>> thanks for being here, eric. temporary digs for the day. back in the regular studio tomorrow with bill. "happening now" starts right now. jon: after a sweeping victory by republicans in the midterm elections president obama apparently is preparing to go it alone on immigration. welcome to this edition of "happening now" and i'm jon scott. heather: i'm heather nauert in for jenna lee today. fox news has learned that the president will take executive action to overhaul the immigration system, possibly as early as next week. among the details that we have learned about in this 10-point plan obtained by fox, expanding deferred action for illegal immigrants who came to the united states as children, and then also legalizing millions of adults with american-born children the but republican leaders say that long-expected move is simply a bridge too far.

>> president obama has the duty to help build the trust we all need to move forward together. not to double down on old ways of doing business. that's why i think moving forward with the unilateral action on immigration he has planned would be a big mistake. heather: we heard a bit of it there. let's check in with our chief congressional correspondent mike emanuel who is live for us on capitol hill. other than that what is the reaction of republicans on capitol hill? >> reporter: heather, a lot of questions about timing here on capitol hill. our sources say it could be as early as next week. the impact that could have on congress passing critical legislation. take a look at some key points in this 10-point plan. 4.5 million illegal immigrants with american-born children would be allowed to stay in the united states. expand deferred action for children who came to this country with their parents. and a pay raise for i.c.e. officers in order to increase morale. appropriation chair hal rogers

warned, there will be explosion if before congress passes government fundings extension which is set to run out december 11th. another top republican offered this reaction. >> this is an action, unilaterally by one person, the president of the united states to legalize millions that congress has explicitly refused to do. and under current law they are illegally here and unable to work. >> reporter: as for the white house they continue pushing the house to pass an immigration reform bill. here's press secretary josh earnest. >> some ways the timing of president's decision is not nearly as significant as the decision that is facing house republican leaders about whether they want to continue to block bipartisan legislation already passed the senate and that would do so much more even to address the challenges of our broken immigration system. >> reporter: many lawmakers are urging their colleagues to remain came and continue critical work of this lame-duck session. but it is clear from what they

have heard of our reporting there is a lot of people who are worried about this executive action, heather. heather: not too happy about it. mike emanuel on capitol hill. jon you have more. jon: keep calm and carry on is the word on capitol hill but what about is boiling under the surface? let's bring in a.b. stoddard, associate editor come blumist for "the hill," also byron york chief washington correspondent for the "washington examiner." and fox news contributor. byron, there was an election earlier this month. did the president not pay attention. >> not as far as this is concerned. the president said all along, this is something i'm going to do. this is going to unite republicans against him. remember the "gang of eight" bill did pass in the senate last year. passed with 14 republican votes. this time every single one of those republicans as well as all the others are going to be defense unilateral action from the president. the question is, does that just blow up this lame-duck session and they do have to do some things like pass a bill to fund

the government. or can they work on this and then wait until january to do something when republicans take control? jon: ab, what about the timing? the president obviously didn't want to do this before the election because he was apparently afraid it would hurt democrats chances. democrats didn't do so well anyway. now he is going to stick his thumb in the eye of congress bringing forward this executive action. >> the timing is really strange as president obama knows, if he had just let the republicans continue funding the government with a new spending bill passed by december 11th, he could have waited to do something later on and they wouldn't be able to react to it. now because he is pretty much, you know, announced that he is going to do it quickly and and now there is draft document what the provisions are in his plan, it gives republicans a chance to preempt and write in a spending bill just exactly how they would block and defund his plan. what does that do?

it puts democrats on the spot. so they're not going to willing to vote for a spending bill that says it is going to block any of these executive immigration actions. that threatens the government shutdown. if he was quiet and really wanted to do this stuff he would have waited until they passed spending bills but didn't specifically address this. because he is talked such a big talk, they have now gotten, republicans proactively blocking this, anything they write. it does increase tension. it does create chaos for other things that democrats want to do, like get nominees through a still democratically controlled senate. i think time something arbitrary and really stupid. jon: and byron, what about all that talk about bipartisanship on capitol hill? the president hasn't even let the, i don't know, the ink dry if you will on election results and taking this move that will anger so many on really both sides of the aisle? >> remember the day after the election the president came out

and essentially claimed a bigger mandate than republicans because he said more people voted for him in 2008 and 2012 than voted in the midterm elections of 2014. so i think the president thinks he still has a mandate. we should expand a little bit what ab was saying. whatever executive action the president takes does not have the force of law. congress can overturn it or part of it at anytime. it can defund it or part of it at anytime. they have to be united to do that. there has to be a number of democrats who would go along with it. so we are going to see democrats on the hot seat here saying, do you agree with what the president does? are you going to defend it with your vote? or do you have questions about it? jon: well clearly the president thinks this is winning political issue for two years from now if. >> yes, sir he does. he really hopes he gets republicans on the record supporting deportation, against deferred action, which some people call amnesty.

