and we'll see you back here in an hour. jon: the hunt goes on in paris. we'll have an update. "outnumbered" starts right now. ♪ ♪ >> this is "outnumbered." i'm harris faulkner. here today andrea tantaros from our sister network, fox business, elizabeth macdonald, she covers the supreme court for us and anchors america ease -- america's news headquarters shannon bream, and today's *oneluckyguy returns judge alex. he is outnumbered and welcome. >> do you know how much i love you? i left 75 degree miami for 9 degree new york. [laughter] that's true love. >> you brought the heat because it was zero this morning. thank you. >> you're welcome. >> good to have you. we have a big news day. >> hot cocoa, we'll warm you up. >> you better start burning the furniture, that's not going to do it. [laughter] >> let's get to it. in france security being ramped up as that intense manhunt continues for two boars the suspects in yesterday's attack

on a newspaper in patients. twelve people -- in paris. twelve people were killed. here are the faces. cherif and said cue ramp chi, and one of them may have strong links to al-qaeda with reports that he was already known to french intelligence services due to his history of funneling jihadi fighters to iraq. additionally, there is a third man who turned himself in after seeing his name linked to the terrorist hit in social media. amid the manhunt a day of mourning now in france. earlier this moment of silence. recognizing the time the killing began yesterday. french citizens linking their arms, as you can see here, they are vowing to stand up to terror. french president hollande says his country has been struck in the heart. greg talcott live from paris with more. greg? >> reporter: amazing stuff,

harris. the day after the brutal shooting which led to the death of 12 the critical injuring of another four just a block from where we're standing the manhunt is intensifying. you showed the pictures, we'll show them again. these are the two prime suspects that the police are looking for their names cherif and said cue ramp chi. every single person in france by now has seen those pictures. 850 additional police and soldiers are out on the street looking for these men but also defending against another attack. that is one of the many fears that authorities here are dealing with right now. the latest word we're getting harris is there is a lot of focus about 40 miles to the northeast of paris. there was a sighting of two individuals who resembled these shooters. there's some reports they robbed a gas station and fled from their car, and now that area is being blanketed with police both cars, armored vehicles as

well as helicopters. one more track on this intense manhunt trail. you mentioned, too, one suspect giving himself up, that is the 18-year-old hamid hamyd mourad. it's believed he could have been the driver of a getaway vehicle. he says he was innocent, and the city remains on edge. early this morning just outside of paris in the southern suburbs of this city a policewoman shot and killed, she was just attending a traffic accident. a man walked up and killed her. there is no confirmation of any lungage with the brutal a-- linkage with the brutal attack from yesterday. you mentioned the outpouring of grief and mourning for the loss of these individuals, of the people in the satirical newspaper which stood for so much more a freedom of expression, freedom of speech. in fact, a newspaper headline said exactly that. one paper said freedom

assassinated, another paper said we will not be killed, freedom will not be killed. i'll just step back a little bit and show you again we've been showing you this memorial one of everything several that we've seen growing and building all around this area. we spoke to an american woman today, and she told us about the notes and letters that she was getting from all over the world and putting up cards and messages not far from where the killing happened. so the french are struck, americans are struck, everyone around the world struck by this and the authorities -- having lived here and having known the french police -- we know that they will not let this drop for a second. back to you. >> greg talcott reporting live from paris. let's stay in paris and put up a live picture now of a vigil that is going on. we knew this was planned. i mentioned the moment of silence earlier, but this is live now and this is the place

d'republic. and i can tell you this is what it looks like when a free society gets together no matter what has happened. i know there is tight security throughout paris but these scenes are replicated across europe because late last night you could see people outside the arkty trii don't mean but also all across europe where people were gathering to pray for the victims and also just keeping a mind to shore up and pray for the police departments and all the federal authorities there in france as they hunt for these guys. of course, they lost some of their own because at least two police officers were killed yesterday in all of this in paris. so we wanted to wring you this live -- bring you this live picture as the hunt goes on elsewhere. the hope goes on in the heart of paris right now. god bless them. andrea? >> all right, in the meantime, those attacks in paris leading some lawmakers to slam president obama's foreign policy and his budget priorities saying they're putting america at risk of a

