warm winters. but then they're talking snow and 30 degrees on wednesday, the day before thanksgiving. heather: and could effect a lot of people's travel. we hope not. jon: we'll see you back here in an hour. heather: "outnumbered" starts right now. ♪ ♪ >> this is "outnumbered," i'm andrea tan tantaros, and here wh us today, harris falkler, ainsleyer hart and today's hashtag one lucky guy, bo dietl, and he is "outnumbered." >> yes. >> hey. >> welcome back. >> i'll take the oath. >> so much more than a detective. you're an international man of mystery, you're an actor, you star in commercials. what am i missing here? >> well, we're producing a big series for hbo. >> congratulations. >> nice. >> and wolf of wall street. i do run a bunch of businesses too. >> wow. >> entrepreneur. >> investigation business,

security technology. >> and i met your beautiful wife recently, so you are a dedicated husband -- >> with wait a minute, wait a minute. >> fiancee. >> yes. >> oh, did i upgrade her already? >> you did. [laughter] >> well, congrats. >> you are very lucky. she's beautiful. and you use your real name in the movie, i like that. >> yeah. you've bot to remember i go all over the cup s and they come up to -- the country, they come up to me, you're the arby's guy. >> defense secretary chuck hagel is stepping down. the first senior white house staffer to go in the wake of democrats' heavy midterm losses, and president obama announcing secretary hagel's resignation less than an hour ago at the white house. hagel's departure comes after the president's embattled national security team has taken a lot of heat for many months over a series of foreign policy crisis including the rise of

isis. >> last month chuck came to me to discuss the final quarter of my presidency and determined that having guided the department through this transition, it was an appropriate time for him to complete his service. >> the president thanking secretary hagel for agreeing to stay on until his successor is confirmed. no word yet when the president will nominate his next pentagon chief. all right, bo, does this come as a surprise to you? i mean, we've heard the reports, and general jack keane has been on our couch talking about the disconnect and the massive tension between the dod and the white house, especially in the wake of the rise of isis. they've not been on the same page. the president has seemingly thrown the dod under the bus before when it comes to not having a plan on isis, so there's been a lot of back and forth there. it seems like now he culled the only republican in his cabinet. why? >> you know what? you have a military man that has given his whole life to the

military. when the people in the pentagon speak, they're talking from experience. you've got these people running the white house now, they're yes people for the president. now the president comes out, we will not have any ground troops. well, you know, things have changed. people getting their heads cut out by the tens, by the dozens, and now we have a real, real threat there that we have to deal. so it reminds me of no new taxes. but if it comes to a point where you have to do it, you go to the american public and say, i was wrong. problem with our president, he never can admit when he's wrong. membered go on -- he should go on tv and say i was wrong about isis, and he should make friends with the russian premier over there, putin. putting it over there. [laughter] look at chechnya, remember? they had the problem in russia, and that problem's going to come to russia too. they should meet together, have some of that vodka and whatever they eat and drink and say, you

know what? let's wipe this isis thing out. >> let's get back to hagel, harris. when he came onboard, immediately a lot of people were skeptical. a republican, albeit a liberal republican. i assumed he was poised to make some real cuts at the dod. so why not have those cuts done under a republican that he could eventually throw under the bus the if he needs to? >> well, there's a complicating factor, and that is the isis terror army and really the divide between the president calling them the jv team and chuck hagel coming out, you know, not too far after and saying, no, these guys, you f you've got to -- you've got to pay attention to them. considering the fact that analysts are are accusing the administration of being behind the ball, to have that divide is really complicated. i think it's interesting when you look at how much we are militarily committed around the world, yet a new war starting, that you're looking at your third defense secretary in the presidency of barack obama. and really i think, you know,

with our own reporting here at fox news whether he quit or he was fired, i think there's some importance to that, that we've been able to confirm through our own sources that he was let go. and that's important. because when you look at how many things have gone wrong during this administration, people breaking into the white house, i mean, hearing people being fired is fairly rare -- [inaudible conversations] >> you know how many cruise missiles they're down to? our military so depleted with the amount of manpower, we have one battle group, one aircraft carrier there -- >> and now they're talking about cutting defense even more when they're spending $2 trillion to keep illegals here in the country? >> ridiculous. >> here's the thick, i'm not quite -- the thing, i'm not quite sure, he might have quit. and maybe that makes sense being a republican, a liberal republican maybe, but maybe he doesn't agree with the president's stance on isis because he has said it is very important, this group is dangerous, and the president was saying, no, not as much. jv team.

