martha: it was his birthday, did he mention that on the way out? bill: i think he blew out all the candles. martha: "happening now" starts right now. goodbye, everybody. ♪ jon: a very busy day ahead on capitol hill as lawmakers debate on ways to avoid a government shutdown next week also pushed back against president obama executive orders on immigration. welcome to "happening now." heather: lawmakers a house and the senate spent the past $585 billion defense spending bill that covers everything from can benefit to training and arming of moderate rebels in the fight against isis. republicans are about to be to e

a bill that would change u.s. immigration law. u.s. majority leader harry reid has already declared that measure dead on arrival. chief national correspondent mike emanuel is live on capitol hill. what th do republicans in the he say in response? >> they're clearly disappointed but will go forward with this bill today. expect to hear from john boehner on immigration and more. the other hot topic of the day. some are critical of the multi step approach's bill is all about house leadership trying to win over some of the most conservative members. >> people are going to conjecture all day and all night long on that. what they saw was a good piece of legislation that we went to them and it would fulfill he needs to stop this president for his overreach i think the sign of a true leader is to take up an issue and base it on policies that are good for the country.

if it is, let's push it through. jon: others are pushing for a bigger fight. favors come is passing short-term continuing resolution to keep the government running also includes language defunding invitation of president obama's executive action. also favors stopping confirmations for non-national security positions until he president stops unilateral move on immigration. the president's allies are pushing back on today's bill that says the executive branch doesn't have the authority to discourage deportations. >> 11 million people in need of having documentation's put in order, 1,121,100 deported, there's one person standing in their way, that is the speaker of the house. we ask for a rejection of what is on the floor today.

>> despite a vote on the bill rejecting the president executive action early this afternoon and at this point we expect a bill in the house to fund the government sometime next week. heather: mike emanuel, thank you. jon: for more on this, washington editor for "fortune" magazine and fox news contributor jimmy weinstein for "the daily caller." effectively the president has sort of rolled a bomb into the republican tent and sit here, deal with it. >> this is a very clever political strategy on the part of barack obama by issuing this executive order he reignited a civil war within the republican party, so on one hand you have the republican leadership which was down the shut down government parade route last year and what happened, the party fall to lowest approval ratings in modern history.

they are very nervous, the don't want a government shutdown, they want a spending bill to pass. they were very careful about picking candidates in this past election that were willing to govern and not just fight all the time. so that is the leadership it wants to go forward. on the other hand executive order has really infuriated conservatives who are anti-immigration reform, kind of let ted cruz have a very nice walk in the park on the house side with some members who are willing to be much more combative. jon: he is apparently a happy john boehner's plan would fund all levels of government through september, but fund the department of homeland security only through about march. you can process a lot of the paperwork, amnesty paperwork between now and march.

>> forgot how did to be such a genius, he does seem to be acting foolish a lot. republican leadership seems to be looking at the deal and saying right now with the senate in control of the democrats, we don't have that many options. in just one month and a month from now republicans will be getting control of the senate and we will have more areas to attack president obama over his amnesty for 4 million or 5 million illegal immigrants. what they're trying to do is pass a bill that will show their conservation for the amnesty as well as cut it down the road a few months to challenge the bill when the republicans have control of the senate avoiding a shutdown. it does seem the people in ted cruz caucus trying to start this right now but don't have any leverage. republican leadership seeing the playing field for much more of what it is, better than january.

jon: just talking but this affect homeland security is putting out ads to hire 1000 people to process the paperwork. where do they get the money, doethis congress have to approve it? is potentially disapproving that kind of funding something that comes with it? >> they're looking at a more tailored defunding of that executive order, that is a possibility or a defunding or non-funding of pieces of that executive order. funding already there. i would say when the congress does return in january with control of the senate and control of the house, the best thing they can do to trump barack obama is pass immigration reform. if they have immigration reform, obama would tear up that executive order. the senate has passed

immigration reform with republican support. if the house can do the same, they will have obama in a corner and he will have to tear rep the immigration order or be pressured to. jon: this bill being put forward that essentially condemns the presidential action, jamie, that will not go anywhere in the senate but would allow conservatives to express their ire? >> that is purely symbolic. at the same time so would be a bill that the funded immigration program right now would also dying the senate. symbolically show they are upset and only fund the department of homeland security for a couple of months until the senate is controlled by republicans in january where they may have more to pass the executive amnesty. jon: it will be a fascinating day and fascinating couple of days. thank you both.

