is important investigation. our senior producer and line producer and everybody in the booth are from massachusetts. so there you g. right here for out numbered. gen and john, "happening now". >> we start out with a fox news alert. the white house responding after house speaker boehner invites netanyahu to talk to congress. >> he invited him to talk about the threat posed by iran. the unhappy white house calls boehner's invitation a breach of protocol. we are covering all of the news "happening now". >> we are a economy where only a few of us are wealthy. >> president obama hitting income inequality head-on. and that is chances for everyone making the effort.

>> that is sewn fuelling fire from the right. and should the wealthy be forced to pay what the president determines is their fair share? >> plus a mexican teen killed on the u.s. border. and the border patrol agent said he fired in self defense. the mexican government is appealing to the u.s. to allow the family to sue. >> my kids are all vaccinated. measle outbreak growing in numbers. >> people need to protect their kids. >> and now raising new questions about vaccinations and it is all "happening now". ♪ we begin this hour with the president warning republicans he will veto any attempt to stop his agenda. >> and i am jenna lee.

>> and i am jon scott. the president doubling down on tax increases. the president called for bold initiatives that will help the middle-class and among his proposals raising the capital gains. and making tax money and first two years of community college free. and now the president is hitting the road to try to sell the ideas in republicanitates as new reaction comes in from gop leadership. we have chief congressional correspondent mark emmanuel on capitol hill and edhenry on the north lawn. the president struck a partisan tone at times? >> reporter: no doubt. i have covered a lot of these. and traditionally the president will throw a lot of red meat that gets his party standing up and applauding and other parts

you reach across the aisle and last night what struck me time after time it, it almost became a liberal pep rally and it raises questions of what message the president took out of the midterms where the republicans won and there were more republicans in the chamber last night than the last state of the union. but val row jar ed said don't judge it too early. she believes there is a lot of the policy that the gop leaders can embrace. >> many of the proposals that the president put forth are embraced and not say they are dead on arrival because they came out of the president's mouth. >> reporter: they are hopeful on the broader tax reform they will get republican support. immediately after the speech progressive groups came out and thought that the president did a great job because he looked

like liberal senator elizabeth warren. >> what about what the president did not mention al-qaeda? >> reporter: you have key committee chairman saying that the problem is the president didn't want to acknowledge that the terror threat is still out there. listen. >> he didn't mention al-qaeda in the araban peninsula behind the paris attack and talked about shutting down guantanamo. and the fact of the matter the head of uto in guantanamo was a git me detainey and he defines the reality of the threats as it relates to radical islamist extremism and that is a dangerous policy. >> reporter: val row jared said

the president has no higher responsibility than protecting the nation and on top of the ongoing terror threat. he didn't mention the phrase al-qaeda remember he had said al-qaeda was on the run, now, not so much. >> it doesn't seem that way. ed henry thank you. >> republicans are not the only ones raising objection to the president's state of the union. some in the president's own party are in a tough spot. our chief congressional correspond an mike emmanuel has more on this. >> reporter: jenna, a couple of issues that gave democrats heart burn was the authorization of military force gains isis and the president's request for the power to negotiate trade deal ands get them through congress quickly. >> the trade deals get reached and signed but those trading partners never live up to enforcing the bargain. those in congress are looking

for the definition and it is the not open ended. and i think for the dignity of the congress it is our responsibility and we need to hold a vote on this. >> reporter: the president will get plenty of republican support but he would like democratic backing as well, jenna. >> i would like to ask you about the lead of the show, 12 hours after the state of the union the speaker took an unusual step in inviting a world leader tell us about this? >> reporter: totally unprecedented and house speaker john boehner invited israeli prime minister benjamin netanyahu to address joint congress. boehner made clear he wants law makers to hear from a very close ally. >> i did not with the white house. the congress can make this decision on its own and i don't believe i am poking anyone in

