a few feet into central park which is a beautiful, beautiful place is strawberry fields. bill: what do what do you thinkf teacher diving with sharks? martha: great. i love that story. bill: she has a tat of a shark on right shoulder. martha: so she says. "happening now" coming up. bye, everybody. eric: american and allied warplanes hammering isis targets near kobani. as terrorists fight to seize the syrian border town. it is the most intense strikes of the air campaign so far, but the big question this morning, will they work. welcome to "happening now." i'm eric shawn in for jon scott. shannon: i'm shannon breen in for jenna lee. isis is pushing forward yards from the turkish border with fierce battles. [explosions] shannon: some are claiming isis controls a third of kobani but kurd deny it.

although the black flag of isis is flying over portions of kobani. we're learning a police station controlled by isis was hit by coalition bombs. as turkey stays out of the fight for this keyboarder town. sparking riots among kurds in turkey, killing about 25 according to reports. greg pal scott in the thick of it, live near the turkey-syria border. greg? >> reporter: shannon, we're back from the border and the fighting is intense. the latest release, centcom claims that a kurdish militia is in control of most of the city. we can tell you from our vantage point it looks very different from that. fighting all over. look at some very close-up image s cameraman mal james got from our position. from our reckoning the isis group is in control of the eastern side of the city. they might be making inroad into the center. on the west side, there is a battle royal going on between isis and kurdish defenders. we saw one, maybe more isis truck bomb or car bomb hitting

kurdish positions. a lot of casualties involved. centcom also saying they were striking five u.s. coalition airstrikes happened in the last 24 hours. they say they hit isis units, a training camp, a support center and vehicles. in fact entire units of isis. now those strikes were outside of the city, away from the main action, but they might disrupt the supply lines for the terrorists. on this side of the border, here in turkey, the fighting continued as well. there is another night of deadly clashes between ethnic kurds and turkish security. the kurds here are very angry about turkey not doing more to stop the fighting inside of kobani. the role of turkey no doubt, shannon, will be a topic of discussion today, when general john allen who heads-up the u.s. anti-isis campaign chats with turkish officials in the, turkish capital of ankara. we'll be waiting to hear more from that as we get helicopters

behind us right now. very intense situation there, up close in the border, fighting all across that city. back to you, shannon. shannon: a critical time and place. greg, stay safe. thank you very much for the report. eric: shannon, so what does it mean if kobani indeed does fall to the radical islamic terrorists? pentagon admits airstrikes alone will not save the town. during remarks with the british foreign minister eric hammond our secretary of state john kerry said kobani is not a coalition priority. >> notwithstanding the crisis in kobani, the original targets of our efforts have been the command-and-control centers, the infrastructure. we're trying to deprive the isil of the overall ability to wage this, not just in kobani but throughout syria and into iraq. >> for reaction and prediction a man with vast military experience and deep knowledge of iraq, retired lieutenant colonel bill cowan, who made 20 trips to

iraq, seven during the iraq war and founding member about support activity pentagon classified secret unit and fox news military analyst. we heard the secretary, colonel, the says kobani is priority and commanding command and control of isis. that is not true. they take out a bulldozer, humvees and mortar positions. what is he talking about and what will happen in kobani. >> eric, i can't believe he is saying it is not a priority. the fact of the matter it is the center of the world stage right now. everybody is watching what is happening in koban i n everybody knows the americans are making some strikes but nothing that is going to change what is happening on the battle, not outside of city. the battle is inside the city as greg reported. at end of the day when kobani falls, i would say by all accounts it is going to, the united states will look foolish doing pinpricks strikes with no

effect on outcome, isis will come out more empowered than ever not only on world stage but social media and out there recruiting in front of eyes of islamist and rascals throughout the world. isis will be a big winner. the united states will be the big loser. eric: why didn't we do something before this? you have basically nine thousand of these islamic radical terrorists going to kobani over the past few weeks. why didn't we bomb them before we got there? >> great question, eric. we all know when they're out there moving, by the reports that they are moving troops and tanks and people out in the open, when they're out in the open, that is the ultimate target for us air to go after. that is what our pilots love to find targets out in the open where they will not ising to worry about collateral damage, damage of innocent civilians. we clearly watched those guys build up, those forces around kobani. we watched and sat back and watched is what we did. did nothing to he prepare the battlefield before we got there, sorry to interrupt, why did we

