bill: einstein, he had something going on, didn't he? martha: the big brains, he had a big brain. bill: check out the brain. martha: i know. [laughter] have a good weekend, everybody. we'll see you back here on monday. ♪ ♪ jon: the republican candidates fan out across south carolina selling their conservative credentials and escalating attacks on one another, and it is getting especially nasty between donald trump and ted cruz. hello and happy friday. welcome to "happening now," i'm jon scott. heather: good morning to you, i'm in for jenna lee are -- as we look ahead to south carolina. south carolina, of course, is known for its rough and tumble politics and lately for hosting the first primary in the south with seven republican candidates stills in race, that state could play a big role in narrowing the

republican field. the south carolina gop primary is a week from tomorrow, and the democrats, well, their contest comes a week after that. let's check in with john roberts, live in greenville, south carolina, the site of the republicans' next debate. that is tomorrow night. hi, john. how are they preparing for this one? >> reporter: oh, in ways they typically do here in south carolina. heather, i know you're looking at me saying what's he still doing in new hampshire or iowa? this is snow coming down in south carolina today. it's getting rough out there, i'll tell you. there's so many balls being thrown back and forth that every candidate is going to come out with some sort of a bruise. trump going after jeb bush, bush is going after kasich, cruz going after trump in ways that he hasn't up until now. here's ted cruz from an event last night in fort mills, south carolina. >> i would suggest to everyone here don't listen to what any of the candidates say, don't listen to me, don't listen to donald trump -- really, don't listen to

donald trump. [laughter] [cheers and applause] or if you do, you may have to send your kids out of the room. >> reporter: ohio governor john kasich has tried to stay positive in his campaign, above the fray, but even he had to respond to jeb bush's attacks yesterday. you said you're not going to be a pin cushion, you're not going to be a marshmallow, but he's whacking -- >> look, how's he been doing whacking everybody? he's spent more money than anybody, i think everybody combined, and he's not even close to wing. i'm not going to get hung up on. that i'm not going down the rabbit hole. >> reporter: and then there's marco rubio. after insisting his debate moment last week was a result of preferring to attack the democrats instead of the republicans, he is now taking a blow torch to his chief opponents. listen to this. >> trump has zero foreign policy experience. negotiating a hotel deal in another country is not foreign policy experience. jeb bush has no foreign policy experience, period.

ted cruz, the only budget he's ever voted for was a budget sponsored by rand paul that bragged about cutting defense spending. ted cruz said edward snowden was a great public servant. i say edward snowden is a traitor. >> reporter: we're expecting things will be a little more genteel today here at bob jones university where four of the candidates will be reaching out to evangelical voters, but then, heather, it's all leading toward that big debate tomorrow night. everybody hoping for a similar moment that newt gingrich had back in 2012 where in two minutes he catapulted himself from the back of the pack to take south carolina. everybody wants to repeat that. heather? heather: they sure do. john roberts down there in south carolina, despite the snow. have a great day, take care. jon: hillary clinton is looking to shore up support after a big loss to bernie sanders in new hampshire. they debated last night, the last before their caucuses next saturday in nevada. arguing over their support of president obama. listen. [applause] >> the kind of criticism that we

heard from senator sanders about our president i expect from republicans, i do not expect from someone running for the democratic nomination to succeed president obama. >> that is -- [cheers and applause] oh, madam secretary, that is a low blow. i have worked with president obama for the last as a result of his efforts and the efforts of joe biden against unprecedented, i was there in the senate, unprecedented republican obstructionism. we have made enormous progress. [applause] jon: daniel henninger is deputy editorial page editor for "the wall street journal" and, boy, they were both trying to bear hug barack obama last night. >> yeah. well, i think hillary clinton has decided a couple of things. one, if voters or don't like her all that much, down south they really like president obama. the other more important thing is what bernie sanders made clear in that debate last night

