>> all right, thanks to you all. if you have your own hit or miss, be sure to tweet it to us at fox news.com. that's it for this week's show. thanks to all of you for watching. see you right here next week. i'm paul gigot. we start with a fox news alert, the second phase of obamakaren rollment is under way, promising a smoother operation after all of those problems last year. today we're hearing about insurance premiums zooming up and possible gaps in coverage for those who have already signed up. hello, welcome to "america's news headquarters. >> starting today, millions of people will get another shot to enroll in health care through the government's change but the headline of a new enrollment period may be overshadowed by an even bigger one. americans who have already bought into obama care could face a big increase in prices by

next year if they don't switch plans. peter is live in washington to break it all down. >> the second ever obama care open enrollment period is under way and running a lot smoother than the first, 23,000 consumers completed applications and new hhs secretary sylvia matthews burwell, whose job is geared towards a second successful open enrollment. says she's not aware of any single problem with consumers calling customer service lines. she was talking about where things stand with obama care from the administration p perspecti perspective. >> we as an administration are open to things that improve affordability and quality and access. we have been and are happy to have that conversation. and want to have that conversation about what can increase the fundamental goals of the act and we'll do that.

>> even though website glitches are off the front pages today concerns about premiums and coverage gaps are not. until court cases examining the legality of certain obama care provisions are resolved, fellow lawmakers are predicting the president's support of the law will remain strong no matter what happens and here's why. >> the president is not signed anything big, he's going to continue to stake his legacy on what he thinks is the success of this law. we're seeing that's not the case with skyrocketing deductibles and everything else. >> we asked the hhs secretary if she has spoken to the former secretary kathleen see brebeliu about the launch and she says she has not but running up to today they have been in constant contact. >> thank you very much. america's top military leader making a surprise visit to iraq

today. chairman of the joint chiefs of staff, general martin dempsey arriving in iraq to meet with u.s. troops and commanders and that country's leaders. the visit comes two days after he told congress that the u.s. would consider dispatching a quote modest number of u.s. forces to join the fight against the radical islamic terrorists of isis, they have 1400 troops helping out in iraq with another 1400 set to arrive there all in noncombat roles. the general's visit comes one day after iraqi forces drove isis out of that oil refinery town, the biggest battlefield victory so far and a significant step against the islamic state successes. >> another ebola patient is heading for the u.s. for treatment and set to arrive at the hospital in nebz minutes from now. dr. martin salia contracted the

deadly disease while working in ebola stricken sierra leone in west africa. dominic, what can you tell us? >> looking like landing 45 minutes from now. the patient is 44 dr. martin sal ia, a permanent resident. he was confirmed on tuesday to indeed contract ee bowl ha. the nebraska medical center receiving him said in a statement his exact condition won't be available until the doctors evaluate him once he landed. information coming from the team caring for him indicates he is critically ill, possibly sicker than the first patient successfully treated in the united states. salia will be the third patient treated for ebola at the hospital biocontainment unit

since the outbreak escalated and the tenth known case in the united states, not known how he contracted ebola exactly, he had been working in the sierra leone capital but his hospital at the time is not an ebola treatment unit. there are reports that he had also worked in at least three other medical facilities so he could have caught it there. it was his wife that requested his evacuation, she's a u.s. citizen lives in maryland. the state department says she's agreed to reimburse the u.s. for any expenses. they successfully helped two other patients recover and staff in the hospital have been educating thousands of other medical professionals on best practice now. homeland security secretary jeh johnson is confident the u.s. can handle more cases. >> we've treated the cases that had been found here and we have the best health care system in the world. ebola is a treatable disease if

it's caught early enough. and my hat is off to the health care workers willing to go there. >> one reason he's being here is others are still in a 21-day waiting period. we'll bring you the latest once he's on the ground. >> let's hope they have success in curing him as they have the other patients. dominic, thanks so much. >> let's take a closer look at the state of ebola around the globe and here at home in our country. so far more than 5,000 people have sadly died from the deadly virus since the outbreak in west africa. 14,000 people in west africa alone have been infected. here in our country, so far the tally is at nine people who have been treated for ebola. additionally only two cases have actually been contracted on u.s. soil. as you may know both of those cases were nurses who came in contact directly with the dallas patient, thomas duncan who so

far is the only ebola case that has caused a death right here in the u.s. eric, we are getting word about a south sue danese soldier. in the incident last month our u.s. ambassador said the soldier fired two bullets into the vehicle which had bullet proof glass. no one was hurt and soldier was a member of the security team for south sudan's vice president. the country's military spokesman denies the claim saying the soldier only hit the vehicle with the butt of his gun. man oh, man is a cold weekend in some parts of our country. >> there's a blast of winter like weather hitting a lot of our country. look at the scene in idaho, mother nature not being more than one foot of snow in that state, already broken the record for november. a lot of other states expected

