martha: all about that base is in my head all the time. bill: yesterday it was all about that desk. martha: you might have noticed. bye, everybody. have a great day. we'll see you tomorrow. jon: a new vision from the president and republican leaders in the wake of the midterm elections on tuesday. good morning to you, i'm jon scott. heather: i'm heather nauert, in for jenna lee. we await a briefing from the white house in just a short time, new comments coming in from house speaker john boehner. the president is gearing up to meet with congressional leaders tomorrow at the white house. though he says is willing to work with republicans mr. obama made it clear he will act on immigration with or without them. >> whatever executive actions that i take, will be replaced and supplanted by action by

congress. you send me a bill that can sign, and those executive actions go away. heather: mitch mcconnell expect to become the new senate majority leader. he said any executive action on immigration would be quote, waving a red flag in front after b wendell goler is live in front. white house. sound like we're gearing up for some sort of a fight, wendell. >> reporter: maybe not kumbayah. the president says he is ready to drink kentucky bourbon with incoming senate majority leader mitch mcconnell but attempts to compromise with house speaker john boehner didn't produce much. the two lawmakers said of this week's republican win in "wall street journal" op he had, it also means renewing our commitment to repealing obama care which is hurting job market along with americans health care. of course with the president that is a nonstarter. >> repeal of the law, i won't

sign. efforts that would take away health care from the 10 million people who now have it, and the millions more who are leviable to get it, we're not going to support. >> reporter: mcconnell and boehner also say they will push legislation putting people to work on the portion of the keystone xl pipeline held up by a state department environmental study but white house spokesman josh earnest told cnn this morning it is still not clear if that would increase greenhouse gas emissions and there may not be enough votes to override a veto. meanwhile mr. obama still intends to implement immigration reform by executive order though mcconnell says that would poison the well. even "the washington post" warns against it but illinois congressman louis gutierrez said the president already angered hispanics putting off immigration action until the election. >> what did you get? nothing. you lost the senate and you angered and disillusioned a

community that is always been so loyal to you as a party. so do not think that half a loaf is going to suffice us. >> reporter: as you say, first test of compromise comes tomorrow when mr. obama meets with more than a dozen congressional leaders here at the white house. heather? heather: some interesting times. wendell goler at the white house. wendell, thank you. jon: as wendell just reported house speaker john boehner and expected senate majority leader mitch mcconnell both outlined their plans for the new congress in that "wall street journal" op ed, writing we are humbled by this opportunity to help struggling middle class americans who are clearly frustrated by an increasing lack of opportunity, the stagnation of wages, and a government that seems incapable of performing even basic tasks. joining us now, bob cusack, editor-in-chief of "the hill." when the president got up there to the podium yesterday you didn't hear him say that he reads the desire for change into those vote results.

>> no, jon. very different press conference than he had in 2010 when democrats lost the house. he said at that point, it was a shellacking. yesterday, he would only go as far to say republicans had a good night. talk is cheap. i don't see a lot of action happening and john boehner and mitch mcconnell know that the relationship between the white house and congress is not good. it is likely not going to improve. but they're putting a plan together. part of that plan is moving the, some of the bills, hundreds of them that passed the house that did not pass the senate, and try tock divide democrats such as keystone pipeline. as wendell said, president obama could veto that but that looks like it has votes to pass the house and senate. jon: i didn't hear him use the word, negotiate, in that news conference. i, he seemed to be saying, whatever they bring to me has to be something that i like? >> yeah. well he had to repeat he is president of the united states and that is never a good sign after election when you have to point that out. and certainly he has his veto

pen. so republicans gameplan is to make obama the party and democrats the party of no. republicans have been labeled that. mcconnell and boehner want to turn the script around and force obama to veto a lot of bills. that is going to be tough. governing is tough but republicans have a plan and relationship between john boehner and mitch mcconnell is very, very close. jon: so do they have the votes on something like keystone for instance, to override a presidential veto? >> that remains to be seen. i think there are several votes short of the necessary 67 in the senate. but, certainly that is, they will get a lot of democratic votes on that. organized labor wants keystone. maybe the administration goes forward and at some point approves that but we, they repeatedly delayed it. i don't think that will happen anytime soon. jon: that was one of the reasons that harry reid refused to permit a vote on keystone because it was a program, an idea that has a lot of democratic support, right? >> yeah.