is that he is a socialist, capital s, capital o and so forth. there is no way, as hillary was trying to do in the earlier debates, that she is going to get as far left of bernie sanders. left of bernie sanders is infinity. she's decided i'm going as far as barack obama. i'm a democrat of the same sort that president obama was. and i think she feels that down in south carolina and the rest of the south that's going to appeal to more voters than what bernie sanders was selling last night. jon: she actually was questioning how much some of his programs like free college for anybody who wants it, how much that would cost. that's not typically something you hear in a democratic debate. >> yeah. i think hillary, clearly, was presenting herself as the candidate who understands policy, who understands some details. nothing could have been more obvious last night. bernie sanders is running as the inspirational socialist candidate, and you know what, jon? that worked in new hampshire. he got 60% of the vote, and in all the exit polls it looked

like he had about 60% of the vote. i think what that told us is that new hampshire has turned into a democratic socialist state. i do not believe that that's going to transfer down into south carolina, alabama, mississippi and texas. they have not gone that far left yet. jon: hence, the frequent references to president obama. >> exactly. jon: because she wants to wrap herself in that mantle. >> yeah. at least she's doing that in the primaries. i can't imagine she would do that in the general election because barack obama is not that popular with the general population. but in these democratic primaries, i mean, it's kind of an irony, the democratic candidate is going to lose across the south in invest. but in these primaries -- in november. but in these primary, it matters a lot if you're allied with barack obama. jon: she didn't sound like a candidate who -- [laughter] just had her -- >> head handed to her, yeah. jon: well, basically, yeah. in new hampshire. >> she has got to show some sort of momentum. new hampshire was a big setback, and now she's got to load up everything on north carolina.

i'm going to make one of these predictions, jon. jon: oh, boy. >> i think bernie sanders is going to get his head happenedded to him down there. why? because yesterday the congressional black caucus endorsed hillary clinton. they're going into south carolina to start campaigning for hillary clinton, and i think once that urban machine gets going down there and the democratic machine among black voters, bernie sanders is not going to know what hit him. jon: well, and your predictions are often quite accurate. let's talk about the republican side of things now. you predicted a couple of months ago -- three months, i guess, really -- that the gop campaign would not end until the summer. here's what you wrote, in case you need a refresher. none of these candidates looks likely to pull away before the party's nominating convention in cleveland in july. it's hard for me to see why a round or brokering in cleveland isn't the most likely outcome. marco rubio is openly talking about the possibility, maybe the likelihood of a brokered

convention. >> yes. he and his campaign have been talking about that in the last few days. i think what is going on here is that donald trump is basically the 35% delegate candidate. in the new hampshire exit polls, that 35% number appeared across the board. so he's solid with that. jon: he's got about a third of -- >> that's right. jon: -- republican voter support. >> what that means is about 65% of republican voters do not want donald trump as their nominee, and they have the choice between these other four candidates. those four candidates are not polling down around 2 or 1%. they have solid support. i'm going to say for the sake of conversation, around 10%. all these primaries going up to march 15th are proportional, and that means if all these candidates stay in, they're going to be pulling delegates towards themselves and preventing donald trump from running away with the nomination. jon: and a state like florida where you've got a couple of favorite sons still in the

running, florida is a winner-take-all state? >> florida, i believe, is a winner-take-all state after march 15th, as is ohio which john kasich would be counting on. the thing here is, jon, to go against the brokered convention idea, i think that after south carolina and super tuesday the two candidates who are number four and five -- i'm not going to predict who that might be -- but there's going to be tremendous pressure from the republican party and from conservative commentators for them to get out and allow the number three candidate, the mainstream candidate, to compete with cruz and trump for the nomination and avoid that brokered convention. but, man, these guys have a lot of money. there's animosity between bush and rubio, and it's hard to see any of them being talked into dropping out. jon: so we could get to the convention without anybody having the 1236, is it, delegates they need. >> yeah. jon: and then all bets are off. >> go to cleveland, my hometown. can't wait to get there. jon: you predicted it three months ago.

daniel henninger from if wall street journal, thank you. >> thank you, jon. heather: taking a tougher stand against north korea, seoul and washington now be planning to begin talks on deploying a sophisticated u.s. missile defense system in south korea, this after north korea's recent nuclear test and its latest rocket launch. greg talcott is live from london with more. greg, the irony is that under president obama we nixed that idea in europe, and now we're talking about doing it in asia. >> reporter: that is one of the measures being discussed right now, heather, as a reaction to north korea's suspect action to ratchet up politically, militarily and strategically, diplomatically as well. today we saw in munich secretary of state kerry meeting with the foreign minister of south korea, also following that a meeting with the chinese foreign minister. china says it is in favor of a new u.n. security council resolution against north korea. the exact content, however, is yet to be decided.

