folks sitting next to them at the table. >> an apology for all of you stupid americans. starting at 9:00 a.m. eastern time. >> w they will see you tomorrow. "happening now" starts right now. goodbye, everybody. ♪ jon: and good monday morning to you, this is "happening now." a fire so big it lit up the night sky over downtown los angeles as a massive apartment building goes up in flames be at the flames to be seen for miles and hundreds of firefighters responded to the blaze that shut down the freeway's which could make for a tough monday morning commute. shannon: william has much more on this. reporter: northbound lanes split downtown in half remain closed because firefighters are afraid

what is left of this apartment building and steel scaffolding will collapse onto the freeway. the fire engulfed the entire city block. it requires one fourth the departments and power. 250 firefighters and dozens of engines actually using the freeway overpass as a platform pumping water from the street up to the overpass onto the ladder trucktruck and onto the fire whh spread to two other high-rises. the heat blowing out windows on the 16th floor office building. glass tumbling to the ground. in neighboring building also caught fire. the cause remains under investigation. >> when the los angeles fire department received the alarm for this fire, fire station three is on fremont street and they literally opened the door to see an entire city block with fire showing.

>> this photo shows an idea of the size. the area is not far from the staples center. a lot of upscale apartment buildings going up, this one was called "the da vinci." a million square feet destroyed. imagine right now with northbound 110 closed along with multiple surface streets, second fire not making this any better, shannon. it broke out at 2:00 a.m., the second fire 4:00 a.m., no injuries reported. they're checking the freeway overpass because the radiant heat from the fire may come down, therefore no traffic. shannon: thank you so much. jon: house republicans putting the finishing touches on a more than one clean dollars spending bill that will keep the

government spending into next year. trying to ram the bill through without doing enough to counter present obama's active orders on immigration. joining us now, bret baier, anchor of "special report" on the fox news channel. explain this to us. apparently he has decided next year is the time to fight the battle over the executive orders on immigration? >> exactly. tong the rank and file to hold fire until the numbers improve and will have the most republicans in the house caucus since the harry truman days as of january. control of the senate as well. how it is looking now is that there will be this effort to get the spending bill voted on on wednesday. the authorized funding for the government and thursday.

so we're pushing up against that deadline. so far no wrenches in the system to throw it off track, but there are things that hadn't been worked out, policy writers on this. we have to fund everything the same levels for years. we will see if that is the way it has to go. jon: my understanding there playing this one close to their vast, the budget shows the priorities, what do you know about the priorities in this budget? >> where they were last time, where conservatives will pull off funding, homeland security until february or march as a

check in the thicket of actions and immigration. if that's the case, you find everything until september 2015, but you only find it until february or march so the new congress deals with the issue of immigration reform specifically and the president's actions early in the term. jon: are democrats likely to go along with that? >> senator reid said he would accept it. when asked specifically about that construction, if that is the way it has to go, it is the way they will get through. there is a real desire on capitol hill in both parties to avoid a government shutdown before the holidays. they say we just won this massive election, why are we afraid of this, but most are saying we will fight the battle in a new congress. jon: let's talk about another issue, senate intelligence

report on post-9/11 cia interrogations expected to be made public as early as this week. some are fighting it including john kerry, he is saying they should delay this thing. why is senator dianne feinstein, why is she so eager to get it out right now? >> if it doesn't come out now, when she loses control of that committee and the senator takes over as chair, they will likely not move forward with releasing this report. there is no legal impetus for this to have to be out there. a decision by the chair, diane feinstein. president obama said he is okay with him coming out but you heard secretary-caret come out with delays because international partner allies who

worked on enhanced interrogation techniques program are going to be exposed, that could expose them to threats or protest around the globe. there will be significant pushback i think from former members of the bush administration from the cia, but it looks like it could come out as soon as tomorrow. jon: apparently all kinds of open arguments, the methods and techniques used to lead to obama a max usama bin laden. others say no information in this report that supports that. it just seems like maybe the release of this thing is not necessarily going to settle a lot of these arguments. >> no, it won't settle these arguments because the report comes to the conclusion no actionable intelligence came from this program and the people who ran the program, the people who were intimately involved said that is absolutely false,

absolutely not true and they point out this report for the people who did it didn't interview the people who really set up and ran the program. so you will see a lot of back and forth in the press, more importantly perhaps around the world. jon: it sounds like secretary kerry and others are worried this will lead to all kinds of trouble and danger for the people overseas. we will see what happens. good to have you on. >> thanks, jon scott. shannon: a daring operation that failed to rescue hostages in yemen. top american diplomat saying the u.s. didn't know about the release of one of the captives being held by al qaeda affiliates. that hostage was killed along with the summers in the failed race this weekend. james rosen has that story.

