luck. >> and you know i will give you. that and stay with us on outnumbered on the web. back on tv at tomorrow noon eastern and "happening now" starting right now. >> a fox news alert. the justice department revealed that two yemeni nationals were consphired with consphiring to murder americans overseas. the country is in chaos. and the rebels are are raiding the presidential palace and the situation there is an all out coup. there have been no change of insecurity for our embassy there. >> president obama hours away from the state of the union address. raising taxes on the rich and fuel tax cuts for the middle-class and poor.

and a move the republicans say it defiant. and how will america react? >> and plus. >> the chilling moments of the deadly midnight theater shooting front and center in a colorado courtroom. >> people are running out of the theater and shot. >> will the jury decide life or death for a man who rained hail of gunfire on dozens. >> and a tragedy. i thought that somebody in the house would have gone into my house with a car. >> an overpass killing one and what went terribly wrong? it is all "happening now". but we begin with president obama preparing to face the new republican led congress for the first timem2b second hour of "happening now".

i am jon scott. >> i am jenna lee, this is the big night in washington and hours from now the president will deliver his state of the union address and after a historic defeat with the democrats, the president will spend money on education. and he pushes for on the domestic front. and the big news today. ed henry is live with more on the white house lawn. the white house feels that the president can go on the offense tonight, why? >> reporter: they see a recovering economy and i am told that they tried to select january 20th because it is the anniversary of the president's very first inaugural and he's going to try to make the case that he was handed a tough deck and he's turned this around and that hand. and basically now seeing an economy that is coming back, it

has been slow and making progress and that's why we are seeing him double down on the talk of income inquality and redistributing wealth and tax increases on the wealthy and that's what joshernest said this morning on fox news listen. >> our economy is demonstrating resilience and that createses an opportunity to focus on policies that benefit the middle-class. the president thinks by doing that we can grow the economy. >> reporter: notice what they are not talking about. the terrorist threats particularly to the american home land and in addition to the reports we are getting this morning and in the early afternoon about a likely coup in!,4 yemen. remember a few months ago, the president and his aides held up yemen as a success story on the counter terror efforts and that has fallen apart as is the

president's claim that al-qaeda is on the run. they want to talk about the economy and not national security. jenna. >> we'll speak to a reporter in the capitol there it to find out what is happening. republicans say the agenda that the president is putting forward is going no where fast. what can you tell us about that? >> reporter: remember what the president said before the midterms. i may the not be on the ballot but all of the policies are on the ballot such as tax hikes on the wealthy which he is pushing. and the republicans like marsha black did the burns said the president and democrat lost that election. and the president will talk a lot but not get it done. listen. >> the president is trying to tune-up his version of that old bj thomas somebody done somebody wrong song and it is someone

else's fault and the american people are not listening to it and don't agree. >> reporter: she is talking about wealth redistribution and something that the republicans pushed back on. and what the president is doing and knowing that the agenda will not get through the republican congress and set up his legacy for his final two years and beyond. jenna. >> do you get to go inside for the state of the union? >> i think by tonight with brett, it will be chilly. >> i know he makes you stand outside for a long time. thank you. >> fox news is your destination for the full coverage and announcement of the president's state of the union. it starts with bret baier and ed henley on the lawn.

we'll have it tonight. and senators rand paul and ted cruz will join megyn live with their reaction to the president's speech. we look forward to that. >> income inequality. the gap widening since the $0.19 and the white house said the president's proposal to raise taxes on the rich to help pay for the poor. >> and edrollins former national campaign director for 1984 run for president reagan. both of them are fox news contributors. and i want to read something that chris stirehwall put on line. not only will it not pass a republican congress, it wouldn't have passed the

democratic congress. it was rejected by democrats and others he would not have proposed for fear of proposing a difficult approach. increase in death fax and the headlines are delicious but the proposals are all empty calories. they are not popular in his party, do you agree with that, joe? >> to some extent chris is right. a lot of these policies wouldn't have been put forth because the president didn't want to put the democrats that are standing in the tough senate races. they lost anyway, so that maybe he is have tried them then. but the american people, i think are looking for policys that are going to help the middle class out and that's why mitt romney is talking about you know, he

would position himself to end poverty and the incomegjx inequality has been real for sometime and it is getting worse and the president is getting on the offensive i think to do middle-class out and not tricken down. and that is his message tonight i think. >> ed do you agree with what chris has to say about the president and the proposals not getting democrat support. >> it didn't get democrat support otherwise he would have done them. >> why now? >> he is trying to polarize the country and basically into us against you. and that's always the strategy. that is the rhetoric he gave. rich make too much and poor people not enough. and it is the robin hood policy. what people forget, he gave a dramatic increase in taxes

