his newly-found apartment. martha: happy to be home. we wish him and his family back here tomorrow. see you on radio. see you on o'reilly tonight. bill: we have an interrogation today. we do. kilmeade. martha: bye everybody. >> big news today. we start with a fox news alert. as we've been reporting an american jailed in cuba for five years now on his way home. we wait for president obama within an hour to announce the release as part of a major shift in u.s. foreign policy toward cuba. welcome to "happening now." i'm eric shawn in for jon scott. heather: i'm heather nauert in for jenna lee. what a busy news day it has turned out to be. his name is alan gross. he has been now freed from a cuban prison as part of a deal to release three cuban hostages in the united states. mr. gross was detained while working as a contractor for the u.s. state department. he was setting up internet

access in that country. his release was based on human relations grounds and this sets up a big change in u.s.-cuban relations since the cold war. doug, what are we expecting the president to say? >> reporter: too early to say whether or not they're lighting up cuban cigars in the oval office as of yet, heather, but this mark as sea change in the adversarial relationship between the united states and cuba, one existed since 1959, marked by the failed bay of pigs invasion and cuban missile crisis and people of my generation, cover and duck drills and bomb shelters, as a result of the cuban missile crisis. here is what normalization includes at least what we heard from the white house thus far. the president will announce executive actions related to cuba, short of lifting the embargo which he believes requires congressional action of the state department will

normalize diplomatic relations and reconsider cuba's status as terrorist nation. it will expand travel opportunities but not full and open tourism at least not of as yet. it will open agricultural products to be sold and raise on remittances from 500 to $2,000 people sending money to cuba unless that person happens to be a member of the communist party there. cuba will release a u.s. prisoner held for 20 years. three cubans held by the united states are being released. this is not a prisoner swap for mr. gross we've heard thus far. there is opposition to this as you might well imagine. during confirmation hearings for tony blinken to become secretary of state, marco rubio asked him questions about the evolving nature of u.s.-cuban relationships and rubio said at the time, quote, unless cuba begins irreversible democratic transformation the u.s. should not reward the castro region that enrich the regime and help

oppress millions of cubans much. rubio will hold a pre conference immediately after the president's remarks from the cabinet room. how broad the bipartisan support for this deal remains to be seen. rubio said there is not enough votes in the senate to lift embargo against cuba and likely fewer of them when the republicans take control in january. heather, back to you. >> doug, we'll be watching all morning long, thanks. >> fox news confirming that the president will call for lifts of u.s. embargo with cuba and leading to normalization of talks to the communist nation. we await the president's remarks in the an hour. tom udall, democrat senator from new mexico and visited alan gross in cuba in prison last month. how is mr. gross's health, what was the meeting like, and what did he tell you? >> well, first of all wees released on humanitarian ground

and i think it is clear he needed to be released. he wasn't doing that well in terms of his health. so that's good thing and i would just, first of all, tell the gross family i'm joyous with them on his release because i think this is a wonderful thing and i would congratulate his wife judy working for this for a very long time. this is something that is long overdue. it has needed to be done. all of the things you announced that expected that the president's going to do are important things and congress should move forward with lifting embargo. leland: do you think congress will eventually improve that? why do you think this had to be done now? >> well, there was a window here and my sense when i traveled down there and met with cuban officials and met with alan gross was that this time, before you get in the middle of a presidential campaign after an election this was a critical

time to do thing and the cuban officials listened to us. it was a bipartisan delegation that went down. i had a sense something was going to happen and it looks like something big has happened. this is a, this is a sea change, no doubt about it. >> you talk about a sea change. listen to marco rubio your colleague a few moments ago on the fox news channel. he called this decision absurd and compared the president and said he was worse than jimmy carter. here is what your colleague, the senator, said. >> i'm not in favor of the way this release was acquired t set as dangerous precedent. puts a price on every american abroad. governments know if they take an american hostage they can get very significant concessions from the united states. >> senator, there is no doubt nor generations the cuban government has been enemy of america. they imprisoned aisle land population there. they denied freedoms. political prisoners, murdered opponents, brothers of the rescue plane. on list of state department countries that sponsor terrorism.

