learned not to drink vodka and grapefruit juice. fox over time will be on the tab. we are here tomorrow noon eastern and "happening now" starts right now. >> fox news alert. pope francis will be addressing a joint meeting of congress. >> he will be the first pope ever to do so in his visit to america later this year. we are covering all of the news "happening now". >> the plea for help as we learned what could have caused the deadly plunge as an aircraft dives in the river. >> doze kill and it is somber search for those missing. >> and the never ending evil of isis. children tortured and buried alive according to the u.n. what can be done to stop these a

strosities. and an inmate walking out of the jail house door. >> he has not contacted me. >> why his mother and family and friends went back to jail with him. >> he will not escape again. >> it is all "happening now". >> we begin with a spending stalemate on capitol hill. i am jenna leely. >> and i am greg jarret in for jon scott. the bill in question would fund dhs for the entire year but roll back the president's executive actions on immigrations and democrats said it will continue to fail unless immigration is off of the table. republicans are now working on a modified version that fund some of the president's new policies but they are running out of time. >> look at the the senate floor. mike emmanuel joins us live from

capitol hill with more on the lead story today, mike. >> reporter: house speaker boehner tried to turn up the pressure on senate democrats and the house did the work and won its fight and put it back in their court. >> several times this week, senate democrats including senators who oppose the president's action blocked the bill. republicans are standing with the people and the democrats are protecting the president. >> reporter: pressure is building on capitol hill with homeland security money to run out. many law makers are calling for a plan b. the conservatives want to stop the president action on immigration and legally protects 5 million illegal immigrants. president obama threatened to veto legislation that blocks him on immigration.

maine republican senator susan collins which would allow the 2012 brought here as children and repeal the 2014 executive action. and top democrats want to only fund the homeland security and firing back in the gop. >> we are not going to it be pressured, be bullied that we have to do this or that immigration reform as a price to fund homeland security. it is too vital to america and too violets to our country and the way legislating should work. >> reporter: one key republican senator said nine democrats on the the senate and on the record against the president's executive action. but the problem is, they are not voting that way at this point. it is not clear how the show down plays out. jenna? >> thank you, mike. >> senate hearing is underway on

the obama administration on git me. we are learning new details on the prisoner swap of sergeant bo bergdahl from the taliban five as we hear from the nation's top counter terrorism official for the first time since the deal was struck. kathryn has more. >> reporter: a potential government watch dog concluded that the administration broke the law when it didn't give congress the qualified notice. a witness testified said it was done with the okay of attorney general holder. >> my understanding the council interpreted the president's powers because of the security risks and safety of sergeant bergdahl necessitated proceeding without the 30 day notice. >> reporter: law makers were told that the number of

detainees expected to return to terrorism is 33 percent under president bush and under obama administration eight went in the category. the vast number of detainees were under president bush were 600 and under president obama only 120. the head of the guantanamo facility said the execution of hostages by isis and including the jordan pilot who was burned alive in the cage as well as the japanese hostages and they all worn a orange jumpsuit and worn by the detainees in 2001 and not worn now. >> the recent video showing the burning of a pilot and execution of a japanese hostage showed them clothed in a orange

jumpsuit. >> reporter: the republican on the committee said the argument doesn't stand up to scrutiny. >> how many detainees in two where are 01. >> 0. >> how many when al-qaeda bombed the uss cole. >> xer oechlt islamist terrorist don't need a reason. they attack us for who we are. >> reporter: the witnesses were pressed to explain if the u.s. would detain bagdati would he be to the courts. the always preference was a article three court first and that limits the amount of time the u.s. government can interrogate the suspect, greg. >> thank you. >> and joining the air strikes,

one day after king abdullah vowed revenge on the terror group for the brutal murder of the young pilot. fox news confirms that the u.s. is moving more asets in iraq to fight isis. jennifer griffin joins us now. >> reporter: i am told the jordanian air strikes was 20 fighter jets. this is according to senior u.s. officials familiar with the operation. it took place before the king abdullah met with the family of the lieutenant in his hometown south of a man. while the king paid condolences. several f- 16 jets conducted a fly over of the village. this was the f- 16s that just flew a bombing run over syria and commanding control in the vicinity of rak a. >> the u.s. moved more search