reporter: u.s. officials say ground level intelligence in this case was precise and accurate but the challenging terrain by al qaeda conspired against the success of this operation. dedicated freelance photojournalist covered the aftermath of the arab spring revolution and stayed despite warning for westerners to leave the capital. seized in 2013. >> luke summers was murdered, he was taken hostage. his life was clearly in danger. of course have to take responsibility in any action or inaction. that we didn't take. >> along with south african teacher captive since may 2014.

the wife was released without france in january. an aid group that quietly arranged for payments, $200,000 ransom, with release hours within the time he was killed. the associated press says the u.s. was unaware of negotiations and had to act peacefully. they explained why families she resist ransom demands. >> if we can provide them ransom, killing men women, that is a bad plan to start with. i agree with president's decision. >> maybe six done navy seal six commandos killed two terrorists as well as nine civilians.

shannon: thank you, jane. jon: witnesses take a stand in the trail of a man accused of shooting and killing an exchange student in his garage. why prosecutors say this was not just a case of self-defense. more on that coming up. plus the royal couple on their first official u.s. visit. so what is on their busy schedule today? and we want to hear from you, should the senate report on the cia, could it be released to the public? our report is up on foxnews.com. get your thoughts on the conversation.

jon: writes now, new information on crime stories we are keeping an eye on. the story of a montana man killing a german exchange student in april. he says he feared for his life when he fired a shotgun into his garage.

they suggest he showed you read rettig behavior before shooting. the family of a missing philadelphia student asking the help of football fans. 21-year-old shane montgomery disappeared on thanksgiving. the family and friends route distributing missing person fliers as tailgating. and asking for help locating a man that stole a ups package from a person's front porch. captured on the victim's home security cameras. video shows a person walking up and taking the package along with shots of the four-door blue toyota. shannon: this just in, the royals are making a visit to the u.s. this is a bit of video we got in from prince william eating with president obama in washington. a lot going on. they have kept a little bit of the conversation here. talking with a special relationship they share and how

important it has been. check out the press coverage. it is often very heavy at the white house, but especially ramped up today having been over there and covered a few events, a lot of attention on the royals. the duke and duchess of cambridge are busy wit with sepe engagements on the first day of the u.s. visit. it is the first official u.s. visit by the royal couple. have a packed itinerary. joining us live at the event in harlem. hello, jonathan. >> hey, shannon. the duchess of cambridge arrived for child development just about 15 minutes ago. take a look at the pictures of her arriving. rude enough not to wave to the press here, i was disappointed. she gave a brief wave as she walked into the center with a couple dozen at the public who gathered at a nearby corner

here. she will now spend about an hour inside the child development center. went to wrap some christmas presents and do some crafting with the kids, we understand, and william is in washington, d.c., he saw him meeting with the president. he left new york earlier today. they arrived i long flight from london looking refreshed as you would be if you fly first class all the way from london. tomorrow the schedule includes a visit to the 9/11 memorial museum and i'm told, shannon, they will attend an event that according to the schedule celebrates british creativity . shannon: it is funny because you see them stopping outside of the new york city hotel and the british press says they usually

don't pose for pictures, it is not what royals do. you didn't get the same treatment this morning but hopefully we will get her on the way out. >> it is pretty cold up here be at she is five months pregnant after all, we will forgive her. shannon: thank you. stay warm. jon: protest over police killings in new york and misery taking place with some turning violent. what police had to do. plus, "rolling stone" magazine now apologizing for its story of an alleged gang rate after the story began to fall apart last week. the impact this has had on campus. we will talk with a student next.

