bill: i was impressed with your baseball knowledge. you nailed it. we will see you tomorrow. >> the big headline of the day north korea claiming it tested a weapon more powerful than an atomic bomb. hydrogen bomb. if that happened and there are skeptics out there, it is in mali in defiance of the international community. welcome to "happening now". i am jenna lee. jon: i am john scott. kim jong un says the blast of a miniature h bomb was, quote, a perfect success. such a test would push north korea's nuclear capacity to a new level if they pulled off and would probably bring new sanctions from the united

nations but many experts have their doubts. japan launched fighter jets to take radiation measurements and so far they report nothing unusual. the latest from senior foreign affairs correspondent drake -- greg is in our london bureau. >> reporter: indications we are getting as well, north korea did not test a hydrogen bomb. however according to experts, people watching north korea, the direction of their movement is alarming enough. on state television in north korea, the dictator kim jong un signing off on this alleged test of the h bomb of justice which our experts tell us today, he is seriously skeptical that it was a test of a hydrogen device noting the signature of the blasts did not match the size and nature of an age bomb tests and he did not think north korea

mastered the technology of an h bomb. it is more sophisticated and more powerful than a, quote, normal atomic bomb like the one dropped on hiroshima like the devices north korea has been testing over the past couple years. finally analyst says he has no doubt an atomic device was detonated and that device, that bomb in the wrong hands can be just as dangerous in his new year's message to his people, kim jong and said his country is ready for war. as you can imagine north korea's neighbors are not enough festive mood this week, south korea saying the test was a grave provocation, even north korea at staunch ally china saying it was firmly opposed to the test. as for the u.s. a department they tweeted we call on north korea to abide by its international obligations and commitments. tough time.

jon: thank you. jenna: afghanistan, specific challenge to the special apps forces after the taliban surrounded a group of them in a rescue helicopter crew in a province trapping a dozen inert compound, that standoff lasting hours as was our understanding with fierce fighting with the taliban, national security correspondent jennifer griffin is following this story at the pentagon. >> reporter: u.s. forces no longer are trapped in the compound but members of the quick reaction force sent in to rescue the injured americans are on the ground. those u.s. troops stayed behind to secure the damage blackhawk helicopter whose rollerblades hit the side of the compound during the first rescue attempt. that rescue helicopter remains grounded. last night we report a third rescue team managed to infiltrate the american special operator who had been killed along with the two injured americans and the crew of the downed u.s. helicopter but that was after they spend hours under

attack in the compound surrounded by the taliban. we know all the original units that came under fire have been evacuated. this morning we spoke to colonel michael longhorn, a military spokesman who said, quote, u.s. special operations forces are conducting their advice and assist mission with afghan partners, and 12 airstrikes to support u.s. and afghan forces in that area since yesterday. a gunship was sent to fly cover for the u.s. troops while they were trapped in the compound. u.s. forces were trapped for at least we 6 hours, we received the first reports of killed and injured americans yesterday morning by the afternoon, the pentagon press secretary could not confirm the wounded americans had been evacuated. >> there is fighting on the ground as we speak and everything is being done to secure the safety of those americans and the afghan forces they were accompanying. >> reporter: senior military force describe the situation at

the compound as, quote, heroin for those who were trapped awaiting rescue. at one point they looked at a satellite map of where the u.s. troops were holed up and the housing compound where they took shelter was surrounded by a sea of taliban any compounds. jenna: more as we get it, thank you. jon: let's talk about the emotional address we watched during "happening now" yesterday. president obama white away tears as he talks about the victims of mass shootings while announcing a series of executive actions on gun-control. >> inalienable right to life, liberty and the pursuit of happiness, those rights were stripped from college kids in santa barbara. and from high school lawyers at columbine. and from first graders in

