look at life chat, "outnumbered" over time, foxnews.com/"outnumbered," we're back here tomorrow at noon eastern. "happening now" starts now. >> we begin with the fox news alert against a very tense times underway right now in syria with russia telling the united states to get out. always warned against the inclination to essentially make snap decisions on policy, almost literally overnight. and so that's why we will continue to monitor the efforts by the afghan security forces

and that will factor in a longer term assessment of the conditions on the ground which will influence longer term policy decisions that the president will have to make. >> have they received recommendations and any time of formal led at this time? >> i don't have communication between the commander in chief and those on the ground. the president receives regular briefings and updates through the chain of command and that certainly will continue. >> at the united nations, palestinian president a bas said he is not bound boy agreements with israel. and they will pursue legal means to pursue palestinian statehood and abandoning the approach that is your position. what is the u.s. response with

the palestinians? >> i believe that prime freedom a bas is speaking right as i walked out here. i don't have direct response to what he's said. as a general matter, the united states has long been and continues today to be committed to achieving peace that the palestinians and israelis deserve. we described the resolution of this conflict as a two- state solution. they are in two states with a sovereignty and viable palestinian state and living side by side with a jewish israel. that is our position today. >> going back to russian involvement in syria, you told josh that the department is reviewing the action. the deputy told law maker ares that russia's move was alarming

and aggressive and came before the discussion, is that same level of surprise shared by the white house? >> i didn't see those particular comments. i think what is clear, we have known for quite sometime and i say we, we have had active public discussions about the significant deployment in asset of the russian into syria. and so i don't think it is particularly surprising that russia is using the military capabilities. particularly in light of their long- standing efforts to prop up the assad regime. and in light of the continuing weakness of the assad regime and in terms of their ability to

control territory inside of that country, the russians felt they needed to ramp up their efforts and the reason that i think that the second day of point that i would remind you of, there is a reason that president putin and president obama prioritized and agreed on the need for operational tactical level conversations to deconflict military operations inside of syria. you would need to have conversations to deconflict military operations in syria, if you didn't have plan for military operations inside of syria and the point is, that u.s. military officials have been in touch with their russian counterparts. i set up those conversations and i expect them to take place in short order. >> president obama and president

putin discussed the need for. >> the word "deconflict" continues to come up. we have ben collins on our first hour of "happening now". he said there is a need to deconflict because we have american planes and russian planes in the same air space and that with a miscalculation could produce a tragic result. we'll watch what is happening in the white house and what does the deconflict mean on a larger scale? more pointed for us. is defense secretary ash carter. we are waiting for that and will watch for that in our show. >> moscow launches air strikes and tells the united states that war planes should leave syria, there are growing concerns that u.s. strategy in the middle east is falling apart.

we are covering ought of the news now. >> it is not enough to prevent issal in the battlefield. we have to defeat their iideology. >> the nsa those efforts have fallen short. >> and amtrak's deadly disaster outside of philadelphia was a wake- up call. and now the cost of key upgrades is leading to a show down that will bring major disruptions. >> drivers needed to be extra careful after a truck roll over brings images like this. it is all "happening now". >> we begin with the breaking news. i am jenna lee. >> and i am jon scott.

russia is launching air strikes against the opposition fighters in syria. >> this after russia kemanded war planes from the united states leave the air space. moscow is saying it is targeting the isil position. in 2012 presidential campaign mitt romney warned that russia and putin could be our geopolitical problem. today mitt romney is speaking about the threat that russia poses. jon roberts is live with more. jon? >> reporter: good afternoon. mitt romney spoke in and first time he spoke publicly since he spoke with megyn kelliy.

