>> we will see you back at noon eastern tomorrow and for now "happening now." the justice department setting 6000 federal prisoners free by the end of the month in a one- time large release in history. >> are these prisoners dangerous? we'll cover all of the news happening now. >> i believe that all of the people running, no one has a better understanding of the national security issues that we face than i do. >> marco rubio speaks out. >> if you have a well designed plan you will win more than you use. >> we'll go behind the scenes with the florida senator. >> we return to them as a victim or witness. >> terrifying abduction, cops

accuse a young woman of faking her story. ni don't think so. >> and now the suspect in the gone girl kidnapping case faces the judge. how will that play a role in his defense? >> and i have to grow water on a place where no water is. >> how the martian are scoring box office goals. that's all "happening now". >> we begin with a fox news alert. a week of record rainfall devastating the carolinas. and soaking, and now the dams are in danger of giving away. i am jon scott. >> and i'm jenna lee. emergency crews are working to stabilize several dams. there are more evacuation and a drone showing how excess water

ravaged the roadways. the storms are to blame for 16 deaths in carolina. driving through the high water is dangerous officials are warning. garrett has more from south carolina. >> reporter: this is one of the areas that the governor nicki haley is watching. yesterday, you could drive down the mitted of the road and now the entire area is flooded with three feet to five feet of water. we are right next to the river. right on the other side of the houses. flood stage is 11 feet. right now it is at 15 feet of water. and it is still rising. you can see these homes are raised in the area, but not all of them are. the first floors have several feet of water.

and right where i am, it slopes down 3 or 4 feet. we are not going that way because we don't know how deep it is. you can so folks are getting around through this area. one couple used a paddle boat to get to their house to check. and they are helping anyone to get out of here. we have seen 20 evacuations. people coming in on trucks and walking through and using ra fts. this is the worst flooding since hurricane hugo back in the '90s. moving forward, this river, it is going to crest overnight on wednesday. that will be near 16 feet. so when is it going to go down? that will be several more weeks that it will stay at that level and several months before it

goes back to normal, jenna. >> that is a story we will continue to watch, thank you very much. vice-president joe biden has been deciding whether or not to run for office. news after a column in the new york times. joe biden in 2016, what would beau do? it was biden's son dying wish that his father would run for president. that was leaked to dowd by biden himself. it is no coincidence that the campaign moved after that colume. people read dowd and started to reach out. and he was just answering the phone and listening, but in truth, biden had placed an adin the new york times and asking them to call. gabby is a political reporter

for the washington examiner. and shane april is the publisher of campaign and elections magazines. so the organic draft joe biden run for the president movement, gabby is notes inially organic? is it going to hurt him? >> i don't think it will hurt him or any negative impact on him quite frankly. this just feeds in the increased speculation that joe biden will jump in the race and building up his operation. so far this summer, we have seen him meet with darling of the left elizabeth warren and courting ex- hillary clinton donors and they are hiring staff and building up operations in several key primary states. so if he would disclose the information to the reporter who broke the story about his son's doing wish. that will give him a platform to build on ahead of the

announcement. >> for those who may have missed the piece from maureen dowd. this is about the moment when beau. he was using the nouns and the right side of his face was paralyzed. he had a mission: he tried to make his father promise to run, arguing that the white house should not revert to the clintons and the country would be better off with biden values. maureen dowd writes a lot of stuff negative about hillary clinton. is this another one of those? are we to assume it is the way it really happen? >> if indeed the vice-president and this report is true, and the vice-president was the source of this, we could infer that yes, it reveals a bit of what the vice-president would display on the campaign trail will. he would attempt to be the

establishment alternative to hillary clinton. that is chlor if he jumped in the race. but the question is one of timing. modern presidential campaigns can't be turned on with a light switch. draft biden movement has been doing work and screening staffers for the campaign. but if the vice-president is doing this, he has a huge organizational hurdle to overcome. >> does it make him appear too calculating. certain people would say yes, he is calculating. and find me a person running for president not called calculating. i don't think it has a negative impact on his campaign. for him, it is a question of building that organization and make a firm decision sooner than later. >> gabby, his favorability ratings are giving the clinton

campaign fits? >> absolutely. he would walk in as the most popular democratic candidate. and poll out boy msnbc shows a 40 percent favorability rating and that is higher than clinton. and her campaign is likely envious. >> and we'll see if the third time is the charm. april. >> thank you for having me. >> and a presidential campaign spends a lot of time on the road. you don't see the campaign outside. and we are looking at one republican whose poll numbers are going up. and that is marco rubio. >> john, joins us live with atlanta with more on what he learned. hi, john. >> reporter: after that strong debate performance. marco rubio is rising in fourth place and some republicans are talking about him as the

