>> i will be delighted. >> stay right here for outnumbered over time on the web. we'll be back on tv tomorrow on noon eastern. "happening now" starts right now. >> we begin with a fox news alert. we'll see if a nationwide walk out materialized after activist in ferguson, missouri urged people to get off of their jobs. demonstrators flooded the streets in washington d.c. and blocking the traffic in protest of the ferguson decision. this is "happening now". >> congress has to stand up and protect us. >> republicans outraged over the president the president executive action in immigration. is it jeopardizing a crucial alloy on the right and how does this influence the high courts in a health care case? >> you won the first round mr.

prosecutor. >> activist calling for protest and walk out nationwide. >> don't put your gloves off, the fight is not over. >> urging ferguson resident to continue the fight. >> justice will come to ferguson. >> but will ferguson ever agree on what constitutes justice? >> and turkey reportedly getting closer to lending real support against the fight on isis? is this what we need to defeat the terrorist? it is all "happening now". first to our top story for the second hour, activist urged workers to get up and walk out in protest of the grand jor's decision not to indict officer

wilson. i am jon scott. >> and i will heather in from jenna lee. the demonstrators in washington d.c. already marching in the streets and carrying skies. you can see them there and lying down earlier this morning to block the monday morning commute. >> in the meantime we get our look at the feds providing heavy duty gear to local law enforcement as the president calls for meeting to rebuild trust for cops and community. wendall golar has more. >> reporter: yeah, the president has meetings with civil rights leaders and community and faith leaders as protest of the decision not to it indict officer darren wilson for shooting an unarmed black man continued. the president decloiped to

critize military surplus material. it calls for better training in its use and more involvement with local officials and after action report when the equipment is used. the president is asking congress for 300 million to split the cost of police body cameras with state and local jurisdiction and former mayor rudy gulian i said it is a good 95. >> 95 percent of the situationses police officers were justified. and had the police officer had a body camera, we would not have that discussionment >> there are no plans for president obama to visit the shooting. he held his tongue more. but mr. obama said the

frustrations with the police and latinos and blacks have dope roots. one of those meetings are to build trust. eric holder will launch a tour and talks and stop in atlanta after the meeting with the white house. >> wendall, thank you. >> law makers are getting ready for a jam-packed session that kicked off in an hour. keeping the government funded past december 11th. and looking at tax breaks and approving defense policy and including the pending arrest for president obama's request for fighting isis. and ebola. there is a lot of stuff to deal w. we will talk to mike

emmanuel. where do they start? >> reporter: house and senate appropriations teams made progress in the package to fund the government through next september. republicans and democrats sound optimistic about that. and a republican close to leadership said they need to get it done to have certainty. >> i want a clean slate to lay out the agenda and have real budget fights next year and not now under the gun and possibly threat of a government shutdown. and lurching from month to it month. >> however, there is a issue of the immigration legislation on president obama and many law makers want to respond. boehner said the president's action on immigration will make every issue more difficult. price from georgia had offered

a plan through next september and only immigration services in the next few months. there is a lot to work out responding to president obama and avoiding a tax extender and defense authorization package and more. newly elected senate democrats said the american people want cooperation and compromise. >> that was the clear message from the last election. people want to see washington work and having people come together and find the middle ground to deal with the tough problems in the country. >> law makers are getting an earful and we'll be watching carefully to see how the leadership teams meet with the rank and file members heather? >> thank you, mike.

>> besides avoiding a government shutdown and stopping tax hikes, you can be sure the immigration policy will be high on the list of things to debate. the republicans are calling it a job killer from the middle-class. >> that is the best way to proceed. >> and the president just lost an election and wages for working families are declining. the first action was to make it easier for illegal immigrants to get jobs. >> what we should do first and foremost is seal the border. republicans and democrats failed on this issue. we haven't stabilized the problem by taken credible steps to seal the border. >> and talking about it is karl

rove and a fox news contributor, carl, i have said it before, if good policy is good politics, the president could have announced the changes to it the immigration law before the election. some republicans say it is because he is trying to goad them to overreacting. your thoughts? >> he failed to make the announcement before the election because he was concerned about criticism. you had vulforable democrats and it locks like a power grab and i will lose and the concern inside of the white house, expectations among the latino immigration advocates, it is it a much bigger package than it turned out to be. yes, i do think now, his language in particular. we announced it from the white