to get more snow this weekend. janice is live in the fox extreme weather center with the forecast. >> bring your own hot chocolate. taking a look where we're seeing the snow flying across the central rockies, look at that map. we're not talking about extreme amounts of snow, just sort of nuisance type snow. hopefully people will be off the roads. look at the great lakes, relatively warm waters across the great lakes, a lot of lake-effect snow is expected. we're going to see a storm developing that will lift and bring snow to portions of texas and oklahoma and arkansas. there's sunday around this time. looking at the snow flying across amarillo and tulsa and st. louis and indianapolis and louisville. south of this cold front it will be mainly a chilly rain event but we are going to see significant totals for parts of northern new england and again across the great lakes where we have relatively warmer lake

waters. forecast snowfall total, 1 to 3 inches and across the rockies and great lakes, 3 to 25 inches. >> hot chocolate? how about hot todddyes? >> am i allowed to spike my hot chocolate, then i'm in. after landing this tiny probe or a comet for first time, legendary astronaut buzal dren will join us to discuss what this means for our space program. the controversy on earth is coming, president obama gearing up to use executive power on immigration, set to happen next week. that setting up a showdown with the folks this that building, the capitol. what it will mean with relations can congress and the future of our country. our panel debates. >> i indicated to speaker boehner, several months ago,

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president obama says he's prepared to act on his own on immigration. some republican lawmakers hitting back they will fight back by blocking upcoming spending bill. the president is expected to sign his executive order that would allow upwards of 5 million illegal immigrants avoid deportation. the president himself suggested he may not have the authority to do such things. listen to his answer when a protester interrupted him during an immigration reform speech in san francisco shouting that he could stop deportations.

>> if in fact i could solve all of these problems without drafting laws in congress, then i would do so. but we're also a nation of laws, that's part of our tradition. so, the easy way out is to try to yell and pretend like i can do something by violating our laws -- >> a communications director through former house speaker dennis hastert. and ron and jessica, thank you. you just heard that amazing answer from the president. is he following the law if he does issue this executive order as is expected this coming week? >> no, absolutely not. what he is doing is playing partisan political games and trying to do allure republicans into a shotdown situation, where they try to pass short term spending bills that get into

this showdown where does the president sign it or not. what i think republicans should be doing is moving forward with united agenda early next year and trying to pass bills to get to the president to solve problems for the american people. what they should do is absolutely add this to the lawsuit that speaker boehner has against the president on executive orders because it's clear he's superseding the authority given to him. >> jessica, you think it's against the constitution alg authority that he's violating the u.s. constitution if indeed he does issue that executive order this week? >> he hasn't issued the order yet. we would have to actually see what the language is of the order. so far he's not speaking and looking to actually change all deportations and reduce them completely. he's actually looking at a targeted number of people. the numbers vary, we haven't seen what the language is or if he's doing this ten-point plan. there are precedents going back

to george herbert walker bush of him doing exactly that with 1.5 to 2 million people and alleviating deportations before. any speculation we could have as to whether this executive order would be legal or not is an argument for another day. but there is a real issue here of whether we are going to have the short of showdown that goes on with the new republican leadership or the new old republican leadership and with the president because unfortunately they are not moving ahead and actually dealing with immigration and if they don't deal with it before january, it's highly unlikely they will in the -- before 2016. >> you're talking about a potential showdown, that's been brewing. let's start with jessica and ron with angus king, an independent. pretty independent guy but canvass with the democrats. i think it will create a backlash that could set the cause back and inflame our politics in a way that i don't

think will be conducive to solving the problem. on the republican side, listen. >> he's smart enough politically to know this is really poisoning the well. frankly, there's a lot of people on our side who think he's trying to bait us into some sort of fight. reid is telling him not to do it. >> this is a political trap i think set by the president to lure republicans in into this battle before they take over next year because look, right now voters elected -- more republicans into office because they know that washington is in gridlock right now and democrats couldn't govern. president obama is trying to keep republicans in place there and get them revolved around a shutdown strategy that didn't work last time when republicans tried to shutdown the government to defend obama care. i don't think it's going to work this time. we need to look forward and figure the situation out, no question about it. we've got to look forward to next year and start racking up

bipartisan winds immediately. >> is it arrogant defiance or standing on principle? >> i think there's a lot of standing on principle. i think we've seen that from this administration over and over again, whether it's a political savvy move or something good for washington and having things as ron said -- i agree with getting bipartisan movement actually having real policies happening going forward, that's what the american people want and definitely immigration change and reform and a full comprehensive plan is one of those issues, but i think this is one of the main issues he ran on and he doesn't want to leave his next two years without having some movement happening there. >> it looks like it's happening whether some of the democrats want it or not. not to mention the republicans, jessica and ron, thank you so much. >> thank you. >> eric, the first space craft ever to land on a comet, it has fallen silent. the philae lander entering into

a hibernation period but not before sending back a treasure troef of information for scientists. what could the mission ultimately mean for space exploration. who better than buzz al dren than to weigh in. we'll talk to him. will that be all, sir?

thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. the comet landed sending back its last successful transmission. last night, the probe landed on the comet on wednesday, but it's now fallen into a cold and potentially permanent sleep after its batteries ran out of power. joining us now is legendary astronaut buzz aldren, the second person to step on the

moon. hi, colonel, how are you? >> thank you, doing very well. getting ready to go home to l.a. >> looking mighty fine if i may say. talk about the comet landing being lauded as a combo of great technology progress and a bit of luck. tell me your thoughts on the comet landing. >> indeed, it takes a lot of planning. i understand it took about ten years and the journey took quite some while, and it's a long ways away, good bit further than mars is. so with such a long transmission time, the -- the behavior of the spacecraft has to be programmed and pretty much automatic with inputs that it may get from some tracking that it makes and also inputs to reprogram things. the lander, i guess, had a

little difficulty in bouncing several times, and the anchoring did not engage the surface, but it still rested safely. unfortunately, the location did not put the solar panels in the sunshine. and that's why in some ways -- well, i'm planning a mission to an asteroid instead of nasa's asteroid redirect mission. i think if you can have humans go for a one year mission and send the robot to get there just about the same time, then the humans can watch what the robot is doing directly, and we can learn how to have a robot spacecraft. >> you know, if i may, colonel -- i apologize there, i

jump in only because you mentioned something that i wanted to bring me to this, and now, of course, you set it off being with your space exploration and the ground breaking feat of being the second person to set foot on the moon, but now more citizens want to experience being in space. i want to talk about my last minute with you, what do you think about the virgin ga lat tick and space tourism in general? >> well, i've been following richard branson. i know him fairly well. i know the people in his organization. i think the procedure is rather sensitive and they have had problems with repulsion. there is another tourism flight plan sub orbital and orbital, and i've been an ambassador for them for a while, and they have a very nice progression from

suborbital with one american, then 20 people, and then three people all the way into orbit. i think that's going to be much better than the virgin design whether they fix things after their -- >> after the unfortunate that took place exactly. >> when the fins came apart, deployed too early, yeah. >> you know about computers, they are going to cut us off. i appreciate your time, sir, and it's always good to see you. enjoy the time in los angeles. >> i will. >> thank you. >> i have a lot bit to talk about one of these days. have me back please. >> we will.

hello, welcome to "america's news headquarters." >> a battle brewing on capitol hill as president obama is expected to change immigration policy without congressional input, and that's far from the issue riling lawmakers. we'll have the latest for you. >> new twist in the shooting case, what we are now learning about the deadly and controversial encounter. just as tensions rise ahead of the expected grand jury decision there. and the road to the 2016 presidential race now in the fast lane. what a key hillary clinton ally just said about what could be a

big announcement coming very soon. well, seems president obama's doubling down on the agenda facing a possible collision course with a new republican congress. you know, one of the key top issues? the keystone pipeline. supporters said that pipeline would bring thousands of jobs to the country and critics say it increases carbon emissions. yesterday, the house passed the ninth bill to get that pipeline finally approved, and next week, the senate is expected to follow suit. the president so far refused to approve the keystone pipeline pending a court decision in nebz nebraska, but key stoep is setting up a problem for other issues including immigration. here's more. >> reporter: president obama says he's just about finished waiting on congress to pass immigration legislation. he wants house republicans to accept the democrat's bill, and

republicans want democrats to agree to their version of the bill, so the president said lawmakers should not be surprised if he acts alone by action before the end of the year. republicans are threatening to fight, quote, tooth and nail, if the president changes the immigration law separate from congress. the president returns from his trip to asia and australia tomorrow and suggests he's prepared for some conflict with congress. >> there are going to be areas of agreement between me and republicans, and there's going to be areas of disagreement. there are going to be actions i take they don't like, and there's going to be bills they pass that i don't like. >> reporter: meanwhile, house republicans push ahead with the pipeline. they, along with some house democrats, passed a bill friday approving the pipeline. the senate is set to vote on the same bill on tuesday. so far, president obama is not on board, which could set up another battle with congress. and then there's obamacare. republicans say they'll try to limit the president's health

care overhaul. >> now, after the election, the president may have said, i hear you, but by the looks of things, it's just the opposite. >> reporter: on top of this, the government is only funned through december 11, so the lame duck congress has to deal with that in the coming weeks. eric? >> thank you, molly. more on the relations of congress coming up in the hour. martha? >> vladimir putin threatening to leave early from the g 20 summit saying he wants to skip out on the last day of the summit because he feels russia is unfairly targeted as other world leaders threaten new sanctions against russia, and president obama is calling out moscow for the alleged aggression in ukraine, and this summer's horrific shoot down of flight mh-17. >> we're leading and dealing with ebola in west africa, and opposing russia's aggression against ukraine. which is a threat to the world

as we saw in the appalling shoot down of mh-17, a tragedy that took so many innocent lives, among them, your fellow citizens. as your ally and friend, america shares the grief of taustralian families and share the determination as a nation for justice and accountability. >> the summit in brisbane, australia wraps up this weekend, and the third and final leg of president obama's week long trip to asia. a man hunt underway for a dangerous fugitive outside of denver. the suspect police say shot and seriously injured a police officer in a traffic stop. aurora police said two officers made the stop, and one shot hit the officer. the second officer returned fire, but unclear if the suspect was hit. >> you hear it all the time.

