science. we will stay right here for outnumbered on the web. go click the overtime tab. and we are back here tomorrow on noon eastern and "happening now" starts right now. >> let me know when you present that shirt. fox news alert. we are waiting for a vote in the house expected this hour. president obama's executive order on immigration. it is considered to be mostly symbolic. it would not likely pass the senate, but the president can't can't choose which laws to enforce. it is happening now. >> we have a broken immigration system in the united states of america. >> and the governor- elect of texas leads a group of 17 states suing the president. there is more fallout on capitol hill today.

plus, a veiled killer brutally murders a teach for an upscale a bu da ba i shopping mall. was this a terrorist attack? >> and a montana man on trial claiming self defense in the exchange of a former exchange student in his garage. will the castle doctorine help him to walk fro? it is on "happening now". >> we begin with the brutal murder of a american kinder gart ep teacher in a bu dabei. >> police say the suspect is a woman and we are getting brand

new video and guns are drawn and heavily armed officers and raid what a pores to be the suspect's home. you can see the firepower and raid against her as she surrendered to the police. >> she was a mother of twins from colorado found in the blood splattered rest rom. but the suspect had more deadly plans. live in our mideast bureau with this. conner? >> this could have been worse according to the the police in the uae. >> the same person who stabbed ryan wanted to kill an american doctor. little is known about the suspect, but surveillance video from the upscale shopping mall showed the attacker wearing a black outfit and veil. but the video doesn't show a face or clues about the

identity of the attacker and we don't know if it is was a woman. police in abu daba i arrested a female suspect. she is from the united arab emirates and the suspect planted a homemade bomb in the home of an american doctor. # the device didn't go off and was dismantled. but clearly somebodymented to do more harm. police didn't offer a motive behind this and no one called it a terrorist attack. but it suggested that one other person was taken in to custody. the police say only one woman was arrested and there are more questions than answers at this point. it is not chlor if it is it a terrorist attack, but there are so many questions outstanding about what is going on and hopefully we'll get more details, john.

>> how they were able to identify the suspect given the fact that she was completely covered up. thank you. >> coming up on "happening now", we'll have more on the developing story. was it a random murder or killing to send a message. our guest said the evidence leads him to believe it was a terror inspired attack. >> in the middle east, dna test confirm a girl held by authorities in lebanon is the daughter of the islamic state's leader. the interior minister said the child's mother in custody is married to a bu- baghdadi for a period of three months. iraqi authorities say yesterday they were not connected to the terrorist leader and that story continues to develop. we'll keep you posted on.

that >> hours of protest and dozens of arrest in new york city when the grand jury clears a police officer in the death of an unarmed black man. demonstrators blocked bridges and tunnels this after the grand jury who decided not to file charges on the officer who grabbed the victim this summer. >> john, demonstrations in san francisco, and atlanta, philadelphia and washington d.c. and of course, here in new york city, 83 arrests made and more demonstrations. one at this hour downtown and started out a protest of raising minimum wage for food workers and turned into a support for garner. that march is redirected to city hall.

many expressing outrage that the grand jury doesn't indict the officer in the death of eric garner who was detained for selling loose cigarettes and taken to the ground in a choke old. when he resisted affects. it was a text down manoufer. eric garner's widow rejected an apology. >> hell no. the time for remorse would have been when my husband was yelling to breathe. that would have been a time for him to show remorse or care for another human being's life when he was screaming 11 times that he can't breathe. so there is nothing that him or his crowd or anything else would make me feel any different. >> a short time ago, reverend

alsharpton held a news conference and hopes that the justice department will do what the states failed to do. >> the federal government must do in the 21st century what it did in the mid20th century. they had to protect the civil rights and voting rights. federal intervention must come now and protect people from state grand jurors. and more protest planned for new york. and a march scheduled in washington. >> rick is joining us from the streets of new york city. rick, thank you. >> the same day as the garnerstition there was an indictment on richard coms for the 2011 shooting. defense attorneys claimed that coms feared for his life when he shot 54-year-old benard bailey

