a great day. >> go buckeyes. >> absolutely. why not? congratulations. >> bye-bye. >> bye, everybody. >> and new develops in the hunt for the terror suspects in france. at least they're searching for six accomplices linked to the attack. hi, everybody. welcome to "happening now." >> as authorities in bulgaria arrest a french citizen, the french president is deploying 10,000 troops to protect sensitive sites across france including schools synagogues mosques and travel hubs. rick is live with the latest for us. >> jon, we're south of paris in front of one of the 717 jewish schools across this country now getting 24-hour protection from french police and soldiers. as you mentioned, 10,000

soldiers being deployed along with 5,000 police officers because of the concerns that the schools could be targeted in future terror attacks and they're being equipped with new gear, heavy weapons and anti-biological nuclear and chemical capsules. one of the terrorists targeted that kosher grocery to kill jews that may have initially planned to hit a jewish school. now french authorities are searching for as many as six other members of the terror cell and announced the arrest of another man in bulgaria who is in court for his extradition man. that man connected to the kourachi brothers and also today police saying that the arms the terrorists used came from abroad and they're urgently tracking the source of the financing saying it was significant. funeral and memorial services held for seven of last week's victims including the three french police officers receiving france's highest honor post

human homously. the cover of the charlie hebdo newspaper is dedz indicated to the attack. a cartoon of the prophet muhammad holding the sign with the caption, all is forgiven. it's a bold move in keeping with the newspaper's determination to remain independent, especially considering that the terrorists targeted the newspaper offices because of another cartoon of the prophet muhammad. we heard from some of the editorial staff at a conference earlier today. they said it's been a very difficult week but the drawing of the cartoons has been a form of catharsis. as many as three million copies are more will be published tomorrow and they will translate it into 16 different languages. >> that's going to be a major seller. you know it. rick leventhal there in paris, thank you. >> we look forward to seeing

that. cyber attack targeting the u.s. military. a group of hackers who claim allegiance to isis although that has yet to be proven hijacked the twitter and youtube accounts for u.s. central command. they have disturbing videos and tweets like this one. american soldiers were coming. watch your back. isis. in the past year, u.s. cyber command doubled the budget to nearly half a billion dollars. peter is following this story and live in washington with more. >> the spread sheet full of personal information about servicemen and women posted to twitter yesterday were real and although nothing classified is believed to have been shared some are now worried that the impact of this intrusion will last longer than it took to get centcom to get their account back from a hacker. >> worst part of this whole thing is the propaganda, part of this. that's the worst part. that's the only part that hurts american interests is because

for the folks that don't have computers, a lot of them in the middle east, this is going to look like a big deal where they can go home and say we hacked the department of defense when in reality, they did not hack the department of defense. >> so the way the pentagon sees it quote, this is little more than a prank or vandalism. it's inconvenience and it's an annoyance but that's all it is. it in no way compromises our operations in any way, shape or form. there is new doubt this morning that isis was even involved directly. the reason to that isis doesn't call themselves isis. they prefer islamic state. that's what officials are telling the "wall street journal" while pointing out that yesterday wasn't the first time the name has popped up. it was also seen following similar attacks recently on a newspaper and tv station in new mexico and maryland. cyber security experts are warning it is hard to backtrack with this kind of hack. >> it's not like we're finding them and we know exactly who the

enemy is. i can make myself coming from north korea. i can make myself come from china, from any demographic i want to to make it look like somebody else. >> this happened as president obama was talking about cyber security and the president is set to address that topic again at a d.h.s. facility this afternoon. >> thank you. >> a big meeting just getting underway at the white house. president obama sits down with new congressional leaders right now as lawmakers are set to clash with administration on a range of issues from immigration to the construction of the keystone pipeline. let's bring in kevin, reporter for the hill and daniel online editor for the weekly standard. welcome. kevin, do you -- first, what do we know about the agenda for the meeting? >> thanks for having me. to be a fly on the wall at this meeting. right? this is going to be one of the first times that president obama