beijing is not too pleased, however, about a plan by the u.s. to install a very sophisticated anti-missile defense system in south korea. talks about that could be starting next week with south korea. china and russia are concerns that the missiles or at least the radar will end up targeting them and not north korea. this as seoul continues to play hardball with that now-halted joint venture with the north, shutting down the utilities to that industrial complex. the project was a very important money spinner for pyongyang. all of this, of course, triggered by last weekend's launch of that rocket enseen by many as simply a cover for intercontinental ballistic missile test by north korea and its leader, kim jong un, as well as a nuclear test last month. in response to all that, the house at this very moment is now debating a sanctions bill which was already okayed by the senate. a vote is expected in just a little bit more than an hour.

the vote is expected to go overwhelmingly in favor, and president obama is expected to sign this bill, a rare show of bipartisan unity. back to you. [laughter] heather: that's for sure. greg that'll cot, thanks a lot, from london today. jon: our justice department wants to prosecute "el chapo," but u.s. officials are not sure where to try him if he is extradited. the drug kingpin charged in six u.s. jurisdictions, but possible trial locations might be narrowing down to just two. we'll tell you about that. plus, big parts of the u.s. will be feeling the deep freeze this weekend. bitterly cold temperatures in the forecast. also, we want to hear from you. who do you think will win the gop debate in south carolina tomorrow night? our live chat is up and running. go to foxnews.com/happeningnow and get your thoughts into the conversation. [woodworker] i live in the fine details.

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heather: quarter past the hour, and a look at some crime stories we are following today. police arresting an upstate new york man for the murder of his wife, but they don't believe he

acted alone. charged with second-degree murder after his wife sally was found dead in their apartment on wednesday. now police are searching for a possible accomplice. the dea and the justice department are trying to decide where "el chapo" would be prosecuted if he's extradited to the united states. new york and chicago, the most likely choices. the cartel leader, who escaped from prison twice, is now in a maximum security facility in mexico. a phoenix woman locked up, accused of biting her ex-boyfriend's ear off after he broke up with her. the woman has a history of domestic violence. she's now been charged with aggravated assault. jon: well, this weekend's forecast contains freezing rain and falling temperatures for the midwest and great lakes. today the coldest air mass of the season will move across the midwest bringing temperatures 20-35 degrees below average. a wintry mix of snow and ice will follow.

meteorologist maria molina joins us from the fox extreme weather center with more on that. mafia. >> reporter: hi, jon. it's finally feeling like winter, right? anywhere from parts of midwest into the northeast, we have cold air in place, and it's about to get a lot colder for many of us across those regions. i want to point out where we have some snow right now, because we do have snow coming down across areas in the southeast, across parts of south carolina and north carolina, and we could be seeing a couple of inches of accumulation out there across eastern north carolina. that will be something to watch out for, i'm sure. some southerners are very excited about the snow coming down. meanwhile, across the great lakes, the snow belt's getting more snow, and potentially more than a foot off lake ontario across eastern areas out there. meanwhile, the cold air in place across canada. take a look at some of these current wind chill temperatures, -53 degrees is what it feels like in some parts, and a lot of this cold air will continue to spill southward across the

midwest and southeast. new england, you're also going to be very cold coming up out here, and temperatures are going to stay below freezing as far south as parts of the carolinas and even georgia and alabama. this will be an expansive arctic blast, but it quickly retreats. by monday, we're going to be seeing a rebound in those temperatures, so it's just for this upcoming weekend where we're going to be seeing that arctic blast. your forecast, low temperatures by saturday morning. new york city, you'll be in the teens, much colder westward. in buffalo it could be 30 degrees, 5 in detroit -- 0 degrees and 5 in detroit. by sunday morning single digit temperatures forecast in new york city and philadelphia, and in boston you could actually be below zero during the morning hours. now, we mentioned it's going to be a brief shot of arctic air. eventually, by monday, many areas are going to be looking at temperatures closer to average, above average in minneapolis, and eventually a storm system will develop as well as we head into early next week and late on

