andrea: maybe wisdom. men can handle a sports car. we're not done with this list. we have staying right here for "outnumbered overtime." you do not want to miss it. foxnews.com/overtime. click that tab. we're back on tv tomorrow at noon earning. -- eastern. "happening now" starts right now. the university merced. >> u.s. troops are dropping in europe x. we'll tell you the reason for the operation trident juncture. >> prosecutors said he shot his

wealthy father dead. >> and targets in the mess hall. it is all "happening now". we begin with the race for the whout white. candidates a ratify nothing new hampshire to file papers to run in the first of the nation primary. welcome to the second hour. i am jon scott. >> hi, jon. i upon artheth neville in for jenna lee. marco rubio is filing today and releasing personal records in the wake of criticism of his personal finances. >> i didn't inherit money and i have paid my debts and i have a mortgage. on my home. i grew up paycheck to paycheck. >> chris wallace is anchor of fox news sunday.

good afternoon to you. marco rubio is rising in the polls and with that rise comes now attacks from his arrivals. >> absolutely. it is his turn in the barrel and he did well in the last cnbc debate. he is rising in the polls. and latest fox poll he and cruz are in the teens and trump and carson in the 20s. and everybody else in the single digits. and head rises and people will take shots at you. and that's the down side of doing well. >> one of those people in the single digits is the guy who is considered the political mentor. he took a poke at rubio. >> i have gone through the campaign. >> and it is on record. everything i have done is on

record. it is the exact same thing and marco is explaining whatever he's done. >> and referring to the credit card thing that donald trump has been bringing up. >> and clearly the gloves are off between marco rubio and bush. >> they have to look at rubio and be afraid quoit frankly. he's shown on the debate that he has wild political skills. he is best talker of anybody in the race. he has an advantage of being hispanic and young and personable and those are things that are attractive to him and make his rivals worry with him. the question of money. let me explain it. two issues. when he was in the state legislature and one of the state leaders in florida. he had a party credit card and a

parentally used the credit card for a personal charges. this is something that came up throughout his political career and came up in 2010 when he run against chris christie in the republican primary for the senate. >> not chris christie. but charlie crist, that's right. and they were not able to prove anything. rubio said he shouldn't have used the political credit card for political and personal purchases and he paid them back. there is no proof he didn't. he will release records he hasn't released see far. you would have thought he would release everything. and no one cared and he was lower in the polls than t2 or 3

months before iowa. >> rubio will not attack his fellow candidates, but rubio mentioned that trump is the only candidate to have filed at least through his companies for bankruptcy a number of times. >> now look, politics is a beanbag. they pledged not to say anything negative. and if rubio feels the need. to he probably will. that's what primaries are about. they will explore and shape the contrast and try to succeed and part of that is driving the other fellow's negatives up. when you sit down with presidential candidate and chris christie. that may be why christie reference was on your mind.

>> thank you. >> homeland security representative michael mccaul will be there as well. there is concerns about homeland security and how well the tsan is doing in reports of the russian jet brought down by a bomb. check your local listings for the time it has run in your area. >> law makers are approving a major highway spending bill. paul ryan facing the reporters. his first words from the podium, it was a good week in the people's house. mike emmanuel is following it from the hill, hi, mike. >> reporter: hi, arthel. speaker ryan said his honeymoon on the job would likely latest 35 minutes and i asked him about that and it sounds like it is over. >> this was not a job i was

looking for or seeking tkind of sought me. i realized it was a duty and obligation and now i realize it is an honor and i have a honor in the responsibility and opportunity to serve. joishgs it is a week since he was elected and now leading 435 members. and the house democratic leader offered this assessment of ryan. >> to be tossed in, right in the middle of a legislative session and in the middle of negotiations on the budget and rest it is very challenging and having to make adjustments and additional responsibilities that i know speakers have to assume, it is i think really not, the first weeks not the time to judge a speaker. >> the top democrat is president obama.

