>> make sure to tune in this weekend, fox news reporting special, bret baier will host it. the democrats coronation or confrontation. looking at hillary clinton's chances and some of the other democrats that may emerging in that field. check it out this weekend on fox. >> nice to be here. >> stay warm. >> you too. >> "happening now" starts right now. jenna: the u.s. now laying plans out for a major military offensive against the heart of isis. there is a plan to help iraqi and kurdish forces retake a city that is a hub of terrorist activity. hope you're off to a great friday. i'm jenna lee. jon: i'm jon scott. we're talking about mosul. 2000 isis fighters control that city. a top military official tells us shaping of the battle is underway with the u.s. expected to support thousands of iraqi troops especially from the air. leland vittert following the story from washington.

what is the latest leland? >> reporter: jon, the military normally goes to great lengths to keep battle plans secret. what is stunning they're making all of this public. this wasn't a leak. it was a planned conference call with reporters by u.s. central command. this all centers around the critical city of mosul, site after embarrassing defeat for the iraqi army last year. they say they will have the iraqi army ready to fight by april or may. it calls for 25,000 iraqi troops to attack mosul. the kurdish peshmerga will operate as blocking force to pin isis down. u.s. soldiers and marines are training 3400 iraqi solders to be part of the attack. >> isis is not stupid. they know the centerpiece of any counter offensive is mosul. they have been preparing for weeks with ieds and likely booby-traps. we cut off lines of communication into mosul with

air power for a number of weeks. isis knows that. they can see that happening. they know an attack is coming. >> we are aiding and abetting enemy. i do not understand why the president and administration want to aid and abet the enemy. it will exposure forces to certain risks because they use a lot of defensive preparations , ieds positions knowing an attack is coming. >> meantime u.s. and coalition air power continue to pound away at targets. problem is old military adage you can not occupy ground from the air. isis changing tactics making airstrikes less effective. from a strategic standpoint this public battle plan could go two ways. some isis fighters could leave abandon their posts out of of fear before the attack. or it gives enemy more time to prepare defenses with the new timeline. it appears to be a risky bet. the timeline is important.

the muslim holy month of ramadan begins mid-june. the military hopes to have it back in iraqi hands by then. jon: let's hope they can pull it off. leland vittert. thank you. jenna: now to the conflict in ukraine. the government accusing of russian backed separatists ignoring a cease-fire that is not even a week old. they say rebels launched dozens of attacks over the past 24 hours and claim moscow is sending more tanks. greg palkot is reporting live from the ukrainian capital of kiev. greg. >> reporter: it is not looking anything like a cease-fire in eastern ukraine. following defeat of the ukrainian military the by russian-backed rebels in the strategic town of debaltseve. the fear is after this week's success they could move north and west and get to more territory. more alarming as more shelling is elsewhere, ukraine says

russian troops and gear are crossing the border from russia into ukraine trucks full of russian troops and ammunition and 20 tanks and 10 mobile artillery units. all of this heading towards the outskirts of the biggest government-held city in the east called mariupol. already where there is fighting and another front could be opened up. in kiev they're marking first anniversary of the bloodiest day of the revolt which left over 100 people dead and led to the fall of the corrupt and russia-backed government here. ukrainian president petro poroshenko will be appearing asking folks to honor a silence. he might pet get a mixed reception. last year has seen loss of crimea region ukrainian economy tank and war in the east. we asked a few people out in the scare today, was it worth it. >> the people that died here they died not for money, not for

something material. they died for our country, for our future. >> we have to do it. >> we have to do it. >> we need to fight. we need to fight. we need to stay strong. >> i think it is cost. it is very bad cost. very hard but unfortunately i don't see another way. >> reporter: still the person getting most of the blame among the people that we spoke to today for the past year of trouble, russian president vladmir putin. it wouldn't have been easy without him this past year but perhaps the mood would be a little bit more upbeat and the crowd gathering behind me and we're seeing them there right now in maidan square. back to you jenna. jenna: greg palkot in kiev. thank you. jon: from america's election headquarters new jersey governor chris christie might be losing ground in the crowded field of potential republican presidential candidates. many donors in his home state apparently are defecting to

