martha: we will not be in this studio on monday morning, we will be in new hampshire in manchester, looking forward to that, covering the new hampshire primary and the big show on tuesday night. bill: that's right. and then wednesday. martha: and then wednesday from there as well. bill: see you next week. martha: have a great weekend, everybody. "happening now" starts right now. ♪ ♪ jenna: and it's what we're watching now. the gloves came off in the debate last night ahead of tuesday's primary as an overnight tracking poll shows clinton cutting into sanders' lead. welcome to "happening now," i'm jenna lee. jon: and i'm jon scott. both candidates landing solid blows five days before the new hampshire vote. mrs. clinton hammered sanders on his credentials as a democratic candidate, senator sanders slammed clinton's big speaking fees and her ties to wall street. listen.

>> being part of the establishment is, is in the last quarter having a super pac that raised $15 million from wall street, that throughout one's life raised a whole lot of money from the drug companies and other special interests. >> you will not find that i ever changed a view or a vote because of any donations that i ever received. >> what -- [applause] >> and i have stood up, and i have represented my constituents to the best of my ability, and i'm very proud of that. >> you know -- >> so i think it's time to end the very artful smear that you and your campaign have been carrying out in recent weeks -- [applause] and let's talk, let's talk about the issues. let's talk about the issues that divide us. >> there is a reason why these people are putting huge amounts of money into our political system. and in my view, it is undermining american democracy,

and it is allowing congress to represent wealthy campaign contributors and not the working families of this country. jon: that race getting very hot. molly line is watching it for us in manchester where it looks to be snowing today. molly? >> reporter: absolutely snowing here in the center of the political universe. we just took a look at some of the debate last night, that was the first one-on-one debate of this election cycle, and now that it is behind, secretary clinton and bernie sanders are back out on the campaign trail this morning, kicking things off with a politics and eggs event, that's a classic event here in new hampshire, to go out there in those morning events and break bread with the people. he also has a rally later on today, and both he and clinton are slated to attend a democratic party event this evening. it is all about getting the voters out to the polls, that is their goal. new hampshire's been pretty good to the clintons in the past, happening then-governor bill

clinton -- remember his famed second place comeback kid story and then secretary clinton's bounceback to defeat then-senator barack obama in 2008. but the latest polling shows sanders with a sizable lead. the u-mass seven tracking poll shows sanders remains on top with 55% support to clinton's 40%, and the distance is even wide or, in another poll sanders comes in with 61 to clinton's 30%. it is all about politicking here in the granite state, so we're going to see a lot of handshaking in the last couple of days before people head to the polls on tuesday. jon: stay warm out there, molly line. thank you. jenna: new polls show marco rubio's stock rising in new hampshire and so are attacks on the florida senator. his rivals citing what they call his lack of experience and lack of accomplishments. the two top finishers in iowa stepping up attacks on each other ahead of new hampshire as well.

donald trump accusing cruz of stealing the iowa caucuses while cruz is saying the billionaire is throwing a temper tantrum, part of the scene we're watching. carl cameron is live in manchester with more on all of this. hi, carl. >> reporter: trumper tantrums. donald trump isn't going to be here, it's a beautiful snowy day in the granite state. there is a new poll out, and it shows that donald trump still has a commanding lead at 30%. it shrunk a little bit, now in second place is marco rubio at 17. trump had a 19-point lead but now it's down to 13, but it's also clearly a big advantage. ted cruz is at 15%, and that explains a lot why marco rubio and ted cruz have been battling one another. it's now a dead heat for second place. john kasich, the third candidate having made double digits at 10%, this illustrating his surge

in a new hampshire poll at precisely the right time, and there you see jeb bush in a statistical tie with john kasich at 9 but leading the single digits bunch. trump will not make his events here today. at first he said it was because of the weather, then he acknowledged it was because the airports and plane travel is going to be difficult even though the manchester airport itself seldom closes. and the battle between cruz and rubio has been somewhat escalated here in new hampshire with a whole back and forth about whether or not marco rubio is taking an adequate number of questions, whether he's spending the necessary time with voters to retail politic. as molly was describing, what that really is, is exhausting the crowd with answering your questions and taking the kind of impromptu confrontations that come from new hampshire voters that reveal something that's not part of their rehearsed stump speech, something they haven't been doing over and over and over again.

