>> a lot of them are smart. and just don't forget about the rest of us. >> oh, harris. i would never forget about you. >> "happening now" now starts in three seconds. have a good one. >> a fox news alert. america's airports on high alert as al-qaeda terrorist claim responsibility for the charlie hebdo massacre. and sparking fears on the west that they could slip past security undetected. we are covering all of the news "happening now". (inaudible) >> solid out in minutes. there is a new issue as al-qaeda in yemen claims responsibility. now the hunt is on for terrorist in france and beyond. >> many of whom radicalized by the conflict in syria and

america. >> have they made their way to the american home land? plus, you killed travis alexander? >> a stunning admission from jodi arias as we learned what she told jurors behind closed doors. >> a car thief takes a little boy, with him. how a brave toddler took matters in his own hands. it is all "happening now". >> we begin on this wednesday in yemen, where al-qaeda's top commander is now claiming responsibility for the charlie hebdo attacks one week ago in paris. i am jon scott. >> and i am jenna lee the claims comes as a now installment of the magazine goes

on sale today. they are calling for more lone wolf attacks with invisible bombs. there are random checks once passengers are already passed security. one triumph against al-qaeda charlie heb do was on news stands and 3 million copies solid out immediately. here's more with rick from paris and the paper flew off of the shelves. >> reporter: charlie hebdo's normal serbing oulgz is 60000 and they sell half of them. the paper was nearly bankrupt and people lined up waiting outside of news stands and kiosk and leaving their names for the reprint. it cost three euros or $4 u.s. and the cover with prophet

mohammed with a tear in his eye and holding a sign saying i am charlie. the terrorist targeted the staff because of the previous car tons. 3 million copies solid and now they will print 2 million copies more. even as the country expresses freedom of expression, the french government is detaining 54 people who supported the terrorist attacks on line. they have strong laws against hate speech and antisemitism. and there are special measures for immediate sentencing. some people can be looked up for saying there should be more kouachi brothers. >> we have another headline coming from the french government about a new rule on the war in terror. why is that significant?

>> reporter: yesterday the french government voted to extend the air strikes against isis and the french president boarded the charles degall aircraft carrier to announce it will head to the persian gulf to work closely with the u.s.- led coalition against the islamic state saying it justifies the presence of our aircraft carrier. they are stepping up their involvement. and the search continues for six members of the terrorist cell. no word of new arrests tonight. >> rick, thank you very much. >> a security scare on the delaware air base over suspicious activity outside of the base that suggest that the facility might have been under surveillance. officials implemented to iter security measures. a senior u.s. official are aware and monitoring the situation, but said there has been no

specific threats to the base. >> renewing the battle over guantanamo bay. more than half of the remaining terrorist suspects from gitmo are from yemen and with ties with the gun men, republicans are fighting to keep the president from shutting down gitmo. cathridge harris joins us live from washington with more on this story. >> reporter: jenna, two-thirds of the remaining detainees from git me come from yemen. a leading counsellor terrorism analyst said the group does in the have a track record for false claims and nor is there doubt on the tape's authteesity. >> when al-qaeda releases a video and statement we directed and can planned and picked the target. they had command of this. they don't normally lie about

that. they are truthful about that ironically enough. >> reporter: the video has the attention of the u.s. investigators and states that the cleric an war allak i was central to the operation and fox news learned that one of the kouachi brothers met with the cleric before he was killed in a cia drone strike. al-qaeda in yemen is considered by counter terrorism. and this is the most lethal active and terrorist orgination for plotting against the u.s. and western europe. >> syria and iraq and yemen are becoming platforms to attack america. and the predominant number and the majority of people held in guantanamo bay now come from yemen and so the idea of having a time- out until we can get a handle on this makes perfect

sense. >> reporter: this new propaganda video posted yesterday from isis shoes the execution of russian agents in syria. the shooter is a child and reported to be from ka sikstan. and five detainees were transferred by the obama administration from guantanamo to ka sisstan. >> coming up we'll have general jack king. we'll talk about the story on git me. he said releasing the detainees is more than dangerous, but it is a slap in the face of our troops. jon? >> the house passes a bill. 236 to 191 funding homeland security and blocking the immigration orders. the house voted to adopt over

turn protections for illegals that came here in as children. the president is already getting his veto pen ready as republican leaders argue the bill is more than stopping a sweeping immigration plan but curbing executive power. >> there is no alternative. there is not a dispute between the parties or branches of our government, this executive overreach is an affront to the rule of law and constitution itself. >> the bill panders to the right wing of the republican party that are unhappy with president obama's executive action on immigration. but they are doing this maliciously and foolishly and putting our country at risk. >> joining us now for a political debate. joe trippi.

