they will take away my computer at work. it was smart of them to do that. $3 million a day. okay, we are going to talk about the first time we ever bought a playgirl on "outnumbered". i am going to tell that story "happening now" next. on espionage charges is convicted. jason rezaian brother joins us. >> a deadly inferno in an apartment building. >> both were pronounced dead.

>> and final report on the crash that killed 298 people. safety experts say a missile shot down the flight. will anyone ever face justice? it is all "happening now". >> but we begin with with the first democratic debate. five candidates duking it out tonight in las vegas. welcome to "happening now", i am jon scott. >> and i am jenna lee. on stage. sdtq-and jim webb an and bernie sanders and hillary clinton. and joe biden, if he decides. could there be another candidate. you never know. and donald trump will tweet the whole boring thing if he stays away. what is going on in las vegas?

>> reporter: i will drinking coughy and lookingñr for the tweets no doubt. and joe biden, they have a sixth podium waiting for the vice-president. and no signs of him diverting his planes west. i spoke to a top fundraiser and he said he believes he getting in but anyone's guess. he is leaning and get in after the debate and not show up here tonight in las vegas. that would obviously scramble things big time. hillary clinton came out still leading the pack. and still watching bernie sanders close on her heels. and vice-president joe boyd bide if he gets in. and here's what is interesting in the new poll, in head-to-head match ups, hillary clinton despite leading the democratic field is badly trailing ben carson and donald trump and jeb bush and loedzing to carly

fiorina. joe biden. you can see in the head-to-head match up leads donald trump. and bush and fiorina. >> he could be a better election compointment. and don't forget about bernie sander xdares. he's leading in polls in states like iowa and new hampshire. listen to this. >> this is a take on the establishment campaign that is catching fire and a movement. the senator talks about the need for a political be revolution and we are going to change theñ way our country is working and it is resonating today. >> he had major rallies. bernie sanders and one of them. and 8000 people. he's getting large crowds and what is interesting to watch tonight. he can break through on the stage. hillary clinton debated barak

obama 20 times back in 2007 and 8. she was tested before. the others haven't been tested like that before. >>c we'll so what happens, tonight. >> and the associated press digging in to the software used by hillary clinton's software server. it kept her connected to the internet that made her vulnerable. the president said mrs. clinton's private e-mail was a mistake. he said the national security was not at risk. joining us is tom blevin executive editor of real chlor politics. hillary clinton had a couple of good weeks especially when kevin mccarthy made that remark. saying that the benghazi committee was set up to torment

hillary clinton. what happens with the investigation now that the ap, has done here, tom? >> it xdrefocuses the story on hillary clinton's private server and whether she endangered national security by allowing classified information to be potentially accessed by you know, our rivals around the globe. she has been on the offense with the allegations that kevin mccarthy being the benghazi to damage her politically and she made great hay out of that. this is a different story. the ap report security experts said she didn't take the basic security precautions and anybody could access her account. her campaign said there is no proof. [inaudible] >> we are losing our audioxd

connection. all right. we understand that it is good again, tom. tom, we had broken audio from you for a second. let's hope it is restored. you were in the mitted of talking about her campaign's response to the story. >> the response is that there is no proof that her account was accessed or hacked. and that is bep side the point. like i left my doors on my house open and no one broke in. that is not the issue. the issue is whether she had classified information available to be accessed and we'll continue to learn more and more about this. i would be shocked if she is not asked about it in the debate. >> she is the front runner and does she have the most to lose with her performance. >> and time you go in front runner you have the most to

lose. the game plan is to not make huge gaffes and that is probably her strategy. and the question is how aggressive the other candidates are against her. bernie sanders and martin omolly said they are aggressive and whether she needs to counter punch. >> ronald reagan had the line thou shalt not speak ill of your fellow republicans. does that exist in the democrats? >> so far it has. bernie sanders and martin o'malley, they haven't gone after clinton on the honest and trustworthy issues. and we'll see. and for a guy like martin o'malley. this is his chance to stand up there and try to make a mark in the campaign.

