watch that one. if you have your open upset prediction, be sure to tweet it to us. that's it for this week's show. thanks to this week's panel and thanks for watch. i hope to see you next week. i'm paul gigot. hello, everyone. i'm kelly wright. >> i'm julie banderas. back on u.s. soil after eight months in a mexican prison. u.s. marine veteran andrew tahmooressi is now a free man. we'll have a live report on how this all happened. plus, a judge rejects a quarantine for a nurse who treated ebola patients. how the ruling could impact the government's ability to protect the public against this deadly disease. a night of trick or treating turns into a halloween tragedy after a driver crashes into

three girls and then flees the scene. the search is on for the suspect behind the wheel. but our top story, after months in a mexican jail, a u.s. marine veteran is back home in the u.s. sergeant andrew tahmooressi returned last night after a mexican judge ordered his release. tahmooressi spent 214 grueling days in captivity for crossing the border with guns. he said he got lost on a california freeway ramp. and never meant to cross into mexico. we have more details >> reporter: well, the mexican attorney general essentially withdrew the charges. this was not expected now. and it coincides with the arm twisting and lobbying of congressmen who have been in tijuana in a quiet mission to secure his release.

it happened around 3:00 p.m. yesterday. after 214 days in prison, guards turned him over to immigration who's courted him to the board -- who escorted him to the border and he returned home to florida last night. >> i have been on the line on numerous occasions with the attorney general from mexico. and he was lecturing me about rule of law. i shared with him some of my thoughts about rule of law and how it goes one sided between the two countries. >> reporter: now, for months mexico insisted their judicial process had to run its process, despite mounting evidence that tahmooressi made a simple mistake. they could have released him but chose not to. until his case began to draw a lot of political attention in washington. early this morning, the florida -- the family spokesman in florida said andrew is doing okay physically. he's smiling, happy to be with family. >> so they're back together. you know, it w

reunion this morning. and i think they're going to spend a little time as a family. i think, you know, he's been in custody for seven months now. and i think he needs a little bit of time and space. >> reporter: so why was andrew released and why now? well, the mexican ambassador said the judge released tahmooressi for humanitarian reasons because of the ptsd, but the court knew that a month ago. his case was moving really slowly, kelly, until lawmakers pressured the attorney general who essentially withdrew the charges. so, you know, is it coincidence that the judge released him? maybe. maybe not. back to you. >> yeah, everyone is asking the question, why did it take so long? thanks for the update. by the way, our own greta van susteren will have an exclusive interview with sergeant tahmooressi following his release. be sure to look out for that next week right here on the fox news alert. all right, the death toll in that tragic washington state

school shooting now at four. medical officials saying 41-year-old shaylee chuckulnaskit died yesterday afternoon. the gunman jaylen fryberg died of a self-inflicted wound after opening fire in the school's cafeteria on october 24th. two other teenage girls are among those killed. shaylee's family releasing a statement. our hearts are broken at the passing of our beautiful daughter, shea. she means everything to us. she has been a loving daughter, a caring sister, a devoted friend, and a wonderful part of our community. we cannot imagine life without her. we have new information on the doctor being treated for ebola at bellevue hospital. a statement from the hospital saying that the condition of 33-year-old dr. craig spencer has been updated to stable

condition. it's major improvement from his status last saturday that we reported here on the show. officials said his condition had worsened. dr. spencer will remain quarantined. from american less election headquarters we are in the homestretch before tuesday's midterm elections with control of the senate hanging in the balance. many states are simply too close to call. like kansas for example. one of the most interesting story lines. the latest fox news polls shows pat roberts and independent greg orman running just about neck and neck. chief political correspondent carl cameron joins us live from interstate 135 where he is chasing orman through -- >> reporter: the incumbent in kansas has been criticized by the independent challenger, greg orman of being out of touch because he spent so much time in the nation's capital. yesterday and today, mr. roberts

has been traveling all over the state and at a number of -- and yesterday he had a number of governors with him, including chris christie and mike pence. both are looking at a 2016 white house race. there was governor haslett and haley barbour. all are arguing that pat roberts should remain the u.s. senator and that greg orman is out of line. as a consequence after that event, greg orman referred to the bus trip with all the gop luminaries including bob dole of being in a clown car running around kansas. that has prompted outrage on the right. pat roberts this morning at a parade earlier made a point of saying it's completely inappropriate and shows how out of touch orman is for insulting the iconic presidential candidate. >> i know every race is going to be tough. you might go in and be unopposed

and have some people upset at you. but this race is so important for the country. and so i'm -- you know, i'm doing everything i can. and marines don't quit. we take the hill. >> reporter: mr. roberts said he was very disappointed and thought it was inappropriate for him to do that. he is hoping that independent voters and democrats will essentially abandon and reject orman for having done so. this is a very close race. we are now on interstate 135 here in kansas heading north. trying to track down mr. orman. he's difficult to find. while he does provide a schedule to some local reporters he's been known to keep them from national reporters. we have been chasing him for a day and a half. traffic is pretty light, but this what we do in the final two days, final three days. we have 72 hours roughly. polls close tuesday night, it will be a late night with a lot of races close. this one in kansas is for a republican seat.

if it were to flip democrat that raises the ante for the gop. they would need to win a net of six seats, a loss here in kansas would set them back. roberts said he's confident. orman continues to charge hard. a question of whether we can catch up to him. >> you keep charging hard and chasing after him. i'm sure you'll catch him. thanks, carl cameron. after you cast your ballot on tuesday keep it right here on america's election news headquarters for all of the midterm results. bret baier and megyn kelly will anchor the special coverage. it starts tuesday at 6:00 eastern right here on fox news channel. then i'll pick up coverage at 2:00 a.m. with eric shawn. >> i'll be on the radio that night. >> oh, my gosh, i'll be on the radio the next morning. 7:00 to 9:00. we won't be sleeping. and investigators are on the scene of a space tourism rocket that crashed in air. it killed one of two pilots. this comes days after an unmanned rocket exploded shortly

