get used to getting more. that's the power of more rewarding connections. that's preferred rewards from bank of america. >> fox news alert. the the new secretary of defense. and meeting diplomatic leaders in the east. >> and coordinating our strategy for defeating isis. we are covering all of the news "happening now". >> there is significant gaps and the clock is ticking for the u.s. and iran to reach a nuclear deal. and now the uptake. will cyber warfare compromise any agreement. >> and plus, that is the animal a block away. >> two sides and different story and a shooting that killed a las

vegas mother of four road rage or self defense. >> and these two guys are in grave danger. >> they have been starving for a long time. >> what is killing the california sea lions and how do we save them? it is all "happening now". >> we'll start with politics. new questions of a new hillary clinton presidential run as some call her nomination inevitable. others are pointing to problems on the horizon. >> i am jenna lee. >> and i am jon scott. critics are calling out the clinton foundation launched by the president more than a decade ago from accepting contributions for from foreign governments. it is an issue that former white wight press secretary robert gibes said clinton must address

soon. >> there is no doubt that the appearances are awkward at best and they will have to do something in the short term to deal with this in a way that put its off of the table. >> from the democratic perspective things will be better when there is a formal campaign. >> but there is a slow roll of rolling headlines for a long time. >> tom it is the bill, hillary clinton and chelsea foundation. how much longer can she continue to accept through the foundations from foreign governments? >> we'll have to see. i agree it is a problem and raises questions of conflict of interest and goes to one of clinton's vulnerabilities and that she and her husband went through the thing of how they were dead broke and they are fund-raising machines and so in

addition to the speeches and the money she has made. that is not something they want out there and slow- rolling headline after headline. i don't suspect they will do it much longer. >> because of the appearance of improprietority. it educates women and children around the world and that kind of thing. >> all of that may be true john. all of that may be true but you don't want to run for president with the appearance of conflict of spchlt and if hillary clinton will rebrand herself and separate herself from wall street and try to present herself as a woman of the people and champion of the middle-class, this will not help her and i think they will ditch it. >> the new york times talks about her inevitability of a candidate and points out the upstart senator from illinois get got in her way.

will she be inevitable? >> this is discussion that is so 2007. she's been inevitable forever. when you talk about the democrat primary. she's in a better position this time than she was. she is not facing stiff competition outside of elizabeth warren who is a activist in the party and a lot of energy there. it would be a major upset like joe biden or martin o'mally can upset her in the primary. her support is soft around the edges. a lot of the energy is with the elizabeth warren types. >> and according to the same new york times article i referenced, she had 60 percent of the democratic voters supporting her and last time it was 40 percent. you say it is softer support? >> no look she's in a great

position, better than in 2008. but we see stories and folks and activist in iowa and new hampshire are not thrilled with hillary clinton. they are thrilled with elizabeth warren. if elizabeth warren got in the race we would see the numbers shift. outside of elizabeth warren i don't think there is anybody in the party. the democrats have a weak bench in the moment. >> but the prospect of seeing another clinton in the white house, is that it the same kind of thing bedevilling her as bedevils jeb bush? >> probably not. folks look back on the year of prosperity with the clinton administration with a different flavor. hillary clinton's problem is the opposite. she cannot run for obama's third term. unless the economy goes through the roof and the world brings itself back together from where

it is now. she will have to differentiate herself from the president and does not alienate the president will veto the keystone pipeline and that is a position, and that is a infrastructure project in which she took no position until now. will see say yes or no i would have signed that bill? >> you know it is interesting. the play about robert gibes, things are getting better when the campaign starts. >> i don't know about that. right now hillary clinton is not asked about everything that obama or biden said in the same way republicans are being asked. and once hillary clinton gets in the the fray and fight. she would have to answer questions bit the co stone. >> are you saying she has gotten

a pass from the media. >> she's out of sight. and all she does is send out a tweet and makes news on her terms. she can do it a couple of months until she announces and then after that two is game o. >> you know that grandmothers are busy people and they have a lot to it do. >> tom it, thank you. >> thank you, john. >> and now we are going to move to the middle east. turkish soldiers are going in syria. the group swooped in to lot a tomb. this is the first time turkey's military moved in syria since the fighting began there in 2011. this tomb was known about and why did turkey decide to it move in now? >> there was a lot of calls for a international ground operation