in his chase. he had argued a broken tail light ticket. prosecut prosecutor said cooms was the aggressor. >> oneat exploring a run. jim web, former virginia senator and navy secretary said the democratic party lost the mess age, that is take care of working people and no voice in the corridors of power. senator web pointed out the dropping numbers of white democratic voters in louisiana and north carolina senate races. the parties are falling apart based on race and the people who have an affinity for what the

democratic party had to offer feel allenated. >> chris, there seems to be a piling o. chuck schummer critizing the president and the focus on obama care and now this from jim web, is it all presidential politics? >> i am not sure there is anything bigger than presidential politics. it has a lot to do with presidential politics. the democratic party has a big problem. in 2014, president obama's approval rating amongst the whites who didn't graduate from college is 20 percent. and you know, i know people talk about the fast- growing hispanic population and other ethnic and racial groups. if you are getting 27 percent of the whites graduating from

college, it is hard. and jim webb said and schummer said instead of obama care we should have worried about improving the economy for the working and middle-class. they are saying that democrats may be playing too much idenity politics and not thinking of the broad swoep of the middle-class. jim webb's chances against hillary clinton for democratic nominee is slim. she was at 65 percent among the potential democratic voters and he was at one percent. but he makes a case and it is it something that hillary clinton may have to deal with. she will have to deal with it if she wins the general election. >> ed rogers who is a frequent guest wrote a piece and said hillary clinton has to be

careful with jim webb and saying that the democratic party there is it notalgia for the bill clinton years and webb is more like bill clinton than hillary clinton is. >> we can point out ed rogers is a republican political operative and lobbyist and when he is advising the democrats you have to take it with a grain of salt. she doesn't have to worry about jim webb's argument but she has to worry about jim webb's point. the views look that way compared to barak obama, that bill clinton was pushing in the 1990s is not what you hear from democrats today. and that's what webb and chuck schummer is saying when you make the point, you have to keep your eye on the broad middle-class, including whites. >> webb was critical of the

president on the action on immigration and saying he is going it alone and ought to involve the congress here. >> webb is an interesting guy and probably will not win the nomination. he is well right as where the democrat s. he was the navy secretary under ronald reagan. and he's a very interest guy and a noted augustor. and as they say involved in the military and fought in vietnam. but not exactly what you call the mainstream democratic party activist. >> i am one that believes that the commander in chief that commit forces ought to have military experience. but that is just my thought. chris, thank you. >> you beat, thank you. >> chris will be on fox news sunday and looking ahead to the

2016 election. in an exclusive interview with louisiana governor bobby jinda l. >> and also rush limbaugh. >> the president is representing. why an upcoming vote may be key to keep the government up and running. and bizarre death and what investigators are saying about the tragedy. and hot bed of islamic terrorism. take a look at russia facing a new fight against an old enemy.

>> a wisconsin newspaper has the details on the death of a gymist. her body found in the restaurant where she worked in a food elevator. the 21 year old died after getting caught inside of the device. the. o placing a frantic and 911 call. it happen while a banquet took place. they have not figured out or why she wound up inside of the dumb waiter. >> and russia today is facing the worst blood shed in the capitol of chechnya. dozens were wounded in running gun battles in the capitol. islamic terrorist groups are long active in that region and russians have cracked down hard on them. the violence hours before president putin gave the state

of the nation address. he has a bunch of problems including the economy there. amy kellogg is live there. what did he say in the state of the nation address. it is acknowledged they are heading in to. but he justified russia and crimea had holy importance and praised the russian people for high spirits and patriotism and lashing out at the west for meddling in russia's backyard. he blamed the west for acting out consultation and said the west has been out to get russia. there would be sanctions on

russia even if ukraine was not a major source of tension. >> they would come up with another reason to influence it for their own goals. >> putin did acknowledge economic difficulties that russia is facing. the ruble lost 40 percent against the dollar. oil dropped to $70 a barrel and russia needs it at 100 to balance the budget. sanctions were brushed off from putin. correct hreshgs chnyan erupted with gun four loving 19 people dead. russia kremblinsaid the

terrorist involved in all of that was liquidated. it is not clear the significance of the violence in chechnya. it was under a to it rule. but they are causing trouble in syria and iraq. but if they stir trouble in russia, it will be a headache for the kremlin. >> and they are known to be tough fighters. >> trying to stop the flow of foreign fighters from joining isis on the battlefield, how one u.s. ally is preventing citizens from head to the front lines in syria. plus dramatic video of a suspect captured in the the gruesome murder of an american teacher. what this means in the fight against terrorism.