after launching in wallops island. we have more details. hi, dominic. >> hi. around 40 members having arrived early this this morning for what is the first investigation into the catastrophic space launch with people on board. christopher hart explaining how the probe will start. >> the data people will go to the data source. and check the data. some will go to the site. some will investigate witnesses. all the steps we need to do to begin the on-site portion of the investigation. >> reporter: two minutes after it detached from the high altitude mother ship, an explosion occurred then and the craft broke up. scattering debris across the mojave desert. it was using new fuel that had been trialed successfully since

may and it passed tests again friday morning before the launch. arriving today richard branson, the british billionaire. he appeared rather shaken before meeting with the 400-strong space team about the future of the project. he said space exploration comes with unavoidable risks. >> in testing the boundaries of human capabilities and technologies, we are standing on the shoulders of chance. yesterday, we fell short. we're now comprehensively assessing the results of the crash and are determined to learn from them and move forward together as a group of friends and as company. >> reporter: branson pointed out that air travelers became very safe. millions of people do it every day. he admitted that his company would lose a couple of clients who paid $250,000 for future seats on space ship 2. which could have started to take

the first commercial astronauts into space as early as this coming february. actress angelina jolie and musicians like lady gaga and justin bieber and also scientist stephen hawking who some who all bought seats. branson said one new customer signed up straight after the crash as a sign of the support for the future of space travel. details about the investigation from the ntsb expected later on today. >> thank you, dominic di-natale. iran is showing no signs of complying with weapons inspectors, jet secretary of state john kerry is optimistic about washington and tehran closing in on a nuclear deal. ahead of the looming deadline liter this month. peter ducey in washington now. >> reporter: the united nations wants to talk to iranian scientists who may have researched ways to build a nuclear bomb.

but so far, tehran has told them those scientists are off limits and so are other labs and military facilities of interests that's according to the "wall street journal" report that follows the iaea official about how little progress iran and the west are making on a nuclear deal which could ease sanctions on iran. as the november 24th deadline gets closer and closer. >> i think this strategy is to kind of hope for the next two weeks until mid november, you know, when the interim deal expires and then at that point we'll be able to kind of take a step back and judge the efficacy of the negotiating strategy. >> a new poll finds president obama has just a 36% approval rating on his handling of foreign policy. the other 57% disapprove. now secretary of state john kerry is traveling to oman next week to sit down with iran's foreign minister. >> we are looking to the iranians to be as responsible as

they have said they will be and as forthcoming as they have promised which is to be transparent and allow the proof of this peaceful program. >> reporter: washington the free beacon has video of ben rhodes said that halting the nuclear weapons program could be the biggest foreign policy achievement for president obama in his second term. kelly? >> peter ducey reporting, thank you. we'll have much more on this with ambassador john bolton later in the hour. wacky weather to tell you about now. northern georgia is seeing extreme weather. snow flurries and an early winter chill blow through the state this weekend. and runners in tomorrow's new york city marathon will have to deal with strong, gusty winds and cold temperatures.

our meteorologist is here live in our studio, which is pretty awesome. we don't get to see you in person. >> i know. i guess you're running the race tomorrow. that's why you're so excited about knowing the weather forecast. >> i'm not, no. i wish. it runs by my home so i'll watch it. >> in your pajamas. well, the storm system going to exit the coast but it will be cold and you'll have a head wind which means for first part of the race it will be really, really hard because the wind going to be blowing right at you. but heading into the city, that might help you in the last leg of the race. so there's good and bad news and of course the storm won't affect you. we won't see any snow or rain. just wind and it will be cool. the temperatures are in the mid 40s. new england is going to see quite a bit of snow. you in boston can see several inches of snow as this continues to strengthen off the coast. northern maine could hit the

jackpot of over a foot of snow. and this was a pretty big event. we saw record cold temperatures and record snow for the mountains of north carolina. if you're running in new york city, millions of people will be braving the elements to take a look. we have 50,000 contestants in tomorrow's race. there are your lows tonight. what could set some record lows across the southern portion of the u.s. and look at some of those freeze advisories. freeze warnings as far south as the gulf coast. so this is a pretty big event. we'll set some records and we saw some big snow totals for the first of november. now, for the west, we have a system moving in here. that is beneficial rain and mountain snow. they even saw some rain across california. this is our weather maker for election day on tuesday, where we can see inclement weather across the central u.s. it's nice to be here with you today. >> i know. >> good to have you. >> i love your outfit. it's very fall. did you do something fun for

halloween? >> we did. the boys were superheroes. how about your girls? >> we were the three pigs and the big bad wolf. send me a picture. e-mail it to me. >> kelly, did you dress up? >> i chilled out in austin, texas. >> not bad. >> there's kind of lame. >> all right. some political analysts saying iowa could be the democrat's keystone to keeping the senate. and voters there are split right down the middle. we're going to talk about this and break it down in a very tight race. and the verdict reached in the trial of a college band member accused of being the ringleader of a brutal hazing ritual that killed a student. >> to know that my son's life would not be in vain, that he would make a difference. i hope that people will get the message. [ female announcer ] we help make secure financial tomorrows a reality

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a former band member at florida a&m has been found guilty of manslaughter.

dontae martin was accused of being the ring leader in the death of a drum major in a brutal hazing incident in 2011. the judge will sentence him in early january. growing increasingly anxious over iowa. the state is crucial for the party's bid to keep the senate. but republican joni ernst is slowly pulling away from republican congressman bruce braley and the contest to replace retiring democrat tom harkin. the latest fox news poll shows ernst an iraq war veteran with a slight edge over braley. a month ago they were in a dead heat and that mirrored the real clear politics average which showed ernst with the one-point advantage. rebecca berg is joining us now to give us perspective on this. we're talking about the balance of power. it can swing to the republicans and many are predicting that the gop will gain control of the senate.

