>> thank you for joining us. we want to thank tony sayegh. we will see you back on "outnumbered" tomorrow. a driver plows in a crowd of pedestrians and she did it on purpose; ahead, who else was there. >> a man who bought the guns in the san bernardino back in court

today. and the force awakens. shattering the box office records and paving a way for a new empire. it is all "happening now". we begin this hour of one of the neighbors of the san bernardino terrorist arriving on u.s. soil. welcome to "happening now", everybody. i am jenna lee. >> and i am john scott. enrique marquez arriving in federal court. he was a long- time friend of say-ed farook who along with his wife murdered 14 people in a holiday party.

he was charged with making a false statement and misuse of documentses and will carr is keeping an eye on that. will? >> reporter: in the next couple of minutes, they are expected to plead guilty. they are being held without bond. and saying he is a serious flight risk. at this point, they may not hear from marquez in the hearing. he talked to the fbi for ten straight days. and that sheds a light on how long say-ed farook was radicalized. both of them planned an attack on a local freeway and college and got scared at the last-minute. and that is the day after he

called 911. and that is used in the shootings. and he told them. and he had guzzled nine beers and then he went into a psychiatric ward. people who know marquez paint two pictures. some say quiet and responsible and others say he spoke about sleeper cells. and the case against marquez continued. three more victims were laid to rest. hundreds showed up to honor their loss. and at the sam time farook's family, and that is where they plotted. and they raised a six month old daughter now in state custody.

>> and for more on this case, we'll talk to bob. we know that enrique marquez cooperated with law enforcement. how much does that buy him. ? >> he has to accept responsibility. he's looking at 35 years and also something called f- k to the extent of the importance of the information. and they are helping them solve the crimes and give them reduction of a sentence. and that is regardless of that. in the end she pleads guilty under the federal sentencing

guidelines. so that is the cooperation. and the quality of that cooperation is going to be essential. and judge, the stuff is unforgivable. will the public get to know it. and they will get more information. he has given data. >> and he's giving them a serious risk and nefarrious elements that we and the public is not hearing and he will be debriefed for sure. >> the 911 call and we'll start that. one of the things he said to the 911 operator, that he admits his friend had the gun.

but i told him to hold it and it was storage. he didn't know it would be used in a terrorist act. >> i don't think the 911 call has any impact. he said i know there would be be the guns traced back to me. and when you read the affidavit. he anyhow they would be used for terrorist purposes. there is a potential plot. and that is chilling and available for anyone to read. and that was about a month ago. and he admits that the life turned ri tickulous. and he is almost painting a picture of remorse. and setting it up crazy time in

his life. people are doing bad things. and that is when they wonder. where they falls on this. and that is in previous years. and they do them and regret to doing them and he was majorly entrenched and he was plotting and helping people to bring it into it. he's so way dope. they look at actions and behavior and not just the words. and they have buyer's remorse. >> and even that they didn't carry out the acts, it is still a crime. it is serious acts and furtherness of this.

and they are afraid they are detected. and they are backing up that plan. and we will hear more news as it breaks. >> six weeks before the voting begins. another presidential candidate is dropping out of the race. lindsay graham has announced. we will talk with joe trippi. and former conditionedidate for lieutenant governor and a fox news contributor as well. and you took howard don't who was not initially known for a time in the presidential race. and why did lindsay graham not

catch fire? >> i don't know why he didn't. and he was to preoccupied with trying to, to move the country on than it was willing to go and he was most hawkish. and that is in syria and even in the republican party. and that is he had opened the conversation that other candidates are taking up the suggestions. has he served the party in that regard. and we take the republican party and the country will be better

off thanks to lindsay graham focus on that issue. it is the most important. and as far as why he department really gel, he's been in capitol hill a long, long time. and having those votes would not take you very, very fall. and that is capitol. and that is saturday night and more intensey on donald trump. and jou nine mentions of donald