jeb bush. bush has been quite aggressive in locking up big bucks for a possible campaign. let's talk about it with guy benson, political editor for townhall.com and a fox news contributor. richard fowler is a democratic strategist around radio talk show host. guy, to you first. we are more than, well, almost two years away from electing our next president. chris christie apparently feels that if he is going to get into this race he can to it on his own time and his own terms he doesn't need to be about the business of locking up big donors and raising funds right now. does he have a point? >> well you're right there is a long way to go. we're what six, seven months away from the first republican debate in this primary and no one formally declared for the presidency yet. i'm from new jersey. i'm a fan of chris christie. i think he bring as lot to the table when it comes to leadership. i think he has done a lot of good things for the state but i will be first to admit he had a rough stretch last number of

months. look at numbers in new jersey they're underwater. his negatives are worrisome high among national republicans if you're in his camp. so i think when you look at chris christie and you look at these donors i think what the national donor class wants is to bet on a strong horse and he may have looked like that strong horse maybe 14 months ago less so today and the bush juggernaut absolutely taking advantage of that. jon: he has been, richard, his own man when it comes to running campaigns. he has won two elections in a very blue state. can he prove to republicans that his maybe slightly unorthodox style might eventually work for him? >> listen agree with guy on this one i don't think he can and here's why. look at record for state of new jersey, the first thing you look at is jobs. the state has lost thousands of jobs. this election more than anything else, you talk to my viewers at fowler show, about kitchen table issue. which candidate can inspire hopes and dreams of americans

and chris christie just can't do it why donors are running away from him as fast as possible, right? they see jeb bush possible contender with part of the party brass and chris christie will have problem connecting with the tea party base of the party. as the gop moves farther and farther to the right chris christie will have harder time connecting with them, connecting will be key in the primary and general election. jon: guy talk about that, last premise, first of all is the gop moving father right? >> look, what we're talking about is the donor class, which i don't think is move being farther to the right at all. yes there is conservative base. anyone who wants to the win the republican nomination especially in field will have to win the trust of the republican base. christie will have policy issues he has to get over the hump there. there is no denying that. to write this off say this is over, like i said we're months and months away from the very first debate in the lengthy process i think it is very mature.

economy in new jersey is lagging behind some other states but has improved under christie's leadership. he will have a story to tell. the question will he have money and backing to tell it? jon: richard long been said that the republican candidate who scares democrats the most is chris christie. >> here's the thing. where i disawith guy. donors follow what the base is doing. donors follow polls. donors want the best bang for their buck and they know chris christie isn't it. it is early, jon, we're almost a year out from the first primary election. doesn't mean the donors are not making a decision. doesn't mean the party is not making a decision. the base to the right as guy said donors will figure out where we get the best bang or four buck, where is our best investment? right now that investment isn't in chris christie. if you think about casino odds, this guy can't even keep atlantic city open. he has big problems on his hands. jon: guy, if he is going to run, does he have to, you know get on it start raising money

basically become a semiannounced candidate? >> he sort of is already. he is raising money for his pac. he is raising money he has a lot of chits he will call in at some point. he was republican governor association chairman in 2014. he traveled across the country and helped a lot of republicans get elected. republicans now control 31 out of our 50 governorships. christie helped with a lot of that. so i think that christie money he is never going to come close to what jeb bush is raising. that is very clear. i'm not sure anyone is in the primary contest but he needs to have enough money to stay in this thing and start building his case face-to-face with retail politics and strong debate performances. right now he might be floundering a little bit. there is still time to right the ship but that door eventually does start to close. jon: a little bit later on we'll talk about potential democratic frontrunner in the presidential race. that is coming up on "happening now." guy benson richard fowler.

thank you both. >> thank you jon. jenna: also happening now, the trial of the former marine accused of murdering "american sniper" chris kyle and his friend chad littlefield is moving closer to the jury of the defense resting its case yesterday. attorneys are pursuing a insanity defense for eddie ray routh. prosecutors are recalling rebuttal witnesses to the stand. casey stiegel at the white house with more. casey? >> reporter: jenna that already started to happen. we're hearing today from at least two different doctors who will be, they have been hired by the state. they're mental health experts in forensic psychiatry and psychology meaning they specialize in these criminal cases. they have gone over all of the evidence and the medical records. they have personally evaluated routh since he has been behind bars and both men will testify that the 27-year-old former marine is psychotic in their opinion. however they believe it was induced by quote excessive marijuana use.

