those cute little guys home. i think you need a group of them to have the full effect and that's pretty expensive. >> like a platoon. isn't it? hope you can join us tonight in prime time and for the fallout tomorrow. >> look forward to it. have a great day, everybody. see you later. >> president obama set to deliver his sixth annual state of the union address and for the first time in his presidency it will be before a republican controlled congress. won't that be interesting? hello. i'm jon scott. >> there's a first time for everything. i'm jenna lee. welcome to "happening now." during his speech, the president plans to unveil a series of initiatives aimed at income inequality setting the stage for the 2016 presidential election cycle or some say. specifically, the president is calling for tax hikes for the healthiest americans, raising some $320 billion over the next 10 years to off set cuts for the

middle class and the poor. republicans are calling his plan a non starter and accusing the president of waging class warfare. kevin joins us live from the white house with a preview now. kevin? >> you're right. a non starter because much of what the president is expected to propose tonight, once again simply doesn't pass the g.o.p. eye test or for that matter the g.o.p. math test when you're talking about controlling the purse strings in congress this is a very very big deal for the g.o.p. and they are leadership. take a look at the ideas the president is expected to float tonight. you talked about raising big time money to pay for some programs down the line. he would like to raise cap pal gains taxes, charge banks new fees, close the so-called trust fund loop hole and tax krej savings plans, the 529s which you don't have to pay taxes on if you take the money out. what's it all about? the goal is raising $320 billion to pay for a middle class tax cut and other programs like free

community college for millions of americans. earlier today, white house press secretary was talking about the economy here on fox news. he says things are on the rebound which makes now the perfect time to have a tax policy discussion. and for that matter rnc chair agrees agrees. >> if republicans have a different vision, if there's an area to disagree, they're welcome to say so. if they think it's more important to close the loop hole, they can make the case. >> the reality is that none of that dinging and dunking is going to change anything about the trajectory of the economy unless you look at the overall tax code. >> he's really hammering home that point. he's talking about a simpler tax code like what we heard paul ryan talk about on many occasions in washington. don't forget everybody watching on the home to join fox news for live, continuous coverage of the state of the union tonight. bret baier will head the coverage from here and the nation's capital.

it's an exciting day and we hope you'll join us for all our coverage here tonight. >> it is our top story today, kevin. thank you very much. >> you bet. >> mitt romney still considered the frontrunner over other republican candidates heading into the 2016 presidential campaign season. at least according to the latest "wall street journal," nbc news poll. 52% of all republicans hold a positive view of the two time presidential candidate compared to 37% who say the same of former florida governor jeb bush. so what to make of these number s? >> tucker carlson is editor and chief and also a fox news contributor. given these numbers, is it any surprise that mitt romney is at least publicly saying he might run a third time? >> well, the numbers are good for him but they're usually related this early on in a presidential nominating contest

before the full season kicks in to name i.d. and obviously as a former republican the last republican nominee in 2012 and an also ran from 2008, mitt romney has very good name i.d. with republicans. it usually tends -- your support usually tends to drop once you get more serious about a run. jeb bush's approval ratings were 15 points higher according to the very same poll when he was looking like he wasn't going to run at the end of 2014. and now he's less popular. same thing will happen to hillary clinton if and when she seriously dives in. this is a good thing for mitt romney but it's about the only good thing. if you look at the reaction, the response he's gotten since he let this rumor fly and told supporters, tell everyone i want to be president again the reaction has been so negative, i found it stunning actually. and if bush has a way to go romney does, too. >> all right, tucker. 52% popularity. how do you explain that? >> republicans like mitt romney.

i think there's a large reservoir of affection for him. he was the nominee last time so they like george h.w. bush. i'll bet his approval number is probably 90%. it doesn't necessarily mean they want him to run for president and probably the same goes for romney. i'm in full agreement with her on this. it's hard to see where the reservoirs of support for a presidential run are. they're not in the establishment. no matter -- one member of congress or two said i would be for this and of course, they're probably not among the base the tea party oriented parts of the republican party. things change but right now i think he would definitely have to fight for it. >> he would have it seems, if he had this broad base of support within the republican party, he would have sewn up the nomination a lot earlier the last time around. he had quite a challenge there from some of the other candidates who were in the race. >> oh very tough run. you remember every single contender, herman cain and michelle bachman, perry at one