but it's too early to tell, in some cases too close to call. what do you think is happening there in iowa? >> well, on a conference call just today, harry reid was talking with some progressive activist from the democratic party and he said if republicans and joni ernst win in iowa, democrats can kiss their senate majority good-bye. so that's exactly what we're talking about here. that is how important this race is for democrats. republicans have any number of ways they can get to the six seats they need for the senate but for democrats, iowa is absolutely pivotal. >> you know, the other thing that's really weighing heavily on a lot of people is the popularity of the president. he's not that popular. we'll bring up a poll to show you how he's faring in the polls. he is being trounced in the polls right now. look at the disapproval rating, 55%. how can he overcome that and how can democrats expect to overcome

that? >> well, the president hasn't been doing the democrats any favors. we see him giving speeches and talking about how democratic candidates support his agenda and support him as president, which is exactly the opposite of what democratic candidates have been trying to tell voters. bruce braley is a great example of that in iowa. he has been trying to separate himself as much as he can from the president and from national issues. so the president hasn't been doing democrats any favors. but part of the problem democrats still face is that in states like iowa, some of the key battleground states his approval is underwater. so democrats aren't excited to go out and vote. they aren't happy with the job the president has done. >> rebecca, i hear. so do a lot of people. you're right about a lot of the things you're making in your assessments. but joni ernst is an iraq war veteran and even democrats say she's running a solid campaign. this close to wednesday, why is she not showing a more convincing and commanding lead at this point? >> well, actually, if you go

back one year and looked at what people were saying about this race, democrats were favored to win this race. it wasn't even really considered to be a tossup. people thought that braley would coast to this senate seat. but joni ernst has run a fantastic campaign. it's been flawless and braley has made a number of mistakes so it's become much more competitive. that's a testament not only to republicans' overall strategy but also to ernst and her strength as a candidate. >> if you'll do the math for me. let's do the math as predicted that republicans will likely pick up three open seats on tuesday in west virginia, south dakota and montana. where does that leave them mathematically? >> well, if they do indeed pick up those three seats as most people are predicting they will, they will need a net of three more seats so that means if they lose one they'd have to pick up four, in states like kansas and georgia.

we are looking at competitive seats in play. so there are a number of states where republicans are currently leading. look at louisiana. that could be one potentially. iowa, colorado are both very important. alaska and then right there you could have four that potentially republicans will win. so the math looks very good for republicans. that's why these battle ground states are so important for democrats to win. >> rebecca berg, talking about the balance of power, thank you. well, the race for governor in new york state it isn't exactly close but it has been nasty. especially after a wave of negative ads by democratic incumbent andrew cuomo. watch. >> the opponent said he supports gun programs for kids in schools. >> the republican is fighting back, saying that the governor went too far. >> this is the kind of gutter tactics that they play because

cuomo i think feels it's slipping through his fingers like in '94 when his dad lost unexpectedly. things are changing very quickly in this race. halloween is today, right? well, guess what? he was seen in two costumes today, cuomo. the cowardly lion because he wouldn't debate me and pinocchio because he's lied all year about my record. >> that was rob astore reno running against andrew cuomo who has the lead. well, cuomo has a healthy advantage, 54% there. the poll average shows him up by 22. >> a holiday tragedy, police searching for a suspected hit and run driver that left three teenagers dead. plus a major legal setbacks for officials in one state seeking to protect the public from the ebola virus. what it means for similar efforts nationwide. >> we did not go into town. we did not go into the grocery store. we are not trying to get anyone sick.

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synchrony bank engage with us. it's the bottom of the hour. time for the top of the news. >> a marine veteran back in the u.s. after a mexican judge ordered his release from jail. andrew tahmooressi spent eight months behind bars for crossing the border with guns. he said he crossed the border by mistake and had no intention of bringing guns into mexico illegally. police in santa ana, california, hunting for two men who allegedly killed three teenage girls. the means suv crashed into the girls while in a cross walk near the elementary school. and plane crash in wichita, kansas. recovering three bodies and the cockpit voice recorder. the twin engine planes slammed into a building at a flight

training facility on thursday. four people were killed, five others injured. well, a legal setback for maine governor paul lepage as a judge ruled that nurse kaci hickox could not be quarantined against her will because she was not showing symptoms of ebola. let's bring in our panel now. all right. if the mandatory -- mandated 21-day quarantine had been in effect when dr. spencer returned to new york city after caring for patients in west africa with ebola he wouldn't have exposed others to the disease. there's a negative story where kaci hickox didn't test positive but was put in isolation anyway. was it unjust? >> i think it's an emotional

reaction we're all concerned about. there's high anxiety for the spread of this disease. so this is a situation where anxiety and fear intersected with the law. and there are certain civil liberties that we have. just by reacting emotionally without symptoms and some type of objective evidence, then basically, she's going to be protected by the law simply because the fact that you have to have some type of rationale basis, something that gives them the right to enforce for the safety of other individuals. >> but if she is in direct contact treating ebola patients, is that not objective evidence, rachel? as you know the 21-state quarantine is a state by state law. do you believe that it's violating one's civil rights, constitutional rights if it means insuring safety to the public? >> i believe that the people who are in place to judge safety of the public are scientists and doctors. and i think that here in this particular instance the main

judge got this right. because she wasn't exhibiting any symptoms. if we were going to accuse somebody of a crime, we would need to have some rationale basis before we put them in a cage. some sort of probable cause to do that. here, she was not exhibiting symptoms and she lives in an incredibly rural area and really the only harm is by people checking out what she was doing when she wasn't going to risk possibly running into anybody. so that i think in this particular instance, i think it needs a case by ca evaluation because this is a very scary thing. but we need to trust the doctors and the scientists who say being in contact with someone isn't enough. you need to be exhibiting symptom, be exposed to those things. we can't be having knee jerk reactions and throwing civil liberties out the window. >> but dr. spencer didn't exhibit symptoms for seven days and he in fact tested positive.

we can't assume that just because they're not exhibiting symptoms they're not going to do in that 21-day cycle. i understand about allowing it's up to them to self-quarantine. however, that did not work with dr. spencer. so we can't necessarily 100% trust these medical professio l professionals to do the right thing, can we, bob? >> everything you said is absolutely correct. thing is the tough part. this is the part where the intersection of safety and health and concern basically intersects with the law and how you balance it out. it isn't easy for the reasons that you just basically articulated. this is something that concerns me. i think if this would have been handled differently from the beginning by not putting her basically in a parking lot in a tent with a porta potty, maybe she could have ended up being -- sort of the poster child as a health care provider herself,

saying wait a second. even though i don't have the symptoms as a health care provider we need to be concerned and she could have been the poster child if she had been treated in a more civil fashion. absolutely. >> let's say if hickox developed symptoms before the 21-day inoculation period and she exposes someone to ebola, could someone turn around and sue the state? it's a legal nightmare. >> it is and it isn't. you need to take everything -- once it is actually occurring we have no basis to be making snap judgments here and to be leaping to conclusions and again, we have as a country always been balancing civil liberties with public safety. we need to be careful in such a serious thing with such a serious disease to not be politicizing it. and to have it be something that is based on science and with fact.