we saw a lot of it earlier in the year when people were talking about the heroin epidemic and candidates talked about their own experiences with drug and addiction problems in their own family. ted cruz talked about yesterday how he lost his sister to drug problems who od'd a number of years ago. those are the human sides that complement the political battle where they use policy to beat each other up on character, integrity, honesty. and the snow's always a good test too, jenna. jenna: it certainly is. where is your hat, carl? i'm concerned. i mean, we need some sort of gear. what's going on? no gloves? >> reporter: no, no. you either gotta do a baseball cap -- [laughter] or no hat in new hampshire. jenna: all right. >> reporter: if you're actually from here. you'll see people with winter hats but, no. jenna: i trust you. you know the states better than anybody, carl. >> reporter: this is what presidential politics should be

like. [laughter] jenna: live in the snow, fashion and all. carl, thank you very much. from one carl to another now. jon: i believe carl cameron hails from new hampshire, so he knows. jenna: you're right. jon: and his ears are used to it. [laughter] let's bring in karl rove, former senior adviser and deputy white house chief of staff for president george w. bush, also a fox news contributor. karl, had the numbers just up on screen there, donald trump at 30% in new hampshire. do you buy it, karl? what is your prediction? >> yeah, look, i do buy it. but i would say a couple things. first of all, let's be careful about these polls. we're in an era where it's more difficult to do accurate polling, and we're also polling a primary. and a primary by its very nature is more difficult to poll. and then on top top of that, we're polling new hampshire. iowa and new hampshire in particular, there's a lot of movement at the end. nearly one out of every two voters are likely to be making

up their mind between now and election day. when people say, well, here's what my choice is, in reality in these states, think of it as a basket. they've got two or three people that they're capable of picking from. there's one they may say they're for in december or maybe january, but they still have a group of acceptable people, and they make up their minds late. you mentioned the maris poll. let's take a look at iowa and what happened there. five days before the election they had donald trump at 32, he ended up at 24. that is a decline of 25% between five days out and election day. ted cruz went from 25 to 28, and marco rubio went from 18 to 23 which is an increase of 27%. so there's a lot of shift that can be made here at the end, and we're likely to see a lot of shifting between now and the election day. jon: so do you think the polling -- well, obviously, it overestimated donald trump's actual support. is it because his supporters didn't actually get to the polls, or what was the reason there? >> i think it was a combination

of factors. he failed to have a ground game, so he didn't get the incremental, additional vote from somebody who might not otherwise turn out. he dissed the state of iowa by refusing to go to the des moines debate, and then, finally, i think that it just sort of everything caught up with him at the end in terms of his image. and, look, we might be going through the same thing again in new hampshire. take a look at the real clear politics average of all the recent polls, and you'll see they have trump in the real clear politics average a couple of points ahead of where he is in the latest maris poll, and marco rubio slightly behind where is he is. in fact, if you step back and take a look at the trends, since january 6th, chris christie's numbers have been going down in the real clear politics average. since january 25th jeb bush's have been rising. rubio seems to be moving up since the iowa caucuses. cruz, a slight tick downward

since iowa and trump down by more since iowa. so we may see rubio rising, cruz sort of slightly declining in new hampshire, trump moving down, christie moving down, jeb bush moving up, kasich staying relatively where he is. jon: and then there's been a bit of a change in tone among -- for donald trump as he campaigns in new hampshire. listen to this quote. he said i don't know if i'm going to win, but i have a good chance. this from the guy who led the polls by seven points on average in iowa and lost by three. as you pointed out, he's up by almost ten points in iowa, but there's no absolute guarantee that that's going to come to pass. he's doing smaller stops, more retail politicking there. did he learn something out of iowa? >> i think he did. he didn't on election night. on caucus night he goes out and says in a surprisingly gracious statement, you know, i lost. but then he goes on to say i'm up by 28 points in new hampshire. well, why raise the expectations?

