>> people that support him will claim victory. others will say the government won out on this one. martha: see you back here tomorrow. another day with gregg. "happening now" starts right now. "america's newsroom" which is you, have a good day. we'll see you tomorrow. jon: fox news alert on two high-profile military courts-martial right now. a judge sentences army private bradley manning to 35 years in prison. he was convicted in one of the largest leaks of u.s. secrets in history. in texas the accused fort hood shooter rests his case without calling any witnesses to testify on his behalf. nidal hasan is accused of killing 13 people and wounding dozens at the military base in 2009. he could face the death penalty. we have live reports on both of these cases coming up. but first, brand new stories and breaking news. >> she was taken against her will by a suspected killer and family friend. now a request for this kidnapped

teenager to give a dna sample. who is asking for this very personal information? also, is it safe to go into the woods if you're end of summer plans take you outside. you better beware. our medical experts on the rising signs of ticks. video of an unbelievable crash. it is all "happening now." jon: and we begin with this today. just how massive is the government's snooping program? a new report says probably more than you might think. good morning to you, i'm jon scott. heather: a whole lot more. i'm heather childers in for jenna lee. the answer to that, 75%. that is how much of the internet traffic the national security agency has the capacity to spy on at any given time. that is according to a new report from the "wall street journal" the report

suggests the existence of a wider online surveillance apparatus than previously acknowledged, paid for by your tax dollars. chief intelligence correspondent catherine herridge is i have for us in washington. catherine, what is the reaction from the nsa? >> reporter: heather, the nsa is pushing back against "the wall street journal" story this morning though officials do not point to a specific claim other than saying the figure of 75% is overly broad. in a statement to fox news a nsa spokesperson says quote, nsa signals intelligence mission is centered on defeating foreign adversaries who are aiming to harm the country. we defend against threats and working to protect privacy rights of u.s. persons. it is not either/or. it is both. the use of the devices that allow the agency to pull data in real time as it passes through web networks. the in. sa's definition of collection relies on an intelligence directive which defines collection as analyzing

retrieving information, not actually storing it, heather. heather: catherine, where does it leave the administration? >> reporter: in his most recent comments on the ns aft controversy president obama said more americans learn about the nsa programs and safeguards built into the programs he believes the more comfortable he will be with the level of surveillance. >> i'm comfortable that the program currently is not being abused. i'm comfortable if the american people examined, exactly what was taking place, how it was being used, what the safeguards were, that they would say, you know what? these folks are following the law and doing what they say they're doing. >> reporter: but in a "fox news poll" published last week nearly 3/4 of americans believe the nsa electronic surveillance of everyday americans is serious with the minority believing it is just a phony scandal. this comes as journalist glen greenwald who broke the nsa

story is promising to focus on the work of the programs after his partner on the left was temporarily detained over the weekened on a british terrorism statute. heather. heather: catherine herridge live for us. thank you, catherine. >> reporter: you're welcome. jon: so the government gets to decide which content is monitored? our next guest says that is like the fox guarding the henhouse. morgan wright was part of the state department's surveillance program. i remember a story i did for nbc dateline 20 years ago. we talked about the hacking and this thing called the internet and i had to go to great lengths to deny it, i mean define it. that is two decades ago look how far we come. everybody is using email, internet and so forth. seems like technology has gotten out ahead of the law on this one. >> jon, you nailed it, it is probably 10 if not 20 years ahead of the law. it is not a technology issue when we're talking about the nsa. it's a policy issue.

what is the definition, depends on the what the definition of is is to quote a famous politician. what is the definition of probable cause or reasonable expectation? how are programs defined? how are filters done? how are algorithms developed? it's a policy issue. the technology does exactly what it is programmed to do but it is people side of the equation that the real issue lies. you're right, jon, the law is always catching up to the policy we've seen that on the wiretap issue. jon: when the nsa folks come out and say, oh, well we inadvertently vacuumed a bun of information we didn't mean to they're basically saying we messed up programing the computers. >> right. you task somebody to do something. then collection, fusion, analysis, first three steps then produce and disseminate. we automated so much of that. we take it out of the hands of people. we don't have eyes on, actual analysts looking at information a lot of that is automated. by the time the damage is done

it is too late. we collect emails and video chats. you can't unring a bell and on do the collection once it is there. we don't even know what we don't know. we don't know how much stuff is there at this point. jon: i think charles kraut hammer is brilliant and he said what the nsa is collecting is much like outside of an envelope shipped by the u.s. mail. the address, the return addressings, that kind of thing. but it sound like they are in fact collecting more information as you said. video emails, content of e-mails, that kind of thing. they're actually getting inside the envelope we're finding. >> jon, you brought up a point we talked about 20 years ago. back then it was probably just e-mail of as the web page came out, netscape was first, mosaic browser are very small information. voice is over ip. data is over ip. data is over ip. everything is over the network. we're not just collecting e-mails. there is no envelope unless it is encrypted. if it is clear you're getting

everything including contents. if you go through gmail you given them permission to scan through emails to provide advertising. this stuff is being scanned. let's not kid ourselves. they know more about us than we know about ourselves at this point. jon: if 75% of the domestic e-mail traffic is essentially open to the nsa for scrutiny, i mean that's billions and billions of records, how does any court pretend to try to keep track of that? >> jon, that's the thing i think we struggle with and to your point the technology is so far ahead of the law. how can you provide effective oversight and management when you don't know the problem exists, you don't know what questions to ask to illuminate the issue to find out what we should do differently? at some point it is the fox guarding the henhouse. you have to take their reputation, yes we're doing the right thing. more we see things outside boundaries of terrorism, look we're all americans, we all want to be safe. the question is how much privacy are you willing to trade for

security? that is pillar issue. technology issue is another thing it gets down to the policy who is driving policy. who is changing definitions of probable cause and reasonable expectation. we gone from a two-lane highway to eight-lane highway with no toll lines and it is almost like a free-for-all right now. jon: if i send an email to the somebody in the office next door it is perfectly possible that is somehow will be run through a server across the pacific, isn't it? >> and as we look at multinational corporations where they have their headquarters, their i.t. centers, not only that, there have been a lost cases where the fbi gotten involved you have to prove interstate nexus. the fact you used e-mail and went to server somewhere else and came back, provided interstate nexus. it could go to canada which is rim. it could go to other places. and when it does, any messages you send on blackberry going to canada and coming back. that would constitute international message. jon: obviously as you say the

law has to catch up with the technology and there are a lot of questions yet to be asked and answered. morgan wright, we thank you for your expertise. >> you bet, jon. good to see you again. heather: a massive outbreak of western wildfires straining national resources, costing the country more than a billion dollars. nearly 20,000 people now battling more than 40 uncontrolled wildfires from california to montana. adam housley is live in our west coast newsroom. so, adam, we hear another fire has popped up this time near yosemite. >> reporter: yaw. you could even say heather the fires are burning from arizona to alaska to give you more perspective. about the money, spent one billion dollars, gives you idea we're more than halfway through fire season and we're approaching 1.9 billion would be the most we're ever spent. gives you idea perspective what is being spent out there. really the last week the fire season exploded here in california. the video is coming from the rim fire near yosemite. it is on the outskirts of

