a live so the investigation is under way. the question is whether there are still missing people in this awful train wreck. >> the train signal operation of the train, cumin performance and all of that will be examined for answers. >> a lot more coming up. happening now starts right now. we start with a fox news alert of the deadly train derailment in philadelphia. investigators trying to learn what caused a horrible accident last night. along the nation's busiest rail corridor. folks you are off to a great start. >> some critically injured, that train on route from washington to new york city jumped the tracks as it was rounding a turn. the conductor is injured but has given a statement to police. the black box, a computerized record of what was going on in the locomotive has been recovered investigators are beginning of the job of determining exactly what caused this disaster.

>> we have a multidisciplinary team that will be covering a number of issues looking at the track the train's signals, operation of the train, mechanical conditions of the train, human performance, setting up a multidisciplinary investigation to understand the factors that led to this accident. john: heavy equipment is on the scene where all seven cars left the tracks and the wreckage is a twisted mass with one cause of the main goal. the accident plunged passengers into darkness and chaos. investigators also on the ground there. >> go forward, sir. >> it rolled over. then it rolled back and then it stopped and then it stopped. i've that time the windows and everything were up in the air. the car was filling up with

smoke and they were trying to get us out of there. >> i could see the blood on thes faces. they couldn't move. guarantees were out. >> it is an absolute disaster mess. never seen anything like this. >> joel waldman live on the ground from philadelphia. >> as you mentioned, six did, eight critically injured but officials are staying quiet about whether any of the 238 passengers are unaccounted for but clearly they are taking no chances. look at what is going on out here. amtrak brought in heavy machinery to scoured the crash scene. philadelphia mayor michael nutter as you mentioned said the conductor was injured and treated but he is getting information to police. the mayor talked about how the black box was recovered.

>> whatever is comparable the black box has been recovered. it is now in the amtrak operations center in delaware for analysis. we have no information from that particular device at all because it is being analyzed by the experts. john: we lost our connection to joel waldman who is on the ground there but you can see so many people in new york city are saying the same thing this morning. i ride that train all the time. it is the most popular amtrak routes between washington d.c. and new york city. many of us fox employees ride it all the time. unfortunately maybe even ironically a great number of people ride it who don't like airplanes, who are afraid to fly and they will ride that train

and they wake of this morning and see this awful scene. >> it is worth noting between the year 2005-2014 ridership in this specific area, in this country has gone up 30%. for amtrak overall. actually to your point the railroads are getting a lot of use and questions raised today is the we will get into later in the program about money invested in infrastructure and whether or not we are maintaining these very busy railway is, as well as we should be. one thing to point out is this is taxpayer money, federal/state dollars. questions raised, not to that point yet we need to figure out, the scene is devastating. john hyatt is joining, former railroad engineer as well, joining us on the phone the

scene of the accident from last night. from what you have seen, what do you think happened here? >> it would be speculation at this point and they will sort through that. stuff like this it seems it boils down to maintenance and whether something was properly maintained or the track was in proper order. in that corridor, it is a heavily traveled corridor as i said earlier legislators are saying they will pass laws to take money from the corridor they are making and put it back in that corridor. that is a no-brainer. it should be that way all over the system because the infrastructure in the railroad industry in general is in need of a lot of work. pacquaio to jenna: today we focus on the railways and as you point out before we reached the conclusion of what happened, we have to take and what happened from the

black box and interviews that are taking place including with the conductor. what time line are looking at for answers? >> they have to do their thing and you will be hearing something on the black box in the next couple days. there was an outward facing camera which should be easily attainable and we will probably have some of that in the next 24, 48 hours and these take time so they have to go through maintenance records and so forth but again, from working firsthand on the railroad industry, certainly the maintenance is lagging. jenna: when you wake up to a headline like this one goes through your mind. >> former engineer, i feel bad for people involved.