heather: terrorists once again killing american hostage good, and from no qaeda in yemen. he is reported to be a photojournalist and interpreter. he was kidnapped more than a year ago. al qaeda posting a video of the hostage believed to be summers asking for help. john huddy in the bureau. he has been held by them for more than a year now, how do you explain that time in? >> lost to their first second. >> the timing of the video. >> the video just released. i watched it a short time ago, it is heartbreaking because as he mentioned you have him essentially appealing for his life at one point saying "i'm certain my life is in danger. having said that in the three minutes video the commander, he

threatens executing it if they don't meet the demands within three days. and then a somber summers in a separate clip appeals for help saying "i asked if anything can be done, please let it be done. here's what we know, talk about in the beginning, the 33-year-old was working at a photojournalist in war-torn yemen when he was adopted in 2013. he has u.s. and british citizenship. his facebook page says he is from london, lives in yemen and went to college in wisconsin. now this is significant, getting a lot of information from our sources telling us there was a u.s. special forces raid in yemen last week in which several

hostages were rescued but he was not among them. today also according to our sources the body of a retired in many official abducted in the arabian peninsula was found in a remote part of yemen close to where the raid apparently happened, so this is a particular concern for intelligence, concerned summers may result as that retired intelligence official. so far we have not received any comment from u.s. officials about this video or the threats. back to you. heather: thank you, john. jon: information the controversial decision by grand jury not to indict a white police officer in the death of an unarmed black man sparking mass protest with dozens

arrested, and about a week after the decision in the ferguson case touched off riot speed in new york city with more. reporter: more demonstrations planned today response or grand jury decision not to indict police officer in the death of the 47-year-old police officer in the death of the 47-year-old meanwhile we're told a news conference will take place as one conducted by the mayor, city of new york, bill de blasio and the police commissioner to dispel the restraint procedure. the restrictions took place last night throughout much of manhattan. targeting major roadways, brooklyn bridge, lincoln tunnel connecting with new jersey. a number of demonstrators tried and failed to disrupt the christmas tree lighting at rockefeller center. cap away by police and barricades. 83 people arrested, mostly charges for disorderly conduct, majority were peaceful.

many chanted the final words, i can't breathe. he says he never meant to hurt eric garner and use a takedown to sneak taught at the police academy following the decision to indict, the officer issued a statement offering error garner's family his condolences. garner's widow refused to accept that offer be at >> hell no. the time for a mars would have been when my husband was feeling too brie, when he is screaming 1 times that he can't breathe. >> u.s. justice department looking at the possibility of violating civil rights violation claim. he faces disciplinary procedure by the department and the family

of error garner says they will soon be filing a $75 million civil suit against the city of new york. jon: we will talk about this with our legal panel in a couple of minutes. david, thank you. heather: another so-called stand your ground law in the trial of a man who shot and killed a german exchange student in his garage and then this, us-led coalition is fitting unlikely help from iran? does a common enemy make an ally?

jon: here are the crime stories we're watching now. trial underway for a homicide shooting and killed him. heather: and now facing 10 years in prison if convicted.

the case seen as a test of the stand your ground law. eric stephenson on the stand in a courtroom where his ex-wife, tiffany stands accused of hiring someone to kill him. stevens are intensified but the hitman brought him an audio recording giving the order. jon: tennessee authorities looking for this woman, she was last seen north of knoxville not far from the kentucky border. she has been missing since tuesday morning. heather: overseas, cut affiliate threatening the life of a u.s. journalist. he has identified as 33-year-old luke summers. he was kidnapped more than a year ago in yemen. al qaeda giving the united states three days to meet its demand although they have not explained what they want. julian turner, working during the bush and obama ministrations

and our newest fox news contributor. welcome to the fox team. let's start off by setting the stage, we don't cover yemen a whole lot but yemen has a failed state, government collapsed and two islamist groups fighting for control that country. how does that complicate efforts? >> the main focus here is going to be al qaeda and yemen, which is also known as al qaeda and iranian peninsula. one of if not the most dangerous al qaeda offshoot organizations in the region. there comprised of armed militants muslims who have populated what has become a volatile peninsula and they share with isis and only radical demographic, but an intent to destroy western and american targets. heather: you are conce be brewin

as it affects western countries and the united states. >> absolutely. al qaeda in yemen has perpetrated several high-profile attacks in the past. most notably hit home was 2000 attempt to detonate an explosive device which had it been successful would have been the first tax since 9/11 on u.s. soil. the much larger issue of terrorism in the country. heather: there was a raid about a week ago controlled by him and special forces and u.s. forces to try to get luke summers home safely. that failed, they rescued other people though. how likely are going to be able to save this young man's life? >> if we're going to judge the was taking place in the past isis kidnappings in syria,