point, donald trump, all of them were ahead of him at some point as frontrunner. in the end, republicans were peeling off and every single contest before he was clearly the winner and was going to mass the most delegates. they were peeling off for governor perry, newt gingrich peeling off for rick santorum and rand paul. that's not enthusiasm. that was the default winner of the 2012 contest. for him to come back in he would need as tucker referred to, the natural base to build from and right now it sounds from the responses, both public and private that the only natural base of support is romney's family and long time close associates and even jeb bush has been able to pull away some of the most loyal long time staffers to join his new bid for the president. >> in the meantime tucker, there is an upspring of sorts underway in the economy. gas prices are down. the president's numbers seem to be ticking upward.

is that all attributable to the improving economy? >> part of it is attributable perhaps to attention spans. most americans are thinking about other things perhaps. i don't think anybody gives the president credit for the drop in gas prices. he's doing -- he said we can't drill ourselves out of the energy crisis. turns out you kind of can but gas prices are not a big deal. no one i met here thinks about the price of gas day-to-day but in the rest of the country, it's not a small thing and it means thousands of dollars real money in the bank account you didn't have before. why wouldn't people be pleased by that? how long would it be until washington decides to jump in and tax gasoline for and you see the prices rise? i don't think it will be long. >> they're talking about that aren't they? >> of course. of course they are. >> thank you. >> thanks, jon. >> new information today as isis

releases a chilling video showing two japanese hostages neiling in those familiar orange jump suits. in it a masked terrorist as you see threatens to kill the hostages unless japan pays $200 million for their release within 72 hours. john is joining us live from the jerusalem bureau with the latest on the story. >> yeah. japan's prime minister has been here in jerusalem, actually and said earlier today that the threat to kill those two hostages is a quote unquote, unforgiveable terrorist act. the video shows the two kneeling as mentioned in orange jump suits. the same kind worn by other hostages beheaded by isis as we know. the captor speaks in what sounds like a british accent perhaps the same person we've seen in other hostage videos that we've all become too familiar with at

this point. as for the two men, one is a freelance journalist who has been in syria and iraq and the other is described as the chief executive of a private military company. it's unclear, however, what exactly he was doing in syria and the two men, according to some reports, may have been together when they were captured over the summer. now, as mentioned, japanese prime minister has been in jerusalem part of the middle east visit and said today during a press conference that saving the men's lives is a top priority though he did not indicate whether his country will pay that $200 million ransom and the $200 million figure is the same amount of money that japan has pledged in non military aid to u.s. coalition forces fighting isis in both syria and iraq. so once again, another distressing video. >> that story we continue to watch. thank you. >> some nervous moments for airline passengers.

just landing in new york's biggest airport. as officers swarm their planes searching it from nose to tail. hear what they were looking for. plus is $5 gas around the corner? we'll tell you how today's low price as fekt the oil supply and prices in the future. we want to hear from you. what do you want to hear from the president in tonight's state of the union address? our live chat is up and running. go to fox news.com/happening now. click on america is asking and get your thoughts into the conversation. two weeks later. look, credit karma-- are you talking to websites again? this website says "free credit scores." oh, credit karma! yeah it's actually free. look, you don't have to put in your credit card information. whew! credit karma. really. free.

every truck can tow a boat. every truck can climb a hill. every truck can haul a trailer. but not everyone can say they're the fastest-growing truck brand... in america. guts. glory. ram. >> right now passengers safe. we're happy to report after a bomb threat on board a delta flight. plane travelling from san francisco to new york city came up clear after it was swept for explosives. 171 passengers were evacuated last night. the plane was taken to a remote part of the runway. passengers describe the frightening moments as the bomb squad moved in. >> everything went smoothly until we landed and it was a

great landing and everything and we heard an announcement over the loud speaker that another plane may have had an issue with -- we weren't quite sure what. and then a minute later went by and they said that there was a suspect possibly on the plane or a suspect package or something. we realized it was our plane. we saw the plane surrounded from port authority vehicles. it was quite surreal. when something like that happens, you don't know how you're going to totally react and how everyone around you is going to react but everyone on the plane was pretty calm, including myself and even my wife. i was impressed. she gets a little nervous while flying. >> nervous, you bet. a j.f.k. flight to tel aviv with the same flight number was also searched. it was also cleared. >> enjoy those rock bottom gas prices now because apparently they won't last long. that's according to one former big oil executive. he said prices will rise next