and rescue assets in iraq in response to the request from the ua e which has not floun combat missions since december. >> there is an important role for the united arab emirates to play. >> we'll not confirm reports of other countries the military operation. >> reporter: fox news that it u.s. flew support to the jordanian aircraft including fuelling and electronic war fair to jam and mass the strike and combat search and rescue and crews on stand by. it was conducted at high altitude and avoid shoulder to it fire missiles. senior defense said the u.s. moved more search and rescue teams in northern iraq in response to the ua e concerns that they were not positioned close enough to syria there may

be other reasons that at this time ua e may not participate in the missions right now. jenna. >> intchlth jennifer thank you. -- interesting. >> and final moments on the asian plane. newly released audio from the cockpit. the pilot making a pannish panicked distress call. >> david joins us from bangkok, thailand. >> reporter: hi greg the pilot of the crash is hailed as a hero because he averted a much bigger disaster. the video from a dash cam or

approaching vehicle shoes the difficulties that the plane faced. it hit a taxi and clips the highway. the taxi driver and passengers survived but were injured. the jet with 58 people on board had just taken off. the pilot was following the river to try to it avoid the river and avoided smashing in the highway. both pilots died in the crash. 12 people are officially missing and the search operation is continuing. some parts of the plane were are recovered from the river and strong currents are hampering the operation. it was flying to an island when it got in trouble. the pilot called out mayday three times and warned of an

engine flare. the black box data boxes were recovered. >> thank you, david. >> in the meantime fa a is investigating a small plane crash in west texas. the pilot was killed after a plane crashed in a tv transmission tower in lubbock, texas. the station was knocked off of the air. no one inside of the station was hurt. >> we have had to evacuate the kcba studios. the remaining portion of the tower has one guide wire on it and the structural engineer looked at it and it was unsafe to stay in the building. >> again, the pilot died and no one else. no word on the cause of the crash. >> encouraging news for breast cancer patients. the fda granting approval to the

drug. the doctor is in to tell us what it means. and the battle over obama care and how the u.s. supreme court could radically change the law. >> we want to hear from you. we want to tell you about a cyber attack on an insurance company. how worried are you about the security of personal information that you are handing over to high- profile companies. our live chat is up and running down and go to fox news.com and/"happening now" and click on america's asking to join the conversation.

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chicago. it is not clear how many people are affected by the illness. they are focused on infants. infants under the age of 12 months can't be vaccinated for measles and they are most vulnerable. and it is breaking outside of suburban chicago. we'll follow the developments and bring you the latest as they come in the newsroom. >> an inmate strolling out of a north carolina jail. he didn't get far. his escape was captured on videotape. he walked on out and makes a mad dash for it. freedom was short lived and he was back inside of a court of law along with family members accused of hiding him. >> i don't know where he's at. >> i don't have a clue and he's not contacted me. i don't know where william is at.

>> it was taken without incident. >> the mother and stepfather and girlfriend all held on a $1.5 million bond. >> the white house roached the second year goal for obama care enrollment. 10 million people signed up for coverage this year. the secretary refused to say whether the administration had plans in place in case the supreme court throws out the subsidy for americans. the house voted to repeal obama care and some proposed alternatives to the overall law. joining us is allyson. allyson, you looked at these before and republicans will question the numbers and do they have a basis to do so? >> last time i spoke to republicans about new numbers was the end of last year and they put out information about

premiums and first thing republicans said. they are skeptical about the numbers they are putting out and pointed back to enrollment numbers including denial plans. the white house and administration said that was a mistake. and the republicans said they don't think it was a mistake but think it was intentional. i expect to see something similar happening. you have enrollment numbers, republicans will say how many have paid and probably will bring up something they had with the dental plans included. and we'll get the past reactions and they will be skept beingal about this as well. >> especially in the wall street journal. and in the meantime you have a interesting drama that pays out in the supreme court and whether or not the subsidies begin to 6 million americans are actually explain why that is siing can for obama care and what we see

this year from the law. >> that is important. and if the supreme court were to rule against the white house. you will see 6 million people lose their subsidies. and that will be a big deal for the affordable care act. you can so people bringing up questions and asking what is the back up plan if for a reason the supreme court rules against them. and you can so white house officials are saying they don't have one right now. and they are not saying that they are not prepared but they don't expect the supreme court to it rule against them. and when marlin tapener was asked about the possibility of millions of people lost subsidies. and late last year, right now nothing changed for consumers and i will not talk about hypotheticals. and that so manies to be the line that administration officials are holding.