chances are tragically not very good. the u.s. has made it a priority to emphasize were not going to negotiate with any terrorist organizations over the release of hostages so we have to kind of see what happens over the next 24-48 hours if there is any given to take their, which there is likely not, or there will be another special forces raid. heather: i want to ask you though about an issue going on in iraq learning about iranian warplanes striking targets in iraq, iran not an ally of ours but the question a lot of folks are asking, is the enemy of our enemy somehow becoming our ally? >> the concern of the united states and iranian armed forces in anyway working together is absolutely understandable did the reality is iran and the u.s. are not in

any tangible or directly coordinating or even communicating with one another right now. what is happening is iraqi security forces who as of now are still in control of their airspace, deconflicting technical objectives inside the country. heather: in civilian speak that means what? >> to conflicting a very specific definition meaning which in no way implicates direct coordination or direct communication between two parties. what it is saying is we understand we are both operating in an airspace but we understand there is no direct indication between these two countries, we will try to iron this out a little bit. heather: julian turner, thank you from washington.

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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 fallout in new york city and across the country as a grand jury did not return an indictment against a white police officer in the death of an unarmed black man. as protesters took the street in new york and other cities, attorney general eric older addressed there would be a federal civil rights investigation into eric garner's death. joining us now, former prosecutor and trial attorney and civil rights prosecutor, both civil rights attorneys. brian, it is my understanding you handle the case very much

like this, do you think the police are at fault here? >> absolutely. there are three words that came out of eric garner's mouth that warrant an indictment in this case, those three words are "i can't beathe." he said that at least four times. we can argue about whether it is a chokehold, whether it is not a chokehold, whether he died of cardiac arrest or if he died did from association, but the bottom line is once a suspect on the ground flax saying i can't breathe, the officer has an obligation to release his arm from under his neck and he could have been saved. negligent homicide indictment and i'm appalled this officer wasn't indicted. jon: you say doesn't necessarily mean a crime was committed. >> you have to look at the

difference between a criminal action in which he is presumed a criminal defendant and proven beyond a reasonable doubt versus police practices. first off it wasn't a chokehold, understand we all know from our training the fact he was able to speak means his wind wasn't cut off. if you look at the video, you will notice when he first said he couldn't breathe, they were not around him. i think the video speaks for itself in terms this was a takedown procedure and not a chokehold. jon: he also had asthma. >> doing with this issue called positional asphyxia, and the family ever present in that case died of positional asphyxia. you can't look at this case just by chokehold.

a body on the ground, officers on the back which they are, that creates the phenomenon called positional asphyxia, stop the ability to brief waiting to his brain to cardiac arrest. the d.a. in this case in u.s. attorney justice have to and i the other officers as well. these officers are trained, they know what i suspect is on his neck, he cannot put pressure on his back. nobody is talking about that. jon: nobody is also talked with the fact this is a guy told with his arms arms behind his back and put handcuffs on him, he resisted. >> i worked civil litigation for years, we did a lot of training on this issue and this is exactly the point. you must comply with police officers when they arrest even when they don't think the rest

is appropriate or not. when it does not happen, people get hurt, people get injured and police officers whether they are black or white, there are issues of position when officer tried to take somebody down unfortunately there is not an issue but sometimes there is. you have to submit to that arrest. dealing with criminal conduct, this officer followed restraining protocol takedown procedure. it is unfortunate that police practices need to change here because well before this situation got the way it was, it could have been ds waited by verbal commands, explaining he was being placed under arrest more time before a physical force scenario because whenever you do that with a police officer you risk the danger of being injured or killed. jon: a very sad case, but we appreciate you coming in.