yosemite, burning up acreage, significant acreage. more than 10,000 acres have burned and nearly 1,000 firefighters are on the line there. it closed down part of highway 120. if you know that is one of the main thoroughfares into yosemite. one of the fires burning across the west. 40 active fires all told and firefighters continue to say they're stretched thin. firefighting is now a year-round event. 10 years ago, you most firefighters would tell you they have a couple months off in the winter. doesn't seem like that any longer as fire season shifts from the northwest down through california as we move into sent, october, and into november, heather. heather: adam, what is the latest on these other fires? >> reporter: we have fires of course which talked about yesterday in idaho. we have in fact some video of that, the beaver creek fire. 1800 firefighters are sill there battling that blaze. they had real good news overnight as you see flames from sunday and monday on our air. over the last two nights they have had cloud cover, higher

humidity and lower winds and lower temperatures allowed them to get 30% containment on this fire that has burned more than 106,000-acres in the middle of idaho. that cost nearly $12 million for just this one fire alone. weather helping firefighters there. we have fires burning in oregon, for example, along the columbia river george, more than 5,000-acres. a cowell of homes were evacuated there. a good news if you can say there is good news right now, heather, you don't have a massive amount of homes threatened. you have a lot of cabins. the yosemite fire is mostly cabins and outbuildings. we however still have a long way to go in fire season. right now the northwest is getting the worst. as we move along from summer into beginning of fall that is when the fire season generally shifts further south as rains come north. firefighters are telling you, we're already tired. it has already been a busy scenes, but we still have parts ever september and october to go. heather. heather: thanks for joining us

adam. jon: there is a shocking request of the family of a deceased alleged kidnapper and murderer. the family of james dimaggio is asking the teenager he allegedly abducted to provide them with a dna sample. you won't bel why. as the white house near as milestone in implementation of obamacare, new reports on the republican strategy to pry to preven that law from going into effect. we'll talk about it coming up. too big. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection.

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heather: right now, new information on some crime stories that we're keeping an eye on for you. a bizarre twist in the murder kidnapping case that gripped the nation this month. james dimaggio was killed in a manhunt after he allegedly abducted teenager hannah anderson and killed her mother and brother. well now, dimaggio's family is

asking anderson for a dna sample so they can determine whether dimaggio was her father. in iowa police say the 71-year-old man shot and killed an escaped inmate after the suspect held him and his wife hostage in their home. the inmate also allegedly wound ad deputy during his escape. day three of a virginia murder trial underway. prosecutors are expected to play the taped confession of the suspected murderer in court. julio garcia is accused of stabbing vanessa sand in 2010. he was allegedly high on drugs at the time of the murder. jon: well, there are new developments in the fight over the president's health care law. pro and anti-obama care commercials are flooding the airwaves. you probably have seen some of them as the white house ramps up efforts to begin enrolling people in new health care exchanges. also now as congress returns to work next month, eyeing approaching deadline to fund the

government, appears increasingly unlikely that republicans will force a government shutdown over obamacare. instead some conservatives think there might be more productive way to go of at president's controversial health care law. let's talk about it with the national correspondent for the "national journal." there has been at love talk, you hear it, especially from senator ted cruz of texas, we should shut down the government rather than let obamacare go into effect. but apparently in the house leadership there isn't much sympathy for that line. >> well, that's right, jon and you have this whole issue was led by three very conservative senators earlier this month. it was ted cruz, marco rubio, and you also mike lee from utah. those guys put the issue front and center and they floated it and didn't get a lot of traction from republican senate leaders. house leaders have never been a big fan of this. back in january house leaders mapped out a fiscal strategy for

the year and they had always said that a government shutdown would never be good, whether it came in march, last time we had to do a funding resolution or coming in this fall. they always knew that the poll numbers were not on their side. americans would blame them for shutting down the government, more than they would blame president obama. so what weave seen, from house leaders is a strategy where they're going to take the debt limit to the brink. this idea that the federal government needs to increase its credit limit to continue spending, sometime this fall. house leaders say there is no way they're doing that without more cuts. and they believe that's where they can play and really have leverage. they're not so interested in looking at shutting down the government. jon: you hear the president routinely blame republicans in congress for failing to advance his agenda. i mean as long as the republicans only control the house of representatives, it is pretty tough for them to threaten a government shut down and get anything accomplished unless they have a lot of pep from senate democrats and

they're not likely to get that from something like obamacare, aren't they? >> absolutely not. that's why you have leaders like house majority leader eric cantor saying they have no interest in shuttings down the government. even some tea party republican senators like ron johnson from wisconsin said is almost impossible that president obama would reverse himself on obamacare. remember, if you're going to threaten to the shut down the government and you're going to shut down the government, that means that you're willing to keep it shut down until president obama breaks, says okay, you can defund my signature domestic achievement which many republicans in both house and senate know is very, very unlikely. jon: we've seen obamacare itself is under this massive delay. big parts of it are not being implemented. so the idea you're talking about is delay obamacare even more in exchange for a raise in the debt ceiling? >> well i think, what they will

look for is, more spending cuts. they want to change the way that medicare and medicaid is doled out to americans. they want to really take those entitlement programs and fundamentally reform them because everyone agrees, that what is driving the debt and deficit are these huge entitlements that the government is on the hook for. without reforming them, you're going to continue the problem. so republicans will really look for cuts in not just obamacare, but certainly across the board on medicare and medicaid. jon: chris frates, from the "national journal." thank you. >> thank you, jon. jon: you can also stay up on all the latest political developments on stories like that with everything else in politics with the power of fox news. sign up for our fox news first daily politics newsletter at foxnews.com/fox news first. heather: still to come, a cell phone capturing a truck flying off of a guardrail.

what happens next? the video you have to see. plus a shocking crime shaking a community to its core. three teenagers charged with a senseless murder. we'll talk to a psychologist about what would drive someone to kill.

jon: incredible footage caught on camera of a wild crash in michigan. police say a man is seriously injured after the pickup he was driving, left the highway, barreled down the median and went airborne between highway bridges and landed in a creek. video of the accident has gone viral. the woman who shot it, she saw the truck out of control, hitting signs and speeding down the median in moments before it launched off the median into the

creek. investigators think the truck driver had a medical problem. he is going to be okay we're told. heather: new information on a horrific murder in oklahoma. three teenagers have been charged in connection with the death of a college baseball player from australia. police say that they randomly targeted the student and they shot him in a drive-by. a witness rushing over to help calling 911 begging the dispatcher to send help but it was too late. >> there's a lady here and she is giving cpr. >> okay. >> they're coming okay. they can't come any faster. they're on the way. >> all right. i know you can't but it is upsetting that you need somebody. final i sigh them coming up the street and that's closest. >> has he stopped breathing? >> has he stopped breathing?

