that. >> sandra: it will be fun. >> bill: knock it out. >> sandra: take a hot chocolate and head to the grocery store. >> bill: something in there? >> sandra: a busy news day. we should hand it over. happy thanksgiving. "happening now" starts right now. >> we start with a fox news alert here at home. another prominent person facing serious sexual misconduct allegations. good morning to you. i'm jon scott. veteran journalist charlie rose suspended now and julie banderas is with us as well. charlie rose suspended by cbs news, pbs has stopped distributing his interview show. >> after a "washington post" report are saying eight women are accusing him. he is greatly embarrassed. >> eric shawn is live in our

new york bureau. >> he is sore sorry. he is a television news icon at 75 years old but off the air after the "washington post" reports eight young women claim he sexually harassed them and the complaints fell on deaf ears they say. interns, young female staff members saying rose routinely hit on them or acted inappropriate by by groping them, touching them. walking nude in front of them and engaging in physical and emotional abuse. this morning his colleagues addressed the allegations with shock and a heavy heart, they said, for someone who was so respected. >> this will be investigated. this has to end. this behavior is wrong, period. >> i am not okay. after reading that article in the post it was deeply disturbing, troubling and painful for me to read. that said i think we have to make this matter to women.

>> rose is contrite and apologetic saying in 45 years in journalism he has been an advocate for women and aware of the pain caused by the conduct. part of his statement, it is essential these women know i hear them and deeply apologize for my inappropriate behavior. i'm greatly embarrassed. i have behaved insensitively at times and i accept responsibility for that though i do not believe that all of these allegations are accurate, i always felt i was pursuing shared feelings. even though i now realize i was mistaken. the cbs says the allegations are disturbing and they take them seriously. pbs distributes his hour-long show says that, quote, we expect our producers to provide a workplace where people feel safe and are treated with dignity and respect and charlie rose has also been suspended from 60 minutes. >> eric shawn in new york. thank you.

take you to southern africa now where the zimbabwe speaker said mugabe resigned. the oldest head of state serving as president of that southern african nation for 37 years announced he is resigning. impeachment -- the impeachment process was underway. zimbabwe will get a new leader. robert mugabe, 37 years as head of that country is stepping aside. >> a fox news alert on a new fallout on a ruling of sanctuary cities. a judge nullifying the president's order. just two months ago attorney general sessions explained these dangers, these sanctuary cities pose. >> the result is that police

are forced to release the criminal alien back into the community on the streets without regard to the seriousness of his crimes or the length of his rap sheet. they should, according to law and common sense, be processed and deported. >> the judge's move comes as immigration reform and border security are back in the headlines in a big way with the killing of a border patrol agent in texas and the jury about to get the case of an illegal immigrant accused of murdering kate steinle in san francisco. william la jeunesse is live in los angeles with the latest. >> this challenge comes from san francisco and santa clara county who claim cutting off money to sanctuary cities is illegal. a judge agrees. federal funding that bears no relationship to immigration enforcement can't be threatened merely because they want to

enforce strategy. it is a major blow by forcing cities to abandon sanctuary policies. >> this is something that needs to happen. that order needs to be in place. and what you don't want to have, bill, is sanctuary cities popping up that are going to be a safe haven or harbor for those who are conducting illegal activities or are criminal illegal aliens. >> so the ruling means the justice department cannot claw back federal money from sanctuary cities and it stops it from withholding new grant money. moments ago the white house said quoting, the flawed district court ruling undercuts the president's efforts to keep the american people safe and secure by enforcing existing law. we're confident the courts will ultimately uphold the president's lawful and necessary authority. judge william orrick raised

$200,000 for president obama and personally gave $30,000 to democratic committees supporting his campaign. in 2004 he bundled $100,000 for john kerry. here is the appeals court what they will have to figure out. he claims the executive order threatens to take all federal money away from sanctuary cities. the justice department says that is not accurate. the only law enforcement grant money was at issue here and that money is conditioned upon the sanctuary city following the law. that is something both the obama and trump administrations agree, julie. locals cannot take the money and still release criminal aliens. back to you. >> william la jeunesse in los angeles. >> the justice department reacting to the sanctuary cities ruling saying the district court exceeded its authority today when it barred the president from instructing his cabinet members to enforce existing law. the justice department will vindicate the president's

lawful authority to direct the executive branch. joining us now jordan fabian. they must be pretty hot at the white house about this ruling. although i can assume it was expected, jordan. >> that's right, jon. this is the latest blow to the trump administration's efforts to put in stricter immigration controls. a number of federal judges blocked or restricted the president's travel ban which came down around the same time the administration issued this executive order on sanctuary cities. so two of the main initiatives by president trump to get tough on immigration being stymied in the federal court system. >> when the judge ruled the president cannot essentially block money that's already been allocated by congress, is the judge talking about any money that's going to the sanctuary cities or is this federal law enforcement money? do we know?