he didn't say i told you so, but was critical with the president, saying he had a better chance to teal with it three years ago and there are not operations now especially will with russia and putin doing in syria and call for the war planes. president putten outgained president obama yet again. >> the president consistently painted himself in a corner and then said what would you do? and you paint yourself in that kind of corner options are limited. the president is a foreign policy disaster. >> reporter: mitt romney weighed in on the 2016 election and critical of trump. and said the republican party will go mainstream. and rid cowled what trump said

about isis. >> trump on 60 minutes said he thought it would be a good idea to let isis take over syria and we pick up the pieces. that is absurd and dangerous and that will not lead him to become the nominee. >> reporter: romney disabused any notion of throwing his hat in the ring. he thought rhetoric on immigration and minorities and they need to change that if they want to win in 2016. mitt rom no said the u.s. has to do what the u.s. wants to do and not what russia wants us to do. thank you. >> and we heard mitt romney's comments calling the president's foreign policy a stafter.

we'll bring in erin blake. and elliott johnson. i am not sure whether both of you have heard all of the developments on this topic today, but john mccain took to the senate floor and issued a blistering criticism of the administration's policy and its failures or lack of policy as he put it in syria. he said that first time, the russians have a toe hold in syria that they haven't had since they were kicked out of egypt in 1973. and josh earnest, the president's spokesman, tried to sell the syria as a sign of effectiveness of the administration's policy. did it hear it that way and what to you think about that? >> that is what he said. and what is interesting, the president in the u.n. took to the podium and said essentially

that we are on the pres pice where might makes right and that will take place of the post world war ii capitalism and the frustration that the conservatives voice the world orders are transients and maintained by the use of hard power. economic power and military power. and the president said the arc of history on our side things tonight just happen but they have to be maintained. that is a frustration of conservatives as the debate progresses. >> this president was elected on his opposition to the iraq war and promises to end the war and disentangled the u.s. to the middle east. is there a reluctance to use military force or power against

adversari. >> without question. obviously this is a guy who stakes his first campaign on this. he's pushed an agenda focused on diplomacy rather than the united states being active abroad. but the syria is uncertain. we don't know what russia's role is going to be. it is difficult for the white house to take a victory lap on what is going on here. and the republicans will approach it tentatively and only donald trump weighs in he was supportive of russia getting involved and it is an unsettled circumstance. i think politicians would treat it as such. >> we played the snippet from the 2012 debates where president obama you know, chided mitt romney and said the 1980s want

their foreign policy back because you think that russia is our greatest geo political foe. look at what happen in the years sense then was mitt romney right in that approach? >> it doesn't take what happen to validate his point. they are more of an imminent threat. who do the world's greatest threats. iran and north korea. who do they run to? countries like russia and china who are more powerful than iran and north korea, but those are the countries that have the power to reshape the entire world order for the worse. >> now, you have russia in the united nations, effectively blocking much of any kind of action on assad.

clearly they intend to prop him up. is this white house inclined to let them get away with it? you heard john kerry speaking, he said the assad has to go. it harkens back to the redline. they said assad would not be allowed to use chemical weapons on his people. and the whole situation is uncertain because we're not. we know where russia is coming from. they are long aligned with assad. but that is not the outcome that the white house declared and wants. it is uncertain circumstances, three sides are fighting and we don't know what will happen. >> it is it's huge issue for the next president. >> and returning to the big stories throughout the day.

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could cause flash flooding. >> and fighting isis in the middle east. congressional hearing on cyber defense strategy wrapping up. he talked about isis' presence. and roger saying that the u.s. government is not there in the battle to defeat the terror group on line. >> reporter: jennifer, the second day in the row. admir mike rogers was on capitol hill testifying about the defense department cyber tragedy and they are on the right track but not fast enough to counter cyber threats in rush beia and china. when he was asked about isis, he believes that the obama administration is not doing enough to counter the propaganda and recruitment on line.

>> we must contest isil aggressively as we do on the battlefield. the information dynamic is a component of their vision and strategy and ultimately their success and we have got to be be willing to fight them in that domain and we are clearly not there yet. >> latest estimates include 40000 isis twitter accounts and one in five of those selected engish as their primary language. the white house is trying to fight the war through social media like think again and turn away. the effectiveness is widely critized. and yesterday in a counter terrorism summit, the president pointed to a new anti- isis in a bu dabi. >> we are stepping up on line.

