disease, everyone is so chill. everyone is hanging loose. vermont is second. number three, massachusetts where i spend a lot of time. unhealthiest is mississippi. bill: where is ohio? bret has exclusive interview with vice president dick klain any on the fox news channel, 6:00 eastern time. we have to go. go. see you on the radio. martha: bye, everybody, have a great day. ♪ jon: strong reaction to the news about the cia's harsh interrogation methods in the years after 9/11. many say that is not who we are as americans. others insist it saved american lives. welcome this edition of happening now. i'm jon scott. shannon: i'm shannon bream in for jenna lee. swift fall out 24 hours after release of the interrogation report.

a white house briefing is set for this hour. many people including president obama and republican senator john mccain agree details needed to be aired. others like former cia chief george 10 and and vice president dick cheney says this is puts u.s. people in danger. peter doocy at the white house. good morning, peter. >> reporter: good morning, shannon. the big debate is whether or not the interrogation method worked. cia is insisting they did and sometimes the very harsh methods were very effective at finding bin laden and also saving innocent lives. >> these interrogations of all the detainees gave us kind of a home depot-like storage of information on al qaeda on which we relied, well, we're still relying on it today. >> reporter: president obama is

saying he thinks that the cia has a tough job but that they do it well and he hasn't yet publicly denied the effectiveness of enhanced interrogation methods but he is calling them brutal and he is saying that they violate american values. >> what's clear is that the cia set up something very fast without a lot of forethought to what the ramifications might be. that the lines of accountability that needed to be set up weren't always in place. and that some of these techniques that were described were not only wrong but also counterproductive. >> reporter: the president also says there is never going to be a perfect time to release a report like this but that embassies around the world are ready for any retaliation. a senior administration official tells us they prepared for five months in coordination with the pentagon and the state department for any new threats or any attacks these disclosures

may inspire. american communities overseas are going to be given specific instructions how to stay safe as the threat level potentially increases. is also a new joint fbi and dhs bulletin warning of attacks abroad and also here at home and officials are specifically, shannon, looking at social media websites to see if any new propaganda props up. back to you in new york. shannon: a -- jon: a front on the war. peter doocey, we know you will as well. thanks. jon: right now washington lawmakers scrambling to the put final touches on a deal to keep lights on in washington. house and senate leaders agreed to a $1.1 trillion spending bill. it appears to have support. what about lawmakers who are ready to threaten a shutdown to fight president obama on his executive action on immigration? kevin zerilli is reporter with the hill. daniel halprin, online editor

for "the weekly standard." let's find out where this thing stands? kevin, are they going to keep the lights on in washington? >> i do think there is not going to be a government shoulddown. i think lawmakers will agree to this budget deal. it has not been as much of a budget battle as the last time. if you remember during the first government shutdown just not so long ago. but that being said, they have spliced the immigration funding that president obama needs to fund his immigration executive orders. we're going to have that debate in the first part of next year but the government staying open until next fall. jon: well, there is the school of thought, daniel, i guess mostly from conservatives who say you have to fight president obama on this action now and if you, if you don't do that, you're essentially acceding to his executive actions. >> absolutely. there is a strong school of thought that thinks that and that is unhappy with this bill. they find this bill to be 1600

pages long. $1.1 trillion, being spent. that is about $700 million per page of the bill. nobody has time to read it. nobody has time to consider the ramifications of the bill itself. of course the immigration is a huge debate which some hawks are already saying that this is a concession if they adopt this cr or omnibus bill. jon: but nobody seems to want a shutdown, kevin, do i have that right? >> absolutely, jon. i think if you look back at the polling from the first government shutdown republicans kind of in an interesting spot here right? because they're about to take control back of the congress and just a couple of weeks and they will be able to start with a fresh slate and really kind of bo back on offense if you will. and so i think that they're taking, they're betting that by not shutting down the government they will be able to have a larger debate and put out some new economic ideas and as well on an immigration debate in just