year as supply dwindles and demand returns possibly as high as $5 a gallon within a few years. right now, of course it's not close to that. aaa says the nationwide average is $2.05 compared to $3.29 this time last year. joining us from our sister network is lauren. >> hi, jenna. good morning. we're seeing stock and oil prices fall together after the i.m.f. cut the global growth forecast not only for this year but for next year too, warning that weakness in most major economies will outweigh the benefit of cheap oil and gas. while cheap now, oil around $46 a barrel and half the nation buying gasoline for under $2. the former head of shell says enjoy it while it lasts because $5 gallon gasoline is coming soon. i just spoke with john who has up citizens for affordable energy and he said that $5 gas

will be here in 2016, time for the elections and the reason is twofold. more and more companies are cutting back on the oil produced. it's not as profitable for them. last week 74 rigs in the u.s. went out of business. 75 rigs a week before that and hundreds at the end of last year. we will see oil supply fall. number two, he said no big energy company ever expected to imagine china and india and europe to fall this much so the glut of oil we have on the market will soon dry up and demand will eventually go up. how will we meet that demand? expect it to be 100 million barrels a day by 2020. we might not. that's conducive to gas prices more than doubling what they are today. don't go buy that gas guzzling s.u.v. any time soon. >> okay. i'm off the market. i still have the truck which is 12 years old at this point and still running strong. thank you very much. probably could be more fuel efficient. see miss lauren on the fox

business network f. you're not sure where to find it in your area, click on fox bit.com slash channel finder. >> i don't suppose the neighbor would like me putting a 10,000 gas tank in the backyard and filling it with $2 gas. >> an option perhaps if you're looking for one. >> that would be nice. jury selection underway in the trial of the man accused of kidnapping a person eight years ago. the person going to testify after remaining quiet for years and republicans slamming the tax plan the president will outline in the state of the union. how it could force even more of a battle on capitol hill.

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>> right now new information in some crime stories we're keeping an eye on. opening statements today in the trial of a 7-year-old murder

case near seattle. joseph mcenroe and his former girlfriend, michelle anderson, are accused of killing six members of her family. prosecutors want the death penalty, though washington has a for tore -- moratorium on executions. a man is accused of killing pates. hernandez confessed and then recanted. now the mother is expected to testify. and jurors in the trial of jake on perriman resume deliberations in tennessee. he's accused of murdering his wife carla on valentine's day in 2013. >> the president is expected to outline his plans for $320 billion in tax increases over the next decade targeted at high income americans. money will pay for $235 billion in tax breaks for the middle class. republicans are calling the

president's plan a quote non starter, and say the president is returning to class warfare, however, republicans and democrats agree that something needs to be done with growing income and equality. joining me is president of the american action forum and the director of external and government affairs at the economic policy institute. great to have you both. christian, let me start with you. why do you think the president's proposal will work now? >> well, jenna, this president's proposal reflects the way the economy has evolved the last decade or so where we've seen increasing concentration of incomes at the very top and this class plan seeks to get income from the very, very high income earner population the top 1% and actually do some things to grow and strengthen the middle class. >> on that the white house gives a very similar explanation to what christian just said and says in addition, hey, we're returning the capital gains tax the same level it was under ronald reagan. wheat the big deal?

>> no vision for growth here. it looks like the white house is out of ideas for growth. instead, you would have hoped for a more optimistic vision and a handout for the next generation and there's no real principle tax policy here anyway. when ronald reagan was president, there was a principal tax reform at a top rate of 28%. that unwound because people found that was bad for growth. republicans and democrats alike lowered capital gains in the 1990's. no explanation why that's the right number. they're willing to hurt growth but not 27? >> i'll get your response. let's say the president does say tonight it's going to be 28% many do you think republicans could reach a compromise and say, okay. we'll give you 25%? we'll give you a little more. >> why would you compromise on a tiny piece of a broken tax code when a complete overhaul is needed? the real problem here is the president is cherry picking his favorite proposals instead of offering a comprehensive vision of a new tax code something he