sunday, and it could be bringing in a wintry mix of precipitation again across the carolinas and also into parts of tennessee. eventually the system also bringing in some rain and winterwet across -- winter weather across the northeast. jon: get the parka out this weekend in the northeast. maria, thank you. heather: snow for valentine's day. jon: there you go. heather: that's one way of looking at it. just a little under a week until the green flag drops on the daytona 500. it's kicking off a new nascar season. why two of the sport's biggest names won't be on the track this year. plus, two democrats running for president go at it one more time before nevada voters gather to caucus. are reporters giving hillary clinton a fair shake? are they asking the tough questions that they should? are they giving sanders is a fair shake for that matter? we'll talk about that when we come back. what makes this simple salad the best simple salad ever?

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heather: two of nascar's biggest stars won't be behind the wheel when the green flag drops on the new season later this month. jeff gordon retiring to the broadcast booth for fox sports, at least he's going to be with our home team. gordon winning the championship four times in more than 20 years of racing. also sitting out the beginning of the season is three-time champ tony stewart. he'll be stuck in bed after crashing an atv and then fracturing a vertebra. the nascar season starts with the super bowl of racing, the daytona 500. that is a week from sunday. the speedway opens today for prerace activities with kyle busch defending husband title. -- his title. jon? jon: reporters and political analysts are picking apart the democratic debate this morning after bernie sanders and hillary clinton went toe otto in the final debate before the nevada caucuses.

mrs. clinton went on the attack calling sanders' plans unrealistic, and the two argued over their support of president obama. so how are the media doing in covering the candidates? here's our media panel for today. judy miller is a pulitzer prize-winning investigative reporter, ellen rattner, bureau chief for talk media news and a fox news contributor. so what about it? what about the questions, what about the tone of the debate and especially how the two candidates went at each other? >> well, i can understand why hillary clinton really had a lot at stake in this debate, because when you lose by 22 points even in a guy's home turf or home region, you're in trouble. she lost every single category except older people over 65. so she had to recoup. she had to come back with both a vision and the pragmatism that she thinks is going to propel her to the nomination. i think the press pretty much got it. i mean, it is that standard story the poet versus the

pragmatist, the dreamer versus the doer. i think the fact that 75% of reporters identify themselves as liberal or very liberal means that there's a lot of interest in this race, and were it not for the extraordinary dynamics and the kind of explosive quality of the republican race, they would be spending even more time on bernie sanders v. hillary clinton. jon: but a lot of the discussion and questions focused on foreign affairs. isn't that kind of naturally a layup for hillary clinton? >> really, half the debate was on foreign affairs, the other half was on domestic issues. i thought the press actually covered it fairly, and they used large quotes, etc. what the press didn't do, i thought, was compare the tenor of the debate to the republican debate, and they -- it was like the republicans weren't even on the table. >> but, you know, elle listen, they -- ellen, they didn't even mention the e-mail scandal, benghazi, they didn't mention the fact that the story was breaking just as they were on

the air which was that the clinton foundation records are now being subpoenaed. this is a big deal. >> well, they had been subpoenaed a while ago, but it had just come out. that's right. >> and you understand why bernie sanders might not want to mention that, but what about the moderators? where were they? jon: yeah. because there are three official investigations of this e-mail situation -- >> exactly. jon: -- the state department, the fbi and also, i guess, the state department investigation of the server itself and, you know, the secrecy issues. there are three official investigations involving hillary clinton right now. >> not to mention all of her aides, the fact that huma abedin was right there the whole time, now she's under scrutiny. she had not one, not two, but three jobs that were connected to clinton -- >> and they were all paid for at the same time. >> amazing. >> the question is, is that even if they didn't bring up the scandals, they should have asked what about your staff. and that would have been a useful question to ask. >> that's right. and they didn't. jon: what about the coverage of the democratic debate versus

coverage of the republican side of things? i mean, are the media being fair in comparing one party to the other? >> look, i think they are being fair in that at the moment these are intramural volleyball games. i mean, this is the republicans going after one another and bernie sanders going after hillary clinton and vice versa. that is the story. i don't think -- i think we're going to have quite a lot of the republicans versus democrats once we get there. but at this point i can't remember a race where it's so unclear who's going to, who's going to emerge on either side. jon: let's turn our attention to something that gawker broke this week regarding access to the white house and how you shape stories. this is actually going back to 2009 when hillary clinton was secretary of state. gawker wanted to do a piece about her.