i think it was smart for him to lower the expectations and say, you know, i hope i win, and i'm going to work everything -- work hard to do so. i think it is, however, a big mistake that he did not show up in new hampshire today. look, new hampshire is used to snow about this time of year, and they're looking at a candidate saying, really? you're a tough guy and you can't fly into the manchester or airport and slip and slide around the streets like the rest of us? i think this may be a big mistake, maybe on par with his refusal to participate in the des moines debate just hours before caucus day. jon: and real quickly on the democratic race, karl, i want to show you the numbers from a quinnipiac poll hot off the presses. hillary clinton at 44%, bernie sanders, the one-time novelty candidate, the democratic socialist at 42%? what does that say? >> well, we've had polling all over the board here. look, i think hillary clinton ultimately becomes the nominee. but we're on our path to one of two things. we're either on our path to a

narrow clinton victory or on our way to a bernie sanders substantial margin in the nbc/maris poll. we don't know what it is. my gut tells me, again, averaging all the polling together, bernie sanders has a pretty good lead. i find it hard to believe that it's all going to dwindle away before next tuesday, but this may be the last night he has such a victory for a long time because now we turn south, and he does not do well among moderate voters, moderate democrats and among non-white democrats. and the primaries in the two or three weeks ahead are full of both. jon: speaking of turning south, i like the weather where you are there in austin a lot better than where we're at and carl cameron in new hampshire. >> well, cameron's used to it. he grew up there, and he's been spending a lot of time in the primaries, so he mans up. he knows how to deal with it. jon: he is a thick-blooded new hampshire dude. karl rove, thank you.

jenna: two police officers and wounded on duty when a gunman opened fire in a stairwell. we'll have more on that in a moment. plus, the manhunt for a couple accused in a multistate crime spree comes to a deadly end. what happened when police finally caught up with them. and who do you think won the democratic debate last night? go to foxnews.com/happeningnow to join the conversation. you're here to buy a car. what would help is simply being able to recognize a fair price. truecar has pricing data on every make and model, so all you have to do is search for the car you want, there it is. now you're an expert in less than a minute. this is truecar.

jenna: right now some crime stories we're following. the manhunt for a modern-day bonnie and clyde ends in a shootout in florida. blake fitzgerald was killed and britney harper wounded. authorities linked the couple to a robbery and kidnapping spree in at least three different states. big questions on their motive. 27-year-old sean riddle arrested after his drone crashed into the 40th floor of the empire state building. he was using the drone to take pictures and lost control of it, and now he's facing charges

including reckless endangerment. police in the meantime investigating two bomb threats to a county sheriff's office in wisconsin. one caller reportedly mentioning, quote, getting justice for steven, an apparent reference to steven avery at the center of that popular netflix series "making a murderer." we'll keep you updated on that. jon: and right now investigators are searching for a motive in the shootings of two new york city police officers. they were on duty patrolling a housing complex in the bronx. a gunman opened fire on them in a stairwell before killing himself. julie banderas is here in our studio with more. >> reporter: yeah, another tragic story to report. two police officers are recovering this morning from gunshots fired by a shooter at close range who later shot himself. he turned the gun on himself later. i'll tell you about that. it happened at the melrose housing complex in the bronx last night, a dangerous part of town where drugs and violence are prevalent, and police often

