>> rather talk about isis than viagra, that's what i'm saying. melissa: we'll stay hire -- harris: we'll stay here for the live off-line show you can be a part with the chat. foxnews.com/outnumbered. have a great day. hillary clinton will. a month ago she had a big lead. we are covering all of the news now. (chanting) >> tensions mount in germany after sexual assaults on women by migrants continue to rise. plus. >> i feel he is evil. >> jury selection be underway.

will media coverage of the brutal trial give a fair crime. >> and a deadly home explosion. >> what caused a blast and why investigators are calling it homicide. it is all "happening now". it is all "happening now". >> we begin with the president's final state of the union address. the white house said we could see something different tonight than in previous years. i am jenna lee. >> and i am jon scott. it is the 7th and final state of the union address. he will focus on the iran nuclear deal and items yet to be checked off like closing the guantanamo bay prison and gun control. white house correspondent kevin joins us. >> reporter: conversational and optimistic and a focus on on the fut and you are how the white

house is describing the president's approach. we also him to spend time talking about international and national security especially as it relates to the ongoing battle against isis. >> i am absolutely confident we will have defeated isil. what they represent is a blind alley for the region and people will recognize that the same way they turned over time on al-qaeda. >> reporter: the president is getting ready in the way you would expect. he's going over the speech line by-line. we have seen this happen before literally up until the last moment the president and his team will work on the speech. you might be wondering what the speaker of the house have to say about the final state of the union address. paul ryan is weighing in and

this morning at breakfast are instructive if you are wondering about the tone and speaker. i think it is a mess. the economy is soft if not bachltd this administration has practiced trickle down economics but with taxpayers' money. our word doesn't mean much anymore abroad and our alleys are really nervous. of course the president will try to paper that over tonight. the vice-president biden is weighing in on this. we are going to, and i want to make sure i get it right. own the finish line. expect to hear that in the speech. >> maybe we can go back to peek through the curtains of the oval office. there is the president. we presume he is working on the state of the union speech. did he ask you advice?

>> reporter: where is the best place in town to watch football on sunday and get hot links. he has not asked me. that is a terrific shot peering from the distance there and give you a small sense of what happened, not only does the president go over it. once every couple of hours, they will review and go after it again and he will again drill down and deliver it out loud and hear how it seems and sounds. it is it painstaking and doing all day long as this is his sign off in some ways and last state of the union address. >> kevin, thank you. >> we want kevin's advice on where to get wings and watch football be in washington d.c. >> we are coming for you.

bret baier anchors our coverage 8:55 eastern time. and full analysis to until and fair and balanced here on fox news channel. >> less than three weeks to go before the iowa caucus, ted cruz and donald trump lead the polls there and respectively followed by marco rubio. you can hear it in the crowd as he gets the thumbs up from the 90-year-old that are trump is succeeding because he is focusing on immigration. we have the editor here. and interesting to see what she has to say, shane. phillis scla chy wrote thousands

of articles is a voice many are listening to when it comes to conservatives. immigration is the number one issue that will determine 2016? >> i think for a lot of republican primary voters, particularly in the conservative grassroots of the party, i think it is fair to say imdpragz is the number one issue and driving the conversation that is happe the primary season. frankly donald trump galvinnized core parts the republican base on the part of immigration. it shows a striking imbalance between a let of grassroots activist and party establishment in washington on this issue. >> let me ask you about about that. we have interesting things to say about how it really distinguishes different candidates. and this is what phillis scha

fly said if we don't stop immigration, we'll not be america anymore. most of the people don't have experience with limited government. they look to government to solve all of those problems. and soon as the majority thinks that, it will be a different country. how does it change depending on which candidate you are talking to if indeed, this is the key issue? >> certainly on the immigration dynamic between donald trump and ted cruz. ted cruz is trying to paint a contrast between he and donald trump but seen as a hard liner. ted cruz came out and said he would not be be in favor of a deportation squad or something

that donald trump alluded to and proposed over the last couple of months on what to do with the millions of undocumented immigrants currently in the u.s. ted cruz is trying to walk a fine line. he needs to paint a contrast between he and can donald trump on the issue. but still keeps him in favor with the grassroots of the party that donald trump has galvanized on this issue. the bigger question for marco rubio, how can he keep himself in the debate. he's trying to reframe it as a national security one. he's had limited success on that. there are clearly many republicans, conservative republicans in the early states that are skeptical of marco rubio. but i think ted cruz is smart to paint a contrast with excuse me,

