noon. and "happening now" starts right now. have a great weekend. >> republicans fire back at president obama's executive orders on immigration. >> house speaker john boehner said it undermines the law and damages the presidency itself. this is "happening now". >> u.s. fighter jets pound isis once again newly released video shoes terrorist in the cross hairs and reduced to rubble. but is it effective? >> desperation to reach america drives them to the high seas. migration from cuba is in a five- year high. fox news embedded with the coast guard on patrol. >> immigration is a dilly occurrence in florida. >> did you kill on june?

>> yes, the focus shifts to pornography deleted from the victim's xufrment what it could mean for jodi arias and her fate. it is it all "happening now". >> let's get to our top story. president obama on the way to nevada where he will promote his executive orders on immigration. welcome to the second hour of "happening now" on this friday. i am jon scott. >> i am shannon bream in for jenna lee. president the president ordered that the immigrants. the house will not stand idell and let the executive order stand. he gave no hint on what the republicans will do. >> wendall golar is in las

vegas. >> reporter: we are at the high school where the president obama pushed the clock on immigration reform in 2013. he announced the executive order ares in the face of bitter republican opposition and claims of overstepping the authority and threat to sue him or worse. the white house said he will revisit the action. he said criminals not children. and fellopes and not families who have been here for years. and the political and practical side will seal the deal. >> tracking down, rounding up and deporting millions of people is not realistic. anyone who suggests otherwise is not being straight with you. it is also not who we are as americans. after all, most of these immigrants have been here a long

time. and work hard and in tough low- paying jobs and support their families. they worship at our churches. >> the president's speech grew supporters to the white house. president obama hopes anything republicans will do may help his base. >> house speaker john boehner said the president made it impossible for trusting him. and they can't work together on other possibles. >> the president is taking action that he himself said are of a king or emperror and not an american president. americans want nothing more than both parties to focus on solving the biggest problems in our country, starting with our still struggling economy. >> reporter: speaker boehner filed a lawsuit against the

affordable care act and threatening one against the immigration order as well. >> lots of shoes left to drop here. >> charles kraut hammer said the president had a chance to get immigration reform. >> this is an obvious attempt to distract the republicans and enrage them and bait them in to something that will undo the victory on election day. this is a way to make the president relevant and central. >> turning to howard dean and edrollins. both are fox news contributors. general, has the president laid a delicious bait for the republicans they take it at their own peril. >> it depends on their reaction.

it could become that if they overreact by doing something. i don't think they will try to shut down the government or impeach him and things you hear from the party. if they avoid that and put a bill out there and pass it. and there is a bunch of different reactions and challenge it in court and it could get struck down in court if it is unconstitutional. i don't believe it is. it is how does the republican party react to this will determine if they took the bait and ran themselves in a problem or whether they come out showing they can govern. >> ed, do they play it cool. we know that boehner followed through on the lawsuit and it comes on the day after the president's speech. do they play it cool until they take over in january. >> they should do that.

i hope they follow the advice charles gave. what the president has done whether he is constitutional equipped to do part. the court has to step in and say he's not living up to the constitutional doubts. but the important thing for people to understand, it will not make the immigration system better. even with the 5 million not deported, 6 or 7 million has to live under cover. you created a double class and that will not benefit the country in any way shape or form. none of these people will be legal. and you are putting a burred know on on health care. and they will not be able to use medicaid or obama care and schools and communities and states will have additional financial burdens and i expect a suit from the governor of texas and florida to go forth.

the republicans ought to go wait until january. and the senate bill is dead. and everything starts from scratch and go after the things that matter. get the economy moving and tax reform and if immigration gets a bill passed take the time and take a year or two but don't know rushed by the action of the president. >> don't you think that the president as ed talks about the fallout and the ripple affect. you think he runs the risk of what the affordable care act. they were supportive but as people lose policies and premiums out. it sounds great up front to the people who want them, but there are real life consequences that play out in the last few years of his presidency if he follows through. >> it is a temporary thing.

i don't think it will have dire consequences because it is not permanent. the next president can sign it away and congress did supercede it. in that time they are not deported and whatever the congress passes with the new law that affects these people and we move forward. but there are going to be impacts in which a whole bunch of people who are not taking into account are pointing out. >> but there is going to be disappointment and a temporary status quo that congress, this is what the president didn't have the ability to do. to make the permanent changes and grant a path of citizenship. all of those things have to happen and still going to have the problem in the end of two years when the president is gp and someone comes to rewrite it.

