>> martha: have a great night. happening now starts right now. >> jon: president obama saying the pentagon will submit a plan to congress today to close the detention center at guantanamo bay cuba, a promise he made when he first ran for president eight years ago. welcome to happening now. i'm syed farook jon scott. >> jenna: the president says the detention center undermines us national security as well as our values and the closing it will close the chapter in our history. so far, progress hasn't gone along with the president on his idea to close gitmo and lawmakers are already reacting. we have some of that for you. 90 one prisoners left at the base. about half considered too dangerous to release sothe question for the administration

, what to do with them? doug mcculley with the pentagon with more. >> the pentagon within the past hour released the official plan. it does not endorse any specific facility but it does consider 13 different locations to house gitmo detainees including seven existing prison facilities. to fort leavenworth kansas locations, also the naval brig in charleston south carolina and four different places in colorado including the medium and super max prison. just a short time ago, the president defended his decision to try to close guantanamo bay. >> keeping this facility open is contrary to our values. it undermines our standing in the world. it is viewed as a stain on our broader record of upholding the highest standards of rule of law. >> reporter: the decision is meeting with stiff gop resistance. jerry moran said this morning that the president to move goes down as at all unlawful pack to

close the facility is a reckless decision, especially after numerous department of defense officials and his own attorney general confirmed it is against the law. also, this week from senator tim scott of south carolina. the pentagon, excuse me the president speaking this morning on moving guantanamo terrace to domestic locations. illegal, reckless, unsafe, need i go on to pat robertson to. i remain omitted to stopping potus from moving a single detainee to the us and will use all legislative tools at my disposal to do so. even democratic senator mike of them colorado facing reelection battle and who voted to close guantanamo says the detainees should not be transferred to colorado. the outgoing head of the southern command, marine general john kelly who by the way lost a son in afghanistan said this in january about

these remaining prisoners at guantanamo. listen up. >> they are all bad boys. some of them were more effective at being bad boys and others. >> reporter: the president cited several cases where very dangerous terrorists were convicted in us federal court. to bolster his case that guantanamo baby closed. he also said it will save hundreds of millions not of dollars on the next three five years, arguments that are not likely to sway or block this tremendous wave of opposition which is surfacing today in congress. >> jenna: we will be watching it done. we will be back to the pentagon, in the meantime just as the president announced plans toclose the detention center at guantanamo bay , a detainee is arrested at a new terror case overseas. spanish and moroccan police

taking into custody that suspect as well as three other members of the jihad sell. investigators say they were trying to recruit fighters for the islamic state. the suspects also reportedly set up contacts to get weapons and bomb making materials with investigators saying the men were aiming to quote, carry out terrorist acts in spanish territory new targets were mentioned but the timing is unknown . >> jon: fox is american news headquarters and caucuses in nevada get underway at 5 pm local time, 8 pm eastern. donald trump goes into nevada asking in back-to-back victories in new hampshire and south carolina but the caucuses are notoriously unpredictable. meanwhile marco rubio and ted cruz are fighting for second place. rubio picking up about a dozen new endorsements after jeb bush dropped out while cruise tries to recover from allegations of dirty tricks donning his campaign. senior political correspondent mike emanuel is live from los angeles with more. >> reporter: with typically like participation and unreliable polling nobody's

sure how nevada is going to work out for the republican candidate.front-runner donald trump continues taking aim at his rival, senator ted cruz. >> these are the most dishonest people i've ever dealt with. politicians. i don't with them all my life so i'm not surprised. it's not like i'm shaken up but this guy cruise lies more than any human being i'veever dealt with . unbelievable. and he holds up the bible and he lives. >> reporter: florida senator marco rubio has ties to nevada, spent six years of his childhood here. he told me he feels good about hischances here and continues emphasizing that he is the most electable candidate in november. meanwhile, texassenator ted cruz, we're in front of his

