don't worry, don't get cocky either, because the closest and esther has come to earth in 13 years. >> make it a great day on wednesday. "happening now" starts right no now. >> jenna: we are following several big stories right now. first the change -- >> jon: the uss carl vinson extending. starting early next week, it will provide a consistent presence in the south korean peninsula. plus our country's turbulent political atmosphere it on display in one georgia election. a democratic upstart coming with a whisker. democrat jon ossoff 148% of the

votes, just shy of the 50% needed to avoid a runoff. second place, karen handel got 15%. in the case of expecting to go to the jury, closing arguments today in the trial of the survivalist ambushing two state troopers and killing one of them outside of pennsylvania please barracks. the defense did not -- congressman jason che fitz announces he will not seek reelection in 2018. he says he has no ulterior motive, he is healthy, i have the full support of speaker ryan to continue, that said, i've made a personal decision to return to the private sector.

>> jenna: it right now, attorney general jeff sessions is getting ready to visit the border for the second time in two weeks. the trip comes as president trump links gang violence and mr. sessions promising a crackdown on the gang known as ms-13. we're joined now by attorney general jeff sessions. mr. sessions, it's great to have on the program, especially in the middle of the day. welcome to "happening now." >> thank you, good to be with you. >> jenna: lowest level in 17 years, why did that happen? >> president trump. he spent a clear message, please don't come to our country unlawfully. apply properly. that's what our legal system is about, he's committed to that.

we're going to back him up at the federal department of justice attorneys were going to continue to put these numbers down and restore power lawfully. at something we can do and must do. >> jenna: i'm curious why you feel the need to go to the border this week again. >> we have a lot to do. we still have a number of people who are attempting to enter every day. we need to adjust to their tactics, but we're not there ye yet. we need to figure out how the cases are being handled, how the criminals are bringing in drugs and coyotes that are illegal bringing in human beings, those have to be cross acute it too. this is dramatic. they have the lowest in 17 years of illegal immigrants.

>> jenna: our research department confirming that. about 12,000 people still being caught along the border, just over 12,000. as we talk about the power of deterrence, i want to talk to you about the power of a broader wall. >> i think the border wall needs to move rapidly. it will be the final affirmation that the illegality is over. it will multiply many times the effectiveness of our border. when you have fewer people enter, then you have fewer people to detain. fewer people to lock up. fewer people to bring human beings. if your people dealing in drugs. there are so many advantages to securing that border. right now, they're hearing the trump message, the numbers have dropped significantly, but if we

don't follow through and back up what he promised, then i think we could see these numbers rise again. we do not want that to happen. >> jenna: i want to talk to you about detainment and deportation. there's a big article today, for those who haven't seen it, it's been picked up across all the major papers, i want to read the headline. it says it first protected dreamer is recorded under trump. the article goes on to say that they are being targeted by immigration authorities. >> they are not being targeted, i don't know why this individual would say that. everybody in the country illegally is subject to being deported. people come here and they stay here a few years and somehow they think that they're not subject to being deported. they are, so that's the reason we played with people on my don't come here illegally, wait your turn, follow the rules, and then when you get into the united states, we had met

1.1 million a year of permanent legal rags and ends into the united states with the guaranteed pathway to citizenship's. where the most generous nation in the world, but we have got to restore lawfulness to our system. >> jenna: supporters would agree with that. some would disagree with you and say that recipients had been promised protection under the obama administration. they are wondering what the policy is under the trump administration. >> the policy is if people are here unlawfully, they are subject to being deported. our priority is clear. our priority is in the lawfulness of the border, stop the additional flow of illegals into the country and then to prioritize those who have gotten in trouble with the law, people who have been deported previously, drug dealers, and other criminal activity, they need to be deported first. we've got so many of those right

now, that's a full-time job. we can't promise people who are here unlawfully that they won't be deported. >> jenna: let's look a little further down the road as president trump has talked a little bit about his immigration policy. he is talked about advocating for a merit-based system and i'm curious based on what you just said and your experience as an attorney general now, how you see a merit based system being legally? >> this is what we need to think about seriously. i've always believed in this, i'm proud that the president has talked about it. canada has that kind of system, they give you more points if you come to canada with education, more points if you already speak the language, more points if you are younger, more points if you have skills, and when you apply, you are evaluated and are provided the best opportunities to be successful in canada, those are the ones that are accepted.