favorite to win the gop nomination. but there is a lot we don't know about rubio and so we took to the road with him to find out what makes him tick. >> watch out. don't cross the line>> reporter: this is a side of marco rubio that you not have seen before. not senator or presidential candidate this is marco rubio the dad. he attends the football games of his sonsdom nick and anthony in miami. he used to coach and with all of the campaign travel there is no time this season. rubio played in high school in college. and gave him life lessons he takes with him now. >> would it teach you to fight through adversity and execute a plan and put yourself in the best position to win. >> reporter: i spent three days

with rubio, at home with his family in miami and on the trial in iowa. rise nothing the polls, rubio has been a wreckinizable face in iowa. >> my pleasure, you will see us here a lot. >> reporter: four months to go in the caucus us. some are skeptical he will follow through. >> if you go and sit back. and do what every conservative does, you are no better than them. >> reporter: how are you different? >> i always try to do things with a sense of urgency to it. the issues are real and accumulating for a long time. snieshgs perception that he is too young for the job. >> i am 44 and feel 45. and people my age>> reporter: . >> reporter: teddy roosevelt was 42 years old.

why do people think you are too young? >> it doesn't matter. what matters are you ready to do the job. i haven't lived as long as some of the other people running. but no one understands the issues better than i do. >> reporter: his close friend jeb bush is calling him a republican verlgz of obama. i asked rubio about bush's charge as during the time of speaker of the house rubio was a follower. he said i was the guy in charge. >> the world has changed in 15 years. issues in florida are not what the country is confronting now. rubio is less delicate when it is donald trump. >> reporter: he called you a light weight. what did you think about this? >> i think it is a serious job running for president and they

need to be taken seriously and that means having real ideas. the thing we don't diminish. donald hit on the disconnect between washington and our people. it doesn't feel like it works for them anymore. >> reporter: after two-days in iowa, i travelled back to miami with rubio and few hours sleep and take dominique and anthony to football. >> he plays here. rubio is just another parent. >> i can disconnect and focus on what they are doing. i enjoy it. >> we are joined by his wife who is rarely appearing on camera and she's shouldering the extra burden looking after the family when rubio is away. >> when he is here, he has to do his part for sure. the kids definitely are proud of their dad and i am proud of him, too. >> reporter: they have known

each other since high school and the engagement was a hollywood inspired. >> i was a big fan of the movie, and marco knowing that decided let me propose to her in the same way she loves the favorite movie. and we went to new york. and he took me up to the empire state building and proposed to me there. >> reporter: had you seen the movie together? >> yeah, i saw it and i thought it was about football. >> reporter: here i thought he was romantic. if rubio hopes to prevail in the primary process. he will have to convince the republican establishment that he is a viable alternative to florida governor jeb bush. he will have to have a stand out performance in the next debate in october. >> great to hear from him in a different setting. i wonder what other story the wife has. they always do. >> reporter: i am sure she has

a few, jenna. >> and he has a good football arm, too. >> he does. >> and russia violating the air space of a neighbor. they claim they are bombing isis in syria. do they have an motive >> and e-mails about hillary clinton's handling of libya and clinton's handling of libya and her reached out. any way you want it... sweet, spicy, and crispy. like wood-grilled teriyaki shrimp... ...and buttery garlic shrimp scampi. and yeah, it's endless, but it won't last forever. if you're an adult with type 2 diabetes and your a1c is not at goal with certain diabetes pills or daily insulin,

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i was really surprised that i wasn't finding all of these germans in my tree. i decided to have my dna tested through ancestry dna. the big surprise was we're not german at all. 52% of my dna comes from scotland and ireland. so, i traded in my lederhosen for a kilt. ancestry has many paths to discovering your story. get started for free at ancestry.com. >> the u.s. justice department announced it will free 6000 federal prisones in the end of the month. heading to halfway houses or house arrest before parole. this after the sentencing commission reduced potential penalties for drug offenders last year. 1000 prisoners could be set fro under the new regulations. congress never acted against the

change and the rules took affect last november. shaving an average of two years off prisoner's terms. uprising in libia. e-mails obtained by fox news, the messages seem to show that then secretary of state hillary clinton rejected a peace offer from son of dictator gaddafi. for more on this cathrein joins us from dc. >> reporter: on march 18th, 2011, the offer to talk peace was known to senior military officials close to gad obama. they will have skype video teleconference if time does not permit. a peaceful is still possible. and copied is the general jacobe.