>> a good chance for americans to brush up on the constitution. >> the powers of the purse and passing laws for congress and president enforces the law. and the important thing here is that it is not a short term fix. it will take a long-term effort and the republicans should not get distracted but move forward to get the economy started for the americans. >> and the democrats got a shellacing. and joe and ed, always good to see you both. >> there is growing debate on what immigration reform could mean for the economy. and the white house said the americans will benefit from it with gross domestic product expected to increase. and the administration said wages for native workers will increase.3 percent. and republicans and other critics fear reduced wages and

lost jobs particularly in the the technology sector. >> in three days, the storm dumped more than seven feet in the buffalo area. people are struggling to dig out. they are reports of 30 roofs collapsing and they expect more. and the death toll is standing at 13. the nursing home had to be evacuated because the staff noticed the ceiling sagging. flooding is now a major concern. here's more on what we need to know. >> it is the weight on the snow. once they get rain in there it will get heavier. and the roofs that are taxed potentially getting heavier and we could see more roofs collapsing. and big dangers ahead. we have the snow, but coming

from a different direction. it is south of lake erie. it is very cold out there and today is the cold day. and temps at 16 in buffalo. and a change in the pattern. and look at this sunday morning. we'll see rain around buffalo and sunday and monday. this developing system will be windy across the area. we'll see wind on top of the snow and reason and make conditions very, very difficult. we have seven feet of snow and now potentially over an inch of rain on top of that. and that's where we are going to see potential flooding and building collapses. tomorrow, we get above freezing finally. and we are up at frop. monday, look at this eastern seaboard here. a warm day of 60s and 70s. and buffalo 60 degrees and rain

and wind. unfortunately shannon, we are not out of the woods yet. and temps will drop again and that will freeze it again. and we'll freeze that in chucks of ice. if you can get dugout, today is the day to do it. >> thank you, rick. >> good advice. >> a rare thunderstorm in southern california, triggers mud slides around los angeles. >> it hit a home. no one was hurt. the fire crew said wildfireses earlier this year left the ground so bare. >> new calls for calm in ferguson, missouri as the grand jury weighs the fate of the officer who shot michael brown. >> and the u.s. helping in the fight in ukraine against the pro

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right now emotions is running high in ferguson, missouri as the grand jury considers the charges against the police officer that killed michael brown over the summer. the scuffle caught on camera and several people were arrested in the morning protest. attorney general eric holder is calling for peace. >> i ask all of those who seek to lend their voice to important causes and discussions and seek to alivate the vital conversations to do so in the way that respects the gravity of the subject matter. >> holder does not reference ferguson in today's video. we'll follow the situation in missouri and bring you the very latest as it comes in. >> new information in the crisis in ukraine. pentagon delivering equipment to locate the origin of incoming

mortar attacks. vice-president biden is personally traveling to ukraine and handing it over. jennifer it is live from the pentagon. >> reporter: the administration is shifting gears in ukraine. they are providing defensive lethal assistance to ukraine to counter the russian backed separatist. vice-president biden brought with them lcm r systems, part of 20 promiseed to ukrainians who urged washington to provide them with weapons! we have seen more provocative action and disagreed for the agreement signed by russia. and so long as that continues, russia will face rising costs and greater isolation.

>> steve warren announced the delivery. they detect the point of origin of incoming mort arrounds and counter the fire and sending ground forces to the right location. this follows testimony this week for the new deputy secretary of state tony blinken. that being make the russians to think twice and deter them including with defensive lethal equipment. it is something we should look at. the pentagon provided 118 million in nonlethal aid. but included radios and body armor and first aid. the white house feared that providing lethal aid would be a proxy war. and now the administration is signaling vladimar putin that

his venturism must stop. >> jennifer, thank you. >> the pentagon releasing new video of war planes pounding isis target. hear what our next guest say about. that >> police are on the look out for packages mailed from the florida university shooter hoping to get a clue to his motive. >> he asked for our information because he was sending a manifesto or what he was sending. what we hope is why he choose to do this. art health. heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol. major: i'm feeling energized already.