and if for a reason they ruled against the white house it would be a big deal. >> would it unravel the law complete plea. >> so many people are depending on the subsidies and people in 37 states are in a federal exchange and it costs a lot of problems and people could not afford it anymore. we'll wait on the supreme court decision. republicans are saying we do have annal ternative to obama care as it stanned now. what are the details of the plan, is it viable. >> this is coming from three senators in the senate. hatch, but and one other whose name i am blanking. i am sure you can fill it in for me. this is not the first time republicans have had alternatives. tom price, the congressman from georgia is an example of that. he proposed a replacement plan

and he brought it back up and it never left committee. there are various plans offered by republicans and never backed by leadership and never had a vote. the house never voted on a single replacement plan. they will look at a way to fix the affordable care act. and make changes and change how medicare is dealt with and offer people eligible for medicaid and offer tax credits to buy their own insurance. but it is a plan where you look at the track record from what republicans have done in the past. republicans can jump on board particularly if it is the supreme court ruling. the house is controlled by republicans for four years. and one person i spoke to in the senate side they told me there was a chance maybe not the proposal but one considered by marco rubio and paul ryan that you could see majority of

republicans jump behind. it >> senators bird and hatch and upton who joined in the house. he state it hasn't come forward with a plan. canned can chlor ♪ edward jones. this is shirley speaking. how may i help you? ♪ oh hey, neill, how are you? how was the trip? with nearly 7 million investors he's right here. hold on one sec. you'd expect us to have a highly skilled

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mistaken for a terror attack. njordan is taking the fight to isis launching air strikes in syria one day after king abdullah warned he would retaliate for the sickening murder of a johning jordan pilot. the united states is shifting more assets in iraq. is this the arab awakening that the pentagon and others waited for. that is what kevin barren said in his most recent column. the real revenge is what's yet to come. jordan boasts the elite special operation forces in the world and for years fought alongside american operators and having been trade and equipped and paid for in part by the u.s. kevin baron, kevin explain how formidable the jordan military is. the amount of tanks and aircraft

and how will that translate in king abdullah's decision to retaliate? >> jordan is a country that military outsizes the size of the population. the aircraft are flying ahead. and they are claim to the iraqi media 55 isis killed earlier today. but what i pointed out not the traditional heavy artillery and mechanicized weapon that you would expect for the arab states to do a gulf desert war. it is counsellor terrorism forces that could be the xha extra catalyst that the pentagon is hoping for. this goes back to at this time strategy of building partner capacity and it is how the pentagon trained up the colombias to be an exporter of security and they train the countries all the way up in new

mexico and it was expected from jordan and they have trainingabilities there. >> kevin, there appears to be revulsion and anger and outrage in the muslim and arab world. a leading sunni iman calling for the islamic terrorist to suffer the same fate as the victims. do you think that isis in displaying the horrific videotape of the savage murder of the jordan pilot miscalculated. >> if you are isis no they are doing exactly as they planned. they put out a public call for different ways to execute the man and they filmed it in a slick way and put it out and using it as a bargaining chip. they are making them to be the baddest guys around. >> they want to intimidate or

demoralize the other arab and muslim nations that oppose them? not to mention the united states. >> they are in competition with al-qaeda in yemen and in competition for the same funding and fighters. there are only so many of the guys to go around. reminding that it is street fighters and they come from foreign countries they leave. there is different levels of ability. and putting out this kind of a tape is their way of showing, no one is worse than us and no one has a better chance than us than going through the cleansing of society and extreme puriction. that is really their goal more than. >> i have 30 seconds left. would you anticipate king abdullah to launch a significant ground force in addition to an escalating air campaign? >> they are considering it.

and reports out of the region that they are considering a limited ground force. any ground force would be helpful. that's what the pentagon wants from an arab state. this is not the iraq war or afghanistan war and i will not expect columes of tanks and fighting vehicles and targeted on the ground with close air support and helicopters and insert the forces on the ground as necessary. they are in cities and not in camps for a major ground war to happen. >> kevin, thank you very much. >> staying on the the topic, the president used strongest language in condemning isis following the brutal murder of the jordanian pilot. and what else he had to say about terror that is raising eyebrows today. and the fight on obama care.

