fun. >> and we'll stay right here for outnumbered on the web. click the overtime tab and we'll be back on tv tomorrow afternoon on eastern. "happening now" starts right now. go get it. >> we begin with a fox news alert. the white house preparing an appeal after a federal judge blocks the president's executive orders on immigration. >> this is just one day before parts of the plan was supposed to it begin. that is all of the news on "happening now". (speaking foreign language) >> they were murdered for being christians. pope francis reacting. and one terrorist warns that they will conquer rome. plus inferno in a snow storm after an oil train derailment causes panic. what caused this disaster?

seeking justice for famed navy seal chris kyle and his friend chad littlefield. prosecutor could rest the case today. how will the defense counter the dramatic video confession? it is all "happening now". so we begin with the battle of violent extremism and the president obama's refusal to invoke religion on the worry on terror. i am jenna lee. >> and i am jon scott. the white house with a three- day summit fighting isis extremism they insist on avoiding the mention of fate in describing the terrorist and their victims in the brutal

beheadings. john, good to see you. the president has not commented yet on the brutal beheading of two christians that you mention. he got back late last earnest and the white house getting criticism and in that statement it did not refer to faith at all. it spoke about egyptians being killed. vice-president joe biden later this hour will have a chance to comment on all of this as he opens the three- day summit on what the white house calls violent extremism. another official from the state department is getting ridicule for comments she made on msnbc suggesting that to beat the terrorist, you have to give them jobs rather than kill them, listen. >> we can't win the war by killing them. we cannot kill out of the war. we need to go after the root

causes that lead people to join the group lack of opportunity. >> we'll not be able to stop that in our lifetime. >> you can hear skeptism. she said the u.s. and egyptian and jordanian partners are killing terrorist, but through the social media and other tools, there are other issues that you have to attack in order to it beat isis long- term. and the former mayor guiliani suggested that the white house refusal to talk about faith is a problem, listen. >> it hurts in not being able to identify your economy and philosophically and academically and all that is important and fighting for the minds and hearts of the people, it hurts a lot. >> it sounds like democrats like bob men edez might agree. he put out a statement a short time ago and saying that the 21

innocent men were murdered, because of their christian faith, something that we hear from democrat rob men edez but not so far the white house. >> ed henry keeping things going there. >> new day for the defense secretary. ash ton carter and a top priority and has had to handle security threats facing america and the allies. jennifer griffin is live with more on this. >> hi jennifer. >> the new defense secretary has a lot on his plate. ash carter arrived in the pentagon at 8 o'clock this morning he then had a one-on-one with general dempsey and he was given the oath of office by the vice-president. >> the first to help our president make the best possible

decisions about our security and our secretary of the world. >> when he meets privately with the president this afternoon, the first crisis he will give his opinion on is egypt called for a u.n. coalition to fight isis in libya and in the wake of beheading of 21 coptic christians on the shores of tripoli. and the uprising began as part of the arab spring and france and europe pushed for the u.s. to get involved militarily. there was a meeting in brussels at the time and he was overruled by the white house and secretary of state hillary clinton. now egypt wants nato to top isis in libia. the interview with french radio today called for a u.n. backed force to stop isis. there was a warning that isis had set up training camps in libya. >> you are seeing isis training

sites in eastern libia. >> no the numbers are somewhere around a couple hundred is the estimate. >> reporter: defense secretary carter's first order of business is how to advice the president about military options for libia. the u.n. security council will meet tomorrow to discuss the way ahead in libya. jenna. >> thank you. >> the white house is saying it will appeal a federal judge's ruling that temporarily blocks the president's action on immigration. president obama's plan would grant amnesty to it 5 million illegal immigrants and expand the program to protect people that were brought here as general. and the president said 22 times he didn't have the authority to take action on immigration. it is no surprise one court has agreed. we'll continue to follow the case as it moves through the

legal process and hopefully senate democrats will now let the senate debate on the bill to fund the homeland security department. the judge's ruling clears the way for a lawsuit for 26 states that aims to stop that order. >> in the meantime dangerous winter storms and bitter cold gripping the country today. snow continues in new england. and folks are digging out from the fourth winter storm in a month. in the meantime parts of the south are getting slammed with snow freezing rain and ice. numerous car crashes are reported and widespread power out ages at the this hour. temperatures are are expected to drop to record lows later this week. we have team fox coverage. we begin with laura ingle who gets the pleasure of being outside today.