a few short weeks. jon: they might also need to put out new health care deals. daniel, i want to ask you about the appearance of jonathan gruber in front of the house committee yesterday. has he done anything to i don't know, help the public perception of obamacare in the way it was brought about? >> well he hasn't done that much. i think, i actually like jonathan gruber. i think he helped shed some light on obamacare on various facets. we understand it a lot better now that these videos of him talking candidly have emerged. i think yesterday he kind of played dummy. he pretended he was stupid and couldn't be trusted on these things. i don't think it clarified very much and i don't think people are forgiving him either for being frank about the bill. neither the obama administration who presumably is very upset with him and critics of obamacare as well. jon: kevin, he must be the loneliliest guy in washington or

maybe massachusetts right now? >> he was in the political hot seat yesterday on capitol hill. i got to tell you, jon, it was kind of interesting to watch some of the house democrats really go after mr. gruber. it was just a couple weeks ago, mind you, where they were saying they didn't even know who he was. jon: yeah. >> clearly now they know who he is. what i thought was interesting and another quick point i would like to make, this is a guy who made millions of dollars on the, off the backs of american taxpayers and yesterday really dodging questions about whether or not he is going to release those financial disclosures. jon: right. >> so, you know, i think the questions around this will continue though. jon: yeah. he wants his counsel to get back to the committee as to how much money taxpayers have paid him. daniel, how about that for a bit of subterfuge? >> i think people found it upsetting. you could see congressman asking him questions, getting visibly upset. i think he will have to return to congress next go round,

whether he is subpoenaed or held in contempt of congress we'll see. not over for gruber. gruber-gate continues and a lot of people want to understand more about the bill, more about where he was coming from and also as you suggest how much he was paid in order to to advise the administration on these issues. jon: good to know he can buy his own affordable health care plan because as you said, kevin, he has made millions of dollars from the taxpayer trough. >> you know what else, jon? this now gives republicans a face as we head into the new congress on the obamacare debacle, right? so i think that this is an issue that really resonated outside of washington about the business of obamacare and a little bit more of the ins and outs how folks were navigating this up on capitol hill and the white house. so with that said, i think that it is a starting point for republicans when they take over control of congress in january. jon: yeah. very interesting what he had to say about the state exchanges

and how all that came about. that's the thing that the supreme court is going to be ruling on. we'll see if obamacare survives in its current form. kevin, daniel, thank you both. >> thank you. >> thank you. >> new information in the battle against isis as the state department point man on the mission testifies today on the progress we have or haven't made. national security correspondent jennifer griffin is live at the pentagon keeping an eye on this hello, jennifer. >> shannon. near east ambassador bret mcgirk is taking questions from the house foreign affairs committee. state department officials have been on capitol hill for continued funding and authorization to fight the war against isis of the fact that congress has not passed the defense authorization budget met the pentagon must wait to send 1500 troops to iraq. yesterday secretary of state john kerry was on the hill asking for new aumf, or

authorization of use of military force. >> i don't think anybody wants to get into a long-term ground operation here but we also don't want to hamstring the generals and commanders in the field and president who is commander-in-chief for their ability to make some decision they need to make. >> reporter: but the toughest question came from kerry's own democratic party which wants to pass a three-year aumf which bars sending ground troops. kerry warns this operation could take years and years and bristled against the limitations by senate democrats. since august they have struck over 1200 targets in iraq and syria. >> my text prevents u.s. from being dragged into unending and unlimited war in the middle east. >> reporter: they were critical of the administration's strategy inside of syria and failure to target the regime of bashar al-assad. state department senior advisor on iraq and iran says iraq has come a long way since the fall

of mosul. >> today we have conducted 1200 airstrikes against isil terrorists of the as a result of these strikes, isis's offensive has been halted. its ability to mass and manuever forces degraded, its leadership cells pressured or eliminated. its command-and-control supply lines severed report in the last 24 hours while defense secretary chuck hagel was in baghdad there were a series of suicide bombing attacks including one this morning that killed 15 iraqi troops near baghdad. shannon? shannon: jennifer griffin at the pentagon. thank you. jon: extreme weather alert now. a big storm bringing heavy snow to the northeast. the nor'easter already brought tropical storm force wind and record rains to new york. now some areas could see more than a foot of snow before this system moves out. meteorologist janice dean has her snow boots on. she is the in the fox weather center for us. jd. >> yes, jon, we could see a few fluries in new york city at

