>> rollers hariet. >> outnumbered overtime and go to outnumbered on the web. we'll be back tomorrow at none. "happening now" starts right now. >> we begin with a fox news alert. we are waiting from the mayor of detroit after a massive power out age. public buildings are evacuated and the entire public lighting system is down. and fox affiliate in detroit all city fire houses are without power. some have generators and able to respond to emergencies. detroit press said it was caused by a major cable failure and the power company is working to make the repairs. also this fox news alert has president obama's executive orders on immigration come under

the microscope on capitol hill with second of two hearings and giving in to administration's move to shield 5 million people from deportation. >> it is just getting under way and they are looking into the legality of the president's plan. this is "happening now". >> taliban attacks in afghanistan surge in the last two weeks. the terrorist responsible for a dozen deadly assaults. is now really the time to pull out u.s. troops? plus, a montana man in court today accused of killing a german exchange student. each side presenting a different account of what happened. was it a home invasion? or was the teenager set up? >> a car chase takes an unlikely turn. >> the accused car thief and his odd get away attempt. >> he's running from the kot

cops. >> why the police were not the ones to stop him. it is all "happening now". but we begin with high drama on capitol hill. law makers on both sides of the aisle try to keep up with a plan to keep the government open for business. republicans are trying to put constraints on agencies tasked with carrying out the president's immigration orders. welcome to "happening now". i am jon scott. >> and i am heather naught for in jenna lee. >> i said the republicans would fight the actions. and we are looking at a variety of options and when republicans control both houses of the congress next year and we'll continue to discuss with our members, a number of options in

terms of how we will deal with this. >> our chief congressional correspondent mike emmanuel is live with us on capitol hill. mike? >> reporter: heather, they are going through them right now. immigration is a major complicating factor. top law makers work on a government extension sxshths house judiciary committee is starting a hearing entitled "president obama's executive over reach on immigration. ". one called the president's plan lawless and has the house conservatives fired up with a fight with the white house. >> they are holding together and the president, he can shut the government down if he does it that and we'll say here is the money you had last year and now you want to violate the constitution. >> reporter: the house is considering a plan to fund the vast majority of the federal government from december 11th,

through the end of the fiscal year. but the bottom line is, they are talking about funding the department of homeland security for a few months which jay johnson said doesn't work. >> i know some are comtemplating some form of short- term cr, for the department of homeland security to get us to march. that is in my judgment, a very bad idea for homeland security, because during that period of a cr, we can't engage in new starts. jushgs speaker john boehner said the president going around congress complicates everything on capitol hill and expressed frustration earlier. >> this is a serious, breach of our constitution, it is it a serious threat to our system of government and frankly, we have limited options and limited abilities to deal with it

directly. >> reporter: it is difficult to see how a democratic controlled senate and democratic president would agree to fund the department of homeland security for a few months. >> thank you, mike. >> they are looking at president obama's immigration orders with homeland security chief jay johnson on the hot seat. >> how can you create a class of people who are beyond prosecution and not be violating the constitutional separation of powers in which congress is articulated its intent? >> first, during the period of deferred action. you can lose membership in the program if you commit a crime. >> you can also have a lawfully

articulate ability to be under the president's directive if you don't. and that is a expression of constitutional protection that does not exist. >> let's bring in daniel, deputy editor of the wall street journal. i know you have listened to some of jay johnson's testimony. is he trying to defend the indefensible. >> he's not doing that too well. the members of the committee are raising right questions. the one we heard now and another question was asked to secretary johnson is whether by legalizing the individuals if they pay taxes, does that mean they are entitled to social security and medicare? and his answer well, they are young and they are not going to get them. nevertheless, if the answer to that is yes, federal money is committed in the future and that sounds to me like an

appropriation which raises the constitutional question that the members of the committee are asking him right now. and a practical level, are you telling us that you are actually going to go through 4 million individuals on a case by case basis and make a judgment on whether they can stay or not? the numbers are really like a million people. that doesn't give an adequate answer. million answer and bureaucrats trying to decide on a case by case basis whether anyone qualifies or not qualified. i don't believe as a practical matter that will work well. no homeland security officer out there is going to tell people you have to go home and you get to stay in the united states. is shoes the messiness you get with an excutive order pulled together by the president of the rather than the proper legislative procedures.

