>> yeah. >> in fact let me check your breathing, if you don't mind. >> stay away, please. >> he's tried that before, it never ends well. >> one time it did. thank you for joining us today, we'll see you back here tomorrow, same time, same couch. bill: big morning of news here. major headline of the morning. reports claiming 20,000 foreign fighters are now joining the fight, streaming into iraq and syria to fight alongside terrorists. that they say is unprecedented number. good morning, everybody i'm bill hemmer. welcome here in "america's newsroom." martha: good morning bill. hello, everybody. i'm martha maccallum. meanwhile we have breaking news here at home. president obama officially asking congress to go to war with isis requesting the authority to use military force to help battle, a quote, in his words, a grave threat. bill: let's lead off this morning with leland vittert live in washington. leland, tell us about the new war powers. what is happening on that?

>> reporter: bill, this is the draft the president sent up to capitol hill. we got our hands on it in last 15 minutes. it brings up important questions in the debate over capitol hill, the authorization will put the president's isis strategy under a microscope. it has quote, called, enduring ground combat important for the words the president is using here, enduring and ground combat. those will be heavily debated. many republican lawmakers say the president though isn't doing enough to take the fight to isis. >> you need boots on the ground. it doesn't have to be the second marine division or 101st airborne division but you're going to have to put people on the ground to liberate mosul or conduct major operations out in anbar. >> reporter: the other issue for congress to debate is the sunset clause. the president has asked for a three-year authorization of force which of course takes us well into the next

administration. the authorization of force spends and entire page laying out the threats posed by isis including threats against the u.s. homeland and sites by name, the u.s. hostages killed by isis. one thing our senate producer brought up here also the other question will be in this for congress to debate is exactly bill, how broad of an area this authorizes the president to go after geographically. only in syria only in iraq, only in the middle east, across the whole world? bill: libia, algeria, on and on. the headline, 20,000 foreign fighters leland. they say this is something that never happened in afghanistan. what is happening now? >> reporter: exactly. it is a huge number of people streaming all the way into syria to fight for isis. perhaps scarier number being quoted is 3400 which is the latest estimate from fighters from western countries. this latest assessment comes as hearings on capitol hill are set for later today on the isis threat. u.s. officials long admitted

they have very little, if any real intelligence assets inside of syria. so it is increasingly hard to keep track of all the people who end up there trying to fight, obviously, bill, one of the big concerns is that people go. they get that kind of military training. intelligence services lose track of them. they use the western passports to come back home and create attacks back here in the united states or western europe. bill: we've seen it play out already. more on that headline in a moment. leland vittert in washington. martha. martha: u.s. is shutting the doors of our embassy in yemen closing up because of the security situation there. iran-backed shiite militia captured the capital city sanaa in september and seized the presidential palace there last month. president hadi who was a close u.s. ally fighting al qaeda resigned shortly after that. britain and france closing their embassies in yemen. bill: martha, we're getting new details on the death of kayla

mueller, the american hostage held by isis about a year-and-a-half. her family and friends holding an emotional news conference reflecting on the legacy she leaves behind. her aunt speaking about the 26-year-old aid worker's crusade for peace overseas. >> did more in incredible 26 years than many people can imagine doing in their lifetime. my daughter said to me, things important to kayla are finally getting attention they deserve. kayla has touched the heart of the world. the world grieves with us. the world mourns with us. >> and we are now learning more about the efforts to rescue kayla from her isis captors. president obama says she was one of the hostages the u.s. failed to rescue during the raid in syria last summer. >> i deployed an entire

operation at significant risk to rescue, not only her but the other individuals that had been held. probably missed them by a day or two, precisely because we have that commitment. >> heartbreaking, to learn more details there. kayla was captured in syria in august of 2013. last week isis claims that she was killed in a jordanian airstrike. the pentagon says, no matter what, she died at the hands of their captors in their opinion. when her aunts came out to speak yesterday, they specifically thanked the fbi. obviously there has been a huge effort, and everybody would have wanted this to have ended very differently. that would be her safe release but it was not to be. bill: we still don't know when she died and do not know how. in 30 minutes we talk to a member of congress working to find her for the past year. so that is coming up here. tough news there.

six minutes past the hour. >> very big story last night as all of this started to break. nbc news bringing the hammer down on brian williams. the nightly news anchor suspended now for six months without pay. this after he admitted to misleading the public over stories of his experiences during the iraq war. our own brit hume worked with brian williams at the white house. he considers him a friend. he says it will be hard for williams to rebuild viewer trust. >> once exposed as someone who is, you know, repeatedly told these tall tales that's a hard thing to come back from. i hope he can do it, but it is a little hard for me now to see how he can do that. martha: howard kurtz the host of "mediabuzz." howard, this is one of the big questions, does the punishment fit the crime? what do you believe will be next for brian williams? >> many nbc staffers are stunned by the severity of punishment although a source told me brian williams himself

understands and remorsely and embarrassed what he has done. oddly enough this presents an attempt by nbc executives who looked like they were not in control of the situation when the brian williams gave the lame and inaccurate apology and tried to suspend himself for few days in an attempt to save his job. the idea the atmosphere is so toxic, so many questions being raised by williams's reporting let this cool down six months if he can in fact return to the anchor chair because the network has so much invested. >> look at the statement that came through. it was larger statement was released by the president of nbc news and this is from steve burke, the head of nbc universal. brian jeopardized the trust millions of americans place in nbc news. his actions are inexcusable and this suspension is severe and inappropriate. he deserves a second chance and we're rooting for him. brian shared his deep remorse to me and he is committed to winning back everyone's trust. what about the bigger picture for nbc? challenges at "the today show."

lester holt will replace him for now. but the bench there is not really that deep, howard. >> that's correct. nobody was planning on a having a new anchor of "nbc nightly news." williams signed a new multiyear deal. steve burke, runs nbc universal close to brian williams. he has very hard thing to do. he is trying to get a mergewer time warner cable. this credibility problem for brian williams is affecting whole company. you can go through the names. could it be matt lauer, savannah guthrie from the today show or lester holt. the morning franchise is more lucrative. it would be best for nbc if brian williams could be rehabilitated. not just a suspension. he needs to answer questions about this six months from now. he needs to ask the country's forgiveness. martha: what about story this is morning he was interested in the jay leno job. just sort of, a quick comment howard on the blending of news and entertainment that has

happened in so much of the industry? >> right. well, with jon stewart stepping down from "the daily show," there has been chatter, maybe he could be the news nbc anchor. martha: what do you think the chances of that are? >> i would say slim to none but he was approached by "meet the press" a few months ago. brian williams guest hosted "saturday night live." "the daily show regular. friend of jon stewart. people thought he was more interested in that than journalism. i don't share the view. he repeatedly told the tall tales, putting it diplomatic, untrue tales about iraq and possibly other subjects. reinforces the notion that he took his eye off the ball when it came to telling the truth straight. that credibility he has clearly lost, that is what anchor people sell. that is what journalists sell. you and i make a living in front of the camera. it is as brit hume says, very hard to pet it back. martha: howard, thank you very much. >> thanks. bill: that is what we mentioned