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jon: right now, new arrests in california, protest over police killings in missouri and new york spiral out of control for a second straight night. live at the breaking news desk with that. >> protest have been dying down but not in berkeley, california. last night was the second straight night of violence. it grew rowdy, hundreds of protesters marched through downtown berkeley. someone smashed a window of a radioshack. activists smashed other windows, looted businesses, through trash cans in the street in the garbage on fire according to police. the peaceful protester tried to stop the vandalism but was hit with a hammer. and vandalism at city hall. protesters tried to light a patrol vehicle on fire and targeted police with rocks and bottles. in oakland, activist block traffic on a freeway. police had to use tear gas in some instance.

jon: patti ann browne in the newsroom. shannon: more fallout after rolling stones says it no longer stands behind explosive story about an alleged gang rate at the university of virginia. the story unraveled last week but not before impacting a lot including the university suspending all activity. joining us now, a student at the university. thank you for joining us today. >> thank you for having me. shannon: there has been some walking back of some of the story known as jackie. but there was a piece in the student paper written by somebody named emily, a sweet made of jackie. while she cannot cooperate all of the details, but we have various accounts here on everything, so how is that playing out on campus?

>> people are supporting jackie. i know there's a lot of confusion on campus, people are unsure like everybody in the nation, you don't know what happened. but the main thing is still supporting survivors of sexual assault and making sure this story or the apology they make doesn't take anything away from what the victims actually go through. shannon: what about the fact we have a legal system where you are innocent until proven guilty and there are those concerned of a crackdown without an independent investigation on fraternities and soiling young men's reputations and names as they try to figure out to the suspects may be. a reporter for the rolling stones didn't talk to any of them. that raises a lot of great concerns regardless of whether the story or some part of it turns out to be true or not, it muddies the water for those on the allegation.

>> that is journalism 101. i think everybody on campus is angry with rolling stone because you're inclined to believe the story immediately because you believe they did their fact checking, which now we understand they didn't. they could not live where they were. some people say to burn the frat down when a lot of the allegations have turned out to be muddy water. we don't know what happened. shannon: and those who have come out to say they are uncomfortable about the ways in which they were questioned, some suggesting they wanted to distance themselves from it, but we still continue to hear people say there is some grain of truth. we don't know if it was at that fraternity house, of course the sparks conversations about those

who are legitimately the victim of sexual assault, does something like this instead of helping their case end up hurting them because it casts doubt on the story the young woman has told? >> it certainly does. only between 2-8% are false. so jackie definitely went through something dramatic. we believe she did. there is a campaign here saying i stand with jackie. it is unfair rolling stone because poor journalists in this situation and didn't do the right thing. they say now it is a case of bad journalism. not jackie lying or something because i do think she went through something and we want to be sure we're keeping survivors interest in mind.

shannon: do you think they will have a chance to be completely cleared, do you think the administration all the way down to the students, will they give them a fair shake on that side of the story or has there been such emotions generated that may not be possible at this point? >> they will get their fair share of the story. this came out where they didn't have to go through this as long as it could have been, and they will get their side of the story heard. they came up with a statement saying some facts that didn't go along with what the rolling stones reported. they are returning to somewhat normalcy. people are forgiven them because these allegations are potentially unfounded. they will get their fair side of the story. most agree with that. shannon: i am sure there is much more to come as it continues. thank you for your time.

>> thank you, appreciate it. jon: we will talk about that later with a panel. carrying out airstrikes in syria over the weekend with syria and iran are both now answering back accusing israeli leaders of creating tension. plus no information i'm tearing raid to rescue hostages al qaeda was holding including american luke summers, the one on the right.

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bound for the terror group hezbollah. live with details on all of that. reporter: israel launched several airstrikes in the past in syria as a revolt is really heated up in the last few years. like the previous times, israeli officials are refusing to comment, staying quiet but this follows a similar pattern we have seen the last four years or so. syrian tv said sunday israel launched a series of airstrikes outside damascus and the syrian lebanese border. the video you see is from a syrian news organization saying it is the aftermath of these strikes. they can't independently verify the video. it seems to have been a warehouse of sophisticated surface-to-air missiles from the regime to hezbollah fighters. they condemned the attack calling it an act of aggression but said no one was injured and

there are reports two fighters were in fact killed. now similar airstrikes syria always vowed to retaliate despite the tough talks they have done nothing in the last few years after these attacks now a long-standing policy for israeli officials saying they will not allow the transfer of weapons from the gene to have split fighters and others. not commenting but say again that is a policy they will continue to enforce it. jon: interesting story, thank you. shannon: we are learning new information on i on the during e attempts to save from terrorists in yemen. landing miles away quietly worked their way closer to where the terrorists were holding summers as well as south african hostage. moment of surprise blown when they were roughly 100 yards away.

