sandra: feel like my baton rouge twang is coming out. harris: getting southern. toss it to overtime. sandra: we're staying here for "outnumbered overtime" on the web. foxnews.com/outnumbered. "happening now" starts right now. killing. will he be standing on trial for first-degree murder. and a beanbag stops a would- be bank robber from getting away

with a heist. donald trump saying he is in it to win it. dr. ben carson in a surge in the top of the polls. trump sliding in second. and we should note within the margin of error. the rest of the field is far behind with bush and fiorina rounding out the top five. >> and we have the president for center for urban renewal. star, we have seen how trump handled the polling in iowa. and how is he doing see far? >> it locks like the bully has met his match, a former bully.

since ben occurson left an aggressive life to be more humble. the gop voters want someone to tell the truth and if they want them to do it decently and in order. someone who they trust and honest and quieter approach and finding it in ben carson. >> you think maybe the trump movement is over at this point? >> i do think that there is something to do that. i think the rise of trump and carson says much more about p the anti- establishment sentiment that is happening in the republican property than either of the candidates. trump has peaked i think in his popularity show. people don't know much about carson. he seems nice and said out there stuff in the last couple of days. and the things that republicans

should be concerned about. the strongest candidate in the field jeb bush is in single digit numbers. when the whole anti- establishment candidate clears. will he have enough to go get them. >> many say trump is over and reality show moved on and that is not the case. but it is one poll. interesting that you brought up jeb bush. we spoke with the campaign manager and i pushed hem a little bit about what some have suggested a new tone from jeb bush and potentially reports on marco rubio. this is a snippet of that conversation. >> who are you focusing on the fold as it stands today? >> great question.

we'll talk about jeb bush and 1.3 million jobs created. >> and you don't kir about trump or rubio. >> hi sustained economic growth and reformed. you are not watching them a bit danny? >> a little bit. >> and see that is a little bit. >> and interesting in the conversation. that is the way the conversation went. talking points about bush. and not attacks on anybody else. but danny diaz said this. this is note workingy and we'll play it. >>ç it is a contrast including senator rubio who are short on accomplishments and the reality is we need someone with a proven record to go in washington d.c. to make the changes that are necessary. >> what do you think of that? >> that is the attack from jeb bush. senator rubio short on accomplishments. is that effective? >> no, this is the problem that

jeb bush is talking about. he wants to talk policy and politics. american people are looking for leadership. and what is fascinating is the changing the narrative to insiderç outsider. when you talk about that you are talking about carly and carson and trump. 18- establishment, it moves the discussion to rubio and rand paul and ted cruz. jeb bush is in trouble. rubio is part of that anti- establishment. he's coming in with youth and ideas and ideaism. and that's what bush is not getting about where the american people are. >> what do you think about that? >> i did you say agree. in the first debate people were impressed with fiorina and then her numbers surged when she got in specifics.

it looked like they are looking at specifics. there is a lull since then. >> we don't know that she surged. >> i think it is clear she came cross as specific. >> she also went after trump. >> that is an interesting question. let me ask you about that surge. emily let me ask you about that. that is part of the question that jeb bush's campaign is dealing with. you don't see it from the campaign or cappedidate himself. what is effective, we saw from carly fiorina in the last debate, she's not afraid to speak her mind and go after people. is that what the gop candidate really needs to stay on top. >> i think that is what the gop. >> go ahead emily. >> is attacking trump what someone needs to be president

these days is unfingerprint. the reality it gives them a sound bite but they will muddy the field. we heard major gop donor putting 750 million in the race, but it is a food fight and he wants to see serious policy. >> there is a difference between policy and what carly did. she can stand her grouped and more than what she told us on her policy. jeb bush wants to talk about tomorrow's discussion. and today, people are looking for genuine leadership and stand tall and go after people trying to change the country for the worst. >> what that locks like will be interesting to what voters refer to. it is a big fold and we'll hear from ben carson. taking the top spot.