he serveds director of the joint chiefs of staff. and a confidential told fox news he was instructed by clinton not to take the call. it was a peace offering and rescombrekz appears to be e-mail documentation that the offer was real and known to senior levels of the u.s. government and review of mrs. clinton's schedule shows that she was in washington d.c. and made three trips to the white house. the former state department official said it was not known what was discussed. but the olive branch from gaddafi's son would need the president's input. >> in all likelihood, anything like this would have been closely coordinated with the white house and national security advisor and president and chief of staff and it was a huge decision on whether or

not to act militarily. >> the general did not respond for a request. and mrs. clinton does not address the incident where a entire chapter supporting the libyan revolution. >> thank you. >> there is a shift in schedule for the upcoming house speaker vote and how a delay could shape the race between mccarthy and chaffetz. >> you heard about the twinkie defense. one suspect cited a bad reaction to a vaccination. will his needle defense carry weight in the trial? our legal panel breaks down the case. today, jason is here to volunteer

to help those in need. when a twinge of back pain surprises him. morning starts in high spirits but there's a growing pain in his lower back. as lines grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. aleve, all day strong. and try aleve pm, now with an easy open cap.

>> right now house speaker john boehner delaying the vote for a replacement. the republicans will hold a secret vote on thursday. it is a race between two candidates. it is kevin mccarthy and utah congressman jason chaffetz. >> it was tough and i told him why i was running and i thought he had a math problem. >> meaning 218 votes. >> that's what it takes and i really do feel i am not running against kevin but running for speaker. and shame on us if people don't run for the most person office in the house of representative. >> and mike emmanuel reported yesterday. they were friends up to this point and i guess there is questions about that moving forward. but likely reasons and the

latest on the capitol hill on the whole ordeal. >> men who would like to be the next speaker of the house will make their pitch behind to conservative sgroups saying how they would change leadership and move the house forward. oversight chairman jason chaffetz said he can bridge the divide. >> it is time for a fresh new start. speaker boehner stepping down. we appreciate what he's done, but at the same time we were elected with the largest majority we had since babe ruth swung a bat and they expect us to get results. >> kevin mccarthy is 50 years old and the favorite to replace john boehner as speaker and he gave hillary clinton ammunition in an interview with shaun hanity which the clinton campaign turned into the ad.

>> republican kevin mccarthy said the benghazi committee was created to destroy her candidacy. >> we put together a benghazi committee. and what are her numbers today? >> mccarthy's response today. the mission of the select committee is to phoned the truth period. the work they have done is beyond reproach. clinton decided to put class foyed information at risk and endanger our national security. most republicans don't see the gaffe fatal, but he is playing defense at a time when many house republicans want him to his leadership to play offense. >> thank you. >> russia beefs up forces on the ground with syria after claiming

fighting isis in the sky. and should the u.s. and allies change their approach? >> and "the martin" hits the theater and it is a box office smash. we'll look at why space sells tickets.

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vince of the flying branzinos got a bankamericard cash rewards credit card, because he may earn his living jumping through hoops, but he'd rather not earn cash back that way. that's the spectacle of rewarding connections. apply online or at a bank of america near you. nato confirming that russian jets violated air space over turkey not once but twice. calling it irresponsible behavior and russia said it is targeting isis support of syria and not u.s. backed rebels. rubio believe its is a well thought out plan. >> this is a cunning strategy. i will detry nonisis fighters and say only two people left fighting is isis and assad.

we are on ah sawed side who are you on? he wants to limit the opposition to assad. >> michael, it is great to have you. a few days before russia began the bombing campaign. you wrote we need a different approach to syria? what does that look like now? >> senator rubio's analysis, i think that is how russia thinks of. it president obama was correct about assad can't stay in power. he has killed 200000. and he created an entire region and back lash against him. the entire sunni world wants to unsociety him. my idea is what i call a bosnia model where we envision a divided syria with different

regions and there could be a region for the group that assad comes from and populates the mediterranean coast of the country and central mountains and central cities. and this is where russia has the naval base. that solution where assad would go in to internal exile in that zone. and russia would be the peace keeping force for that zone and we could live with that. and once we have to make progress and strengthen the moderate operation and weakening isil. that's the vision we should be working forward. and strengthen with a lot more conviction and emphasis. >> do the leverage we need to accomplish the mission that we should map out at this point? >> not at that point, absolutely not, great question, jenna. we have been reluctant to

provide meaningful resources for the moderate opposition. we have applied standards to make it impossible to rekraut and as senator rubio said. putin is inflicting harm on the battlefield. and so we will work harder to strengthen a moderate opposition. this will involve american trainers and special forces in certain parts of syria. once it is safe to do so and expand the strong holds and safe areas. >> we can't get enough recruits for the moderate forces because we are vetting in the wrong way and people don't want to leave their communities defenseless to go to syria or turk toe get trained. we have to get on the ground with them. >> sounds like working uphill if you will accept that analogy.