newtown. every time i think about those kids it gets me mad. >> senior politics editor at the daily beast and executive editor at the daily caller. welcome to both of you. jackie, you saw the president put everything including his tears into this effort. will it get him what he wants? >> i don't think it will. he is dealing with several executive orders, will actually require action will actually require congressional action, something like matt atf hiring, you need funding for that and congress would have to provide that and i don't think that is going to happen in this environment particularly when you look at what is happening on the campaign trail. and control is a volatile issue enduring an election year even more so. jon: does it surprise you given it is an election year the president obviously wants to boost whoever succeeds him from the democratic side that he has

taken up this issue? >> it surprises me absolutely especially if you are thinking about things politically because every time the president does something like this it pushes more and more voters into the gop's camp on gun-control. polling has shown routinely as these continue as a obama response to them over and over again, polling shows voters are heading in the republican party's direction on guns so put the president to do this at the beginning of a pivotal election year could absolutely work to the benefit of the republican party. jon: gun sales would indicate people are afraid of some kind of action from the obama administration that would limit their ability to buy a firearm. >> gun sales went up yesterday. jon: they have been going up for the last month. >> if you look at the results after newtown more gun laws, fewer gun laws on the state level than there were before

newtown. it fill the coffers of the republican presidential candidates. based on the fund-raising e-mails, you can assume they made cash off of this announcement. jon: hillary clinton is presumed to be the democratic nominee who will succeed president obama in attempting to win the white house. she has also said she would be covered and he is on guns. can she win the oval office with that attitude? >> it is not clear. it plays well with her base and she is running in a democratic primary wary is important for her to go as far left as she can, stand on the issue of guns. right now this is all about winning a primary for hillary clinton. he is against bernie sanders who is pending in both iowa and new hampshire. whether he can win iowa is a question but new hampshire is a threat and she needs to juxtaposition herself to bernie sanders who is the most

conservative gun record of the democratic field. jon: the white house and the president acknowledged none of the measures he is proposing would have prevented any of the recent shootings. his argument is you can still try to prevent the next one using these measures. gun proponents say the problem is illegal users of guns, criminals are not going to follow the law anyway. >> that is their argument and when you look at the executive actions as well as the ones he introduced three years ago in the wake of newtown a lot of these have to do with increasing enforcement and making sure the laws currently on the books are funded and enforced. not sure what your question was that that is the argument. there is that argument out there. >> there are elements that demand questions to be answered of the white house.

one of them is the white house indicated as few as one gun sale could qualify somebody to register for background checks. what does that mean? every gun sold in the united states would trigger this requirement and there were many others including privacy protections being taken away from patients undergoing mental health issues, doctors have more incentive to go to the government because they changed the rules of what they're normally covered protections would have been to allow doctors to speak to the government so there are a lot of questions that continue with this executive action ended doesn't appear, simply enforcement matter. jenna: republicans calling for mental health reform might work with the white house because that is something they talk about and that is a detail, privacy concerns, something they need to workout. jon: thank you both. coming up next hour kentucky senator and presidential candidate rand paul says he will

fight the president on this issue tooth and nail. he joins us on how exactly he plans to do that. mark your calendars, a quick reminder on the network that is america's election headquarters, thursday, january 14th the best in business host the next gop debate, first round starts at 6:00 p.m. with trish regan and sandra smith from our sister network fox business and a leading republican candidates take main stage at 9:00 p.m. eastern, maria bartiroma and neil cavuto will moderate that. jenna: the man who supplied guns to the terrorist in san bernardino is due in court today. and retail markets will be arraigned on gun immigration and terrorism related charges, he provided those rifles to the two terrorist and a couple use those guns to kill 14 people and injured 22 others. jonathan hunt is live from riverside, california where m q marquez is making his court appearance.

