>> merry christmas to you. we're going to pop up online in a few seconds. and can you join us facebook live, our handle is outnumbered fnc, we are back tomorrow at noon eastern. now. fear are and outrage after a series of terror attacks shock europe and the world. >> it carried on past us. >> ahead how u.s. leaders are responding and protecting us here at home. and a look at the scandal that team clinton said cost them a presidency. the new information about p the investigation that put the democratic nominee's e-mails

back in the the headline. unsolved serial killer case in long island. why a victimy's family attorney is now pointing the attorney at a former police chief. it is all "happening now". >> we begin with a fox news alert. country's on edge in the height of the holiday season after violent attacks in the cities. >> i am jenna lee. and fallout around the world and here as well. they are reeling after everything from a deadly christmas market truck attack and a mosque student is involved in all of this. and beefing up security in high profile areas as well. we start with rich, who is live with the latest, rich? >> good afternoon, jenna.

the state department is continually updating and evaluating the security situation in turkeyy and as a result closed embassy and consulates. a man shot a gun at the near of the u.s. embassy, after the assassin killed the russian ambassador to turkey. the gunman shouted about syria and aleppo. remember that russia is backing the assad reg min. and the shooter was an off duty police officer who used credentials to get in the building. it is unclear how he managed to get behind the ambassador before shooting him. and the investigation in germany, after a truck plowed through a crowd. no group claimed responsibility. isis did urge vehicle attacks to

cause mass casulties that draw large crowd. remember the truck attack in the bastille day celebration. john kirby was speaking with bill hemmer who questioned whether they are a result of the u.s. withdrawal from the middle east? >> i take strong issue that we achieve peace through withdrawal. the united states is engaged in more places than before. >> terrorism shouldn't be a partisan issue. it should be something that 1 or 2 nation states focus on and all of us need to focus on it because it is a pervasive threat. >> in germany, a man is in custody with an immigrant who is seeking asylum.

and so the investigation there continues, jenna and john, back to you. >> rich, thank you. >> and breaking news out of germany. reutters reporting that the suspect in the attack was released by authorities. the manhunt for whomever drove that truck in a crowded christmas market, that manhunt continues. we'll bring in ab stoodard. who is editor in chief of the daily call canner. we got a tweet after the truck attack from donald trump blaming it on islamic terrorism. things are different with with the incoming administration compared with the outgoing. >> the response will be swift and firm and will be different.

and donald trump doesn't like to wait for the investigations to conclude. and if you look at what happened yesterday in several different locations, they are not the same. the assassination. russian ambassador to turkey was done by a man who both praised allah, while obviously targetying the russians for are their compliceitty in war crimes under bashar assad in syria and in aleppo and the rest of the country. it is complicated and not that simple. we are are waiting for specifics from the incoming trump administration about why and how his solutions and prescriptions for combating isis here and abroad will be different. we heard a great interview that general did and asked for more are specifics. and kellyann talks about visa overstay and we'll hear

something i think after the end of the january. there is not specific and new prescription for combating isis come canning from trump as of late. >> let me play a bit of the interview. she said addressing the terrorism and addressing that is something that she feels americans have been yearning for. >> it was a centerpiece and how he ran and won frankly as president of the united states. as a pollster for years, americans made clear they would prefer that all of the violence stay over there with people arguing amongst themselves and we know it is on our shores. americans feel less safe than they did eight years ago which was a key point of our campaign. >> so president-elect trump and

general flynn, his national security advisor have their hands full. >> general flynn is known fors his insistence of how dangerous radical islamic terrorism is. and that is obviously that trump is in agreement with with and he's coming out early and decisively because he has a man date to do that. he will govern as a president. he's not in control as of yet and only able to issue statements. but he will be decisive in a way that obama has which is to constantly dither and moderate a debate of warring factions. obama doesn't believe that radical islam is an issue. and doesn't want to fan the flames and reaction to identifying islamic terrorism is a problem. and so they are two very

different men as we discussed and donald trump said i am against terror in all forms. >> the syria problem that is in the obama years, ab, there are signs that the russian and the turks are maybe getting on the same page with regard to ending the violence. but the assassination of the russian ambassador by a turkish policemen can't help? >> yes, it is fragile right now. turkey and iran and russia are are trying to work out a mutual agreement. we don't know where the u.s. plays into that. we know trump has a pro russia state and sounds like he's willing to it work with vladimar putin on conflicts in the middle