>> we're hearing, jedediah, that the president did let hagel go behind the scenes, and, i mean, to harris' point, we've seen lois lerner not get fired, all of these people -- >> yes. it's very rare for anybody to lose their job. >> except for the one republican which tells me as well he's not willing to work with republicans for his lame duck -- >> i think he's trying to, yeah, i think he's trying to make it look like he's fixing something. like all of the things that have gone wrong, let's face it, his foreign policy has not beener terribly successful. i think this is his way of saying it was his fault, and now he's going to go, and this is my opportunity to fix everything. the problem is that the real problem is barack obama. so a lot of those directions are coming from him. so no matter who he hires, he's at the top of the pyramid here, and until you get rid of the top of the pyramid if that's the problem, nothing's going to change. >> here's my question, if you're a general, do you want this job? >> no. [laughter] >> i don't understand how you're going to put someone in that

position when you're drawing down the dod and the military to do their job -- >> and by the time they learn it, it's going to be too late. >> we're going to move on to something else that's developing today, ferguson, missouri, and the nation on edge. we are waiting for that grand jury's decision in the police shooting death of a young black man by a why is police officer. barricades now up at the county courthouse, that's clayton, missouri, where that grand jury is meeting for a second time since friday. the entire city of ferguson is bracing for more violence, we're hoping not. whatever the outcome, it's possible. all this as national leaders from president obama on down are urging everybody to stay calm when the decision does finally come and become public. the central issue for the grand jury made up of 12 citizens -- 9 white, 3 black -- is whether to charge police officer darren wilson for shooting michael brown who did not have a gun on him at the time. let's start with you, bo, because, i mean, in terms of securing the situation there, what are your concerns? i mean, no matter how this

shakes out, there are a lot of people who are in the streets who are there for something completely different than the outcome of this. >> i'm glad that i saw the eyes on top of this. they arrested two of these new -- they brought them out of the back of the closet, and they arrested them with pipe bombs that they were going to use when the verdict comes down. they arrested them with pipe bombs. now, that's something that's there. in the colleges around there in st. louis, they actually have fliers about a bounty on this officer, to take this officer out for $5,000. that's a conspiracy. the justice department should be following up on all these threats. and i really believe that this is something that is so important. now, there was a precedent set. remember when the last part of the riots in the summer were? all of a sudden the governor put the state trooper head in charge of the policing there. in reality it should be that local chief of police there. that's his area, and he should be the one in charge of that.

>> you know, i'm curious to get everybody's response to this. mayor, former mayor of new york giuliani made some commentings. let's pop those up on the screen if we can, and we can talk a little bit about this. um, giuliani on sunday said that the energy and money spent in this case of the white police officer who shot michael brown would be better spent addressing this country's problem of black-on-black crime. he addressed it this morning on "fox & friends." watch. >> danger to a black child in america is not a white police officer. that's going to happen less than 1% of the time. the danger to a black child, if it was my child, the danger is another black. 93% of the times they're going to be killed by another black. blacks are basically killing other blacks, and these people are spending millions and millions of dollars demonstrating -- they have every right to do it. why don't they spend an equal amount of time trying to straighten out that horrendous crime problem that exists? >> i'll tell you, there are a number of people in the black community who agree with him. yeah.