trump. i think trump is the big winner. that is gop voters and bernie sanders with the democratic primary voters to go after the front runner. it is a win, win on both sides and today, we are with the controversy about hillary are clinton's games. out of a democratic primary and he keeps benefitting from all of these controversies. >> most of the other potential nom no say he will not be. is it good politics for the democrats to bash him on stage? >> it might be wishful thinking

to say he might not be the nominee. i am happy we have a host of different characters that are better than hillary clinton. >> i can't believe hillary clinton sat on stage and understand we have isis right where we want them. that is bar czar. i felt like it was total science fiction and that will haunt her in the general election. >> she said the trump anti- muslim rhetoric is fuelling them. >> getting into a fight with trump helps her and helps trump. but there is plenty of social media evident all over the place. lots of twitter from isis

supporters quoting donald trump's words. there is no video, but denotice his rhetoric used by isis is not dealing with reality. >> we have breaking news to go to. pete snyder, joe trippi, thank you. >> it is sheriff is talking about what happened in the car crash on the las vegas strip. >> we have her properly identified she is believed to be from oregon and we'll do what we can to determine her back growned. and we are not 100 percent ruling out terrorism.

it is very hard for us to explain in face value. i am comfortable saying that i don't believe it to be a act of terrorism. but we are still working through it with the assistance of the fbi. and she's 24-year-old woman and driving a car with a 23-year-old female child in the back and drove her vehicle up in the sidewalk and struck two dozen people. video confirms it is it an intentional act. we have a video available. and it is through different ven owes and one is the properties themselves. and the original crime cameras and additionally many videos obtained at our request. we are trying to look at the

videos and it is to continue to provide us with information. we do have plenty detailed video that shows it was an intentional act. >> the suspect repeatedly drove her car over pedestrians and some drove up and banged on it and tried to get it to stop. but as of now, one person is killed and 30 are taken to area hospitals. and three are critical with head injuries. we don't know if any of them are nevada residents. she left the scene and drove a few blocks from tusca 67o. and she parked and exited her vehicle and contacted a valet

parker and run over individuals on las vegas boulevard and rerequested them to call 911. >> and so, district attorney wilson will advise you on the charges pending on miss holloway as we process the various hospitals. they were transported to several hospitals. the majority of them transported. and that is. and they reside in the united states and other countries. we are able to assess individuals from quebec,

florida, california, washington and mex crow. >> and so as far as any more specific details. i am happy to answer the questions. and i would like to bring mr. wilson up. >> thank you, good morning, everybody. like the sheriff i would like to acknowledge all of the first responders. you you can imagine what it must have been like 16 hours ago with a 2000 plus pound vehicle running into 30 people are so. and not only law enforcement. and that is on the case.

and that is immediately. we are starting one count of murder with use of a deadly weapon. that flows to your office. and the multitude of weapon. that pertains to the toddler in the back seat of the vehicle. it is on account of leaving the scene. and as of october onest is a nonprobational defense. and they are going to be filed and we received more information, and like the

videotapes. and i other charges are filed. and this woman is in custody. and that is to remain custody under the wall. and file charges appropriately and seek a vigorous prosecutions and seek justice in this case. thank you, charles. >> i am happy to entertin questions. [inaudible] >> that's what we would like to find out. she made statements on the scene at the point of arrest and the investigation is ongoing and we haven't determined what the motive was. she had disassociation with the father of her child.

and he was in las vegas a week and homeless and residing in her vehicle. we don't know the recipient of this that caused her to snap. and we are scouting the search warrant and we are not at this time. the owner resides in oregon, but the suspect advises that it is registered to a separate individual in oregon. and she did what she did. and there is an ongoing investigation. and i can't go any further to the comment. >> a child in a child haven here

locally in las vegas and under protective custody. and we'll sprapt to locate the father. the father may be residing in dallas, texas. we think she was trying to come back to las vegas. and we are doing the best we can to track down all of the family members. and that is to locate the father of your child. we tested blood. and that is the signs of alcohol. and that is an expert unto the

scone. and that is from the blood that is drawn. and that will be expedited. like i said, the video shows the intention of her on the roadway and sidewalk and obviously plowing through the pedestrians in the sidewalk. as far as terrorism, we don't know the intent or background to determine the situation. we haven't had the time and luxury to get through all of those investigative leads yet.