>> yes. yes, they said he has. finally here's some, finally here's some police. heather: a police say one of the teenagers confessed that he and his friend were bored. this stunning admission leaving many to wonder, how someone could think of murder as a way to pass the time? joining us now is dr. charles williams. he is a psychologist at drexel university. thanks so much for joining us. i understand you go by dr. chuck. >> thanks for having me, heather, yes. heather: we hear this story and this was exactly what was said according to investigators by one of the teenagers, the youngest of which is 15 years old. we have a 15, 16 and 17-year-old involved here. one of them allegedly said, quote, we were bored and didn't have anything to do so we decided to kill somebody. why in the world would they do this and what is going on in society that would cause them to do this? >> you know, heather this is

such a sad and tragic and unfortunate story about senseless violence. it is not unusual, unfortunately, for young people who engage in these kinds of inappropriate acts of aggression to say when pressed for a reason why, i don't know. i was bored. that's not unusual. that is usually because they're not aware of the reasons or the motivations for their actions. so instead of being able to come up with a valid and appropriate response, they will say, you know, i was bored but my guess is probably that is not the real reason why they decided to do this. heather: so saying boredom is masking another motive. what would the motive be? >> a lot of things. i think one of the biggest issues we have, i believe there is probably up tick in thrill-seeking among our youth, trying to get attention for the things they do no matter how unconscionable those acts are. i think on top of that, folks like me, mental health experts, are sort of thinking about that maybe we are not as empathetic

as we used to be say a few years ago and maybe we see more of that for example in our kids and the reason why i say that because one of issues i deal with is bullying and we have research to show us bullying is taking place as early as prekindergarten. there is something happening in society at large which we always know is magnified. because of children where they are cognatively and lack of coping skills and make sense of the world around them. heather: dr. chuck, i'm listening to this and i'm thinking about this baseball player. i was from australia. he came over here to play baseball in college. he was visiting his girlfriend. randomly drove by the home where the suspects were. they killed him. they shot him point-blank. are these offering excuses? what happened to the moral compass? >> i think that's an excellent, excellent question. as i talk about the lack of empathy i do feel myself things like morals and values and

character, even character education, those things aren't as important anymore. in our society. before it was so important to teach our kids character. please, thank you, empathy, you know, being able to feel for the harm and pain that another person may experience. i see us focusing on those things anymore. in fact what i see in our society, like reality t. have, you're rewarded for inappropriate aggression and for displaying a lack of empathy. that is probably a part of what we're seeing here. when ever we have a problem in society at large, our kids usually manifest it and in very serious, serious ways. point to something we need to examine as a whole in our society. heather: also perhaps important to mention, prior to lane's murder, they posted on facebook apparently bang, bang, two drops in two hours and had planned to kill two individuals. thank you for joining us, dr. chuck. we appreciate it.

>> thank you, heather. jon: well they are called, smartphones but is it wise to use one especially in the government gets its way in a case where your mobile device can be used against you? you will want to hear about this legal showdown. and it is the other crisis raging in the volatile part of the world and we're not talking about egypt. new allegations of chemical weapons used in syria. ambassador john bolt on what that might entail on future u.s. involvement in the region. [gunfire] uh-oh! guess what day it is?? guess what day it is! huh...anybody? julie! hey...guess what day it is?? ah come on, i know you can hear me. mike mike mike mike mike... what day is it mike? ha ha ha ha ha ha! leslie, guess what today is? it's hump day. whoot whoot! ronny, how happy are folks who save hundreds of dollars switching to geico? i'd say happier than a camel on wednesday. hump day!!! yay!!

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jon: having a smart phone may be everyone's choice but constitutional rights do not necessarily come with it. there's a legal showdown over whether law enforcement can use your mobile device to track your every move even without a warrant. doug is live with that controversy from washington. doug? >> that's right, jon. in april of 2011, two computer scientists announced at a technology conference that they had discovered that the apple iphone and the 3 g ipad were regularly recording their devices' locations in a hidden file. apple could track every step they had been not even for a few hours or weeks but for nearly a year. a week later apple announced major changes. it would no longer be transferred to a user's computers.

users could delete all locational data on the device and on the iphone it would be encrypted and the company had no plans to ever track users. but many questions remain. "the washington post" editorialized this weekend, if the police arrest you, do they need a warrant to rifle through your cell phone? they've been split on the question. obama administration asked the supreme court to rule that the fourth amendment allows warrantless cell phone searchs. and just as troublesome, americans who use a cell phone may not know it is completely legal for law enforcement to track somebody's movement through their cell phone without getting a warrant. but the eager cooperation of cell phone companies and internet providers, critics say the government's capability to violate your privacy are limitless in the digital age. >> only a personal information that is out there and from that, they could piece together your social security number, too, for that matter but they are

collecting all your email, your web browsing, at the very least your phone call data records which tells them who you've called and when. >> the administration has repeatedly assured americans that their emails and other data are not being examined. the truth is a lot murkier than that. jon: amazing technology and sometimes scary. thank you. heather: right now a new accusation that the regime in syria used more chemical weapons against its own people. according to activists, 100 people are dead from an alleged gas attack. the united nations already says more than 100,000 people have died in the civil war raging for more than two years now but the slatest reported atrocity reignites questions about the so-called red line. remember that? obama administration drew it when it comes to the use of such weapons of mass destruction.

former u.s. ambassador to the united nations john bolton is a fox news contributor and joins us with more. thanks for joining us. >> glad to be with you. heather: i've seen the video and pictures of this alleged latest attack, graphic images of women and children, one body lined up right next to another and what, if confirmed, would be the worst known use of poisonous gas during the country's civil war. do you believe the reports that this was, in fact, the use of a chemical weapon and how should the u.s. respond? >> well, i don't think we know enough to be able to answer that question, certainly the government of syria has used chemical weapons before and they have substantial chemical weapons capability. now, on the other hand, the asad regime has spent literally months negotiating with the united nations to limit the mission of u.n. weapons inspectors who are in the country now to investigate these

past chemical weapons usages. they've limited the scope of their investigation, they've delayed it and delayed it and delayed it so the trails have gone cold. so it's possible that the very moment these u.n. inspectors arrive in syria that the syrian government then killed another hundred or more people with chemical weapons. that's possible. but it would certainly put the syrian government in line for the stupidest government of the year award. heather: moments ago i was looking at the urgent wires and it crossed that russia has issued a statement in regard to this and they're calling this alleged attack or the information coming out about it saying that it's chemical weapons. they're calling it a provocation. so what do you make of that? >> i think the russians would certainly come to the defense of the asad regime. they've done it regularly the last 2 1/2 years. one can argue that it's the rebels themselves who have gained opposition to stockpiles of syrian government, chemical