>> right, that is the argument for the executives order ares with bush 41 and reagan regarding immigration. that they were cleaning up loose ends by measures passed by congress. this is something that the president did on his own. >> reporter: this is larger. they were doing house keeping around an active piece of legislation. in this case, the president is taking it upon himself to say he will, the idea of prosecutorial discretion and that is the sort of thing prosecutors are using if they are trying to decide if they are going to prosecute for stealing or murder. not 4 million people. this runs close to being a legislative act by the president. but john boehner said there are limits to what congress can do to stop the president. it is next year when the

republicans have control of the senate and house will address the issues in a substantive way. >> you think the president's by politics rather than fixing the broken immigration. >> this relates to the government shutdown. most voters think it is it a republican thing. democrats don't close the government. they are not associateed with that. i am convinced that the president's actions here are totally political and trying to bait the republicans of going ballistic and threatening to shut down the government. the white house is desperate to go on offense after that midterm election loss and looking for a way to do that. so far it doesn't look like republicans are taking the bait.

>> daniel heninger. thank you. >> we want to hear from you. we'll have a live chat up and running and go to fox news.com/"happening now" and click on america's{link to join the conversation. >> now isis and concerns about foreign fighters inclutteding americans joining the terrorist group in syria and iraq. today the top counter terrorism official testified about this growing problem before law makers on capitol hill. our chief intelligence correspondent is live with the story and new concerns about what could be used in terror attacks. joishgs thank you, at the hearing, the official reveal would new detail its about the terrorist groups and the efforts to circumvent airline security. they had tried to conceal bombs and commercial areas and areas of the bodies not normally

searched and shoes and cosmetics and liquids and information about the american suicide bomber from florida who blew himself up in may, with isis or isil, and later releasing the martyrdom video. homeland security learned he was working with isis after the fact. >> the intelligence that he was fighting with isil was developed after he deported and certainly, obviously, you know, it is unfortunate he chose the path he did. he come back in the the united states, there was measures taken ihis case based on the status he had when we learned he isil. >> 15000 foreign fighters are in iraq and syria and majority coming from visa wafer countries and the number of americans is

pegged at 100 which is seen as extremely conservative in intelligence circles. and law makers are told that isis is capitalizing on the education and skill that americans bring to at this time the table. >> i think there is it a perception that some are used as suicide bombers and they are valuable. and they have skills in social media and whether it is it skills in the repair and maintenance of equipment or medical or other skills. they are put to use in those areas and used as fighters themselves. >> separately, fox news confirmed the identities of the two americans who travelled to syria. a california woman who married an isis fighter and the second a former paratroopers who served in iraq. >> thank you. >> the taliban stepping up violence in afghanistan and

raising concerns about its resurgeiance. 12 high profile attacks on international targets in kabul over the last two weeks and including the one that killed the family of a south african doctor working with a charity group. jennifer griffin joins us live from the pentagon. jennifer. >> reporter: hi, john. so far this year 36 aide workers were killed and 95 wounded and more aide workers killed last year by the taliban. what happened in the past three weeks, the taliban is targeting foreigners in kabul. aide workers are urged to leave temporarily. and the canadian embassy said if you are in afghanistan, you should leave. threats to foreigners including canadians from terrorist and criminal violence is high. the high- profile attack on the

the california based charity of academics and developments left three africans, a father and teenage son dead. the mother has decided to remain in kabul in defiance of the taliban's attempt to frighten international aide workers. they are timed by the taliban to discourage international groups from staying and making it look like the taliban and insurgent are pushing nato and american out of afghanistan. admiral john kirky said the u.s. plans to draw down by the end of the year. >> combat mission comes to an sxend we are on track to get down to the proscribed level of forces by 10000. >> and white house doesn't want to make the same mistakes as it made in iraq. and president obama reversed the

previous band on night raids and air strikes. there will be more american military action in the coming weeks as they try to push back the taliban attacks, jon. >> thank you, jennifer. snr >> and more "happening now" just ahead. people with type 2 diabetes come from all walks of life. if you have high blood sugar, ask your doctor about farxiga. it's a different kind of medicine that works by removing some sugar from your body. along with diet and exercise,

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>> only in california we have seen our share of police chases here. this one takes the cake. a suspect driving in a stolen bmw gets caught in traffic and makes a break for. it watch the guy in the red jacket. he takes off down the sidewalk and officers in hot pursuits. and that is actually a skateboard and tooled down the road way and makes it a half a block before he abandoned the skateboard and takes off on to the once again. and next thing you know he's back in traffic and as things are getting weird here. watch the red truck. the driver of the truck is

reality tv stars and hops out and throws a blocking move and that allows the police to move in for the collar. >> he's running from the cops and right on him. there is 6 or 7 cops and he got on the skateboard and started moving and it was instinct. block the guy off and slow him down a bit. >> nice move. >> that is lou from trutv operation repo. the suspected car thief was taken into custody. >> thought he could commit a crime and just skate. >> you know that all of the la news station focused on that nonstop. >> and the captain of the wrecked cruise liner takes the stand for the first time in his trial. he is charged with abandoning

