more to come on "out numbered over time" on the web. fox news.com/outnumbered. and asking us all about the last conversation. so you at noon eastern tomorrow. >> it is back to blood shed after a taste of freedom. gitmo detainees fighting with america's most dangerous enemies. this is "happening now". >> free to fight. former detainees back on the battlefield with isis terrorist. will they attack our troops again. plus, in a chilling admission. a mother killed her only son and she had no choice and now up to the jury to decide if she is guilty of murder. and a surfer. >> trying to kick it off.

>> attacked at sea. >> it was straight away. >> his epic battle with a deadly predator. it is all "happening now". but first more on our top story from gitmo. back to the battlefield freed terrorist suspects living to fight another day for isis. i am jon scott. >> i am shannon bream in for jenna lee. 30 detainees released from gitmo joined the islamic state in syria. confirming the military worst fears that terrorist would pick up where they left off given the chance. jennifer griffin is live with more in the pentagon. >> reporter: hi, shannon, fox news learned that the u.s. intelligence suspect 20- 30

former guantanamo bay detainees joined forces with isis. many hardest core fighters have been released in recent years and the militants are taken off of the battlefield and released from gitmo. according to defense officials, it offers a mixed picture. they are fighting with isis and some supporting the al-qaeda. and some on the ground in syria and some chose to help these groups from outside of the country, financi operation and supporting the isis' propaganda campaign. recent video show them wearing orange jumpsuits. there are are 149 prisoners are held. 90 are from yemen of the of the detainees released in the bush and obama administration. u.s. defense officials estimate

180 returned or suspected to return to the fight. former u.s. ambassador to iraq, james jeffries said he would not recommend releasing more gitmo detainees. they are religiously committed to the cause and hard to sort out who is going to stay at home and who will return to the battlefield. >> officials say many detainees who joined isis and other groups were released to europe and north africa and deemed too dangerous to be released to their native countries. and the countries lost track of them and many are appearing back on the the battlefield. 80 detainees eligible for transfer from guantanamo bay. >> what could go wrong? what does all of this mean in the fight against isis?

is the terrorist group winning? captain chuck nash is joining us live later this hour. >> as we hit the home stretch in the polling. conservative republicans are likely to win seats in the house f. that happens, life could be a challenge for house speaker boehner and mitch mcconnell. what kind of trouble might they face? we'll bring in the senior politic's writer for u.s. news and world report. first of all, jamie, why is it expected ten or more house seats would be won by conservative members? >> there would be more conservative members in the south. i am not so sure it would be overwhelming number of conservative house members coming to the house. there will not be much change over all. republicans will probably win

ten more seats and could cause more problems for mcconnell and boehner like we have seen in the last congress especially in the shutdown and defunding obama care movement. we may see more of those battles comes to the fore. >> it was seen the tea party pushed john boehner in a government shutdown which he didn't want. if there are more conservative in the upcoming house, does he have more of a problem herding them am >> it depends if the republicans get 8 or 10 or end up being bigger. same on the senate side. six they need or up 8 or 10? usually when a party has a big wave, there is a tendency to overroach. and sometimes conservatives may lurk and say this is a man date for us to challenge the president and try to repeal

obama care. and look, there is going to be 2016 looming all around this as well. we have senators cruz, and senators paul, and senators rubio that are thinking about presidential bid. they will try to cater to a republican base as we enter into the next legislative session. and house members will take cues from them. senator cruz met with the house caucus and plotting against speaker boehner over in a mexican restaurant on how best to strat jiez and that is speaker boehner's worst nightmare. >> and jamie, one would think that having a greater number of republicans in the house would work to john boehner's benefit. but according to some of the theories, it is not necessarily so or is it?

>> the problem or fight we'll see is less idea logical and more tactical and tempmental. and mitch mcconnell doesn't think he can defollow-upped obama care because they don't have 60 senators and president obama is still president of the united states. and then a letter from the senator's conservative fund associated with ted cruz saying mcconnell is just weak and he is push to defund obama care and put it before the president and best to have him veto and change the rules in the senate and make the nuclear option apply to legislation if you have to do that. we are seeing the outlines of this kind of battle even if the republicans take the senate. >> david, if that happens and republicans take the senate and mcdonnell douglas conle becomes majority leader, you will have

