jon: we'll be back in one hour with . "outnumbered" starts right now. >> this is a fox news alert. we're awaiting a news conference from texas governor rick perry. he's expected to give an update on his state's efforts to confront the deadly ebola virus. this as we're learning president obama will name a trusted white house adviser, ron klain, as his ebola czar. this is "outnumbered," i'm andrea tantaros, and here with us harris faulkner, kirsten powers and one lucky guy, the honorable judge alexer if area, today our one luckily guy. >> i found my happy place.

[laughter] >> that's really sweet. >> you find yourself smiling more than the courtroom. >> well, i never smile in the courtroom. >> never? ever? >> on the show i do. in criminal court, not so much. >> all right. we've got a lot of good stories today, and we guarantee more smiles here. as we await governor rick perry to speak, we're learning that texas authorities will be taking a tougher stance on monitoring the dozens of hospital workers who had contact with the liberian patient who died from ebola. the authorities will ask those who are being monitored for ebola to sign legally-binding documents agreeing not to go out in public for the time being. this as we hear one of the health care workers believed to have handled ebola samples is now in isolation on a eyes ship, caribbean -- cruise ship, caribbean, carrying 4,000 passengers. one of nurses may have been showing symptoms before she made her trip to the cleveland area.

a video showing a cheerful nina pham from her hospital bed before being transported to the national institutes of health in maryland. dr. fauci speaking about pham's condition a short while ago. >> i sa fair condition, which implies that she does still have some symptoms. she is in good spirits. she's a highly intelligent, aware person who knows exactly what's going on. we tend to have -- we intend to have this patient walk out of this hospital, and we'll do everything we possibly can to make that happen. >> casey steegal is live from texas health presbyterian hospital in dallas. casey? >> let's talk about that cruise ship again real quickly. i just talked to carnival cruise lines, tells me it is off the coast of belize right now. it left out of galveston, texas, on october the 12th which was this past sunday, and it also,

incidentally, happens to be before the cdc updated its active monitoring program for medical workers at texas health presbyterian hospital who had some form of contact with thomas eric duncan while he was a patient here. the u.s. state department telling us this individual on the cruise ship is an employee of this hospital and may have handled a lab specimen from duncan. but this woman is not showing symptoms and is in voluntary isolation aboard the carnival magic as we speak. carnival releasing this written statement to us, i'm quoting here: >> r eporter: we saw how the medical screening questionnaire worked for thomas eric duncan when he flew to texas from liberia. and speaking of flying, now to planes. 29-year-old amber vinson, the nurse infected from treating

thomas duncan, flew on frontier airlines from dallas to cleveland to plan her wedding and then flew back to dallas just one day before she was diagnosed. but the cdc is claiming that she was not clear on when her symptoms started. and that has prompted frontier airlines to reach out to now some 750 passengers. not just those who were onboard the planes with her, but those who traveled on the aircraft as they continued on their routes to multiple u.s. cities before being pulled from service. now, to avoid any more of this travel nonsense, the 75 he maining -- remaining hospital employees who were here at texas health hospital are now being monitored, and they have signed these legal documents stating that they will not travel, and they will not go out in public. that's the latest from dallas, andrea. >> all right. thanks, casey. as we mentioned, the president today saying he will name, indeed, a point person to deal

with the ebola crisis in the u.s., and we now know his name. the ebola czar is ron klain, former chief of staff to al gore and later to joe biden. but he has no health care background. that we know of. all right, judge, i want to go to you first on this. looking at his resumé, nothing on logistics, not with military experience to implement sort of a battle plan because this is a crisis, no health care background, no infectious disease background, just a political background. >> just kind of teed that one up for me, didn't you? >> yeah. [laughter] >> i mean, first of all, i don't understand the whole czar concept. it didn't rush out for -- work out for russia so well. how many have you had now, 40? ridiculous number. he's just a bureaucrat. it looks to me from an outside perspective because this has nothing to do with the law, you just want somebody so you can say we're doing something. what actually is going to get done? what should get done is something that might actually protect people, maybe stopping

