d overtime. slash and click, go to the web fox news.com/overtime and we'll be back noon eastern. and "happening now" starts right now. >> wo start off with a fox news alert. new reaction from the white house to the crisis in yemen. >> the obama administration said that u.s. department of defense personnel will remain on the ground and carry out counter terrorism operations necessary to keep americans safe. we are covering all of the news "happening now". could americans so violence like this here at home? congress focusing on the twin threats of terrorist abroad. >> these fanatics want nothing less than the destruction of our way of life. >> and dangerous extremist living among us. and war in cyberspace. how do we prevent it or fight it? >> it preponderates a challenge

to the nation's critical infrastructure and government system. >> now a new center to connect the dots and save the americans from a 21st century threat. >> two people don't just vanish. >> a night on the town turns in a decade- long mystery. >> their family and friends have not seen them. >> someone has. >> this happy couple vanished without a trace. >> i want my daughter to come home. >> a search for a break in a very cold case. it is all "happening now". >> and we begin our second hour with the president asking congress to authorize military force against isis and opening the door to a limited ground combat operation, the commander in chief could face push back at home especially from the members of his own party.

welcome to "happening now". i am jon scott. >> i am jenna lee. this is the first time a president sought congressional approval for military force since congress gave president bush the go ahead to invade iraq. our president will make a statement on the war powers request he sent to capitol hill. it will give president obama the power to provide options for troops on the ground. the president faces doubters from the republicans and democrats. this is coming as the house homeland security conducted a need on the countering the theft violent extremism. our chief congressional correspondent mike emmanuel is on capitol hill and we start first with white house correspondent kevin court. >> reporter: good afternoon to you. it is interesting that the white house is saying from the very outset, they don't envision

long- term large- scale offensive that we have seen in iraq and afghanistan. however, the language in the request is intentionally vague. just moments ago, we heard white house press secretary josh earnest saying it is fuzzy because the president needs to have flexibility to react to changes and circumstances on the ground. >> we believe that it is important that they are not overburdened constraints on the commander in chief to be able to response in a chaotic military conflict like this. >> i want to make sure the commander in chief has what they need in making sure they defend the enemy. you don't limit them in terms of time and the names of those who are finding. joishgs the senator from wyoming making the point. the white house is clear about

the need for geographic flexibility. the debate will carry on several months as congress makes revisions and gets a lot of chances to talk about it as they do on capitol hill and that is poke holes in weak arguments and makes changes and additions along the way. >> kevin thank you. >> the president's proposal comes as law makers on capitol hill are looking closer at terrorism. the homeland security investigating the threat from isis and al-qaeda. mike emmanuel is live on capitol hill with more, mike? >> reporter: jon, the chairman mccaul said we are talking about brutal terrorist armies. >> they are barbarrians and i think that the barbarrians are at the gate and we want to keep them outside of the gate of the united states. i'm concerned that some have

already returned. we know that there are 50,000 isis strong and we know that foreign fighters have gone from 15 to 20000. >> reporter: the homeland security hearing dealt with preventing terror travel and home grown terrorism. mccaul said 5000 foreign fighters have western passports and hundreds of americans have travelled to the region to fight with isis. the top official dug into the numbers. >> our united states and allies are concerned with the 20000 foreign fighters we assessed travelled to syria from over 90 different countries of origin. bee assess 3400 are from western countries and that number includes over 150 u.s. persons either travelled to the conflict zone or attempted to do so. >> following the horrific videotape murder of the jordanian pilot there was

concern about slick and brutal propaganda attracting the recruits. >> those inspired by the ideology of isil and al-qaeda and other groups are a concern. we look to the threats and we can't take a myoptic view. each terrorist attack reemphasize a global reach of terrorist activities. >> reporter: i should note that the the state department upon did not sent upon a representative to testify even though that department plays a key role in combating those threats. jon. >> mike, thanks. snrs our focus on the middle east we turn to eastern troph. 600 paratroopers will go to ukraine to train the ukraine national guard troops. this comes as peace talks get under way to try to find a way to end the violence in that part of the world. amy? >> reporter: hi jenna, the deal that was struck in the