jon stewart will leave "the daily show." here is part what he said last night. >> in my heart i know time for somebody else to have that opportunity. na. na. i told you they didn't know. you probably know. not right away. it is going to be, we're still working out details. got a lot of ideas. got a lot of things in my head. i'm going to have dinner on a school night. with my family. who i have heard, from multiple sources are lovely people. >> going to enjoy that. no departure date set officially. his contract with comedy central is not up until sent. september. he should cut a check to everybody that works in cable news. we were his material night after night after night. he worked through all the channels. figured out a way to tell an interesting story. so congratulations to stewart. i wonder where he will pop up

next? martha: yeah. he doesn't want something that is a daily show i would assume, based on what he said. he made tremendous amount of money. highest paid evening entertainer that is out there which is incredible. 17 years. i can't even believe he was on the air with that show for 17 years. we'll miss him, right? bill: we'll see how he finishes up. martha: absolutely. all right. this just breaking moments ago. the president delivering his request for war powers to congress but some republicans are saying that they think it is too little too late. >> in the end wars are not won by paper resolutions. they are won by resolution and the president simply has been irresolute. martha: what is in the request and will it make a dent in isis? ralph peters joins us for that. bill: the man accused of killing chris kyle's trial underway it morning. we'll have opening statements live inside of the courtroom. we'll look at defense lawyers as they are prepared to make that.

martha: white house press secretary josh earnest josh earnest doing some verbal gymnastics yesterday after getting a barrage of questions about whether the attack on a kosher market from paris was indeed as the president has said random? >> this was an attack on kosher deli. does the president v any doubt that the terrorists attack the deli because there ...that sound good? not being on this phone call sounds good. were

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another imminent terror plot was thwarted just in time. police in australia arrested two men in their 20s on suspicion plotting quote, violent acts in sydney australia. investigators found a hunting knife, machete and homemade isis flag. one of the suspects seen pledging allegiance to the flag in homemade video. sydney came under attack this summer by an isis-linked cleric. [gunfire] what a frightening day that was. that terror suspect holding 17 people hostage for some 16 hours before s.w.a.t. teams somed in and -- swarmed in and killed him. two of the hostages died in that situation. more details on the newly developing situation in sydney. bill: major story of the morning here. the white house sending over a draft resolution to congress today. the president arguing that isis poses a grave threat. three-year authorization would not impose geographic

restrictions but there is a request to ban what is called enduring ground combat operations. that is causing some confusion. here is veteran, arkansas senator tom cotton talking about that with greta last night. >> it is always better though if the congress and the president speak with one voice when it comes to national security. unfortunately the problem right now is not speaking with one voice. the president largely has been mute. bill: well, lieutenant colonel ralph peters fox news strategic analyst with me here now. got the letter. will read you one line okay? if left unchecked isil will pose a threat beyond the middle east including the united states homeland. that is long way from j.c. 13 months ago. colonel, will this pass? >> in some form it will pass and it should pass and it is important because congress represents the american people. when it comes to fighting islamist extremism we all need to be on the steam, we all need to be on side. this is very important. but nonetheless, bill, the

letter itself, the language is really troubling because this is a letter, the letter of a nervous lawyer, not a bold commander-in-chief. there are so many qualifications in there and limitations it is ridiculous. and again, the president is always focused on his domestic base, domestic politics, not on strategy. look, we know none of us want an enduring large troop presence on the ground in the middle east. we don't want that of course. nobody does but you don't tell the enemy what you're not going to do. and this is, it sounds like a contract negotiation in hollywood where he has all the stipulations and caveats. look no, we need to fight these guys and win. you do it whatever it takes to win and you don't rule anything out, at least not in public. so i'm encouraged by the fact that he actually is getting congress involved, discouraged by the fact we have all these caveats. here is the poison pill. note this part. he wants a three-year limit on

this authorization. that is a poison pill for the next president, be it hillary or republican whatever, because you're telling them as soon as next president hits the ground they have to go for another authorization of military force with all the other stuff on their plate but also once again -- bill: maybe circumstances change at that point and you need something than what is on the table. >> you are going to need something stronger. bill: i want to get to this point. the phrase about, no enduring ground troops. the white house says they're trying to satisfy the right and left with this why is the suggestion, why you would put that phrase, no enduring ground troops, in that letter. >> that is what i call bushwhacking. the white house can not get over the fact that george w. bush ever existed. and so that is a dig at the occupations. look, bush made a lot of mistakes. his administration used occupations trying to turn afghanistan into colorado were disasterously wrong-headed.

very much like goldilocks and the three bears. bush's porridge was too hot. obama's is much too cold. all we the american people can do is pray the next president gets the porridge just right. that three-year limitation watch that bill, that told islamic state if they hold out for three years, they're good to go. got to stop doing this to ourselves. bill: take that point to make to heart there. another headline out of afghanistan. perhaps the mission extends a little longer than the end of 2015. watch that. but this headline about 20,000 foreign fighters have gone into iraq and syria, unprecedented rates, based on the intelligence we're getting now. bigger in afghanistan. bigger than pakistan. bigger than all the wars before. quickly, colonel, what does that tell us about the road ahead on this war? >> well it tells us that contrary to the white house's state department's ludicrous claims islamic state has not been stopped. it is growing it is spread, it

is getting bigger. we're killing some of them. we're not killing enough. this is a huge threat. but you know, also you mentioned afghanistan. another example of the president putting false limitations on stuff. now we have to go back and fix it. this president needs to stop saying what we won't do and get on with the job of doing what we need to do, and that is kill terrorists no matter what it takes. bill: thank you, colonel. ralph peters from washington. we'll get reaction from our lawmakers too about how they're receiving this throughout the morning. thank you, sir, ralph peters. >> thank you, bill. bill: here's martha. martha: we're also awaiting opening statements in the "american sniper" murder trial. jurors are expected to hear today from a key witness. live report on chris kyle's trial coming up. streusel crumble, be from... fiber one. fiber one streusel.