donald trump on the issue and try to go after him a bit and make this line much more clear when they next meet on the debate stage. >> he's had to clarify previous comments on immigration. just last hour, donald trump talked to neil cavuto and we have fresh sound on that. it is important to know that donald trump talked about building the wall and come off that a bit and touching on immigration in a different way. we'll play it and talk about it in a moment. >> do you think that the recent and closer poll numbers for ted cruz owe to the concern, that is he a american citizen and you raised it, john mccain raised it and other opponents and rand paul among them. what is going on and is that

a legitimate issue? >> it is a legitimate issue. if you have him as a candidate and he is a friend of mine. and i like him a lot. but if he is a candidate, and you don't know if he will be allowed to run or serve. how can you vote that way? >> immigration, it is not a policy issue, but he's talking about status when it comes to it a fellow candidate. is this helpful or hurtful to him? >> it is it something that is going to come out on the debate stage later this week. it will be interesting to it see how ted cruz handle its. he has to this point, said it is a settled matter. he's released his mother's ser 55icate and born to an american citizen abroad and he is a natural born citizen is. i am not a constitutional law professor but there is

a question to where there is a chlor precedent. there is not a supreme court decision that positively settles this matter as i understand it but is widely accepted that the case that ted cruz is laying out and clear. >> how trump handles it on thursday night and could be telling if he will be successful in picking up or steer clear from over the next several weeks. >> how far does donald trump go in taking the eligibility fight. i don't think it gets him very far and i don't see an indication that there is a large portion of the base of the republican party that wantses to litigate the question of ted cruz' eligibility despite what many of them said about the obama birther debate. i don't think it will move folks

the way donald trump is. he does know that ted cruz is creeping up on him and donald trump, the way he is set up. if he suffers a setback to cruz it is damaging to his. >> we'll watch for immigration and see if it come can -- comes to the top. thank you for much. >> thank you. chelsea clinton hitting the campaign trial on behalf of her mother. she stopped in concorde, massachusetts where she served as a panelist on a roundtable. and early polls show that hillary clinton is falling behind. in iowa bernie sanders is surging to the lead of iowa voters just released today. and 49 percent to hillary

clinton's 44 percent. and martin omolly remains a distant third. >> mysterious house explosion killed a family of four, including two children. it was not a gas leak or accident. they are looking into it. >> and it is chinese economy. how china has passed the point of no return and can how it affects us. >> what would you like to hear from president obama in the go to foxnews.com/happeningnow. and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in! in new york state, we believe tomorrow starts today.

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marcoto criticize him fornfair missing votes. "but i am going to miss votes,

i'm running for president." but he's been missing votes for a long time. "one third of all of his missed votes in 2015 were missed before he announced he was running for president." over the last three years, marco rubio has missed more votes... than any other senator. washington politician marco rubio. doesn't show up for work, but wants a promotion? right to rise usa is responsible for the content of this message. >> right now tension in germ no after hundreds of sexual assaults on woman during new year's eve celebration. protestors are blaming the spike in crime on angela merkel's

policy. >> a very heated debate going on in germany and europe about the role of the refugees and the open arm policy they and more recently what to do when they commit crime in the country. this stems from the new year's eve attacks. according to the interior ministry men gathered by the main train celebration and they surrounded the women and attacked them. there are 550 complaints of which 40 percent are sexual assault. the back lash was fast and the local police chief had played down the role of refugee in the attacks. there is anti- immigration rallies. and demonstrated in eastern german city, carrying signs like refugees and not welcome and

freedom for germany. they said they would fight the spread of islam in germany. today they met with the the algerian president. and the justice minister announced new plans and meant that crimes against the persons would be grounds for deportation. a million refugees have flooded in and the center of these accusations are a minority. and such attacks have taken place in other european countries today in austria they are cutting down on economic migrants. and very much a divided europe on this issue. some welcoming refugees and others say multiculturism is easy in theory but a lot harder in practice. >> thank you. >> new concerns about china's struggling economy and the affect on your wallet.