and i'm curious though, you know, because things are political and timing is everything. andrea, what would you say to the mayor at this point? >> i think that the mayor is right on, rudy giuliani, with his comment. and we're not just assuming this. a number of people in the black community don't just agree with this because they feel this way, the facts back that up. and the issue in new york is the best evidence. i mean, if you look at ray kelly, he wrote an editorial when mayor de blasio was trying to get rid of stop and frisk arguing that the majority of crimes, harris, that are committed are committed blacks on black in new york and that all of these cities need to be mindful of those types of crimes instead of things like this which are important, but they can be big distractions, and they can be politicized, and ferguson certainly has. >> you know, the numbers speak for themselves. i've fought for any kind of a race. i worked in all of the black commitments in new york, and -- communities in new york, and i've picked up children that were shot, black on black crimes and people that were shot. the fact of the matter is 93% is

black-on-black crime, yes. also 98% of all the gun assaults in new york is black and hispanic. you can't take away from the numbers. these are not make believe numbers. this is the facts. so in reality that's the communities that young children are being killed, and it's anything with that tragedy with the child which was shot by this man loading his gun. as far as what happened with that officer going down the stairs with that gun going off, his finger should not have been on the trigger there. and i'm not going to second guess it, but you want to know something? this is not a racial thing. he couldn't even say who it was, so it wasn't a racial assault. >> a lot of the people watching this right now may be familiar with that story, i know it's more local, and you're very emotional about this. we appreciate you sharing your thoughts on this. this story is going to break at some point, and when it does, we'll break in with the news

regarding ferguson, missouri. for now though, president obama may not be so alone with his go it alone governance. how his policies could be sinking hillary clinton's 2016 presidential ship even before it sails. of course, he did say we need somebody with new car smell. that can't help. [laughter] and we know the obamacare architect, as they call him, jonathan gruber, likes to talk a lot. but just how comfortable would he be testifying under oath before congress? andrea and i said this very thing might be coming, and now it is to a capitol hill near us. why we may soon find out what he has to say. s class! here'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. major: i'm feeling energized already. avo: new delicious ensure active heart health supports your heart

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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. ♪ ♪ >> welcome back to "outnumbered." well, president obama defeated hillary clinton for the democratic presidential nomination in 2008, and he might just do it again in 2016. a recent op-ed in the wall street journal suggesting the political fallout from president obama's widely unpopular policies might stop hillary clinton's 2016 presidential bid before it starts. in his first interview since his controversial immigration announcement, the president appeared to understand that the 2016 nominee would have to differentiate themselves politically. >> i think the american people, you know, they're going to want that new car smell. [laughter] you know, they want to drive

something off the lot that doesn't have as much mileage as me. >> ah, the op-ed in the "wall street journal" reading in part, quote: mrs. clinton is already struggling to forge an independent identity without disowning the president. it will be almost impossible to directly oppose him over the next two years, though she will certainly continue to try to distance herself from mr. obama as she did during her summer book tour. but if the president continues to lose the support of democrats and moderates as mrs. clinton has, she might have no alternative but to shelve her presidential nominations. pretty tough talk, harris. harris, this new car smell, i have to get back to that. i mean, poor choice of words, but is he dissing hillary clinton? is he making room for maybe an elizabeth warren? like what iow, is it possible he was talking about her with the fact of new car smell? [laughter] okay, i could almost see that except for the fact the sentence went on to say someone who has fewer miles than i do.

that would not be hillary clinton. she would be the car in the garage with a lot of miles on it in terms of experience and in terms of exposure to washington, i would think. and you're laughing. i mean, while politically we talk about throwing people under the bus, i just don't think you want to talk about candidates in terms of their -- >> miles on their odometer? >> comparing them to vehicles. >> who wants to take a ride in that old beater? [laughter] >> i was surprised that he put himself down a lot, he said there are a lot of dings in his car -- >> i think it was a compliment, was it a compliment to hillary? >> said he's old, basically, he's got some miles on him. >> was that a compliment to hillary? i don't think so. >> i don't think so either. >> you know, bo, i want to ask you, though, because when we look at exit polling with respect to hillary clinton, it's not good. only 43% of people that were polled were saying that hillary clinton would make a good president. is she just in trouble? she doesn't even need him to do that. >> you know what? you're wrong. this is a woman who is poor. she's poor. [laughter] and she told us about it.