that is like iran and north korea. senator, why in the world would we open an embassy and have full diplomatic relations with a country that sponsors terrorism? >> we have taking steps today to normalize relations. i think it is long overdue. it is absolutely clear the only thing that the embargo has done is really hurt the cuban people. it hasn't impacted the government in any significant way. there are serious things boeing on going on inside of cuba and outside of kook ba that impact the united states. investigation for oil which if you had an accident that could come to the united states and our beaches and hurt tourism. we're not having anything to do with that. we're not having a relationship. we're not letting our oil companies travel down there and listen to them and pass on critical knowledge that's needed. these are all very important things that are in the best interests of our people and their people and i think normalizing relations, long overdue. we've got to do it and congress, our role now is to step forward

after the president does this, which he has authority to do. we need to step forward and lift that embargo. >> but, finally, senator, as you say, talk about oil and trade, is that worth sacrificing the principles and tenets of american deknock sy and what this country stands for, dealing with a communist marxist government? >> i think if we send our people down there, our values will shine. i think cubans will see what we stand for and i think that will help engender democracy in that country. >> senator mark udall, democrat of new mexico who was with alan gross. >> tom udall. >> sorry, senator. good to see you. and. >> thank you. >> you won re-election too. thank you. >> you bet. >> back here at home, former florida governor jeb bush coming out of the gate a little bit early, announcing that he is actively exploring a run for the white house in 2016.

well democrats already taking shots at the potential candidate but bush may also face a challenge winning over voters in his own party. a recent poll shows mitt romney in the lead with 11% support among self-identified republican voters. jeb bush coming in second at 10%. in the meantime, among democrats, a poll shows hillary clinton at 62%, with a wide lead over senator elizabeth warren at 12%. chief political correspondent carl cameron is live in washington with the latest look at all of these polls. then we hear that governor pataki, former governor of new york may step in. a lot going on, carl. >> sure a lot of names will be thrown out there and jeb bush announcing yesterday he is creating a pac to explore presidential run already stirred things up. it is worth noting there are awful lot of candidates out there, and if you take a mitt romney out of the poll, a awful lot of polls say jeb bush if not is the frontrunner. hours after he made his announcement yesterday, kentucky

senator rand paul on kelly file launched 30 second broadside against the fell governor who is unapologized snorter of common core. they have come particularly during the obama administration, a federal curriculum instead of standards and undermines state and local education authority. >> ronald reagan ran on the platform of getting rid of the department of education. we always believed in decentralized education. so for jeb bush to run in the primary will be very, very difficult because if you're going to be for a national curriculum and common core and no child left behind, this accumulation of power in washington that is not very popular and will be overcoming if he thinks he wan win the primary. >> as florida's governor from '99 to 2007, bush earned a bipartisan reputation as successful and pretty fearless red h education reformer who would bad he will anyone in the way of excellence. he says common core are

standards not curriculum. obama administration has tax money involved in that. it is important that standards stay high, if states want to o out he is okay with that. he finds the debate struggling and argues any state should have a standard. there should be regularity for u.s. kid to be taught in order for them to compete around the country and around the world. it is interesting, heather, if you last night googled jeb bush, first thing come up would a rand paul ad that said we need leaders who will stand up to common core. in iowa last night, home of the first caucus of 2016, bobby jindal gave a speech to a bunch of republicans at a dinner last night and he said he too thinks jeb bush is wrong on common core and americans should look for less intrusion when it comes to education and local control. heather: carl cameron, we'll be keeping you busy. >> you bet. leland: jurors in day two of deliberation and reviewing video evidence as they decide whether a montana homeowner was

justified in shooting and killing a student he found in his garage. turns out there is more than one way toside step congress. not just the controversial executive orders coming out of the oval office. are have you heard about the surge of presidential memoranda from the president's desk? what do you think after third bush running for president? jeb bush and the potential jeb bush and hillary clinton matchup? join the conversation. visit fox news/happeningnow. visit america's asking to share your thoughts and we'll have a lot more about the possibility later on in the hour. [coughing]

dave, i'm sorry to interrupt... i gotta take a sick day tomorrow. dads don't take sick days, dads take nyquil. the nighttime, sniffling, sneezing, coughing, aching, fever, best sleep with a cold, medicine.