after he got reelected and restored the bush tax cuts and they are paying high amount of taxes and in the end of the day we need tax reform in a comprehensive package and not just taking from one and giving to the other. we have the highest taxes for corporate. and it is all rhetoric and going to go no where. it is dead on arrival. >> that is one of the issues that republicans are complaining about. we want to reform individual taxes and reform corporate taxes and the white house has just rolled a grenade in the at the present time by bringing out this proposal right now. >> look, i think one of the more interesting things post election, i think people" that the president would step back and instead he's gone on the offensive not just with cuba and a number of issues in the state of the union address. he clearly intends to go on the

offensive again and to put his idea of the middle-class economics versus trickle down economics. we saw wall street and records that we have seen you know in the dow jones industrial average and all of that stuff. everybody saw recovereds get set on the dow, but the middle-class are dribbling down. the biggest thing is showing he will go on the offensive in the last two years and i didn't expect and most pundits that didn't expect. >> republicans said you boost invest tax and capitol gains you get less investment jobs. >> obviously the president wants to shadowbox himself up in the west wing of the white house somewhere. but in the end of the day, if he wants to engage republicans who

have the majority: he is not giving a serious proposal. it is a big increase in spending which is ridiculous and doing opposite of what the country wanted in a election that repudiated him just a few weeks ago. thanks. >> thanks jon. >> right now the government of japan will not give in to terrorist or terrorism. their prime minister calling the terrorist calls for killing hostages unforgivable. they are killing the two men unless a huge cash ransome is paid in 24 hours. jennifer griffin has more on this. >> reporter: isis is calling for 200 million in ransom to pair the lives of these two men.

one went to train syrian mill tans to fight the assad regime. and a video grapper who reported on children in war zones, he knew him and went to syria to bring his friend home safely. the $200 million is the amount that they pledge to combat isis and japan prime minister said i will take the lead and as a whole the japanese government will deal with this case putting people's lives first. the hostage taker sounds like the same one. and the video surfaced while the japanese prime minister was on a tour of the middle east. and here's what president obama and what he said about iraq. >> reporter: the united states is more secure and when i took

office 180000 americans were serve nothing iraqqby and in afghanistan. today, all of our troops are out of iraq. >> reporter: today there are 3200 u.s. troops back in iraq and more on the way to it the region. the pentagon said 1000 will be sent to train the the syrian region in saudi arabia and turkey and qatar. that will not start until the spring. and canadian special forces cameurn fire in iraq and the first western forces to find themselves in fire fights on the ground jenna. >> and raising the terrorist level from police from medium to high. there was an intelience review and the recent targeting of police overseas. >> thisypy/ç heightened alert level follows the general threat environment and recent events

overseas and in australia and seen police specifically targeted by extremist. this change is an appropriate and indeed expected outcome of the count global environment. >> australian authorities stress there is no specific threat against the police there. >> the investigation of the suspected islamic terrorist cell is growing. officers raided 1300 homes in germany. and after the arrest, two terrorist there. >> how is it coming together? we'll get insights and we want to hear from you andkhhnjat you want to hear from the president in the live state of the union address. go to fox news.com/"happening now" now and click on america's asking to join in the conversation. my sister had to come help. i don't like asking for help.

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away from the state of the union kraesz. president obama plans to use his state of the union address on tuesday night the to effectively declare victory over the economic hard times that dominated his six years in office. and advocate using the nation's healthier finances to tackle education and income inequality. how does the presentation come together and who makes the major decisions on how those ideas are presented to the american people? joining us is paul who was a former policy speecher. and mary ker former speech writer for president bush. nice to have you. and paul this is the bane of the existence of a speech writer. >> one thing every speech writer has in common in the administration, is an agreement that we will get rid of the

laundry list in the state union and no one suck soweds. you set out that way and never happens and in part, this is one time each year that the president has an unfiltered audience and a shrinking audience to speak to thegvhpp american people. speech writers don't decide what is in and out. it involves cabinet agencies and a lot of policy experts and reach out to ceo's and the address comes together as a really sausage making that hopefully holds together and doesn't kill the chief spreech writer. >> it sounds like it. the speech writer talks about days on in and starring at blank computer screens and he resorted to single malt scotch whiskey. >> i would highly recommend it.