and yes, obviously, anyone can sue anyone. i mean, mcdonald's gets sued for having a hot coffee spilled when it says caution, contents hot. but the legal system will make the right decisions based on fact and judgment. >> that's all the time we have. thank you for joining us today. >> thanks. >> thank you for having me. pills beyond the grave. a government watchdog finding your tax dollars are paying for prescription drugs for those who no longer need. and a special meeting regarding iran's nuclear program. could the last ditch effort lead to a break through in negotiations? >> i hope the iranians will not get stuck in a treaty of their own making on one demand or another in order to try to find a way together. we're hopeful. we'll do our best, but we have to close off all pathways to a nuclear weapon. [safety beeping] ♪

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a government watchdog finding costly medications are going to those who aren't even alive. medicare's prescription drug program allows payment for medicine even after the patients were dead. it makes prescriptions filled for up to 32 days after the patient's death and it will may up to many millions of dollars total. the government is taking a second look at the program. the nuclear negotiations with iran, secretary of state john kerry and other top diplomats now planning to meet with iran's foreign minister as the deadline for a deal later this month fast approaches. now, the leaders will meet on november 9th in oman. they hope to close the gaps despite fruitless negotiations so far. so just how likely is it for a successful deal to come out of

the meetings? let's bring in john bolton, a former u.s. ambassador to the u.n. good to see you. so secretary of state kerry will meet on november 9th and through the 10th to discuss resolving this nuclear issue. but can they possibly hope to reach a comprehensive agreement with iran? >> well, i think secretary of state kerry is demonstrating unfortunately a kind of desperation here to try and reach a deal with iran. i'm a little surprised they haven't reached the deal already. given the magnitude of concessions that the obama administration has made. but i think iran senses there are more concessions out there and when they see this kind of desperation that we're demonstrating it only feeds their appetite. i think realistically we're not going to see a deal by the 24th of november. i think under the terms of the interim agreement reached in january of this year, there's actually another two months they can extend it. but i don't foreclose the

possibility these go on forever. so dedicated is the obama white house to reaching almost any deal they can. >> you know, that's a good point because there's been little progress so far as we saw in peter ducey's report. little progress being made, little cooperation from iran in dealing with iaea and cooperating with them so that the inspectors can even view their nuclear facilities. how can we even expect to get to a level of agreement? >> well, i think it's a fool's errand to be negotiating with iran. i think the -- >> why, sir? >> i think they have followed a delusional policy because iran is never going to give up the nuclear weapons capability. they have been after it for 25 years. for them it's a critical trump card in their desire for regional hegemony in the middle east. i think they're taking us for

all we're worth. they're close to breaking through the sanctions regime that was so painstakingly put together. hasn't slowed their nuclear program down in any event. i think the whole effort gives legitimacy to the ayatollahs at a time when their internal level of support is at a low ebb. >> ben rhodes recently said a lasting nuclear deal with iran is a top priority and he said, quote, bottom line is, this is the best opportunity we have had to resolve the iranian issue diplomatically. it's a big deal he said. this is probably the biggest thing president obama would do in his second term on foreign policy. do you agree with that? >> absolutely not. and imagine how it's read in tehran when they see this yearning, this desire for a deal. it tells them we can get more concessions because the

administration is so desperate to get a deal. we haven't squeezed them yet as hard as we can. when you hear at secretary kerry saying we hope they don't get stuck in a tree of their open, in tehran they're celebrating more concessions coming. >> let's talk about the ayatollah because no matter what the diplomats from iran say, it really comes down to the ayatollah's decision and he views the west with disdain and distrust. can we ever expect any cooperation from him? >> not as long as this regime is in power. and, you know, the ayatollah obviously is the supreme leader as you say, but the nuclear weapons program is controlled by the iran revolutionary guards core. that is one reasons that the diplomats can smile and smile all they want. they have zero decision making authority over the future of the nuclear weapons program. so between the ayatollah and e the -- and basically the fascist revolutionary guard corps, i

don't see iran will make any meaningful concession and our pursuit of a deal simply gives the regime greater legitimacy. >> thank you, ambassador bolton. >> thank you, kelly. well, the stock market ending a wild month with big gains. the dow and s&p closed at record highs yesterday, but could the rally continue this month? and the growing threat in the war against isis. young western women traveling to syria to join the terror group. we'll tell you what they're doing there next. i've always loved exploring and looking for something better. that's the way i look at life. especially now that i live with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. i was taking warfarin, but wondered if i kept digging,

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i've never felt so alive. get the future of phone and the phones are free. comcast business. built for business. well, the stock market is closing at an all-time high yesterday after a turbulent month. the dow rose 194 points to 17,390. the s&p jumped to 2018. remember, though, just two weeks ago the market had its biggest slump in two years. some experts say volatility can return this month. what could be the cause and how should we react, more importantly? joining me is a founding partner of harrington. the stocks ended with record highs of the dow and s & p. where does it go from here as we

near the end of the year? >> let me start with this, julie. october is on the calendar year, the most volatile month of the year. we saw amazing volatility in the month. so here we are november 1st. we're getting ready to go into november. we're in the final leg of 2014. here's what i say. earnings are going to continue to drive this marketplace. as companies report and we've seen about 250 companies of the s&p 500 that reported earnings, 72% of those reported better than expected and that's why the month ended with a significant rally in both the s&p and dow jones. i still believe the tensions that exist throughout the world right now, talk about russia, the middle east. >> right. >> and i think the jobs report -- again, the jobs report is going to dictate this marketplace and i think for the last part of this year we're going to still see volatility in the market. >> what does all of this mean

for your money? >> i think it means this. i think you need to identify a trusted adviser, someone that you can bring your investment portfolio to and review and make sure, julie, that your risk tolerance, where you are in your life today matches the allocations that you have, whether it be in your i.r.a. or 401(k) account or your brokerage account. everyone is at a different part in their life. however, i do think paying closer attention to it as the rest of the year unfolds is something that people need to pay attention to. >> so as 2014 comes to a close and september being an especially rough month, you have key scenes that investors will be wrestling with in the next three months. what are they? >> i think you have to pay attention to the earnings