two weeks later. look, credit karma-- are you talking to websites again? this website says "free credit scores." oh, credit karma! yeah it's actually free. look, you don't have to put in your credit card information. whew! credit karma. really. free. eric: right now some information on crime stories we're keeping an eye on for you. it is the second day of deliberations in the montana trial of markus kaarma. the jury asked for another look at the video evidence in the case. he is charged with deliberate homicide in the fatal shooting of a german high school exchange student he found in his garage of the student they say was

looking for alcohol. the defense said they were afraid they were burglars. deliberations in bob brasher trial is put on hold while he is hospitalized with undisclosed illness. he is charged with hiring a handyman to kill his wife so he could be with his mistress. the sheriff is expected to announce when the doctor will clear him to return to court. texas mother of five will be home for christmas after serving years in prison for the deaths after foster child. the judge gave her bond after the appellate court overturned the conviction. d.a. plans to try her again for murder. she was accused of force feeding a four-year-old boy with enough salt that it killed him. >> federal judge now declaring parts of president obama's immigration order unconstitutional. but that controversial executive action on immigration is certainly not the only power in the president's tool box. there is the presidential memorandum. have you ever heard of that?

maybe not? well this one does not require congressional approval and president obama's on track to use it more than any recent president. karl rove is a former senior advisor and deputy chief of staff to president george w. bush. also a fox news contributor. karl, are these just the same thing? >> in one sense they are because they have the, they have the same force but they are different. executive orders typically deal with high-level matters. memoranda are generally used by presidents for more routine actions. for example, setting up an inneragency task force to develop a response to a particular issue or to coordinate policy in a certain area. what's interesting about president obama's use of executive memorandums is that he has taken them from being routine matters to being major policy decisions. for example, he did not issue an executive order on immigration. he issued two executive

memoranda. which is really unusual because again, the general use has been executive orders are big policy statements based in statute and authority of the president and memorandums have tended to be lower-level routine actions again based in statutory authority of the president. heather: you don't have to provide as much of a citation as i understand it with a memoranda as you do with an executive order, is that correct? >> yeah. executive order has to, based on a previous executive order, you have to cite statutory authority in that memoranda. that is why you use the memoranda itself as a, for routine actions and executive order generally includes a specific statement of the principle source of statutory authority under which the president is acting. heather: to the average folks just looking at this thing, the president is doing a lot of end-runs around congress, and if you look at numbers of executive orders comparing president obama to president bush, president obama issuing 1950 executive

orders so far this year in oval office. president bush issuing 291. when you look at the memoranda as you are talking about, president obama 198, president bush 131. if you add them up president obama done more than president bush did, your thoughts. >> he is issuing executive memoranda at 20% rate higher than president bush and putting him on track to use combined executive order and executive memoranda using those more than any president since jimmy carter per year. this is example of how the president, president always gives bad news for example, on friday nights when the media is not paying much attention. heather: any politician shun does? >> the same minutes pill applies here he issues executive memoranda which typically get less attention, published in the congressional record, register, federal register and typically not as visible to the public and

press as executive orders. immigration action was neural. it was high-profile. everybody knew what it was, the president put it out in form of not an executive order but memoranda. two of them in fact. heather: karl, i want to ask you about the release of alan gross from cuba. we understand the president will come out and talk about potentially normalizing relations with cuba. what does the united states get out of this and what is your reaction to that. >> my reaction i'm grateful for the gross family to have a happy christmas. this man suffered deeply because of his deep stier to see the cuban people live free. i'm with senator rubio on this it would be very disturbing if the president of the united states made implicit quid pro quo with the cuban government if they release gross he will take step to normalize relations. heather: karl, we're putting you live pictures that we're getting out of andrews air force base. we believe this is alan gross.

being accompanied by a few members about congress down there to help negotiate the release. we see people walking down the stairs right now. this certainly a very big deal. karl, go right ahead. >> as i was saying, if this was the release was tied to normalization of relations with cuba in any way, shape or form, negotiations, discussions, basic agreement, be a bad signal to our adversaries around the world. it says mistreat americans and this administration will reward you by giving you something you want. the cubans desperately want normalization with america because they want plenty of hard currency to prop up the regime and prop up their intelligence apparatus and prop up their security regime and the united states should not be negotiating in this manner with the cuban government. heather: karl, quickly what do we get out of it? >> well you know, that is a good question. what we get out of it is cheap vacations in cuba if we have

normalization of relations in cuba. everybody can stay at state-run hotels and people are paid in worthless pesos and only get jobs to get hard currency from european tourists. would love to have american people come as well. cuban people don't get of much or the freedom they deserve. heather: there is the answer. thank you for your expertise and your thoughts on this as we ache a live look at andrews air force base now. eric: we'll have a lot more on the controversial cuban decision throughout the rest of the hour leading up to the president's announcement. meanwhile the search for a killer ends. we'll have the latest on the suspect in a murder of six people in a bloody rampage in a town in pennsylvania. president obama's immigration action ruling. we'll break down the decision coming up.