>> it has gotten colder with the wind chill. we woke up in new york city with below freezing marks feels like temperatures. we had a round of snow overnight. and that combination has had made traveling no fun for anybody out there in it. the new york city department of emergency management issued a travel advisory, the roads are dangerous and walking can be difficult with icy sidewalks. there is record- breaking temperatures. the record low temperatures of minus 10 degrees in buffalo, new york and that breaks an old record of minus 8 set in 1904. southern new jersey, some areas seeing five inches there. and the agency received a record number of calls in the midatlantic region including new jersey and pennsylvania with 12000 calls for road assistance in three days. the state officials lowered the

speed limit to 45 miles per hour on many enter thes. the flight tracking website reported over 4700 delays and over 1400 cancellations in and out of the u.s. states of emergency are declared in mississippi and alabama and georgia and north carolina and tennessee and virginia. that is where troopers responded to 500 yeks last night alone. 225 customers are without pour in georgia as crews work to clear down trees and power lines. this is a nice laundry list of things going wrong. the tourism office waved the white flag and advised visitors to check out the florida keys. the top of the website said that's it winter you win and we west anyone? >> and we appreciate the good

honest advice about what to do in your time. i will go up there and do cross country. that is firsthand experience. laura, come on in and lend me the jacket. many areas expected to see cold temperatures this week and we'll get the latest on the rad war. and meteorologist janis dean in the weather center. >> it is a puffy coat day. and laura wears it well. i may have to wear that later on. look at the arctic air that is making its presence known today through friday. look at that for the eastern half of the country. all of the arctic air. we'll set records we don't typically see this time of year. and chicago, tying a record on friday. and detroit looks like we'll break that record.

and louisville breaking the record and new york breaking that record. boston flirts with the record of 0. and thursday for the south records in nashville, close to it in montgomery and atlanta and looks like charleston not getting there until friday. and raliegh look at that it forecast on one. this is an epic cold event that we are witnessing. and looking at the radar the last storm system is finally existing and that is great news. we are in a troph pattern and that means the potential for more storms as we get in the latter part of the week. snow totals in kentucky. over a foot of snow and incredible snow totals for the folks in virginia and dc, 5.3 and shut the city down this morning. snowiest on record. getting near boston 95.7 and.6

at the second snowiest winter on record for boston and looking thursday it it looks like we could certainly reach that second snowiest by thursday as we see more now in the forecast. >> jon scott. >> i like it. >> i know you do, i will take it. thank you, janice dean. >> you got it. >> there is not a little bit of bah humbug in there for you. >> i like the seasons. >> in august, you will be wishing it was cooler. they don't like it not a fan of the cold. and wolg upon thult is senator marco rubio. if he runs does he have what it takes to get the nomination.

34rus two dozen people trampled to death in a mad rush for safety and we'll tell you what set off a panic.

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jack's heart attack didn't come with a warning. today, his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before your begin an aspirin regimen. >> an unmanned space ship. iss progress 58 successfully docked with the international space station. they are delivering more than three tons was fuel and supply for the station and six person crew including two americans. it launched from the the base in ka sisstan. the entire voyage lasts two hours. >> republicans jockeying for position. one person getting good reviews from donors lately is florida senator marco rubio. does he have what it takes to rise to the field.

gerald cy executive washington editor writes that rubio's case could be on the republican's political establishment are ready to break tradition by trying newer and younger and hasn't waited his turn. >> what do you think about that, jerry? what does could mean for the republican party and rubio's chances? >> you don't know until you know. republican party picks the republican choice. mitt romney ran before he was nominated in 2012 and george w. bush was the establishment choice in 2000. and george. bush and ronald reagan and mccain had run before. but the question is the republican party is enough in anti- establishment mood and

marco rubio represents it differently. not the establishment choice. >> you write whether or not obama formula works for the republican party. the democrats did this with a new senator, and he won as president and that doesn't work out so well. what about that side? >> you can argue it one both ways. barak obama won the presidency twice. but a lot of republicans say we shouldn't pick a young senator with only a few years experience in washington. is that a plus or minus. that is a great unanswered question of marco rubio. his author ship of immigration and envisioned a path to legal status for illegal will aliens. >> i don't mean to pause on you. the federal judge in texas putting a stop to it the

executive action and it is playing itself out in the halls of congress and in the white house. what do you think of marco rubio's stance and how it applies here? >> it got him in trouble in the republican party and he backed away from it. and we are not in favor of a comprehensive approach. we don't want to try the big bill that the senate passed and marco rubio proposed. and it starts with border security and that is where marco rubio is now. the question is will there be residual damage with what he tried to do a couple of years ago. we'll see, that is one question. and the counter veiling theory is that the party is ready for someone new and can speak to at this time hispanic voters. >> i would like to switch gears here and it ties in with whether or not foreign policy will be the focus.