weapons. we just don't know. this is not a defense of the asad regime. as i say, they've used chemical weapons before. i'm sure they're perfectly capable of it but until there's more evidence, i think it would be wrong to jump to the conclusion that this is the use of it. what in god's name would any government with a brain think about having held out these u.n. inspectors for months to turn around and the very time they're there, use chemical weapons again? it's possible. governments do stupid things. this would really be at the top of the list. heather: and not far from the location where this was alleged. so where do we go from here? by arming the rebels, are we arming al qaeda? >> in effect there's a big risk of that. certainly some of the opposition forces are led by closely associated with al qaeda and other terrorist groups and i think the risk that even if we gave weapons to elements of the opposition that we felt we could trust, there's no guarantee that a short time after the weapons

were transmitted, al qaeda wouldn't get their hands on them. that's one reason why so many people, myself included, have been skeptical about arming the opposition. heather: does the administration failure to take any kind of stand early enough to influence the countries who were ready to choose sides now give us even fewer options and how great is our influence? >> well, i think it does give us fewer options but let's be clear. the stakes in syria from the beginning were whether the obama administration was prepared to take on the asad regime's biggest supporter and that is the ayatollahs in tehran. it's tehran that stands behind asad even more than the russians. if you're going to get involved in syria, you have to recognize the real stakes have to do with iran and as al hague secretary of state used to say, whether the obama administration was prepared to go to the source,

they never were. they're not ready today. as long as they're not ready to do something about the regime in iran, getting involved in syria really is a sideline. heather: thank you so much for joining us. we appreciate it as always, ambassador bolton. >> thank you. jon: surveillance tape captures armed men jumping a terrified store clerk. why police want you to look very closely at this video. new details on the rush to save a woman's life after she was mowed down by a taxi cab in the middle of new york city. why she was very lucky that a well known doctor happened to be close by. >> there was a dog leash and a belt. amazing, two mundane things you wouldn't think of. they saved her life. every day we're working to be an even better company -

and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. jon: army private bradley manning sentenced to 35 years in prison for leaking those hundreds of thousands of classified documents to

wikileaks. more details on his sentence ahead. and some of the mysteries of a top secret lab revealed. what was really going on underneath the small town of lass lassal -- los alamos. heather: texas police can go for your help after releasing this surveillance footage of a violent robbery that happened in fort worth. two armed men you can see leaping over a counter of a stop and save store. one suspect threatening the clerk with a large knife. they emptied the cash register and swiped several cartons of cigarettes and then vanished. police asking anyone with information to contact them. jon: new information on a horrifying taxi cab crash we told you about yesterday during "happening now."

the severely injured young woman visited new york city. dr. oz, host of a publ indicated tv show, was in his office when he heard the chaos along with several others. they may have saved that woman's life. here is more. julie? >> pretty dramatic stuff right outside our offerses here. dr. oz heard the accident outside of his office window. the accident being blamed on road rage between a taxi driver and a bike messenger. the cabbie knocked into the cyclist sending him into the hood of the car while running over a 23-year-old, severing her left foot and nearly her right leg. british tourist was enjoying her first day in the city while walking with her best friend eat ag hot dog. next part of the story makes it sounds like a movie. a pizza truck owner then grabbed the severed foot and put it in the same hot dog vendor's ice

cooler where she had just bought her lunch but the hero was a plumber who happened to be walking by and made a tourniquet out of a belt. listen. >> i turned my head and dr. oz was there. oh, wow. dr. oz. what should i do? he said you're doing it. >> there was a dog leash and a belt. amazing two mundane things you wouldn't think of but they saved her life. between the two of them, we were able to stop the bleeding. >> her father telling a british newspaper she's in recovery and they have had to amputate what is left of her foot. he is flying to new york today to be by his daughter's side. the biker, meanwhile, suffered minor injuries and refused medical treatment at the scene. as for the taxi driver, well, the nypd tells fox he wasn't arrested but he was issued a summons for never filling out a form required by the taxi and

limousine commission he be driving that particular car. at the time of yesterday's accident, he wasn't carrying any passengers but you don't want to get in that guy's cab any time. jon: just an awful story. it would seem like there would be more charges forthcoming. nothing? >> it's surprising. he was involved in an accident in 2010 and has been cited for speeding as well. he's not the only aggressive driver in new york city but nonetheless. jon: thank you. heather: still to come, death of that 70s show star now reportedly being treated as suspicious. what police are saying today. plus a new report that shows lyme disease may be a much bigger problem than researchers thought. details raising new concerns. what makes your family smile?

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jon: right now some entertainment headlines we're watching. police reportedly are investigating the death of that 70s show actress, lisa robin kelly. she died in her sleep at a california rehab facility last week. an update on singer aretha franklin who has cancelled several concerts and appearances this summer due to unspecified health concerns. the star says she's doing better and her recovery has been miraculous. and dollywood is expanding. a $300 million face lift for the theme park of dolly parton. it's too include a new resort featuring large suites, front porches and even a fishing hole for the kids. heather: a concerning new report

said that lyme disease may be much more common than we first thought. according to the centers for disease control and prevention, about 300,000 americans are diagnosed with the tick borne illness each year and that's about 10 times as many as are officially reported. joining us now is dr. natalie azar, a physician at new york medical center. thank you for joining us. >> thanks for having me. heather: why the discrepancies in the numbers? >> these numbers come from three on going studies that the c.d.c. is conducting right now to try to give a more accurate estimate of how many lyme disease cases are present in this country every year. one study is looking at clinical laboratories to see how many tests are coming back positive and another study looking at insurance claims to see how many people are being diagnosed with lyme and the third study is sending out a general survey to the population and this requires a patient self report of lyme.

their estimate is 10 field -- fold higher than previously thought. it may be an overestimate. again, this is not a hard and fast number. this is sort of an on going thing but i applaud the c.d.c. for trying to get to a more accurate number than perhaps we previously had. heather: my cousin has lived with lyme disease for at least the past 10 years, perhaps more. one of the issues is raising awareness about the disease because one of the problems is misdiagnosis and people not understanding the symptoms. >> yes. and i think especially where we live in the northeast, 96% of cases of lyme occur in the 13 states right here in the eastern seaboard and the northeast. people have a fairly decent awareness of the disease but certainly we need to understand that in the spring and in the summer, when the nymphs where it's going to be transmitted has a higher prevalence that you need to take certain precautions such as wearing long sleeved

clothing, particularly at dusk, perhaps a light color so you can distinguish a tick on your body. you can use insect repellants. they're something new to me that i learned a little bit ago and that is something you can spray on your clothes and it's incredibly helpful to try to prevent tick bites. you can't prevent them 100% but you can try these things. heather: what about the symptoms? how do you know you have the disease? when do you go to the practitioner? >> we typically classify lyme as an early localized phenomena, middle stage and then late stage lyme. the early localized disease is characterized by that classic bull's eye rash that's present in roughly 80% of people. not everyone will have it. it's accompanied by flu-like symptoms such as fatigue, low grade fever, headache. that can happen from a few days to a few weeks after the tick exposure. after that if it's not detected and treated, it can evolve into

the second phase which can then become much more serious and involve the heart, it can involve the brain, the neurological symptoms, as well as multiple rashes and worsening fever and fatigue and the late stage is really the neurological, the arthritis. heather: and can be debilitating. >> correct. heather: treatment options? >> treatment options are excellent. your body will not make antibodies to the lyme disease within the first four to six weeks of exposure. if you think you've been exposed, take the tick out if you can and that's -- there's a lot of old wives tales. you take a tweezer, get close to the skin as possible, try not to break or crush the tick but get the tick out. if you can manage to get that out after you notice it on you, the likelihood of transmitting lyme disease is incredibly low. if you have the rash with the flu-like illness, you get your

labs checked and start on antiobiotics. the physician will have you come back to recheck. heather: i have to wrap you up. thank you so much. we appreciate the information >> thank you. copd makes it hard to breathe...