phillip raines who is a hillary clinton surrogate or was her surrogate, this is how eric wimping wrote about it in "the washington post," because it's a good summation of what gawker broke. the back and forth confirms anyone's worst suspicions about access journalism. the transaction went like this: m. binder asks for a copy of the speech, he's a reporter who wants to cover, who wants a copy of hillary clinton's speech. phillip raines says he'll send it this with connection. okay, he lays out the conditions. one, you in your own voice describe them asmus collar. you note that the envoys from holbrook to mitchell to ross will be arrayed in front of you which in your own clever way you can say certainly not a coincidence and meant to convey something. you don't say you were blackmailed. m. binder writes, got it, and essentially that's the piece he ended up writing.

>> listen, i've been covering the white house for 22 and a half years, and i say if you want to coffer the white house, don't go to the white house. [laughter] there's always a trade-off in terms of access. i can't remember whether it was under bush, it may have been this administration, i don't remember. one person said to me in the press office, well, if you ask us questions and tell us ahead of time what we're going to ask, we can do the research for you. [laughter] >> this was really an outrageous example of the kind of back and forth and trading that goes on routinely not just at the white house, at the state department, at the pentagon, at every other agency. but i think this was so egregious and so blatant. and, in fact, the reporter complied completely with every single -- >> shocking. it's shocking. >> -- demand that was made. and afterwards the only thing i can say in this reporter's defense is that when he was finally caught at this, he said my bad, i'm sorry, shouldn't have done it, won't happen again. jon: yeah.

mark ambinder writing for the atlantic, and lo and behold, he did describe hillary clinton's muscular address on foreign policy where it was no accident that the lesser diplomats were arrayed in front -- >> i'd like to see some of the press organizations, i'm sure you would as well, come out and say this is unacceptable, and it is against journalistic ethics. jon: but why -- [laughter] i mean, i guess the white house and the state department continue to push this kind of line because it works in some circumstances. >> it works. and every administration does it. and the fact that this was such an egregious example of it, it was caught, is the exception. jon: all right. judy miller, ellen rattner -- doctor thank you. >> jon: thank you, both. heather. heather: boy, that is something else. there is a massive natural gas leak that has now been temporarily capped, and the question we're asking, will a permanent solution finally be found? and the on again/off again battle between donald trump and

ted cruz, that thing is back on countries again, and it is getting ugly today. their latest attacks ahead of tomorrow's republican debate. on the floor! everybody down! nobody move! on the floor!

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this leak has had a major impact on both homeowners and businesses all across the area, and this morning residents tell us that what happened yesterday is welcome news, but they're not exactly celebrating this morning. that's because the well that's producing this leak has not been permanently sealed yet. in fact, what happened yesterday is really only the fist step. the -- first step. the southern california gas company trying to inject cement to perm in a minutely seal the leak. the leak started in october. in january the governor declared a state of emergency. along the way residents have had headaches, nosebleeds, disneyness, and many have had to move. >> this is great news initially. we're very happy we're not breathing fumes anymore, but there's still more work to do. >> they quit selling houses in our neighborhood. the construction around our neighborhood stopped because nobody was buying the houses,

which means the property values dropped. i'm very concerned about that. >> reporter: so concerns not only about health, but also about property values at the same time. the southern california gas company is the subject of ongoing criminal investigations and civil lawsuits, and i asked one resident this morning what it would take for the gas company to make him feel whole again. he shook his head, jon, and told me at this point he really doesn't know. jon: good thing they have it capped at least for now. let's hope it holds. will carr, thank you. >> reporter: absolutely. heather: so scary, isn't it? well, let's talk some politics as the republican candidates shift their focus to south carolina. the gloves are really coming off. the battle between senator ted cruz and donald trump getting particularly nasty right now. both candidates releasing attack ads against each other in the palmetto state with one week until the primary. will things just keep getting worse between the two and the others as well? joining us mow, kevin mccullough and brian joyce, radio host of the brian joyce show. good morning to you both.