an opportunity to pass the legislation that the house is sending over. john boehner sent legislation to the september that harry reid squelched. if you have a democrat in the oval office, how much legislation gets passed in the law. >> not much signed in the law by the president. that is irrelevant from what the republican's point has been in the campaign. they said all of the senate candidates are saying harry reid is running a dysfunctional senate and not letting us do amendments or bring our bills to the floor. if they become the governing party, there will be a responsibility to put forth an agenda, whether or not the president signs it. you will see the republican leaders, kevin mccarthy say we have to put forward a positive agenda in order to have any chance in the 2016 presidential

race. when 2016 comes around. you will have it again and they will not be able to blame the dysfunctional senate in the presidential election or individual senate race. >> it is going to be fascinating to see what happens. coming up. thank you both. >> thank you, john. >> and as you know, fox news channel is america's election headquarters. bret baier and megyn kelliy will cover all of the political action and get up to the minute election results on fox news.com. >> new sources from from the obama administration saying there is nothing to fear from ebola. and a nurse maine who treated ebola patients is defying a state quarentine and going for a bike ride. the mayor will exercise the full

extent of his authority allowable by law in enforcing the quarentine, all of this as the president makes a rare campaign appearance in that state. wendall joins us live. >> hello, shannon and the president is travelling to maine, and casy is up on the northern border. but his symptthees lie with the nurse. the same time folks here concede it is state and local governments that make the health law. cvc guidelines on how people returning from west africa are not mandatory and federal officials had to talk governor christie in freeing hickox from quarentine and yesterday, president obama held an event from doctors and nurses that returned from west africa and he praised them and the soldiers and engineers and others who are putting themselves on the front

line in the fight against ebola. >> they represent citizen help and patriotism at its best and make huge sacrifices to protect this country and when they come home, they deserve to be treated properly. and deserve to be treated like the heroes they are. >> reporter: at the same time, the white house is not criticizing the pept gone's plan to isolate servicemen and women after they built military facilities. and some military spouses reprept the isolation. >> i am hurt by the comment and i don't understand where comments like that come from. last i checked over 40 years it is an all volunteer military. >> reporter: that 21 day isolation period is mandatory even though they don't deal with the ebola patients they say

tracing the the people if they are contagious would be more difficult than just tracing a doctor or nurses. >> russia may be up to old tricks. what kremlin did that had fighter jets from eight countries taking toç the skies a grizzly scene in a courthouse down south. police are searching for a suspect. and polls show that races are coming down to the wire, what strategy should each party have before the midterm. go to fox news.com and click on america's asking and get your thoughts in to the conversation.

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looking for his brother. it put the small town of nashville, north carolina on lock down. the victims knew the shooters and a motive has yet to be determined. russian military aircraft conducting aerial maneuvers around europe and prompting nato to scramble fighter jets from eight nations and they are keeping tabs on a troubleingly trend from moscow. hello, amy. >> those military planes did not in fact penetrate nato air space, but i spoke to a russian military analyst in moscow who said it was a case of cold war era nuclear brinksmanship at a time when it feels threatened by and angry at the west. the planes are a combination and

intercepted from a handful of nato countries extra teggic bombers that carry nuclear weapons and refueling tanker ares. they buzzed the nato air space and norway from around britain and down the coast of port you goal. and not violating air space and nato questions what they were doing to ring around the iberrian peninsula. president obama is ramping up the anti- western rhetoric and not looking to exchange blows but briftling at the polar world order. russia appears underthreat. and the military chief spoke about the west building a bulwashing in uran to attack russia and he said russia must build up defenses. and last week, a russian spy

plane penetrated in nato air space and the first time it happen sips the end of the cold war. there is a certain are you teen with military buzzing around close to europe. but nato reports that the number of times they have had to scramble fighter planes to irpt cent russian planes went up three types. >> that is notable. >> amy, thank you so much. >> there is word that former gupt gunt bay detainees joined the ranks of isis and raising new questions about the obama administration's handling of the threat. and a young surfer tells how he fought off a shark mauled his leg not once but twice. ..

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right now a surfer in australia is recovering after a close encounter with one of the ocean's deadly. >> this surfer is lucky to be alive after being malled by a shark yesterday. 20-year-old ryan hunt was surfing off the australian east coast when the shark began byting his to the and leg. >> it came back three times. >> it let go and grabbed again.

