reporting this. fox news.com/outnumbered, click the ot tab. more discussion from us here live. we'll see you tomorrow back here live. "happening now" starts right now. a fox news alert in "happening now". jordan deploys troops to the border with iraq. >> fox news confirming the show of first against isis after they burned alive the jordan pilot. >> "happening now". >> historic snow hitting new england and closing schools and snarling traffic. >> pretty soon i can see the winnow. >> plus, is more on the way? >> plus new fighting in ukraine. the stakes are rising ahead of the peace talk. >> and a while chase all captured on video. a suspect crashing a stolen car

and carjacking another. >> hear how the officers finally took him down on "happening now". ♪ >> but we begin with tragic new developments in the continuing war with isis the death of a american hostage. 26 year old kayla mueller of prescott, arizona. >> i am jenna lee and our thoughts and prayers are with the family today. there is a now's briefing underway with press secretary josh earnest saying while there is no evidence that jordanian air strike killed her, there is no question that isis is responsible for her death. we are minutes away from a state department briefing. not only the news of kayla but

the news of embassy close nothing yemen. the president prepares+++f= chris is a hostage negotiator and managing director. chris, i am paying close attention to the language by the white house. they say that kayla died at isis' hands. we were not hearing killed or scouted. there is questions of when and how she died for obvious reasons. why does the choice of words matter? >> thank you, jenna, for having me on. the family has been in communication with the kidnappers sporatically over the months in regard to this. and they've had the opportunity to understand what isis is looking like when they are

telling the truth which is very rare. they have sufficient confirmation to believe that she's dead. it is plausible to believe that she would have died in an air strike and no other isis people killed. the white house has intelligence to determine she is dead but isis wants to lay it in the foot of the jordanians. >> the white house is mentioned in the past that there are other americans being held by isis. i am curious at your experience of a hostage negotiator, what does it mean for them? >> this is an a nommally situation. she is an aide worker helping

with the syrian people. how it affects the other american hostages. isis will pick up. and they will continue to do that. and any other americans are being held. isis will pry to keep the press attention on them and the message that they are trying to get out. it shouldn't be long before we hear more about this as they try to use them as human shields. >> we are told time and time again, the air strikes the thousands that the u.s. forces have led and the coalition in iraq and not only syria are effective against isis. and there are reports that the jordanians are affected as well. the end result is the same. more americans are doing in the hands of isis. what do we need to it change?

>> a couple of things need to change and it is inevitable that there is more american involvement in the use against isis. and in order to stop the american policy we need to pay more attention in a policy level to them other than when they are just in front of us. >> what do you mean by that? >> it took the administration a year to it get up to speed on this. they had been ignoring it. and ignoring the security they need. they are fighting the most recent battle and these continue to spike every few months or years. there needs to be more attention in the administration level. we'll be back in a reactive mode. >> all we have seen from isis they are more violent and deadly

and extreme. so what do we need to do to stop that if at all. >> do we have the capability to stop that and negotiating with somebody who's dangerous. obviously how do you beat them? >> it is two things and a lot of it is understanding how intelligence is a equipment. we should negotiate against terrorist. negotiation is an offensive tol and weapon and it hasn't been at all in the past year. and understanding what negotiation is really going on and what isis is trying to do and blunting the pr efforts instead of letting them set the perimeters of the discussion. >> thank you so much. >> thank you jenna for having me on. >> president obama expected to ask congress for the use of

military force to fight isis. that request expected to come today or tomorrow. law makers say it could be a tough sell on capitol hill. the last vote on was 11 years ago. >> unless we do something such as you are recommending in the nation's security is at risk? >> i would say so and i would think all of the members of the panel believe that. >> doug mcelway has more in washington. >> reporter: to legally justify the fight against isis the president obama administration is are lying on the president bush's authorization. this week probably tomorrow the obama administration is expected to ask for a new authorization.