they are expected to post the weakest growth. and that could ripple affect worldwide. it is author of the book coming collapse of china. you say that china passed a point of no return in their economy. >> we are seeing the crisis are coming in a shorter intervales. that is a sign of falling off the cliff soon. they are going to reveal the 2015 gd. it really is about 1 or 2. the problem for china right now, chinese leaders can no longer restart growth. the economy is trending down. eventually it will be in contraction. >> the chinese can have a top down or a vibrant economy. but not both? >> yes, the stimulus was a failure and the only thing

they can do it is structural economic reform. but that type of reform is inconsist issent with their president's notion of economy and state dominated system they have got. either they will have reform or a economy. and they can't have both. clearly they are not reforming. >> as you know their stocks fell monday and tuesday of this week and affected the u.s. markets as well. what do you say to the the u.s. investors? >> when it took 3 or 400 points off of the markets each day. they don't understand what is going on in china? i think that they underestimate the importance of china to the rest of the world. it is ignorance and take the global markets in bad direction.

we think that china is too important but it really isn't. the problem is, you can see it is not an engine of global growth. you have to create growth elsewhere. and china is taking growth away with the predatory policy. and it has linkages with the world are decloining and that is a problem for china. it is not central as it once was. >> gordon, thank you. detainees soon to be released from gitmo. cleared

>> a major wreck involving dozens of vehicles shuts down a busy highway in indiana. it is closed an hour east of indianapolis involving 30 car pile up. it started with a crash with a tractor trailer on a car and resulting numbous other wrecks. it could take hours to clean up the mess and reopen i- 70. >> and the obama administration is getting ready to transfer 10 gitmo detaineys to countries in the middle east. it would bring the detainees down to under 100. the remaining detainees are the world's dangerous men with ties to al-qaeda and other terrorist groups. we have the editor of the long board journal. you have looked through thousands of classified leaked

on gutierrez bay. what do we know about the next group set to be released? >> we don't know the specific ten guys. bottom line, president obama came in office in 2009. he inherited a high risk population. the joint task evaluate all of the detainees and 75 percent of the detainees that were left were domeed high risk to the u.s. and allies and interestses. they are known to be be real deal problem. and basically over time, it is it 103 detainees as we sit here. and 83 of them were high risk by joint task guantanamo. >> can you tell us what high risk means? >> it means when they looked at these guys and they looked at military capability or intent. will they harm us and do they have the intent to do that?

the overwhelming majority said yes. one of the guys transferred on friday and president obama's own task force said this is a dangerous guy. and he was transferred on monday and president obama's task force said this guy should be kept in detention indefinitely. they should be held indefinitely and now transfer. and you can't do that if you have high risk detainees. and that's the policy p. >> we don't know where they are going. we don't know. as someone who has looked at information and propaganda. what does it this moan for national security. >> we are giving them guys to lead the fight. the guy who served osama bin

laden reappear ped on the scene for al-qaeda. we went through the three videos and he's a senior al-qaeda management leader. >> he's back in position. >> he's a guy transferred and got a sweetheart deal from the mission commission and took advantage television and got back in the game. >> talk about the research and the use of gitmo and propaganda. this is a propaganda and recruiting issue and gitmo is hurting us in the argument and i am roughlily summarize it. it is hurting us. >> that's the argument that president obama made. that is false. we look at the propaganda every day. it is almost never, never a theme of the actual propaganda and rarely mentioned.

he's saying it is it why people are recruited on. that is not true. show me one video where jihadiist say come fight because of gitmo. >> and it moved off the news. >> public perception. >> and that gives us a fall sense of security on the number one terror group than al-qaeda that seems less active. they are still al-qaeda guys. >> al-qaeda loves. this they want everyone on isis and the islamic state. it allows them to move forward. even jordan released a cleric to talk about the danger was isis. al-qaeda said they are moderate jihadiist force. this is a nightmare for us in the long run. they are triangling themselves to be acceptable force.

this many years after 9/11 and al-qaeda is portraying itself as a moderate force. >> what a bocking. wow. that gives us a lot to think about. great to have you on the program, jon. >> a real estate agency goes out and shows a house and winds up murdered. we'll have more on the trial.

