>> we will leave it right here for "outnumbered overtime" on the web. we are back on tv tomorrow live at noon eastern, "happening now" starts right now. >> jon: a fox news alert as senate republican tinker with their latest bill to repeal and maybe replace obamacare sweetening the pot to try to woo a couple of key holdouts. the second hour of "happening now" happening now. speak to several republicans have publicly rejected the bill, authored by senators lindsey graham and bill cassidy. now they are offering more money to states like alaska and maine. those revisions as members of the g.o.p. express their concerns. >> right now they don't have my vote and i don't think they hav have -- i want to be a "yes," i want to get there because i

think obamacare is a disaster. >> it's hard to envision getting to a "yes" on this bill because my concerns are so fundamental. i don't think this bill does that. >> heather: mike emanuel is live for us on capitol hill with the very latest. hi, mike. >> there was some fine tuning of that legislation over the weekend, trying to win over some of those skeptical republicans. senator lindsey graham says he is not giving up hope. >> the only way you'll know how people vote is when you actually vote. it's not about our friendship, i love john mccain, he is an american hero. i just disagree with him here. he talks about a bipartisan process, i'm a pretty bipartisan guy. i've come to conclude that obamacare is a placeholder for

berniecare in the democratic world. >> other g.o.p. leaders they are trying to win back our susan collins in alaska's lisa murkowski. a spokesman for senator rand paul says its position on the bill has not changed. >> this is a bad idea, it's not repeal. all of that being said, if they narrow the focus to the things we all agree on, expanding health savings accounts, slowing down the rate of growth of an out-of-control entitlement spending, i would before that. >> senate finance committee hearing this afternoon will be taking place just down the hall from me, democrats are mocking republicans for trying to win over some of their colleagues by spending more in their states. >> this whole idea of trying to pass a health care bill which is about holding down premiums and

turning it into some parade where you give out huge slabs of pork in order to win of vote, that is not how you make health policy. >> the finance committee hearing on this legislation kicks off next hour, protesters have been lined up all day to make sure their voices are heard. >> heather: it certainly looks like you have a lot of people behind you today, busy day on capitol hill. >> jon: to the growing controversy over the president, the nfl and the national anthem with protest ballooning over the weekend and the nfl commissioner standing by its players. >> it is president trump who is out of touch says a spokesman for the league here at the nfl headquarters. he said the players are standing and the league is standing behind the players and that the

nfl is united. you may remember, he was the press secretary for president bill clinton at one point. they have been very critical of the president's tweets, 200 or so of the players either did it kneel or locked arms in solidarity with each other out of what observers say are -- president trump was continuing the controversy this morning. he tweeted "many people booed the players who kneel yesterday, there are fans who demand respect for our flag." "nfl must respect this" reinforcing what he said yesterday. >> this has nothing to do with race. i never said anything about race. this has nothing to do with race or anything else, this has to do with respect for our country and respect for our flag.

>> nfl commissioner roger goodell told "sports illustrated" this... one player getting a lot of attention today, defensive tackle for the pittsburgh steelers. he went out by the tunnel with his hand over his heart and observed the national anthem, he is a west point grad, an army ranger who served three tours in afghanistan and was awarded the bronze star for saving his buddies during combat. he was indirectly criticized by his head coach mike tomlin after the game. >> we are going to be respectful of our football team. these are divisive times, it's a

shame but it is. we are not politicians. >> this has led to some pittsburgh steelers fans going to social media and burning their pittsburgh steelers jackets and protest. his jersey and merchandise is the number one seller of any nfl player, these protests are likely to continue. the cowboys play arizona later tonight, jerry jones says the gridiron is not the place for these protests, you can bet there will be maybe as many protests as tackles and passes on monday night football tonigh tonight. >> jon: we will have more on that controversy ahead. thank you. follow up today after white house released new travel restrictions. while adding countries like north korea and venezuela, the new order seems to be