is going to be sitting down with the new republican leaders of the republican controlled congress. they're going to be talking about things like immigration reform, the keystone pipeline financial reform regulations as well as a host of other issues and this is really an opportunity for the president to either work with republicans or to double down in progressive policies and move to the left for the elizabeth warren wing of the democratic party. >> so the keystone pipeline is one of the threats obviously, daniel, that the president has said he will veto. that is, brought out the veto threat of the keystone pipeline. this republican controlled congress and a lot of democrats obviously want to build it. is that something that they can paper over those differences in a meeting like this? >> i don't think so. you hit on a good point. democrats are also very supportive. not all but a fair number large enough number to call it a

bipartisan support of the bill are in favor of building the keystone x.l. pipeline and that suggests that president obama has larger problems that aren't just the rifts with the republican party but also with party, many of whom are upset over the way he's governed the last six years. they're upset the way obamacare has been implemented. even harry reid somebody from his office was blaming president obama for the loss and senator schumer was blaming president obama for obamacare. so obama has big problems with democrats and republicans. he's more isolated and more lonely than ever before. >> let's take a look at some of the veto threats that he's issued so far. as you mentioned, six years in office, he's vetoed five pieces of legislation and also five threats since the new congress

elected. he'll veto the keystone pipeline veto the definition of a 40-hour work week as related to obamacare, rolling back the regulations, some new procedures to implement government regulations as well as defunding immigration action that they're talking about in the department of homeland security bill. he obviously doesn't want congress to deny him the money to take his executive action on immigration. go ahead, kevin. >> well if that's not a signal as to what direction this president is moving in i mean i don't know what is. five veto threats already for this congress alone. and i think you know democrats to some extent have really framed this debate as a debate between the -- a pro wall street agenda coming from republicans but at this meeting and the next couple of days republicans really have an opportunity to say, you know this is not necessarily a pro wall street agenda but this is freeing up

some of that capital to get money back intu the economy. last week we saw president obama giving speeches across the country touting an economic recovery that many americans haven't felt the effects of quite yet. >> if he vetoes keystone, does the senate override it? there are an awful lot of democrats who support that. >> i'm not sure the votes are exactly there but the tensions will rise and it will sour the water for further work. look. we know that president obama is against perhaps up to five bills the republicans are talking about but we don't really know the bills that the republicans are talking about that president obama might sign. he's shown no indication that he can work with republicans by telling them or giving them some indication, you know republicans, i know you're interested in this bill or this kind of legislation. i'm interested in it too or i'm interested in if we tweak it this way and that's how we

should proceed. he hasn't shown great leadership to the republicans in congress. he's introduced wildly democrat ideas like funding free community college for all but he hasn't shown much indication of what directions he wants to go in but perhaps leading up to the state of the union, he might actually have concrete proposals that are legitimate and serious. >> when he talks about legislation that he wants, he'll describe it as congress failing to act. he doesn't talk about meeting in the middle. he talks about a congress that won't do anything. so how do they get on the same page about anything? >> great point. you know i think this president is clearly at a cross roads and right now with the republican controlled congress, he has to ask himself, i have two years in office. do i want to try to get some bipartisan moving to the middle type of legislation passed or do i want to shift to the left?

and go to that elizabeth warren wing of the democratic party on issues -- a lot of small businesses feeling that this is stifling economic growth and a lot of these tweaks that the congress is going to be taking up in the next few days a huge opportunity for the president to see if he can try to work with this new congress. >> very quickly what are the chances they come out of there with kind of a kum bye aye moment? >> they're all gentlemen and ladies. they know how to behave and act appropriate and i can't see this being a productive meeting. >> those are the prognostications from our panel. thank you both. >> thanks. having a good day. >> take a look at the markets today. looks better than last two sections. you can see the dow is up more than 200 points right now despite oil prices really being

