>> nasty, moldy food. can't stop me. i will skip on out of here. andrea: eat that mold, kat. we're staying right here for "outnumbered overtime." log on to foxnews.com/ot. back here tomorrow on noon eastern. "happening now" starts right now. >> they are looking into whether farook asked his neighbor to buy guns for him to not bring attention to himself. the safety of america takes center stage on capitol hill. and how the terror attacks could change the way visa and passports are issued. and murder of a well liked socialite on a quiet estate outside of new york state.

>> we have not located the fire extinguisher. >> why the police investigation is hitting road blocks. tension erupted in a town council meeting. what set off this scuffle? it is all "happening now". but we begin this hour with stunning new revelations about p the killers in san bernardino and how long the murderous plans were in the works. i am jon scott. >> we are finding information from the initial reports. i am jennaly. fbi director james comey that farook and malik discussed jihad a year before they were married. that means malik held extremist vows and the government didn't catch any of it and didn't catch

it for say-ed either. here's more on what we now know. >> re farook and tashfeen malic were radicalized by the time they came to the united states. and testified before the senate judiciary committee. james comey said they talked about the commitment to radical islam before they decided to marry. >> they were talking to open other about jihad martyr aredom and became engaged and married in the united states. joishgs -->> reporter: this is fairly sophisticated and a direct concern by the intelligence community. >> are you concerned that isis has the ability to create fraudullent passports or other

identification documents for the operatives that is as a practical matter it would be impossible to detect. >> yes, mr. chairman, the intelligence committee is concerned that they have the capability to manufacture fraudullent passports. >> reporter: there is for scrutiny of the fiance visa for tashfeen malic. he was asked about a false address that malik picked up. that gives her 90 days to enter into the u.s. and marry a u.s. citizen. in garland, texas there was new information about the two americans that tried to take out the prophet muhammed. the suspects had gone dark using encrypted texes and no one can

unlock, even unto this day. >> very scary. law makers are taking a hard look at the strategy against isis. ash carter assuring the senate armed services committee that the u.s. is not interested in half measures. >> the reality is, we're at war. that's how our troops feel about it because they are taking the fight to isil every day. >> the senior corspopdant peter barnes has more. peter? >> reporter: well, jon, carter announced new efforts to escalate the fight against isis in iraq after acknowledging that isis is not containing contradicting the comments by his boss. he is ready to order u.s. attack helicopters to iraq to help take back the city of ramadi from

isis. >> the united states is prepareed to assist the iraqi army to help them finish the job, including attack helicopters and a company of advisories if circumstances dictate or requested by the prime minister. >> reporter: just this past week, he had personally reached out to 40 countries to contribute more to the campaign. he requested special operation forces and strike and recog aniance and weapons and ammission. this is a week after he deployed a task force with 200 more u.s. personnel to carry out raids against senior isis fighters. the father of a third gunman spoke out in a dramatic interview today regarding the paris attack.

the father said he had disbelief and lost track of his son's movements. >> i knew he was in syria. he left two years ago. and he came back here and i didn't know. >> reporter: you are surprised? of course i am surprise. . you didn't understand he grew a beard. even everyone has a beard. >> he never told you anything about that? >> no, nothing, nothing. >> benjamin hall reporting that the murder of the terrorist sent him money in syria and he had written her saying he would not be back. they were able to identify him through dna. the brother returned to syria and facing terrorism charges. donald trump is standing by his proposal to ban muslims from the united states.

the white house said trump's plan disqualifies him and republicans and democrats called it unamerican. >> what was proposed was not what the party stands for and more importantly it is not what this country stands for. >> this is a shameless and a dangerous idea. >> rhetoric can inflame the islamic world. i think it can help their recruiting everies. >> let's bring in our political panel. jamie weinstein is a senior editor for the daily caller. despite the pronouncements from donald trump he has gained points as of late. how do you explain that? >> there is no reason to believe that the comments will hurt him in the polls. now i don't think the republican

electorate or islamic phobic are racist. but what donald trump tappeded into and not a well thought out way is a fear among the americans about terrorism, islamic terrorism. and suggesting that the way to solve it is ban all muslim immigration. republican leaders feel that is too broad of a brush and unamerican. but a lot of republicans are not looking at the specifics of donald trump's plan but tapping in the fore. and they will rally around someone who is talking like this even if he is talking about it in a way that is not helpful to the situation. >> the latest poll out of new hampshire 32 percent for donald will trump and next closest competitor is marco rubio at 14 percent. if he can take new hampshire and maybe a couple of the early