he wants this to be the beginning of the primary race. he think it is going to help hillary and other democrats. he actually knew it would have helped turnout among latino voters in colorado for senator mark udall. in the end he didn't announce this because he wanted to save candidates like mark pryor in arkansas and mary landrieu in louisiana. and, people like senator udall suffered because of it. perhaps even kay hagan in north carolina. but there was a big debate when 20 do this. i'm just saying timing now is arbitrary because he could do it in january or another time. but he is under pressure to do it because he didn't do it sooner. he is hoping that it will create political mayhem on the republican side. jon: so much more that happy meeting on friday at the white house after the election and talk of bipartisanship. a.b. stoddard, byron york, we'll see what happens. >> thank you, jon. heather: the obama administration firing back after a third video surfaces of that economist saying that ignorance or rather, his word was

stoppedty, helped the president health care law get through congress. jonathan gruber is considered one of obamacare's architects. the white house is now saying the republicans who haven't been honest with the american people about how the affordable health care act helps the middle class, that is their claim at least. doug mckelway is following this from our washington newsroom. wow, doug, this is quite a spin coming out of the white house now report sure is, heather. jonathan gruber tried to explain his remarks on msnbc on tuesday saying they were made at an academic conference, speaking off-the-cuff. spoke inappropriately. he regrets having said it. but critics doubt his sincerity. gruber expressed much the same sentiment many times in many places. >> senator john kerry had a very clever idea. let's call it instead a tax on insurance companies and tax not a tax on insurance plans. very clever, basically exploitation of the lack of economic understanding of the american voter.

american voter is too stupid to understand the difference. >> reporter: his remarks have come under withering attack, sometimes from both sides of the political aisle. >> confirms people's greatest fear about the government. remember it was nancy pelosi said, first you have to pass it before you get to find out what's in it. we knew it was written in a way that was really deliberately written to deceive the american people and now people areing the price. >> law put together by a bunch elitists who don't really fundamentally understand the american people. that is what the problem is. >> reporter: heather, awe mentioned, white house spokesman josh earnest defended the administration's transparency on obamacare and. >> actually republicans who haven't been particularly transparent or even honest about the true impact of this. >> reporter: many in congress are pushing to repeal obamacare in the next congress. the supreme court will hear a challenge to obamacare next year that could invalidate the

federally operated exchanges in 30 states. even if the plaintiff's lose that suit in the supreme court and if congress can not repeal the law, the new republican majority hasn't indicated that it has intention to chip away at the law in whatever way it can. heather, back to you. >> doug mckelway in washington. thanks. jon: you might have seen this story the past couple nights on fox. a navy seal comes forward saying he fired the shots that killed usama bin laden telling fox news how he took out the man who masterminded the 9/11 attacks. his feelings on the trip back with bin laden's body. >> we got in the helicopter and we flew out. that was a bit more intense because now we're there. people know something happened. they know helicopters were involved. now we're trying to get back with a 90-minute flight. almost like watching a race. it is like, wait a minute, we can, we can survive, we can live. you know it is a 90-minute

flight. we all watching our watches. 80 something minutes, somebody came over the radio to everybody, all right, gentleman, for the first time in your lives you will be happy to hear this, welcome to afghanistan. and everyone is like, oh, my god, we just did it. we pulled it off and we got him. we're all fine. it was insane. then there was high-fiving and stuff. guys were like, i mean we got usama bin laden and we're going to live. amazing. jon: in our second hour of happ now today i will speak one-on-one with robert o'neill about his experiences in bin laden's compound and why he decided to go public now with his actions. stay tuned. an interesting conversation ahead. heather: looking forward to that. jon: me too. heather: in the 1:00 hour. jon: 1:00 p.m. eastern time. heather: fantastic. other violent protests over the disappearance of college students in mexico. there are dozens of them who are missing now. that has now taken a toll on the

country's tourism industry. we have the latest in a live report. mother knows best? think again. we'll tell you why cops busted this mom for making the wrong choice in baby formula? we want to know what you do you think. should congress fight president obama over his expected executive order on immigration. you can log on to foxnews.com/happeningnow. click on "america's asking" tab to way in on our live chat.