far-reaching because it imposes permanent restrictions on travel rather than a 90 day suspension. joining us now, editor of national review and a fox news contributor. when you look at this list, a country like venezuela and north korea has been added to it, what's the white house trying to accomplish? >> they are saying they just went to every country and said these are our minimal requirements for feeling safe and vetting people coming from your country. if you don't want to comply with those standards where you can't because your government is so disorganized, we are going to have various restrictions. i thought the original travel ban was legal and constitutional, this seems unmistakably legal and constitutional to me. sudan was on, has been dropped

off, chad was not on and has been included. it seems pretty clearly judging each country. >> jon: the fact that this one is made essentially permanent, the original travel ban was 90 days, this one has no end date, it could be permanent, we don't know yet. you haven't heard as much about that. >> i believe they would change if the country changes its practices and gives us all the information in cooperation we would want, that permanent ban would change. a big part of the original vulnerability was the chaos surrounding its rollout, the fact that it wasn't deliberately considered. the original justification for the first ban is we need a 90 day temporary ban in order to establish what standards we want to go to countries and see whether they will meet them or not enough they have done that.

>> jon: this nfl situation we were just talking about, what a story. you've got something like 10% of players in the nfl sitting down, taking any during the national anthem, entire teams stated in the locker room rather than be seen expressing an opinion one way or the other, you have the president tweeting about it, the nfl commissioner saying he supports his players, it seems like a very divisive issue that had pretty much gone away until the president's speech. >> president trump blew it up, i don't think the president of the united states should be saying people should be fired for exercising their free expression. i think it will come down to being a debate over whether you should kneel or not. the president is going to win that debate every day of the week. players in the nfl put themselves in a corner, what are they going to do? kneel the entire season during

the playing of the national anthem desist by president trump because they don't like things he said? i don't think that's going to go over very well and i think it's just disgraceful, the shock that mike tomlin would criticize bronze star winner on his own team for going out there and doing what you are supposed to do which is stand for 2 minutes with your hand over your heart as a minimal sign of respect for our flag, our country and all those people who have sacrificed so much for it. >> jon: the president said this is not about racism. when you look at the ethnic makeup of the nfl it is primarily a league of african-american players. they certainly have opportunity. >> president trump will criticize anyone. john mccain is not african-american, obviously. president trump was after him. he is an equal opportunity

critic of people who come in his cross hairs. >> jon: talking very quickly about obamacare, does it look like it has a chance? >> it's probably going to go down with rand paul and mccain, pretty firm knows. i don't think any of these senators are really susceptible to being bought off by additional money being thrown to their states. lindsey graham and cassidy are staying after this and trying to get it done, because it's such an important promise the party made and it is failing but it seems very likely it's going to go down and they are going to have to get after it again next year, may be in a process that's

a little more careful and deliberate and not a hurry up and give up cycle we have seen four or five times now. >> jon: thanks for helping me with the names. thank you. >> heather: coming up, the search continues for survivors of a powerful earthquake in mexico city. we are on the ground with rescue crews coming up. plus, witnesses are calling a 22-year-old man a hero after this deadly church shooting in tennessee. we will tell you why. >> all i heard was two shots. he's all right. i don't know how to put that.

>> jon: new information on the deadly shooting at a tennessee church over the weekend, police charging the suspect in custody

with murder after one woman was shot and killed outside the sanctuary. six others were still inside the church and shopped there. authorities say more charges are expected, wanda young usher is being hailed as a hero using his own weapon to eventually subdue the shooter. >> he sustained serious injuries himself, he's a hero. we are very grateful. >> jon: police are trying to figure out the motive, the suspect expected to appear in court on wednesday. >> heather: it has been almost one week since a powerful 7.1 earthquake rocked mexico city. since then, crews have rescued more than 100 survivors, they are still searching for more. jonathan hunt is live in mexico today, alongside those rescue workers right now.