it might be his only chance and he may take her own directly. we'll see. >> tom, bevins, glad we got your audio fixed and we'll get answers in the debate. >> thanks, jon. >> we want to hear from you. who do you expect to win tonight. go to foxnews.com/happeningnow and get your thoughts in the conversation. well, planned parent hood is no longer accepts reimbursement from medical facility. peter doocey is live with where we are now. >> reporter: all of the money planned parent hood gets for reimbursement. and they it is through medicaid. no more checks will be written to cover the coast for fetal tissue. that was planned parent hood's

head. but their president issued a deif iiant statement. that this lays bare their real agenda. when the attacks continue as we unfortunately expect there will. they have nothing to do with concern over fetal tissue donation and everything to do with banning abortion in the u.s. the reason that planned parenthood funding is challenged is because of the video that is showing them haggling over the price of fetal tissue. some law maker3w ares think tha the provide's problem run deeper. >> 2012, planned parenthood spent 12 million in advertising. in fact 11087452. and 100 percent of that went to

democrats. every penny, every single penny went to democrats, no wonder they are defending the repulsive game. >> reporter: and republican congressman marshal blackburn said there is a ways to go with the congressional investigation in planned parenthod. today's announcement does not end the scrutiny. >> thank you. new information coming out of syria the pentagon confirmed that u.s. and russian jets came within visual identification range. that is a few miles apart. both pilots acted appropriately. more talks with russia on the procedures are scheduled. >> with iran flexing its military might, and apparently by sea. how iran is stocking up weapons

even after approving the nuclear deal with the west. and the journalist convicted. and we are hearing more about a prisoner swap. >> jasson needs to get out. he didn't do anything wrong and he is come home.

>> iran successfully test fired a new torpedo. state- run media reports that the torpedosystem has a destructive war head to be used against larng ships and effective in deep or shallow water. they used anti- deception techthology. iran produced their own weapons. >> interesting we had a missile test over the weekend. and a reporter jailed in iran was convicted with espionage.

and he was arrested last year and thrown in iran's notorious prison. and subject to hours of interrogation. since them contact is impossible. and his family isi] left in the dark and not clear if a conviction was reached, all iranian officials is hinting at a prisoner exchange. jason's brother has been in the battle to bring him home. any news? do we know anything about his potential sentence? >> no, my sister-in-law and lawyer went to fine out about the sentence, they were told there was no translator and they will tell them when they come back. they haven't said what the verdict was about. there were four charges we don't know what it was about. >> thank you for using the word verdict. obviously they are one and the

same but we know little at this point. how frustrating is that? ez my family frustrating but for jason it is torturous on. he is looked up and innocent and it keeps on-going. i am getting headlines from the white house. and ironic beally this topic is coming up. i will read what i am seeing on the wires. the white house said they are concerned about the detention of americans in iran including jason rezaian and they have not heard about the conviction of rezaian from iran. you buy that? how does that make you feel that the white house doesn't have any information? >> you know, i think the iranian government doesn't give out information. it is ridiculous for 14 months and i know the u.s. government and iranian government is

talking on-going about the citizen. but it doesn't surprise me that the iranians haven't talked about it. >> hearing the reports coming out in different media and like test reports of a potential prisoner swap. we know about jason and the other americans in iran, but it is unclear to us who iran wants that the united states has. >> i don't know. the president of iran came to the united states and started talking about this. it was unbelievable to have him say that the united states would have to release people that were convicted of sanctions busting in order for jason to getxdñ released. it is ridiculous. >> what was the last time your jason. >> she saw him this morning with

my sister-in-law. he was depressed and scared about the future and it is really not a good way. >> how is his health? deprived of medical care occur so long and ignored. and high blood pressure is worse than it was before. high cholesteral now and it is getting bad. >> we want to remind the viewers he's held longest held journal willist in the iran. one other journalist is still missing also in syria you have aggressively out to defend yourself brother and know he's innocent andxd honest journalis and trying to work in jfiran. he stepped forward for you and yourok family in a tragic time d you are doing the same for him. tell us about jason as a brother. >> he is a great guy and loves

people and he's very social. and that is specifically what you are asking about in 2011, my five-year-old son died unexpectedly. woke up sick and dead wife i got to work in the morning and i had to call him up in teheran and he got on the plane the same day and was back in california the next day and he said i will stay here as long as you need me or want me, too. and four weeks later our father died. and he stayed six more months and took care of my father's estate and helped out that way and helped with my mom and got her settled and then went back to iran to practice journalism. >> your family has been through so much. just hearing what your family has gone through and continues to go through. i think only helps us understand a li about why jason needs to be free and freed now.