put their lives on the line to fight crime. this time two officers were on what's called vertical patrol in the projects which means walking up and down the entire stairwell of a building looking for illegal activity. on the sixth floor, the officers -- who had been on the job for only two years -- were confronted by two people when one of them pulled out a gun and shot them both. 24-year-old diara cruz was shot in the stomach, her partner was grazed on the face. both rushed to a nearby hospital and are expected to be okay. but last night's shooting a painful reminder of the dangers our law enforcement face every day. >> it's another example of what our officers confront every single day, keeping us safe not only in the streets of new york city, but in the stairwells and the hallways of our public housing developmentings. >> reporter: police say the 23-year-old suspect malik chavez later fled into an apartment a floor above and told the tenant who let him in and told pals

according to a police official, quote, i just shot a policewoman, i ain't going back to jail. i'm about to die, get out of the room. he used the same gun on himself. chavez had 17 prior arrests. he was reless leased from prison in -- released from prison in 2014 for attempts robbery. after shooting an unarmed man after assigned to vertical patrol as well. that rookie cop accidentally fired his gun killing an innocent 28-year-old man. jon: just an awful story all the way around. thank you. jenna: when you think of hard drugs and heroin addiction, you probably don't think of new hampshire. but the home of the nation's first primary is also dealing with a major heroin epidemic, and geraldo rivera is here with his report on this next. >> we go to death scenes all the time where family and friends are saying that the person that died knew how much of the drug they could take, and they think

they're taking heroin, but they really have no idea what they're taking. sure, tv has evolved over the years.

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but what's next? for all binge watchers. movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. >> if we want to turn around the drug crisis, we have got to finally and permanently secure the border. the democratic party does not want to solve this problem. and as a political matter, far too many republicans don't either. that, sadly, stopping the drug traffic gets de-emphasized because their policy view instead is to open the borders to illegal immigration. jenna: senator ted cruz speaking in new hampshire about america's

drug problem, an issue that really hits very close to home in that state. new hampshire is experiencing a heroin crisis with a record number of drug-related deaths last year. this is all the more reason that geraldo rivera recently went to new hampshire to report on this major issue and why it matters, especially now. >> it is, by far, probably the scariest substance we're dealing with out there. >> enjoy, guys, thank you. >> reporter: this is the famed red arrow diner memorializeed in the program diners, drive-ins and dives. since 1932 every presidential candidate has made his way here to curry favor and to get promised votes. penny and ellen have worked here for many years. ladies, have you seen a big difference in terms of what people tell you about this heroin problem? >> i think the worst i seen was a couple weeks ago, and it was a young girl with a baby. she was in here, and she was

literally passing out at the table with the baby sitting with her. she's sitting at the table with a nine-month-old baby high on heroin falling asleep. >> and the every other day somebody's in here where somebody passed away or they od 'd, and you're p wondering, when is it going to end? jenna: just one of the stories you heard in new hampshire, geraldo. why new hampshire? why is new hampshire the place where we're seeing this epidemic really explode? >> a great question, jenna. part of it is what senator cruz was alluding, the border in terms of stopping drug, the drug traffic coming in. rebel chap poe and his tunnel and the escape? he's a billionaire, according to "forbes" magazine. how did he become a billionaire? because he was the biggest drug trafficker in the world. his sin sinaloa drug cartel sena market, a market availability, a virgin market that had never really been supplied this

particular substance before. they moved an operation nearby to northern massachusetts. they saw this market, they exploited it not only with heroin, but this synthetic feint knoll, and together they have caused havoc. there is a person overdosing fatally every single day in new hampshire, more than 800 over the last two years, 23 since the first of this year, two this week. i mean, it is the biggest issue on the minds of new hampshire voters. jenna: so many questions. you spent some time with law enforcement in the area. what is the solution? what's being done about it? >> well, it's interesting that you asked that because the answer is not arrests. you can't arrest every one of them. the local cops, the state cops, the feds from the dea like jack reilly there, the number two guy, they all say you cannot arrest your way out of this. what has to happen is, you know, it used to be in the '70s you could say, oh, that heroin

