a friendship with you. >> i love the show. >> you are staying with outnumber over time on the web. not tv version but over time web version. "happening now" is now. >> we begin with a fox alert. first nurse floi flaggedurn a manatory ebola quarentine is free to go. but the bad feelings are smoking hot. >> the nurse called her treatment in the new jersey hospital inhumane and wasting no time blasting chris christy. >> and the debate over the ebola quarentine with the white house criticizing the measures. what is next in the fight to stop the deadly virus in the u.s.? >> one of the greatest fears are those in the united states, home grown terror in canada and here

at home. law makers scramble for ways to keep us safe. what is done to stop the copycats. >> americans don't necessarily like technical means. >> and molten lavafrom a volcano in hawaii threatening hundreds of home. >> this is home to me and lived here all of my life. >> the latest from the big island, all "happening now". but first, more on our top story. the debate over mandatory ebola quarentine for health carr workers is turning into a political battle. several states are going their own way and getting push back from the white house. welcome to "happening now". i am jon scott.

>> and i am shannone bream. a nurse released from quarentine in new jersey after threatening to sue the government over her confinement. and now the fight between obama and the states is playing out. >> weppedall has more on this now. >> the white house is leaning on the governors of new york and new jersey to avoid quarentining health care workers returning from west africa. but the officials have yet to make public their on or about guidelines. the president met with the national security team. the senior official said we have concerns about the unintended policies not grounded on science and efforts to combat ebola in west afri ca. a nurse from maine was returning for sierra leon.

she is released after her slightly elevated temperature went down. she is taken home by a private carrier. new jersey governor chris christy acted after a new's crew didn't self quarentine. >> they were walking around the streets of princeton. the fact of the matter is, i don't believe we can count on a voluntary system. >> reporter: the they are visiting the three counsel rows hit by the ebola outbreak. how will they treat powers entourage and if they will go under mandatory temperature testing. virginia announced all three people coming back will required to take their temperature 21

days and the army is quarentining men and women for 21 days in italy to make sure they are ebola free before coming back to this country. >> wendal thank you. >> democrats seem more divided. they are blaming president obama for their struggles. we have our guests with us. >> cheryl, start with you. is it managing expectations and setting things up so the democrats can gracefully say come november 4th, we did our best and the president is to blame? >> right, it is part of the initial stage of the blame game. when things head south and polling memos come out and people toss blame and

accusations of who will be responsible for the mess that will happen for democrats on november 4th. democrats outside of the white house are pointing the blame at the white house and frustrated on how little the president has done in terms of organizing and getting people to turn out on november 4th. >> mike, the president has continued to fund raise and raked in a lot of cash and so he's doing well on that front. but with the candidates seen with him on the campaign trail, that is where they draw the line? >> that is the best thing obama can do in the political environment and the money has been spent well. a lot of the races you think republicans would run away, but the democrats are holding and that has to do with money. they are outspending the republicans on the ads. and president obama is going out

there and saying things, as he said in the week and half my policies are on a ballot and on a hip- hop radio station saying vote for michelle nun and we will keep things going. this may turn out the black voers in georgia, for instance, but that will turn off the spring voters. he needs to be doing things for the democratic base but not catching the people in the middle that democrats need to hold on. >> generally mid- term and off presidential elections don't go well for the presidents in this term. and saying that the gop is convinced voters nationwide they are the better party, is this a cycle? >> it does have to do with the sidewalkle. the white house can say wait, guys this is not our fault.