the wall street journal talks about the letters of exchange between iran and the white house. the president sends letters around the world and iran is denying whether they were changed. this is a back drop to other headlines that we are covering whether it is isis or our way forward in the middle east and the nuclear negotiations with iran. you were jailed in iran several years back and that is quite an experience. i know we have talked about it. can you talk to us about the story and what it means and why we need to pay attention to it? >> the iranians are not denying the letter was received. >> they didn't say it back? >> it was a few weeks or a couple of months ago, not recent. but there is an exchange of communication between the president and the supreme leader

in iran. but the question is does it amount to which? people in the government don't think it does. and a lot of the content is a iranian grievances against the u.s. it is a new illustration and how this issue is rising. if you think about it in the 2016 context we were just discussing. foreign policy may be the issue by the time we get to 2016, the economy seems to be getting better and world conditions seem to be getting worse and the iranian question is a big part of that and that is an interesting aside to this. and it is something we are talking about. jerry, great to it have you in the program. thank you very much. >> a massive explosion in an residential area and this one has governors declaring a state of emergency and people are forced from their homes and so what caused the intense flames and heavy smoke.

but ceasefire in iran not going smoothly. what the government there is now calling for straight ahead. i'm type e. i know what my money is doing. i rebalanced my portfolio on my phone. you know what else i can do on my phone? place trades get free real time quotes and teleport myself to aruba. i wish.

>> at least 20 people are dead following an accident in a varnicala varn a varnicala varn a varn -- carnival parade in haiti. it happen in morning, a power line fell and electrocuting a man on to which a float. panic ensued when people jumped off to avoid being electrocuted. dozens are injured. >> the governor of west virginia

declaring a emergency after a poil spill send oil in a river. one home was destroyed in all of this. a thousand nearby residents had to be evacuated. doug? >> good afternoon, jenna. it is hard to believe only one person treated for respiratory problems. that is it for injuries, a remarkable thing considering one resident could feel the heat from the inferno a half mile away. the train carrying crude oil from north dakota to york town, virginia derailed yesterday afternoon. 14 tank cars were plunged in flames and one fell in the river and forced a water treatment plant to shut the water intake values. >> we were stopped on route 61. and got caught around 61 and there was a explosion and they are stopping all traffic.

>> nearby residents were evacuated and csx and red cross are assisting the resident. a thousand people were displaced but by late monday only 85 were in the shelters. it was extremely cold and snowing heavily at the time of the derailment. after a series of derailments back in 2011, federal authorities set new standards for rail car safety. all cars had thicker shells and enhanced top fittings. and critics of oil shipment by rail said this accident is a reminder of the need to ship oil by pipeline that has a better safety record. >> doug, thank you. >> the search for answers goes on amid this hour over the

worldwide beheadings of the christians by isis. catherine has the details next. >> plus jurors watched a videotaped confession from the man accused of murdering knave seal chris kyle and his friend. the defense said the defendant was insane at the time. will the jury buy it? how are ya? good. aleve. proven better on pain.

>> new details and the gruesome murder of christians at the hands of isis. evidence is surfacing that suggest the attack was coordinated with the leaders of iraq and syria and an eerie preview of the attack went viral days before the execution was released. catherine? >> reporter: as the intelligence community reviews the five minute video, there is new evidence that it was coordinated with the mother organization of isis in iraq and syria. it was released by the media which is the dedicated mouthpiece of isis leader in iraq and syria albaghdadi. it suggests they had their blessing. three days before the execution video of the christians execution was posted on web.

there was two men on the beach and showing coordination on the beach. this was seen by fox news. this follows the video of the jordanian pilot. by the time the execution posted, the pilot had been dead for a month. he was killed in early january and the isis negotiations for a prisoner swap was never serious or genuine. one. major jihadis in the video after the christians are killed. he is wearing the same uniform. it is meant to show communication between the groups. walid phares said it is striking. >> hundreds of miles away from syria and iraq, you have