fox news alert. all of the presidential candidates are out in force. and ted cruz at a rally in hudson, new hampshire and billed as the second amendment rally, less than a month before the primary there. couple of protestors up on the stage and get right in his face. apparently they were anti- gun rights protestors and they jumped up on stage and hasseled ted cruz before security huszled them off. >> the bernestas are out in force from the neighboring state of vermont. ted cruise going on after the show after the interruption. >> they have a white house

issuing a statement and saying that the white house condemns the day's terrorist attack in is tanbul. a homicide bomber blew himself up. most victims were german and 15 others were injured seriously and officials are saying the bomber was a 28-year-old member of isis who recently entered the country from syria. >> jury selection begins for a man who murdered a real estate agent. she was found dead in the fall of 2014 after telling her husband she was leaving to show a house. this man aaron louis pledding not guilty to the charges of her death. bob is a criminal difference

attorney and former prosecutor and trial attorney. bob, i want to it start with you first, as a prosecutor dealt with real estate agents and warning them of the dangers of that line of work? >> yeah, when i was a prosecutor in a suburban community, there was a lot of real estate agents that were soft targets for people who want to rape or rob or commit murder. we went to the real estate agents and how can we target these guys and so they don't be victims of crimes. >> this woman said i am going to go show a house and they found her body three days later. >> and the reporter said why beverly, he said because she was a woman that worked alone, a rich broker. so going to your point. he and his wife who is in

prison, really planned it against beverly. she was a broker and by herself and targeted houses to look at where there was no security or film. >> you mentioned his wife is going to testify against him and involved in the plot and got a 30 year sentence. doesn't that basically seal the case against the guy who is charged? >> it is very helpful. and what about spousal privlemming and how can she take the stand. he made statements on the media. he waived his right to spousal privilege about her. and she spoke to the media. arkansas law is different. she can testify to the scheme and even what they said. in cross examination, they will go after that. and say you are getting what, lady? reduction to 30 years.

>> but the police made a mess apparently of the case. they found the victim's hair in the trunk of his car. they will not use that because he was in the patrol car and they said i want a lawyer and they went ahead with the interrogation anyway. >> it is not unusual in the homicide or investigation when someone invokes their rights. it is important for the police usually to make an arrest and the lawyers are looking to push the ball past the goal line to conviction. when my team went out, lawyers were there to make sure the convictions were secure and evidence was secure. it was strange, the search warrant, forget about the statements. the judge signed it that has a preassumption of validity and thrown out. his statements were thrown out and evidence with duct tape and

hair of the victim were thrown out. that is a disastrous thing for the prosecution. >> but they have cell phone evidence and they have strange in the interrogation. it was not thrown out. it was a part of it where the two defendant -- where the victim is talking to her husband, play that ransome. that will be played. and when it all comes together it is a strong case for the prosecution. >> can we see the wife who was the accomplice. she's in jail for 30 years, could he walk because of this police misconduct and the evidence that is tossed out. >> if you didn't have the other house and wife and cell phone records and excuse me, he fleeing from the scene.

if you department have that you would be in trouble. >> you never want to rely your case on a witness that has a benefit. i agree, it is so many other pieces. the phone records and e-mails that they will be able to tie in and lured her there. but jon -- >> if he takes the stand, it would be hard to take it in his defense. he has a lot of criminal convictions. >> her body was buried where he used work. we'll let our viewers know what happens. >> police in ohio investigating a house explosion that killed an entire family. the victims two young girls 12 and 8 years old and their parents. the house blast shook the house. it originated in the middle of the house but doesn't seem to be

the result of a gas leak. >> sergeant bergdahl facing the military court to answer charge was desertion and endangering the soldiers. plus this. >> a couple of years ago australia had a mass shooting and imposed tough gun laws and they haven't had a mass shooting since. >> president obama cited australia's weapon's ban as a model for america. we'll take a look at australia's gun laws. canned can clear canned can clear

a canadian man scombpd held by the taliban by five year system a free man now. collin rutherford captured in afghanistan. and accused him of being a spy. he was on a tour of the country

and released as part of the deal brokered by the qa ta ri government. >> sergeant bergdahl back in court on desertion. johnathon is watching the developments from the atlanta bureau. what did we learn in the pretrial hearing? >> sergeant bergdahl did not enter a plea in the pretrial hearing, it focused on how both sides presented their case in summer including how to handle 300000 pages of classified documents in the case. in the hearings, the sergeant appears in the army service uniform and not allowed to earn service medals including a nato service medal and pow ribbon and heart.