>> that's up for debate. the federal judge here issued a sweeping ruling and really what it comes down to is a separation of powers question. judge orrick sees it as the executive branch stepping on the authority to appropriate money to the cities for a number of reasons, law enforcement, education, etc. the white house and people i talked to view it as a federal judge infringing on the president's authority to enforce immigration law. that issue will have to be sorted out at the higher level. >> that would seem to be the crux of the argument here. the administration, the president is charged with enforcing federal law. and if these cities are flouting federal law by anointing themselves as sanctuary cities, it would seem that the president has the right to try to make them tow the line somehow. if withholding funds is the way to do that, there is the argument. >> that's right. that's the central question. it will be up to another judge

to decide if the white house decides to go that route. we showed the justice department statement there. that to me indicated the administration is going to pursue an appeal. they would have to go to the ninth circuit court out in california, a pretty left leaning court. unclear if they get a favorable ruling in that court. perhaps if the administration feels strongly enough about it and get an unfavorable ruling they might take it to the supreme court. >> the most overruled from the ninth circuit the records show. >> the judges reviewed the temporary injunction and decided it should remain in place permanently. right now the executive order trying to claw back federal money from sanctuary cities is on ice across the country. >> william la jeunesse had the report how much this judge had

donated and raised for the obama administration. might there be politics at play here? >> perhaps. it's always hard to tell the motives of judges in these situations. and people on both sides of the immigration debate have really thrown around the accusations about judge shopping. if you remember in 2014 when president obama issued this sweeping executive order trying to give the parents of dreamers the ability to stay in the united states, conservatives appealed that at a federal judge in texas appointed by president bush and he struck that down. that ruling stayed in place. so we have similar accusations coming from the left in that situation. so right now this is what happens when you try to make immigration policy through executive order. it gets tangled in the courts and gets really messy. >> i remember when a bunch of states did not want to follow the federal 55 mile-per-hour speed limit and the federal government withheld funds from them and they all came in line.

we'll see whether that plays into the future arguing in this case. jordan fabian from the hill. >> a manhunt is over in pennsylvania. police have in custody in the murder of a rookie police officer. president trump designating north korea as a state sponsor of terror. will it be enough to get kim jong-un to abandon his nuclear weapons program? >> this is part of continuing to turn up the pressure. we continue to turn the pressure up on north korea by getting other countries to join and take actions on their own.

>> jon: breaking now in the deadly police shooting in pennsylvania, a four-day manhunt is over now with rahmael holt taken into custody. the 29-year-old stands accused of killing a rookie officer during a traffic stop friday night. >> thank you.

to the citizens here who offered -- our officers are dedicated to providing the best possible service to protect you and keep you safe. there is no better example than officer bryan shaw who gave his life serving this community. >> jon: officer shaw was 25 years old. shot in the chest while chasing a suspect on foot. that suspect now identified at holt. shaw's funeral set for tomorrow. >> julie: president trump redesignated north korea as a state sponsor of terror. the rogue regime joins iran, sudan and syria on the u.s. terror black list. the trump administration also expected to announce new sanctions against the north. secretary of state tillerson says the new campaign is intended to pressure north korea to curtail its nuclear ambitions. listen. >> i think it is very symbolic

on the one hand because it points out again what -- what a rogue regime this is and how brutal the regime is and how little they care for the value of human life. so i think in that of itself makes a small statement, just the nature of this regime and the practical effects may be limited but we hope we're closing off a few loopholes with this. >> julie: for more on all this is christopher swift, a professor at georgetown university. thank you very much for talking to us. north korea joins iran, sudan and syria on this state sponsor of terrorism list. you see how well it's worked for them. but the president says that it should have happened a long time ago. it should have happened years ago. it absolutely should have been. what difference will it make in the end? >> in the end it doesn't change very much legally or strategically. it is an appropriate move. this is a rogue regime that

does bad things to good people for bad reasons. i think the secretary tillerson was very clear about that and so was the president. the practical effect being on the list of state sponsored terrorism you can't get u.s. arms export. you can't get u.s. foreign aid. that's not going to happen any time soon. you are subject to certain financial sanctions, that's generally the case for most banks and most government officials in north korea today. and then you are not allowed to get certain types of dual use exports and commercial products that can be modified for military purposes. you can't send that stuff to north korea anyway. legally and practically and strategically speaking it is not much of a change. symbolically speaking it's important. it reminds the north koreans they renegeed on a deal with the bush administration back in