to fight in syria and iraq. that's not why turkey sent the groups in. isis is threatening an area of the town where the important arct fact. 600 turkish troops crossed with tanks to go rescue the tomb of the shah. he was the grandfather of theot toman empire. and turkish authorities were worried that they may have gone in destroyed the ancient tomb. it sort of shows that turkey which is accused of supporting militants, that they are willing to go to syria for specific reasons, but not to tackle isis but just get the tomb and equipment out. >> what about isis what are they up to including in this report that they are expanding

the pool of fighters? >> reporter: every day they shock the international world and in the last 24 hours, they released a video training young fighters five years old and hundred young syrian boys, lined up in uniformed and indoctrineated in the children's militia. they call it cub fighters. and this is just one of two shocking videos that isis put out here and also in the last 24 hours, there is a video of 21 kurdish fighters in the cages wearing orange jumpsuits and paraded through the town and mocked and jeered at and ultimately they it are put on television as if it is a game show. we don't know their fate. but everything we know about isis sort of sends a signal that it was not a good fate.

and isis putting out the video and gaining international attention for the brutal photos and pictures to see, jenna. >> thank you. >> and now to the french government's fight against terror. the interior minister reporting that the french confiscated the passports of french nationals. this is a first in france since the right to remove a passport was put in counter terrorism law. 40 additional cases are still under investigation. >> back here at home growing trend among law enforcement agencies. police are using sophisticated technology. and the the equipment and secrecy sparking a debate over the civil liberties. katherrin? >> reporter: according to the new documents.

use of controverse yell surveillance technology by local police departments is far more widespread than previously reported and some local jurisdictions are accused of stingray technology. and this is technology that acts like a cell site simulator. it it mimics a cell phone tower and other identifying information. and according to one document, aclu said the florida department of law enforcement used cell phone simulators more than 1800 times and the tallahassee police department listed 250 investigation in which a stingray was. and strongly the secrecy it appears to have is more commonly used for crimes such as burglary

and theft. based on the a clu's data mining here 48 government aemss in 20 states are using this kind of technology and there was a recent case in florida when the defendant realized that the state had used the stingray technology for pot possession rather than reveal the surveillance in court the police cut a lenient deal because they wanted to keep the details secret. >> after a record- breaking week on wall street stocks. and they are slipping today and why they are heading back down. and boston is slammed this winter. and one snow storm after another. and we want to hear from you. and the media done a good job in covering russia and the ukraine. and our live chot up and runs and go to fox news.com and click

on america's asking to join the conversation. help join a continent with nearly 3 million rugged square miles with a single broadband connection. when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson.

>> frigid temperatures back for big sections of the count row. wind chills making it feel freezing as far south of el paso texas on the border of mexico. dangerous mix of snow and ice in fort worth where multiple accidents were reported and watches and warnings in the effect from texas all the way to tennessee. boston subway service running normally since the first of february. as the city struggles to recover from a series of massive snow storms. >> and wall street, and now a familiar scene in 2015 it is all about oil. our fox business correspondent nicole is on the stock exchange.

>> that's right. we have had three weeks of gains and had records and today pulling back smchlt dow is down 45 points and 18094. and you mentioned oil jenna you are right. we are below the $50 a barrel mark and energy shares are under pressure. energy and financials are babying weaker. they are underpressure and the leaders here on wall street. is the leaders on wall street and many are hitting 52 week highs because of a big deal. and so that it group is doing well. and another big piece of new system apple. apple once again another day and record high. in fact it is up 20 percent this year in 2015. and up 75 percent in the last 52 weeks. it hit 132.14 for those who are taking notes and had the market

cap that is bigger than any other u.s. company and doubled many and approaching 770 billion. and on the down side. beauing is the big loser and that's because goldman sa chs cut in the rating. and last thing they are watching. greece, greece is supposed to submit their reforms a day. they are pushing it back a day and we'll watch for that tomorrow. >> thank you, nicole. don't miss nicole on the floor of the exchange. if you are not sure where to find fox business. go to the fox news.com/channel finder. >> a grandmother accuse canned of making a nine-year-old grand daughter run until the child collapsed and died. our legal panel weighs in. and new reports of a iran

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smartphone or tablet from comcast. visit comcast.com/wireless to learn more. >> right now in the jodi arias trial reversing the initial decision not to allow text messages received in his life. they will ask the sister about the text exchange but not the content or the sister's reaction to receiving them. and the prosecutor said that could help establish where he was before he was killed. >> the u.s. making progress and seen in shaping a deal that would initially freeze the nuclear program and that is the report from geneva today.