said he would work with republicans on but so far, there's no interest in the actual plans on either the corporate side or the individual side. >> christian, respond to that and also talk to me about compromise. if this is where the president is beginning and that's -- this is the first into this conversation for the year where do you think the president will concede a little bit to come to republicans if at all? >> comprehensive doesn't work in the partisan environment of washington right now so the president is actually offering a very modest incremental, very common sense approach to just move a little bit in the direction that he would ultimately like to go. you know, when it comes to compromise, why do you need to compromise on something that really is not going to hurt anyone substantially? you know, let's be clear. what this means is that you know, instead of $76, that high income earner they're going to earn 82. it's not that big of a deal. >> not that big of a deal, doug. doesn't sound that big.

>> it's the classic example of trying to dress up in the quote good tax reform as attack on the rich handout. if you really believe that this say tax loop hole you should close it for everyone. the president is saying, look. if you make $199,000 it's not a loop hole. this is nothing with real tax reform that lowers tax rates to benefit everyone. this has everything to do with picking winners and losers which is 100% the opposite of tax reform. >> would you get behind closing all loop holes and amass a tax reform? >> yes. of course. >> what do you think about that one? let's close all loop holes. >> i would love to sit down with doug. he and i both very well wn that has about 0% of moving in washington so we shouldn't let -- >> because there's no presidential leadership. the last time the president for the united states ran for re-election promising tax reform, it took a lot of political bulletins and did tax

reform. you can't get it without white house leadership. this isn't leadership. they're playing politics in 2016. >> i'll get to you weigh in and then we have to go. what about the growth issue? doug, you brought up the point that there's no plan for growth. this is where major job creation is going to be. this is a little bit of rejigering what's already out there, closing cloop -- loop holes. if there was a formula for growth in america today what would it be? >> i think we should aspire to gert growth. >> like what? what would it look like? >> there's a traditional -- real growth would look like a genuine program of tax reform genuine pro growth infrastructure policy, something the president has claimed to have an interest in. silent on that. it would be another look at education reform another look at the kinds of things we can do in regulation reform where we know the burden is too great. silence on the issues affecting the american business community and stopping small businesses from degreeing and hiring. >> the president is not really doing anything for growth.

>> the president talked about infrastructure for quite a while and he's been met with deaf ears in congress and i think we'll hear more about it tonight. that's an area where we both agree, we have a huge area of unmet need and a great potential to actually increase the employment and increase the supply of good jobs. that's how you get a strong solid growth that's going to improve the overall economy. >> great to have you both. it's always nice to have you on a panel and we'll continue to watch what the president has to say specifically tonight. we would love to have you both back to talk about it. thank you very much. >> thank you. >> man accused of a massacre during the premier of a batman movie now gets his day in court. an unheard of number of citizens in the jury pool to decide the fate of james holmes in colorado. plus waiting to hear what the president says tonight on iran and its nuclear energy program. is u.s. policy doing the job to ensure iran does not build a nuclear weapon?

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the road were not celebrating in the same way. jon: jury selection begins in trial of accused colorado movie theater shooter. prosecutors say james holmes stormed a midnight showing of the 2012 "batman" movie and opened fire, killing 12 people and injuring dozens more. holmes pleaded insanity. unprecedented 9,000 people are considered for the jury. coupe kuhn is live in centennial, colorado, where the trial is to take place. alicia? >> reporter: hi, jon. the process that begins today will go in phases of. you mentioned 9,000 residents of arapahoe county who received a summons. in order to get through the historic number, they will show up in groups of 500 broken into two groups of 250. of the judge will lead them through orientation and each person will fill out a very extensive questionnaire. in february the individual questioning or voir dire begins.

