he left the door open for a moment and the dog hopped in the car and curled in the seat. the cop was able to find the dog owner's. that's what we tell the kids. he must have heard that. back at the house. so sweet. have a great day, everybody. happening now starts right now. ♪ ♪ ♪ jon: let's just start with that. we could see more announcements today from trump tower as the president elect moves full speed ahead in selecting cabinet. welcome to happening now, i'm jon scott. jenna: i'm jenna lee. mr. trump is heating to the heartland where he will meet with victims and first responders in the car and knife attack in the campus last week that's still being investigated as part of terrorist attack. in the meantime trump is --

retired marine john kelly for secretary is always a name that we have heard in the last 24 hours. general kelly lost his youngest son in combat in afghanistan. this evening mr. trump headed to des moines iowa for another thank you tour rally after the state governor received a big appointment and that's where we find peter ducey. peter. peter: and jenna, the president elect and carrier officials have both said that last week's job saving deal was good for about a thousand positions that we are going to -- were going to be going to méxico, that's a deal that got a lot of positive attention last week for the incoming president but the official who represents union workers at the carrier plant,

his name is chuck jones came forward and he thinks that the thousand number is too high and it's closer to 800. he started spreading that around that he thought the president-elect trump was inflating the statistics an when the president elect found out about it he good on twitter too say this, quote, chuck jones has dean a terrible job representing workers, no wonder companies flee country. mr. trump a few hours wrote, if united steel workers were any good, they would have stayed in the country. he was singing a completely different tune. at the time he was pleased specially because he said small businesses and schools near where the factory workers lived would have been in trouble if hundreds of people all lost their jobs at the same time but then he said he didn't have to worry about it. of course, that was then and this is now. while all of that is going on,

the search for secretary of state continues, we just got a few words from former ceo of ford and boeing is going to be considered as top diplomat and retired admiral is travel to go trump tower today, a few months after being vetted as possible running mate for hillary clinton. a few hours from right now as well mr. trump is going to travel to columbus, ohio and meet with victims of stabbing attack on campus and big event tonight mr. trump's return to hall here, he asked to vote for him and he's coming back as the president elect to thank you for voting for him. he's expected to appear with the terry branstad who is soon to be the nominee to u.s. embassador to china, jenna. jenna: thank you very much. jon: for more on this let's bring in karl rove, former chief

of staff too president george bush. you heard criticisms that donald trump is leaning too much an exmilitary leaders, he's announced three names so far and if you include the name of general david petraeus, possible secretary of state position, should there could be more high-ranking military leaders in the white house. what do you think about that, karl in. >> i understand the department of defense and since the creation of that post just after world world war ii, the requirement has been that no former military officer can -- flag officer can command unless they've been out for more than seven years or have received special permission from congress which was granted once before. asked for once and granted once. stepping back for a minute. when did we get to be a country where military was a disqualification for public service and service in the president's cabinet? i'm a fan -- yeah, i'm a fan of

william mckinley. he had a cabinet of three men, richard nixon had a cabinet of 12. 7 of them served in the military. the secretary of state, labor secretary, transportation secretary, ag, the department of defense, hew, post master general, all of them had served in military and many of them had been high-ranking officers an many of them were decorated war heros, when did we get to a point where the homeland security could not be somebody who is in the military, that the national security adviser should not be somebody from the military? i don't remember from the objections when bret was named as george w. bush's adviser and he did an exemplary job. president obama nominated jones and didn't last very long. but i don't remember flagging an officer for the national

security advisers post. jon: cabinet full of lawyers, nobody seems to complain generally that there are too many legal guys and when you look at congress, i don't know what the numbers are, i probably should have researched it. the number of lawyers serving in congress is way disproportionate for the lawyer population in general. >> right. look, this may be the fact that we haven't had so many people from the military serving in the cabinet, maybe as a result of the adoption of all the volunteer military in the 1970's but i think it is exemplary. i love the fact that we have serving in congress today an increasing number of iraq and afghan war veterans. this is good for the country. people who have learned in a personal way the cost of service and the nature of american leadership abroad and i think it's valuable for us to do so. general kelly is terrific, head of the southern demand. he's had to deal with a lot of