headquarters. he had a rough day yesterday firing his communications director and cruise continues mocking a familiar trump slogan . >> it's easy by the way to say you want to make america great. you caneven print that on a baseball cap . but the question to ask is , do you understand the principles that made america great in the first place? >> reporter: 30 delegates at stake here in nevada so for donald trump , a chance to continue rolling. for the other candidates it may be a chance to change momentum. john? >> jon: mike, thank you . >> jenna: knew in the mix, shake up and take cruises campaign. the center firing his spokesmen after he shared a doctored facebook video that seemed to show marco rubio dissing the bible in some aspect. itwasn't true. it's not the first time the cruise campaign has been accused of dirty tricks and charles krauthammer says the damage may already be done . >> i think actually he highlightedthe issue . you fire a guy, it's the main news story. the lead story and i think it keeps of course trump and rubio

an opportunity to pile on with those rather rough tweets . i'm not sure he secured this problem at all. >> jenna: alex,, a political reporter at the daily caller. what do you think of cruises actions? did it work for or against him? >> i agree with charles that it highlighted the whole thing. i remember when the news broke that he had fired rick tyler as communications director, some people in our newsroom saying what did rick tyler do? now everybody knows what he did and we are talking about it on tv. i doubt we would be talking about this video that came

i really solid margin. these are the voters that we are going to drive ted cruz to the nomination. and if he can't win them in south carolina where 72 percent of the primary voters self identify as born-again christian or evangelical on saturday night, where is he going to win them and how is he going to block trump? trump had what we thought were other liabilities with evangelicals but the planned parenthood thing, ted cruz thought was his ace in the hole and it turned the other way.

what is his path going forward? obviously rubio islooking at other voters but i think trump is sweeping up evangelical voters from cruise blocks the path for him now . >> jenna: it brings up it interesting question about the strategy from cruise and rubio because cruise making this movement, firing his spokesmen is one thing but going for the jugular against donald trump is another one. that has been written quite extensively that no campaign is willing to go directly after donald trump. why is that? >> that's a good question and it makes obvious sense why marco rubio is going after time cruise and this issue because cruise makes the whole trust ted. that's his slogan that you can trust me. i'm the honest conservative here. you don't know about donald trump and these are the guys that you can trust me and that's why these attacks are so damaging. obviously rubio is going after

cruise becausethey both want to be the alternative. cruz has gone after trump a little bit but i think these two guys, rubio and cruz, they see each other as the biggest hindrance to them getting to go one-on-one with trump . >> jenna: cruz argues that he won in iowa but again, when you look ahead at the pack which is tonight but moving had to super tuesday, why isn't the focus on donald trump instead of rubio and cruise nibbling around the edges a little bit? >> they really are going to drag this out. cruises ahead of donald trump in texas as of today in polling and if you were to win there and get delegates that would be a boost for cruise and a good surprise. if not, if donald trump takes texas than cruises going to have to look at packing things up. if you look at where that path is, what specific voters he will win from trump, rubio obviously has a different challenge in that he doesn't really have a state that he's on it and he doesn't have a state that he's going to win in and his campaign is has

acknowledged that if they lose to trump in florida, they can't come back from that. >> jenna: the washington post reported that at a rally for marco rubio, a 28-year-old held up a sign that side that anyone but trump which is different than saying i'm for marco rubio. anyone but trump is a different message. quickly before i let you go, quick message from both of you. what's at stake in nevada tonight? >> i think most people think donald trump is going to win. there's not a whole lot of polling, it's kind of unpredictable donald trump likely to winthe big race for number two, cruise and rubio obviously . if that's the case we will see one of them try to argue if they are the real winner but i don't know how long marco rubio can do that . >> we are looking at nevada i think cruz would like to come in first and i think rubio would like to do better than cruise . i think trump is going to win it. >> jenna: if you are the trump campaign, you're also excited to be staying at a trump hotel.

amy, alex, great to have you both. clearly all eyes will be on nevada where republicans will caucus later today and we have focal coverage today at the fox news channel. we're not going to sleep either. we are america's election headquarters. >> jon: we are in the city that never sleeps. mystery surrounds the death of a young woman whose body was found in a laundry chute at a las vegas hotel. what authorities are saying about this mysterious case. another tech giant weighs in on the battle between apple and the fbi. microsoftfounder bill gates is siding with . it might surprise you and we want to hear from you.do you think we should close the prison facility at guantanamo bay? are like is running. go to foxnews.com and join the conversation.