it's one of the most dangerous parts of the job is the traffic stop. you're right. you never know what you're getting into. >> reporter: the injured officer is expected to survive, and officers say the shooter fled and abandoned that car two blocks from that shooting site. could be days before scientists will be able to reestablish communication with the comet lander, if at all. the probe went to sleep today. it will be in hibernation mode for a while while scientists try to charge the the lander is sitting in the shadow of a cliff and mission commanders have been working to move its solar panels, well, to get more sun. john hunt is live now from the new york city news room with the details. >> reporter: as philae's batteries tweeted, did you get my data? i'm tired and might take a nap. will it wake up from the nap? the key to that is recharging the batteries by a solar panel,

but the lander, as you mentioned, touched down in the shadow of a cliff on the comet, prevents it from seeing the sun, and therefore, charging those batteries. scientists at the united states space agency managed to lift and rotate the lander by 35 degrees before it shut down, and they hoped that may be enough to get the solar panels into sunlight. if they don't, scientists say the lander already performed some 56 hours of experiments and data collection. >> that was all very successful, so they have already received an enormous amount of data that was planned to be taken by the lander, and so it's a tremendous success already. >> reporter: now, the main mission here is to try to find clues about the origins of life on earth. the material beneath the surface of the comet is 4 .5 billion years old, and scientists hope if they get some volts, it gives

insight whether comets brought the basic building blocks of life to earth. they deployed the drill yesterday to try to get samples of the comet. they know it began that task, but they do not know at this point whether it completed it or whether the drill touched the ground. now, scientists have been working around the clock to make best use of the time the lander was operating, and as they wait to see if the batteries recharge, they will now follow its lead and take a nap themselves. >> all right. everybody tweets. >> that's for sure. >> thank you. well, obamacare has been making headlines a long time for the wrong things. today, signup started again. we are told rates are going up, and one-third fewer people are expected to join in. what this means for obamacare's future. hillary clinton, will she or won't she run for the white house? what do you think? coming up, what one close

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fox news alert, latest ebola patients set to arrive in the u.s. for treatment happening any moment now. a live look at the air base where he will arrive. dr. martin salea's plane touches

down in omaha, nebraska. officials say he is headed to a hospital there that successfully treated other ebola parties. he's a doctor scene legal u.s. resident working in sierra-leone, one of the countries in the middle of the outbreak in west africa. well, the clintons, bill, hi hillary, and chelsea gather in little rock for the presidential library and center and there lies whether hillary clinton runs for president. another clue comes from a long time confident, the virginia governor, predicting there'll be a decision in 60 days, and he says by january. he added that mrs. clinton says has a lot going for her saying, quote, it is time for a woman president of the united states. so, if it's a 99.999% chance and safe bet that she'll run, what

goes into that decision? we have our national rourt for "the washington post" joining us now. colby, what do you think this weekend as they are in little rock looking back is going through her mind about looking forward? >> well, our colleague from the "washington post" is down in arkansas right now, and she reported that one of the catch praises of the weekend is our work continues, another hint at what the kclintons are thinking. as the nostalgia kicks in, around advisers, people pushing her to make another run for the white house, i think she's going to be listening to the advice and shouldn't be surprised if we hear something in the early part of next year. >> what do you think is going through her analysis of this whether she wins, who she will face, whether she is young enough to take this on? >> you know, i think it's a matter of does she want to put

herself through another rigorous campai campaign? 2008 was difficult, disappointing for her and supporters, but you look at the ground and the grassroots everyday around another clinton candidacy, ready for hillary clinton effort, a number of people in the democratic party who want her to run. the democratic bench is so shallow. there's not a lot of people who come out and launch the kind of campaign that hillary clinton could. i think she knows. th that. i think another calculation for hillary clinton is that she, one-third woman president, and felt that women presidents should be her. >> talking about 2008, and there's a derate of birth of democrats now. they fled to obama because of her iraqi vote. what does that attack left at the same time trying to attack right? >> it's true. if you read a lot of liberal blogs enlisten to a lot of liberal media, there is a ground