the eye. there is a serious threat that exist in the world and the president last night papered over it. >> reporter: the white house said they would reserve judgment until they had an opportunity to speak to netanyahu about the visit. >> the next meeting with the iran nuclear negotiation is in march and the white house doesn't want to push the legislation for the iranian sanctions until after that meeting and having netanyahu speak in february is interesting timing. >> reporter: the president said it could jeopardize the critical talks. >> thank you. >> president obama laid out a tax and spend agenda and proposing to raise taxes on the wealthy in order to spend or fund new spending programs. but one thing not mentioned in

the speech is our soaring national debt. joining us is the senior writer for the weekly standard and writer for the daily beast. why no mention of it? >> from the president he wanted to it get his priorities out there and rally the base. if you want more subsidicize it and less of something you tax it. and so the president decided to tax saving and college saving and investment and paying for community college grants for people and expand tax credits for day care and families with two income earners and some republicans and some object to that and saying it is not fair where the the mother stays home, you can expand the child tax

credit but the president doesn't seem interested. he is interested in getting both parties out in the work force. >> i have been be fascinated on the tax on the 529 plans. why is the white house stressed to get americans educated for the 21st century jobs and so forth, why would you tax college savings plans? >> they are boilerplate liberal type proposal and it was designed to really the base. all of these tax policies were a hail mary. he still has a republican congress to get it through. >> one of the members of the republican congress is texas senator john cornyn and he had thoughts about the speech. >> just a couple of months ago, the president said policies were on the ballot and they were rejected and the american people know better and this kind of spend and cheerleading is ignoring the fact that wages

have been flat because the economy has not grown and in large part policies of the president. and you know, it seems like he's doubling down and trying to take us in the direction of europe than economic growth and prosperity for all. >> to hear the president last night, john you would have thought we were in the middle of boom time. >> it was everything is awesome speech, foreign policy and domestic policy things couldn't get better. i had to ask myself. why is the president bringing up the plans now when there is a republican congress and senate and house and not when the democrats had 60 seats and an overwhelming majority in the house? some of the plans couldn't have made it through that democratic of a congress and this is a political pasturing and not a plan. he is rallying up the base. and giving the democrats something good to run on. >> valerie jared who may be the

president's top policy advisor spoke to fox and friends and talk about the need for paid sick leave. listen to this. >> you need to be looking at what it takes to support a 21st century worker in the work place and employers who understand the importance of raising the minimum wage and paycheck fairness and work place flexibility and paid sick leave. 43 million americans don't get a single day of sick time. employer ares recognize the importance of that and invest in their employees, they are more productive and companies are more prfrtable and that's what the president is trying to drive. >> a bunch of great sounding platitudes. if i am an employer do i need the federal government to tell me i need to give paid sick leave to my employees? >> fufavor the republican plan no, you don't. they are aimed in the

middle-class and that's what you hear democrats talking about. and republicans talking about. but the prescription is different. >> john, it would seem if you can improve the employment situation that is dismal in this country, you would take care of the problems and the rising tide lifts all boats as it is said and it is ponented out we have a huge deficit problem and the government took in record tax revenues and there is a lot of issues that were not addressed in this speech. >> i think middle-class families care more about the situation of buying groceries and pay the bills as to whether or not the rich or getting richer. the rising tide lifts all boats and the the middle-class doesn't care. the president acknowledged the capitol gains tax would not increase the ref new.

he was asked when the capitol tax gain go up it was revenue was cut. the president responded it was about fairness. people are concerned about how much money they take home than the rich fairness. >> and john and jackie thank you both. >> thank you. >> we want to hear from you. do you think that president obama's proposal can boost the middle class. go to fox news.com click on america's asking. >> another big story in yemen. a day after rebels storm the presidential palace, the president is there protecting his home but not under house arrest. the rebels accusing the

president of working with al-qaeda. we have more from leland viter. >> reporter: for years yemen has been on the brink of civil war and a failed state. but the president there is seen as a u.s. ally on the war on terror. yemenese rebels said it is dominant in the capitol. it doesn't appear to be a full coup. the pentagon moved military assets around yemen including two navy ships. and on them marines conceivably they could beoused to help evacuate the u.s. embassy if the security situation deteriorates. and one question mark what will the yemen military do? the rebels are reported to have taken one base. >> france is not taking any chances. what that country is doing to

secure itself in the wake of this month's deadly terrorist attacks.

