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 details about the murder in the

suspect's own words? and evil knievel tried it in '74. two dare devils taking a jump over the snake canyon. will they succeed when their hero failed? it is all on "happening now". first though to our top story of the second hour. defense secretary chuck hagel stepping down as the president looks for new leadership in the pent dpovenlt welcome to "happening now", i am jon scott. nand i am heather. president obama trying to put his best face on mr. hagel's departure and the timing may say it all, as the president's national security team faces a series of crisis overseas. ed? folks are talking about this for

a bit now. did the news surprise you today. >> reporter: the timing did. there was weeks of speculation that the president is changing the national security team and he faces criticism as to whether the team was up to the national security crisis. you have the war against isis and on top of that the, the new york times reporter said the president planning to expand the military mission in afghanistan contrary to what he said over the last few years. there is a lot of challenges for the incoming secretary when the president nominates someone. the president tried to focus on the positive in terms of the personal relationship with chuck hagel, let's listen. >> when i nominated you for the position, you said you would give me honest advice and informed counsel. you have when it matters most behind closed doors in the oval office, and for that i will be

grateful>> reporter: republicans like john mccain saying the president should keep him around. mccain claimed to have a meeting with chuck hagel and hagel expressed frustration. i know chuck was frustrated with the administration's national security policy. his predecessors have spoken about the excessive mi comanagement from the white house. chuck's situation was no different. in his own comments, chuck hagel didn't hint of tension with the president and had warm words for him. josh earnest will come out for the daily briefing and he will get a lot of questions about the timing of all of this, and who the president is nominating next. >> the president played nice. but we had a quote that came from a senior official. make no mistake. chuck hagel was fired. those are tough words that you

don't so here too often when people leave or step down in washington. >> reporter: that's right. critics are saying chuck hagel was a republican and becoming a scapegoat for the midterm election losses or did the president feel right now he needs to make a change? he has two years left in office. and we talk about the national security crisis and if there was tension we would hear about it with susan rice and others. the president can bring in a now team and get a fresh start here. there is a lot of challenges that he is facing. >> ed, thank you. >> for more on this we'll bring in tom bevin executive editor of role feel politics. the election is over and the president got badly spanked. what does firing chuck hagel do? >> good question, i don't know. we'll have to see. the question is whether it is a change in policy as ed

mentioned. the word from the white house was to the new york times was that they admitted that you know, what hagel was brought in to do, the challenges are different and the skill set is different. they are are looking to do different things and implied he was not up to the job. what does that job going to be? i think we will have to wait and see if that heralds a new policy and change in direction or whether it was rearranging the deck chairs. >> you know, it is interesting, it was the president who compared isis to a jv team. chuck hagel made headlines when he said isis is beyond anything we have scene and counter acting the white house narrative to now. did that get him in trouble? it would seem like he is closer to the truth than the president's description was? >> that was one incident a point of tension between hagel and the white house.

as ed mentioned, there was between the dod and the white house and this is something that goes back to the reagan defense forum in the library there, secretary gates and panetta and along with john mccain mentioned the frustration with the white house the and the the inability to have direct counsel with the president, and there are some suggestions that hagel was frustrated by the exact same things. >> who gets the job be next? what is the president looking for? he announced on friday that our afghanistan troop force level is more robust and more involved than he has been saying up until now. >> jon, there is a lot of folks who are more expert than i am. senator jack reed from rhode island, he is happy in the senate and deputy secretary and

michelle floinoid who was on the short list last time and first female to head the pentagon which is some what enticing for the president to set new records and new standards. those are the three names in the immediate circulation right now. >> let's talk about another female that could make history. hillary clinton, the plunging poll numbers tblames president obama, her former boss for that drop in popularity. fox news contributor douglas sho hanand pat can you dell write jointly in this piece. as a candidate mrs. clinton would inherret a damaged party and she would struggle with the consequences of mr. obama's go it alone governance. the idea of executive order and bypassing congress, is that in

fact hurting hillary clinton's chances, what do you think, tom? >> i think doug and pat make a persuasive case. and setting aside the issue of executive action. hillary clinton will have to thread a certain needle for 2016. she has to distinguish herself from obama and will not want to run for his third term and have to do it in a way without alinating the voters and coalition that elected and reelected him. and that will take political skill. as hillary clinton showed in 2008, she is not skillful as a politician as she often gets credit for and that is something to watch and so if she can do. it will be tough. snshg not as skilled as her husband most people agree. people on the right like one candidate and people on the left like one candidate.