swell around elizabeth warren who said she will not challenge hillary clinton and has no interest in doing so. if you listen to hillary clinton, she's been making a lot of popular imagines talking about warren. so she needs to focus on the economics, the middle class, families, those are the strengths for the party whereas, you know, i think that that's where she needs to focus her message, and i don't think she has to worry about elizabeth warren. someone like bernie sanders could run against her, but nobody has the clip ton machine, which is pretty formidable to run against. >> the clinton experience, nudge over to bill after he lost to frank white? 1980, becoming the youngest governor out of office; he attacked another way and recaptured the governor's office in little rock in 1982. the real clear average politics polls are fascinating showing

she's beating any republican. let's take a look. chrkris kenterchrikris kenterch look at this, nearly 10 points ahead of him. what does that mean, can she do it? do you think she potentially will be the next president? >> if you talk to democrats, talk to democratic advisers, that's something they are very excited about. it's that the republicans have -- sometimes 20 people on the list of potential condition d candidates and 2016 a hillary clinton runs and nobody challenges her from the democratic party. she comes into it really strong in the general election while the republicans tear themselves apart. that's what she must be hoping. she's already ahead of them now, you can see rand paul already started attacking her. as soon as the midterms were over, he targeted her as if they

were already running against each other, and so all those things, i think, must be factoring into her decision. >> but at the same time, you know, speaking of rand paul, what he says about the democrats who lost tuesday, called them hillary clinton's losers. you have a really incredible rejection, and repudiation of the democratic philosophy last week in the election. how does that impact her potential run? does it help her? does it hurt her? what happens when other republican members of the senate are up in 2016? >> i think a lot of the democrats that were running were running in really tough elections in 2014. we saw, you know, a lot of them in red states. they were up against an obama agenda that was the message throughout all of 2014, so it's hard to say that hillary clinton could have come in for many of the candidates and turned it around. that said, 2016, as you noted, is a completely different map. you is a lot of purple and swing states. you got republicans in new

hampshire, and ohio, and all up for re-election, and with hillary clinton at the top of the ticket, i think a lot of the republican senators are worried. >> all right. she'll be out there, and they are down in limit rock now as reported, and i wonder if there's not a few people in the crowd at the clinton library looking at the side of the river there and seeing if they are measuring where they could put another clinton presidential library perhaps. >> perhaps. >> it's been less than a week since the relaunch and healthcare.gov is fully functioning on day one of the obama obama care enrollment period. now as the second signup season begins, what does the future look like for president obama's signature legislation? jim angle has details from washington. >> reporter: obama was number within on the list, and number one campaign ads in the week before the election. >> they expected people elected

to do something about obamacare, but what? speaker boehner made clear they'll start with repeal and replace. >> the house, i'm sure, next year moves to repeal obamacare. it should be replaced with common sense reforms, out of respect the doctor-patient relationship. >> reporter: some say it takes insurance away. >> if you repeal it, you have to replace it with something, just another way of saying we'll change obama care into something different and better. >> reporter: many want a new plan to have a new plan, with tax subsidies, and up to 72,000 a year for a family of four to buy any plan they want without the restrictions of obama care. they'd guarantee coverage of preexisting conditions, allow children under 26 to stay on their parents' plan, and scale back many of the taxes in obamacare. there's also bipartisan support

to replace parts of the current law. >> there are pieces of it that are deeply, deeply unpopular with the american people. exported a number of jobs, and loss of the 40 hour workweek, a big, big mistake. unions complain they are shifted to 30 hours so employers cannot provide insurance 37. >> employers reduced hours to avoid the mandate, a lot of them are outsourcing, using contract labor and temporary labor. you might find a lot of support for getting rid of the employer mandate. >> reporter: on the medical device tax, 79 senators of both parties on record opposing it including key liberals. republicans could act to guarantee that everyone who has an existing plan can keep it. >> i think that's the thing that actually would be hard for many democrats to oppose and resist. the president, himself, promised it. >> reporter: republicans have a long list of ideas and plans to

improve health care, but they've not yet agreed on a single plan to replace obamacare. in washington, jim ankle, fox news. well, if you look out the window? winter has already come to most of the country. snow and well below normal temperatures in the midwest through new england. is it warming up or winter here to stay? janis dean is standing by to tell us. new revelations about the shooting of michael brown by daren wilson. what we're now learning from new police dispatch recordings. it's going to be a black male in a white t-shirt, running towards quik trip taking a box of swisher cigars. ♪ abe! get in! punch it! let quicken loans help you save your money. with a mortgage that's engineered to amaze! ♪

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firefighters say there were as many as 45 people inside when the fire started, but thankfully, everyone got out safely. it's believed to have been started by an outdoor fireplace. sigh of relief for the family of a missing 12-year-old girl. police say jasmine baker was found safely with a man in ra raleigh, north carolina now question. baker went missing on the way to school tuesday. the suburbs of paris, residents spot what appeared to be a baby tiger wandering the streets, but the search for the big cat entering its third day there, but police are not sure what kind of cat is on the loose. fox news alert for you now. the nation's top military brass says the battle against isis is starting to turn the corner. general martin dempsey is visiting baghdad today to talk with government officials there.