anytime which is kind of school and ski resorts across the northeast i'm sure are loving this nor'easter. look at temperatures right now. so 36 here, yeah, we could see snowflakes. 43 in boston. 50 in washington, d.c. so still seeing this system as it continues to back up into the northeast. we'll see heavy elevation snow here and mainly rain along the coast. we could see some of this wraparound snow throughout the afternoon into the overnight as well. finally friday it will be pulling out of the region. for now we could see several inches of snow. upwards of a foot for the mountainous regions and mainly rain along the coast. we saw tropical storm force wind, incredible. this is huge, huge story across the west. epic drought for a lot of these areas, especially california. this is the first of many systems that is going to move into this region. look at the rainfall, north of san francisco, this could be one of the biggest storm they have seen in years.

and it is already, it will stretch down to southern california including los angeles. and we're going to see the potential for heavy snow, flood advisories here. but gent next system that pulls in will bring more moisture to southern california. but winter storm advisories. we could see upwards of three feet of snow and gusts of over 80 miles per hour. so blizzard warnings here for the sierra range. so big story, jon scott. this will be the one we're watching this weekend. they need the rain desperately. a lot of rain will cause flooding concerns but ultimately this is a good news story. back to you. jon: all right, janice dean, thank you. >> you're welcome. shannon: that explosive report on cia interrogation tactics which says the agency misled the white house and kept the, president bush then and his team in the dark. his attorney general, alberto gonzales, joins us live in just minutes. plus we want to hear from you. do you think the release of the cia intel report threatens our national security? our live chat is up and running.

visit foxnews.com/happeningnow. click on "america's asking" to join the conversation.

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look, you don't have to put in your credit card information. whew! credit karma. really. free. jon: of course it was about 24 hours ago, this time yesterday, that the senate intelligence committee decided to release the executive summary of that report what had been done by the cia to terrorism suspects in the days after 9/11. press secretary josh earnest is holding his first briefing since that was released. let's go to the white house now. >> protect and advance u.s. interests around the globe and it's the view of the president that the use of these techniques, regardless of whether or not they elicit national intelligence information, undermine our ability to use this very powerful tool. and that is why the president outlawed these techniques in his first or second day in office. >> on the omnibus, 1.1 trillion,

1600 page, will the president sign it? >> it is -- [inaudible] >> has he read it? >> he has not. neither has anybody in the administration. still something the administration is reviewing. there are all could have things i can say about it though, that we know generally. as a general matter i can tell you that we certainly are pleased that democrats and republicans on the hill do seem to be coming together around a proposal that will avoid a government shutdown. we talked in the past how a government shutdown is bad for the economy, and particularly at this point where we are starting to see some headwind from the global economy at the same time that the u.s. economy is demonstrating signs of real strength and resilience. at the last thing we need are additional headlines, headwinds eminating from capitol hill. we are pleased they seem to be coming around to a proposal that would avoid exactly.

that you will also recall, jim, over the course of the last several months there have been a couple of specific requests this administration made for funding key national security priorities. that includes funding for our effort to degrade and ultimately destroy isil. it is our understanding based on the top line review that has been done of this agreement that there is, there are substantial resources committed to that effort. we are certainly gratified by that. you will recall that the administration early last fall made a specific request for resources to deal with the ebola fight as i talked about a little bit earlier, both in terms of making sure we have resources necessary to stop this outbreak in its tracks in west africa and as well as improve readiness in medical facilities here in the united states. again a top-line review of the agreement does indicate that there are significant resources that are committed to that effort. we certainly are pleased by that. there are also some key funding proposals related to domestic

priorities that will benefit the middle class. just to take one pertinent example, there is funding in that that is continued for early childhood education programs, something the president will talk about across the street in less than an hour. we are certainly gratified that there continue to be, that there is a commitment of resources for that important priority. on other side of the ledger republicans identified as their priority to try to undermine's the president's effort to reform our broken immigration system using executive actions and to cut carbon pollution. again based on a cursory review of that agreement it is not appear republicans were successful in that effort. and so that is certainly something we're gratified by. at the same time, this is compromise proposal. democrats and republicans have signed on to it. and we're going, that's why we're going to review -- jon: josh earnette, the white house spokesman moving on from his discussion of the release of the senate intelligence committee report on

enhanced interrogation techniques, essentially saying this white house never embraced them and outlawed them. we're going to hear from the former attorney general under george w. bush, alberto gonzales on other side of the break. if you want to continue to watch the white house briefing, we have streaming live right now on foxnews.com.

