come john. martha: america's newsroom party day. bill: how will we feel tomorrow? martha: have a great day. jon: we'll wait a funeral for one of the worst victims of a terror attack since 9/11 new developments in the investigation of the san bernardino shooting and charges could soon be filed in that case. good morning, i am john scott. jenna: i am jenna lee. the neighbor of the couple who carried out the massacre and the guy who bought the gun is cooperating with investigators. providing them with significant information including details on terror plot it fits back 3 years ago had prosecutors have not charged him yet, that could soon

happen. achieve correspondent live in san bernardino with more. >> important to point and we just heard from fbi officials once again that at this hour, no charges have been filed against anyone but clearly they are looking at the possibility of bringing some sort of charges against enrique marquez. over the weekend the fbi raided his home, he was not at that point talking to them having checked himself into a mental hospital immediately after the attack. as we have been reporting for several days, he is now cooperating, is talking to them and has apparently talked about discussions that had about

carrying out some sort of attack as far back as 2012 and remember is that deep would fit with when we are told he originally bought those two assault rifles. the finding out a lot more about what he has to serve. on that basis the decision will be made whether any charges should be brought against him, those charges would lead a new gin the form of material support to terrorists if they do come. san bernardino the people here preparing for the first funeral of the 14 victims of the attack. velasco's funeral will be held today, an open ear ceremony. she was just 27 years old, one of those at a holiday party in the inland regional center right behind me at this location yesterday's. the families of the victims and some of those who were also in

the room at the time were brought here. this was a very emotional visit for many of them. they were allowed inside the room, they picked up some belongings and they were all brought outside and as we watch yesterday we could see some of them clearly and understandably in tears. obviously it is going to be a tough few days and weeks ahead for standard dino, a final farewell to the 14 who was gunned down. jenna: so much attention of the terrorists, we can't forget them. jon: and new polls and race for the white house, donald trump's front runner status, nationwide poll has trumped with a whopping 35%.

nearly 20 percentage points and the nearest competitor. trump is ahead of dr. ben carson, 3-1 margin, with marco rubio rounding out the top 5. fox news poll in one of the ear of the primary state south carolina finds trump with a commanding lead, carson in second place. and ted cruz and marco rubio with governor bush rounding out the top five. is trump going to be the next nominee? my next guest says he is skeptical, the man with a crystal ball, every now and then a major party goes off the track to nominate the presidential candidate doomed to defeat. this is a rare event, it happened in 2016 given the strength of the trump phenomenon but a betting person would still wager against it. center for politics, and joins us now.

if i am donald trump tweeting out to you immediately, look at the numbers, 35% support. how can you say he is not on track to the nomination? >> i'm not important for donald trump to spend time tweeting to, that saves me. here is the key. two thirds of the republican party, and primaries, undecided or for someone else. the key question in all the primaries and caucuses the whole season is will they ever coalesce around one or two other candidates who can compete with donald trump? you used to the right adjective describing ted cruz, you said surging. he has gained more from ben carson's decline than has trump. i think it is entirely possible, even slightly probable at this

point that ted cruz does very well in iowa. he may win iowa. if he wins iowa i don't know what it does in new hampshire, he is not that strong in new hampshire. he will certainly do well in south carolina and other southern states that are voting in that big is easy primary on march 1st. people are always trying to pull down the curtain before the show is over. we haven't even started act 1, that starts feb. first with the iowa voting. jon: ted cruz has not publicly been critical of donald trump, he has gone out of his way to be nice to them. ted cruz, in private settings, questions whether donald trump has the judgment to be president. clea the wants to stoke those questions among people who might be attracted to his candidacy.