it is the first visit to iraq since the offensive began in the summer. he praised the troops for helping the iraqi and kurdish forces pull the grip back from the islamic grip of isis, but the general warns the fight against isis will be a long campaign. well, eric, new details come to light in the deadly encounter between officer wilson and my coal brown. awaiting a grand jury's decision whether or not to charge the officer, the st. louis post dispatch has obtained surveillance video and police recordings from the day of the incident suggesting the entire incident took place in less than 90 seconds. here's some of what we've heard. >> several more units over here, there's going to be a problem. >> any available ferguson units who can respond to canfield and copper creek. advise. >> a fox news legal analyst and

wilson, a trial attorney, ladies, good to see you both. we have a statement from the brown family after we talk about this for a minute, their reaction to the new release of the surveillance video as well as dispatch recording we heard. so i want to start with this, and you're going to answer this first for me, mercedes, you'll get a shot as well. what happens if wilson -- officer wilson is not indicted? should he be reinstated? in what capacity? >> i'm guessing, and we've seen on the night he went to the hospital, the union already is involved. he has union counsel advising him. if he's let go and there is no indictment, no criminal charge, and no internal investigation yielding wrong doing, you can be sure the police department is sued if he is, in fact, let go. it would be determined to be wrongful determination, and so as difficult as it may be for people to accept given how emotionally charged the situation is, if there's no indictment, i'm guessing he's

staying on the job. >> and you took me, actually, you can answer that part first, but you took me to where i was going to go next, if, again, if wilson is not indicted, you know, are there any further legal routes that michael brown attorney's take from this at this point? >> well, every police department from the nation has immunity. it says you have to show pattern and practice of discrimination or police brutality in order for this to be a claim to condemn the entire police department. if there's charges against -- talking si ining civil charges officer wilson, you have to show a pattern and practice in place and the entire police department had that type of systemic discrimination or brutality against individuals. it can't be. that's why so many of the cases are ultimately exonerating the police department. you can't find that type of systemic break down with the police departments across the nation. >> am i understanding correctly, what you're saying, mercedes, if, n., he's not indicted, that

that is the kind of the end of the legal road for brown's attorneys? >> well, look, in the civil part, if there's federal charges, that's the thing, talking state right now, there's also -- if there's federal and state charges that can come -- depends on which jurisdiction, and federal and state, you do not get double jeopardy. you can be found unindictmentble, and say they violated the federal rights. >> go ahead. >> well, i was going to say it's clear that the federal authorities keep an eye on this, in fact, there's been publicity about the brown family having their own autopsy down, and, in fact, the federal authorities had an autopsy done in this case as well. they are keeping an eye on it and monitoring how things play out and if things are done properly. >> a lot has to do because eric holder was so aggressive with the police department. investigation's not complete, and he's already condemning the police department. there's a lot of political

underpinnings to the case that leads us to believe feds come in, it's a matter of time. allowing the state to go through the process, but the feds will step in. >> brown's family had dr. bowden to come in to form the autopsy. let me read the statement from the family in reaction to the latest recordings that we heard from the incident that day. here it is. quote, information was leaked from within the police department that wilson was severely beaten and suffered an orbital eye socket blowout indicating that michael brown somehow deserved to die. from the video released today, it would appear that the initial description of the injuries were exaggerated. furthermore, the audio clearly demonstrates the initial interaction with the officer and brown had nothing to do with the incident at the convenient store. the remaining portion of the audiotape did not establish any connection with the convenience store incident. again, that's a statement from

michael brown's family. let's jump off there. there's the video, thank you, khristine, from the incident at the convenient store where he allegedly is charged after the shooting, all right. so that was there in the white t-shirt. back to the thought here, so i understand there's something there call the sunshine law where that is how dispatch was able to get this information, so what do you think of the information released now, what's the take of it? >> it's inflammatory. look, it's tragic all around. we're deeply sorry for the family's loss. it's inflammatory to say that. were these statements? sure, you see the police officer there. look at medical records. what the audiotapes show and what's been shown to the public, this is a portion of what's been

shown, not the entire time he was in the station. >> there's a couple things going on here. there's the investigation itself. then there is public reaction all over the news because things are percolating, gun sales are up, places board up their windows, and i agree while the grand jury investigation is going on, even if they have the right to obtain information, they release it when an indictment or a bill comes forward, it just citing the masses that the grand jurors have. hearing it for three months. >> i want to switch here. we started the if, if he is not indicted. if he is indicted, mercedes, pick it up here for me. what's it mean in terms of punishment, and could his attorneys appeal that decision? >> it'll go to --