they spoke on the phone but not met. ryan notes they have history from the 2012 presidential election. yes, i ran against him in the last election. i am a person that can get along with people. i like people who believe passionately in things even though they are not the things i agree with. i have a good way of getting along with people on the other side. >> ryan's relationship with president obama and former speaker nancy pelosi are just getting started in this new and critical role, arthel. >> hopefully he can bring some coales coalescence. >> and it is months of intense debate over the controversial pacific trade agreement. and the white house is releasing the full text of the transpacific partnership. the deal goes under the

microscope for 90 days before president obama can sign it, doug. >> hi, john, with the release of the text of the partnership, the administration is touting the benefits saying it will promote economic growth and jobs and enhance innovation and productivity and raise living standards and reduce poverty and promote transparency. but what will the fate be in congress? it is thousands of pages long. and speaker ryan noted it was agreed to by the 12 nations that it covers and not agreed to yet by congress. >> it is essential that america write the rules of the global economy. they sent the text and we have a lot of work to do to review the

agreement. we don't rubber stamp anything let alone trade agreements. >> there is deep dwegz over the tp, p. democrat front runner is opposed to and deep labor and nancy pelosi and on the republican side. donald trump won over blue collar voters that he will punish american companies that outsource overseas. this will be the president who needs votes in congress to get it over the finished line. the republicans may have a great deal of leverage in the agreement and the way it is crafted. back to you. >> doug, thank you. >> right now russian president putin urging western leaders to be patient and wait for

investigators on the ground to determine what caused the devastating plane crash in egypt. sources confirming that u.s. intelligence that a bomb planted by isis brought down the plane. putin said it is speculation. british prime minister david cameron meeting with the egypt counterpart in london that it was too soon. >> there is an investigation in egypt and we need to see the results of that investigation. the reason we acted before that because of intelligence and information that gave us a concern that it was more likely than not a terrorist bomb. >> mourners gathers in russia and remembering one of the victims from the tragic crash. all 224 people were killed when it crashed on saturday.

>> newly released 911 calls released a shooting. >> it looks scary. >> the phone call ignored and could police have done more to save lives? >> fort hood victims and their families were promised benefits they were denied for six long years. why the army said the case is on hold. and we want to hear from you. with the presidential election one year away. who would you like to see win the gop nomination. go to up and running and go foxnews.com/happeningnow to join the conversation.

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>> a guy walking around with two cans of gasoline. two small cans. and a rifle i don't know if it

is role but it looks scare. >> questions on whether authorities responded quickly enough to a sh emergency dispatchers labelled it as a possible robbery in progress. the officers were sent to another one. nine minutes later the same woman called back. >> i just called and the guy fired a gun at somebody and he's lying on the street dead. >> witnesses say the man appeared calm and collected as he gunned down two more innocent victims. he later died in a gun fight with officers. they acted with local and national protocols. >> it was six years ago today that army major nadal fired in fort hood screaming god is good

in ara bic killing 13 people. the it was called terrorism and not work place violence opening the door for families. now one victim is fighting for the help he was promised now long over due. >> thank you,>> reporter: the staff sergeant was shot six times. and two bullets are lodged in his back and leg. and they expanded the criteria, and it was a massacre. many survivors. >> and it is unheard for someone to receive the purple heart and not have injuries combat related

and the fact that you have al-qaeda- inspired terrorist attack we were shot in and not combat related is ridiculous. >> the combat related classification affects manning's retirement and benefits. even after the army secretary intervened, this e-mail shows that manning's case is on hold seven months later because the army board wants more information from washington. currently we are waiting on final guidance on the department of army to inform us that his conditions can be determined to meet combat criteria. they are dealing with it in the context of work place violence even though the shooter was a follower of the cleric allah malca. >> they are fighting the battle

that began in 2009. >> i think part of the push back. they are reluctant to label the shooting as a terrorist attack in the department and government itself. >> they are looking into manning's case and he did get some back pay and needs the combat desination and it will affect his retirement pay and medical benefits going forward, arthel. >> thank you, catherine. >> nato is flexing military might. take a look. the alliance is conducting military exercises, biggest in more than a decade. they are sending a message to russia and dramatic new surveillance footage shows

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>> right now, nato conducting large scale military exercise in southern europe. 36 different countries are taking part in operation tridept jufrpthure involving thousands of troops to show potential trouble makers namely russia that the allies are ready to respond to any crisis. we'll bring in general scales. >> hi, arthel. >> let's start here. let's hear more on how nato is sending a message to russia.