we appreciate your time as always and we'll stay close on. this we appreciate it? >> thank you so much. >> on a related note, the white house daily briefing just got underway and the white house is saying that there is strong indication that iran's missile test did violate the u.n. security council resolutions. that involved a long range surface to surface based missile. the white house said it was separate from the nuclear !u8 agreement, suggesting that they don't want members of congress and others who might be upset about the ballistic missile test that is in violation of u.n. security council resolutions they don't want that tied to the agreement that the administration put forward. if you are going to develop a nuclear weapon you have to

have a means to deliver. it ominous sign that the iranians are working on this. >> and the timing, right. the missile and the report of the -- that you just read about under water missiles as well and then the announcement of a conviction for an american there. you can't help but think they are all tied together. >> they don't happen in a vacum over there. >> we'll watch everything out of iran. and a down of a malaysian flight over ukraine. does it get us closer to holding those responsible accountable today? and two brave firefighters lost their lives battling an inferno. >> it's difficult when you live with somebody 24 hours a day and laughing and joking one minute. and then, something like this happens in the line of duty. you total your brand new car.

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>> two heroic firefighters. and men were trapped inap apartment building that went up in flames and the firemen helped two people to get to safety. the chief spoke about their actions last night. >> what is good for their families to remember, they did not do i in vain. they saved civilians and carried them out on ladders before the wall collapsed. >> the fallen four fires were 17 year old department veteran larry ledgeio and 13 year veteran john da$!9ñ

>> surface to air missile shot malaysian flight out of the skies in ukraine. the investigation including a reconstruction using thousands of pieces of debris recovered from the ground. it confirms the type of weapon with. a russian made miss and i will where it was launched. 298 people died when the jet broke up. it was fired from territory held boy russian rebels that was on the jet's flight path. one dutch official said ukraine had sufficient reason to close the air space but no one gave a thought to civilian air. john, any surprises to you in this xdreport? not in the accident report itself. what is surprising is the fact that the air space was not shut

down. that should have routinely been an area that commercial airlines avoided. there were airlines that had told their planes not to fly over that patch of a space. but malaysian airline that was reeling since the disappearance of 370 was short on cash and their pilots were proceeding over the dangerous ground. >> a lot of agencies give the information to the airlines. it is up to the airlines to read and understand that information that is put out and then make decisions. and then we have decisions on where they didn't do as good of a job and others in the same boat and the airline didn't do a good job of analyzing the facts that were available to them. some of the survivors of the victims of the air crash are

upset that the report doesn't go farther and identify who launched the missile and who is responsible. they are saying it was a missile that brought down the plane and to the minds of the family members it doesn't go far enough. >> and what do they say to them. it is an accident report and not an intelligence report. and so understanding the mechanism that brought the airplane down is important. but it is a war zone and it will take other assets and capabilities to determine just who launched those missiles. >> there are indications that as we are seeing in the here. this particular bookht missile system is designed to blow chap nel. they found bits of the projectiles embedded in the pilot's bodies. and the subposition that the

airline may have plunged intack from altitude and the people on board if they are back in coach, would have been conscious and aware of what was happening for 90 seconds, does that seem plausible to you? >> no, i don't accept that theory. at 33000 feet you don't very long and we have many examples of that type of atmosphere affecting humans in the united states. you may remember pane stewarts the golf person. the whole crew was put to sleep. there is not enough oxygen for enough of us to survive. we are not mountain dwellers and we are not used to the thin atmosphere and so i don't buy. it they may have been alive a few seconds but not 90. >> for their sake, i hope it was very quick. john, thank you.

>> thank you for having me. can you imagine the terror. few seconds or 90, does it matter? >> the front of the aircraft was disabled and broke up as it was tumbling but most of the fuselage was intake. >> and you point out. no one is held accountable. >> that could come in another year. >> let's hope so. jeb bush trying to steal headlines away from theñi democratic debate and he thinks it is through obama care. and wants to repeal the affordable care act. is this going to work for jeb bush? and putting the finishing 1eátjzcrats comes to town. we'll talk about that, next. ♪