the issues of hemispheric my gas -- migration and donald trump had a great group to pick from. he looked at congressman mccaul, friend of mine from texas, well versed in the issues but kelly is terrific and we shouldn't be serving it against him that he served in the military but people who have served our country so able in the military are willing onto take on civilian responsibility. jon: general kelly lost a son in combat in afghanistan. >> yeah. jon: one of the criticisms seems to be that because donald trump is choosing so many exmilitary members for his cabinet, that there's going to be drum beat for war all of the time. nobody who hates war more really than those who have fought it. >> right. let's put this in perspective. the cabinet now whether it includes un embassador, we are talking about 15 or 16 members

and two have -- are flag officers. the designated defense secretary and the possible homeland security secretary. this is -- this is much to do about nothing and revved up by people who some may be a discomfort with the military and in some nothing to do in my opinion. jon: what about the epa? give us your take on that? >> well, first of all, full disclosure. i know scott. he's a terrific guy. neral for oklahoma. this is a terrific pick because in recent years the environmental protection agency has gotten away from the cost of regulation as opposed to benefits. that is to say all they've been concerned about is we are going to do this nice-sounding thing

without any regard to cost to economy and economy. scott pruitt cares about the environment. he's from oklahoma. you cannot be a statewide official in oklahoma and say we are going to disspoil the beautiful land. he cares about quality of water, air and land. only a wealthy economy can afford to improve its environment as we've done in this country and so what he wants to do is rebalance so that the regulations at the environmental protection agency actually have lots more benefits than just costs. we have too many attempts to grab power. the environmental protection agency is attempt to go regulate every wet piece of land in america. under the waters of the u.s., the federal government is attempt to go step in and regulate as an internet state waterway that wet patch on your farm or that creek that runs through your ranch and this could be just extraordinarily

bad for our country and unnecessary and scott pruitt is a practical conservative who will look at a constitutional, who will look at this and say, does the government have the power to do this and if we do this, what's the best way to do it so that we have lots more benefit than we have cost to that regulation. jon: i have farming friends who are just agasped as to what the epa has tried to do to them? >> as well they should be. jenna: busy day on capitol hill. minority leader harry reid says good-bye to the senate, retiring after 30 years and more than a decade of democratic leader. he has words to share in all of that. mike emmanuel is familiar with them and familiar with senator reid. hi, mike. >> first lawmakers must pas a continuing resolution. the package they are considering

would keep the government up and running through april 28th, $10.4 billion to fight terrorism and more, hurricane matthew and $170 million to deal with the contaminated drinking water problem. the house will vote first early this afternoon and we do not expect problems there. it should have the votes to pass and then they send it to the senate. there democrats joe of west virginia and senator of ohio are fighting one component. four months of benefit for retired coal miners. >> democrats come to the floor to urge republicans to express their concern for their constituents in the fossil fuel industry to do justice to them for the service they have provided for the benefits,

pension and health wise that they are entitled to. >> we are also coming to the end of the harry reid era in capitol hill who has served in congress for 30 years as senate democratic leader for 12 years. today the senate majority leader paid tribute to reid. >> it's clear that harry and i have two different world views and two ways of doing things and two sets of legislative priorities, but through the years, we've come to understand some things about one another and we've endeavored to keep our disagreements professional rather than personal. >> expect plenty more tributes throughout the day. reid's last day is not entirely clear. it could be tomorrow or if senator want to hold things up a bit, we could be heading for a weekend session. jenna: mike, i know you're familiar with weekend sessions as well. we will be watching. thank you very much. >> thank you. jon: e-cigarettes get marketed

as healthier traditional way than smoking. why it's calling those devices a major public health concern? also two people in tennessee now charged with arson in the deadly fires that killed 14 people. stunning details about the suspects next. >> they cost too much devastation. it makes me mad to know that somebody would do this. i mean, that's pure stupidity in my opinion

jenna: new information about growing trend e-cigarettes, major public health concern. doug. >> hi, jenna, today report by the surgeon general is that first comprehensive analysis of

e-cigarettes contrary belief that they are not as safe as many people. given the explosion and the use of e-cigarettes from relatively rare use in 2010, common form of backo used today. e-cigarettes are ingested through electronic process where liquid and water vapor is inhaled into the lungs. water vapor in e-cigarettes still contain nicotine. >> many of these e-cigarettes contain nicotine and comes from tobacco and it is a highly addictive chemical. it can have adverse effects on brain of atoll -- adolescents and adults. >> surgeon general added there's no evidence that they ultimately protect kids from cigarette use. critics report that it's a major