east. he has not critized russia role in syria and taking part and being compliceit in war crime and helping bashar assad kill his people. he only said that russia is combating isis there. going forward. the syrian conflict is hideous and you can criticize obama and the fact he didn't earlier. it is a huge challenge for trump and a pris'm of what russia is doing in the war. >> he's not given a lot of specifics of how he intends to combat islamic terrorism and extremism. what is job one for the the president once he takes office. >> it is to assess the situation and military floating and anything involved in this. and to abbe's point being able to take on russia in the way

syria is being treated. the reality is that president obama had time to negotiate and opening up relations with cuba often went in different way withes for an outcome. donald trump will look to how to resolve the affairs specifically in syria >> there was a redline announcement from president obama that a lot of people blame for much of the mess that syria is right now. vince, ab, thank you both. >> after the deadly truck attack in berlin, officials are are beefing up security. julie? >> reporter: the nypd is always

watching carefully and the breaking news of the suspect that they had taken into custed on one was released. the berlin police questioned that person and now that person is released and that means the driver is still out there and the suspect is on the loose and the investigation isongoing. as long as the investigation is ongoing and authorities can get answers as to whether it was accident, they are treating it as a terror attack. and particularly at christmas markets in union square. the nypd has deployed critical response units not only in christmas market and rolling from one to it the other not in a planned method, but they will continue to do that until more is learned about the attack yesterday in berlin. >> we see the attack in germany, our european flash back to the

targets and how was it done. it was a truck and christmas market. we go to the new york overlay, where are the christmas markets? and they are here and here and here. and deploy long gun and critical command teams and we try to learn more. >> reporter: last month, the state department issued a traffic alert on europe and urging caution in holiday outdoor event and markets. they will cover all high profile in new york until more is learned about the motive in berlin. they don't have answers and they released them and continued to look for the driver and no one can confirm whether it was an accident or attack. germ man officials are investigating it as a terrorist attack and they are urging shopper ares to go about their

business as usual and urge new york ares to understand there is no credible threat in the christmas market and as you can see by the shoppers, they are are not taken aback by either. and of course, they are remaining vigilant back here in union square. back to you. >> a gunman shoots and kills a russian ambassador. what can we learn about the ambassador, on the syrian crisis. an american under water drone yanked from the ocean and the china's navy.

that under water drone belonging to the u.s. navy. and the chinese vessel that seize the the drone. and near to where they seized it. and that occurred in the philippine and raising concerns that tensions between china and the u.s. are about to escacanalate. the ships will operate in the area as allowed by international law. >> the body of the russian ambassador is taken home while he was murdered. the shooter and off duty riot policemen, shouted about aleppo

and he was later killed by police. and the apphotographer was there. and all of this was in the meetingment and that is in georgetown. and that is what you are talking about. and you might think that the russian embassy murdered. it would increase temperatures in the country. you think it could increase cooperation. why is that? >> jenna, if you look at what the russian and turkish press is saying, they are using the same language and talking about the need to continue and cooperating with one another. and also on policy in syria going forward. they are using the same kinds of term and same terms that are showing up in the the official

press releases in the putt pin regime and in turkey. and one of the things i found interesting is the degree which both governments are referring to a third force as being behind the assassination rather than blaming one another. >> a russian official reportedly said thatty he thought a nato country was behind the murder of a russian ambassador. what do you make of this? >> that is predictable. and the noise you will hear, it will eventually die down as investigators from russia and turkey get a better sense of where the assassen was froe from and how he was radicalized and the big question to consider is whether he was radicalized in

turkey or somebody radicalized by an outside force. my current assumption and view it looks internal rather than isis. and the facts will tell and we need to let the facts lead us. >> and what is significant to find out the answer that you pose? >> there is a tendency to look at everything that happens in the middle east or islamic world directly related to isis and al-qaeda because that is the way we understand threats to national security. but in turkey, there are three big terrorist organizations inside of turkey that use force. the first is isis, but they tend to use force against civilian than targeted assassination. and kurdish tend upon to be supported by russia rather than

attacking russian. and this is a turbish speaking ethnic turk from western turkeyy and then other groups trying to over throw the regime. it is important to remember that we had an attempted coup in the summer and the turkish government is purging people. and so one of them is the turkish national police. same organization that the assassin was working for. >> and you know, they are are targeting those officials inside of their country. speaking to kelly ann conway. and we asked her about mr. trump's counter terrorism strategy in a speech in august. we looked at it during the break. we could find upon common ground with russia. they, too, have much at stake

and own battles with islamic terrorism. given the intertwining of russia and turkey and as it applies to syria can and also the references both are making to the third party that is responsible for mischief inside their countries. >> it is important to remember that the coup in turkey. turkey went away from participating against the western cocan alition against the assad regime and aligned it more with with the russian approach and iranian approach. that is a development for a nato ally and that is concerning in recent months. mr. trump's statements finding common cause can with russian federation and others on iis sis are true. but true in a super official sort of way. look at who the putin regime is working with, it is our greatest

adversaries. iran and syrian government and the same people who are making things less stable in the region. >> i am getting cut off. but p thank you and we'll continue to talk more about it. we'll be right back with more "happening now". the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance.