the prosecution's goal here is to tear down testimony that the jury heard yesterday from a defense witness dr. mitchell dunne, on the stand. he told the court routh was schizophrenic and did not believe drug use was to blame. dunne testified that the defendant told him he believed chris kyle and chad littlefield were quote, pig assassins and that they were going to turn on him. dunne said quote, he thought he was going to die. if he didn't take care of business and kill them first. if he didn't take care of business and kill them first. meaning in routh's mind it was self-defense to which dunne said, if you're going to be killed, then you have the right to defend yourself. he defended himself. we're told closing arguments will likely begin monday and that is when the jury could also get this case, jenna. jenna: casey, thank you. >> reporter: yeah. jon: well, police are revealing some crucial new details as they

search for a woman who was last seen leaving a florida bar. what investigators are revealing. also, bitter cold temperatures gripping much of the country. it is so cold in upstate new york even the fast-flowing niagra river is freezing right below niagra falls. a live report coming up. herman his campbell's chunky chicken noodle soup. mmmm. looks good. hahaha! chunky chicken noodle now tastes even better! ♪ help an oil company overcome minus 47 degree temps, 5 foot ice, and 16 foot waves, to safely keep crude oil

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or go to lifelock.com/ready. that's lifelock.com/ready. try lifelock risk-free for 60 days and get this document shredder free, a $29 value when you use promo code "ready." call now. jenna: busy week in washington, d.c. quick note where the president is at at this hour. he is addressing the dnc at their annual winter meetings talking a little bit work that he has done, work he aims to do. we will keep you posted if any news comes out of it but not expected. we wanted to mention it. watch the president's entire remarks streaming live on foxnews.com. jon: right now some new information on crime stories we're keeping an eye on. police release new video showing what a 33-year-old tampa woman was wearing the night she

disappeared last week. april foster last seen leaving a bar by herself wearing a black pants and a gray and black striped hoodie. defense lawyers say a player accused of killing a referee during a game will plead guilty to involuntary manslaughter. he was set to go on trial next week. the manthe man who killed six students at university of california santa barbara last year planned the attack more than a year. that according to police. elliot rodger not only stockpiled ammunition but searched online for ways to kill silently with a knife. roger stabbed his roommates and their friend to death. he went on a rampage across the community of isla vista, killing three others before shooting himself. >> now fox weather alert. extreme dangerous record-setting cold is now gripping much of the nation. this map shows the extent of the cold temperatures which

whoeverred near zero for much of the northeast. really a wide swath of the country. below freezing temperatures can be seen as far as south as florida. laura engle is live in new york city, once again frigid. laura? >> reporter: hi, jenna. this is actually kind of weather that flat-out makes your face and teeth hurt while you're talking. words like brutal unforgiving bone-chilling all being thrown around today and for a very good reason. these cold temperatures here in new york city at least are setting records. records are being set all over the place. here in new york where the hudson river is actually freezing over we had a record set in central park with two degrees. the previous record for this date was seven degrees back in 1950. in new jersey low temp records as pipes are freezing over. we're not just talking about pipes carrying water. some froze that backed up carrying sewage as well. that happens. some are flocking to see the cold weather specs kel in upstate new york. we're talking about niagra falls

turned into a frozen cascading crystal scene. tourists facing the temperature to be part of it. in pennsylvania, closing schools and bustings water mains. six below in pittsburgh. current temperatures in mercer is one. all those people in florida, you know who i'm talking about, my brother-in-law one of them who always brag how warm it is down there while you're up here so cold? well they are getting a little taste of it today. some beaches are now empty. this system is causing cities like orlando, daytona beach to be in the low 30s. this guy in jacksonville had to bundle up for his morning run. >> pretty nippy out here. the wind is like ice. i'm just running with the wind. now i have 2 1/2 miles against the wind. i already feel it cutting against the face. definitely a little burn. >> reporter: as people all up and down the east coast and midwest are dreaming of warmer temperatures, just think, right

now, jenna it is actually warmer in anchorage, alaska, at 21 degrees. the capital of iceland is reporting a lie temperature of 30 right now. so think about going there i guess. jenna: that is excellent context. i appreciate that. the video we showed out of florida though one guy still running in a pair of shorts. it can't be that cold right? >> reporter: it is still florida. jenna: people in chicago are like uh-huh. great to see you. get back inside. >> reporter: i will. thanks. jon: a strange lawsuit has a lot of people scratching their heads. a utah woman goes to court to file a wrongful death suit against herself after she was driving a car in which her husband was killed in a crash. we'll tell you about this bizarre trial. plus amid growing threat by isis overseas, is the white house being too politically correct when it comes to the enemy we face? our political panel joins us with more on that. [gunfire]