>> and is this about, how much of the speech is about the words that are written or how they are delivered. we know who is delivering it and we have seen the president speak. what do you think? >> in the past, the speech was seen as a legislative blue print of the next years worth of legislation will be. and the obama white house made this clear it is a political statement and a sort of mood setter. and i would disgre with that strategy. i think it is very important to say what you are for and proposing and the tone, tonight i think it is crucial because there are policies that the president is proposing that could have common ground with the republicans in the house especially and yet he's using the words of offensive and i want them on the defensive and i don't think that is smart for his legacy or legislative

accomplishments as he is looking at the end of his administration. the most important thing for him to worry about is his legacy and he needs republicans to join and not alienated and angry. >> i have to take a quick commercial break but i have a question for you to answer. how dow write a speech on policies you may disagree with and you have to put forth a great message and you don't agree with that message. i have to take a commercial break and we'll be right back with your speech writer panel after the break. sound good? great. because you're not you you're a whole airline... and it's not a ticket you're upgrading it's your entire operations, from domestic to international... which means you need help from a whole team of advisors. from workforce strategies to tech solutions and a thousand other things. so you call pwc. the right people to get the extraordinary done.

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>> we have paul and mary kate who worked with the clinton and bush administration

respectively. the speech writer and cody keenan. and his resume has a lot of time in democrat circles and i am curious what you would do paul and your thoughts and mary kates how you portray an idea that you feel is not the right one? >> that is part and parcel of the speech writing presenting your opponent's argument without prejudu argue it if you were a supporter of this? and we do that in everything do. code's challenge, i worked for a president who loved the state of the union and he explained what he was up to. and we have had two administrations, eight year record of a republican administration and their economy and now six years of a democrat. and the reason that the president's poll numbers went up in nine points, people are

feeling like the economy is back on track. not for everybody and not as far as we wanted it to be. if this was a republican president giving the address, we might have people talking about mourning in america. but we have unmet needs. the middle-class hasn't shared in the benefits as widely. and to this being a challenge to the republicans, we know divided government is about compromise. and tonight is setting out sort of the case for what we believe and what has led to the best job growth of the last three decades. we are laying out the case and the president is laying out the case tonight. and there's no question that it is going to go through compromise in the next two years. >> you have to think of what the opponents are saying and argue that point and map out where you are going and take the driver's seat for the state of the union. mary kate, how would you go

about it if the administration said this is what we want and this is your proposal. are like it is not the way to go and how do you approach it? >> this is why republicans write for republicans and democrats for democrats tis unusual to have something that you disagree with what your boss is saying or you wouldn't work for him. in all speeches domestic and political speeches when i was there. and you are always looking for the independent voters who are listening to the message. no republican or democrat can win just with republican or democratic votes. you have to win the independents in the middle and you enter in your persuasive writing strategy with how will i win over independent voters and that helps a lot if you have the mind set of if i support it or not. think of somebody in the audience that way and what is the best argument to win the

voter over. and that's what obama's job is tonight. he is sticking with things that are popular with the base and i think he is talk about the independents and the republicans that are willing to come over. >> that gives us something to watch for tonight. is the president going to speak just to his base or the independents. and how that can set up the parties in 2016. great to have you both and thank you so much for the time. >> a deadly accident shutting down a major interstate in southern ohio after a highway overpass crashes down. and killing a construction worker and a truck driver to the hospital. >> state transportation officials say it was supposed to

be a routine operation and done many times before. 10:30 last night crews were in the process of taking the bridge apart and using heavy equipment when all of the sudden, the entire overpass collapsed and sending several hundred tons of concrete and construction in the path of oncoming traffic. a6%p includeing a senly truck. it smashed the front of the cab but the driver was taken to the hospital with minor injuries. neighbors say they could feel the ground shake when the bridge collapsed. >> the whole house went v. a. vavoom. and i was cleaning up the kitchen and we heard a noise and the building shook. i thought somebody ran into our house with a car. it was unbelievable and scary at the time. i didn't know what was going on.

it woke my children out of bed. >> not something you hear of every day. >> several investigations are underway to find out what happened. and one construction worker was killed in the crash but it could have been worse because more than 200000 cars driver under that overpass every day. >> garrett, thank you. >> new terrorism concerns in europe after a series of raids and new arrests. we are live in london with the latest. >> and he risked his life to save a wounded navy seal and now getting death threats. and three years after a deadly movie massacre the trial for an accused gunman is under way. >> we rescued in the auditorium multiple victims. you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your

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>> a fox news alert and new information on a breaking news story that we brought you in the first hour of "happening now". a rs$çshooting inside of a brigam's women's hospital. here's what we know. a suspect took his own life after targeting a doctor in the cardiovascular center. the doctor is in serious condition and police are searching for the motive in this one. we'll keep an eye on this developing story out of boston.