that's always been our policy. we are not enforcing it, but you should not come if you're going to be in charge of the state. in other words, not able to take care of yourself, so we've taken care of that totally and we are not a merit-based system at all. >> jenna: i would love to talk to you more about that. one thing i'd like to ask you about. we need people to enforce the law and we have covered this story of u.s. attorneys being asked to leave their positions are to resign. to our knowledge, 47 positions remain open. none of these positions have been filled yet, why not? >> u.s. attorneys have to follow the confirmations. i don't have a single senate confirmed member of the department of justice, and i have at least 12 of those who have to be confirmed. congress is slow always. we are not behind on u.s. attorneys. u.s. attorneys have always been

a late summer, early fall before they are confirmed, but we are moving forward with some really great nominees. u.s. attorneys, i have to say, are critical law enforcement officers. with all the federal and state agencies, they provide leadership and drive for those prosecutions. >> jenna: which is why i wanted to ask you about that i sense you don't miss your work on capitol hill. just a quick final question for you, then i'll let you go. this is about health care. it's interesting and related to health care. the house republicans in the past sued the obama administration for giving money to insurance companies that they say they did and appropriate. a judge ruled in favor and said yes, this is unconstitutional. these payments are crucial to the insurance industry and i'm curious, under your leadership,

are you going to continue this appeal process and allow it to continue at this time or will you not pursue an appeal in the current ruling by the judge? >> we are going to follow the law. that's my duty as attorney general, to enforce the law. i was involved in the work up on those issues when i was in the senate. i do believe this money cannot be spent the way the house republicans and legislation has validity to it. this money should be appropriated constitutionally by the united states congress. i don't think that it's constitutional, but we'll see. >> jenna: would you say follow the law, will you continue to allow the legal process to continue for another judge should take a look at this case, or do you think you're going to step back from it? >> the legal process will continue. the house has filed our

complaint. it raises important issues, they wanted the first stage of the year. if the house bill is correct, our goal and responsibility in the department of justice is to determine what is the law? not what policy we would like it to be. it's up to congress. >> jenna: we should do this more often. great to have you on the program, thank you very much. >> thank you. >> jon: the maryland man wanted for his wife's murder is not on the fbi most wanted list. why investigators think he is the killer. plus vice president mike pence on a visit to japan. tough new warning to korea, what he says the u.s. will do if the rogue nation uses any unconventional methods

>> jon: right now, i look at some crime stories we are

following. a maryland man wanted and his wife stabbing death is not on the fbi's top ten wanted list. detectives believe that man killed his wife at a dunkin' donuts shop because she wanted to return to indiana. please now calling the death of a court of appeals judge specific suspicious. police say there was no immediate indication of suicide or criminality. closing arguments expected today and the trial for accused cop killer. prosecutors say the 33-year-old ambushed state troopers back in 2014, killing one and severely wounding another. if he is found guilty, he could face the death penalty. >> jenna: this is breaking now. vice president mike pence in japan issuing a stark new

warning to north korea. he's threatening a overwhelming american response to any use of conventional or nuclear weapons by the kim jong-un regime. benjamin hall is live with the very latest. >> no signs at all that kim jong-un is planning on backing down, despite the growing international pressure mounting towards his regime. if anything, he has escalating his rhetoric at the moment with the regime coming out and saying that they would launch a preemptive nuclear strike if they felt the u.s. was going to attack. they also said that nothing was going to stop their missile tests, saying that they would continue them on a weekly, monthly, and yearly basis. meanwhile, vice president pence and japan also sounding defiant, speaking aboard the uss ronald reagan and tukey obey to two and a half thousand u.s. soldiers. >> those who challenge our resolve should know, we will defeat any attack and meet any