>> hunt hit the shark with his hand and he was able to get to shore where a friend helped to treat the wounds and he underwent surgery to repair deep cuts and pufrpthure wounds. it has not scared hunt out of the water. he hopes for a quick recovery. he doesn't want to let his time down serious questions approximate the administration's handling of the isis threat. intelligence sources say 30 former detainees from guantanamo bay joined forces with the terrorist. sir, good to have you with us today. your reaction to the news. >> there is nothing out of the ordinary here quite frankly. this is going on for a sometime.

the detainees were let go some in the bush administration. there is pressure placed on guantanamo. and when the president took office he said he was going to close down git me. he wisely decided to back off. but in the meantime we are releasing these people. they didn't get to guantanamo bay by being picked up from a lunch time. they are bad guys and they were picked occupy the battlefield and interrogated and assessments made and then they were sent to guantanamo bay. and the fact that more people and recidivism rate is increasing, those held the longest are the worst of the worst. and so they are much more likely to get involved maybe not as combatants but helping to finance or support the fight against western and to especially u.s. forces. >> i have to ask you what the

moral impact. i have loved ones in the military. but as a loved one it is infureating to feel like the bad guys, not boy scouts are right back out there and our men and women risked their lives to bring them in and may be turning around and fight them again. >> it is a grossly misplaced lack of judgment and trying to for some reason be so mag nam mus, there is a say negligent bible if your enemy is hungry feed him and thirsty and water and it will heap shame on him and he will turn in a good guy. that's not happening with these people. we have a misplaced sense of fairness in dealing with them. they are a danger to the united states and we need to treat them

this way and capture and don't school them in how we do interrogations and turn them back in the wild. they will get back in the fight and train others. >> and another issue we are dealing with in the coalition against isis. our relation is strained with turkey. there is a lot of unnamed sources and quoting them and saying we are at a struggling point. the president there is not happy about some of the u.s.'s action. and kaboni on the border and all kinds of complications and what do you make of our relationship with turkey and how does it hamper our fight with isis. >> we are in one of the most difficult times in the relationship. when they set up the most ottoman state of turkey. he did so with the idea that turkey would lean to the the west and be secular and respect

all religions, but it would be a secular country modelled on the the lines of europe and the united states. what happened with the prime minister and now president a rda wan. he is taking it back to the muslim east and islamist east. his party was outlawed once in turkey as a radical organization. it is not a surprise there. and what we are seeing the whole kaboni incident is lifting the lid and we are looking at how good is that relationship with turkey? they are not letting us operate out of the bases and not letting reenforcements go in even though kobani is a eye of western resolve. it would be a massive public relations coup if kobani falls and embolden them further.

despite the might of the west, it has no >> excellent point. captain chuck nash. always good to see you, sir. >> the economy appears on the move for two quarters in's row. and what is fuelling the growth in today's market rally. and control of the senate could depend on voters in the hawkeye state. carl cameron is watching this between joni earnt and bruce braly. >> polls suggest that iowa may be going to the republicans and democrats said it is a war on women. we'll talk to the republican candidate in iowa who could be the first woman elected from the hawkeye state to congress. we'll be right back.

>> the longest serving mayor in boston's history has died. he was 71 years old. he was elected in 1993, first italian- american mayor. he was reelected four times and guyeded the city through one of its darkest hours and the ddly bombings of the finish line of the boston bombing. president obama remembered him saying his legacy will live on.

and he helped to make communities a better and safer place to live. first iraqi- kurdish fighters arrived in kobani. the troops are moving slowly in to syria. it was targeted by isis militants. the iraqis are there to help the kurdish fighters in their effort to boat back the isis militants and they are joining us from the midoast bureau. >> grountd forces in kobani need all of the help they can get and help is on the way. take a look. the convoy of iraqi fighters made its way to the syrian border and bringing heavy artillery and much- needed supplies and a reported ten fighters have crossed in to syria not many because the border is targeted and they are

moving in small groups and it is the first wave of fighters heading to kobani and the syrian border town is a major battleground. and u.s. led air strikes have helped push isis back including 10 air strikes and on isis fighting position and buildings near kobani and so far by the way, the u.s. led coalition carried out 150 air strikes in and around kobani. back to the fighters. the question at this point is how much impact and firepower and manpower will have on iowa sis and help much help and as i said the ground forces need all of the help they can get. back to you. >> they have their hands fun. thank you, john. fox business alert.

stocks rallying & as some companies report big earnings. and the commerce department reporting three and half percent group and two healthy quarters in a row. and lauren is here. >> good afternoon, the three and half percent growth between july and september was better than expected and it was less than the growth we saw in the prior quarter and certainly better than the stark contraction. exports and investments by businesses and the biggest jump in military spending in half a decade. this is confirming what the fed told us yesterday. the economy is doing okay. and we'll show you the reaction on wall street. the dow is higher up 178 points and one of the reasons here. they are reporting better than expected quarterly numbers and

nasdaq s&p 500 higher as well. and if you look at the month of october. it is turning out to be for treat than trick. many 401 ks are doing better than you would have thought. nasdaq up. >> more treat when it comes to gas prices as we are talking treat or treat time? >> national average this morning. 3.01. it could happen seen. and what this means for you more money in your pocket. you were probably shelling out 3.70 and for a regular family, that means an extra $750 in your pocket this year. that is what you can spend on all sorts of things or put it in the bank and save it. it is real money for people.