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heather: brand new stories and breaking news this hour. jon: a disturbing new claim that hundreds were killed in syria with poison gas. reports of a massacre using chemical weapons unconfirmed. we'll explore that. a new health care law at the center of the standoff between republican leaders and the tea party members. why one side is saying, do not blink. plus an incredible fish tale. one shark swallows another shark and this time, well, neither one got away. we'll have the pictures and the researchers working on the project. our second hour gets underway, the obama administration ramps

up efforts to launch the new health care law as republicans fight among themselves or whether to shut it down. i'm jon scott. heather: and welcome to a brand new hour of "happening now." good to be here. a conservative lawmakers are standing firm as they push plans to defund obamacare but according to national review on line, republican leaders on both sides of the hill are carefully moving away from a showdown with the white house and a shutdown appears remote. jon: that's not to say that tea party efforts are necessarily off the table. texas senator headlining a rally in dallas calling on members of the house to approve every penny of a continuing resolution except obamacare. the president has said he would veto the resolution that then could lead to a government shutdown and both sides claim the other would be to blame. senator cruz saying it is time to stand up and win the argument.

>> as president obama forces a partial government shutdown and republicans stand together and say we will not fund government that funds obamacare, you'll have an impass. if you have an impass, you want to know one size or the other has to blink. how do we win this fight? don't blink. [applause] jon: meantime, texas governor rick perry, a vocal critic of obamacare, is seeking $100 million under a provision of the health care law to help the elderly and disabled in his state. let's talk about all of this with juan williams. texas governor perry doesn't like obamacare but if it's going to offer him $100 million, he'll take it for the old folks in texas. >> that's right. obviously he is in charge of the state of texas. that's his obligation, his legal

obligation, jon, and he sees an opportunity to do business for the state of texas that benefits them. you've seen this in other states. rick scott down in florida, republican governors, there's a mix of them in terms of how they reacted to obamacare in terms of setting up the exchanges but just the fact there's a mix indicates the kind of divide you're seeing within the republican party and ted cruz and heritage now that are are the six city tour of opposition to obamacare represents the negative side, the rick perry side is being represented in washington by the congressional leadership, including speaker boehner on the senate side, minority leader mc connell but you get people like eric cantor and others who typically have been aligned with tea party folks saying this is not the right moment, this is not going to work. don't do it, republicans. we'll get hurt. jon: shutting down the government as ted cruz advocates, the fear is that

there would be blowback on the republican party that no matter how it all worked out, no matter, you know, how the whole process unwinds, republicans would get the blame. do you agree? >> well, yeah. it's not a matter of me a growing, jon. it's a matter of history. karl rove and others have pointed out historically when the shutdowns have occurred, it's the republicans who take the blunt of the political hit and that would hurt them going into 2014 and housing some very easy pickings in terms of senate seats and they don't want to see it. i think people who are invested in the party looking at the historical patterns say this is not a good move for republicans. jon: but you know there are people, the whole tea party class of incoming members of congress or relatively recent members of congress got elected in part because obamacare just so offended many voters out there and they're stomping mad

and chomping at the bit to try to stop that presidential program. >> well, and the numbers, the polls continue to show that there is wide scale opposition to obamacare for one reason or another. in some cases people think it doesn't go far enough but the opposition is there and now in this august recess people, if you're back to the town hall meetings, you saw so much opposition really bubble to the top and as you pointed out, led to the republicans gaining so many seats in the 2010 midterm election. the dynamic has shifted. not only has the supreme court affirmed the law but the law will go into place and you've seen some of these places i mentioned earlier put in places exchanges. we've seen businesses, you know, say they're increasingly figuring out ways to deal with it. we've seen delays in terms of the business mandate. all of this is the workings of the law that seems to most people to be inevitable. the republicans would have to get 14 democrats in the senate

to vote with them to even have a chance at obamacare and the congressional research office says even if that happened, there's so much money in the pipeline, it's inevitable it's now going to go into action beginning january 1, 2014. jon: as you know, the supreme court didn't necessarily endorse obamacare. what the chief justice said in his opinion was essentially, you know, if congress passes a bad law, it's not our job as a supreme court to overrule it. let the people -- let the legislatures fix the bad law. isn't that what they're trying to do or talking about doing? >> yeah. but they would need the votes, jon. it's more the individual mandates attack and they attack within the powers of the congress, it's not unconstitutional. it would be up to the congress to do it. but at the moment, given the composition of the hispanic, given the fact there's a democrat in the white house that sees this as his legacy, his primary legislative

accomplishment, there's almost no way to turn the sp around in time so the question is yes, you can make a protest, you can make a show of your opposition, you can stomp your foot on the floor but are we getting anything done? right now speaker boehner and others see this coming argument over the budget and over the debt ceiling as an opportunity to negotiate with the white house for some real concessions for conservatives. jon: we'll keep an eye on all of that this fall as those arguments come. thank you. >> thank you, jon. jon: you can stay up on all of the latest political developments with the power of fox news. sign up for our daily politics newsletter. heather: fox news alert now. military judge sentencing private bradley manning to 35 years in prison for his conviction in one of the biggest leaks of america's secrets in years. the 25-year-old former intelligence analyst turned over hundreds of thousands of classified documents so wicky

leaks and then that was when he worked as an intelligence analyst in iraq. peter is live for us from fort meade, maryland. >> and manning is being processed right now. that's the latest update we've heard about manning since about two hours ago when he sat very quietly during a very short sentencing hearing where the army judge came in, sat down and told him he is sentenced to 35 years at the military prison at fort lefinworth in kansas. his rank will be reduced from private first class to private e-1. he will forfeit all pay and be dishonorably discharged. that 35 years in jail is closer to the 25 years in jail that manning asked for than the 60 that the government thought was a fair sentence.