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>> jon: police just identify the woman found dead at the base of a laundry chute in a las vegas hotel as a 26-year-old legal assistant named halley medina brown. investigators not sure if her death was the result of foul play or a freak accident. the homicide detectives are on the case. a gruesome scene in phoenix where a gunman opened fire on a family before their home went up in flames. four people are dead including that done in. two others, one a child, suffered life-threatening injuries and there are reports the gunman was related to the victims. a person of interest nowunder arrest in the death of a missing san jose woman but police are not yet releasing his name . stacy aguiar disappeared after leaving a party last week. her body was found on saturday. >> jenna: new information now on the battle between the feds and apple over a lot iphone use my one of the san bernardino terrace. bill gates breaking with silicon valley saying this is a one-time event and apple should help the feds access the data

on that phone. that was the headline today. now bill gates is saying something perhaps different and we are following the story live in las vegas with an update. >> reporter: he doesn't agree with the headline saying he's back in the feds but what he is saying today's interview mimics what he said in the financial times article that came out today and those views are really not in line with many in silicon valley and for that matter, we are surprised people within the industry and even some investing in the case were surprised. the article that came out today, gates seems to support a court order requiring apple to help the fbi access work phone belonging to syed farook. comparing the fbi request to accessing vacant telephone records. however, he added the government must be subject to rules about when they can access such information. the san bernardino county issued phone was used by syed farook who killed 14 people at that holiday office party in december back in san bernardino

before they died in a gun baice. the government said they had been at least partly inspired by isis or al qaeda and a lot of investigators believe that phone may have information connecting them to it. based on the interview with bloomberg, he said he was surprised by the headline in the financial times but it doesn't change his tune about what happened. >> i do believe that with the right safeguards there are cases where the government on our behalf like stopping terrorism which could get worse in the future, that that is valuable. >> reporter: again, that's a different tune and you heard from other leaders in silicon valley. the court of public opinion continues to weigh in. while there are some polls showing the government slightly might support the government, there are rallies planned apple stores across the country including here in santa monica to support the company's

refusal to help the fbi access this terrorist cell phone. you can see some of the notes left at previous ones. some of the investigators in this case were surprised at bill gates coming out. they were thankful he did. they believe obviously the phone should be accessed and that apple should help so it will be interesting to see how this plays out but the gates information from the times article and bluebird interview seem to be exactly the same. jenna? >> jenna: we will see a lot of headlines through the day on this and beyond. thank you very much. >> jon: the robots are coming for your job if you make a certain amount of money. that's what a new government report finds so what's the likelihood of your job becoming automated? we will get into that. plus the us and russia coming to terms on a cease-fire in syria. but will it hold and does one side hold the advantage?

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>> jenna: if you make $20 or less there's a good chance a robot will eventually take your job. at the conclusion of the white house economic report. it finds an 83 percent chance that automation will take a jo that pays below that level . if you make between 20 and $40 per hour, there's a 30 percent chance and a four percent chance for peoplemaking $40 an hour. there's no timeline, by the way. the white house says the findings highlight the need for training for workers to do their jobs . >> jon: the syrian government accepts the truth in that country after five years of horrific civil war. the us and russia are agreeing to a cease-fire on the ground beginning saturday. syria insists military operations will continue against isis and al qaeda but there are big questions about

this truce and how it will be enforced. let's bring in tom rogan, a columnist with the national review and daily telegraph and a senior institute fellow. i want to get to the news this morning since the president had a news conference about his intention to close the prison facility at guantanamo bay. part of the reason he said is that it angers so many in the islamic world. do you get the impression that closing gitmo is going to make us safer because the jihadists are somehow going to be satisfied? >> know, and i think the main point here is that it's another case of the president misleading the east in a simplistic way and if youlook at the specifics actually of the judicial systems across the middle east , one of the things that is consistent and indeed across the islamic world is that the judicial systems are very tough and i think at the moment when we are dealing with the rise of groups like isis but also the fragmentation of

groups like al qaeda, there is an understanding on the part of a lot of these populations that actually, terrorists who want to go blow up their fellow citizens are not people necessarily who should be at the forefront of concern about the judicial system at guantanamo is one that is being developed over a number of years. it's in a process position now that it can actually go on and try people and because of the recidivismrates which are around 29 percent, these are people going and robbing a bank , there's a big threat there. >> jon: with 90 one of them left were the worst of the worst in gitmo, the president says we are going to expand our efforts to transfer them to other countries such as what? yemen? what where you people these people where they can be held in a controlled way? >> a lot of them have gone to the battlefield but the secondary point here as well, and you will hear more about this from people in the coming

