>> i am married to a scandinavian. >> and that is outnumbered and click the over time tab. >> "happening now" starts right now. >> fox news alert. three americans brutually murdered in a attack on worshipers in israel. >> israelis are warning they will retaliate. can the u.s. and israel work together to stop the escalating violence in a holy city? it is "happening now". >> a major national issue up for vote in the senate. after stalling for months, will law makers approve the construction of the key stone pipeline. if congress said says will the president pull out the veto plan and say no. >> worst terror sent to gitmo. and some of them are out and

heading back to the battle fold to fight with our enemies. should the terror lock up remain open. >> getting him off of the border is grat foying. >> a neighborhood pooch tracks down the u.s. marshal on the most wanted list. case closed thanks to an unusual twist. >> it is the weirdest thing. it is all "happening now"ing now. >> first to the top story, supporters say it would bring thousands of jobs and critics call it an environmental disaster. welcome to the second hour of "happening now" on tuesday. i am jon scott. >> we are awaiting the vote in the senate on the controversial oil pipe line. democratic leaders hope that

senator mary landrieu's support for the project will help in the run off with casside. casside sponsored a house bill that passed on friday. here's more as it all plays out, mike? nall 45 republicans are on board with the bill. the key is finding 15 democrats, mitch mcconnell urged the democrats to back building the pipeline. >> key stone xl is common sense. it is shovel ready and help thousands of americans find work and increase our north american energy and do all of that with miminal net climate impact and that's why the american people support it. >> two other people supporting it are running against each other in the louisiana run off. mary landrieu is pushing the

project. landrieu said she had 60 votes to make the pitch. >> just fyi to everybody who thinks that the pipe line is the end of the world. we already have 2.6 million miles of pipe in america. we are only completing a thousand miles. what is everybody upset about? >> on the senate floor, expect arguments for and against the issue. many democrats are opposed and the white house hinted that president obama would veto it. democrats are talking climate change. >> instead of confronting that croisis, we have the party of no saying no, i am not a scientist and no, i won't listen to them. and we do nothing and this

project does thep sit. it makes matters worse. >> if it fails today, that may hurt landrou's election bid. and republicans will bring it back in the new congress when they control the house and the senate. >> maybe you and i are the only one think so. those floor speeches are always entertaining. thank you, mike. later on in the show we'll have a fair and balanced debate and both sides will weigh in on the impact to the economy and environment. >> another move on capitol hill. this one will not come up for a vote in congress as president obama apparently plans to take action on his own to change the nation's immigration law. that is expected to mean amnesty for millions of people that are here. we'll talk about it with david kepne. this is a president who used to complain that george bush used

executive action to enact too much of his agenda without congress now he does it himself? >> what a difference it makes when you are president. and when you are stimied by the opposite party in congress. look, president obama and his aides are pointing to president reagan and president george. bush who also took executive action on the immigration front in the past. look, i think it is a defiant posture by president obama. he's heading in the final two years of his presidency and now up against a republican congress completely. i don't think he thinks they will do anything on immigration and this is him acting alone with political hard ball i think. >> is he saying illegals that are here now is going to be

legalized? is that the sin opsis? >> not exactly. he is not granting, that they will not be granted citizenship. they will be protected from deportation. basically the obama administration and president obama himself are invoking discretion saying police officer all over the country can pick and choose what crimes they prosecute. if they go after the bank robber or the guy speeding down the road. and we'll decide not to prosout and deport 5 or 6 million undocumented workers. and republicans said it is the wrong approach. president obama's response is you didn't act on it and i don't believe you will act on an immigration bill in the upcoming congress. >> this is the action he will

take. >> the republicans have the house and will have the senate and if they choose to stop the president can they do it through the bottoming or any other means? >> it is unclear. legal experts disagree on what republicans can do. we know that speaker boehner filed a lawsuit over obama care and more symbolic than changing or ending it. and will republicans threaten a lawsuit over president obama's immigration action? that remains to be seen. i think what president obama has heard from leadership on the hill they are not going to take up an inigration bill. it will be fascinating how much the republicans push back. we'll see the kumbaya h and they say they will work together, but both sides said it could poison

the well. >> clearly he knew what he's going to do is unpopular politically in some states. he could have done it before the election had he so chosen. >> he was trying to protect democratic senators in red states that it believed it would doom them for election. they were doomed combachlt look at mark pryor and senator mark begitc. >> he delayed the decision. there were reports that he could have acted on it in the summer and he wanted to act on it right after the election. he's given it space now and looks like he will go through with it although we don't know until the deed is done. david, search writer at u.s.