manning must serve at least one third of his sentence before parole is a possibility. next step from today will be an automatic review. lawyers look at the entire trial from start to finish and decide if there's any reason to appeal. manning can wave that right but with you don't know if he will. we do know that manning -- that the court spokesman said that things cannot get worse with such a review. things can only get better for him. last week he apologized. he said he is sorry for hurting the united states. he's sorry for hurting people and he knows that he does deserve to serve time but he said once i pay that past, i want to be a better person, to go to college, to get a degree and to have a meaningful relationship with my sister, with my sister's family and my family. now, if manning serves his entire 35-year sentence with 3 1/2 years of credit for time

served, he'll be released in his late 50's. we're going to hear a little more from his lawyers later on this afternoon, although a spokesman for the court told us prosecutors have declined to speak to the media later today. heather: if he serves only a third of it, he could be released in his 40's. thank you. we appreciate it. jon: now this fox alert. activists and rebel groups accuse forces in syria of carrying out a nerve gas attack reportedly near the country's capital killing possibly hundreds. meanwhile, as the violence rages there, according to a letter by general martin demsey, obama administration is opposed to even limited military intervention in that country. >> jon, just in the next couple of hours there will be an emergency meeting of the u.n. security council to discuss just these alleged gas attacks.

one of the things they'll be looking at is the video that has been uploaded by a number of rebel groups, supposedly showing the aftermath of these gas attacks, some of the videos we can show you, others are simply too graphic and some there's not really a weird in the english language to describe what they look like. the ones we can show you appear to show a number of people who have either died or are receiving treatment. however, no apparent wounds on them which would lead one to believe there either was a chemical attack or some kind of gas attack in the air. rebels are climbing there were upwards of 1,000 people killed in the attack, although there's no way to independently confirm the numbers. syrian government says the claims are, quote, baseless. russians who are the big backers of the syrians, have said the same thing. comes at an unusual time when you wouldn't think something like this would happen. there are u.n. chemical weapons observers and investigators in syria right now investigating claims of chemical weapons

attacks, just about four or five months ago back in march. they finally made their way to syria to look at those. we're just about a year away from when president obama said that a chemical weapons attack or the use of chemical weapons on civilians would constitute the crossing of a red line by the syrians. when that happened, the united states announced it was going to arm a number of the rebel groups there inside syria. that hasn't worked out so well. a little easier said than done, especially since a number of the best fighters, best trained, best motivated fighters that are inside syria are members of a group that's a group that's very closely associated with al qaeda. as you noted, the chairman has noted it's very difficult to arm the groups in trying to figure out where exactly these weapons are going to end up, how they end up. the video we saw today is an order of magnitude or several orders of magnitude more disturbing and worse than the video in previous attacks.

whether that changes policy in the region, that remains to be seen. heather: still to come, new details on the cause of that u.p.s. cargo jet crash and the eery similarities to last month's crash of an asiana airlines flight. plus one american toy company turning the tables by making their products here at home and then selling them to china. the details up next. hey linda! what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber!

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too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. jon: new questions about pilot procedures and automation in the cockpit as investigators find a common link between two recent crashes. the national transportation safety board is now revealing that the auto pilot and auto throttle were both engaged when a u.p.s. airbus jet crashed just short of the runway near

birmingham, alabama. controls apparently were consistent with recommended settings. pilots in that deadly asiana crash last month in san francisco also using auto pilot and auto throttle. investigators are looking now at whether the operating procedures -- they're looking at the auto procedures, i should say, to see what went wrong. heather: here's some good news for you. one pennsylvania based toy company is bucking a decades-old trend by making its toys almost entirely in the u.s. and then selling them to china. a reverse there. with some help on the marketing and retail side by a company based in ohio. rick joins us live with more on this story. >> we're all familiar with products made in china and sold here in america and now the chinese are getting a bit more familiar with products made here in the u.s.a. and one of the companies branching out to the far east and k'nex making lego-like building sets and

other toys since the 1950's. k'nex realizes they're hungry for u.s. markets, especially toys, so they worked with a company called export now to handle the complicated logistics. they say sales are now starting to take off. >> they want the same kinds of stuff that people in other economies want and they want their kids to have things that are engaging to do with and some of that can be video games and some more traditional toys. the kids are kids around the world. parents are parents around the world. they want their kids to be happy and they want them not to bug them when they're playing. k'nex is selling their toys with a huge markets. 600 million active users every day and china's single child policy could help boost sales according to the man who helped k'nex crack the china market. >> each kid, each single child has two parents and four grandparents so it's the 4-2-1

syndrome they call it and that kid will get birthday presents and other special gifts and so forth but there's no siblings to share it with, no cousins, no aunt and uncle. it just goes down the line to the one kid. why not buy something nice for your own child or grandchild. >> you can't compete selling ordinary stuff like white t-shirts but anything premium like nike, starbucks or k'nex do well. heather: it would be great to see other american companies doing that. thank you, rick. jon: update on two military courts marshal. the soldier learning his fate plus the self admitted gunman in the fort hood shooting massacre rests his case. a look at what is ahead in closing arguments. [ dennis ] it's always the same dilemma -- who gets the allstate safe driving bonus check. rock beats scissors! [ chuckles ]

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jon: the army doctor on trial for the 2009 shooting rampage at fort hood has rested his case. ha hasan told the judge he would not call witnesses. he killed 13 people at the military base. hasan faces the death penalty if convicted. casey is live at fort hood, texas. >> yeah, jon. if you blink, you would have missed it. no doubt all eyes were on major hasan when he came into the courtroom this morning and right after the jury was brought in, the judge gave him the floor and he uttered just three words. the defense rests. that means that hasan will not call a single witness just as you said to the stand on his behalf or take the stand himself to testify. at least in this guilty or innocent phase of the

court-martial, he will have the chance to speak again if the sentencing phase happens, if he's found guilty but then we had been told that the prosecution would immediately begin closing arguments. well, that did not happen. why? the prosecuting attorneys apparently were not ready. they asked for more time to prepare and the judge was not happy about that. she was shaking her head. she appeared aggravated and suggested that they begin after lunch. but the government still requested more time so basically, the panel was dismissed until tomorrow morning. so yet another delay in this long awaited court-martial but we are in the final stretch. deliberation should begin tomorrow after the closing arguments and after the jury gets its instructions, that is presuming there are no more delays. frankly, it's hard to sort of gauge what kind of a time line we're on here, jon, because it seems to be fluid and ever

changing. jon: doesn't seem like deliberations would take all that long, either. but i guess we'll see. >> who knows? jon: thanks, casey. heather: for more on this, a former prosecutor and a former defense attorney and they join us now. thank you for joining us, first of all. >> thank you. >> thank you. heather: so major hasan is accused of killing 13 people at this military base. he stands up today and he says, the defense rests. so were you surprised that he did not have more to say? >> actually i was surprised. i thought he would take the opportunity to take the witness stand and essentially tell his side of the story examine in doing that, he would admit to the fundamental element of the crimes he's charged with. but if you look at the trial and the number of witnesses the prosecutors have put forward and the extreme amount of evidence they put forward, i think he understands he's going to be convicted in this case.

there's not a chance that he will walk away and so he's done what he wants to do which is be a martyr. he wants the death penalty. he's still going to have the opportunity to speak in his closing statement. heather: we've heard from more than 30 surviving victims over the past two weeks. if major hasan had decided to speak today, would it have benefitted him in any way? >> no. but i don't think -- i don't think he cares if it benefits him in any way. his goal is to politicize what's going on and to, you know, praise allah so his goal is not to benefit himself. he's asking for the death penalty as faith mentioned so it wouldn't have helped him but none of this has helped him. he didn't call any witnesses on his own behalf and he doesn't have an obligation to under our laws, but he certainly had the opportunity to and if he was trying to help himself, he probably wouldn't have let his lawyers go, either. so none of this was with the aim of helping himself.