epidemic, in the '80s, the crack epidemic, oh, it's those people, it's the poor black and hispanic and the ghetto -- this is all of us. this is your neighbor. ted cruz, i mentioned, his half-sister died from an overdose. carly fiorina's daughter, jeb bush's daughter noel arrested twice getting out of rehab. chris christie's best friend in law school. this has affected every one of the candidates, almost every american. i bet all of us watching right now can say a friend, a family member or a neighbor -- jenna: and it surely does hit close to home, and it does provide this rare opportunity for some of these candidates to tell more personal stories. i'm telling you because -- curis because of your experience in new hampshire and what you've heard from the candidates, have you heard any new solutions that could be applied, and how pig of an issue do you think that will be for the primaries which is a more immediate political event we have? >> again, great questions. i think what you have here is an

understanding that live free or die is the state motto of new hampshire. rugged individualism. everybody's got to take care of themselves. it's not the state's job to be the nanny to everyone. that is the prevailing ethos in the granite state. but what this drug epidemic has done, jenna, is to let people know that you need treatment, that the state has to be involved. i interviewed a woman who carried her baby to term who was pregnant which means the unborn child was born also, born addicted to heroin. there are only seven beds in the entire state to care for pregnant substance abusers -- jenna: how is that possible? that there's only seven beds? >> because the state has said we're not in the business of social work, that's your job. jenna: i see. >> but now governor hasan and both sides of the aisle, new hampshire has one republican senator, one democratic senator, they are united.

and i think you're seeing some movement now at the national level to get programs, to get beds to, to recognize that it is a decide -- a disease. you know, i've been covering the drug war since richard nixon. a trillion dollars later, four decades later, we are not going to be able to bust all the junkies, stop all the providers. we must educate our youngsters start anything middle school or even earlier about drugs. we have to have programs, treatment facilities available, we've got to deal with it more as a disease than a law enforcement problem. jenna: an interesting question about the appropriate role of government in everyone's private lives. you have your next chapter next week, and we anxiously look forward to that. great to have you on set. thank you. jon? jon: well, forget battling each other, why these two candidates are now going after the media.

why you couldn't be healthy but one really good reason, that's our family. that's the beauty of working at gnc, we've got something for everybody. we're here for you. just ask. we make it simple. gnc. jon: now this fox news alert, fox news has learned from u.s. intelligence sources that north korea is expected to complete fueling a long-range missile this morning. it could be ready to launch as early as the day after the super bowl. a test of a ballistic missile would be seen as a dramatic escalation of north korean aggression. it should provoke retaliation by the united states. it's believed the north korean missile is designed to be able to reach u.s. shores. keep an eye on that.

♪ ♪ >> the reality is that we have a corrupt campaign finance system which separates the american people's needs and desires from what congress is doing. >> if you've got something to say, say it directly, but you will not find that i ever changed a view or a vote because of any donations that i ever received. jenna: clinton and sanders in their last debate before the new hampshire primary as bernie sanders maintains a healthy lead in the polls. one overnight poll shows hillary clinton cutting the lead nearly in half. kevin mccullough is a talk show host, chuck rocha is a fellow at the center for national policy. it's great to have you both. we did have a requirement that everybody needed a goatee to appear on the program. [laughter]

twins, i love it. chuck, let me ask you about the relationship with wall street. the relationship with wall street is something clinton is being attacked for, but it's being examined by the democratic party. why is it such an issue right now? >> because there's lots of people that have not felt an economic recovery. it's always been hoe-hanging -- low-hanging fruit because people feel disconnected. sure, they have a 401(k), but that's those guys with the money. we've always run a commercial saying it's main street, not wall street. now you see the gloves have come off, and it's on. last night was a heated debate, but we're always going to vilify somebody who's got all the money when the other folks are doing all the work. jenna: ken, what do you think about this issue? we talk about the tea party for the conservative movement, but we can't forget that occupy wall street happened during president obama's term and while clinton was secretary of state as well. unrelated, but that's a really strong movement for liberals. and i'm curious as we discuss this, is that a strong enough