belaerous capitol didn't hold and really there is no indication of what could make it different this time around. to give us the nature of the infractability ukraine will demand all foreign fighters will be withdrawn from their soil. pro russia rebels seized more territory since the last accords in russia and they will try ahead of a deal to redraw the border was ukraine yet again. and the german chancellor felt she couldn't live with herself if she didn't give diplomacy one more go. she is the only western leader to have a decent relationship with russian leader vladimar putin. many say she has little leverage. and the violence spiked in ukraine. a bus station was shelled and a bus driver died at the wheel

as his vehicle burst in flames. five others were killed and one of the deadliest attacks on the ukraine soldiers and 19 killed around a town they are trying to take. it is 30 miles away from the front line was hit. and seven civilians were killed in a rocket strike a place where refugees once fled. the ukrainian president paid a visit. >> somebody don't like the peace. somebody wants the war. somebody wants to killing the people and having war and aggression against peaceful ukrainians. >> reporter: jenna, one mother interviewed this morning in the rebel strong hold of donetsk is so frustrated by both sides and she would like to see a solution as all of the leaders get locked

in to a room and they can't leave until they solve the problem just like they do in the vatican when they elect a new pope. >> interesting. amy thank you. >> and a vote for war against isis and ukraine. hillary clinton, remember the 3 o'clock a.m. phone call ad. she might not face opposition among the democrats. politicalo refers to it clinton democratic rivals as best fre- enemies. they have refused to utter a critical word about hillary clinton. we'll talk about why. we'll talk to rebecca and aaron. welcome to both of you.

aaron, do you agree first of all with the premise that hillary is not taking much heat from the democratic challengers from 2016? >> she is not. that is not terribly surprising and the campaign has yet to got off of the grouped politicians know that the clintons keep score and they know who went after them and they use it as leverage against you. and unless a candidate will run against her and get traction and hillary shoes vulnerability i don't expect them to go after her. there is vice-presidential slot and cabinet if she is the nom notice. it is too early to go after her unless people think they can beat her. >> when it comes to political campaigns, negative ads work. and so why doesn't negative campaigning at this point.

why aren't they tearing hillary down? >> the candidates may not be running for president as vice-president and looking at scoring a cabinet slot from hillary clinton if she is appointed president. they are not dumb. they see hillary clinton leading 50 points which is a ton and unprecedented. you have someone that goes in the race maybe not thinking he could win but expanding his own brand and looking down the road improving his standing. but taking on hillary clinton directly for someone who couldn't beat her is a dangerous game to play. >> you mentioned her rivals might score a cabinet. has that happen when the number two finisher got the secretary of state job?

yes tdid back in 2008 when barak obama won the presidency. he was referring to hillary and the questionnaire asked about weather voters considered her likeable. >> he is very likeable. i agree with that. i don't think i am that bad. >> you are likeable enough, hillary. >> thank you. one of the memorable moments in the campaign. he sliced her kindly. is that the approach that potential rivals have to take? >> i don't know if they will go after the likeability anger if you see a concerted effort against her twill come from the liberal wing of the party and the clinton ties to wall street and what happen in the previous clinton administration and things like that. but i don't really see that as

an overriding line of attack as far as her being likeable enough. that is a personal attack for someone to go after her with. and i think you know, it is interesting that the obama administration chose her for secretary of state after the hard fought campaign. i don't know if the clintons would have done the same thing if the rules were reversed. >> rebecca the experts say the rough and tumble of a campaign in a primary helps to prepare you for the general election when the candidate of the other party will come after you. if it there is a coronation of hillary clinton, is that going to hurt her when it come tots general? >> it is important to have the democratic challengers to step up. there are not many of them. jim web and martin omally. and the role that martin o'molly

can be a credible challenger even if he doesn't cross the line of personally attacks her and hurt her in a general election. he can play a credible foil and so voters said she had competition and she had to answer tough questions and it is not a coronation. >> and we didn't bring up joe biden's name. >> and mysterious death of a prosecutor in argen tina. and what they found in the apartment and ordering new dna test from the judge. >> new details in the man who was accused of spotting a popular sportscaster in his home. >> and income equality. go to fox news.com and click on america's asking to join the conversation.