similar attack. now, in his first televised interview since becoming senate majority leader, mitch mcconnell telling "the kelly file" last night that president obama is down playing the threat that radical islam poses to america and that his policies are making america less safe. >> the president's policy is basically to kill terrorists with drones. i'm not necessarily opposed to that but, of course the most important thing you can do is capture a terrorist and interrogate them. he's in the process of trying to close guantanamo which is the perfect place for foreign terrorists who are captured overseas. >> and earlier on "america's newsroom," this reaction from senator lindsey graham who's been a military lawyer for more than three decades. he explains why putting terrorists in our courts and not in gitmo is a bad idea. >> president obama's policies are making us very much less safe here at home. number one, he has criminalized

this war. in the last year we have captured high value targets that would be a treasure-trove. rather than having them as enemy combatants as charles krauthammer suggested, he is reading them their miranda rights. we've gone from one extreme to another. >> so are we treating the war on terror more like a law enforcement issue when we should be treating it differently? judge al rex, i want to go to you first on this was as much as -- because as much as believe we should keep gitmo open, we have had success in court trying some of these terrorists. what do you think? >> i think you have to separate criminals from basically prisoners of war. we are in a war against terror, and we have been for a very long time. it seems like over here we're still debating it. but i went to the middle east with the pentagon in 2006, and back then in briefings we had with generals, they basically said this is the new war. there will not be another war

like world war ii. this is our new paradigm here. we will be fighting a war on terror forever. it will never end. and that message doesn't seem to have been made to the american public. everybody thinks we can come back and avoid war. but when you're in war, you have the enemy that you don't treat like a criminal. we have criminal approximates for people to make sure we don't convict an innocent person. people at war who were trying to kill you and are captured are valuable sources of information about where the next attack is coming from. you don't mirandize those people. in world war ii you didn't capture a german soldier who knew about the enigma code-breaking machine -- >> right. >> -- or something and mirandize them so they wouldn't give you information. so i don't know where the perspective got changed, but somebody is really on the wrong book. >> uh-huh. and we've seen this, harris, before calling fort hood workplace violence. a lot of concern there about how we're treating these terrorists. you heard lindsey graham say we're droning -- or mitch

mcconnell, i should say, it's not necessarily a wad -- bad thing, but we're not garnering intelligence. everything we're doing at home now is the opposite of what we should be doing. >> well, i still am on the fence about whether or not i believe that us talking about the enhanced interrogation would change our activities if we thought there were imminent danger. see, i don't believe that. i think that if there's somebody who has an intent to blow up a bomb, i happen to believe in this country that we will repeat some of those things that were just in that report just like we did in some of the things that were in the church report in the 1980s. because when the time calls for it, we will do what we need to do. we can naval gaze all -- navel gaze all we want. >> and i've got to ask you shannon, you cover the supreme court. one issue that is ticked off both right and left is the nsa. and senator bob corker of tennessee came out and said in wake of this paris attack, obama's nsa needs a bit more

power. we should amp up our spying. do you agree with that? it seems obama's nsa has a lot of spying power already. >> this is undoubtedly going to end up at the supreme court. justice scalia saying i think it's probably coming our way. we're waiting on a ruling based out of the second circuit here in new york, they heard a case last fall, and there was this discussion from the judge, a lot of skepticism from the three who heard it saying you're telling us the government needs all of these phone records, what about you going after someone's bank records, credit card records knowing where you spend your money and what yo i do? if we give you this, how much further are you going to go? so i think, undoubtedly, this is going to the supreme court and that may be where we get our final ruling on this. >> e. mac, i talked to a former or federal prosecutor under the bush administration, he's now at the heritage foundation about this extensively. and he argues we have had a lot of success in federal court. i know it's very controversial,

bringing these terror suspects to cities like downtown manhattan. but if president obama's going to be to be releasing terrorists from gitmo are the courts the best chance we have of putting these criminals away -- terrorists, i should say, not criminals. >> that is such a hot button issue. by the way, with the nsa, then you'd really have a government that listens to all americans. i know that's a joke there. let me just back up. you know, what happened with the attack on the parisian newspaper, it should be noted that a muslim was killed and also a gentleman of algerian descent. getting back to your question on whether or not we should be trying them in the court, this strikes right at the heart of the debate. people in the fbi say this is a police enforcement action. and some people would say no it is not a police enforcement action that leads to a court case. they have declared war on america. it is a war -- it should be treated like a war. they should be treated like prisoners of war. >> judge alex, but if the administration's going to be releasing these terror suspects