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and blasted democrats, listen. >> hillary clinton supports it >> hillary clinton supports it and berniexd sanders an$@?! democrats in the debate tonight. in las vegas, they will prove to be strongly supportive of top down driven bureaucratic insurance plan that stifles our ability to rise up. this is what they like. they like the power of deciding these things. this is their essence. >> bush would replace it with a host of popular conservative reforms designed to lower the health care costs. he would expand health savings accounts and restore the insurance markets and employee sponsored coverage and a host of other things. bush is ahead of the pack on. this bobbi jindal is the other to offer a plan. scott walker did have a plan and dropped out four areñi weeks ag

>> donald trump is hosting saturday night live on november 7th and not talking about health care, but getting a lot of news about the live tweeting and this is announced and campaign spokesman confirmed guest appearance. donald did host before in 2004. and he's back a decade later. >> oh, yeah. >> just hours to go before that first democratic debate tonight and so what does it take to be and as a presidential candidate? jane hampton cook knows a great deal about these kinds of things. no matter who wins tis a historic election in its own a tomorrower cabinetñi secretar usually we have a ñrv, running d that may still happen, but you know, she's unusual.

the former first lady to run for president. and that is unique and on the republican side. you have a large field with three outsider leading in the polls. it is going to be historic no matter what happens. >> you said that you know, a lot of people, talking about joe biden, a lot of people observe ped that it is late to get in the race if he wants to mount a vigorous campaign for president. but you said there is precedent for get nothing late and doing very well. >> guess who did that? bill clinton. he got in late in october. he was extra teggic about it. would do. and that really opened the door for bill clinton to get in. and bill clinton said something interesting. in order to be president. you have to show that you can be

president and people have to look at you and imagine you as president. message and ideas. and that's what we are seeing unfold in the season. >> richard nixon had to resign. in part that he was seen as an outsider. there is a lot of outsiders on the republican side who say that that is the kind of appeal that they want to mount to various voters. are you seeing the same thing on the democratic side? outsider? >> no,çó hillary clinton cannot she was a first lady and senator and enmeshed in the washington scene. and back in '76, watergate people were turned off in washington. it was easier for a democrat or

now, it is not just a governor being an outsider of washington, it is a political outsider. it has changed a bit. carter came across cleaning up the mess and honest and that is how he won the election in '76. and gerald ford had a gaffe in the debate and they do matter. ford probably lost the election in part of that one mistake. >> wow, yeah. >> history is a illustrative in situation like this. jam hampton cook, ñijane, thank you. israeli prime minister benjamin netanyahu called an emergency cabinet meeting amid escalation of violence. conner powell has the latest. conner. >> reporter: yeah, jenna, the wave of violence that we have seen continuing for today.

and the attacks are are recent and brutal. and two palestinians opened up. and another drove a car in a bus stop and go out of the vehicle and went on a stabbing rampage. and in part three israelis and two palestinians were attacked. they are struggling on how to stop the growing blood set. that is more than two dozen were killed. and including several attackers. and prime minister netanyahu holding an emergency meeting. and promising a harsh response. tension has escalated here since the conservative and extremist pushed to pray in the temple mount. it is a holy site for jews and

muslips and under the international agreement jews are allowed to visit but not allowed to pray there and there is a member of the israeli cabinet that wants to build a third jewish temple there and that incited the anger of the palestinians. and this is just set you have a fire storm of anger and rage among the palestinians and led to weeks now of violence between the two groups, jenna. >> thank you, conner. >> the popular chain whole foods taking steps after a fire storm over a 70 year old customer and two blocks of cheese. and a meltdown over a macand cheese. a college student apologizes after his rant went viral. too little too late. >> i am just watching and

thinking oh, my god. what the hell was wrong with me?

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>> big question today. where is joe biden? dc or delaware or las vegas. will bill clinton watch his wife from the debate haulxd or the vegas strip. and on to the eight-year-old's birthday party. he jumped up and breaks her wrist and now she's suing him. >> donald trump is about to do something he hasn't done in ten years. we'll tell will you on the real story. >> one student is getting a lesson on social media. he was arrested after going off on an employee when they éñ refd to sell him jalapeno bacon and macand cheese.