want to ask you about that, the most recent ted cruz poll -- or, rather, his ad. let's take a quick look at that and get your reaction on the other side. >> her home was all she had left, but it stood in donald trump's way, and the limousine parking lot he wanted for his casino. to him, she was a nobody. so trump schemed with atlantic city government to force her from her home using eminent domain. public power, private gain. >> i offered her a lot of money out of this, a little thing called heart. >> he doesn't have no heart. heather: all right, there you go, kevin. let me get your reaction to that, hitting donald trump on the issue of eminent domain, something conservatives do not like at all, something that donald trump supports because of his, you know, work as a real estate developer. kevin, does that issue matter to south carolina voters? >> i think the issue of constitutionality matters to all the voters, and i think in south carolina they're going to start looking at the candidates for the first time now. and cruz's strategy is the right one.

he did not criticize trump in iowa, he did not criticize heym in new hampshire. this is the place where the criticism has to be leveled, and he's going to do it from the right which is the right side to do it on. trump is vulnerable. he's had a lot of kind of conservative mouthpieces that have come to his aid, but they're not -- he's not speaking the language himself. and so he's vulnerable on a lot of these things that he's got a mixed record on. heather: okay, but let's take a look at the average of polls. real clear politics, let's put that up on the screen if we could, please. trump at 37, cruz at 20, rubio 14, and bush coming in at 9. brian, do you think that donald trump is vulnerable in south carolina? >> i think he actually is vulnerable, and i've seen the polls, and i know that they indicate he's well ahead in the polls, but i do think when these primaries move back down south to states like south carolina, i think you're going to see a lot of the evangelical vote coming out for ted cruz. i don't think voters in states like that regardless of what the

polls say, i'm not so sure they really warm up to donald trump and his whole big, bombastic, northeast attitude. and so i do think when they go down to south carolina, regardless of what the polls are saying right now, i think you might see a strong showing once again from candidates like marco rubio or ted cruz. heather: you know, kevin, there's a theory that maybe this year voters don't care as much about the issues they normally would, those supporting donald trump are doing it more out of a sense of a protest vote. they don't like the way washington is being run and don't want typical politicians. so maybe do issues not matter this year, kevin? >> i think that's a legitimate criticism, and i think a lot of people that would support trump would say that. here's the problem with it: trump is not the anti-establishment vote to cast, he's the only omni-establishment. he's paid off every politician of all sides of issues so that he could get his way on things like eminent domain -- heather: and he himself will

admit that. hey, i'll negotiate with people, and ted cruz has hit him on that particular issue. is that a big deal, do you see that, brian, that he's worked with both sides? >> i think it is a big deal, and i think kevin is on to something here. donald trump, he has not given us a lot of details when it comes to his policies, and when he does give us details, he sounds an awful lot like a liberal democrat. and whether it be eminent doe -- domain, pro-choice stances in the past, big banks, big business, if you didn't know any better, he would sound like a clinton democrat which is great for democrats, but i don't know if it's going to play well in a gop primary in south carolina. i think that could come back to haunt him, and i think kevin's right. i think ted cruz is going to be the guy who really hits him hard on those past positions that he's taken. >> and it's the right heather: and it just might work well there. >> absolutely. heather: he is way ahead in the polls, so we'll be -- >> heather, those polls were all averaged before iowa took place,

so there's been no new polling since iowa. i'm not sure those numbers are going to hold up the next time we see one. heather: good to point out. thanks so much. jon? jon: as the zika virus spreads in south and central america, scientists are racing to develop a vaccine to prevent it. when health experts say the first tests of a zika vaccine actually could happen. also, a suspect tries to bleed guilty to beheading his coto worker, but a judge refuses to allow the plea. the legal panel is in to discuss what happens next for the man accused in a vicious murder. ♪ this is the night... ♪ the night for love. ♪ woah oh oh... ♪ mmmm... come on... ♪ be mine...