>> i was in europe observing these operations and they are impressive. it is an opportunity to bring all 28 nations of nato and ten partnering nations to show resolve and deterrence against russian aggression. this will happen through spring with atlantic resolve. i was inro mania and watching the american calvary crossing the romanian bridge. you have to run the numbers. there are only 30000 army troops to defend europe. and that is a force smaller than the new york police department and deter russia and 46 percent of the world's gd, 450 million people. and the force that we have to deter russia is frankly just too small. >> in the meantime russia is on

the move and gaining more military strategic positioning. how much more time do does nato have to respond to stop that. >> the russians showed an amazing capability in ukraen. they resurrected artillery and rocket forces that are direction finding and electronic warfare. very impressive suite of weapons and a brand new tank and yet the united states army still has not stationed a heavy force in nato. and see at least in terms of numbers and perhaps not in terms of capability, it is time to reenforce nato because putin is showing the rest of the world in the aggression of crimea and ukraine that he is serious about

affecting nato to break the a liiance and it is up to the united states to lead the counter to putin's aggression. >> if it is confirmed that isis took down that metro jet liner, will russia who is denying and saying hold your horses, and wait until it is confirmed f. it is determined that isis took that jet liner down. will russia uploesh on isis? >> that is a wonderful question. 13 years ago, when the russian submarine suffered the horrible accident and there was pressure on putin from the russia people to get to the bottom of it. the russian people are sensitive to the senseless slaughter of their people. putin will demand revenge. no putin will come down hard.

he's not limited by rules of engagement. and he will turn on isis with a fury as son as he accepts the fact that isis is responsible. >> i understand you brought pictures for us. and have you pop p them up. >> i attended a river crossing operation part of the larger nato operations in romania. and that is a russia soviet era bridge with american soldiers crossing it and demonstrate that nato is a true coalition that america leads and part of. and you can see from the pictures it is impressive, >> and that is impressive and i can't wait to talk to you again about what happens if russia unleashes all of its military might on isis. i have to go for now. >> thank you, arthel. >> and new video surfaces of

a violent attack in an arizona prison. seven correction officers were hurt. inmates in the florence mess all to confront officers walking through the tables. the dangerous inmates kicked and punched officers that were only armed with stun guns. and pepper spray. when things happen it gets bad quickly. an officer has suffered serious head injury and the other officers were treated for injuries. the inmates are being prosecuted for the attack. >> new biogravy from bush. what bush is saying about their response to 9/11. let's hide in the attic. no. in the basement. why can't we just get in the running car?

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in panama, which is a city of roughly 2 million people, we are having 5,000 new cars being sold every month. this is a very big problem for us with respect to fast and efficient transportation. it's kind of a losing proposition to keep going this way. we are trying to tackle the problem with several different modes. one of them is the brand new metro. we had a modest forecast: 110,000 passengers per day in the first line. we are already over 200,000. our collaboration with citi has been very important from the very beginning. citi was our biggest supporter and our only private bank.

we are not only being efficient in the way we are moving people now, we are also more amicable to the environment. people have more time for the family and it's been one of the most rewarding experiences to hear people saying: "the metro has really changed my life." >> we'll take you live to merced, california where there is the sheriff talking about the stabbing. >> see at this time, this is the information that we are able to release. we know that there are substantial amount of questions to general information this the case. and we hoping to answer a good majority of those in our 4:00 press conference. >> if you have the leads why not share. >> the sheriff commented and we are still working on leads.