but the elections are won in the middle. the independents have been souring on this president in all of the polls that i have seen lately. and those are the folks she has to win over, right? >> well, in the general election. sure. but she has to win the nomination. where will the challenge come from? jim web said he would run and bernie sanders, and how far will she get dragged to the left in the primaries and same position for the republicans, how far to the right? when you get in the general election, you have to appeal to the base voters and appeal to the middle slice and independents who are decisive especially in the swing states that they are battling it out. >> for instance, 59 percent of the americans think we ought to build the key stone pipeline and what does she think about that?

those are questions that the candidates will have to answer. tom, thanks. >> thank you, john. a lot of questions about the missing irs e-mails. they may not be missing after all. 30000 e-mails, to and from lois lerner have been found. there is a disaster recovery tape. and the next step to find out what is on them. mike emmanuel is live for us in washington. mike, do we have what is on the e-mails? >> not yet, heather, it sounds like a fairly involved process before they read the newly discovered e-mails. committee staffers are anxious to look at the 30000 e-mails to see who lois lerner was communicating with outside of the irs and the targeting of conservative groups took place. and learner defended her actions

and took the fifth. and congressional sources said it is possible e-mails are duplicates and since lerner refused to answer questions from congress they are anxious to look at her communication. it is frustrating dealing with lerner. >> she knows the fix is in. but not congress and american people and tell the story. >> a statement from the irs, the irs cooperated fully in the investigation including providing the inspector general with a disaster recovery tapes that was initially recycled. i am told they must convert from the metadata formal to a standard version. other committees would likely get them in the new year after

the agency has a chance to redakt them. >> the grand jury meeting in ferguson as they answer whether or not to charge officer wilson in the shooting death of black teenager michael brown. we don't know when they will reach the decision. the process is taking a long time because the grand jury isr witness. >> and the deadline for reaching a deal on the iran nuclear program is here with no agreement in sight. where do the negotiators deputy from here? now the snow and now the big melt. what folks in buffalo could be dealing with as all of that snow could turn into water. >> we hope that it doesn't flood our house or anybody else's. we don't want anybody flooded. we are asking everyone to keep

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>> no surprise, no deal on iran's nuclear program as the clock runs out on the deadline for reaching an agreement. instead iran and other world powers are extending the talks to next july. under the limited agreement, both sides are supposed to reach a general principle by march. >> to do this, because we don't want just any agreement, we want the right agreement. time and again, from the day that he took office, president obama has been crystal clear that we must insure that iran does not require a nuclear weapon, period. >> that's secretary of state john kerry, he and other diplomats have been meeting with the courter parts.

iran is playing for time as it pursuing a nuclear bomb. >> back here at home. folks in buffalo is facing flooding as the snow they got last weeks starting to melt. >> i wonder if the water and snow has any place to g. the ground is probably frozen up there. >> they will have problems with potential of roof collapse but ice jams. look at the temperatures, very spring- like in the northeast. it is 64 in buffalo and rapid snow melt. they had seven feet of snow in this area. we'll see potential of warm temperatures and a lot of moisture moving in. and all of the water is not helping things either. behind it colder air that slows the process of rapid snow melt. and next 24 hours.

predictions are dire for buffalo and they are scrambling to make sure all of the snow is off of the roofs and clearing the snow as much as possible. colder air is move nothing and that is going to slow the process of the rapid snow melt. temperatures are incredible. collar air filter ares in from canada and then there is wednesday's highs, i want to mention healther and jon scott we are watching a big snow storm for the interior sections of the northeast tuesday, tomorrow, talking about the coastal storm that is going to bring travel to a stand still in a lot of the areas as the low develops off of the coast. it is midatlantic and northeast. we think it will be mainly a rain and mixture of snow that is going to make travel next to

impossible in a lot of areas in the i- 95 corridor. it will exit on thanksgiving. wednesday is the biggest travel day of the year and we'll have major problems all along the east coast. >> we hope that you are wrong about that. >> all right. >> and in new york, we have to worry about the parade. >> macy's thanksgiving day parade. and from flooding concerns and a crisis overseas. here is the scene in morocco. you can see the force of the rushing water washing cars away and stranding people there. it is making rescue difficult and so dangerous there right now. >> he was one of the first missing children to ever appear on the side of a missing milk

cartoon. the developments of the disappearance of aconon on ethan patz. >> and many of us were fast a sleep, the international space station welcomed special visitors. will that be all, sir?