>> thank you, jon. heather: a whole lot of democrats jumping on hillary clinton bandwagon. a favorite in 2007, so will the popularity now help her or her to her as decides whether or not to run for president. and the market is taking a bit of a breather today and a sense of really good news. when was the last time you heard that? $2 per gallon? how great is that? you can get your pickup truck now.

heatherjon: watching and waitinr hillary clinton's decision. she is of course an early favorite for the nomination for president in 2016. but that may not be a good thing and what happens if she doesn't run. the rules to follow to help pregnant and breast-feeding women understand the risk of medicine. and shiny new vehicles now in the body shop. a driver plows into the lot of the dealership.

and new buyer's ray to sign on the dotted lines. heather: new news on the economic front. let's take a look at the dow today down about 91 points right now at about 18,000. this the day after it and the s&p hit record territory. great. it gas falling below $2 per gallon in some places and we are really happy about that. when was the last time gas was below $2 per gallon? lauren simonetti joins us now. >> road trip. it has been over four years since gas was this low. positive close today, it looks hard, but if we do get another positive finish, another record for the market. the dow 33rd record finish yesterday, the s&p 48 record close. stocks are down today.

energy stocks are falling a lower oil prices and comments from the head of the european central bank signaling it is waiting until next year to add stimulus to the euro zone economy. the good news, check this out, this gas station in oklahoma city selling gas for $1.99. the first station in the nation to sell gas under $2 in more than four years and is igniting a price war in oklahoma. a fishnet had it for $1.98. which station, which cities, what is next. keep your eye on st. louis, houston and charleston. now, aaa says gas prices today nationally $2.73, down $0.53 in the past year. real money in your pocket but oil prices have to drop another $25 per barrel for the national gas price to go below $2 like it has in oklahoma city. heather: it is trending in the

right direction. it is fantastic. lauren simonetti, thank you a lot. don't miss lauren simonetti on fox business. you can log intousiness.com/cha. jon: former century of state hillary clinton continues to test the waters before making a decision on a white house bid, some party insiders warn her perceived inevitability of the presidential nominee actually could hurt her in 2016. chief washington correspondent live in the d.c. bureau with more on that. >> hillary clinton according to the key constituency established in 2008 what she likes to call the 18 million cracks in the ceiling. former senato secretary of statl be joined by some big names.

but not a massachusetts senator elizabeth warren. many have pine for his anti-hillary they wish were running. however, for registered democrat leaning voters captured only 10% of hillary clinton's 65% helping create the attention she had six years ago, an aura of inevitability. >> voters are looking for change of the new car feel. they want something different. the inevitability of hillary clinton 2008 probably hurt her and 2012 in the absence of a message to the strategy inevitability is arguably a curse. >> to date really big-name democrat is jim webb. vietnam veteran. the left the g.o.p. over the iraq war and snapped president

george w. bush at the white house over the war would formed an exploratory committee. it is unclear if his record would be liberal to incite the far left bases as overly hawki hawkish. mrs. clinton said she will announce next year whether she tends to run for presidency. jon: a be taking odds that decision? >> a small parlor in the d.c. bureau to being taken on this. to say anything more would not be appropriate. heather: look at that right there, we will tell you where that happened and who got out of the house and one of the questions that pregnant women face. what medicine can they safely take. some important new changes that

will affect all pregnant women. details coming up next.

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heather: let's check in what is happening on "outnumbered." >> it is friday eve. dozens of people have been arrested as protesters flooded the streets in new york city after another grand jury has declined to indict a white police officer in the death of an unarmed black man. eric holder is launching another federal probe. does he have a case in the death of eric garner? heather>> speaking to a half emn the nation's capital so what does that say if she decides to run in 2016? >> it has the script been flipped on dieting? white may be more acceptable for men to count calories than us.

>> and hashtag one market guy on "outnumbered" at the top of the hour. heather: we will check it out. jon: you know how they say in new car loses a big chunk of the value right after you drive it off the lot? some lost it before they were even driven. because a truck slammed into a car dealership. the driveway on the highway near the dealership when he lost control, the crash happening in front of a woman who just bought a new truck. he quickly got out to see if she could help. >> we just bought a vehicle, all of a sudden we looked over and the truck hit the vehicle, up on his side and slammed back down. i panicked. there was smoke, i knew he had to be out of there because if it was on fire, i would have died. i thanked the lord the guys

okay. jon: he caused $300,000 in damages. heather: a system tha explains e risk of drugs. for pregnant and breast-feeding women. the old warning system which goes from a 3x is being called outdated, confusing and even useless by the fda,'s let's talk about this affecting a lot of women. joining us now, professo profesf public health at john hopkins and a cancer surgeon. explain these categories for people who are not for my with it. what do they mean? >> a scoring system every medication gets a, b, c, ask rating based on what is available on the safety. it is misleading. and a is not twice as better

than be and d means there is not enough data. heather: doctors will tell you you're taking a class a drug, could be antibiotic, i don't want you to take class c drugs or anything below that, but you say new information class c drugs may not be as bad as we thought. >> class c drugs are a waste basket of drugs. a is generally considered very safe but most medications are c. medium data on it. generally it means we have good animal studies but we don't know what happens in human beings and animals do things very differently. heather: so that pruned harmful to the mice, that may not mean anything. >> look at all the diet drinks causing cancer in high doses of mice, we have had it for decade and does not cause issues for