from gitmo which obama says he's going to close gitmo, he doesn't seem to care what happens, how many people are killed in paris, fort hood or oklahoma city, he's going to close down gitmo. are the courts the best chance that we have? >> for some of the cases, i would say they are. i don't understand the whole concept of releasing then when we've already seen statistically over 30% of them return back and kill more americans in battle. so i don't know why we're making that move. we are i guess we're just i guess we're stuck between the reality that now that we know this is a war that's never going to end what do you think with prisoners of war for a war that's never going to end? typically, at the end of war you release the prisoners back, and that's never going to happen. >> don't you think that's why the president keeps saying we're not at war with islam, this way he can argue well there's no war, so i can close gitmo. >> i think there's a lot of reasons why he says that, and one of them is the image of what he has been able to accomplish

and do with regard to al-qaeda and the terrorist groups out there. but that being said bring them here may be the only solution left if you don't have a place to keep them and interrogate them. if you e eliminate that possibility, you end up in our courts. >> i guess my question though is how do we treat these people when we bring them here? the scenario i laid out previously is there's something imminent we know these guys can give us, because the battlefield is changing every minute. if we bring these guys here, how do we treat them? do we put them in our courts or use some of those interrogation techniques -- >> we will never use those interrogation techniques as part of bringing them here. >> what about the guy who's been on the ship for however long? do you think they're just cozying up with some -- >> the slow boat, where is he? >> yeah. i'm saying once they're brought here and they're on u.s. soil to be tried, they're -- >> that's it. >> -- going to be mirandized -- >> some of the people objecting to the interrogation procedures now, these are people on the

hill on both sides of the aisle who were repeatedly, dozens of times, given briefings -- >> of course. they didn't say a word. >> heat of the moment, people act differently. >> they don't want to question the interrogator. that wasn't in that report that was released recently. they just want to be safe. >> they don't want to know how it's being done. >> everything we should be doing, interrogating, trying them at gitmo we're not doing. >> yep. >> disappointing. well, and a live look at paris and the ongoing vigil for those 12 people killed yesterday. the manhunt still on for two suspects. we will bring you any breaking news as we get it right here. plus, an nypd officer shot during an armed robbery leaves the hospital as the unions push to have congress make attacks on cops a hate crime. and if you have never done it before, i encourage you today to make it your first time. go to outnumbered.com/foxnews,

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>> welcome back to "outnumbered." tensions still high here in new york city between the mayor and the police. one of the two officers shot in the bronx while responding to a robbery leaving the hospital yesterday. his partner was shot twice and is still hospitalized. the shooting in the bronx throwing fuel on the fire after two officers were executed while sitting in their patrol car shortly before christmas. hundreds of nypd officers turning their backs on the mayor as he spoke at both fine -- funerals. police commissioner bill bratton trying to heal the rift. the head of the police benevolent association blasting de blasio as the cause of the problem. meantime, a national police union is asking congress to expand the federal hate crime statute to include attacks on police in the wake of killing of those two officers and the shooting of the two others. all right. we have special legislation that

heightens special crimes. judge, you have served not only as a judge but also as an officer. you've done the work on the streets. do you think classifying them as a hate crime is going to deter anybody who would go after police anyway? >> some people. there's some people who it's kind of like the argument about the death penalty, does it really deter people from committing a murder when you have a death penalty, do they think about it and they go to the prisons and ask the people in prison did you ever consider the death penalty, no but those are the ones who actually claimed the crime. you don't measure the ones who are actually deterred. there are some who would be deterred so much not by that law, but a sense of seriousness about attacks on cops in the community. it's just one extra thing where we will not tolerate this. if you attack a cop, the punishment's going to be severe. it's not a bad thing to do. we punish people according to their intent their state of mind. somebody who plans a murder and kills somebody gets a more severe punishment than a woman who comes home and finds her husband in bed with another