house. he tried to goad the republicans by raising the specter of the government shutdown over this. it shoes that this is colored heavily by politics. >> and his critics say he's acting like a monarch and an emperror here. they are trying to push the limits of executive authority. >> and the president has a right to use executive orders to do things. but there has to bestatutory basis for that authority. the president has to execute a law that gives him responsibilities. and the president in my opinion and a opinion of a lot of people who are legal experts is. that the president's basis in law is flimsy and nonexistent. and there is no authority for

a president to exempt an entire class of people from enforcement from the nation's immigration laws. there is no authority to do that and yet that's what he's done. >> can republicans do that through the power of the purse? >> you alluded to this. there is a discussion in the house and senate republicans about a two track approach to funding. funding the government through the end of the fiscal year except for the department of homeland security. and there is it also an interesting oped in the washington post by the monday columnist and he suggested that the republicans do two things. one is, that the president exempted and said we are going to prioritize those who have viulent felonies.

and we'll not prioritize those with serious misdemeanors. and prosecutors take violent crimes and plead them down to lesser offenses in order to avoid a trial. take care of the problem and not allow them to remain. and the other point, we'll deny people to access to government benefits. they don't get medicare or range of benefits that we give. and this would send a strong message to the president, we don't like your policy. and democrats and americans, will applaud these measures. >> and somebody who has to like his policy or approve of it. the supreme court. and when it comes to some of the decisions that the president has made, observers say by flexing

his executive authority muscles, he could stand to alienate chief justice john roberts that was the swing vote that kept obama care alive. and the things the president is doing with regard to immigration could be seen as an abuse of power. and when it comes to what the supreme court will decide on the state subsidies, that justice roberts might vote the other way this time, what do you think? >> it might be more than justice roberts. this afternoon in canning versus nlrb, the question was, had the president over stepped his bounds by making recessed appointments. and he made appointments to the

nlrb. and 9- 0 decision the supreme court said the president over stepped his powers and a 5- 4 majority said the president overstepped it under the affordable care act. and four justices voted against the president on the affordable care act. and the question will be the law will give subsidies for people with health care coverage and only go to people in states that set up the state health care exchanges. they didn't set up the marketplaces and now the federal government decided that the treasury department said these people are even though the law says differently they can get the subsidies, too. the supreme court chief justice roberts and others voting to support obama care in the

initial case may say that the law said what the law said and it only goes to states that set up the health care exchanges. >> the chief justice and others are increasingly skeptical with the way the president used the executive authority. karl rove good to have you on. >> and an american killed in egypt and we'll tell you who is claiming responsibility. and an agreement for a joint effort to fight isis in syria. critics say it is not enough to beat the terrorist.

>> an isis linked terror group claimed to have killed an american in the egyptian sinai peninsula. they tweet, we take responsibility for the killing

of the american expert william henderson. there were photos of his passport and documents and indicating he worked for a petroleum company in egypt. nfox news confirms that the the u.s. army is urging family members to limit information. isis is urging supporters to scour the internet on service members families so they can find and kill them. turkish officials are closer to roach a deal to help against isis. and national security correspondent jennifer griffin is live to cover the stories. start with the army bullittin. we reported this in the past. what is new about the actual story? >> what is interesting, it came

from u.s. intelligence agencies. the pentagon is not issuing new advice, but this is simply a matter of protection and standard operating procedure and telling service members to be careful what they are posting on line because it is easy to track them and their movements. according to u.s. officials, the discussion with the turks over using their air bases to go after isis continue. negotiators have not reached a deal cording to the pentagon. the turkish president has issued veiled criticism of the united states. putin is having to fill the vacum between the u.s. and nato ally of turkey.