and former manager. and matt is a former white house director under george w. bush. matt, help us to see it as the house or republicans so this. they see the immigration moves by the president as an abuse of power as king- making if you will? >> yes, they view it as unconstitutional and executive overreach. the constitution of the united states is not try to get something pass through congress and if you fail go ahead and do it with your pen at your desk. that's not how it works. we have a republican congress and liberal democratic president and they have to wo to make things happen. republicans in the house are putting the president on notice they will not go along with the executive overreach, they are not going to fund it. and the democrats who have better numbers in the senate and the president will push back and that's the way the legislative

process works and imglazing bill should work. you work through the disagreements and come to an agreement. i hope the president gets with it because there is a lot of stake. >> joe, are you and democrats troubled on the executive actions on the part of the president? >> look, i don't think this is going to go very far. matt is right, it might be how you treat immigration bill, but this is not an immigration bill. it is a homeland security funding bill that was a mended and there is no signs at all by the way, that the president will have to use the veto pen, the moderate votes in the senate. republican votes and not only democrats, but there are moderate republicans to get the vote to pass there. and so this thing will likely die in the senate and then you have a republican senate and house have not voted to fund

homeland security in time in the wake of the paris attack and other things that republicans, you know, i know want to defend against and have homeland security strong. it has a long way to play out. >> joe, proponents tell you that we have millions of people who walked across the border or trucked or floated across, we have no idea who they are. and that is a matter of homeland security whether it is handled by that department or not. >> if you don't fund homeland security. this is a funding bill that that republicans who are opposed to the administration's immigration policies are trying to use to stop his policies. i understand they want to stop his policies and i do think that they have made that point. but to take it further and actually not fund homeland security and they can't get it passed in the senate it would

be different if the president is forced to veto it. he would be the responsible party for the bill not passing. i don't think that is going to happen you right now. it locks like it will stall in the senate. >> matt do republicans get to have it both ways if the conservative house attaches language and tries to strip out things that the president has done or strip out funding for them. even the senate republicans if joe is correct kicks it back and said no you have to do and give us a clean bill then the house republicans say we tried but couldn't get it past the senate. >> john, you said it right. all this bill does is defund the president's overreach. the department of homeland security is funded in the bill let's make that clear first of all. this is how the legislative process workings. the house puts out there what they would like to see happen. and the senate puts out what

they would like to see happen. and the republican in the house are meeting in pennsylvania to put out their strategy and we'll get this resolved but paris to a certain extent sony has changed things a lot. american people have woken up to the idea that we have people living amongst us that are dangerous and we are turning people back to the battlefield from gitmo. and they are handled by the department of homeland security. the stakes are massive. >> you have helped us to get a start on the the conversation at any rate. matt slap and joe trippi, thank you both. france responding in a big way. how the attack is redefining the role on the war on terror. and what is the latest on the woke at wall street.

and we want to hear from you. should mitt romney run for president again? our live chat is up and running and click on america's asking to join the conversation.

>> well, as if it is even possible dealing with the irs could get more unpleasant. it is all due to recent budget cuts imposed by congress. one of the areas to suffer most is customer service. only half of the 100 million people expected to call this year will be able to reach a human being and those who do get through might have to wait 30 minutes or more to speak to the pleasant irs folks. people filing paper tax returns could wait a week or longer to get a refund of your money. >> you can't wait to april 15th.

>> that might be wise, yes. >> the obama administration is working to make good on the president's promise to shut down gitmo by quietly moving the suspects out of the facility. critics warn that closing the facility is a dangerous move. we have general jack king and general you take us through something greater. you say that releasing the detains is a outrage to those that serve, why? >> the fact of the matter is, we know a certain percentage. i don't believe the new numbers of less than seven percent. what is established is 30 percent get back in the fight. when you get down to the last 127 at git me they are the leaders and hard-core. their impact would be considerably greater. it is an outrage for the troops

who are engaged in the fight against radical islam to have to fight them again after having lost life and limb to put them in gitmo. and this epidangers the security of the american people. there is 81 hard-core radical islamist in gitmo from yemen. and that is the most outspoken and lethal al-qaeda organization al-qaeda central franchise attacking outside of the region. >> let me. >> they want to attack the united states and this affects the security of our people. >> we'll pick up on each point. and you say that the release potentially of the detainees is an outrage to the troops. ing about to note the top military leader said to it chris wallace that he believe it is in