this is the first war vote in over a decade. the president faces opposition from people in his own party and they fear a conflict. and many have critized his weakness. this administration is finally sending a positive message. >> six years of indecision and mistakes have diminished america's image with our allies and the triumph over the clear military objectives has made the world less safe and not more. now more than ever, we need to clearly articulated foreign policy from the president and the commitment to back it up. >> and congressional sources tell real clear politics that the authorization lasts for three years. a new president the would have

to seek more authorization. it doesn't seek troops on the ground or limit isis to any one country. it should be purposely vague. >> we need an authorization to deal with them. again, i would caution against being overly predictive or specific in restrictions because we don't exactly know how the threat will evolve or the response will need to evolve. >> sources tell fox that the final text of the a muf will not be locked down until congress has committed. it is a rare occurancy of bipartisanship and the hill and the white house and the hill. >> that doesn't happen often. >> and new claims by assad that

he is kept in the loop on air strikes in his country. he receives information on coa lugtion on air strikes but apparently it comes from third party sources including the iraqi government. this is assad forces that are battling isis as well and places him on the same side of american on that fight. the white house previously called for assad to step down. we are getting a behind the scenes look as hillary clinton considers a run. it is a major fight breaking out with the donors and pacts. for some it is a reminder of 2008 when her advantage over barak obama faded fast. and joining us now.

former democratic senator evan blyh. and former secretary of labor stephen rhoddes. >> there is a number of pacts one of them called ready for hillary. and another one is priorities usan action and that is left overs of barak obama campaign committee and they are butting heads right now? >> very much so. in fact this is what leading from behind looks like in the presidential campaign. hillary out there waiting in the wings and her courtiers try to block the attack. it leads to infighting and self advance am. that is not a way to have a strong campaign. >> senator it is all about money and raising it. does it make you glad you are not running a campaign at this

time? >> jon it. the enormous amount of money to run for president these days and look. i think it is a temporary dust up. i expect her campaign to being focused and raise a lot of money. >> disciplined and focus you say. stephen, you say her campaign is defined by disarray. >> she's tried to wait in the wings and have others be her proxy. it is not working and it shoes what happens when the main argument for your canidate is ineffable. and it leads to infighting that we are seeing right now. it is not only the fact of her not taking charge of the campaign. but it is simply being her turn. >> senator, is she the strongest democratic candidate out there? >> there is no question about that.

you can look at the polls right now. it is very early admittedly. but she is ahead of the republican candidates by a significant amount. and she will focus on helping the middle class to get real wages and moving in a difficult time in the middle-class. it is good that she is taking time and let the republicans get through their warfare. when she steps out. she will be focused and have a message on the strong standing she has. nsticking with you. she was the lead horse in the race eight yearsing on. and something happen when a junior senator from illinois snuck up behind her and stole the nomination, could that happen again? >> i think it is highly unlikely. and the only significant candidate in the democratic party is elizabeth warren from

massachusetts. she said she will not run and even if she did, polls put mrs. clinton squarely ahead. and yes, that happen in the last campaign. and normally in life you learn from your mistakes and what you wish you would have done better. and they are disciplined focused and look like a laser on the the economic challenges that face the middle-class. >> and very quickly stephen, is she the candidate republicans fear most. >> i agree with senator ba yh hillary clinton will be the nom no. i don't think that is good news for democrats. she is politically out of shape and making the same mistakes and you have republicans tackling real issues and putting out important policies that solve

the problems that middle-class americans make and that is a good contrast we are happy to have right now. >> thank you both. sorry, jenna. >> that's okay. we'll be right back.

>> controversy continues over the obama administration's push to close guantanamo. two families are getting a firsthand look at detainee court proceedings. kathryn harris is live in guantanamo bay, cuba with more, catherine? >> reporter: thank you very much jenna. families from 9/11 travel all over the united states here to the navy base and high security courthouse behind me and yesterday they were in court and saw only little action 20 minutes before the proceedings was shut town. this was frustrating to them.