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- so you can charge me on the down low two weeks later look, credit karma - are you talking to websites again? this website says 'free credit scores'. oh. credit karma! yeah, it's really free. look, you don't even have to put in your credit card information. what?! credit karma. really free credit scores. really. free. i could talk to you all day. jon: a quick look at some crime stories we're keeping an eye on. the fbi and maryland police asking for the public's help finding 12-year-old jasmine baker. investigators say the little barrel vanished tuesday morning while walking to school. shocking revelations in daylight jewelry story robbery in midtown manhattan. law enforcement sources telling the "new york post" the suspects were hired by a rival jeweler to intimidate the store owner but not rob him. cops are still searching for the suspects. a mother in florida now

faces criminal charges for ignoring doctors orders and refuse to give her infant formula that she believed contained animal by-products. she chose organic soy formula instead. the doctors ordered the formula diet after the 12-day old infant lost 10% of its body weight. heather: wee have information on dozens of college students missing in mexico. there are now violent protests over the mass abductions as it spills into the popular resort city of acapulco. casey stiegel coughing the story for us live in dallas. we should mention the missing students are mex nan maxals. one thing interesting that the u.s. government and mexican government told us at least that the resort areas are all safe and now we're talking about acapulco. >> reporter: that's right. as you know acapulco a very busy and very happening tourist destination. now hotel occupancy rates are only at about 20% in that area.

people are canceling trips over fears of protests they have seen on television. the protesters earlier this week, blocking access to the airport there in al can pole co. they are moving north. you have pockets of protests happening across mexico as anger builds and swells in that country. the most recent round of clashes happening in an area which is south of mexico city. some 500 masked students and teachers storming the empty state legislature building there yesterday, setting fire in the library and voting chamber where lawmakers hold sessions. look at that video. protesters also torching the education department's audit office in another part of the state capital. over the mysterious of disappearance of 43 college students, young men from a teachers college known for its radical left-wing activism. they vanished at end of september. it is believed they were kidnapped by corrupt government

officials and powerful drug gangs. hit men confessed to murdering all 43 students and burning their bodies a landfill but parents who are mistrusting of government there are demanding dna proof that their children are dead. forensic scientists in austria working to identify the charred remains. now these protests also call for the federal government of mexico to take action. many are saying that the mexican president is not doing enough to get to the bottom of what has happened here and quell the unrest in that country. the interior minister of mexico has told parents that authorities will redouble their search efforts and that the investigation into this bizarre disappearance of these students is ongoing, heather. heather: boy, okay, casey stiegel in dallas. thanks. >> reporter: yeah. jon: still ahead, a massive house fire in arizona, lightings up the sky. we'll tell what you happened to the brave firefighters trying to put this one out. the horrifying nine one one

calls from that washington state high school after a student opened fire on his friend. >> one shooter is here. i do not see a gun.

jon: fire in arizona completely engulfs an entire home. dispatchers getting the call just after 5:00 in the afternoon. a vacant house on fire in glendale. firefighters raced to the scene. they were able to get it under control 30 minutes later but two of them were badly burned. one firefighter suffering first and second-degree burns. a second also burned on his arms and legs. investigators are still trying to figure out what caused this fire.

heather: those 911 calls just released, gives us a little bit of insight into what happened at the washington state high school just moments after a student opened fire in a crowded cafeteria. jonathan hunt is here with the details. hi, jonathan. >> reporter: heather, really tough to listen to but they also highlight the heroism of one teacher in particular who never left her students and who tried to stop the shooter. here is part of her 911 call. >> we have a shooting at pill chuck high school calf deer yaw. we have a shooter. many injured. we need emergency right away. large cafeteria

>> reporter: she also says on that call she tried to stop the shooter, killing himself. four other students died in the shooting rampage. as the news spread, some parents also called 911. here is one of those calls.