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now with the you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. shannon: the senate report on cia interrogation tactics post-9/11 raising questions about exactly what the bush administration knew about the program. the report finding that the president's team approved techniques used to question terror suspects but was kept in the dark about aspects of the program including whether the tactics really worked. joining us now, alberto gonzales former attorney general under president george w. bush and dean at belmont university

college of law. thank you for joining us today. >> it is good to be with you. shannon: i want to start with some of these questions. the cia report talks about the fact that there was a lot of misinformation or omission when it came to informing the administration about exactly what was going on. did you ever brief the president, to your knowledge, top members of the cia brief the president? what did the white house know? >> well i mean very early on in 2002 we started having conversations about this and i remember having a conversation with andy card about how much detail to give to the president. we both agreed until we finalize the details basically what i told him we were looking at doing enhanced techniques and what was important for his perspective that they be effective and they be lawful, so cia would say they are effective and we would have the department of justice confirm that they are lawful. that is what the president really cared about. now in the following months and

years i was present with many conversations involving the president where techniques were discussed. so i just assumed that someone, someone had given him a briefing about what was actually going on because he certainly seemed to be aware of it. if you read his book, decision points, beginning 2002 he talks about conversations he had with tenet about interrogation techniques, i don't know how much detail the conversations went into but clearly the president was aware, had a general knowledge about what the administration was involved in. shannon: okay. i want to refer to a little bit what we got from the senate report yesterday saying the cia repeatedly provided inaccurate information to the doj and thereby essentially guarantying or trying to a guaranty they would have the legal framework or justification they needed. did you feel you were ever provided misinformation or was the doj getting what it needed to accurately provide legal recommendations? >> well the information as to whether or not these tactics were effective was critically important in our analysis as to whether or not these techniques

were lawful. and, we obviously expected to get truthful information and as attorney general and as white house counsel, i never did i have the impression that we were being misinformed. i'm not sure that we, that even following this report that we were misinformed. i have some serious concerns about the validity of the report. you know when, when the report conclude that the techniques were ineffective, i worked with george tenet and porter goss and mike hayden. they testified under oath that they were effective. that they were very effective in saving lives and so, because of the way the report was created, and because the conclusion differs so starkly from the sworn testimony of these individuals, i've got some serious concerns about the validity of the report. shannon: well in rolling out the report yesterday senator dianne feinstein, outgoing chair of the senate intelligence committee said they relied on more than six million pages of documents and information and interviews that were conducted a long time

ago by the cia's inspector general saying that would be better than interviewing people 10 years later, faulty memories, those kind of things. do you feel like the report would be more valid in your viewpoint and the viewpoint of other critics if they actually talked to those individual involved in these interrogations themselves, even if it is ten years later? >> no question about the because what they can do, they can compare condemn an just comments with what they may have said 10 years ago and resolve discrepancies. this report suffers from the fact that this is democrat report. we don't know what omissions may have been made of important evidence or facts. we don't know information in the report is put in an improper context. i think the fact there hasn't been a recent conversation with key witnesses and key participants i think presents a serious issue for the report, but again from my perspective the most damning thing is the conclusion that these techniques were ineffective based upon my,

what we know from the sworn testimony of former cia directors. shannon: okay. this is raised a lot of questions, this report coming out. the white house saying the president outlawed most of this on his first or second day in office. josh ernest reiterated that today but there are no questions about the current administration's current handling of terror threats specifically with regard to the drone program. i want to bring you something comes from human rights watch, written this year, not a right-wing group, funded primarily by george soros's open foundation. they wrote the obama administration increased sharply the use of drones again under george w. bush for lethal strikes in pakistan, yemen and somalia. the strikes have killed hundreds of people, including civilians and some clearly violated international law but the u.s. government has refused to tis close basic information about the program from its full legal basis to how it identifies

targets. does this now, the release of the senate intel report put any kind of additional pressure on this administration to justify the drone program? >> well that will really depend on the congress and the american public. the president said these enhanced interrogation techniques hurt our standing in the world. from my experience, the existence of these techniques was widely known by our friend and allies. certainly widely reported in the press and has been so the past few years and it hasn't hurt our relationship with our allies. they still take our intelligence. they still want to work with us because they realize how important the united states is as a partner in fighting the war on terrorism. i do agree with you with respect to the drone, the use of drones and the killing of innocent civilians in connection with some of these drone strikes. i think you could make equal argument that also hurt our standing in the world. so the war on terrorism it is tough and it is brutal. sometimes mistakes happen.