and then all of a sudden she forgets all these things that's going on. she was the secretary of state, but, duh, she forgot about -- the roosters what grow call it, are going to have to come home. when she runs -- >> the chickens come home to roost. we got it. >> in reality, she's going to run on her own there, and she doesn't have too much to run on. as far as i'm concerned, this has been a disaster president. he pushed through a health care bill that was the most ridiculous thing in the world, and then he's blaming the republicans. you had the republican congress and senate for two years, why didn't you pass your immigration law then? you know why? because he didn't know what he was doing. >> be careful talking about chickens and chicks around the clintons -- [laughter] >> bill would like to be here, i tell ya. >> that was a total dig. >> do you think she will run? honestly? >> yeah, what do you think? >> based on what just happened? >> i think she's been thinking about, i do, but she's been on the national stage for so long,

and i do think that's a problem. i do think that's why president obama laughed when he said it -- >> so you really think he was talking about here. >> i do. how can that comment help her? now someone like hillary who's a professional victim would say he called me old, like nancy pelosi. [laughter] but she has been around for a while, and her problem isn't that she's been around that long, it's that she doesn't have a lot of accomplishments behind her name, and when she tries to go out there like she did on her book tour -- >> i'm not sure she's going to run, because i think she's going to look at what happened a few weeks ago and say america wants a conservative, they want a republican. and i don't think she wants to go into this knowing she could lose. >> didn't she start back in '93 -- >> hillarycare. >> right. >> another big question is whether she can distance herself from the administration. she was part of the administration, so how do you go out there criticizing an administration that you were part of? >> well, it didn't work for democrats. >> it looks like president obama may have a lot of trouble by

going it alone on immigration. what growing resistance means for the rest of his second term agenda. plus, the obamacare architect caught in video after sid owe bragging about -- video bragging about how the ignorance of americans helped get the law passed. now he's been called to testify on capitol hill. will americans get the answers they deserve? i hope so. i have a cold.

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due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. ♪ ♪ >> you are watching "outnumbered," and we are glad that you are. new fallout for president obama now that he's chosen to go it alone on immigration. among his growing ranks of critics, republican senator ted cruz of texas who says mr. obama's actions is not just illegal, but it sets a troubling precedent. >> if the president has the ability to announce i'm not going to enforce federal immigration laws because i disagree with them, the president has the same power to say i'm not going to enforce tax laws, labor laws or environmental laws, that's dangerous. that's why we have a

constitution. >> "the wall street journal" writes, quote: >> so further dividing washington? i can't imagine that, jedediah. >> especially from the guy who keeps talking about compromise and coming together. his version of compromise is do what i want, pass a bill that i like, and then i'll be agreeable to it. it's utterly ridiculous. >> like a 5-year-old. >> some of these states, including new york, have proposals where we have to give health care. we also have to put 250,000 more students that don't speak english into our city classrooms, and i know someone who's a stool teacher, and they have -- schoolteacher, and they have like 34 children in the class now, and half of them don't speak english. and then to say that the teacher's not teaching properly,

maybe the kids are not understanding. and the problem here is we should be able to wait and do it right. not like health care. we should do it right with immigration. >> yeah. well, unfortunately, it's already done because his executive order happened. >> i know we probably have all seen this, i don't know if our viewers have, but on snl there was kind of a commentary on how they see the president may feel about taking executive action. watch. ♪ then i wind up on the president's desk, and i -- [laughter] >> oh, oh! oh, my leg. [laughter] they were made of paper. >> president obama, what's the big idea? that bill was trying to become a law. >> i realize that. but you know, son, actually even an easier way to get things dope around here. it's called an executive order. ♪ i'm an executive order, and i pretty much just happened.