>> reporter: now the calls give little insight into why the shooter did what he did but they are at times, moving, terrifying and emotional demonstration of what the students, teachers and parents went through on that terrible day, jon and heather. heather: i can not imagine the horror of that mother. sound like she was in the cafeteria witnessing that. >> reporter: some parents going through the same emotions on that day. heather: on flip side, nice to hear that teacher, that is exactly the kind of teacher you want in the classroom. >> reporter: we here again and again about heroism of teachers. jon: given the circumstances held it together. wow. lawyers trying to save jody arias's life, saying her victim, travis alexander was living a double life. will this strategy work for the convicted murderer he? john kerry meeting with the palestinian leadership trying to calm the violence that is rocking israel. accounts? that's right. the

heather: still to come in this hour of "happening now," lawyers for jody arias focusing on sex and her victim's mormon faith as they try to convince an arizona jury to spare her life. members of congress are getting updates on the american strategy against terrorists of isis and their primary sources of funding. we're talking about millions of dollars in oil and also ransom. plus we're watching the mysterious kidnapping case of abigail hernandez, a new hampshire teenager who was returned home last summer after she was held captive for nine months. now prosecutors say she learned

the name of her accused kidnapper from a cookbook he gave her? but she waited a week before coming home to reveal it. jon? we're getting in new information as a wave of violence sweeps israel. secretary of state john kerry is now working to diffuse the tensions there by meeting with the palestinian president mahmoud abbas. the terror group, the terrorism taking place in israel has included stabbings and attacks by palestinians who are now accused of running their vehicles into crowds of israeli civilians. fox's john huddy is live covering this story live in jerusalem. hi, john. >> reporter: hi, heather. you know these attacks, the rioting, the demonstrations, the stabbings, vehicle attacks as you mentioned, have been happenining with such frequencys i've been talking about, that it is getting very hard to keep track of all of the violence. and that's why these diplomatic

talks are going on to try to ease tensions, to try to ease some of these issues and resolve some of these issues before it really disincident greats into a third intifada, something that some folks here, heather, believe already started. let me bring you up to speed. let's talk about the diplomatic front what has been going on. secretary of state john kerry as you mentioned has been talking throughout the day and into the evening now with palestinian president mahmoud abbas at abbas's home in amman, jordan. yesterday as we reported, abbas charged israel of leading the region into a quote, unquote, religious war. of course israeli prime minister benjamin netanyahu fired back accusing of abu of inciting the ongoing violence. at this point secretary of state kerry is trying to ease tensions on that front. he is also scheduled to have a three-way talks between jordan's king abdullah and prime minister net-net. as you may know, relations have been very cold between both

countries, jordan and israel after jordan pulled its ambassador from israel amid the ongoing violence. as i said it continues. there has been more rioting in the west bank and also jerusalem, east jerusalem, along with those deadly stabbings, vehicle attacks and clashes at the temple mount. we also talked a lot about this. it is very important, that the temple mount is known as the noble sanctuary by muslims and ha ram al sharif. has long been the center of religious and territorial dispute between muslims and jews. in fact the fighting there, the same kind of fighting, clashes between palestinians and israeli police led to the secon intifada that lasted five years ending in 2005. there. are similar issues now mirroring that of the second intifada including anger over israel's plan to build another 200 apartments in east jerusalem, long coveted to be the capital of the future palestinian state. and this is something that u.s.

officials said, they're very concerned about, israel's expansion plans inciting more violence. now as for those diplomatic talks, we're waiting to see what comes out of that, if there are any agreements, any resolution, to some of these issues, to quell the violence, to temper per anger and hostility that again some are concerned could lead to a third intifada that some here as i said at the top of this, heather, already believe we're starting to go into that, leading into a third intifada. of course if we have anymore information about those talks we'll have it for you. heather. heather: john huddy in israel for us, thank you. jon: sex and religion at issue in the sentencing retrial of convicted murderer jody arias. her lauras trying to paint the victim, her ex-boyfriend, travis alexander, as a man torn between his mormon religion and his life-style. ace jurors charged with deciding whether arias lives or dies