our investigation division as well as collaborating with the university and other agencies that are assisting in the investigation. the sheriff would like to be accurate and timely information and it would be better for you and the entire world to be able to ask questions and hear from all of the players that are involved in this investigation. >> can you tell us why the fbi is involved. >> this will conclude the press conference. >> we didn't get a lot of information. you can see the suspect and the man who was killed as a result of this stabbing attack. fa isa l mohammed. 18 years old. and he was a student at the school and living in santa clara, a little bit away from the campus of the school. he's the one who pulled out a knife and tabbed the fellow

students and school employee at the newest university in the uc system. he was partially stopped by a construction worker who confronted the attacker and widely credited for saving lives. and then faisal mohammed stabbed an employee sitting on a bench. and then ran away. officers caught up to him and shot him to death. in israel and they are urging stabbing. and a great deal of questions of what happened to faissal mohammed. when we get more information four and half-hours from now. we'll bring it to you here on fox. >> in the meantime president

george. bush breaking his silence in his new biograpy. he is dishing out harsh criticism toward dick cheny and secretary rumsfeld as how they reacted to the 9/11 attacks. shannon? >> it was on the elder bush did not sugar coat things when he worked with the author. the american oddessy. that is the opinion of dick cheney. >> he likes cheney, and respects him, but he clearly believed and wanted historical record to reflect that he had objections of how cheney conducted the vice-presidentcy. he felt cheney had changed and

the elder bush said in george bush's presidency, cheney was knuckling under to those who wanted force. cheney never got criticism from george 41. >> i saw my role as being tough and ark greszive to carry out the president's policy. 43's policy to make sure we department get hit again. >> bush 41 said rums feld served the president badly. and bush 43 said. this i am proud to have served with dick cheny and don rumsfeld. i was fortunate to have him by my son. and don rumsfeld ably led the pentagon. and i am grateful to their good advice. and do not forget.

brett hume am examine the diaries at 10:00 p.m. >> fascinating to watch. thank you. >> the u.s. responding to russian aggression in ukraine by air dropping troops in europe. it is an effort to assure that american forces can be deployed from anywhere. mike? >> reporter: part of what u.s. paratroopers are doing is coordinating with nato alloys that the u.s. has their backs and part of it is sabre rattling and reminding foes out on there that the u.s. can rapidly deliver a fighting force. they are working with nato

allies and meanedful of destable wragz and aggressive moves by russia. this is a reminder that the u.s. can send a fighting force anywhere. >> we are sending a message to friends and partners that the united states will support them and will go to war with them. and also a message to potential adversaris who ever they might be. >> working together, the army and air force called their part ultimate roach. seven planes carried the paratroopers to spain. they are the core of a global response force. they main tain the skills to take the fight anywhere in the world. >> if we don't practice these all of the time the bayonet will dull. we have to be ready.

>> in any given time they are on a two hour recall. they have to be on the base and gear to deploy within 18 hours. >> mike tobin thank you for that report. >> new developments in the murder of a wall street mogul. why he may go on trial for the murder of his father.

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have you seen the video put out to smear donald trump on immigration. it involves the kids cursing and using the middle finger. we'll show it to you. and the u.s. saying that there is no determination on the plane crash. and teen coming home. the good story of the day on the

real story in the top of the hour. >> the son of a wealthy hedge fund manager is mentally fit to stand trial for his father's murder. thomas gilbert junior is accused of shooting his father after an argument over money. two court appointed psychiatrist found him unfit for trial. but the psychologist hired by prosecutors came to a different conclusion. his father was part of the company. he tried to stage the murder to look like a suicide. ryan is here and a criminal defense. and ebonnie williams an attorney and fox news contributor. good to see you. >> and brian, i want to start

with you. you say gilbert is unfit to stand trial. >> there are two other psychologist who examined and they are court appointed psychologist and they are neutral examiners of gilbert junior. i would make the argument that two neutral psychologist that examined him and his past material and psychologal history and determined he is unfit to stand trial. and the psychologist hired by the prosecutor is tainted and biassed because he is hired by the prosecutions. and what is the basis for his finding? the following questions have to be asked. did you examine thomas gilbert and all of his past psychological records and

interview his prior psychiatrist and family members to make this conclusion? there is a lot to be said that gilbert is unfit. >> let me see that ebonnie. the dan is hireed to support the argument. >> brian is right. it is my experience that prosecutor witnesses side with the pros's staps. there was an examine and only 30 minutes and in my experience for this type of comprehensive capitol defense is short. i would like to see a longer examine. do you happen the proceedings against you and help out with your own defense? if they feel like it is yes, there is a reasonable basis to find for competency. but that is different than

