summer. the first comedy album in five decades to finish the top. i think this is coming from youtube. bill: well, you're congress is taking on immigration on this tuesday with homeland security chief jay johnson hot seat as the house, and security committee looking to president obama executive action to shield millions from deportation. welcome to "happening now." heather: committee chairman blessing the president's plans questioning his legal authority to issue executive order saying the move undermines the constitution encourages more people to cross our borders illegally. >> the president said over 20

times he did not have the legal authority to do this, to take this executive action and this is not how democracy works. do you agree with that prior statement? >> chairman, 30 years as a lawyer when someone paraphrases remarks from somebody i want to see the full q&a, i want to see the full context. you know exactly what the person said. i have various excerpts of remarks from the president concerning his legal authority not believe what we have done is inconsistent with that. heather: there you have it, live covering this from the white house. any reaction from the white house so far? >> not yet. this was the first hearing on immigration reform since the president announced his

unilateral action back in november. point man on this volatile issue, department of homeland security came in for a real the berating calling it an unprecedented power grab. >> regardless of where you stand on this issue, there is a right way to do this and a wrong way. unfortunately the president has taken the wrong way. jon: it was johnson who spent months crafting this executive action by himself threatening the legal deal to make sure the past policies would pass muster. he was asked why the president said on many occasions he didn't have the executive authority to do immigration reform on his own. >> i'm satisfied as a lawyer myself and the person who has to come here and defend these

actions that what we have done as well within our existing legal authority. >> authorities in both houses will try to undo executive actions. >> i think there are a number of things we can do. get our borders secure, we know how to do that, by the way. we have the technology and ability to do it. change the 2008 law allowing children to come here and basically stay. >> one example of lax border security, reminding secretary johnson last september he promised to be part four, illegal aliens for the kurdish worker policy. designated a terrorist organization of working with the fight against isis promising they would be deported but three months later none of them have been deported.

two others fled to canada after being released. back to you. heather: thank you. we will be talking about this more throughout the day. jon: former florida governor jeb bush is giving serious thought to run for president in 2016 opening up about what it would take for him to run. while ohio senator closes the door on a possible bid. take a listen. >> i am thinking about running for president and i will make up my mind in short order not that far out into the future. jon: let's bring in the political reporter for "the washington post" and a staff writer for the weekly standard. michael, to you first, which is a bigger surprise? getting out as he has thinking about running for president or rob saying i am not? >> neither are really

surprising. both potential candidates being ordered by donor types in new york and probably saw what is the correct assessment, he did not have much of a path to the nomination except for the fact he is from the all-important swing state. i do think he is not out of the talks entirely. talk about 2012 is a potential vice president candidate. i would say that is just as expected as bush thinking but he is running for president. acting like he is thinking about so wasn't surprised by either news story. >> a pretty good resume if you want to run for president, former member of office of management and budget director knows the numbers and knows the budgeting process very well. he says he wants remain in the senate because republicans are

taking over he will have a larger voice and a greater role to play. makes sense to you? >> while he is in first term of the senate he has reelection race which in ohio is never going to be a done deal from the start. he like a lot of other candidates had to make a decision, going to run for president or am i going to run for reelection? he is still a relatively young guy, he probably just made a calculation that the best path for me is remaining in the senate working my way up and getting more clout that way. it makes a lot of sense for somebody like him. jon: rand paul since we ran for president under kentucky law you can't do that because the law says you can't have your name on the ballot in two places.

his kentucky going to change the law or is the president going to have to pick one or the other? >> he's going to have to pick one or the other. kentucky law could be changed except republicans did not take the state house i was pushing for in the last elections so it is very unlikely the law will change. i think they're trying some other legal challenges although i think that would probably be too problematic. in the end he will decide to run for president rather than running for reelection in the senate. he has to continue with his father started in 2008, 2012 making the case for republican party and a republican party that reaches out to these other groups he claims he can bring to the party. i think he feels the presidency is a much better goal for him than running for senate, but it

shows a problem he and some of these other senators have. they have to make a choice in this. >> hillary clinton's name is always out there on the democratic side, but a poll the other day that showed she was getting slightly beaten by mitt romney, is romney a potential candidate and is hillary in a done deal? >> i think the hillary clinton inevitability is a lot about the lack of other candidates who can beat her in that race. for not a lot of well-established people running against her, so that is why she has a big lead at this point. jon: there is not another senator barack obama. >> there is not even john edwards.