news. >> a virginia woman in federal custody accused of lying to investigators about the potential involvement with isis. they have watched the 29 year old for months and claimed she promoted isis on social media and tried to recruit new members. >> reporter: this criminal complaint alleges that healther cox of virginia was a supporter of isis and lied about her pro isis post on facebook. what is striking about the case, they rely on undercover interviews and kaufman's social media traffic and using on line aliases. she listed on her facebook account that her work for jihad for allah's sake.

and kaufman posted a photosimilar to this one with the isis black flag and heavily armed men with ak 47. and one read the holy fighters. kaufman will be arraigned in the court on wednesday. she will face charges of promoting material support for a terrorist group and making false statements. >> isis is propagating do it yourself in addition to rekraut and attract foreign fight ares to fight in syria and iraq. they are sending a message, don't come to iraq and syria and take steps in your own countries where you can have success in terms of terrorism. >> reporter: the lawyer understood the charges arise simply from the facebook account and to the best of his

knowledge, she's never left the u.s. for iraq or syria, shannon. >> thank you so much. >> tensions are high in ferguson, missouri with a grand jury decision expected. the fbi is issuing a new warning to police as missouri's governor takes action to insure public safety. >> a massive snow storm hitting right now. and forecasters say the worst may be yet to come. you can say the canine has a nose for detective work after she closed a case that thousands of tips and manhunt could not.

i didn't think i'd have a heart attack. but i did. i'm mike, and i'm very much alive. now my doctor recommends a bayer aspirin regimen to help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen.

>> nearly half. country dealing with a record freeze right now and lots of ate is getting pounded by a winter storm.

buffalo seeing three feet of snow. it is it so bad, that 100 mile stretch of the new york state freeway is closed and state troopers using a tv's to bring emergency supplies to stranded drivers. the storm is dropping four inches an hour. and it will happen over the next couple of days! >> rising tension in ferguson, missouri. the grand jury decision over charges filed against the white police officer who shot the black teenager. the governor filed a state of emergency. garrett is in clayton, missouri for more. >> reporter: tensions are high and emotions are high in st. louis as folks await the

decision by the grand jury. police and folks in the community are now preparing for it in case it turns violent. we spoke with the st. louis county police department said the number of application for concealed carry is up 50 percent since michael brown's shooting. gun shop owners are selling weapons in large numbers. they are calling up the state national guard. those troops will be in st. louis to protect shopping malls and businesses and government buildings and police command centers. and most of the demonstrationing will be peaceful. but the fbi is encouraging law enforcement agencies cross the country to be prepared. in an intelligence bulletin they

warned of mass demonstration. and st. louis police chief told bill o'rielly they are keeping a close eye on some of those groups last month. >> the law enforcement department a lot of good people want their voices heard. but the criminal element. communist party and they are here because there is a stage and platform and it bothers me and worries me. >> this afternoon, governor jay nixon will announce the ferguson commission. they are tasked with studying the issues that were brought to light following michael brown's shooting and tasked to come up with specific recommendations on how to improve the st. louse region. >> all right. we are watching and waiting. the nfl taking a tough new stand on domestic violence.

one of the stars learns his fate after a plea deal concerning his son. and can the u.s. work with israel in response to the the growing violence that took american lives. and we might know the names of two westeners that announce the murder of american hostage peter cakasssigkassi

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>> right now the national football league suspending minnesota running back adrian petersen without pay. he pled no contest to injuries for the four year old son he disciplined with a switch. the league said he will not be considered for reinstatement for

violating the league's personal conduct policy. petersen was suspended with pay until today. the nfl association plans to appeal the punishment. >> four people brut ideally murdered in the holy city of jerusalem. two palestinian mean stormed the sin going and carried a gun and meat clovers. the attackers were shot dead by police. there have been more clashes in the aftermath. michael singh is managing director of the washington institute. incidents like these can flare up in huge confliigrations. what is the danger of that happening here? >> as you know. secretary of state kerry was right to call it an act of pure