but i, you know, i'm worried about what the disclosure of this report at this particular time is going to do with respect to our efforts to successfully defeat terrorism. shannon: former attorney general alberto gonzales, thank you very much for your time today. >> thanks for having me. >> just last week the dow was flirting with 18,000, making records just about every day. right now, well it is not very happy. down 150 points. even as it costs a lot less to fill your gas tank. why the price of energy is driving the markets today.

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jon: right now a quick look what's still to come this hour of "happening now." firefighters battling a massive fire that ripped through a senior housing complex in texas. an exchange student testifies that he and his friends were garage hopping on the night his friend was shot and killed in montana. the defendant's neighbors take the stand in the test of the castle defense. it was just a quick hop across the pond. we'll show you how prince william and princess kate wrapped up their first official

visit to the united states. shannon: this is a "fox business alert." lawmakers getting closer to a deal to keep the government up and running before the deadline tomorrow night. plus the plunging price of oil hitting u.s. markets. the dow is down about 156, 157 points. joining from us the fox business network studio is lauren simonetti to tell us more. hi, lauren. >> good morning, shannon. stocks are selling off, this is so uncharacteristic for decent. markets generally rally. people feel good. one of the months strong for your investments. a big reason for today's decline is the sharply-lower energy prices and they keep falling. oil plunging about $3 right now to fresh five-year lows. it's about at $60 a barrel right now. huge deal. it is taking names like hess, chevron, transocean, schlumberger, down as well. those stocks plus others now trading at share lowest levels in a year. and energy companies around the

world are starting to adjust their production forecasts to fit this new reality of inexpensive oil. and what did opec just do? it cut its oil demand outlook for next year, saying global demand will fall to the lowest point in more than a decade. and the energy department cut its gas price forecast saying driverses can expect to shell out $2.60 a gallon in 2016. by comparison you're spending 2.64 today to fill up. so this is good news and it is also good news for retailers like costco who is a winner today. the warehouse club posted stronger earnings. lower gas prices is a double win for costco. it pays less to fill up its gas pumps. second, those savings are passed on to customers and can spend more freelly at its stores. lower gas prices, lower oil prices, a double-edged sword, shannon. shannon: it works both way. thank you, lauren, very much. >> thank you. shannon: don't miss lauren

simonetti on your sister network f you're not sure where to find fox business, go on to foxbusiness.com/channelfinder. jon: delta is beginning to offer five, count them five, classes of seating. delta one gives you access to the sky club, flatbed seats and chef prepared menus and noise reducing headsets. first class is now really second class. that brings you priority boarding, preflight alcoholic drinks and unlimited snacks on flights, more than 250 miles. shannon likes that and meals on flights over 900 miles. delta comfort will provide overhead bins, premium snacks, entertainment, quilted seat covers and four inches of extra leg room. main cabin gives you seat selection options and flight changes and basic economy gets you on the plane. the airline has not announced pricing yet. you do get a seatbelt with basic economy.

shannon: listen you had me with unlimited snacks. when you said that part i decided that is going to be the class that i will get involved with. jon: i really hate airlines right now. >> again, if we could just get awe private learjet so you could shuttle all around. jon: can you work on that? >> i need a couple more zeros on end of my paycheck for us to go there. jon: that is coming up from delta. you can expect other airlines will follow suit. shannon: five classes. crews battle a five-alarm blaze at an apartment complex. the fire give them another big challenge. what they had to do while trying to fight the flames. witnesses take the stand against a man skill killing a student. why they don't think it was self-defense. >> when i heard a boom, boom, boom, then my husband asked me again, did you hear that? i said yes. and then we heard another one after.