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bill: we have word from the

white house there will be an official at three 30 this afternoon. 3:30 eastern time the president will speak about his request for new war powers. we will cover that live when it happens here on the fox news channel. 9:25 in new york. martha: so we are just moments away now from the opening statements in the "american sniper" murder trial. it comes more than two years after chris kyle and his friend were gunned down at a shooting range in texas. kyle's wife taia will be one of the first on the stand during this trial. former marine eddie ray routh is accused of pulling the trigger. authorities say the victims were trying to help him with ptsd. will car reports live from stephenville texas. will what are we expecting we will hear from the defense in this case? >> reporter: good morning, martha. a long line of people getting set to go into this trial this morning. now there is no dispute that routh pulled the trigger and did kill chris kyle and his family

friend chad littlefield. what this trial will revolve around routh's state of mind that day. we're anticipating that his attorneys will launch an insanity defense. his family is adamant, routh, a former marine in iraq and haiti suffered from ptsd. they say they had been in a mental institution just a short time before the shooting. prosecutors though disagree. they say on february 2nd, 2013, kyle and littlefield took routh to a shooting range. kyle, who is now famous for being the most lethal sniper in american history was helping vets with physical and mental disabilities, and he would use trips to the range like that as a form of therapy. routh later admitted to his family and to authorities that he did shoot both men who were trying to help him saying that he had forces eating at his soul. evidently none of these men knew each other before the day of the shooting and routh's mom actually asked kyle to help him because she was not satisfied with some of the treatment he had been receiving, martha.

martha: such a tragedy. in terms of the death penalty is that on the table in this trial? >> reporter: prosecutors made it clear they are not seeking the death penalty. they have said if they get a conviction they will seek life without the possibility of parole. the defense at the same time has asked for a change of venue. they point out that kyle is a local hero in these parts. they also say that his movie "american sniper," is playing just down the road three times a day. that request has been denied. at the same time we have received a statement from taia she says quote a part of the american way in life includes our justice system which is not perfect but is the best in the world. the family has the utmost confidence a fair and just verdict will result from the upcoming murder trial. opening statements from the top of the hour. we're expecting for this trial martha, to last for two weeks. >> will, thank you very much. bill: remarkable, the film showing right down the street while the trial begins today. death of another american held hostage by isis shocking her community and the nation.

we will speak live with arizona congressman paul goes start today, who says he worked more than a year to try to find kayla mueller. martha: the white house scrambling now to explain why president obama called the deadly terror attack on a paris kosher deli, a random act. >> the president described the attacks in paris as quote, randomly shooting a bunch of folks in a deli. the president's perception of the hostage-taking and murder of four jews in a kosher supermarket in that way, we ought to all be concerned. how do crest 3d white whitestrips compare to a whitening toothpaste? let's see. the paste didn't seem to do much for me. the whitestrips made a huge difference. that's not fair!

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♪ music ♪ ...the getaway vehicle! for all the confidence you need. td ameritrade. you got this. bill: some of our top stories right now of the u.s. embassy in yemen is closed. the state department saying the embassy may be reopened if the ground situation improves but our commandoes will remain there to conduct counter terror operations. yemen closed. police in north carolina looking at possible hate crimea.

a man turning himself in after allegedly killing three people all muslims in chapel hill. two victims were students at unc and n.c. state. all three of the dead are related. brian williams suspended six months without pay by nbc. williams admitted to misleading the public about covering the war in iraq and questions about hurricane katrina. >> the white house is now scrambling to clarify why president obama called the deadly terror attacks on a paris kosher market on a friday afternoon, a random attack. watch this exchange with abc's john karl and our own ed henry pushing white house press secretary josh earnest josh eastern evident to explain those comments. >> this was an attack on a kosher dill r deli. does the president have any doubt that those terrorist attacked that deli because there would be jews in the deli. >> the adverb the president chose was used to indicate that the individuals who were killed

in that terrible, tragic incident were killed not because of who they were but because of where they randomly happened to be. >> they were not killed in because they are in jewish deli. kosher deli? >> these individuals were not targeted by name, not the point. >> not by name but religion, were they not? >> there were people other than just jews who were in the deli. >> he thought that deli was attacked because kosher deli any random deli,. >> i answered the question once, no. ed? >> why didn't the president acknowledge that? if it he knows that and obvious why didn't he say that? >> the president acknowledged on many occasions when he had opportunity to speak about this incident. >> this was awkward exchanges to be sure. alan colmes, fox news radio host, fox news contributor. brad blakeman former deputy assistant to president george w. bush. i want to start by welcoming you first. showing you the tweet that was sent out subsequently by josh earnest and here's what he says.

our view has not changed. terror attack at paris kosher market was motivated by anti-semitism. potus didn't intend to suggest otherwise. brad, you want to take this on? >> sure. i think the president intended to downplay the threat of terrorism. we saw it in his interview the other day where he said that terrorism has been overblown. the threat to america and the world is not the way that the media's reporting or that their experts are saying. then the president then does a 180, comes up to congress and says i need war powers to fight an enemy he doesn't believe exists. absolutely inconsistent and not leading on this issue at all. martha: alan, let me ask you this. because time and time again the white house has a hard time these tortured responses of so carefully choosing each word about things that, i think most people look at and can be pretty clear about what happened. it was a jewish cokekosher --

market. it was anti-semitic attack. why would that be hard to say. >> difficult t, for those who for whatever reason accept anything the president says or brad -- >> i like when the president tells the truth. >> i think it is petty to take a word out of context and say when he said randomly, what he was referring to, those people who happened to be in the wrong place at the wrong time. he never suggested nor did the state department right after the tragedy said the deli was targeted because it was jewish deli. there is no question about that but who happened to be in the deli happened to be sadly for them random. that is a distinction that i would think most people would understand. >> i just think time and time again, it is this difficult process of talking about basically, you know, the war on terror. the difficulty, to call it whoo it is. there has been clearly an effort brad you point this out, to minimize it, say look, basically will affect very few lives on the large-scale. they went on to say that global

warm something going to affect the lives of more people ultimately than terrorism ever will. brad, is that accurate? >> it is not accurate but the president began his presidency with this narrative. he told us we're not allowed to use the word terrorism. he scolded people within his administration who enmentioned the word, radical islam. the veriage has changed. the problem hasn't changed. my suggest to the president, don't create a crisis, mr. president, that isn't solved because it doesn't exist. solve problems humans are creating and we have some control on eradicating. that is what we should be doing. terrorism is the problem. martha: the president is in difficult place at moment, alan, on one hand he is trying to get backing and authorization from congress to go against isis. on the other he is telling the american people they shouldn't be too worried about it. it is a media-generated panic. >> talking about two different things here. we're talking about

proportionality. what he was saying was the issue of global warm something a much more far-reaching issue that will affect over the long term a lot more people on the planet than does terrorism are. those people directly affected by acts of terror are a small number. martha: is that helpful though at this moment alan, when you look what is going on in the world? this girl who was killed that was held? when you have people being burned in cages, is it helpful for this moment for the president to make everybody feel like, you're kind of overreacting because what you should be worried about is climate change. >> didn't say you shouldn't be worried about terrorism. he was answering a question, speaking to ezra klein at vox he was answering a question putting things in proportionality to each other. the right will go after him for whatever he words out of context taking word randomly out of context and not seeing bigger picture which is what the president was talking about in terms where we're headed as a planet and the fact that global warming is an issue that over time will affect more

people. that's a fact. >> giving his own press secretary a very hard time. >> josh does a pretty good job. martha: to interpret what it is he is saying and what he means brad. >> look the president has two more years. he is not president for 100 years. the current problem in his next two years is the threat of terrorism. the entire middle east is in meltdown. it is not only a danger to us. it is danger to israel our most valued ally. it's a danger to our allies in europe. so the president better fix that which is broken and not create a new y2k on something he has no control over and is not the problem at the moment. martha: one last question. alan, do you think that the president is, is underestimating the thread that connects these acts that we're seeing of violence of you know terrorist violence? >> no. to say he hasn't been proactive on terrorism. not only that he credited the bush administration having dealt with the issue to the point where we are focusing on as has the last administration on acts