the general for the institute of study of war and a fox is not the analyst. general, good to have you today even though you hate discussing this story. how many cap collations involved trying to move forward with this decision to go after a u.s. hostage in this hostile territory? >> as indicated these are very challenging and desperate missions. the most dangerous ones we go on. the fact of the matter is what you are trying to do is achieved surprises. we know the force some point will be detected. de you go to where the hostages at but likely occurring before that. from the point of detention until they put their eyes on the hostage, that is the life of the hostage and very grave danger. it is likely he is not going to survive. a good chance he could survive in seconds.

didn't want the noise to get detection. they got detection close to the compound unfortunately. that meant minutes before that gets the hostage, that is really tragic. shannon: we know one died in transport and the other later in operation. such a complication, we are told there were negotiations that didn't involve government trying to get them out. the story is was going to be released that day. >> that is really tragic and sad if those facts are true and tough on the family because it has been so close. certainly we were going to risk anybody who needed rescuing, that is for sure. the other major calculation is the danger to our forces, what is the risk.

helicopters can get shot down, they can get killed, all of those factors, what is the size of the force holding the hostage. shannon: some reports within seconds of being detected al qaeda fighters went in with hostages were being held. if they were being held with what little leverage the head, we would think their position was going to be to end their life. >> when life is being threatened the way they are doing it, they truly intend to kill somebody, this is the only way of getting them out alive. the president will continue to run these operations. shannon: there is growing controversy in the senate report

in the interrogation of the terror suspect after the 9/11 attack. diane feinstein, release a report as early as today but some: the committee to hold off fearing what is in report sparking violence, there are warnings to go out with the diplomatic and other interest around the world suggesting added security in the wake of this report being released. if mechanisms used as outlined in this report have since been barred by the obama administration, what you think is the purpose? >> i don't know, i am mystified. the director of the central intelligence agency and the white house itself saying the information is dangerous to our people operating in the field. if that is the case, that shoud be sufficient. i don't want to get inside the

center's head, but there is something not right, just stubbornness about wanting to release this report and the imminent danger to the people. shannon: with the republican stepping into her spot and democrats worried it will never be released for somehow changed or modified if republicans take control of the committee, as he mentioned plenty of democrats new white house on down trying to urge her not to make this release. decades of service. do you think is important for legacy reasons to make sure this is released? it is hard to know because viewed as pretty measured on a lot of hot topics in the past. >> i know the senator, that is what is so mystifying about this

because she is so protective of the long tenure as a chairpers chairperson. it surprises most everyone of us in terms of what has taken place here. if it turns out to be true that investigators do not talk to anybody associated with this interrogation program. not sure how it can be balanced if they haven't been spoken to. shannon: you have to get all sides. we will see what they decide to do. jon: a health crisis on the high seas. what is sickening passengers aboard a cruise ship in with a cruise is doing about the outbreak. plus, back to this story, rolling stone apologizes for the story it ran on a gang rate that took place at the university of

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shannon: let's check out what is ahead on "outnumbered." ladies, what are you cooking up? >> we can't wait. six detainees leaving wonton them obey camp. they are going to south america. can we trust countries to keep track of terror suspects? and is this part of the white house plan to remove the detainees to u.s. soil? >> plus an ivy league law school postponing finals if they feel they have suffered trauma from the michael brown and eric garner decisions but is this how to train america's future lawyers? >> and say goodbye to the seven year itch. when married couples might

really be in danger of breaking up. >> how long have you been married? >> 12 years in april. >> our hashtag one lucky guy montell williams will be packedo weigh in on all of that and more. shannon: you are kicking u cooka lot of fun for a monday. thanks. jon: new analysis of the rolling stone article on a gang rate alleged to have taken place in a fraternity house in virginia, some conservatives blame a liberal narrative for driving that story as a magazine issues and no apology accepting blame for the flawed recording. alan colmes, host of the alan colmes show. and radio talkshow host and fox news contributor. you say okay, the magazine got

the facts wrong but still a bigger story at play here. >> her ex-roommate coming out now saying the story is true and some who know her safe even the magazine got some of the facts wrong, rolling stone did not that it, they made a lot of mistakes, but a liar, go after her because we have statistics that show one out of six women or so claimed a victim of rate or sexual assault. we cannot ignore that and should not try to make women victims because one person and what they did or did not do. jon: even that statistic is under fire. >> i don't know who is saying it is not accurate. why make this a left-right issue. some conservative online sites have done.