how will don would trump react. you think the reaction and these are national ones and go to foxnews.com/happeningnow to join the conversation. >> white house and congressional leaders reach a deal to avoid the government shutdown to pay our bills. a vote could come tomorrow and there is already griping. peter? >> this was a secret deal hammered out between the senate and white house. and appears to pass before the government shutdown. and just enough law makers and democrats and republicans to support it. it would purchase through the 2011 spending caps by 80 billion. and higher spending split eachly

between defense and nondefense. congress would crack down on partnership taxation and crack downs on waste and fraud. and raise the debt ceiling by 1.5 trillion and enough to keep the government running until march 2017. speaker boehner said he was trying to clean up the budget mess for paul ryan who did not seem to appreciate the hand. >> i made the clear i was leaving and i would do the best to clean the barn. and i didn't want him to walk into the barn. >> and this process stinks. this is not the way to do the people's business. and under new management we'll not do people's business this way. we are up against a dead line and that is unfortunate.

>> ryan will reserve judgment on the deal until he reviews it. >> wow, peter barnes. looks like a bone to pickç wit john boehner. >> and defense secretary ash carter laying out a approach on isis. the mission as you know resulted in the first american casulty in the isis fight. they are planning an increase on isis strong holds in iraq and ramadi and syria. >> this comes in testimony by secretary carter acknowledging that the u.s. will step up air strikes andç raids to combat isis. according to the officials, the president is weighing

recommendation including moving u.s. forces closer to the front line. republicans are crit otherwising the administration for not doing enough to combat isis and republicans pressed the secretary of defense on a continued debate of implementing a no-fly zone. >> it is not a new issue. >> it is a substantial military. >> you should have a position on it. >> we have not recommended that. we analyze. >> you do not agree with general petraeus and former gates and secretary clinton? >> we don't have a concept for no-fly zone. >> after all of these years no concept. >> that we are prepared to recommend. >> that is a continued presence of russian aircraft as they continue to support the regime of bashar assad. and the white house commenting on this and continuing to train

and advise and assist forces as they combat isis and the white house stressing they will not support a large scale force of troops. >> more violence rocking the west bank. >> it is it a fright eping situation for a key american ally. and there is a new tactic. using the internet for preventing blood shed. >> and a powerful earthquake rocks south asia in a remote corner of the world. did you know that good nutrition

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soldiers who in turned fired their guns. this is the latest in the violence in the cities. and the injuries are really serious. and this is what happened in the past. it comes as jordan and israel review plans to put surveillance cameras in the temple mount. secretary of state kerry helped with this last week. >> rescuers trying to reach earthquake victims between afghanistan and pakistan. a major quake devastated the villages and homes. more than 300 people are known dead mostly in pakistan. they are digging graves for the people killed. the powerful seven.foif magnitude quake hit an area that makes rescue and recovery very difficult. here's the latest from the london bureau.

>> a couple of things affecting the rescue and recovery situation. the first is mountainous terrain is some of the harshest in the world. the taliban control many of the areas hit by the earthquake and as such aid agencies and government troops are unable to go and the death toll continues to rise and will do see until they reach the areas. 339 are killed right now with with 2000 injured. land slides have cut off many roads. a lack of xhupgz in the area can't yet ascertain how bad the damage is. that is tragic scenes and coffins of 30 young school children were carried through the velage by loved ones and more such stories are emerging.

the president of afghanistan will decide they will accept international help only if they assess the damage. the taliban asked for supplies. and the pakistan requires no international assistance at the moment. it was the same strength as the one that killed 80000 people in pakistan in 2005. the epi from was 130 miles deep. but the people say the worst is yet to come and the threat of water born diseases is worse. more people can die from that than the earthquake itself. jon? >> sounds like several days before we know the impact of that tragedy. benjamin hall in london, thank you. >> a suspected bank robber.

and a man confesses to a crime. and the victim's mom said she doesn't know why it took see long. >> why did it take him 33 years to say i did that. unless she was haunting him or his conscience, he couldn't hanle it no more.