and passengers and it shouldn't be when you climb on amtrak on any train. and the stretch needs to be moved on because traffic would be increasing, by lower point than they have been. >> a lot of speculation about the tracks here. when you look at statistics by the federal railroad administration, cumin error is responsible for the bulk of the accidents that happen on train tracks every year. what about something else that hasn't been ruled out. what about mischief? someone putting something on the track trying to cause some sort of accident? the tracks are not that far from

the street especially in this area? >> i have had that fear for a long time because our railroad industry, track structures are very accessible. i have always been concerned about it and i will be honest with you my father-in-law was a former railroad policeman for 35 years, they don't have the same police forces they used to have, they don't have the same man power and security they used to have. that is a great concern. be elite and there's a consider the -- security concern, maintenance concern as well and as we quoted at the beginning of the show passengers on these trains are up. back in the beginning of march congress didn't do this reauthorization bill, $7 billion of taxpayer money for amtrak over the next several years to get invested in this particular area. eddie early stage we are in where do you think the investment needs to be made and do you think it is a to ride the

railroads in our country? >> hi am sure statistically it is safe compared to auto travel but they're trying to get railroads' put in place which they do have in some quarters has been postponed and put off and it is law makers letting them do this. 20 years ago there was a head on collision and they promised the families that they would put positive train control in. 20 years later it is not there. is all about the money no doubt about that. jenna: a lot of conversation over the next several days. of the come up on the program. thank you so much. john: new information from the department of homeland to jury reporting the united states does not collect data on the

deportation of criminal sere is no way of knowing whether it is up priority for the government. the chair of the homeland security committee says the ad hoc basis and intelligence and senator don johnson moments ago live from washington with more. >> there is no way to know whether l.a. security department and the obama administration and making the deportation of criminal the priority. and accepted by homeland security officials including secretary j johnson. investigated prosecutorial discretion. this is the ability the immigration agents to identify individuals who are security threat and deport them on high priority basis. what makes the inspector general's report standout our

interviews with immigration agents working in field offices on the front lines who told investigators they can't get access in many cases to an individual's criminal history in his or her country of origin, quote, as a result aliens convicted, committed in their home country but not convicted of a felon your significant misdemeanor in the united states might not be identified as a homeland security enforcement priority. we spoke with the homeland security committee chairman ron johnson who provided this chart to underscore his point that the number of unaccompanied children exploded. to 50,000 last year after what he says with the obama administration's change in policy. >> it was president obama's deferred action childhood arrivals.

u.s. policy incentivized. and all kinds of degradations, that was caused by u.s. policy and something this administration doesn't want to admit. >> johnsen told fox news a lot of children coming in our young men who are just bumping up against the agent majority and still qualify as miners but because simply put the data is the squishy on who is coming and it is impossible to know how many of them have criminal history or gang members. at this .300 endured who have gained affiliations. john: you wouldn't think the government would want to keep a better eye on these kinds of statistics. >> there was an injection of 4 to one million dollars to iran but the ability to see where the disease enforcement actions were meaningful but it is like a lot of things. if you don't have the data organized in a meaningful way there is no way to know if your policies are working.

i am sure many managers and sympathize with that. >> not exactly sure of that. >> we are getting a report that north korean leader kim jong and has brutally executed the defense minister, the spy agency says north korea publicly executed its armed forces chief for sleeping during a meeting talking back and complaining about his young leader. he was reportedly killed by an anti-aircraft gun and shooting range in front of hundreds of people. what does this tell us about the state of north korea, the regime? we will discuss it with military analyst lieutenant-colonel bill cowan in our next hour on happening now. >> fox news alert, we are learning that one of the six passengers who is known to have died in the amtrak train which crashed in north philadelphia is a young midshipman from the

united states naval academy in annapolis. the name of that midshipman has not been released yet. the academy says out of respect for the family and friends they will withhold that name for 24 hours. we presume the family does know now but one of our nation's best and brightest a midshipman from the united states naval academy in annapolis killed in that amtrak crash. we will get more information that will likely be tomorrow and we will bring it to you on happening now. jenna: so many more sad stories as we learned who died and 2 was injured. getting word by way of reuters that the president is commenting about this accident. the president saying he is deeply saddened to hear about the amtrak derailment, the line we have the one headline we do as we get more from the president or elsewhere we will bring that to you. a woman suspected of killing her fiancee during a kayaking trip facing a court appearance today. the latest on that developing

