put down the 50 shades of gray. and we'll stay right here for outnumbered on the web. and click the overtime tab and see you right back here at "happening now", that starts now. >> a fox news alert in the fib fight against terror. the fbi arrested a chicago man charging him with trying to travel overseas to join isis. prosecutors are charging him with attempting to provide support for a terror group. you are looking at a copy of the complaint against him. he was taken into custody in o'hare national airport on saturday night and had a round trip ticket from o'hare toi stanbul. >> the judge ordered khanheld until the hearing on thursday. we'll continue to follow the breaking stories and bring you

the latest developments as soon as they come in the the newsroom. >> black flag of isis flying over a key syrian town near turkish border. >> khorasan was working on an attack. >> and looking to do it soon. >> we know they are coming but how and when? >> we have to act like it is coming tomorrow. >> tracking terrorist on american soil. can we stop them before they strike us here? >> plus. >> the divorce was final. >> sex, lies and murder? >> prosecutors say the former church usher killed his wife so he could be with another woman. the legal twists and turns in a bizarre case. >> my heart is beating now. >> kyakters come face-to-face with a giant shark.

>> those are holes from a great white shark. >> it is all "happening now". >> the raging battle to control a syrian town near the turkish border as isis fighters face off betweens the fighters. >> shannon, i am eric in for jon scott. plumes of smoke from the town. they are sitting there and turkey is not intervening in the battle although the government promised that kobani will not fail. in the latest air strikes a conto versy is brewing as the pentagon considering the naming

of the operation. the obama administration is resisting that. jennifer has more with that. >> reporter: ? the first dod press release announcing that the troops are going to west africa, operation united assistance. one of the big mysteries of the u.s. military operation launched against isis and syria why the operation is not given a name. every military operation since panama has been named. for weeks the admiral john kirby scoffed at the question. >> the operation not given a name yet? >> no, i know of no plans to name it. >> a week later his tone has changed. >> i can tell you that there is an effort under way to consider potential name for the operation. >> the dod put up a website that

the operation still has no name. every u.s. military operation since panama has been given a name and the operation continues to insist it is not sending ground troops to iraq and syria despite apache helicopters and a sign that the u.s. army is getting more involved. the first casulty was identified marine corporate jordan spears from memphis, indiana. he was lost at sea after evacuate the ospra y when it appeared to be crashing. and people are asking what war he died fighting for? >> our heart and sympathy.

>> and the family releasing a letter about their son. the terrorist are threatening to behead the former army ranger. he converted to islam while been an isis hostage. >> the son was living his life to the humanitarian call when he was taken captive and we know that the syrians are suffering and believe that violence is not the solution to the problems that trouble us all. we implore his cantors to use their power to let our son go. >> in a time magazine interview. peters said the best part of being an american life is the ability to come together and stand beside those who might need a helping hand and now he could potentially be beheaded. he said in the letter in june

he's not afraid to die, but they should take comfort knowing he went out trying to a leviate suffering and helping those in need. >> less than a month before the mid- term there is a blizzard of new polls on the senate races and one thing shoes it hasn't changed. the republicans are maintaining their edge. chris moody is political report for yahoo news and great to see you both. >> thank you, great to be here. because of the states are polling so closely. it will make tough decision for where to put resources in the final finish line. chris, how do the parties make the decision? >> this is the toughest decision they will have to make with the republicans and democrats. you have a finite amount of

human resources, people on the ground and where to put it. and now, one wrench for the republicans here in the kansas city race when they thought they four a sure thing with incumbent senator roberts. it is not a sure thing as they thought. republicans will put money in kansas when they need to put it in the competitive races where they thought they could stand a chance. iowa, and lewisville and alaska. that complicates the picture. >> what about kansas? we have seen in a lot of elections, sometimes parties bail out of states and say we'll have to let it go so we can pour it in the races. will the gop go full steam ahead? >> it is interesting, kansas is playing the spoiler role here. the democratic nominee put the

race between pat robert and it is independent greg orman. orman is leading and this is a naturally republican state. and so i think republican leaders will try to come in and win this. orman hasn't had negative press against him yet. there is a month to try to sully his name and some may pull a democratic play bock and what they did on matt romney. and he is a successful businessman. >> i think the gop will try to keep kansas. it is not clear if orman didn't win he would not caucus with the republicans. but he does lean more to the democrats. >> chris, in so many polls as we get them inching closer to election day, they are tight. many of them in the margin of error and what makes a difference with the win or