and that is what republican leaders want to do. they want to take different issues, also repealing the medical device tax in obamacare, something that even al franken supports. they want to use those bills, divide the democratic party, put points on the board, something john boehner likes to say, put points on the board, passing a lot of bills, not only through the house but also through the senate. jon: you also got indication, ed henry flat asked the president, you know, basically, i haven't heard you say that you're going to change anything about the way you conduct business and the president doesn't sound like he intends to? >> no. and i've been talking to some democrats, you're not seeing a white house shake-up. you're not seeing any leadership changes it looks like in the senate or the house. it looks like nancy pelosi will be the democratic leader, as well as harry reid as democratic leader in the senate. so some democrats are a little upset they want to say, what did we do wrong, we need to look at lessons learned this was not a good election night for

democrats. jon: so does it mean lots of fireworks for the next two years? lots of recriminations and unpleasantness? or is there actually going to be stuff getting done? >> i think there will be more stuff getting done, certainly than this congress. i think this is one of the worst congresses. republicans own the next one and so i think they are going to have some agreement, some bills that the president will sign but then the president's got to make a decision whether he wants to get stuff done, or just push back and use his, as he said, his pen and his phone to do a lot of executive actions. jon: yeah. the possible executive actions on immigration is what everybody is wondering about right now. waving a red flag in front of a you will about. mitch mcconnell said it would be. bob cusack, bob, thank you. >> thanks, jon. heather: well good news. marine sergeant andrew tahmooressi is finally free after he was held in a mexican prison more than 200 days. sergeant tahmooressi is resting at home with his family in south florida. william la jeunesse is live in our west coast bureau with the

details. william, how is he doing so far? >> reporter: well, he is looking thinner, heather after seven months in a mexican prison. sergeant tahmooressi gave an exclusive interview to greta that airs tonight. he explains how guards beat him and shackled him to a bed post after an attempt, escape attempt from tijuana's notorious la mesa jail where inmates threatened to kill him. tahmooressi said he welcomed the guards beating him because it meant getting transferred out of the general population. >> they just started hitting me. they started hitting me, hitting me in the face with open palms, nothing full-blown but just like -- whew. that was actually joyful to take that beating. i was happy about that beating. >> why? >> i knew the beating was coming. they were telling me stories about the guards, about how you know, if someone acts up or does something wrong they get beat. i already knew it was going to happen to me. >> reporter: tahmooressi made in

detail he made a wrong turn ended up in mexico. he thought, no big deal. i made a mistake. they will understand, i can turn around. he noticed a change in attitude among mexican agents at the tijuana port of entry. >> i was thinking hopefully these guys would be contract and caring and understanding but you know, i started feeling the things just, something shift there you know. they were very helpful and then it shifted. and, then it, i knew, you know, this is, this could be bad. >> reporter: that's an understatement. bad it was. last week however mexico dropped the charges withdrew the case if you will. tahmooressi can get his ptsd treatment now which he expects to begin soon. heather? back to you. heather: you think that could have happened so much sooner. so thankful he is home. sergeant tahmooressi sit down with "on the record" with greta van susteren for a one-hour interview.

you can not miss it. the special, marine freed, sergeant tahmooressi story airs 7:00 p.m. eastern time on fox news channel. definitely want to check that one out. jon: well a musician with a legendary rock and roll band in big trouble with the law. cops say he tried to hire someone to do a pretty dirty deed. plus gdp is the rescue after a young woman is brazenly kidnapped from a public street. we told you about this story. there is a happy ending. we want to hear from you, do you think the white house and the new leadership in congress will be able to work together? or, is it going to be business as usual for another two years? go to foxnews.com/happeningnow. it is our topic of the day. click on "america's asking" and get your thoughts into the conversation. [ male announcer ] you wouldn't leave your car unprotected.

