it. dagen: then the crying in the back of the limo. do we is cameras? melissa: we must, come on. meghan: we're back tomorrow at noon eastern. "happening now" starts right now. >> evacuation orders are underway in east tennessee as a fire consumes several buildingeds. >> our entire lecture hall went down to the basement. we couldn't get service in the basement and we couldn't contact people. >> students react as one of their own is accused of carrying out a knife attack. why he did continues? >> and proclamation comes out. >> and tensions flare as a north dakota governor gives an

ultimateum to thousands of people on the pipeline. >> the making of a murderer. stephen a very was framed in the death of theressa hallback. but it is all "happening now". >> but we begin with more cabinet decisions from president-elect donald trump. >> i am jon scott. >> i am jennay leechlt georgia congressman and fierce obama care critic and surgeon tom price as hea human services secretary. and elane chowle nominated as transportation secretary. this as he holds meetings with marsha black burn and tom corker and mitt romney.

they are outside of trump tower. blake? >> reporter: hi, there, jenna. the steady down power here in trump tower is a perfect metaa fore. there is a lot of action and you spelled out some of it on this day. at any moment,y we are expecting the pick for the transportation elane cho, who is well known on capitol hill. she was labor secretary for bush 43 and wife of the senate majority leader mitch mcconnell. and she would potentially overa lot of the infrastructure spending that the president-elect talked about. officially on the books today. an announcement that was made is tom price for hss. health and human services.

price is a congressman from georgia and a doctor in his own right and he would oversee the dismantling of obama care. while those two names have come and will come today, there is all eyes turning to an ever see important meeting with mr. trump and mitt romney as the secretary of state post and others are yet to be filled. they will meet and do so later this evening at dinner here we are told somewhere in new york city. i asked a tom trump transition aid why the reason for a second meeting and the answer was two- fold. the president-elect wants to dot the is and cross the t's and makes a decision of that magnitude. andicismy, jenna, these two trump and romney really don't know each other and this is a chance for them to meet faet

face-to-face. and one more name out there. president-elect meeting with garye cohen. president of ceo of goldman sachs. that was a late add on. >> and blake, thank you very much. >> get blake in the lobbiy. there it is dryer inside. for more on this david drubbinger and betsy woodrough is a political reporter for the daily beast. when you pick somebody to be in your cabinet, david, you obviously want them to bring a lot of tools if you will to it the job. what does tom price bring to this particular position? >> the interesting thing about tom price, he's well versed in health care policy and himself crafted plans for repealing and replacing the affordable care act. this signals that trump is

serious about repealing andy replacing the affordable care act. he picked tom price that has the legislative know how to get this done and repealing obama care and replacing it with something else is legislatively complex. the president wants it done together so that no one is left out in the cold. that's how he described it on 60 minute and they would be done together and price understands the committee process and how these things work together and is close friends and allies with paul ryan and that is interesting about the price pick. >> the republicans put a bill forward in 2015 to repeal obama care, one of the requirements, and one of the components of the bill was that medicaid expansion would be jettisoned. and the president vetoed that.

but price had had a big part writing that legislation. medicaid expansion could be a thorny point for republicans if they try to repeal, could it not? >> absolutely. so many americans have insurance coverage because of that medicaid expansion and it is important to remember, when we talk about the issue, mike pence, the vice-president elect accepted it in as governor of indiana. he understands the political pressure on republicans and the push back they will face when people lose coverage, if people lose coverage depending on how the national health care policy gets changed around. and many house republicans are going to get constitutional criticism if they support a package that results in fewer

people affording health care. remember the status quo was not particularly popular. and it is true that americans are frustrated with obama care, but they were frustrated in different way. just repealing is not enough to make people happy. and the political challenges are complicated and no one understands that better than mike pence and tom price who has been in the thick of this for last six years. >> congressman price is said to be close to elements of the tea party and close to it paul ryan and kevin mccarthy reacted to the price pick. >> he's intregal in the republicans putting together a better way of how to repeal and replace obama care. it is a very good decision on trump's part. i thought it would happen early

