gone today at 84. i didn't realize he's the man to thank for so many memories i don't remember. heather: go home and have a drink in the red cup. >> this one is to you, robert. heather: happening now starts right now. jon: we begin with president obama making last-minute moves before the administration takes over and roughening a few feathers. melissa: president establishing to two new national monuments in the west preserving 1.3 million acres of land in utah and nevada despite

residents and representatives. jon: president trump has unvowed to do the agenda, whether he can reverse national monuments is unclear. let's talk about erin from the paste -- washington post. why is it unclear? >> the president used an authority since 1906. we haven't seen an example of a president trying to undo one of those designations, so we really are in unchartered territory if president-elect trump does want to undo this specific designation. now, we don't know specifically if this is one he will object to. certainly many republicans in congress do. but this would be one of the areas where there could be a

legal fight if they do decide to fight back. jon: president-elect trump maintains that the fact that he's moving into the white house is a direct repudiation of so much of the obama administration stands for and yet, the outgoing president seems to go pedal to the metal to get some of these things done that he thinks are important, witness the banning of drilling on the atlantic shelf and arctic, that kind of thing. >> yeah, it's been a active lame-duck session for president obama. not the legislation, of course, with congress but via his executive actions which, of course, has been a long-standing objections that republicans have had. another thing in recent days along those lines have been secretary kerry's speech yesterday concerning the israeli settlements in the west bank. this is something that president-elect trump called out on twitter said that he opposed. many republicans think, i believe, think is an effort to

hamstring the incoming administration when it comes to this particular issue. so, you know, there's been a lot of nice talk from the outgoing administration of a smooth transition and working with president-elect trump but they certainly sought to get a last few efforts and executive action that is they can take before president obama's time is done. jon: what about precedent here? is this typical thing that presidents do as administrations are coming to a close? >> you know, it's hard to say with any certainty. i think, you know, generally what they try to do in the lame-duck sessions is try and get some more legislation passed before a new congress takes over, maybe a different party takes over, that wasn't really on the table this time given the republicans already had control of the congress. you know, these are, you know, kind of -- not -- small parts of

what the obama administration has done. you look at the monument designations, 1.35 million acres, the obama administration has done this thing for 550 acres so it's a relatively small portion. waiting until the end of the presidency when the administration doesn't have to answer for this for a very long time is certainly something that republicans are going cry foul about. jon: back to the two national monuments that the president has created, i'm from the west, there's a lot of federal land out there already, it's always controversial when somebody in washington takes a bunch of land in the west and says, okay, you cannot drill for oil or gas or do anything on these lands and even the local populations there are very divided about the wisdom of the president's designation. >> yeah, i think this is really something that easterners don't even understand. i don't think a lot of people

outside of the west really understand just what a major issue this is in utah, nevada, basically all west of the mississippi river, you know, i think a good example of that is the stand-off involving the bundy involve, a couple of standoffs, these are very passionate issues. the west is a very independent region of the country, they don't love the idea that the federal government is necessarily taking over their land which is what they view as, the federal government views them as essentially protecting the lands from oil, other kinds of thicks, stepping forward to make sure these areas are preserved. there's a very strong ideological split that sometimes spills over into some very heated standoffs like we have seen in recent years. jon: there's also a plan that donald trump is floating to let veterans bypass the veterans administration and go to a private doctor if they need care.

seems like a great idea but is it workable? >> yeah, in theory it's something that would -- with plenty of support give health care options. we don't know how it would be implemented specifically, what form it would take, i do think there would be about basically opening up the va system which has been kind of a closed system all of these years allowing veterans to use that system, giving them the option to use other physicians, what impact would that have on the va system that's been set up, certainly the va system has had immense problems in recent years and there's plenty of impetus in washington for fixing the problems. i think this is something if it's going to need support and what it'll take. jon: interesting times as one administration leaves and another one takes office. i know you'll be there to cover

it in washington, eric blake, washington post. >> thanks, jon. melissa: holiday reels from another tragic loss. carrie fisher's mother died, debbie reynolds suffered a stroke while planning her daughter's funeral. stars and fans around the world are remembering debbie reynolds whose career span more than six decades. claudia is live in los angeles, claudia, it is so sad. >> and hollywood is in shock, melissa, you're right. it is so sad losing the mother-daughter icons two days apart. one-two punch. son todd fisher said his daughter's death devastated his mother. she was rushed to the hospital and died within hours, we have picture of the balance driving

away shot by tmz. his mother talked about building some kind of monument for carrie that would be big enough for her. no one thought that they would go at the same time. here you see the video shot by tmz, while many fans were honoring carrii fisher near disneyland, niece broke that her mother had died. >> just a great singer and great actress and a whole lot to hollywood. will be well remembered by the fans. >> i've heard that her last words were i want to be with carrii and now she is. >> just like carrie when she made star wars she made fame at 19, she learned how to dance in three months in singing in the rain and became a hollywood legend but never found successful in marriage.