the flights coming into the country. that would be productive. appointing somebody, naming somebody who's not even in the field, to me, seems like a waste of time. >> judge, you brought up czars. let's take a quick look at some of thes president obama has appointed. van jones, remember that one who called republicans the a word and not awesome? kevin jennings, the safe cool czar. herb allison was the t.a.r.p. czar. elizabeth warren, remember her? the one-one thousandth of whatever fraction, she was the native american? well, she was also on there as the consumer czar. carol browner was the global warming czar. so as judge points out, not a good history with czars not just in russia, but here. >> a global warming czar. i mean, this is, this is -- >> someone who can actually stop global warming with their magical fingers. >> what exactly is this czar going to do? absorb all of the ebola virus into his chest like a superhero? information czar is the one i

love because that's the one thing we're not getting, is information. >> and that's a good point. i spoke with tommy thompson yesterday, former governor of wisconsin, also the former head of health and human services who's been very outspoken, very critical of this administration's handling of ebola. he just tweeted this out moments ago. he said, quote: appointing a political ebola czar demonstrates administration did not take public health seriously. it did not have the right people in place. and, kirsten, now we're naming an ebola czar that has no medical background? isn't this more of the same? >> see, i actually disagree. i don't think that he needs to have a medical background. i think the people who had medical backgrounds were mishandling this. we saw how the cdc mishandled this. i think they need somebody who actually understands -- i mean, ron klain isn't just a bureaucrat. he was more of, i think, a political operative. you know, he was a political appointee in multiple administrations, and he's very well respected. i think that the goal is to have

somebody who can really kind of get people together, figure out what's going on and try to have some sort of process that just, honestly, does not exist with the people who understand the health issues -- >> somebody who's like in the military that's used to -- >> well, there are people outside the military who know how to organize people. >> you mentioned that he is a political operative, and i want to stay on that because we talked about a czar on this couch earlier this week. i said anybody but a political hack. >> i don't think he's a hack though. >> how can you say that, kirsten? he's basically biden's chief of staff -- >> how does that make him a hack? a chief of staff -- >> al gore, isn't he there just to do political damage control and not really fix the crisis -- >> is your argument seriously the vice president to the chief of staff is -- >> to prevent him from putting his foot in his mouth. >> -- is a hack? that's absurd. >> ron klain is a very smart guy. >> he is -- >> he is there to save the image of the democrats right there. >> he is there to orchestrate,

to make sure that there is a message that people are getting good information -- manager they have not been getting -- something they have not been getting, and that is problematic, it causes fear, and i think he's there to be somebody who can try to get a group of people together that clearly don't know what they're doing -- >> and try to have some sort of process. >> the idea you think these infectious disease people are doing a good job? >> we never said that. >> look at the track record of czar appointees in the past that andrea just mentioned -- >> pick out the five czars that have been problem mat you can out of 40 people who have not been -- [inaudible conversations] >> you're pretending like the only people who ever were a czar in an administration is barack obama. are you -- >> here's my point -- harris -- >> i, i'd get rid of czars across the board. i don't care if it's -- >> let's get t harris in here. bill clinton never would have had someone appointed like this -- >> someone like this? this is character assassination

against ron klain. what is your problem with ron klain? >> ron klain was responsible for the character assassination of clarence thomas. >> what -- how is he -- >> ron klain is, really, the only person who's responsible for how thomas was treated in i mean, how -- >> ron klain being -- >> the coach of message coaches, al gore. >> i don't understand where you're getting this information that a ron klain is like this nefarious person. >> he's a hack. >> it's character assassination. >> he's a political hack. go ahead, harris. >> you were asking me about leadership styles, and i do find it interesting that after all of the medical speak that we have heard, and some would say untruths that we've heard from the lectern where the cdc has stood at times and told us different ways that this was contagious and then given us other ways, told us that this would not spread to health care workers and that it did, out of all of that, what we've been calling for is a point person who could talk to us like human

beings. i would say and, judge, i know you pretty well, that an attorney at least can do one thing, and that is put forth an argument that the jurors can understand. >> right. you have to be able to break it down. >> so if there's information that's not getting disseminated and this guy can make it more digestible, i'm all for that. but the point about comparing president obama to president clinton is a fair one because president clinton would have stood up and done this himself. he would have felt the pain of it, and i'm not trying to be flippant by that. it is interesting -- >> i think you're saying he would have led us through this. >> a difference in the leadership styles. if we want to stay within a certain party -- >> i love how republicans love bill clinton so much now. >> out of the democrat party and look at the options who would have been there, i pulley understood why andrea would have said rudy giuliani this week because he dealt with anthrax -- >> i can't believe you're attacking obama -- >> if you just want to talk,