days is that when you bring these people to the united states, especially with the manifestation of a group like isis that is very propaganda savvy, about the banner of a global global jihadist movement, those places in the united states where those prisoners, will become magnets because isis will portray them as the ordained warriors who have somehow invaded the united states. there's a security component as well. >> jon: let's get to this cease-fire deal signed in syria regarding the syrian civil war. every one of these international deals has winners and losers. in your view, who wins here? >> manifestly, russia is the winner. this is the destruction of the united states foreign policy. broadly across the world, not just in the middle east. it began with the syria redline collapse which was a credibility deficit. the obama administration tried to renew its had with allies in the middle east by saying,

assad will go. we're going to support the rebels and the saudi uae backed off for a bit in terms of not threatening to give money as they will now to groups like al qaeda to counterbalance against what they see is the rise of iran and russia and assad but look, there's no question this is a great victory for the russians. assad is in power and the deal of the cease-fire is absurd because the russians are saying we will continue to fight jabhat al-nusra which is the al qaeda syndicate. great, but the reason that the problem is that up until now russia has been saying every day all we are seeing is bombing jabhat al-nusra and isis but they include the free syrian army, more moderate elements inside the orbit of jabhat al-nusra so it essentially means what's going to happen is that the russians with assad will seize control of the western areas of syria, purge the sunni populations from those areas will then go and join isis and the moderate elements at the heart of why you would want to find a politicalcompromise in the middle east will be eviscerated , both in terms of their political credibility and saying look, support us we can find a better future but also in terms of their credibility

on the international stage and in syria in terms of having to be forced to deal with assad. it is a collapse of us foreign policy and it will be felt not only in the middle east but also in the coming days and judge me on this, by nations like china in termsof the pacific island campaign. it is a major problem . >> jon: assad is an alley, maybe a puppet of the iranians. the iranians no friend of the saudi's so what did the saudi's do as a result of this so-called peace deal? >> that is the big crunch are and what i think happens is that the saudi's now have no concern for the united states in terms of our ability to influence them in positive ways so what they will do is retrench in the politicized sectarianism which is to say they are likely to fund hard-line groups on the periphery but also covertly, probably with al qaeda. you see now in yemen for example, the uae working with al qaeda against the iranian

allies and because of the nuclear deal, because of what they see as the collapse of us credibility in terms of long-term roles of regional balance of power, the saudi's and the sunni monarchies will retrench onto that more hard-line sunni stance. essentially, the big problem is that you see political moderation in the middle east from baghdad to peru to syria collapsing and in its place, the two sides, the iranian hardliners and the other side, the sunni hardliners, isis and that spills and you see that relevant to the west. refugees flows, refugee plots against the west, the continued destabilization of politics. >> jon: this is a peace deal you think fundamentally is going to strengthen al qaeda? >> i do because look, it's going to lead us into assad in power and he's going to starve and barrel bond with the russians, impoverished populations and the sunni

moderate resistance will be desecrated by this because that's what the russians are going to do. the administration knows it so where are a lot of those young sunni men going to go? they're going to go to al qaeda. there's a saudi element in terms of fundraising so history will not record this administration's foreign policy toward syria in a very positive light to say the least. >> jon: we remember when the president said assad had to go. tom rogan from the national review and daily telegraph. thank you. >> jenna: up next, the desperate search for a missing server. the latest details in the hunt for a florida man who was last seen 11 days ago. plus, the former homeland security director showing his support behind john kasich. heexplains why casey is his candidate . >> i think john has every bit as good a chance as anybody else to prevail in the long run and that's what he's committed to. he's not going anywhere. tums smoothies starts dissolving the instant it touches your tongue and neutralizes stomach acid at the source

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>> jenna: the politics now. john kasich picking up a new endorsement before the nevada caucuses. the former homeland security director and former governor of pennsylvania, now saying asic is the best man for the job. secretary ridge, great to have you back on the program.>> great to be back. thank you. >> jenna: why casey?