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>> an update to a story that is breaking on "happening now". and a shooting inside of a boston hospital the doctor died. dr. michael davidson was shot outside of a examine room in the hospital. the shooter walked in the hospital and asked specifically for the doctor by name and firing at the doctor twice before turning the gun on himself. police are not releasing a motive only saying that davidson operated on the suspect's mother who died in november. >> france's prime minister is stepping up security in a big way and planning to hire more than 2500 counter terrorism officers as part of a 500 million effort to combat terrorism. french police charge four more men in this month's deadly

terrorist attacks. kitty? >> the french government wants to step up the efforts to crack down on the terrorist attacks it faces. and the french prime minister announced plans to emprove security and monitor potential terrorist suspects. the government will be giving police better weapons and protection and hiring 200000 counter terrorism officers and half of them will be intelligence staff. france needs to monitor 3000 people which is a huge task. authorities want to create a better database and increase surveillance on phones and all of this costing 500 million over the next few years and in belgium, the hunt for members of the jihadi group and arrested a fifth suspect linked to a major terrorist cell there and

three men detained in last week's aid are remanded in custody after appearing in a heavily guarded brussels court. the city of paris is on high alert and soldiers guarding key buildings and transport such as the paris metro. and thousands are helping to beef up security. it will take time for the measures to take act. and prime minister said france is in it for the long haul. nclearly a country rattled by the events. >> the u.s. oil industry adding thousands of jobs. and now that same industry is talking about lay offs. and plus, two buses collide in rush hour and leaving the shattered glass and sending two dozen people to the hospital. where this happen, next. for over 19 million people. [ alex

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>> more than two dozen people sent to the hospital after two buses collide in rush hour traffic in baltimore this morning. one of the bus was full of commuters and the other carrying disabled people. it is not clear at all what caused the crash. >> has the price of gas and oil bottomed out? the iraqi prime minister said global oil prices will not fall much further. oil prices have fallen 50 percent since june and even while big oil or big oil companies added 12000 jobs last year. and now many american oil companies and related industries are talking about layoffs. what is the impact here? adam is here with that. what are the real numbers?

>> i am going to give you the numbers. imagine you are standing on a beach and huge wave come over and it crested and the lay offs are coming. and first of all, what is happening in the oil sector. 10080 rigs are i'dled and these numbers were crunched by jeff who is an investor and does a news letter and he went on to say. we have 61 rigs that are idled this month and roughly 50 people per rig and the salaries, we have 111000 for a average oil worker in a place like north dakota. we crunched the numbers here, too, in fox business. 20000 lay offs announced in the oil and gas sector and they haven't all started to happen yet. u.s. stole announced lay offs that take place in march. even the businesses that are tied to the oil and gas will see

ramifications. lumber jay. and hal burton. and apache field. and baker hughes. sen thousand people. that is 11 percent of the work force globally to be laid-off. jenna and jon, it is amazing when we think about this and we continued to hire in 2014. think of that wave about to crash and it is 25000 people and growing. >> the president talks about the job growth and the state of the union and a lot has to do with the jobs in this industry. >> we'll have big lay offs and the dallas federal reserve in texas alone with all of the jobs related to the oil industry, you could see 140000 people unmuched. >> and we'll see evident of that in the jobless claims. adam nice to have you on set. don't miss adam on the fox business network. go to fox business.comslash

channel finder. >> just when it feels like we were climbing out of the recession. middle class are not seeing a rise in income. president obama said it is time for americans to do their fair share. a new debate on what is fair. you followed the rules and vaccinated your kids for measles. what if your child's classmate did not get the measles shot? how to combat the highly contagious disease. are you sure you're not ignoring them in your body? even if you're treating your crohn's disease or ulcerative colitis an occasional flare may be a sign of damaging inflammation. and if you ignore the signs, the more debilitating your symptoms could become. learn more about the role damaging inflammation may be playing in your symptoms with the expert advice tool at crohnsandcolitis.com. and then