states, is he the unstoppable force in the republican party? >> this is key, jon. he's topping the national polls for some months. but when he's topping early states and he's doing those incredible numbers in new hampshire and also strong in south carolina and nevada. he could take off like a jet engine. iowa might be different because it is a caucus state and he does best among the gop leaners and notes insly the gop core that show up to the caucus and possibly doesn't win iowa. i could see him taking new hampshire and moving ahead. i think jamie is right. as someone who covered american politics for a couple of decades, one of my great lessons that fear is a great motivator. you can't underestimate that in american politics. it can be motivated for the wrong reasons. >> the washington post, jamie,

out with an editorial, it is time for republicans to renounce donald trump's candidacy and this is what they say. all of the other candidates should make it clear they would oppose him if he was the nominee. until now primary rivals have dodged the question by dismissing mr. trump's chances of winning the nom in aing. that's no longer viable. having stood atop of the field in recent months. mr. trump and his candidacy is not laughed off as a publicity stunt. the season of denial must end. >> you expect them to do that, jamie? >> i don't know if the candidates will. jeb bush and lindsay graham have denounced donald trump. i talked to top conservative thinkers last week and they couldn't support him any under circumstances. and i think top conservative

thinkers will say that. will that matter with the voters? he may lose bill crystal and top conservative thinkers. but they may not shape what is happening on the ground. he may lose the party elite and thinkers but people would vote for him and he could win the nomination without the republican establishment behind him. >> bill o'reilly said he jumped the chart. listen to this. >> i think it is entirely possible. i will talk to donald trump about this storm, that the latest comments on muslim sealed his doom within the parties itself. the chiefans who are loathed by many republican conservative, and they loathe him. no way we'll give him the nomination and he will not win the delegates outright. >> the danger for republicans is that he runs as an independent and takes the votes away from

whoever the republican nominee is if it is not him. >> he doesn't need to leave the party and the editorial is wrong in saying that party chieftans need to attack him. they have. they condemned him since the summer with his comments about the mexican imgrants and his comments about john mccain not being a real war hero. he's been attacked maybe not on air with money behind it. that hasn't happen. but elderly chieftans of the party. top leaders of the party condemned what he said all along and it doesn't make a difference. he keeps growing in support. in fact, insiders started embracing him, that would hurt him more than attack him. >> that would be a an interesting approach, a little love for donald trump.

>> the syrian city of homs is returning to rebel control. ash carter saying isis is not contained and offering suggestions on how to beat the terror group. we'll talk to a retired officer about it. in light of the controversial statements on muslim. what did bill riley have to say. go to foxnews.com/happeningnow to join the conversation.

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>> rebel forces in syria are abandoning the last strong hold in the central city of homs. they are rack vacced along with the civilian. the evacuation reached with the government that blocked off the rebel held area only occasionally allowing in food.

>> mccain drilling ash carter on the assessment that the united states has not contained isis. >> mr. secretary, do you agree with the general. >> i agree with what general said, yes. >> see if we have not contained is isil, how are we to believe that we are succeeding against isil? >> i think that we are building momentum against isil. i am going to be very careful about p describing the conjectory of that success all around iraq be and syria and actions taken in libia. >> joining me is the retire the member of the army special forces. i know you heard a little bit of what secretary carter had to say today. what do you think of the momentum and is it something to build on?

>> thank you, jenna. we can always find something to be positive, but the secretariy remarks sounded like what he said over a week ago. and the momentum in small pockets, but we need to prepare the american public what may be best describe a surge of embedded advisors and trainer. >> talk to me about that. numbers thrown out, give us a different impression of what would be affective in this part of the world. what do you think is needed? >> well, like i said, let's start calling them embedded trainers and advisors and never limit the amount or publicly disclose the amount we send in. and what we would like to see u.s. army special forces. same that were there in the surge that achieved success in major iraqi be cities like

bozra. and embedded trainers and advisors down to the battalian level. and up through the division level where their mission allows them to train, advise and assist and accompany the iraqis on the targets as they clear ramadi. and also jenna. go ahead. >> just see we are here, unshackle them. right now if you are a special operation forces. you are there in purely advisory rules and loosen it up and let the people on the ground engage? >> certainly. loosen it up and give them third a. train, assist and advise and accompany. let them go on target especially around the ramadi. and when our guys are shoulder to shoulder with the iraqi forces they fight better and it