they look at senators that the president lost by double-digit margins. it is something that the guys are running and in the fight at all give the president's approval rating in arkansas and north carolina and georgia. they are keeping it in contention in all of the red states. >> mike, if a the president doesn't control either house of congress. he has a long two years left. do you think that democrats will rally to him? or will we so a break for him if the congress is controlled by republicans and we have a democrat in the white house? >> history dictates they will not run from president obama and that's why they are in trouble. they voted with him so often, even if it hurt them

politically. the president does become a lame duck. and the democrats in the the house and senate are looking beyond the president's own term and looking 4, 6, 8 years ahead. and they will have a break. and president obama will continue to decloin in his influence. i want to say one quick thing about the states where the democrats are hanging on and saying that the map favors republicans. colorado, iowa and north carolina, these are states that president obama won once or twice. and now republicans are doing well, particularly in colorado. i think it suggests that president obama is on the ballot and his agenda and promise from six years ago. it is not working out so well for the democrats. >> cheryl, quick comment from you. do you think that the democrats

will rally, or are they some what powerless and only have technical tools on the hill. you think they will want to deputy on. and they say i want to think about my political future now. >> it is going to be extended majority. and as a result the caucus will be more diverse. you will get moderate republicans in the senate. and that is not -- i don't mean to get ahead of ourselves. but the 2016or opposite of the 2014. you have them up for leelection and in the blue states. they may work with democrats more than you might expect because of the dynamics of their own future. >> we would like to so them get

something done on the hill. >> we'll continue. and top republicans are facing anxiety in the run up to the midterms in the closely watched senate race in georgia, the candidates are in a virtual tie, despite that state being reliably gop. johnrobers is live in atlanta with the latest. >> reporter: in recent years it has been, jon. and the race for senate in georgia, is one of the most important race of the midterms. if republicans lose it could snatch control of the september from them. david perdow is campaigning with senators rand 35u8 and ted cruz coming out for him. he is fighting back on the tax and ceo. he said he will use that business experience to create jobs. in a turn out here is going to be co.

the polls have him in a dead heat with nun. it is a low proo come out and show up on election day. bow have so many republican voters that don't vote in the cycle. i talk to them about the issues he said nun's first vote would be to reinstate harry redid. nun sounds more republican than democrats and in a debate last night indicated her support for harry reid is not a lock. >> right now, i will tell you that there are real reasons to say to harry reid and mitch mcconnell that we need to do something difficult and reshape

the nature of the political discourse and culture in washington. >> if michelle nun hopes to win she needs to win over moderate women and african-americans. it could go to a run off and control of the senate may not be decided until january 6th of next year. that's the run off date. >> that is after the senate is supposed to be in session, right? >> they would have to delay the swearing in of the 114. >> what a race. >> remarkable. >> and a seattle community in grief and shock. a tragic update. and the live situation in hawaii. molten lava is threatening one town. >> do you agree with a mandatory 21 day quarentine with people come in contact with ebola

patients? go to fox news opinion com/"happening now" now. and click on our conversation. $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years, that retirement challenge might not seem so big after all. ♪

the death toll of a high school shooting near seattle rising. a 14-year-old girl died in washington in the hospital. the first victim was killed when jalen fryberg opened fire in the school cafeteria before being shot himself. three other students are hospitalized. one is upgraded to satisfactory condition and breathing on his own. >> it was a big woke week for u.s. marines and british forces serving in afghanistan. they served in a violent province. jennifer has that. >> reporter: i remember the night the marines were sent in

the helberg province. it became camp leatherneck. yesterday the flag was lowered and the british marines lowered their flag. and it is the setting of toughest fighting in afghanistan in five years. in sarsa and it is whether 80 percent of the afghanistan opium. and last year saw the largest poppy cop. and britain's defense secretary admitted to the bbc that mistakes were made in afghanistan. >> i think the generals are clear mistakes were made militarily and mistakes were made by the poll cisions at the time. it goes back 10-13 years sometime now. >> and now up to the afghan

troops and members of the army's two 15th core handed the 6500 acre military base complex. and the base that the u.s. and coalition allies spent 230 million to build. this part of the counsel row has been a taliban strong hold and indications that it is gaining momentum. few in the u.s. military doubt that the taliban will take it as soon as the u.s. leaves. >> the day of reckoning for a doomed south korean ferry. what prosecutors are demanding. lone wolf terrorist carrying out attacks for isis in north america. the danger they could pose.