shannon: let's check out what's

ahead on "outnumbered" at the top of the hour. ladies. >> hi, shannon. two state department officials on the hot seat as the benghazi select committee holds its second hearing what happened the night of those deadly terror attacks. this as newly-released report find security gaps at u.s. facilities went far beyond the consulate in libya and it was all under hillary clinton's watch. >> that is a pretty big watch. a controversial sex ed class comes under fire asking teens if they are ready for sex and that they can choose their own gender like it was a car color. outrage over a new dress code that tells them to watch their skirt length and hemlines. >> i would not be a legislator. plus #oneluckyguy on "outnumbered." we'll see you then. shannon: we can not wait. thanks, ladies. jon: fighters forced to evacuate seniors while battling a five-alarm fire early this

morning. one person died when the fire tore through a senior living complex in dallas. firefighters received more than 11 calls for people needing to be rescued, some in wheelchairs or using walkers. they arrived to find heavy snoek an flames coming from the building. none of their injuries were said to be life-threatening. no word what caused it. shannon: witnesses testify against a montana man accused of kill al german exchange student in his garage. markus kaarma said he feared for his own safety when firing at teenagers in april. but they said he and his girlfriend baited the teen into the garage after being burglarized several times. joining me a criminal defense attorney rebecca legrand and former prosecutor brian silber. >> welcome to you both. a neighbor said they were very upset and there were burglaries and crimes in the area and they

apparently sounded off to someone, if you come back here we'll hurt you. the neighbor asked, do you think somebody will come back knowing how upset you are? she claims the woman in the house said, yeah, we know they're coming back because we're going to bait them. how much weight do you think the jury will give that testimony? >> you know, hearing from multiple witnesses who said things like that, who heard the homeowners say things about wanting to go after the folks who had broken into their home in the past. i think that may be credible but ultimately the defense's job will be to undercut credibility of neighbors and other folks saying there was a plan to bait folks here. shannon: brian, we heard from another exchange student who was with the exchange student who was shot and killed. they were going around garage surfing. popping into people's garages. they thought it was a game. he didn't think it was a crime. he testified he saw he heard a person say i see you there before his friend was shot. it was dark. it was a garage the how much difference would that make if

they can establish that the shooter did see this guy or have some conception of who was there and what the real threat was or wasn't? >> this is a very key point in the evidence because the defense is going to have a huge problem here. you know stand your ground gives you this presumption that someone breaking into your house is there to cause you serious bodily injury or even death. once you have that presumption, the law that allows you to use deadly force is triggered. however, this is a case about using deadly force to defend property and that is not allowed. and evidence like this testimony and what the neighbors have to say about the statements these people made proves that it was about defending property. these people knew, they laid a trap. that was premeditated and this presumption that is given by stand your ground is absolutely rebutted. that's why they should be convicted. >> rebecca, we talked about the fact that montana actually broadened protections under this law about five years ago, giving

homeowners even more protection if they move forward and believe they were threatened. there are exceptions to the law of course. how much of a burden is on prosecutors at this point to prove that this, this guy, you know, acted in contravention of that law even though it has been broadened in recent years that he doesn't meet the qualifications for protection here. >> it has, the law has been broadened recently but as brian pointed out it is not a license to shoot at will. there are bad facts for the defense here. so the prosecution has to show that they were not in fear of violent felony happening in their home or of an assault on their person. the prosecution has to show that they were not scared of those things. but as brian said, if the jury believes that all they were worried about was stealing a purse or property crime like that, then the jury will be instructed they should find in favor of the prosecution and convict the homeowner. >> and, brian, there is some testimony that the day after the shooting that the man who carried out the shooting says you don't have to worry about

burglaries anymore. the guy is dead. essentially, i took care of it. does that weigh in his favor, showing that he really thought this was a threat? >> absolutely not. it goes to consciousness of guilt. again this is about using deadly force to defend property and you can't do that. in every statement that this guy has made, and is making, tells us that is what was in his mind. it was not about protecting life. that is what stand your ground is there for. because he wasn't protecting life he will get convicted or at least should get convicted. shannon: rebecca, how much does it factor to you, at one point the live-in girlfriend, she said, afterwards, don't worry about the burglaries anymore the person has been taken care of. how much matters that she said certain things were testified and done wouldn't be good for her boyfriend and now since changed her testimony now that we're at trial? >> sure. jurors never like to hear about changes in a witness's testimony. it is going to undercut her