the summonses went out in september around that time the parents of james holz release adler to the media pleading for their son's life claiming he was in the throes after psychotic episode saying in part, we realize treatment in an institution would be best for our son. we love our son we have always loved him and we do not want him to be ex-cueded. we lengthy trial requires everyone to relive horrible moments in time causing additional trauma. arapahoe county district attorney george brock reject ad plea by the defense to save their client's life. 12 alternates must be all death qualified, meaning they are willing to impose the death penalty. >> i always say be very careful not a stereotype that could get you in big trouble. it is really more about life experiences, not so much about someone's gender or age or race

but more their life experience. >> reporter: jury selection could take three to four months. then an additional five months for the rest of the trial jon? jon: wow. takes that long to go through nine thousand people i'm sure. alicia acuna, thank you. jenna: another big item to watch for during tonight's state of the union address is the president's position on iran as negotiations over the nuclear program continues to drag on. the president insists he will veto any bill from con geese demanding new sanctions. his exact words last year. take a listen. >> let me be clear if this congress sends me a new sanctions bill now, that threatens to derail these talks i will veto it. [applause] for the sake of our national security. we must give diplomacy a chance to succeed. [applause] if iran's leaders do not seize

this opportunity then i will be the first to call for more sanctions and stand ready to exercise all options to make sure iran does not build a nuclear weapon. jenna: more on that in a moment. today we learned that iran just signed a new military agreement with russia. is our policy toward iran working? joe cirincione and we have frank gaffney, former president of the security policy. good to have you both. the president mentioned in the press conference with david cameron he will veto any legislation coming from congress to the same end to make sure the nuclear talks continue to go well coring to his assessment. why do you think we should stay the course? >> the u.k. prime minister cameron said remember, he is the head of the conservative party in great britain, give these talks a chance to succeed. we're very close to a final deal. we've been talking for almost a year. the talks frozen iran's program they rolled it back in certain

important aspects. iran is further away from a bomb now than they were two years ago. we're very close to clinching a deal that would permanently stop iran from getting a bomb, td roll the program back a any further. a new sanctions bill from congress would kill these talks. that's what cameron said. he begged the republican senators not to pass this new bill give the talk as chance to succeed. if the take talks fail there is are plenty of time to put sanctions on then. jenna: the legislation, it is, it is a large bill, supported by both republicans and democrats. the sanctions wouldn't go into effect immediately, frank, they would go into effect if talks did fail. the you disagree with joe and we're not close to a deal and that is one of the reasons why we have to change course. why? >> well, i disagree with everything joe said actually not just that last point. the point that really needs to be focused on is, we're no closer to ending the iran's

nuclear ambitions than we were when this process began. in fact i would argue we're further away from it, not least because the covert part of this program is continuing pays. and even the infrastructure for the overt part is being left in ptace for a breakout at their convenience. we i think, have given this process plenty of time. reality is, if we give it more time it will be time for them to to finish the job. i fear they're already close to that as things stand now. president obama in effect enabling the iranian nuclear weapons program, not stopping it and i think congress should put sanctions on now. at least make it clear they're coming on real quick. jenna: frank said there is additional work done by the iranians not on the parts they agreed to as part of this interim deal. that they're work to procure equipment for their iraq water reactor, for example and that yes, maybe they're agreeing to

stopping certain parts of the program but that is only parts of the program that they have good technology so far and they are continuing to work on the other parts they don't? >> jenna, the reason you have frank and i on we completely disagree over this. jenna: that's right. >> your viewers get to choose i would say, frank is completely wrong. there is no reputable expert that thinks iran has gotten ahead on its nuclear program over the last year. it has not been able to put any new centrifuges in. it has not been able to enrich uranium up to 20%. it reduced the stockpile of gas is has. it is further away from the gop that prime minister netanyahu warned us a few weeks away two years ago. we have frozen this program. the trick is to look it down permanently. put iran's program in iron bongs and camera on to be sure they're not cheating on it. the deadline is march. just give us two more months. >> we had so many deadlines, joe. there have been a series of deadlines and they continue to move. >> really.

jenna: will this make any different? >> can i get into the conversation. jenna: go ahead, joe. >> just one second. >> hold on, frank. go ahead, joe. >> one second, frank. the deadline doesn't hurt us of the program remains frozen while we keep talking but sense march this is really it. don't want to send the talks anymore. >> can respond to what joe has to say but i i want to add something else in. last year the state of the union oil prices were hovering $100 a bear. iran's economy is really dependent on oil. we now see oil is at $50 a barrel. some say that hurts more than sanctions. does it make sense to continue with the legislation when you have this other part of the economy potentially hurting iran as critics say even more than what we could do? >> look jenna this is a regime that is at every turn threatening the destruction of this country. i don't think the american people are aware of how virulent the rhetoric and hostility towards us all the time.