the costa concordia and leaving thousands of passengers to try to save their lives. 32 people died in the shepwreck. amy? >> reporter: hi, john, the captain arrived in court 45 minutes late and he said he didn't want his face to be shown and only his voice to be heard while he testified. it was an unusual hearing. he denied that he was swung the costa concordia to impress a dancer that night. someone who said she was having an affair with him. rather he performed the salute for the benefit of the former captain that lived there. and for those on board to have a little show. he called that killing three birds with one stone. he could face 20 years in prison

for manslaughter and abandoning ship if convicted. this was the chance to set the record straight. he took responsibility of the crash of the costa and blamed others for what happened after. and his lawyers said running the ship in the rocks didn't kill the 32 passengers and crew that died but blamed the back up generator and cabins to remain tight close for the deaths. he didn't jump ship, he said he fell in to a lifeboat. but the rescue efforts and evacuation efforts were late and chaotic reportedly, and the remains of the last passenger were only discovered a month ago when this crash happen in 2012, john. >> what a story, thank you. >> and witnesses springing into

action after a car takes a terfoying plunge in the canal and it was all caught on tape. and trapped in qatar, the california's couple's harrowing ordeal after the death of their eight-year-old adopted daughter. this is humira helping to relieve my pain and protect my joints from further damage. doctors have been prescribing humira for ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. it's proven to help relieve pain and stop further joint damage in many adults. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common,

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matt, thank you for joining us. what are the officials saying about why you can't come back to the united states even though you are acquitted. >> we were acquitted earlier this week. we were just told by authorities that the qatar authorities plan and we might be able to leave qatar. >> you don't believe that that may happen until it actually does? >> it's possible but until i am on a plane and i reach the u.s. soil, i can't believe it. i don't believe that that would be the case. >> matt, you were going to the airport this weekend and you and your wife. and we are looking at video of other children you adopted and you are on the on the way to the

united states and authorities prevented you from going home. your story is new to a lot of americans here. your eight-year-old daughter died in your custody which i can't imagine how tragic it must have been for you and your wife and family. can you tell us what >> my daughter died in the hospital. officials did cpr on her and she died in the hospital. we think she most likely died of cardiac arrest but the qatar authorities bungled the autopsy. >> i understand that there was a parasite she had had since birth and attributed to medical problems and may have been the cause of her death? >> we don't know the true cause of death. and the qatar authorities are unable to do a proper autopsy.

>> secretary of state john kerry looked through a lot of the documents provided to the court and they clearly establish your innocence. are you getting the help from the united states government that you need? >> we have heard from the united states government. and we continue to request and sure we are leaving tomorrow. you are a united state citizen. and racism, your race has played a role in this somehow. can you explain how it was told to you? racism doesn't explain the false

allegations. and we are innocent and the courts have shown we are innocent. we hope you are able to make it on the plane you have two adopted kids back here. and i am sure they miss you. >> what a story. a lot of countries it is it a foreign notion to them that an american would want to adopt a foreign child. it was illegal at the time in over there for an iraqi child to be adopted. here we are talking about qatar. >> and what an ordeal. >> after losing their daughter and now this. >> so sad. >> it is it a huge intelligence break in the fight against isis. we'll tell you who was taken

into custody. >> a man admits to shooting a 17-year-old but he said he's not guilty of a crime. late founder of apple defending his country in court. how he is doing that from the grave.

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>> a new development in a potentially big one in the war against isis.

authorities in lebanon arrested a wife and son of a bu bakr- al- baghdadi. and they are calling it a valuable catch. they hope the woman can lead them to a l- baghdadi himself. hi, there, peter. how significant is this catch? >> it could be very significant but depends on how the group of individuals are used. the lebanonese are holding them and there is a possibly they are a bargaining chip. some lebanonese are held by other groups and the islamic state. snrngs you are talking about lebanonese soldiers are held and

so the idea they could be switched out for a lbaghdadi's wife and son. how likely is that to happen? >> it is a possibility. we don't know upon how many wives he has. rumor was 2 or 3. and under islamic law he can have four. and told that the syrian government captured the first wife and did the same thing. did a prisoner swap with the islamic state. but the real interest is to get intelligence on al- baghdadi who is the leader of the islamic state. and so this is a very interesting situation. islamic state has undertaken a number of attacks in lebanon. that is home of hesbollah and they are fighting against the islamic state in syria. it is a complicated source of

issues. and no guarantee that the united states would get access to them to interview them to get information from them. >> you have been in that situation before, how likely are we able to negotiate a deal with the lebanonese to get our operatives in there to ask questions. >> the lebanonese may decide not to and may do it themselves. we should ask and other western intelligence who may have better ties with the lebanonese should ask. it is not clear or the lebanonese may not do it so it doesn't get in the way of a prisoner swap. it is very interesting and these people potentially, heather, have a lot of important information to use. >> also the wife and son.

