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tv   Happening Now  FOX News  November 30, 2015 8:00am-9:01am PST

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she does not need a professional photographer to come into the palace. heather: those are really good pictures. bill: good touch. suitable for instagram. heather: yeah. is she on instagram? i wonder. bill: you'll find out soon. we'll see you tomorrow. "happening now" starts right now. ♪ ♪ jon: president obama says the u.s. is partly to blame for climate change but that fixing the problem shouldn't have to damage economic growth. good morning to you, i'm jon scott. jenna: hi, everybody, i'm jenna lee, and president obama arrived in france last night for the start of the global summit on climate change. before he got to work on that, he paid his respects to victims of the paris terror attacks, laying flowers outside the concert hall along with french president and the mayor of paris. the president's time in paris comes amid extremely tight security, as you know, and the continuing manhunt for these two terror suspects.
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kevin corke is traveling with the president, he's live in paris with more. kevin? >> reporter: no surprise the security process here has been overwhelming, a very, very strong posture as we expected given the number of world leaders that are obviously in attendance at this u.n. climate summit, to say nothing of the fact that as you pointed out a couple of weeks ago, of course, this city was hit by a devastating attack as 130 people died at the hands of professed muslim terrorists. as you can also well imagine, the authorities here didn't want to have large scale gatherings out and about in the city of paris. that did not filter down successfully to the people, in fact, we saw several thousand folks taking to the streets of paris. and while i cannot report any seriously injuries, obviously, there were some arrests. meanwhile, president obama has met with the leaders of two of the world's leading greenhouse gas emitters, china and india, as you see there alongside india's prime minister.
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the president says this is a crucial moment to not only define the terrorists who seek to destroy and divide us, it's also a key moment to do our best to protect life today and tomorrow. >> an act of defiance that proves nothing will deter us from building the future we want for our children. what greater rejection of those who would tear down our world than martialing our best efforts to save it? >> reporter: but, of course, critics would argue is this really a concurrent fight? you know, the one that puts the battle against terror alongside the battle against global warming? they would simply say, at least the skeptics would, that it's not really a concurrent battle at all x. in particular you're noticing some skepticism from critics about the president's so-called tread water strategy as they like to put it which is to say he's doing just enough to credibly get by by saying, yes,
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i'm battling isis, but not doing enough to tamp them down totally. listen to some experts. >> to talk about containment is really a joke. isis may be geographically contained in syria and iraq, but their efforts around the world to project terrorism and to commit terrorism is as robust today as it's ever been. >> reporter: and, of course, that's the real question, will this gathering make a difference on that end, and how do you successfully tie the two issues together? now, as you also probably can imagine, the president will be having a number of bilateral meetings and sideline meetings. in fact, i guess about an hour ago he met with russia's president vladimir putin, talking about the battle against isis and also the ongoing crisis in iser ya. as you -- in syria. as you know, things have been heating up there, to say the least. for now, back to you. jenna: a lot to watch. kevin, thank you.
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jon: back here in the united states a number of lawmakers on capitol hill are demanding a say in any deal the president makes in paris, but the white house is arguing the president doesn't need congressional approval, saying existing laws give him all of the authority he needs. joining us now, daniel halperin, online editor of the weekly standard, also betsy woodruff, political reporter at the daily beast. welcome to both of you. so it looks like, daniel, we are headed to a fight over executive power once again. >> right. this is not a dissimilar fight from the ones we've had before, of course, on immigration where president obama took executive action, circumventing congress and congressional authority to pass through executive, effectively what is executive amnesty. likewise with the iran deal. treaties, of course, as the constitution states should go through the senate. president obama redefined the iran deal to not be a treaty so it didn't have to go through the senate, didn't have to get
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congressional approval in quite the same way. it was a little trickier, did have to get a congressional vote. likewise, president obama when it comes to this climate change, he's going to do everything he can not to put it before the republican congress. obviously, republicans see the climate agenda very differently than president obama does. jon: betsy, even members of his own party say this is not a president who likes to negotiate. he doesn't like to get involved in the nitty-gritty of legislation. but would it not make for a stronger deal if he could call it a treaty and get senate ratification of this? >> absolutely, without a doubt. and, in fact, he's in kind of an uncomfortable position because the e.u. and particularly france want the deal that comes out of this meeting to be legally binding. if it's not, they argue it won't have as much of a beneficial impact on the environment and on co2 emissions. so european nations are hoping that the president will come around and get on board with some kind of agreement that would necessarily, that would necessitate congressional approval. however, the united states
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emissaries are saying, heck no, because they know that if it gets sent to congress, the odds are very high that republicans will either scuttle anything that was particularly tough on climate issues or that the deal to come out wouldn't be as impactful. so the president's kind of in an awkward position on this one. jon: well, if this is sort of a legacy issue for him, daniel, if he signs this thing as, you know, as a presidential action, it doesn't leave much of a legacy, because the next be president could potentially undo it if it doesn't have treaty status, right? >> well, that's one way of looking at it. but i think if you're president obama, you'd rather get something done rather than nothing, and this is what he can get done. president obama realizes i think in a way that's different than george w. bush or bill clinton, you know, you don't want to move to the middle, you want to satisfy your base, your most ardent supporters. i think that's what he's trying to do, just get what he can done, get it through whatever it
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takes and set a precedent for american involvement later on in this global fight against climate change or whatever they call it these days. i think that's his goal here rather than get nothing done and come up short and come up empty. jon: it comes against the background of the paris attacks. obviously, these talks are being held in paris. and some of the republicans who are running to succeed him have been, essentially, mocking the president's focus on climate change. listen to carly fiorina here. >> is delusional. for president obama and hillary clinton and anyone else to say that climate change is our near-term, most severe security threat. it is isis, period. followed closely by iran and perhaps russia. jon: so after isis pulls off those paris attacks, does she have a point? betsy? >> well, republicans are certainly going to be making that case, right? because in terms of what americans actually see day-to-day fears about, for
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instance, isis' growth, isis' spread seems much more present, much more acute than fears about weather changing. now, an interesting dynamic here too though is when it come toss the united states' geopolitical position, this climate change event is kind of significant because the countries that are going to be most opposed to any sort of tough deals, one of those countries is russia. of course, the president's taken a lot of flak from these same republican candidates for not being tough enough on russia when it comes to national security issues, including russia's role in the war on isis. you know, pushing russia to be a better partner in some of the airstrikes. as you discussed earlier, the president met with vladimir putin today to talk about these climate issues and foreign policy questions. overall, it's interesting to see whether he'll handle the climate issue with a little more muscle than some of these other geopolitical conditions. jon: so, daniel, prediction. does the senate win this battle over executive power?