use of conventional or nuclear weapons with an overwhelming and effective american response. >> and north korea today, there was a bizarre provocative performance. they stage a musical celebrating the life of their founder. the performance ended with a mock up video of missiles shooting over the pacific and exploding in a giant ball of fire in the u.s. the video then finishes with a burning stars & stripes flag superimposed over rows of white crosses in a cemetery. meanwhile, analysts are scouring the videos from saturday's parade pointing out that at least one missile appears to be of chinese origin. underlying one of the biggest challenges, chinese complicity. while trying to get on board or continue playing this double game at some suggest they have been doing in the past? nevertheless, either way, if you look at the bombs that trump

dropped in afghanistan, the chinese will know that it is now war and words carry weight. >> jenna: thank you. >> jon: some new information for you on the exclusive new fbi surveillance images just obtained by fox news. the questions they raise about the bureau's investigation of the radical cleric. plus, a georgia democrat falls short of victory in a congressional district held by republicans for decades. what it means for president trump and the g.o.p. going forward.

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on auto insurance. call for a free quote today. liberty stands with you™. liberty mutual insurance. i'm ricardo, a sales and service consultant here at the xfinity store in bellevue, washington. here at the store, we offer internet, tv, phone, customer service, home security. every situation is a little different. it could be about billing, simple questions like changing the phone number. sometimes, they want to upgrade, downgrade, but at the end of the day, you want to take care of the customer. one of the great things about comcast, there's always room to move up. of course, it depends on you, how hard you work. ♪ >> jon: a fox news alert. congressman jason jay fitz, announced he will not seek

reelection or any other office in 2018. the veteran utah republican writing on facebook he has long advocated that public service should be for a limited time and not a lifetime or a whole career. he suggested he might run for public office again, but for now he plans to return to the private sector. meantime, more on our top political story. georgia democrat, jon ossoff falling just short of the 50% threshold he needed to win a special election from the house seat vacant by now health and human services secretary, tom price. that forces a june runoff against second-place finisher, republican karen handel. what does all of this mean for president trump in the g.o.p. going forward? let's bring in jake sherman. jon ossoff calls it a moral victory that he got 48% of the votes, slightly more than that, but it doesn't put him in congress, does a question mark >> it doesn't. i've had a lot of moral victories in my life and here i

am. this is a bad sign for republicans globally because this is a deep red republican district that republicans should when and republicans -- democrats have 48%. there were 18 or some republicans who were in the race and splitting the votes out. if republicans are able to clear the field, they would have a new congressman by now, but they do not. this is going to cost a lot of money. in june, we will see a new republican brand. i do expect republicans will win the seat in june. democrats kind of lost an opportunity to see this away last night. >> jon: the swallows around the same event when they had high hopes to gain the seat vacated by mike pompeo. they still have a chance in june, but you suggest, newt gingrich who used to hold the seat said he thinks karen

handel will win it by eight points. our democrats on a losing streak here or do they actually win by making these red races close? >> they win by making them close, there is no question about that. national elections are always kind of a weird dynamic. there in the middle of the year, they don't necessarily show any sort of trend for november 2018 which is 20 months away. the fact that democrats are able to make these competitive is a good thing for democrats, but it's also a bad thing because they have to spend money. they spent $10 million in georgia to help jon ossoff, which is a big deal. obviously, republican spent $5 million on their own. there is no question that these races are fueled by some sort of feeling toward donald trump. donald trump this morning said he spoke to karen handel and karen handel set on fox news

that she spoke to the president. it's interesting to see how closely he/she ties herself to the president ahead of the june runoff and whether he makes a trip to atlanta to campaign for her. that will be an interesting thing to see. >> jon: there were three camps of republican candidates this time around in that race. i think of the 11 candidates, there were a handful that were close to trump, pro-trump, there were a couple, and she was one of them who were lukewarm on trunk, and then there was one very vocal anti-republican candidate. she is going to have to decide essentially how tightly does she want to tie her campaign apron strings to the president. >> also, you're going to look at montana and a couple weeks where there is also another special election and we will see how much money democrats pour in from montana. ryan zinke is now the interior secretary. that is a deep deep red state. democrats think they can play

there, if they go in there, if they make noise, trying to make it a competitive race, that will be very interesting. >> jon: as you point out, $10 million spent in the storage arrays, that's $10 million that democrats don't have in their pocket, and their bank account, to spend the next time around. >> that's why i think they could raise that money very quickly. just the narrative is helpful for the democrats. we have to remember, 2011, after republicans took control of the house for the first time in a couple years, democrats did win a couple special elections and have not been in control for a half dozen years since then. i think we tend to make too much of these results when they don't mean much in the global narrative of today's policies. >> jon: the president didn't take sides in that atlanta race, but he did slam jon ossoff, the democratic candidate a number of times. as you point out, he is taking credit. he said glad to be of help in the republican victory.

