>> we'll talk about it on the after the show, show. and jesse comtemplating divorce? go to the web and we'll see you back on tv, "happening now" starts now. >> we begin with a fox news alert. healthcare.gov is going live again, mor than a year after the botched roll out. >> we are waiting the news conference and officials promise the website will be easier this time. >> time will tell. >> what do you think of that? this is "happening now". >> we are in a position to start going on. >> turning up the heat on isis. >> the islamic state top terrorist was critically injured this weekend. did u.s. air power but a l- baghdadi out of commission? >> and healthcare.gov up and

running again. will open enrollment go more smoothly than last year? a routine traffic stop takes a violent turn. >> now talk of criminal charges and who was wrong here? it is all "happening now". first, our top story. the leader of isis. the world's notorious terrorist is critically injured right now. i am jon scott, for for "happening now". >> al- baghdadi was wounded in an air strike over the weekend. the pentagon cannot confirm. that there were air strikes in northern iraq over the weekend and a major focus of the

campaign is to wipe them out. kathryn leads us with the latest. do we know anything about al- baghdadi at this point? >> reporter: they are saying nothing to indicate that a l- baghdadi was killed. he was injured and transferred to syria for medical treatment. with the death of any major terrorist leader, the u.s. expects more chatter. it seems clear that there were two separate operations, one from the air and separate from the iraqis. the pentagon launched a series of strikes and targeting isis leadership and a convoy of ten truck. this demonstrates the pressure we are placing on isis network and the maneuvering and

communicate and command. there is a second report coming from tribal leaders and iraqi that a meeting of isis leaders was targeted on qa im. and he entered the town in black gear and convoy and the fighters were killed. the ainistration is assessing the reports and offering no firm confirmation. >> our department of defense and intelligence officials are looking into those reports. i have nothing to confirm for you at this time. we have worked every day to take on the threat of isil and the threat it poses in to the united states. we have nothing to confirm at this point in time. >> if baghdad was taken out. there is a deszigated number two. there would be a logical

successor if you will to step in. >> kathryn, thank you. right now, the president is in/beijing telling business leaders that one country prosperity doesn't have to come at the expense of another. we'll have the story from wendall. why the timing of the trip? >> reporter: well, the president looks at business leaders. mr. obama arrived in/beijing when the postal service was hacked this year. the chinese are suspected. a post office statement doesn't blame them, but said the hacking may have compromised the personal data of hundreds of thousands of employees.

president obama and leader of china had talks about hacking last year. mr. obama is talking with other nations about a trade agreement that does not enclude china. the democrat's midterm losses show that the american people down graded mr. obama. >> the handling of china came up in a brief q&a. >> we don't expect china to follow an american model in every instance. but we'll have concerns about human rights. obviously the situation between china and hong kong is historically complicated and in the process of transition.

>> reporter: the president was asked about the north korea release of two americans. it didn't involve any investigation over the nuclear program. he is believed to have sent a personal message to kim jong-un identifying clapper has his emissary and ask if he had a better idea of kim's strategy the president said no. >> thanks. >> president obama doubled down on the agenda, the president is now taking responsibility for his party's shellacing and said the white house should have communicated better to voters. >> the buck stops here at my desk and as the head of the party it doesn't do well, i have to take responsible for it. >> and the president defends his

plan to by pass congress and change impigration law and a plan to bring amnesty to millions of immigrants. >> a lot of the headlines say that the president a week later is taking responsibility for the party's losses in the midterms. do you see it that way? >> he kind of is. he's putting the best spin he can on the result and said what we are hearing in the last few elections. the public wants washington d.c. to work. and that's the president's take on it. he said the buck stops here and no indication he will stop his staff or policies. he thought that the policies were right and needed to do a better job of selling them. that's one of the short comings from last tuesday. >> people see washington gridlocked and know one person

in washington and that is the president of the united states. and almost sounds like no matter who would have been president, the people would have been upset. that's the way he takes it. >> he spoke of in the post election conference. he spoke to two-thirds of the folks who didn't vote. the president will put the best spin on the election loss he k. and the question is what happens when you move forward. and you know, if the public wants dc to work, with him to move ahead on immigration as would hamper that in the new congress. he was warned by john boehner and mitch mcconnell. >> that's the language mcconnell used. and mccain said waving a red flag in front of the bull. the president seems bound and