secretary of state kerry there to reach a framework of an agreement. michael, it is nice to see you. and secretary kerry for the record said there was significant grapes. we are getting reports from europe of how the negotiations went. and it is reminder that the united states and iran is at a stand off. this time different? >> every time it is different because iran is building up the nuclear capacity over the decade and during the bush administration and obama administration. they have far more than we imagined than we could accept and we don't accept it. but there is not a good means of doing anything about it. that is the big picture. and in terms of what is different this time. iran sufferedurn strong

sanctions and they are biting. iran's currency is half of what it used to be and oil export are half of what they used be and iowa ran wants a deal and wants to give away the minimal amount and that's where the debate gets interesting. >> there are reports, again today that seem to suggest that the united states wants to reward iran for good behavior. but iran still remains the state sponsor of terror in the world and so how do we square this and is it possible to reward them for good behavior because they are under sanctions, and still have them continue to fund terrorist activities. >> first thing to do is say even if there is a nuclear deal that we live with. first if you have a deal and second will the president and congress like. it does that produce a change in

iran's behavior. i doubt. it most friends and colleagues on iran doubt. it you have to expect them to be a competitor and in cases adversoary on funding hams and some of the militias. and this will not go away and we have to assess it on its own merits. >> and in the meantime we are at odds with one of our allies, israel. prime minister netanyahu is speaking in front of congress and that is highly anticipated. and we look at whether or not it is worth it to make nice with an enemy if it costs you a friendship, what do you say with that? >> you are raising a lot of good questions and but it is important to stay focused on the

nuclear deal. prime minister netanyahu is it a smart operative and trying to put more pressure on us to put pressure on iran. and he is part of a noshgz himself and he knows it. we need to not think of it in terms of an ally is lost. united states and israel will stay allies. but the question is the nuclear deal we generate smarter than the alternative. that's the only way to evaluate. >> michael, to the big picture. we don't want to wake up one morning and see iran testing a nuclear weapon especially to the ties to terrorist group if that is the number one concern, how do we prevent that and the world safer by not allowing them to go nuclear. >> we know president bush and president obama both elected not

to use military force against iran's nuclear program. president bush was in the same boat. they were making progress on his watch as well. and so the military option is the last resort. that's my main point and the two real focal points here can we get iran to stay in a certain limit of nuclear capability or ratchet up the sanctions and get a better deal. do we think that that is possible. that's the choice. the military option is not a good one for us. >> it is interesting that you bring it up again. quickly, the new york times has a report out today. we are basically waging cyber war against iran and while they are happening over the last several years and we are hitting each other constantly when it comes to cyber warfare. it is an act of war and we are doing this in the background

both of us. >> the new york times report are are to be believed. iran made a huge mistake in 2009 and 10 and tricked them to plug a virus in the centerrefuge. i don't think they will make that mistake again. and the cyber threat that we deploy against them may help us down the road. if bought us a couple of years perhaps. it will be hard to be successful with cyber tools in the future. i think it is going to boil down not to a direct threat from iran threatening american air power or cyber forces. but turn the heat up through sanctions or in a good place that we can realistically expect to it get. >> each week seems to be different. iran was hitting commercial banks over the last couple of years. and if you log on and can't get

in maybe it is iran. >> it could be a lot of things including your own computer. >> thank you, jenna. >> national transportation safety board is out with surprising findings on a deadly train coalition north of new york city this month. plus we are bracing for a battle on capitol over immigration. could the fight shut down homeland security while terrorist threaten our country? >> i think our country is under great threat and more terrorist sxoergz more safe havens and attacking the homeland security any time since 9/11.

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>> we get word that the doj is asking the federal judge to lift his temporary old on the president's action to protect millions from deportation. this executive order is in the center of the major budget battle over the department of homeland security taking place on capitol hill. mike emmanuel has the latest there, mike. >> reporter: yeah the senate will be back in session in 90 minutes. in a letter obtained by fox. jay johnson wrote we must plan and prepare in the unlikely

event that congress does not fund dhs before friday night and a shutdown occurs. today president obama speaking to the nation's governors spoke that homeland security employees may go to work and not get paid. >> these are folks who if they don't have a paycheck will not be able to spend that money in your states and it will impact your economy, and it will impact on america's national security because their hard work helps to keep us safe. >> later today for the fourth time, the senate will attempt to pick up and pass a house passed bill. senators carper and mccaskin are expressing concern about the president's union lateral immigration action. and so other senators and have voted with fellow democrats to