there is the first nuclear reactor. and vice-president biden was trying to secower access to the bases and the pentagon spokesman talked about the ways the turbs are helping. they can only fly unmanned surveillance flights. turkish key demand no-fly zone over syria they down played the notion of a no-fly zone. we don't believe that is the best way to relove the humanitarian crisis. turkey wanted it to extend to a third of syria before it gives access. >> and the turks have made

progress in tightening up the border and preventing foreign fighters. a u.s. aircraft crashed after participating in the fight agains isis. >> you have a lot to keep your eye on. thanks. >> display of christian unitty of istanbul. pope francis joined the leader of the orth dox church to demand the end of pers kougz of christians. he asked for a blessing from the orthodox leader. he spoke out against isis and others who wage war in the name of god. >> pregnant and out of a paycheck. she was pregnant with her daughter and now the supreme

court is hearing the case. drivers left high and dry and three feet of mud swamping a major west coast highway. we'll tell you where. respiratory

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>> we told you that protest were planned around the country at the start of this hour and that is happening from washington d.c. this tape from outside of the department of justice, people upset with the grand jury decision not to indict the police officer they are lying down outside of the department of justice. there are other sporatic demonstrations. no more business as usual is one of the hash tags of this

particular protest group. and they want to irpt rupt other people's work and ability to do their jobs to get their point cross. we'll let you know as they unfold throughout the afternoon. >> and part of the highway is closed after a huge mud slide in southern california. and leaving 2 or 3 meet of mud. the devastating colby fire loosened rocks and debrie and making the area vulnerable for more slides. >> and a woman was kicked off of the job without pay after she got pregnant and now taking that case to the u.s. supreme court. peggy young drove for ups and her doctor told her not to do

heavy lifting. here is the attorneys. this is going before the u.s. supremecourt. does the company have to provide compensation for the woman? >> they do. it was enacted in 1998. they have to give the same allowances. they do need to give. it here in the case, while the text of that act is unambiggous to allow the pregnant people to have that compensation would given them more favor. >> the company said they treated others with a short- term they give lifting restrictions and anybody else who has a condition. is the company in the clear? >> the company has successfully

made that argument in each of the lower courts. the company is saying, look. if you injure yourself off work premises, we don't accommodate you and we are not treating the plaintiff any differently than anyone who hurt themselves outside of the work place. that's how they managed to win. >> you mean as an injury. and not good for business or pr. >> another thing, the company provides accommodations for a driver who has a dwi, they will put him on a desk job? >> the union negotiated a collective bargaining agreement covering someone with a dwi. and american disabilities act but not someone who's pregnant. this case will be found in favor of the woman and follow what is going on in the states and in the companies which are showing

that we need to have working mothers able to do their job. >> many would think as women that we would agree that a company should be held loyable. you think the supreme court will side in the favor of the company. >> i am a woman and an employer. the best thing the supreme court could do for pregnant women is rule in favor of the ups. you will get companies to stop hiring women of child bearing years. it is not that you are 35 years old. but quietly do it. let's let the trend continue. companies make. let them keep up the good work. >> 123 members of congress

supported the plaintiff in this case. it is going to pass by law and i hope the supreme court will do the right thing. >> give the lady a break. >> it is hard. >> i have worked and done that. it is hard. >> we'll see you soon. thank you. >> he helped the president keep the health care alive, but is the president losing chief justice roberts over immigration? >> and you might need to think smarter before you make the next post on line. an angry tweet will get you arrested and we'll see where the supreme court is leaning?

>> new concerns over the real cost of president obama's action on immigration. the average illegal immigrant headed for amnesty receives more than they would pay in taxes. william has the stories. high, there william. >> we learned from the white house and one of those benefits is the earned income tax credit and a check from the government and thousands to loan families and four years ago it was

$4 billion. and the over all question is, is it a net gain or drain for the taxpayers. and here's what we do know. 50 percent of the illegal imgrants have a less than high school education. 51 percent do not speak english well or at all. and 35 percent are not employed. and that is a net drain on taxpayers, 40 billion a year according to the heritage foundation. that figure includes education. and they added in welfare and subsidized housing. ultimately they want programs to help everybody and it is

reasonable to assume it would be covered. >> by giving immigrants the work permit they will spend more and expand the economy and pay more in taxes. >> we see that in a total of 350 billion of economic activity taken out of the shadows and be legalized. in terms of wage increases, wee anticipate 12 billion a year. >> and so as for medical care, the white house insists it doesn't qualify for obama care subsidies. and no questions will be asked. it is not about immigration issue. >> that is an interesting statement. they can't come to agreement on that. william, thank you. >> new respecting on what all went in on the president's