we should be using both sanctions and the collapse of the oil price to squeeze these guys and stop this covert program. joe didn't even address it. there is ample evidence that there are activities underway that are not being disclosed and that actually contribute to the very problem joe says we don't have, that it is a frozen program, that not producing more uranium, not enriching more heilly. we don't know. joe doesn't know. the international atomic energy agency doesn't know because they're being frozen out from inspections they're supposed to be doing right now. that is before there is even a deal. imagine how impossible it will be to put this on a box to have a camera on later. this is a -- game and we should stop it now. jenna: if there is camera on the box i want a live picture for fox news viewers. >> we'll work on that. don't hold your breath. jenna: we'll see what the president has to say. we'll run to some breaking news of the thanks so much. >> thank you.

>> fox news alert and a shooting reported at one of the most well-known hospitals in america. the brigham and womens hospital in boston. a shooting reported on the second floor in the shapiro cardiovascular center. the good news here, police say they do have a suspect in custody. for a time the hospital was in lockdown. some of the streets immediately around, around the hospital including dream month street were closed. because the suspect is in custody. the lockdown has been lifted. traffic is getting back to normal. you can imagine chaos inside of the hospital as a person was shot. no condition on the word of the shooting victim but again a suspect is in custody. also this bikers flooding the street for what they called a celebration but for drivers it was more, well, like chaos. look at pictures. you can see what was happening.

we'll tell you how it all played out. the case of a convicted murderer accused of shooting a man four times at close range goes before a state supreme court. the reason why defense lawyers are demanding a retrial next.

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what?! credit karma. really free credit scores. really. free. i could talk to you all day. jenna: let's check out ahead what is on "outnumbered" at top of the hour. hi lady. >> hi, jenna. the president will give his sixth state of the union. some say what he says could hurt hillary clinton in 2016. >> no you didn't. >> i did. liberal group and main people media belittling joni ernst. >> they made fun of her because she is pig farmer. >> how dare they. >> parents get bill ad no-show fee when their five-year-old failed to attend a birthday party. is this over the top or bad manners? >> find out how much i would have to pay. with our #oneluckyguy at top of

the hour. >> thank you ladies. we'll look forward to it. jon: a convicted murderer gets his day in the georgia supreme court after the prosecutor's key witness lied on the stand during the trial. rusty schneiderman was shot and gelled on november 18th, 2010. on january 4th, 2011, hemi newman was arrested and charged with murder. he pleaded not guilty by reason of insanity. claiming he had an affair with the murder victim's wife, andrea. a year later his trial began. andrea schneiderman took the stand and denied there was any romantic relationship. that turned out to be a life. neumman was fond guilty to life in prison without parole. let's talk about some of the permutations here. former prosecutor doug burns and fox news legal analyst

lis wiehl. this case makes my head explode. >> right. jon: she was andrea schneiderman's boss. apparently they established some kind of a romantic liaison. he gets convicted of shooting her husband to death outside of a day-care center. >> right. jon: he was found guilty but mentally ill. >> right. jon: yet sentenced to prison for life. let's talk about that. >> under georgia law is a little bit different than most other states on this if you're found guilty but insane then usually you go to a mental hospital or something like that you don't serve prison time. in georgia if you're found guilty but insane, you just, you get the same sentence. you get the sentence. you don't go to a mental hospital. >> by the way very interesting point. as trial lawyers we often debate what jurors should or should not be told. in georgia jurors are not told if they find somebody guilty but mentally ill they're going to pet the same sentence. if they were told that you would

see more verdicts like that. i looked a the statute. very confusing to be found guilty but insane and get the same exact sentence, that is interesting. unusual. >> yeah. unusual for georgia. jon: because they're saying your mind wasn't working quite right but still you're going to prison for life and don't have a chance of getting out. >> exactly. jon: he goes to trial. she testifies against him. she was charged with murder too. >> she was hostile witness. we'll come to that. jon: she was charged with murder at second trial but on eve of the trial, the prosecutors dropped the charges. she is already out of jail even though she was convicted of 13 counts. >> perjury. she went to jail for perjury. they probably thought that was enough. back to his conviction, whether or not his appeal or his conviction will be reversed. i don't believe so because it is harmless error. the standard for that is it doesn't, i know it sound -- jon: that's why my head is exploding. >> i like that reaction and i