failure on the part of surgeon general and looking at only risk to teenagers without looking at focusing on adult. for adolescence maybe a positive route out of smoking. researchers, quote, found that the aerosol was significant lower in toxins than conventional cigarettes all toxins could be detected. those exposed second-hand were much lower than traditional ones though risks still may exist. fda issued banning sale to anybody under the age of 18. jenna, back to you. jenna: doug, thank you. jon: right now authorities in tennessee say two teenagers started the deadly wild fires that killed 14 people. the boys unidentified because

their minors now charged with aggravated arson in the fires through smok mountains and gatlinburg and 1700 homes were destroyed. governor who list his own home, everyone is trying to return to normalcy. >> a lot of people had questions how did it start and how did it happen, it's closure for a lot of people, but it's still devastating, the whole thing. you know, our hearts go out to everybody and, you know, we just want to get back to normal. jon: prosecutors say the case could be transferred to adult criminal kurt. jenna: well, courtroom drama for a woman charged with the murder for hire plot. jurors hearing from the defendant herself even though she's not taking the stand. our legal panel weighs in on this high-profile case and a terrifying situation at a high

school ends with a student being shot by police. what cell phone video shows what happened just before those shots were fired. [shouting] [inaudible conversations]

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jon: right now new drama at the charleston church has has arrived, jonathan joins us live from district court in charlesston south carolina. jonathan, what's going on? >> hi, jon, the federal judge denied motion for mistrial.

dylann roof's attorney filed just a day after highly emotionally testimony from one of the survivor of last year's massacre of emmanuel church. felicia sanders used harsh words about the defendant, sanders said, quote, he's evil. there is no place on earth for him. accept the pit of hell. judge richard said he interpreted sanders' comment as an emotional religious statement not a recommendation for sentencing and denied the motion for a mistrial. today's testimony is focused on the crime scene investigating last year's church massacre. the court has been warned that some of the testimony and evidence is extremely graphic. right now jurors are being shown videos both surveillance camera videos from the exterior of the church as well as interiors taken by body cameras worn by some of the police officers who

responded to that grizzly scene last year. throughout all of this, throughout the presentation of evidence, throughout the testimony, dylann roof has displayed no emotion. he's just sitting quietly with his defense attorneys at the defense table. jon, back to you. jon: thanks, jonathan. jenna: a teen in critical condition. police say the 14-year-old armed with a knife began waving it at classmates. you are seeing video that captured the story. jonathan. >> this is a disturbing situation and unusually much of the scene leading up to the shooting was caught on camera by fellow students. look here. [inaudible conversations] >> you can see there that the student who is 14-year-old

according to police in the blue t-shirt with one large knife in his hand apparently threatening other students as someone says back up, back up, then the moment the school police officer takes down the student with a single gunshot, witnesses say the officer had ordered the student to drop the knife and fired when he refuse today obey that common. >> once the threat was stopped, the shooting officer immediately began to provide medical aid to the student until emergency assistance arrived. the student was transported to a local hospital where he's being -- where he is being treated for a gunshot wound. at the last report the student was listed in critical condition. >> the incident apparently began when at least two students started fighting at the school. for those who witnessed it all and parents who heard the news and rushed to schools, it was a terrifying few minutes. elling everybody he's going to shoot and stab everybody.

he finally did it and he got shot. >> there was a shooting. i'm desperate. >> the officer who fired the shot is on paid administrative leave that, of course, is routine procedure following these kind of shootings, jenna. jenna: john then, thank you. jon: repeal and replace was a refrain often heard during the presidential campaign but now republicans are taking a different approach to obamacare. we will tell you more about that. plus, wall street breaking new records thanks to the trump bump. so could a santa claus push the dow over the 20,000 mark? we are live at the new york stock exchange.

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switch to liberty mutual and you could save up to $509. call that's liberty stands with you™. liberty mutual insurance. jon: fox news alert, the thundering sound you hear is the bulls running wild on wall street. dow closing at another record high on wednesday. the 12th report setting day since the election and it's up 20 points off the record close right now. so what's going on, let's get the latest from nicole petallides live from the floor of the new york stock exchange. happy folks down there, nicole? nicole: no doubt. happy folks across america.