i'll be quiet. >> you guys are just on this, like, the attack against -- >> no. [inaudible conversations] >> i'll remind everybody that it was not just democrats or obama's administration that wanted the. john mccain, senator john mccain came out, of all people, and was -- >> and i have said it too. but anybody that is not a political hack, judge. i mean, i'm sorry, kirsten, have you read his resumé? it's like having karl rove as, say, bush's anthrax czar. would you -- >> i'm sorry carl was so offensive to you. what's wrong the karl rove? >> because he wouldn't have a background -- >> you don't need a background in -- >> he's a political person. [inaudible conversations] >> better than jen psaki, but, you know -- >> why do we have to appoint one person czar in order to get the information we need? >> you know why? because we've had misinformation. >> clinton would not have --

>> clearly. but i think what americans want is not somebody out will just to speak, i think what they want is action. they see the ebola risk growing day by day, and they want something concrete done. >> we have a person to do this, this would be the surgeon general. i've been asking where is the acting surgeon general in all of this, and i understand that the person the president had nominated is in kind of a political web right now. conservatives don't like certain things about him, and those are legitimate issues, but all politics aside, we do have somebody who plays the role of being the spokesperson for the governor in a crisis -- >> and why hasn't the surgeon general been explaining to us how you catch it? because we've heard it's so difficult to catch, they pretty much have to bleed on you, and then you hear, well, it does get find in saliva -- >> that's an excellent question that i don't know that ron klain will be able to answer effectively. >> he's there to do damage control for democrats and specifically for political reasons. sandra, i'd love to know what

you think about maybe someone from the private sector, a former ceo of a company -- >> somebody who has proven leadership styles would certainly help, but i wish the camera was on kirsten's face -- >> she's making all sorts of faces at me. >> she is. >> kirsten, maybe you should have the last word. >> we really do like each other. >> they do. >> forcing church pastors to hand over their sermons, is it a case of government violating free speech and what happens with the separation of church and state? plus, having a newborn baby was no excuse to delay a hearing. did the judge cross the line bigtime? ♪ ♪ ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

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she's houston's first openly-lesbian mayor and church leaders who refuse to comply would be held in contempt of court. one of the pastors spoke out earlier. watch. >> they wanted my sermons and e-mails and texts and anything that had been said about the equal right ordnance or homosexuality or including mayor parker, if i'd ever said anything about her. communication with the congregation, wanted any of that. i'm very willing for the mayor and the city attorney to have all of my sermons if they'll agree to read them. i would give them to them, but i'm not willing to hand them over because the state has demanded that i do that. >> boy, i have so many questions about the separation of church and state here, you know, that we've heard so much from the rafters in this argument, because this has exploded in the state of texas. after all the media attention, the city has now announced it will narrow the language of the

subpoenas. but some are calling for the city to drop them altogether. judge, i'm coming to you first. >> how did i see that coming? >> talk to me about just how broad this was. i want to tell everybody what they're looking for: the speeches, the presentations, the sermons, the petition that the pastors are putting forth against some of the writing in the antidiscrimination laws that they were putting forth, anything that the pastors had planned to say about the mayor, anything they plan to say about ed by, revised by, approved by you or anyone in your possession. that's, like, just hand over the church, why don't you. >> yeah. um, it's not really a separation of church and state issue because it's not the state trying to promulgate a religion or encourage a particular religious belief -- >> what about stop snit. >> it is absolutely a violation on a couple of levels as to the freedom of speech, because anything that chills speech can violate the first amendment. so when you're telling pastors,

hey, we're going to subpoena all of your sermons, you're creating this atmosphere where they may not feel comfortable saying the things they were going to say to their parishioners. it's also an intrusion into the free only of re-- freedom of religion as well because if you are seeking to prevent them from, let's say, their religious belief they feel that homosexuality's a sin and you're aware you're subpoenaing it because are you preaching that? is then you're traipsing over their rights as well. hugely overbroad, but i don't think they can narrow it. >> why not? >> i think no matter what they do, they're -- you know, the government very often has a legitimate state interest that they want to pursue with a subpoena, but they can't. i'm sure that the government would love to get a defendant and subpoena him and say tell me how this crime was -- >> what's the crime sneer i don't understand. what are -- crime here? i don't understand. >> i think there's an ordnance at issue -- >> the anti-discrimination -- >> exactly. and i think what's happening is