movement still to really push back on the power of clinton? how big an issue do you think it'll be this time around? >> well, i've thought she's run a very clunky campaign from the beginning. here's the thing, bernie's kind of executing an obama game plan. he closed the gap in iowa by appealing to young people and by talking about wall street corruption. hillary's problem is she is trapped in an existence of the comfort of what she has had by way of her position and the old way of doing politics, but she's trying to appeal to a base that has moved away from the old democratic party. it's a much more progressive party, it's a much more let's tear down capitalism, let's do much more socialism. she's trying to appeal to one group while she's living another existence, and it's not working for her. jenna: let me play a little bit more sound from last night, chuck, because i'd like you to react to what ken -- kevin has to say. let's play that sound.

>> time and time again by innuendo, by insinuation there is this attack that he is putting forth which really comes down to, you know, anybody who ever took donations or speaking fees from any interest group has to be bought. and i just absolutely reswrect that, senator. reject that, senator. and i don't think these attacks by insinuation are worthy of you. jenna: what do you think of that defense, chuck? >> you know, it's hard when you're running in a democratic primary, trying to get democrats to vote for you in a primary, and bernie sanders is using an attack that is going to work for him. it's hard to fend it off. i think it's a different defense if you're talking about a general election. i think that the campaigns as they're looking forward know that bernie sanders has a big lead in new hampshire. she needs to build a firewall in the south and the super tuesday states.

but in a democratic primary, we've all seen these democratic races come and go. it's tough when you take those donations to have to talk about inequality, and bernie sanders has brought it up because he thinks it works. jenna: kevin, i want you to weigh in in just a second, but, chuck, is this enough to hurt her? beyond new hampshire is it enough to hurt her? [laughter] >> bernie was 50 points behind this iowa, and he caught her there, and he's 25 points up in new hampshire. something's working, whether it's this or something else. jenna: kevin, is this enough to hurt her? >> i think so. normally hillary likes to be the victim or the underdog, you know? in her senate race the guy walked across the stage and pounded on her podium. it's hard to be the underdog to a 74-year-old grandpa, and it's hard to be a person of the people when you are somebody who has used every step of your career to your advantage. marrying the husband you married, running -- picking the state you wanted to run for the

senate from, using your foundation to do quid pro quos for the state department and vice versa. i mean, she is a calculated strategist, and that's the very thing that bernie's base is literally wanting to burn down. jenna: interesting. a little bit of an opening this. it's great to have you both. don't shave -- >> absolutely. >> i think it's just code language, jenna, for a bald temple. >> that's what it it is, bald ad beautiful. [laughter] jenna: kevin and chuck, thank you very much. >> solidarity. jon: good thing we have the spectacles -- jenna: right, so we know which one is kevin. jon: presidential primary season, attacks targeting the media. ted cruz is shifting the blame toward reporters after initially apologizing to ben carson's campaign for misleading iowa caucus-goers about the possibility of the neurosurgeon dropping out of the race. ben carson also taking aim at the media on the internet saying

he would not indulge them in a, quote, mud fight with cruz. joining us now, judith miller, author and fox news contributor, also ellen rattner, bureau chief for talk radio news services and a fox news contributor. judy, we'll start with you. we brought our viewers yesterday up-to-date on the series of tweets that started all of this. chris moody from cnn saying ben carson was going to go home to florida, wasn't going to go to iowa or south -- i'm sorry, to south carolina or new hampshire immediately after the iowa results. now, ted cruz's people seemed to spin that into, oh, he's dropping out. is it media that's to blame? is it social media? where does the focus lie here, judy? >> well, jon, as you know, i have no hesitation to bash the media whenever i think we deserve it, but in this instance i just think that the charges and counter-charges are