story. the president facing very tough opposition from his own party senator elizabeth warren and other liberals blocking his agenda on trade. is there a way forward? the wall street journal weighs in on that and we want to know in light of reports of the execution in north korea do you think the united states is paying enough attention to that part of the world? they join our live chat at foxnews.com/whatshappenings of the now.

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on happening now police have not recovered her fiance's body. the jury in the third harris murder trial entering day 10 of deliberations, the judge ordering them back to work yesterday after the panel declared they were deadlocked. terrorists charged with murder -- harris's title with murdering his wife in 2001, previously to convictions were overturned. >> this just in a government watchdog group releasing its annual report this morning. it is called pink book because of highlight wasteful government spending by members of congress. making a will on capitol hill with the latest on this. >> good morning. the assessment from those that monitor government spending is wasted down from peak years but plenty of work is yet to be done. if they brought a real live pig to the event rolling out its 2014 congressional pig book lawmakers worried about wasteful spending including pennsylvania's senator pat to be attended the event and offered

this assessment. >> we haven't solved this problem but we have made enormous progress. the number that slip through known as a tiny fraction of the many thousands of earmarks that used to the routine. the dollars spent now is a fraction of the tens of billions of dollars wasted every year through this insidious practice. >> there was some concern raised about defense spending. the chairman of the senate armed services committee says the department of defense is not about funding health problems for research but coming at defense because the money's there. $86 million for the national guard counter drug program. senator john mccain says this must be about getting our troops what they need in a dangerous world. >> we are undergoing defense reductions in defense spending, our military leaders have told us we are literally putting the lives of the men and women are serving in the military at risk because of sequestration. we certainly cannot afford a

single earmark pork barrel project in defense appropriations. >> also on the list $20 million for alternative energy research. senator mccain is targeting that defense appropriations is a hot topic here on capitol hill. john: in the air and on the ground hundred searching for a u.s. marine helicopters it disappeared while delivering aid in earthquake ravaged nepal. six marines, two nepalese soldiers on board. the pentagon says might have happened.

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hammer wielding suspect who attacked three people in new york city with a hammer. one a woman who was sitting on a park bench when the guy walked up and wacked her in the head with a hammer. none of the injuries are believed to be life-threatening but it appears of fatal shooting has taken place involving police in new york city. the story is, the officers approached him for questioning and he pulled out a half area and began swinging at them. they fired with their service weapons and the man's body is now lying in the middle of the street on eighth avenue, up 37th street. this is all taking place, you see the police tape still flying. this is not far from madison square garden. these are evidence markers identifying and there appears to be a hammer lying in the

middle of the intersection. the police marker, the evidence marker is obviously there as well. three people were attacked on monday by a guy, innocent pedestrians just enjoying the day in new york city when a guy pulled out a hammer and hid them with it. that man, that suspect is believed to be the one who is lying dead in the middle of 37st street at eighth avenue in manhattan. we will let you know more as we get it. jenna: moving to nepal hundreds of troops are searching for missing u.s. marine helicopters it disappeared as it was delivering aid to areas hard hit by two powerful earthquakes in that country, eight people on board the helicopter including six marines and there's a report that it may have gone down along a river but the marines say there has been no confirmation as far as sightings of the helicopter. we are really relying upon reports out of nepal. a spokeswoman added relief efforts are on going but there

have been delays because of the helicopter surge. we will keep you posted as we hear more. >> harry reid is floating a new plan on the trade agenda. and elizabeth warren voted against the deal, giving president obama authority to ease the pacific trade pact through congress. that is forcing the white house and republican leaders to try to regroup. and washington editor of the wall street journal has been watching all of this. the president's own party, one of the most liberal democrats we ever had an office getting spanked by liberal democratic members of his own party. >> against advancing the fast track there. it was an attempt to get more

leverage additional things of the trade package including trade assistance, and enforcement mechanisms but part of it reflects the decline of support for free trade. in the years since nafta. and mitch mcconnell, lava republican leader, figuring out a way to sort through this. assign a free trade is not an easy sell right now. >> watching the battle between the president and elizabeth warren an interesting and very personal back and forth between the two of them. >> they are both very emotionally engage in this subject. he is not mailing this in. they see other parts of his record as being not so much. they butted heads on this.