>> reporter: he is due in court in one hour and 20 minutes. we may find for the first time a plea from him today given that this is his first court appearance since a federal grand jury handed down the five count indictment last week. he faces up to 50 years in jail on those charges, the most serious of which is providing material support to terrorists. that is in relation to him providing two of the rifles used in the dec. second shooting at the inland regional center. fbi officials say he was not aware of plans for that attack but provided rifles, another attack with one of the issues back in 2011-2012, and attack the was never carried out. meanwhile the fbi is trying to piece together some missing minutes of the movement of this couple's that carried out the

couple, remembered there is a four hour gap between the shooting at the center and the shootout between the couple and the cops in which both the shooters were killed, 11:00 a.m. to 3:00 p.m.. there is an 18 minute gap between 12:59, and 1:17 and the fbi is asking anybody who might have seen the couple to tell about it because they wanted peace together every one of those movements to know who they might have met with, what they might have done if they had disposed of any evidence during the missing 18 minutes. the fbi also talked at a long news conference about whether there was any foreign involvement in planning the attack. >> as of today we do not see any indications of a foreign directed terrorist act. this seems to be inspired terrorist act. >> reporter: undoubtedly inspired by the ideology of radical islam but according to

the fbi, no individuals or groups outside the united states were involved in planning the deadly attack last december. jenna: a story to watch today, thank you. jon: the fbi also involved in another major case in the news, trying to resolve the situation in oregon. what members of the armed group of protesters are afraid of as the standoff on federal land goes on. new fallout from saudi arabia's move to cut ties with iran after protesters attacked a saudi embassy in tehran. other gulf nations are reacting and concerns the conflict is sparking at home. we want to hear from you. how concerned are you that north korea might actually have successfully tested a hydrogen bomb? live chat is up and running, go to foxnews.com/happeningnow to join the conversation. what makes this simple salad the best simple salad ever?

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jon: u.s. marine is in custody

for shooting in texas the ended with the death of a college student. authorities say the group in corporal eric johnson's suv got in an argentine with the group inside the car driven by the 20-year-old woman. shot fired and she was hit in the head. a deposition for bill cosby's wife is postponed while an appeals court works through the court system. she was scheduled to be questioned today by the lawyers of women claiming bill cosby defamed them after they accused of sexual assault. a federal judge dismissed a lawsuit by the family of a boston man killed by james whitey bolger, relatives alleged fbi agent who for decades bolger killed a man the agent never told the families. the judge finding the fed had no legal duty to report what they had. jenna: saudi arabia severing relations with iran after attacks on saudi diplomatic,

sparked by the execution of a prominent shiite cleric by saudi arabia. rising tension between two major oil-producing nations leading to fears about energy prices and what is to come, so far other factors outweighed the fear that could come into the market. a gallon of gas stands at $2 a gallon, still there has been plenty of fallout from the saudi arabian compound in the gulf states. john huddy is live with more. >> several city controlled countries have either cut ties or downgraded relations with shia controlled iran, with saudi arabia and that raised concerns about wide-ranging repercussions throughout the middle east and that is why several countries are calling for the escalation in tensions, today we are offering to be an intermediary, today iran's foreign minister is

on the left of the video there, met with his iranian counterpart in tehran offering help as a mediator between iran and saudi arabia. so far he has not responded to the offer, iranian officials left saudi arabia and returned to tehran as the that does not bode well for the resumption of peace between the two countries and following saudi arabia's lead, but russia and sudan have cut ties with iran, they downgraded relations with its of diplomatic relations and kuwait pulled its ambassador staff, and to convey its condemnation of the storming of saudi arabia over the weekend and danger among protesters and iranian officials who centered on saudi arabia's execution of the shiite cleric who was executed saturday as we know along with 46 others

and as i said the concern about the ongoing political route between iran and saudi arabia would have wide-ranging repercussions throughout the middle east and possibly further fuel sectarian violence between sunni and shiite and because of this support, closely following this and israeli officials in jerusalem as well. jon: armed protesters in a remote federal refuge for the fifth day even after the father and son at the center of the fight are back in prison. residents fear the standoff could end. north korea claims it tested hydrogen bomb. many experts have their doubts but what could it mean for international security if true?