of terror around the world. he is not ignoring it as his detractors would say. he is forcefully and now asking for authorization of military force, something you would think republicans who want this war would approve. now they're giving him a hard time about that. that is hypocritical. martha: i don't think anybody want as war. people are attempting to deal with the situation as it exists and the threat as it exists. we'll leave it there. alan brad, thank you very much. >> thank you. martha: good to see you both. bill: quick check of the markets right now. the dow opened a bit lower off 58 points now at the open. investors reacting to a bit of positive earnings news and signs that greece might be willing to broker a deal with its creditors, that could be significant if it happens. also weakness in europe weighing on stocks here at home. dow closing yesterday up 140 points. we'll keep an eye on the markets throughout the show here on "america's newsroom." dozens of pilots failing their proficiency exams. in light of this crash last week what one country is now planning to do to make sure

flight crews are up to the job. >> and friends and family say their good-byes to kayla mueller as we get new details on the attempts to cue her from her captivity with isis. we'll speak to one congressman who worked very hard to try to bring her home. >> -- that reminds me of her. peace is not something you wish for, it is something you make it is something you do. it is something you are and it is something you give away.

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boy, unbelievable video. it clipped the highway, crashed into the river after one engine lost power. 42 people lost their lives in this crash. investigators are examining whether one of the pilots cut the only working inbegin by mistake. >> i'm not yet sure how to live in a world without kayla but i do know we're all living in a better world because of her. the world wants to be more like kayla, if that is her legacy and her footprint she leaves on the world, that is a wonderful thing. bill: friends and family members of cale law mueller trying to manage the pain. getting confirmation from the terror group isis. the 26-year-old from arizona was kidnapped back in august of 2013 trying to help those suffering during the syrian civil war. congressman paul gosar from her home district, kayla, and kayla's family.

was involved in attempts trying to find her. sir, good morning to you. >> good morning. bill: our thoughts with you and folks back at her home state. this is shocking. we were sitting here on the air together with martha yesterday when the news broke. you say your phone has been ringing non-stop for days. even going back to last week. what does that say about the impression that kayla made on so many? >> well, the thing about it is, here's a young lady that went over to help pupil. -- people. humanitarian relief. that is the best of high hannity, bill. when you see somebody taken in the prime of their life, trying to help others, there are feelings that can not be described. bill: we have some much her letters she sent home to her family. i want to share one part of this with our viewers here. she writes, if you could say i have suffered at all throughout this whole experience only in knowing how much suffering i put you through. i will never ask you to forgive

me because i do not deserve forgiveness. here is another one. be patient. give your pain to god, she wrote. i know you want me to remain strong. that is exactly what i'm doing. do not fear for me. continue to pray as will i through god's will. we will be together soon. that will not happen but indeed you tried to find her. you said a member of your staff to the refugee camps in turkey. what dud find? >> well, we found dangerous situations around. we tried a number of things as well as senator mccain. he is much more well-versed and has more connections in the middle east. so he tried with numerous peoples and countries and generals and such. we tried friends and family. we tried to send my chief of staff as you alluded to in an attempt to try to bring some resolve, to bringing kayla home. unfortunately we let them down. bill: there are some who are critical of the administration saying they missed the window of

opportunities, specifically last summer. are you one of them? >> you know, bill i don't know all the dealings, you know. i know a lot more than most other people but don't know the full scope of what the administration tried to do. i know there was an attempt in raga. they thought she was part of that. there are stories pro and for that. they missed out getting them because when they approached the area, they were gone. there were other attempts that the mueller family actually vetoed because they thought they were too dangerous. it's a touchy subject and discipline but i do know that since 2009 we lost a lot of our human assets in the syria region. and you don't replace those overnight. and, electronic surveillance is a poor substitute. because you have to have that human element that helps you out. bill: we still don't know how she died. we don't know when she died. will we ever? >> that i don't know. you know we were holding out

hope, bill over the weekend because there was no confirmation but there must have been some kind of confirmation to the parents and to the white house that definitely had them come out and say she has passed. so, i am sure the family does but we, we tried to give them their space. i mean can you imagine being a parent with your daughter or son half a world away where you're helpless? you're trying to get some help? and you're dealing with the barbarians of isis that you know and you see beheadings and burnings alive? that is undo sacrifice the parents will go through and go through the rest of their lives. bill: too much to imagine, frankly. you were in touch with her family for a long time. describe us, for us, rather, the amount of strength that they showed and displayed during this? >> absolutely incredible people trying every which way they knew in dialogue with the state department, the white house, our office, senator mccain's office, having to take phone calls from terrorist groups.

they were even approached to try to make a trade to have the family get a trade for a convicted courier and financier for al qaeda that is in prison here in the united states. i mean so, they have been put through the ringer. these are very, very strong people that believe in god. they have a strong christian faith. and they got a strong community but it is going to take all of that to get over this because i don't think you ever do get over this. bill: indeed it will. paul gosar, thank you for your time. >> thank you, bill. bill: for the effort you put forward and to your effort in arizona. paul gosar republican from arizona, thanks. martha. martha: officials are now filing a new charge in the disappearance and killing of this girl, 18-year-old college student, hannah graham. we'll tell you the details on this new information in this case coming up. bill: also figure this one out. a community in shock after a vicious attack against a local television sportscaster. >> a lot of people a doctor was

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bill: the main suspect in the case of a murdered uva college student now charged in her death. police in begin i can't charging suspect jesse matthew with first free murder. he is accused of abducting, killing hannah graham. the 18-year-old's disappearance, it shocked the charlottesville community last fall. >> prosecutions for the abduction and murder of hannah will bring mr. matthew to justice for these crimes. crimes committed against hannah graham her family and our community. bill: graham disappeared after night out with friends in september of that year. her body was found almost a month later.

>> san diego police taking a suspect into custody for allegedly gunning down a local tv sports anchor. reportedly in his own driveway. william la. >> is following this story from our west coast newsroom. william, what is his condition now? >> reporter: well, martha he is going to make it after being shot a dozen times kyle kraska is lucky to be alive. he was hit in the leg and stomach. after three hours of surgery he is in stable condition. what we do not know is why. kraska was full pulling out of his driveway when a man driving a white minivan, with the words superior painting, displayed prominently on the side and got out and shot him multiple times. neighbors came outside to see 54-year-old mike montana drive away in his unmistakable van. police put the information out. within hours they had the suspect's home or rather the shed that he was renting, surrounded. s.w.a.t. teams called him on the phone and he agreed to surrender, walking out with his hands in the air, wearing a

beanie and a paint splattered sweatshirt. >> we were able to get a very dangerous suspect in custody relatively quickly. nobody else was hurt. >> reporter: kraska was still in his car when shot which likely deflected and blunted the full impact martha, of those shots. martha: such a bizarre story. there is really no information yet, william, about what his motive might have been? >> reporter: the investigation is underway. so why shoot a sportscaster right? it makes no sense. did they have a business dispute? was something else involved? or was he mentally ill and didn't lycras is a's reporting? he has been the face of and seeing him wheeled in a gurney shocked some witnesses in the e.r. >> all of sudden the ambulance showed up and i saw saw

gentleman, turned out to be kyle kraska from channel 8 news was coming out of the ambulance and took him inside. >> reporter: bottom line, after search warrant and some q&a with both the victim and suspect likely police will give us the why, martha, in a day or some back to you. martha: has to be more to this story. william, thank you very much. bill: crazy story. fox news alert now opening statements now in the "american sniper" murder trial. about 100 miles southwest of dallas is a about to get underway. this is the latest in the trial of a man accused of gunning down chris kyle. it will begin in a matter of moments. we will take you there live inside of the courtroom. martha: this is a big story today because there are reports that thousands of brand new foreign fighters have just joined the fight on the side of isis. and the terror group is spreading faster now than al qaeda. kentucky senator rand paul joins us with his view.