low again today. joining us from the new york stock exchange, lori with more on what's causing this big gain. >> great to see you. yeah, not too shabby starting the session today with about a 1 1/2% gain for the broad market. here this morning snapping a two session losing streak setting the tone better than expected earnings after the bell from alcoa followed by strong showing of k.b. homes. all kinds of industries, health care among some of the leading gainers, the home builders in relation to k.b. strong earnings reports. disney today wal-mart united health all hitting records this morning. so it's going to be a busy week for earnings. this will continue to set the tone for traders. j.p. morgan wells fargo, goldman sachs among the headlining companies. we'll keep an eye on those for you. stocks are rallying. most of you have a portfolio that contains mostly stocks but

bonds rally as well today. bonds from the best performing asset classes for all of last year. that trend continues this morning so when ponds rise that means interest rates come down and we do see the 10-year note yielding less than 2% still so that's great news for mortgage rates, for auto loans but if you've been trying to put cash aside, trying to save money while you're not paid a lot of interest there but another positive side of low interest rates is that the u 'tils sector is another outstanding performer. you mentioned oil as well continues to be a drag. oil trading at $46.20 off a percent. great for gas prices but it's giving some consumer related stocks retailers and other discretionary names we follow on wall street. that's a look at big themes this morning on wall street. we've got the dow up 237 points right now. pretty close to the best levels already today. send it back to you. >> sounds good. thank you so much. don't miss lori on our sister

network. if you're not sure are to find it log on to fox business.com/channel finder. >> woman accused of pretending to be an attorney arguing real cases for real clients. she finds herself back in court but now she's the one who needs a good lawyer. and the black boxes from air asia flight 8501 pulled from the ocean floor. why officials say it could take some more time before they know what caused this crash. and we want to hear from you. do you think the keystone pop line should be approved with or without presidential authorization? to join the conversation, visit fox news.com/happening now. click on america's asking. so ally bank really has no hidden fees 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.

>> right now new information from crime stories we're watching. utah woman accused of pretending to be a lawyer will appear in court today. she allegedly used the name of a real lawyer in california and successfully got reduced charges

for several clients before she was arrested for fraud, forgeries and identity theft. divers are searching a california gulf course pond for 33-year-old mesa. los angeles executive was last seen at a hotel in palm desert on a business trip. his jacket and wallet found on the golf course. the testimony of convicted murderer jodi arias will be released today. a judge closed the doors at her sentencing retrial two months ago because one witness would not testify in open court. that decision was overruled on appeal and arias was identified as the witness. >> new information today as indonesian officials are about to begin the process of analyzing recordings from air asia flight 8501. it could take up to two weeks to determine what caused the crash. david piper joins us live from thailand with more.

david? >> hi, jenna. yes. both black box recorders have finally been recovered. search teams took advantage of better weather to find them. now, the cockpit voice recorder is freed from beneath wreckage at a depth of 100 feet by divers. monday the flight data recorder was recovered. they will both be sent to jakarta to be analyzed. data should allow investigators to understand what happened to the airbus. the air asia flight with 162 people on board was flying from indonesia to singapore on december 28. the pilot asked indonesian traffic control if he be allowed to climb because of bad weather. the contact was lost before it was approved because another plane was above. after ships from many country continues to search the sea for bodies and wreckage, an indonesian official was quoted as saying the fuselage of the plane has been found but that's not been confirmed.

it's believed many more bodies could still be trapped in the fuselage of the plane and the dive teams are going to investigate that possible sighting of the fuselage at first light. >> thank you. >> we are getting new information on the outbreak of a highly contagious disease at disneyland. more than two dozen people exposed. there could even be more. plus the government calls it vandalism. but should we be more worried about the hack of central command's social media pages?

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>> the pentagon now downplaying a cyber attack on social media accounts belonging to u.s. central command or centcom. hackers who claim to support the islamic state infiltrated

centcom's twitter account and youtube channel posting several disturbing tweets and videos. the pentagon and the white house call it a prank and not necessarily a security breach. >> i can tell you this is something that we're obviously looking into and something we take seriously. however, just a note of caution to folks as they're covering the story, it's a significant difference between what is a large data breach and the hacking of a twitter account. >> cyber security analyst and founder of safe life morgan let's talk about this in two different sections. technically what it takes to do something like this and symbolically what it means. the inference from the white house is technically it's not that difficult to do. how hard is it to hack into a twitter account or a youtube page for centcom? >> look. and welcome back. >> thank you. >> when you don't implement the proper security measures when you don't have what's called another layer of security above your accounts then it becomes