determined to go anyway saying he waited long enough for congress to act? >> yeah, every indication from the rhetoric and body language, he will do it by the end of the year and he's in a tough spot. he promised you know immigration activist and folks on the left and luis gutierrez, said that there will be civil war in the democratic party if he doesn't pass this thing. he's broken promises on this before and now faced with a new congress who they think they would be able to do something after the first of the year. if he moves ahead with this, it will make it difficult. >> he doesn't seem to understand that there is a lot of people on the opposite side who simply don't think what he's done with obama care is a good idea. >> right. and going back to immigration for a second, what the president

said in the interview with bob, there is time left. and the senate had bipartisan support and it is hard to so how a newly relengthed congress is going to move a democratically sponsored bill in the lame duck. it will be a flash point in the next couple of weeks. >> stick with us for this announcement, tom. this fox news alert. the u.s. just released the obama care enrollment forecast for 2015, it is lower. the white house said they expect 9 to 9.5 million enrollments next year. the original forecast was 13 million. so it revises downward in the

2014 numbers as well. and those numbers are expected to drop to 7.1 million. the original forecast was 7.3 million. and this is, tom, the president's signature law that pushes back deadlines and now, they are dropping the number of people that are expected to enroll? and they did drawback the enrollment date. this is interesting for the republicans, too. mitch mcconnell said we'll not have shut downs and show downs. and he's getting pressure from the right to repeal and not a mend or fix. it but outright repeal it. these numbers will add support to that. >> everybody knows that repeal is an exercise in futility as long as the man whose name is

attached to the bill and law is sitting in the oval office. why not nibble around at it. but you will not be able to repeal it while president obama is in office. >> that's the point people made when ted cruz tried to shut down the government last year. it is simply not going to happen. republicans are saying we can pass a fix on the medical device and defund parts of it, but not outright repeal. and obama would never sign that and that's where they probably will be headed. >> healthcare.gov is about to go live again. those numbers just out from the government, suggest that 2014 and 15 are not looking good for the number of obama care sign ups. tom, thank you. >> thanks, john. >> caught on video, a man was just standing up for his rights.

>> look at this. >> this is not right. (bleep). >> this is a search warrant. >> if that is the route you want to take. there is no reason to search my car. >> see what happens next and what our legal panel said about it. >> be careful with the laundry detergent pods. thousands of children have ended up in the hospital and some of them have died. will healthcare.gov's open enrollment period go smoothly this year? go to fox news.com/"happening now" to join the conversation. . you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa.

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>> a sheriff's office in upstate new york suspending an officer after he is caught on video slapping the owner of a car who refused to let him search the car. the officer spotted a rifle

after receiving a call about a suspicious vehicle in the area. take a look. >> why? you can't do that, though. >> now sergeant shaun black is suspended without pay. and so he thought there was a rifle in the car and thought he saw that and received that about a suspicious vehicle. is he allowed to search the car without a warrant? >> no. i would say no. >> you can search when there is exigent circumstances and it is a get away vehicle or hurt somebody. if you are in a parking lot and simply see a rifle in the back of the car. every hunter is allowed to do. the cop was out of line. and the motorist said i have

rights basically and you saw what ensued. >> the guy is protected by the fourth amendment right, right there. the police was not able to slapped him and what kind of case does he have. >> they are look nothing a harrassment claim. because the smack did not cause injuries. but it is a misdemeanor and in addition to that the victim could file a civil right's claim and you can get punitive damages and the money starts adding up there. >> what happens next? >> a lot of nothing. in new york state that is a violation. that is a slap on the wrist. why can't we outfit all cops with cameras and the cops stay on it the and the perpetrators stay on it. and it would keep everybody honest and you will know what

happened and roll the videotape and there is no question on either side. >> it is a matter of cost and people are doing it themselves. this guy pulled out your camera. you can't obstruct justice and get in the way and no reasonable expectation of privacy. but you can videotape it yourself and that's what you do. >> he could have said search my car. >> why should he? >> oh, just because you of a policemen and authority, you can step on my constitutional rights. >> every defendant who gets convicted. they will pay for. it and the program would pay for itself. >> what about a second subject. in the state of florida, they are feeding the homeless and getting arrested for this.

a teen and a 90-year-old man was arrested. this stemmed from a new city ordinance bans the public feeding not of the homeless but certain people. it seems extreme. >> the ordinance is only for organization and not individual. if you gave someone a sandwich in the park you will not get arrested. it can't be within 500 feet of a residential area. the rules would pass court mustard. the gentlemen had gone to court about the ordinance and he won. and now it would pass muster. >> and there is a similar one in orlando and tampa, florida. doesn't it so many like a better way to get it done? >> i think a lot of people feeding the homeless are trying to get on the nerves of the

taxpayer and legislators? >> why are they doing that? >> to bring awareness. we have a homeless problem. to feed them in the park and upset the taxpayers who have a right to enjoy public areas is really not the way to do it. churches don't hold mass 24- 7. house the homeless and take care of their needs there. much better way to do it. >> there are ways to legislate it and they have done it right here. >> thank you so much. >> jon, what have you got over there? >> a lot of snow hitting parts of the country at least, will you be in the eye of the big winter storm? we'll be live in the fox weather center. so ally bank really has no hidden fees on savings accounts?