continue the filibuster. and so if any of them change to abase the bill. leading republicans say it is best to leave the immigration fight to the court. >> the texas judge ruled it unconstitutional and put our energy in supporting the court case. and don't shut counsel the premier homeland security line called the homeland security. if we do as republicans we'll get blamed. >> reporter: so as we await to see the drama play out in the courts. many here are looking for an expert ramp in the stand off. >> thank you, mike. >> this week in alabama, a murder trial begins after a tragic death of a nine-year-old girl. her grandmother was accused to making her grand daughter run until she collapsed until she

died. that was a punishment for lying about candy. defense lawyers said the girl died from other medical problems and we'll talk about it with donna spillbore and criminal defense attorney mike gotle. savannah hardin apparently had health issues and as a result she was not supposed to eat candy and she ate chocolate and her grandmother found out about it and that's what started the whole thing. can the defense say, look it was not what her grandmother did, she had health problems. >> they can try and i am willing to bet that the grandmother was too stupid putting the child through that kind of physical exertion would interfere to the kid elect trolights so that she died. i am willing to give her that. but what she did was physically torture to the child. no different than if she beat the kid to death.

in my opinion capitol murder charges will stick. >> yeah, mike apparently the girl ate the candy and lied about it and the grandmother got mad and recorded showing her and make her run until she can't run anymore. is that capitol murder or abject grandmotherly stupidity. >> it is empty rhetoric. the grandmother had no intention preformed or in the moment to kill her grandmother. >> but she punished her. >> it is bad parenting, every day of the week. but that is not abuse or torteur. it was for the purpose of disciplining the child and even though you may go too far that is an defense to murder under the circumstances. >> jana, what about that? can she be found guilty of

stupidity or something like that that doesn't amount to a capitol murder charge. >> not in my book. she was trying to punish the kid for eating chocolate. she is a grandmother and like i said, if she punched the kid to death what is the difference? the aggravating factor in obama you commit a crime that is especially cruel. how do you get more cruel than making a nine-year-old run herself until she dies? works for me. >> the girl was dehydrated and had low sodium levels and doctors compared it mike, to having run a marathon without drinking anything during the time that you are running and that is apparently what killed the little girl. all you need is reasonable doubt. she had health problems prior to her death, is that enough for the jury or the defense to get

at least a hung jury or an acquittal. >> absolutely. look at the grandmother's intention. it was not for ingesting chocolate but caffeine. it was not healthy for the child. the health problems are in the forefront of the issue no matter what. it is the grandmother's bad parenting and redirection that don't add up to intent. trying to redirect your child's behavior. i don't see the jury giving her death penalty or capitol murder any day of the week. >> and we'll look at a case in the news. first court appearance for the 19-year-old who is accused of murdering in that las vegas road rage incident. eric nasz charged with murder and illegal charge of a gun in the death of tammy meyers. and rousch's lawyer claimed he

was acting in self defense and no road rage actually occurred. this is one of those stories, jana doesn't sound like it first sounded when it was reported and ashes parentally the woman did get her son to join her in the car and knew he had a gun and went after the silver car she was looking for. this is an entirely a cut and tried case of road rage. >> no. if i am a prosecutor. i am nervous. it is anything but a chlor cut case of road rage. even though the defendant is not talking and any statement he was bragging about the murder is not coming from it him. it is coming from outside sources. and what we know, the prosecutor would bother me, there is another person that could be the

aggressor. the victim's son had a gun and shot at somebody. that is throwing a wrench. >> and one of the problems it seems to me, to be the description. they have a good description of the shooter, the victim's family members, saw this shooter and the shooter is described as six feet tall and the kid they arrest side 5- 3. that is a major problem if you are prosecuting. >> the mother never went out and said i am going to find him and threaten him. her son tried to get her to stay at home. and she's the aggressor and she found him, followed him and then he followed her back home and that's when the shooter rang out. it is problematic and now since he saw the gun pointing a gun, it is self defense. >> it is a story that changes

every day. >> we'll keep the viewers apprised. mike and jana thank you. >> and update on "happening now". the new details on the tanker truck fire. according to the fox affiliate in philadelphia the driver of the tanker truck was able to get out before the fire erupted. no word on his condition at this time. it was a dramatic scene on the side of the road. the truck was carrying 8900 gallons of fuel. and gasoline run off caused another fire nearby. >> new details on the metro deadly train crash north of new york city. the national transportation safety board releases the report. six people were killed when the train smashed in an suv and the the question is why, laura ingle