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martha: we are back, opening statements are just about to get underway in the "american sniper" murder trial. here's a live look today from inside this courtroom in stephenville texas. it comes more than two years after the fatal shooting of chris kyle the navy seal whose life inspired the now huge hit movie and oscar contender "american sniper." we are told that prosecutors will call kyle's wife, taya, as one of the first witnesses here today. attorneys for the suspect, eddie ray routh, say he suffers from ptsd and they plan to use a temporary insanity defense in this case. opening statements are about to get underway. we will be able to hear those and we're going to take you there live. first we want to get to you this story. a critical hearing is just getting underway on capitol hill on the rise of violent extremism, as president obama

sends congress a request to authorize military force against isis calling the terrorist group, a quote grave threat. the process begins on the hill to legitimize in aing per way the battle against isis. welcome, everybody. brand new hour of "america's newsroom." i'm martha mack. bill: i'm bill hemmer. the hearing comes 24 hours after the death we learn of the death of american aid worker kayla mueller and after murders of jordanian pilot and several western journalists. they will talk about what the is the most dangerous threat america faces since 9/11. con aggression correspondent mike emanuel is on the hill. good morning. what are lawmakers saying about the request from the white house? >> reporter: some top democrats are praising obama administration about the possible authorization of use of military force. there are concerns of no geographic limitation.

adam schiff the top democrat on the house intelligence committee, he says the new authorization should put specific limits on use of ground troops that we do not authorize another major ground war before the president coming to congress to make the case for one. we heard from senate republican leader majority leader mitch mcconnell, about the president's request just moments ago. >> the senate will review the president's request thought fully. individual senator and committees of jurisdiction will review it carefully and they will listen closely to the advice of military commanders as they consider the best strategy for defeating isil. >> reporter: so mcconnell pledging that the senate the congress will give it a very careful look after the president just issuing this new request bill. bill: what is the central point of the hearing on extremism mike? >> reporter: it is lead by the house homeland security chairman michael mccaul. let's take a live look at the hearing. mccaul is saying going into it,

groups like isil and al qaeda in the arabian peninsula are surging. he says the threat to the homeland has reached highest level since 9/11 and there is very grave concern that people watching the horrific videos such as the brutal murder of the jordanian pilot could radicalize people here at home and overseas. there is a very key focus on capitol hill about terrorism isis, and of course national security, bill. bill: thank you, mike. we'll check back in with you often today. mike emanuel from capitol hill. martha. martha: we're just learning president obama is expected to speak later today at the white house. he will talk about his request to congress for new war powers. this as the president who came to office to end the wars in iraq and afghanistan now finds himself 13 years later in the position of asking congress for more money for war. and he will do that at 3:30 eastern time in the roosevelt room. we will bring you that live as soon as that gets underway. the dangerous and volatile

security situation that we're seeing unfold now in yemen has now forced the evacuation of our remaining personnel there from the u.s. embassy. after iranian-backed rebels, the height at thises seized growth of the capitol there -- huthis. they encouraged use citizens already in that country to leave. >> it's a very fluid situation on the ground. we remain engaged with numerous parties in yemen to find a peaceful way forward. we're certainly encouraging dialogue and efforts to move forward through that path. martha: tricky situation there. conor powell is live in our middle east bureau. how did these rebels come to power, connor? >> reporter: martha, yemen has been a country long in crisis. iranian-backed huthis rebels controlled the southwestern part of the country for years. but this winter they advanced on the capital sanaa.

easily taking the city from the u.s.-backed government. as a result, u.s. great britain, france all closed their embassies because of the deteriorating security situation. germany is urging its citizens to leave the country. the current president, hadi and his cabinet resigned, effectively handing all the power over to insurgents there. this is very much collapsing state, martha if already not a completely failed state. martha: obviously the center of acap and number of operations to stop the terrorism that emanates from that group. how does this impact all of that? >> reporter: yeah. al qaeda in the arabian peninsula has long kept a huge presence there. they have used the tribal regions to launch attacks and launch other attacks. u.s. military kept a special operations unit there to help launch counterterrorism operations though the pentagon says with the chaos there, that operation is in real trouble. >> i would say, there is no

question as a result of the political instability in yemen that our counterterrorism capabilities have been have been affected. i couldn't stand up here and tell you they haven't been. of course they have been. >> reporter: what happens next in yemen is still really unclear. even though the huthis and al qaeda both opposed u.s. backed government in sanaa the two insurgent groups are really not allies. a wider fight between the two is possible destablizing the country even further leading to more chaos. this is large part why the u.s. pulled out embassy staff and other countries are. one important thing to remember key allies, saudi arabia and oman border yemen. they are terrified of the really terrible situation there. and what that might actually do to those two stable and pro-u.s. countries. >> no doubt. conor. thank you very much. bill: nbc suspending anchor brian williams for six months, no pay, after he lied about

coming under fire during the iraq war. some news outlets are hammering williams but others suggest it is reminiscent when hillary clinton said this about a visit to bosnia in 19896. >> i remember landing under sniper fire. there was supposed to be some kind of a greeting ceremony at the airport, but instead we just ran with our heads down to get into the vehicles to get to our base. bill: that was the clarification, 12 years later in 2008. this is the video that shows arrival in bosnia that day. tells a bit of a different story. there were young ladies at airport holding flowers on the tarmac. she later changed her story saying she misspoke. what about this? chris stirewalt fox news digital politics editor. good morning to you. this really came to light during the campaign against barack obama in 2008. i remember it specifically. >> oh, my gosh, yeah. bill: did she get a pass by the media or not? the. >> well, look, i would say this.