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and get 50 megabits per second for $89.95. comcast business. built for business. >> a fox news alert. listen to the daily briefing at the white house. >> so the role for the cvc is marshal scientific evidence. as i mentioned centers for disease control has extensive experience in dealing with ebola outbreaks. there is a benefited medical science devoted to understand how the ebola virus is transmitted. that science tells us that the likely hod of a widespread outbreak and low and the risk to the american citizen is low. it is described as vanishing low. >> there is a potential for different states to have different protocols?

>> there is a potential for governors and mayors and specific jurisdictions to exercise the authority they have and impose a quarentine policy. what the obama administration. >> is it messy with the different states that have different guidelines. >> he can take it up with james madison. >> jim, we have a strong working relationship between the obama administration and states and cities all over the country, and the best evidence of that is something that was announced today. by working with cvc, the state of new jersey determined to release her from the hospital where she has been in new jersey so she can travel home to maine. that reflects ongoing discussions between the centers

for disease control and government of new jersey. that was driven by the kinds of scientific expertise that reside sides in the centers for disease control. >> speaking of casy. what did the president make of seeing her in the tent and hospital where she would be required to be. and does the white house believe her rights were violated in any way. >> i have not spoken to the president about this. i am unaware of his personal reaction. the reaction that many people in the country and was shared by some people in the white house, is that the service of somebody like casy hitcox. we should honor and respect. she travelled to a west african country that is dealing with the

deadly disease. she didn't travel because she was getting a paycheck. and presumably not inducted in the nurse's hall of fame. she did it to serve people that are clearly not as fortunate as we are to have a modern medical infrastructure. and because of her hard work we'll stop the disease in west africa and this is the only way to eliminate the risk to the american people. her service and commitment is honored and respected and we don't do that by making her live in a tent. >> and josh earnest, the white house trying to get its arms around the ebola virus. the states of new york and new jersey, required medical workers coming back from the infected nations in west africa.

they had to submit themselves for mandatory quarentine. and the white house said the cvc will issue guidelines later today. there is all kinds of arguing between the state and federal government how to best take care of the population and take care of workers coming back from infected countries. we'll continue to listen to. samantha powers is touring those nations herself. will she have to be quarentined when she comes back. >> in the meantime, the recruitment of lone wolf terrorist who carry out attacks in the name of isis is playing out on line and posing a major threat to america. they are using social media to reach people like the gunman who went on a rampage.

and now a top law maker said it is time to think outside of the box. >> the police and military have to be on guard. it is very different. halls of congress have to be on guard, the way the government government was penetrated. you had a sergeant at arms who took action and killed the perpetrator. i think we need to think in new ways. >> but how. walean ferris is a terrorism analyst and author of the "the lost spring. ". and walid, do you agree with senator feinstein and what advice would you give about how to stop the lone wolves. >> i agree with the senators that we need new ideas and strategies and should have had

them many years ago. lone wolves are not a new species. what we see right now, isis is using them because of the internet and many other other thanes. >> for those lone wolves to exit, they are produced by an ideology and unfingerprintly the government and administration has not dealt with the ideology. >> and isis is only shopping for them. and they are not creating then. oh, you exist. these are the targets. and go about them. >> how do you defeat the ideology when that is a matter of ideals? when they are spread by a organized network and not necessarily jihaddist.

go after them. and wait for them to have weapons and what we need to do, is having other items in the battle of ideas and working with ngo's andmoderates. they can get to the individuals before they become terrorist. >> if there is an organized campaign to reach out to the internet like michael in france, the guy in canada who was killed trying to attack the apartment building. how do you get the guy ahead of the ad californiaivation. >> and the putt put is byures. and the most important one is

the production of >>. we need more effort in that wield. >> there is chosing the of the targets if afternoon & we are only doing the around the world to focus mostly on the first chapter. >> let's hope they listen to your advice in washington. >> walid, thank you. >> thank you for having me. health care.goff in round two. many were frustrated and concerns. and we'll have the big concerns. >> and a nurse is released after threatening to suit the government. does she have's chase.