seasons. that's what really drives the market. i think with respect to how things unfold, whether we see continued action in that place because that will drive volatility. and lastly, jobs. we need to see every month we report, we need to see long-term sustainable jobs being reported and i mean not part-time jobs. i want to see full-time sustainable jobs. i suspect those jobs would be created in the biotech arenas in the united states. >> if you believe volatility is going to continue and the markets will continue to do this for the rest of the year, and so essentially people are to keep a close eye on their portfolios. >> yes. >> what should investors be doing from now through january 1st? >> diversification. i think that is key. you need to make sure that you're diversified in different sectors within the united states. it's industrials, technology, biotechnology. make sure you don't have all of

your eggs in one basket because the volatility can show very much with respect to if you're all in technology or all in biotechnology, if those sectors get hurt, your overall portfolio gets hurt. please stay diversified and patient with your overall portfolio. >> kyle harrington, thank you for that advice. >> thank you, julie. and trek or treat. it was halloween and on a friday. if you're a crazy mom who likes to go all out, you dress up with your kids. this is the three little pigs and the big bad daddy wolf. i am a big pig. i just called myself a pig. there you go. >> okay. all right. >> and you did not dress up? >> i did not dress up.

i dressed up as myself. >> well, that's perfectly fine. >> okay. let's get serious here. new concerns about isis and concerns about iraq. daily mass murders by the terrorists. is it time to change our strategist to take down the terror group? chuck nash will be in to weigh in. [ gunfire ] and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste.

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welcome to "america's news headquarters". >> welcome, everyone. topping the news at this hour, u.s. marine veteran andrew tahmooressi and what is he doing now? >> richard branson speaking out at the site where his virgin galatic spaceship exploded. and chilling new numbers from the u.n. what the report revealed and an update on the mission in iraq

and syria. we begin with new information on the doctor being treated for ebola at bellevue hospital here in new york city. a statement from the city's health and hospital corporation saying that the condition of 33-year-old dr. craig spencer has been updated to stable from serious but stable. spencer was diagnosed with the virus within a week of returning from treating people in guinea. one of the three worst-t-hit we african countries. brian is joining us with details. he's outside of bellevue. >> reporter: good news for dr. spencer but we're going to monitor a situation in portland, oregon. she was taken to the hospital yesterday afternoon after she registered a 102-degree fever. she was staying at the home of a

lie liberian pastor. doctors say she has a low risk of getting ebola because she wasn't in contact with anyone with the virus and they also think she could or may have malaria. since arriving, she had been actively self-monitoring, taking her temperature twice a day and reporting to the local health department as part of the new cdc guidelines were put in place. in the meantime, canada has stopped all entry visa applications coming from the hard-hit countries. canada has not had one case of ebola but the health minister says that they are, quote, doing what is best and in the best interest of canadians. this, as legal questions continue here in the united states over what the appropriate response should be to those that may have ebola. in maine yesterday, district judge lifted the order giving kaci hickox the right to go

wherever she wants as long as she actively monitors herself. maine's governor paul lepage called the ruling unfortunate. >> i'm very satisfied with the decision. the three that he is still recommending that i abide by i believe is part of this good compromise that we can make. >> reporter: and this morning, the dallas nurse who recovered from ebola, nina familiar, reunited with her dog bentley. he had been quarantined for 21 days at an abandoned naval base and tested negative for ebola. pham was in tears and called bentley her best friend. good news there, kelly. >> that's good. thanks, bryan. violence in iraq is on the rise according to the united nations. the mission in baghdad says that

more than 1200 iraqis were killed last month alone and those figures do not take into account the violence caused by the terrorist group. at least 50 women were lined up and shot dead friday. mass killings like that happen every day. meanwhile, on the syrian front, kurdish fighters from iraq are now on the ground in kobani crossing the turkish border last night in their efforts to defend the town from an isis siege. the peshmerga, part of the iraqi army, carrying artillery and other heavy weaponry to protect the outgunned syrian militia. the isis threat is prompting great britain to attack the unusual step of warning all travelers they could be terror

targets. the british travel advisory was upgraded on friday to reflect the general global concern of a terrorist attack warning britains to be vigilant at all times. marine sergeant andrew tahmooressi was released on humanitarianrounds after he served time under harsh conditions for crossing the border with loaded guns. he's a member of the military. those guns were legal. a family delivering this statement this morning. >> this is certainly a very just conclusion to this. he's certainly very grateful for all of the support that he's gotten from across this country and, you know, i think now that he's home he has an opportunity to see more of it. certainly came home with several very large envelopes of letters. these are people that were sort of guided by a very deep faith

and they are grateful. >> this coming week, our greta van suseran will have an interview with him. investigators are working in the mojave desert trying to figure out what caused the virgin galatic spaceship yesterday to explode at a high altitude killing one of the two test pilots. as british billionaire and founder richard branson speaks out about the tragedy and rather emotionally at times. dominic has the latest details. dominic? >> reporter: richard branson flew it overnight from europe to inspect the scene, looking very shaken, indeed, very emotional. this is the second major disaster that the virgin group has had to deal with in almost eight years.

branson says that the dream has to go on but that is if the company can recover from this tragedy. >> we are determined to honor the bravery of the pilots and the teams here by learning from this tragedy. only then can we move forward, united behind the collective desire to push the boundaries of human endeavor. >> here's what we know. just two minutes after it detached from the mother ship, it fired its booster engine. that was followed by an explosion. the aircraft breaking up over the mojave desert. it had been successfully used since may and had passed tests again friday morning before the launch. the ntsb is now on site and has been spending the day at two locations as they continue with their investigation. >> tsome will go to the data

source, some will begin investigating witnesses, all of the steps that we need to do to investigate the on-site portion of the investigation. >> it's not going to be a straightforward investigation, by any means, because this is the ntsb's very first investigation into a catastrophic space launch with people on board. they will take queues from the space shuttle "columbia." the deceased pilot is 39 years old and father of two. the pilot details and the pilot who survived, the details have not been officially released yet but he's described as suffering, quote, major injuries. the hospital is not saying anything else at this time. hopefully the sheriff's office will give us details by the end

of the day, kelly. back to you. >> dominic, thank you. julie? alaska is the last frontier. it may give republicans one of their best chances to take a senate seat away from the democrats. dan sullivan holds a slight lead. hi there. >> reporter: senator begich is at a hall and it's the reversal of what we see in this race, challenger dan sullivan running a cautiously tight campaign and incumbent mark begich is trying to hang on to his seat. we caught up with begich speaking with farmers in palmer and used the clothing argument he didn't use six years ago.