if there is any group of human beings in america that are held or have even lower expectations for truthfulness, straightforwardness and honesty than the media it is politicians, right? this is surmounting a very low bar if you're a politician for trust wore thinkness. americans learned to expect less. but i would say this, hillary clinton paid a pretty heavy price for this error. she lied, and she did it at the worst possible time. she had just come off of a two primary wins, ohio and texas. getting her mojo back against obama. the speech where she gave that was supposed to be a reframing speech on foreign policy where she would push forward. she did that. she screwed up. she eventually walked it back three times. she side i'm sorry, when video appeared. the obama campaign and media, hammered hillary clinton hard. hit her hard. and brought up all sorts of other exaggerations that

hillary clinton made about her role in brokering peace in northern ireland and other things, that she had to walk back too. bill: remember dominating headlines for days, if not weeks. you're right, she did pay a price for that. now the gop is hammering her today, asking where she is? where is hillary? and i don't know the last time she was seen in public. perhaps you do, but, there is obviously an intent here to go on the down-low. what is that strategy? >> thedown low strategy she was in canada. she took some cash for speeches up in canada. but other than that she has been not on the trail. she did not appear at her family's foundation major event in new york. her husband and daughter were there for that. she wasn't. i didn't see her there. and reality for hillary clinton is, the news of late has been very bad. the news of late has related to allegations of tact ducking by

her donors using swiss bank accounts. the allegations involved about deep fratcidal accusations by people raising campaign money for her campaign. she is thinking maybe wait as longer and longer, as late as july, to actually reemerge as a official candidate. bill: interesting strategy. more to talk about that in the future. reverend chris stirewalt in washington. >> yeah. martha: breaking moments ago. the u.s. little league champs were stripped of their title for violating league rules. according to little league international, the chicago based, jackie robinson west team used players living outside of the team's bondaries, you're not allowed to do that to put together the all-star team. the team's manager was suspended. the u.s. title is awarded to mountain ridge little league from las vegas.

tough day for that team. bill: a lot of time they check birth certificates. usually they check out. usually they do. new questions about the bo bergdahl prisoner swap and whether it set the stage for the murder of kayla mueller. >> in their mind they can get trade or money on their behalf. no doubt in my mind that prisoner swap created that incentive. bill: we'll talk to wyoming senator john barasso. he is live on the hill in a matter of moments about that and more. martha: will the president's request for a new war powers be enough to stop them? we'll talk about that with a potential 2016 presidential candidate, senator rand paul. bill: also the 9/11 court hearings reef assuming today at gitmo. will the victims families finally get just is it? >> there are certain behaviors so far beyond the pale that one loses the privilege to be treated humanely. and that's what they have done.

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of bowe bergdahl for five taliban prisoners is having an impact how terrorists view america. those comments coming after the news of the death of hostage kayla mueller. florida senator marco rubio says our enemies have been encouraged, he believes, by the bergdahl swap. >> we said at the time, that swap in of itself would now put a price tag on head of every american abroad. isil even as we speak is actively looking for more westerners to kidnap, particularly americans because they can butcher them in horrifying videos and propaganda win for them among radical jihad its, hopefully in their mind they think they can get trade or money on their behalf. there is no doubt in my mind that prisoner swap created that incentive. martha: let's ask wyoming republican senator john barasso who is on the foreign relations committee. good to have you here this morning. >> thanks, martha. martha: do you agree that set a

precedent that has create ad dangerous situation? >> well i believe it has, martha especially in light of the president's eagerness to empty out guantanamo bay because of his campaign promise to do so. and the swap of the taliban five for bergdahl, you look at those five, and they're in qatar now. i've been over there last two weeks. they're getting, i believe ready to get back into the fight. and these, absolutely, were members of the leadership of the taliban. so what we see here is, i believe, an emboldenment, to try to capture others because of the president's willingness to make that swap for bergdahl. martha: i want to play a sound bite from the president about the difficulty in his position, when faced with the situation like kayla mueller. >> it is as tough as anything that do having conversation with parents who understandably

want, by any means necessary, for their children to be safe. and we will do everything we can to, short of providing an incentive for future americans to be -- martha: we know that the united states does not provide ransom money but with the trade or a swap for prisoners, as part of the request, is there, is there really a difference? >> well, first, with regard to kayla mueller, it is so tragic it is heartbreaking. she represents the best of humanity and you compare that with isis and the savages and what they are doing. i mean the contrast could not be any greater. isis is using this as a recruitment tool, beheadings that we've seen, the burning of the jordanian pilot. those things are being used. that is is part of their strategy to recruit, which is a more clear and seemed to be more

successful strategy than the president's unclear strategy of how we're going to defeat them. i have great concerns about their goal to actually take more hostages. >> i think that is a very obvious concern at this peint given what we've seen. you know, in terms of the authorization for military force that congress is being asked to sign, the language obviously in that has been one of the big sticking points. and new language as we understand it, it bans enduring quote, offensive ground operations. what do you believe that to mean? >> the language just came out martha, within the last hour. we haven't had a chance to go through all of it. yet, but one of the most important votes that a member of congress ever make is the authorization of the use of military force. this is something we need to actually study. we'll debate it in the foreign relations committee of which i'm a member. that is where the discussions will start.

so i want to make sure that a commander-in-chief has what he or she needs in terms of making sure that we can actually defeat the enemy. to me, that means you don't limit them in terms of time, in terms of geography. in terms of name of those who you are fighting. so it didn't give them the opportunity to change their name or go find a safe haven in another location. we're seeing that now with syria as well as iraq. the border is down. they go from one place to another. might they try jordan or turkey? so i don't want to limit our commander-in-chief. martha: obviously the language with regard to any sort of ground forces is going to be crucial in the debate of this document. thank you very much. good to see you as always, senator barrasso. >> thanks for having me. bill: 20 minutes past. opening statements set to get underway in the "american sniper" murder trial. how the defendant's state of mind could play a role in this high-profile case. we will take you there. martha: a look back at some of

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bill: breaking news. two big stories on the hill. house speaker john boehner reacting to what the president will deliver to congress later today, if left unchecked isil will pose a threat to the middle east including that to the homeland. so we will get to speaker boehner in a moment. this right now is the camera inside of the trial for eddie ray routh. he's the american accused of

murdering "american sniper" chris kyle and a friend. the trial just getting underway at this moment. when points in the trial become relevant, we'll dip in with the camera and microphone there. this is two years after kyle was shot and killed alongwith a friend at a shooting range in texas. a high-profile case that they search for a long time to get a jury seated and they have. we'll take to you stephenville, texas, throughout the morning and this afternoon as well. as i mentioned house speaker john boehner, this is him reacting a moment ago to president obama saying if left unchecked isil will pose a threat beyond the middle east including the united states homeland. based on the sound bite you about to hear, mark down the house speaker a bit skeptical on what he has seen so far on the war powers request. watch. >> i believe if we authorize the use of military force the president should have all the tools necessary to win the fight we're in.