on that tom would be a perfect fit. >> of course, democrats are pushing back. nancy pelosi reacted in a statement this morning with chairman price at hss, speaker ryan moves closer to realizing his dream of shattering the medicare guarantee that has protected generations of american seniors. millions of families who found coverage will be pushed back in the cold. i imagine it is all going to be, david, in how it gets sold. whatever changes tom price wants to make assuming he's confirmed. they will have to be sold to voters. >> that's right. bets made a good point. what the affordable care act did was remake the entire u.s. health system. and republicans bye replacing and repealing the affordable

care act and replacing it. will reform the entire system and what did republicans successfully in terms of politics hit obama care with. and what did voter ises feel after the facts? the fact that costs went up and all new tax structures and these are things that republicans will need to figure out how to avoid politically. and that's what make its complex. it is not fair to say republicans don't have ideas and plans. but what is fair. they have not run it straight through the house and senate. they have run it through reconcilation with the medicare expansion. but not a fully replacement that run through congress. it is not just up to tom price or speaker ryan. donald trump will have a lot to

say about. this he has said part was obama care that he wants to keep. the tricky part. keeping your kids on the insurance until they are 26 and no preexisting conditions or lifetime caps. >> the republicans didn't vote any elements of obama care in existence, doesn't that make it easier to dismantle it. you can say to democrats, you did not involve us in the build ping of the thing and now we'll dismantle it when they have the power. >> that could contribute to the hyper partisanship to pass on capitol hill. we are seeing a rigid partis an polarization when it comes to healthy care policy in the u.s. that is a challenge to the consumers because it is it an issue. and they are defined about

whether or not someone is a republican or democrat. and they would clearly love and would benefit from getting democrats to support what they are doing and that is tough. it is a partisan divide and the house conference as a whole has yet to coaulose behind the obama plan. we didn't launch the tea party and rally and knock on doors to replace obama care light. there will be a ton of scrutiny within the house itself and there are divisions with the republican party itself and that is interesting republican challengement >> fascinating time in washington. things are changing. thank you. >> and police are looking into whether the attack in ohio state

university is directly related to terrorism. and he's identified as a somali native and shot and killed by a campus police officers. and classes are again under way. and garrett, what are we learning there today? >> jenna, investigators tell us that there is growing evidence to suggest that the 18 year old attacker was self radicalized. the latest indication is a facebook post he made shortly before the attack. they describe it as an anti- american rant in which the ohio student praises the american born cleric as a hero. the radical cleric's teaching is often a hallmark of those self radicalized. investigators are combing

through his devices for consuming propaganda or communicating with terrorist contacts. the somali refugee came to the u.s. in 2014 and had not been on the government's radar prior to yesterday's attack. radicalization can happen over the course of a couple of months. we spoke to our next door neighbor who said he was friendly & shocked. >> i am beside myself. ye never expected to see that from him. he never gave me an impression that he was a terrorist or you know, would commit such a violent act of crime. >> reporter: here back on ohio state campus. the police tape is gone and students are back in class.

the university will hold a vigil to attempt to help the students here begin the process of healing. we expect an update on the status of 11 womans in the afshths tack. snfshgs the face of leaders and turning out to mourn castro as the country said fare well. president-elect donald trump is weeks away from taking office but his election has impacted the world. we'll look at the trump affect with our political panel. crohn's disease. i didn't think there was anything else to talk about. but then i realized there was. so, i finally broke the silence with my doctor about what i was experiencing. he said humira is for people like me who have tried other medications but still experience the symptoms

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>> the remains of fidel castro will retrace the journey across cuba and on the eastern end.

and steve hariggon has the latest from havana. steve? >> the world leaders have begun to arrive in a massive rally in honor of castro. and it is regional leaders. and even president putin, a long- time ally is too busy to attend. there is much debate. and the u.s. decided not to spend one due to concerns about the way the cuban government is run. and two u.s. officials are in attendance. and ben rhoeds and top u.s. diplomat here. and no delegation but u.s. officials and those ashes will go on the road across it is

country before they are put to rest on subpoena in santingo. and with fidel castro removed from the team. he's been seen as a impettent. president-elect trump said he would terminate the deal with cuba unless it is a better deal with the cuban and u.s. people. >> and accused murderer in the charleston church massacre acting as his own attorney. and the governor of north dakota takes action against the dakota pipeline. and what he ordered and the surprising reaction from law enforcement. we are live with that story.