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jon: there's new information concerning the zika virus. the world health organization said it could learn in weeks whether it's linked to a serious condition affecting newborn or unborn babies.

the condition microcephaly causes babies to be born with smaller than normal heads and impacts brain development. zika is usually spread by mosquitoes, but experts are examining other possible means of infection. the who says a zika vaccine for clinical trials is still at least 18 months away. heather: an oklahoma judge rejects a guilty plea from a man charged with beheading his coworker. the judge saying that she would not accept a plea from nolan yesterday because the attorneys and the d.a. had not reached a deal. she entered a not guilty plea for him. nolan is accused of attacking two coworkers at an oklahoma good processing plant back in 2014. -- food processing plant back in 2014. authorities say he beheaded one woman and then stabbed another before a company executive was able to shoot him. fred tee cease joining me now and arthur aidala, criminal

defense attorney and fox news legal analyst. all right, gentlemen, alta nolan, the guy who committed this crime, said he wants to plead guilty to first-committee murder, but -- first-degree murder, but the judge refused that. can you explain why, fred? >> well, the judge was refusing because the government and the defendant hadn't reached a deal, so the guy was basically pleading open. in the indictment he still faces the death penalty. so i think what the judge was doing was saying go back, talk to your lawyers. understand that by entering this plea of guilty, you are still facing the death penalty, and she wanted to make sure that was done kind of knowingly, voluntarily and with proper advice of counsel which i think was the right move. heather: okay. this guy has been found competent. >> that was the the issue i was going to bring up -- heather: so he knows exactly -- >> well, okay. just because he's been found competent to stand trial doesn't mean he knows exactly what he's doing. it means he's competent enough

to assist counsel if case goes to trial, but anybody who runs into a courtroom and says, hi, i'm guilty -- >> why? >> you question -- heather: here's the wrinkle that will be an important fact for our viewers. he has said he is not interested in a lesser penalty because, quote, as a muslim, we are not afraid to die. this was a jihadist. he wants to die. he wants to become a martyr. how does the judge, fred, handle that issue? >> we had the same issue in the bombing case in boston. these people say they want to die for their cause, and then they look to the government to say i need your help to do it. the problem is, and i think arthur and i were this earlier and he's right, the problem is our job is to follow our laws and stick to the way we do things irrespective of what these people want to do. so if he's guilty -- and, quite frankly, i think he is guilty, and why it's taken two years to bring the guy to justice is a whole other issue -- but we need to follow the law, we need to try this guy and, quite frankly, get him properly sentenced --

>> you don't get the luxury of choosing your personality. >> correct. exactly. >> i'm going to tell you how to punish me, yo u.n.? the death penalty may be too good for this person. maybe we put him in a cell that's 5x5 for the rest of his life -- heather: don't give this guy what he wants. >> right. heather: i wonder if the criminal justice system with cases like these, cases of terrorism -- it's clearly that -- if the justice system needs to catch up with the realities of the new world that we are facing. >> no. the justice system should not do that. >> exactly. >> the justice system should follow the united states constitution by jefferson and washington and franklin and -- heather: but they understand there will be people who do want to die, as this guy -- [inaudible conversations] >> but they want to die to change our system. heather: the premise has been all along that people want to live. >> guess what, if they want to die and we have the death penalty and we committed a crime, we should be all too happy, i'm sorry, to help them. those are the laws in our country. you chop a woman's head off and you face the death penalty, i don't care if it's what you want or don't want.