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officer in the army that is quarentine. we are terms that it is broader than that. the joint chiefs recommended to secretary hagel that all troops in the hot zone should come back and have a 21 day quarentine. does the white house agree with the joint chiefs. >> it is the responsibility of secretary of defense to put in the policy. i will not get ahead. >> so the white house will not be involved. and doing n >> and i think i said the second of defense will ashes nouns the condition. he is making the sdilgzs. >> i went roll on the the about

whether returning troops should be's the a northbounds unsment. >> how do udz and how could thtt not have been decided before? >> what we are seeing, ed. this administration put in place the policies that are necessary to protect the american people in troops. and we are going to let science drive that process and soon as we have a policy we'll let you know. >> reporter: you heard the nurses that treated mr. duncan. despite the calk talk of procedure and protocols. they were not followed and the nurses dealt with horrific situations. i am trying to understand. the troops are doing and helping and how can they not have a plan

in place before or during the herroric work. i don't understand. >> it seems like we are still waiting and telling this. the troops are in the hoot zone now. >> let's be clear. there are a couple of things our troops are doing. the vaeft number of them are not in countries by bullbull. senegal is a neighboring country to assist and get supplies and personnel where they can do the areas. no department of defense personnel is 99 the doctors talked about this yesterday, too. it is important for us to

assessment in a help it is different than a tan correctsly >> you don't know the risk? >> we do know the risk. we about there is awe. >> josh earnest, white house poept man for xhupgz. nnonposition on quarentines and other issues for u.s. troops who are going to the efrican is how long this they be quarentined when they come back to the united states? >> as you know, a doctor volunteer treating patients for doctors without borders came back to the study. ando there are a great number of

controversies and the white house is trying to help. >> and you will remember the nurse quarentined in new jersey and said she was left in inhumane conditions and hired a lawyer and threatening to sue. and she's sense been released. we have criminal defense attorney. ladies, this raises so many different anies. you heard josh earnest pushed on this over and over again. whether the states have the right to do anything. there were medical emergencies and different states have different roles. would she have a case if she had a case. >> we need to determine the appropriate means and in the institution it has to be least

restrictive. and can it be at home? they are the things that go in to the determination of least restrictive means and i am glad governor christie set his foot down. >> essentially he has millions of residents to protect. this is my best choice and elected to take care of the people. >> he's right. the states have a right to impose a quarentine in this or similar cases. they have a doubt to protect the health and safety. there is a 21- day envuitation. >> and they have been exposed and it is a throw. >> they areieding her bread and

water. she has no right to sue did you see that. and did you hear her on another network. she had a tent. and no where to take a shower and if we are going to have quarentines and there you can see the set up. there needs to be better prepation. and if people have conditions. >> our troops should not be kept in tents with no running water. it has to be reasonable. it is not what the administration wants to you think it s. the question is, is it reasonable? restrictive enough and allows people to live their lives? >> we can't take them out for a stroll like dr. spencer when

he felt fine and didn't test. i don't think it is okay to have ebola meat balls. there is no such thing as a dry sneeze. we have to be harsh and let these people stay quarentined. >> it looks like there was pressure on governor cuomo and softening and say 21 days in their home or apartment where they will be family and more comfortable. what about everybody who lives in the building. you are talking about this city alone. >> but taking away the right of privacy and liberty. that is serious. and when justice berger spoke on quarentined with regard to tb's. it has to be the least restrictive. we need to find out the law and

medicine. and home quarentine seems to be the way. the courts will decide this so we have the final word. >> that is the final word from this discussion. jon? >> and on this topic. a five-year-old boy, tested for ebola in new york city as a american doctor is in serious condition in the manhattan hospital. >> it sufficiency a rescue.