is here with the investigation. >> investigators did not release the cause of the crash. that will come later. the prelimary report gave us more details on how it occurred and before the fiery impact. the train's data recorder shoes that the engineers activated the emergency brakes after observing what he saw was a vehicle stalling the crossing. and the train scloe slowed to 40 miles per hour and impacted the suv. they are looking into the mechanics of how the third rail electified strip of metal that pierced the car are and rail car in the accident. and outlines the actions of ellen brody who investigators say got after the vehicle and got back in and drov forward

before being struck by the train. every three hours a vehicle or person is hit by a train in the united states. most of these accidents could be avoided if people didn't push their luck. >> it is the human nature compoint. we can engineer the systems to where they function properly. it is when we introduce the human component, that we have the unknown and we do the best possible job we can for the worst case condition. >> federal railroad commission said safety gates must come down 20 seconds before a train arrives. it is an effort to strike the right balance. if they close longer people are likely to drive around them john. >> and gas prices are rising after bottoming out in january.

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>> i am gretchen carmson. a new threat from another terrorist group this time aimed at the shopping malls. and we will see if he changes his message. and seen the video of isis training young children. we'll tell you what they say about killing off the current leaders. >> and time for 2015 presidential. and find out which are up and down this week. >> and gas prices are on the rise. it is 2.30. and we saw in the beginning of the year and all the more strange because oil prices are going lower.

and joining us is from our fox sister network. why are they going up? >> part of the reason, is that this happens ever year this time of year. refineries get the repair work down in prep operation for the summer and spring blend gasoline. that's part of the rise. first thing last week, the major explosion in the exxon facility in california? if you live on the west coast and you think that the quarter spike we have seen is a lot. in california they are paying more. three bucks a dal gallon is the the average there and over the weekend, more united steel workers walked off of the job. and some 15 plants are affected. >> and every little price up on gasoline is money that you take away from other spending. >> it is the happiest place on the planet is more expensive to go around. >> you are talking about

disneyland. a a single day ticket for an adult and a child over the age of ten is considered an $100 mark. and disneylandny raised the other prices three percent. and they cost 97 and 99. magic kingdom is unbelievable. >> i am stuck over the fact that if you are over ten you are an adult. >> they can raise the prices because they are seeing record attendance. and the families take the kids. and it is it a multiday pass. >> we need a deal or a coupon. lauren. thank you for much. lauren, thank you very much.

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now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. a lot of us are whining about the weather a little bit. a homeowner in maryland measuring snowfall from a recent storm with a wine bottle. the snow reaching to nearly the top of the bottle in this cool time-lapsed video. i'm just guessing the bottle was empty. >> but well-chilled if it wasn't. there's a mystery from the pacific. more and more young sea lions are stranding themselves on

california beaches this winter, raising concerns about unusually warm ocean waters along the coast. claudia cowen is following the story from sausalito, california. >> it is a heartbreaking story. hundreds of sea lion pups washing up on california beaches starving and orphaned. like all these little sea lions, rowboat nearly starved after her mother left to find food and never came back. >> this time of year, they should be 30, 40 pounds. they've been starving for a long time. >> the lucky ones make it here to the marine mammal center north of california. volunteers feed the pups using wooden boards to ensure they don't get used to being fed by

humans. scientists say this year is the worst in history, ten times the normal number of strandings possibly because of a disease or parasite or because warmer ocean temperatures are forcing sea lion moms to hunt for food further offshore. >> the sea lions are sentinels of the sea. they tell us major changes are going on out there in the oceans today. >> the overall population of adult sea lions is doing relatively well. they number about 300,000. vets say they do hope to nurse these underweight pups back to health and release them back out into the ocean. they say that most of these little pups will make it but for many of these little guys like rowboat, they say that won't happen for a few more weeks at least. >> so cute and very sad what's happening to them. claudia, thank you. the parents of american hostage kayla mueller who died while she was held by isis fighters in syria are now speaking out.

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thanks for joining us. >> "the real story" with gretchen starts now. >> thanks very much, guys. kids as young as 5 the latest recruitment group isis terrorist groups are going after. we'll show you the alarming video. the family of kayla mueller saying the white house underestimated isis when they called them j.v. and time for the 2016 presidential power index. who's up and who's down? i'm gretchen carlson. "the real story" starts right now. first this alert, because the mall of america could be the next target for terrorists. putting security officials and shoppers there on high alert. the minnesota mega mall increasing security and worki