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>> police releasing dramatic video that shoes the arrest of a female suspect in the killing of an american kindergarten teacher found stabbed in a restroom of a local shopping mall. there is surveillance video of that suspect in the mall. witnesses say the person wore a traditional black robe and a face cover. the victim was a mother and teacher. she was the mother of twins. her death warned that a jihaddist website encouraged attacks against american teacher who worked in middle eastern schools. is the brutal murder linked to

terrorism? we have the author of the lost spring. and the evidence seems clear. was it a terrorist attack? >> had that veiledqc woman only killed the american teacher, you would think either way. private issue or terrorism. but now reports from the uae. that same female suspect tried to bomb the location of an american drchlt >> we'll try to show our folks now. they found a bomb that she had tried to assemble and place in the the front yard of an american citizen over there and they say that they thwarted an attack that was plotted. >> once you have to two cases against american citizens and the kind of units.

they are counter terrorism units, it is chlor. and the uae is dealing with an issue and not releasing full information. the only exception would be a link between the killed american teacher and the doctor. >> according to the reports, thus far and things can change as we get more information, they believe that this person arrested in the stabbing death is associated with that bombing attempt against american. they better send out counter terrorism forces, but the concern i have is are they getting the right person or are are they going after a person just to say they have it taken care of. >> no, they issued the longest

comprehensive terrorist organization. not just from isis and al-qaeda but hesbollah. and the uae is demonstrating it is accurate in the investigation and it is it fighting terrorism. i wouldn't be concerned that they are trying to please the american public. somewhere it will be posted on the internet. >> and they really want to put a stop to that quickly. >> and on this topic, 900000 americans are contractors and regular every day folks who are living and working in the arab world. how safe are they right now? >> i don't have good news since al-qaeda and isis especially isystem issued threats against the americans, companies and individuals and workers with government and not just embassies, i would encourage the

state department and other agencies to be in contact with the individuals and provide them not only what to do if you see something wrong, but how to determine they are jihaddist>> and the embassy sent out a notice to the uae. and this happen, it is sad. we'll ask you about another story, an american hostage held in yemen and yemen threatening to kill him? >> the dates and times is very important. he was apprehended in september 20, 2013. he appears on video. and the same goes for isis. they captured those in 2013. how many u.s. citizens have vanished? al-qaeda in yemen wants specific depands and they want to exchange this individual with al-qaeda captured people.

i would be be cautious in dealing with this issue. >> there was an attempt to rescue him. and they were not able to get him. he was moved. you think there would be another shot of trying to rescue him? >> i am sure u.s. government and allies are working hard. the problem is armed forces in yemen, they are penetrated. they can help and not at the same time. >> it is it a failed state and the government in shambles. thank you. >> it is against the law for australians to travel to parts of syria. it is help to prosecute

australians who fought with terrorist and came back home. and it is around 75 passports renowsed to issue ten to stop extremist. and this government is committed to taking whatever steps that are necessary at home and abroad to keep australia safe from terrorism. >> the ban is on the syrian province. that is in the news recently. there is a bunch of bombing strikes on the parts of the u.s. and other nations. it is the first region in the world to be affected by the now australian laws. >> taking you to cleveland, ohio. and this is where i am sorry in the house of representative waiting for a bill to block the president's executive action on immigration. 17 states are joining a lawsuit

to do the same thing. and we'll tell you about that. and plus the attorney general. eric holder is in cleveland right now. he is attending a news conference and announcing the findings that the cleveland police department used unreasonable and unnecessary force in the shooting of a 12 year old boy. and a opening statements in the trial of a foreign exchange students in the stand your ground law to the test once again.