>> so, iowans lee, i know you're chuckling, but, i mean, first of all, presidents do this sort of thing. executive orders and actions, they're not exactly the same thing, but they take these steps, okay? so it's not out of the ordinary, but it's been the subject matter that the -- >> well, this is what we said in my house when we were watching that saturday night, we said it's interesting that saturday night live has gone this direction. were you all surprised by that? usually the mainstream media is on the president's side, and even saturday night live, even the mainstream media is going against him now or making fun of his foils and the way -- his policies. i looked at some of the numbers. let me tell you how expensive this is, the immigration reform. $2 trillion which is 30 cents every time you fill up your car, 30 cents added to every gallon of gas, $10 added to your cell phone each month and $22,000 added to every american graduate's four-year college -- >> let me ask you something, are you laughing? is it funny?

is that a real knee slapper? >> that's our money. >> that's the problem with saturday night live. they're very, very funny, but what an executive order does under this scope which is not like w.'s father and ronald reagan is not very funny. bo talks about the cost incurred of people enrolling in medicaid, 432% of -- 42% of them are illegal aliens. american kids, american jobs that are all going to be taken by this. and by the way, it's really not constitutional, what he's doing -- >> well -- >> so people sit around and laugh, but it's really not funny, and when saturday night live makes light of it, people don't take it seriously. >> we had veterans day two weeks ago. i had senate mccain on imus with me, and i said, senator, why don't we put a bill for veterans care where they can go to any hospital instead of these stupid hospitals where they say sit over there, and they're

disrespected. how about vets care and let 'em go to any hospitals? shut down those stupid hospitals that are -- >> we talked about it on the couch. >> i think it brings up a key point which is what andrea's saying, do people care about this overreach? in mien opinion, it's not constitutional, do people care or is it a big joke? they say, you know what, this is what presidents do. i think it's good, ainsley, as you were saying that main street media is laughing at it, but it isn't funny. this is crazy when there's no pre-existing law for what he just did. he just abused policy. >> the president says when a republican president comes into office, okay, i'm going to do things and the liberals start howling, then we're going to see. well, we could soon see the embattled obamacare architect on capitol hill, confirming today whether he'll appear next month to testify on the alleged deceptions on passing the health care law.

congressman darrell issa sending the mit economist a letter requesting he appear on december 9th, a request also to cms administrator marilyn tavenner. the chairman saying, quote: >> gruber triggered a firestorm afe was caught on cam that at -- caa at least six times saying the stupidity of the american voter helped in passing the the controversial law. and now lawmakers want answers. all right, harris, if i am sitting at that committee -- >> oh, i know what i want to ask. >> i ask if i'm darrell issa, i say your name is jonathan gruber? yes. you play the video. is that you in this video? yes. is that you in this video saying that you deliberately wrote the

law so that states had to set up the exchanges to get subsidies? yes. no further questions, and let the supreme court -- >> and harris, would you like to stand up and -- >> harris, what are you doing here? [laughter] >> oh, there's harris. all right, so i would want to know, mr. gruber, based on what you've told us about what sounds like fraud, duping the people with not telling them everything they needed to know to make a good decision about contacting their local lawmakers and so on and trying to fight this thing earnestly, do you think that you owe and the that the governor owes taxpayers the money back that they spent on you? >> i've got a better one. >> $1.6 million from the administration and per the state-- >> i've got a better one. >> what's your question? >> detective bo dietl will say, come here, gruber, one question: how many times were you in the white house with the president? oh,11 times. did you discuss obamacare with him? because the president went on like this, i never met the guy. [laughter] >> he said he wasn't on the

payroll, which was disingenuous because he had a contract with the administration. >> did you ever meet president obama face to face? >> do you know when he was last there? the day before he was -- the day before the president was set to meet with democrats who were not onboard with obamacare, jonathan gruber was with a grape of very small -- a group of very small, chosen special economists at the white house. >> these hearings, jedediah, they get lost in the shuffle. you just asked are people paying attention? a lot of times they're not watching these hearings on c-span. the only question that could unravel the bill is to get him to admit that he deliberately wrote that law the way so that the supreme court has some evidence and the administration's lawyers have to change their brief, and then the whole law falls apart. >> exactly right. i hope everyone is listening right now, that is absolutely the right question to ask. i think they're afraid though, i >> i think the obama administration is afraid because this guy will want to talk.

i see this guy fixing his tie, fixing the powder. he likes the spotlight on him. [inaudible conversations] >> the tapes speak for themselves. you're right. all you have to do is play those tapes in front of a grand jury. done. he is guilty as charged. he's lying, he says on those tapes if you watch them all, he's telling you to deceive the american people, to be surreptitious. he's telling you to lie to the american people because if you don't, it's never going to pass. >> not saying americans are stupid, they talk about how the law was crafted.

the exchange in the subsidies. if it was written specifically that way, the court can say the law stands the way it is. it was not a drafting error. >> already looking at the subsidies. >> hold them accountable. >> new development the irs targeting scandal. thousands of lois lerner's e-mails thought to be lost forever are found. plus, election in dealing with the police. but the cops did not get to teach it. so is it fair? ♪ g idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know.