this was all just trying to have more time to talk n. that respect, i'm surprised he didn't take the stand but i expect we haven't heard the last of him. heather: and something that would have come out had he taken the stand and said more, no doubt, would have been his ties to, you know, his jihadist motivations which the judge ruled would not be allowed into evidence. what's your feelings about that? >> well, if he tried to actually testify about that, there would have been an objection. it would have been sustained by the judge. so he would not have been able to put that forth in his testimony even if he took the witness stand because she ruled it could not be allowed. every defendant has a right to defend themselves, has a right to do so poorly which we've seen in this case. he's coming into this trial with a totally different agenda. heather: prosecution, they will begin to present their closing arguments on thursday. what do you expect will happen next? >> well, i expect they'll present their closing arguments and hasan may get up and say nothing because he is limited to what he can argue so he might just -- he might waive his right

to have a closing argument and move on to the death penalty phase which is really what he's asking for to begin with so he might just be trying to hurry things along so he can get there. heather: all right. thank you both for joining us. we appreciate it. we'll see what happens next. >> thank you. >> thank you. jon: some surprise discoveries about america's past. a massive archeological difficult is telling us new things about those who came to this country more than a century ago. plus it used to be a top secret tunnel vault home to america's very first stockpile of nuclear materials. will carr now gives us the tour. >> jon, behind this vault door they used to house some of the nation's top nuclear secrets. we'll show it all to you coming up after the break. [ male announcer ] running out of steam?

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get the blood tests. change your number. turn it up. androgel 1.62%. ♪ [ female announcer ] when your swapportunity comes, take it. ♪ what? what? what? [ female announcer ] yoplait. it is so good. heather: welcome back. "happening now," the federal government pulling back the curtain on a long-held secret a tunnel hidden deep in the canyons of los alamos, new mexico, where the first nuclear weapons were designed during world war ii and bomb parts were stockpiled during the cold war. will carr joins us live from there with more. hi, will. >> reporter: hi, heather. this is the first time anybody has ever been live on the inside of this tunnel. we're 250 feet below ground. now at the end of this tunnel is a huge vault that really looks

more like you're inside an underground bank and i want to take you through this. bear with me. this thing weighs a ton. once you go through this vault you see a half dozen other vaults of the those for years were used to house some of the nation's top nuclear secrets. locked away, buried 250 feet below a fast-food restaurant. a secret tunnel. >> underneath a mcdonalds. >> we are underneath a mcdonalds. we really are. there was a guard force protecting this facility. early on there was a feeling by the community that lives here there there was something going on down here in the canyon. >> reporter: nobody knew exactly what it was. carved inside african i don't know next to the los alamos national laboratory a facility shrouded in secrecy. these were where the first nuclear weapons were designed as part of the manhattan project during the second world war. as part of the cold war the tunnel was built to protect

national security. >> it was used to store special nuclear materials. it was the stockpiled for the late '40s and '50s. this passageway, you could actually take a panel truck and drive down here to the bank vault report inside that vault -- >> reporter: inside that vault are five more vaults where they instored the cores of nuclear weapons. the tunnel was declassified late last year. >> your average person is really fascinated by the tunnel, mostly because it goes back to that cold war history. >> reporter: members the local community tell us they can't wait to get down here to check this out for themselves. right now this isn't open to the public but there are some special tours while they figure out exactly what they're going to do with this tunnel in the future. heather, back to you. heather: will carr, thank you, will. 250 feet down. jon: that's a lot of, that's a lot of safety i guess. they needed it in those days. "happening now," some

interesting insights into how americans lived more than a century ago. a archaeological dig ahead of a highway project in idaho turns up a treasure trove of all kinds of unique artifactses from the late 1800's to the early 1900s. hundred of thousands of medicine bottles to combs to buttons, toys, chinese laundry and even a rusted gun. joining us on the phone, the news editor of the bonner county daily bee in sand point, idaho. why did they start this dig, first of all, keith? >> it started because they were doing kind of a large highway realignment project for u.s. highway 95. jon: and, before they do that kind after project they want to make sure there is nothing they are destroying? >> correct. i think what, what caused it was, there was a federal highway administration dollars so that, because of that they had to do the archaeological dig. jon: so they have learned something as a result of all of

this about some of the first chinese settlers in that part of the west, huh? >> correct. initially it was thought that th had come through with the development of the great northern railroad but it looks like there's evidence that, that they actually might have preceded the railroad and come to ride hoe as part of the gold rush. jon: well, gold has its way of attracting people and the chinese immigrants were no exception. they weren't necessarily brought by the railroad, huh? >> correct. jon: what are the most interesting things that have been found in your mind? >> you know, i would have to say that, you know, obviously the patent medicine bottles are pretty interesting. they did two different kind of excavations. one of the city's red light district, and one of the kind of the commercial town site and one of the things they discovered was that the level of alcohol

and opiates in the bottles were covered from the commercial town site were higher than those found in the red light district. jon: so, a lot of the men were hanging out in the saloons, a lot of the women were left to take these so-called, patent medicines? >> that's what appears to be the case. jon: and these patent medicines apparently had quite a significant amount of opiates and alcohol in them? >> correct. jon: so they, the ladies didn't necessarily need to go to the saloons to get the same kind of kick the men were getting? >> yeah. archeologists, that worked on that kind of joked maybe that's why the victorrian image of women are, that they were prone to fainting and delicate, he kind of joked it was probably because they were loaded. jon: welshing okay. i won't make that accusation, but maybe that happened. keith, from the bomber county, daily bee. of sand point, idaho.

interesting stuff. love to see what comes out of the ground there. keith, thank you. >> still to come, mounting tensions in egypt as security forces continue their brutal crackdown on supporters of ousted president mohammed morsi, this as the u.s. considers its support of this key ally in the region. where we're headed next. plus firefighters gaining ground on this massive wildfire out west. the latest in a live report just ahead. [ bottle ] okay, listen up!