and the soop center is expanding isil for what it s. a terrorist organization that kills men and women and children. >> reporter: community outreach the admiral is not enough. and they need to fight in cyberspace. >> kristin, thank you. airlines is not the only one charging for baggage. amtrak is set to add new baggage fees. >> russia telling the u.s. to get war planes out of syria air space. the latest on the fast developing story. (man) hmm. what do you think? ♪ (stranger) good mornin'! ♪ (store p.a.) attention shoppers,

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>> russia began to bomb syrian

targets and moscow tells the united states that our war planes should leave syrian air space. senator john mccain blasted the obama strategy. >> this administration confused our friends and encouraged our enemies and mistaken caution for prudence and replaced risk of action with the perils of inaction. into the wreckage of this administration's middle east policy stepped vladimar putin. nauthor of the putin ukraine and the cold war. marvin, it is great to speak to you. here we are today we didn't realize we are walking up to. you have russian and u.s. war

planes in same air space. >> it is the military might of two world powers. the great danger is if one accidentally knocks down the other. you are not only in a cold war but it may get a bit warm. the only area where there is agreement between the two countries is how they use the word "deconflict". how do you manage to keep the military stuff separate. there is disagreement. >> i would like to play it for the viewers and you, marvin, the interview that vladimar putin did on sunday. listen to the question and swe answer and we'll talk about it. >> you are prepared to put russian combat troops on the ground in syria if it's

necessary to defeat isis? >> russia will not participate in any troop operations in the territory of syria or any other state, at least we don't plan on it right now. >> the russian government gave approval for putin to do that. is this making sense or part of vladimar putin's strategy. >> i tell you from the beginning of doing research for the new book, i was faced with one fundmental question. who is this guy? and essentially what does he want? >> at this point, i conclude the thing he wants more than anything, retain his own personal political power. and the way he does that, he can't do it on the economic side, because russia is hurting economically.

but he does it on the foreign sides and he moves dramatical willy in ukraine and more dramatical willy in to syria. and at this particular point, he is in the position to call the shots. as senator mccain said, at this particular point, america policy in syria appears to be word cop fused. putin on the other hand, seems to be focused and at this particular point he's taking action and seems to be a man with a plan and going to fulfill that plan, and people are so frustrated and fed up with what is going on in syria, four years of civil war, that they are looking for a spiritual advisor and there goes putin in the smack of everybody. >> interesting, i want to show our viewers of a side poi side that russian war planes bombed.

this is home to a big city in syria. 1.5 million people. the picture is on the right what it looked like in 2014. and the opposition is strong. and you know, it is interesting to look at that picture. and secretary russia said they are not going after isis. they are continuing to bomb the opposition of assad. what is our next move, marvin, what doe do? >> the next move is very much up in the air and i bet the president doesn't have a clear sense of what the u.s. should be doing. it is interesting that the russians went after homes first. homes is not controlled by the islamic state. it is it controlled by political opponents of president assad.

you have proof what putin really wants is to knock out political opposition and facing assad so that assad stays in power. putin is terrified about mass uprisings against leaders and thinks of those demonstrations in moscow demonstrating against him. and he doesn't want that. he created a soviet style russia and it is interesting the way he manipulates power. >> i can't resist asking you this question. have you ever seen a time specifically like this? does this remind you of a certain point or is it unprecedented? >> the only time i remember when there was such a kind of

dysfunction was in the last 4 or 5 years of the vietnam war. at that particular time, president nixon was pursuing a policy and then president ford. that really didn't get us anywhere. everybody knew it was lost and we kept on fighting there. at this particular point we don't know what to do in syria if we did know, we would have done it. the only one appears to know what he's doing is putin. and i am adding, he has to tell the russian we are back and big pour in the world and people respect us and that's because i am your leader. it is it great to have you on the program and remarkable insight.