loss in the type of races, chris? >> that is why the next couple of weeks are so important. it is going to come down to the level of work that the campaign committees and campaigns are doing in getting people out to vote and depend on the weather in certain areas. politics is not above that necessarily. when i look at the new polls coming out. it doesn't tell me necessarily who will win, but election night will be a lot of fun. we are looking down. if it doesn't change, we are looking at a nail biter and a late night in november. the fact is, a couple of the races may be decided. and it will not happen. and that can leave the balance of the senate hanging in the

balance until january. >> in louisiana, it could be a run off and the time zone is much different than on the east coast. and in the end of the day, the big thing coming down is voter intensity and on the republican side and dislike obama and more than the democrats and willing to come out and defend him. they are lukewarm if not upset with the things he is doing. the gop has a voter intense irt advantage here. >> and the president said he's not on the ballot but his policys are. >> you are right. all of the geeks who love this stuff. it is a super bowl coming up on november 4th. thank you, both. >> thank you. >> eric. >> shannon, the fifth american contracted ebola is back here. the photojournalist arrived in

the hospital in nebraska where he is receiving treatment. he was walk being on his hood and dressed in a white jumpsuit. his parents say as of yesterday, he wasn't feeling that ill. >> he's relieved to be here. of course, it is frightening, but he's hanging in and sounds strong. i think he shares in the relief of the rest of his family he has come back for good medical treatment here. >> the liberrian who contracted ebola is in critical condition. the administration is considering extra screening at airports for the travellers in ebola stricken countries. texas governor rick perry is pushing for stronger measures.

>> custom officials and border are patrol agents should be directed to conduct inhansed screening procedures and obtaining more information about people coming from affected areas and taking appropriate steps upon arrival. and those steps may be simple as taking the temperature. >> and hospital medical centers are on high alert for patients that are exposed dr. siegel is here. >> yesterday on house call, the hospital sent eric duncan away and he apparently told them he was from liberia. that was a huge mistake. >> you are absolutely right. the case in dallas calls into question if the hospitals are prepared for ebola protection. we went behind the scenes. boundary the basic training and

doctors have to know the right questions to ask. the director at nyu. said communication among health care workers is a key element. >> it is always emerging path ogens. even with good systems. we need multiple levels of protection. it is not only the nurse but everybody in the system. or the outpatient provider. >> if a patient with flu- like symptoms and fever travelled to liberia the question of ebola has to be raised. >> staff and gown and mask and gloves need to protect themselves from the virus. >> it is ability to contaminate them. and anything that is moving in the hospital and there is no

cross contamination. >> if there is a suspicion of ebola, local health departments are chosen to perform a rapid test to identify ebola in a few hours and here is the public health laboratory. they are doing a mock ebola testing. the department of defense is deploying the same test. isolation and containment and preventing spread of the dreaded killer. >> and thankfully the alert and warning is now out. >> and eric, a jail break and now the manhunt for the inmate on the run as residents are warned to lock their doors and how this guy busted out of maximum security. >> and hong kong, a crack down? and could there be violence in

the street if negotiations fall apart?

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>> it is deadline day in hong kong head tensions have eased up a bit. some in the the streets but the crowds are smaller after authorities warned they would take all necessary measures to restore order by today. scenes from last week like. this police firing teargas and clashing with the thousands of students. and if they think communist china is ignoring. /beijing or protestors won? >> have a begin up? >> two things are at work. exhaustion. some of the kids had been in the streets 12 days and many of them

a week and clearly there is that factor. there is a retreat and they are talking to the hong kong government and people in hong kong want to see a compromise and large demonstrations would not really be appropriate. and so the students have pushed back. i think largely on the advice of elderly activist who want to see a deal inhe works. >> they probably remember the te nemen square. >> it went on for seven weeks before the scene of the tank with a lone man defiant against red china. is it possible it could go on weeks and weeks and/beijing send in the strong arms? >> one of the things we have to remember. they so it as a threat to the rule. they will do anything necessary.

>> they will not let it go on. and protest spread nothing china we saw that in shang i where there was a sympathy protest. the rulers in hong kong, from 2007 to 13. and china can't back down. and he realizes if he withdraws, that means his enemies in/beijing will get him. >> and what is going on in north and south korea. weird enough and what is the delligration from north korea dispatched to south korea? >> three senior officials came down to south korea on one day's notice and including the number two guy in pyongyang. people say it is part of the charm offensive in north korea and there is that. and north korea needs to have

good relations with south korea. and new regime elements trying to strike's deal. there is a lot of political turmoil and the ruler may only be a figure head. >> charm offensive orrin -- or muttiny. >> senior officials ignore and defy kim jong-un's orders and the second most powerful official is now in charge. we really don't know and won't know for a couple of days. we'll know a lot when we see the reviewing stand. >> it is a hermit kingdom aptly named. >> thank you. >> ford motor company under heavy scrutiny after complains about midsize car. and why federal safety

regulators are involved. he went to bed and never woke up. the message to parents across the country, stick around. the conference call.