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it's gotten squarer. over the years. brighter. bigger. thinner. even curvier. but what's next? for all binge watchers. movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. >> police arresting a man from downtown los angeles. and the suspect accused of storming the bank and demanding a quarter million dollars in cash. he ran out with with a suitcase full of money and he didn't get very far. police were outside waiting for him. and he was not going quietly.

they were able to get him down. he was not shot there just to be chlor. they used bone -- beanbags. >> it still hurts. >> they got the cash back. >> testimony continues for a competency trial for a man in oklahoma that was accused of beheading a co-worker. he attacked the victim with a knife after being suspended from his job. the psychologist said nolan is incomp at the present time and he is asking to be executed and refusing to help his attorneys. this guy is apparently understands what is going on, he

said i want to be executed and i am not going to help my attorneys. >> competency is really to understand the charges that are brought against you and to be able to help your attorney. he's saying i know what i did. i beheaded one co-worker and tried to behead another one and i want the death penalty for that. so manies to be sane. but his lawyers say you are incompetent, you don't want us. and you can't know what is happening and have to be crazy to ask for the death penalty. in my estimation, that is not crazy. >> what is not mentioned in the trial, he was muttering islamic things and converted to islam. and that took place around isis

and does that enter into the court? >> no. he has a right to assist his attorney with his defense. and his attorney can't with a defense if his client is not helping him. it is based on a testimony on what is said he is not competent. he has an iq of 60. and one of the factors of if he determines or understands his defense. >> that is the legal standings. >> he said he knows the charges and he doesn't want his attorneys. i prosouted those. the court appoints an attorney to sit with them and converse with them if they need to. but the defendant is on the stand cross examining.

>> collin ferguson was one of those cases here in new york. and the other thing to understand. difference with insanity. >> that is the difference here. >> we'll let our viewers know what happens in that strange case. in the meantime, this is a long reach of a guilty conscience. a milwaukee man confesses to murdering a 13-year-old girl who disappeared in 1982. her body was found buried under a nearby deck. and the case went cold until the neighbor came clean 33 years later. this neighbor was 16 at the time and she was 13 and he comes up with what sounds like a a plawsible story and he wanted

to take her in the basement. and she was pushed down the stairs and her body is unconscious and he has sexual intercourse and then realized she was dead. buried her under the house where the party was. you have to wonder about the lack of police investigation. a girl disa pores and the police don't check the yard. >> we didn't have all of the forensic science. not making excuse. but he was a suspect according to the police. two things, 16 and 13-year-old. that is a jouf nile and it could be prosecuted as a juvenile. >> he would be tried as an adult. he raped her. and killed her. >> and then you can try it but

it will not work. second-degree murder in wisconsin has a statute of limitation. >> first-degree murder has no stateute of limitation. >> pushing her and doing what he did to her while she was lying there doing. it is first-degree murder. >> it is possibly a defense for this and i think he waited intention intentionally. >> he confessed to his wife and a tv and a mental health. >> all of them saying the same story and it is convincing. >> we'll let our viewers know what is happening. apparently a mystery solved decades later. >> and tensions rising between

two super powers. the navy plans more patrols and can china warns our ships to steer clear. and another brutal isis execution. the victim tied to ancient columns.

>> "happening now" now.

china is warning the u.s. warships to stay clear of the islands. they are taking its claim to the territory. and china is summoning our and they have more naval maneuvers. >> reporter: jenna, yes, strong words coming from china one official saying that the u.s. has threaten china sovereigntyty. and the u.s. sees it differently. and pentagon confirming to u.s. fox news that the ship was conducting are you tone operations and exercising its freedom of navigation and went on p trol in the south china sea. and the maneuver is a game changer.