trial. that is a different standard. >> arthel if i could add something. the problem with the prosecutor's psychologist. he is looking at a current snapshot and like taking a bock and reading the conclusion and not looking at first ten chapters of the bock. the expert witness has to delve in his entire life. you can't do it 30 minutes and say he is fit to stand trial. at the time the murder happen he may have been delusional. >> brian, the mental health defense, you think will fly? >> ebonnie is right. if it goes to try, he can argue insanity. >> i asked you if you think it will work? >> it depends on the evidence of

his prior psychiatric history. if there is evidence of being treated for delusions and on medication. they are all factors to look at. >> ebonnie if she was on medication would that cause him to stage the crime scone. >> what brian is talking about prior medical history, his state of mind we are talking about at the time of the trial. it is important for trial. but right now, for the person of competency to stand trial. we are talking about his state of mind right now. if they people it is right collectively. it will be up to the justice. she will decide who is more credible. independent witnesses and state supportive. she will decide if he is to

stand trial. >> i didn't mean to side with her but she went to the law school in and i. >> and police are changing the focus in an embezzlement location sent by a fox lake officer who took his own life and staged it to look like murder. how his wife and son might be involved.

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investigators say lieutenant joe staged his suicide because

he had been stealing from a youth program and was about to be exposed. police have said two other people were involved and now they're taking a closer look at text messages between him and his wife and son. police also interviewing a woman with whom he was having an affair. the officer's death was originally thought to be a homicide and sparked a massive man hunt that lasted for days. the crooks grabbed the liquor bottle and a small keg of beer and points the gun at t de. the employee empties out the register and the suspect takes off. police in san jose, california releasing the footage this hopes of catching the robber before he strikes again.

health officials are not reporting any problem finding the source of that e. coli bacteria. it's another reason to turn people for healthier eating. they are encouraging shoppers to make healthier choices at the grocery store. >> it's very difficult to eat healthy all the time. unfortunately, some grocery stores aren't making it any easier. >> i always walk out of store with things i didn't plan on getting. >> it's always with the best of intentions. like most of us you see the pop tarts and sugar cereal and end up making unhealthy choices. >> we do. we do that because a lot of them have sugar coating. they are different colors. >> reporter: she isn't

completely to blame for buying junk. big companies place big blame for product placement like the end cap. they are are extremely effective. now this man is using some of those same marketing techniques to convince consumers to buy bananas and other healthy food. people will buy healthy if they are just guided that way. >> absolutely. people over and over again do what is suggested. baskets set up a specific compartment for fruits and vegetables and this not so subtle arrow pointing people to healthy foods. >> you claim this will also

benefit the grocery store as well. >> absolutely. produce is a higher margin item for the grocery store. by increasing demand for produce, they're able to make a greater profit. >> a healthy reminder is always welcome. >> it is. when ever you have signs showing us to the good things, we stay away from the bad. >> she says sometimes she needs a little help to do the right thing. >> we all do. a little help is a good thing. family forced to do some serious cleaning after an unexpected visitor leave trail of destruction in their house.

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time for our final 30. all the halloween horror movies have come and gone but this is real. a california man is recovering after doctors removed a live tapeworm from his brain. they discovered it after he was rushed to the hospital with the worst headache of his life. you think. >> a michigan family picking up the pieces after a deer jumped through their front door. the front window. wrecked all kinds of stuff in the house. they were eventually able to lock the door in a bedroom so animal control could come and pick it up. denver, my old hometown, getting its first measurable snow. >> glad the snow is not here yet. that live tapeworm in the brain, wow. >> you're going to have

nightmares. >> i'm having them right now. >> we're glad you could be here to hear that story. thanks for sitting. thank you for joining us. the real story with gretchen carlson starts now. it was suggested a bomb was planted on board the russian jet that crashed killing all 224 people on board pop who would be the prime suspect? could be isis. what else do you know? >> the claims and counter claims are continuing at the center of the storm, did terror bring