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tact. if youulous list to the way the president described isis and terror under the guise of islam. today was something else to listen. to there will be critics about the way the president is handling isis and supporting countries like jordan. but listen carefully to what the president had to say in this morning's national prayer break fast. >> we have seen violence and terror perpetrated by those who profess to stand up for their faith. professed to stand up for islam and in fact are betrying it. we see isil, the brutal and vicious death cult that in the name of religion carries out unspeakable acts of barbarrism. >> it is delayed and ineffective. >> there is no leadership coming out of the united states.

ua e did what they want they want to go with a u.s. that leads and not behind. >> a former college professor of mine and experience in washington. and understands the way someone privately supports the efforts that go on around the world and he is critical of the job done by the president. >> kevin, thank you. >> you bet. >> we told you about the administration's reluctance to say just what it might do if the u.s. supreme court tosses out federal subsidies that it help millions of americans purchase health insurance under obama care. how can it affect the affordable care act. robert joins us now. and jay act is a criminal defense attorney as well. jay, let me start with you. i looked up the statute again. subsidies go to individuals

"enrolled through an exchange established by the state". 37 states didn't do it. arguably 7 million people are not eligible for subsidies. do you think that the supreme court will follow the plain language of what congress wrote or do something else? >> no. i don't think they can follow just by interpreting the statute. there are two important decisions that will guide the supreme court through this. the 1984 decision that is the chevron case and follow-up decision from last year. arlington versus fcc offered by justice schedulia. and regulators are allowed to use interpretations when there is confusion in the statute. the confusion is whether or not the exchanges can be established and funded by the federal government.

>> the challengers to the white house would say it is the plain language of it. and you want to know what congress intended go to the the the guy, johnathon grubber, the economist that wrote the law and he publicly said and i looked at it on line. that it we intended for only individuals with state exchanges to get subsidies because it was our idea to force those states to go to it exchanges. they didn't do. it and so if they want to know what congress intended, don't you look no it further than gruber? >> no, the supreme court will not look at outside sources. they will look at the context of the law in order to make a decision. i agree with jay. i think they will look overall what the word state means. it could include federal and state law. >> wait a minute, state means federal? >> yes, a lot of people refer to

government in general as state. that could be federal or state government. that is an important point and in the absence of them defining more specifically what they meant by the term it is presumed under the law, if they meant it only individual states, they should have put ha in. and i guarantee you that is what the supreme court would say. it should be individual states and not the federal government. >> the white house said it was a ti poand a hafty mistake. given the fact that there are 42 siing can changes to obama care that probably is true. it was a sloppy law? >> well, it is more than just that. i think the implications are very interesting. i don't think that the supreme court will rule with the mrafs over tourning the subsidies. but if they did it would impact the secondary insurance market. what would happen, the bottom tier receiving the subsidies would dropout and no longer pay

for the insurance and the rest of us, our premiums would go up. the insurance companies would have to make up that lag in profits and the affect if the supreme court rules with the plaintiffs, all of our insurance rates go up. >> i think that comes in the equation when the justices are sitting there, robert. we are well into obama care and we upheld it 5- 4 in 2012. can we undercut the financial stability of it? >> yeah, absolutely. i believe they will. they said the law is valid and it is statutory and that is much less and over 7 million people to be affected by this. and over a million not having insurance as a result of this. and they will look at the overall statute. justice schedulia and kepd kenned found it was constitutional and look at the statute. and over all impact and it will

affect our decision and by the way, if they rule in favor of the plaintiffs in the case the state only means individual states, the law still survives. >> you are on the same side and you agree and you are likely right. thank you for being with us. >> thank you, appreciate. it >> a new chapter beginning today in the story of chris kyle whose book inspired the hit film american sniper. the man accused of murder trial begins. >> and a new drug just approved by the fda. is is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms.