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jenna: welcome back, everyone. the white house conference combating violent extremism wrapping up yesterday. the president calling for expansion of human rights globally saying force alone can not stop extremists. "new york times" point out that many countries taking part in the conference have sketchy records on human rights. the challenge of president obama's approach staring him right in the face. his audience invited guest, reputed allies in a fresh international counterterrorism campaign included representatives from some of the world's least democratic and most repressive countries. let's bring in tom rogan columnist at "national review" and "daily telegraph." this is an angle we haven't talked a whole lot about. there is debate about the summit itself, but what about the

audience? was the audience the right audience tom? >> great to be with you. there are two schools of thoughts what kind of people you should have there. number one, civic activists with pure records in human rights and counterterrorism. the other line of argument you should have everyone including those people plus autocratic regimes. i tend to think what you have to do is just about everyone there but what you especially have to do, if you're having the autocratic regimes, to say in a face-to-face way you're saying it behind the scenes but have to say it at summit, what you are doing leads to the perpetuation of extremism which then transitions in sala if i terrorism or on the iranian side, for example, the iranian vain of terrorism under the guardianship of khomeni, the original ayatollah, the supreme leader. those two specific brands ever extremist islam are perpetuated by the unwillingness of government, of leaders, to address the fact that their

people are positioned into direct subjugation of fear on an agenda that centers on expansionism. jenna: interesting what you're saying. why do autocratic regimes help fester terrorist activity? what is the connection, the direct connection and perhaps the indirect connection as well? >> yeah, i think on the one hand you see, for example, let's look at iraq at the moment. there is the issue in iraq with the iranians using their political strategy. iranian autocratic regime to expand the whole state, derived not on basis of individual respect for human rights but on the basis you expand and arc of shia power across iraq and lebanon and that you push out individual rights. so the people who lose from that are inner-city iraqis especially sunnis. on other side places like yemen, you see absence of government structures only people with

practical power, those with weapons, al qaeda and houthi rebels, those at the basic level of civil society want to look out for their own lives are forced to submit to that rule the gun, or, to essentially have to give up any sense of engagement with society. it pushes people into binary choice. whether they yield to the gun or do they simply just use late themselves fundamentally. that is hopeless. jenna: tom certainly our government, perhaps not this administration but other administrations have been criticized trying to create little americas all over the world and i wonder what the broader goal should be, if the president should speak directly to these regimes you say, others say, help foster this terrorism, what model should we be saying they should being emulating? is it our own model or something different? >> i think that's a fantastic point. i think one of the lessons that most people would say certainly myself, the years in iraq is

that, you have to be careful what you're trying to do but two specific points i would argue. what we have to be doing, for example, with what the iranians are darks we're taking far too much conciliatory line with the iranians because of nuclear negotiations, what they are doing with political blackmail, threatening sunnis, massacres in iraq explosions in beirut and lebanon, we have to use very aggressive intelligence campaign against them. using direct action in terms of, our own explosions on occasion and at the same time, with nations like qatar, which are funding extremists claim to be allies of the united states, we have to be saying to them your citizens if they're fund-raising for groups like isis will not have safe harbor. i wrote a piece saying we should have hotel heart attacks, who knows what happened to that person. you have to be brutal and you have to pressure them to say the united states is not sitting back. we need to you change what you are doing, because it affects us as you say indirect and

direct ways. jenna: tom your final thoughts on this as we take a big step away from the summit, "national review," publication you write for had a comment from the editorial board in a long piece this morning. it said this barack obama is not president of the world. set president of the united states and his principle duty is seeing to our national security. what i like about that quote, it brings us back to the broader point which we're trying to achieve, a save america where we're not fighting wars and not under threat of terrorism as naive as that might sound. have we done anything to secure that this week, tom? what should be our number one priority to do that? summit, no summit islamic radicals, what they say they are not, what is number one thing we have to do? >> the number one thing you have to do is stop putting point of view across the way to win respect to the world to concede to political correctness. be specific about the binary one