>> another fox alert. looking at the search warrant associated with the reopening of the hillary clinton e-mail investigation and forced the scandal back in the headlines. as you know, it was controversial and the federal judge ordered documents to be released. and here's how it unfolded. >> the fbi james comey would recommend no charges for mrs. clinton for the handling of the information.

but comey on october 28th that new e-mails were investigated on a lap top belonging to anthoniy weiner and his wife huma abedin. comey got a warrant and sxmed the e-mails and said the new evidence did not change the fbi's previous conclusion that clinton should not be charged. a federal judge ordered documents to be be released publicly. what are we learning about why comey decided to reopen or readdress the case can. greg jarret. they came out at noon. and so we have been looking over these. what do they tell us about why the fbi director reopened the case. >> well, it does confirm what we thought. you know, here the feds are investigating anthony weiner for

sexting girls and they found thousands of e-mails and sent or received by huma abedin. some of them look from the header like they might contain classified information on on what the fbi called an unclassified system. not only her server but weiner's lap top. they couldn't tell until they examined the contents. search warrant was approved by the judge and the warrant confirms that the fbi was looking for evidence of a crime, specifically new e-mails contained on clinton's private server which the warrant describe as unauthorized and the fbi interestingly jenna, looking for whether there were computer intrusions or hacking. >> and what we are seeing from the warrant, there is information in the warrant and we are not getting everything. but an idea. and based on what you have seen so far, did it seem appropriate

that the fbi needed a search warrant? >> it does. let me show you. look at all of that blacked area, jenna, they are are redaktive line and so it's really hard to follow this. but it appears to be you know, this is a warrant application only and not getting results. and it recounts that it the fbi had already seized classesified documents on other e-mails and servers and that belies what clinton claimed all along that none of the stuff was classified when it was sent. this said says it was classified. that seems to justify the reopening by comb canny. but it is closed two days before the election and that suggests that nothing was found pursuant to the warrant application.

and we don't know that for sure. just taking comey's word for it. the guy who asked for the full request to release this it. issued a statement. he's a lawyer from los angeles and basically said i see nothing in here that would warrant cause can for search of the lap top. that's his way of saying that hillary clinton was mistreated here when the fbi sought the search warpt warrant and reopened the investigation. others would disagree. if they found new classified documents on the lap top, it might have been a violation of the law even though comey said there was none. >> they had no idea what they would find. >> exactly, you have to look. when you see documents heading that look classified, you have

to look at them and see if they are new or not or something different than what the fbi already had. and it is the application only. and unless an inventory was found and released, we'll never know. >> that is fascinating. and we with are 90 minutes in looking through it. and it is great to have that update. >> president obama continues the trend of breaking records on the clemency front. he's not finish it yet. who is next on the list. we'll have a update. and a key ruling in the kyakt murder case in which a woman is accused of killing her fiance on the hudson river are. what will jury will be allowed to hear and see and the huge impact on the case. our legal panel weighs in. [ crowd noise ]

whoa. [ gears stopping ] when your pain reliever stops working, your whole day stops. try this. but just one aleve has the strength to stop pain for 12 hours. tylenol and advil can quit after 6. so live your whole day, not part... with 12 hour aleve. my lineage was the vecchios and zuccolis. through ancestry, through dna i found out that i was only 16% italian.

he was 34% eastern european. so i went onto ancestry, soon learned that one of our ancestors we thought was italian was eastern european. this is my ancestor who i didn't know about. he looks a little bit like me, yes. ancestry has many paths to discovering your story. get started for free at ancestry.com

>> fox news alert. four jordan policemen are dead after a battle with gun men not far from the site of the terrorist attack over the weekend. this incident was not connected with that attack. they were raiding a fugitive's hide out and the gunfire started. two fugitives are in custody. over the weekend, gun men kill canned nine and a canadian tourist. and isis claimed responsibility.