did he help? is there any way to discern question work >> no, is not. he did send six tweaks about the race. people were text messaging me wondering why the president was boosting jon ossoff's name i.d. republicans in washington and georgia kind of would not mention him. this is a 30-year-old former congressional aide with no previous political experience so not a candidate that you would traditionally have to worry about. >> jon: who didn't even live in the district that he was seeking to represent. >> did not live in the district, his wife i believe is a doctor -- his girlfriend, i don't think they're married. it's impossible to really discern whether donald trump's tweets made a difference. he does have 25 million twitter

followers, so i guess the retweet does help. >> jon: you can read more from jake sherman. thanks for being on with us. >> jenna: we heard that the strike group wasn't heading towards the peninsula at that time. plus, we're seeing a different side of president trump lately, a panel weighing in on what could be a new trump doctrine.

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>> jenna: new information as vice president mike pence issues tough warnings to north korea. we are learning the strike group which the trump administration said was heading for the korean peninsula was actually sailing in the opposite direction of the time towards the indian ocean for training exercises with australia's navy. now they say it is heading for the korean peninsula now in this communication between the white house and pentagon says it's because they mix up. jack keane is with us now. general keane, we are going to need some expertise on this because a lot of us haven't sailed in the navy and don't really know military on the inside. is it typical? what's your take on what transpired here? >> i think it's pretty unusual to have the president and the secretary of defense talking about a carrier stryker heading

in the opposite direction. i think what may have happened is when they publicly canceled the port calls with australia, someone may have come to the conclusion that the training exercise of us really was indeed canceled and therefore, associated this carrier strike group with heading towards the korean peninsula. i don't believe for a minute that anybody was trying to mislead the american people. >> jenna: i don't mean to interrupt, but that is the bottom line. that's what's being inferred that the trump administration didn't know was happening, he doesn't know where our ships are and that's the way this is being characterized. >> the white house is totally dependent on the pentagon knowing where our ships are, what their activities are and anything that's reveling to the them. the major movement will always get some public exposure to be sure. i think it's a mistake in the people involved have owned up to it already. >> jenna: i hope it's the case

and it won't happen again. it is taking away from some of the important issues which is what is our policy for north korea? what is this group intending to do in the region? what do you see the mission in the immediate horizon being? >> i don't think they'll conduct any military operations with north korea because people are speculating about that. i think they are there to reassure our allies and that's why secretary mattis went there two days after he came into office, that's why rex tillerson went there, no vice president pence, you have to understand, this provocation of north korea has been going on for some time. our allies in the region, because the obama administration put in place, the definition of that is do nothing, they have been intimidated by north korea. north korea has got to them and as a result of that, we are there to reassure them that we are back, that we truly have their back and that's why they put the military option on the

table. i think by putting the military option on the table, which the united states doesn't want to do, we don't want to be involved in a war with north korea in terms of what the casualties would mean, it would be awful. when it has done is it's got north korea's attention to some degree, but it truly has got china's attention and now, by putting the military option on the table, if the navy exercises some diplomatic energy with the chinese, which is quite revealing that they are able to use their leverage against north korea for the first time in 20 plus years. if that turns and results and they're not gaming us, which is possible dealing with the chinese and we truly get some results here, that would be quite an achievement. speak that's interesting to hear how we bring all those points together. i'm curious your thoughts of the impact of a vice president because it seems that every day we are quoting showing sounds from him, he's speaking very strong, very consistently, but very strongly, really,

frequently with his message north korea. talk to us about that strategy as well. how is that being heard do you think? >> i think most of this is about allies. we shouldn't parts the difference -- we have made the fundamental decision that the united states is going to back our allies, not only in the far east, but in europe and also in the middle east. by doing that, we also have said, and that's the difference from the trump administration and the previous one, in doing that, we are willing to confront our adversaries and we are carrying that message forward to them. i'm all for that, as long as we are using common sense about that and we appear to be doing that, because it's so much strengthens our diplomatic hand. when you have nothing behind that diplomatic hand, it's empty rhetoric, which our adversaries and the few years of the obama ad administration lord, that's why they were able to muscle us