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eric: prosecutor now confirming that the suspect in that bloody pennsylvania murder spree has been found dead. identified as 35-year-old marine veteran, bradley william stone. he is accused of killing his ex-wife and five of her family members at three separate homes on monday. that of course sparking that massive manhunt. rick leventhal is live in pennsburg pennsylvania with the latest on that story. hi, rick. >> reporter: police and s.w.a.t. teams are gone and pulled crime scene tape off the trees a short time ago and now the pennsburg area is after stone was found roughly half mile from his home. he was subject of intensive manhunt for 30 hours but local state police and federal agents who had to respond to three grizzly crime scenes and conduct ad grid search near stone's home where they found his car, cell phone and his body 1:30

yesterday afternoon. the man shot or stabbed his ex-wife and six family members, died of a self-inflicted cutting wound to his midsection. >> to have an event like this, shatter the peace and tranquilty of the community is very disturbing. >> reporter: there was a survivor of the attack. 17-year-old anthony flick was one of the first victims but one of the last to be found. apparently no one heard the shots or called 911 when stone allegedly killed flick's parents at 3:30 a.m. monday. flick tried to stop stone from attacks little sister and several fingertips cut off and suffered a gaping head wound. his sister was killed. he is in very serious condition but expected to survive. the d.a. said the police went to the home after welfare check after being called to the other two crime scenes, realizing all of these victims were related. we can tell you that the suspect's new wife, and infant son are okay and are his two other daughter who is are safe

and sound today, eric. >> rick, thanks so much. heather? >> tonight i would like to talk with you about immigration. heather: all right. well the president there as you heard him talking about and announcing his executive order on immigration. obviously a very big story but now there is another interesting wrinkle in that. we are now getting the first court ruling on that controversial move. a federal judge named arthur schwab, he is in pennsylvania, declared the president's action unconstitutional. he said that president obama is violating the constitutionally mandated separation of powers by essentially rewriting the law himself. but the judge wasn't ruling on the president's immigration action. he was actually considering another legal case. so let's bring in some lawyers to explain this all. brian claypool, civil rights lit great tore and criminal defense attorney and robert bianchi, trial attorney, criminal defense

attorney and a former prosecutor. gentlemen, robert, let's start with you. the judge saying that the president is basically legislating from the executive branch, something you're not supposed to do. so what is the legal significance of this judge's ruling? >> there is absolutely no legal significance of this ruling. it is with we call in the law dicta. it was placed inside the ruling. they were not vetted or briefed by anybody. why it was in this decision one can only imagine but it has no jural effect but will affect the court of public opinion where individuals will want to use it to support their position. heather: okay, brian, explain exactly what happened. this judge was considering a criminal case against a honduran illegal immigrant. the guy was kicked out of the united states back in 2005. he cale back to the united states. he got a dwi. now he wants to stay in the united states. so the judge looked at the impact of the executive order on

immigration. does that make sense to you? >> well, it doesn't make sense and the last time i checked this morning i hadn't seen that judge schwab was running for u.s. congress because what he is trying to do is exactly what he criticized president obama for doing. >> hold on a second? how does it not make sense? how does it not make sense, this honduran guy is arguing he wants to stay in the united states. so the judge looks at the president's immigration order to try to figure out whether he can stay in the united states or not. seems pretty simple? >> well, it is not the same because president obama's immigration order dealt with illegal immigrants who were living in the united states continuously prior to 2010, who had children who are either u.s. residents or permanent residents. this doesn't apply here. this young man was deported, heather, in 2005. then he tried to reenter the united states and then he did and got in trouble. heather: got dui. >> so it does not --