>> alongside the rescue workers and families who wait for news of those who are still unaccounted for, there are several dozen of them and i want to show you the sort of tent city that is being set up here at the sight of what is the largest ongoing search and rescue operation. these families have been here now for something like a full six days just waiting for news. they refused to give up, we spoke, he is sitting here, waiting for news of his 30-year-old niece who was on the fourth floor of the collapsed office building. his niece has been missing for that full six days since the earthquake struck last tuesday. we talked about what he and his family members are going through. listen here. >> what are your feelings as you sit here and wait and wait?

>> we aren't giving up. we are deeply sad. >> take a lie look now at the search and rescue operation on the top of what was that six story office building. you can see a handful of rescue workers up there, it had been a hive of activity earlier this morning, dozens of them on the rubble. the fact that they've withdrawn all but if you would tend to indicate to us having watched this that they are unsure of the stability of that rubble. and it's therefore moving very carefully. it is such a difficult operatio operation, is such an dangerous operation but they are doing everything they can to try to peel away the layers of that

building in terms of the rubble, one floor by one floor, they are having to do it by hand with nothing more than pick axes and hammers because they don't want to bring in heavy machinery. once you do that you start shifting all the rubble and if there is anybody alive in that pile of rubble that could endanger their lives. nobody is ready to give up on the hope that there might yet be a miracle here. >> heather: time may be running out but hope is not. thank you. >> jon: disgraced former congressman anthony weiner heading to prison. how many years will he spend behind bars? plus, both sides team action on all sides of backing down, our political panel ways and next.

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♪ >> jon: former democratic congressman and new york city mayoral candidate anthony weiner will spend 21 months in prison, after pleading guilty to sexting with a 15-year-old girl. his habit ruined his political career along with his marriage. >> heather: turning out to president trump's feud with the nfl, 200 players taking a knee during pregame national anthem ceremonies over the weekend in a show of solidarity. the president strongly denying his comments could inflame racial tension. >> this has nothing to do with

the race. i never said anything about race, this has nothing to do with race or anything else, this has to do with respect for our country and respect for our flag. >> heather: let's bring our political panel, richard fowler and lawrence jones. thank you both for joining us. you heard the president say this is not about race, when you take a look at the majority of people polled, 72% find it unpatriotic to take any and a viewership if you take a look at that this week was down 10%, down 10% the week before. they seem to agree it's unpatriotic. lawrence, what do you think? >> for me, i always stand for the national anthem and put my hand on my heart, i feel like that's the patriotic thing to d do.

people can decide whatever they want to decide, it's not so much people joining in on the colin kaepernick protest. i think these were owners and players who didn't like what the president said. a lot of the players decided to stand together and not to kneel. this was more targeted to the president instead of the actual movement. >> heather: let's talk about that. is that a problem? a nationally initially he was tt police shooting, 726 people have been shot by police so far. out of those, 52% were white and 26% were black, bearing in mind 13% of the u.s. population is black representing 13% of the police shooting. the message in all of this, is it getting lost because of the

venue? >> let me be very clear. players decided to kneel and sit for the pledge of allegiance because of racial injustice happening throughout this country, not only by police, patterns and practices in our education system, i can go on and on. what the president did here by saying this had nothing to do with race makes no sense, the reason nfl players were protesting had everything to do with race. the ratings are down and african-americans decided not to tune into nfl games has everything to do with the fact that the nfl has blackballed colin kaepernick, he has not been hired by any nfl team because owners don't want to hire him because they feel he might be -- >> that's not what the president was talking about. >> that's exactly what the president. excuse me.