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nation's missing children cases. a judge ruled that the videotape confession can be used in the murder trial of etan patz. he vanished in 1979. he was one of the first missing children ever to appear on the side of a milk cartoon. hernandez confessed to strangling patz in 2012. hernandez has a history of mental illness. the confession was imaginary and not properly attained he said. for more on this. johna is a criminal defense attorney. the disappearance of etan patz haunted and horrified the city for years and now they have an answer they think. and the judge said the confession can be used. >> yes, it is a cold case and so

long since the death there is not a lot of forepzic evidence. without the confession we talked about before, the case would go no where. the confession was an important piece of evidence. etan was walking to school alone. and hernandez was working in a little convenience store or bo dega they call them in new york city. he lured the boy, in with a can of soda and choked him and threw the blastic bag in a box. you don't think the confession will result in a conviction? >> no, here's why. we don't have any evidence but for the man's confession which is over 30 years old and in new york, a confession alone, is not enough to get a conviction. the jurors will be instructed as such. remember even though the

confession is coming in, the juror will decide if it is coerced. >> what motivation to confession if you didn't have a get conscience. >> that is a stretch. not only did he complete 11th grade and sd do his only social security applications, but he represented himself in a divorce case and child support case. to make that agreement that he didn't know enough is not. >> he has a 70 iq. and that is another point his defense council is trying to hammer home. >> he was subjected to eight hours of police questioning. do they play all eight hours. and you don't just cue it up to the moment he said i did it. >> that's what the defense attorneys will do. and the

prosecution will play that short time. >> the defense said he was beaten down in a hot room and beat the confession out of him. >> it is effective to play all eight hours and make the jury see how long that is. that said, the fact that he confessed to people in his church group, that may be enough to put them over the edge here. >> there is not a lot of evidence and they never found etan's body. the circumstances fit and you can make it a circumstantial case and he was working on the route that etan walked to school. >> you can make that about any body working in that neighborhood. i don't think he will get convicted and the a kuwaital will be on a technicality that there is 0 evidence. we want the case to be solved and it is 30 plus years later.

if they got the right guy, we'll not know it. >> it is the case that resulted in so many children's faces on milk cartons nationwide. >> police are working to solve a murder mystery. the victim is a mother of two stabbed on a jogging trail. and a possible strike of several major ports and what it means for christmas bah humbug.

>> our top story, the resignation of defense secretary chuck hagel. president obama a noupsing the move in the white house as he appeared with the outgoing pentagon chief. >> two years, chuck has been an exemptulary defense secretary. and's steady hand with our strategy and budget and meeting long- term threats and responding to isil and ebola. thanks to chuck our military is on a firmer foot anything engaged in the missions and looking ahead to the future. i believe we have set the department of defense, and the nation on a stronger course toward security, stability and prosperity. if i didn't believe that, i

would not have done this job. >> warm words that you just heard may not have told the cold- hearted story. mr. hagel is stepping down under pressure with from the white house as the administration is facing crisis overseas. >> police in connecticut are hunting for a killer of a mother of two who was a powerful insurance executive. investigators are ruling it a homicide and the death is shocking the small community. >> she made you feel like the most important person. i think twice. i run every day and i want to make sure i am safe and everybody else is, too. it is difficult. >> the retired lieutenant for the police department. she was a triathlete and out in the evening, jogging in an area that was well travelled and not

only with cars but other pedestrians and she was stabbed to death and she was alive when they found her and died in the hospital. >> she believed she was in a safe place and there many, many times and felt there was no threat. is there a possibility she was jogging with someone. we don't know. i believe that based on what i have read, who ever killed her knew her well. >> what makes you think that? >> because of the nature of the crime. we didn't see multiple stab wounds and no rage going on. >> she was stabbed in the chest. and left. not even, the killer department so if she was dead yet for goodness sakes. she was still alive. and they left. you begin in ground 0 and talk to family and friends and e-mails and phone records and then i think what will be the most telling for the police, when they set a perimeter around

the crime scene there will be evident. >> it was a paved pack way and a car alongside and a dog park and playground. >> they are looking for foot prints and what here? >> which may tell you, it was not a planned murder. >> if you are going to kill somebody based on the experience that i have had. you will not do it with a play grouped and dog path. >> a lot of people could have seen it happening? >> was there an argument and that person out of rage stab her? what is the motive. you know it was not robbery. what was the motive. it could be simple as getting in an argument with someone they knew and they stabbed her. police have to find out what was the motive. they will have to set up a time line and who did she talk to up until the time she was found. >> you think the police are