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south americas right now the relatives of the malaysian airline that crashed are now remembering their loved ones. the ceremony is takes place in amster dachlt family members spoke about the last words from the crash victims. many questions remain about exactly what brought down that plane. investigators are heading to the crash site to recover the debrie to determine if a missile shot down the plane. a prelimary report found that the plane was hit with objects. >> that is so sad that some of the people don't have loved ones to bury. if you have not pulled out your winter coat. you might want to get hopping.

most of the u.s. is about to get a blast of frigid arctic air. meteorologist janice dean has more from the fox extreme weather center. you don't have your heavy coat on yet? >> i brought the winter stuff up from the basement this weekend. >> you had advanced knowledge, i think. >> you will need to tune-up the snow blower. this is relatively early to see this much snow around the twin cities. yes, they see cold snow and temperatures in the twin city it is. but this will last in texas for several weeks. and so talking about the snow from the northern rockies and northern plains and great lakes. measurable plowable snow.

and upper peninsula of michigan and here is the snowfall totals. pink and purple is over two feet in marquette area. we could see 6- 1218 areas in the darker blue. we could break cold records and snowfall totals shatter records. look at the 24 hour temperature change dropping 30 degrees. we'll look at wednesday through thursday. rapid city 15 degrees for you. and nine in billings, that is a 40 degrees drop. and colby and amarillo and st. louis and chicago. and this cold air is going to hang around for days but in the weekend and next week. let's watch it. there is wednesday and forecast lows. and 18 in fargo.

and 22. and 30 in louisville and 28 in little rock. and 30 in dallas and saturday in the east coast. florida and southwest california. and you will escape this round of cold air. and looking at the long range forecast. we could have a deep freeze well in november. >> last year, we had a winter look this. >> i don't like to forecast outside of five days, but looking at the long range forecast, cold temperatures are sticking around for a prolonged period of time. >> forewarned is forearmed. >> hot chocolate season. >> bring your own hot chocolate. >> you see her with her are fur hat last year. >> good looking.

>> you check a bag with an airline or sa world's airlines are forecast to collect 28 and half billion in passenger fees this year. 20 percent compared to last year. one expert has a warning. and now that fuel costs are coming down, they will have a lot harder time justifying all of the higher fees. we'll explain. >> islamic terrorist behind the kidnapping of hundreds of school girls and horr foying images of victims after a homicide bombing leaves dozens dead and many others hurt. we'll have the latest details. >> and a medical miracle. a woman survives after losing a pulse for 45 minutes after complications from childbirth. the nurse never has seen anything like it. >> the family had come in and said good byes, and they stepped

out of the or and one of the nurses came out of the or said don't stop praying. her heart is starting to beat. but it's not happening out there. it's happening in here. [ sirens wailing ] inside of you. even if you're treating your crohn's disease or ulcerative colitis, an occasional flare may be a sign of damaging inflammation. learn more about the role damaging inflammation may be playing in your symptoms with the expert advice tool at crohnsandcolitis.com. and then speak with your gastroenterologist.

>> we have told you about the lowered 2015 obama care enrollment forecast. the wheat white expects 9.5 million enrollments next

year. originally it was 13 million. you are looking at the health and human services secretary and talking about all of this. and we are monitoring what she has to say for you. 2014 numbers are not good. the enrollment from seven.throe to 7.1. if she makes any other news in the press event we'll bring it to you on "happening now". deadly new violence in nigeria to tell you about. 48 students killed in a homicide bombing in a high school. security officials say it looks like the work of bocka haran. >> reporter: jon, it was an attack that was clearly designed to cause the maximum number of deaths and injuries.