our national interest to close gitmo. it creates a psychological scar on our national values. >> i don't think dempsey is saying release. he said as president bush said. they believe it is in the interest to close the particular facility. president bush was not talking about wholesale release of the detainees and the fact is congress stupulated they don't want them in the federal prisones. the issue for me i don't care if they are in gitmo or federal prisones. but i don't want them in the battlefield and endangering the troops and people. >> the state department came out because of the debate in part today and said we have numbers on the detain ooes that returned to battle. before 2009, it was 19 percent of those suspected of reengaging

and after 2009, it is under seven percent. what are the significance of those numbers, general king? >> it is dramatically different than anything than any other observer group came up with. the numbers new as they are. will have to receive scrutiny before we say that is a fact. i doubt it seriously based on the last 13 years. >> general it is great having you on the program. thank you. >> a new report said americans are not very confident spending less money. and what does that mean for the overall economy. >> and a popular item pulled from the menu at hundreds of stores and what it is and the reason behind it. ing] everything okay? we're here because you're about to have a heart attack.

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>> stocks are way down after disashes -- disappointing news on the sales. joining us from the sister network fox business network. nicole, it is a rough start to 2015 nicole? >> absolutely right. it is a tough start for 2015 and the four trading days including this moment, were down 600 points on the dow jones industrial average. and the retail numbers were weak and jp morgan numbers are weaker than expect exclude oil is plunging. and there was a inventory bill. and we have sewn the major saefrjs. s&p 500 is down three percent this week and it is volatile on

wall street. big swings up and down and some of it related for oil. and safe haven of bonds, that is 1.81 percent. and so investors are trying to figure out where the pest place for their money. >> and retail sales fell last month. and consumers not feeling so good about things? >> we have had a mixed bag of economic news. wage growth is pulling back. and that is setting the cautionary tonight. and they have lower gasoline prices and they are wary and they are digging in their savings to pay down debt and medical costs and we can show those names. walmart and target down two percent and tiffany down 17 percent this week. we have had a mixed bag and looking for more earnings this week including intel. and we'll look at the european

central bank to see what moves they make and we are all tied together. global markets can weigh on our own here at home. polls are disashes pointed and they are down 300 points. >> nicole thank you and don't miss her on the fox business network. go to the channel finder to find. it >> a big change in chipotle. they will not serve pork in the restaurants and time soon. the supplier violated the standard ares and a third of their stores were impacted. it had a way the pigs were housed. they were brought up to humane conditions with access to the outdors and no word to find out how long it will take to get it back on the board. >> makes mehungry. >> there is a story that barely

made headlines. hundreds killed in one day. is boca haran the next terrorist force to be reckoned with. >> and a prison bus over turned and flies off of the overpass with deadly results.

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ten people were killed when a bus carrying state prisoners skids off an icy highway and crashes. casy ste gal is live on the phone near that scene. >> reporter: we were working on another story not far from the site. we have raced on the scene and been on the phone with folks in the department of public safety and department of krekszs to get information. a transport bus carrying 15 people. three correctional officers and 12 prisoners veered off an over pass in pin wheel, texas. south of odessa and landed on train tracks and was hit by a train according to the state department of criminal justice. ten people are confirmed to have died in the crash, two of those correctional officers and eight prisoners and the other five transported to an area hospital.

i got off of the phone with the hospital. four of those patients are critical and one serious. the bus was traveling between the prison between abilene and el paso, texas. it is it a 450 mile journey and we understand that brought them through the area where this happen. the cause is not determined but personal perspective and being here not far from the scene, temperature hovering around freezing and we had light drizzle and enter thes and overpasses are the first to freeze, and so it would not surprising if it was weather that is the cause of the horrific crash. and we are on our way and we'll update as soon as we have it available. casy ste gal, thank you. >> world watched in horror as the paris attacks and another

attack by boca ha ran in africa got no attention. 2000 people are murdered in a campaign from the islamic terrorist group thatat rival iraq and syria. and we have more for us now. jennifer? >> reporter: all eyes have been on paris and isis and syria and iraq, boca haran, that kidnapped 2000 christian school girls is on the move and capturing 12 towns in six months and they control more territory than isis. and just days after overtaking a military base that was supposed to be use by international terrorism groups, they slaughtered up to 2000 people in the town of ba ga. and raising questions why i am charlie the world is not saying i am baga.