he is not seen as presidential looking at the polls even by a lot of people in the democratic party. i think everybody who serve as a u.s. senator sees themselves as presidential, but that is a big hurdle for him, i think. the fact he is leading by a lot of people having reservations about him shows something about the rest of the democratic field and that is why hillary has a big lead right now. jon: a fascinating couple of years. bush thinking about running. thank you both. >> thank you, jon. heather: they all think they can do wit it. jon: every u.s. senator thinks they can be a potential president. heather: have some new information for you in the battle against isis. there is a report one of the wives of a child of the terror group leader in custody in lebanon today. lebanese authorities reportedly detained the family not far from the syrian border.

they were using fake identification papers, a big intelligence break if they give up information on the terror leader. joining us live from the jerusalem bureau. john. >> heather, you are right. it could be a big break and proved to be a valuable piece of information the pan what they get out of her in the hunt as you mentioned. intelligence officials were working with foreign intelligence officials to track down this woman and her son. at this point we don't know that much about this woman. we don't know her age and where exactly she was coming from within syria. in particular why she was trying to get out of syria and into lebanon. she is believed to be one of the wives of the isis leader. isis has taken large amounts of

iraq and syria operating close to the border of lebanon so close lebanese officials have confirmed they had been actively recruiting inside the country and the lebanese military as we have been reporting to push away from the border and is investing claims there holding soldiers hostage. whether this woman was trying to escape isis and baghdad or working with isis is unclear. whatever the case, this could be very valuable break in the hunt. back to you. heather: we sure hope so. jon: the fbi warning hackers to be on the lookout attacking sony

pictures. north korea thought be a prime suspect because of sony's work on a comedy about an assassination attempt on its dear leader. joining us now with more on this mystery. adam. >> sony pictures says computers are just now getting back to normal. both attacks going on for more than a week began when an image of a skeleton appeared on sony computers internally. as was not something you found when you went to the sony website. they had been hacked by guardians of peace group and threatened to release top secrets of sony. at least five films we know of were released online. corporate e-mails and other systems off-line and the salaries of company executives who make at least $1 million per year were released online. fbi called in when anything like this happens.

it may be linked to an upcoming comedy called "the interview" in which the journalists recruited by the cia to assassinate kim jong-un. they knows the move back in june calling it an act of war. some security experts say could be just the beginning for sony. >> somebody look to get their foot in the door by attacking some and point may be less secure. one theory and application they then try to break into the system further closer to the infrastructure of an organization like sony. >> the fbi sending out a warning of the malware, you get a virus, same kind of idea but in a much larger scale. they're not saying how many victims of the attacks may be targeted but sony would be the first major cyber attack against a company in the u.s. like this

where a lot of details have been publicly released. previous launch the middle east, when you follow these things issue is how far back, trace it a lot will be traced back to china or north korea. have to hopscotch computers and systems all over the world to make the attack back to where it originally from so hard to find. if you could come from north korea or china don't have the exact evidence yet where please they have not released that yet. jon: thank you. >> mother of a nine-year-old girl accused of trying to hire handyman to kill her ex-husband, that crowding underway today. we will have all the details, plus louisiana senate race in the final days. up next the details on what was a very heated debate last night. and she republican jon: to shut down the government of president obama executive order on immigration? go to foxnews.com/happening now

and click on the tab to join the conversation.

jon: a fox news alert and more problems for the city of detroit. apparently a widespread power outage of unknown origin is plaguing downtown detroit right now. several city buildings are without power. the hall of justice has gone dark, apparently joe louis arena, detroit institute of arts, all of them have no power at the moment and nobody seems to know why. no explanation offered yet. fire houses are also having power problems throughout the city of detroit although a number of them have generators. there are reports of people stuck in elevators, you can imagine how frightening that must be especially if there are