do that? they know there is humanitarian crisis. >> great question. eric: it has been going on two months, what, the administration sat back and watch this mass begin. >> eric, this goes back to leadership. every bit of it goes back not only leadership in the white house but leadership in the meant gone. the president told the american public he was going to strike at isis relentlessly. relentless was the word he used. instead five strikes in the last day as kobani is about to fall? i don't take anything away from the men and women conducting the strikes. i'm sure everyone of them is wishing they were getting the call to do more and more and after that more but we're not doing more. we're sitting back. talking about isis, that we'll be able to fight in syria, when the syrian free army is ready to help on the ground? that is a year or more away. a year or more from now, eric, you and i both know, all viewers know, isis will have taken more towns, more territory, consolidated more gains and really become unfortunately the kind of country we don't want to see over there. eric: so islamic state is becoming the islamic it state.

we know what leon panetta said. we know chris hill. we know look at foreign policy, a major brainiac magazine. the book paints obama circle of advisors and feckless, distrustful of the military. president overly relying on tight circle of senior white house staffers who routinely shunt aside powerful cabinet secretaries. panetta's book raises serious questions whether the white house such to the task. colonel, do you think the white house is up to the task? what do we have to do as a country to try to deal with this? >> well, look, eric, these guys will be long gone, the president, people around him who don't like the military, don't trust the military and don't want to use the military will be long gone out of the office but the time true ramifications what happens in the middle east falls upon us here in the united states and our allies in the west. unfortunately, all we can do is hope that more people like leon panetta, or, bob gates or maybe

hillary clinton on some level, more people in that administration, serving this president will stand up and talk about the truth. and the truth is, this administration has driven us into a terrible hole around the global community where our allies don't trust us and our foes don't fear us. and we're going to have to live with that for a while. we'll have hope we get a president, republican or democrat, most of my side hope it's a good republican who will turn around the foreign policy of this nation and make us once again the world power that is going to help the world, resolve crises and move in the direction that is good for everybody. but until this team is gone, i don't think we're going to see that. eric: fighting continues with kobani, in hopes it will not tall but the predictions are it will. lieutenant bill cowan, thank you so much. this morning. >> thank you, eric. shannon: as you know there is a new ebola scare in texas. a sheriff's deputy in isolation after reportedly entering the department where the deceased

victim thomas duncan had been staying. that deputy going in without protective gear. casey stiegel outside texas health presbyterian hospital with the latest. hello, casey. >> reporter: this is dallas county sheriffs deputy, one offy members of law enforcement who went with health officials into thomas duncan's family apartment. now thomas duncan was not there the at time. he was already extremely sick and was admitted here to the hospital. colleagues say that the deputy, michael monig, woke up yesterday with some aches and pains. went to an urgent care facility. as a precaution, was transferred by ambulance to the same hospital where thomas duncan died earlier in the day from ebola. you can see from this video, he was well enough to walk on his own. and now we're waiting for the official test results, which can take two days. >> we were told by federal officials, county officials, that he would have to come in

direct contact with duncan or direct contact with bodily fluids and he did not. he was in the apartment for maybe 30 minutes, which we're told is nowhere, like no chance to contract the virus. >> reporter: meantime the family of liberian national, thomas duncan, remains under quarantined, grieving their house behind locked doors. they must remain until october 19th which would mark the end of 2-day incubation period of the virus. they're in limbo for another 10 today. >> all four of them, officials for the cdc continue to tell us that that family and others who may have had some kind of a exposure with thomas duncan, remain asymptomatic as of today, meaning showing no symptoms of this deadly virus. shannon? eric: we know you're tracking every detail,thank you so much. eric: update with countries

dealing with ebola outside of africa. in spain, a hospital for madrid treating two doctors with the nurse assistant infected with ebola. that brings to six the number now being monitored for the deadly virus. in germany, a hospital in line seeing, infected in liberia. this is the third ebola patient flown to germany for ebola treatment. shannon: here in new york, the service employees international union will hold infectious disease a awareness training sessions for airport cabin cleaners, terminal cleaners and wheelchair attendants. as five major airports across the country are set to additional screening for ebola symptoms starting this weekend. those you see handle majority of the flights arriving from the u.s. from liberia, guinea and sierra leone. some airport workers in new york city going on strike over the deadly virus. [shouting] despite today's union training session, some 200 airplane cabin