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>> there is a now twist in the mysterious death in a prosecutor in argen tina. alberto was found dead in his apartment hours before he was set to present a report to law makers detailing conspiracy. they have found dna in the apartment. they are checking for a match. >> police in san diego trying to find out what sparked the shooting of a well known sports caster. he was attacked yesterday afternoon outside of his home. the man suspected of pulling the trigger was taken in to custody. they are following the story william in >> jenna, considering the

gunman. and they are removed his leg and stomach, the 48 year old sports caster is in stable condition. police will release that information later today. he was pulling out of the van when a man with superior painting on the side gets out. he is hit and they come outside and the van raced away and they are screaming oh, my gochltd and emotions are so gripped. that is coming every night and i feel like i know them. >> police put out information on the van and the swats surround

the house or rather the shed that mike montana rented and he surrendered. he wore a beanie and a paint splattered sweatshirt. >> we were able to get a dangerous suspect in custody relatively quickly and no one else was hurt. >> we don't know why shoot a sports caster unless it was personal. did they have a business dispute or shared ashes quaintances and how did they know where he lived and what he drove. for thousands of vowers he is the face of san diego sports for a decade. prosecutors booked montana on attempted murder charges and hopefully we'll know motive later today. >> i hope he is going to be okay. >> a horrific case out of the cleveland, ohio. an 11-year-old girl is accused

of a beating death of a two month old baby. the girl's mother was baby-sitting. the little baby had jurisdiction on her arms and neck and head. the 11 year old girl accused of her death is under custody and undergoing a psychological evaluation. >> new details about the rescue attempt to save kayla mueller. our next guest said there is only way to stop hostages taking. >> from his bank of america savings account to his merrill edge retirement account. before he opened his first hot chocolate stand calling winter an "underserved season". and before he quit his friend's leaf-raking business for "not offering a 401k." larry knew the importance of preparing for retirement.

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>> we are watching the news of

the measle's outbreak here in the united states and news in the bay area. and in and out of san francisco which is the bay area rapid transit. and the people on the train were exposed to the measles. as we reported to you, measles is highly contagious and this is a big concern. health officials are putting out a warning and they could have been exposed to measles and we'll keep you posted as we hear more on this. >> house law maker ares set to take up the keystone pipeline bill later in the house. it could face opposition from conservative law makers because it contains a provision saying

climate change is not a hoax. president obama said he will veto the thing. it will create thousands of jobs and opponents say it will harm the environment. there is a failed attempt to rescue hostage kayla mueller. bite time the rescue mission was carried out hostages had been moved. the family and friends are mourning her death in the hands of isis. there is another american hostage that is at risk. >> we are aware of american hostages held in the region. i will not get in the specific discussions principally we don't think it is in their best interest. >> and chief of counter terrorism. you can say it is misleading to

say we don't negotiate with terrorist, why is that? >> the truth is that we are negotiating with hostage takers including terrorist and others for decades. you have to engage with them once the hostages have been taken and if for no other reason to buy time with yourself and deal with the hostage taking if you can and get the hostages released. it is very misleading. and we try not to give in to the demands and outcomes of the additional hostage taking. and difficult to get the americans out from the clutches of isis. and the overall emphasis. we have to destroy the organizations and take the hostages in the first place. it is a wide range of tools whether it is law enforcement or

military. and as long as there is terrorist organizations. hostams are going to be taken. and overwhelmingly these stories do not end happily. and unfortunately it is a terrible human tragedy. >> we are heart broken by it. we heard that news and no it hits you you mentioned options available to us.

and what a option to make isis see that. >> to make it a thing of the past and again first of all we have to recognize fighting the ideology and fighting the radical islamic revolution that enrolled tens of thousands and if not hundreds of thousands of people. and some have taken the battle field. and who knows what tomorrow? we are fighting a ideology and have to recognize that and take this battle on the offense. you don't win on defense. and fine. maybe they exist always.

and what can we do to make them not a threat against us. >> and it is fight nothing all levels and engaging them through law enforcement and special military operations and to stay ahead of them through outalizing all of them and what they are planning and tried to interdict them before they make the next moves. and doing all of that in a sustained way and making it a cornerstone of our policy and having an intelligent policy and sustaining it from year to year and decade to decade. if you look back historically and in a pre9/11 environment that is something we didn't do. we didn't have a sustained policy. >> not only fighting isis and coming together for a strategy

to do what we say you accomplished. >> thank you, gen a. >> millions of americans depend on the internet to stay connected and warnings on capitol hill for warnings that the obama administration could hope doors to billions was new taxes and the latest fallout in the sony hacking case and other cyber breeches. a new government agency to be created for a monumental task. >> and shutting down the rising security concerns as personnel are forced ta to evacuate. dominique wilkins, are taking charge of their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss but it may help you lose some weight.