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new york found her guilty of manslaughter in the death of her eight-year-old developmentally disabled son. she gave him a deadly dose of prescription drugs in a hotel room. hikers found the body of gavin smith in a rural area outside of los angeles more than two years after he disappeared. smith last a hollywood movie executive and former basketball player at ucla. police are calling it a homicide. >> droller with the legendary rock group ac/dc accused of trying to hire a hit man. police in new zealand say phil rudd tried to hire someone to kill two people. he is also charged with drug possession. >> carlesha free land has been rescued. her abductor has been arrested. [applause] heather: boy, that is a story that we sadly do not hear too often. some great news. a young woman snatched off the

street last weekend is safe and sound right now and her accused kidnapper is in jail. it was caught on video in philadelphia where the 22-year-old nursing student struggled to get away from a man. police traced the suspect's car to a parking lot outside of baltimore. they were able to grab her and they brought her home to her family. laura ending gell with more on this remarkable story. we were just talking about this during the break. amazing how the police tracked down this guy's car. >> reporter: it is. good ol' detective work in action here. again a great end together story. law enforcement credits carlesha gaither's fighting spirit to help save her own life. shortly after she was taken off the street, the 22-year-old kicked out the back window of her abductor's vehicle. that broken window is part of what authorities noticed when she was spotted in maryland. a federal agents received information to be on the lookout for the vehicle in this surveillance video we've been showing you involved in the abduction. atf agents found the car in jessup, maryland, which is

120 miles southwest of where she was grabbed in the germantown section of philadelphia. they arrested 37-year-old delvin barnes after his car was spotted, surrounded by law enforcement. the fbi telling fox news today agents began tracking barnes's gray ford taurus through a gps placed inside the vehicle by the car dealership where it was purchased because it was installed because of barnes's poor credit. police say it was a vital tool. >> when the subject exited the vehicle, he was apprehended and that is when miss freeland was recovered. she is in good shape. has some injuries but is being, was taken to the hospital. >> reporter: barnes was known to police. he is being held on unrelated virginia warrant alleging attempted murder, assault and malicious injury with acid, explosives or fire and will face federal charges in this case. police say freeland gaither has some injuries but wouldn't

elaborate. her mother who publicly begged for her daughter's return, stalks about the first phone call with the her daughter. >> she was very upset and crying and asking for me. she missed me. come get her. >> what did you say to her? >> i'm going to get my daughter. i'm going to get my baby. >> reporter: her mom says she is resting at home and is very shaken up but okay. heather: what an unbelievable ending to that story. so happy to talk about a positive ending. jon: apparently they didn't know each other, right? >> reporter: first we heard they may have known each other. we hurt reports maybe a boyfriend. it appears this was random. the question is why is this guy even out of jail. we have a legal segment coming up in the next hour to talk about. that laura, thank you. jon: the prime suspect in the disappearance of natalie holloway, joran joran van der st injured in prison. how his attorney claims it happened and why. plus more airstrikes on terror groups in the middle east. the latest targets and whether the u.s.-led coalition is

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of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. jon: right now some brand new information on convicted murderer, joran van der sloot. according to his lawyer, van der sloot was seriously injured at a maximum security prison in peru. he claims his client was stabbed

not once but twice. he argues fellow inmates are attack joran in an attempt to close down that remote prison. the dutch national is currently serving a 28 year sentence for the killing after peruvian woman, stephanie flores. we're about to get her picture on the screen. stephanie flores was murdered in 2010. this of course is natalie holloway. van der loot is the prime suspect in her disappearance. that american teenager disappeared in aruba while on a high school trip. once his current sentence ends, he is expected to be extradited to the u.s. to face charges on trial that he extorted and defrauded holloway's mom by promising to take her to natalie's body for $25,000. >> u.s. strikes in the middle east are now targeting at least three different terror groups. isis, al nusra and the core raw son group. american airstrikes hit a al nusra compound and fox news reporter jennifer griffin and

her producer reported that a u.s. drone strike targeted and believed to have killed a french bomb-maker who belongs to the khorasan group. centcom just confirming these airstrikes but we're still working to confirm the toll of course as they are. as a "new york times" article today suggests that we are stalling the momentum of isis. here to discuss this is tom rogan, a columnist for "national review" and "daily telegraph" and also a fellow at the steamboat institute. tom, we have got a lot to talk about. start out with the three groups that the united states is now fighting. have we broadly expanded the administration's stated mission here? >> i don't think broadly but what we have done is taken some strikes against groups that have for a long time been playing under the surface, been gathering in terms of threat and scope of threat and so these are necessary steps. but unfortunately they are too little after too long. hopefully they will be escalated and in the coming days. there is diversity of different,