screen cleaners picketing outside laguardia airport over what they call unsafe working conditions. >> there is some stunning new questions this morning that, in that prostitution scandal plagued the secret service. as you may recall nearly a dozen agents were fired or disciplined in 2012, for bringing prostitutes into a hotel in colombia, ahead of a summit attended by president obama. well now the lead investigator in the cases accusing the white house of a cover-up. senior white house foreign affairs correspondent wendell goler with details. >> reporter: hi, eric. "the washington post" says the lead investigate to, david niland, claims he was told with hold evidence that white house volunteer, sign ad prostitute into his hotel room. the has there may have been a difference every whether it was sufficient timely kate dock. the hotel was the cartegna

hilton where the president stayed. that is not where the secret service agents who were punished or improper conduct involving prostitutes overnighted. utah republican congressman jason chaffetz is ready to launch another investigation. >> offensive to the morale of secret service, the men and women who serve. they got reprimanded. they got fired. three people in the inspector general's office there in the department of homeland security who were put on administrative leave because they were asking questions and wondering why, why aren't we including this information about a white house staffer involved in this prostitution problem down in cart at that hain i can't? >> reporter: white house officials say it was known a couple years ago that inaccurate hotel records had wrongly implicate ad couple of people. one secret service, the other a volunteer, presumably dock. deputy press secretary eric shults says a bipartisan senate investigation found, quote, changes made to the ig report were part of the ordinary process of editing the report. allegations that changes were

made because they were embarrassing could not be substantiated. should be noted that he is the son of a democratic donor, both father and son, now work for the administration. eric? eric: wendell, thanks so much. shannon? shannon: startling new details in a tragedy that shocked the world. the downing of a malaysian jetliner over ukraine that killed nearly 300 innocent people. how much the passengers may have known about their fate before flight 17 crashed into the ground. and more than control of congress is at stake in the midterms. many governors jobs are up for grabs this november and there could be some big upsets on the way. we want to hear from you at home or at the office, wherever you are today. with the elections less than a month away, which races are you watching and why? our live chat is up and running. go to foxnews.com/happeningnow. when you get there, click on "america's asking," and you can join the conversation.

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eric: some startling new questions this morning emerging about the shoot-down of that boeing triple seven over ukraine this summer. authorities say the body of one the passengers was found wearing an oxygen mask around his neck. that raises questions how much people on board knew about their dire situation before that deadly crash. as you recall malaysia airlines flight set of teen was shot down and plunged to the ground, killing everyone on board back in july as russian troops battled russian-backed separatist its in eastern ukraine. 298 people were killed. evidence indicates the plane was shot down by a missile fired by those rebels, from a missile launcher supplied by russia. shannon: the battle for the senate isn't all we're watching with the midterms just weeks to go. there is a lot at stake on the local and state level. 36 states are holding gubernatorial elections in november and our next guest says many incumbent governors are

struggling to hold on to their jobs. larry sabato, center of for politics from the university of begin good to see you, sir. >> thank you, shannon. shannon: a lot going on quickly with the governor's races with the senate race in south dakota. there has been some activity there? what can you tell us? what do you think? >> well it is at least temporarily another migraine for republicans. they need to hold all the red states that are up, republican red states. south dakota was thought to be an easy gain for the republicans. democratic incumbent is retiring. former governor mike round is the republican nominee. but in an odd twist, reminiscent of kansas, you have a split. you have two other candidates running here, a democrat, rick wyland and a former republican u.s. senatorially the name of larry pressler, who served in the senate from 1979 to 1997. some older republican voters are preferring pressler to round.

i think they probably don't know that pressler actually endorsed president obama in 2008 and 2012. he might well sit with the democratic caucus. but right now, round and pressler and wyland are in a relatively close, three-way battle. round is still ahead. we differ on, polls differ on what the margin is. i think they can rescue round but republicans are having to spend money if and time rescuing round in red south dakota, rescuing pat roberts in red kansas. that is money and time they can't spend in the majority-maker states where they need to defeat democratic inup incumbents like arkansas, alaska, louisiana and so on. shannon: let's turn to the governor races. they do hold a lot of power and sway, even over federal issues. think about expansion of medicaid under obamacare. i mean governors are very important in the bigger scheme and bicker picture as well.