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>> during the state of the union. president obama said americans need to do our fair share and what is really a fair share? and how much should people pay in taxes. william is live in los angeles with more on those questions, william? >> reporter: well john any debate about tax policy comes down to one number. how much of what americans earn should go to the government. we asked 35 people in five cities? >> a fair rate is 20 percent. >> you think 20 percent. >> that is fair. >> five percent and 20 percent. i think that is more than sufficient. >> 40 percent? >> five percent is the share for taxes. >> 15- 25 percent. >> so taxpayers currently pay.

payroll and state and income three percent for low income and 14 percent for middle-class and 33 percent at the top. and should the rich pay more? >> wealthier people karened it and it is not fair that they are taxed more. it should be equal. >> and take it from the ones that have it and give it to the ones that need it. >> fair tax and making it so everyone is on the equal playing. >> i don't know what fair is. >> middle class pays too many taxes and top five percent doesn't pay enough? >> and for the president's plan to raise the estate tax many disagree. and saying that money should not be taxed twice. >> no especially because it is taxed one and then you tax me again. and that is another way for the government to get money. >> it should be tax free. >> the estate is part of what

the family invested in and only fair to keep that. >> it is their money and if they want to give it to their grandchildren that is nothing to do with the government. >> bottom line, income inquality may be the 2016 campaign issue. john. very people we spoke to had soak the rich mentality. nwilliam thank you. >> epidemic of measles in the disny park seems to be growing. we learned five employees were infected and a school sent 200 children home because they are not vaccinated against measles. and are the children putting everybody at risk. we have a doctor that is a infectious specialist and dr. darra is a doctor in emory hospital and national spokes person for the college of

emergency physicians and dr. manny alvarez. senior editor. and dr. manny, start with you. the majority of people in america vaccinate their children. what is the risk of 1 or 2 children not vaccinated in a classroom or birthday party? >> the main concern is the tren in communities where parents are choosing not to vaccinate the kids and in the end of the day, the measle vaccine the community needs to be vaccinated over 90 percent and pockets now and dozens of children that do not get vaccinated put themselves at risk and the community at risk. >> doctor, how vigilant do parents have to be. if your child is vaccinated but not through all of them what do you do if a family member is not vaccinating their kids. >> the attack rate is 95

percent. you are exposed you have a 75 percent chance to 95 percent yourself. measle droplets can last in the air for hours and if your child has not gotten the 12 month and four year for measles, you have to keep them away from anyone who has it. and that is impossible to do. >> it certainly is even if we are vaccinated from measles we can get sick from the people carrying the disease? >> that is true no vaccine is 100 percentective and when you vaccinate yourself you are the not only protecting yourself but everyone else around you and the neighbors and classmates and those people who may not be able to get the vaccine due to medical conditions. there is a lot of people whose immune systems were not good and on chemo therapy or they have cancer and they are depending on us to be vaccinated and act as i

shield to prevent them from getting the disease. it is it important for us to do that. >> doctor, i know parents, 5 or 10 years, there is a wave of parents deciding not to vaccinate their kids and now some of them their kids are 5, 6 or sen and deciding, i want to vaccinate my children. how long is it until they are considered "safe" from the disease. >> when you get a vaccine, what you are trying to do is generate antibodies and that is what protect you from getting the disease and prevent you from acquiring and spreading that disease. when you get a vaccine like the measles shot it is 2 or 3 weeks before you see the generation of protection. and so if you get vaccinated now, your protection will be be in a month or so. >> there is a broader question for all of you doctors, because

as i mentioned most americans are vaccinating the kids and that is the portion of the americans that are our viewers. there is a question and about you know personal liberty and having a choice to make choices for your children and also with good for the community. if your child is in the public parks or schools. states have different regulations for giving wafers. is there a federal regoulgz to say if your kid is in public areas they have to be vaccinated because of the return of the measles. >> vaccine have from vented millions of children from dying. if we get in the philosophical argument of vaccines save or not, they are safe. for parents not to vaccinate their children they are putting