he told them both of alaska senators on that committee, the only time he mentions president only, who has a 30% approval rating here, is to highlight the disagreements. >> obama's poll numbers are so low. he's known that from the very beginning. >> reporter: republican dan sullivan had a consistent lead in the polls but the average has the lead down two points. he's had much fewer public appearances this week but will be joined over the next couple of weeks by texas senator ted cruz, a tea party favorite and romney who won alaska in 2012. a record $50 million has been spent. american crossroads karl rove

super pac has dropped another $550,000 and harry reid is pounding the tv with ads. >> the war on women issue is something that begich and the rest of the democrats has been running. it's becoming absurd. he's running false ads saying that i'm against mammograms, that i'm against women's health care, that i'm against contraception. these are purely false. i'm not against any of those things. >> reporter: and in early-voting polls, which have been strong so far, republicans hold a 35 to 19% lead over democrats but that's to be expected because republicans outnumber democrats by 2 to 1 but the nonpartisans and undeclared will decide this

election. they've got the biggest numbers in alaska. they will decide the next senator of this state. senator begich is about to speak. the group is getting fired up for him. julie, back to you. >> dan, i've got to give it to you. bringing us that report as eloquently as you did with all of that noise behind you, you can only imagine what it's going to be like on november 4th when the election is actually happenings. great reporting. major focus. all right. in the meantime, new details about the capture of eric frein. a member of the special ops team that found frein, they decided to act on a hunch and search the hangar where he was caught. he's accused of ambushing two state troopers, killing money and seriously injuring the other. the parents of shooting victim

bryon dickson spoke for the first time. >> thank you. more than you will ever know. i do not ask for death for him but i want justice to prevail. i want the judicial system to bring him to a place of accountability. >> reporter: frein made his special court appearance yesterday and is currently being held without bail on first-degree murder charges. a preliminary hearing has been set for november 12th. an update on the tragic plane crash that happened near the wichita airport and what search crews have already uncovered, coming up. brand-new fox news polls. just days ahead of election day, we'll reveal the states and how they could decide which party will control congress. and also, the battle to defeat isis becoming even more dire as the terrorists commit more atrocities across the

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time for a quick check of the headlines now. investigators recovering three

bodies from a cockpit voice recorder in wichita, kansas, after a plane crash. a twin engine aircraft slammed into a building killing four including the pilot and injuring five others. one of the students injured at a washington state hospital has died. the 14-year-old girl died friday afternoon. her death raises the number of fatalities to four. a cruise ship carrying more than 1,000 people runs aground in northern norway. rescue crews say passengers are allowed to leave the cruise liner. no injuries have been reported and investigators are trying to find out what might have caused the accident. the same cruise ship ran aground briefly in that area back in march. from america's election headquarters, we are counting down to the midterms. three days before the vote with control of the senate at stake and it looks like it will all

come down to turnout. fox news polls show three states with one-point margins. iowa, kansas, and north carolina. all of them are states where disapproval of the president is high. we' thank you both for joining us. before we go to the polls, i want to show you video that happened moments ago of president only actually boarding marine one to fly up to -- we don't have the video yet. >> okay. >> all right. talk to me. anyway, let's move on. the president is going to detroit so he can campaign there. he's still on the campaign trail. his numbers are already low. how will this impact him in the key states that we're going to be talking about here? >> he's not going to the key states that we're talking about when we're talking about kansas and north carolina, we're talking about iowa. but i don't want to sound overly

confident. conservatives need to get out to vote. these are polls. people are going to make their decision on election day. so two factors here. whoever you get out to vote and whoever gets the independent vote. >> chris? >> well, it's very close. you're talking about, you know, multiple states that republicans need to win that are down to one or two points and it's kind of cliche to say but it doesn't matter. democrats have traditionally had the advantage. it's going to be an interesting test as to whether the republican party has learned the lesson from the last two big elections in terms of turnout. if they haven't, they are going to be disappointed that night because this is clearly not an election whereas much as republicans believe there's a wave and i would say there's s dissatisfaction working in their favor, you're not seeing the polls reflect that. >> chris is exactly right and

republicans should do better. with the president being so low in the polls, republicans should be pulling those young adults, blacks, women, hispanics, but we're not. >> let's show how slim the margins are. let's go to kansas and show who is winning there so far in the lead. greg orman has 44% and the incumbent senator pat roberts at 43%. he should have more of a lead, as you're talking about, angela. >> he should. but i worked for bob dole. kansas wants the true blue. greg orman, is he a democrat or an independent? who are you? i think that's going to bring more republicans to the poll and more independents for pat roberts because they don't want a democrat or republican, they want results. i don't think that they believe or have faith in greg orman.

>> i think they have a real shot there and it is who does he end up caucusing with if he wins. but the fact that kansas is even being talked about is a measure of some of the problems that the republicans have had in these traditionally red states. they are having the same challenges in georgia. kentucky, i would say, not as much as they did but they've had to pour enormous resources in there to keep mcconnell's seat. kansas is a race where they should have won and they should have won easily. >> you're right. >> that's not a good oman. >> joni ernst is going to win in iowa. having john mccain go out there and campaign for her, he's a maverick and she served our country as well. she's very solid. i believe she's going to pull off the victory there. >> chris, even democrats have

acknowledged that joni ernst has had a tough race. how much of an impact will this have on the balance of the power in the senate. >> it could come down to this seat. she has ran a very smart and disciplined campaign in a state that i know is tough for both republicans and democrats. you have to have a really good ground game. the question is, democrats have an advantage there in terms of -- they tend to have an infrastructure that has been built up. >> you're talking about the ground game? >> yeah, the ground game. they have a little bit of advantage there but, again, this is one of those races to watch. i think north carolina is another one to watch. >> and since you're mentioning north carolina, let's show you the poll that is going on with senator kay hagan.