the publication that broke it, it is not exactly the publication. jon: i think the woman seen a few things it is a left-right issue. >> i am a feminist. violence against women is epidemic portions. fighting to get more women to report. cannot even if no kurd or did not, it really is about left-wing media, mainstream media does in this case the rolling stone reporter and not just with social issue, but politics is they have sole possession of the troops and talking to people who might contradict that narrative is not worth it, it is a waste of time. investigative story turn into a human interest story and effectively calls into question the nature of what this woman was claiming. not just against women, we see

it across the board and this is why investigative reporting is almost dead in this country and why the damage done almost romanticizing of victims. we know violence against women happen, but there has now been a movement over the last decade to romanticize being a victim, and -- >> the publication that put a dent in the story was what many conservatives consider to be liberal publication, "the washington post." this is not about deciding we want a narrative. jon: there are conservatives who say these are rich, successful white fraternity boys and therefore they must behave badly. >> one said you liberals don't like white people, you don't

like capitalism or ivy league schools. obama was accused of spending too much time at ivy league school when he ran for president kid i don't want to define with liberals are. this is a real problem that exist and a very small percentage of women who have this maybe sometimes will not tell the truth. >> this reporter, this comes from an earlier "washington post" story that was just doing a profile of the reporter went to a variety of universities looking for the one perhaps that was most exciting and this is a problem when you have the narrative written in your head, you will go out of thei your wao find it and when you're on a campus like that a victim is going to adjust themselves to whatever you want to hear. >> they are being looked at the federal government because of allegations of federal assault.

>> because of stories like this perhaps. >> they said we did not talk to the men because we were afraid it would damage her reputation. >> that is the group that amex because you have sole possession of the truth, you have to talk to the other side. >> the right would do the same thing, they have an agenda. >> there seems to be new shoes dropping on this every day. what a story. shannon: the bride murdered on her honeymoon. this morning breathing a sigh of relief. we will tell you why just ahead. in the dow closed the 18,000 mark on friday but how long can that trend continue? while every business is unique,

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jon: a fox news alert as a small plane has crashed while on approach to the airport. the montgomery county airport in maryland. it is a relatively new small twin engined jet that came out in the last couple of years has been highly successful so far since this introduction but there you see some of the smoke pouring out of what appears to be perhaps a private residence they are. this happened on approach to runway 14 at the airport. the weather is relatively good, no significant weather in that area. you can see some of the damage to the homes in that area outside of washington, d.c. had to be a very frightening momenmorning for those folks.

we don't know anything about the occupants on the plane, that is capable of carrying i believe eight people. perhaps 10. we don't know about the occupants of that home either. news crews are just getting to be seen. this took place about an hour ago when a plane and twin-engine jet landing at montgomery county airport went down a mile short of the runway. shannon: we have seen seven straight weeks of gains on the dow and s&p 500. at one point the dow came close to 18,000 mark on friday. joining us, dagen mcdowell. what does it mean to hit 18? >> a nice big round number. starting at new all-time highs like you said. the dow and s&p got within nine points. a nice, big, round number to

celebrate. we got the great jobs number on friday, more than 300,000 jobs created last month. we are on track for the best year of job growth since 1999. in 15 years. helping the money in our pocket is the continuing collapse in the price of oil and gasoline. oil below $65 per barrel. see where it is trading right now, a new, fresh five-year low. gasoline keeps tumbling. the lower 48, only to go state s with gas below $3. shannon: we will continue to watch because everybody cares about those. >> it is just 18,001, 18,002 is just a new number for me. shannon: do not miss dagen on

the fox business network. if you are not sure where to watch, log onto foxbusiness.com/channel finder. jon: for dagen, cheaper gas means more might to spend on shoes. we will be right back. óqoqúúñ@

>> shannon and i will be back in an hour. "outnumbered" starts right now. >> this is "outnumbered." here with us today -- and today's hashtag one lucky guy, tv personality and veterans advocate, montel williams. he's back and outnumbered. >> welcome back. >> good to be back. >> it's great to see you. >> you guys have been firing up every day. as much as i can catch you, i catch you. >> that's nice. that's great. >> i want to make sure i'm prepared if you ever did ask