unfortunately, salafi jihadist groups inside syria and it is not just isis and these strikes reflect that. heather: we hadn't heard a lot about khorasan group recently. we had the big scare here maybe a month or so ago. do we know what is going on with them? do we have any additional information from them? >> what we know, people i talk to telling me, the issue with the group is in contrast to isis with very bold, open, overt strikes, trying to seize territory, trying to put themselves on the propaganda map, khorasan or collection of al qaeda individuals who form the khorasan group have been moving under the surface, developing, the old school kind of al qaeda tack takes to bring down -- tactics to bring down planes, select group of europeans to have spectacular strikes in the west. they are trying to avoid scrutiny isis attracted and work towards that fundamental objective of striking the west. heather: i'm wondering if we

have specific intelligence about something. as i just mentioned there was a drone strike apparently targeting this french bomb-maker who it is believed came up with according to french intelligence some sort of way of dipping clothing into explosives materials and that could bypass airport security and that had become a big concern. that guy may have been taken out s there anything specific that we know about that? >> well, what we know about khorasan they have links to al qaeda in the arabian peninsula. very noticeable person, some of the people should perhaps google, ibrahim al-asiri, bomb-maker for al qaeda. he has done some very ingenius unfortunately plans to develop different types of explosives that can be smuggled on to airlines. khorasan are trying to use that expertise and expand on it to get through air point checkpoints. they have a fetish for aviation because of its trade. heather: we have to see if in

fact they got him with the drone strike. "the new york times" says today, seems to indicate things are going pretty well for the united states. "the new york times" says, quote, days much easy and rapid games for jihadist may be coming to a close in iraq as the group's momentum appears to be stalling. do you agree with that assessment? >> no. heather: why not? >> i think it is very misleading because it paints the picture somehow isis is being seriously degraded but if you look at territory they hold. for example the control along the euphrates corridor, control cities and towns towards baghdad, they control fallujah, 70 kilometers away from baghdad, they control territory in anbar province, basically on the cusp of falling, they're massacring sunni tribes, that allowed territorial control linking to the turkish border and allows them to project terrorism or conventional campaigns towards cities like karbala in the south with a big shia religious memorial at the moment or towards baghdad. again, what that does is it

forces that politicization of sectarianism, which is the heart of this conflict, on one side with iran and on the other side isis. makes them pose a serious threat. look at lebanon. heather: yeah. >> here is proof what "new york times" is wrong. look what general dempsey saying last week about boots on the ground for anbar. that urgency reflects conception of threat fundamentally at odds with "the new york times." heather: wrote about that in the "national review." tom rogan, very interesting article. tom, thanks so much. we'll talk to you again. >> thanks, heather. appreciate it. jon: new kind of deadly violence rocking the middle east. terrorism on wheels, using vehicles to kill innocent people, just going about their business. tell you more about that. what a difference two years can make in getting the latino vote. did republicans find an opening on immigration with this key voting block?

heather: still to come this hour of "happening now," the president threatening to take executive action on immigration reform. will it be enough to keep latino voters in the democrats column in 2016 especially after republicans made headway with the key voting bloc in the midterms? a rash of armed robberies at a pizza place. now one owner is offering a pretty tasty incentive to stop them. plus how one woman spark ad

huge car pileup during rush hour. what she did that led to chain of reaction crashes. look at that. jon: well the middle east facing a new kind of threat, what some are calling, vehicular terrorism, after a string of deadly car attacks in israel all in the span of about two weeks. conor powell live in jerusalem with that. con no connor? >> reporter: jerusalem is a flashpoint but here tension is mounting just yesterday a palestinian with suspected ties to hamas rammed his car into a group of pedestrians, killing a police officer. this follows a similar attack last week when a palestinian plowed into a group waiting for a train. two people were killed there, including a young child. israeli police shot both drivers and called them terror attacks. there was second incident where a palestinian driver hit three soldiers. driver turned himself in and

incident is under investigation. tensions here have been high in jerusalem for weeks as right-wing israeli groups have been you pushing for access to the religious compound and moslems to and temple mount to jews. clashes between israelis an palestinians at the holy site have been constant for weeks. israel restricted access to moslems to the area and palestinians believe these jewish groups are propoking violence break the status quo agreement covering these religious sites. under the agreement israel has with jordan, israel is supposed to keep open the haram al reef but jews are not supposed to pray openly. they are urging for access to the site and changing agreement. jon, israeli prime minister, benjamin netanyahu said the status quo agreement will remain in effect. that is unlikely to stop violence and growing tension