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insurance. >> we brought this news to you yesterday. the u.s. is shutting down the embassy in yemen over security concerns. the dangerous situation is forcing u.s. personnel and marines to evacuate. there is questions about what is ahead in that country. conner is live in jerusalem with more. >> reporter: yeah, jenna the situation in yemen getting worse. the uk and france shutting down their embassy and the u.s. lost vehicles and equipment to rebels that was taken after the ambassador left. the current u.s. backed government completely collapsed

when the iranian rebels stormed the palace earlier this winter. the president and his cabinet there resigned. the u.s. military views yemen as a counter terrorism. and there is no question as a result of the political instability in yemen and counter terrorism capabilities have been affected. i couldn't stand up here and tell you they haven't been. of course, they have been. >> reporter: even though the insurgent groups are not allies and the country is collapsed and fears of a wider civil war and descend in more chaos. this has a lot of different groups concerned. obviously it hurts the u.s. counter terrorism operations. it is a big problem for the

region that is already in the middle east suffering a lot of problems and a lot of instability at its doors. >> conner thank you for much. >> and a show down over the regulation of the internet. it could be new taxes and regulations. shannon bream has more from washington with that. >> reporter: jon the debate boils down to this. how much regulatory control will the government have over your access to the internet? broad band service provides the onramp and needs to be fast, fair and open and he said providers can't be trusted. >> we know from the history previous networks that both human nature and economic

incentive act together to encourage network owners to be gatekeepers that prioritize their interest above the interest of their users. >> fcc commissioner warns that the massive regulations that the fcc drafted and released to the public before the commission votes go farther than the chairman is publicly representing. >> one of the reasons i am outspoken about the transparency. this affects the entire internet economy. do you think that the american people should be allowed to see the 322 pages before the fcc votes on this. of course. we should release it to let the public see what is in there. >> reporter: there is enormous pressure from the white house including the remarks of what the fcc will be doing.

they will meet the president's goals and without goet giving the fcc so much regulatory power. they told us that the administration is actively urging democrats not to sign on to those efforts! other big battle ahead. >> the cyber attack of sony pictures and target and home depo. there is a creation of a new agency to monitor cyber threats and how they share information. and for more, he's testifying on capitol hill regarding the obama care website. morgan, it is nice to have you and here's the name of the agency and the integration center. it is going to be held within -- already established branches of government and it is supposed to help coordinate from other branches of government as well. and supposed to be funneling all of the information whether from

the cian and national security agency. is this a good idea or creating more bureaucracy? >> oh, my goodness. i spend a lot of time on the department of justice and 18000 law ennorsement agencies. while good in theory and in paper, the devil is in the details and the security of the information and the privacy of the information and who is in charge? they said the director of national intelligence will coordinate. this if everyone is in charge no one is in charge. this appears a one way sharing of information and private sector share information about them. but where do they share back and not share with them after they are under attack. >> among them this aenls within an agency and this new department could be a target itself for hackers or anybody else who wants the best

information out there for what is going on in the u.s. >> the issue is personnel security. and where this information is coming from. you and i talked about the nsan and edward snowden. and private sector companies that are parted as part of the nsa companies that are reluctant to share information back to the government because they don't trust them. they have a marketing issue and trust issue before the center gets up and operational. >> what about private companies sharing information from the government and the president is saying, can you share the information that you have and we can be better? do you think that that is the role of government. and should private companies share the information or do they owe their loyalty and their information to it their share holders and not necessarily to everybody else?

>> yeah, i think neal cavuto would answer the later and not the former. the thing is, jenna there is stuff in place already. it is the financial services information sharing analysis center. that was started. and they have shared among themselves to better address cyber threats. that is one of the areas for cyber security. but the role of government should be around research and development. you have institute developing the cyber framework for critical structure. and they are putting together best practice and they have a framework and control if you are going to protect your system this is the best way to do it. it is a living document. that is better to do it rather than another center that needs to be funding. >> and you know the acronym is

unavailable. and real quick before we go. one thing that the government could do to go on the offense and make the american public safer when it comes to cyber threats? >> research and development. and unleash. dafra created the internet and get them back and fund money and research and development and share the results and share it with the private sector so they become secure. if i am putting money in something and give us the latest and greatest defense fold to get for the infrastructure. >> we'll see if we get that. >> it will, thank you very much. go ahead, jenna. >> and an enduring mystery. a man and his girlfriend vanish without a trace and two families are wondering what happen to their loved ones ten years later. >> all of our lives have been taken from us and we don't know

how to live each day without them. >> two people don't just vanish. their families and friends have not seen them but someone has. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

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>> i am grechon carlsson. and the presidenta request to use military forces against isis. and whether quite endowering offensive ground operations is the right approach. and chris kyle's wife on the stand in. i spoke to her. and several dangerous close calls with drones and planes this weekend. is a crash just waiting to happen. don't miss it all at the top of the hour. >> the fbi is hoping a new look can help to solve a cold case.