very easy to do something like that. it's a simple email, a phishing email that we've talked about many times becomes the way to do that. this is a two. what is a 10 and above is the fact that they used our own social media accounts to put out messaging that threatens the lives of soldiers their wives, families intelligence analysts. to equate this to cyber vandalism would equate ms 13 put r.i.p. on your garage and not the threat that it truly is. >> that's what the pentagon said. it's an annoyance. >> i usually try to stay out of politics but as a former cop and i've got people that are still friends on the job, you try telling those folks that are in the line of fire that have to protect these soldiers' families while they're overseas that this is nothing but just cyber vandalism. >> hold on one second. we're getting from play of the president and his meeting with senate and house leaders. let's listen in.

>> i know he'll be back strong next week and i've had a chance to talk to him. i want to thank the speaker and leader mcconnell as well as durbin filling in for mr. reid and nancy pelosi and all the leadership here today. first of all, some of these folks i haven't seen so i had an opportunity to wish them happy new year. to the speaker i want to point out i said there are going to be some things we agree on. having a college football playoff is clearly something that we can agree on. i call for it. when i came into office i think it turned out pretty well particularly for ohio so i want to congratulate the ohio state buckeyes for their outstanding victory. and commend oregon as well for fielding a great team because their quarterback is from my original home state of hawaii and i also want to just talk to all the leadership about how we

can keep the progress going that we're seeing particularly in our economy. the latest job report indicates that the recovery continues to move in a robust fashion. we've now created 58 straight months of private sector job growth. about 11 million jobs created in the private sector. unemployment rates come down faster than any time in several decades. we now with seeing the strongest job growth overall as well as in manufacturing since the 1990's. we are producing more energy than ever before. the deficit has been cut by 2/3 and we're finally starting to see some movement last year in wages going up at a time when families are also enjoying some lower gas prices. so we're in a position to make sure that 2015 is an even

stronger year and relative to our competitors, we're holding much better cards. the key now is for us to work as a team to make sure whether we build on this progress. obviously there are disagreements around the table on a whole range of issues but there are also areas where we can agree and that's where we're focused. just to cite a few examples i have a state of the union next week. we'll talk about cyber security. with the sony attack that took place, with the twitter account that was hacked by islamists jihadists sympathizers yesterday, it just goes to show how much more work we need to do both public and private sector to strengthen our cyber security, to make sure that families' bank accounts are safe, make sure the public infrastructure is safe. i've talked to the speaker as well as mitch mcconnell about this and i think we agree this is an area where we can work

hard together get some legislation done and make sure that we are much more effective in protecting the american people from these kinds of cyber attacks. i think that there's going to be opportunities for us to work together on trade. there's going to be opportunities for us to work together on simplifying the tax system and making sure everybody is paying their fair share. there are going to be opportunities for us to streamline government so it's more responsive and on each of these issues i'm going to be listening to everybody around this table and i'm hopeful that with the spirit of cooperation and putting america first we can be in a position where the end of this year, we'll be able to look back and say we're that much better off than we were when we started the year. so i just wanted to thank everybody for being here and i'm very much looking forward to not just this discussion but some real collaboration over the

course of the next several months. all right? thank you very much, everybody. >> so the meeting is going to continue. this is new video we get from the president meeting with congressional leaders. it's really given this video to all the news networks. we like to roll on it which is why that interrupted our conversation with our security expert who we'll just pick up after a moment. the president said the twitter account was hacked. centcom twitter account was hacked by islamic sympathizers yesterday and there's a big question about whether or not this group that hacked into centcom is indeed that islamic sympathizers so we're going to talk to morgan after the breakful how do we know who actually did this and how do we prevent it from happening again? we'll continue that conversation in a moment. >> a lot of happiness in the room but what happens after the cameras go away? >> that's a good question. >> wouldn't you love to know? new information in the investigation of an alleged gang rape at a frat house at the university of virginia. why school officials are now allowing the fraternity in

question to resume greek activity on campus.