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jon: armed protesters who took over a wildlife refuge could face federal charges according to a local sheriff. the standoff is going into its fifth day putting neighbors on age and who wonder how it will end. a meeting is set for later today. authorities are working on a peaceful resolution that members of the group said they are afraid of a federal raid. the father and son who helped inspire the protests are back in custody. white and stephen hammond surrendered on monday in setting california, the judge ordered them back to prison for setting two fires on federal land. jenna: north korea claims it successfully tested a hydrogen bomb. such a detonation would push north korea's nuclear arsenal to new levels, there's a big if and we are waiting for confirmation. the announcement came from the leader of north korea, kim jong noon shortly after south korea reported a seismic event near the site of a previous nuclear test.

the state department confirming seismic activity and condemning any such tests if it occurred. the science and specific still unconfirmed but a bigger question is emerging today not just about what north korea did but who they are working with. former said the assistance secretary of defense under president reagan, fox news military analyst, talking about reported connection in collaboration between north korea and iran and in full transparency there are circles of academics who believe this connection doesn't exist and others who are confident that does. we are operating a little in this gray area but the report goes back to the 1990s for further about the collaboration and a specific elaboration that concerns you. >> we know the iranians, the last nuclear test a couple years ago. we know the iranians are helping the north koreans to miniature

rise nuclear weapons. the north korean scientific community is the game who can't shoot straight. they have had several failures in years past and all of a sudden the iranians show up and are successful. that suggests the iranian nuclear test site facility is actually in north korea and what does this say about our nuclear deal with iran? iran is able to circumvent it by using their technological colleagues in pakistan and test flight facilities in north korea to push had their own nuclear ambitions and by the way, what about the rockets? the iranians and north koreans are developing long-range intercontinental ballistic missiles by collaborating together. this is an international strategic conspiracy of cosmic proportions. >> north koreans will test a missile and all of a sudden it appears in iran, they paint the side and, another missile.

they really are collaborating. we note iranian engineers have been present at the nuclear tests. whether it is halfwit between iranian and the hydrogen bomb the key is miniatures asian. if you can get a nuclear weapons small inert which a hydrogen weapon would be it could be small enough to put on the top of a missile. a missile, we know the north koreans and iranians have tested missiles that can go 1,000 miles so if you could have a miniature nuclear weapon and a missile that can reach from iran, reach europe, from north korea could reach japan or the west coast of the united states you're in a whole different world, intercontinental ballistic missiles that carry nuclear weapons that can reach far from the local neighborhood and that means the japanese, south koreans have to be nervous about north korea and it means the

europeans, others in the middle east have to be very concerned about the potential capability of an iranian nuclear program. jenna: in 2011, five years to the day, bob gates, secretary of defense in china said in 2011 that he was gravely concerned about north korea and where north korea will be in five years. five years later the news of the day. both republicans and democrats have failed in containing and deterring north korea. what is our move to date? >> you hit the nail on the head, bob gates is right, the horse is out of the barn. this is a country with a $60 billion gnp, $4 billion go to military hardware, they have got their technological connection with iran, explode nuclear weapons within their own territory. i am afraid this strategy, obama

strategy of strategic patience is over. there isn't a lot you can do the can't put sanctions on a country with a population that is starving. you can't stop their importation of illegal money. sadly i am afraid the north koreans are on a roll and there is little if anything the united states or china or the u.n. can do. >> i disagree. we may not be able to stop the north korean program but we can get a defensive program from the united states. i was in a white house the night president obama gamecocks star wars speech in 1983 and he called on the american scientific community to develop the shield that would protect the united states from incoming missiles. we were worried about soviet missiles, chinese missiles, now we have a whole new era where we could be worried about nuclear-weapons from other rogue countries. we need to accelerate and try to reverse the halt we have put to the missile defense program. we need to do it. >> i agree. what i meant was we can't stop

march 3rd's offensive efforts but we can bolster our defensive means to keep the north korean missile from reaching united states. >> what does deterrance look like in today's world? i wish we could have a long conversation about that today. great to have you both, we will continue to watch the story. thank you. >> you might have seen the new netflix documentary series sparking widespread calls for the release of a convicted murderer. the former prosecutor says the show presented a biased view of the case. >> what is the most persuasive evidence you had against him that the series's makers left out?