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>> the lone star state filing suit over the federal government. and texas is not alone. greg abbot, the republican governor- elect said president obama crossed a line. casy has more from dallas. >> reporter: texas is leading the coalition of 17 states now challenging the stewingality of president obama's controversial executive actions on immigration. we'll put a map that shoes you all of the 17 states involved in the suit that was just filed and attorney general abbot believes more will be joining. and at issue is the president had full legal authority to by

pass congress and shield 5 million immigrants in this country from deportation. most everyone agrees that the immigration system is broken. but argues that the excutive fiat that mr. obama pulled out is not the right way to fix it. >> he's not trying to fulfill the will of congress. but enact laws himself because congress will not act. the president does not have that authority. texas is the epi- center of the illegal immigration behind california. texas has the largest number of illegal immigrants living in the state. and in a hearing on capitol hill jay johnson said he's fully comfortable that the executive brafrp has the full authority to implement these actions.

>> i am satisfied as a lawyer myself and defending the actions is well within our existing authority. >> the lawsuit is not seeking diagrammings, but an injunction to stop the actions from going into affect. ncasy stegal keep an eye out for us. >> and more on the way for u.s. home openers in danger of close close. some borrowers could have a 5000 reduction in the loans. they could receive discounted rates. some people are still strug lipping to find work. >> right now opening statements in a murder trial that once again tests the stand your

ground law in montana. the 17 year old foreign exchange student was shot when he entered the garage late at night. prosecutors said the door was partially open and a purse was in plain shot and fired his shotgun four times without warning. we'll take it up with our legal panel. also joins us is a criminal defense attorney as well joining us from california. welcome to both of you. >> thank you, john. nstarting with the end of the case. you don't think there will be a conviction, why? >> i don't think so, john. i think the castle doctorine in montana is broader than some of the stand your ground laws. you can use deadly force to protect your home if you are in

fear of bodily injury or a felony is about to be taking place in your home. we know the defendant was burglarized twice before the incident and he saw the random entrudder entering his property he was fearful and feared for the life of his family. if that is true that is justifiable self defense in montana. >> that is what the law is, but the grand jury indicted the individual and the prosecutor felt there was enough evidence to disteleit. it is chlor on the castle doctor, but there was enough evidence to push against that defense that it was not justifiable homicide and one of them is that the teen was lured in. he was a high schooler. and that is a compelling fact. this is something that the jury is going to have to decide when looking at all of the facts and

s. the prosecutor felt there was enough there to test that doctor and bring it to trial shoes there is a possibly of conviction. >> sticking with you for a moment, if he were 21, would it be different? 17 year old is virtually a man. >> i think that is what it is it. the prosecutor said there is a possibility. it is an exchange student. he's here as a student and still in high school, i don't want to say a sympathy factor coming in to play, but enough for the prosecutor to say, i am not so comfortable about the death of the young man to let it go. >> there were two previous burglaries in his garage and he said that's why i installed the surveillances have to alert me to the fact that i had an intruder in the garage. >> i don't think the prosecution argument that he lured the child

for the sole purpose of shooting him, i don't knowing it will carry weight. and it will come down to the reasonableness of the defendant's conduct in the time of the the shooting and why he feared bodily injury or burglarize once again and the defense has evidence of these burglaries. and they have identified them and so even if the jurors don't buy he feared for his life or safety because the victim was unarmed, it is reasonable for them to believe that he thought he would be burglarized once again. snshg the key is that the homicide happen in the garage. lock your door that leads in your home and call the authorities and they will be there in less than two minutes. that's the kind of balancing is the jury deputy to say. why do you leave the safety of your home and come around the

house and face the garage and then shoot the kid down? those are the kippeds of facts and circumstances that a jorwould say wait a minute. why not stay in the safety of your home and lock your door. >> this case is taking place in the west and i think there is a different kind of thinking out west about the sankity of property rights. >> the jury is made up of individuals from there. but the bottom line a death of a child and that's where the jury may step in and say you should have done it quickly. >> according to mercedes, that's why the law is controversial and the jury will be instructed.

i think if they follow the law and i think there will be an acquittal in this case. >> thank you. good discussion, thank you both. >> thank you, john. >> authorities are cleaning out the largest homeless camp in the united states. we'll tell you where it happen. and if you ever wanted to own a loy detector. we'll tell you about a new app that could be a game changer if you can handle the truth. you're driving along,

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investigating general david petraeus. and wait until you see the latest map in the united states. there is a whole lot of one color. and so which one is it. all in the top of the hour. >> "happening now" they are clearing out the largest homeless camp. it is referred to in san diego as the jungle. authorities say increased unless and unsanity conditions forced them to clear out the camp. the last was in 2012 when 150 people were moved out of that area. ever wish you had a lie

detector? there is a new app created by the institute of technology that has a unique way of celebrating fact from fiction on the internet. doug list? >> john, it is difficult to tell if someone is lying. but it is impossible when it is done over the internet until now. >> for years, they received weekly e-mails, a nigerian general promising to wire millions and a banker looking for a business partner. they were clear cons and unfortunately a lot of people got taken. >> 7 million sent out and unfortunately some people got taken in. >> the problem is scammers are more sophisticated from e-mails.