the mayor's concerned that the pastors are preaching to their congregation about this is going to cause -- >> judge -- i think one of the arguments men -- >> they didn't want the pastors -- >> there was a keyword there, i think the mayor's intention. that's key because she will not even explain -- >> didn't even know it was happening. >> if she subpoenas anything you're saying about the mayor? please. that's hugely overbroad by itself. >> so the mayor has said she didn't know this was happening and they didn't check their facts to find out that an outside legal group was looking at this. in fact, let's put up that tweet, because she tweeted after midnight a couple nights ago that she had no idea that this is happening and that people should always check their facts. >> okay -- >> before they go forward. >> she must have a terrible manager. the reason she's backed off and claims she opportunity know is because it's backfired politically, sandra, hugely. a huge story across the country

focusing on what i think, judge, is a clear violation of the first amendment. >> kirsten? >> oh, yeah. i mean, this is such a blatant violation of the first amendment. it's so chilling. and these anti-discrimination statutes, the way that they're being sort of implemented, i think, is very scary and very chilling as well because it, basically, they're deciding what your views are supposed to be on certain things, and they're now trying to legislate it. and they're trying to legislate speech which i just can't imagine will make it very far if in terms of -- in terms of the supreme court. >> yeah. and i know just so the audience knows, can kirsten is writing about because this this is someg that you really take issue with. maybe another time we'll talk more about it. for now, police are continuing their criminal investigation into claims of hazing and sexual abuse that went on within a high school's football team for years. and now punishment may be on the table for the team's longtime coach. the details coming in. plus, new developments in

another shocking story involving a high school footballing player. an 18-year-old accused of raping two women but still being allowed to play on the field. stay close. ♪ ♪ sweered lobster'sory! endless shrimp ends soon! the year's largest variety. like new spicy siriacha shrimp, or parmesan shrimp scampi. as much as you like, any way you like. but it won't last long, so hurry in today. and sea food differently.

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i did it. you can too. ♪ ♪ >> welcome back to "outnumbered." developing now in the hazing scandal that ended this football season for a high school powerhouse, the growing speculation over the fate of the coaching staff including the team's long-time head coach. the school superintendent in sayreville new jersey, reported weighing disciplinary action which could result firing saying alleged incidents of abuse, the details too sickening to mention on tv, went on for years, the hazing scandal rocking the town that loves its "friday night lights" and how questions could such behavior could be tolerated a football coach with 40 years

of experience, telling new york times, a good coach develops i have your back mentality among your players. who had the backs of the kids victimized in sayreville? nobody. that is huge dismeantment. it makes you sick. judge, it really does when you details of this so-called hazing going on at this football team. >> almost penn state all over again but not at that level. but how do coaches, i remember my coaches. in high school, they did two things, controlled you in the locker room, when you were off the field. made sure it didn't get out of control and paddled they don't do anymore. they're not paddling or controlling locker room. how could this go on for years and have coaches that didn't know? either you are lying or you did know an criminally prosecuted or completely incompetent and you should be fired. >> based on what we know about this story, kirsten, do you think there should be firings and accountability at the coaching staff level then? >> i do, yeah. this is just, i don't get the

hazing stuff. i mean i just don't understand this kind of culture. so, but i do think, even if kids will do stupid things, the adults have to be responsible. >> right. >> and just really impossible for me to believe they didn't know what was going on. >> tough for parents too, who send their kids to school, get on football team and this stuff was going under coach's noses. >> the head coach who has been there for 20 years, had a conversation day before the game was canceled and rest of the games were canceled this is interesting, from students who don't want to come forth publicly but the prosecutor's office is talking to them. what he said was, in the locker room, he said, do i need to be in here? he knew something. i trust you guys, but can i not trust you now? do i have to come into the locker room? had he gotten wind of something? had he seen something? we don't know. that is part of the investigation now and that was new information this morning. >> judge, do you trust the