>> they are running against each other. ted cruz tried to alienate trump's supporters because he had hoped as many others hoped that donald trump would simply deflate on his own. i tell you what we learned, i learned, donald trump is much smarter insurer politically than we imagined. he has never run for office and despite never having run for office he has good political instincts, probably not going to deflate on his own. therefore ted cruz and some of the others have recognized that they have to take donald trump on directly. >> you saw the story in the washington post it comes to the same conclusion, kind of a grudging steps of admiration on his campaign skills. here is part of what it says, trump delivers scores of promises, diatribes and insults at breakneck speed, attacks the regular cast of villains including undocumented immigrants, muslims, hillary

clinton, gop rivals, the media, the narrative art of the controversy alive with an endless stream of statements, and willingness to back down even when given the facts and attack those who criticize him. all the while his supporters seek truth talking problem solver unlike traditional politicians who have led them down spending little, dominates another news cycle and his republican rivals language in his shadow. seems like a pretty good summation of the trump campaign. >> trump has had been projecting leadership, strength and toughness in a season when i think americans generally, particularly republicans want to see that. there is another piece of this. trump is irresistible to us, the me the and the punditss, you can't take your eyes away from the screen when he is on, even on the telephone because you never know what he is going to say, you never know what is coming next but because of that

he has dominated the landscape to the point where the other candidates have a hard time getting heard. that is going to change when the voting starts. that is another change coming once we get into the new gear. jon: you use two words to describe his candidacy for the november campaign. you, said almost unelectable. why? >> because the people i rely on, republicans who have run campaigns and republicans who have actually been elected to high office, senate, house and other key positions tell me almost unanimously that they do not believe that from can be elected. if there is a general electorates that is anything like what we have seen in the past several presidential elections. i just learned over the years to rely on people who have been there and who know what it takes to get elected.

jon: we will see what happens as the field shrinks. >> this is about midnight, we notice a lot -- you can watch it rising. >> when the water gets to the corner down there we know we are in trouble. this is the worst i have seen it in our backyard. >> monday it wasn't breached and last night and 2:00 a.m. it breached over into the yard. jenna: heavy rain in oregon, storms are pummeling the northwest and blamed for two deaths, the deaths of two women in oregon causing widespread power outages and road closures. the whole region is affected in that area. mario molina is live in the weather center with more on where it is going. >> we had storm system after storm system continuing to hammered the same region of the united states, the northwestern part of the country, states like washington, oregon and northern

california dealing with a lot of moisture in the form of rain and snowfall to the highest elevations. storm track pretty much bringing all these storms on shore across the region and producing heavy rain and mountain snow. the other concern has been strong wind gusts out here. we expect them to continue over the next couple days and they could exceed 50 miles per hour so that will be something else to watch out for, that in combination with snowfall across the mountain passes over the next couple days, producing dangerous traveling conditions and you can see the forecast for the purple shading, that purple shading his two feet of snow or potentially higher amounts, we predict a lot of snow fall, it has been relatively warm so snow levels are relatively high and could be dropping and across coastal areas and additional four to six inches of rainfall, we could be looking at additional flash flooding across places like oregon, washington

state and potentially into northern california, taking a look at radar you see is very busy right now and we have a number of watches and warnings in effect because of potential for flash flooding and because of the snow winter storm advisor ease in effect even farther inland in wyoming and montana. one silver lining is we have drought conditions so we need, moisture. the problem is too much, you are looking at that flood danger across that area. jon: security alert level is raised in one european nation as authorities searched for suspects with possible ties to isis. plus a woman accused in a brutal beating of a gay couple heads to court, the punishment she should face it convicted. also we want to hear from you. our guest larry 7 no ask in today's crystal ball will the anti trump majority in the gop ever coalesce over one or two of his opponents.

what do you think? live chat up and running, go to foxnews.com/happeningnow to join the conversation.

jon: no child left behind is gone, the president signing a new education bill today. listen in as he makes the announcement. >> achieve the potential and that is why we are here today. this is an early christmas present. after morrison ten years members of congress from both parties have come to get it to revise our national education, a christmas miracle. bipartisan bill right here. [applause] >> i was saying we should do this more often. today i am proud to sign a lot that every student is prepared

to succeed in the 21st century. the goals of no child left behind, the predecessor of this law. standards, accountability, closing the achievement gap, making sure every child is learning, not just some but in practice it often fell short. they don't consider the specific needs of each community that led to too much testing during classroom time and forced schools, school districts into cookie cutter reformists that didn't always produce the results we wanted to see. you try something, it doesn't work comment and make modifications. when we came into office, tried some different things, lead a race to the top. that is why we acted to give

states that were willing to embrace reforms they helped to formulate more flexibility in how to improve student achievement. they were receiving waivers from some of the requirements of no child left behind. the truth is that could only do so much and that is why for years i have called on congress to come together and get a bipartisan effort to fix no child left behind. it took a lot of time, required a lot of work but thanks to the tireless efforts of many of the people on the stage in attendance today, we finally reached a bad deal. there are people i want to thank, first of all, senators lamar alexander and patty murray. on the senate side. jon: no child left behind is gone.