immigration orders on immigration? the behind the scones actives of jay johnson and other white house staff. and mr. johnson's team huddled for hours daily under the orders to use the legal authorities on a deportation policy a senior administration said. mr. johnson and mr. obama, both lawyers pro poured over proposed changes and that affected millions of people and significantly alter the way immigration laws are and are enforced and the president wanted to go bigger and grant amnesty to the parents of the so- called dreamers and young people who are here without official paper work. >> joining us is jonah and a b

stoodard. >> jonah, you say for the president it is all politics? >> right. first of all, if he wanted to do it and if policy makes for good politics, he could have done this when he controlled both houses of congress and before the 2012 election and 2014 midterm election. instead he kept putting it off, because he knew it would not be good for the democratic party. and the calculation from the beginning is politics. he is called the deporter in chief and hispanic and immigration activist are railing against him. and the only reason why the numbers are high as they are, the obama administration rewrote the rules of how they count deportation. they started to counting people

in at the border. he's not counted the millions living in the shadows. it was a political spin to get the republicans to agree on the immigration bill. it blew up in his face. only people who believed him was the activist. >> a lot think he took the actions he, because he thinks that it will sort of blow up in the republicans who can't come to an agreement on immigration? >> right. all along he knew it was not only as jonna mentioned an issue dividing the democrats and when they lost the control of the congress in 2010 and republicans won back control with 60 seats in the house. there was a lame duck session of

trying to pass the dream act. in the end it was killed by democrats and this has divided the democratic party. and far more on the spotlight than caused republicans. they have taken back the seen the and bigger majority in the house. and conservative said we need to act now against the executive order. and not wait until the next year. we need to bring a lawsuit against what he did on health care and include immigration. they want bold action and you can see the leaders of the republican party taking the reigns on the senate side joined the house, and saying we need to look like we are governing and not lead to a shutdown. they have to decide how to respond and that puts them in a jam. there is a chairman ship fight where if jeff sessions doesn't

get the budget committee because he was an outspoken critic of immigration. >> you think the president is trying to goad the republicans? >> absolutely. in a televised address he raised the specter of government shutdown. he wants the republicans to take that bait. if he can get the republicans to be more reasonable, it would help to placate the immigration activist and make it clear and he only can goad the republicans to go ballistic. he would love to see that again. >> what a way to run the country or government at least. >> thank you, we have to say good bye. >> thank you. >> john roberts and the other

supreme court justice taking up free speech. a guy in pennsylvania is using that legislation. his attorneys say he was blowing off steam when he wrote those messages about his ex-wife. they normally don't work together on the same side of the issue. >> and anthony was convicted and sentenceed to four years in prison because of the postings on facebook including those posted to his ex-wife. one way to love you and thousand ways to kill you. i will not rest until your body is soaked in cuts and blood. there is violent lodge about an fbi agency. and blowing up a class full of

kindergartens. he said the justices should protect him. should people posting violent words on the internet be in danger of going to jail or not? >> they could be subject to a felony liability not only because they intended to threaten anybody. but because because someone misinterpreted their comment as a threat. >> a threat is a threat. if i leave it on your wind shield or post it on your door or internet, however i communicate and medium i use, to communicate the threat doesn't make it any less of a threat. >> heather, there is a interesting coalition. a number of organizations who came together to say this kind of speech shouldn't be criminalized because it gives

the government authority to police. >> this is a day to shop on line. and how do you know which websites are offering the best deals? $21. could something that small make an impact on something as big as your retirement? i don't think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years, that retirement challenge might not seem so big after all. ♪