>> morgan is back with us cyber security analyst and founder of safe life talking about the hacking attack of centcom's twitter account and youtube account and you were saying you're disgusted by the fact that some officials are trying to say this is nothing more than a prank when you say it's very

serious. the president just spoke on this very casually but he said that these are islamist sympathizers that did indeed hack centcom. how hard is it to know who exactly did this? >> it would take some investigation and if it happened or originated from the u.s. we could find out pretty quickly but it doesn't matter if they're an isis or islamic state sympathizer. the point is at the end of the day, isis got a tremendous propaganda wind out of this and they'll continue to use it in recruiting venues and online media. >> how difficult is it to make sure it doesn't happen again? >> accountability for one thing. let's start holding people accountable for basic mistakes they should be doing. using additional layers of security and testing these things. it's not just hacking a twitter account. it's the fact you gave a rocket launcher to a man previously armed with a sling shot. we don't want to arm our enemies

with firepower. ask joseph the power of propaganda. that's what drove nazis for many years. it will not help us and it puts our soldiers police officers and citizens at risk when we triflianize the act of terrorism. >> this is a very important story for us to talk about. same spokesperson for the pentagon that called it a prank said there's no evidence that any department of defense system or network has been compromised or breached. number one how do we know that and number two is this potentially a gateway for a larger security breach? >> well i went through, reviewed the documents and talked to the general this morning. all of this stuff was open source stuff but that's not the point. 97% of people in the world think that isis hacked centcom. other issue is that we're getting reporting back in that a personal account was used by somebody inside of centcom to

access this stuff. that could be huge. what are they doing using a personal account to manage a military social media account? that could actually be a gateway from a password or user name standpoint maybe into more sensitive systems. we didn't compromise a classified d.o.d. network. but if i know your name, user name and password you gave me tools to start opening that door and we don't want that. >> it's always great to have you on the program. we appreciate it as always. thank you. >> you bet. see you. >> some new information now on a university of virginia fraternity now resuming greek activity after a gang rape investigation. police say they have absolutely cleared the frat house of any involvement in the rape allegations which were described in a now discredited article in rolling stone magazine in november. investigators say there's absolutely no evidence that the incident ever occurred. joining us now is former prosecutor and fox news legal

analyst lis wiehl. you have this article in november, this young woman, a student at the university named jackie says she was gang raped at the fraternity house there. the police have conducted an investigation and say there's no evidence this happened. does anybody have grounds for a lawsuit? >> possibly the fraternity for defamation. you acted with malice of forethought or recklessness and you damaged our reputation and that's going to be the key here. how you prove that. applications, are they down at the university overall? are they down at this particular fraternity? show damages and they have a possible defamation suit. >> the house itself was vandalized in the days after this article came out. you know they had their national chapter pulled away. i guess all of that is back now but they suffered some harm here. >> that's the damages component. you're right. if they were to establish

liability. there is one issue can you libel a group and the answer is yes, you can, but it often depends on how large the group is okay? so this fraternity probably would but let me address another thing which is they also are liable to individuals. however, it's going to be extremely hard because they identified the person really and i hate to be harsh a cowardly manner. we'll refer to him as drew. that's a disgrace. >> if people could figure out who that drew is then that quote, unquote, drew would have a case. i want to make a point about the fraternity. if you're talking about emotional distress a fraternity itself, an organization cannot suffer emotional distress. they don't have feelings. >> you made a good point. there are concrete damages. >> vandalism, loss of revenue to the fraternity. >> i'm reminded the labor secretary, you know, endured this long investigation and said, you know where do i go to get my good name back? >> absolutely. but you know the other thing i