>> i got a different longer-term view of a lot of folks that have been looking at this race. it's good to win the nomination but i think it's more important to win the presidency and in order to do that you not only have to secure support and you will with predictable republican states but there are seven, eight or nine purple states and i think a record of proven conservative leadership demonstrated leadership is more important than rhetoric and i also think the stakes are much higher than just the presidency. i think the senate is imbalanced. i think probably a supreme court majority is in balance so i'm proud to support john because of his record and i think he has the broadest appeal in those purple states. winning the nomination is great. winning the nomination is just a partial step to the bigger prize and unless wenominate someone who can prevail in those purple states , who is a proven conservative record but has an outreach and i've known john for 30 years, can bring in democrats and independents. we may win the nomination but we will not win the presidency.

john kasich will do that. >> jenna: there's been a wave of endorsements for mocha rubio who says his expertise when it comes to homeland security which is your expertise, one of them secretary ridge, is above andbeyond the other candidates because he's been sitting on these committees in the senate. he has an idea of what's at stake and can bring the party together. what's your reaction to that argument from rubio and the competition that he poses to john kasich ? >> i've appreciated the service that men and women on both sides of the aisle give within thesenate to the united states but if the advantage you have is a system of briefings , that does not buy in my mind rise to the level of demonstrated decisive leadership and which governors do. at the end of the day, you will pull together and john kasich will pull together. by the way, he was involved in defense years ago in congress. i'm confident he's stayed involved so while i appreciate that marco rubio's service, i

prefer those whohave governed and have a proven record , those who boat and look to establish a record. he's a very able young man i think he be a great vice president. >> jenna: we will see how everything figures itself out. there's a lot of folks now saint donald trump has the pathway to the nomination and if you look at a new poll, it looks like donald trump is ahead when it comes to the home state of john kasich in ohio. what's your reaction to donald trump and being in the lead and the questions that are being raised about john k-6 path to the nomination considering the momentum of donald trump? >> my view is on donald trump are well known. after s expressed them, he tweeted i was just a failed governor of pennsylvania so what do i know? i guess donald knows where i'm coming from. i'm not looking just at the nomination. he may have a clear path but we are in this for the long term

and i think john is going to do well in ohio. nobody else in that slate of five has cut taxes, eliminated the deficit, built a surplus and then responsible for job creation in ohio but john kasich. i think we are in for the long term and i think it's important for republican voters as passionate as they are about candidates, the nomination is an important step but who in this field can bring the party together? i think john can and who'sgoing to have a proven record of leadership? it's not about rhetoric or promises . it's about rhetoric and i think john in the long run will do that and i think we need to find a candidate and it's john who prevails in the purple states, not just in the red ones. >> jenna: note the word choice of drums other candidates. let me ask you this quickly in other news as well. the president made news this morning aboutlosing gitmo and obviously, considering your experience , i am wondering your initial reaction.

your way are an hour after that announcement to the president's proposal and his intentions? >> i've never felt there was a need to close gitmo my experience in relationships with leaders around the world , the global anxiety they had about guantanamo wasn't that what we would take those that would hurt us off the battlefield and put them in a place out of our way, out of the world way. it was the notion that the united states would take somebody and put them in prison permanently without some form of adjudication. we have a system of adjudication. we figured out how to separate the wheat from the chaff. we know who these people are and i think those in guantanamo is a bad deal. it was never about the location. it was about some form of due process consistent with american principles, consistent with our constitution. we haven't, now we i think we ought to keep guantanamo open. >> jenna: the conversation also comes up when it comes to apple versus the fbi.

were getting new development's today of bill gates coming out, going against, it sounds like a little he's trying to back off it, going against the tech industry. you have thoughts about it that you published an editorial on fox news talking about personal privacy and personal liberty and why that's important but as we are watching this conversation continue to play out on the public space, secretary, where do you stand on this and why? >> i would like everyone who is interested in this debate and frankly all americans should be interested in the debate to understand a couple things. the phone is just one incident. it is a known terrorist post a horrible event but the fact of the matter is unless, the genius and the leaders of our technology companies find out a way to work with law enforcement and government, the same time that liberties and freedoms he embraces, and he's right. privacy will still be subjected to corrosion if we allow organized crime, terrorists,