heather: one thing we have not mentioned, brian, this is it, apparently had a child once he came back to the united states and so now he is trying to claim that he wants to stay here in the united states because he has a kid. what do you think of that? >> well, i mean obviously you have to verify, the first issue you have to verify is whether he has lived in the united states continuously prior to 2010. he doesn't meet that criteria. let's assume he does though. if he does have a child, there is a permanent resident of the united states, then maybe the executive order does apply. but let's get to the next issue then. the other part, the other part of judge schwab's ruling was ridiculous. he said that president obama could not issue a general threshold criteria for determining whether illegal immigrants should be deport and that is ridiculous because all presidents are allowed to issue discretionary orders like that. heather: you know, robert, i'm wondering if this is a case a lot of judges across the country confront these issues on daily basis and you have the executive

order from the president coming down. if i'm a judge, i'm thinking how do i incorporate the president's directive with current law and what do we do with these folks? >> this wasn't the judge's prerogative. this is the prosecutors and law enforcement and executive branch's prerogative. as former head county prosecutor i can say we can issue executive directives how we want to enforce law enforcement. there is tremendous amount of discretion law enforcement has and president and attorney general of this country can issue whether there will decriminalize it. whether they focus energy and resources on it. that is completely prosecutorial around executive brand of government decision. why the judge jumped into this where they are supposed to be interpreting whether or not the laws are followed and whether or not the executive branch government is acting properly at this stage is beyond me. heather: all right. we'll leave it there. brian claypool, robert bianchi, thanks for joining to be continued. a lot of debate about this one, thanks. eric: heather, pakistan is a nation in morning -- mourning

after that unspeakable massacre of children at the school by the taliban. the death toll is rising. now they say more than 145 killed. how does the civilized world stop it? we'll have that coming up. hi, i'm henry winkler and i'm here to tell homeowners that are sixty-two and older about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works, how much you qualify for,

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heather: all eyes on russia as the currency is in free fall along with the price of oil there. look at the dow this morning. it is up 101 points. joining us from the business network lauren simonetti. hi, lauren. >> hi, heather.

stocks are marching higher today trying to three days of losses that took the dow down 535 points. there is cautious overtone behind today's rally of the fed wraps up its final rate meeting of the year 2 1/2 hours from now. investors do what they always do, deciphering the language the fed uses to see when interest rates will go up for the first time in six years. meantime we do have comforting news on the inflation front. a measure of consumer prices fellas month by the most in six years. cheap gas is the reason. still many investors they're worried about turbulence in russia, particularly yesterday when moscow hiked interest rates there to boost the ruble but it continued to fall dramatically anyway. so many russians went out and they bought expensive things like fancy cars and electronics, because they were cheaper. they also ran to the banks to exchange their rubles for euros and for dollars. now today the ruble is trying to stablize. russian officials intervening, launching a currency

intervention and other measures to support the ruble. the russian economy obviously hit by cheap oil but oil prices, they're rising a bit right now. we got new data that show u.s. crude supply, it fell less than expected last week. and as a result the energy sector is seeing its biggest gain today in three years. heather? heather: we like that one, lauren simonetti. thank you so much. you can catch lauren on our sister network the fox business network. if you don't know where to find it on your tv, go to foxbusiness.com/channelfinder. eric? eric: heather, 20 minutes from now we'll hear from the president of the united states, expected to call for a lifting of the u.s. embargo against cuba there may be talks that will normalize relations with that communist government. this is the most significant shift in u.s. policy toward the island in more than 50 years. this comes as american alan gross was released from a cuban prison. he arrived back on u.s. soil

moments ago at andrews air force base after spending five years behind bars. we go to u.s. ambassador john bolton, former ambassador of the united nations and about to make the stunning and private announcement at the top of the hour. is it wise. >> no, it's a very bad decision. it is bad with respect to cuba, it will throw the castro regime a political lifeline of legitimacy they don't deserve. it will undoubtedly result in more economic resources flowing into cuba, largely at the government's control. that is an economic lifeline. and i think even worse than the mistake dealing with cuba bilaterally is the global signal that this sends. the president, for his own idealogically driven reasons have reversed 55 years of american policy. so our adversaries all around the world will say two years to go in the obama administration. now is the time to line up to get what we want. in iran they're recalculating their negotiating strategy on the nuclear weapons program saying we'll get even more