dr.ro land is in charge of security in nigeria and in town for president obama's summit on extremism. >> we had 2000 people massacred and 17 people killed in france. and the whole week the news is about france instead of focusing on the 2000 people. >> reporter: the state department said it is a regional threat. but the group competing with attention from isis and al-qaeda sent a 10-year-old girl with explosives strapped to her body in a marketplace and kill canned 16 people. >> president obama is able to draw forces in iraq and syrian region to be able to confront isis and boca haran and in the

northern part of the continent of africa is equally a threat of innocent people and innocent children. >> the nigeria government cancelled a key counter terrorism program and not asked for u.s. surveillance flights to find the kidnapped girls for sometime according to u.s. officials. >> much more on the story as we get it. thank you. >> in the meantime the french government. is now ordering prosecutors around the country to crack down on hate speech and glorifying terrorism. it is a way in which french leaders are responding in the horrifying attacks in paris last woke. it is described as france's 9/11. dom nick lower an is a associate professor in dickinson college and knows a lot about this. a lot of people would be surprised by what you can say in

france that can get you arrested. are those restrictions necessary in a time like this >> yes, american audience it may look exaggerated, but again, you have to look at theentious vent as a french 9/11, even though the number of victims and the amount of destruction is not commen surate it is a shock to french society and the french government is getting heavy handed in its reaction. like today, for instance they arrested a french comedian who is known terror anti- semitic jokes and arguments and he's on the record supporting the terrorist against charlie hebdo. and the heavy handed attitude of the french government is seen as a reaction after the shock of the french 9/11. >> interesting, too, the obama

administration does not like to use the phrase war on terrorism, but france is saying that's where we are now. a war on terror in that country? >> yes, that was the term used by the prime minister in parlaiment and it is really as they said before here, the gloves come off. and so i expect the french the french government has already instructed judges in the country to be far less tolerant of anti- semitic and anti- freedom expression by whomever. and so they are source and likewise, in its cooperation with the u.s. in terms of fighting in syria and in ma li. >> and i expect to see a greater amount of cooperation with the

u.s. and alloys. >> there are fears that the terror cell that was involved in the charlie hebdo attacks may have other members that are not brought to justice. and that has to be terrifying for the people of paris and all of france. >> at first people thought maybe they were just boasting and anyone can say they are working for isis. and i don't know much more than you do because the news is developing, but it looks like a terrorist cell trained and financed by isis or al-qaeda. and so yes, there is great sentiment in france and also fear. fear that other accomplices may be out to do something against the jews and the french government or the civilian targets and so t police.

sorry? >> go ahead. >> yeah, no the police and army deployment has been multiplied in the past 3 or 4 days. >> there is a bitter irony here charlie hebdo, magazine was teetering on the brifrn of financial ruin and the attack brings that magazine to prominence and they put the prophet mohammed on the cover again in a way that enrages the muslims, but certainly has seemed to bring about the support of a great deal of the population of france. i mean, is anyone there thinking that that was some way a bad idea? >> no i think most. with a few.

but most people support their attitudes. i think we here in america have a different history and there is freedom of the press and 43edom of expression is long established in the u.s. in france it was recent phenom nan. freedom of the press was voted only in the late 1880s actually only to be repressed in world war one and more so in world war ii and during the algerrian war when the french democratic government sensored the french press. and so freedom of the press and freedom to say anything you want even the most unpal papable things is for the french press and that explains the relation and explain why cartoons against religion which are kind of unpalatable for american

audience are more accepted in france. french journalist in charlie hebdo view themselves as a watch dog and they test it. >> and the people of france spoke with their wallets and snapping up the 3 million copies. thank you. >> thank you, sir. >> jodi arias is back in court for the sentencing retrial and murder of her former boyfriend. new testimony released and the impact on whether jodi a riowa a s lives or do is. and how a smart three-year-old helped police to rescue him. >> my baby is in there. >> where was your car last seen. >> i don't know the address. canned chore