humans. >> your primary doctor want to stay on a drug, but you don't know what to do as a woman. what do you suggest? >> the new fda rule, considering it for six years in announcing this summer it will be the high law of the land, summarizing the literature of lactation, the baby and on your general fertility long-term and it is probably useful in the risk-benefit analysis. heather: so the fda did something. >> and we probably the most overmedicated generation history. average woman takes three to five medications while pregnant. heather: what are some of the most common during pregnancy that fall under that classy category? >> certainly antidepressants. take an antibiotic even if they

get sick a little bit. most don't work because infections are viral be at oral contraceptives, those are things to avoid. hopefully you are not taking them. heather: they can affect lactating women, breast-feeding and people trying to get pregnant so important information to ask your doctor or just talk to you. doctor, thank you so much. jon: police following a new lead in the long-ago disappearance of madeleine mccann leading into a convicted offender already sitting in jail. and santa claus makes it look so easy every christmas eve but did not work out for one young man who found himself locked out of his house. uh, and i know my iq. okay. uh, and i know-uh-i know what blood type i have.

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comcast business. built for business. jon: some information in the british toddler who disappeared while her family was on vacation seven years ago. british police questioning a convicted offender in the three-year-old madeleine mccann went missing from a resort in portugal where she was staying with parents. they try to bring the suspect to the uk but he was already in jail. following this developing story. >> madeleine mccann disappeared from that resort in portugal. now a convicted offender will be questioned about the case. 77-year-old was there when he she went missing. served a sentence, and then convicted of listing two girls ages five and seven on a yacht.

slated to be educated to the united kingdom in the mccann case recently sentenced to 16 months in the prison for possession of child pornography. british detectives flew this weekend to question him in the prison cell. i wanted to ask about the connection to a child sting operated in portugal late to the disappearance. and a string of burglaries where they were staying. those arteries were carried out between 2004-2010. 11 other people affected to be questioned next week in the case. he'll be it in them as witnesses, not suspects. jon: it is so said it has taken seven years to get to this point. thank you. heather: back at home and teenage boys safe after rescuers pulled him out of a chimney? he got locked out of the house and tried to get in like santa claus, you can guess that

one worked out. not too well. william is in the west coast newsroom with that 911 call. >> heather, i got so close, his feet were touching the bottom of the fireplace when he got stuck. he takes out his cell phone and calls for help. jon: this happened tuesday night around 7:00 p.m. his mom wasn't home yet, lost the keys and grabbed an extension cord, tied it to the roof, lowers himself down the cinderblock chimney until he could not get any further.

trapped, called 911. the poor boy. >> i am going to remember this one because of the timing, christmas time and somebody stuck in a chimney. jon: so basically after cutting away parts of the chimney they pull the boy out, not injured, covered in soot. a year goes by without somebody trying to this, it does not mean everybody can do it. heather: i love how the 911 operator told him exactly what to do as though she has been trained in that. she did a nice job though, didn't she? william in los angeles, thank you so much. that confirms it, teenagers are dopey. their brains are not fully formed yet. jon: i am glad this one had a happy ending soviet people have

tried and suffocated because of it. heather: we have covered a couple stories like that recently. jon: he is a lucky kid. don't try this at home. brand-new stories we're working to bring you next hour of "happening now" be at the brutal arrest of american teacher at a shopping mall in abu dhabi. why investigators say this was not all the suspect was planning. and opening arguments in the trial of the montana man charged with homicide in the shooting death of a german exchange student who died in his garage. with the outcome could mea meane national dialogue on stand your ground laws.

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jon: we're still talking about the kid in the chimney. shanon: we are, poor kid.

see you back here in an hour. jon: "outnumbered" starts right now. >> good afternoon this, is "outnumbered." i'm sandra smith. here today, harris faulkner, andrea tantaros, kirsten powers, today's #oneluckyguy, arthur aidala. he is outnumbered. >> whoever produce this is show has terrible judgment. this is my third or fourth time. i don't know why they keep asking me back but i guess to be tantaros's punching bag. i accept it. do the muhammad ali rope-a-dope. >> i was hitting heavy bag, i look up who is on tv, arthur aidala, fox local. waving his arms. >> punched bag harder. >> firing right hooks. >> using