their children at risk for something major happening. if this is the trend that many communities are going to have for opting out because of the weird belief and i say weird, because it is weird to me they are not protecting their children maybe we need a federal man date. >> doctor, what do you think? >> i see many children with illnesses that can be prevented. but measles is so dangerous and contagious. it goes from being a personal decision to a public hazard if you are not vaccinating your child. >> if you look at the paths, and when we began with the smallpox vaccination and there were man dates regarding the early uses of vaccines and now it is a state run issue. i certainly believe if we see the trends that we are seeing with measles and whopping cough we will need something from the

top down to make sure that everyone stays vaccinated. but it starts with education and good discussion between yourself and the the pediatrician. >> should parents ask about other kids in the class that are not vaccinated or access to the information to know if their children are the at risk? >> unfortunately public records are not available and what kid is sick in your school you will not get that information and parents don't get that information because schools don't disclose what kids went home with the measles. and you are left in the dark, but every community and ptan and things like that should give ideas of the problems they are having in the local school systems. >> dr. manny, i have to bring my little boy, in for a vaccine. it is hard for me to watch the shots for sure but you want to

do what is good for your children and try the best you can. we are all trying to do the best we can. appreciate it. >> thank you, take care. >> and u.s. appeals court considering a lawsuit for the second time over the death of a 15-year-old mexican boyand patrol agent and what could happen if his parents are allowed to sue. and diplomatic talks between u.s. and cuba under way and the items on the agenda as we work to restore ties with the communist country first time in more than 50 years.

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your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance a see car insurance in a whole new light. liberty mutual insurance. >> hi, everyone. i am gretchen carlsson. and former white house press secretary will weigh in on everything from boehner's invitation without the white house's consent. and plus no mention of al-qaeda in last night'sitate of the union address and was it a mistake to limit them to one group. and a healthy basketball player

found dead and investigating whether her chewing gum could be to blame. how does that happen all at the top of the hour. >> talks in u.s. and cuba are underway. team of delegates going to havana for the first round of talks. they will figure out immigration rules and paving the way to re-establishing buzz embassy in both countries. this is part of the plan to normalize relations with cub a. >> mexican government is asking the appeals court to let a mexican couple sue a u.s. border agent. this is amateur video showing the agent shooting the 15-year-old son from across the border in 2010. mexico is one of the friends of the court who filed a motion and overturn itting the ruling that

said the agent cannot be sued. the lawsuit said sergeio hernandez was with other kid exercise running up to touch it a fence along the border when he was shot. the agent who was not charged said he was protecting himself from people throwing rocks. and we'll get in to the ins and outs of the case. we'll have a trial attorney. and the defense attorneys as well. this is an unusual case. the u.s. government would have to allow this lawsuit to proceed, right? >> right. that's why they are going to court. and i think the court's decision is critical, jon. if they allow the case to move forward, it means that the u.s. constitution in certain instances would apply to someone who is not a citizen and even on foreign soil. this is a critical decision, the court is not making a decision on the merits of the case and saying who the plaintiff wins or

loses. the sole issue is whether or not his family has standing to sue in the court system, in the united states court. >> i understand it pilar one of the previous rulings that he didn't have standing to sue simply because he was standing in mexico when he was shot that was the only reason they didn't let the case proceed? >> that's exactly right. and it goes far beyond standing and now a question. and they have to be careful and not show deadly force just like here. does that extend if a victim is standing across our borders in mexico. i would liken to it if you are standing in your yard and you shot at a perpetrators did your doubt change? he has run in the neighbor's yard before you shot him.

that's the question here. >> it would so many if it is allowed to proceed border patrol agents, it would have a chilling affect on the way they do their job? >> i agree with that. that's what the critics are saying here. border patrol agents have to act in the heat of the moment and make split second decisions and if they hesitate to use force even if it is necessary and deadly force they will hesitate because they are afraid of being dragged in a civil court and they are putting their lives at risk and everyone else. >> why shouldn't they have the same exact same duty of care regardless of where the person is standing? officers have to exercise that same level of caution in the united states or standing ten feet across in mexican soil? >> that's the issue should he be extradited to mexico or face