no lights as the helicopter hovers over the gm building in downtown detroit. major widespread power outage in downtown detroit. when we get more information of what might have caused it and how widespread it is, we will bring it to you. heather: a little chilly for folks there. the gloves, not at louisiana senate's debate. mary landrieu debating with bill cassidy to try to keep her senate seat. the last debate was last night of the runoff election focus on some controversies, among them the keystone pipeline. john roberts at the atlanta bureau. >> the gloves are off, lot of sharp elbows back and forth. the polls suggested to be a dramatic loss. senator mary landrieu throwing a hail mary attempting to raise suspicion of republican challenger bill cassidy's work

with baton rouge medical school accusing him of getting paid by the hospital even on days he was in washington, d.c. >> the kindest man has padded his own payroll for the last six years entry into an agreement with one of our hospitals with absolutely no record of the work he has done. >> the charges are absolutely false. the dreck supervisor and i have made comments regarding this. taking the comments and proud of the work i have done. reporter: bill cassidy press the theme a vote for landrieu is a vote for the president's policies which is deeply unpopular in louisiana. both kenneth position themselves as friend of the oil and gas administration saying they will press hard to get the keystone xl pipeline built. >> it is a big deal, it needs to get built a a symbol of americas

commitment to build infrastructure necessary. >> it was the bill that passed. >> if early voting is any indication, mary landrieu had a big hill to climb. democratic early voting down 18% from the general election while at the same time republican early voting was up by four points. heather: that could be significant. thanks. jon: energy prices drop and canceling plans for major gas pipeline. what does this all mean for vladimir putin and his ability to exercise power? here's some news you may find surprising.

we're for an open internet for all. we're for creating more innovation and competition. we're for net neutrality protection. now, here's some news you may find even more surprising. we're comcast. the only isp legally bound by full net neutrality rules.

jon: right now, search for missing college students outside of philadelphia in the fifth day. shane montgomery from was chester university was home for the holidays last seen leaving a pub wednesday night. the trial for woman accused in a murder for hire getting underway in connecticut today. accused of trying to pay a maintenance worker to kill her former husband. facing one charg charger attendd murder. prosecutors in another murder for hire trial seventieths and final witness today. accused of hiring handyman to kill his wife. worker pleaded guilty to murder but says she forced him to do so at gunpoint. press your say he wanted his wife 401(k) and life insurance money to support a lavish lifestyle with his girlfriend. the trial action delayed by the

power outage in th the detroit. heather: abandoning the plans for gas to europe this white is seen as a victory by european union and obama administration over vladimir putin. this is something many say to celebrate. russian president will direct the slider to turkey. kt mcfarland former deputy assistant 30th offense under president reagan at fox news security analysts. so, is this a win gone through turkey and not europe, is this a win for us? >> it is such a huge win. everybody said we are running out of oil. we need ultimate source of energy. in 2008 everyone said we can't do anything about it because russia will have all the energy and natural gas to europe. flash forward to today. energy revolution and we have

been at the forefront of it. as a result of that russia and other ones are broke. they are sitting on top of the economy. 10 years ago they did not use it wisely. they did not build alternate forms of manufacturing. they didn't build infrastructure, they got rich oligarchs, people got subsidies. as a result oil prices stay do down, russia doesn't make payroll. heather: they could be lucrative deals with the chinese, turkey, that alliance does not sound like it is a good thing for the united states. >> we're going to be able to set the price. all of the major wars have been fought over energy. the countries who have had it

have been rich, the countries you haven't have been broke. russia is making deals with china, making deals ultimately with iran and turkey. at the end of the day they are constricting because they're running out of oil and natural gas, field is playing out. heather: we have the technology and oil and gas, explain. >> couple of clinica political decisions. he will have cheap oil decisions, creating new jobs. there will be a second wave when manufacturing, which used to be too expensive to make things in america has kept some back because cheap energy and the cost competitiveness makes of cheaper than anybody else. they're cheap energy varied up with high tech stuff, 3d printing, final engineering, the

stuff on it we have been able to develop and that is energy and economic and manufacturing renaissance for the united states. heather: it is so nice to hear some optimism because so much has been about the threat of additional terrorism, not to mention an economy good when you look at the specifics but nobody feels like it is a great economy or many americans don't feel like it is a great economy. >> understand within five years the united states is going to have an economic boom and a renaissance make the previous tech boom and original industrial revolution pale by comparison and only our country can do that. heather: we would love to see that happen. thank you so much, kt mcfarland. can you beat that? jon: i like the sound of it. thank you. oil prices are plunging.

will the freefall continue and how will it affect your holiday shopping? plus the jodie area's defense team making a request at the retrial. what they want off the table. our legal panel weighs in.