>> hey, everyone. i am grech ep carlsson. coming up on the real story, we'll show you a new ebola test that requires a drop of blood

and ten minutes to tell if you have the disease. what happens if you are the demand republican with no fresh water or food. it is a reality show. and check out this. thanks, kevin. >> how would you like to have a colpumpkin like this? we'll tell you how to get one in time of halloween, top of the hour. >> rescuers called out to the florida coast. the coast guard men out of the water and on to a tug boat. the victims were cleaning to a raft and all are suspected of being illegal immigrants. >> the cv c is looking at now guide lines. the world is watching new york city as bellview hospital treats a doctor with ebola and monitors

a five-year-old who developed a high fever after returning from west africa. it is sparking concerns that the u.s. is on the verge of an outbreak. we have a practice physician. what scares so many people federal authorities say we have nothing to worry about and we have a handle on it. and health care officials who are trained, they are the ones coming down with the virus. >> we have to base any policy on science and good sense and in certain situations, people exposed in the trenches and treating people with ebola it makes good sense to isolate or quarentine the people. >> the mayor of new york city said it is not fair, we have to treat them with respect and over in the trenches and doing good's

word and quarentining them would not be right. >> we have a fine balance between personal rights and public safeties. the leaders want to make sure they are safe. but we have scientific and compassion. >> and the nurse from new jersey, who was quarentined after she came back. i feel for her and her living conditions were not fun, but at the same time, if there is a prospect that she's carrying the virus you can't just let her wander around. >> she's had a negative testing for ebola and so at this point, it would not make sense to quarentine her. that is a response based on fear. >> what about the five-year-old who came back with his family and now all of the signs of

ebola, 103 fever and severe vomiting. >> they are exercising an abundant. and with the combination of travel history they assume it is ebola until proven otherwise. the ambulance and has mat suits and isolated him and protecting the health care workers and looking to identify all of the people with him. >> and the cases are spreading and that has so many people concerned. dr. radcliff, thank you. >> a frightening situation in the big island of hawaii. people are told to get ready to leave their homes at a moment's notice. >> it may be the dumbest criminal in the whole world. a guy called 911 and confessed

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right now, one not so smart criminal maybe kicking himself in his jail cell a group of burglars stole valuables from a home in new mexico. they thought they were in the clear until one of them accidently pocket dialed, you got it 911 and boy did the dispatcher get an earful. just listen to this. >> 911, state your emergency. >> basically robbed me, dude. [ bleep ] . >> police nabbed the three last

week. a community in hawaii now on alert as molt.lava advances toward their homes. patty app brown live in the newsroom with more on that story. patty app? >> the lava flow on hawaii's big island began in june. it has been slowly advancing and now threatening the largest town a half mile from the town's main street, now closed. and dozens of residents have been placed on alert, told to prepare for a possible evacuation at any time. the red cross is opening a shelter. the nearest home is at least 300 yards from the floe front, but it has already passed through a cemetery, covering grave sites. the floe stems from the kilauea vol cane know since 1983, most lava from its eruptions has flowed south. the past two years it has flowed northeast. its speed varies but authority says it has gotten faster lately. it's currently moving a rate of 15 to 20 yards per hour and has advanced more than 250 yards since saturday.

meanwhile, the hawaiian volcano observatory says methane explosions have been going off. it happens when decomposing vegetation causes methane gas to accumulate in neekts can ignite. tense times there, john. >> crazy to watch that stuff moving like that patty app brown, thank you. the obama administration now seems on a collision course with state leaders about how to stop ebola. even the u.n. is weighing in. we will have the latest just ahead. plus, a prized possession of mob boss al capone going up for sale. we will tell you what it is and how much it's gonna cost ya. (woman) the constipation and belly pain

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the notorious mobster lived there in the 1920s when he ran a massive bootlegging and gambling operation during prohibition. not clear if there are any remnants of those days in the house, but the realtor says it does come with a jacuzzi. >> well, that seals the deal then. there you go >> wouldn't buy a house without one of those, would you? >> never think about t thank you for joining us. >> yeah, "the real story with gretchen carlson" starts right now. thanks, guys. today on the real story, the pentagon putting a dozen u.s. troops returning from the ebola hot zone into quarantine. so, why is the pentagon's policy different that the white house and cdc's? president obama making more campaign appearances in the next eight days than he has all year. so why is he steering clear of the most competitive senate race? is it time to refinance your home again? mortgage rates tumbling. we will give you the real advice.