ridiculous and much ado about nothing, a them possess in a tea party -- tempest in a tea party pot. look, there was a series of tweets. if you're a fox viewer, you've learned about it if you're not attached to the twitter-sphere. and the third said that ben carson has no plans to drop out. dana bash, talking on cnn, never said that he was going to drop out. some people drew the obvious conclusions of ben carson's going home or not going on immediately to south carolina or new hampshire as an indication that he was going to drop out. but the media actually didn't say that. did ted cruz use that to stir doubt in voters' minds? yes, he did. it's called politics 101. that is not the media's fault. jon: well, and ted cruz did apologize to the carson campaign for some misleading tweets that

came out of the cruz campaign, suggesting carson was dropping out. but might be too little too late. ellen, what do you think about it? >> my view is a little different than judy miller's, although i respect her view enormously. and that is, first of all, with the cruz campaign, look, you're running a country. you're responsible, if you're president, for what happens in your various divisions of the country. in the various secretariats. so why hasn't the cruz campaign taken a very deep look at who wrote those betweens? because it probably wasn't senator cruz. and so i think that that is where we really need to focus. why isn't he doing an investigation? why isn't he pointing at who might have written those? jon: so you're saying that cruz should be looking inside his organization and heads should roll? >> i don't know whether heads should roll, but he should certainly be doing some heavy looking. , youjon: well, it never -- >> look --

jon: judy, go ahead. >> jon, i think this is ridiculous. chris moody of cnn wrote those tweets, three of them in a row. people drew the obvious con can collusion that ben carson was pulling out which he wasn't, but here's the bottom line, did it alter the outcome of the iowa primary? probably not. ted cruz was always projected to win that primary, and and because of the evangelical support and his tremendous ground game. donald trump wanted somebody to blame. jon: so you think this is all politics as usual and not worthy of a lot of examination. >> i think the media could be held responsot in this campaign so far including the rise of donald trump. i don't think they're responsible for ted cruz's victory, although ted cruz's tactics reflect what a lot of his cohorts and colleagues think about him in the u.s. senate which is he will do anything to win.

>> he's not the most popular person. he's definitely not the most popular person. >> he's not. you're right. [laughter] >> for sure. and i think this is reflective. and where the media needs to go is to take a look at that as part of the broader picture of ted cruz. jon: ellen rattner and judy miller, we have to go. back with more "happening now" in just a moment.

jon: new details about an alleged fang member indicted last week -- gang member indicted last wreak in the deadly shooting of a mother in mississippi. hector ramirez arrived in the u.s. illegally as a teenager and has been charged with other violent crimes over the years. that raises questions about why immigration officials did not detain or deport him before the woman's death. joining us now, fred tecce, a former federal prosecutor, also brian silver, a criminal defense attorney. this case raises so many questions because, you know, we've had so many unaccompanied

minors pouring across the u.s. southern border. this was a kid who apparently came to this country before he was a teenager, as a teenager he was arrested and charged with serious crimes, and now he is charged with the murder of a mother of three, brian. what do you say to federal authorities here? >> you know, this is going to be a real uphill battle for these defense lawyers. the first thing that comes to mind when you talk about an ms-13 alleged gang member who's probably at thed up, a-- at that timed up is maybe he can trade testimony for freedom. this case is going to be in multi jurisdictions. odds are he's not going to win. if that's not a possibility, then you've got to look for the traditional lack of evidence, conflict in the evidence, anything where you can build a case. jon: fred, you served in the u.s. attorney's office in massachusetts. they've been asked to comment on this, they're not saying anything.

>> yeah, which i find troubling. i mean, this whole kind of spin that we're not going to comment because there's a pending criminal case. what bothers me about all this, jon, is the fact that this guy has a string of arrests for horrific and violent crimes, and he was never deported. i worked with the fbi, the dea, the whole alphabet soup. these people, these are professional, dedicated people who are very good at their job, and when i hear stories like this, i know it's not because the government doesn't have the ability to track and deport these people -- >> right. >> what i'm troubled by is they don't have the commitment to, and that's what has to change. jon: that table full of weapons we were just showing came out of this series of raids, brian. 56 people arrested, and hector ramirez is one of them. you could argue that the victim here would still be alive if the feds had done their job. what to you say, brian? >> well, what i'd say about that is i hate playing the speculation game. and this is something people