now is every child succeeds les that is the national education law intended to give state and local school districts more flexibility and reduce the requirement for standardized testing for those between grades 3, and h. the president about to sign that into law. he is quite happy about the prospects, a rare bipartisan moment on capitol hill and at the white house. jenna: we are monitoring what the president has to see. national security level raised in switzerland where authorities are searching for terrorist suspects connected to isis. police increasing security measures as they actively search for four people, senior foreign affairs correspondent in london with the latest. >> reporter: we're getting a good deal more information about this terror alert in geneva in the past hour or so. fox news has been told by officials in the security areas

of the government in geneva they decided but the city on a heightened state of security. this, they told us after they mermaid wear last night of the possibility of suspect individuals in geneva, also they launched a probe quickly into this as well -- we have indications they are as you noted four suspects they are looking for and local media citing sources that the four thanks to isis--have links to isis. and that was sent to law-enforcement agencies by u.s. authorities. the justice department still not getting clarity on that part of the story. a target of what has been described as an imminent attack is the headquarters of the u.n. european headquarters for the un, in geneva. there was a plan tomorrow, the u.s. russian and you and

officials regarding syria, that meeting was supposed to take place, it has been evacuated overnight, security ramped up in other parts of geneva to unprecedented levels and in fact the location of that meeting tomorrow is unknown. finally we got to mention from four weeks after the isis directed terrorist attacks, there were reports initially that the suspect had something to do with that, turns out that was not correct although there was a suspicious vehicle from the way of belgium and france in to switzerland overnight and in the past 30 minutes we have the report of an arrest in the center of geneva possibly linked to this plot but we don't have confirmation yet the very active situation with a possible u.s. link to this at, not another terror alert in the center of another city. jenna: thank you very much. jon: lieutenant colonel bill

cowan tells us why he thinks we're dealing with mission creep against isis and what we need to do to successfully fight the terrorists. he has a lot of experience in that part of the world, join us coming up. i've smoked a lot

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jenna: ash carter telling the senate and the armed services committee that isis was not contained and added the u.s. may send attack helicopters to help iraqi terrorists -- iraqi forces defeated terrorists. the press secretary saying the president has not approved that plan. listen to some of this. >> the united states is prepared to assist the iraqi army with additional unique capabilities to album finish the job. including attack helicopters and accompanying advisers. of circumstances dictate and if

requested the president mindful whenever he considers these military options, i will say the president has not decided to approve the use of u.s. attack helicopters in an operation like this. bill: to comments within a few hours of each other. colonel cowan, the pentagon and white house i they on the same page? >> great question. the president, the white house under a lot of pressure from the american public, pulling the 4 san bernardino, 50% of the american public believes we are not engage against isis, we should put ground troops overs verbage i would say yes. in some respects this reflects the new chairman of the joint chiefs of staff to in my judgment is taking a much more aggressive role on how we ought to be working against isis, the

secretary of defense listening to him, the white house is not in the book yet. jenna: the joint chiefs is saying about being more aggressive and what the secretary of defense at about sending potentially attack helicopters to assist the iraqis. >> i think it is the right thing we ought to be doing and we are going in the direction the american public wants to see, many of us to appear with you and other shows on fox talking about taking a much more aggressive stand. without putting apaches in orson troops on the ground, specifically they're trying to talk about the ongoing battle to retake ramadi. a lot of us would do what ted cruz calls for, a minimum of 1200 airstrikes a day sending planes out, 3-quarters of them because they haven't found targets, 1200 actual airstrike the day, precision guided munitions on legitimate targets and combine that with apache helicopters, very lethal weapon out there, ground troops out