pedophiles, drug syndicates to communicate in an encrypted way and we don't with a warrant get access to that so this is a classic example of where the public sector and the private sector collectively have an american interest in finding common ground and the recent remarks by mister cook suggest in a conciliatory approach that maybe we are getting closer to that. it's not just this phone call. we live in thedigital forevermore and there will be many more incidents like this , not just involving terrorist but criminal activity and we have to figure our way through it and i'm convinced we have a technical way. we need to have the will and it needs to protect the privacy that everyone is concerned about. >> jenna: let's hope the compromises found and in the process of working toward that, we set a new standard because that's where we could be and that would be a greatthing so we will remain optimistic until gettinginformation otherwise . secretary rich, great to have you on the program . >> thanks for the invitation .

>> jon: a serving trip goes wrong for one man. he hasn't been seen in more than a week. now the search efforts are escalating. how you might be able to help. plus, democrats battling for delegates but the math is starting to favor one of those two candidates you see on your screen. our political panel on whether it's getting too late for bernie sanders to catch up y california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org.

>> jenna: new information about the search for a missing server. the family of this man, 46-year-old darrell for letourneau asking for help finding him. before the man was last seen 11 days ago in the dominican republic. if you have information about where darrell might be, call the investigations unit at the us embassy in the dominican republic's number on your screen. >> jon: bernie sanders is already facing an uphill battle when it comes to collecting delegates. he's trailing hillary clinton's 503 with just 70 of his own. this is clinton expected to pick up more in the super tuesday states. nearly 900 delegates on the line inthose contests . so can bernie catch up? let's talk with our panel. evan sig free is a strategist and the president of soames consulting. brian jones is the host of the brian joyce show.welcome to both of you. a lot of people have been spouting at how well bernie

sanders has done evan but given the map, does he have a chance of overtaking hillary clinton? >> in order for bernie sanders to implement his plan of redistributing america's well, he's going to need to redistribute the democratic committee delegates and right now the math is not looking good for him. hillary clinton almost has 25 percent of the way there and should be she could be halfway there on march 1. senator sanders needs to perform well among african-americans in south carolina and now he was only pulling around 18 percent among the african-american community and that's not going to cut it . >> jon: he is generating tremendous excitement among the young people of this party. >> he absolutely is. i think evan is right. at the end of the day i don't think the vote and delegates will be there in 2016 but i think bernie sanders has done an amazing job raising money and appealing to young voters

and i think he really is laying the groundwork for what i think will be a political revolution much like the tea party in 2009. i think young voters are flocking to his message. i don't think it's because they are lazy and don't want to work and don't want to collect free benefits. i think this is the first generation of americans who by and large are worse off than their parents and grandparents. they traveled the world, they've done semesters abroad and in places like sweden and germany and japan and i think they come back to the united states and look at our infrastructure, healthcare system and schools and theyare asking questions and i think bernie sanders has the answers . >> jon: the superdelegates are what haveput hillary well in advance of bernie sanders numbers . can those superdelegates be persuaded that maybe bernie is the guy they ought to go with? what happens if say, there is some kind of result of the investigations of hillary

clinton's email problems? >> if hillary clinton is going to wind up with a four-year term in club fed then the superdelegates will look at bernie sanders and probably pay pray that joe biden jumps in. the superdelegates, it's the most undemocratic thing when you have been in the process. the voice of the people is basically being, we trust you bought. that's what the democratic leadership is saying with superdelegates. >> jon: speaking of trust, hillary clinton has a problem with something like 60 percent of americans saying they don't see her as honest and trustworthy so does bernie sanders naturally become the beneficiary of those people who don't necessarily find the former secretary of state honest? >> i think bernie sanders is in a lot of ways the left-hand version of donald trump whether you like what he's saying or don't like what he's saying, at least you get the sense that he's being straight with you and that is something hillary clinton lacks. i would agree with evan that i think so far a lot of the

delegate count has been a joke. i think evan saw the news, three weeks ago we had the iowa caucus where hillary 11 recent on the coin toss. she got her clock cleaned in new hampshire and walked away with the same amount of delegates thanks to this concept of superdelegates and you wonder why a lot of voters are moving toward bernie sanders and donald trump. they are fed up with the system and like evan says they don't feel like their vote is being count counted. >> jon: go ahead evan. >> brian is right. the democratic party since day one has been trying to clear the road for hillary clinton. they had a few debates as possible and then when it started to get tough they wanted to create all these new debates because that would help a. now bernie sanders absolutely has a case to make that he's been treated unfairly weather with the server issue to just scheduling and being even seen in the public like so it's a very disappointing election.