always bring up -- >> it's not speculation. >> -- when you have a defendant who happens to have an immigration status. the immigration status is really a separate issue. you know, we could say what if he was never born? what if he was incarcerated on other charges? doesn't matter. the issue here is does the evidence exist to prove the charges in this case, and if he's a murderer and a killer and the evidence is there, then he's got to go away, and that's what this is about. jon: fred -- >> you know what? go ahead, jon. jon: quickly. >> this is like an airplane crash. it's a lot of mistakes. a magistrate judge released this guy ror, on his own recognizance, 11 days before the murder. he should have been detained without bail and deported, i'm sorry. jon: fred and brian, we'll keep an eye on this case. >> enjoy your weekend. jenna: breaking news from the white house, the president will speak on the economy at the white house around 12:30 today. we, of course, got the jobs

numbers for the first month of the year, a little bit below expectations, and the unemployment rate did fall below 5%. but there is a question about the trend here and what our economy looks like overall, and the president will be addressing this 12:30 eastern time. we'll have that live. it's hard to find time to keep up on my shows.

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and take them anywhere. ready or not, here i come! (whispers) now hide-and-seek time can also be catch-up-on-my-shows time. here i come! can't find you anywhere! don't settle for u-verse. x1 from xfinity will change the way you experience tv. jon: well, the nation's eyes turn to the bay area on sunday night where the carolina panthers and my beloved denver broncos take the field for super bowl 50. and some brand new ads make their debut before a huge audience worldwide. claudia cowan has a sneak peek from the stadium in santa rosa, california. claudia. >> reporter: hi, jon. well, of course, a lot of people tune into the super bowl just to see the commercials, and this year many advertisers want to leave them laughing like

budweiser, always a big player here at the super bowl of ads. this year comedians amy schumer and seth rogen take a page from today's political headlines, stumping around the country in support of the bud light party. and here's a clip from hyundai featuring kevin hart as an overprotective father who loans his car to his daughter on her first date. ♪ ♪ >> you messing with the wrong daddy! >> i'm taking you home. why? >> car finder on the hyundai genesis. >> back so soon? >> here you go, sir. >> because a dad's gotta do what a dad's gotta do. >> honey, what'd you guys do tonight? >> they're likely to share those commercials that make them laugh or cry or have that special factor. not just the average commercial. >> reporter: doritos has a funny spot, an unborn baby bonding with his dad as he

munches on some chips, and here's will lemm da foe. the trend marks a change from last year where commercials were more of a downer, featuring a little boy who had died and was sad about missing his prom and other life events. people didn't like that somber tone, so humor is returning to the crown jewel of advertising platforms. every single second is like gold to these companies. price tag for a 30-second super bowl spot? $5 million. jon, that's nothing to laugh at. jon: we'll all be watching all the way to the end, we hope, looking for a good game. claudia cowan, thank you. jenna: well, new next hour of "happening now" to, from a match between two candidates to a brawl among the three, we look at a the all-out battle from new hampshire. and one person is dead after a crane crashes down in manhattan. we're live on the scene with the latest.

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>> peyton manning sighting at my house last night. >> really. >> we'll show viewers next hour "happening now." see you in an hour. >> "outnumbered" starts right now. harris: start off this hour with fox news alert. we are expecting to hear from the president now on what is making news on economy right now. we just received some numbers. we're getting information all morning long on what the economy looks like. it is kind of an interesting mix. we have we have fbn's melissa francis along for this hour. we'll get into it if we need to before the president speaks. here is the bottom line. unemployment is 4.9%. that does not reflect how many people may have given up. why does that matter? because the number of jobs created is lower than what they had anticipated. 151,000 in america. for the last reading of the last month. we'll be looking at that. the president is going to be addressing the nation about the economy and what it all means fromis