2008 and the united states takes it seriously when people cheat on their deals. >> julie: it opens north korea to new u.s. sanctions as well. getting china involved to get the banks to put the close on north korea. what else should we be seeing by adding north korea to this list when it comes to sanctions, when it comes to legal liabilities? >> it used to be that north korea was treated the same way as iran and then the late days of the bush administration, the george w. bush administration, president bush and rice dialed that back a fair amount. these days you can't do business with the north korea government. there are a lot of bad actors in north korea and you can't do business with and individually sanctioned and also worth knowing anybody that is owned or controlled by the government in north korea you can't do business with. it has the effect of blocking out the entire country from most things most of the time. if the trump administration were to take things to the next

level, they would probably impose something like the territorial-based sanctions we've seen on iran in which case there is no exception to the sanctions. you look at the country, the entire country is sanctioned, not just the government and certain individuals or institutions within it. that's the direction i would expect the trump administration to take. it would align the approach we use on north korea from a sanctions perspective. with the approach we've used on iran. we treat north korea the same way we treat syria and the trump administration will step that up. >> julie: the move mostly symbolic. likely not preventing kim jong-un and his defiance in developing nuclear weapons. however, does it set up the u.s. to position itself to take harsher measures against the rogue regime? we've talked how the president has met with the prime minister of japan and met with south korea and their leaders in order to put the pressure on north korea. the missile defense program, for example. something we need to amp up.

does that then give us the footprint, if you will, in order to do that so we can protect these allies? >> redesignating north korea as a state sponsor of terror is a step in the right direction of the coordination of tools. what will change north korea is economic pressure from china, military pressure from the united states and political changes within the country itself. everything that we're doing to make sure that our allies have missile defense, that we're coordinated with japan and south korea to the extent that we can be on responding to aggression if it happens in the future, all of those things are the normal things that we would expect any administration to do. i'm glad to see the trump administration doing them. at the moment we're in a holding pattern with north korea. you can turn up the pressure a lot but unless you have economic pressure from china,

military pressure from the united states and political change within that country, you aren't going to see this regime's behavior change very much in the near term. >> julie: christopher swift. thank you very much. appreciate you coming on. jon. >> jon: the battle for tax reform heading to the u.s. senate and even though the gop bill passed in the house, 13 republicans voted no. one of them will be here to explain why. plus an 85 billion dollar merger could play out in the courtroom instead of the boardroom. why the justice department might want to block at&t from acquiring time warner. >> the record of evidence before the doj could not be more clear and convincing that there is no harm. it's resourceful.

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>> julie: this just in. the department of justice is now suing to block the 85 bill dollar merger between at&t and time warner. regulators argue the deal is harmful to consumers and stifle competition. the telecom giant saying it will fight the case in court. >> we have no intention of proposing a solution that is beyond what the rule of law would require and if there are legitimate concerns, there are plenty of solutions within the precedent and the doj's own guidelines. >> in a merger case like this the doj has the burden of proof. it has to prove that this merger will harm competition. it has to prove that this merger will harm consumers. >> time warner is the parent company of cnn and hbo.

>> jon: now to the push for tax reform. house republicans passed their tax bill last week without a single democratic vote. but there were 13 republican hold-outs from high tax states like new york, new jersey and california. here is what california congressman said this morning. one part of this bill helps the economy get going. i don't want to play winners and losers. i want a tax code that's fair and i think we're missing the boat and that's why i voted no. congressman issa joins me now. you say the tax proposal is not fair. in what way? >> it picks specific things. for example, you can deduct your state tax if it's property tax by a special provision put into it but it excludes income tax.

and i don't want to get into history. since 1861, long before even the constitution changed to allow our moderate income tax, there has been a recognition that the states take -- if they take from income they take first. what's left is what the federal government determines. so it's very specific that state income tax has a constitutional right to come first. it's very clear that the authors of the bill saw this large amount of money, trillion dollars and said oh, we can pay for other people to get tax cuts and everyone will be happy. and the answer is no. if you take from one person's pocket to another, the first thing is it's not a tax cut, it is a redistribution and this redistribution doesn't make any particular sense. i know the speaker, he is a good man. i've seen him hold up that card for the simple form but the simple form actually is saying you might get more than you are entitled to.