we'll follow that one. and peter, we want to ask you about afghanistan, there is a bunch of attacks getting close tore kabul. and the taliban over ran a military base and the u.s. military insists that the taliban is not making a resurgence there, do you agree with that? >> if i look at numbers, we have sewn the number of attacks in kabul double since last year, if my numbers are correct. and also we would expect that the fighting would be winding down as the winter comes around. but we are seeing stuff. and the taliban and network are trying to send a signal not only to the united states, drawing down its forces. we'll be down to 10000 next year, but also the government in kabul that is a power sharing arrangement and a bit of a security vacum and the afghan

people saying we are around. you should make the right choice and side with us. we are powerful. and they are looking for new followers and funding and foot soldiers. it is important to watch. what we are seeing iraq today, we may be see nothing afghanistan in the the future. >> i have to wonder if they are seeing the success, unfortunate success that isis is having and helping to push them along. thank you, peter. we'll talk to you again soon. >> jury selection underway in montana. where a man admitted to killing a 17-year-old german exchange student sparking a debate about the u.s. gun laws. he was shot in april. marcos is accused of firing a shotgun from outside after a home security system alerted him to the intruder.

joining us now is former federal prosecutors. >> doug, charge is deliberate murder and could be a 10-100 year prison term. what about the castle doctorine. >> when you are speaking about defending in your home it is different. here's the rub and problem. normally it is interesting. if you think that the person is committing a felony on your property you can use deadly force unlike self defense where you have to be in fear of death. here's the problem though, the prosecutors and i am smiling, what a gloss they put on this, they say the victim was garage surfing to find something to drink. that is not a joke, that established, he was not there to

commit a felony. i am not saying. >> a little more context. the defendant had been burglarized several times before. he set up home surveillance and sitting there 24- 7 looking at home surveillance and allegedly keeps it open a bit and puts out a purse there. prosecutors say to lure the victim here in to his garage. it was not like he wily nilly, i agree with doug. in the montana castle law, it is broad and there was a similar case in the same case where somebody came in and the guy having an affair with a guy's wife, he killed him and got off. >> if it is it is established that the victim was not guilty of a felony, he would be guilty of the crime. >> i had numerous break ins.

when my kids were inside and i was staring through the glass at a guy trying to break in my house and it took self control not to whack him under a baseball bat. >> in the law in montana you could have done. that here it is the garage. so it is it still presumably your home property. >> also, he shot through without knowing who was there? >> now german prosecutors are going after this as well potentially. >> can they do that? >> they can look at people who committed crimes against germans on foreign souls. he could be extradited? >> i don't think so. >> certainly not if he is acquitted. >> i don't think they will tradite him. >> we have another court case to talk about. apple's late founder will testify from beyond the grave.

steve jobs will appear in a videotaped deposition. jobs will defend actions in a prerecorded video. that video has not been released to the public. the accusation is that apple designed the early versions of the ipod to play music, that were already in the cd collection or down loaded from the itunes store. >> and look, smoking guns, there are smoking guns in 2003. he wrote the e-mail. we need to make sure they cannot use the ipad, is this going to be an issue. that is one e-mail. >> if this behavior indicating agreements and implicates anti- trust concerns. and i am sure people realize this and it sounds like a joke but it is not. witness permanently unavailable. >> right. >> and the video statement, he

is trying to exonerate those actions and his company. and the the e-mails seem to suggest a different story. >> not good. i guess he didn't realize not getting the e-mail. >> one expert said apparently he put stuff in e-mails. and as you just said, it is like he is testifying against himself. >> one way to keep it out whether he was cross examined in the deposition in the grave. the other side lsd're could say we didn't have a chaps to cross examine him. >> and it is it a pretty happy holiday for automaker ares. car sales are up and so is the debt. and here's why from fox business. [ breathing deeply ]