>> if you click the wrong button all of your personal data is down loaded by should you bea and her husband invented a phone app that truth from false. >> there is an allegor rhythm. >> it matches patterns and it sounds different. it is able to zone in. >> spam filters block a sender and ja a suz traces the email for triggery. they programmed it from a database of hundreds of thousands of confirmed hoaxes. ncan you tell whether an e-mail is written bow a man or woman. >> we have found they have different styles of writing. >> and the new technology is

being used by the insurance industry to detect fraud. and he sees a bigger application for law enforcement. >> take the transcript and run it through the allegorim. it will pick it out. >> most liars lie in the same way and they will be detectible on your iphone. back to you. >> you will be able to buy it to use individually? >> you can buy it and parents can use it on teens and teens on the parents. >> i know a lot of parents could. >> where were you last night. douglas kennedy, thank you. >> and there is a new study on diet. and it claims that we may have n diet, and it claims we may all have it wrong when it comes to saturated fats. you will not want to miss this one. opened his first

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new information coming out on why saturated fats can be getting a bad rap. researchers say some people trying to avoid the supposedly unhealthy fats are actually eating more carbohydrates as a result, and that could increase the risk of heart disease and also diabetes. >> we're finding out that saturated fat is not as evil as we thought. carbohydrates we thought you can have it in excess. nothing in excess is beneficial for us. >> remind us. saturated fats come in milk and cheese and those kinds of

things? >> milk, cheese, meat, the eggs. things that we were told not to have maybe in the 1980s and 1990s. now a lot of people are welcoming them back. especially butter is the rage. coconut, that's another rage right now. >> this is great news. i know a lot of people who have had heart disease in the past and have had to give those things up completely, and now they have these lean diets that frankly are a little boring and lackluster for them. can they now safely reincorporate dairy, meats, all of those things back into their diet? >> i wouldn't act so quickly. they can safely add in monounsaturated fats like avocado, almonds, and they can add in the coconut oil. i wouldn't go crazy with adding extra red meat or adding in any type of fried foods. sfla but some is safe? >> some fat, but fats that contain all of the fats or omega three. we're looking at the study, and this is focussing on the

negative effects of a larger amount of carbo hydrates, and it's not really getting at what where he need to fiend out. what does saturated fat do long-term. there were only 16 people in that study twlsh. >> usually studies need to be a whole lot bigger than that. keep looking at this issue, but, i guess it stands to reason that if people are cutting those things out of their lives, their diet, they're eating more carbo hydrates as a result, and that's the biggest contributor. >> we want to eat all foods in moderation and eat enough, but not stuff. >> eat enough, not stuff. that's cute. >> laura, thank you for your expertise. always always, great to have you here. >> those of us butter fans are happy to hear it. hey, the house is close to a vote to keep the government open, and shut down the president's immigration orders at least on a symbolic level. we'll have that for you ahead.

>> big congressional vote coming

up in 20 minutes, we're told. "the real story" starts now. thanks, guys. we start with an alert because white house press secretary josh ernest confirming just moments ago president obama will announce his nominee for secretary of defense tomorrow morning. so far no word on for sure who it will be, although, of course, there's heavy speculation that ash carter is the president's pick, pictured here. he served as the number two defense official under leon panetta. he studied at yale and studied az roads scholar at objection forward university. we'll bring you the nominee right when we fwet it. in the meantime, republicans trying to get the first step of their reaction plan to the president's immigration orders in place. hi, everyone. i'm gretchen carlson, and we're here to bring you the real story on that and much more today. preliminary vote getting underway. it's happening right now. the republican-led house