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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. an inmate is on the run after slipping out of an ut're outdorrecreation in a colorado jail. travis was able to damage the fence and scoot out yesterday. crews are scouring the area to find the 32-year-old. travis is still out there somewhere. >> right now, the feds are investigating the power steering on three ford midsize cars that can fail without warning and including the ford fusion and built between 2010 and 2012.

and saift -- safety regulator, they got 500 complains. ford is cooperating with the investigation and could issue a recall. >> and there is trouble for another autogiant. chrysler. they are recalling commercial vans. it is the ram promasters that the headrest can exceed the maximum allowed gap and the head restraint. >> they don't know if crashes or injuries are related to that problem. they will replace it free of charge. owners can bring in the vans within the next month. >> the cvc. enterovirus is to death of a preschooler in new jersey.

it is the state's first fatality but linked to four other deaths in the u.s. he appeared to be in good health when he went to bed and never work out. >> eli's death is the first linked to the entervirus in the u.s. he went to bed with pink eye making the case heart breaking. the four-year-old showed no signs of the virus which includes fever and runny nose or cough or wheezing. it caused fear for many in the community and parents of young children who went to school and came in contact with him in the yardville elementary school in new jersey. according to the centers for disease control it took the life of five people.

and the best way to protect yourself is covering your cough and washing your hand and disinfect tois and doorknobs. there was a lot of questions about moving forward for school officials. >> i am a school bus driver. where is the proto col? >> and communication could have been better. we would ramp that up. >> they are not saying it is over with. and i guess that's what i need to hear. it is not ice litted. >> second child showing symptoms of the virus and a classmate of wallers is being tested for the virus. the parents were asked to keep kids home if they are sick and call doctors if there is respiratory difficulty. >> so tragic and a good warning to keep an eye on. >> a new twist on gay marriage.

the supreme court weighing in, with the denial of five appeals for same- sex marriage in the country. plus, he was a church usher and did charity work and today facing charges of killing his wife. it is a case that took bizarre twists. athat's enough plastic bottles boto stretch aroundery year. the earth 230 times. each brita filter can replace 300 of those.

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the high court rejects appeals from five states seeking to ban same- sex marriage. and while decision pays the way for gay marriage in several states, the debate is not. there there are lower court cases pending. we'll bring in our attorneys. good to see you. >> while the defactor doing making gay marriage legal in 30 states and the district of klumia. but people are upset that the supreme court didn't take it. they want it resolved one way or the other in all 50 states. >> the nonmove by the supreme court is good for propoepts of same- sex. it is a step in the right direction and ruth badder- gins

berg said the supreme court doesn't need to get involved yet. >> supporters of traditional marriage are upset we went to the polls and courts are undoing. >> that is a problem, but that is the reality of the system working. we need to allow the states to do their job. the fact that the supreme court justices are letting the states whether it is the court or legislature decide is the way the constitution is supposed to work. when they decided thedoma case. it was to let the states do that. >> some of this is playing out. and all of the federal circuits one step below the supreme court ruled the same way. shooting down the bans. one covers kentucky, ohio and michigan. and a lot of people who thought

those judges may uphold bans on same- sex marriage and if that happens maybe there is a split. >> that would give them a reason to jump in more immediately than they are planning to do. >> there is a lot of moving parts on the same- sex marriage. administratively. and i don't mean t light of it. you have a new operating system and work out the bugs and so that everybody can get on the same page with this. and now there is more time to do that. and some of the states are issuing licenses. and we are telling all of our clerks to go ahead and issue the licenses and if they are excited in their state and this is what they wanted to enter into a same- sex marriage. they have the worry that at some point there was a legal decision

to override that. >> that is the problem with letting the states decide one by one. and when the sixth circuit makes that decision, i think they are, maybe more likely to uphold the ban and we'll likely see a countrywide decision being made. and for folks who don't know how it works. it is four votes for them to take one or both of the cases and they get thousands of appeals every year. and there is a lot of reasons that justices vote no. and whatever their particular position is, they don't have the votes to come along with them. what are the odds that they do say we'll make a final decision from the nation's high court? >> i don't think they will do it until they have to or one of the circuits uphold the ban and then they will feel like they have