in other words, more than the expenses you had at one end in the double standard deduction and the hard working often middle class -- these are people who went to college and have a good job but they aren't rich, are going to find themselves not able to deduct the state income tax and it will be a tax increase particularly in new york, new jersey and california but wrong in all 50 states. >> jon: there are states like florida, for instance, where there is no state income tax. there are states where income taxes are very low, north dakota, i think. the residents of those states who don't pay income tax or pay very light income tax could feel that, you know, based on the way you voted that you want other high-tax states to help subsidize -- i'm sorry, have the lower tax state subsidize higher-tax states. >> julie: --- >> when you look at the states

that are net givers, we give more to the federal government than we get back. states like mississippi get back about $2.50 for every $1 they send in. louisiana the same way. so it's not a question of fair share. our state is -- gives more to the federal government than comes back to our state. new york does the same thing. new jersey does the same thing. so many of the states will give even more under this tax proposal and they are already net givers. i don't think anyone is congress is looking at who gets and who gives. if you are going to, it really makes the case for why this is an unfair tax change. >> jon: you also have protested the fact that corporations, businesses would be allowed to deduct state and local taxes but not individuals under this plan. >> i think it just emphasizes the principle they didn't do it with corporations because, of course you don't have the money to pay twice on and obviously

reducing what your profits are by the amount that has already been taken by the state or by property taxes or even by interest, these are things in which you can't tax that which has already been taken by somebody else. that basic principle is all we're asking for in the state income tax. remember, your state income tax is not discretionary. you don't get to say i gave at the other office of the federal government. they take the money and you are in a situation in which my constituents in some cases will be paying over 56% on their ordinary income. i don't know what a fair share is. it keeps rising. it's a 5% increase on many californians is a big increase generated by what i think was a good intention but not a good bill. we need to get it fixed. the speaker of the house came out to california and promised a large group of his supporters he was going to attempt to fix

the california thing and to me that means he is going to have to deal with the state income tax in a fair way. >> jon: congressman issa who voted against the house tax bill and now you know why. >> julie: alabama republican senate candidate roy moore is refusing to redraw from the race. we go live from birmingham, alabama. the battle for tax reform. brand-new details emerging on the death of a border patrol agent in texas while police hunt for his killer. what we are learning about the investigation. >> it is going to be risks for those families. it is a scary thing sometimes to wonder if your loved one is okay.

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breathe freely fast wmy congestion's gone. i can breathe again! i can breathe again! vicks sinex... breathe on. >> julie: a fox news alert. urgent manhunt in texas for the killer of a u.s. border patrol agent. 36-year-old martinez died from his injuries and his partner is hospitalized in serious condition. martinez was found at the bottom of a deep culvert in an area known for drug activity. local residents say they are aware of the danger our border agents face. >> absolutely. there is no structure out there. they are out in the elements. many times they are actually short staffed. they don't have other resources that your typical law enforcement would have out here.

>> julie: casey stiegel is live in dallas with the latest on this sad story. >> the f.b.i. now saying that both of these agents suffered from traumatic head injuries and broken bones. but they have still not released exactly how they were hurt. only said that two men were discovered in the culvert area right off of i-10 near van horn, texas. as we know, this man, agent martinez was so badly injured he was airlifted to an el paso hospital but did not survive. published reports say he was engaged to be married and was a father. his partner another u.s. border patrol agent remains unidentified and is still in intensive care. he is now listed in stable condition but the national border patrol council, the group's union said the surviving agent does not remember what happened and complicating the investigation.

leaders from the union also have said the agents were attacked by rocks and beaten. no other law enforcement agency will confirm that information. a key law enforcement official warns not to jump to any conclusions just yet telling the associated press that it is entirely possible this was an accident. that agent martinez may have fallen into the culvert and his partner could have been hurt trying to rescue him. a spokesperson with customs and border protection has told us today that they are working with the f.b.i. to schedule a news conference for this afternoon. a time is yet to be determined but julie we're hoping we learn a whole lot more information when that briefing finally takes place. we'll keep you posted for sure. >> julie: casey stiegel. thank you so much. >> jon: alabama republican senate candidate roy moore facing multiple accusations of sexual misconduct and

widespread calls from top republicans to drop out of the race but moore shows no signs of backing out. >> let me set the record straight. even after all the attacks against me, against my family, against the foundation, and now against my husband, he will not step down. >> jon: we're live in huntsville,al alabama. >> moore's opponent released a new ad targeting republican voters. quotes from prominent republicans supporting what they have heard from moore's accusers, watch. >> conservative voices putting children and women over party. doing what's right. >> the ad ends with a vote from ivanka trumps. he will reach out to moderate republicans. he will need to do that if he wants to win.