that was the dynamic of the debate, and it has gone somewhat personal. >> the issue is jobs. there are those who think free trade kills jobs. with the come down on that? >> it is about jobs. we did not wall street journal and nbc news poll, and the sentiment was free trade has not been good for this country, was slightly higher among republicans and democrats. that is not reflected in congress where in the senate there for a free trade but there are populists in free both parties that don't buy the idea that free trade is the fatigue, and your job security and that includes a lot of republicans. this is a struggle between populist economics and free-market economics. >> that recent column, you

highlighted the assets of likely presidential contender jeb bush. how to you see that? is the criticism fare? >> i think he handled the question badly and it was an inevitable question he would have to ask and he said as much. i didn't understand what the question was. that was probably inevitable in its early days of the criticism is something that was inevitable and will pass. the bigger question is is jeb bush the guy for the party. you got to consider him the favorite, not a huge favor but the favorite among a very crowded field of republican contenders. he has a good record as a governor. he is the conservative. he faces a party that has changed since his father and his brother were elected president and the question is is it still party that will embrace the nominee name.

? john: you point out the anti-abortion vote is splintered by many other candidates who are known store will announce soon? >> that is a huge advantage for jeb bush. there is not one conservative alternative to him but many and they will split up whenever anti. vote is out there in the early primary states and that presage as a long campaign and works to jeb bush's benefit. he will conduct a long campaign and gives him more time to explain himself and he does a good job of that once he is on stage and gets to it moves the campaign into states beyond iowa and new hampshire and south carolina, not his strongest states, into places like illinois, ohio, pennsylvania and florida where he has more of of bush base and better chance of standing out. there are a lot of advantages he brings to the table and they will be clearer as this moves on. >> his ninth campaign as of yet. taking the long view. >> not really a candidate.

washington editor of the wall street journal. jenna: air bags may blow up unexpectedly. known major recall.

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condition of the train as well as a possibility of human error. the mayor of philadelphia says the train's equivalence of the back box has been recovered and is being analyzed the accident killed at least six people. injured dozens more with hospitals in the area saying they have received more the 200 patients. the u.s. naval academy says a midshipman at the school is among the dead. that midshipman was headed home for leave. i don't know the identity of that midshipmen. six people dead, the investigation very much on going. the train hitting a curb north of philadelphia, the north philadelphia station. when it left the tracks. the question is what caused the derailment? was their problem on the tracks? human error? was be a factor? all of that should be available to investigators through the black box but right now everything is a mystery and conjecture. you can see the scene, terrible

carnage. one of those cars just mangled and bent in half. absolute terror on the rails there in philadelphia. >> we have talked about the train conductor being injured and there have been questions about the conductor but the conductor on the amtrak train, it's the tickets and tend mainly to passengers. the engineer is the one that drives the train and would be in the first car. we have not heard law about the engineer but we know most of the severe injuries are in the first, second, third car on your screen, will one with the most turnover. we will hopefully speak to a passenger who was on the train in some of those back cars, was able to go to the hospital and until some of his story but many people injured. >> awful situation. the investigation still underway. six people dead. a number of people, half a dozen are in critical condition so it is certainly possible the death