concessions now. in north korea they're saying, well they're not taking down the sony corporation. they're saying let's get into negotiation, serious now with the united states over our nuclear program. we can get what iran gets. this is a very, very bad signal of weakness and lack of resolve by the president of the united states. eric: supporters of this are saying this will help the cuban people. they are in desperate shape because of this tyrannical government and this could help them. >> if you ask the cuban people say do what you can to bring this regime down. we'll not get freedom as long as the regime remains in power. you can have more economic prosperity and still have an authoritarian government. ask the people of hong kong what kind of government they have got after the handover from britain back to china. we saw the repression of pro-democracy protests there. it is a mistake to think that giving cuba a benefit will suddenly turn it into a free society. this policy of the president, i will use the word, this policy

appeasement. it is the notion if we just give in, and say you know, we have only your best interests at heart that the cuban government will say, oh, well, 55 years of worries are over, we'll change our policies. it is not going to happen. eric: of course cuba, havana remains on the state department list, state sponsors of terrorism. >> that might be coming off, something the president could do on his own. eric: maybe if there is a deal there. turning to the other story, horrible, unspeakable attack by the taliban in that school, that massacre, numbers are up to 145, how do we deal with this and what is the administration not doing and pakistan not doing that they should be to try to prevent this? >> this shows the risk in pakistan of not dealing seriously with terrorism worldwide, specifically in afghanistan, if the president carries through whether 2015 or 2016 and finally does withdraw american forces. taliban will come back into power there. if that happens, pakistani taliban will have a refuge

across the border. the pakistani government itself is weak, whether civilian or military. it has been a catch-as-catch-can thing since the partition of the british empire there in the late 1940s. if the pakistan false to taliban or other radicals they will get immediately pakistan's nuclear weapons arsenal, perhaps 60 to 200 nuclear weapons which would make them an immediate terrorist threat worldwide. it would be like iran on steroid right now. eric: what are the chances of that? the pakistan army had seemingly successful incursion of north waziristan. they deployed 30,000 government troops and there is belief that the government can't fall. >> military successes are welcome. let's be clear, the terrorists have infiltrated military for a number of years. one wise foreign sister observe observed, pakistan is the only government that consists of arsonists and firefighters at

the same time. that is not very encouraging. eric: ambassador john bolton. good to see you. >> merry christmas. eric: you too. heather: a star on the racetrack facing serious allegations from his ex. why she wants protect from the nascar star and his team paints a very different picture.

--i don't know my credit score. that's really important. i mean - i don't know my credit score. don't you want to buy a house...like, ever? you should probably check out credit karma, it's free. credit? karma? free? credit karma. really free credit scores. heather: let's check out what's ahead on "outnumbered" at the top of the hour. hi, there, lady. >> heather, always great to see you. american alan gross is back on united states soil after five years in a cuban prison. the president is expected to speak about this landmark release at the top of the hour. we'll bring it to you. >> has terror rich won a round? sony is canceling a new york city movie premier after hackers issue a threat mentioning 9/11. >> for very first time hillary clinton weighs in on the senate's controversial report on cia interrogation. >> all that plus our hashtagger one lucky guy you know him and love i am.

>> i can't weight. heather, almost as awesome as going back to you. >> thanks a lot. we'll see you real soon. eric: the shocking terrorist attacks on that school in pakistan. the australian jihadi killing those hostages, the rice of isis and the spread of radical islamic terrorism. what is happening today could echo one of the darkest chapters in human history around the survivor of two nazi concentration camps worries those hatreds have not gone away. >> i lost my freedom, my family -- eric: leslie schwartz beat all the odds and survived the holocaust. he was 14 when he and his family were rounded up in hungary. >> we were taken from my hometown and we marched to the railroad station and while marching, they, you know this was tremendous kick of beating some of the elderly including a

rabbi who was constantly beaten with a bayonet. eric: from there, leslie and his family were put in a cattle car an taken away. condemned to the nazi concentration camps auschwitz and dach call, and he lost his parents and sister in the holocaust. he was examined by the infamous doctor joseph mengele. he directed human experiments in auschwitz. >> i was with my mom and when i noticed where dr. mengele was doing the selection, i noticed how babies were taken from mother's arms and there was a tremendous commotion. >> today as the world watches a new horror unfold, he worries that nazi philosophy, that led to the killing of six million jews during the holocaust is similar to the beliefs of the islamic terrorists of isis, who like the nazis have executed the