the moore campaign is refuting the allegations of some accusers, including beverly young who claims when she was 16 years old moore offered her a ride home from the restaurant she worked and assaulted her in his car. there was a waitress at old hickory for almost three years from 1977 to 1979 and i never saw roy moore come into the restaurant, not one time. the campaign quotes former employees at the mall to debunk a report in the new yorker suggesting that moore had been banned from the shopping center because of unwanted contact with teenage girls. the former operations manager is quoted saying in my 26 years working at the mall i never heard anything about roy moore being banned from the mall or any other mention of issues concerning him. the moore campaign criticized the media for spreading these allegations and said that alabama voters would be able to see beyond fake news.

jon x >> julie: still ahead a massive firelighting up the skies in michigan. what caused this one and when residents can go back home. a federal judge blocking the president's executive order on sanctuary cities. we'll have a debate next. >> it would be to make sure people understand that the police are there to help them and secure their environment and make sure that they can put criminals in jail. this sends just an absolute wrong message about going after criminals. hello, i'm an idaho potato farmer. you've probably seen me running all over the country in search of our big idaho potato truck. but not any more. i am done with that. ooh, ooh hot - just gonna stay home on the farm, eat a beautiful idaho potato, and watch tv with my dog... tv anncr: the big idaho potato truck pulled into town today and it's really a sight to see. oh man...let's go.... (distant) you comin', boy?

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morning on the beach until... it... wasn't. don't let type 2 diabetes get between you and your heart. because your risk of heart attack or stroke is up to four times greater. but there are steps you can take to lower your cardiovascular risk. talk to your health care provider today about diabetic heart disease. and find out more at heartoftype2.com. your heart and type 2 diabetes. make the connection. >> jon: a fox news alert. a good one. take a look at the dow on this thanksgiving week. up 180 points. 23,610. 60 points above its previous high. the dow, the s & p and nasdaq all on track as of right now for record closes on this day.

the s & p 500 hit a high, the russell 2000 also hit an all-time high. we'll watch it closely as it ticks down towards 4:00 p.m. on the east coast. right now things are looking rosie on wall street. >> julie: federal judges blocked president trump's executive order to cut funding from sanctuary cities that don't cooperate with immigration authorities. congresswoman marsha blackburn says the blow back will be crippling. >> i think this is a danger to the safety of our communities and cities and i think it's a danger for the rule of law. >> julie: let's bring in brad blakeman, former assistant to george w. bush and a worker with chuck schumer. the judge finds the executive order unconstitutional. i know you agree. what is the solution to our immigration problems if our

borders have remained unsecure for years and why millions of illegal immigrants have gotten here in the first place? >> on the executive order it violates the fourth, fifth, tenth amendment and separation of power doctrine that's probably a record in an executive order to that many violations of the constitution. what needs to be done needs to be done legislatively. we need to go back to the drawing board, pass come prehensive legislation that's tough on the border and fair to taxpayers and people who are hear peaceably and practical and solves this problem for good. that's the path going forward. >> julie: the brave men and women trying to be tough on the border are obviously being defeated. the manhunt going on right now in texas after a killer killed a u.s. border patrol agent is a startling reminder of our huge immigration problem. one agent died, partner

hospitalized. they were attacked and beaten by rocks and in an area known for drug activity. it is these illegal drug dealers that seek refuge in these sanctuary cities knowing federal funds are going to protect them. >> absolutely. that's what has to stop. we've seen this activism by federal appointed judges before and we saw it with the extreme vetting executive orders and they're moving giving into aid and comfort to sanctuary cities who are blatantly and quite frankly proud of the fact that they are protecting illegal aliens within their jurisdiction. we have currently over 300 state and local jurisdictions around the country flouting the law at great exposure to the men and women who are supposed to be upheeleding the law. the president has every right under the constitution, obligated to preserve and protect our country and we cannot pick and choose in america the laws we seek to obey. >> julie: there is also another issue here, jim. maybe you can see this, too. the ruling nullifies the executive order trump signed in