here. we've seen a real push for the way in the change that these holy sites are governed but it is a tricky situation for the israeli government who has good relationship with neighboring jordan and wants to keep that. any change to that agreement where jews are allowed more access to this moly site would undermined that peace agreement with neighboring jordan, jon. jon: conor powell. >> from america's election headquarters, republicans making a hard push for latino voters and actually getting some of them on tuesday. this is going to be a critical demographic in two years. meantime, president obama says he will push forward on immigration reform with or without the help of congress. we'll joined by angela mcglowan, fox news political analyst and julie roginsky, former political advisor to senator frank lautenberg and fox news contributor. julie, let's start with you. had the president passed immigration reform or had he done his executive immigration reform before the midterms would

the democrats be in a different spot today? >> i don't know if he would have been different spot he should have done it. it would have helped mark udall. he punted purely for political reasons. no matter what the white house was saying that is why it was done. you see the result. latinos were disenergized a lot of them stayed home. they overperformed from 2010 but completely underperformed for the democrats. heather: republicans reached out to latino voters. it helped them in florida and colorado. they did a bunch of spanish language ad. tell me the importance of that outrage? >> they did a good job but we could have done a better job a lot of minoritieses believe my party will only go to them when it is time to get get-out-the-v. bush got 45% of the latino vote and went to the community and did coalition building and grassroots building. what we need to do, heather, right around election time instead of doing commericals in

spanish we need to get-out-the-vote early and show hispanics what we can do from hispanic standpoint. heather: like what? >> eva longoria even said hispanics are more conservative. they're very spiritual just like blacks. black folks are very conservative. bush won 2004 getting 11% of the black vote in ohio. he won four more years. we need to promote self-reliance and self-sufficiency, individual responsibility. we're not second class citizens just because we're black, brown and red. heather: condoleeza rice was on "fox & friends" and julie i want to ask you about this, earlier today she said quote, we can't have a circumstance in which we're going after a problem as meddlesome and potentially divisive as immigration by executive action only. that has to go through the people's representatives. that is our system. that's the congress. of course that is what the framers intended, to go through congress. the president doesn't appear to

want to do that. >> well the president doesn't want to do that. in fact he said at his press conference he would rather go through congress. senate pass ad bipartisan bill and sent it to the house and they did nothing with it. >> that is not threw. >> the house has not taken that up. >> they want to take it piecemeal through committee. >> in the house is grassroots, you have hearings on issues. i work in the house. you work for the senator. >> i worked for both. >> i worked in the house where you take it piecemeal. that is what they want to do. they don't want do courtroom it through. they want to see what was actually in the bill. >> give julie point. >> the point condoleeza rice is making we should have national debate. this is enormous issue that will have great implications not just financially but on our schools and socially. isn't this is debate we should have congressional level? >> we absolutely should. to angela's point they could have taken the piecemeal approach years ago put john boehner has not done that. so nothing is getting done and senate has done its job, the

house, you're absolutely right but they have not taken it up. >> this have held hearings on it. >> no. >> boehner saying he hasn't done these things. he needs hearings on these issues. >> with all due respect, john boehner could bring it up to the vote. he is speaker. >> he has to respect his caucus by allowing them take it through the caucus. heather: will they all be on the sail page? ladies is it. >> they will not be on the same page. >> they had it for years and have done nothing. >> this is debate. this is see enormous issue and some people are passionate about it. julie roginsky, angela mcglowan. we'll talk to you real soon. jon? >> while most americans were watching senate races voters in california decided to change the law on some drug crimes. those could let thousands, maybe tens of thousands of inmates back out on to the streets. we'll tell you more about that. owners and workers fed up with a rash of pizza joint robberies, how one worker fought back.

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heather: well the owner of a pizza joint is now offering free pies to the person who stops an apparent serial robber. there have been a rash of armed robberies at pizza time restaurants and others in washington state like this one that is caught on video. employees say enough is enough. he wrestled robber out the door. the gun actually went off and hit the ceiling. the thief ran away. police think he robbed another restaurant an hour later. an owner in olympia, washington, is offering free pie to person who helps catch the thief. if you know anything, call crimestoppers. 800-222-tips. creative way to catch the guy. jon: voters in california approved a measure called proposition 47. it makes possession of hard