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>> guess how many in git me in yemen. the number is shocking. and plus mo goppers jump negligent presidential ring and why is there no competition amongst the dems for the most powerful job in the land? and we'll have a statement from kurt bussch exgirlfriend after he claims she is a trained assassin. >> sentencing retrial of convicted murderer jodi arias. and upholding the release of testimony given by arias behind closed doors. she admits to killing her former boyfriend travis alexander in 2008. rebecca, jodi arias was found

guilty of murder and sentencing retrial is happening because a jury could not figure out what should happen to her. what is the impact of the testimony on what happened to jodi arias eventually if >> it is so difficult for the judge now. we have secret testimony that the judge allowed of just jodi arias questioned by her attorneys and the prosecution is saying, you are releasing all of this information and we didn't get a chance to cross examine her and the prosecution is saying throw it out and the jury needs to disregard it unless we can cross examine and get to the root of what the prosecution wants to prove that she should be put to death. the defense is inupon sifting and begging the court to give her a life prison sentence and to spare her life. >> it is up to the judge to decide whether or not the death penalty is on the table and the

judge will rule on that and hasn't yet. where is that going? >> it is the judge ultimately. the judge could say we'll stop the proceedings and declare a mistrial here and the only other option would be life in prison. and what is going to happen. jodi arias will continue with the sentencing phase. i don't think the judge will sentence to her life. she is going to have to testify and humanize herself to the jury in light of the information where she admits to killing the victim in this case. >> rebecca she can take the stand again. >> she already took the stand. the jury heard the testimony where she was directed by her counsel and they tried to humanize her. it talks about her life as a young girl and journalling and living with another man and feelings is an attempt to make her seem like a useful human

being to keep her in prison for life rather than execute her. the judge is facing a difficult situation. should this be a mistrial or just direct the jury to disregard what happened. but can't compel jodi to take the stand. her attorneys are are convinced if it she does she will be harassed and they have a lot of kangaroo nonsense going and the attorneys keep insisting it is too much and they need it in secret. the court of appeals said you don't. >> what about this, jodi arias admitted to murdering her boyfriend, that is the fact and the case and found guilty of that, why is it taking so long to find out what happens to her and when will we know that? >> she admitted killing him and found guilty of murder by a jor. even though the jury has her testimony of her before, she

will have to take the stand again in order to really connect with them on a human level. it is different to see her speaking in front of them versus listening to previous testimony. it would be responsible of her defense attorneys to put her back. >> will it take weeks or months and when will it conclude? >> the way the trial is going, it is up in the air. there is a canningro court is a perfect description and a lot of motions are filed and a lot of issues that keep coming up and delaying the process and that is unknown and a lot of taxpayer money is paid over this one woman. thank yourebecca, diana, great to have you both. so republicans are trying to push through a bill for the keystone pipeline project. the construction of the pipeline is long overdue. plus, those two climbers

scaling yosemite's sheer granite wall, just about an hour away now from making it to the top if all goes well. we'll bring you the latest on their progress.

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. a little boy in utah is safely back with his mother after a carjacking with her son still inside? >> oh, my god my baby's been kidnapped. >> we'll get him back. what's your call back number. >> you don't know your cell phone number? >> my phone is in the car. >> can you just imagine that? the boy helped rescue himself. the police called her cell phone, the mom's cell phone and the smart 3-year-old answered the phone after he was left in the abandoned car following a

very tense joyride. >> so good just knowing he was safe and knowing what he did, and he was willing to do whatever it took to find him. >> to the boy was unharmed now police are still trying to find out who the carjacker was in all of that. two climbers trying to become the first to use only their hands and feet to scale a sheer granite wall in yosemite national park. william? >> john, as you said, about an hour, it's incredibly difficult imagine scaling the wall with nothing to grab wider than this pencil or even the edge of a nickel. free climbing el captain has never been done before. it's considered the most difficult rock climb in the world. it's smooth sheer granite,

straight p up. they're using no hammers or anchors, a rope will catch them if they fall but cannot be used to ascend. kevin and tommy climb largely at night using head lamps and the rock needs to be cold to prevent their fingers from producing too much perspiration. there's two pitches up the wall. pitch 15 very difficult. there's literally nothing to grab. a climber has to jump eight feet horizontally, both the hands and the feet leaving the rock to go vertical again. over 10 days, majorjorgansen fell -- the -- he succeeded. john basically they'll be resting tonight and they'll have a news conference tomorrow. >> incredible. thank you. we'll be right back.

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thank you for joining us. >> see you back here tomorrow. "the real story with gretchen" starts right now. does the president still want to close gitmo even though a whopping 81 of the 181 detainees are from yemen? and nascar champ kurt busch in a nasty court fight, saying his ex-girlfriend is a trained assassin. where in the heck is he getting that information? you are hear from her exclusively this hour. "the real story" starts right now. top news alert now, al qaeda in yemen taking credit for