there call in air strikes and many of us would agree that if we saw that aircraft, specter aircraft out there the most devastating weapon in the arsenal to many of us we know we are really engaged. jenna: another part of the strategy has to do with commando forces coming here is secretary carter in his own words. >> we are not discussing specifics of the expeditionary targeting force or its operations in unclassified settings to protect our forces and preserve the element of surprise. we want the expeditionary targeting forced to make isil and its leaders wonder when they go to bed at night who will be coming in the window. >> the associated press calling them commando forces which seems like the movies. we think this will be around 200 or so, also the right move in

your calculation? >> that was an operational security violation of the ultimate magnitude, when we telegraphed to the bad guys and tell them what we are doing, during the course of the iraq war and the afghanistan war, we ran hundreds upon hundreds of missions just like the usama bin laden mission but we never talked about it so the bad guys were always wondering what was going to happen. they were not out there beating the drum whenever there was a successful mission like that. should just be quiet. jenna: if secretary carter wanted people to wonder who is coming at night, maybe don't get the details out to the american public. we will see where that goes from this point forward and what progress is made. you say what we are witnessing from the outside looking in is mission creep. mission creep as negative connotations. is mission creep a bad thing?

if the goal is to defeat isis? >> mission creep is the right thing, the president is being hesitant, the secretary of defense talking about doing things many of us would argue are necessary things to do, those apache helicopters will be a great asset, there is the balance on the shiite militias. it is unclear what role they play in trying to retake ramadi and ultimately the battle with ramadi will move up towards losel and towns and cities in between but apache helicopters, u.s. advisers up forward with operating units helping calling fixed-wing air strikes and apache airstrikes, that specter of gunship up there, things like this are important if we want to do what everyone is calling for which is to be isis. patty: jenna: our plans or hypotheticals will work with enough to determine isis from another san bernardino at terrorist attack? i know the connection between

isis anti-terrorist we are still trying to piece it all together but in the short-term is this enough to keep us safe? how quickly do we need to exercise these plans to make an impact? >> whatever happens in the short term is already mumbling, nothing we do against isis in syria or iraq will make a difference, some things will probably happen here but the point john mccain is getting to and others have said, absolutely categorically destroy isis's headquarters, isis's patty: to function, what is essentially a nation state capital, until we destroy that entire system out there, we will still be dealing with an isis that has the capability to come at us, we are more relentless and much more forceful and vengeful and more difficult for isis, make them worry about surviving, don't make us worry about surviving.

jenna: thank you. >> minnesota man accused of helping isis, what authorities say he did to aid the terror army's cause. coming up. ♪ it's the final countdown! ♪ ♪ the final countdown! if you're the band europe, you love a final countdown. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do.

jenna: a minnesota man accused of being with isis making a court appearance, i arrested for providing material support to terrorist organization and according to court documents encourage other young men from

the twin cities of mali community to travel to syria and fight for isis. >> reporter: the fbi says he tried to help other men joint isis wishy is charged with conspiracy to provide material support to a foreign terrorist organization. he is described as the ringleader of a young somali american group from the twin cities according to the federal affidavit he provided money for one of their passports and even tried to leave to join isis himself last year. his passport was first denied when he was caught lying about his destination, he later got a passport but was stopped at the airport on his way to seamlessly to the men plot our providing support to foreign terrorists and five as provided in may. the state of minnesota is a hotbed for this type of activity, a dozen men as a residents reported the travel to syria to join jihadists groups since 2013, 22 young men

reportedly left minnesota since 2007 to join an al qaeda group in somaliland fox has learned most of these recruitments happen largely over social media teaching disaffected used to hate western values. jon: the supreme court taking up affirmative-action for the second time in as many years, this case stems from a policy at the university of texas at austin which considers race when accepting students. university maintains it is necessary to create a diversified campus but several justices expressing skepticism about the long-term impact in the program arguing it could prove harmful to some minority students. a ruling could have far-reaching implications for colleges and universities across the country. joining us fox news contributor and attorney anthony williams, criminal defense attorney eric bester coming up, welcome to both of you.