a lot of times the death penalty is society's outrage at the crime. society demands that that be the penalty, and that's what they deserve. >> due process must be followed. >> correct. >> we do not let terrorists change the way we do business here because then they've won. >> correct. >> then they have won. if they're changing thomas jefferson's words, then they have triumphed, and that we will not allow them to do. heather: and, fred, you point out the judge is being very diligent and very cautious here that that person truly does know what he's getting himself into. >> right. if this guy ultimately gets the death penalty, you want that penalty to be upheld, and you want it to be imposed. heather: and stick. and this was a horrific crime. >> horrible crime. heather: he went after all of these people, terrorized them in norman, oklahoma. >> one of the executives had a firearm and stopped him, or else there would have been a hot more bloodshed. heather: i know, that was an awful case. have a good weekend and a good valentine's day. >> will you be my valentine? because i don't have one. [laughter]

heather: hugs and kisses the you. can you beat that, jon? no? come on, jon. jon: this story is not that appealing. it's about, well, shall we say, peeing in public. an idea to cut down on it is now sparking outrage from one community. get a load of this. at safelite, we know how busy your life can be. oh no this mom didn't have time to worry about a cracked windshield. so she scheduled at safelite.com and with safelite's exclusive "on my way text" she knew exactly when i'd be there. hi, steve with safelite. thanks for your text! i replaced her windshield... and she didn't miss a single shot giving you more time for what matters most. how'd ya do? we won! nice! that' another safelite advantage. thank you so much! (team sing) ♪safelite repair, safelite replace.♪

♪ ♪ jon: let's check out what's ahead on "outnumbered" at the top of the hour. harris: happy friday, first of all. target trump. as the gop candidates gear up for tomorrow's big south carolina debate, has jeb bush found his stride as the anti-donald? plus, a chilling new warning from the cia director on the isis savages. and chemical weapons. could the terror army brung them here? bring them here?

and ever blocked or de-friended somebody over their political views? you're not alone. how 2016 could impact your social life. goodness gracious. all that plus our #oneluckyguy who's sitting right here, but you don't know yet, but it's good. "outnumbered" at the top of the hour. jon: always a surprise. heather: not you is it, jon? you're going to be back at 1:00? a very popular city park is home to a very public potty. san francisco's dolores park features an open air urinal to cut down on a problem with public urination. really? one group is threatening a lawsuit over this. claudia cowan is live with the details -- are you standing right next to that urinal? >> reporter: we think it's the first in the nation, heather, that's right. it's an open-air bathroom that some say is city sponsorship of public urination. >> my first reaction was shock. i thought it was a joke. >> reporter: some people can't believe their eyes, their nose --

>> it's disgusting. it's disgusting! >> reporter: -- or their ears when they hear san francisco spent $15,000 on this concrete youral, basically a drain with a partial screen and not much else near trains, kids and residents like patrick sullivan. >> there's no hiding or anything where i'm standing. >> reporter: -- who's documenting us use in photos like this. >> there were so many people using it last saturday that the urine was dripping over to where people were getting on and off the train. >> reporter: the park, on a sunny weekend, can see thousands of visitors with very few toilets. a parks and rec spokeswoman said the journal is, quote -- urinal is, quote, an alternative to peeing in bushes and in people's yards which was all too common at the old delores park. maybe so, but people say it poses a health hazard and discriminates against women and the disabled. >> this doesn't solve the problem, it's irresponsible, it's illegal.

the city has to change its position or face the legal consequencings. >> reporter: the pacific justice institute has threatened to sue if the urinal isn't, well, eliminated. in response, the city attorney's office would only say it intends to give their legal theories all the consideration they deserve. translation? the very public potty is staying put. at least for now. now, as you can see a couple of vines have been planted here around the screen which should provide a bit more privacy eventually. heather? heather: oh, my god. this is so wrong on so many levels. i'm the mom of a boy, they love to go to the bathroom outside, but really? at a public park? everybody can see, including children, and then women have a problem with it because they want their own? all right, i'm trying to make sure i can get my head around it. >> reporter: a lot of reasons. jon: would it be so tough to build a regular bathroom? heather: build a bathroom! jon: only in san francisco.

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>> haven't scared you off, right? >> you're cracking me up. we're having a good time here. >> see you back here in an hour. >> "outnumbered" the starts right now. come back. ♪ harris: welcome on a fine friday. this "outnumbered." here today, andrea tantaros. democratic strategist, fox news contributor julie roginsky. former member of the george w. bush and obama administration, gillian turner. our #oneluckyguy, veteran trial attorney, absolutely he does. fox news legal analyst, peter johnson, jr. i love the fact he likes to be in on his own intro. >> i love it. harris: no. >> thank you so much. harris: great day. we're going into south carolina