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after a man opened fire. there he hit and wounded three students before police shot and killed him. now the investigators say myron may dropped several packages in the mail before the rampage and sent messages to friends to watch for the packages. they have videos and journals that indicate that the suspect thought he was watched and targeted by the government and posted links on the facebook about government spying. >> pentagon posted five videos of bombs hitting tunnels and bunker ares in iraq. are they impacting the terrorist who control large sections of iraq and syria joining us now a man with vast experience lawsuit bill cowan. he is a founding member of the

intelligence support activity and pentagon classified special mission unit. and a fox military analyst. the destruction of isil targets further limits the terrorist group's ability to project power and contact operations, are sounds good, doesn't it? >> sounds good, jon, and wish it was so. isis is continuing to consolidate and achieve gains in the areas they are working hard on. and indeed, the iraqi army had success against them, but it is rather limited. i talked to a friend in irbil and kurdisstan who said it is worse than we see in the news. >> isis is having success against the kurds. >> the kurds have not received

ammunition and the things they got are old weapons and the ammunition doesn't fit and they don't have enough to do counter battery type operations and going to be offensive against isil and they are watching from the front lines while isis is digging trenches and bunkers and reenforces themselves with people and ammunition. i love to see what we can do in air power. but in the height of the iraq war we ran 800 strike and the latest number is like 25 strikes a day. we are a long way from engaging isis and changing the dynamics of the battlefield. >> the resolve is not living up to its name? >> i don't think it is it, jon. and i don't take anything away from the men and women who are participating. the military would like to be

more engamed. it would be a 30 year war if we don't get ourselves and doing things. the iraqi army and kurds and training only 12 brigades. and we don't know where the free syrian army stands. the kurds are in the game as long as it involves kurdistan. and the shiite militia is problem because they are shietits want and the sunnis don't like. it and the shiits are engaging against the sunnis that are not part of isis. we have a long way to go before we have a real impact again, not taking away from the men and women over there. they are not engaged in a matter that is effective as we need it to be.

>> as you know, barak obama got elected in large part because of americans tired of the decades of war. what do you say to americans when they see it so far away? >> we are all tired of war. i am tired of war. my son made five trips over there and i don't want him to go back and i don't want others sons and daughters to go back. but you have to look at what isis represents to the united states in terms of a threat. isis is committed to attacking the united states. they would be here sooner than later. they are going to come and the best we can do is minimize their ability to do. that degrade and destroy. >> you think there will be a terrorist at the hands of isis? >> i don't think there is any question about it what so ever. and right now, they are in the

planning stages. they may be too busy continuing to figure out how to best fight against the u.s. air power and iraqi army and kurds. they have it on their plans to come to the the united states at some point and when they decide to do it, i don't think they will have trouble smuggling material or supplies to carry out an attack. there is plenty of things they could be doing in the united states and in all likelihood will. >> ominous thoughts. >> johnathon gruber calling the american people stupid. the story almost didn't come out at all. because the man who uncovered the information couldn't get anyone in the information to

lesson. >> and immigration is not just a problem on the mexican board. phil keating is in key west, florida. >> reporter: shannon, unlike all other immigrants, cubans have the wet foot, dry foot policy after the mass migration from cub a. we found out crossing the 90 miles from cuba to key west to the florida keys is far from easy. that's coming up

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>> thousands of cubans looking for the american dream attempting the 90 mile journey cross the ocean. the coast guard intercepted 4000 ra fteres this year alone. phil keating joins us in key west with the story. >> hi, shannon. here in key west we are 90 miles from cub a. past 25 years, cuban immigration policy is special. wet foot, dry foot you can stay. today on the imcommunist island it is so terrible it makes crossing the 90 miles of ocean more and more tempting. >> reporter: regular patrols of

the coast guard routinely rescue migrants at sea desperate for food and water. >> migration is at a five year high and up 40 percent over last year. and cubans cram on homemade boats and floating on ra fts. >> it is easy to empathize with the migrants. >> when they brought these four on floor. engine was broke ep and floating helplessly three days. and now in miami. alberto made it by ra ft on the ninth attempt. >> in cuba you go to bed worried. next day reality is what are you going to eat or do?

>> reporter: 90 miles may sound tempting but having bounced on the cutter, it make its clear how perilous and dangerous it is on the homemade boats and ra fts they are using to make it to florida. and the number of cubans that is lost at sea is unknown. >> it is amazing they take that chance. that said a lot about what they are trying to escape. thank you. >> right now secretary of state john kerry in vienna and continuing the final round of negotiations with iraq to curb the nuclear program. secretary kerry was supposed to have left the talks for paris. and the deadline to reach a deal is monday. greg is live in london keeping an eye on that. >> reporter: yeah, john, it is down to the wire time and the