>> and savings and doing a bit of both. >> thank you, lauren. >> good to see you. >> don't miss lauren on our sister network. log on to fox business.com. >> i bought these shoes 18 years ago. >> i try to keep them polished. >> the world's largest retailer making a big announcement. walmart is matching the competitor's prices and the promotion is only available this holiday season and let's say the retailer is revving up sluggish sales in the united states. >> with less than a week to go until the midterm elections. new polls are showing it might come down to iowa. republican joni earnst is

leading bruce braly. she is bringing in political muscle. and carl cameron is live in iowa with the latest, carl? >> hi, martha. bruce braly, a democrat is serving in washington. and they are waging what they call rhetoric and the republicans are causing a war on women. and here in iowa. bruce braley played that car all over again all year long. and the difference is, he's running against a woman. joni is also a member of the national guard and commands the biggest battalion here in iowa and did serve in iraq and she understands war and understands women better than braley and wrapping up a 99 county tour. and i talked to her this

morning. >> they understand what i said in the primary election, you know that night. this is not a war on women. if anybody is making it a war, it is the democrat because they pushed obama care and with obama care, young women are having a difficult time finding affordable health care policies. that is a war on women. and they are forced in a policy and not able to choose what doctor they want. >> she's not giving an inch and gaining ground in the polls. and she wraps up the 99 county tour she will have covered the state. and the democrats are trying to sound defendant that bruce braley can pull it off. iowa was one of the three states identified as a fire wall. and the other two in north carolina and colorado.

in colorado mark udal is trail nothing the polls. two of the three bricks of the fire wall is corodding. it is bad news for democrats and not republicans. >> we have been apart too long. you are traveling and i will be traveling. >> and i am going to come relove you in iowa. great to see you, carl. always. >> shannon, thank you. >> he can keep the candidates name separated. that is amazing. >> he's in and out of every state and airport. >> that's for shower. nobel peace winner malalan is giving back. she has donated the money to help rebuild a u.n. school in gaza that was damaged in the war.

she hopes it will foster education and peace. israel said hamas used schools to fire rockets in cities and homes. >> and multimillionaire who murdered her own son and why she did it. >> one of the biggest mist rows on the 20th century, is it on the verge of being solved? yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold. quarters. quarters...yup. then amerivest gives me back their advisory... stocks. fees. fees. fees for those quarters. yeah. so, i'm confident i'm in good hands. for all the confidence you need. td ameritrade. you got this.

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>> i am gretchen carlson. breaking nows right now. the governor of maine failed to reach an agreement with the nurse who went out for a morning bike ride. the governor plans to exercise the full extent of his authority. what will happen to the nurse now? plus, interview with the yale student in liberia who finished

a 21 day kwarlt quart. what does he think? >> and great news, gas prices are finally going down but why? find out at the top of the hour. >> there were no survivors of yesterday's massive mud slide. the death toll is under dispupt. less than a hundred and people who live there said easily more than 200 bodies burredied under the rubble. it wiped out an entire tea planation. many of the children were at school when it happened. >> right now the fate of the multimillionaire entrepreneur. she is on trial for the murder of her eight-year-old autistic son. she said it was an act of mercy.

we'll bring in the trial attorney. so they are in jury deliberations. she took her son in a hotel room in new york and administered a fatal cocktail drug and tried to kill herself as well but she re the choices that the jury faces? >> there is no debate. >> yeah. >> she admitted it. and it is a horrible set of circumstances. and so only thing that the defense is left with in a case like this is argue the mental capacity or lack thereof and they are trying to say she acted under a extreme emotional disturbance. and you are arguing temporary insanitiy and negate the ability to commit first-degree murder. >> her son was autistic.