>> terrorism raids in germany. police raiding 13% homes and two suspected members of a terrorist cell there. and five new arrests in france including a suspect with a cache of explosives. what can you tell us about the arrest. >> reporter: jenna, a lot going on and police trying to achieve a few things and find out anyone who is connected to the terrorist attacks and eliminate threat from extremist andj7fñ crack down on any terrorist cells that may be operate nothing europe. today they arrested five checa ns in the south of france. they are not linked to terrorism but found explosive when they were detained and in paris four men appeared in court to face charges of the links to the gunman who carried out the supermarket siege in paris.

and the men in court are expected of finding him logistical support. there were new raids in germany in the capitol of berlin and south of the country andç a number of buildings searchedq cl-hc% by police. and all of this is linked to the arrest in germany last week. those suspects are thought to be belonging to a extremist group that is connected to extremist in syria they are not linked to the paris attacks and no indication that an incident was imminent. crack downs are across europe. last week they wanted to extra died an algerian man that is connected to it that cell and a frenchman will 0yed extradited from bulgarria and suspected of being linked to the terrorist in the chary hebdo attack.

>> there is a hero from the supermarket in that particular attack and he was honored in paris. what can you tell us about that? >> reporter: that's right, if you remember jenna this was a man who happen to be in the basement of the supermarket when the gunman burst in and he was able to hide a number of people in a freezer including a two-year-old child. he was able to escape himself and provide police with vital information. he is a muslim immigrant and he's been trying to get french citizenship for many years and now the government granted him citizenship in a special ceremony in recognition for his bravery and quick- thinking on that day. there is one positive story out of this. thank you very >> john. and jury selection is underway two and half years after the

massacre in a colorado movie thethe atter. james holmes stormed a midnight showing of the 2012 batman movie and opened fire are killing 12 and injuring dozens more. he pled not guilty by reason of insanity. and thousands of people are in the jury pool to decide if he was insane and whether he is live die. doug burns is a former prosecutor and elist wheels a fox news analyst. he admitted thewóm=w crime and so what is juriy pool about? >> the insanity defense. he will plead to life without parole and the prosecutor said no way. we want a jury pool that is death qualified and if you are found guilty that you will be put on the death penalty. only question is the insanity defense. >> there must be family members

that want the death penalty in this case? >> that is a great question and observation. it is a mixed group some family members are saying, they want closure and not revisit the5ú horror and go through it all again. and that would be in favor of pleading him out. and however you can't critize or second guess the prosecutor and with this level of a horrific crime it is hard. sf and one last point, you can't get the death penalty if you are found insane. >> it is unusual in colorado as other states, the prosecutor has a burden of proving he was not insane as opposed to many states the defendant proving he was insane. >> you mentioned something but look atssñ the planning that went into this. and his apartment wired with tripwires and fuel canisters and things like that. >> we said when we first covered

the story and talking about this, with that level of detailed planning you are right. the main argument against insanity. he had the where with all to do all that. it is unfortunate. why again, go through all of the pain and horror, but again this does merit the death penalty. >> if you are going to have a death penalty this is the kind of case you have to trçhy for it as a matter of justice. and the other thing of knowing right from wrong. remember after all of this happen and the cops arrest him and he said don't go in there. why, it was booby trapped and he thought it there is a lot of people dead and i don't want more people dead. and to me, i know what was in the apartment and i know right from wrong. >> you go back to the inchingley shooting of president reagan. >> he pled guilty by reason of

insanity. >> there was a frentic talk of the insanity defense. it is a difficult case and it is going to be an uphill balth. >> and the prosecution is going to show pictures and all of the grusome details. >> 9000 potential jurors. >> put it in perspective. 9000 here and 300 jurors in boston bombing case and a thousand in the o.j. simpson trial. 9000 is a staggering figure. >> but they are talking about here we are in january. they are talking about testimony not beginning until may. >> it will go on for a long time. >> and trial lasting 3- 5 months. everybody knows he did it. >> on many levels it is a waste of resources and there is tension in the box.

how can the prosecutor walk away from the death penalty and if enough victim's families say walk away. >> it is a between insanity defense and death penalty. >> it will be a wild one. >> jenna? >> and a possible coup in the works in yemen. we'll take you to the cant cat of that country for the latest from there. and a star athlete is a hero off of the football field. putting his talents to work after a car wreck. >> they asked him to hold the door. and it was on the side. as most people realize he is a large man and reached in the vehicle and scooped the woman right out of the vehicle.