terror. it is outrageous act. and it is a pattern that is emerging. and eight were killed in terrorist attacks this month alone. and part of a pattern of rising violence in jerusalem that has been going on since june. while the attacks appear not to be organized or centrally directed, the concern is that they could become more organized and therefore spread. the other concern is that because they are not organized or directed, they are hard to prevent and deter as well. >> it is my understanding that a lot of the violence has been squelched because the palestinian leaders and israeli leaders were cooperating behind the scenes, what do you know about that? >> there is a long history of cooperation with the the

palestinian authority and israeli in the west bank. where secretary of state kerry is trying to ratchet down the violence. but one concern is there is a toxic environment of insightment coming from the palestinian leaders. and one thing that secretary kerry said in response to the latest heinous incident, the calls for days of rage, for example need to stop. we need to see palestinian leaders speaking out forcefully against these acts of terror. >> president obama doesn't seem to have the best relations with prime minister netanyahu, what more should the administration do? >> the personal relationship may be strained, but the over all underlying relationship between u.s. and israel is strong. i expect the united states to stand with israel as it tries to confront and respond to the

threat as well as do what it can be to assist israel to ratchet down the tensions and lean on the palestinian and arab leaders to counter down these. >> there is more westeners join isis. they announced the murder of peter kassig. he was kidnapped in syria last year. a father in great britain thinks one of the executioners is his son who traveled to syria to join the terrorist group. and another person in france said it is a french citizen. what happens when they return to the homes. how much danger are we in, michael and the nations of western europe? >> it is troubling, john. it is a heinous act of

terrorism. it is troubling and this notion of the people who are perpetrating these acts are westerners who are radicalized in the west and travel to syria and iraq to participate in isis' terrorist campaign. one big concern is that they will return and carry out acts of terrorism here. in europe there have been attacks and in britain. but there is also a worry about people radicalized here and stay here and conduct home grown acts of terrorism and lone wolf acts of terrorism and not directed by any group or requiring much funding or training but inspired pie the groups and ideologies. >> to most of us. a beheading is the repulse you have kind of murder that one could imagine. why is it in the circles, it attracts new rekrauts? >> it is hard to say. it is complicated.

one thing isis isooking for in putting out videos is to attract and stir up sectarian hatred in this part of the world and they have had a measure of success in doing that. and that is what the allies are pushing back against. and to insure they don't see measure of success over the longer term. it is true, counter are radicalization in our country system something we have to do. it is not a task for governments alone but requires the communities as well. >> michael, thank you. >> thank you, jon. >> a senate vote on the key stone poip line in the september. senter ares say it will reduce our dependence on foreign oil. environmental groups are up in arms. we'll have the debate. and man's best friend makes a gruesome discovery to end the

search for a fugitive. >> she gets out, and she is always bringing things home, ducks and chickens. kids toys and stuff like that. this is the weirdest thing she ever brought home. constipation or irregularity, powders may take days to work. for gentle overnight relief, try dulcolax laxative tablets. ducolax provides gentle overnight relief, unlike miralax that can take up to 3 days. dulcolax, for relief you can count on.

>> the fox news alert. the obama administration is struggling to put as much distance between itself and

johnathon gruber, the mitt economic's professionor who referred to american voters as "stupid" for letting the obama care law put in place. at any rate press secretary josh earnest is making comments on mr. gruber at his white house press briefing today and here is a sample. >> people are understandably of relitigate all of the political fights in 2010 as relates to the affordable care. some republicans are seeking to fan the flames of the political arguments because they think it is advantageous to do so. they do so because it is easier to talk about 8 or 8-year-old videos than talk about how smoothly the second open

enrollment period went. >> just old news according to josh earnest, the president's spokesman is talking about the embarrassing videos that surprised from one of the architects of obama care. we'll have more on fox. high stakes battle over the key stone pipeline. we are waiting for a senate vote on the pipeline. and reports right now one vote short of approval. and there is no indication president obama will sign it. for a fair and balanced debate. we'll bring in jack and bob don't spokesmen for the resource council. >> we'll start wu. also in the white house briefing josh earnest hemmed and haed when asked if the president vetoes the bill. how willing are you to allow the president to punt this?