we have been here a week. >> what about the child? >> the child is fine. >> and not at that point, it is a matter of prosecution and i am confident it would be released at a property ponent in time and our concern is the jury pool and untainted pool. and is that a wake- up call. and he had that is ongoing discussion with the county and public works in order to create a safe environment on las vegas boulevard and putting barriers and everything else associated with the traffic. to put those things in place to insure safety.

>> you say you haven't completely ruled out terrorism, is that because of a statement she mede? >> no, it is our lack of knowledge. >> will she be eligible for the death penmentay. >> that is a consideration, like any murder case, that is something that is considered, but it is too early to talk about that. i've read one page of a report. and i am sure when this case comes to the office after all of the great investigators finish their work, there's going to be a lot of paper to review and all of the circumstances before we consider the death penalty. >> you will have throw happen thousand people on the strip in two weeks. what dew tell them? >> i appreciate you bringing it up. it is america's party happening in two weeks and we are doing

everything we can toy insure everybody's safety. that is what we do every year here. and it is a year long process and ramped up. and in light of what is taking place over the united states and world. and i am confident at this point we have all of the mechanism in place to be successful and we are proactive to be successful. and as far as this and having direct correlation to new year's eve, i don't believe see. >> is there any discussion about not doing it? >> no. >> and from all of the questions you have. what would you say at this point today is the biggest unknown in the case to you. >> well, the question was presented two different times, what caused her to to this. >> and we need to be more

comfortable in the reasons behind that and in particular what her background is that we need to be aware of. >> and a couldn't comment on that. and my personal opinion she was stoic at the time of the event. >> can you give more details about the number of people hospitalized and transported for treatment? >> yes, bear with me while i go to my notes. i can't release names or extent of injuries. but the total account so far. some people transported and some determined 12 hours later they have injuries they have to

report. >> she didn't appear to be distressed due to her actions. that's the best way to describe. it >> and that is a great question. [inaudible] >> it was fantastic. i thought it was important to mention to our public safety partners. i believe we did a great job in responding to an incident that went across severally city blocks and the ability to get the victims transported in a timely matter and for us to it respond or apprehend a suspect and conduct an investigation. >> can can you describe, you say a valet partner was asked to

call. >> there was a call in to 911. obviously because of the recent events that took place. it was easy to correlate the two stances. and she was in a position of nonthreatening. and taken into custody. >> and the individual conversation. she appeared coherent. and i wouldn't describe it as easy. and that is utlikewising parking structures. and that spends the night. and she was at planet hollywood

earlier. first name spelt lek sha. and middle initial n. holway. that is 24 years of age. and the vehicle coming on the portland area and that is a place of resident. and that is all comments made by her. and i don't want to get into comments of we have prosecution and things we have to deal with.

but we believe her to be here a week and residing in her vehicle. we she had money associated with her stay and we are doing the best way to track it down. the video is very telling. we were attempting to get her in to custody. & subsequently type action and support and direction of travel and suspect description and then obviously the medical professional in the las vegas

boulevard and it would be last night. the only difference would be the hair was pulled back in a ponytail. and that is car in a sidewalk. we are -- we believe. that is in the escalator area. and it would be to believe. it is on the side of las vegas

boulevard. and she exited around the area. and we are doing the best we can to reconstruct that time line. and whether we had -- we don't. that is newsracks and other things. and she had all four tires of the vehicle on the sidewalk. that is the conversation and we are based on hospitality. and that is security measures don't dictate hospitality. we had a ongoing --

and more importantly. they are going through two public works. and that is witness statements. we interviewed all of the we are going to see more today. how many people are on that sidewalk. and that is at the time it happen. and video reconstruction and we'll be able to tell that number and my view of a sidewalk