shows them we are next to them. our partnership we can better gather intelligence. and the precision of the air strikes increases when our guys are putting the eyes on the target and the planning of the iraqi mission. with a u.s. guy helping to plan the mission together. >> just the last talked to an expert on national security affairs. if we put a big load. and i know you are not discussing. that you put the americans on the ground. that will help to radicalized some to isis. what do you think of that? is that a threat or should be a priority or concern right now? >> well, the bad guys, they will never know who the americans were and iraqi guys were. travel together on target and do it in hours of limited visibility and then return to

our bases and no one will know how many americans was on target. >> let me ask, i am hearing the white house that they are asking congress for 160 million to train more syrian local forces on the ground. we know that 500 million was spent on a handful of unsuccessful boots on the ground. local boots on the ground. what do you think of that investment? should the american to that? >> the pentagon is good at looking at what we did wrong and how we will achieve success in the future. now we know what to do and we'll do it right. >> lieutenant colonel, great to have you here. >> jordan is disputing a united nation's report that hundreds of this happeneds of refugees are at its border trying to get out

of syria. >> and terrorist taking advantage of the white house plan to accept syrian refugees in the united states. how officials are trying to address those concerns.

>> right now jordan is disputing a u.n. report. and claiming that the country has hundreds of thousands of syrian refugee waiting to get in. the u.n. is calling on jordan to take in more syrian. jordan has taken in more than 600,000 refugees. >> right now, the director of u.s. citizenship is testifying on capitol hill on immigration and border security. the testimony comes amid growing

concerns of people entering the united states and which people. mike emmanuel has the latest. see what is the context related to the hearing, mike? >> reporter: this comes at a time when many americans are worried about the nation's security. when it comes to those seeking to exploit u.s. immigration for their purposes in order to harm american citizens and see far they have told congress and public not to worry, the vetting process is good enough. the chairman noting that the officials to rubber stamp the president's plan despite not having necessary information and resources to fully vet syrian refugees. these issues and others will be exampled with director leon. i should note that hear suggest getting underway's few minutes

ago. >> see the san bernardino attack front and center on everyone's mind, will they ask him about that? >> reporter: jon, no question. we expect it to be where director comey left off talking about one of the san bernardino suspects coming to the united states with a fiance's visa and how she can quiet a see- called k1visa. >> san bernardino involve would two killers who were radicalized quite a long time before the attack. the investigation to date indicates that they were actually radical otherwised wife they started courting or dating on line. and on line, as early as the end of 2013, they were talking to each other about jihad martyrdom. >> reporter: a lot of law makers said if they know this about the person, how did she

get in the country and end up with that attack in san bernardino, jon? >> see many questions left to be answered, mike, thank you. a murder mystery in an upscale new york city suburb. a wealthy socialite found dead in her home. and the case grows colder by the day. now there is a reward. our legal panel takes up the case. and set back for apple and highly anticipated new products.

on "happening now", a murder mystery deepens in new york state. 83-year-old was found in her estate dead. the case is cold at this time and neighbors are increasingly concerned about their safety. they want to know what happened here? >> reporter: murder does not happen in this sort of wealthy community of west chester in the haven of vast estates and mansions known for privacy and serenity. this is the victim 83-year-old lois coaly the matriac of a 300 acre estate. a pool of blood and found by the caretaker and no forced entry

seen. >> she was found in the laund row room just inside of the garage. cause of death blunt force trauma. nothing appeared to be stolen and only a fire extinguisher was missing. police will not say if that was the murder weapon. there are no suspects and who would want her dead. >> she was a wonderful person and every time you met her she had a kiss for you. >> her husband, eeugene collie is not a suspect. he made a fortune on fast food franchises. neighbors were given the impression it was not a random. neighbors are nervous that such violence could happen in a community that is known for fox hunting and not murder.

one in three murders go unsolved according to the fbi since the 1960s. 200000 murders have never been solved. and the case is, will her case be another one. could it just have been an accident? >> i am wonder if she is in her octobers. but could it had been an accident or 100 percent of murder. >> the force was too severe to be caused by a fall. blunt force trauma. >> a mystery at this time. greg, we'll have more on this, at this time. >> ambrosia rodriguez is a defense attorney. and we have a former criminal defense attorney. to you first, you are a former prosecutor. if the police bring you a case

and say this is what we've got and this is the information, what do you want to know about what happened here? >> on my first impression, is that it is probably an inside job. as a homicide prosecutor, i had a case very similar to this one. and the question is what coin of evidence do they have? and from this evidence that she lives in a grand estate see the idea of a random or a dope addict coming in and burglarizing the place to get money for dope seems far- fetched. there is a lot of information that we have that leads me to believe it might be an inside job. i am surprised as someone this wealthy as the family is not putting up their own reward to find out more information. there is a reward of $2,500

which nothing from a small group. why aren't they doing their own investigation. these are people with unlimited resourceses in and maybe they know something we don't know. and another thing that concerns me, we are dealing with a small town, and they don't have the resources to do a full homicide investigation. to be in the homicide unit as a district attorney or police officer, it requires a certain level of accomplishment and being part of an elot. i don't know if they have the resources to do that. >> one of the things emily that disturbed local residents. it is a quiet peace pful place. and one of the things that is disturbing people there, there is see little information coming from the police. they think they have a killer living among them. what do you think of the way the investigation and publicity around it is being handled.