>> they cannot? >> it'll go -- he'll have all due process, going to have the trial. we're talking a murder charge. it's not going to be murder one because it's not premeditated, but it may be wreckless murder, indifference murder, all of which would be 25 to life. >> if indicted, it goes to trial. >> that's right. >> and then find out what the punishment might be at that point? could be up to what? >> 25 to life. i mean, if it's depraved indifference, which is what they'll try to prove. they'll say it's depraved indifference. you should not have shot the boy to begin with. >> reports coming out are that the prosecutor has actually seated authority to make the charges decision to the grand jurors, they are possibly looking at first degree murder, second degree murder, or manslaughter, and so it is up in the air and what the indictment will be. what we know of him, indictment comes forward, we'll see more of the actual facts and information

from the investigation. >> now, you know, a lot of people who had been following the case, they were just, you know, lay people, just thinking, okay, is there any way that a grand jury's decision could be tainted or persuaded by the social outcry, social involvement? just been protesters, and we're not hear to take either side, but, you know, could all of this attention in any way persuade or sway how the jury decides? >> undoubtedly. there's a concern about that, you're in ferguson county. if it goes to trial, it has to have a change of venue. you'll have the same jurors. there are many, many more of the grand jurors opposed to 12, which is the trial phase. maybe the influence is greater when you got a greater group of

people. there's a mob mentality. >> all right, we have to leave it there. thank you both for the analysis. >> thank you. >> okay, thank you, eric? >> thanks. well, you know it's cold severe weather on the move over the weekend. ice systems make a big push throughout the u.s. as a second round of arctic air brings us the coldest air of the season so far. what comes next? meteorologist janis dean is here from the weather center. winter's here. >> you know, i think a lower third should be novemberrrrr. i did not make that up, but it's good, i'll say. it's novembur, and it's 46 in memphis with the windchill, what it feels like, if you're not prepared, you're not dressed warmly, feels like my nuz 11 in rapid city, 1 in denver.

all the air moves south and east. we'll get it krast across the east coast this weekend into next week. forecasts next week, areas below 0, the teens, and 15, 18 degrees in green bay headed to sunday. yes, the coldest air of the season arriving in some cases this weekend. across the great lakes to the mid atlantic, those are the overnight lows. chilly. have that extra blanket. the snow, of course, the great lakes across the plain states, rockies, and developing storm activity over the gulf coast meeting up with the cold air northward. we could see snow as far south as amarillo up to oklahoma into the tennessee river val lee, ohio river valley. not block buster amounts, but could cause problem headed into work and home from work and across the east coast, a chilly

rain event, but on the backside, we'll see the snow fly for the great lakes and in some cases 6 to 12 inches of snow on the way tuesday. there's the snowfall total. biggest amounts downwind of the great lakes because lakes are still relatively warm, and all that cold air brings across snow totals, perhaps record breaking next week. november is underway. back to you. >> wow, talk about a foot of snow, you know what it means? tell the kids to put on mittens and clips because they lose the mittens. >> sound advice again. heavy flooding kills at least eight people in italy. right now, police are searching for a man in his 70s, thought to have died after the car was engulfed in water. several rivers breaking their banks after two days of heavy rain and strong winds leaving parts of central and northern italy submerged. so far, rising water levels have

cut power forcing some people from their homes. many of the hardest hit regions are still recovering from deadly flash floods just a few weeks ago. take it back to two iraqi towns, but can we, ats president says, to defeat isis? taking his own firsthand look at the fight, making a surprise visit to iraq. up next, we'll find out what his message means to our country's military campaign against those radical islamic terrorists.

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well, america's top military officer dempsey is visiting iraq today meeting with u.s. troops, commanders, and iraqi leader. the visit is comes just two days after he told congress he would consider sending more american forces to join the fight against the radical islamic terrorists of isis. what is this visit say about the

country's commitment to the new military campaign? on an all military front, retired military adviser to vice president dick cheney, good to see you as aultz. why is it important as a top official there firsthand, meeting to the people, talking with the troops, getting a sense of the iraqi generals and officials themselves? >> it's good that he is there, there for reallyobjective is to show the troops, since he's been there, first armored division from kansas provided a command capability, command element in baghdad, able to see firsthand and listen to what the troops are saying with regard to the potential for training the iraqis, assisting the iraqis, and getting a good situational awareness of what's happening on the ground with isis in iraq.