>> richard patron and his girlfriend disappeared of a night out in philadelphia. they were last seen leaving abilene bar heading for her house in new jersey. they have not been seen or heard from since. their bank account untouched and cell phones went dead. >> we have a spokesman for the fbi. jj good to have you with us. no sign of them in ten years and why reopen the case now? >> it is not a question of reopening. we never closed the case. we are taking the initiative look at it between us and the philadelphia department and burlington county prosecutor. and the police department. we want to make sure in ten years and in all of the leads. and is there anything new to

explore. there is a lot of avenues in this investigation. and they never gave up on this. and it is taking a fresh look. and they will generate new tips and leads to an area. >> i said pretty much everything that you know at this point. they were last seen leaving the bar and walked out together and no fights and they absolutely vanished right? >> that is correct. and there is evident to go on. and we don't know where it was and back to it new jersey and that is where it is. and we have gone down on a lot of investigative areas and searched the areas. and never turned up anything positive.

we hope it will spark something new. >> that image of the truck. it looked like a murder for dakota truck. in the beginning, we thought it looked for a murder for hire. have you backed away from that suggestion? >> the prevailing theory based on everybody's expertise and the investigators involved this was not a crime of convenience, that somebody was stumbled on them. we also think that it's unlikely that one person acting alone without anybody else's knowledge could really pull this off. so it's really at this point we're playing odds, we're looking at all possibilities, we're not ruling anything out. that certainly is a possibility and all the people we have talked to and interviewed, unfortunately, we have not gotten that one break that we need.

>> we know there's a reward out. thank you. one city taking a stand against obesity with a ban on sugary drinks, could this ban come to your town?

and the first city in the nation to pass a law taxing soda in an effort to curb obesity has many wondering whether this will become a trend. claudia? >> reporter: famous for its university and birthplace of the free speech movement berkeley california is seen as a policy trend setter by some and the ultimate nanny state by others. >> it sends a message. >> berkeley mayor tom baits says

what many here think that government is obligated to legislate better health habits. berkeley was the first to implement nonsmoking section curb side recycling and in 1979, protest apartheid by divesting public funds. >> they don't necessarily reflect the type of voter base that you'll see in any other part of the country. >> salazar says what passes as responsible legislation in berkeley is seen as political correctness run amok everywhere else. >> they recently passed legislation to provide free marijuana to poor people. these aren't exactly the ideas that are going to be catching

fire all across the country. >> reporter: yeah, probably not in fact efforts to pass a soda tax for instance failed in new york and in san francisco. but up next here in berkeley, a law requiring -- right on the nozzle, a tactic clearly designed to make people feel guilty when they fill up their tanks. >> we are waiting to hear from president obama as he asks congress for the authority to wage war on isis. lawmakers have questions about the use of ground troops. plus a final salute to an american hero. we remember the last surviving officer of the uss "arizona." of great-tasting ensure. 24 vitamins and minerals antioxidants and 9 grams of protein. [ bottle ] ensure®. nutrition in charge™. ♪ stouffer's mac and cheese with real aged cheddar

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the oldest living survivor and final officer from the uss "arizona" has died. he was he watched the arizona explode and sink, taking more than 1,000

shipmates down with it. and then he helped pull sailors to safety and had to recover some of the bodies. a true american hero, joe landell was 100 years old. >> thank you for joining us. the real story with gretchen starts now. 90 minutes from now, president obama will address his plan to take on isis, he's going to do that at the white house. the president asking congress for a three-year authorization to night the terror group around the globe. but lawmakers want him to clear up some wording in the resolution, especially over the use of ground troops. it leaves limited option for ground troops to take action against isis leadership, gather intelligence and for rescue operations, especially after the death of the jordanian pilot and american kayla