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>> hi, everyone. i am gretchen carlsson. giving the g.o.p. reboughtal tonight. who is the voigz star of the

gop? it is the state of the union and what about the spiritual state of the union should we be talking about that tonight. >> and breaking news about a brooklyn man sentenced for providing materials to al-qaeda. this as an al-qaeda operator freed early and going back to qatar. why? find out. nhours after winning the team win a ng samaritan. vince was on the way home after the blow out against the colt. he came across a car wreck. he reached in and plucked her out with one hand. >> in the 20 years in the state police. i have seen a few famous people and athletes that stopped for things on the road and whether an accident or assisting in some

way and it is a great thing. >> he said he was trying to help out. and his coach praised him for his character and integrity. >> warnings that an all out coup is underway in yemen. rebels reportedly began to shell the president's home and raided the presidential palace. our char lean rodriguez joins us live from yemen. can you tell us what is happening on the streets of the capitol today? >> well, after a ceasefire yesterday, it all seems to have collapsed today. and it is yemen is under attack on 60th street. and this is around 3 o'clock p.m. and the two soldiers in the house were killed. and you know gunfire resumed

and there was conflicting reports after the the next 2 or 3 hours after it had stopped or not. and since then people were advised not to leave their homes the streets were -- it is especially after the kidnap after the president's aide, and they say what triggered it all the fact that president gave orders of the army to take over the security of the capitol. and you know the aide was not released yet. and yesterday, they are denying the 49 people had died and 67 injured. many suspect the numbers have gone up today. >> who are the rebels that are challenging the president? >> reporter: well, they say are shiit rebels and originate from

the ideology of teheran. and they are trying to enforce that on to the people of yemen. you know every since they took over the capitol in september, they go over the government schools and hospitals and taking over the presidential palace was ultimately the final straw. it is a big question here in f yemen, who is really in charge? who is in charge in yemen? >> and how does that make you feel as someone who is living there? you are obviously working and we are grateful for but house dangerous is it for you? >> reporter: i came here and you know i also write for the other print. and i am all right when i

arrived here six and sen months ago. and i would be lying now if i didn't say i wasn't walking on egg shells. there is a on top of the building, yes, the security has been-even on one or two occasions i have been out around 8:30 or 9:00 relatively early but yemeni people themselves, who usually reassure me don't worry, it's all fine, they tell me to go home now because they say in case anything happens there is no law, there is no ---it's completely lyly lawless. >> that's really the headline completely lawless there in yemen. we look forward to having you back and wish you well. thank you very much.

>> a lot of courage on her part. very rough morning on wall street as the dow opens another day in red. plus caught on video the terrifying moment, the semitractor trailer spins out of control. slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole

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appeared. >> after ending last week on a slight uptick, amid some mixed earnings reports. from our sister networks fox business networks. >> no doubt, john you're absolutely right we have had three weeks of losses, you mentioned friday, that was a winning day indeed however, for three weeks, we're down to 540 points, today to the down side, we're down 615 point ss in these three weeks. you mentioned that morgan stanley came under some pressure, missing its numbers like some of the other financials, oil is a big, big story, we know that it's down from its june highs, and while we love the lower gasoline prices hovering around $2 a gallon. but the imf's global growth picture is worrisome and oil is

supposed to be a bell weather, it's really supposed to give you the economic conditions. and you'll see demand for oil on one hand. stock market winners, up 17%, they see some demand going forward, and a new high and delta and american express those are new winners. so mixed bag here, down 77, back to you. >> nicole, thank you. do not miss nicole on fox business network, and if you're not sure where to find it, go to foxbusiness foxbusinessnews.com. listen up... i'm reworking the menu. veggies you're cool... mayo, corn dogs...you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active.

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ticket. it's the i-hart-bacon. it features a $1,000 grand prize. thanks, everybody, have a great day. a brooklyn man providing significant support to al qaeda here in the united states, it's breaking right now, this as an chooid operative who's been held in a u.s. prison since 911, freed early, now going back to the zbuter.é=ç joey earnest will give the -- who is this rising star. so tonight is the big night, president