a lot of them may be losing their jobs. >> there are 11 in deep trouble. 28 incumbents running out of 36 seats that have governorships, 36 states that have governorships up this year. that's a high number. if all of them lost, it would actually tie the worst year for incumbent governors in modern american history which was 1962 when 11 incumbents lost. i don't think many will drop. if i had to guess today, i would say about half. there will be some from both parties. why do we see so many governors in trouble? because voters seem to hold them more accountable as executives than they do their legislators. very few people like congress but they like their individual senators or house members in many states. but the governors pay the price when 2/3 of americans think the country is off on the wrong track. shannon: all right. larry sabato, always good to pick your brain this time of year. thank you, sir. >> thank you, shannon. >> shannon, there are new clues

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shannon: right now a landscaper is dead and another fighting for his life after a massive bee attack in southern arizona. arthel neville is live at the breaking news desk with the very latest. arthel. >> hi, shannon. the sound from the lawn mower the landscapers were using three feet away from the beehive is believed to be what disturbed the bees. one landscaper was reportedly stung more than 100 times. he had been released from the hospital. so this happened around this time yesterday at a private home in douglas, arizona. a bee exterminator found a

large-in the at tick of that home the landscapers were servicing. you referred to as massive bee attack. why? the hive was four feet wide and six feet long. was 10 years old and had approximately 800,000 bees inside. the exterminators say the bees were aggressive. >> they were already dropping down at me as soon as i started approaching it. before i started even spraying or anything. they were dive-bombing me. that is a sign, back off, back off. >> okay. the home is owned by a 90-year-old man who was evacuated and is now staying with his daughter. a neighbor and a third landscaper were also attacked. the landscapers worked for a group called the doug lars art, a group of people with developmental disabilities who do landscaping work around town. meanwhile local firefighters are warning neighbors to beware of angry bees buzzing around with

no hive. it was destroyed. douglas, arizona, is about two hours 10 minute drive southeast of tucson. there was another bee attack, 90 miles northeast of austin yesterday. police say a man in hern, texas, was airlifted to the hospital while attacked by a swarm of bees mowing a lawn near a self-storage facility. firefighters were able to chase bees away by hosing the man down with soap and water. he was also taken to the hospital. shannon, this is the kind of story i normally change the channel and don't watch. this time you didn't have the option. shannon: you have to be so asquare, you know. keep an eye out and take quick action. arthel, thank you so much. >> you're welcome. eric: more clues this morning are coming to light in that search for the accused cop killer who now is still on the loose in those pennsylvania woods. police say they found a journal written bit suspect eric frein. they called it a cold-blooded chilling description of his

brazen ambush of two state troopers. the journal describes how he opened fire on them, then escaped. one trooper was killed, the other wounded. rick leventhal has been following story from day one and joins us with the shocking details. >> reporter: good morning, eric. pennsylvania state police describe most wanted suspect eric frein as pure evil an say only matter of time before he is captured. they have been saying that for a couple of weeks. the manhunt is in its 28th day. it is focused on rugged five mile patch in pocono mountains that frein is familiar with. he grew up in and practiced hiding in. he did extensive research on police search techniques and how to elude manhunts and he has done for four weeks despite best efforts of armed officers and federal agents. they found campsites and caves and shelters in the thick trees and rocks. items he left behind, pipe bombs which he faces new charges in poe testing weapons of mass destruction.

there were handwritten notes what could be described as confession. >> friday, september 12th, got a shot 11:00 p.m. and took it. he dropped. i surprised at how quick. i took a follow-up shot on his head, neck area. he was still and quiet after that. >> reporter: state police released new images what frein may look like that. he shaved his head in mohawk style haircut before police say they ambushed two troopers killing one. there are new details on items found in frein's home where he lived. including list of stuff to pack. .308 rifle with 100 round ammo. pistol with 100 rounds of ammo and undies and poncho liner. the search has cost several million dollars. money police say must be spent. the trooper who is wounded in the attack is still in the hospital a month later. eric: hope they get this guy

soon. >> absolutely. shannon: seems like a game to him. >> reporter: cat and mouse. so far he eluded them. eric: thank you, rick. shannon: a pitched battle for the senate but what on the other side of the hill could democrats lose even more ground on the house? would that be a message for the president? chilling sound of gunshots and screams in a crowded movie theater. the scathing new report on the emergency response to that bloody night in aurora, colorado, two years ago. >> somebody is still shooting inside theater number nine per an employee. >> somebody is spraying gas in here too. >> some a number of people may be still inside the theatre.