the white house said it is up to the states? >> there is one single question before the president. is it in the national interest. it is not. it will plant some of the dirtiest to be piped through. and it is not helping our country. but it is a bad idea and we hope the president will veto the legislation. >> jack, there is a lot there keyed up for you to respond. >> if i had to respond to all of the misinformation it would take half of the program, shannon. it is it important to approve the key stone pipeline that makes us more energy secure. the international energy chief economist said it was peanuts compareed to china and it was only a couple hours worth. and we look at where we are

today. approval of the key stone pipeline would generate 42000 u.s. jobs failure to approve the key stone jobs is outsourcing american jobs to canada. if we are concerned about the jobs, approve the pope line and put our people to work. >> bob, there are studies by the state department and that is where jack is getting number 42000. the white house is deferring to the state department. and findings include that the matter that is going to be polled out of the earth and transported in canada. canada is going to do it anyway. it matters whether or not we are the consumer or it goes elsewhere. does that belie the argument that you have worrying about the pollution that comes from mining or producing that product?

>> on the jobs, the state department will take transcanada at the word. the company said those temporary jobs jack is talking about disappear with 1 or 2 years and we'll be left with 35 permanent jobs less than a local mcdonalds. and the state department found the tar sands dirty crude from canada is 17 percent for our climate than ordinary cruit. and if this crude we are getting out of here. why don't the canada pipe it to vancouver. they don't want it contaminated with explosions and leaks. we have had 6000 leaks. we don't want our ranchers and prairie lands at risk. the folks who are generate

billion worth of food for our country. we need to protect their land and water from the risk of a dirty tar sands disaster. >> jack to that part. plenty is transported by rail carc and tankers and there are significant safety concerns there. and i cite back to the state department and others. the pipeline has risks that it would be less risky than the above ground transport. >> pipeline and product moved by pipeline. 99.99 percent of it is moved safely. there is a great record for that and as you pointed out, that product is moving. it is moving by rail. let me make the other comment. we talk about the temporary jobs, since when was a temporary job a bad job? 42000 jobs? the president's job is temporary and that doesn't make it any

less important. those in the the labor movement are offended when we hear the comment that construction related jobs are temporary. they are all temporary but they are goodwill paid job and that's what infrastructure is all about. and what the president talks about wanting to create jobs and build infrastructure. they are great paying good jobs and the type that support middle class america and the type we need more of. and so we'll approve the pipeline and get on with it. >> and see how the senate sgo does. we'll watch and see jack, and bob, thank you for the time on an important topic. >> thank you, shannon. >> monday is the deadline to reach a deal with iran to freeze the country nuclear program in exchange for lifting economic sanctions. but critics say iran's human

right's record should be considered in any agreement. we have a look at that with eric. >> iran nuclear negotiations resume in vienna today, critics say the u.s. and allies are ignoring the blood of scouted iranians and public hangings. and ampititions and persecution of christian and religious minorities have sky rocketed. executions have more than doubled in the last seven years and now to 700 a year. they are are investigating the human right's record and blocked by the iranian regime from entering the country. >> people can be put to death for crimes and on trials that

are with death. and can include political as well. >> the killings should not only be a part of the ongoing talks but iran should be held accountable for the atrocities. the iranian regime has abysmal human right's record. and nuclear negotiations to not act as an excuse to turn a bloind eye to the abuses in iran. iran said it uses the death penalty only for serious crimes prosecuted fairly in a court of law. >> islamic republic of iran participating in the international delivers and

promotion and protection of human rights. iran furthermore maintains that achieving the you an rights requires mittual respect of different cultures. >> venezuela and north korea and russia praised their record. but the u.s. demanded that teheran comply with international law. >> thank you, eric. >> it is a dog in texas that ended the manhunt for a most wanted fugitive. carle found a human skull. she brings them home. it was the skull of a convicted child sex offender. >> thanks to the lab. kevin stowser is no longer

a wanted man. >> he was finishing out the rest of an 11 year sentence for child pornography. he took off before his release. >> he fled when confronted with those a device that had images of 26 scant illy clad children. despite a manhunt and tips, investigators came up empty handed. >> had we need been able to close it or the skull not found by carle, we would have been looking for him until we found him dead or, lone. >> in september carle wandered out of the backyard and came back with a human skull. >> she gets out and she is always bringing things home.

ducks and chickens. kids toys. you know stuff like this. this was the weirdest thing to bring home. >> it is it a cull with hair. >> and they started to investigate. they caught wind and reached out. little did they realize it was a break needed to solve the case. dna matched him to the skull. >> it would be closure for more people. that's what my thought was when i figured it out. snrgs investigators are not sure how the fugitive died. he pled around the halloween floods. >> he may have been bedded down by the creek bed. >> it is not chlor if they will get the reward. but carle will get one for her remarkable find. our thanks to elizabeth dob for

that report. wow. since the war on terror began. guantanamo bay housed the worst of the worst. should it stay open or not? i .