>> heather: finished, richard, quickly. >> when the president said " "these s.o.b.s should be fire," that language is not only unbecoming for a president to use -- >> heather: let lawrence get in here. i do want to go back, people would argue the reason he is not on a team right now is because he's not a good player. your response so far. >> what the president was talking about, he was saying he wasn't just targeting the black folks, he was saying anybody who decides to neil. it wasn't just the movement why he did not get support, the fact that he wore socks that depicted cops as pigs.

not just the kneeling, the way he presented his argument on the field that really left a bad taste in america's mouths. i think we can have a conversation about criminal justice reform as well as the police. >> heather: that is a valid point. >> the president also called individual names, that language once again is unbecoming of a president. that is why owners, a lot of them gave this president millions of dollars for his inauguration said we will stand up, against racial injustice even though this president, the patriots owner released a statement yesterday, the same owner they gave $1 million to donald trump's inauguration, released a statement saying his

team and him will stand up against racial injustice even though this president will not. >> heather: we are showing some video there of the jaguars owner as well, he also gave money to president trump's campaign and you see him arm in arm with his players yesterday. thank you both for joining us, appreciate it. the debate continues. >> jon: president trump unveils a new travel order indefinitely and almost entirely cutting off u.s. entry for citizens of several nations while also adding north korea and venezuela to the list. will this travel ban hold up in court? our legal panel will weigh in. patrick woke up with back pain.

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>> jon: here is a look at some of the other headlines we are following today. the g.o.p.'s latest play in a last-ditch effort to get rid of obamacare with senate republicans revising the legislation and securing new funding where senators are on the fence. that vote expected later this week. thousands of folks in hurricane ravaged puerto rico are still lacking water, power and even wi-fi after maria destroyed every cell phone and fiber-optic connection on the u.s. territory. election results in germany, angela merkel won a fourth german chancellor. polls closed in iraq where they

held a referendum on independence. the vote is widely expected to be an overwhelming yes. >> heather: president trump signing off on a new travel ban now targeting eight nations, north korea, venezuela and chad added to the expanded list. and unlike the president's previous travel orders, this one has no specific expiration date but it also bars u.s. entry almost entirely by most citizens affected. i will start with you, what is better or different about this new band? >> the new man is both expanded and improved and a major area of improvement is that it's not a one-size-fits-all ban. the previous ban you could say was. it affected everybody and

certain countries and it was set to basically self-destruct after 90 or 120 days. this ban is a reflection of the administration doing exactly what it said it was going to do. we had to get in there and figure out where we were lackin lacking. tell them how they need to fix it in order to have the people from their countries travel here and keep us safe. >> heather: also including countries that are not majority muslim, how significant is that? >> a lot of the detractors of the executive order was that this is really a muslim band, it had nothing to do with keeping the united states safe, it was all about banning muslims. now that you have several countries that don't have a muslim, that's how the executive branch can say this was not a muslim band. all about keeping america safe, now that we have specific issues with how we are going to address

each individual country and how we are going to make sure they have the security in place to make sure we are safe, it is not one-size-fits-all, that's how we are going to go beyond and improve the issue and frankly be above the fray. >> heather: already challenges popping up, they try to fix it in these ways. >> a major area for challenges the fact that this new band has no expiration date, it's indefinite and it completely depends on the compliance of the countries affected by it. usually when you have something like this for a temporary period of time, the chance for irreparable harm on something that has a definite short period of time is slim. in this case it's forever. if somebody goes to attack any of these other countries, it's going to be based on the length of time. >> heather: how does the administration, how do they

justify the indefinite band? >> they are going to continue to say these are the safety measures that are going to be in place. it is something we review on a daily, weekly, monthly basis. frankly, once they are in place, and allow some of the of individuals to come in. they talked about some of the individuals that try to gain entry, either companies or family members here that will be able to continue to emigrate. certainly it's all about making sure you show there is due diligence being done and there's a legitimate basis for having this in place and it's malleable, and moves around with respect to changes that are being made. >> heather: i want to point this out, this is just passing the wire. our experts in the supreme court just sent this to us. they were sad to hear arguments on october 10th, we all knew that but now this just passing,

the court has removed the case from the argument calendar until further notice. what do you think that means? >> it means a supreme court thinks the previous arguments are now moot. that is what it says to me. >> heather: thank you both for joining us, appreciate it. thank you. >> jon: republicans in the u.s. senate trying one less time to repeal and replace obamacare, the gramm cassidy health care bill need some resuscitation if it's going to pass. one of the bill's cosponsors joins us to process i had. n, you interfering imbecile! give us one good reason we shouldn't vanquish you to another dimension! ok, guys, hear me out. switching to geico could save you... hundreds on car insurance. huh, he does make a point... i do like to save money...