in excess of a hundred. when will be the first court appearance. and she's scheduled for what is called a 48 hour hearing tomorrow morning. that is a pay per view. and the judge determines whether there is cause. and i will tell you that in accord on on cordination with the police department that could be be tomorrow morning. we anticipate filing of the charges either today or tomorrow. she is held without bond? >> she is. it is a set in court type of

setting and no bail until she appears in court. >> it is too early. we take some cases to the grand jury for relationships and prelimary hearing and that will be excited in the next couple of weeks. >> and that is 30 years. does this remind you of any of the cases here? >> i mean, if you review the incidents that took place in las vegas boulevard. and we are fully aware of the incident and we had circumstances. and then an individual entered the sidewalk at pretty close proximityim and a person was struck. we had a police officer who was able to take that individual in

custody. i can't recall in this high level victimization. >> how many firefighters responded? any detail you can give me. it is the personnel on the scene. and they established a unified command. and i would be remiss if we didn't help them go smoothly. and there are over 70 personnel on the scene. and that is from a mr and everybody who worked in partnership. >> a level three requires strike teams. there were ten plus ambulances

that arrived. and we saw more than one. and that is expect. it is the injuries to the first responders. >> she reported that she was tired, can you confirm that? >> there are some reports that she is tired. and that she was tired. i can't get clarification on that comment. and if somebody is stressed for a extend period of time. they may exhibit those traits. i am not sure comments were made for that. and i want to repeat my condolences to the families and victims themselves. and hopefully it will never happen again. we will do the best to bring satisfaction associated with this event.

everybody do the best you can and enjoy the holidays and we look forward to new year's eve. thank you. >> the las vegas sheriff and da wrapping up a news conference over what happen overnight on the las vegas strip. it was a nightmare scenario. you know how busy those sidewalks are in front of the popular hotel. and a woman. lakirba holloway. plowed in the sidewalk and injured 35 people. throw in critical condition. he referenced head injuries. and one fatality as a tlo-year-old woman who was visiting. and that is an important part of the news conference came on.

and that is as to why this happen. the sheriff said we don't know the why. we have to determine her background and in light of that and those unknowns, we are not 100 percent ruling out possibility of terrorism. intentional act on the boulevard would be hard for us to explain at face value. we are working through that. we are comfortable believing that it would be an act of terrorism. and the sheriff is making sure it was on the table. he's live in las vegas. and that is child abuse. and she had not checked the

social media. because she was coherent and didn't appear to be distressed. we are going to the map and we'll show you when it happen. and because it is on the strip it is bright out and it was packed with dinner. and the miss universe is under way. that is in front of the paris hotel. it was on the sidewalk twice. this is before she left the scone of the accident. that is 2 or 3 times. and based on the evidence and

information for our fatal investigators, at this point we are treating it as an intentionalac. police arrested her and her child was in the back seat. and she appeared to be drinking and now they say no. and this is what one witness saw again last night. they are going 30 or 40. crushing. prosecutor. they have surveillance video. and they are pounding on the wind shield.

and that is a similar case. they are killing three. and that is six in critical. and that is a custody. and that is in and around the casino. and this is a lot to figure out. senator lindsay graham. and that is everyone who is taking the journey with me.

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i never know when i'll need relief. that's why i only choose nicorette mini. a shake-up in the race for the white house today. senator graham suspending his campaign today. rick sanatorium. there is quite a few of you still remaining. and what is your reaction to senator graham dropping out. lindsay accomplished what he wanted to he talked about it a lot as a few of us have. and the event in paris and san bernardino brought it to the issue. they have made sure we had a candidate and campaign that focused on this very, very

important issue to keep of our country safe for terrorist. >> i know you have a similar standing in the stage and polls. he didn't see a way to get on the main stage with enough time to make a difference. why do you you think it differently from your campaign. >> lindsay has never run before. we have done a lot offa hard work and we have a better ground game and knowledge of how to make these things happen. and i think people have a better understanding of my position. i feel good right now. should things shake-up at the top. you have lead candidates and