they hoped to hear substance and instead heard complaints from the suspects. >> they are taking place now and they are on track to go to trial and you see no movement toward that, and it is frustrating. one loses the privilege and that's what they tol them. >> reporter: this is a frustrating process. 9/11 suspects were arraigned in the courts under the president bush, and a year later attorney general eric holder announced he would send it to new york city and that was reversed because of security and cost and then president obama revamped the military commissions and they

were arraigned in the guantanamo courts in 2012 with the legal blocks that prevent the detainees from the island to the united states they say the trials here are the only option. >> the the trials to establish guilt and innocence is important to americans. and it is important in this case. and we need to try everyone we can try and that's what we are committed to doing. >> reporter: what people forget is the number of children that lost their parents on 9/11. and one of the young men here in this proceeding lost his father in third grade. they will be back in the high security courthouse for another round of hearings. the issue is so sensitive legally and in terms of

classified information it may get shut down after the first few minutes. we'll see if tomorrow is like today. a lot of wind and rain as well. >> it is important to remember the families, thank you, catherine. >> hopes for peace in ukraine fading before a key deadline. as deadly fighting flares up in eastern ukraine high level peace talk. how involved should the u.s. get in this conflict? we'll talk to a foreign policy expert. >> a gunman gets out of the car and carjacks another vehicle and shots are later fired. we are live with the latest on how this all went down.

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plus for a limited time, get a free security camera call 1800 xfinity or visit comcast.com/xfinityhome. >> at least 12 people were reported dead in eastern ukraine. both ukrainian forces and separatist rebels are in the area. and french president hollande were hoping to meet with poro shenko and vladimar putin. and the president obama said the u.s. is considering that option. >> it is true if the diplomacy fails, we will look at all option. what other means can we put in

place to change mr. putin's calulous. and the possibility of defense weapons is one of those options examined. >> if we could, james you say the debate over what we should do in ukraine is reminiscent of what to do in syria how so? >> two ways, in terms of redline ands seen the administration say there is certain lines to be crossed. and many people in the national security cabinet. we have secretary of state kerry supporting weapons to the rebels. and ash ton carter supports the weapons to the the rebels and yet the president and the small circle of advisors don't. that was the same with syria

that was clinton and panetta and all represented help. but the president and the small advisors don't. >> it is an idea logical belief that the united states tends to meddle over broad. it has been going on for a year now and diplomacy failed from the beginning. >> what about angela merkel. talk to us. >> it is a pasifist country and a ro manticism of relations of russia and war guilt from world

war ii and doesn't want to see german weapons used against russia soldiers and a lot of anti- americanism in germany that is bred by edward snowden. and you can see they ably and smartly used by the russian and snowden is in moscow and that is used to stir up anti- american attitudes and any sort of talk of germans uniting with the west and opposing russia they see that as cold war talk and black and white. and germans want to be in the middle between russia and america and not pick sides. >> what you are touching on is ideology held by the president here in the united states. and what about the facts on the ground and what needs to be done to prevent russia from pushing

further in the territory. >> the definition of insanity is doing the same thing over and expecting a different outcome. >> we have done diplomacy with the russian and vladimar putin hammers away. and angela merkel said there was no military resolution to it the problem. i wish putin agreed with her. he is funneling the intelience in the country. and as long as he thinks there is a military conclusion i think the west needs to respond in kind. >> talk about the best case of arming the ukrainians. >> best case scenario is up the cost of what russia is doing. russian soldiers are going home in body bags and there are no russian soldiers in ukraine or they are volunteering. butentious ventually it will get

to the point where russian mothers are going to protest on the streets was moscow and why are our sons coming back dead? that will raise the costs for putin and factor in his calculations and that is the point and that is the reason why we would be sending weapons to ukraine. >> worst case scenario. i think we are seeing a dismembered europe. and in fact. the worst case he goes for a nato country and goes for a baltic country. he proves nato worthless. jon? >> scary prospects there. new england struggling under the immense weight of record- breaking snow and fears of buildings collapsing and what to do with the mountains of snow left behind. >> did a supreme court justice let the cat out of the bag. what a case in alabama could

signal about the high courts decision on gay marriage.

>> growing concerns in new england as people dig out from a record of five feet of snow in less than two weeks. officials are struggling with where to put it all. molly line joins us from boston

where schools are closed and public transportation isspended today. >> reporter: yes, it is a mess today. governor charlie baker announced that there would be hundreds of national group troops helping with the dig out duty. this is one of the snow farms here in boston. we have watched the trucks bring it in all day. there is neighbors states have responded and sending equipment. that's the key thing needed in the state to keep it all moving including snow melters. this is what governor baker had to say. >> we authorized the purchase of two additional snow melters that will be here in the next 42 or 72 hours. they can process 120 tons of snow an hour and that is 25 truck loads of snow every hour and we are talking about ten