jihaddist wearing the same uniform and the black execution uniform and the same way to display the victims and the slaughter. all of that is telling me it is a rise of a international organized jihaddist group. >> reporter: fox is told that a dozen isis operatives travelled from syria and iraq to libya and some have taken on a leadership role in that country, jenna. >> catherine thank you very much. >> in afghanistan, 20 people are dead after a taliban homicide bombers dressed as police officers attacked a police station 50 miles from kabul. one bomber detonated the explosion at the gate. and officials say the disguised bombers ran in to it the dining hall where officers had gathered for lunch. local officials call canned it the latest assault on security

forces that have been in control since u.s. forces finished the cam bat mission last year. >> and over in ukraine. teetering over the edge of the fighting. the ukraine government calling on eu and nato to condemn the refbles. both sides are to begin pulling their weapons from the front line by today and that hasn't happen. the russian backed rebels took over an important transportation hub in eastern ukraine. >> right now, we are expecting the prosecution to rest its case in the murder trial of a suspect who was accused of killing american sniper chris kyle at a texas gun range in 2013. prosecutors played a videotape confession of routh. he was rambling and admitted he knew what he did was wrong. the defense attorneys maintain

that routh was insane at the time of the shootings. we'll bring in doug burns and a lysse wheel. i want to read one of the statements he made in this confession if you will after the shooting. he said, i was going to it be the next one getting my head shot off. if i didn't take out his soul he was going to take my soul next. now, i should point out that they have the the audio of these. and the judge prescribed anybody from playing the audio outside of the courtroom and that's why we have to read those remarks. is he insane? >> legally insane only do you know right from wrong at the time of the killing. that is the only test it is no deeper than that. and what you read just could go both ways. it could help prosecution and the motive was to kill before

being killed. and the defense will say he was insane at the time. you can't look at one statement but look at other things that happen. fleeing the scene consciousness of guilt. he said he knew right from wrong. he said yes, sir i knew what i was doing was wrong and also said in another taped confession not on videotape, but audio confession, he said i killed them because they were just talking in the truck and not talking to me. that said motive and intent, you knew right from wrong. >> jon, i think that people are not realizing that the jury may not split the distinction. she is write in the academic classroom and legal theory just because you are mentally ill or have post traumatic stress disorder doesn't equate to being legal insane. but there is a lot of material

in the interview, first of all, you want to cherry-picking quotes. i fled. i didn't know what to do. i didn't know what was right or wrong. he said that. >> but he also said it would have been okay if i stayed. again showing me he anyhow what he was doing he was wrong. that is the only legal test here. >> he expressed a form of remorse here as well. this is what he told the texas ranger. i would tell them i am sorry for what i have done. if i could have done it differently i would have. >> remorse. >> how is he going to do it differently? >> not kill them. >> no to mean, the quotes will hit people different ways. i am not suggesting that i don't think they will secure a conviction, but i think there is a lot to work with as we say in court. >> is that part of the reason that prosecutors, well,

prosecutors are not going for a death penalty here which surprised me like a state of texas. is that because they have ten women on the jury. and women especially have problems applying the death penalty and convicting someone they know will be subjected to the death penalty. >> and that is important. the jury is not death penalty qualified. they were not asked the question. if you find him guilty could you put him to death. they know without being told it is not a death penalty case. >> people say it is not right to execute a person who is crazy. >> right. >> and if you put the question in the jurors mind of crazy and death penalty. >> crazy. >> that is a big issue and the supreme court addressed that. you cannot put to death somebody. but back to boiling right down to what level of mental illness

and is it enough to get a not guilty. >> the prosecution will have to say he had post traumatic. but a lot of people with that don't kill people. >> and a lot of people who are drug addled and he was smoking pot laced with ptb. >> that is a voluntary act. >> voluntary is not a legal defense. it is a horse race. but we'll see. >> prosecutor is resting today. and we'll see what the defense comes up with and we'll keep our viewers apprised. >> and news in our news rochlt attorney general eric holder making remarks that a federal judge in texas blocked the president's executive actions and this is what eric holder had to say. >> i think we have to look at

this decision for what it is. it is a decision by one federal district court judge. i expect and have always expected it is a matter that will ultimately be decided by a higher court if not a supreme court or the federal court of appeals. i would view as an interim step in a process that has more to play out. >> the actions by the federal judge in texas, does give texas and 25 other states to put together a lawsuit to challenge the president's executive action. and so the next several days very are something to see where the story goes from here. and this is the attorney general giving his opinion. a different show down for isis. they are showing a presence in libya that is a strong hold for al-qaeda. could the two terror groups end

up in a turf war? >> and who ever killed a mother in a road rage attack and how a crucial piece of evidence might help find her killer.