we'll have more on the breaking news. >> police in switzerland said no indication of terror or far right ties to the gunman who killed himself after opening fire in a mosque in zsh ucich. two worshipers were wounded and the gunman was a 24-year-old swiss citizen might be behind the stabbing indicatings of an acquaintance. >> and they granted clemency to the most number of people. and more could be on the way. white house correspondent is in hawaii with more on all of this. kevin? >> reporter: jenna, always nice to talk to you. a record- setting day and change the lives of those involved and challenged the way criminal justice reform is viewed.

they have come to expect pardon and there is no question that we'll see a great many more of these. we'll take you to the numbers that are impressive when you consider that he would slow down the pace. 78 pardons yesterday. along with one commutations. >> he's bolsters the resources in the department of justice to have what they need to review applications. and that process continues in earnest and i expect it to continue for the rest of the time the president is in office. >> reporter: what of the fate of the controversial figures that we talked about in length.

including bo bergdahl and snowden. there is no indication he would pardon either man. and snowden has yet to be formally charged. and he's been holded up in russia congressman from republican from california called snowden a traitor. and we are seeing 22 members of a bipartisan committee wrote a letter to reject the deal with snowden. you never know how he will rule. and we'll watch out carefully. >> thank you, kevin. no delay in the trial of a young woman who goaded her boyfriend to kill himself.

michelle carter will go to it trial in march for manslaughter in connection with the death of conray roy. and joining us is former head county prosecutor and trial attorney. her side says this is a silly charge. you can't charge her with manslaughter just because she text messaged this boy, what is your take. >> continuing with what her side saying and not that i believe it. and bob can get on with the prosecutions, but she said look,you can't prove causation. yes, they had mental issues and on psychotic drugs that is antidepressant and said these things, but it was like what

teenagers would say to each other and did not cause his death. and but for her text, he wouldn't have killed herself. he still would have kill canned himself. and that takes away the criminal responsible and text were bad and inappropriate but he would have killed away. >> before you take it away, bob. we'll get to it the text, and wrote him like you just have to do it and tonight is the night and painless and quick. and also one time after he started his truck in the garage in an opportunity to kill himself and became afraid and she writings. i just want to it make sure tonight is the real thing.

that is not sounding like innocent on the girlfriend. >> the death may have been unintend it and the person said caused it is death of another person. and you have to add to statements here. and in the end of the text, she indicates i knew it was my fault. she instructed him how to get the generator and put it together and how he made sure to complete the task. he was concerned he would not die. and her conduct went beyond mere words. and the prosecutor would say, it was reckless and add that last statement. i knew he did it and it's my fault. and that's going to be the end of the case can. and the other end with the

defense i have to take the defense. she was as brain washed as he was and the fact he brain washed her it is a stretch but one person on the the jury believes that, she was brain washed and she didn't mean it to happen. and that's hardest word cause it to happen. >> but we'll keep our viewers updated and now another case that involves some wild statements from a female defendant. kyakt murder case in new york and a blow to the defense after the judge ruled that the jury will watch her police interrogation video and she made incriminating statements. she is accused of killing her fiance in a kyakting trip. that went on eight hours.

and her defense said they wore her down and got her to say stuff that was not true and english is not her first language. >> russian is her first language and she's been here 25 years and most of the things she said was not a full on confession. and incriminating things was before she was mir anodize and her defense attorney will jump on that. and even after she was mir anodized. she didn't understand know the warning. she didn't understand the english language enough to have that. bob, take it away. >> she said in the investigation who is miranda. >> but she understood her rights she said. and the judge a is allowing the

video to it be seen by the jury. she's able to respond in english without difficulty. and what i love about this case can. in the end of the actual statement when it was over, she blurts out. i want to kill him and i want him to dead and now he's gone and i am fine with it. >> they realized she did it and shine said there is a good angel and a bad angel. and i was torn apart and 250,000 in insurance motive. and sexual aivities. and they have motive, mean and opportunity. >> they have a lot. >> we are trying for the defense here. >> you did a good job. >> that's a fascinating case to watch. >> thank you you very much. >> speaking of fascinating cases. we have new information on the

serial killer case. an attorney pushing for an investigation in an expolice commissioner after the bodies of multiple women turned up. some are questioning his connection to the case. next.

see me. see me. don't stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance.

do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections and lowered ability to fight them may occur... ...tell your doctor if you have an infection or symptoms... ...such as fever, sweats, chills, muscle aches or cough. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me. see me. see me. on my way. find clear skin... and a clearer path forward. for a different kind of medicine, ask your dermatologist about cosentyx. >> new information on a serial kill can -- killer mystery.

the disgraced police official may have connections to 10 to 17 women who were murdered by the so- called serial killer on long island. they were discovered in the beach after officials started to search for shannon gilbert. josh is a documentation and investigator and director of the killing season that is available on amazon and you researched in depth what happened upon to the women. we have twist and turns to the case and our viewers would be able to search on amazon. tell us about the police official and why he is back in the news in this case. >> james berg was the former are chief of police and eventually arrested and sentenced 46 months for violating.