reynolds divorced three times most famously to fisher's father who left her for her friend elizabeth taylor, the relationship with daughter carrii was often strain bus they had reconciled in recent years. melissa. melissa: claudia, thank you for that report, jon. jon: fox extreme weather alert on a major winter storm bearing on the northeast, millions of people getting ready for a blizzard ahead of the new year. senior meteorologist janice dean in fox extreme weather center. am i going to have to come over and shovel for you today? >> not yet, not yet, jon scott. i'm glad you offered. current temperatures across the map, 43 in new york. the storm is about to get its act together. too warm in new york, too warm along the coast to get snowfall totals, interiors sections of

the northeast and new england will certainly see big-time snows. there's our frontal system ahead of it. warmer temperatures and we could see potential for severe storms, including isolated tornadoes, we saw a report of that one in georgia. watching the system as it develops comes off the coast and strengths over the next 24 hours, we think this does have the potential to bring in gusty wind and inches and inches of snow. taking a lock at the forecast temperature, 4:00 p.m. thursday, moving off long island and the coastal areas of new england will get a rain event but then we will see the snow across interior sections, portions of up state new york also the lake-effect snow machine. as we go, this gets cranked up. it drops in pressure, 24milibars in 24 hours and crank up as it moves in canada.

so winter weather advisories, new england, upwards of 2 feet of snow as the storm really gets its act together heading into friday and through saturday and sunday, jon scott. jon: that's new year's eve, right? janice: yes. jon: we are coming to the end of the new year, i think i've heard that. janice: yes, we are, we are, indeed. what's going to happen to eric and kimberley's hair when they are outside, fox news alert, mostly cloudy skies, don't think we are going to see any cloudy skies, temperatures 38-39. that's not bad melissa, jon scott. the coldest was 1. windchill was minus 21. they have nothing to complain about and most of the country will be quiet with seasonal temperatures. no big storms on the horizon and

no big cold outbreak, that's the good news, i'm happy to deliver that to you today. jon: i've been learning from melissa it's important to keep one's hair looking good. [laughter] >> i'm word about eric's hair personally. it's eric's hair that's my focus. janice: god bless the hair and makeup people here, they are magicians. melissa: that is true. janice: jon doesn't need any help. melissa: no. jon: janice dean, thank you much. melissa: lawmakers on both sides of the aisle reacting to new war of words between the obama administration and israel's prime minister. plus a u.s. military helicopter crashes, now investigators are trying to determine what caused the deadly accident. >> my wife screamed and we heard a lout pop. parts were going everywhere and

we saw it going straight down

jon: u.s. army investigating the deadly crash of apache helicopter in texas, ended up in galveston bay. witnesses report hearing a loud pop and when they looked up they saw pieces of the aircraft falling off as it plummeted into the bay. the army says the chopper was on a routine flight.

no word on the crash. melissa: new fallout from escalating battle between key ally in the middle east after secretary kerry slammed israel. netanyahu government in a speech you heard in happening now yesterday, kerry pushed for a two-state solution and defended the u.s. decision to abstain from a security council resolution condemning israeli settlements. prime minister netanyahu firing right back saying israel doesn't need a lecture on peace from foreign leaders. joining us now is mark, he is executive director for the foundation for defense of democracies, thank you so much for joining us. >> thank you. melissa: it seems like the obama administration has a checklist of things they are doing on the way out the door and this is one of them. it felt like lighting fire to the situation. a lot of people viewed it that way. do you think the goal is -- some have speculated the tense

relationship between president obama and benjamin netanyahu even leaving sort of a mess for donald trump or is it about his sincere approach to the middle east and the idea, you know, that the west has become too much of a focus? >> well, i think john kerry and barack obama do sincerely believe that they are right in pushing israel in this direction. i think, unfortunately, their view is not shared by most american who is understand that israel is a loyal ally of the united states under attack by radical islamist and antiarab rejectionist and israel is fighting the same enemies we are fighting and that the last-minute stab in the back is not something that's going to help give israelis the confidence to take the steps for peace that everybody believes will one day be necessary. melissa: if the goal was, you know, to find peace, it seems like a lot of what was achieved