around because they knew we were going to do anything. this has changed now. trump has the stronger hand because it's credible that when he threatens for us, he may use it. he used force decisively in syria. >> jenna: it's interesting. the more strength you show, the more likely you can keep peace and diplomacy. obviously, some disagree with that as well, but it's interesting to make sure we have that perspective in mind. general keene, always great to have you. thank you. >> good talking to you, jenna. >> jon: let's delve into some of this a little bit more. during the campaign, president trump was critical of the american military involved in foreign hot spots, but mr. trump seems to have changed his mind since taking the oath of office. citing the launch of the air strike on syria and dropping the so called mother of all bombs on the ice is complex in eastern afghanistan. there is the back and forth with

north korea over its nuclear ambitions. does all of this point to a new trump doctrine? let's take it up with simon rosenberg, president and founder of nbn and a former campaign advisor to president clinton. rich valerie is here as well. rich, you wrote an interesting piece. >> jacksonians a focus on the national interest above all else. they don't care too much about spreading our ideals around the world. they aren't optimistic about our ability to spread ideals around the world, but they will use force when they think our national interest is at work. they will use diplomacy and tough-minded diplomacy. so far, we've seen from trump is

basically consistent with that worldview. humanitarians which he defended in the syria strike were a notable departure, but it may be that the strike ends up just being an effort to reestablish a redline and reassert american credibility with an eye to these other conflicts, including north korea. >> jon: simon, you've never been a trump fan. are you surprised by the way he's conducting foreign policy? >> yes, and i think -- rich's piece was interesting and i think it's possible but that's where trump ends up, but we also have to acknowledge that we are going to appear with an enormous consummation. big changes in the ways he views the world. we are at an immature stage. i think there's a lot of countervailing data. one of the great tasks of riches theory is what he does about russia and i think russia is the blind spot for this administration. i would put russian aggression

and the world today equal to the terror threat and what's happening with north korea. right now, what vladimir putin is getting his kisses from donald trump is not in the confrontation and the weight riches describing. we have to put russia and the same footing as the other challenges. >> jon: he just heard general keene talking about the obama doctrine as strategic patients with north korea and how it amounted to nothing. he also wrote and your piece that a big part of what mr. trump seems to have done so far is reestablish the redline that president obama said was there, but really wasn't. >> that's what he's trying to do. i don't think there were any great options for north korea, but as general keene pointed out, president trump is trying to get the attention of north koreans and especially, the chinese. you need chinese to help us cut off sources for financial support for the regime.

you have to do as robust missile defense as you can in the region and elsewhere and be able to support the long-term. you can't hit an air filled without that much consequence. if you do that with north korea, there's a real potential for a major war on the korean peninsula. >> jon: a lot of people have been taken aback, people who thought he was not an interventionist, don't like what he's doing, people who thought he should be more robust, don't necessarily like what he's doing. where do you fall? >> honestly, i'm encouraged with the direction this administration is going and i don't agree with everything they're doing, but i do think the speech of the president gave when he was inaugurated was dangerous for the united states. it was a dangerous direction for our country, it would lead to greater insecurities for the united states and less prosperity, and i think his change and evolution as a young

president is encouraging to me, but i also am worried about incoherence and his lack of study and interest. i still think we have a long way to go here before we can anoint donald trump as a foreign policy leader. again, i go back to one of his great challenges, dealing with russia and the clear eyed way that he's starting to deal with some of these other challenges. that, to me, is the greatest short-term test. >> if you go back and read his foreign policy speeches, one in april and one later in the campaign, what he's done so far is broadly consistent with both of those speeches. >> deeply inconsistent with the inaugural speech. >> it's inconsistent with the tone of the inaugural speech, if you go line by line, he talks about how he is going to honor and build our alliances and we're going to be strong. this is a consistent theme of this. >> jon: will have to leave it

there. everyone says that the office changes the occupant. good discussion, thanks. speak to an easter holiday and a tragedy for one family. the latest details and some valuable information from a shark expert next. let's take a look at some numbers:

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>> jenna: some new information on a terrifying incident in australia. a teenage girl died after she was attacked by a shark while surfing with her father. ed happened after the girl's mother and two sisters watch from the beach. although there have been at least five shark attacks in this area in the last five years, including four fatalities, we wanted to put this story at the appropriate context. emphasizing how rare these incidents actually are. my grandson is joining us who is a shark expert based in south africa. >> thank you, it's very nice for you to have me.