credibility but fundamentally what the defense has to try to do to avoid a conviction is to get the jury to sympathize with them. with the homeowners and think they really were scared and this fear of their life or their safety and not just in fear of a couple of kids stealing things out of their garage. that may be a hard sell piven the facts here. shannon: brian, final word to you. you say you think he should get convicted. what kind of burden of proof are we talking about here? how likely do you think it is? >> burden of proof in a criminal case is always the same. the state has to bring in enough evidence to be beyond a reasonable doubt. the statements that were made, circumstances of this case, that burden will be met. shannon: brian, rebecca, thanks for lending your legal expertise today. we'll see what happens. >> thank you. jon: get this story. a two-year-old boy gets stuck wedging his body into a stool under a table. shannon: oh, boy. jon: his parents couldn't get him out. we'll show you who did and how. plus the royal visit to the u.s. is over.

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built for business. shannon: you heard of the terrible twos. and how often do toddlers actually get themselves stuck? sometimes that is part of the fun? firefighters had to rescue a 2-year-old from a tight spot he got into in china. the boy managed to squeeze himself in a narrow space after small stool under a table and you know how it works, they can't get back out. the firefighters wrapped the boy with a towel. infy minutes with help from a chainsaw, they were able to set him free. don't you know that was stressful for his parents? jon: had to be a little scary. shannon: chainsaw right next to you. jon: what happened to coating him in baby oil?

shannon: not in china. chainsaw. jon: hey, it's a wrap for the royals. will and kate's whirlwind visit to the u.s. is in the history books. julie banderas is here with the fox 411. just seems like they just got here. >> three days and you guys never really got a chance to hang out with them. shannon: that we know of. >> in their defense they have been very busy. the royal pair certainly left many special footprints to the u.s. ending their tour last night in new york city where they seemed to do a little bit of everything the big apple has to offer. what sets the duke and duchess apart from royals past visits their down-to-earth nobility you wouldn't really expect from a royal family. holding their own umbrellas as they walked from their motorcade to the national september 11th memorial and museum in the pouring rain. went inside simply writing william and catherine without titles when signing electronic tablets for visitors. they flew commercial from a flight to london from new york.

they board ad us airways flight and headed to the white house to meet with president obama. the royal pair watched the brooklyn nets play surrounded by new york sports fans sitting close by. kate even getting a sweaty hug from basketball player lebron james. they also hobnobbed with music royals jay-z and beyonce at the game. last night they capped off the three-day visit and gala dinner at fund-raiser at metropolitan museum of art. to celebrate the anniversary from st. andrews in scotland where they met and fell in love. she was five months pregnant. she don ad gown publicly three times. celebrity guests including seth meyers, anna wintour and opera singer rene fleming. what one of my favorite moments, proud dad william gushed about his 16-month-old son prince george he loves playing ipad

games. making him feel he is one of us. guess what, my kids have an ipad too. shannon: the fact she wore same evening gown three times i love that. >> i love she is not trying to make a fashion statement in the fashion capitol of the world. down in lower manhattan there were underprivileged youths perform for them and gave the phone number to one of the performers and say contact me and i will help you. i don't know if it was personal cell phone but contact number. shannon: sell that thing on ebay. >> absolutely. i love that his kid likes an independednt pad. nothing that says good parenting like an ipad. jon: we've been talking about airlines today. did he get snacks on the us air flight? >> i don't know if he got a bag of peanuts. shannon: that shuttle, you don't get a lot on that shuttle. >> no. but i bet he got a silver plate of peanuts. jon: interesting. julie anirvan banerji. >> we're getting a wrap, guys. shannon: here is what we're working off the next hour of "happening now." democrats harry

reid days are numbered as senate majority leader. that will not stop him from pushing back and picking fights with the gop. more on that coming up

martha: how about we see you back here in an hour. jon: "outnumbered" starts right now. ♪ >> this is "outnumbered." i am andrea tantaros. here with us today, harris faulkner, kennedy, also from fox business, melissa francis. and our one hashtag one lucky guy, a regular, paul. and he is outnumbered. >> you are a busy man right now. your schedule is crazy. >> i'm on my way to denver