january to crack down on sanctuary cities that don't comply with immigration and customs enforcement requests for assistance. what does that message send to local law enforcement who want to go after illegal and violent criminals, many of whom seek refuge in these sanctuary cities? >> first of all, you can't just pick and choose what parts of the constitution you are going to follow and what parts of the constitution you aren't going to follow. this is blatantly unconstitutional. constitution was written on parchment paper, not toilet paper. the answer is we need to do it in a constitutional way. these so-called sanctuary cities, when there are violent illegal immigrants turn them over to ice, what the federal government, what the trump administration the cities to do hold people without a warrant who are non-violent offenders of some law, and that's not the way it will be done. we have to do -- >> you just said it. you can pick and choose the

laws you want to obey. if they're here illegally they've already broken the law. they're already in violation of federal law. so state and local municipality can determine what laws they want to obey. that's not our system. >> brad, the constitution and these judges and all of them are finding other ways that you need something more to detain somebody. look, the federal government -- >> there is probable cause to believe, that's the standard. >> julie: probable cause is having a criminal record and somebody who has been arrested five times and has committed murder these people who committed one crime should be out. no three strikes. there are so many people who have actually had been allowed back onto city streets. most of these criminals are repeat offenders. that's a fact. so that is something that obviously is not working. president trump had promised to build a wall. that's not happening any time soon. and now these criminals now have a safe haven.

i'm not saying everybody in illegal should be kicked out but the criminals shouldn't have a safe haven. that makes no sense. >> depends if what you are saying a criminal. somebody with a broken taillight or somebody with violent crimes. they're being turned over to ice. when they are doing something less like a broken taillight. that's a violation of the constitution. let's solve it in a comprehensive way. >> vladimir putin meeting with syrian president bashar al-assad. might they be brokering an end to the syrian civil war? how the white house is involved. residents in detroit back in their homes after a massive fire forces them to run for their lives. what caused this inferno. excuse me a minute...

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>> julie: evacuation orders now lifted following a massive gas line fire near detroit. this fire broke out monday night on vacant land. eventually burned itself out. the blaze occurred after a gas transmission line ruptured but they're investigating the cause. no injuries have been reported. >> jon: new information now on syria with russia's president putin meeting with his syrian counterpart bashar al-assad ahead of a summit and u.n. sponsored peace talks. this after putin and president trump spoke informally last week and agreed to principles on war torn syria. president trump just wrapped up a phone call with president

putin as well. connor powell with an update. >> bashar al-assad during a quick trip to russia yesterday thanked publicly vladimir putin for, quote, saving syria. that according to a russian statement put out earlier this morning. while putin again is backing the u.n. peace talks that are set to take place in geneva here in the next couple of weeks. this comes, however, as russia's military operation in syria both against isis and anti-government troops is beginning to wrap up. putin and assad congratulating themselves publicly for their joint work battling terrorism. that, however, is according to the syrians and russians not just groups like isis but also anti-government forces. at this point the syrian government controls much of the country of syria, although there are still pockets where isis and other rebel groups do control some area. despite the calls by putin and others to sort of work on this

public solution, this negotiated peace for syria, moscow isn't about to see assad and his regime be kicked out or voted out of syria. this is very much a call to opposition groups to accept that the syrian government led by bashar al-assad have won this war and come to the negotiating table to accept that victory. putin has spoken with president trump here just in the last few minutes. they are in agreement to begin this negotiated peace agreement. what more they will discuss and agree on in future talks is still being worked out between the white house and the kremlin. but they do see eye-to-eye for the most part that assad is the seeming to stay in syria in control. the larger question going forward is what type of government will this assad regime lead there. >> jon: connor powell in our mideast bureau. thank you. >> julie: stunning new

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>> a fox news alert. four hours before the end of trading today, the dow is on a tear, as are most of the recorded stock markets. 23563 was the all-time high. it has blown by that. have you checked your 401(k) today? 23,612 right now. about 40 points above its all-time high close. right now, the russell 2000, not only the dow, the nasdaq, the s&p -- i just needed a little reminder there. are all hitting highs if he

finishes again, the dow above a new record. >> passes 2600 for the first time. led by tech stocks. some good news to end on tonight. thanks for joining us. >> "outnumbered" starts right now. >> a fox news alert. the longest-serving member of congress of michigan denying he ever made any sexual harassment settlement. saying he knows nothing about the claims first reported by busby news. the web site claiming that he filed a report because she rejected his step that marked sexual advances. lawmakers that he only learned about the story today. this is "outnumbered" ." it's tuesday. happy tuesday. i'm sandra smith. here today, the anger of the intelligence report on fox business, trish regan is here. i was news contributor lisa boothe. a former deputy spokesperson for the state department, marie harf. in today's #oneluckyguy, fox and friends weekend cohost and senior