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he will react to brian william's revelation that he lied about being in a chopper that shot down. and does it matter if your child marries a democrat and republican. all on the top of the hour. >> and fox news alert. we hear of shots fired on the campus of the university of south carolina. this is posted on the campus website. the school said that there were shots fired in the new schools of public health. the cool is telling students to seek safe shelter and obey officials and remain indoors. we don't have details on that except we have reports of shots fired in the campus of university of south carolina and klumia. and in the meantime we'll turn to health news now. the fda giving final approval for a new breast cancer drug.

it is called ibran and targets proteins involved in the grouting of cancer cells. it could change the way the disease is treated. we are joined by the associate director of the breast cancer program in the 0a cannon institute. is this a game changer? >> it has the possibility of being a game changer. the study was the study that was approved but lomba one. it showed the doubling of survival for women with breast cancer from 10-22.2 months. there is a study underway to confirm this but i think that it has the potential to be practice the way first line patients are treated. >> how is it different than what is on the market? >> this drug is given in

combination with litriowa zol. and in this trial women received the standard of care or the combination. it is a inhiriter. and it is important to tell cancer cells to divide. by giving a medication like palbocilib. we block the growth. >> wharthe side affects? for cancer there is a lot of side affects. what approximate this one. >> that is a great piece of news. this medication is oral or a pill and patients can take at home. it is well tolerated and we had an opportunity to work in the compound and it is tolerated for patients. there is a low white cell blood count normally and fatigue and general tiredness. >> interesting, not major side

affects. i don't want to make light of it. certainly breast cancer impacted my family and so many others. it is interesting that the fda approved it quicker than thought. is there any risk and it was approved so much faster than what wasected? >> we have enough information to feel comfortable this the drug was safe. it was a smaller base trial and confirmatory study. it is a larger study. and the approval is contingent on the fact that poluma two confirms the results of palomba one. and it is going to look similar and this has the opportunity to be the new standard of care. >> can patients walk in today and say to their doctor. i heard about a new drug on fox news and i would like to try. it is that accessible to everyone. >> that is one of the

encouraging things about the approval that is not only for breast cancer patients. but cancer patients in general and the medical community. this represents another big step by the fda to get the promising break through drugs out to the clinic sooner and patients. >> real quickly. this is a million dollar question. is this a sign that we are closer to a cure for cancer? are we getting closer, doctor? >> cancer is a chronic illness. before a patient didn't do well with cancer and every year we make more and more break throughs and better ways to treat cancer and it is a chronic disease and that patients live less and live their lives with instead of a devastating diagnosis sometimes. >> it is nice to have a little good news. thank you for the time today. we appreciate it. >> that is good news.

>> new developments in the battle against al-qaeda. the terror group is giving details on who was killed in a deadly u.s. drone strike in southern yemen. we'll have the latest. jack's heart attack didn't come with a warning. today, his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before your begin an aspirin regimen.

back to the crisis in yemen, al qaeda's branch in yemen announcing one of their top clerics was killed in a u.s. drone strike late last night. the cleric had lectured online and in videotapes for al qaeda and praised last month's deadly attack at a paris satirical magazine. the cleric was killed when a

drone fired missile blew up their vehicle. navy s.e.a.l.'s life inspired "american sniper" as the trial for kyle's accused killer gets under way. that accused killer is eddie ray roth. he's facing charges of capitol murder for killing kyle and kyle's friend. >> this will be the biggest trial that erath county texas has ever seen, it's just a few hours drive south of dallas where the crimes occurred. in fact the accused gunman's attorney has requested a change of venue because of the high-profile nature of this case. now the trial against the 27-year-old now planned to begin

next week. his attorney arguing that he suffers from ptsd. chris kyle chris kyle's wife says ptsd does not cause someone to just go on a killing spree. >> to use itn excuse for anything heinous, in my opinion is hogwash, to use a nice word. i don't buy it. i don't think it's appropriate. i think it's a very lame excuse for horrible behavior. >> jury selection started today with a pool of about 800 people, 14 total will make the cut, 12 jurors, two alternates. one of the questions may will be asked is have they seen the movie. if folks have seen the movie or read the book, we're told that they're not automatically

disqualified, but clearly the goal here is to get a fair and impartial jury, something that the attorney for the gunman says he will not because of the high profile nature of this crime. hang on to your chair or whenever you are, look at this, some incredible footage when you combine paragliding and skiing. and an unusual approach to childhood discipline by turning to the old barber's chair sand a chair of clippers.

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cut. the barber posted pictures of the cut on instagram that went viral. he says his 12-year-old son was the first to sport the do. he's gotten dozens of calls requesting the hair cut for their kids. >> my son doesn't have enough hair yet. >> the real story with gretchen carlson begins now. strong reaction from the father of the murdered jordanian pilot. after the national breakfast, the president reminded guests that violence rooted in. word of a new outbreak of measles in babies in a daycare center in the heart land. the real story starts right now.