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>> the rail safety law. calls for a system that automatically slow and stop a speeding train. safety experts say the

technology could have averted the deadly amtrak train derailment earlier this year. a big chunk of trail operators will not be able to meet the deadline for deploying the m, m >> come new year's day, the rail system could come to a halt and leaving commuters without a right and slamming the brakes on train service as well. they set a deadline for december 31st, for a new over haul of a gps network. designed to prevent accidents and collisions and for commuter trains. and railroads got a start 6 billion to get it run nothing some states, but will not make the end of the year deadline. >> it is not like obama care where you may be slow getting

your insurance. a glitch in this system has two trains running into each other. it cannot happen by the end of this year. >> reporter: today, there is good news, a bill passed to put it off to 2020. >> the technology is not developed enough. the day is coming and congress needs to act to make sure our rail system operates. >> reporter: now the representative is confident that the house version will pass quickly and it will be resolved in a couple of weeks, jenna. >> thank you. right now, there is a new twist over the second amendment rights in new york. for years now, the district attorney office in nassau county

has banned prosecutors from owning handguns, not just carrying but they could not own them. just this morning came a sudden change of heart. under a policy change, nassau county prosecutors are allowed to own handguns but cannot carry them on duty and the weapon must be approved by the district attorney's office. fred casy is a former federal prosecutor and eric guster is a former defense attorney. i know you carried a woman as a attorney. >> difor years. i did pursuant. i had a license in the common wealth pennsylvania. we are not allowed to carry across state lines. but it is it a huge, huge responsibility. and i am glad to sue the nassau county da's to have firearms in

their home. and the other thing, they ought to take a fire arm safety course. >> but the idea that you were not going to be able to own a weapon. does that pass constitutional muster? >> no. second amendment right to carry a fire arm and yet employers restrict what employees do. when you inflifrj on the constitutional rights it has to be carefully tailored. they have now tailored it and it is much more in keeping with constitutional law which i got a b in. >> eric, it is constitutional to say they can own a gun but can't carry one as working as district attorney. >> when employers have employees, they have rules and a lot of people that carry guns

they should not. and fred, i agree with you. people have to be careful when they are carrying firearms at work. some people are hot heads and they can't do what they are supposed to did with firearms. >> there are cases, one in texas in early 2013. cofflin county district attorney and his wife cynthia, gunned down in their home from an ex, county employee who was upset he was convicted of theft and other things. if you are a prosecutor, aren't you a sitting duck if you can't defend yourself? >> it is not like a witness. you shoot me, the person whose office is next to mine will ultimately prosecute the case. as a district attorney we can

take these jobs and do things that is dangerous and unreasonable for the district attorney to tell da's they can't own a fire arm as evidence by the case in texas. it is a responsibility and yes, you can't be a hot head. i never had a road rage incident. it is not a luxury and you must act responsibly. and in the end, it is like a second engine in an airplane. when you do, you will need it big time. >> erica, they are targets and go out on crime scenes and working closely with court officers. and one incident in tulsa, oklahoma, a guy named michael flatten was there on charges of raping a child and picked up a water pitcher and threw it at the prosecutor so hard he broke her tooth and split her face

open. why not allow them to have something ta allows them to defend themselves. >> in the legal profession most dangerous is private practice. domestic relations, people do violent thing. and as a prosecutor, they know people are doing their job if they are prosecuting their case or not. they are not the most dangerous situation in the legal community. >> all right. again, the policy has changed as of this morning in new york's nassau county. fred and eric, thank you for debating it with us. >> and russia flying missions in syria. and what about isis, what our government quietly announced just yesterday after going after the money men next.

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breaking nows about the russia influence in syria ash carter in the top of the hour. how important will foreign policy be for presidential candidates. donald trump and christie have different opinions on how to deal with putin. and daughter of paul walker have a case against the automaker? join you go in the top of the the hour. >> russia and united states battle for air space in syria, new information on isis. this week the treasury and state department announced the targeting of top financers of islamic states. it comes from a dozen of countries. this comes amid growing evidence that isis and al-qaeda are working together on a tactical level. the defense of democracies and we would have missed it. but you have experience working

with the treasury department. what did you learn from what the treasury department just announced yesterday? >> first of all, the map is significant. we are looking at isis places in uk and france and morocco and libya and tu nissia and egypt and syria and iraq. we are looking at an isis' organization morphed and expanded and grown in ways that no one would have foresewn a year ago. we did see a lot of overlap between former al-qaeda fundraisers or current al-qaeda fundraisers in places like yemen and north africa that are wokking on behalf of isis. we heard a lot about the competition. and very new people talked about the collusion and the desination