west attempting to reign in the nuclear program of iran and a lot of talk and not much action. as we speak secretary of state kerry is conferring with iranian foreign minister and a representative of the european union. both kerry and a rift were to leave today. kerry said we are working away. this is what the uk foreign minister had to say. >> we have had a series of useful discussion and it is a commroeks issue and significant gap between the parties. >> reporter: significant gap indeed. the main talking point how much nuclear capacity will the west allow iran and how much inspection will iran allow the west. it is all about preventing iran

from getting a nuclear bomb. iran claims that the nuclear program is peaceful. and the big incentive for iran is to get the west to lift the sanctions. the incentive for the obama administration is obvious. they would love to get some kind of foreign policy win under their belts. even secretary kerry said the u.s. wants a deal but not a bad deal. >> the latest word that we are getting the talks will continue through the weekend and the the consensus of analyst we spoke to came to this opinion, that there will not be a deal. some kind of face- saving announcement and then the decision to talk some more. back to you. >> all right. greg, thank you. >> the refalation that obama care architect johnathon grubber said the health care law passed

because americans are stupid initially made headlines and still the story is ignored by the mainstream media. the man who discovered grubber's comments said it took a long time for anyone in the media to pay attention. i understand that you talked to the gentlemen who spent time and effort on a mission sort of to uncover these comments? >> it is a fascinating tale. a philadelphia investment advisor who was ticked off because he lost his own health insurance policy and he scoured the net and found the johnathon grubber video and used facebook and phone calls to get any news organization to pay attention. trying fox, and national review and glenn beck. and network affiliate in philadelphia, no one would call him back.

>> he wouldn't have had these options to pour but use social media to get it out there shoes you how much the world is changing when one gay tracks it down and breaks it through. >> we live in a year of citizen journalism. if anyone uncovers evidence and videos can break through. he was frustrated. all i wanted was a train ticket to dc and autograph picture of people he sees on tv. no media organization can afford to have a reporter looking for a needle in a haystack. who knew the academic conferences that johnathon grouber was talking about how obama care was deceptively packaged. it took a while to get the story out. >> if you don't know there is a needle to look for.

he was so motivated because of the negative impact on him and now that it is it heating up, he's staying out of the limelight and saying it is about something bigger and not him. >> we don't have a picture of him to show you. i have an audio recording. i asked him why? he said i will be a political target and people will dump on me. he's not a journalist and he is a citizen that came up with an important element of the obama care debate. >> even though the media has yet to join the party. what dow have on sunday? >> thank you for{. cheryl is on the program on sunday. and we'll talk to sarah lacy

techie in the ubber. and digging in journalist private lives including sarah lacy. >> that is frightening. and we'll see you on sunday, howard, thanks. >> and a new twist in the murder trial of jodi arias. what difference could the evidence make? >> and new details on the shooter behind the sandy hook school massacre two years ago. and warning signs that investigators say were missed. people with type 2 diabetes

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>> hi, everyone. i am heather childers in for gretchen carlson. johnathon grubber video he said "it is awesome in its evilness. ". what is he talking about?

flood worries in buffalo. have you heard of thunder snow? . sounds like thunder to me. a new threat to western new york. and one student crediting god and this book for saving his life from the shooter who went on the rampage in florida state university. his unbelievable story and more in the top of the hour. >> new report on the connecticut school shooting reports that the school missed the problems adam was having. lanza killed his mother and shot his way in sandy hook elementerary school and gunned down 20 small children and six educators. the report wants better training on teachers on mental health.

>> and the trial on jody arias is focusing on pornography that may have been on the victim's computer. who supposedly deleted files from travis alexander's hard drive and whether it is relevant upon at this point. we'll go to a prosecutor and fox news legal analyst. fred, this is the victim's computer and no longer alive. and what does it matter if there was porn on the computer or not. >> when i looked at the case. i never thought it was a death penalty case. it was a crime motivated by passion. when i see her do stuff like. this it was okay for her to slaughter the guy because he was looking at porn on his computer. it is outrageous. the characterization of a victim

i mitigating factor in the murder case? >> if i may. >> you still would. >> you contradicted yourself only with great love and affection, you believe he doesn't deserve the death penalty. i think this adds to the narrative and she saw him looking at pornography and he cheated on her and ignited her passion. and she slit his death and stabbed or whatever she did on him. it is a passionate aspect of the defense. >> you see that that's got got nothing to do whether the character of the the victim is a mitigating factor of the case. that's why he's so good. why can this woman introduce the evidence that shoes it was okay

it was okay to kill the victim. >> you said she shouldn't get the death penalty why? >> i work in the system and i know that it is a great system but far from perfect. and i am not the an advocate of the death penalty. i don't think we are so depend we get it right. >> in this case that is her wish. let's face it, she loves the limb light. she was on the stand longer than any defendant i heard of. 17 or 18 days. she was on week after week. and so if she gets sentenceed to death, it will be years before she would be executed and she would be giving the greatest introduce. where as she gets life without parole. >> they could let her out after 25 years. >> not a light sentence.