want to amplify is there's a second individual not just drew and he's a little more specifically identified. they say he was in a tiny seminar so one expert, i read an article, let's say that seminar only had one male in it. he could sue for liability. >> i think the individuals can have a better suit if people can identify who they are >> what about the university itself? you know this whole article was supposedly about the rape culture at the university of virginia. does the university have a case? >> potentially but then you're talking about the whole idea between a public -- you know the university of virginia is obviously a public figure so the standard is higher. actual malice on the part of rolling stone. did they go after the university? did they target the universe with actual malice of forethought? >> i imagine there will be attorneys contacting some entities. >> we're talking about it. >> that's right. there are definitely viable potential liable theories and

the other sad point this exposeaddresses an issue that does need legitimate focus but when it's wrong and false it sets the effort back. >> on the defense side too. they've tried to change some of their rules and, you know they've instituted different rules about liquor and all of that stuff in the fraternity. good defense lawyer is going to come back and say hey, you just accepted liability there because you knew what you were doing was wrong and you've made these changes. >> it's like if you get sued because your refrigerator is bad and then you repair it they have a doctrine in the subsequent repair rule saying that i'm admitting something is wrong because i fixed it. not sure 100% but it might. >> sometimes it doesn't come into court. >> some good has come out of this but by and large it's a journalistic mess. >> terrible article. >> thank you both. >> a study sheds light on the mind-body connection. why researchers say a positive attitude just might save your life.

>> we are 15 minutes away from "outnumbered" at the top of the hour. what do you have? >> a new report that white house aides were so caught off guard by the size of the paris march and how many world leaders showed up that they didn't even and president obama if he wanted to go. really? really. seriously. plus the battle over the keystone pipeline heating up as the president sits down for the very first time with republican leaders of the new congress the day after the senate voted to begin debating the bill. and not having your phone could make you feel sick literally. physically sick. all right. research shows it. >> not good. and we have got your phone, jon. all that plus our hashtag one lucky guy at the top of the hour. >> half the time i want to throw my phone away. you know? just walk away from it. >> i'll take it. >> there was a day. there was a time when we lived that way and we all survived.

kennedy, andrea, thanks. >> we're learning more about a measlesout break at disneyland in california and it may be much worse than originally thought. health officials warning about possible exposure for more confirmed cases in california. here is what we know right now. health officials say that all of these folks got sick after visiting the park between december 15 and december 20 which means they were likely exposed to somebody there. the state department of health confirms now 26 cases including 22 in california. four other cases tied to disneyland are also under investigation. of the 26 cases, though, four people were sent to the hospital. measles, of course is one of the most highly contagious diseases out there but we have a lot of questions about it. practicing cardiologist and assistant professor of medicine at the university of north carolina, it's worse than original thought, dr. campbell

with a few more cases added in yesterday. do you think we know the total number as of yet of people infected? >> i don't think we do. it's so terribly contagious. when you have one person that's compacted with lots of people and have the disease you have the potential to expose 15 to 20 for every one person that has the disease. >> it's interesting when i think about disneyland i don't think about it as too confined. it's an amusement park. it's not like a concert hall or somewhere inside an airplane if you will. how exactly does the disease spread? >> the measles itself is a virus and when you cough and aerosolize it in the air, it can hang around in the area for 10 or 15 minutes. you walk into the area maybe going into a ride or something at disneyland and you can be exposed to the virus right away. >> why do you think this is happen sng so many people are pointing to immunizations or lack thereof. >> that's the bottom line. we're not doing as good of a job of immunizing our children. there's been a movement in certain areas of the country not

to immunize children and i think you're putting children and other people at risk. especially in a place like california wruf a large influx of immigrant population. you have people that may bring the disease from another country. if your children aren't immunized, they're going to get exposed. >> one of the cases is an 8-month-old baby someone not immunized yet to the disease so there's some innocent folks out there as well-being impacted by others. i want to ask you about another topic. we're looking at the other study that has more to do with your area of expertise, the area of the heart. there's a study from the university of illinois and it shows optimism between heart health. people with a brighter outlook were in best cardiac health. we're talking about cyber security, i'm sure there are a lot of viewers that would like to be more positive. how much of an impact is that on your heart? how do you do it? >> i think this is an important