>> and thom tillis. >> kay hagan has won a good race. >> you're giving a monologue. let me speak. she has a record where she's voted with only lock and step. that's where we have the democratic convention where only took his nomination. and now they are running neck in neck and i believe kay hagan will be defeated. go ahead, chris. >> well, thank you. >> angela is taking over the show. >> no, i'm not. no, i'm not. >> so when it comes to north carolina, this is a poll that is going to close early and to me will be a race to watch. if you see this go democrats, then i think it will be a better night for democrats. if this is a race that is called early for republicans, then it's going to be a long, difficult night for republicans and then

she'll be popping the champagne. >> angela, chris kofinis, always a pleasure of having you on. >> angela is a great host. >> she is. >> she really is. see what happens on tuesday. stay right here with fox news. we'll get more. >> try to get through that. the chairman of the senatorial committee, jerry noran, is joining maria bartiromo. and what the party has on the agenda for 2015 if that actually happens. that's at 10:00 a.m. eastern. check out maria. >> we need to give angela a tell prompter where she did that satellite interview. increasing violence from isis terrorists in iraq. daily executions of men and

women. is it time to rethink our strategy in dealing with the ruthless terrorist army? plus, another recall? 8 million cars recalled in the u.s. over a potentially deadly air bag problem. is your car one of them? we've got what drivers need to know. after months of pleading for help, getting out of a mexican prison, andrew tahmooressi is finally home. spiriva is a once-daily inhaled... ...copd maintenance treatment... ...that helps open my airways for a full 24 hours. you know, spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder does not replace rescue inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating,

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that was an innocent mistake. virgin galatic founder richard branson reacting to the explosion of his prototype rocket. the accident killing one pilot and injuring another over the mojave desert. branson says he's determined to find out what went wrong during the test flight and did not discuss any details of friday's accident. the condition of the doctor being treated for ebola in bellevue hospital here in new york city is now upgraded to serious but stable condition. it's a major improvement for the doctor, dr. greg spencer's status saturday when they said that his condition had worsened. he will remain quarantined. word of yet another mass murder committed by isis. at least 50 men and women lined up and shot dead in iraq's anbar province. another four dozen bodies

discovered the day before and a the slaughter of at least 600 religious minority prisoners. at what point does the world just say, enough is enough, and find a new tactic to fight this evil terrorist group? chuck nash is a fox news military analyst who is joining me now. according to the united nations, 1200 iraqis were killed last month alone. that doesn't take into account the 50 men and women that were shot by isis. should u.s. policy change overall in fighting isis? >> i don't think the policy is going to change, julie, nor do i believe it should. this is a fight that the iraqis are going to have to win and if they don't win it, then they are in for a real bad haul. the incentive is on them to win it. we won't see the policy change

but maybe the way we do business over there is going to change. i think you'll hear in the near future an announcement from the defense department that we're putting military advisers forward with the kurdish and iraqi troops so they can maximize the help that we are giving them and bring that more precisely to bear. specifically, with air power and other support that the iraqi soldiers need. >> you say morale is very low and the troops are not trained and the officers are borderline incompetent having been appointed by the maliki government. with that said, how can we trust that this war will be fought and won? >> there are good units within -- when i say good units, there are better units inside the iraqi military and then there are a lot of really bad, crummy units. what it's going to take is, you're going to have to fire

some of these incompetents. they've cleaned out the defense minister, many top generals in the last month because of the humiliating defeats. the units are nothing more than shia militia that have been pulled in and patronage signme signment. assignment. >> they see this as a reinvasion by america, as you point out. should there be more emphasis on assisting ground forces so they can become more effective? >> absolutely. that's why i think we're going to see that change in the way we conduct our tactics over there. we're going to have to put the advisers forward with the

kurdish and iraqi forces in combat. now, they are going to dance around whether these guys are combatants or not but they are going to be forward, they are going to be in harm's way. >> in the midst of all of this on the syrian front, the peshmerga force, part of the iraqi government, is carrying artillery to protect the outgunned syrian militia. how can they protect themselves from an isis siege there? >> it's impossible to do that, to protect themselves from the siege. they have no place to go and enemy completely from the 3:00 to 9:00 and everything behind them is a no-go zone because it's turkish. the turkey as we've seen over t last few days but isis on the

other side of town have the roads dialed in on their mortars. so it's a very tenuous situation so we are getting relief and they are getting more fighters. >> what do sources tell you about how the u.s. is going about getting military advisers into the field and, again, how do we fight isis if we're not on the ground? >> we are going to put u.s. military people out in the field. they are working on that. there will be special operations people and it just has to happen. okay? we just cannot do this any other way and even pretend that we're going to degrade and defeat isis. if even doing that, julie, is not enough. it's going to take the tribes out in the anbar province, the sunni tribes are going to have to overflow these people and the al abadi government, the new prime minister, is going to have to make the critical changes

within the infrastructure so they have confidence in the leaders and all the way up. >> appreciate your intelligence, as always. >> my pleasure, julie. meet the new faces of terror. young western women being radicalized and making their way to syria to join the force of isis and they are more than isis wi wives. they are taking on isis roles. >> reporter: this young woman left her home in bristol, england. this one from glasgow. these girls disappeared from vienna and this one from her home in the south of france. they are among women believed to have snuck off to join isis. many are radicalized online from their own homes. some families get calls from

syria and others wait for news. >> please come back. please. >> reporter: this uk counter extremism expert say that while most are going to be jihadist brides, many have violent ambitions and are security de g dangerous blind spot. >> these women will be returning back home and have stated their intention to do damage to western population. >> reporter: on one hand, they enforce strict morality and dress code. on the other, they have caliphate. >> the slavery of iraqi women taking captive, they are often seen in brussels, for example. >> because what you are doing is inhumane. >> there is pushback with ads like this and this woman working hard to come up with a counter narrative to come up with the isis narrative of islam.

it's. >> they use islam as an excuse to murder people. it's unacceptable. >> reporter: and a recruitment tool for the islamic state. in london, amy kellogg, fox news. republicans are fighting to take control of the senate and democrats are fighting to keep it. what do voters think about their choices on the ballots this year? >> it's more of the same that it has been for the past four or even six years. people not enchanted with republicans. people aren't thrilled with democrats. like, no one is thrilled with their base. (receptionist) gunderman group.