>> right now, concerns in north dakota where there is new fallout from the governor's stand against the thousands of protestors who are protesting the pipeline. the governor ordered that the protestor ares to evacuate the camp and they have no plans to enforce the orders from the governor. william is live in los angeles. >> reporter: the governor is warning the protestors to leave, saying it is not safe here and if you get hurt, it is your fault and not our and north dakota is not liable if you are hurt. most of the protesters are from out of state and live nothing tents far from medical care and lack of reliable roads.

>> being outside exposed to the elements even short periods of time depending on temperatures brings life threatening conditions including frost bite and hypothermia. >> there is a foot of snow and freezing temperatures. and the governor ordered the protestors to evacuate. even though the camp is on federal and not state land. but the governor can force an evacuation. the protestors say they are not going anywhere. >> it is people of the land and we are camper and people here, i am sure we are strong enough to weather through. >> i am looking forward to the snow and north dakota blizzard. >> and the bottom line. state and federal officials

ordered the evacuation but no plans to enforce it right now. they have been told that negotiations with the tribe are over and nothing will happen during the obama administration. the fact is, you don't need to move the protestors to finish the pipeline. all they need is permission from the army corps of engineers. in the meantime they will be really cold. >> jon. >> new information on the south carolina church massacre. with accused murderer dylanroof acting as his own lawyer in the trial. and the federal judge made it clear that he wants roof to address him and not through his stand by counsel as an effort to

stop roof's ground of appeal that the lawyers did too much. roof stands accused of killing nine black parishioners. he will face the death penalty. he offered to plead gettiy in exchange for a life sentence. so clearly he doesn't want to die. if that is the case, why act as his own attorney. he's not doing favors. >> and the judge said that to him. you have fine counsel and vast experience and make use of them. but dylanroof has a right to represent himself and nothing other than than incompetency and he doesn't understand the charges and the judge found him to be competent.

and the judge has to let him represent himself. the judgecant sea say no. >> correct. he has a constitutional right to do it. it is a bad idea. and serial killer and mass murderers. ted bundy who killed 30 women and children he was put to together after representing himself. beltway sniper was put to death. and the fort hood shooter represented himself and he got the death penalty. >> ted bundy had legal training and was an attorney as i recall. roof. what is his defense? >> no one knows. and suddenlily when you have a competency hearing, defense attorneys follow-up with an insanity plea. that is that roof didn't know right from wrong. who knows? is he going to stand up there and argue to the jurors that he

in the moment he pulled the trigger was insane? that is a hard argument to make on your own behalf. he could sit on his hands and do anything the all. and representing yourself is suicide by jury. and if he is convicted, then they move to the penalty phase. do the mitigating factors out weigh the aggravating factors, and roof may sit on his hands and do nothing and try to argue things like child abuse or mental disturbance or intellectual capacity. there are so many aggravating factor and multiple cullings and the list goes on. planning and pre-meditation. and i can't see it would out way

the ags. >> can he act like a nut job in court that the juror can't convict. the jurors once they go behind closed doors. they can do precisely and grant merc toe a guy concluding that you know, that there is something terribly wrong with him and we can't in good conscience put him to death. >> greg, thank you. >> nancy pelosi is fighting to it keep her post after the democrats suffered big losses. what can we expect tomorrow. newt gingrich on what to expect from a trump presidency. and the impact that trump is having. >> it will be an energetic presidency. a cross between andrew

jacksony's disruptiveness and theodore roosevelts constant energy.