and so, as you heard me say over the last number of months, i'm not sure that the strategy that has been outlined will accomplish the mission the president says he wants to accomplish. and his point, the president's point he wants to dismantle and destroy isis. i haven't seen a strategy yet i think will accomplish this. bill: two things. 3:30 the president makes the address official from the white house. we'll have that live for you. also expect debate that will now go weeks if not several months on capitol hill. the other comment the house speaker made a moment ago the battle for funding for the department of homeland security and. speaker with colorful language suggesting that republicans, house republicans have already done their job. >> the house did its john we won the fight to fund the department of homeland security and the to stop the president's unconstitutional actions. now, it is time for the senate to do their work. you know, in gift shop, out here, they have got these little

booklets how a bill become as law, right? the house has done its job. why don't you go ask senate democrats when they get off their ass and do something? bill: so from the speaker a moment ago. we'll wait to hear on the senate side. that is coming up here. 27 minutes past the hour. martha: so jon stewart last night surprised everybody, announcing that he will leave "the daily show on comedy central. that will happen sometime later this year he said. he took over as host of the satirical news program back in 1999. during that time struck up unlikely friendship with our own bill o'reilly. >> do you know what is really frightening? >> you have been reading my diary. >> you have an influence on this presidential election. that is, that is scary. >> if that were so that would be -- >> stewart is back. it is inexplicable but he is here. >> what about hi, john, great to see you. >> you want me to be a phony. >> i was supporter of mccain

for a long time -- >> you about you threw mccain under the bus. >> mccain through himself. >> i saw you. you pushed him. >> i would not push a man of that stood ture -- >> is this time to skim the books. shouldn't that be done preparation. you come on skim it? should i join you in the bathroom why you read it. >> there is so much here. but, stewart -- >> oh, my god. >> you got like ali's reach. >> you have no idea, man. >> dealing with mutumbo. giving me one of these, no, no, no. >> are you shocked internet poll that said i was most trusted newscast in america. >> that was like blinkky did it. this is big, big concern. >> i'm exhausted. i'm exhausted by the way. you actually look quite nice. >> i look pretty damn good. your craziness you bring this stuff in okay i'm making you president of the united states. >> every time i come here you make me president of the united states. >> it is insane. i know. bill: wow. martha: maybe take it on the road. bill: whoa. martha: who knows what is going to happen.

bill: maybe o'reilly and stewart have more time for dinner together now. martha: maybe they will. they have a special friendship which is obvious. i love the pointing. bill: much-watch tv. martha: absolutely. every time those two go head-to-head. it is fascinating. bill: stewart leaving the chair in six months. martha: we'll see who fills it. bill: where he pops up. martha: comedy central having a rough time. rough couple months. they will have to do some digging as well. bill: 29 past. dire warning from the intelligence community. thousands of isis fighters. senator rand paul is from the homeland security committee. he will join us with more and live. martha: hearing about guantanamo bay, after bizarre revelation brought yesterday's proceedings to a screeching halt. we're live at gitmo where 9/11 families, you can imagine after all these years are anxiously waiting. >> to be brought down here,

saying that these trials are taking place now and they're on track to go to trial and then you see no movement toward that and, it is just very frustrating. man: thanks, captain obvious. captain obvious: i'd get a deal for tonight with deals for tonight from hotels.com. and you might want to get that pipe fixed.

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could've parked a little bit closer... it's gonna be dark by the time i get there. geico. proudly serving the military for over 75 years. >> we're back and we've been watching this trial as it has been getting underway. it is the trial of eddie ray routh accused of killing the american sniper chris kyle and his friend a few year ago. the audio is not great. we're listening to this and we'll let you know if there is any news coming out of that courtroom in texas when it happens. >> disturbing new headline that thousands of foreign fighters are pouring into iraq and syria, joining isis. u.s. intelligence officials saying some 20,000 recruits have now joined the terrorist group and warning that isis is spreading faster than al qaeda

ever did. ralph peters telling us last hour the president's new draft resolution is not enough. >> look. no. we need to fight these guys and win and you do whatever it takes to win and you don't rule anything out, at least not in public. so i'm encouraged by the fact that he's actually getting congress involved, discouraged by the fact that we have all these caveats. >> kentucky senator rand paul sits on the foreign relations and homeland security committee and he's live from capitol hill. thank you for your time and welcome back. >> sure, bill. >> we have a lot to go through. let's get to it. will you give the president the support he's looking for now? >> i think what we need to do and what we really could use is a president like the first george bush who put together a coalition of dozens of arab countries, including troops on the ground. the only way this battle ultimately is won is with troops on the ground but they need to be arab troops iraqis kurds,

one of the things we could do is directly arm the kurds and i'm in favor of this. right now we're making the arms go through the shiite government in baghdad. right now we're destroying our own weapons in afghanistan, maybe we ought to think about taking some of the weapons that we're no longer using in afghanistan and transferring them to the kurds. we've prevented the germans from arming the kurds directly. we tell the germans that the weapons have to go through baghdad. kurds are the best fighters over there. i think we really need to incorporate them and give them the goal of the homeland and i think there will even be more fierce fighters. we need to incorporate turkey and turkey needs to have troops on the ground. jordanians are fired up and admirably so but i think they need to be part of the war with the troops on the ground. it's a coalition building and i think the president's strategy so far is not working. >> i'm going to put you down as

a maybe. house speaker boehner was skeptical a moment ago, too. fair classification or not? >> i think the president has to do much more and i think there has been, and i will say that there has been some improvement in the situation. some of the dams that were under attack near mosul, they've been pushed back. i think it's worrisome the fighters coming in and one of the people i blame for a lot of this, frankly, is hillary clinton. the disaster that is libya is a breeding ground for terrorists and it's also a breeding ground for armorment so really i really do blame hillary clinton's war in libya for creating a lot of the chaos that is now spreading throughout the middle east. >> some could suggest that you are very hesitant when it comes to foreign intervention and some would suggest you're a reluctant warrior. what do you think about that charge? >> well, i think if you ask ronald reagan colin powell dwight eisenhower, they would all tell you, and if you look at their documents of how they

approached war, they all said that war was the last resort so many of our famous generals most of our famous fighters those have been involved in combat are never eager for combat. i think we do have to militarily confront isis. i think it's a problem and a bigger problem because we allowed and were somewhat complicity in allowing isis to grow within the syrian civil war because we and our alloys sent 600 tons of weapons into the civil war. most of those weapons wound up in the hands of isis. i voted against arming the syrian islamic, islamic rebels in syria because i said one irony is we'll be back one day to fight our own weapons. now that day has come and we do have to militarily confront isis. i think hillary's war in libya and the president's admonition and some republicans' admonition to get involved in the syrian civil war has actually now created a bigger problem which is isis. >> that debate continues. two more topics quickly now.

you're in iowa over the weekend. you've got a big push this week to audit the fed. >> yeah. >> how is that going to win votes? >> interesting thing is we had 150 young people show up at one rally, 60 show up during the middle of a basketball game which is not easy for another rally and they're very, very interested in making sure that we put some sunshine on the federal reserve and make they're sure they're not in conflict of interest. should we know if they're buying their brother-in-law's bank? i think at the very least we need to know whose stuff they bought and whether or not there's any conflict of interest here. there's been an outcry from the fed. it's somewhat galling that the group that we've given the privilege of printing of money is pripnting up money to lobby

against transparency so yes, i want an audit of the fed. >> scott walker republican governor from wisconsin said to be the first office in iowa. how long before you do the same? >> we're thinking about it you know. part of travelling there and travelling across the u.s. is to see if the message resonates, to see if there is a big enough group that wants to have a different kind of voice so we'll make our decision sometime around march or april whether they're going to do that or not. >> rand paul from kentucky we'll speak before then hopefully. thank you for your time. >> thanks, bill. >> good to have you. 21 minutes before the top of the hour. >> serial stowaway is hopping yet another free flight. this is the craziest story. this time this lady who has done it before took it a step further. stay tuned for that plus this. >> what a film and what a life. life of chris kyle inspired "

"american sniper." now the drama around the man suspected of killing him in a courtroom in texas. opening statements underway. legal panel takes on the case debating it next.