watch this. yeah, yeah. [bleep] jala. >> the language. right. that went viral and now he was arrested and faces criminal trespass charges and his first court appearance. he's back on the internet apologizing for what you see here. >> no one needs to be treated that way ever. and at the time i was to say the least very intoxicated. >> and heger is a trial attorney. we all love macand cheese. but however, the behavior that we saw a snippet of was inappropriate and he was arrested for it. ñi >> i think he will deal with probationary terms. they can decide what it is they will make the kid do. it seems like he had a similar

situation in umass and all of the situations involve alcohol. if i were the judge, i would put him in alcohol help. >> the internet justice is so strong and getting so many negative responses. >> he spit in the manager's face by the way who did nothing. >> i don't condone internet threats. and this kid was a brat and he did it three times. he was arrested three times in one year and arrested. and a lot of time they are not happy with the dorm food. but three types ina5 a year. and he carried an open alcohol containener the ca feteria. and could he face jail time for this? >> he could. six months for the breach of peace. i don't think he will face jail time but the judge can craft

a solution. and every time he's done it involved alcohol. i think he has a problem with alcohol that needs to be addressed and face responsibility and maybe doing some. >> he pushed that manager. >> i am tougher on it and give him a now days in jail and so just berate and hurt these people who are doing a service is just wrong. >> that is theq question of social media justice. if you misbehave and caught on voochlt you get the wrath of the public. and a lot of folks are saying, please say send him to a food pantry. is it a legal case factored in any way? >> the judge can take that in consideration for sure and part of the evidence and it may not

have come to light but for all of the videos they have. and the other thing that does. go fund mes for the workers in the schools interesting how int justice plays a role and a greater punishment for young people. >> but also makes a star. he's getting hundreds of thousands of views. >> we are talking about him. ñ kid,( reverberate differently. and a 19-year-old to get all of that attention, >> most people think he is a real jerk. >> and you will never look at bacon jalapeno macand cheese. >> my college never served that. >> sounded delicious. >> thank you. it is it, jon, right? >> i like the way the workers took him down. the chap in the apron.

you go. >> president obama and vladimar putin jokeying for positions in syria. what president obama thought about arms the syrian rebels. talk to the phone but they text. could they be addicted to texting? heart health's important... so you may take an omega-3 supplement ...but it's the ingredients inside that really matter for heart health. bayer pro ultra omega-3 has two times the

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tand that's what we're doings to chat xfinity.rself, we are challenging ourselves to improve every aspect of your experience. and this includes our commitment to being on time. every time. that's why if we're ever late for an appointment, we'll credit your account $20. it's our promise to you. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. president obama raised a lot of eyebrows by admitting to 60 minutes he was skeptical about a failed plan to train opposition syrian fighters. the add mministration was hopin for a rely diplomatic solution, that might no longer be possible. rich edison joins us live from the white house.

rich. >> thank you and good afternoon. president obama has promised that syria would not turn into a proxy war between the united states and russia. as russia continues to increase its military intervention within syria, so is the united states. the department of defense says it's providing two vetted leaders of the syrian opposition, palace of small arms ammunition and other supplies. this is the u.s. phased out of that trained and equipped program to train moderate elements of syrian opposition. all this proves is the obama administration in syria has no cogent strategy. >> at the time it was something to make a difference with we haven't taken steps. with putin stepping in to the vacuum and iran assisting it really leaves very few options. it does. >> on concerns whether this will develop into a direct confrontation between the u.s. and russia, the white house is

saying it's republican who is are goading the administration into a proxy war. >> they say that because maybe they think it makes them look tough. i think they would have a hard time articulating why that's in the national interest. >> reporter: the white house and administration officials contend it's only there to support the assad regime. back to you. >> doesn't take much to create a real fire storm of trouble over there. thank you. new study finding some teens could pay the price for texting too much. teenagers use text messaging more than any form of commune k indication. they skip sleep or don't get work done. they might be compulsive texters. many have a lot in common with compulsive gamblers including lack of sleep, trouble stopping

and lying about how much they text. i feel like we're all guilty of compulsive texting at this point. is it just the teens? >> i'll put mine away. >> we'll actually talk to each other. change is coming for some iconic brands including the creator of some of your favorite beers. what's behind playboy's cover up?

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shocking cover up at playboy. the magazine says it won't public photos of nude women anymore. things change. >> every day. thanks for joining us. >> have a great day. the real story with gretchen starts now. tonight's the big debate night for the dems. will joe biden be there? even though he has hasn't secured the nomination donald trump is saying who he likes for his v.p. we'll tell you. a 12-year-old boy being sued by his own aunt because he jumped into her arms at his birthday party. five democrats gambling their future on a high stakes debate in las vegas. rolling the dice as they face off for the first time on the same stage in the casino strip