200000 losing their lives in syria. i looked at a photoof a bombing. and that is from a few years ago. no, that photowas just from the other week. it is happening time and time assad is bombing his own people and it is a genocide inside of syria and why do you use that word and why is that not raising alarm? >> it is a slow motion genocide. you could argue your way out of it and say assad is not exterminating group but defeat the insurgency that hide and rekraut. but a quarter million dead. that is a distinction without a defense and if you killed that many sunni muslim because you are afraid they are providing the recruits of the insurgency that is like a slow- motion

genocide. i use that word to shock people out of the indifference. we are so used to conflict in the middle east and feeling that it is hopeless, we tolerated something that is one of the greatest humanitarian catastrophes of my adult lifetime. 12 million people are displaced from their homes. they are not getting schooling generally and not getting proper medical care and developing occupational skills. >> you certainly have our attention and rightly so. we'll continue to speak about syria >> we'll with ask you about afghanistan there. michael. our top commander told senators that there is a new plan needed to respond to isis and al-qaeda forces. general john campbell testified today even as the president is considering keeping more american troops there.

senator marco rubio talked about this and he said something that caught our attention. i want to play the sound here now. >> our allies, saudis and others say they are encircling us. one things that is not reported aide that iran is providing elements in barain and there is a significant naval presence. and not report side isis growth in afghanistan. >> what sort of risk does that pose, michael? >> anything that senator rubio says i take sourcely. i am not sure it reaches the magnitude of like what we are see nothing the broader middle east. there is a witch's brew of bad actors in afghanistan and there is good and bad news of the performance of the afghan government. they are fending it off pretty well in the big cities and roads. but in the bad news, they lost a whole city.

they are taking it back and got a lot of it back. general campbell talked about that as well. it suggests that the afghans do night. a couple didn't fight well. but they are taking back the city in difficult fighting. and what it suggests to me an ally wants to be successful and enable and help them with a modest ongoing force and i hope president obama changes his policy. >> the whole point of having troops in afghanistan is to make sure it is not a safe haven for terrorist that attack the united states. we heard that 10-12 years obviously. but the question is not only about the number, but the intention of the troops, you heard from our own sources that the troops are not able to get out from behind the wire. they have to train and advise and they can only engage in combat if they are fired on and that leaves a lot of questions

for the american people of the risks and whether or not it is worth it. what do you see about the numbers and intent if we leave afghanistan with troops. >> we are trying to work ourselves out of a job and that should be your goal in these counter insurgency operation. but we have pushed it too far and saying our troops can only help request al-qaeda or al-qaeda- like global terrorist threat involved in afghanistan or if our troops are under direct attack. i think there are rules of engagement to allow you to go to the the aid of the afghans and we should bend it so the hospital tragedy. an american aircraft fired in support of the afghan forces. we are doing that frequently and

we need the flexibility even though the hospital case was a extreme tragedy. >> and we always cover a lot of ground together. i appreciate that so much. and thank you for the time today. we look forward to having you back as always. >> thank you, jenna. the federal government is cutting the space budget, hollywood is spending millions and movie gers are going to "instellar" and "gavity." and now "the martian" opens this weekend. and he joins us live from the new york city newsroom with more, michael? >> reporter: "the martian" almost defied gravity, but it had to settle for the second best october opening of all time. not behind you guessed it,

"gravity". why are american audiences captivated by movies about space? the weekend in the box office take nothing $55 million and the "the martian" shows that it is over the moon. >> look at "gravity" and "instellar" and box office stats show a desire for innergalactic travel. >> it came from a three d component and presentation. and the people closest they can get in outer space themselves is to go to a movie. >> reporter: the conversation of whether we are moving fast enough in the space endevors. >> no. we need to double down and you know, it is very important that we get some of us off planet earth so that we are not one

extinction level away from the oliteration for the human species. >> big news discovery. >> reporter: of water on mars. there is programs that were launched from prior administration and when it is end of the shuttle program. does nasa have what it takes? does it have the necessary funding and focus. >> right now, nasa has what it takes i believe. but the funding is a challenge. from administration to administration, we have a tendency to change your minds a lot. and that is the problem over on the next few years. we have to get in the next administration and keep the momentum moving forward and accelerate it right now. >> reporter: can the movies help? >> it helps a lot. this one aligns well with the current policy. and science fiction space movies

can be helpful. >> reporter: it is in the theater nationwide and there is already talk about oscar nomination for ridley scott and matt damon. fantasy football big business. and allegations of unsportsman like contact. and the players had a leg up on the competition. and investigators dismissed denise's abduction as a fake until solid evidence is found at a scene of another crime. diabetes, steady is exciting.