second objective is to meet for the first time the counterparts leading the future military objective in particular in northern iraq, and that's, of course, the new pry mime minister of iraq. you have a new minister of defense as well. just in power about three weeks ago. finally, the joint chiefs of staff is the adviser to the commander in chief being there firsthand is a good thing so that president obama hears first hand what the situation is on the ground. >> upon the return, of course, gives a full briefing to the president in the oval office. you talk about the iraqi forces. why would we have any faith in them now when they dissolved so easily before? >> i think we have faith in them now because there's been one or two assessments that have shown that there is core fighting power, core capability with the iraqi forces, and they've been really challenged under the

malaki regime and sunni differential. there's an attempt, especially with the new defense minister, to emphasize the sunni capability, and, also, the iraqis are intent to build a new national guard to protect itself citizens and now anbar province. we should be -- it's a good starting point, good point of departure. going to take 18 months or better to really get the iraqi fighting forces in shape as i understand it. also general dempsey mentioned the sides of the force. looking at upwards of nine brigades and 80,000 forces from where he's going to start to where the u.s. forces in the training mission will be. >> i mean, you give us assura e assurances now it works, but wasn't this supposed to happen already? >> i don't know about that, eric. i think there was a sense that the iraqi forces could stop the isis advance towards baghdad. aye sis is still in charge, on the ground.

the air strikes we had over 800 of them so far, have disrupted, but it's not really slowed the impact of isis in iraqi. we've got some core fighting power with the kurdish forces in the north. as general dempsey said when talking with the troops over the last few hours, he said, we've really slowed their advance, had a chance to basically give iraq another chance, and that's what he's there to basically assess and see what the plan is to achieve that. >> there's been successes, the town taking been where the oil refinery is. finally, briefly, do we have to kill baghdadi to stop them? >> it would help. the leadership, the head of the snake, if you will, always important with regard to the leadership capability of the isis or isil effort inside iraq. our overall strategy, though, is what was recently termed

containment plus to contain isis in syria. the plus piece of it is to basically get isis out of iraq. give iraq another chance and certainly the united states has a core responsibility within the coalition to do just that. >> that is the plan, and as you say, will be a long campaign, captain bob wells, always good to see you. >> thank you. >> thank you for the analysis today. >> very nice. item found in a garage sale leads to a cross country search. this is a story that was brought at a michigan garage sale, but the new owner did not expect to find something else inside. >> what was it? >> we'll find out. ♪ huh, fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know words really can hurt you? what...? jesse don't go! jesse...no! i'm sorry daisy, but i'm a loner.

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i'm just looking over the company bills.up? is that what we pay for internet? yup. dsl is about 90 bucks a month.

that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast. personally, i prefer a slow internet. there is something about the sweet meditative glow 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. now for a look beyond the news, here's author and journalist liz trotta with her weekly commentary. >> would you ever for a moment believe that in manhattan, once the fashion capital of the world, caulking down the street dressed up will attract curious if not hostile stairs? most passers-by who during the

french revolution for a country that celebrates diversity to the point of incoherence, americans across the country are looking more and more like robotic members of an unidentified cult. the national costume is a combination of very distressed jeans, t-shirts bearing unwanted messages and sneakers, or boots if you live west of anywhere. at best, too many look as though they are headed to the gym. at worst, they are wearing their underwear to the local grocery. is there anything more revolting than an overweight middle-aged man many hugger jeans? jean sales are down 6% from last year. now, before anyone starts hurling charges of elitism, let me point out that money has nothing to do with good taste. it certainly costs more to look like an inebriated rock person

than a normal person. then, venture into the grand lobby of any deluxe hotel here or abroad. guess wearing baggy shorts and flip-flops, has the revolution already started? americans are known the world over for raising casual dress to a 24-hour look. it seems they just don't care and, besides, dressing well means that you are oppressing. the shabby masses here and in europe indicate a colossal failure of self-awareness. won't someone sit these people down and tell them what their stunted sense conveys to the world? namely, that they are slobs?

how about the hairy guy in shorts sitting next to you on a cramped airplane? or women of a certain age de devoted to tank top cleavage. it's all about comfort. there was a time when how to dress was part of education. by the 1960s, home economics was out. maybe that's why it looks as though americans are dressing like their prehistoric ancestors. a designer has a shrewd opinion on this. he says sweatpants are a sign of defeat. you've lost control of your life so you bought some sweatpants. let's hear it for the well-dressed. you never know what you may find at a garage sale. listen to this, a michigan

resident found this world war i foot locker. it wasn't until he opened the box that he uncovered a name inside along with the address. he contacted the national guard and they were able to trace the name to mexico but they didn't find anything there. but then, just last week, lyle found her and gave her a ring and she was thrilled to find this unusual find and trying to figure out how to get that historic item to her home. >> very thoughtful. >> your grandfather's world war i trunk. >> really wonderful. thank you. carol alt is up next and i'm back at 4:30 eastern. see you then. well with new nestlé toll house frozen cookie dough, you can bake as few or as many as you please. whenever your sweet tooth comes calling, they're frozen and ready to bake. find them in the frozen aisle. bake some love™.

welcome to "a healthy you." when people hear the word dementia oral timers, the first thing that comes to mind is memory loss or confusion. but these diseases are much more than that and can cause unexpected challenges for the patient, family members, and even friends. today, leeza gibbons joins me to talk about her own family's journey dealing with dementia. plus, "fat, sick and nearly dead" and to talk about how juicing is going. first, who doesn't