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a dozen house democrats support upon nancy's challenger. and it can worth noting the vote will be secret ballot. she will be the leading democrat since 2003 and said she knows what it takes to return the democrat party. and republicans have joked they would like her in power suggesting that she's out of touch. >> we are in a stronger position in the house than all of the others. and if there is one person to root for. i think nancy has more support and tim ryan said democratscant return to the party if they are in new york and california. and ryan said don't count him out. >> she has two-thirds of the caucusesus signed up to vote for

her. >> those are not the numbers we have. there is consternation in the caucus and we are making a hell of a run and have a shot to win. >> i have enormous report for nanciyy pelosi, but the democrat party needs to change direction and widen the support for hard working american familys who are our traditional base. and seth molesson calls ryan ready to make real change. vuan interesting contrast. long- time leader versus a newer name and regional rival row one from california and the other from ohio. thank you, mike. >> the president will not send a presidential delegation to it takened the memorial service. i can tell you however, that ben

rhoeds will attend the service as will top u.s. diplomat in cuba. so much of the u.s. diplomatic relations with cuba is complicated. we believe it was a appropriate way for the united states to show our commitment to an ongoing future relationship with the cuban people. >> and the president is not sending a formal delegation to castro. the deputy national security diplomat. and the president's nominee to be ambassador to cuba. mike breen president and ceo of the trumman national security project. it is good to have you both.

the question is is this we send anyone at all. one of the journalist said you are not sending an official delegation, isn't what you described a u.s. delegation? >> that is a distinction without a difference. and he is not send anicleigation. obama's statement white washed 60 years of history and failed to hold castro to account for his crimes. he was responsible for the deaths of over 100,000. and the closest the world came to nuclear war was cuba criesit. and castro was a sworn enemy to the united states. last thing we should do is send an american official to the funeral. >> does it legitimate myself. >> no. it is clearly appropriate for

the united states to be involved there. and i think it is important to focus on the future here. history is on the side of the united states. world war, steady ince the end american presence and we have see soviet union and cuba crumble. but the progress we have made in opening up cuba and allowing the cuban people to be attracted to the american way of live is positive steps. >> brian. it is not the past but setting us up to something different in the future. >> the kind of statement that obama is making and the death of castro's death and sending people to the funeral will not resonate with the cuban people. he white washed 60 years of crime and murdered and economic

and denied religious treatment. and trump's statement resonated more with the cuban people. first principles of diplomacy you have to be truthful and giving a full account of castro's crime and being honest about them. >> mike fwe are looking at the future and sending officials to the funeral of this tyrant, how does that set us up to it a different path to cuba if we are legitimizing the regime that was in power so long. >> i think brian you draws a interesting contrast to the obama and trump administration. since 1945, republicans and democrats, right up to the present moment disagreed a lot of how best to execute a to coherent foreign policy.

american leadership. and the opposition to the former sophnet union and putin and these carried us up to the president-elect that campaigned againsty them. >> and let me get you to the question i askeded. if we want something different in cuba. why normalize. >> sending a midlevel white aide. >> you think ben rhoeds is midlevel aide? >> no insult to ben rhoeds. it is a far cry of sending the united states and vice-president. >> we'll leave the topic there. i want to talk about how we will handle the world in general in a new eran of the trump presidency. he is two months from taking

ofls. the trump affect is shaping events around the borld and around the world he is changing events. interesting, out of jimmy carter in the new york times today, writing an example of this taking place. former president said that our current president should officially recognize the palestinian state before he leaves office. in order to get membership to the un. it will not happen under donald trump. >> that's a mistake. statehood, and conferring statehood on palestine is not something that is done magically. there is a bipartisan agreement for the statehood of palestine and palestine needs to meet that criteria. before they can get to

statehood. renouncing terrorism and controlling your sovereignty, and preventing terrorist ark tack. as long as that continues we can't grant them statehood. >> i think the election of trump injected uncertainty in the heart and heads of many american ally and foes, with all due respect, this is not time for changes in american foreign policy. but stay the course because so much is called in it quiet. he questioned nato and a liiance and whether putin's russia is a friend oro foe. >> interesting. we end with agreement. thank you so much. >> severe drought leads to wildfires in the southeast.

and thousands are evacuating and homes are going up in flames in the tennessee mountains. we'll get an update on what firefighters are experiencing on the front line, next.