woman and kills him. >> right. >> you're going to say -- >> we're not going to start that conversation. >> but somebody who kills somebody because they are african-american or because of their sexual orientation, they targeted that person specifically, should get a higher punishment. i feel it's the same for police. >> e. mac, what do you think? some people say when you have all these special protected classes, you pull a gun on somebody and shoot them, that's probably a hate crime, but if you add on these extra protections, does it do any good? >> that is the issue. i mean judge, here's thing, we have seen a spike higher in ambush -- >> yes. >> -- hit jobs on cops. we haven't seen that since 1995. but already there's the death penalty if you kill a cop. >> yes. >> hate crimes really don't act as much of a deterrent already for those groups, so i don't know how effective it will be. >> and some of these guys take their own lives. it's like going out in a blaze of glory. >> there's nothing you can do about somebody like that. the only thing is the atmosphere you set up which is why i'm so

disappointed on mayor dewhereas owe. it wasn't so much what he said. i've told my own kids listen when you deal with 34reu6rs cooperate. even if you think they're wrong, you're not going to win. >> right. >> i've told them that. but saying what de blasio said which was more like, hey, you're going to have problems with nypd so watch out is painting the police department -- >> political grandstanding. >> the mayor wasn't at this meeting yesterday. it was the police commissioner and the police unions and a spokesman afterwards said, listen, he's done nothing but respect police officers, he's done everything he can to help them. if there's going to be a serious meeting, he'll show up. >> i guess his alarm clock didn't go off again. we know he has trouble getting out of bed. i'm a little bit troubled, judge, that bill bratton has to go to congress to get help to protect his police officers. do you get the sense that he's doing this because he doesn't trust de blasio? and as you know, we covered this earlier on "outnumbered," that

some of the judges here in new york are not throwing the book at criminals here who assault cops, who threaten cops. and so does it strike you as odd that bill bratton, i mean, i can understand he wants every protection, and e. mac's right you should be put in jail for life if you kill a cop period does it strike you as odd that he has to go to congress for help? is that because he feels like de blasio is not going to give his cops the protection they need? >> i don't think de blasio can't give them much protection. i think he can only do damage. by making perceived anti-cop statements, he kind of joins the narrative that is, unfortunately, growing across america. so it's not the death penalty for when you kill a cop it's any crime where you assault a cop because they're police officers that that's your motivation, that there should be a heightened punishment for that. but as far as, you know going to the legislature, there's really no other way to create a hate crime except doing it legislatively. there's no way to strengthen the punishments except doing it

through the legislature. the mayor can't do anything about that. judges, you know we're not grown in a petri dish or a test tube. some judges are going to be very much, oh you're going to attack a police officer i'm going to hold you down, and others are going to be ma'am by panel by about it. >> it's great to have a judge. >> yes. >> a judge on the couch today. all right. well, the terror attack in paris is raising concerns that it this was not the work of lone wolf, but something that could represent a much bigger threat to the west and to america. what u.s. intelligence is now saying. plus, the dangerous and deadly deep freeze gripping most of the country leaving waterways and roads frozen. school canceled for millions of kids. when can we get some relief? ♪ ♪ shrimp? who are you calling a shrimp? that, my friend, is a big shrimp. it's red lobster's big shrimp festival. i get to pick my perfect pair from six creations for just $15.99. so open wide for crispy jumbo tempura

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♪ >> welcome back to "outnumbered." the terror attack in paris that

killed 12 people causing new worries for law enforcement and intelligence agencies because yesterday's chilling violence shows a higher level of sophistication and planning than a recent run of lone wolf attacks against western targets. on greta, lieutenant colonel oliver north explains. >> this is not the lone wolf who just got radicalized last week or communicating -- >> this is a plan. >> these guys worked out beforehand. they surveiled the place, had a getaway plan, all the things you're taught to do in military operation. i wouldn't say it's a great operation. only two guys with gun. look at tight group on windshield of the police car. that is ak-47. that guy knew how to shoot an ak-47. france has more gun control than chicago. how did they get ak-47s and nobody knew about it? >> we have catherine herridge. catherine? >> more investigators learn about the brothers, their

long-standing ties to known jihadist and comanned dough-style raid the prevailing view there is connection to foreign terrorist organization. the u.s. government official says there are multiple scenarios but the focus whether the two brothers. said or cherif kouachi were trained by al qaeda. members house intelligence committee have been briefed by the national counterterrorism center and the cia about the progress of the investigation. u.s. officials confirm the brothers were known to french intelligence and cherif kouachi was convicted of funneling jihadis to iraq and investigators at this hour are drilling down on the men's contacts and especially overseas travel with a significant focus on yemen. senior senate republican emphasizing that the threat is now more diverse because there is competition between al qaeda groups. >> they're in an olympic competition between each other