from treasury indicates colougz. >> all of the talk of russia and syria and what we are and not doing. we are ignoring the horrendous terrorist group that continues to function. and based on what you learned from the treasury and funder ares, what does it tell you about the state or health of the terror group? >> they are co-opting al-qaeda fund-raising channels and funneling them through places like turkey and in the syrian frontier. things are going well for isis all things considered. >> how do we cut it off. >> part of it, and i mentioned it on the show. 565 border between turkey and syria. three different times in the desination that they are using that border to fund people and

money over the border. do something with the turks. we heard that the turks are doing a better job. but this tells us otherwise. >> josh earnest spoke about the way forward when it comes to syria. you recently wrote about the foreign policy of the administration and how you feel it has been work nothing tannedum with the bush administration. and listen to what josh earnest had to say. >> that means, russia will not succeed in imposing a military solution on syria any more than the united states was successful in iraq a decade ago. >> what do you think? >> he's got a point. i think that vladimar putin has forgotten recent russian history. they put bots, the saweds

galvanized the jihaddist movement and talking about roots of al-qaeda and taliban and other dangerous bleed jihadi organizations that continues to haunt us and the fact that the russians can deploy out you have syria where the saudis have asset and it is jihaddists are plentiful. putin could have opened up the door to a violent campaign against his country and troops. >> it is interesting to hear that comparison to say a political solution has to be paraamount. and johnathon great to have you on the program. thank you. >> new fallout from volkswagon's cheating scanald. they are rigging cars to put out more poluttants than regulations

allow. that is hurting more than just the environment. y says they'l the environment what are you supposed to do, drive three-quarters of a car? .

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. we have been telling you about volkswagon coming clean about a dirty little secret. the cadmits it installs software on millions of cars to give false readings. now experts say the extra pollutants in the air could pose a danger to your health. >> volkswagon has deliberately evaded federal epolitician requirements in half a million cars in the u.s. and 11 million around the world in installing a defeat device. u.s. lawmakers have asked the company to produce all documents that demonstrate failure to comply with clean air standards.

>> it's a really important step the e and the state of california must take to enforce the law and make sure public health is protected and the air. it won't help americans breathe easier. >> what can be done? u.s. environmental protection agency is planning to overhaul its procedure for testing diesel engines, john. some experts say they need to step it up. according to billing, we need to make sure everyone is playing by the rules t. victims are not only the owners of the vehicles, but anyone that breathes the air. so while lawyers struggle to clean up the mess, doctors will deal with health consequences. nitrogen oxide exposure from diesel fuel leads to irritated lungs, headaches,s ath that attacks. long term the risks include worsening emphysema, heart disease and lung cancer. children and the elderly are the most susceptible. >> the individual risk is low. but the total rick across the

united states is substantial because these emissions from the volkswagons have been linked to somewhere between 40 and 100 excess unnecessary deaths per year. >> john, the doctor points out there is a real concern here of worsening lung disease and heart disease. those exposed may need early treatment from their doctors. john. >> lots of shoes left to drop in this story. dr. seigel, thank you. >> thanks, john. >> we'll be right back.

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e. time for a final 30 a. semi truck carrying honeybees rolls over on the interstate south of oklahoma city, releasing millions of bees from their crates. officers and bee keepers race to catch as many of them as possible before setting the hives on fire. here's how it looked as one sheriffs deputy rolled up to the scene. he could not get out of his car because of a swarm of bees inside of it that trapped him inside, some people suffered stings. we are happy to report no

serious injuries. >> no thank you. >> that would be my response. >> a little scary. but we need honeybees. >> we certainly do. however, far, far away. do you feel like something is crawling on you? i do when i see those videos. >> thanks for sharing with us everybody. "the real story" with gretchen starts now. >> big news day today, russian warplanes dropping bombs on syria, claiming the jets are striking back at isis, but syrian rebels, they just posted this video right now. so this video reportedly shows attacks in areas under the control of rebels opposed to syrian president assad. a russian official given an hour's warning before the strikes and demanding we hold our planes out of syrian