>> jenna: i recently did a cage dive with great white sharks in south africa. that's how i came across your work. you've done incredible work with sharks. folks are seeing an image of the shark dive. when i saw this headline, i sat with new eyes because i learned a little bit more about great white sharks. when we read a headline about the attack, what should we consider about all of this? >> all the information we can get is 4:00 is very late in the afternoon. there's not much information in the general area. it's an unfortunate incident.

>> jenna: you're seeing it depends on the time of day, depends on the water. it depends on why these attacks happen. you've been working on a barrier that will somehow protect the shark and protect humans as well. tell us more about that. >> these days in australia and other places, the way to track animals is the wrong way to go because you are not preserving the social systems and structures and that can force more shark attacks. we developed a barrier system

that works with magnets and we have tested it now. hopefully we can get that for surfers to try. >> jenna: hopefully we don't hal them anymore. >> jenna: i'm assuming it was a life-changing experience to feel he is sharks up close because you realize when you're actually nearby, they're not really focused on humans. their focus on the tanks. it's an incredible experience and they are amazing creatures. it definitely changed the way i thought about things. >> we are not on the shark menu.

after years of diving with them, they have some curiosity. >> jenna: i think that's a great way to phrase it to our viewers that we are not on the shark menu, that they are just curious. it's great to have you on our program, we really appreciate your work. we'll stay in touch, thank you very much. >> jon: now this fox news alert, president trump just assigned the veterans choice program extension and improvement act. this is the program that is de some of the weight lines for veterans. but listen for a moment.

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>> jon: somebody's about to find himself outnumbered at the top of the hour. sandra and megan, what do you have? >> sandra: we are awaiting the white house press briefing where george is a special election is sure to be a big topic. democrats failing to avert a runoff despite huge spending and backing from hollywood. >> meghan: rising tensions with north korea should also be front and center. vice president pence with more tough words for a regime as president trump plaintiffs in his predecessors, especially president clinton. >> sandra: ari fleishcer is here. he will weigh in on all of that and more.

"outnumbered," top of the hour. >> jon: expert team ahead. >> jenna: new information now in the body and to that manhunt of the accused facebook killer. >> it seems so mcdonald's employees might qualify for that $50,000 reward. police praising the fast-acting staff at the erie, pennsylvania, mcdonald's that stalled the killer by making him wait for fries. >> he looked like he was little nerve dub, a little agitated and didn't want to wait. he said he had to go. i'm thinking at that point, he might have been thinking that someone in the store recognized him and was trying to get out of here. >> the staff made the killer weight shortly after there was a police pursuit and got a hold of him. police say they would have rather it ended peacefully. the suspects mother said he visited her.

she said he had deep gambling debt and recently broke up with a longtime girlfriend. >> he was a good christian person. he was no bad person. he just snapped. he had a gambling problem. he couldn't pay everybody and he had that building up of four months and months. >> the killer's mother also saying she preferred that her son killed himself versus police taking him out. >> jon: we are standing by for the daily white house press briefing. that u.s. aircraft carrier group and that special congressional election in georgia.

>> we'll be back with more "happening now" coming up. >> we're awaiting the start of

the press briefing where we expect the big topic to be the georgia special election. the race garnering national election. republicans call it victory after john ossoff failed to get enough votes the win outright. this is "outnumbered." i'm sandra smith. here today, megan mccain, kennedy, and the katie pavlich is here. and the president-elect secretary under george w. bush is george fleischer. good to have you back. >> you have a podium? i'll try to take a question. >> thank you. >> it is a busy day indeed. we'll get to that when it happens live. let's get started. democrats have been clom