hears arguments about pornography on his computer. we have doug burns, former federal prosecutor. rebecca rose woodland a trial attorney. this ground to a halt, defense saying defense misconduct. there used to be all the files on his computer, porn sites, that travis alexander visited, now they're gone and the police must have done something untoward here. the police and prosecutors say no such thing happened. if any files were deleted it was on the part of the defense attorney. who settle this is argument? >> we'll see some experts come in from both sides. the experts will be computer i.t. people, this was there, or this wasn't there. they're able to track your computer obviously and go back and see what was there. and, we'll see what happens because this is a big issue. this goes to the heart of the defense, that he was a sex craved maniac that she had to fight herself and her life against. now prosecutors are saying, no, not at all. he was a normal guy and he was

just doing his nice, normal things. she came in and killed him in cold blood. that is the prosecution. the defense is saying he was crazy going to kill her, she killed him first. jon: she killed him in the shower, doug. not like he, i don't know, had a gun to her head or something like that. he was taking a shower. this seems to be a case, of them, the defense trying to put the victim on trial here? >> i was going to say that. in other words you have to be very careful attacking the victim. see it in reverse gender, attacking female victim, there are laws passed to prevent that. i'm not so sure there is good gambit. your point as you maintained is horrific nature. stabbed 30 times, shot, throat slit. it is a horrible, horrible crime. having said that though, we'll go to this i guess next, i don't think she necessarily will get the death penalty. jon: why not? >> you know it is really tough, it is a tough thing for the jury to come to the conclusion to kill someone. we see it often where the prosecution will go for the

death penalty but often times a jury will settle on life imprisonment. with a female as the defendant it is very rare thing to convict them. >> i said this before, people look at me like i'm crazy, funny thing, if you look at legal aggravating factors for the death penalty, most are things like torturing the victim, multiple killings, particularly heinous, preplanning and meditation. the only one that fits here is the heinous nature of killing itself. all those -- jon: stab wounds, the shooting, slitting of the throat, that is not heinous? >> the prosecution claimed she planned this out. their belief he she came and planned it. >> that is hard -- seems like it was emotional outburst. >> emotional outburst but might have been planned. the outburst may have happened months before. they're not sure. there is allegation that he broke up with her and she was coming to back to address that. there is a lot of conflicting testimony. jon: there was testimony that

she drove from california to arizona with gas -- >> that's true. >> with intent to do something. jon: she didn't leave a paper trail at gas stations, that kind of thing. >> yes. jon: we'll continue to watch that story and let you know what, what the judge and what the jury eventually decides. meantime, a judge put off a decision on a mental competency of a young girl in wisconsin. morgan gaise-r was 12 years old and when she and another girl allegedly lure ad classmate into the woods and stabbed the girl 19 times. the motive was to please a fictional internet character. morgan was charged as an adult with attempted murder. one doctor says she is fit to stand trial. wisconsin has a curious law here, doug. >> yes. jon: you have to, any murder suspect over the age of 10 goes to adult court initially. >> yes. it is interesting because it is really sort of a burden of proof thing. some jurisdictions what happened

is, it is the other way around to put the person in adult court. as you said, for a homicide over 10 years old, automatically in adult court. but then the individual can challenge it and try to get it back into juvenile court. jon: well, obviously the stakes, rebecca, are very high here in terms of the penalty. >> the stakes are very different. if she was tried as a juvenile, her maximum penalty will be up to about 25 years. if tried as an adult, 65 years in jail. so that is a very big difference for this attempted murder. her competency is at issue. there is flip-flopping whether or not she is able to stand trial. doctors even on prosecution side initially said this girl is not competent. she is rocking in the courtroom. doesn't know where she is. they have determined after putting her in a facility they think she is competent. i think the defense has a very strong strategy here even on appeal. >> not uncommon to the point where somebody is ruled

initially incompetent. after a period of time and treatment it changes and that's what happens here. jon: what about the notion that two 12-year-old girls team up to stab to death a friend, you know, supposedly in homage to this character on the internet who doesn't exist? >> that is -- jon: that is definition of nuts. >> that is definition of someone who is not competent but we have a different standard in law than in normal play that how could you believe someone exists when they don't? that is really a definition of incompetence. >> talking about incompetency, not insanity. rebecca just explained. competency can i understand charges against me and assist the lawyer in defense of the case but different than insane at time of the crime. you follow me. >> yes. >> i agree with you, who wouldn't be insane to try to kill somebody based on slender man character? >> who is not even alive. >> reenrolled in school, yes. >> thanks god. jon: rebecca rose woodland, doug

burns. thanks. >> my pleasure. heather: we need the lawyers for this next one. a toddler behind bars. why cops say it was actually justified, to put a 3-year-old girl in jail? and then secretary of defense chuck hagel testifies on capitol hill. he is up there right now and he is detailing the obama administration strategy to defeat isis. >> as a coalition and as a nation we must prepare for a long and difficult struggle. there will be setbacks, but we are seeing steady and sustainable progress.