toll could continue to rise. we will keep you updated. >> 100 million additional vehicles. plunging deadly shrapnel as drivers and passengers, have forced tens of millions of cars off the road and this is the next chapter to that story, lauren simonetti joins us with more on that. >> this is a warning as you get in a car today the japanese air bagmaker linked to millions more recalls because of potential eruption so the issue is likely moisture if the inf later in the air bag is not sufficiently sealed. toyota recalling the most cars out of the bunch, including 2,004-5 suvs, the driver's side airbag needs to be replaced but they don't have all the parts. core law, tundra, sequoia, some

going back to 2002, some have national recalls, others only in those hot and humid states like florida, texas and georgia. nissan calling 7 pathfinders honda tells us it will announce a recall but has not given further details just yet. million cars so far in the u.s. are potentially affected. is you know 25 million cars have already been recalled because the effective airbag sent shrapnel into the air killing six people. this latest announcement brings the total number of cars recalled because of cocotte airbags to 30 million basically in line with general motors recall. remember all those faulty potentially did the ignition switches. the good news on this one is there have been no injuries reported just yet. jenna: inconvenient to return your car to get that fixed. >> hopefully they have the part

when you do. john: governor jeb bush under fire for his answer to a question from megyn kelly about the iraq war but what about the media? the way some are handling this controversy is raising eyebrows. we will analyze the criticism and all that. when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead. people with type 2 diabetes come from all walks of life. if you have high blood sugar ask your doctor about farxiga. it's a different kind of medicine that works by removing some sugar from your body. along with diet and exercise

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jenna: what is happening in midtown manhattan in new york city after a police involved shooting we first shared moments ago on happening now. the police commissioner bill bratton is speaking about the event that transpired over the last hour or so. we told you over the last several days in new york city there have been reports of a man wielding a hammer and randomly attacking innocent people around manhattan. according to the police commissioner four victims of those attacks over the last several days. after officers saw this

individual they thought was a suspect in the attack, the approached the man who turned and tried to attack them. one female officer was the target of that attack, and he lunged towards her according to the commissioner and her partner opened fire on the suspect. at suspect was shot, apparently not dead but in the hospital. that is the latest information we have. as we hear more we will bring it to you but a hate and sensitivity to police shootings right now. we will keep you posted as we learn more. >> we have inspectors doing the same thing they have been doing for years and years before jack in the box looking for abscesses, bruises or bones, some quality issues. something that you can see so it is like they sniff, they smell and they look.

that is not lava modern way for us to be applying what we know from a scientific standpoint to provide good oversight. >> that was a clip from a new frontline documentary on pbs called the trouble with chicken. it follows a major multi-year salmonella outbreak and the failed response from the nation's food safety system. reveals one in four pieces of raw chicken contaminated with salmonella. and not enough is being done to prevent outbreaks. one in four pieces contaminated? >> not only fat but the government wednesday it wasn't even checking until recently. they were checking hole broilers that 80% of americans by chicken breasts and chicken legs of and that was going into the radar. >> buying the whole chicken if you are an individual or couple, you don't need the old thing so you are buying it in pieces and

that is where the problem comes in. >> our film looks at a big outbreak. in 2013-14 on the west coast with an 600 people were sickened by the salmonella bacteria. >> it is the most common food borne illness. >> a million people get sick from it every year, 19,000 hospitalized 38 people died according to the cdc. the government has been aware for years that this is a big problem, food borne illness and they keep setting goals to reduce it, it hasn't gone down. >> we had some of the pictures of one of the babies who was sick and terribly by the salmonella poisoning. >> they are not all dangerous.

some are really nasty. we think about the really dangerous ones and this one has a tendency to get in bloodstreams and other parts of the body, it triggers other kinds of illnesses that can be very severe. >> to the antibiotic resistance problems we talked about in this country, does that enter into this situation here? >> it enters into it because salmonella are also resistant to antibiotics and the problem of resistance which we made films about wish is a big public health problem too one of the are antibiotics. we have a product that is contaminated or needs repair we recall it. we had a story about a big auto recall, this chicken in the outbreak and is the subject of our film is sold on the west coast with for more than a year.