>>

jon: a wildly popular netflix documentary series has fans calling for the release of a murderer. it focuses on steven avery. the show explores the possibility they were framed. but the former prosecutor says key evidence was left out of the documentary. reporter: what do you think was the most persuasive evidence you had against him that the series makers left out.

>> the dna found on the hood latch of the victim's car. the victim's suv is hidden by mr. avery and mr. darby. he told law enforcement his uncle steven went under the hood. jon: she was supposed to meet avery at her home to take pictures of a vehicle for a magazine. so let's talk about your former prosecutors' experience. there are hundreds of thousands of people petitioning the white house and the county for a new trial. but is there anything that would suggest he should get one other than a documentary?

>> actual inference means a person may not or did not commit a crime. wrongful conviction can mean a fern wrongfully convicted would warrant a trial. we don't know in avery is innocent but there is evidence to suggest he may have been wrongfully convicted. that from the juror who came forward. jon: he called the filmmakers ahead of time. he said i was in that jury room. i didn't want to vote for conviction but i felt pressured. >> when a juror feels a person is not guilty. but votes guilty, that is a problem. in every trial when a guilty verdict is reach. the judge will poll the jurors and ask is this your true

verdict of each and every juror. and they state under oath that that is their verdict. jon: the prosecuteddor said there are a few things he would do differently if he held this trial over again. he says he would not have involved the police department from the town because there are officers who had been involved in the previous conviction against steven avery. officers who are still investigating him on this murder case. >> that's a no-brainer. when you are laying out evidence you are getting a department that wrongfully convicted somebody, that's an obvious mistake. it definitely was a no-brainer for the prosecution i think to

avoid presenting evidence. i think that that was what the defense was harping on and used as a defense to say that they are actually presenting evidence from police departments that targeted avery. jon: avery apparently has an i.q. of 70, not entirely intellectually there. his nephew who was convicted with him is apparently in worse shape interests electric actually and was interrogated without any kinds of an attorney present. >> the thing that bothers me the most about this conviction. the nephew was interrogated because his lawyers told the police, go talk to him. his lawyers sent an investigator who helped him along to give information that actually would not even get true information. so when you have a lawyer who tells the police go talk without

me. and that statement should have been kept out. >> he was a minor. you don't send a minor to speak to law enforcement. he was being led and fed. jon: is that not enough to bring about a new trial? >> with the nephew's case, yes. the judge erred by allowing that statement in because the attorney brought before the commission and the attorney was not disciplined, which that attorney probably should have been. that attorney got the case and before talking to his client gave media interviews saying my client is guilty of this but it's his uncle's fault. jon: the former prosecutor was given an opportunity to participate in the documentary but he didn't take it. now he's saying it's a one-sided

picture. >> it's bringing forward the injustice in the criminal justice system and it's easy for people to fall prey to improper prosecutorial techniques. the producers or creators spent so much time with avery's family it is kind of one-sided. the show is concerned with ratings so we do have to remember that. jon: this is not a criminal courtroom. thank you both. reporter: experts say a cyber attack got a big chunk of' sue crane's power grid. it would be the first successful black energy attack. we'll take a look at the risk to america's power grid.

jenna: ukraine says hearing are behind a power outage in that country. the lights went out right before christmas along the eastern part of ukraine. it was malware that affected the power structure. worries mount about the vulner bivment our tour grid at home. here is the reason why we are talk about this today. you say our critical infrastructure here in the united states is infected with this malware? how and what does that mean?

>> dhs put out a report a year ago talking about how much of our critical infrastructure has been infected with this black energy mall ware. they discovered it? industrial control systems. so now when we see what happened in the sue crane and now that we understand iran got access to one of our dams, one of the other things. a company in germany, one of their blast furnaces at a steel mill was taken off line. this was a harbinger of things to come. i'll tell you the fact that they demonstrated it shows what they can do on a massive scale inside our own critical infrastructure. jenna: who is "they"? >> it's a group dubbed sand worm. we we talked about the virus in