soaring at those levels didn't last long. >> one way he influenced the campaign. he talked about putting boots on the ground in the middle east again. and that is what we really talked about is solutions. and where do you stand on that today and what solution would you like to give to make us feel safe? >> we have to deal with the caliphate. and right now they are successful in inspiring attacks and will inspire more. and they are standing up to the united states and maintaining their land and state. that's why it is person for us to provide help to the kurds and iraq and so we can organize and

begin to take back be the territory in iraq. and take back their land and show the islamic world it is it not a caliphate. and then the job is easier. >> it becomes an easier job in syria. and the answer to the viewers. do you see putting thousands more boots on the ground to take back be territory as important. >> i think he wrote about general jack king. and he laid out a plan and i looked at someone with that kind of experience. and 10000 is the number he's used and that sounds to me like a lejet mate number. and the sunnis.

need more help than the kurds will. and we have 3400 or 5000 now. and it is supportive of the iraqi sunni's. it is nice o and breaking news. that isshortly. thank you. >> thank you. on that topic, chuck hagel accuses of the white house of trying to destroy him after he raised questions about president obama's military judgment. we'll talk about that coming up. ugh! heartburn! no one burns on my watch!

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president obama's former secretary chuck hagel critici criticizing, saying it damaged u.s. credibility around the world. joining us now, general jack keane, a fox news military analyst. what do you think about that? does that ring true? >> yeah, absolutely rings true. >> we're talking about the new interview with the former defense secretary saying that -- >> this is the third secretary of defense that has had the same issue with this president, policy differences and staff undermining them. that's number one. number two, the chemical red line issue, the mission was about to be executed and it was called off. >> we had troops ready to go. >> secretary hagel well after that fact has witnessed what has taken place. he's point ud out there's serious credibility issues since

that point. this is pre-isis, and this is other countries taking advantage of the united states because they believe the united states leadership is not what it used to be in the world. it's emboldened our adversaries and also, john, it's made our friends question our resolve and commitment to them. >> this president obviously won office in large part because americans were tired of war. he promised to get troops out of the middle east. we just heard senator santorum suggesting that you have said maybe 10,000 might be required to take out isis in the middle east s. that an accurate number from your point of view? >> well, my basic issue with the president is concerns his policy in the sense that he believes this will take several years to defeat isis. given isis' global strategy, as painful as we're becoming aware of it, it's obvious that isis is moving at a much faster pace than our strategy can cope with. so the basic policy change is urgenc urgency, resolve, and getting on

with doing this much more rpdly and not defer this to the next administration. 10,000 is not combat troops it's trainers, advisers and air controllers helping the iraqis get their act together. >> obviously americans are concerned. general keane, thank you. >> merry christmas, john. >> merry christmas to you. we'll be right back.

>> steve harvey make a's major mistake announcing the wrong winner of the miss universe pageant last night on live television. >> i have to apologize. miss universe 2015, miss philippines! >> so the crown was taken from one and given to the other, all of this happening in front of millions of people last night. harvey made an on-air apology. you saw part of that, later apologizing even more on social media. it's easy to make a mistake. that's a big one.

>> they announce the name of the runner-up, which is really the second place person. >> why didn't they just say second place? i've always wondered that. first runner-up? th we have a lot of questions. poor steve harvey. >> thanks for joining us. >> "the real story" with gretchen starts now. kicking off the week with a fox news alert. the man who supplied the assault rifles in the san bernardino rampage is in court today. this is "the real story." 24-year-old enrique marquez was the friend of the attacker syed farook, now charged with supporting material support to terrorists, making false statements, fraud and misuse of documents. he went before a judge earlier today. his hearing is expected to continue within the hour. will carr is live for us in riverside, california. will, what is going on right now with this hearing? >> reporter: hey there, gretchen. the reason they're taking this short break is the public defender asked the judge