some suggest this case could mean the end of affirmative-action in public universities. >> university of texas lawyers making not the strongest argument. that is why we have skepticism from the bench. strong suggestions why race should be a consideration, why not ask the court why race shouldn't be considered as all these other many considerations such as legacy of the institution, the economic background or -- >> last time the court considered this a year or so ago it was a white student who didn't get into the university of texas and she said was what was given to a minority student who had lower test scores. the court punted on that one. >> they put it back and this court will punt it back again because they did not want to make that decision. the rules texas is going by our very essential because you have to make sure there is a

diversified campus which we have seen a lot of racial -- racial problems in the last few years, we need to diversify campuses in looking at race, social and economic status, other activities to make sure you have a balanced campus for everyone. >> texas university policy, they automatically offer admission to the top 10% of any high school in texas so there will be predominantly minority high schools in texas his kids, top-10 present automatically get in. >> therein lies the problem. it could be harmful and justice ginsburg talked-about this, you get a false sampling because these communities are segregated so you get a lot of high school that are predominantly black institutions of the top-10% maybe not the strongest overall, academic students of color, that is the court's concerns so it is not whether diversity is important because we know the

answer is yes, but effectively operating, that is the question. >> the supreme court is going to want to punt again, why don't they want to decide this issue? >> we need someone to make the decision to keep this policy in action or not. we have to make sure we have diversity in all institutionss to make sure every student gets a fair chance of getting college education. jenna: they made the decision, it is not going anywhere. the question is the timeline, when does it end? that is what she justice roberts wants to know. they give it 25 years, we have not gotten to the 25 year benchmark but do we still need it? yes we do. >> the chief justice justice roberts seemed to be expressing questions about the value of diversity in all courses, what unique perspective does a minority student bring to physics class?

>> perspectives in all classes whether it is physics and not just that particular subject but a person can bring their life experience that can impact everyone. you have to make sure whatever university has ever suffocation in our classes. jenna: we are talking beyond grade but affirmative action focusing on it. that is the bigger picture. >> everybody wants a racially inclusive diverse school but the question is they designed the system they liked pretty well. >> what looks like diversity, not the most robust strongest academic way to implement that diversity. >> how to implement is a big problem, how to get the best candidates from all races. we will see if you are right, we will see if the court pumps again when decisions come out later this summer. thank you. jenna: back to politics, donald

trump with a trip to israel on hold, what he is waiting for and how the race for 2016 could impact u.s. relationship with our key middle east ally.

jenna: donald trump putting his plans to visit israel on hold saying, quote, i decided postpone my trip to israel and schedule the meeting with benjamin netanyahu at a later date after i become the president of the united states. this comes amid continuing of war over the republican front-runner's plan to ban muslims from entering the united states. this proposal met from criticism from around the world including israeli prime minister benjamin netanyahu. fox news contributor, author and columnist coming live from tel aviv, nice to have your perspective because we hear how these comments were received but we are not overseas obviously. in israel, what was the reaction to trump's comments?

>> people don't really know donald trump too well except as a celebrity. his comments were received for we hear. at least by the political class, 37 out of the 120 members of the parliament objected to the visit. benjamin netanyahu himself said he disagreed with donald trump's proposal but of course he has got a personal relationship with donald trump. donald trump campaigned for him in 2013 on television here. he said he would be glad to greet him when he arrived as he would with any republican candidate, but this morning from got off the hook. jenna: with the about that relationship? how deep is it? >> i don't know exactly how deep it is, political relationships tend not to be overly emotional,

but beebe is perceived in america as somewhat of a republican and has known from for a long time. in 2015 they asked him to make a commercial, a campaign commercial land he did but be be knows all the candidates and that was one of his problems because with donald trump wherever he goes he turns it into any event that publicizes himself. i think benjamin netanyahu didn't really want to be perceived as campaigning for him in the republican primaries. there are other candidates he might prefer. >> a lot of these candidates make trips overseas and we will see who is next and who will visit in coming months. switching away from politics, obviously trump's comments have highlighted a question about how our country keeps us safe, israel has to confront the threat of islamic terror on a