iran. there is a lot of ties to russia and we know between ukraine and flit waynandlithuania and theref tension. if you connect the dots, there is a lot of things that point to not only a group, but a group inside of russia. jenna: in the simplest of terms what is black energy malware? >> it is something that goes in and can help take control something. in some intrusions they don't want you to know they have been there. this one has a feature that allows you to go in and invade the system, take control it, then start wiping things. it wipes 4,000 different times of files. it has a feature called kill

disk. it kills the hard drive. then it causes the system to reboot. the control system, the brains of this system was take offline and when they rebooted the power went out. jenna: a member of the pry have the sector said he found the fingerprints and believes it was a successful black energy malware attack. you say it's already in our infrastructure and hiding here in the united states. if we know it's there, can we clean it up and get it out? >> you can if you know where to look. this is a hotel with 10,000 rooms. you want to find the one room with the one piece of paper in it that's hiding somewhere in that room.

it's very difficult. this is a huge complex prong made more difficult made by the fact that a lot of these critical infrastructure systems don't have the most modern cyber-security. it becomes difficult to hund room by room, floor by floor to find this stuff. it's something that has to be done. if they don't you will see the ukraine repeated over and over again. jenna: just to review the scenario for our viewers. it's ukraine, the end of december, it's freezing. you have hundreds of thousands of people without electricity. and a big question about how to bring the power back online. what's your understanding of how the power came back and what do you think the scenario is for us. what really is the recovery time? >> a couple things. the first thing is they were fortunate it did rebound. they brought it back in half a

day to a day. and they say the good news is it came back. that's like saying it's just a flesh wound. here is the problem when it's cold, being a former kansas state trooper. when you have power go out you have a cascading series of event, medical emergencies, response times, nursing homes. my mother before she passed away was in an -- an assisted living facility and the power went out. it will tax healthcare, emergency response, 911, utility. you knock the first one down, jenna, 10 more will fall behind. jenna: do you believe we'll be able to come back online in a day and a half or so. >> we were so inner dependent, maybe, but on a big scale, no.

morgan, it's great to have you. thank you. >> i was strand in a few kansas blizzards. >> a deadly terror attack on a french magazine. marco rubio was missing - fundraising in california instead. two weeks later, terrorists struck again in san bernardino... and where was marco? fundraising again in new orleans. over the last 3 years, rubio has missed important national security hearings and missed more total votes than any other senator. politics first: that's the rubio way. right to rise usa is responsible for the content of this message.

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jenna: it's been two years since the deadly attack on the french magazine "charlie hebdo." worries about isis and terror deepens across europe especially after november's attacks in paris. reporter: this special edition was supposed to economy rate those who died a year ago in the

"charlie hebdo" massacre. a million copies of the magazine have been distributed. and it claims it's laced with obscene cartoons. they claim' their freedom to lampoon everyone from muslims to politicians and catholic priest. this week features god on a cover with a gun over his shoulder and the caption reads the murderer is still at large. this week marks a year since 12 people were killed at "charlie hebdo." it was the first in a series of attacks culminating with the attack on paris in november. france itself is still in mourning.

hollande reflecting on what he calls a tumultuous year. the picture of god with a gun. it does not wish to respect people's belief in god. so mixed opinions about today's cover. jon: chilling video he mornings showing a twister crossing an interstate leaving death and destruction. fierce reaction to president obama's executive answer on guns. rand paul will join us live.

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>> a piece of history in scotland on the verge of collapsing as this 16th century castle teeters on edge of swolling river after flooding swept a way chunk of land

between the castle and river. engineers are on the scene to see if they can secure the 450-year-old building. let's hope they do. we'll see you back here in an hour. >> "outnumbered" starts right now. harris: fox news alert. we're awaiting response from the white house now to north korea's claim that successfully test ad hydrogen bomb. we're minutes away from the daily briefing where press secretary josh earnest is expected to be asked about it and react. you can bet it might be the first question. overnight here is what we know, reclusive regime made surprise announcement that it test admin turized h-bomb. that would be a significant jump in their nuclear weapons capability. however, that claim has been met with widespread skepticism. more what is happening with this as it makes news minutes away. >> this is fox news alert. less than from one hour from now