drugs, cocaine, heroin and methamphetamine a misdemeanor instead after felony. jailers are ready to open the doors. that will save the state hundreds of millions of dollars but some members of law enforcement say this not the answer. let's get into a panel discussion. joe shrank runs recovery program, rebound brooklyn. mike ramos, district attorney in san bernardino, california. mike romano is an attorney who helped write proposition 47. director of three strikes project. welcome to both of you. mike romano, we mentioned you helped write it. why did you see, what do you think is the need? >> so in california we have a huge problem with prison overcrowding. we have seen that we can release people from these extraordinarily long sentences n california people are getting sentences, life sentences or sentences up to 10 or 12 years for simple possession of a fraction of a gram of drugs. and we've seen that we can safely release these people and put them into treatment programs

and the voters overwhelmingly would prefer having these shorter sentences and treatment programs to direct those savings into rehabilitation programs, schools, and victim services rather than paying to incarcerate these people for dozens of years. jon: mike ramos, what do you think about that? >> yes. and i'm with all due respect i totally disagree with that analysis. we have programs in place, rehabilitation programs, drug courts, that have been successful. with this initiative it has taken away some of the initiative for people to attend those drug programs. and what we're doing here is basically a get-out-of-jail-free card. these people are not your non-violent, non-serious felons. most of them have serious felony background including armed robbery like the pizza segment you just showed. i think it is the wrong approach. i understand what they're trying to do as far as drug rehabilitation but this is not the answer and they forgot all about victims and what is occurring in the state of

california. i'm afraid this will be a national trend. jon: joe, you come at it from a treatment point of view. >> yes. jon: if you decriminalize methamphetamine even, decriminalize, can you get people more treatment? or is jail the best way to go? >> jail is not the best way to go. doesn't make any sense to incarcerate people for health choice. wouldn't make any sense to incarcerate diabetics eating candy bars or people with hypertension eating cheese. this doesn't make any sense either. addiction or drug use is a health issue. incarcerating them or putting them through the judicial system makes absolutely no sense at all. this is a half measure. really what we're talking about is legalization. it is government overreach for the government to tell people what they can put into their own body. so the answer is, not ever incarceration. >> mike, mike ramos, does this mean people who have been convicted on, you know, sent to longer sentences, three years

and more for some of these drug crimes, will they be just let out-of-state prison now? >> yeah. there will be thousands. really concerns me, and in my county alone we have somebody in prison now for assault, and attempt, voluntary manslaughter on a peace officer, two counts. and he continued to commit crimes and continued to have controlled substances and drugs. he was caught with methaphetamine and -- methaphetamine and sent to prison to serve that time because of his violent background. this person will now be eligible to be released as a misdemeanor with no controls. and my concerns again are for safety of the public. it is not just drugs we're talking about. theft crimes. if you steel a handgun, and under $950 that is only million. i understand drug treatment. i truly believe in that. i think this initiative was the wrong approach. i think what we'll pay real close attention to it, don't get

me wrong. my colleagues across the state of california we'll try to make this work with our protection of our victims out on the streets in the state of california. but again, as vice president of the national d.a.'s association i know this is a trend coming across the united states of america. and we, the d.a.s, should be at the table when we're trying to fix this whole area of sentencing. jon: mike romano, this proposition 47, as i understand it, was called the safe neighborhoods and schools act. how does it make neighborhoods and schools safer? >> well, first of all i want to respond to something d.a. ramos said. nobody gets out of prison under 47 without a judge saying they're no longer a threat to public safety. first of all we're only releasing people no longer threats to public safety. we're only shortening sentences a short amount. these are people come back into the community we'll have to handle one way or another. the reason why proposition 47 enhances our schools and our neighborhood is because it directs the savings from these

long prison sentences that have been proven in and all evidence shows long prison sentences do nothing to improve public safety. it directs savings into the schools, into victim services and treatment for mentally ill and drug addicted people. proposition 47 actually does two things. it reduces unfair and unjust sentences. it also directs savings into treatment programs to hopefully reduce crime. we've been doing this for two years in california already and so far it has been extraordinarily successful. as i think mr. ramos knows, proposition 36, which changed the three-strikes law has released people who would even think are more dangerous yet they have been coming out and have record low recidivism rates. we have good record in california being able to idlent people who can be released safely into the community and put them into reentry and drug treatment programs and mental health services they desperately need. jon: but joe shrank, by reducing some much these penalties are you saying to people, go ahead