school to conduct its own investigation here? as you know some of the players have been charged as ad adults. a lot of people are concerned because they are juveniles. some right on that cusp there. but do you trust that because law enforcement isn't getting involved with the coaches, that the school can do pretty accurate job and good job getting to bottom of whether they knew? >> having been on the he criminal court bench, i don't trust anybody. i don't trust you guys. >> oh. >> we didn't fight yet. >> i want to know who you -- [inaudible] rule on who won. we'll get to that later. >> saw the two of you going at it i started to shift over this way. >> you were getting closer. >> the reason i don't trust the school. the reason i don't trust the school to do investigations they have a financial interest. the lawsuits will be coming. the school board and school will be hit with them. anybody with a financial interest i do not have faith in a clear, aboveboard transparent investigation. >> judge, would you try these kids as adults, these juveniles in what they did? >> in all fairness the details i

read are not very detailed. it sounds horrible but i didn't get details of exactly what happened. but there was one that, they call it a sex you'll contact or something, clearly was a sexual rape of some sort but they didn't give all the details. that one i think should be tried as an adult. you don't take a crime that serious and treat it as a juvenile. >> on to this story. a washington state high school football player who is facing now two rape charges has decided to quit the team. 18-year-old tyler smith was arrested last month for allegedly raping a girl over the summer. he reportedly told investigators the girl said no but he thought she was saying no for pleasure. and not to stop having sex. and while working on the case, detectives learned he may have also sexually assaulted another girl in december 2012. friends say they are shocked and the school district saying that the legal process has to play out. >> he was always a good kid. with a smile on his face.

willing to help out someone. he would give you a few bucks to help you out, you know. i don't really see him doing any of that really. he is a good kid. >> what happened is, is absolutely unacceptable, if the allegations are true. but at this point, those are allegations and we have a legal system that says you're innocent until proven guilty. and so we're relying upon the legal system to help us. >> although smith did decide to quit the team because he didn't want to be distraction for the players, it doesn't change the fact he was still allowed to play on the team and stay in school despite the charges. judge, these are difficult cases and many times you hear the community in which these kids live, speak out and say they were shocked. he was a nice guy. he was my friend. and it is a bit of a shock. >> it is a shock but as you pointed out, there are horrible charges and a lot of people, they, a lot of people stumble over the whole presumption of

innocence clause and apply it to places where it doesn't really belong. for example, if you had a babysitter and the babysitter was arrested and charged with, you know, sexual assault on minor, would you leave that person as your babysitter? >> of course not. >> of course not. they haven't been proven. they're presumed innocent. i don't care. the presumption of a innocence is a legal presumption. >> great example. >> we give to the jurors so when they, we don't want innocent people convicted. so we want jurors who will take somebody that they see in the courtroom, even if they walked in, i wonder what he did, we tell them you need to presume he is innocent and force the state to prove he is guilty and force them to prove it beyond every reasonable doubt. that way we know we're not convicting a innocent person. doesn't mean outside of court you have to have mentality. when i go on shows and give legal commentary, the casey anthony case, prime example. from day one i was saying that girl murdered her daughter. i could tell the evidence was coming out. if i were judge i step out of my

body, presume her innocent. make them prove it. it is not always easy to do. we ask jurors to do a difficult thing. doesn't mean out the public, this guy is accused of raping two women. he pretty much admitted to having sex even when they said no, but we'll keep him on the team because of presumption of innocence. that is wrong. >> tough. the other complicating factor, we saw the superintendent double down, said it more than once, defending a decision to keep the kid playing. what i find interesting about that is, this is not happening in a vacuum. look what is going on with domestic violence case notice nfl i have to question, adults in the situation, the superintendent, are they not paying attention to what is happening at other levels? that presumption of innocence isn't keeping some of the people in the nfl, the league leaders from making tough decisions now, because of public gotten involved? >> i was going to ask you, judge, would you apply that same theory to professional sports? >> no. i wouldn't apply it. i think it is, you won't remember this because you

probably all weren't born, back in 1995, nebraska had a football player had a who grabbed his girl french and dragged her down the stairs. the coach had him play. it is all about the money. was off the team but we're suspending him indefinitely, and hours later he was back playing. >> all the players get arrested period or whether there is presumption of innocence or due process you would say no games? >> i would case-by-case basis. i wouldn't say, if you're arrested for anything you're off the team. would i say, depends on the facts. what's alleged. you have to do it on case-by-case basis. >> great to have you here. >> thank you. >> difficult cases. we will keep watching them. oops, by the way it happened again. another male democrat attacking female republican opponent for her work background. is this becoming a sexist trend among candidates? a move that releases criminal illegal aliens back to the street is also costing taxpayers a lot, a lot of money. we'll explain in a live report.