by this speech, though, was antagonizing netanyahu and sending him to the arms of donald trump who comes in next, they tweeted about this and have this relationship, it may backfire on what the administration's intention was, your thoughts on that? >> i think it'ckfire, i think wd trump understands what barack obama doesn't you said is that the only way that you'll get israelis to once again give up land, every time they get up land they get filled with radical islamic forces, the only they way are going to take risk and give up land for peace is if they believe the united states has their back and barack obama has not had israel's back for years. donald trump understands that. if there's no daylight between united states and israel, israel's leader may be prepared to take enormous risks for peace that everybody is demanding. melissa: one of the assertions

that was made yesterday by secretary kerry was this idea that, you know, in a one-state solution that israel can't be both jewish state and democracy, do you accept that? >> i think everybody believes that there needs to be a two-state solution, the united states should not be supporting creation of a second state that would be a terror state, antiamerican and that will further add to enormous instability and crisis in the middle east. you can be a strong believer in two-state solution but you have to be a strong believer in state that's liberal, democratic and transparent and treats its own people right and treats its neighbors right. i think that that is the overwhelming con sense news the united states, both democrats and republicans, you saw the reaction from leaders in congress on both sides of the aisle who reject that barack obama-john kerry vision of what it takes to get peace. melissa: as both sides have sort of made their case in the past

24 hours some people have wondered maybe the two-state solution is not the solution. what do you think about that? do you believe a two-state solution is the best solution? >> i do think a two-state solution is the best solution. it's a plausible solution but not now, not until the palestinians end their incitement and terrorism and end firing missiles into israeli cities and car attacks. they cannot get a state on the basis of terrorism and murder other people's children. that's not from the united states should support. the palestinians after decades and decades of rejecting peace offers comes to the table and negotiate bilateral an agreement by the israelis, it gives israel security then the palestinians can get independent state. not until then. melissa: thanks for joining us, i appreciate your time. >> thank you. jon: well, the santa claus rally is stalling a bit as the dow

struggles to get 20,000 and will your 401(k) grow by leaps and bounds in the new year, we will take a look. a woman taking soul cycle after one class claiming a too tough instructor gave her permanent injuries, our legal panel on whether she has a case

jon: well, right now the dow jones is within striking distance of 20,000 but we will reach the milestone before 2017? take a look. not heading in the right direction right now. down 7 points on this day. fox business network nicole petallides live tat new york stock exchange, nicole. nicole: jon, it certainly can be done, right, all you need is a good afternoon and tomorrow have a good day on wall street for the tune about 180 points altogether. dow 20,000. we have gotten close over the

last couple of weeks, 13 points or so but weren't able to cross through it. i will say that things are still feeling pretty good. you have consumer confidence at 15-year highs, jobless claims came in, they are still good enough. some traders are still having high hopes for the santa claus rally. take a look what the santa claus rally means. the last five days of the year, first two days of the new year and historically 1.5% gain in stocks since 1950 for s&p 500. so that means that we could have a good last few days and into the new year and maybe that could boost us to dow 20,000, however, i will say that this is back in '72, the hersh family made this single up, if santa claus should fail to call, meaning that we are not seeing it, we are down a half a percent. if santa claus should fail to call and here is the jingle

bears my come to broad and wall. now, investors be ware, you certainly don't want that song, what's been leading our charge here for the last quarter since trump was elected, you could see goldman sachs, boeing, so maybe we just need a great headline from donald trump one more good peace of economic news, maybe it's the trump-ryan agenda when it finally gets to go through. while there's cautionary tone on wall street and a lot of traders i just asked said, no, there's still some holding on, i can tell you. we just have to hold on the dow almost 20,000, sorry. jon: you need a red and white santa hat. melissa: that's the problem. jon: there you go. be watching for it, nicole. thanks, nicole petallides. melissa: interesting new legal case this morning. a woman is suing soul cycle

after taking just one spin class, claiming her instructor was too hard on her and she landed in the hospital, let's bring in legal panel ebone williams, philip hallway, criminal defense attorney and former police officer, thanks to both of you for joining us. i will start with you. she went to soul cycle for the very first time, she had never done it before and the instructor knew it was her first time but kept coming over making the bicycle harder and caused this condition which causes your muscle tissue to break down, what do you think? >> well, melissa, anyone who has gone to a soul cycle class, that includes me a freak for a second but i wing myself. it's a soul cycle, it's a signature format and style. i'm sure philip will agree, this is a negligence claim an it all