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heather: a fox news alert to bring you right now. we're looking live at some pictures coming out of detroit, michigan, where there is a power outage there. this is pretty significant. at least 100 buildings are being affected so far. many schools as well. detroit school system calling it a half day for students in the detroit school system. we understand the police are evacuating some of the buildings. widespread power outages in that city. temperatures are 30 degrees. so it is a little chilly. imagine how frightened people are who are trapped in some elevators in the high-rise buildings. rick leventhal is in the newsroom talking to folks on the ground. rick? >> reporter: we don't have word what caused this power outage. we're told investigators are looking into the matter. it does not affect the entire city of detroit. it affects part of the city

served by the public lighting departent. it is affecting many buildings as you mentioned including several major structures including the joe lewis arena and detroit institute of the arts. many schools are reporting power outages. they're moving to half day, early dismissal because of the power issue. firehouses have been without power since 10:30 this morning. some have generators so they have emergency power. there are crews responding to people stuck in elevators in many buildings. including several government buildings and some courthouses. we're told many intersections are now without working traffic lights. of course detroit declared bankruptcy in july of last year. there is no indication that has anything to do with them not paying the bills. in fact they were just in court trying to get out of bankruptcy. a judge could rule on that very soon. that could help detroit's future. meantime many of the city's 690,000 residents dealing with that major power outage in downtown detroit, heather. heather: that affecting so many

people there. this happening just about an hour ago. that is when lights started to flicker in downtown detroit. rick leventhal, we'll keep an eye on it for all of you and bring you the latest when we get it. well, in the meantime plunging oil prices could be a big boost for consumers during the busy holiday shopping season. oil prices could keep falling which could help some big american companies as well. joining us from the fox business network, lauren simonetti. hi, there, lauren. businesses love this kind of thing because it costs them a lot less to get their goods from point a to point b. >> if you're not exxon or chevron you love this story. oil prices around $68 a barrel. at the gas pump you're paying $2.76 nationally. most states selling regular unleaded, heather under three bucks. even california which historically have high gas prices they have them today at 3.05. this is great news for drivers and great news for holiday

shoppers and if the drop continues, and by the way, aaa expects gas prices to fall another 10 or 20 cents. the average american family will save $1100 a year. that is a lot of freed up cash. transportation companies are saving money. big airlines pocket $40 million for everyone penny that jet fuel falls. there are losers. cheap oil is draining hundreds of billions of dollars from oil exporting countries and oil companies and that could lead to one of the biggest transfers of wealth in hit, potentially reshaping talks over iran's nuclear program. iran is an opec member. to the federal reserve here at home and our policies to stimulate the economy. cheap gas is a stimulus itself. and it might mean less interest in green energy going forward. and the big question facing investors, companies and policymakers is, how low will prices go? oil prices have fallen from a high of $107 a barrel back in june. one oil man, the chairman of

canadian national resources, says they can fall to, get this, $30 a so down another 50, 55%, heather. >> nice. thanks, lauren. airlines never give our money back. they keep charging the fuel surcharge. >> one of those things you can't explain. heather: call them up and yell at them. lauren simonetti from the fox business network. if you're not sure where to find it in your area, go to foxbusiness.com/channelfinder. jon: jody arias's lawyers want a judge to take the death penalty off the table in her sentencing retrial. it is a case that began more than six years ago, when in june of 2008 arias's ex-boyfriend, travis alexander was found dead. one month later arias was indicted on first-degree murder charges. five years after that a jury found her guilty. but the jurors could not agree on a sentence with the judge declaring a mistrial in the sentencing phase. now in a sentencing retrial, a

new jury will decide whether she lives or dies. talk about it with former prosecutor doug burns and fox news legal analyst lis wiehl. so her attorneys say that there are several witnesses who would testify what a great person she is apparently but they won't testify in open court. therefore they, her attorneys are saying she can not get a fair sentencing -- >> transparent ploy bit defense attorneys to try to put this out there. many of these people already testified. which means the sixth amendment clause in the constitution has been met. she had right to confront accusers before. now they say, they have gotten to the sentencing stage they won't testify. boo-hoo, take the death penalty off the table. it will not work with any judge. jon: what about it, doug. >> the point the judge has the power to direct them to testify. in my case the guy insists i'm not testifying.