to try to establish the caliphate, recruit young members and to attack the west and the gold medal goes to the organization that can attack us here at home. >> reporter: less than an hour after the attack an intelligence source confirmed to fox news there was a series of tweets sent out where three al qaeda figures passed, and present figure prominently. the tweets including the images of al-zawahiri leader of al qaeda in pakistan and two american members of al qaeda in yemen. anwr awlaki and khan both killed in drone strikes. they are connected to the al qaeda affiliate in yemen known as aqap. investigators are reviewing the tweets. >> thank you catherine. ambassador john bolton says what happened in paris should be a wake-up call that we're still at war with terrorism. >> first the leadership of the country has to acknowledge we're in a war. let's take a second to look what

happened here today. this was a military-style attack on innocent civilians in the capital city of a major western country. this is a big, big event and if it can happen in paris, it can happen in washington or new york. you can count on it. so, either we come to the realization which is everywhere around us for most people to see we're still engaged in a war on terrorism or we'll see it happen in this country sooner rather than later. >> that's a very scary thought. harris, you've been following this story here. how do we now prevent something like this here at home? i mean at at time when you see such harsh treatment of our police, it is really, not the best time to have these problems here at home. >> you know what is interesting here in new york city, this is off topic a bit but somewhat answers your question directly, you have this bad relationship between the mayor and now they're doing a new contract with the police union and you can better bet after what

happened in paris yesterday they have to protect us in different ways, by the hour because the enemy is changing its course and the battlefield is shifting from country to country. so it's interesting, they have to do negotiations with this mayor over a union contract. how much will include, you will need us almost like a special forces type game. you have to pay us for that. we have to have a good relationship. real quickly, we'll also need the public because as he reported earlier in hour the best witnesses that they have been able to drill down on in paris now the best witness information that they have is that these guys possibly are 40 miles northeast of paris after reports of somebody hit aghast station robbing a gas station and they believe witnesses were spot on with their descriptions of these two guys. so here in america, just after we saw with the boston bombings at the marathon, it will take all of us sticking together. we have to communicate well with each other.

more pressure than ever on mayor de blasio to get his act together with this police department. >> judge, you used to be in law enforcement. a couple of things pop in my head what we should be doing. closing down border. make sure terrorists named with the quick spelling instead of tsarnaev brothers with spelling glitch allowed on the flight. what is with social media? so many terrorists put warning signs on social media. how do we monitor that better? >> society is always struck between enforcement and protection of the public and social and liberal rights of the individual. and i always told people, look the more you want to restrain the police or the investigative forces and say you can't stop and frisk people, the more protection you give up. that is just reality. so if you say yeah i don't want you to stop somebody in public and frisk them, things like that when somebody is outside of your house looking through window of your car to break into it the police won't come because they can't do anything because he hasn't committed a crime. >> wow.

>> we recognize we give up certain protections in order to be safe. those are certain, civil rights in order to have the protections and be safe. and you know that's a fight we'll continue to battle. >> question. comedian bill cosby is performing again and protesters are showing up outside of the venue as his former tv wife, claire huxtable, comes to his defense. we'll tell you what she said up next. ♪ on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees from the bank where no branches equals great rates.

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said they were going to boycott that performance. meantime, two additional women have join ad defamation lawsuit against bill cosby. and three new women are accusing him of assaulting them years ago. watch. >> he drugged and raped me. he betrayed my trust and took advantage of me. >> next i remember, waking up in a bed with mr. cosby naked. >> for more than 30 years i've been sickened by what he did to me. >> also cosby's former television wife, actress felicia rashad, remember she was mrs. huxtable, is speaking out about the accusations defending her former co-star. >> what has happened is, that declaration in the media of guilt, without proof he is an intellectual. he is generous. he is kind. >> you were quoted online saying forget those women. >> that is not what i said.