his lawyers complain this is prejudicial. it will be decided whether he will wear the medals in the court martial. bergdahl was held captive for five years. he was freed in exchange for the release of five guantanamo bay detainees. bergdahl is charged with desertion and misbehavior before the enemy. and the latter carries a life in prison. he can face panel of soldiers or military judge alone decide his fate. the defense team questioned the judge at length about his previous knowledge of the bergdahl case and the conversations that the judge had about the case, jenna. >> president obama expected to speak about his renewed push for gun laws in tonight's state of the union address. he cited australia gun control

laws as a model of what can be done here. greg, what are the laws exactly and tell us about p the results. >> reporter: john, they are called the most stringent gun control laws in the world and that is why president obama drew attention to them. they were started by a mass shooting in port arthur in 1996 in which 35 people were killed. that led to it super strict gun measures. there is a ban and buy back of automatic and semi-automatic weapons and that resulted in 1 million guns turned in and a main force behind the law is imfisher. he told us he was hanged in effiga y. >> you can't rule it out. but the benefits are 0.

gun mass crews for the first 20 years after 1996. >> fisher are is a gun owner and a vietnam veteran and not a profile of a gun law advocate, jon. >> could this kind of thing work in the u.s.? >> reporter: that's one question and jon, is it working there? we spoke to a lot of people in australia, gun violence over all is down, it was going down anyway. law- abidinging gun users there are stigmatized and there are illegal guys for bad guys to do damage with. like a siege in a coffee shop in which a gunman using an illegal weapon held hostages and three people were. there as to whether it would work in the u.s., it is a nonstarter by many in second

amendment america. a similar program would result in 100 million guns turned in. take a listen. >> they talk about common sense and we point out what they mean and when they point about an australia program. they are not talking about a buy back. but massive gun ban and confiscation of guns and americans will not tolerate that. >> reporter: presidential hopeful hillary clinton spoke admiringly about the australia gun laws and the nra, also has her in their sights. >> thank you. >> last year was a record year for whale watching. a rare sight from the the air and we'll show you more photos. and a grouch of cubans stranded

for months finally on on the way to the united states. not everyone is happy about it. we'll take a closer look. diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.

paul ryan has strong comments for president obama on his isis strategy and whether he can close gitmo. a pair of brand new polls out of iowa and new hampshire that do not look good for hillary clinton. is she in serious trouble? do you use craigslist to buy stuff or sell stuff? new reports track a stunning number of murders linked to that site.

whale sightings are way up this winter. gray whales, thin whales have all been spotted. scientists aren't sure why. they think the warmer water due to el nino may be a factor here. thousands of cuban migrants are stranded in costa rica. a group of migrants are getting ready to take the next step. they will be air lifted. >> we could see that first test flight tonight. 180 cubans coming out of costa rica. they'll have to pay for their tickets. not all of them happy about

that. conditions getting bad enough to warrant a protest from the pope. we have really seen a tremendous increase in the past year over cubans trying to get to the u.s. it's more than 40,000 cubans trying to make it into the u.s. many fear that because new or closer relations could mean an end to what up until now has been a favorable policy letting anyone who touched the dry land in the u.s. stay here. they are afraid that will change. they want to get here before it does. back to you. >> thank you, steve. wait and see what one fugitive did one cops posted what he considered an unflattering mugshot on facebook.

you're not going to believe it.

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no one burns on my watch! try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief. time for the final 30. everybody has a bad day even criminals like this guy in ohio. wanted for failure to appear in court so the police posted his mugshot on their facebook page. >> the fugitive saw the post and sent this selfie instead. they said thanks but adding they would rather he turn himself in. >> more detail in the close upshot. >> word to the wise, if you are arrested and have a mugshot, we'll use that photo all day

long. >> for a long time. >> maybe rehearse just in case. >> always wear clean clothes. thank you for joining us today. >> the real story with gretchen starts now. president barack obama preparing right now for his final state of the union address. it's going to happen a few hours from now. happy tuesday. this is the real story. the president is expected to lay out a series of accomplishments and speak broadly about the country's direction and future challenges. last year he had the lowest rating in 16 years. this time it will be congress paul ryan sitting behind the president as speaker of the house and after the republican response will include disagreements with everything from the handling of isis to the president's plan to close guantanamo bay. mike, what does speaker ryan say to reporters today about the issue of isis and the authorization of military