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first witnesses that the prosecution is going to call today. joined now by the criminal defense attorney and phillip holloway, a former prosecutor. good to have both of you here. thank you, gentlemen, for being here this morning. obviously this is a tragic story. there's no question about whether or not this man pulled the trigger that led to the deaths of these two people. the question that remains is his state of mind and how that should pertain to his punishment. correct, phillip? >> that's absolutely correct martha. under texas law, he's presumed to be sane. that means he's presumed to know the difference between right and wrong and he has the burden of proving to this texas jury, to the contrary. and i do not envy the defense lawyers in the courtroom because they have the hardest job because i really don't see a texas jury buying what routh is selling under these circumstances. >> when you look into this story, there are reports that he had been drinking eddie ray

routh, that marijuana was potentially involved that he had a history of mistreating women and small animals. i don't know how much of that is going to be admissible here. can you shed any light on that? >> you know some will, some won't. but right before the break, we heard a little bit of the opening argument and the government was talking about using your common sense but with ptsd it's everything but common sense. and that's why, you know just naturally you think, alcoholism you know other problems that he was having using drugs, marijuana, these things with the animals and his girlfriend. those make him seem like an evil person. absolutely wrong. all those things are consistent with ptsd and that's the problem. i've been practicing here in texas 26 years. the problem in texas is a lot of the investigators and the government, they start with their conclusion and then work their way back wards. and this case all these things are clear indicators and

symptoms of ptsd. they don't help prove their case. they actually help the defense. >> they may be. in terms of proving ptsd which is going to be the bar here phillip, you know in some instances, it could be argued that he did not really see action in iraq. he also spent some time in haiti. he was doing small arms repair in iraq. it's difficult to ascertain what makes one person come down with ptsd, whether they need to be on the front lines and see combat or not. that's going to be a difficult bar to reach here as well. >> i've had some experience in my own practice with people who suffer from ptsd and homicidal tendencies and things of that nature are not commonly associated with ptsd so right off the bat, there are significant problems and this will boil down to a battle of the experts. each side is going to bring medical witnesses, doctors,

psychiatrists, psychologists in to testify that you know the prosecution is going to say he did know right from wrong even if he had ptsd and the defense will say otherwise. here's the thing. he had the presence of mind to willingly get in the car with cries kyle. he had the presence of mind to pick up the gun, to fire it not once, not twice but five times into chris kyle and also to kill his friend. he had the presence of mind to steal his pickup truck and then he had the presence of mind and he knew right enough from wrong to run from the police. guess who runs from the police martha? it's people who know they've done something wrong. so whether or not he has ptsd is really not the issue. it is whether or not he knew what he was doing was wrong and i think the evidence on that point is absolutely clear. >> we have to leave it there. thank you sech for setting the table for us here obviously a tragedy and such a crazy and awful twisted end to the life of

chris kyle an american hero. thank you very much. >> thank you. >> thank you martha. >> 12 minutes before the hour. jon scott is up next. "happening now" at 11:00 a.m. eastern time. >> good morning, bill. president obama formally asking congress to authorize war against isis as the conflict spreads. are we doing enough? plus the death toll from the war in eastern ukraine is rising. how do we contain russian aggression? bob cusak joins us with more on his investigation into the irs targeting scandal. why won't the irs release the information? we've been covering the increasing issue increasing power on the issue of incoming inequality. politicians talk about it a lot but does it work? surprising answers coming up. >> we'll see you then. okay? >> thank you, bill. >> top of the hour. marine struggling with the effects of war taking his own life. now a bill to honor the memory of u.s. marine corporal clay hunt and help other service members who need it today who might be in the same situation.

we'll talk to his family live next.

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>> credited critical piece of information making its way through congress. the bill named for u.s. marine corporal clay hunt, an iraq and afghanistan war veteran who took his own life back in 2011. he was only 28 years old. susan is clay's mom and richard is his stepfather. good morning to both of you from washington, d.c. i can't imagine what this journey has been like. and i want to say congratulations on finally getting the done. you have my sympathies, too, for what you've been through and an

enduring memory for a lifetime. tell me about your son. what was clay like? >> that's hard to put into a short answer but just a great young man. i say he was a typical texas boy growing up and just loved hunting and fishing and just certainly was not a perfect angel all the time as most boys aren't but was just a delight and he just -- we miss him. we just miss that part of our family. >> but he lives on now with his significant legacy and richard just tell our viewers why this is necessary. >> well although it's named for clay and it's certainly been our mission and our passion since his death to carry this on it's

really about all veterans all those men and women who have served their country. clay is every man and so clay had -- was impacted by war. he came home a different person. he came home with some struggles and he tried to get the struggles addressed through the veterans administration that he had been promised. it would take care of him and he blefed in it. he had some struggles with that. there were some barriers that were unnecessary that could have, had they been taken away, perhaps could have helped him and so that's what this act is about. this is a first step toward removing unnecessary barriers so that these men and women can have ready, easy access to take

care of whatever it is that they're dealing with. >> and you've certainly put a spotlight on this but susan, will it change, will it help now those who need it? >> i certainly hope so. that's exactly why we've been doing this for a year and i.v.a., the iraq afghanistan veterans of america has just worked so hard to work with congress and draft the legislation and it passed unanimously in the house and the senate and the president will sign it into law tomorrow. we -- richard and i met with bob mcdonald at the v.a. spent 30 minutes in his office and feel very confident that he very much wants to see this bill enacted and we will hold their feet to the fire. not just us but i.v.a. and just

veterans grups who have worked so hard for this legislation. >> some estimates suggest 2200 vets die every day because of suicide. i want to give you the final word here. what are we to remember about clay today? >> hope. hope. what happens at the end of the day when an individual decides to take their life gives us hope. we speak to all veterans who are personally suffering or struggling or their families their loved ones. there is hope. the united states through its congress and tomorrow the president represents the united states of america, the people of the united states of america. >> thanks. >> we love you. >> thanks to both of you. job well done. >> thank you. >> thank you for your time. back in a moment.

>> terrific people weren't they? >> wonderful people really lovely parents. >> i'll see you on the radio. >> our day is not done. you can listen to us on the radio and i'll see you tonight on o'reilly. have a great day, everybody. jon: breaking news in the battle against isis. the president formally asks congress for the power to wage war on islamic state as we get intelligence that could make fighting the terror group even tougher. jenna: the president calling on lawmakers to, quote, show the world we are united in our resolve to counter the threat from isis. president will make a statement at the white house on his war powers request at 3:30 eastern time this afternoon. you'll see that on fox. in the meantime there's new word that our bombing campaign has done very little to slow the pace of foreign fighters joining