hand sala if i jihad i'm. and, unless you do that government, people will not coalesce alongside you. you also have to say if it comes to it, we'll take very decisive tough action including military force, covert action against you. we'll not sit back to allow you to do whatever you want. we'll hedge on the actual basic issues here. the summit this week unfortunately has been an example of confusion. the president taking very different lines, saying he didn't want political correctness but then it was politically correct. that confusion pervades our political strategy and enforces encourages very negative political strategies on the part of allies and enemies alike. jenna: that summary very interesting for us as we end the week here and look forward to the weeks ahead and what's really next. tom, great to have you on the program. thank you so much. >> thank you. jon: some new developments in the case of a mother of four murdered in a road rage attack. police arrest a teenage suspect,

a guy the victim's family says they have seen before. and we'll look at the media coverage of the white house's summit on violent extremism. critics claim the president is failly to look squarely at the threat posed by radical islam.

jenna: some new information on a very big story. that deadly road rage incident in las vegas. the police arresting a neighbor

of the woman who was killed. according to the victim's husband, the 19-year-old suspect who you're seeing on the screen has a history with the family. chief correspondent jonathan hunt is following the story from our west coast newsroom. >> reporter: hey jenna. the arrest was made after a standoff the home of erich nowsch's mother. that is where the 19 lives just a block away home from the victim, tammy meyers. during that standoff, tammy meyers's husband robert showed up obviously very emotional and making his feelings about erich nowsch very clear. >> are you all happy? made my wife look like an animal with my son. there is the animal a block away! are you happy?! >> reporter: mr. meyers said his wife had been something of a mentor to the alleged killer. that they knew he was quote bad. and his wife had frequently tried to help him.

>> because she was really good to him. she fed him. she gave him money. she told him to pull his pants up, to be a man, more times than i can count. >> reporter: now it is still unclear exactly what happened on the day tammy meyers was shot and killed. we were initially told there was some accident involving her and the shooter as she was giving her daughter a driving lesson. that the shooter followed her home and opened fire. now police was saying there was indeed some sort of traffic incident but tammy meyers drove home to get her 22-year-old son, brandon, whom she knew had a gun, the two of them went looking for erich nowsch followed him for a while before returning home. nosh showed up. there was some sort of a gunfight but it is not clear who fired first. now the facts of the case jenna, will eventually come out through the legal process. that will begin monday with

nuwsch in las vegas. jenna. jenna: what story, thank you. >> president obama's three-day summit countering violent extreme i have is in the books. he said the west is not at war with islam. the event is criticized by some who claim the white house is choosing not to focus squarely on islamic extremism. won't even use the word. despite recent terrorist attacks by islamic jihadists in paris and copenhagen as well as isis beheading 21 egyptian coptic christians. let's assess with our media panel. judith miller, pulitzer prize-winning reporter and fox news contributor. lynn sweet is the news bureau chief for the "chicago sun-times.." bush 43 was often mocked elsewhere for mangling the language. we have a president who is

professorial things he says chooses his words very carefully, but judy he will not used words islamic terrorism. i don't? >> jon, he tried to explain in his address on violent extremism. he didn't want a war with 1.5 billion muslims. that what isis was doing was not islamic. and that we needed to get as allies in this fight the moderate muslims of the world. now i can agree totally with his analysis. in fact i do. but, i disagree with his conclusion. i think in order to win over the 40 representatives of 40 nations that were in that room listening to him talk about violent extremism, you need to remind people that this is a fight within islam that only they can win, and that they are the ones who must take the lead with our support and support of all decent people who believed that killing beheading crucifying your enemy defined as someone who doesn't share

your beliefs is wrong. therefore i think the president's analysis is at odds with his conclusion. jon: lynn his approach has generated a legion of critics it is growing to include "the new york times." here is the way "times" reporter scott shane wrote it a couple days ago. he said, the president and his aides avoided labeling acts of brutal violence by al qaeda, so-called islamic state and allies as plus him terrorism or describing their ideology as jihadist or islamic. with remarkable consistency high-profile white house meeting this week countering extremism, they favors bland generic terms that specifically connect attacks or plots to islam. critics say if you don't name it, you can't fight against it. you can not counter what you will not speak. >> well i think he is all but did. i think the true critics, "the new york times" press who decided strikes me as straight