>> and he goes away. and a worker tweeted us with new information. allegedly she had sex with with james burke in oak beach which is literally four miles from where the bodies were found five months after it happened. you have to question what is going on here. >> we went out a few years ago to look at this area. it is extremely desolate. and there are homes and some of the bodies were discover canned. and the fbi at a certain point got involved in the investigation. but they were not involved. and a lot had to do with with the police chief that is now being questioned. talk to us about that. >> in fact we know that the former police chief and the da, prevented the fbi from coming in

to the case. detectives asked for more help and they said we don't need it. and now we are asking why? the idea is that the police chief and the da, didn't want the fbi looking at their behavior. >> it was because of the pornography? or something going on they were trying to hide from the fbi? they didn't want the fbi around. what do you think. are they connected in some way to the murders? >> they haven't released shannon gilbert's 911 call and in which she's referring to a police official on the tape saying that is the person trying to kill her or get this person. >> the 911 call is long. not like it is seconds. >> it is 23 minutes long. what were you told about the tapes. >> we are told they are part of

evidence and we say as does the estate lawyer saying we need to know what is on the tapes. at this point it is it a public safety issue. >> especially if the killer is out there. and we did our own investigation as well, and some say it is a coincidence. and this is a area bodies can be dumped. but that is what we were told when we asked questions and. s now there is information about body parts that are found. and if you can can summarize and there is another twist as well. >> one of the last things we were doing wrapping up the series and wanted to get jane doe number three in a public database so people can identify who she is. in asking the nassau county medical examiner's office to put p the record in, they were forced to release that the

individual is listeninged to a torso found in 1997 in hemp stead that is 40 miles away. >> that means the person who killed her was on the loose since >> does that mean whoever did it was doing this in 1997? >> now actually 1996. and we also know the suffix downty and nassau pd knew there was a connection for a year and a half. >> we have -- these are some of the most vulnerable people -- hopefully we're closer to some answers. it sounds like you have another series ahead of you. it's great to have you back. john? >> one of the biggest states in the country seeing a surge in gun sales right now.

some report sales have doubled ahead of the new year. what's behind it? at planters we know how to throw a remarkable holiday party. just serve classy snacks and be a gracious host, no matter who shows up.

do you like nuts?

hi, everyone. german authorities releasing a man they had in custody for the christmas market terror attack. plus, also looking at why the christmas markets here in the united states and aboard are so hard to protect. and skok walker writing president-elect donald trump writing a letter today saying he wants more control over how refugees are let in to the united states. well have more on that. >> a surge in gun sales being reported in california ahead of

sweeping gun control legislation set to take effect there. what is fuelling the fight? william has a look. >> people want what they can't have, right, john? they have just 36 hours today and tomorrow to buy the number one selling gun in america. the ar-15, until it is banned. the law against these weapons do not take effect until january 1, but there is a waiting period so they need to apply by tomorrow. >> i am here because i believe in love and karma, but should that bottom out, i have an ar-15.

>> gun sales including handguns are up 40% this year. governor jerry brouwn signed a deal saying it would not violate the second about. >> there are criminals out there and this does not even begin to be compliant. and they are looking for magazines that hold more than ten rounds. >> retro gifts that come all of the way back from the 1980s. that's next.

well, in our final 30, back to the future at best buy. you can get a new version of nintendo's vintage gaming system. >> thousands are lining up for

the retro gift. i understand, i always wanted one. >> i had one of those. >> did you? >> yeah, i'm not very good at it. >> thank you for joining us. >> america's news headquarters. >> starting off with a fox news alert right now. police in berlin say the pakistani resident they arrested in connection with the truck attack has now been released. we're in a state of war. a terrorist drove a truck into the market and that suspect is still at large. a market that is similar to the christmas market there, but first we go to fran who is in berlin with the latest on the investigation there.