the u.s. is long concerned over china's land and sea grab in that region and now doing something about it. one of the many reefs are built up in iowa lan. and this in a broader chinese claim for much of that sea despite claims from other closer in countries and the face off has just began. and however provocative to china, u.s. officials say this is the first in a series of freedom of navigation exercises and testing china's territorial claims and there will be a summit next month and the fear of course, that this could get worse and blow up in a real duel. china will resolutely respond to

provocations and in addition to warning the uss lawson it was in the wrong territory tailing the ship for a good deal of its patrol. hot spot, asia, back to you. >> it certainly is. we have the author of the coming collapse of china. we don't refer to these iowa lands as a iowa land. but why is the little patch of land see noteworthy. >> the important thing about the chinese, it is commerce that goes on and over. and the united states has defended freedom of navigation and chinese are trying to restrict it by claiming that chinese territorial water and using the separately's as a place to put air folds and

restrict. >> and we have talked about it over the past year and we are staying focused on the south china sea. why did the united states decide to put a war ship near the ilans and what is going on? >> a couple of things. china is more provocative they started two years ago to make them real io islands and we wand to wait to do this. we have not had a freedom of exercise. we waited for the china president to come to washington and apparently they pushed us to do this. we are the only nation with the capability and the chinese will close off the south china sea. >> you say it is a great day for america. >> we defended them for not only

ourselves and every other sea faring nation. they will close off the commons and we are a great nation to do this. >> you mentioned the construction around the islands continues and the presence of china is getting bigger and more provocative. and talk about wt is china's calculation. they a simple miscalculation can cause a bigger conflict. >> as people have said. history is littered with wars that would not happen. they think the united states is in terminal decline and they think they can push us around. they believe that we don't have will. and what they are doing in the last 2 or 3 years is pushing washington out of the way.

and finally countries in the nation. vietnam and philippines and japan asked the united states to show leadership and this is a problem for china. a i coalition is forming against/beijing. >> is this an effort to show america is part of the game. is it enough? >> from a legal point of view it is enough. this has to be done all of the time. it is part of the problem. we haven't done this three years. this is what the united states does in countries where they try to close off bodies of water. >> letty say you are advising president obama. and you know what is happening and see the decision to move the warship in the south china sea. what is the next advice to president obama. >> he has the power to push china in better directions. we think that china is 21st

century. their system is going through stress. half trillion dollars left china. that is a problem in society and they have a political system that is starting to fray. we hold high cards and we can tell the chinese what to do if we understand that we have the high cards. >> the white house will not comment about the military exercises that is freedom of navigation. i am paraphrasing that. we'll see where that goes. >> john? >> more than just freedom under attack and isis militants reportedly killed three captives in the syrian city by tying the victims to ancient colups and blowing them up. this is it a photoof a similar blast. a house today is holding

a hearing as the u.s. is continuing to be critized for not doing enough. >> president obama is taking a lot of heat in the years in the white house for often leaving a key position, ambassador the at large for religious freedom unfilled. and with stories out of serria, law makers are demanding to know how the white house plans to fill the issue. a rabby is heading up the effort and said the state department is focusing on making sure the u.s. is engaged around the world. skeptics said the u.s. gives favor to countries with religious abuse asks not helping those in immediate danger. radical terrorist are targeting

christians for complete extinction. and the u.s. has to act. nunless we act, those people who repreponderate a culture and a large population of people who worship god will be wiped out. they will genocide and it will be successful. >> the ambassador said the u.s. is using talks over the transpacific as leverage but admits there is a lot of work to be done worldwide. jon. >> thank you, shannon bream. >> marijuana measures will be on the ballot next year. and diner is going to the dogs. where four- legged friends are welcome to eat with pet owners.

test.

>> hi, everyone. i am gretchen carlson. fbi and a student aggressively removed by the school resource officer. one senator said the bergdahl prisoner swap was illegal. and donald trump has thoughts on women and burkas. and a man shoot who shot at cops in two different states. join us from the top of the story on the real story. >> and in one week voters could make ohio the fifth state to legalize marijuana reoccasional use. and they are expected to appear on. claudia cow an has more.