401(k)'s, ira's. we are talking life-time records. so we are seeing the highest levels ever. in fact, the dow is less than 500 points away. we have seen the trump rally since elected in office in early november and everything has taken off since. let's break it down for you. i noted that the dow jones industrial average had received 19,549. almost down 20,000. it's gained 7% since trump elected. s&p almost 5%. nasdaq almost 4%. these were through yesterday's close and we are gaining more today, slightly. that's worth noting. we have seen financials, we have seen industrials and energy higher. goldman sachs up 30%.

jenna: did you think it was a mistake without democrats went without any bipartisan support. not even one little republican. not little but just in general. >> anything that went wrong republicans with say i didn't vote for it and it's not my problem. the political problem is that 20 million people have gotten insurance as a result of obamacare. what about them? somebody i know and respect very well, his name is chris, ceo of conservative site news max, president obama won the argument

that coverage was the problem. we have to cover people. now republicans have to answer how they would do it and suggested that maybe medicaid is the way to look at it which is filled with ironies. 20 million people one way or another are going to point to republicans, you take that away for me and you fiction the problem. i think it's the latter that republicans want. jenna: expansion in medicaid has been huge under obama and some are looking at it, medicaid is expanded. perhaps medicaid expansion stays because it has nothing to do with the private market and it'll cover some of the people that were absorbed into it. >> it's an enormous cost to state. most of the states took it because the federal government is going to pay for it for a 4 or 5 year period. we can't keep doing this every two years or every four years or six years. i would hope that they take the time, again, do whatever they have to do to repeal it, mostly said that in play. but i think it needs to be

carefully thought through that this is a plan that's going to be for a long time. seem minor adjustment need to be made but this is the jay more overall and you have to make sure it works for doctors and hospitals, you have to make sure it works for insurance companies and employers. it needs to take time and needs to be carefully and successfully. jenna: the question is timing again. you do get health insurance through the company, you had the open enrollment period, we are all essentially signed up but after that there's a big concern. next november, do we see something different? is that really the timeline you're looking at and where do you see democrats joining republicans in some of these efforts? >> well, first of all, let's be clear. most of americans always did and still receive health insurance through employer. we are talking as i said a

significant number of them and ironically many trump voters. obamacare has resulted in increases in coverage. as far as timing goes, regardless of whether or not the republicans in donning put a long fuse on the sunsetting of certain provisions. if they say, don't worry, nothing is going to happen for three years, i still go back too original statement, anything that happens in health care at that point could be blamed of some action in congress. democrats are gettable for republicans if the coverage element is maintained. that is if you say, all right, the people who are covered today will remain covered. we are not going pull the rug from under them, a lot of democrats would be willing to work with you on making the program better. jenna: weigh in on that. there's having coverage and the difference between that seems to be at the core about the issue of what to do with health care right now? >> the problem has been health care, we have young 25,

35-year-old people who are not sick and they don't want to spend enormous cost on health insurance. they would rather put money somewhere else. it's not just a bipartisan support, it's bringing all elements of the health provider system into the play and each of them now has had a system in play for four or five years. they know what does work and doesn't work. at the point in time of redrawing another bill, i don't care it's a republican bill or democrat bill, it's going to be a republican bill. i think it has to fix the healthcare problems. jenna: you optimistic that it could be better, we might have something different? >> it can be better. i think david would say the same. we know what didn't work, we know what needs to be fixed and i think that's the critical thing here. jenna: david. >> never before we passed

something this complex and not gone back to fiction it and make it better. democrats would be anxious for that opportunity. jenna: we will see. thank you very much. great to have you both. >> thank you very much. >> thank you. jon: two on a high-profile murder for hire trial after a florida woman had her first conviction tossed out. why prosecutors are now telling jurors to pay close attention to police recordings of the defendants and her former lover, what the defense is saying, our legal panel weighs in. plus, talk about a hot night on the town, why people are celebrating by hitting each other with burning broom sticks and lighting huge bomb fire s.