innocent and killed christians and others for their faith. >> the philosophy of course is very much the same. you know, this, gestapo behavior, they would love to kind of formulate that to, to send a message of, a frightening message. you become a ghost. eric: schwartz, now 84-year-old new yorker, dedicates his life to telling his story to students, hoping history will not be repeated. >> when these young students see a who caught survivor, it has a much greater impact than any book they read. >> he has spoken at more than 100 high schools in germany and says his lessons are as relevant today with the threat of the islamic state as with nazi germany 70 years ago. >> one 14-year-old german kid

said to me, mr. schwartz, i would love to have you as my grandfather. you can not get nicer compliment. and here i said to myself, is this unbelievable, here we are approaching 70 years ago when dach daca uconn station camp was lib lated. eric: he spoke in the hungarian consulate in new york and will appear across the united states and canada as we begin the year. he will be returning to germany once again this coming sumter eplighten a new generation to never forget the lessons of the holocaust and what is happening today. he is truly a remarkable and amazing man. heather: what a national treasure he is to share his story with so many that wouldn't learn it any other way.

gave me chills. thank goodness he is alive. eric: absolutely. >> a very different kind of story to bring you. the former girlfriend of a breat describing describing what she claims was a violent assault at his hand and why she wants protection from her ex- and then the very different story that his lawyers are telling. that is coming up next. female announcer: get three years interest-free financing

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i was thinking about htaking this speed test from comcast business. oh yeah? if they can't give us faster internet or save us money, they'll give us 150 bucks. sounds like a win win. guys! faster internet? i have never been on the internet and i am doing pretty well. does he even work here? don't listen to the naysayer. take the comcast business speed test. get faster speeds or more savings, or we'll give you $150. comcast business. built for business. eric: former girlfriend of a race car driver breaking down in court while describing how she says he assaulted her. that driver is nascar star kurt busch. his ex, patricia driskell wants court protection. accusations come from both sides. julie banderas has the fox 411. >> violent case of

he said/she said. kurt busch's ex-girlfriend, patricia driscoll accused the driver attacks her in september is fighting back in form of getting restraining order against him. in family court she spoke about alleged attack in motor home in dover international speedway. during her six hour testimony she said he just snapped and he quote, sprung up from the bed, grabbed me bit throat with one hand and face, with the other. and smashed my face into the wall three times. driscoll also described bush as alcoholic dealing with depression issues which she said led to the night of alleged attack and fears for her safety. busch's attorney tells a much different story around saying driscoll is lying and determined to ruin their client's career. according to "tmz," the nascar driver have proof she couldn't possibly be afraid of him, citing sources busch's legal team submit ad youtube video driscoll, which is titled pocket

commando. driscoll was at a gun range and in the video she calls herself a commando mommy and talks about the company she owns, front line defense systems while showing off her shooting skills. the video was intended to pitch her as reality tv star according to "tmz" which busch's attorneys plan on arguing that the driscoll is a trained assassin and has no reason to fear busch. both sides will appear in court. no word when the judge will make a ruling. we'll stay tuned to see how this pans out. pretty crazy stuff. heather: that is a quite a story. julie, thanks. stories that we're working on to bring next hour of "happening now," another bush family member thinking about running for president. we could see another clinton-bush race in 2016. voter may not be impressed with that idea. we'll look at latest fox polls for 2016. daring water rescue captured on video. we'll tell you what happened and where.

>> a quick programming note to tell you about. today, an interview with tara kyle, wife of american sniper chris kyle. right here on the fox news channel. >> and just a minute from now the president is supposed to make a major and controversial decision an announcement about cuba. >> we will see you in an hour. "outnumbered" starts right now. >> this is a fox news alert. a prisoner released and what could be a major shift in u.s. policy. foreign-policy that we are watching right now. president obama to announce any minute now an american held in cuba 45 years in a prison is free. this is "outnumbered," i am harris faulkner. here today, andrea tantaros, kennedy, stacy, and our one

lucky guy, cia covert operations officer and president of the global intelligence and security firm mike baker. good timing, a lot to get to today. you are outnumbered today. >> i am, this is my mother's favorite show. this is the one time she will watch me on television. >> american contractor alan gross back on u.s. soil hours after his release was announced. he was sentenced to 15 years behind bars for espionage while working as a subcontractor. cuba accused him of being party to us-led plot to overthrow the communist government. we are joined by bret baier as we get set to hear the president. >> harris, good afternoon. you're looking live at the white house waiting for president obama to deliver these remarks. it is notable