and use drugs, it is not a big deal, society down care? >> i think one of the fundamental problems with it presumes by criminalizing these things that people use less. they do not. this doesn't do it. engaging them in treatment. treatment works. recovery works. those, it is a huge savings to the taxpayer when somebody is stable in their mental health and addictive behavior issues. so having them go to jail or with a threat of jail, it might motivate them in the short term but doesn't keep them off these substances in the long term. it really doesn't make any sense. it actually is the distilled spirits lobby that holds all of us hostage because they want to have continued mow noization on legal intoxication. it is just not right. this is bad policy to incarcerate people with health issues. jon: it is an interesting experiment. we'll keep an eye on it. we'll see how it works. maybe have you back to discuss it again in a year or so. joe shrank, mike ramos, mike romano. thank you for being here today.

>> thanks for having me. heather: i wonder if people voted for the proposition knew what it was really all about, that title you just mentioned it is very misleading. jon: well, you know, i think everybody wants safe schools and neighborhoods. heather: certainly. but then you get. jon: but they didn't know what they're really voting for. we'll see. heather: fascinating. we'll continue to discuss that one. meantime there is a horrifying crash involving multiple vehicles. what caused this shocking accident right here. a former baltimore raven ray rice appealing his suspension from the nfl. we'll have a live report from new york. nineteen years ago, we thought, "wow, how is there no way to tell the good from the bad?" so we gave people the power of the review. and now angie's list is revolutionizing local service again. you can easily buy and schedule services from top-rated providers. conveniently stay up to date on progress. and effortlessly turn your photos into finished projects with our snapfix app.

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fatigue and low voter turnout? or does he need to take one for the team? >> former nfl star ray rice and his wife reportedly testifying today in his appeal of his domestic violence punishment. he accusing the the league of punishing him twice but can the nfl afford the fallout if it reinstates him? >> i don't know if you saw it, there is outrage over a joke during country music's biggest night. was it racially offensive or is the backlash political correctness gone too far? >> we shall discuss. hash tug one lucky guy on "outnumbered" at top of the hour. >> yea. back to you. jon: thanks very much. see you next hour. heather: right now there is incredible new video of a horrible bush crash to tell you about. elderly woman in china can be seen as she slowly cross as four-lane road right there. she walks right in front of a oncoming bus. the bus swerves, losing control smashing into oncoming truck, getting in the way of other trucks and eventually another

bus causing several more vehicles to collide. 10 much passengers on that bus were slightly injured. boy look at wreckage right there. the woman who walked in front buts suffered multiple fractures but otherwise okay. jon: unbelievable. former baltimore raven ray rice back in new york an appealing his indefinite suspension from the. [fl. earlier today rice and his wife entering the hearing. he was suspended, you probably recall after the shocking video emerged showing him knocking her out in a hotel elevator with a punch to the face. chief correspondent jonathan hunt live in our studios. he has details for us. >> reporter: big day for ray rice. he is due to testify on this second day of his hearing. exactly what he plans to say, we don't know, like everyone else he is abiding by the gag order issued by the arbitrator. when we found out rice along with wife ja'neh arrived at the smart of the appeal. ray, how are you feeling today? are you confident?

>> let us through. come on. >> reporter: anything to say at all, ray? >> give my wife some space and move please? >> reporter: first up to testify yesterday was nfl commissioner roger goodell whose credibility and even his job are also on the line. he arrived in an suv with blacked out windows and was driven into the building. we understand he was questioned for about two hours. while we don't know the details it is safe to assume that questioning focused on exactly what the commissioner knew about what happened inside of the elevator where ray rice punched his wife and when he knew it. that line of questioning goes to rice's argument that he was subject to double jeopardy. he claims he told the nfl everything from the start and that he was punish ad second time with the indefinite ban only because the explosive video became public. now legal experts say rice's case is fairly strong. we expect a reasonably quick ruling from the arbitrator, barbara jones, probably within days.

but even if rice were to be reinstated makes question whether any team would want to sign him this season, jon. jon: what a story. jonathan hunt, thank you. we're awaiting a ceremony at the white house

>> we will see you back here in an hour. >> "outnumbered" starts right now. >> we are awaiting presidential award of honor. he will get the award as he served in the civil war. he was killed in the battle of gettysburg and credited with helping to lead the outmanned union army. we will bring you the president's remarks as soon as we get them. >> this is "outnumbered." i am' sandra smith. with us, harris faulkner,