daily basis but also on a daily basis you have an influx of muslims across the border from the west bank in an orderly fashion with a great deal of security. how does israel handles that, the best way possible to keep the country secure? >> israel, its own population is 20% composed of about 20% arab muslims. which in itself makes it different from the american situation. israel is surrounded by countries which are predominantly muslim and some of them are hostile. israel has developed over the last 70 years of warfare, intermittent warfare, all sorts of security positions and abilities. one thing is racially profile or ethnically profiled and it does

so unapologetically, it would be crazy not to because it would be dangerous. at the moment as you said there are a lot of muslim arabs and other arabs who come into israel proper every day for work, many of them would like to see some of unlicensed but see in the last few months there have been almost daily stabbings by islamic fundamentalists, stabbing attacks against the is really so it becomes a security issue and i will say israel faces different issues in america. jenna: as we finish up, you also live in the united states. what do you think the united states can learn from israel when it comes to security? >> i think the united states and every country could learn to try to face reality. i think you can have many solutions to the issue of islamic terrorism but fact that the inability to call it that,

to see it for what is is a weakness. if you can't say so -- face your enemy you can't defeat the enemy and that is something the obama administration hasn't fully taken aboard. jenna: all things we are continuing to learn from all over the world to be better. thank you, great to see you. jon: the ongoing investigation into the san bernardino auteur attack signing a new spotlight on the visa of vetting process after one of the shooters was allowed into the country despite several red flags. how did it happen? plus santa as a big job ahead of him that he is going to fill this stalking, how big it is, who made it and the big bucks it is raising. the big picture next. 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."

jon: six minutes away from "outnumbered" at the top of the area. >> donald trump supporters standing by him, results of the new polls show his support actually increasing after his call to ban all muslims from entering the united states. >> new question whether the investigation into hillary clinton's e-mail server is tainted by politics after the fbi director refuses to say whether or not he will release those findings. >> and ibm forced to pull and add to recruit female engineers, critics say they found so offensive about it. >> plus hash tag one lucky guy straight off the train from d.c.. we will see you at the top of the hour. jenna: we will be watching. jenna: the terror attack its investigation, the fbi immigration and state department gave interesting answers is the

questions surrounding the visa to the united states the she got more than a year ago even though she gave a false address and attended a radical religious school in pakistan. >> what officials tell us is for our vetting process is so comprehensive, last week we were told we followed people. >> since 9/11 all of these multiple layers of padding with multiple agencies, putting folks through various systems where we watch individuals, their affiliations and whether they are on any watch list. jon: yesterday at contradiction, immigration officials, told congress interviews are not even required. >> we only interview people in the k 1 visa programming cases where there was some issue that needs to be explored, that to be derogatory information about the individual, it could be factual

questions not necessarily derogatory about the application. jon: if that is the case did the state department know something specifically about my week? >> all security checks were done for that individual. that includes an immigrant visa interview, in all cases the results of those checks were cleared. there were no indications of ill intent at the time the visa was issued a. >> that begs the question how they missed something as basic as a fake address? >> if we have doubts about the visa application our embassies have antifraud units and investigate farther to verify the data on an application form. >> bottom line and less derogatory information no one is going to check and there are no

interviews. visa applicants don't have to meet the u.s. spouse before they get into the u.s.. muslims have a religious exception. jenna: thank you. we will be back with more "happening now". xium can take 2. when heartburn strikes, take zantac for faster relief than nexium or your money back. take the zantac it challenge.

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>> "outnumbered" starts now. ♪ sandra: this is "outnumbered." i'm sandra smith. here today is harris faulkner, andrea tantaros, co-host of "after the bell" on fox business, melissa francis, today's #oneluckyguy, senior editor of "the national review," jonah goldberg is here. he is outnumbered and fresh after the acela train. >> i am and chris christie wasn't yelling at anybody. harris: did you see him this time? >> i did not. harris: was it free bloody mary thursday again. >> i choose not to answer so i won't incriminate myself.