>> hi, everyone. i am gretchen carlsson. why having the can summit on extremist if they don't get to the root of the problem. and the alleged killer the sniper was arrested. we'll tell you disturbing things he said after the killing. i love to go behind the scenes in the west minister dog show so you can see the work getting those dogs ready for competition tonight. >> new air strikes launched against isis targets this time by egypt. they are flying bombing runs over libya in retalation for the

beheadings of the 21 coptic christians at the hands of isis. >> they are concerned about the expansion of the isis state as affiliate groups are spreading in afriia and beyond in territories claimed by al-qaeda. john is senator of the long war journal and keeps close track of all of. this and so isis sprung out of the chaos that we saw in syria and moved into iraq and now all of the sudden, it jumped the red sea and in north africa? >> keeping in mine. there was a pipeline for jihaddist. they are sending foreign fighters to attack american troops. they have sent them back to libya to establish the beach head in north africa.

it is a natural progression of the war against u.s. and other allied troops. >> isis has battalions made up of the libyans. they fought on behalf of iraq. >> and they are going to butt heads in libia. >> there were misreports last year saying that isis had taken over a city of hundred thousand. what they ran into al-qaeda loyalist and they got into skirmish with isis and they control more territory than isis. >> they don't get along? >> they fight each other. they are jihaddist rivals at this point. all the way from syria to libya they are fighting each other. >> i hope they both use. isis tends to recruit the worst

of the worst. >> isis is the caliphate and you will do what we want you to do or we kill. al-qaeda is trying to portray itself being moderate and composed of how to reign in jihad trying to embed themselves in society. we know where isis is. al-qaeda tries to conceal its hand. >> that is not a good thing. isis we know where they are because of the horrific acts because of the beheading of the coptic christians and al-qaeda we are not sure. >> look at the 2012, no one in 2012 or 2014 said the leader of the group met with osama bin laden and adopted his methodology. he was an al-qaeda operative they are hiding their hand. >> egyptians are going after them in libya based on the

killings of the coptic christians. do you think the momentum will be maintained? >> they are not only hitting isis but al-qaeda too. and one. irony going after jihaddist that are fighting each other. it is not enough to take care of the problem. >> and the long war goes on. >> tom, thank you. >> and back here at home opening statements in the trial of a man accused of plotting an attack on the new york subway system in 2009. he was the head of a terrorist cell ine england. he denies being a member of al-qaeda. the first prosecution witness will be a man who played a part of the plot. >> police search for who ever gunned down a mother of four in cold blood. now the victim's kids are

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a spring jill planned tonight for a mother of four murdered in an apparent road rages attack. tammy meyers was shot in the head last week. >> well, jenna right now no suspects, no arrests, no one in custody and detectives are not sharing any details. so the family is doing what they

can. she she -- spending countless hours in the garage turning sheet metal and an old chasis into a work of art. her pride and joy was a 1964 el camino wagon. >> when a person gets arrested will you be accused, you can come and pick the car up my dad's put everything into the car with my mom. i mean they both worked on it. >> so far police have already release two pieces of evidence. they release two videos of the suspect's gray four-door sedan. police say myers and the system were involved in a traffic altercation.

the two argued she drove home, she was afraid he followed her and killed eded myers when she got out of the car. tonight a vigil is planned at the statement school parking lot where tammy taught her 15-year-old daughter how to drive before the road rage incident rather that took her life. >> new reaction to a federal judge's decision to block president obama's orders on immigration. a big bump in miles. so this is a great opportunity for an upgrade. sound good? great. because you're not you you're a whole airline... and it's not a ticket you're upgrading it's your entire operations, from domestic to international...

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are you ready to blast off to mars? >> i can't go anywhere not even to town. >> you can go to mars, but it's a one-way trip. still plenty of people have already packed their bags. the dutch nonprofit mars 1 is naming its 100th finalist for the program to settle a colony on mars. men and women will leave earth to spend the rest of their lives on mars if everything goes according to plan. the first team of four is to blast off in 2024. with more following every two years after that. >> what do you think about that? adventurous individuals? >> never gonna happen.

>> we're glad that you spent the day with us and you're not blasting off to mars. the real story with gretchen carlson starts now. so the whus kicking off a summit that's supposed to tackle terrorism. a lot of people don't think it will do anything. no dishing video just shown in the trial of the kill of of chris kyle. have you ever wondered what it takes to be top dog. hi, everyone i'm gretchen carlson. that and much more on "the real story" starts right now. in the fight against what the administration is calling violent extremism. so the event comes just days