she said the father abused the boysexually. >> and she's saying it was not autism. it was a misdiagnosis. he was catatonic due to the father sexually abusing and torturing this child. and the only information that we have and basis for that would be the child's testimonyment and of the child passed and the father is insistent that that did not happen. we are in a situation watching the jury deliberate and saying how do we know what it is here. was it autistic. should we give her murder or helps manslaughter. >> what does the jury have to sort through. if she thought through the options. my choices are horrible continue

to love the boy, exposed to possible abuse or take him out. doesn't that suggest she was thinking logically and rationally. >> the defense team in the case it is well funded. and the defense team is frustrated with the trial. they felt they should have been able to give expert testimony to give the jury evidence that the son was sexual abuse. the judge limited that. there are limits. and that is not limitless. and he wants to keep the jury focused on whether the jorwas under the temporary insanitiy and whether or not the son or was not abused is not relevant. it is what she believed. her case, she was offered plea deals that would have resulted

in little jail time. and she thought there was a better chance in open court? >> and not withstanding, the jury doesn't know that. and whatever may or may not have happen. that is not admissible for a jury to heal. they don't know if the da's office offered plea bargain. and why she didn't take them who knows. i am not so sure she was offered little jail time. why didn't she take that and ask the da to pursue a case against her ex-husband. why she didn't do that prior to murdering the child or killing him. did she go to the direct attorney or police? those are the questions that lead you to wonder whether or not it is it a defense that was concocted after the fact. >> she told one newspaper that she regrets what she did a hundred times a day.

>> i hope so. >> we will let our viewers know what happened. the jury has the case. >> a san francisco giant's building on the dynasty on the bay. and took home a third world series championship in five years. it lasted way until the we hours of the morning and some of the celebration got ugly before the night was over. my nutritional standards are high. i'm not juice or fancy water. i've got 8 grams of protein. twist my lid! that's three times more than me. 17 vitamins and minerals. and zero fat! hmmmm. you bring a lot to the party! yay! new ensure active clear protein. 8 grams protein. zero fat. 17 vitamins and minerals. in delicious blueberry pomegranate and mixed fruit.

♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. it's a fresh approach on education-- superintendent of public instruction tom torlakson's blueprint for great schools. torlakson's blueprint outlines how investing in our schools will reduce class sizes, bring back music and art, and provide a well-rounded education. and torlakson's plan calls for more parental involvement. spending decisions about our education dollars should be made by parents and teachers, not by politicians.

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♪ zoi told you yesterday. i will say it again. i love a game seven in the world series. with everything on the line, the san francisco giants stepped up. >> popped up. sandoval in foul territory. giants win! >> well, third baseman pablo sandoval popping a foul ball to clinch a victory over the kansas city royals. early this morning the giants got a hero's welcome pulling into their home stadium. the third title since 2010. madison bumgartner was the series mvp.

>> some of the fans took their celebrations a little too far bringing out riot police. we've got the very latest now from patty ann brown in our newsroom. >> hi, again, shannon. after the giants beat kansas city last night, fans set bonfires, jumped on vans, and tour buses, and set off firecrackers in san francisco. there were also two shootings. people had to move in to control unruly crowds, blocking traffic on market street, and in the mission district. some police were in riot gear since bottles were being thrown at them. people were dancing on top of cars. even swinging from utility lines, climbing on street signs, and smashing windows. the chaos prompted suspension of most bus service. one gunshot victim walked into a hospital saying he was shot in the mission district. he is expected to survive, and in an earlier shooting the victim was injured in the arm. also expected to survive. the giants beat the royals 3-2 in kansas city. san francisco mayor ed leaf says the city will hold a victory parade for the giants tomorrow.

shannon. >> all right, patti ann, that often happens. thank you. >> a showdown over ebola. the nurse defying a quarantine may get a court order to do so. the mayor of fort kent, maine, speaks to us live as part of our continuing coverage. you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.

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scientists think they are one step closer to learning what happened to famed 1930s aviator amelia earhart. researchers are almost certain a piece of aluminum found on a tiny island in the south pacific belongs to earhart's plane. the metal fragment matches a patch that replaced one of the windows. earhart's plane vanished over the pacific on july 2nd, 1937, during a recordsetting attempt to fly around the world at the equator. no sign of her since. >> it's so interesting to see that video, or the old film, you

know, of her and to think all these years, you never knew what happened. >> how far we've come. how things have changed in the world of aviation in a relatively short time. >> you, my pilot friend, would know. >> i fly a lot. >> the real story with gretchen carlson starts right now. >> fox news alert. we have tough talk from the governor of maine after officials failed to reach a quarantine agreement with nurse casey hickox who treated ebola patients in west africa. we are here to bring you the real story. a spokesperson says the g of maine will exercise the full extent of his authority, allowable by law to insure public safety. this comes just hours after casey hickox defied quarantine orders and went out for a bike ride this morning. portland press herald staff writer scott dolan has been covering this from the start, and he joins us from casey hickox's home. what can you tell us about what transpired with the bike ride? >>