>> it is handled porly and illustrates the paramount and impactful nature that authority's can play. the authority is silent and the lack of information, that is leading to increased fear and speculation. fear is what leads to vigilante justice and hysteria and can pose know the community. i agree, this suspect list is short. no one murders a wealthy octobergennarian without a motive and without jumping the gun here. it reminds me the case in monaco. it was determined that it was a member of her family for money. >> getting back to the reward. what if they cranked out a reward ff 50,$000.

who would it turn up? rewards work pause criminals will talk about their crime. and if you are talking about the -- cruminal that goes out there to kill in order to get money. he's going to talk about it. >> if it is it an inside job and somebody who knew her and from the family, that is not your typical criminal out to scoring a meth hit or something like that. >> correct. but the fact that the family is no putting up the money, there is a reason why. in swayings and cases like this you look how the family reajtss. there is nothing in terms of public statements or using the unlimited resources to find someone. if they are not using the hundreds of millions of dollars

to find the murder of their mother, wife or grandmother, the question is why aren't they? >> i suppose the police could say don't offer a reward just yet. we are working on this and something like that. >> but this pam fam is no stranger to high profile scandal, quite frankly. to me, they are public relations experts. and the members of the family were emapproximatelied in high political affairs and they called her st. lois. the family comes in the situation. and equipped to the manager the foreman inform. they could take those measures and present it in a better

managed way. >> we are waiting to find the fireox tish wisher. we'll deep our sprueses updated. thafshg you, thank you. >> and we'll show you what is happening on wall street. the dow is trading lower. i point out that stocks in general are three week lows and a lot of it is the parallel of oil prices. at the pump it is good for us. current average around the nation is just over $2 a gallon. it can say more about the economy and it could be tough for the oil prousers and big companies that are responsible for hiring over the last couple of years. this is it a story that we will watch in 2016. and the latest on the fate of a six month old baby girl, left an orphan.

where is that child now? >> and the battle against isis. what leading candidates say they would do differently over the terrorist concerns. it was harder for them to communicate. they have anability to monitor to them has mot kwept base p bow going to the. and 23 vitamins and minerals. ensure. take life in. i'm in charge of it all. business expenses, so i've been snapping photos of my receipts and keeping track of them in quickbooks. now i'm on top of my expenses, and my bees. best 68,000 employees ever. that's how we own it.

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the hearing will not be open to the public. >> it is not a clear case. questions about the mother and grandmother. in the fight against isis taking center stage. the terrorist ability to strike in the u.s. is striking a heated debate. and our senior national correspondent john roberts has more on how the top gop candidates the coit iowa sis. >> reporter: good afternoon to you. after the attacks, republican voters are looking to the top candidates to see how they would come up with alternatives to how the obama administration is dealing with isis. voters are graveitating to tough talk and no one talks tougher than donald trump.

i would blow up the pipes and refinery and nothing left. >> reporter: more voters trust donald trump than any other candidates. other candidates would join him in expanding the air war. and for example, ted cruz would not put more u.s. troops on the ground in the middle east to fight isis. let's listen to jeb bush and then cruz. >> the united states in conjunction with our nato allies and more arab partners will need to increase our presence on the ground. >> i don't believe the answer is sending boots on the ground to syria. i think president obama and i think far too many republicans are eager to get us in a civil war. >> big difference between cruz and the other candidates and parts ideas on the no-fly zone.

he's joined on that point by donald trump. cruz is saying that the united states should stay out of syria altogether in no-fly and safe zones. all candidates agree to arm the kurds. trump, carson and rubio would admit no refugees. cruz allow christians. and bush said christian ands muslims. and a split bringing in the nsa. trump and rubio and bush would reauthorize that and carson and cruz said it is it an invasion of american privacy. >> thank you very much. >> anger over the shooting of a police teenager is boiled over in chicago. now mayor emmanuel is

apologizing for what happened. but demonstrators say they want him out. a live report from the windy city, next. >> it got out of hand and i tried to ask a simple question. >> politicians behaving badly in one small town. try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief. a...the persone attbehind this desk. will have to protect your family. will he be impulsive and reckless, like donald trump?