wheel trucks here. >> just incredible to listen to the numbers. the other is the rail lines and subway and trolley shut down. usually a million people use that on monday through friday and it speaks to how big the problem is. no word on when they will get it back up and running. the administration doing assessments to gooet get an idea of the damage. begin the nature of the storm it is likely there will be federal funding to come and help with all of the clean up. >> and the melting as well. thank you molly. >> reporter: that is yet to come. >> i am sure you will look forward to that. just not all at once. >> thank you. molly. you may get a signal on how the supreme court will rule. it revolves around a case in

alabama and interesting developments there. the supreme court refused to delay same- sex marriages in alabama. and in his dissent. clarence thomas critized the court for not follow the custom of leaving laws in place until larger constitutional issues are are addressed like the supreme court case. what does the actions of the high court. judge napolitano joins us. interesting developments in the state of alabama this week. explain what is going on there. >> the state of alabama a mended the constitution to prohibit same- sex meerjs and several couples challenged that in federal court and the federal judge invalidated it and found the right to choose a mate is a personal decision that does not require the permission from

the government and found for the state to permit heterosexual marriage they would have to provide homosexual marriage. in making that finding she invalidated the clause in the alabama constitution and said to clerks and judges to start marrying people. >> however? >> that was appealed to the third circle court of a polls and that was thrown out and supreme court and that was thrown out. the chief justice of the supreme court of alabama said to judges and clerks you shall not issue same- sex marriage license because it is against the constitution. >> defying the ruling. >> does he have legal standing to do that? >> no he does not. he said if you defy my ruling, i

will have you prosouted and the governor said no judge will be prosecuted for following the order of the federal judge. >> some couples were married and found that the offices were closed and the doors were locked. >> correct. that is at odds with the federal judge. >> we have a stand off. it is not the first time in alabama. we have a stand off between the federal government and the state government. guess what? the constitution has something in it called the supremacy clause. when state laws and federal constitution prevails. and so the state supreme court justice who was once removed from office for defoying the order of the federal court. he is was reelected to. it >> how did that happen?

would a same- sex couple have to sue the judge in alabama? could he be ordered or reprimanded? >> it is not the feds that remove him. it is his own state system has a system for judges that break the law. he will not go to jail or assets taken away. but he could lose the judge ship. >> he believes that the state's constitution is paramount. what is it in the response from clarence thomas in the supreme court on this alabama case. and telegraphing to the country where it is. >> if the supreme court is going to rule on the same- sex was going to stop same- sex marriages, you wouldn't let them get married today only to have their weddings undone tomorrow.

the fact that they did not stop the same- sex marriage in the case is an indication of which way the case will be. >> i think we will know by the end of june. >> thank you very much. >> always a pleasure to work with. >> we ought to keep the judge around for the next segament. more legal trouble for drew petterson. he is accused of a murder for hire plot targeting the prosecutor that put him behind bars. >> and a wild police chase and crash and carjacking and all caught on camera.

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. >> hi, everyone. kayla mueller remembered as a tireless volunteer who believed in god and lost her hands at the hands of isis. should aide workers go to

dangerous parts of the world? >> and exclusive look at activist in syria putting themselves at risk to get the story out on a savage group of terrorist. and what kind of out of the world items did astronaut's wife find in his closest? find out in the top of the hour. >> new charges against drew petersen. he was plotting against will county state attorney to put him behind bars. he has nothing to gain by get glassco, killed. >> people who tried to capitalize by saying he did things or said things in the past. why all of the sudden would he

talk to someone when he knows everybody. everybody in the joint is gunning for him and wants to use him as their ticket out. it makes no sense. >> petersen is serving 38 years for the murder of kathleen sabvo. she was found drowned. it was ruled an accident until fourth wife stacey went missing. doug burns is a police attorney and a lyyse is a former prosecutor as well. i didn't mention that drew petersen is a former cop. >> probably not a lot of friends. >> take up his attorney's point. >> it is talking about what makes sense. we are not talking about someone