to. but until then they are all hopes that the states continue to uphold the constitutionity of the same- sex marriage. >> they will make a decision but it will be when something detrimental happens and something toward that and they will get involved with that. >> two of the justices performed same- sex messengers and some say they should recuse. we'll see. and we'll wait for the secret vote. >> and shannon, there is a high profile murder trial about to start in detroit. hhis trial begins tomorrow after twists and delays. he captured a lot of media attention for teary eyed pleas for help in trying to find his wife's killer. he is charged with first-degree murder and denied involvement in

the death. it is evidence of allegations of sex, infedility and he was a church usher and charity fundraiser and head of the local rottary club. officials say that national media outlets confirmed they will cover the trial there. we'll follow the developments as the trial gets under way. >> and fox news is america's election headquarters. president obama promised to take up immigration reform even if he had to take executive action. his reassurance comes with a new poll that the president is losing the important voting block. they are live in dc with more, hi, mike. >> holding off on immigration may be designed to protect at

risk senate democrats, but it is impacting president obama's approval rating in a key constitency. in a gall up poll, the president's approval with hispanic was 22 percentage points above average. now he delayed taking action. the job approval is ten points of 42 percent. and last week, the president tried to reassure latinos he shares the frustration. >> if you want to know where my fight is, i will put those question to rest right now. i will not give up the fight until is gets done. (applause) >> now one heritage foundation scholar said it creates an opportunity for conservatives. >> the president looks at

hispanics as expendable pawns. but it misfired this time. >> those leading the immigration reform fight tried to keep pressure on the white house. >> if the president is doing everything he can. you have two choices to believe him or not. i believe he will do it. >> one political expert said democrats don't believe that hispanics will go far. >> i think the white house and democrats in general feel like they can get the hispanic vote back in a higher turn out. and so what they are trying to do now. they are willing to disappoint hispanics. >> and the impact is not clear. many of the states with close senate races have small hispanic populations. >> thank you. eric? >> another american ebola

patient arrived in nba. he is being treated in isolation unit. >> look at that, from a great white shark byting in their kyakt. how would you like to be out there when you see one of those. >> those are holes from the great white shark. >> my heart was beating right now because it was an adrenalin rush.

>> hi, everyone. i am gretchen carlson. how dow clean up the ebola and we'll talk to the crew on the ground in texas. >> and experimental drugs used on ebola. do they work? is the government up to the task of coping us safe? >> and a major drug store chain

in hot water about misleading you about the size of the stuff you are paying. find out in the top of the hour. kyakters off of the coast of california missed disaster after a great white shark attacked their boat. the shark bit in the bottom of the boat and sending the fisherman in the air and clinging to the kyakt. two nearby fishermen saw the attack and able to help. >> this is a 16 or 18 foot shark. >> we hear mayday on the radio. and i said where are you out. >> he is clinging to the top. >> we get the kyakt and get him on our boyand two other guys hopped on our boat and we towed

them in the landing. >> those guys were back out fishing in about an hour. >> the latest american who is diagnosed with ebola overseas is back home in the united states. he is the nbc cameraman. he contracted the virus on assignment in liberia and being treated in the center in omaha. >> dr. manny alvarez is here. >> dr., his family said he is doesn't feel that ill. he walked from the ambulance. >> ebola is not 100 percent fatal. so, here's a young man in good physical condition. and i think he got anti- serum. and maybe he's sort of turning

things around. it is not a sure thing sure and takes several days for the virus to replicate. and he was walking in the hospitalment >> the cvc vowed to stop ebola in this country but admits there may be more people arriving here in the united states from west africa and do you think there should be a travel ban? >> i do. since july. we have to mount a war against the disease in west africa if we don't contain it there with the global airlines. patients will arrive here in the u.s. or in europe. one patient and look at all of the drama and xieftment that we have seen. and all of the expenses that he created from cleaning the

apartment and isolated people and hundreds of workers and tracking hundred patients. >> what about the other side said they could stop them there and today, the white house and president is taking further action on this? >> yes, the whole industry has to step it up. senator schummer is right to say we need to put legislation on the table and train the airliner ares better and have a strong entry point inspection in the airports and where health workers. it sonot a questionnaire and you need to know where you live and keep them in track so you can prevent it. >> and it is a rough time about ebola. and another virus caused one death of a four-year-old boy. 500 people are affected.