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there was no divide. no divide even from that guy that continues to try to divide us as people. like i said on one of my social media platforms a couple of days ago, the thing that kind of frustrated me is the fact that he used sports to try to divide us. >> heather: the basketball star tweeting that president trump is a "bomb" after the president disinvited the golden state worry steph curry to the white house. >> jon: a race against the clock in the u.s. senate where republicans are trying to pass the health care bill by saturday, they can only alert to lose two yes votes in order for the thing to pass. president trump says he is

frustrated with republicans who won't support the bill. >> i've been watching for seven years as the republicans have been saying repeal and replace. you have john mccain voting no for whatever reason, arizona is one of the biggest beneficiarie beneficiaries. it's also great for maine, great for alaska. every state you are talking about it happens to be particularly good at four. i don't know what they are doing but eventually we will win whether it is now or later. >> jon: senator ron johnson joins us now, a cosponsor of the graham cassidy health care bill. the president has expressed optimism, you have expressed optimism that this thing is going to pass but a number of your fellow senators have said they are not in support, ted cruz being one of the more recent ones. do you really think you can get this legislation across the finish line? >> the problem is not going away so our efforts are going to continue strong, trying to fix

this big mess we call the american health care system. i'm not sure exactly what the prospect is going to be this week but we've told our leadership, we are going to insist on a budget reconciliation structure that would allow us to do this again under reconciliation, both health care and taxes. our efforts aren't going to cease. we have to fight every bit as hard to repeal and replace obamacare with something that works as the democrats fought to impose this on the american system. >> jon: i thought reconciliation, i thought that window closed with the new fiscal year in october. >> we will pass another budget for fiscal year 2018, the assumption has always been we are going to do health care under fiscal year 2017 and then turn our attention to tax reform but we can do both. it makes it a little more

complex but it's certainly doable. senator graham and i are both attempting to do both. >> jon: it sounds like you are planning on doing some kind of legislation with no democrat votes, is that your plan? >> from my standpoint, if this doesn't get past and my preference is to pass this this week, we rejected democrats and see if they are serious about fixing a mess they created. premiums have doubled nationally because of obamacare is faulty architecture. if they are serious about this, absolutely. we've had 60 some senators participate, they had very good discussions. we will certainly give democrats every opportunity to help us fix mess and it's a big mess. they are going to have to do it in a genuine fashion. they left the forgotten men and women of obamacare behind but if they are not willing to work

with us in good faith, not willing to do the tough things that need to be done to fix this problem, we really ought to give ourselves the capability to pass this as just republicans. >> jon: what about senator mccain? a number of your fellow republican senators are opposed to this, senator mccain seems to say the bill hasn't had the kinds of public and committee hearings normal legislation in his view should take, how do you answer that? >> if we don't pass it this wee week, this is a real action forcing piece of legislation. if we can do what i think we should hold hearings. if we have a debate about here is the problem, find the problem, gather the information and set achievable goals and start designing legislation. we can do that to the committee process and i would be completely in support of that, hopefully that would satisfy

senator mccain. one thing that is a concern is defense spending. just on the back of the envelope calculation, if we don't fix this problem, more states will expand, another $40 billion for year of federal health care expenditures which would not be available for strengthening the military. i think long-term he will be very supportive of what his friend is doing here. >> jon: you've heard the criticism even from the president, republicans have been elected because they been promising to repeal and replace obamacare, how do you answer voters if it doesn't get done? >> it's a complicated process. to a certain extent we've been talking about this for seven years. you have to take a look at the entire situation. 20 million americans had coverage, how do you protect those individuals?