>> coming up in the real story today. a report out that the white house plans to force businesses now to pay moreover time. is another executive order in the works? >> the fbi said isis is targeting our troops now here in the u.s. we'll ask admiral kirby about that and if we are close to striking a deal with turkey. and would you like to live to be 108. we'll talk to the oldest living veteran and get his secrets to a long and happy life. don't miss it on top of the hour. >> and cyber monday is underway

and facts about it. it is it a billion dollar shopping day. there is double-digit growth of 15 percent. 41 percent shopped in the early morning. and disney frozen merchandise beating out barbie. and here to shop on the massive shopping day. here is the lifestyle contributor. and i was buying lego deals. and give us tips and give me tips on how to save money on a day like today. >> and we give you coupon codes to get additional savings and we'll save $28 a transaction. and the deals are so good already. >> coupon codes that are on your website. are they applicable to most

retailers. >> we have thousands and thousands of coupon codes. >> and do those retailers dislike what you are doing. you are helping somebody who doesn't know there is a deal out there? >> and we like to take traffic to the website. everybody wants to save money and this is a great way to do it. preload stuff in the cart and go back and make a sale. >> one thing to suggest for a cyber monday and deals are staggered and inventory is low. and you want to get a sweater. and go ahead and log on to the sites before hand and put in your information and shipping address and credit card information and put the items in the shopping cart and hit refresh. and keep it there for a couple of days. >> i am talking before the sale

is going to hit. shipping and credit card information that is stored. >> putting the credit card information on there. and a lot of people are worried about cyber security and the security of their credit cards. if you are going to a legitimate sight that is safe. you can do it in a secured space and sight. >> rebecca george. thank you so much. >> that's right. and the tool companies are very happy with the orders i take. >> and it is it a first day of december and people are trimming their christmas trees and how one town is decorating its tree inspired by a holiday special. and the square credit card reader is changing technology as we know it and it is all done here on u.s. soil.

something called the maker movement is creating the technology of today and changing the digital landscape of tomorrow. how it's happening, jonathan sari live from atlanta. >> it is attracting everybody from hobbyists to were enknewers and many are telling us more than just a fad but a new industrial revolution. a renewed desire to build things with our own hands is introducing people of all ages to the so-called maker movement. >> many ways an ipad can be like a tv set, just consuming something that someone else made. i want you to make things yourself.

>> reporter: colleges and universities are getting in on the movement. georgia tech has an entirely student-run makers space. >> we started to lose manufacturing, there was a lot of effort at the corporate and industrial level and government level to reclaim manufacturing and figure out how to get america made back and one of the things people realized is we didn't have a pipeline of people who knew how to make things. >> reporter: it is not just the equipment that draws people to the space but they stay is the collaboration. free side a grassroots non-profit maker space in atlanta attracts everyone from retired engineers to foot surgeons. >> one of our members basically 3-d printed ct scans and used the 3-d foot tore presurgery planning and dramatically reduced surgery time and a huge success. >> because of all the collaboration that goes on in these maker spaces, beginners are easily able to overcome any learning curves when it comes to

making these physical objects. john? >> all about people making stuff for themselves. that's great story. jonathan serrie, thank you. >> make you a pet rock for christmas. how about that? it will be a merry christmas after all, a charlie brown christmas for one town's up fortunate scraggly christmas tree, it's finally getting a little bit of love. we will tell you about that. 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. major: i'm feeling energized already. avo: new delicious ensure active heart health supports your heart and body, so you stay active and strong. ensure. take life in.

an update, if you will, on the charlie brown christmas under way that started with complaints about scrawny christmas tree. reading, pennsylvania, planning a charlie brown day now to celebrate the city's 50-foot tree. the norwegian pine made national headlines after people fussed about its appearance, like in

the classic peanuts special. now, the city is embrace the scrawny tree and inviting people out later this month to hang decoration and show the tree a little love. >> somebody chop off a branch right there? glad to see the tree lived. and that people are decorating it. there you go >> very nice. thanks, everybody, for joining us. >> "the real story with gretchen carlson" starts now. we start with a fox news alert today. hi, everyone. the white house focusing today on ferguson. president obama meeting right now with his cabinet and civil rights leaders to discuss the fallout of the ongoing protests. i'm, gretchen carlson. we are here to bring you the real story today. so, today's oval office meeting follies week of at times violent protests, as you know, in ferguson. today, demonstrations in washington as well. people taking to the streets, angry at a grand jury's decision not to indict police officer darren wilson in that fatal shooting of