shannon: there's a new report critical of the emergency response to a massacre at an a record can colorado, movie theater two years ago, aurora, colorado. james holmes about to go on trial in december charged with 12 counts of murder. he is accused opening fire in the midnight premier after new batman movie. communications fell apart between police and firefighters as bloody victims stumbled out looking for help or lay dying inside. william la jeunesse in the west coast newsroom with this new report. >> reporter: shannon, you know these afterter action reviews are typical in the business or military to dissect a major event for mistakes so they don't happen again. city of aurora paid 25 grand, that first-responders made a

mistake but saved many lives by breaking news. the major lesson, police and fire could not communicate. example, it took 2minutes before the fire chief in charge of rescue could talk with the police lieutenant in charge of the crime scene. ambulances did not know where to go, to a staging area nearby or theater itself. those that did couldn't make it inside because of so many parked police cars. some paramedics refused to enter the theater because they didn't think it was safe despite a police escort. ultimately cops, mostly trained only in first age, transported a majority of victims to the hospital. >> i really commend those officers and what they did during that situation to save more lives and prevent more tragedies. and also, captured the suspect at the time. >> reporter: recommendations include basics like police and fire should keep a list of each others cell phones. in fact the report said, members of the theater audience had better cell phone communication with each other than did fire and police, unquote. it also recommended police buy a

drone. why? at one point a battalion chief said, quote things are going pretty good when in fact paramedics couldn't make it to the theater. the report found that mistakes did not cost lives. >> the pats on the back, if you will, are, as numerous as the recommendations and we'll take them as well as the recommendations. >> reporter: now the same company that reviewed this event looked at virginia tech and the columbine shootings and they recommended there of course that police not stand back but be aggressive with an active shooter. that finding is now police policy nationwide. so the bottom line is, shannon, people actually read these things and the recommendations can make a difference next time. back to you. shannon: we certainly hope so. william, thank you. eric: and the midterms are coming up and house democrats are facing a bit of a struggle to pick up more seats in next month's election. reports say the democrats are

pulling ad money from 11 congressional races with hopes of democratic victory say they appear to be fading. how well are the republicans expected to do and why? angela mcglowan is a fox news political analyst, santita jackson, radio talk show host and fox news contributor. welcome to you both. angela, let me start with you. what is behind the gop hopes next month. >> the bottom line is this, tip o'neill said all politics is local. democrats learn when you vote with the liberal establishment in washington, d.c. people will go to the polls and vote their conscience. the bottom line, eric, you had all of these democrats who voted lock in step with president obama and they have promoted his failed policies. now they're running away from them. so that is our hope. and two, that our policies will actually be the ones that are victor here. eric: santita, is angela being too optimistic? >> i tell you what. i would like to see democrats

march for and vote for and work with the working class. that is a natural constituency. that is most of america. the fact is this. most of america works hard every day but they're not getting the bang for their buck. they're not getting paid their value. the federal poverty line is $23,200. more than 600 cities and counties in america, takes more than twice that in order to be above poverty. >> santita? >> wait, wait, angela. 615 cities and counties where democrats should win but they need to engage in retail politics for that to happen. eric: middle class, working class, they're getting hammered. that is on the ballot, isn't it, angela? >> yes, president obama says he is clearly not on the ballot this time but his policies are. santita, if you look at communities, you have more people on food stamps on the government dole today than before barack obama took office. >> stop this government dole talk. >> you've had more people lost

jobs. not that many people owning homes, santee at that. not because of republicans. it is because democrats have followed this president blindly. >> oh that is not true. let me tell youing something, pardon my for interrupting me making me crazy with social arguments. absent fathers or not, the problem, single mothers are not the problem. black dads are the no the problem. structural inequality is the problem. what we need to do is not pull back, that is democrats shouldn't pull back. they should push forward and get out on the husk. tv ads will not do it. you have to go see working class. you have to go see black mothers. >> right. >> white mother who is are poor. no, no. >> look all you want to, baby when you don't have policy -- eric: wait a minute. time out. >> you need to see, hear, touch and feel. there is nothing wrong with. that no, no. democrats and republicans need to get together because when republicans get into office they have to represent americans too. eric: time out, one quick one. how does this affect hillary?