comes down what duty did the soul cycle have and did they breech the duty. when you look at it from a legal component, i don't see a strong case, mel sa, -- melissa where the reasonableness of this expectation of this plaintiff here to have, you know, instructor kind of guide you step by step through it in a way that most people figure out on their own, i think it's a bit of a high bar. melissa: philip the condition she has a permanent condition that results in muscle tissue breaking down that can cause kidney failure, by the way. it's usually caused by struck by lighting, bitten by snake or body crushed by auto accident or a building collapses on you. how is she going to prove that she got that serious of a condition from 45 minutes of

cycling? >> it's very difficult to disagree with my friend. voluntary assumption of a known risk. i have read online waiver of liability and it says, look, this can cause catastrophic damage and you are have to sign basically saying that you understand that and, look, let's face it at the end to have day, she could have stopped peddling if she felt things were getting out of control. there was also the issue of contributory negligence. even if she can get past the bar, there's the issue of whether the plaintiff beared some degree of responsible. she has a lot to get past, if she could, hypothetically and i don't think she can, she has to prove damages an that's where the serious medical condition comes in and if she's injured as badly as is reported to be, the damages could be quite high, i don't see them getting there.

melissa: ownership not a lawyer, you can't sign away your rights, they can't give you a release and you sign away what is unreasonable and also at the same time trying to be on soul cycle's side, they may want to get rid of this, bad pr, it's not the first time they've been sued. there was another woman that broke her ankle on the bike and she claimed to talk to one of the instructors and said, we don't do breaks, they try and kind of pump you up to get through it. it's not totally unprecedented and they may just want to stop the pr, what do you think? >> no, not at all. you should sign up for your first year, melissa. no, that was the la case you're references and that settled, a hundred thousand dollars, not a high settlement there but because of your point, ultimately by the time you pay litigators to hash this out it's easier to settle. there was also a new york case and that was dismissed on merits.

it's interesting, though, all of the cases against soul cycle only erupted when it was sold to equinox. phil and i raise an eyebrow with that. melissa: thanks to both of you, love it. jon: serious five-year civil war might come to an end and vladimir putin is handing the obama administration a parting insult by offering the next president a seat at the negotiation table. we will get into that. plus you might have seen ads for the holiday season, but amazon's new echo voice assistant is now in, well, a legal case because prosecutors want amazon to hand over recordings as evidence in a murder investigation.

afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me.

jon: fox news alert out of syria where a cease fire is said to be effect tonight by a deal with russia and turkey and a parting shot at president obama, russia has invited president-elect trump to participate in upcoming peace talks once he takes office. senior foreign affairs

correspondent joins us live from london, what do we know about this peace deal, greg? >> jon, probably the most remarkable thing about this deal is it could be the first cease fire in nearly six years, the chance of working. russian president vladimir putin announced the deal, it calls for the syrian government and opposition groups to lay down their weapons at a midnight time, that's 45:00 p.m. -- 5:00 p.m. eastern today, syria has announced halting in fighting that left hundreds of thousands death and millions displaced around syria and around the world and so moderate rebels excluded in the deal, that could be a complication, but a key element in this is that several principal supporters, that includes president erdogoan of turkey

which back it is rebels, to cease, that includes russia and iran that back bashar al-assad. jon: you have russia, iran and maybe turkey involved. what role does the u.s. play? >> remarkable stuff, jon. the obama administration has been basically boxed out of this thing. while washington has been backing the moderate rebels as well, or a part of this plan and they have been involved in past un back talk managed to push u.s. out for the moment of the entire picture. as already noted, however, president putin did say that once president-elect trump gets into office the u.s. would be allowed in. trump has been supportive of russia's role in syria and also against obama's backing of the rebels. while this is all intriguing there are reports of more interesting stuff and outline of a long-term settlement that

would divide up to some degree syria according to resources and would mean that also president bashar al-assad would leave office when his term is over, but that's getting way ahead of us, jon, many ways this could all blow upstarting at midnight tonight or 5:00 p.m. eastern. jon: a lot of negotiating to be done. melissa: right now police in arkansas are facing off with amazon over the echo voice assistant recordings of a murder suspect, the echo smart speaker listens for voice commands to do things around the house, turn on the lights, so microphone is always on. police have used subpoena for recordings of the home of james bates who is charged with the murder of a man found dead in his hot tube in november of 2015. amazon so far has said no, morgan is a cybersecurity