no recall for more than 15 months. those 600 people that went to the store every day grab the chicken breast for dinner. this wasn't just the one offering. it happened over and over and over again. >> why isn't the government doing more about it? >> this is a question we raised in the front-line film that is online now and streaming. we ask the government and they said first of all we don't feel we have the authority. at there's a perfect gold standard evidence. and two pieces of evidence in hand. and they have samples taken in the grocery store. can there is convincing proof that it was coming from the chicken and they need a third

piece of evidence and they don't have that. and when somebody had that evidence in their freezer there was a small recall. there's a long period of passivity, timidity. >> david hoffman. hope you save some lives and the weekend some people to the problem here. david hoffman from from wind, thank you. >> recovery teams battling harsh weather and high seas in the indian ocean searching for malaysia airlines flight we talked so much about. they found something different deep in the ocean. we will tell you what that is next. en all by it needs to be earned... every day... using wellness to keep away illness... and believing that a single life can be made better by millions of others. healthier takes somebody who can power modern health care...

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jenna: knowing what we know now what you have authorized the invasion? >> i would have and so would have hillary clinton just remind everybody and almost everybody that was confronted with the intelligence they got. jenna: new information on a new controversy surrounding governor jeb bush's answer to that question for megyn kelly about the war in iraq. the media seems to focus less on the substance of his words and more on the semantics. this is a topic we are looking into what do you think about the way the media has handled jeb bush's specific answer to that question on iraq? >> first of all the former florida governor hobbled the answer. he says he didn't hear properly the question about knowing what we know now, going on sean hannity's radius of clearing up but still hasn't answered it. is fair game for criticism that he botched such a high-profile question but what troubles me is the way in which the me acting

as linguistic police and pretending that he didn't know anything about it and parsing his words. one political columnist even calling jeb bush a dummy saying was he dropped on his head as a child? this seems to me to be not what people want to hear. they want to get the substance. >> journalists talk about how we need substance. why do you think the media is still interested in the late wood surrounding this rather is and what was actually said? >> it is so much easier to talk about what the words were, did he bullet, was he furrowing his brother of the bus then talk about the most complicated question of what is jeb bush's vision for the middle east and how would he deal with iraq today and how will he deal with iran? that gets you into what many voters urge him but we always the fault to the easiest simplistic let's ignore what he meant to say and beat him up over what he did say and you see

the same with president obama. i saw judge ernest interviewed on msn b.c. three minutes talking about why president obama called elizabeth warren ecb is a death as if anyone cares. they are friends, he called for elizabeth. >> is easy to get caught up in the minutia but when we see each other on friday i will ask you really tough substantive questions. just as fair warning. >> i will be prepared. jenna: great to see you, thank you. >> d. a. weibring new views of this terrible train derailment in philadelphia, six people dead, 200 treated at local

hospitals. live look at the wreckage. the national transportation safety board is on the scene. they have recovered the black box, that date ata recovery unit from the engine which will tell how fast the train was going. was there a mechanical problem with the train? the track? was a human error at fault? this is the nation's busiest rail corridor and is going to be shut down for some time. new jersey transit is honoring amtrak tickets for those who want to travel between philadelphia and new york city but it is going to take a long time to get this investigation underway and get some answers and get the derailment cleaned up. you can see firefighters on the scene as well.

we have the latest on happenings at all. >> stories we bring you in the next hour happening now, please with your help after a frightening incident is caught on surveillance video.

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light. liberty mutual insurance. jenna: we'll see you back here in an hour. jon: "outnumbered" starts right now. >> we begin with a fox news alert. federal investigators are on the scene now in philadelphia. you see it there. these are live pictures. that city is suffering a horrendous loss today. the mayor spoke a short time ago and confirmed six people are dead, hundreds treated at area hospitals. now the hunt is on for answers as to why an amtrak train derailed. this is yow! numbered. i'm -- "outnumbered." i'm harris faulkner. sandra smith, andrea tantaros, kirstin powers, and our #oneluckyguy he is so shy. arthur aidala.