>> well, you know what? i really don't think the midterm elections is really going to impact, hold on, the presidential elections in 2016. because i think that hillary is going to give a good battle. whatever, whoever the republican nominee will be, will give a good battle. it is not about black or white. it is not about red or blue. it is about who can put forth policies that can correct what barack obama has done to destroy our nation. eric: santita, last shot. >> i welcome her to team hillary. i love that anglela. i love it. >> no. no don't hold your breath. don't hold your breath. eric: we'll have that debate another time. san teeth tax angela. >> eric is conduct us off. eric: the clock is. not me. the computer. >> bye. >> shannon. shannon: here's a question, can your boss force you to get a flu shot or fire you? some nurses are in a legal battle with a major hospital amid claims their rights are being trampled. plus secret of one of america's oldest cities about to be

revealed, as a time capsule long forgotten is discovered. so what's inside?

shannon: let's check out what is ahead on "outnumbered" at top of the hour. what do you have coming up? >> we have latest on claims of a white house cover-up. the lead investigator in the secret service prostitution scandal says he was told to delay his report until after the 2012 election. >> plus another passenger says an airliner kicked her off of a flight after she tweeted about a delay. could your next post leave you stranded? >> say bye-bye to calling students boys and girls. ladies and gentlemen, we'll line up now, at least in one school system. say hello to gender inclusive terms, hey, little campers, let's go purple penguins. i'm not raising penguins. i'm raising girls. >> i have an penguin in my

house, an actual penguin. our hashtag one lucky penguin on at the toed of the hour. >> he is a guy, trust me. shannon: i met a penguin in new york. i know they're roaming the streets. ladies we'll see you at the top of the hour. >> thanks. eric: shannon, this just in, a time capsule dating back more than one century was opened moments ago. long forgotten treasure recently discovered. molly line in massachusetts with these revelations. molly, do we know what's in it? >> we can take a look right now, eric. it was finally just opened. it was placed 100 years ago 1901 on top of the old statehouse in boston. there was a bit of a surprise. a redbook at top of the box, something wasn't expected, not on list of items they thought would be there opened by robert sure of the skylight studios. paper items, contributions of the day, described in a old "boston globe" article. they expected to find pictures of boston city leaders and the

surprised book on top. the contents will be carefully preserved by archivists and experts with the boss tone gran society. this time capsule was found but in 2011 when they got a letter from someone, descendant of one of the original artists. she had a letter detailing items. that gave them the first idea it existed, that it was there. they got inside today. and fortunately they're delate lighted with the contents and their condition. that eric. eric: great news. a fantastic lion on top of the statehouse when you see it. >> a letter from the past. eric: we'll see more. thank you. shannon? shannon: get this, eric, right now the massachusetts nurses association has filed a lawsuit against a major boston hospital seeking to block a requirement that health care workers get flu shots or face termination! talk about with our legal panel. mercedes colwin, criminal defense attorney, rebecca rose woodland, trial attorney. good to see you both, ladies. mercedes, i will start with you. the union says that the nurses

don't have a legal obligation to get these shots. it violates their rights. they don't want to have to get them. >> it is right on point because there is a law that says specifically that. it is interesting, if you look at the law, if the individual has a medical history or simply declines to get those flu shots, that is enough to be protected and they're not required to get flu shot. it goes back to, just civil liberties. why are you going to impose a restriction on my own victim's? i can govern my own body. if you look at legislative history, that is what the legislators said. this is right to privacy. only way that you can come in and say you don't have that right to privacy, say there is compelling state interest. there isn't any such thing. >> the hospital of course is argue, you're around sick parishes during flu season. these people are susceptible. their immune system down and we think it is a good policy to require shots. >> we understand the legislature and statute says, no flu shot unless you want it, reality,

look at reality. these are people who took oaths to take care of people. flu shot is not invasive. nothing negative. by taking a flu shot you could prevent the death of someone you're caring for as a nurse. i think union has to take a little bit of a different stand on this, step back, hey, we really want to give the best care we can. we don't have to stand on this particularization. try to give the best care. getting a shot is really no big deal. shannon: i got to tell you when i tweeted out we were doing this segment, my twitter feed went crazy. people were both opinionated on both side. i was in health care business 15, 20 years, never got the shot and never got the flu. i don't want to go to a hospital where nurses say more important to the stick with the union than taking care of me. >> today a flu salt. what is it going to be tomorrow? restrict salt intake? you can't drink during the week. shannon: not enough. >> if you have a glass of wine