rational talking about the case. this is a guy convicted of killing his wife and another gone missing and may have killed her as well. and by the way when he was sentenced by the prosecutor, he said remember my face. he is angry at the prosecutor and there were three people when i was a prosecutor for threatening me. it happens on a daily basis. >> it sounds like a movie script. >> and drew peteresen. >> every client deserves a good defense. >> and with good justification. however, i do think that that lawyer is making a good point. >> first of all he was known for being cautious and never leaving a lot of evidence trails. he will run his mouth on a murder for hire case. i was in two trials actually and the fact of the matter they are hard to proof and the defendant

said i told you to punch him in the face and not kill them. and causes the jury to scratch their head. and next thing you know a snitch is putting words in my mouth and more of an entrapment idea. >> my guess that the prosecutor has more than a snitch talking and may be tape or money paid or pictures that were sent back and forth. and more than what we know here. we are just glossing over something that the prosecutor has. >> the whole prosecution and conviction on kathleen's death. it was rowelled an accident. >> it it was on part because he was a cop. >> going back to the memory bafrjt they did a grand jury inquest and one of the people on the panel had a relationship withdrew pertsen. if you keep your head down.

and until his fourth wife went missing they went back and reopened. it >> it didn't make sense. she was in the bath tub. >> and he would have gotten away with it if nothing happen in respect with the fourth wife. >> very quickly the legal .1 count of solicitation of murder and murder for hire. what is the difference? solicitation for murder for hire takes more weight and he will get 10-20 years. >> he has already 30 years. >> he can't get parole until he is 93 and i don't see it matters. >> we'll keep an eye on it. >> thank you. >> and fox news alert. the news of the death of kayla

mueller that was held by isis. josh earnest just commented on other potential americans held in the region. just listen to what he was saying with just listen to what he had to say, he was very careful with his woods. >> there is at least one other hostage that is held in the region but you asked me specifically about isil. what i can tell you is that we are aware, we have avoided specific cases of americans that are being held in the region. >> so no more specifics on that as you know, we are also very careful with news that we share about hostages being held by isis or others concerning protecting them. and in the meantime, a man leads police in a wild chase through downtown streets, before carjacking a woman at gunpoint. what police did to finally stop

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a dramatic chase by a gunman -- >> it started around 5:00 in the average yesterday, in the middle of rush hour, when comes tried to pull over the car. he pulls out a gun and steals a

car driven by a 22-year-old woman on her way home from work. >> he told me to get out of the car, he told me like twice to open the door, and that's when i ran out of the car. >> he was just completely acting irrational. i don't know if he was reacting to something, but he didn't really care for something. i can probably guarantee that if she would have hesitated he would have shot her. >> the chase continues another 15 minutes when his car gets jammed in traffic. he gets out, he tries to hijack another car actually two other vehicles. then cops begin to close in on foot. three cops fire shooting him. right now that shooting is obscured by trees. police did recover a firearm at the scene. l.a. sees about two or three of these every day. mostly guys have a felony prior very rarely do they get away with it.

>> and certainly not in this case. reaction is coming in now for the tragic death of a young humanitarian worker held hostage in syria. her family in arizona now confirms kayla mueller has skied after more than a year in the hands of isis terrorists. it kinda is. it's as crazy as you not rolling over your old 401k. cue the horns... just harness the confidence it took you to win me and call td ameritrade's rollover consultants. they'll help with the hassle by guiding you through the whole process step by step. and they'll even call your old provider. it's easy. even she could do it. whatever, janet. for all the confidence you need td ameritrade. you got this.

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a las vegas hotel and casino comes crashing down. and the intentional implosion early this morning will be followed by a month of rubble cleanup. watch. there goes the clarion. by the way it had a rather interesting history, dating back to 1950 it was purchased by the actress debby reynolds in 1952. so far on no word on what will replace it. >> it dates all the way back to

the 1970s. >> all the way back. i remember the 7 0s. thanks. >> the real story with gretchen starts now. and we can kick it off with a fox news alert a fourth american hostage killed. the family of kayla mueller, confirming that the young aid worker has died while being held by isis. kayla mueller had been in captivity for more than a year kidnapped in syria in 2013. her family had been holding out hope, but last week the terror group claimed that the 26-year-old was killed during a jordanian air strike. that's a detail yet to be confirmed. today the family did receive confirmation that their daughter was in fact dead. chief intelligence continue catherine herridge live in guantanamo bay cuba for us with much more on this story. catherine,