analyst and senior fellow at the center for digital government. i have a lot of questions. my inlaws have an alexa and we were playing with it over the holiday. one thing, morgan, it's sleeping in theory when you're not using it, to wake it up you have to say alexa, what time is it, alexa, turn on the lights, are we sure that there are recordings of the murder unless the victim was alexa but that would be the coincidence. >> you set up 50,000alexa devices around the country. [laughter] >> this is interesting, a couple of weeks i was talking about a patent be able to serve advertising, these things do, melissa, they are on and what they do is take a segment, it's like a 15-second buffer, they are always listening for 15

seconds and they hear the wake word, hey, it's time for me. you have to be able to be in the mode to listen and hear. how much was recorded because it does send it to amazon, mothership to process it and fulfill actions like call uber. there are certain things that are saved, i believe, only for a limited amount of time. the real question, this is going to get underneath the covers, are they really doing what they say they are doing in privacy policies. are they only keeping it and they are going to lose an appeal but the question on amazon are they keeping what they say they are keeping and violating policy privacy and storing information much longer than they should. melissa: i don't like having spies in my home and i'm suspicious of the devices listening to you, there's more things out there like this. >> absolutely. melissa: pays the toll when you go through and we saw legal case that is people could prove they

either were or were not somewhere based on the activity on their easy pass, that was early on. there was another case in florida where somebody had a fitbit on and they claim -- >> tracked them. melissa: claimed somebody came to their house and attacked them and the police were able to use the fitbit data to prove that the person was actually asleep at the time and had made up the whole story. so there's all kinds of devices around us, what is -- does the law tell you? this is a brave new world with all the devices. >> if you go back to look at 1920's when some of the laws were created that was based on copper wires running. we have vonage, we have skype, we have huma. so the law is always been slow to catch up to technology. cops are creative. when i was a detective i filed one of the first search warrants to get an ip address of e-mail from internet service provider

in a missing baby case. judges weren't use today that. this data is fitbit, home thermostat, refrigerator, water heater. melissa: everything. >> they looked at how much consumption of water was used not only for this but to make national security cases, drug cases, there's a variety of things, we have just scratched the surface on where ce with go with this. melissa: one of the lessons i'm taking away to unplug alexa before you murder someone. there's also the idea, for amazon it cuts both ways because -- >> yes, it does. melissa: it's going to discourage people in theory from having these things in their kitchen or maybe lock at it the other way that it's sort of a safety measure. i, for example like to pay with the curve app when i get into a taxi because there's a record of what taxi i'm in. you start thinking about these things as a mom and maybe as a woman as safety features that i

think i'm probably not going to kill someone, you never know how frustrated you can get in situations. >> jon, watch out. [laughter] melissa: might help me so it could be good for amazon, it could be bad for amazon. what do you think they do? >> this cuts both ways. amazon -- this is apple case all over again. i was at the rsa conference when loretta lynch says one company does not get to determine the national security policy of the united states. amazon does not get to determine what the courts and the law consider evidence in the case. i think here is the real shock, people are going to realize these things are listening to you and following you. you go back and take out of this data, we will be able to reinstruct people's lives from the time they go to sleep to where they go, what they eat, i mean, this is really it's very 1984 and we don't realize it. melissa: morgan, thank you very much. all right, jon. jon: eerie scene, heavy fog,

canceled flights and it could continue through new year's day, we will tell you where. plus new developments in the investigation into a deadly russian plane crash, what authorities are ruling out and y

melissa: it looks like a lot more halloween than winter in

dubai. sparked accidents because drivers can't see anything. they responded to a 119 crashes yesterday. the fog will stick around through new year's day. wow. jon: new information on the russian military plane that crashed christmas morning killing all 92 people on board. with investigators ruling out an investigation saying the flight recorders show no evidence of that, but they have not ruled out something being done mechanically to bring that plane down, here to talk about it bruce, president of aero consulting experts and a commercial airline captain. the russians were kick to say this was not terrorism. they don't like to be embarrassed by terrorism but what do you think about the likely causes of this particular crash? >> well, it's early in the investigation to say at this

point, however, ruling out the fact that there was no explosion on the airplane, right now it would lean towards possible mechanical and pilot error scenario. jon: pilots were talking about having problems with the flaps, the things people might see kind of creeping down from the wings before takeoff and landing, they give you spray lift, if you're having a problem with the flaps that could cause a plane to go down. >> this is an old plane built back in the 60's, a lot of mechanical things going with the wing, designed to go very fast, so on takeoff, they have the flaps, they have the leading-edge devices that come out and if let's say on takeoff one of the flaps don't retract and one stays out, you'll have a rolling motion of the airplane, the pilots would counter act,