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>> hey, everyone. i am gretchen carlson. breaking news out of detroit. a major power out age is

creating hafoc in the heartland. we'll bring you the latest. and a startling new report on the affects of football and on kid's brains even if they don't suffer a concussion. how does that affect kids and grandkids who play soccer. just how dangerous is that? and meet real people making a real difference and helping veterans and amputees. they will help change lives forever. you will meet them in the top of the hour. >> new car sales are soaring now. and that is good news for automakers. chrysler is the big winner in the month of november and sales rising 20 percent. and general motors up 26 percent. and ford down a tad. and aefrmg new car loan is 28000. for used 18000. and so what is going on? joining us is cheryl. >> we got to the point we

couldn't drive our old cars anymore. >> no kidding, low interest rates on autoloans. there is three big things to the story. first is interest rates four percent on a new car. and used cars 4.9 percent and low gas lone prices and consumers were going in the dealerships over the holiday weekend and pick up like gm offering 20 percent off. and buicks great deals and the advertising campaigns for the automakers hit home with consumers this past weekend. you can get crushed at walmart or buy a new car and that was the advertising messang and it resonated with people. it is surprising to see the a d campaign. >> good for the automakers and what does it mean for us to carry that much debt? >> i would like to have a safe

car and some of the prices were good. but you need new vehicles and at this point after the recession, these are the best numbers that we have seen in 13 years. and more fuel efficient cars are coming out and technology is improving and safety features are excellent. recalls aside. >> i think people are hanging on to their cars for a long time. and probably can't afford it anymore. >> and cyber monday. sales were not meeting up expectations. it was up eight percent. >> that is for on line sales. it is the mobile sales component of the number. ibm did a break down of the numbers of cyber monday which was just yesterday. i found four times more likely to buy an iphone than android.

and mobile traffic was 41 percent of the sales. smart phones was double that and of even tablets. >> are they buying electronics? >> a lot of electronics andammazon was throwing out deals, too. >> member of the casone family member was. and those deals are not where they want to be. >> and we like to hear that part. if you are not sure where to find fox business, go to fox business.com/channel finder. way whole bunch of people including sheryl. check it out sdwloosh cheryl has me wanting to buy a new truck. just saying. a dramatic rescue caught on tape after a car veers off a road and plunges into a canal. we'll show you what happened next.

a mudslide shuts down a major california freeway, and it might not open up any time soon because more heavy rain is on the way. . for over 60,000 california foster children,

the holidays can be an especially difficult time. everything's different now. sometimes i feel all alone. christmas used to be my favorite. i just don't expect anything. what if santa can't find me? to help, sleep train is holding a secret santa toy drive. bring your gift to any sleep train, and help keep the spirit of the holidays alive. not everyone can be a foster parent, but anyone can help a foster child. we're for an opens you internet for all.sing. 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.

>> take a look at this. the witnesses there perform a dramatic rescue. this happened in eastern china. surveillance video shows the driver losing control, swerving to the left before hitting the water right there. that's when witnesses jump into action. one man broke the car's window. the other used clothes off his back for a rope. the group was then able to pull the woman to safety. now fox is taking the bad with

the good in skal cal. much needed rain is finally falling on that drought stricken state. this one on the legendary pacific coast highway. authorities say they are bracing for more. janice dean live in the fox extreme weather center for us now. j.d. >> ultimately this is an excellent story for those in southern california. you are going to take the possibility of flood and mudslides because the rain is here. epic drought in the state. look at this moisture that is streaming in to los angeles. down towards southern california. up towards san francisco. that's going to continue really for the next 24, even 48 hours. a lot of moisture in a short period. of course, the burn areas were concerned with flooding, and the mudslide potential. overall this is excellent news for them, and look at all of the rain they're going to get in northern california. even down to southern california. a couple of inches. the ski resorts jumping for joy. they're going to get quite a bit

of snow out of this one. of course, john, flood advisories remain in place for a lot of the big cities for flash flooding and especially across those burn areas. this is a great news story, though. we'll talk the bad news for this one. >> yeah. meteorologist janice dean. thanks. >> nice to see you. >> always great to see j.d., isn't it? >> love it. speaking of cold weather and possibly snow, a very friendly polar bear just wouldn't leave some workers alone. she kept visiting over and over again. why the bear kept coming back and what they did to make sure she wouldn't come back again? i like seeing the polar bear. why do they want to keep her away?

>> this curious 2-year-old polar bear kept looking for food.

she was trapped and taken away three times and yet returned. they shot her with a tranquilizer dart and hauled her away with a helicopter. media reports indicate she will likely end up on another island or maybe in a zoo. >> she's cute, and fast. >> and scary. >> not very friendly. >> thanks, everybody, for joining us. >> "the real story" starts now. hi. i'm gretchen carlson. welcome today to "the real story." house lawmakers are getting back to work today. president obama's act on immigration, top of the docket. the judiciary committee holding a hearing that's happening right now, as you can see on your screen. earlier today secretary jay january son defending the president's move on immigration to the homeland security committee. >> the reality is that for decades presidents have used executive authority to enhance