>> and yes, enterovirus has been around sips the late 60s. it is a flu- like virus. >> how do you know you have it? >> you get the fever and runny nose and all of that. and affects mostly children and in particular that have pulmonary cons. if a child has asthma, then the sickness can turn on the child and ultimately you are in the icu. >> and so what should parents do. >> any outbreaks of the virus in the school. you need to watch out for symptoms especially if your child is at risk of chronic pulmonary squeeze. >> hopefully it is not enterovirusment >> and a tech industry giant is splitting up. but could the break up cost jobs

and we'll have the details and a hot air balloon makes a landing and the wedding proposal went horribly wrong. >> we >> we all just thought that, you know, they were just having some fun, just getting their passengers, you know, close to the water. >> the lady got on the ledge and then she just kind of jumped out and that's when we knew it was pretty bad.

a romantic h balloon ride nearly turned into disaster. lifeguards and surfers rescuing three people after their balloon fell into the water just off the coast of southern california. one of the men was proposing to his girlfriend when it began drifting off course. people watching on the beach, well, they thought the driver was having fun until they saw that basket hit the water.

>> the waves kept pounding him but he was getting towed in by all the guys did a great job rescuing him. >> what they have been through together now, perhaps they are meant to be and they can make it through anything. >> that's for sure. the newly engaged couple, they say they are not sure they are going to take on another hot air balloon ride and we hope that's not going to stop them from getting married. >> let hope not. a fox business alert. u.s. stocks giving up their morning gains, right now the dow is down about 27 points. tech stocks leading the drop. wall street also reacting to some news from hp this morning, hewlett-packard announced it is splitting up what does it mean? lauren simmon nettie has details. what does it mean? >> hewlett-packard split nothing two.scan, one focused on computers and printers it will be called hp ink, the other on services like data storage and software that will be called hewlett-packard enterprise. each of the companies will be about the same size, about $50 billion in annual revenue. shareholders are liking the move, while tech stocks are mostly down today, hp up more

than 6%. and in a statement, ceo meg whitman says this, "our work during the past three years has significantly strengthened our core businesses to the point where we can more aggressively go after the opportunities created by a rapidly changing market." a market changing so fast that, mind you, researchers predict that next year, tablets will outsell pcs for the first time ever. just think about it. when was the last time, a, you bought a laptop, and b, that laptop was from hewlett-packard? so, the bottom line is this, hp is struggling and even after this split, it will be struggling. we have seen a sea change in the tech industry, the stars are no longer dell or microsoft, ibm or hp, they are am, samsung, microsoft and amazon. in other words, mobile companies that do work in the cloud. and the question on wall street today is who's next in splitsville? last week, ebay said it was spinning off its paypal unit. now this. who's next, right? >> maybe the answer's in the

cloud, because there seems to be a lot of stuff in there that i don't understand. it is the way we live now. >> wall street is liking these splits. >> thanks, lauren. meanwhile, fighting is continuing, have you heard about this, in the northern syrian town near turkey, kobani. isis, the islamic radical terrorists, we are told, are closing in on that besieged town. coming up, we will have a live report from right across the border. and a dog named lazarus. so, how do you think he got that name? t's hiden the attic. no. in the basement. why can't we just get in the running car? are you crazy? let's hide behind the chainsaws. smart. yeah. ok. if you're in a horror movie, you make poor decisions. it's what you do. this was a good idea. shhhh. be quiet. i'm being quiet. you're breathing on me! if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. head for the cemetery!

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proof that you just cannot keep a good dog down, an alabama vet says this dog survived a euthanasia attempt. she says the sun posedly lethal drugs were injected into the dog after no one adopted him. but he somehow recovered overnight from what should have been a deadly dose. now, just weeks later, lazarus, aptly named, found a loving family in birmingham where he spends his time playing with

another rescue dog. my favorite story of the day. love it. >> go, lazarus. we got a rescue cat. >> you do? >> yeah, someone shot him, a little bb in him. >> what's his name? >> nappers. makes us love him even more. thank you for joining us. >> the real story with gretchen carlson starts right now. we have breaking news out of chicago now where a 19-year-old was arrested the o'hare international airport after attempting to travel to the middle east to join isis. the teen just appearing in court to face charges, where a judge orders him held in custody. police say he purchased a ticket to istanbul via vienna but he was detained at o'hare over the weekend. federal agents obtained a warrant to search his home where they allegedly found handwritten document there is that appeared to be drafted by him and/or others expressing support for isis. the notebook indicated that he wanted to travel to the syrian border. apparently, he told police that he planned the whole thing with the help of an