at night. that one of the reasons why the legislators said no, these, your civil liberties. this goes back and forth whether that is effective anyway. >> i'm not saying saying that wd change the legislation. i'm saying i think nurses union itself should take a position that steps back and recognizes that there are sick people who need to be taken care of in the best way possible. and that you know what? restrict, the restrictions on nurses and allow them because in hospitals where unions don't really mandate the nurses, they're non-union hospitals where the union is not strong, those nurses, 94 to 95% of them are inoculated. we think that, you know, the nurses recognize it's necessary. nothing that so so negative we don't need to change the law. i think the unions need to take it easy. shannon: it is interesting. very few states have these requirements. it is something done on state by state basis.

we'll watch how it plays out. could be landmark out of boston. good to see you both. >> thank you. eric: shannon, fascinating. well there is a new promising study in the fight against cancer. you will want to hear this. why researchers say the time of day could be critical in treating cancer patients. will that be all, sir?

thank you. ordering chinese food is a very predictable experience.

i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. shannon: right now scientists in israel release a new study that cells grow around the body during sleep. we have a dr. david spiegel , lung program director. doctor, this is so interesting. what do we know and what don't we know from the study? >> thanks for having me. people wondered does cancer grow different times of the day at different rates. this is small study based in

mice important to say up front but investigators were just trying to understand does cancer grow faster? does more cancer grow during the day time or nighttime. they disdiscoverred at nighttime there appeared to be in one model more cancer growth. shannon: during the day the body regulates things and taking care of itself or at least when you're awake. >> that's correct. it may have to do with hormones. in fact these investigators looked ad level of steroids. we have steroid in our body. that is cortisol. those levels drop at night. go up in the morning. that may be protective effect in day time but at nighttime when the levels are low it may allow cancer signals to be promoted. >> would it change treatment? would you schedule treatment doing chemo, do it at night, could that impact those kind of things? >> lead investigator made that comment this is really not issue of changing the type of therapy but maybe when we give it. when we move more into therapy that are oral, pills that patients take during different times of the day, eventually

these drugs reach what they call steady states or steady levels in your body. you wonder if it makes a difference on a medicine at constant level in your victim's throughout the day but it could have implications if it proves to be true in humans. shannon: talk about good news, we need, especially on the health front, the cdc says we're all living longer. >> right this is report that came out yesterday the life expectancy continues to go up. we were joking for women this continues to be advantage over men. women can expect to live past 80. men are a little bit behind four or five years. always seems to be case. shannon: better diagnosis? better management of conditions we have? are there cures? what is driving this? >> that ace good question. leading causes of death are still heart disease and cancer. many predict cancer will overtake heart disease in the future. speaking of cancer we can look more closely at. that. cancer treatments are getting better. we're finding cancer earlier

with screening, for prostate cancer, breast cancer, colon cancer. that is probably affecting survival rates at least for the cancer population. shannon: one troubling note, suicide is up. are we not managing mental health care? >> leading causes of death were reduced except suicide. that is really disturbing. experts in suicide don't understand that. call for attention to that topic. >> doctor, good to see you. eric? >> shannon, here is what we're working on the next hour of "happening now" at 1:00 p.m. eastern. passengers flying into our country from west africa, they will now have to go through some more steps as the cdc tries to protect us against ebola. what will they do? will it work?

eric: we're going to have a lot more e battle still ongoing in one hour, that's when we'll see you back here. shannon: "outnumbered" starts right now. ♪ ♪

>> this is "outnumbered," i'm andrea tantaros, and here today harris faulkner, sandra smith, jedediah, and hasag one lucky guy, stephen hayes, and he is outnumbered. welcome back. >> i'm feeling outnumbered. >> excellent to have you. [laughter] >> in a good way. >> it couldn't have been that bad, because you did come back. >> i did. i enjoyed myself the first time. >> and you were up all night. >> i was, i may not make a lot of sense to today. i was writing until the wee hours of the morning, so if i don't make sense, some people will say that's me every day. [laughter] forgive me. >> it's an important piece you're working on. >> i think it'll be interesting. >> you're going to tell us at end of the show if you like us better or bret baier. >> well, i went to college with bret baier. >> prostitution scandal raising questions of a possible white house cover up in the run t