i'm here to get the lady of the house back on her feet. [ all gasp ] oj, veggies you're cool. mayo? corn dogs? you are so outta here! aah! 'cause i'm re-workin' the menu, keeping her healthy and you on your toes. [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. i see you, cupcake! uh-oh! [ bottle ] the number one doctor recommended brand. ensure®. nutrition in charge™. heather: "happening now," mounting tensions on the streets in egypt as security forces step

up their crackdown on supporters of ousted president mohammed morsi resulting in hundreds of deaths since last week. meanwhile an egyptian court ordering the release of former president hosni mubarak but it is not yet clear if the ailing ex-leader will walk after two years behind bars. all of this as the administration weighs its options on aid to this crucial middle east ally. jesse jane dubb, retired marine corps gunnery sergeant and advisory member of concern veterans for america commit team thanks so much for joining us. >> thanks for having me. heather: i want to ask you first about the aid to egypt. washington seems to be divided on the issue on sending the aid. it looks like the president wants to freeze the joint exercises but not yet cut aid and then you have other legislators, senator john mccain amongst them, who want to immediately freeze aid. what in your opinion should we

do? >> well, right now i think john mccain is in error with his judgement because he stated that this was a democratic election but it was not a democratic government. the constitution had been completely redone by morsi. when you are starting to suppress your people and cause the hardship upon the egyptians that they did, we need to recognize they seek freed many do. our aid, i have to side with the president on this, unfortunately he did not give, send a clear message of support to the egyptian people all along and now they don't trust us. so now we're hanging on the fence with our aid but guess what? saudi arabia is coming forward with $12 billion in aid. that is going to make our $1.5 billion look like a drop in the bucket because they are backing the army in this decision. heather: i want to ask you a little bit more about the image that we have and the image problem that's been discussed in relation to egypt. you know initially we backed morsi. as a result the muslim brotherhood. now we have both sides who

aren't happy with us. how do we resolve this? >> yes. we have been in this turbulence for some time. the initial riots that occurred on july 3rd against our own ambassador, anne patterson because we were sending unclear messages. the obama administration, told the general, please negotiate, please work with the muslim brotherhood and make everything work out and the general said no way and he has squelched them. he is getting massive support from the gulf countries in that area including israel. now when we start seeing israel, the united arab emirates and saudi arabia, all these countries teaming together i think the united states need to recognize, if we fall off with our support from egypt, guess what? we're making indication that we support the muslim brotherhood. if the muslim brotherhood should win this battle, we can say good-bye to the sinai. we can say good-bye to the peace

agreement we have in place, that they have in place with israel. this will all dissolve. i think the united states needs to make a very clear message, that they support democracy and he will courage assisi to get a democratic government in place as soon as possible. heather: gunnery sergeant duff, you were 20 years active duty in the united states marine corps. speak to me of your personal experience as such. other active duty troops who are watching watching this situation unfold in egypt, also across other areas of the middle east, what are they thinking as they're watching? what do they think needs to be done? you. >> know i think right now, active duty that served anywhere into the middle east, we've had problems over there for many, many, many years. starting, prior to desert storm. i think active duty needs to look at our government and see that we have a decisive measure and right now the obama administration has done anything but that. general el-sisis made a very

clear statement to the administration. if you don't support the egyptians, we will never forget. that was said roughly a week 1/2 ago. think our active duty, depending upon our commander-in-chief to make decisive decisions. right now the muslim brotherhood is dissolving our coptic christian how much churches over there they're being lit up on fire and all of us on active duty understand what religious freedom is all about. we have to send a message that we support a strong bought. we have to help the general make that happen but if we turn our backs and we withdraw from this in every way we can watch israel have serious problems in the sinai, which means our active duty is back in the desert. heather: absolutely. coptic christians making up 10% of the population there in egypt and definitely being targeted. gunnery sergeant duff, thanks so much for joining us and for your expertise. >> thank you for having me acres couple of earthquakes shaking mexico striking 60 miles east of acapulco. the first hit this morning with

a magnitude of 6.2. a second smaller quake followed 24 minutes later. the shocks were felt 170 miles away in mexico city where office buildings swayed. so far no reports of any serious injuries or damage though. heather: jon, there is new information this story. a bizarre one coming out of south florida. the autopsy reveals the identity of a 41-year-old contractor who apparently killed himself inside of a home owned by singer olivia newton-john and her husband. the man died sunday of a self-inflicted gunshot. officials say construction was being done on the home at the time. it is located in palm beach county. jon: "happening now," a surge in home sales. the government reports nearly 5.4 million homes selling in july, the best showing since november of 2009. economists say the spike in home sales shows housing continues to the drive the economy. heather: and still to come, a stunning report in today's "wall street journal," on how the nsa may be tracking your

every phone call. and email or any electronic message for that matter. why the government's reach when it comes to spying on ordinary americans may be much more broader than we already knew. plus, not sure this will be on your thanksgiving menu. a sea turducken was discovered. one of the scientists, is this a shark eating a shark? jon: yep. turducken of the sea. [ male announcer ] this is brad.

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... jon: well, "happening now," what is being called a sea turducken. normally when it comes to turduckens, you probably think of this, a chicken stuffed in a duck, stuffed in a turkey. perhaps former nfl commentator john madden, love of the combo made it a household name. scientists tagging sharks off delaware were not expecting this turducken of sorts. this was a bait fish of a shark, swallowed by a larger shark. we have a the phd student of oceanography from the university of delaware and part of the team that found this site and you took the pictures as well, huh? >> yeah, i did. jon: this is a sand tiger shark? >> this is local predator here in the mid-atlantic in the summertime. jon: that's what you were studying, you were tagging these sand tiger sharks, that was part

of the attempt, right? >> right. yeah, we're tagging she is sharks to learn more about their population and their movements and, all about, you know, trying to study their population in general. they're a threatened species. so we're interested in a lot of different aspects of that shark in our area. jon: so you had put a small fish on a hook, dropped it overboard and that fish was consumed by a smaller shark. that is the unfortunate critter that's, well on the hook and inside the mouth of the sand tiger? >> right. that's, it is a smooth dog fish. they're also pretty common in the bay. we'll catch them occasionally on our lines too on our hooks as well. but usually, just by themselves, not like that. jon: so you brought it up and, was it, while it was coming to the surface or before that the sand tiger got ahold of him? >> we actually, the sand tiger came up with its mouth closed and we didn't know that it had

swallowed the whole dog fish. so we brought it up to the side of the boat and we didn't know there was a dog fish inside. we continued measuring it. we put on a genetic sample and put identification pack in it. it wasn't until we went to get the hook out of its mouth and we opened its mouth and realized it had another entire shark inside. jon: how big was the dog fish. >> it was a about two to three feet. jon: and how was it doing at that point? had it expired? >> you know, it was hard to say. i think that it probably, unfortunately did but, it is hard to say. jon: anybody think about doing mouth to mouth resuscitation or anything to try to bring the poor dog fishback to life? >> i don't know that would have helped at that point. jon: well, it was, great series of pictures and, what do you know about the big sand tiger that you let go? you have tagged it. has it been swimming around

happily now? >> yep. we haven't recaptured it or anything like that. the tags we put on that one was different identification tags but we have other sharks in the bay that have acoustic tags inside of them that transmit their location to us and we follow them around throughout the summer and then throughout the rest of the year, using different types of technology. and one of the operate things about this photo and all the attention it is getting how inspiring it has been not only to young kids who want to research sharks but also to the public to, you know, try to learn more about our research and it's really important for us to the get the public involved and supportive of what we're doing. jon: danielle, we have to say good-bye. we brought your photos to a whole bunch of people. congratulations and good luck with the research. heather: leave that research to the professionals when sharks are that big. some do it for free, why some folks are willing to pay

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