reporting and description. the critics are people who have been critical of president obama anyway on many fronts but this whole conference was conceived to address jon, the very thing that is at issue, which is extremism. and if you look at the participant, if you look at the appeal, it is to the muslim world but there is a difference here not in the goal. i agree with judy with everything she said. it's a difference in strategy. i don't think it's a felony. i think it is just a difference in this one conference, not the only thing the nights is doing, president obama and the white house tried to focus on ways to do a few things such as stop young people mostly men, going abroad to become fighters for islamic state. and to make it clear to people who might be open, to being persuaded and recruited by these militants, to point out that if you think you are doing this in the name of religion, this is

not a religious organization. i don't know how the white house could have been clearer. you must know that this is really what they're talking about, even if is a matter of strategy the president doesn't want to say it, say the certain phrase. jon: former head of the cia jim woolsey, the president looks like he is trying to be the world champion of political correctness, he looks scared when he doesn't refer to terrorists by their true description. >> well i would simply point out that president george bush also did not want a war with 1.5 billion muslims on the planet but he was not afraid to call this what it is, islamic extremism. and to demand to urge muslims who say that their religion is being hijacked, to step up and take the lead. we can not win this war alone. we can not win this war without them. but i believe you have to call the war what it is, in order to fight it effectively and that is a war against islamic

extremist terror. young, men and women from all over the world, are not flocking to isis because they just want kill things. some of them do, some of them don't. they're going they think they think their religion justifies it. and president obama can not tell them that it doesn't. that they have to hear from their own leaders. that is why president obama should have congratulated president assisi of egypt for stepping up saying this is not islam. jon: assisi exorted religious leaders to condemn terrorism we're seeing. >> right. jon: judy miller, lynn sweet thank you both. >> thank you. jenna: strange case of a utah woman pictured here with her dog is actually suing herself. that's right. she will serve as the plaintiff and the defendant. why? we're going to sort it out for you coming up.

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symptoms of a serious allergic reaction include rash, swelling or difficulty breathing or swallowing. if you have any of these symptoms, stop taking farxiga and seek medical help right away. do not take farxiga if you have severe kidney problems, are on dialysis, or have bladder cancer. tell your doctor right away if you have blood or red color in your urine or pain while you urinate. farxiga can cause serious side effects, including dehydration, genital yeast infections in women and men, low blood sugar,kidney problems, and increased bad cholesterol. common side effects include urinary tract infections changes in urination and runny nose. ♪do the walk of life♪ ♪yeah, you do the walk of life♪ need to lower your blood sugar? ask your doctor about farxiga and visit our website to learn how you may be able to get every month free. jenna: let's check out what is ahead on "outnumbered" at top of the hour.

>> great to see you on this fine friday, jenna. the administration's rough week got rougher. central command under fire for blabbing plans to take a key iraqi city from isis. the former cia director says the president looks scared to talk terrorist islamic. what is next. big brother has a menu suggestion. put down the burger, save a tree. we'll explain and debate. a major retailer is using its own employees as swimsuit models. a smart move or too much reality for us? we'll also take a look and debate. all that plus your #oneluckyguy who is a real superman actor and returning "outnumbered" friend dean cain. see you atop the hour. back to you jenna. jenna: got me on hamburger. >> right. jenna: i'm on board. >> see ya. jon: a legal case out west has a lot of court watchers very interested and maybe even confused. a utah woman wants to sue herself for being behind the wheel in a wreck that killed her

husband. a court ruling says she can do it because she is both the driver and the representative of her late husband's estate. let's get into this with our counselors today. fred tecce, former federal prosecutor. arthur aidala, former criminal defense attorney. fox news analyst. >> i look at your face brings joy, like a sunrise. >> that is because, go ahead. jon: let's get into our case arthur. >> this is a crazy case. jon: it really is. it is sad at its heart. she was driving her range rover in nevada. her husband and two dogs are in the car. she hit some tumbleweeds, lost control of the car. the vehicle flips, is ejected and two weeks later dies of his injuries. she was hurt pretty badly. she has gone to court for the right to sue herself as administrator of her of his

estate fred. she wants to sue herself as driver of the car. can you explain that? >> well, jon, i have often thought about suing myself, but first case i would win in 30 years, in order to win it i would have to lose it. here is what is actually going on here. her husband's estate is a legal entity. if she is the executor of the estate. the estate has right to sue the person who caused death of her husband. so the estate is the party who is the plaintiff. she is the executor. the estate is suing her. i've actually had cases where family members have sued other family members. had a case, my partner had a case where a grandchild sued his grandmother. should have been there for that deposition. but the bottom line is, the law recognizes these different legal entities and allows them to bring a case. jon: she is looking for unspecified amount of money damages, arthur. loss of past and future financial support. that is kind of interesting.