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♪ >> as we await a grand jury decision in the deadly police shooting of brown and ferguson, there has been a class taught to high school students in new york city raising some eyebrows be at call it cops 101. one school principal allowed the civil union to give a two day training session to students on

what to do if they are stopped by police. each student getting a pamphlet with instructions telling them to stay calm and in control, not to run or resist explaining their rights that they don't have to show their id or consent to search his but some say it pains police in light and cops should be able to give their side too be at is this potentially creating more tension right off the bat between police and the people they may think are suspicious of something? >> first get rid of stop and frith, and then consensual signature thing. look at summar somebody who fita description. i say i would like to search you, we just had a shooting, well, don't want to let you search me. you could have got a gun and kill the cup. this is ridiculous. we have to do it we have always done, respect the uniform. i tell everyone a cop in uniform is always right. you have the opportunities if

you think he did something, go to civilian complaint review form. respect the man in uniform. you have anarchy. you will not have anybody doing their jobs anymore. my problem with this when they teach in school it comes to cell phone cameras you can search them, can't do this, what do you want to be a cop for? >> what about those who say these kids don't know the proper way to act, we are just instructing them what to do, what not to do, some tips that might help you ease the tension that might arise. >> i don't have to play devils advocate just to look at the perspectives because you do want children to get that respect and be prepared and want them also not to be confrontational if it is going to be inappropriate in that moment. so some we have to teach kids that. i can understand how this conversation can happen. where it gets a little fuzzy on me is teaching the child not respect authority by saying you can opt out of all sort of

things, don't think you can do that unless you are an adult. if you are teaching young kids, tell them they can't do this and the police officer can't search you, little confused of the mixed messages about authority. but there are some people who do mean harm and they happen to be in uniform. you're not going to get perfect people across the board. >> you call 911 and you want the cops to respond, he wants them to do their job. my problem with this is it comes down to one thing. if there are bad apples, get rid of them, but the police department is our line of defense for our life. >> does it really work for that? >> i'm a retired detective, my son was pulled over it would not tell them his dad was a retired detective. he said it wouldn't help. i said we respectful?

the important thing is respect. >> isn't there a way to do this without making the cops the bad guys? you don't have to paint law enforcement as bad right off the bat. maybe invite the cops int in too the training? >> yeah, i like that. >> show the cops are your friend. this is not the cops doing the teaching, they are bringing the civil liberties union into do this and a lot of this stuff is good. they're saying what to do, take your hands out of your pocket, be polite. however, if you go further into some of these pamphlets, they depict officers as the bad guys and it sounds to me like they are teaching them how to sue, how to open up the doors for a lot of different lawsuits. >> we pick up the paper every day with a lawsuit in new york city of people getting money because the cops did

something. now it is a game, let's through the cops. >> if you want to just ask nicely, do you have the consent or the ability to search me, what is the law? you can say anything, it is all in how you say it. that unfortunately is not taught as much as it should be. from blizzard conditions to flood warnings for a city buried under 7 feet of snow, as temperatures rise in the record-breaking snowfall starts melting. some restaurants are facing steep fines. and posting job ads for waitress, so what is the problem? we will tell you. ♪

>> well, there's more "outnumbered" in just a moment. first, let's go to jon mack jon scott with what is coming up. jon: president obama announcing the resignation of chuck hagel a moment ago. at henry joins us with new details. in-depth analysis ahead. flooding a major concern as we get whiplash from mother nature. temperatures in the 60s, some

spots saw 7 feet of snow last week. all the snow is now melting quickly raising rivers across the state, and guess what, the turkey day forecast has snow in it. the dow down slightly today at the dow and s&p recorded record highs again last week. some analysts suggest the dow 18,000 is still very much insight. the latest on your investments all coming up in the second hour of "happening now." >> the best part of that is you. thank you, jon. jon: thank you. >> you are welcome. >> buttering up jon scott. >> are you flirting? do you owe him money or something? >> let's get to this next story. politically correct police going after restaurants in new york city that advertise waitresses or hostesses instead of gender-neutral servers.