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>> fox news alert. thousands of people evacuate ahead of wildfires in tennessee. it is burning hundreds of home and buildings on the the edge of the great smokey mountain's national park. officials ordering evacuation including the home of the deal wood theme park. the rain will not end the drought in the southern region of georgia. we are concentrating on tennessee. here is molly who is a spokesperson for the great smokey national park. >> it is busy. we have crews in from all of the

agencies that are assisting us. >> it is a beautiful part of the country. i remember when i first saw the smokeyy mountains. can you tell us the damage thus far to the park? >> we are still assessing it. crews are moving out and smoke finally cleared and we can see further distances. we were not able to fly at all to get a vantage point to see the acreage. and we hope to get up to assist the extent of everything. >> can you take us back a few days or weeks. y when the fires began and what it is like? >> the fire was originally started on wednesday november 23rd in a popular area called the chimney top. reported a small fire two acres in size and grew up to eight

acre. and we did containment areas trying to contain this. it was a 410 acre that was the containment area. and that evening, extreme winds came and blew it. and we do have extreme drought conditions. we haven't had rain in week and months. and so that helped everything to torch up. >> and what is the threat to structures as well as the lives in the the area. and we have still evaluated in the park itself. we are looking at the structures and we have one area in the back country that is a hike in area code only. and we don't know if it was affected last night or not. it depends on how the wind is going to shift. >> it is sunny and warming up

and we did have rain last night which is good. and they are expecting the winds. and that is not a good thing. >> we are hoping for the best and they are calling for rain late tomorrow evening and we are putting our hopes on that and hope that brings more suppression. >> we have a lot of rain in the northeast. and hope it goes to tennessee. and some of the strong winds right now. we hope for the best and appreciate your time and we'll watch and pray for all of you. thank you. >> millions around the world were convinced of stephen's innocence of making a murderer. one man is not convinced and pushing back in a new book. ugh. heartburn. sorry ma'am. no burning here. try alka-seltzer heartburn relief gummies. they don't taste chalky and work fast. mmmm. incredible. can i try? she doesn't have heartburn. alka-seltzer heartburn relief gummies. enjoy the relief.

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>> we are going to take you there live and we'll tell you more on america's new's headquarters coming up. new information regarding making a murderer. the net flix hit series that convinced millions that stephen a very was framed for the rape and murder in 2005. a very is serving life in prison and the show sparked efforts to get him out. one man is slamming that effort in a new book.

michael grease book helped to it exonerate a very in 2003. the missing truth of stephen a very. and he is not speaking on behalf of the innocence project or prosecution where he serves on the board of advisories. you helped to get stephen a very out of prison the first time but the second conviction you think is deserved? >> they are two very different cases. one happened in 1985. and ste ven a very was convicted. and it was not just accidental or a mistake. the attorney general of wisconsin's view. we took it to the a g for an independent review, this was a question of real police and

prosecutor misconduct in my view. that's the old case. the new case in 2005 with the heard of theressa. it is no question that ste ven a very is guilty of that offense. >> there was much made the of the blood samples that are on file in prot cution custody and the implication that they were used somehow of sprinkling his blood in her vehicle? >> anything is possible in this world. but all of the evidence is such that that did not happen. there was chemical testing to test for the preservatives in those blood specimens that were left from the earlier case.

and the blood that was found in the vehicle, ste venavery's blood did not contain the preservative. mr. avery had a cut to his right index finger and matched where his blood was on the ignition key. and the police didn't put the cut on himself. he cuts his finger prior to that and the blood from his finge was on the dash. that is one piece of evidence in a mountain of evidence that is maybe an overused term. there was a mountain of evidence. and not just physical but circumstantial pointing to steven avery for the crime. >> it was well done but one sided. your book is infencible and the

missing truth of steven avery. back in a moment.

their second meeting in just ten days. peter dec. peter, do we know what made chao stand out to the transition team? >> shannon, donald trump is