i said this is not about the women. this is about the obliteration of legacy. i am a woman. i would never say such a thing. >> this is not about the women. there are 30 of them now shannon, 30 of them. i think it was an old james bond movie, there are there is smoke there's fire. we'll reash that. your thoughts as former attorney. you worked in the field of sexual harrassment. >> i think you do take things and don't try them in the court of public opinion but there is a discussion ongoing and you do, if you're going to take this to a court of law, he should have the chance to confront his accusers, present evidence. most of these cases the statute of limitations is gone. people say why didn't the women come forward before. at height of the his popularity we all know in the '80s, '90s, if you're a nobody 19-year-old trying to make it in showbusiness and allegedly you're attacked by him and attorney or prosecutor laughs in your face you can't win the

case, i understand if those are the fact the. >> some did come forward and they were ignored. >> they were told you will never win the case. go away. they were laughed out attorney's offices. >> fact-checking room said 30 women came forward that cosby attempted to sexually abuse them or drug them since 1964. four women allege the sexual abuse took place when they were under age. any different sort of legal treatment if they were a minor back enthis, judge. >> yeah absolutely. there should have been but, as shannon points out he was at the height of his popularity. i don't think these women were given much credit for their stories, they weren't believed. so it wasn't really taken seriously. now the statute of limitations has run. >> even though they might have been underage? >> you're saying now? >> yeah. >> there is a, in most states there is a law that says if the person turns 18 they still have certain amount of time to bring

it after the statute of limitations has run but even that period has expired for these women. >> for felicia rashad, the words that ring in my head he is intellectual. because you're an intellectual you don't do this. >> i get it, accusation is not tantamount to conviction. >> absolutely. >> when you have 30 woman who do not know each other possibly never spoke to each other and coming forward saying the same guy drugged and or raped them this is somehow orchestrated concerted effort to attack a legacy? i think felicia rashad is more upset "the cosby show," is canceled which she starred on. you have common sense of an oyster and don't look at facts of each case and make statements like that. i find it disturbing. >> we talked about the presumption of innocence. i point out the presumption of innocence applies in the courtroom. not in the public eye. we're entitled to have our own opinion. >> do you think she has a point? >> first, let me say i host ad show with felicia rashad.

she is lovely woman. she is somewhat blinded by her affection for bill cosby. everyone can form opinions what the evidence coming forward shows. the ones who can't are people who sit on a jury. they're required to presume the person innocent because they will be deciding the guilt. g guilt. the rest of us are free to decide, wait a minute -- >> felicia rashad was attacking the women, she was in comments. >> she said she was misquoted. those things are not mutually exclusive. you can be generous and rapist. i guess she is trying to defend her friend. if i were her i could have kept my mouth shut. >> i will open my mouth and say this. does the state have the right to make a 17-year-old girl undergo therapy against her and her mother's will? one state supreme court sick tag on that question right now. stay with us. ♪

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>> more "outnumbered" in just a moment but first jon scott with what is copping up on "happening now." >> president obama is about to make remarks in phoenix about the u.s. housing market.

expected to talk about financial relief for first-time homebuyers and cuts for insurance costs for others. stocks up substantially today. the dow up triple digits again in positive territory for 2015. retail sales and jobs numbers giving a boost to some investors today. baby, it is cold out there, single-digit temperatures for much of the midwest and the northeast. classes canceled in many areas, homeless people being ordered into shelters. we'll have an update for you, "happening now." >> all right thanks. >> thanks. >> the connecticut supreme court hearing arguments right now over whether state officials have the right to force a 17-year-old girl with cancer to undergo chemotherapy against her will. the teen known in court documents as casandra c., was diagnosed with hodgkin's lymphoma in september and didn't want treatment a decision her mother supported but in november the department of children and family services took casandra into temporary custody.

here is her mother. >> my daughter is refusing chemo because of poison toxins she didn't want in her body. it not only kills cancer but everything in her body. she knows this. this is her human rights her human constitutional rights to not put poison in her body. her right have been taken away. she has been forced to put chemo in her body right now as we speak. >> the state says it is their responsibility to take action if a child's health is at risk. all right judge, i want to start with you because connecticut has something called the mature minor doctrine where they have to actually determine if the minor is mature enough to make these kinds of decisions of the she was 17. i was in college at 17. i thought i knew everything. clearly i didn't know anything but i feel like that point i may have been old enough to make that decision about my own body. >> i don't know. i think 17-year-olds vary. i was 19 when i became a police officer. when i look back i think it was like giving a monkey a loaded gun. people are different. that being said.