one restaurant had to find out the hard way after posting online posting these ads online looking for a hostess. undercover tester from the human rights commission applied for that job and with a restaurant only responded the female applicants it was fined $5000. the restaurant is finding fighting this punishment. gender specific ads are poorly violate new york city's civil rights law. >> what are you supposed to do if i buy hooters in new york, what beautiful young females. halle might want to advertise? >> anybody with hooters. >> summary watching the show, that is all they're going to remember the whole hour. >> if you have a restaurant and you like the classy ladies, i like servers, gentlemen too, who treat me right.

they can be a woman or a man but if you have a themed restaurant, that is what you are going to do. >> is this too far? >> yes, of course. my parents own a bunch of restaurants. they felt pressures they put host, hostess, waiter, waitress. typically we on the hired women for hostess and waitress positions. we do not get slapped with a $5000 lawsuit, thank god, but i would bet these days he probably would. how are we supposed to operate a business with all of these additional fines? they're making is so hard for family run jobs. >> $5000 is a lot. >> it is a lot of money. >> the person is called an undercover tester, they are just angry. >> it is on the upper east side, great italian restaurant, the other one is down at a british

village. restaurant owner said "we are human, it is possible we made a mistake, but we didn't get a warning, she said. should she have gotten a warning? >> absolutely. the fact they didn't warn these people and slap them with that kind of a find. >> men waiters, they don't have women waiters, snow they are wrong? >> i want to meet the people who are offended by these kind of things. when you talk to anybody i never made anybody who actually takes offense. so they are paid to get offended. her job is to be a professional same outrage for a living. >> if you want to support those restaurants in new york, good food. if you can't seem to make a relationship work, maybe it is your dna, the science just discovered.

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♪ >> well, it just can't seem to make a relationship work. do you sometimes think to yourself, self, was i porn to be single? you may be. researchers discovered a gene that makes people bad at relationships. they call it the singleton gene. and those with it are 20 percent more likely to be single than others. scientist in/beijing found that the joan lowers levels of the feel good level of seratonnian. and nurotic and suffer from depression. >>oc, and so do we know anybody that has the gene? >> all i can say, if the gene decides, if people don't like confrontation if they are

married. and if they want the comfort of having a mate for the rest of and get to a certain point in life where you go one way or other. >> this is a cue for a guy who can't commit? >> if i had known the study. and i would tested the hair samples of the, ex's that cheated. >> well, i had one. >> and listen, it was all good and for the best and now i am married to an amazing guy. >> and you think it is on the home market. a home test kit with hair samples. >> what is interesting, that implies you have less seratonan. i would be willing to take the test.

>> you know, i am very independent and i like being single. and i am not depressed but i can be neurotic for time to time. >> holidays are depression. >> and i guess the only time i would be worried about this if you are married and you discover, hey, i have the gene? that would be awkward. >> it is not unlike that during our tease. >> and i think the majority of the people live in new york city, right? >> right. i would be curious to know that if you have a gene and don't have a pool of opposite types of personalities, and you are getting together with someone else with the joan. >> it is a good break- up excuse. it is not going well. and say guess what, i came from the doctor and i have the single

joan. no overtime today. we are back here tomorrow at noon, eastern. "happening now" starts right now. >> and we begin with a fox news alert, new retookz the resignation of defense secretary chuck hagel in the first shake-up of the president's cabinet since the midterms. >> that departure is surprising. >> my theory is that you were not going to tell us until we caught. snshg has the irs been caught in a lie? >> tens of thousands of lost e-mails are finally recovered and so what was in them? plus, a videotape confession in a decades old murder mystery. >> will that history influence the judge? will the jorhear gruesome detail