heather: let's take a look what is ahead on "outnumbered" at top of the hour. sandra, andrea. what is coming up, ladies. >> they may hold hearings on the obamacare architect caught on video saying the administration got the law passed by hiding truth from voters he called stupid as a third video

surfaces. does this video give the gop need to repeal or change the health care law? >> "time" magazine says it is time to ban the word feminist? is that a good idea? is obnoxious and overused as bae, the new boo or not sorry? we'll discuss. >> the man with the exclusive interview with the former navy seal that killed usama bin laden. it is our #oneluckyguy, peter doocy on the sofa. >> i'm friends with his dead. he will take us behind the scenes of his scoop on "outnumbered." that is at top of the hour, we'll see you 10, i don't know, 15 minutes. heather: ladies we'll see you then. >> have a good day. jon: police in ohio coming under criticism today after theying lock up a toddler. check out this video. the three-year-old girl was sitting in a shopping cart on top of $500 worth of goods when her mom appears to walk by the checkout line. when she tries to leave walmart she gets stopped by store

security. the mother and daughter were taken to a police station where, cops ended up putting the daughter in a holding cell with her mom. police maintain they did the right thing and say they were waiting for the little girl's dad to come to pick her up. the mother is charged with theft and stress blasting. she pleaded not guilty. >> quite the story. wow. this just coming in. the associated press reporting that the leader of isis says that the terror group will fight until the last man is standing. that message from al-baghdadi, after days he was reported to be wounded in a us air strike. meantime there are several hearings underway on capitol hill at this hour. the defense secretary chuck hagel telling the armed services committee that the nation must be prepared for a campaign that is full of setbacks. listen. >> our campaign against isil will be long and will be nto acult. multiyear effort. as we enter a new phase of this effort, working to train and

equip more counter isil forces in both iraq and syria, we will succeed only with the strong support of congress. and the strong support of this committee. >> right now with us is mike baker, former cia covert operations officer and president of diligence a global security intelligence firm. hi, there, mike. secretary hagel went on to say it will take eight to 12 months to make a difference on the ground. do we have that much time? >> we, we do in the sense that we can draw this out for as long as we want and in sort of a very nasty stalemate. and, you know, that is, i'm still puzzled over secretary hagel's new coining of a term, counter-isil forces. i think that is really amazing. what we're doing is not following a strategy to defeat isis. the current administration, president obama has met and his national security team have met several times over the past week talking about this very issue and as a result of this talking

about, well, how does the isis strategy relate to our syria strategy such as we have one, one of the senior officials came out of all his meetings and said, well, this is because we're starting to realize in order to really defeat isis we need to beat them not only in iraq but in syria. well you think? it is very disheartening to those in, in military and intelligence community who believe that if we decided isis is national security issue for us, we can't allow extremist state to exist with territorial integrity we have to go after it in very aggressive manner. it is very frustrating what we're currently doing. heather: to that point, chairman of the house committee, buck mckeon the targeting of airstrikes is getting harder and harder because isis is changing tactics in iraq. harder for u.s. advisors because they have to stay behind the walls in the headquarters buildings and can't go out and do what they normally need to do to achieve our goals there. he asked a question. how do you execute this mission

if your best option is taken off the table? can you answer that? >> well, it is very good point, yes. we're trying to basically do this without getting pregnant. it is a, it's a half-measure at best. and the problem with the airstrikes and to be fair, the military and the administration said forever since we started the airstrike campaign both in iraq and syria this is not going to be the only element that will defeat them but the problem is, a lack of intelligence. we tend to, you know, be popping up at targets that are targets of opportunity. so we see a convoy. we try to strike that convoy. but our long-term intelligence is still lacking. and also the idea is that, essentially, we think that somehow after all these years, now is when we're going to have success training up an aggressive and efficient and capable iraqi military to take this on while again also pursuing some, sort of mythical syrian opposition that somehow