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we are just three days away, folks, from the important, the all-important midterm elections and we're watching them closely for you from america's election headquarters. early voting under way in some states already but what are voters thinking about as they choose their candidates this time around? a lot will fall on this election. our new fox news poll shows 43% of registered voters are most worried about the economy followed by immigration, health care, and foreign policy. juan williams is here, our fox news political analyst. you'll be seeing him for many, many hours on election eve. >> i hope you say that with anticipation. >> i say it in a waive of excitement because you know how to make the elections exciting and this election, more than any, is exciting. we have a presidential election that will follow in its heels so this is huge going into the presidential election. let's talk about some of the

issues weighing on voters' minds and the economy, no surprise, is 43% of us are worried about that. they are looking to someone who can somehow fix our job situation, for example. >> well, the job situation, it's interesting, because if you look at the unemployment rate, it's relatively tame. once you start to talk to people in focus groups, you get anxiety, that people feel like their wages are not going up and wages have not gone up and then people are worried about paying off things, like school loans. >> how about equal pay? that's something that president only had talked about at the beginning of the term. >> correct. >> equal pay, how difficult is it that and how much should politicians make that a focus of

theirs? >> you're not just saying that out of any pride and being a woman. women are the last line of defense for democrats. their last hope. all indications are that this will be a good tuesday for republicans. but women continue to favor the decline slightly but it's still 11 to 12 points in terms of the women favoring democrats. men are 10 percentage points in terms of their favorite republicans. you're exactly right when you point to women and their concerns. now, today, in his weekly radio address, what did president only talk about? pay equity for women because he wants to get the female voters, especially the young, educated female voters to the polls. >> would it have helped, perhaps, if we were no longer arguing over equal pay? and democrats running for office could say, look, this is what we did for you. continue to re-elect us into

office and we'll do more does that hurt when it comes to the female vote? >> it's not enough. >> okay. but you know what, they clearly are hammering republicans on this. republicans call it the democrats' war on -- the republicans call it -- the republicans are having a war on women. republicans saying that is not true and that they are trying to do more in reaching out to voters. on many of these economic issues and foreign policy, you see women tending to put more trust in the republicans. >> 15% only believe that foreign policy is the most important problem facing our c and it's iran nick in that. i want to go to another poll and take it. if president only's policies were on the november ballot, would you vote for or against? 46% of you say that they would vote for and against is 38%.

do these numbers surprise you? >> no. his approval rating is about 43% in a real quick politics average. i think there's a clear sense right now, throw the bums out, including the president. there's a chaos theory. as people go to the polls they say, i want change. voters are saying for the first time, we'll throw out our members of congress. they've always said they don't like congress but they like their woman or their guy. not this time. and similarly, young people tend to go with the democrats. this time, recent poll out of harvard saying they will prefer republicans, especially among likely voters for young folks. >> considering so many young folks with president only. >> that goes back to your point, the shape of the electorate is so critical. >> juan williams, we will be watching you. >> thank you, julie. nice to be with you. >> i appreciate it.

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a major air bag recall that affects 8 million vehicles. it includes honda, ford, and bmw. those air bags could deploy explosively sending metal shards flying into the cabin. so what drivers need to know? we're going to talk about that. mark is an auto critic and columnist for "the detroit free press." mark, thank you for joining us. first of all, how do i know if my car is one that should be included in the recall? >> you should get a letter from the manufacturer and the national highway safety administration has a website you can look up the v.i.n. numbers of your vehicle to see if it's affected. >> this is a dangerous thing if the airbags deploy without any warning. how important is it for people to respond to this? >> it's important. it's not a case as airbags deploying without any warning as

it is with too much violence. there's a problem with the formula of the explosive that is used to inflate the bags and, in some cases, that can explode and drive pieces of metal into the passenger compartment, possibly into a person. but it's after an accident that the problems can happen. >> so what causes this malfunction and does it matter where the person lives? >> it's a little bit unclear, frankly, as to what causes it, whether it was a problem in the manufacturing process, the supplier, or whether they used a bad propellent to fill up the bags. it's most common in temperatures with high temperatures and high humidities. so areas like the gulf coast is where you would be most concerned. this affects most primarily japanese automakers. everybody uses the parts so it's a wide-spread problem.

most automakers are directing their spare parts, first and foremost, to the gulf coast with the areas that are hot and humid weather because it's most likely going to become a problem. >> so mark, are these recalls being prioritized in terms of repairs? >> yes. because there's so many parts, it sends a while to get all of the replacement parts that are necessary. they are sending the parts, first and foremost, to areas where the climate is most likely to lead to the problems. so places with very hot, humid weather. the gulf coast of florida, south carolina, texas. those areas are going to get the parts first. however, anybody who has a vehicle that is subject to the recall should talk to their dealer about getting it replaced because you don't know what might happen with a defective

airbags. it saves a lot of lives but if something goes wrong, it could cause a big problem. >> mark, thank you for joining us. >> my pleasure. >> really important stuff. >> absolutely. well, that will do it for us. "the kelly file" midterm special, the democrats defense is next. >> and i'll be back in a few hours from now. >> you are? >> i am. i'll see you at 7:00. i have the worst cold with this runny nose. i better take something. dayquill cold and flu doesn't treat your runny nose. seriously? alka-seltzer plus cold and cough fights your worst cold symptoms plus your runny nose. oh, what a relief it is. ok, now let's get straight to the point. that's what i appreciate about truecar.

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uhh... um... hold on. introducing the all-new volkswagen golf. plenty of room for whatever life throws at you. good evening everye . good evening, everyone. welcome to "the kelly file" midterm special. the obamacare controversy has faded from the headlines. democrats had a plan to make social issues the cornerstone of the 2014 midterms. but things soon started to unravel. vladimir putin and a group of ukrainian rebels suddenly threatened a cold war-style showdown. by june, a new story pushed mr. putin from the headlines here. thousands of unaccompanied children started