the suicide bomber was dressed as a student and walked in the hall where students were and detonated the back pack. 48 killed and many injuries. many injuries are horrific and many of the wounded face amputations. parents rushed to find their children and turned on the nigeria army and threw stones at the soldiers who were not doing enough to stop the attacks boca haran. there was hope expressed by officials they would be able to do the deal to free the girls. that has not happen and the girls have all converted to islam and memorizing the qu'ran

and married off. they want to establish a northeastern state in nigeria. and shoes resident of the villagers cheering its fighters. we can't confirm the video or when it was shot. central to boca haran's campaign is wiping out any trace of western style education and why the school today was targeted in the horrific attack, jon. >> going after a school, unbelievable. johnathon hunt, thank you. >> it may be convenient, but there is a new danger in connection with the laundry pods. they are causing accidental poisoning in children. more than 700 landed in the hospital and 30 eye injuries and

comas and seedsures. one child died after eating one of those pods. joining us now is the doctor in north carolina. this is an important story for parents. they are convenient and not messy, but they are dangerous to children. what is the danger in them? >> they are packaged to look like candy. and young children, particularly those under six often chew on them or think it is candy and try to eat them. it is wrapped in cellophane and can burn their mouth. >> as i understand it. they can go in cardiac arrest. you are a cardiologist, can you speak to that? >> they contain dangerous chemicals and not only do they swallow them but it get in the lungs passages that can create

heart rhythm problems and cause heart a arrest in cases. >> would you tell parents not to buy these. i have seen them in the grocery store and i have young children. but i decided not to buy them for that reason. >> it is it all about prevention. >> if you buy them, you have to put them in a place that is inaccessible. the cvc has down about it since 2012 and issued no advisory. i think the manufacturer should be required to change the packages. some have tried to make the lid off. >> a mother with a routine c- sexes and considered a medical miracle. she spent 45 minutes dead. she had complications in the c- section and in the recovery room and stopped breathing, but she

managed to survive and came out of this without brain damage. can you tell us about the complication and what was it? >> the complication that she had is very, very rare. it is embionic embolism. part of the fluid got in her blood stream and it causes inflammatory responses and blood clots in the heart attack. and it is a deadly situation. thankfully it is rare. >> the doctor, said he delivered the baby and he got the call something was wrong. she was in the recovery room and then this happen. they indubaited her and her family came in and they were told to leave and doctors couldn't help her and they worked on her 45 minutes. is that about standard to work

on somebody? >> you know, i think when we are in the middle of resuszitation and cpr and giving life saving drugs. given the gravity of the situations. a young woman with a new baby, you go longer than you normally would in a code blue. this speaks to at this time skill and expertise of the health care providers involved and they performed excellent cpr and they did it quickly. that is the real testament of why she is arrive today. >> thank goodness they did not give up on her. is it about science or in your view a miracle. >> it is a combination therein. there are limits of what we can do as health care providers and we are trained well, but i do think that there are miracles out there and divine intervention in cases like this. and i am happy for her and her

family and child and all of these folks performed excellent cpr and everyone in america should learn cpr. it is vital. >> she did not sustain brain damage and she was without oxygen and the doctors, nice job. >> absolutely was a miracle. >> doctor, thank you. nice to have a happy story end. and a beautiful baby rult. >> you hear about young children's heart stopping and maybe they recover. but an adult not very often. >> a video goes viral of a man kicking a cat. and now that subject is in court and the animal lovers want the book thrown at him. what they have to say about the unusual case. after months in a north korea prison two men back at home with

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>> coming up on the real story. breaking news on obama care numbers and one day before veteran's day, there will be an announcement of how many people get fired for the screw ups waiting for patient care. how far a sneeze travels on an airplane. >> and what is the best date to go shopping for best deals in christmas? we break it down. all at the top of the hour. a guy in new york could wind up in jail for kicking a cat. prosecutors said the suspect posted a video of himself lashing out at the stray kitty. it went viral and now he is facing animal cruelty charges.

laura is following the trail and live in brooklyn, laura? >> an dree robinson could get a year in prison and animal rights activist said it is a fitting punish. if he had gone to kick another person it could have been a plea deal. his trial was postponed until january. it is the fifth delay in this case. we have a portion of the video that went viral and led to an aggravated cruelty charge. robinson pled not guilty. he launched him in the air and he was seen cart wheeling in the air. and activity have been demanding

punishment. >> we are not going to end animal abuse until there is serious conkwepss. if you abuse an animal, we'll not give you a break. we'll demand justice and put pressure on the legal system. >> king the cat is doing well according to the new owner after he was located for tissue injuries and breezing. the nypd has a animal cruelty investigation squad. and other states in the u.s. are ramping up prosecution for animal abuse and this september the fbi will report crimes of animal cruelty and law enforcement agencies can help track these cases better, jon? >> you are right. they get exercised about abusive animals than they do abusive