>> and in this case twould be a tra vesty of justice. >> look at another case that is in the news over the last year, florida polo mogul. john goodman is to be resentenced today. he was convicted in the death of a young man he smashed into with his bentley. the other guy a car went in a canal and the 23-year-old driver drowned. goodman tried to adopt his girlfriend as his own and that was shot down by the courts and the jury convicted him on two counts and there is confusion on over whether he can be sentenced to both charges, is you explain that? >> in the first trial, the state dropped the vehiclear homicide charges. and they reenstated the charges and he was tried on vehiclear homicide and killing a guy while

intoxicated and leaving the scene of a crime. what do you do with the other charge? under the law you are only supposed to go up on >> so you just capital kind of leave that charge hanging out there. >> could this -- >> what happens, john, is if the judge dismisses one of the two counts, okay so, that count is now dismissed, and now there's only one count that's hanging out there that he gets sentenced to, and that goes on appeal, and the appeals court finds that something was done so horribly wrong that they dismissed that charge. now is he scot free. haez nothing hanging over his head. the judge -- the trial court judge is trying to have it both ways. is he trying to apply the law the way is he supposed to, but still keep this guy on the hook if the appeals court throws his case out. it's very legally interesting. it's a little deep in the weeds, but it's legally interesting. he is facing 11 years as a minimum 16 as a maximum.

>> it's illegal to volunteer in california. at least for certain businesses. in a statewide crackdown on volunteers putting some locally owned businesses out of business. and a warning. every parent needs to hear this on the recall of a popular stroller. it's caused serious injuries. mhere's our new trainer! ensure active heart health. heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol.

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>> graco recalls nearly 5 million strollers after finger tip amputation. it's the models between august of 2000 and september of this year. the consumer product safety commission says the child's finger kz get caught in the folding hinge on the sides of the strollers. parents should contact graco for a free repair kit. >> volunteering just got a whole lot harder in california.

the estate is cracking down on certain businesses that use volunteers. small business owners are calling it a death flow. claudia cowan calling from yous castro valley, california. now being forced to sleaze its doors after 30 years. what's this all about? >> shannon, that's right. you know, before state officials stepped in, everyone here was happy. the workers loved volunteering, and the owner really enjoyed sharing his knowledge of the wine industry. but in the eyes of california the whole arrangement was criminal. >> reporter: for years ken volunteered at westover winery in castro valley eager to assist the owner in exchange for a hands to learn about the industry where. retired and well oof, he was never interested in getting paid. >> i'm not a young kid he is taking advantage of. i'm doing this because that's what i want to do. >> that's illegal said the labor commissioner. in a statement to fox saying ken and 19 other volunteers were helping to operate the business, and none of them covered by

workers compensation are paid for their work. >> have you been here before? >> he was ordered to fork over $130,000 for three years of back wages and fines. >> i'm actually outraged. i'm outraged that adults in a free society cannot make adult decision about what they want to do with their free time. >> most people agree workers comp is needed to insure employees that get hurt on the job and protect owners from getting sued, but some wonder if workplace inspectors understand the value of giving first time offenders a grace period too fix the problem. >> i wish the state would have soom to me, explained exactly what the law was and said, here, we're giving you a cease and desist order. we're letting you get legal, and we're going to let you go on your business. >> instead he says this experience has cost him ten years of profits, and he has decided close shop at the end of the year. shannon, at a time when california is looking to encourage small entrepreneurs, critics charge a case like this is just bad business.

>> a lot of folks would agree. thanks, claudia. >> only in california. in western new york people are trying to dig out after days of snow, but with so many roads closed, there are fears about roof collapses and new concerns about what happens when all that snow starts melting. >>

. >> we again with a fox news alert. buffalo buried in snow. the death toll rising as the risk increases by the minute for even more roof collapses. hi, everyone. i'm heather childers in for gretchen carlson, and this is "the real story." well, that lake-effect storm dumping foot after foot of snow for three days, and now more rough weather is on the way. heavy rain raising flooding concerns this weekend, possibly adding to the rob. here's what's going on right now. at least 30 major roof