doing a good job so far? we don't know the details. >> the more details they gave out and the more information that the killer has and they can cover their tracks. >> it is east of hartford, connecticut and it is a safe area. >> you know, it is a shame to say, it is not safe anymore. and she believed it was safe and the police are going to find out who did this. >> a motorist drove by at 8 o'clock and she was still alive and she died in the hospital. i wonder if she was able to be giving a clue. >> the police are guarded and careful as to what they will release. >> sounds like a lovely woman and leaves behind two children. >> what a tragedy. you know what, if they catch the killer, they got somebody off of

the streets that could do this again. >> i hope they get to the bottom of this. thank you so much steve. >> and we are just about a month away from christmas. it could be a blue christmas for thousands of people on the west coast this year. a labor fight threatens to bring things to a complete halt from the ports from san diego to seattle. >> dan springer has more for us, dan? >> yeah, john, the port slowed down up and down the west coast and threaten the potential for the christmas season for retailers from here all the way to the asian rim. the goods are move nothing a snail's pace. >> reporter: we talked to a christmas tree farmer and he has 2200 of the most valuable trees stuck in the ports. they were supposed to be shipped and too late to get there to the

shopping malls. 20 percent of the business for the year. and trucking companies are hit hard. drivers are spending hours and hours in long lines in the ports. the water house union has been working without a contract since july and port operators blame them for slowing down. retailers want their products moving again. >> americans are turning their backs on americans at the port. whether it is the port authority or union. somebody is not doing their job. and this should have been resolved months ago. >> union leaders deny they are slowing down. >> reporter: they are blaming the truck drivers. and the union admits that the conflict is over potential job cuts. >> those jobs used to be the

docks and paying 25 or 35 an hour and now they are looking for cheaper ways to get the work done even though they are in good shape financially. >> reporter: as for many, it is like what happen in 2002, port workers had a slow down and lasted to a lock out and billiops of lost revenue. >> said in the innerconnected economy. all of that money going down the tube. >> imagine shedding pounds without breaking a sweat. we'll have the skinny on a new way to lose way. and plus, to run or not run. cop flikting -- conflicting reports on what it means to your health, coming up. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat?

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>> hi, everyone. i am gretchen carlson. coming up today on the real story. we'll have reaction from the white house to the news of defense secretary chuck hagel's departure. and nato forces. americans can be killed in a safer part of afghanistan. and plus, metedal of freedom highest honor given to civilians and we'll carry it live honoring sammy davis junior and ethyl kennedy and merylstrep. don't miss it. >> the nestle company could have the ultimate diet drink. exercise in a bottle. researchers have figured out to control the enzyme responsible for regulating your metabolism and turn it in a doit drink or pill to helps you to burn fat without exercising.

joining me is our doctor, i love this already. could it work? >> any time we get news that we lose without without exercise. in some cases it is harmful. don't forget phen, phen. >> nestle, and few other companies worked on it as well. and they have determined that there is an enzyme a mpk and it is a compound in your body to help you burn fat. are you some what optimistic about this? >> yes, the science is promising and it will be exercise. and that will be promising. and when we go to the laboratory and animal studies to humans, there could be something lost in translation. >> you can test it on animals

and it doesn't always happen the same way. >> they are testing it on mice and monkeys. and it may have a harmful affect. >> we can stop cancer and manage depression and so much to do with modern medicine, why wouldn't we do this? >> time will tell. you know, what nothing ever e places exercise. that is something we do. and we don't need to do something that may or may not work. >> from your experience how long will it be to the point it comes to the market? >> it depends on whether they will do it as a drug. that could take years and a billion in investment versus the supplement or vitamin that has less vigorous testing. >> it is a lot easiaer. >> and you have to look at it

carefully. we want it safe and effective. >> and another topic, that is running, thanksgiving you see the turkey trots and a lot of people are going for the run before they sit down to the dinner table. 870000 people ran on turkey day last year and that is up 770 percent. and running can keep you young and improve quality of life and study that overdoes it. and higher intensity and exercise. and increase heart attack and stroke. >> this is a small study. and we can't tell everybody to pick up their pace. and what this study said it decreases aging. and they say it is the way we

consume energy and consume oxygen and give off carbon dioxide. what this means is the efficiency of energy. it is interesting that people who run are more agile than when they walk. it is interesting as compared to people who just walk. we can do it at a slower pace. does that translate to longer in life. does that mean when you are 80 you will more easily move around? >> in general being active and getting our muscles moving is good. still keep doing the walking. >> too much of it increases risk of stroke or heart attacks. >> that depends on the older and elderly patients that have a risk of stroke. you can get up to 150 miles per hour. and the car gets older, your

transmission might fall underneath you. they say speak with your physician before engaging in moderate exercise. >> what is the best for holding off getting older. >> eat healthy and exercise and do all of your health screenings. >> and in terms of exercise, as long as you are doing something, walk suggest great. if you can do the running, get the best of both worlds. >> thanks a lot. >> we want the quick fix. >> always. i like the bike. >> and 401 k's. how long could the streak last? a live check on the markets next. and growing demand for answers. and someone was able to sneak on the tarmac and drive off with a maintenance vehicle.