the laws in mexico or allowed to be sued by someone who is not a citizen and for something that took place not on u.s. soil in our country. it will impact the what the court rules in this case. >> the border patrol agent said he was protecting himself against people throwing longs. that sounds fairly minor, but in some cases they are deadly. they are brick sized rocks are getting thrown at our agents. there is a question as to whether or not the kid was doing that piular, does that matter? >> they are correct. that goes to the merits of the case. the question right now is whether or not the family has standing to sue the officer. can the u.s. agent be held liable for shooting across in mexico soil. then if yes. we'll look at the facts of the

case. we are not there yet. >> it is a fascinating case. but it does seem if this goes through and if the court lets it go through. border agents would look over their shoulders every time they do anything on the job. there is another controversy over how much access a school should have to student's social media account bes. the law that makes it a requirement for administrators to demanding the pass boards of their students. we'll look at that next. and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about america's favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

. a few state law is giving school administrators access to their students' social media account. school districted and

universities in illinois can now demand their students' passwords, the student say it's aim at stopping cyber bullying. analysts say it's gone too far. all right. if i am a school administrator in illinois and i think that maybe little jimmy over here is breaking school rules, maybe bullying some other kid, i can demand. i can go to his parents or the kid, himself, and demand his password to his facebook account? >> that's right. look, i believe we do have an issue with cyber bullying. we had kids that killed themselves because they were being cyber bullied. so that issue needs addressed this law goes way too far. it's a total invasion of privacy. it's one thing for the schools to monitor the social media posts of tear students to monitor their facebook posts,

their twitter posts whatever they're posting publicly to say the students are required to turn over their passwords when there is no warrant or probable cause tonight say if they don't turn it over, they can be held criminally liable i think that's totally ludicrous, because there is a ton of private information contained in people's social media accounts that have nothing to do with cyber bullying or bullying another kid on campus and schools shouldn't have unfettered access to that information without at least warrant. >> it doesn't apparently matter. it doesn't have to be done on school time or done on a school computer. any posting that the kid makes anywhere, any time, is apparently fair game under this ruling. >> that's right. the bullies should not be allowed to hide behind their computers and that's exactly what this law is seeking to prevent. we always balance individual's rights of privacy with the greater damage of harm and in this case, as anna pointed out,

we have children who are committing suicide because they're being bullied, sitting in their homes, sitting in their dorm rooms. that zim simply has to be stopped there. is a standard for this. it simply is the same exact standard as a police officer has a reasonable suspicion that somebody is committing a crime and they can briefly detain them. there are methods to apply to determine whether schools are overstepping their bounds or not. but they simply have to take action in order to reduce the likelihood of cyber bullying. >> according to my standard of the law, all it takes for school authorities is to have a reasonable cause to believe the kid was violating school procedures. is that enough? he says, if i'm the principle and i think, you know, that so-and-so posted something mean about her friend i can just demand the posword? >> that's a very low standard. in fact, that's a much lower standard actually that police need in order to get a warrant. they would at least need some

reasonable suspicion. again, they're gaining unfettered access. if the goal here is to stop and encourage cyber bullying, john i'm not sure this law is going to do that. because teenagers are very very savvy, they are tech savvy. they have ways to make anonymous accounts, or accounts with different pictures on there so it can't be traced back to them. in fact, that's what usually happens in these cyber bullying cases. people don't use their accounts with their name. there has to be a less restrictive way to resolve this issue is there there is no way. >> i'm sorry we are running out of time. but good discussion. we'll see where this goes from here. thank you both. thank you. well speaking of social media, meet a young lady who was around for the titanic two world warrings warringswar wars, a space flight and now she's on facebook, that story you don't want to miss next.

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technology, meet edith kirkmeyer, she is believed to be facebook's oldest user according to direct relief where she volunteers, she got help out there in santa barbara, california. >> happy birthday edith. >> the real story with gretchen starts now. >> thanks, guys. speaker boehner invites israeli prime minister benjamin netanyahu to invite congress and skirts the white house. tension in yemen as we speak. so where is their president exactly? and the nfl tells fox they are continuing tear review of deflate gate. i'm gretch i'm gretchen karlsson. "the real story" starts right now. the white house getting bent out of shape of an invitation to israel's prime minister to address a joint session of congress. house speaker john