>> john, next year's ballot measures are not just legalizing marijuana. it is a a in nufer to help the democratic candidates. they know the issue fired up younger voters in states like colorado and oregon and washington and in turn propelled candidates to victrory. 1 or 2 percent who show up to vote. and they vote for our presidential candidate. and in 2016, along with nevada pro pot will be maine, massachusetts, florida and arizona where a high turn out on of millennials could hurt

senator john mccain. and in nevada, departure of harry reid has a u.s. senate seat up for grabs. >> it is a presidential swing state and democratics are playing defense. they love the idea of bumping up the youth vote. nnevada and five other states represent 116 electorial votes. >> and hillary clinton who could benefit the most supports immediate marijuana but yet to take a firm stand on the legalization issue saying it is up to the states to decide. >> thank you. >> and now, allowing you to down with your furry friend. downing -- dining the dog. many owners believe it will

increase business when it warms back up. several other states have similar laws. winston and jon on the back patio. what could be better. >> that is a steak house on madison avenue. >> that is cute. >> and out is not the word. >> he has a great personality. black friday is the biggest shopping day of the year. one major retailer will keep it closed for a extended holiday break. what it is encouraging folks to do. and a creepy annual halloween derby. and might give you the chills. >> children love it. and they love it. >> i try to beat my brother every year and it doesn't work.

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one retailer is planning to close its stores this black friday giving employees the day off instead. rei is foregoing the biggest shopping day of the year. instead encouraging workers to spend in the great out doors and not in long shopping lines. jonathan. >> if your idea of post-thanksgiving fun is buying a new sleeping bag with patent pending gills or you just need a pair of moisture wicking yoga pants on november 27th, you're out of luck. rei will not be open on black friday. the company is encouraging employees and customers to get outside instead. partaking that other great american past time taking selfies of awesome adventures

under the hashtag. >> i think it's important for brands to be true to who they are. encouraging people to get outside on a holiday like thanksgiving, we believe that's an important message. >> important enough to shut down business on what has historically been one of the most important retail days of the year. other stores are bucking the trend on thanksgiving itself. rei is the first retail giant to shut down on black friday. >> i have to admit it was a bit shocking, but the more we thought about it, the more excited we got about it as an idea that as a co-op we have five million members that love the out doors. we really believed they would get into it as well. >> those five million members are expected to rush outside after thanksgiving, climb every

mountain and in the process achieve the twin goals of make themselves feel superior to the rest of us while simultaneously working off that delicious vegan thanksgiving of quinoi salad and kale chips. good luck to them. i'll be at the mall. >> will you. where do you buy your yoga pants s ? >> you never want to see me in yoga pants. >> he always brings the right tone to these stories. >> i have spent some time in rei stores. >> they are exciting if you're an adventurer like yourself. the small town of ohio thinking outside the box using

caskets and tomb stones for their halloween derbies. >> when they look at it, that's weird. that's different. you put them together, everybody enjoys it. it's different. a lot of people get involve ed the kids. >> i leave with a smile on my face everywhere. it includes a contest for pie baking best costume and a lot more. the u.s. women's soccer team still riding high after the world cup win. who did they celebrate with today? the final 30 is next. we always were told we were german.

we were in a german dance group. i wore lederhosen. so i just started poking around on ancestry. then, i decided to have my dna tested through ancestry dna. it turns out i'm scottish. so, i traded in my lederhosen for a kilt.

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ensure. take life in. check out this. from minnesota a giant pumpkin smash. 1400 pounds of pumpkin being dropped from a crane. the pumpkin was hoisted 80 feet up and they let gravity do its work. >> why not. time for the final 30. the u.s. women's national soccer team scoring a invite to the white house. >> rare birth for a ben gal tiger in china. mom giving birth to five cubs at once. they're all doing well. >> way to go. check out this sand castle this miami going for the record of world's tallest sand castle. this from miami to istanbul

there's someone on the beach that wants to kick it. >> they had to use some glue or something. >> thanks for joining us. real story with gretchen starts now. thanks for very much. china responding to the u.s. envoys that they are sending a ship into the disputed waters. one smart contending the bergdahl prisoner swap was not legal. federal officials getting involved in that school confrontation between a student and an officer. we're here to bring you the real story. it starts right now. the pentagon top brass getting grilled about isis on capitol hill today. defense secretary ash carter and joint chief chair general testifying on the u.s. strategy against the terror group confirming reports that the u.s. is looking into moving u.s. troops closer to the front lines in iraq and syria.