the judge held him in contempt 6 court and put him in jail. the courts have a lot of power. if they want to refuse to that level they have short phase of imprisonment. they have keys to their own sentence. >> this is one thing they can do but it is not going to work. >> also, sorry to interrupt, it would be very interesting. they're saying, take the death penalty off the table because these people won't testify? wouldn't it be interesting, and i am not suggesting this, if the lawyer was somehow involved with the decision. >> oh, my goodness. >> jon: lawyer saying hey, you don't want to testify? an officer of court would do such a thing. >> can not be in this company and hear this kind of talk. would never happen a lawyer would do that. jon: i do wonder about the constant moving of the goalposts by the attorneys and jody arias herself. does anybody remember this comment? >> yeah, right. >> i said years ago i would rather get death than life. that is still true today of i believe death is the ultimate freedom. so i would rather have my

freedom as soon as i can get it. >> you're saying you actually prefer getting the death penalty to being in prison for life? >> yes. >> that is before she decided she would sell her hair and grow her hair. that would be better for people if she were alive. jon: that was more than three years ago telling our fox affiliate that she wanted the death penalty. now -- >> i said before, give her what she wants, jon. jon: she changed her mind. she did recant that statement. now her attorneys, her attorneys predicted that if this retrial was televised, if live testimony was allowed, that witnesses would refuse to testify. so guess what? the judge caved, said, okay, no live, nothing until after the verdict. >> right. >> they keep moving the goalposts. >> but on the other side of this for the defense, if they the prosecution loses this one more time, that's it. jon: you're predicting that -- >> i think you will have another deadlock because i just think that again, lis looks at me like

i'm crazy when we say this, this is not a death penalty case in my opinion. >> i think it is. jon: we'll see what happens. after the verdict comes in, assuming they're not deadlocked, we'll play some of the highlights of the court testimony. all right, doug burns, lis wiehl, thank you both. >> my pleasure, jon. heather: knew hope in the fight against cancer. researchers at one university reveal clinical trial results that may mean the end of chemotherapy. like my potassium and phytosterols which may help lower cholesterol. new ensure active heart health supports your heart and body so you stay active and strong. ensure, take life in.

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him suspended from the nfl. his wife moved on what he calls one bad night. will the fans move on? should a team take a chance on him? >> plus overpacking. we all do it. an expert tells us what not to bother squeezing into that suit kise for our next vacation. i hope it is gym shoes. >> you know you need 13 pairs of shoes for two days. i'm just saying. >> i don't disagree. >> back to jon. jon: i need packing advice. i underpack. i never pack enough. >> really? i can help you out with that. >> she can. jon: look forward to it. >> see you then. heather: as long as you're willing to carry the booing too. jon: there is that and pay the baggage fees. >> there is potentially good news. there is a new breast cans irvaccine in development at washington university in st. louis and showing bomb promise in small early clinical trials. so far the vaccine is

proveproving to be safe for patients with metastatic breast cancer. early evidence suggests that the vaccine helps slow the cancer's progression. they're planning a larger clinical trial to test the vaccine in newly-diagnosed breast cancer patients. let's bring in dr. erica hamilton. she is associate director of the breast cancer program at sara cannon research institute in nashville. good morning to you, doctor. we hear about these types much things a lot. how significant is this research? >> yeah, thanks for having me, heather. i think this is really promising. this is an early trial. it was 14 patients with metastatic breast cancer that they looked at. they tried a new vaccine against a protein expressed on cell surface of 40 to 80% of cancer cells and their primary objective really was to look to make sure this vaccine was well-tolerated and it looked like it was. heather: so as i understand it about half the patients, their cancer didn't progress, which is

great news for the half of the patients. but what we're talking about here is the ability to use the body's immune system and develop a vaccine to actually go out to attack those cancer cells. is that the wave of the future for fighting cancer, using these kinds ever vaccines? >> yeah, you're exactly right. our standard treatment for cancers right now are radiation therapy, surgery and then their put beings like chemo, chemotherapy as well as targeted agents but immunooncology is a rapidly advancing field. we have seen approval of several of these agents in the past couple years and it is a really attractive option especially for patients being able to get results that are similar or sometimes even better than chemotherapy without as many of the side-effects. heather: we could see the end of chemotherapy and radiation? >> we would love nothing better. heather: we hope so. how long before this is available to patients? people are fighting cancer, try to get into clinical trials.