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>> fox news alert. taking a look at wall street. the dow jones industrial average jumping about 300 points with a couple of hours still left in trading. the wild week on wall street continues. we had to bring this to your attention. that is nearly a 2% gain. maybe just a little bit of a relief after the dow lost about 1,000 points over a five-day period. still a lot of concerns out there, folks, but a little bit of good news today. a better than expected read on consumer confidence. some good news on the housing market in the united states. providing a little bit of relief now. the dow now up 300 points. >> here we go again, another democratic male candidate is under fire for what some say was sexist attack on republican opponent over her work history. at a campaign in event in

august, virginia democrat john foust questioned barbara comstock's commitment to jobs. in her mind that is giving tax benefits to special interests and super healthy. i don't think she even had a real job. he later backtracked but in new television interview the interviewer pointed out comstock is a mom, virginia delegate and worked on capitol hill. foust wanted to clarify his comments and say they're real jobs but hyper partisan. this is similar to another attack we told but last week in a congressional race in up state new york. democrat aaron wolf slammed his female opponent for never having worked a manuel labor job. >> she has live ad very white-collar life. i don't know if you ever worked manually for a living like i have and i'm certainly annette probably has. i don't know that you can say something to 49-year-old working with their body, with their hand. very different thing than sitting behind a desk and operating a computer.

>> andrea what is he talking about? >> she worked in her family business. >> is this sexist, that is the first question. that was a different case against elise stefanik. foust is saying things against barbara comstock. i guess, kirsten, not to bring up the debate earlier in the show, what would he say about the ebola czar. he had similar resume'. never had a real job. sorry. >> is there a dow czar because he is kicking butt. or she. >> is this a party thing? i wonder, only reason i ask that, if we look back in history, remember when john kerry's wife said, or said laura bush, first lady laura bush never had a real job and turned out she had been a librarian? >> i think what he was saying, referring to her being a mom, that would be offensive and

sexist. what it seems he was criticizing her for being a lobbiest or something like that. and he doesn't just seem very attuned to, what this sound like, think to a lot of women. >> i'm going to throw up a red flag because i just don't think we hear male, you know, male candidates attacking male candidates on never held a real job before. you never hear it. >> since i'm feeling more comfortable now, let me just go ahead -- >> uh-oh, here is comes. >> let me go ahead and enter the confessional, okay? when i was a lawyer and my wife was pregnant and we had a baby and second was on the way and she decided, you know what? i think i want to stay home and raise the kids. and i said, i would love to stay home and raise the kids. why do you get to stay home and raise the kids? that sounds like a great gig. we agreed. she got sick. one day i had to stay home. i had to take care of kids one day. by end of the day, at end of day

if i was a police officer and had ready access to a gun, i would have shot myself. it was a hard job. she was in sick, and i said, you really want to do this? she said, yes. i said god bless you. >> i know barbara comstock. she is a stud. she is a smart, smart woman. i don't know why he would use that kind of attack and -- >> it is lowbrow. >> the other thing -- >> right. a monster storm with a tropical paradise in its sights. we're attracting gonzalo as it approach as popular resort dedication with a powerful hurricane. plus a attorney accusing the judge of sexism as she was forced to bring weeks old baby because after court hearing that the judge refused to postpone. does she have a case against the judge? i'm over the hill.