people. >> two americans back home with their families after the director of intelligence flies to north korea. we'll hear from a relative that is grateful. and a shocking discovery behind a locked door in a close knit neighborhood. >> you would think that we are in a safe environment and we signed with the honor code and sometimes, there are people who do get involved in dangerous things. (vo) watching. waiting. for that moment, where right place meets right time. and when i find it- i go for it. (announcer) at scottrade, we share your passion for trading. that's why we give you the edge, with innovative charting and trading features, plus powerful mobile apps so you're always connected, wherever you are. because at scottrade, our passion is to power yours.

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a church group had disappeared while hiking in the california mountain, safe and sound right now. 15 adults and young people headed out yesterday for what was supposed to be a day-long nature trek outside of los angeles. but shortly after nightfall, a

sheriff's station got a cell phone call from one of them. they were lost. they also sent text messages to family members. this morning, a search helicopter spotted the group from the air and guided everyone to safety. >> good thing their cell phones worked then. helped to get them rescued. all right. more than a dozen passengers were killed after a bus crash in spain. the coach swerved off the road and then tumbled down into a steep ravine over the weekend. 14 people are dead and many more seriously hurt. authorities say that the bus was full of passengers who were coming home from a religious event in madrid. they believe the bus driver was speeding and he now faces homicide charges. a shocking find near the campus of brickham young university as a meth lab is uncovered. police arrest one of the people who lived at this apartment just off campus. his neighbors say they never saw this coming. and byu students couldn't believe it either. >> someone said oh, there's a

meth lab outside. i said there's no way. then they started bringing out the plastic and tables and the hazmat suit, i'm like oh, my god, what is happening. >> some got suspicious after a fire in his bedroom. hours later, the roommates picked the lock that's when they found the meth lab and called the cops. >> you can imagine, this is something out of "breaking bad." >> i was going to say. somebody is facing charges. two americans are now back on u.s. soil after being held captive by north korea. it was an emotional homecoming for matthew miller along with kenneth bae. the north koreans let them go after they received a call from james clapper. who then escorted the men home. following a story from the west coast newsroom. i bet it's great to be back on u.s. soil. >> you have to imagine so,

heather. in fact, the first thing that kenneth bae did after reuting with his family and friends. he sat down and had a big hot pizza. his sister said there's only one thing he did not want, korean food. he returned after being detained in 2012 while leading a korean group to an economic zone. he was sentenced to 15 years in prison for alleged government activity. but with the good spirits he thanked president obama and even north korea for granting his release. >> i will not, we will not -- but i'm standing strong because of you. >> amazingly, bae's sister said that right now he hold no, sir ill-will against north korea. and as for his family, they say they're just happy he's home

safe. >> i started crying and i was just so emotional. then, you know, we had agreed that my mom would hug him first. when i saw that, you know -- wow. >> bae was released along with matthew todd miller who had been charged with alleged unruly behavior by north koreans and spent seven months in prison before his release. the obama administration was quick to point out even though james clapper went and sent a note directly from president obama to kim jong-un, this was in no way to start relations with north korea and the united states. simply to get them back. cleaning house at the department of veterans affairs after a scandal over delayed medical care. the new va secretary set to announce the largest reorganization in that agency's history. details on the shake-up ahead. [ fishing rod casting line, marching band playing ]

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well, a makeover lies ahead for pizza hut. and if you're one of the pizza chain's customers, you can have a hand in it. days from now on november 19th, you'll be able to decide whether to order a pie with honey sriracha sauce or even get curry blazer add dwrord crust. added to your crust. execs hope it will help to jump sales which have declined for the last eight quarters. >> i don't need curry. >> i like the basic stuff. you can get premium salami eastern pepperoni. i guess they're going fancy. >> i'm a meat lover.

>> thanks for joining us. hope you have a wonderful day. >> "real story with gretchen carlson" starts now. ♪ over to fox news alert today after igniting a national outcry over treatment of america's veterans. the va appears stot undergo the biggest shake up in its history. hi, everybody, i'm gretchen carlson hope you had a great weekend. we're here to bring you the "real story" today. hundreds of veterans have reportedly died after waiting months to see a doctor. >> we've passed up to the -- to the senate house committee, has about 35 names on it. i've got another report that has over a thousand. if a thousand people need to go, give me a