>> it very scary.

an investigation in to what happened is now underway. a serious security breach in an airport in san jose after someone gained access to the private tarmac. and drove off with a maintenance vehicle. >> workers were able to detain him at arrested. this follows other security

breaches at the same airport, including an incident in april, where a 15-year-old boy snuck into the wheel well of a jet and survived a five-hour flight to maui. unbelievable. >> xeex muss he. u.s. retirement investments getting a big boost today after china's central bank cuts interest rates and vows to bump some much-needed credit into their system. let's take a live look at the big board right now, down about four and a half points right now. let's check in with lauren and fox business. what is this china stuff? >> thank you, china. it means the dow is headed to 18,000. could see it by thanksgiving. a lot of people are staying is going to happen this week, we are 195 points away. stocks climbed earlier to records on news in the drug sector, hopes that china might be ready to cut interest rates again and ease its lending restrictions. its first rate cut in two years happened over the weekend. now, there's talk of another. it's kind of like rate cuts are like lay's potato chips, you can't have just one, right?

indication the european central bank will take additional stimulus measures as well. it's a global slow down story, that's what is juicing u.s. stocks. some analysts say there may be no incentive for investors to sell this week or maybe even this year. so the market can push even higher much the dow's up 7% already in 2014. the nasdaq almost 13%. and the s & p could see 46 record closes after today, more than the 45 from last year. and with a few days left till black friday, retail stocks, lowe's, pet smart, macy's, dollar tree, at lifetime highs today. captor fitzgerald says this holiday season will be the most popular ever for any iphone and apple history. when apple stock does well, the nasdaq and s & p does true because apple is such a heavily weighted component. then other investors waiting for a pullback so they can come in and finally buy stocks a bit cheaper. that might.happen, not sure if or when. >> what charlie gasparino was

waiting earlier, wait a for a dip, buy stocks. >> 10% pull back, maybe you can get stocks cheaper. >> everything dips in october. accident learn a thing. >> still not all feeling rich, are we? >> that's the problem. the disconnect between wall street record highs and main street, we feel like we are still in a recession. >> yeah. i know. >> lauren simmon nettie, fox business networks, bringing us the good news nevertheless. if you are not sure where to find fox business network, log on to fox business.com/channel finder and you can see simmon nettie all day long a good thing. >> that's right. wasn't much evel knievel couldn't do in his remarkable career, but two rival daredevils are now in a race to compete and complete one record setting jump he attempted. ♪soft holiday music ]♪

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in 1974, you might remember, knievel tried to jump the 1600-foot-wide snake river canyon in idaho but his parachute deployed early and floated down to the river below. now, two men want to make that jump. both say they are having a hard time jumping through all of the red tape to get permission. one of the daredevils named big ed beckley even putting together an animation showing how he would jump the canyon with a rocket-powered bike. he had planned to jump on the 40th anniversary of knievel's attempt this past august. now he says he will make the attempt some time next year. >> there's nothing about that that looks safe. >> no. i was always of the opinion that knievel's parachute deployed early on purpose because it's landing the thing that's hard. getting up there, you can do that. but landing it and surviving. >> surviving without hitting the canyon wall or going down into the drink? >> mm-hmm. what i'm thinking. >> no wonder they are having problems with the red tape.

>> well -- just saying. >> all right. thanks, everybody, for joining us today. >> "the real story with gretchen carlson", who will not be jumping the canyon -- >> we hope. >> starts next. you got that right, john. that would be a fox news alert if i ever decided to do that. but not today. instead, big news at the pentagon today, as chuck hagel stepping down as secretary of defense. hi, everyone, i'm, gretchen carlson, i hope you had a fantastic weekend. we are here to bring real story today about all of this. a defense official says hagel and president obama had talked about a possible resignation and agreed it was time for new leadership at the pentagon, but the timing of today's announcement sparking speculation, big questions linger over the u.s. military strat yes in fighting isis in the middle east, of course, and whether current tactics will change when republicans assume control on capit