way the president said it. again, what is going on here, a lot of democrats are screaming like we need those folks who voted for obama to turn out. my policies are trying to help send the message, but in the

end, it is set in the opposite message reedit they already have, democrats want to localize it, help in the republican party out a little bit. martha: how many seats do you think republicans pick up, lit pick up enough to turn the tide in their favor? >> looking like they will pick up 5 and as many as eight seats, but i wouldn't be surprised, i wouldn't be surprised anything about eight at this point still not likely they will get much of the same. >> i think it is eight, it is all falling our way. his unpopularity and lack of leadership and negative numbers clearly are having an impact on turnout.

martha: we're going to save the conversation for another day. gentlemen, thank you so much. you can drive a truck through that at the moment. see you soon. bill: how are you, and happy monday. eric: have you heard the latest inviting a syrian town spied the kurdish forces fighting back and the airstrikes from the coalition. plus the controversy over how the media push radical islam. plus a surprise move on gay marriage this morning and a new virus makes headlines. we will explain all of that coming up at the top of the hour. bill: thank you, eric. this four-year-old boy went to bed. he never woke up.

health officials say his death was tied to that virus spreading to dozens in the state. martha: the navy blue angels once a catholic the of sequestration been pretty amazing stunts out there for a very good cause. ♪ americans drink over 13 billion gallons of sugary beverages every year. over-consumption may link to obesity. but there is a better choice. drink more water, filtered by brita. clean, refreshing, nothing is better.

bill: u.s. health officials saying the death of a toddler has been this mysterious virus. four-year-old only symptom was pinkeye when he went to bed one

night, that was two weeks ago and h never woke up. entire community now in new jersey mourning the loss. >> like to express our sincere condolences to the family who lost a beautiful little boy. a little boy that brought so much joy to so many people. bill: live in the newsroom in new york. tough to listen to. what is the latest on this case? >> his death is the first confirmed fatality in the u.s. the preschoolers death has understandably cause a great deal of fear for many in the community and parents of young children who went to school or can contact with him in the preschool program in hamilton new jersey. the current the center for disease control and prevention, the virus had 538 people sickened, 43 states washington, d.c., almost all of

them children. after going to bed with thin pi. he showed no signs of a virus which usually includes fever, running nose, sneezing call for wheezing. a second child who is showing symptoms of the virus was a classmate is being tested for the virus according to local reports. bill: what is the cdc recommended to keep people safe? >> the best ways to buy the things we hear all the time. avoid touching your eyes and mouth, clean and disinfect frequently touched surfaces such as toys or doorknobs. they had a lot of questions for school officials about moving forward. >> where is the protocol there for cleanliness? i have not received anything. >> we said we would ramp that up.

>> i guess that is what we would need to hear, it is not an isolated case. >> asking parents to keep kids home if they are sick. bill: a tough story. thank you, keep us updated. martha: leon panetta saying it was a bad decision for president obama to rule out troops on the ground against isis. the prepared for a very long fight. big meeting. and when alan gets all powered up, ya know what happens? i think the numbers speak for themselves. i'm sold! he's a selling machine! put it there. and there, and there, and there. la quinta inns & suites is ready for you, so you'll be ready for business. the ready for you alert, only at laquinta.com! la quinta!

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look at that maneuver! >> they are spelling bill hemmer i think. make it a great monday, everybody. >> we'll see you back here in an hour. "happening now" starts now. >> new developments in the battle against isis heating up in a key border town. >> i am eric sean in for jon scott. they are holding on and defending the town near the turkish border. dozens are dead on both sides and they haven't moved yet. they are waiting for the orders to go after the rad