is aligned with our interests to eventually work inside of syria. heather: mike? >> yes. heather: speaking of that training, admiral kirby said to another news organization earlier this week that we haven't even started training some of those syrian, some of those moderate syrians yet. that may come to a surprise to a lot of folks out there. what's the holdup? >> the holdup, there is tremendous number of moving parts. this is extremely difficult, putting it mildly process and there are, there are a lot of problems in trying to identify and we've been doing this ever since of the very reason we didn't get into syria at beginning we kept saying we don't know who we're handing weapons over to when we talk about the opposition. not as if we got more transparency now. what we have is political expediency to act against isis. we don't necessarily have anymore transparency against those we would like to work side by side with taking out isis inside of syria. the kurdish elements, that is a different story. finding places where you can conduct training.

the saudis have offered up space, territory and resources to do that. but we are, we are getting hammered from all side. look at, look at turkey. turkey wants us to get rid of assad before they get into the fight. heather: that is question, what will we do about that if anything. you look at capital. it looks like washington, d.c. but you're in idaho. thank you for coming on. >> thank you, take care. jon: new developments to tell you about the in case of that new hampshire teenager kidnapped last fall. why abigail hernandez chose not to reveal her alleged abductor's identity until a week after she was released. plus, after landing a probe the size of a washing machine on a comet speeding through space, european scientists are getting their first picture of the thing parked on a space rock millions of miles away. how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last.

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heather: european scientists are now getting a history-making glimpse into deep space as the lander is now sending photos back to earth from the surface of a speeding comet. phil keating is following this story. he is live for us in miami. hi, there, phil. >> reporter: hi, heather. philae lander is alive. it is stable and gathering incredible never been done before science however it is balancing on two of its three landing pods and it is stuck in the shadow of a cliff all but one hour of the day. also when it landed yesterday it turns out it actually bounced twice before fiber-optic alley landing a third and final time. despite it all, amazing philae delivering high resolution images of a comet surface, taken on the surface 300 million miles from earth. it is covered in jagged craters.

the spot where it came to a stop is few meters from the big cliff wall. the european space agency this morning released fh -- philae's first panoramic 360-degree view. it is in the shadows with a lost gray. if you look in the middle of superimposed graphic and spun yourself in a circle that is what would you see. the first bounce lasted also about two hours in the micro gravity of space. now tomorrow it will have three more scientific instruments up and running. because where it sits along the cliff wall its solar panels in shade are not able to charge its batteries as intended, meaning they may not have time to drill samples but, project scientists are not dismayed. >> of course we'll do our best to do more than what we could. we're at limit of what humankind could do 20 years ago and what we're doing now but please do

not put emphasis on failure of system. it got us where we are. >> reporter: this is 20 years in the making, 10 years in flight, traveling 4 billion miles and actually landed pretty much exactly where they wanted to. the philae is expected to produce more incredible photos all day today and tomorrow. sometime saturday they feel the batteries will probably run out of juice. >> phil keating in miami. that's so great. jon and i were talking, i asked how big it is he said it is in the size of a washing machine. >> reporter: yeah, or small fridge. jon: very cool science. heather: thanks, phil. jon: brand new stories we're working to bring you the next hour of "happening now," ever feel like you gain weight no matter how hard you work out. you're not alone. science is backing up those feelings. a knave sy seal comes forward to say he is the one who took out the world's most wanted terrorist. i will talk with robert o'neil about his experience coming up in our next hour. (receptionist) gunderman group.

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jon: rob o'neill, the seal who says he shot bin laden, in our next hour. heather: we're see you back here in an hour, "outnumbered" starts right now. ♪ flush. ♪ ♪ >> this is "outnumbered. i'm sandra smith: here today, andrea tantaros, kirsten powers, political commentator and spokesman for the libre initiative, rachel cam positive duffy, and today's one lucky guy, fox news correspondent peter doocy, and he is "outnumbered" today for the first time. >> and that's a good thing. >> welcome to the couch. [laughter] dud you get any sleep last night? >> not a lot because i had seen the special a couple times before it aired, but you can't go to sleep when you know that the whole world is seeing this thing you've within working on -- you've been working on for more than a year. >> and you were fun for "fox &