the -- >> she can't get that. jon: physical injuries her husband suffered, loss of companionship. she caused it! >> fred is accurate why is can happen. she is not playing role of herself suing herself. she is playing the role of her husband is who no longer here to represent himself this is ridiculous. this kind of case that makes lawyers look bad. makes the whole legal system look bad. the only way a straight face a lawyer looks at jury the insurance company give money if there were children involved. if his death caused her to support little kids for next 20 years, okay, that is what the insurance money should and could be used for. but, all my research shows there are only two dogs involved here. even though a young man, i believe he was 48 years old at the time of his death and it is tragic, she should not be game gaining financially because of

his death if she caused his death. jon: right. >> only stepping in for children or a minor would you say okay, insurance company hand this money over. i don't know where this is going to wind up. jon: fred, she will apparently do without his income for rest of her life. maybe that is a sad thing but she is responsible for that. fred if. we've lost fred. arthur, you get the last word. how do you, how do you argue that case? >> i don't know how you argue with a straight face. with a straight face i would say, there is an eight-year-old and five-year-old here and this woman is incapable of financially supporting them. therefore we're asking you to award her money because she would be deceased. father would be bringing money into the household. well, i can't say she caused the death but should get money anyway because of her negligence. it makes lawyers look -- jon: we'll keep an eye on it. art arthur eye dalla. we lost freed tease see a little

early. jenna: arthur's heart broke a little bit when spread went away but we continue on. preview of this week's academy awards. who wins who loses. ours car expert is in the house. thanks for the ride around norfolk! and i just wanted to say geico is proud to have served the military for over 75 years! roger that. captain's waiting to give you a tour of the wisconsin now. 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.

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♪ jenna: time for our annual predictions which movies and movie stars will take home the statues this weekend. the 87th annual academy awards set for sunday night. let's bring in our official fox news oscar expert. we always like having you on every year. >> great to see you. jenna: to get early hints who will win here. start with the big one, big picture. what do you think? >> eight nominees. comes down to two films showbiz satire "birdman" and coming of age drama, "boyhood." the my call "birdman." jenna: we both saw the movie.

we have no idea what it is about. >> it's a strange film. early favorite in this race was "boyhood." it swept critics prizes. won golden globe for best motion picture drama. seemed unstoppable. "birdman" won preoscar triple crown, directors guild screen actors gilled, and past 20 years, almost every film won three prizes won oscar for best picture. also the director. absolutely a lost math going on. jenna: do you think michael keaton will be best actor? >> he was early favorite. screen actors guild, eddy redmayne in theory of everything. that was upset. i think he will win. he plays physicist stephen hawking before and after he was diagnosed with als incredible performance. compared to daniel day-lewis in my left foot. >> what about best actress? >> julianne moore, still alice.

she plays with a woman with early on set alzheimer's. this is her fifth nomination. she has never won. last time competed 12 years ago, double nominee best lead actress in "far from heaven" and the hours. lost both. can you imagine going to the oscar, losing twice? she was quite gracious. i was outraged. i wanted recount. she is absolute lock. jenna: only a few seconds. so much talk about "american sniper." do you think "american sniper" gets anything. >> it is a good film. i think it win best sound mixing and sound editing. it is almost not pretentious to win best picture. oscar voters are too highbrow. anything too popular and mainstream they don't want to go. ironic but may be the truth. jenna: ironic. >> bradley cooper will win best actor eventually if he say stays away from hangover part four. jenna: we'll be back with more happening now.

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>> it is oscar weekend as we told you but there is important stuff going on in the world like the democratic race for president. will it be a coronation? bret baier take as special look in fox news reporting at 10 eastern and sunday at 8 eastern. >> we will see you back in an hour. >> "outnumbered" starts now. >> this is "outnumbered" here is us today is harris fructose faulkner, my partner in crime. and elizabeth mcdonnel. and you know the one lucky guy. actor and post of masters of illusion, dean kane is back. >> thank you. i have been watching and missing my