premiums have doubled. how do you cover people with high costing pre-existing conditions without exploding and collapsing the insurance market? these are complex issues. for my standpoint we should have probably done tax reform first and tater erecting act taken our time but this is >> jon: it is good to have you on, thank you. >> heather: some new information on a historic referendum in iraq, pulls closing just a short time ago after up to 4 million people voted on whether to remain part of a rock or embark on a path toward independence. benjamin hall is live with the latest from there. >> it is now a sure thing, they have voted for independence.

what that effectively means is there will be the creation of a new country here in the north and also the splitting of iraq as we know it. today in the capital, kurds turned out in great force. voter turnout for this referendum has been overwhelmin overwhelming, already at this voting station alone more than two-thirds of those registered have cast their ballots before even lunchtime. with this vote comes great danger and already neighboring countries are threatening to respond. both turkey and iran have been holding military drills on the border of northern iraq and they have threatened action in response. iran is also close its airspace and the iraqi central government has threatened to even send

troops into disputed oil territory. the kurds are longtime allies of the u.s. however, even the u.s. has objected to this vote, preferring the country stay together as one. >> i ask the american people to support us, all we've done is democratically and peacefully ask for our rights and this requires the support of the american nation. >> a lot of excitement over here but also a lot of tense moments especially on the border with the iraqi government proper. we will see how it pans out in the next few days. >> heather: thank you. >> jon: in the hotly contested alabama g.o.p. senate primary we've been telling you about, more vips will be campaigning just hours before voters had to the polls.

live in birmingham with details.

>> majored of elements as we wait the white house press briefing with the fight with the nfl and the president. moments ago lebron james repeatedly called the president "that guy" and all eyes on the senate with the health care hearing at 2:00 p.m. we will bring you the highlights of that, and north korea, we issued a declaration of war? how will the white house respond to that. i am sandra smith at "america's news hq" beginning at the top of the hour. >> new information on the g.o.p. primary in alabama, where strange who replaced jeff sessions will go against judge roy moore.

both have the pete supporters especially vice president pence, who campaigned with senator strange for two nights. live in birmingham, alabama, with the latest. hello, peter. >> hello, had appeared he is the first republican to have the president and vice president pence on the campaign in a primary on their behalf, and it seems to make all the difference in this race. >> when it comes down to it, we try to pass the president's agenda, and the vice president who both ensue the ethically supports me. at the other republican may be supporting my opponent have an agenda of their own. maybe they thought with what the president, maybe they do not like mitch mcconnell. maybe they are never trumper plural as the >> byzantine strange was a big part during the morning show which he called into.

>> luther, who is a really great guy, he is a fantastic guy, and he was unfairly labeled. best friends with mitch mcconnell. he does emit no match. >> the challenger, judge roy moore is still the favorite, but strange told me will win. >> heather: peter doocy, we'll see what happens. >> jon: we are awaiting a white house briefing schedule for 2:00 p.m. eastern. those 4 minutes from now. should be full of fireworks over the nfl controversy. we will have it for you live on foxok. and now reduces cardiovascular risk. victoza® lowers my a1c and blood sugar better than the leading branded pill. (avo) and for people with type 2 diabetes treating cardiovascular disease, victoza® is now approved to lower the risk of major cardiovascular events such as heart attack, stroke, or death.

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>> heather: thank you for joining us. >> jon: we are expecting at the white house briefing at any moment. we'll take you there live when it begins. "america's news hq" starts now. spit it we await two major events happen at the summer. hello everyone, i am

sandra smith. white house had to hold a press briefing just minutes from now. on capitol hill, the senate finance committee said to hold the lone congressional hearing on the graham cassidy bill to repeal and replace obamacare. all of this while the pentagon is responding to the latest threat from north korea. made by one of their leaders on u.s. soil. the foreign minister of the rogue nation said this outside of the u.n. today. >> the fact that this comes from someone who currently is holding the seat of the united states, the presidency, clearly a declaration of war. since then united states declares war on our country, we have every right to make measures including the right to shoot down the united states presence, even when there not yet inside the airspace