that is right on the border. those are the cases that are the hardest. when you say we'll prevent a parent from denying life-saving treat to 4-year-old everybody okays i'm behind that. when you say 29-year-old, like woman who moved to oregon to do this to end her life because she has horrible cancer, everybody can say i may not do it or agree with it, it is her decision. when you have a 17-year-old it becomes much tougher. i think it is wrong for the department of children and families to force a 17-year-old who is somewhat mature and whose mother is in agreement with her to take chemotherapy she doesn't want. i'm saying that, my brother died from hodgkin's lymphoma. i'm certainly sensitive to the potential outcome here you about we're not dealing with a four-year-old. >> harris, they did force her at one point to start the treatments and her mom said she ran away from home. that is how adamant she is. who knows when she turns 18. can she hide until 18 and make the decision while dcf is out? >> i share that with you, we

have someone in our very close-knit friendship family my husband and i struggling with this right now. the treatment is hell, quite frankly. i don't understand, if a mother can make a decision for a four-year-old, why can't the mother make the decision for a 17-year-old? i don't understand the difference. >> they often take that out of their hands. dcf will step in and say you're not acting responsibly in our opinion as parent so we'll take -- >> typically, people for religious beliefs don't want child to get transfusion the government will not let a parent prevent a child from receiving life-saving treatment. >> is this a situation where, because i know from cases that i've covered like this where you have to find the right judge? so this a situation where they can judge shop at this point? >> no. >> they're on appeal now because they lost the first round. >> this is the first case of this kind. as i understand it, if you read a lot of the comments about this, if you read them from the left, i encourage people to replace the word chemo with

abortion, because they argue, oh, girls should be able to do what they want with their bodies even, 17 years old. at this age she would be allowed to have abortion without notifying their parents. >> i think progressive philosophy is a bit backwards. you can do everything, you can kill a baby. can't buy a big gulp. can't do that. you can't have chemotherapy but you can take a human life. >> we'll keep an eye on the case. the hearing is today. we'll have decision very soon. for baseball fans essentially boston fans image of curt schilling hurling game 6 of the alcs with the bloody sock in 2004, they will never forget it. why isn't he in the hall of fame with three times on the ballot? he says it is because he is a republican. we'll debate.

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♪ ♪ >> well, a stunning claim from kurt schilling. three- time world series champ he was kept out of the baseball hall of fame for a third year in a row because of his politics. the pitcher john smoltz may have earned a place over him because he is a demsdpem i am

a republican and some people don't like that. there is question about smoltz's political leanings. >> i am going to say smolty is a world class pitcher. and he's an amazing guy. we see it in hollywood who say they don't get job and have to hide the political leanings. whether he was joking. >> does smoltz said he was a republican? >> i thought he was a conservative. but i look at the stats and they say he is in. >> being in baseball being a republican is bad thing? >> nolan ryan and ernie banks in the hall of fame. and you are likely to be booted out of the game. and the more you stamp your feet about this less likely you will get in. smolty had 150 saves. >> i agree with that.

i think the hall of fame is an honor bestoued and not demanded. and i had to wake up to say this because baseball puts me to sleep. i am not a baseball fan. to me baseball is -- >> oh, no. >> good conversation and interrupted by a hit occasionally. >> particularly college ball. >> and you think you can drink in the daytime without judgment? >> on the baseball bench. >> i went for the hot dogs. >> & reported that smolty had given to mitt romney's campaign. >> i wouldn't portray him as a guy who leans left. >> it doesn't matter when they are on the mound how striking people out. >> thank you so much judge alex and one of our hosts had a quiz for you. a janet jackson video in a cage.

remember that song? >> all right. >> i can't tell you anything, girl. >> i didn't say it was you. >> the camera is on me. >> and it is on outnumbered overtime. and "happening now" starts now. >> a fox news alert. tightening the noose on the prime suspects in a bloody terror attack. >> the drag deteriorate net in a small area of paris going door to dorlooking for the brothers that are describe the as armed and dangerous. nclosing in. french investigators in a massive manhunt for two heavily armed brothers that are behind the paris terrorist attack. while authorities and citizens wonder, could a massacre like this happen in the u.s.? plus, my daughter doesn't want to die. >> a connecticut teen in the fight of her life. >> i don't want h