study. other studies show the same thing. people with less stress, better outlooks do have better cardiovascular outcomes. this study looked at a large population a grass all demographics and found a big time association. i think that when you're stressed, your body releases stress hormones, court c -- cortisol and damages your blood vessels. >> do you ever send a patient to a psychologist or why don't you try some yoga to get in a better frame of mind? >> i tend to be a high stress kind of guy and i talk about how if i just take a deep breath and just sort of clear my mind for five minutes a day take just a little bit of time, it makes those stressful feelings go away for a little while and helps you manage them. i encourage my patients to exercise, find an outlet for the stress so we can do a better job

of taking care of heart health. >> you find that impactful. >> absolutely when you convince them. i think when physicians are able to bond with the patient and give a personal story, they're more likely to believe what you're telling them to do. >> that's what you are doing in the greenroom. just a quiet moment, five minutes, get yourself centered. jon, maybe we should do that together before we start the show. >> great idea. great idea. i'm all for it. all right. thank you. a homeless man shot and killed by police but what makes this case different from others? making headlines in the past year, the police officers are now facing charges. push your enterprise and you can move the world. ♪ ♪ but to get from the old way to the new you'll need the right it infrastructure. from a partner who knows how to make your enterprise more agile, borderless and secure. hp helps business move

on all the possibilities of today. and stay ready for everything that is still to come.

>> two police officers now facing murder charges in the shooting death of a homeless man

last year. the scene in alburquerque was recorded on video by an officer's helmet camera. william is watching this story from our west coast news room. >> three key difrences with the police related fatalities in ferguson and new york city. one, the body camera video allows us to see start to finish what happened to the victim james boyd. secondly, the prosecute or is filing criminal charges against the cops and thirdly, he is -- she is not using a secret grand jury. the boy was camping illegally in the mountains during a standoff. police say he refused to drop a knife, though helmet cam video shows boyd surrender. when he begins to run police fire. now, monday the d.a. filed murder charges against officer dominique perez and former detective keith sandy. >> what makes this case criminal are some facts that will come out at the prelim. i don't want to get into the

facts. i don't want to give anything that would jeopardize the integrity of this case. after the prelim is over, you'll understand clearly what some of the facts are. >> despite public outrage over this and 26 other fatal shootings in four years in alburquerque, police insist the cops followed policy. >> the district attorney has made a decision this is a terrible, terrible decision and charging officers keith sandy and perez with murder. >> now, during the prelim a judge will decide if there's enough evidence or probable cause to require a trial. charges range from first degree murder to manslaughter. this is the first time an alburquerque cop has been charged for shooting someone in the line of duty. >> and potentially these could be what, lifetime sentences? >> well, first degree murder arguably, yeah. >> william, thank you.

>> well some stories we're working to bring you in the second hour of "happening now." senate is set to debate the keystone pipeline. they're open to debate as we speak right now. why some say it needs to be approved, the pipeline while others say it's no longer needed because of gas prices. plus one dead and dozens of subway rider rushed to the hospital. what happened beneath the streets of washington, d.c.?

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jon: they were supposed to be celebrations, but they got way out of hand among ohio state fans after last night's big win. watch. police using tear gas to dispossessor students -- disperse students after the buckeyes win in the national championship. revelers spilled out of bars near the campus in columbus celebrating the university's first-ever win in the national title game in the football playoff era. at least 89 fires reported including trash bins dumpsters

and couches. police made a handful of arrests, no injuries reported. jenna: spilled out of bars, i wonder if alcohol had anything to do with that? jon: might have been. [laughter] jenna: "outnumbered" starts right now. ♪ ♪ >> this is "outnumbered," i'm andrea tantaros and here with us, harris faulkner host of the independent on our sister network, fox business' kennedy also from fox business, elizabeth macdonald and today's *oneluckyguy from fox business as well, charles payne, and he's "outnumbered," although i'm thinking with three fbn people, harris you and i are outnumbered. [laughter] >> yeah exactly. but in a fantastic way. >> you know how we like to do, we like hostile takeovers. >> okay. >> but you get paid though. >> you're wearing a flower, and that to me, is not the symbol of hostility. >> and you're a pretty nice guy, charles,