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>> moreout numbered in just a moment, let's get to jon scott which is what is happening in the next hour of "happening now." jon: report on powerful military weaponry that terrorists have captured and what they are planning to do with it. plus, three young lives cut short playing the game they love and more kids sidelined by

serious head injuries. there's a new high-tech helmet that could be the answer to keeping your kids safe. we'll tell you about that. a popular young teacher killed in cold blood. her young child found at the crime scene. the trial is underway for one of two people charged in this gruesome murder and the new twist in a case that pits husband against wife. we have it. "happening now." sandra? >> thank you, jon. >> thanks. >> an attorney is fighting back after a judge denies her request to delay a hearing while she was on maternity leave. she filed a complaint saying she was forced to show up in court with her weeks old daughter because the judge didn't think there was just cause to put it off. she said her newborn is too young for day care and has no family in the area. she said the judge ridiculed her when the child started to cry and questioned her ability to be a parent. >> wow. >> sis since then the judge reportedly agreed to a delay until after the doctor clears her to work. of the kirsten, are you an attorney? >> no, i'm a law school dropout.

>> close enough. >> i got year-and-a-half. i have enough information to be dangerous. >> close enough. what do you think about, first of all, let me get it out of the way. i don't think the judge did anything wrong here. >> really? >> no. i just said that because i want every woman in america to snap her head back at the tv. totally disagree with the judge but i want to hear what -- >> first of all, ridiculing somebody when your baby is crying? that's horrible. i mean, so, but, i guess, what is the, what are the rules in this situation if somebody has a young child and they, can you get, i mean, usually we can get out of the going to court for jury duty or whatever if you have a conflict. >> judges have a lot of discretion. judges can grant and deny continuances at whim. in the criminal case you have the peril of retrying the case. my perspective is, we have hundreds of cases. some have thousands of cases. so this woman is on maternity leave. why would you deny it? >> yeah. >> his point apparently he made,

wait a minute you took this case a month ago and you knew at time you were going on maternity leave and hearing was set. so what? it is an immigration case. not somebody who is avoiding being criminally prosecuted. he will still be here when she gets off maternity leave. >> can i be devil's advocate. this is the third request. people say she never should have taken the case. there are needs of the docket and should be put above the need of petitioner. >> this is my response. this was her third adjournment request, because other cases falling during her maternity leave. not that this case came up three times, and continued, continued. >> she took this case a month before. should sheave taken the case? do you see a problem with that? >> i don't see a problem with. that you're saying to pregnant women, can you earn your keep. >> should a person leave their baby in hands of someone else and went as far as to ridicule

here, not for bringing the baby to the court house but exposing germs to the court house. he was pretty harsh. >> she called her pediatrician. i don't know what to do. my husband is truck driver. he is on the road. judge ordered me to court. the pediatrician said keep her close to your body, facing you, you should be fine and the judge ripped into her. >> we found him. the world's only living heart donor is that judge. >> pregnant women, they could have some crazy, cravings sometimes. you have heard of pickles, ice cream. but when it comes to chocolate, one study says there is simply no biological reason to crave it. so what gives? ♪

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>> so why do moms to be crave so much chocolate? >> not because they are eating for two. can't blame the science. they also claim no link to hormones.

it is the only time they eat forbidden foods and not feel guilty about them and that is all driven by unrealistic of beauty. >> you crave pickles and ice cream? >> it is noon eastern that we start on the east coast. we moms like to eat, sandra. what do you like to eat when you are pregnant? >> i crave citrus and chocolate and i am craving them right now because i am pregnant. >> congratulations. >> i love that. and the secret is out. and there is something to that. and i think people have cravings all of the time. >> here you go, sandra. >> lots of chocolate. >> wait, wait. >> i am craving these. >> you can't keep the chocolate

it is for sandra. >> it is a parting gift. my husband and i are expecting our second child and coming in the end of the year. >> you look great. >> and we'll have a hash tag one lucky baby and first outnumbered baby and inspiration for one lucky guy. >> alex is a good name for boyor girl. >> that's true. >> your youngest is 16 or 17 months. >> 17 months. >> god bless you guys. that is it for the tv version of outnumbered and we don't have outnumbered on the web today. we got so much free legal advice. >> you will get the bill.

>> give him some of that chocolate. >> "happening now" starts right now. >> congratulations, sandra. fox news alert recovering from ebola speaks out from the hospital bed as she fights to get back on her feet. this is "happening now". the first person to contract ebola speaks from her are hospital bed as nina pham is encouraged to keep her spirits high. >> more frontier passengers notified they flew on the same plane as the other texas nurse infected with the deadly virus. plus, from pee wee to pro. football is a fan favorite in the country. but the