>> don't forget as well in the nevada in one precinct, hillary one by drawing an ace from the deck of cards and bernie sanders only to a six. >> you wonder why a lot of voters just feel disenfranchised. >> jon: brian joyce and evan siegfried. we will keep our eye on this race. thank you both. >> jenna: new court action in a brutal triple murder that horrified the nation as one man convicted of terrorism and killing a connecticut mother and her two daughters. she is now trying to get a new trial. the appeal and what is next. oh remotes, you've had it tough.

watching tvs get sharper, bigger, smugger. and you? rubbery buttons. enter the x1 voice remote. now when someone says... show me funny movies. watch discovery. record this. voila. remotes, come out from the cushions, you are back. the x1 voice remote is here. >> jon: let's check out what's ahead on outnumbered at the top of the hour. andrea harris, what you have? >> the president laying out

his plan to close gitmo before he closes office but can he appease gop lawmakers who say no way to bringing detainees to the us. democrats as well. plus, decision day for republicans in nevada. it donald trump scores a third straight win, is he unstoppable? and the ceo who tests job candidates by messing with their breakfast orders. our job interviews stressful enough? >> you don't want to be hungry in their. all that plus a hashtag, one lucky guy outnumbered the ur an that . >> . >> jon: we will be watching. justin, a convicted killer making an appeal for a new trial in connecticut. joshua tree jesse along with another man was convicted of murdering a woman and her two young daughters in their home in 2007. his lawyers say they didn't have access to recordings of police calls at the time of the

first trial and those recordings have now surfaced. abby huntsman is here to explain the implications. >> such a horrific story. joshua is back in court this morning with his legal team pushing for a new trial. church ascii and stephen hayes were sentenced to death after being found guilty of raping and murdering jennifer pettit and her two daughters.the men forced jennifer to drive to a bank to withdraw cash before strangling her at her home. the owner's only survivor was her husband doctor william pettit after he was beaten with a baseball bat, barely managing to escape his burning home. his lawyers are arguing that they were not provided with police recordings. that they say would help them in their arguments. they want to use this as evidence in a bid for a new trial. police say the recordings were

destroyed during a lightning strike at a police station but backups were found after the two killers were sentenced. the recordings include a call between a sergeant and officer talking about intercepting jennifer's car after she left the back. the police never ended up stopping the car and the lawyer say the recordings would have proved their theory that police the response putting into question their credibility but the prosecutors argue that the long trial covered everything and they do not warrant another expensive trial. he had originally been sentenced to death but after connecticut did away with the death penalty, they are not serving life in prison and i should also mention that doctor pettit who attended every day of the murder trial was not seen in court this morning. the poor guy has been through so much. >> jon: i would hate tohave to think about him having to go through that again. abby huntsman, thank you . >> jenna: on happening now, or county prosecutor accused of jeopardizing a murder trial by appearing on television. will it lead to a mistrial? also, a flight halted on the runway because of an engine fire. the dramatic video with more than 100 60 people on board

slide down the shoots to get away from the smoke. we want to hear from you. do you think we should close guantanamo bay? the president put his plan out there today. go to foxnews.com /now to join the conversation. gear up for great ®.

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>> see you back here for our second hour in one hour. >> "outnumbered" starts right now. harris: this is a fox news alert. the plan to close guantanamo bay in cuba where reportedly some of the most dangerous terrorists we captured on the battlefield remain. the president telling the nation a short time ago, that his plan goes to congress today. now we anticipate there's more. and it's coming as we await the white house daily briefing. this is "outnumbered." i'm harris faulkner. here today, andrea tantaros, sandra smith. co-host of "countdown to the closing bell" both of them on fox business, melissa francis. the #oneluckyguy, her co-host, david asman. >> fbn. you guys are outnumbered. harris: that is okay.