jenna: people in wasn't town are taking part in a century-old annual ritual that calls for lighting bomb fires hitting each other with burning broom sticks. jon and i were -- jon: little party. jenna: celebrating the conception of virgin mary before big party closes with dancing, plenty of food, lots of wine which probably helps. interesting sight for spain to consider today. jon: happening now in florida, second trial for dalia underway. the palm beach county woman accused of hiring a hit man to kill her husband. two years ago a judge sentenced her to 20 years in prison but in 2014 the court reversed the conviction that the pool of prospective jurors was tainted by extensive media coverage of her case. in february of this year,

testified in open court that police recordings of her talking to her desire to killed her husband were acting job for a reality tv show, but the defense failed in its attempts to get her case dismissed. last week, jury selection began for retrial. yesterday with the new jury seated, the prosecutor asked the jury to pay close attention to police recordings, that sound an awful lot like hiring plot. >> when it's done, you know, even if you change your mind -- >> no, there's no changing -- i'm positive. >> okay. >> joining us now mercedes, criminal defense attorney and legal analyst. trial attorney. there are so many interesting avenues to explore in this case, one of the things that mercedes

that the defense has objected to is the fact that the evidence being played in court has those on-screen words that they have transcribed the recordings and the defense team is saying, those words on the screen are not evidence, the recordings are evidence but not the words on the screen. can they make that argument stick? >> they can make the argument but it's not going to stick, but frankly the judge -- these are visual aids. you can see it when you saw the video? the voices are muffled. it's visual aid. it's really balance between prejudicial and it's probative for the jury to understand fully the exchange between the two. jon: she said as you just saw in the clip that she was 5,000% sure that she wanted this murder to take place, doesn't that pretty much ice it in the minds of the jurors?

>> no, that could be something that was said early on during exchange with police. she could have changed her mind. it looks like there's difficulty with the police actually being consistent in taping all of the conversations between the defendant and informant and i also disagree with the hearsay is concerned, just because they put it on there, it may or may not reflect what the two parties were saying on the recording, doesn't mean that the jury should see it, they should hear and see the video for themselves and whatever they observe is what controls. jon: she got a new trial, mercedes, because of pretrial publicity. it was extensively covered. on the tv show cops, we will get to that in a moment. she got a new trial because of the pretrial publicity. this time around when the judge is held in the same county, the judge refuses change of venue because of public exposure to

the case, does that surprise you? >> it was a call to arms by the appellate division. she couldn't get a fair trial the first time because of the media publicity. so you're going to go back into the same county, i'm sure the local papers are covering it pretty extensively again. it's actually hitting national waves. here we are talking about it. we are back in the same suit a few years ago, frankly the defense has to keep bringing it up and judge we are not -- ultimately, she may get convicted again. jon: she was -- accused of conspiring with a former lover to have her husband killed. he turned into a police informant and the police got onto this case. they were also working with the fox tv show cops and they actually set up a, quote, unquote, murder scene, a fake murder scene and when she arrived home they told her that her husband had been murdered.

this is how it had been played out in the show cops. >> you want to help your husband. >> no. >> tell us everything you know. >> please, please. jon: dalia sobbing about the death of her husband, the death that she's accused of planning. that will not be seen by the jurors. it's a stream down case this time. does that mean advantage defense here. >> well, it's a proper decision by the judge because that was an obvious set-up. i'm concerned about this police department looking like they are more interested in being on tv than they are about pursuing justice. this case has plenty of problems and i agree with mercedes. the judge could have rule today bring in jurors from another jurisdiction or to change the entire case and move it and that would have been safer. that would have made it at least

appeal-proof on that issue but that's not what they chose to do. >> who is turning up all the tv stuff, she is, it's her defense, not the cops. jon: we will keep the viewers updated on the complicated case. we will be back in a moment.

jon: let's take a peek at what's happening in outnumbered. harris: some are asking if there are too many generals, too much military for the top spots, we will debate. the pros and cons of former military in civilian leadership. >> the growth of isis was not on his intelligence radar. how can that be when he was briefed daily on the topic for years?

harris: #one luck you guy. jon: he always gives himself away. everybody knows he's coming up. all right, we will be watching. thank you. harris: all right. ♪ ♪ jenna: hard to keep up for demand, american classic. live in freeport, maine where the boots are being made. were we have a look at what it takes to make them and fast. american classic is back in style. designed by william bean, the

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>> we will be back here in one hour. >> "outnumbered" starts right now. sandra: fox news alert for you. we are looking live as well as you are in midtown man at that s he will meet ford ceo alan mulally. consider -- kcke restaurant ceo, andy puzder will be labor secretary but not without controversy. we #oneluckyguy fox news senior judicial analyst, judge andrew napolitano. t