will he have voted to dramatically weaken counter-terrorism surveillance, like ted cruz? will he have skipped crucial national security hearings and votes just to campaign, like marco rubio? 27 generals and admirals support jeb bush. because jeb has the experience and knowledge to protect your family. right to rise usa is responsible for the content of this message. we're always looking for ways to speed up your car insurance search. here's the latest. problem is, we haven't figured out how to reverse it. for now, just log on to compare.com... plug in some simple info and get up to 50 free quotes. choose the lowest and hit purchase. now...if you'll excuse me, i'm late for an important function. compare.com. saving humanity from high insurance rates.

hi, everyone, a new interactive way to search and analyze all of the presidential candidates, we'll show you how it works, and which demographic supports donald trump the most. the banks involved in the california terrorist attack drop the ball by failing to report suspicious activities or did they follow the letter of the

law? ted cruz's latest comments on donald trump. we'll get the real story on what's going on between those two, all at the top of the hour. >> a small town meeting turns into a brawl in indiana. >> this is a scene last night about 90 miles southwest of indianapolis. it shows two men clubbering the newly attacked town marshall. he claims he was wrongly terminated and seeking legal action against the town. no arrests have been made but obviously some things to settle there. >> ouch. >> fox news alert, chicago mayor rahm emanuel apologizing for the shooting death of a black teenager from a police officer. a boisterrous crowd hitting the streets of chicago as you can see. you're looking at pictures just into the fox newsroom, tension

has been escalating ever since. these pictures are live as it turns out. they've been escalating ever since this video was released showing the 2014 shooting. the feds are now investigating the chicago police department. mike tobin live at city hall. mike? >> reporter: and john, despite the efforts of the mayor, this crowd of demonstrators continues to grow and continues to march in the city of chicago. rahm emanuel gave his speech to city council and began with a ka pit lags to the demands of black leadership, that he apologize. >> i take responsibility for what happened because it happened on my watch. and if we're going to fix it, i want you to understand it's my responsibility with you. but if we're also going to begin the healing process, the first step in that journey is my step

and i'm sorry. >> reporter: the problem with the mayor's apology is that these demonstrators didn't listen and say they don't care to listen. >> don't want to hear anything he's got to say. he's not going to give us the answer or anything that we need. i feel i shouldn't even listen to him. he's not going to give me an answer about the community and tell them this is what we need and this is what we've got. that's exactly why we're here to disrupt everything today. >> reporter: they want now is resignation of rahm emmanuel and anita al various rez. there's one organization that's starting a possession drive to try to force city council to pass such a measure. john? >> mike tobin, thank you. apple reportedly putting its

plan to offer live streaming television on hold. originally planning to sell a package for as little as $30 a month. that idea facing stiff resistance for content providers which means the price goes up for everybody. the company is putting the proposal on back burner and focus on letting companies sell shows directly through its app store. "time" magazine names its person of the year. part of the final 30 next. ♪ i am strong ♪ i'm invincible ♪ i am woman ♪ ♪

. time for the final 30. "time's" person of the year

is -- >> we were not laughing at this. >> no, this is the serious part. >> we have something else coming up. >> time praises merkel from the syrian refugees to the greek debt crisis. the 20th annual victoria's secret christmas show, a gift for the woman who has everything, john, this season's bejeweled lingerie is worth $2 million. look at that wink worth $2 million. >> and you know it's comfortable, right? >> i don't know anything. >> go ahead. >> usually we're telling you about stuff they are taking away from coach but finally good news, free snacks are coming back on united airlines the carrier announcing it is restoring the perk in february in coach. >> not for the holidays by the way. >> free snacks. >> does it tell you something about the news quality of the day when that's one of the most exciting stories we have. i was actually genuinely excited about that. i hate having to pay for snacks

on airlines. >> as the cart comes by. >> bring a waffle over here for the pregnant girl. >> thank you for joining us today. >> "the real story" starts right now. >> a clear picture today of who the real story, what the real story is behind the terrorists in the california attacks. the san bernardino may not have been the first plot the pair wanted to carry out. james comy testifying that the couple became radicalized well before they even met. >> they were actually radicalized before they started courting or dating each other online and online as late as early as the end of 2013 they were talking to each other about jihad and martyrdom before they became engaged. >> live in washington, katherine, what else did we le