just the regular chemo and radiation is subpar frankly when it comes to fighting some cancers. >> right. we've seen the approval of some of thieves agents. there is a vaccine approved for prostate cancer called provenge. we've seen approval of agents for some other type of cancers. these all kind of fall within the umbrella of immunooncology or using the body's own immune system to fight cancer cells. as far as the timeline for this particular vaccine against mamoglobin-a i think we're still in the early stages of testing this. this is a small trial with only 14 metastatic breast cancer patients but i know they're planning a larger trial to look into this agent further. heather: i don't want to try to nail you down too much are we talking months or years and years? >> it will be years unfortunately. a larger trial sneads r needs to be designed. our standard trial is something called randomization. we take a group of women that all qualify and half get the

therapy and half get something different or not this particular vaccine and we compare how they do. so you know, for this next larger trial to enroll enough patients to follow them for a period of time we're probably talking a couple years out. heather: doctor, thank you so much for joining us. dr. erica hamilton. you and all the cancer doctors do so much great work. as a person who dealt with a family member with a very serious form of cancer and didn't make it, thank you for what you all are doing. >> it was a pleasure. thank you so much for having me. heather: we'll talk to you again. jon: a fox news alert and a scary situation underway right now in washington, one of the suburbs of the seattle area. a suspect apparently crashed his car through the front doors or windows of that sporting good store, the big 5 there, is inside refusing to come out. firefighters around police have responded but police are treat

this one very cautiously because the sporting goods store there are guns inside and ammunition as well. they fear the suspect or suspects may have access to that stuff. we're on it. back in just a moment with more. i don't know my credit score. don't you want to buy a house...like, ever? you should probably check out credit karma, it's free. credit? karma? free? credit karma. really free credit scores. comfort keepers can provide a variety of custom in-home services

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buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? 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. jon: fox news alert. a major power outage plaguing downtown detroit right now. 100 buildings we are told, many of them those tall office towers are without power. people are stuck in elevators. police are reportedly radioing that they are afraid of running out of gas in their patrol cars because the pumps are not working. this is described as most of the municipal grid is down. whether that means municipal buildings only or the municipality of downtown detroit it's not quite clear.

let's get some information from bruce blakeman, a guy who has some experience handling this kind of thing. he was port authority commissioner for new york and new jersey in 2003. also the chair of the security committee there when the big new york power outage hit this state as well as large swaths of canada, pennsylvania and others as well. what is job one when you have a power outage like this? so far there is no word what caused it. >> well the first thing you have to do, even -- see what assets are available. people are stuck in elevators. we had people stuck in railcars. we had three major airports that we had to keep open. and we had to make sure that people that were stuck there had necessities they needed when you have a situation where basically there's no power. so you inventory your assets. you apply your assets to various areas.

back in 2003, it was post-9/11. the first analysis we did whether or not there was a terrorist component to it. because obviously there was a terrorist component there would be could be a prelude to a bigger attack. jon: we had story the other nations like china, there was testimony before congress that nations like china have the ability to shut down the grid in this country. they could do it through cybercrime effectively. nobody is saying what the cause is here. nobody seems to know right now. very quickly for the people stuck in elevators, is there usually some kind of emergency lighting or are they completely in the dark? >> there is usually some type of emergency lighting but not necessarily emergency power or movement of the elevators. it depend on the building. jon: yeah. >> some buildings have backup generators. but when the grid goes out, basically you're back in the middle ages as far as the loss

of electricity. it is very, very big problem. jon: what a mess. bruce, thanks for sharing your insights. we're continuing to follow this story. back in a just a moment.

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