this is possibly one scenario, a lot of drag on the airplane and the airplane would start descending. jon: and if you have a full load of fuel and full load of passengers that can be obviously tragic. >> it's a one scenario. they are also looking at fuel problems and it did get fully fueled where it last landed and we are looking at possibly engine failures, there's a lot that play out, so the flight data recorder that they discovered and the voice recorder, both of those will show accurate depiction and give a narrative on what brought the plane down. jon: update on egypt 804 which went down in the mediterranean back in may, investigators had pointed to on board fire as likely cause but government officials found traces of explosives on some of the bodies recovered. 66 people died in that crash,

does it look like a bomb is the likeliest scenario here? >> so here we have the french authorities working with the egyptian authorities trying to put together what actually happened on this airplane and this was about 7 months ago that this accident took place. so they found, the tnt and i do know that an air bus is built out of carbon fiber, it's also a fly by wire airplane. the pilot inputs are going through wires to the flight control so there's a lot of cables there. when airplane catches on fire, it's creating smoke and fumes and out of those smoke and fumes, let's say out of the wire bundles could come some other chemicals, this is something that needs to be further investigated and they're doing their best. they haven't quite ruled outer risk act yet, explosion on board the airplane, they are looking into that and it is possible that it is one of the scenarios that will play out. nobody has claimed this accident

as of yet, it was seven months ago, they're still looking into it, they need to figure out is it tnt or burn-off from carbon fiber or wires, they will figure this out. jon: but security in that part of the world not quite up to the standards that we enjoy in the united states. think about that every time you go through the annoying tsa lines. >> it's annoying but necessary. john: absolutely. buck roger. >> thank you, jon. jon: melissa. melissa: more police officers are becoming victims in targeted attacks like the ambush in dallas, now a new report on police fatalities in 2016, we are live with the details

jon: let's find out what's ahead on outnumbered at the top of the hour. sandra and kennedy. sandra: even some democrats criticizing secretary of state kerry's speech yesterday and called for the u.s. to defund the un. should we? >> plus president-elect trump says president obama is making the transition anything but smooth, then reverses himself on the hours later, so is mr. obama

making things more difficult? sandra: all that plus our #oneluckyguy. jon: there you go. [laughter] sandra: see you soon. melissa: right now disturbing new report on police fatalities in 2016 with ambush-style killings like the one in dallas, pushing shooting deaths of officers to the highest level in more than four decades, caroline is live in washington with more on this, caroline. >> melissa, 135 police officers have been killed this year, the most since 2011 driven by a spike in fatal shootings and specifically ambushes, 64 officers have been shot to death in 2016, 56% jump over last year when 41 officers were fatally shot. 21 of those 64 shootings were ambush style including five officers killed in dallas in

july and three more in baton rouge just ten days later. they are among eight multiple shooting deaths that killed 20 officer this is year tied with 1971 for the highest since 1932. here is a list of the deadliest states. 17 officers killed in texas, 10 in california, nine in louisiana, eight in georgia and six in michigan. two of the latest deaths were life-long friends of the george police department. both were shot during a domestic violence call earlier this month even after being shot officer smart performed cpr on smith until he lost consciousness, they found him slumped over smith, he died that day and smith the next. both men were 25. on average a fallen officer is 40 with 13 years of service and two children. melissa, back to you. melissa: what a shame. thanks for your time.

jon. jon: new in next hour of happening now. legal action in a high-profile unsolved murder and it comes more than 20 years to the day after little jonbenet ramsey was killed, why the young beauty queen's brother is now suing a major tv network? plus the big advances in cancer treatments this year, what they are and how they could fuel even bigger medical breakthroughs in7

. .

>> you want to watch that because we want to find out what kimberly's hair looks like. melissa: kimberly's hair has her own entourage. we don't have toker would about that. it will be fun.

hopefully the weather is good and great to watch. we'll see you, i will see you back here in an hour. see you back here in an hour. >> you have another hour left? melissa: i got it. right. >> "outnumbered" starts right now. ♪ >> welcome to "outnumbered," i'm sandra smith. host of kennedy di on fox business. kennedy. and dagen mcdowell and julie roginsky. co-host of "after the bell" on fox business and "forbes on fox." david asman is here he is "outnumbered." >> thank you all for having me. good to see a lot of fbn folks. >> i t