will make an explanation in a second. >> in other words what the judge is saying, first judge is saying yes she lied, and that's horrible and that's wrong but there was enough evidence to convict him with standing whatever she said whatever her perjury charges. it is called harmless error. all right doug. >> lis is right, when a witness lies at your trial reversal is not automatic. you look at couple things. was there testimony central to the conviction, obviously and number two was there enough evidence without it to convict. >> exactly. >> i take other side. whether or not she was having an affair with the guy is critically at center of this case. jon: women can make men do a lost stupid things. i don't know if you agree with me doug. it happens to be my personal opinion. >> i totally afree. >> we're out of the legal realm. >> that is my expert legal opinion. jon: if they are having a hot and heavy affair and gods him to qlik her husband an testifies against him -- >> he still did it. >> i like john's point which --

>> that was motivation. still did it. >> to put you on the spot, they charged her with murder. wonder why they pulled that back. >> they already had a perjury conviction. jon: she is already out of jail. >> would have gotten sentenced to a lot more. >> obviously didn't have enough on her. they have the guy with the gun at day care center. jon: and she lied! >> he said he did it. >> like the old joke, guy on trial for murder and prosecutor thinks he lies. are you aware of pennal for perjury. yes i am and a lot less than it is for murder. jon: we'll continue to watch this case. we'll let you know what the supreme court decides in georgia. doug lis, thank you both. my head will explode. jenna: keep it on for another ten minutes into the other show. after five years in cuban jail alan gross will be front and center for the state of the union address. where president obama will state his reasons for the opening relations with cuba. search is on for six people

trapped believe trapped in the flames.

jenna: well, right now new information about a massive fire destroying a mansion in annapolis, a fire official says relatives of the six family members who lived in the mansion believe the family was at home when it went up in flames yesterday. the fire official confirmed the primary focus for the search for the missing family will be in the destroyed home. some tough news there. the family has not yet been identified. you remember seeing this fire. we brought it to you yesterday. crews are waiting for the structure to be stablized to begin their search. federal officials across the country are helping with the investigation but a terrible fire and apparently firefighters did not have a good source of water to put it out. that is one of the challenges as you see the destruction in its wake.

jon? jon: wow. president obama's historic policy shift on cuba takes center stage tonight. alan gross will be seated in first lady michelle obama's box during the state of the union address. the former federal subcontractor was released from cuba last month after spending five years in prison there. we brought you his story before on this program. chief washington correspondent james rosen live in washington now with an update. james? >> reporter: jon, good morning. to a degree not seen probably for decade tonight's state of the union address will carry a heavy focus on cuba. in addition to alan gross, the former u.s. aide subcontractor freshly freed from captivity in cuban jails attending tonight's address as the guest of the first lady, jorge perez will attend as get of speaker john boehner. likewise republican senator, marco rubio is bringing rosa maria paya daughter of a cuban

dissident killed under suspicious circumstances a year ago. to kick off the first round of normalization talks with the castro regime a delegation led by a top state department official will arrive on cuban soil. the executive branch can control whether and when an embassy is open in havana and whether cuba is kept on or taken off the list of nations that sponsor terrorism, only congress can overturn other major parts of cuban policy, such as full lifting of travel and trade restrictions. the professor that is coought "thor" of new book, back channel to cuba hidden negotiations between washington and havana. in a recent edition of the foxhole, he says this will be run into trouble with gop congress especially from senator rubio, robert menendez both members of the foreign relations committee. jon: james rosen, thank you. jenna: here are brand new stories we're working on for the

second hour of "happening now." a series of anti-terror raids as forces seek to knock down terror cells across europe. a crash shutting down a major interstate causing a highway overpass to collapse.

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jon: we'll be back with more in one hour. jenna: "outnumbered" starts now. ♪ >> this is "outnumbered." i'm andrea tantaros and here with us today harris faulkner, from our sister network fox business's kennedy, also from fbn, host of "money" with melissa francis, melissa francis is here and today's #oneluckyguy is back former massachusetts senator and fox news contributor, scott brown. he is back and outnumbered. >> did you see his tie? look at that. >> why are you excited about that? >> take it back. >> going with a winner. >> because that is ugly? >> your team won. >> pretty good -- >> nfl is investigating those