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>> hi, everyone. how about the johnathon grubber videos. the white house said there is not a large audience for them. who do you think? do you take an aspirin a day in hopes of preventing a heart attack. you may not want to now. and one student wants to start a christian club at her high school. the school told her that would be illegal. what is up with that all at the top of the hour? >> 13 years since the detention center in guantanamo bay opened

there are 140 detainees are there now. we have seen many released only to rejoin terrorist groups. doweling is a senior legal fellow in the heritage foundation and manager for the program. good to so you. >> you, too, >> the president campaigned on that in may. >> we are at war, when you at war, you detain the enemy for the duration. we added isis to the pile of al-qaeda and taliban and associated forces of people to lawfully detain. unless or until there is a credible alternative for guantanamo it should remain open. >> there is all- time high 800 detainees and hundreds were released and 180 have been

identified as being back on the battlefield to a terrorist organization. 20 or 30 of them joined with isis fighters. so why is the administration in a hurry to clear it out? >> it is perplexing. not only to me, but to the democrats, it was the democrats who owned the house and senate in the first two years of the obama administration and put restrictions on the president himself to spend money to transfer detainees to the united states. they didn't trust him on this. he had a window in which he could have closed gitmo and he decided to peserve his integr y integrity. and congress has passed bills. no federal money can be used to move them in the u.s. and all kinds of conditions on allowing them to return to

a third party count that allows them to leave guantanamo bay. what is behind this? the president talks about humanitarian and it impacts the way we are viewed in the world and the way people respect or not respect the u.s. and insight or don't insight terror because of guantanamo sense to you? >> look, the first bombing happened in 1993. there was no gitmo. the u.s. was bombed in 2000. there was no gitmo. the 9/11 attack happened. there was no gitmo. al qaeda and those aligned with them, isis, are going to hate us no matter what we have. whether we have gitmo, shmitmo or fitmo. the hang in the zip code is not going to change any hatred of us. >> we'll see whether it makes -- he did campaign heavily. always good to see you. thank you. >> you too.

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>> in an effort to bring buildings up to code for earthquake safety. they are calling out property owners who are not in compliance. claudia cowan is live in the city by the bay to explain this one. claudia. >> and, john, stet is doing more than forcing thousands of property owners to make seismic upgrades. it's posting these earthquake warning signs to publicly shame those who haven't. >> with its dire warnings written in multiple languages, the signs are posted in high

risk areas on wood frame apartments with weak first floors. the same type of building that crumbled in the marina district during the 1989 earthquake, killing four. city officials say they don't want to cause panic, but, rather, motivate owners to prove they are or soon will hire an engineer and shore up any entryways, support walls, and foundations found to be vulnerable. as for the cost? >> the average between, say, 60,000 and 130,000 to do a retro fit, and it preserves your building and keeps people from getting injured. i would say that's a pretty good investment. >> critics argue the city is being a bully. >> it's government interference. it's the transfer of wealth. it's requiring less than 1% of the population to pay for the benefit for the rest. >> still, the majority of owners are making the seismic upgrade.

it's whatever upgrades are needed. >> she and other property owners are able to pass the cost of the retro fit on to their -- but because of rebt control, critics say, it would take them years, maybe even decades to recoup that investment. john. >> wow. claudia cowan, thank you. so the 2014 word of the year was just announced. can you guess what it is? well, here's a clue. ♪ health can change in a minute. so cvs health is changing healthcare. making it more accessible and affordable, with over 900 locations for walk-in medical care. and more on the way. minuteclinic. another innovation from cvs health.

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>> here's the word. the oxford dixz dictionary is making its 2014 choice for word of the year. it is base. it comes from a new trend around

e-greats. it's to inhale and exhale the vapour produced by an electronic cigarette or i similar device. >> what will those crazy kids come up with next? >> no vaping. >> thank you for joining us. >> the real story with gretchen carlson starts now. >> three americans have died in israel after one of the worst terror attack there's in recent memory. hi, everyone. i'm gretchen carlson. we are here to bring you the story today. police say two palestinians stormed the upon with guns and even meat clevers. the assailants killing four rabbis and leaving many others injured.