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hi, everyone. i am gretchen carlsson. amtrak is threatening to cut train service before christmas if congress doesn't extend the safety deadline. two police officers shot in the line of duty sug the gun store

that sold the guns. and carly fiorina is horrifying to liberals and marco rubio's response to donald trump over a care package that was sent to him. join us for the real story. the lone suspect in a kidnapping case pleads not guilty in court even though cell phone evidence ties him to the crime. matthew mueller is his name and appeared in court for the rape and abduction of denise huskins. police doubted her claims, but changed their tune after seeing mueller's phone. it connected the kidnapping. mueller said he acted alone and blames mental illness and a side affect of a vaccine for his

actions. first of all, the vaccine defense? >> right. you mentioned the twinkie defense. >> that didn't work. >> and all sorts. ampien. and sugar defense. defense lawyers, this is all they have. they have to throw something and a jury say yes, the vaccine. it was not a crime of passion. it was a well plotted out crime. and so really that vaccine affected him through all of the planning of double rapes and kidnappings? i don't think so. >> march 23rdrd. denise huskins was kidnapped from her home. her boy friend reported he was beaten and drugged when the kidnappers barged in and wanted 8500 in ransom and dow in two-days and deniseerouskins turned up in her parent's home

hundreds of miles ahead of the ransom deadline. and police were skeptical. dismissive even. we'll play you a little bit of what one of them had to say. >> if confirmed that mr. aaron quinand miss denise huskins is in a dating relationship and i will not refer to them as a victim or a witness. >> quinn was the boy friend of huskins. police call today a hoax and then they find a cell phone that belonged to the now defendant at a home invasion and led them to believe be that the case may be a real event. >> exactly. >> and for them to call it a hoax without investigating. they didn't investigate. it was a bizarre case. but they have a lawsuit for

defamation. they shouldn't have done that. >> what about the phone itself though? >> authorities are apparently using the fact that this giep used and the police realized this wasn't a hoax. yet, matthew muler is a defendant many this case. the issue is the federal kidn kidnapping act that was passed way back when in response to the kidnapping of the baby back in 1932, who remembers that. fast forward 70, 80 years you don't have to transport a body.

>> the cell phone has transferred from one state to the other. >> wouldn't you love to know what's on the cell phone. maybe you'll find out. we'll be right back. ay. ay. just switch from denture paste to sea-bond denture adhesive seals. holds stronger than the leading paste all day... without the ooze. feel secure. be yourself. with stronger, clean sea-bond. suffering from ringing in their ears, there's no such thing as quiet time. but you can quiet the ringing with lipo-flavonoid, the number-one doctor-recommended brand. relieve the ringing with lipo-flavonoid.

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x1 from xfinity will change the way you experience tv. allegations of insider trading not on wall street this time but fantasy football. rick has the details on this. >> fantasy sports has become a multi-billion dollar industry. they face allegations of insider trading. you can play for as little as a quarter and win up to two million dollars every week p picking teams of real athletes. last week draft kings manager

published data on the company's blog revealing everyone's lineup which could help players improve their odds. the same week he won 350 grand on fan dual. both companies released a joint statement that reads nothing is more important to draft king than fans rule than the integrity of the games we offer to our customers. both customers have strong policies in place to ensure that employees do not misuse any information at their disposal. we have no evidence that anyone has misused them. >> people who follow this industry knew for a long time that's it's almost impossible to win these games if you're on the outside. this is akin today trading. if you don't day trade as a regular professional it's hard to do a good job at it. >> the employees were barred from playing on their own site. now they are barred from playing

on any site. tougher government regulations are now likely. >> are you fantastic si football sort of guy? >> i am but not on the sites. >> we'll see what happens next. >> what would you do with $300 million. someone who won the huge power ball jackpot last week must make that terrible decision. we'll tell you what she's doing with all that dough.

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payment of 197 million which is still a lot of money. the 50-year-old is leaving her job. she fire add financial planner and said she wants to take care of her kids and grand kids. >> she ought to have enough money to do that. >> thanks for joining us, everything. how would you feel about the most dangerous prisoners coming to colorado prisons? the pentagon confirms it's considering just that. two police officers shot and now suing the gun store where the shooter bought the weapon. the search continues for a missing cargo ship with dozens o of americans on it. could they still be alive? a breaking story happening right now. amtrak threatening to shut down parts of its nationwide network unless congress extends the deadline to implement what