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>> no, i predict the senate once again loses this battle. however, it will continue to be an issue. hillary clinton will have to weigh in, the republican candidates will have to weigh in. it will continue to be an issue as we go forward in the republican and democratic primaries and in the general election. this is not yet done even though in the short term this senate and republicans on capitol hill are likely to lose. jon: we'll see what comes out of paris where you know they are on pins and needles with 150 heads of state there, all that security. daniel, wept city, thank you both. jenna: a controversial surveillance program at the nsa is now dark. the agency ending its bulk collection of americans' phone records. that information will now be collected and held by our phone companies. our chief intelligence correspondent catherine herridge is live in washington with more for us now. >> reporter: the nsa has ended its bulk collection of data that began after 9/11 to track terror suspects, but after the snowden leaks, the program became a symbol of government overreach.
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under the new rules, the data is collected and held by the phone companies, requiring court action to query the database. critics say it limits the government's ability to identify terrorist networks. after the paris attacks, some senior lawmakers are now arguing that shuttering the government-run program takes a valuable tool off the table given the fact that the paris suspects were using encrypted apps to hide their communications from the french intelligence services. on fox news sunday, the republican chairman of the senate intelligence committee said the program made the connection between operatives overseas and their ties inside the u.s. >> anytime you can take electronics and use those selectors, it's beneficial to the world's intelligence community. and the united states made a real mistake when they eliminated in this program where we could search foreign, known terrorist telephone numbers to see if they had talked to anybody in the united states. >> reporter: the ranking
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member of the house intelligence committee, democrat congressman adam schiff, said the tragedy in paris should not be used to restart the program, adding the bipartisan agreement to end the bulk collection of data shows how privacy and security are not mutually exclusive. jenna: catherine, thank you. jon: the u.s. embassy this kabul is warning american citizens there after getting, quote, credible reports of an imminent attack in the afghan capital, now urging all u.s. citizens to exercise extreme caution moving around the city for at least the next 48 hours. this comes as the u.s. state department continues to warn americans not to travel to afghanistan because of the unstable security situation there. jenna: well, jury selection underway today in the trial of william porter. he's the first of six city officers to stand trial in baltimore for the death of freddie gray who was critically injured and later died in police custody. porter is facing manslaughter and misconduct charges in the
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incident that sparked riots in the city. leland vittert is live in baltimore with the latest. >> reporter: jenna, to give you an idea of how hard it might be to find a fair and impartial jury here in baltimore, the judge asked the 80 or so jurors who showed up in the courtroom behind me if any of them had not heard of the freddie gray case, had not heard that the city reached a settlement with freddie gray's family in the wrongful death case, all of them indicated they had heard of both things. officer william porter arrived at the courthouse today, used to come here as a witness as a police officer, now he is here as a defendant. jury selection goes on. remember, the defense attorneys had asked for the trial to be moved outside of baltimore to try to get jurors who may not have had such passionate opinions about this case, and experts say picking a jury in a cop trial is extraordinarily difficult. >> normally as a defense lawyer
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you don't want people on your jury that would believe police officers above all else. but in this case you actually do want people that -- you want them more neutral because there's going to be a lot of police officers that are going to testify for the state, but then there's going to be a lot of police officers testifying for the defense. >> reporter: now, officer porter's defense team is expected to call 25 character witnesses in this, the first of the six trials against those charged in freddie gray's death. interestingly enough, prosecutors want porter to testify against the other five officers, so this trial sets the tone both in terms of the community and how it will react and also legally in terms of how this case will be handled going forward. there's been a lot of rulings on what the jury and cannot see. one of the things they will be shown is the initial video taken of freddie gray that was played so many times to show his condition before he was loaded into that police van, but they will not hear about how or why he was arrested. another interesting point,
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jenna, is that the jury will take a field trip of sorts once it's seated, once the trial begins, they will leave the courtroom behind me and then head downstairs into a secure garage, if you will, and that is where they will bring the van that freddie gray sustained all those injuries in so the jury can see for itself what happened. jenna: it'll be an interesting case to watch for many, many reasons. leland, thank you very much. jon: there's an incredible new detail to share on the largest burglary in english history. the surprising way prosecutors say one of the thieves traveled to the hatton garden diamond district to commit that $21 million heist. also cyber monday in full swing, but many bargain hunters went online before the big day. so does that cut into the black friday shopping action? and what are the sales really like now? we're live with an economic update. @oyu0x?hy@x@8p
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♪ jon: pope francis wrapping up his landmark five-day visit to africa. he ended the trip in the central african republic, a nation suffering through years of religious violence. his holiness said mass for hundreds of thousands of the faithful, pope francis also visited a mosque where he urged forgiveness. the pope also made stops in condition kenya and uganda. jenna: more bargain hunters seem interested in shopping online than waiting on line on this busy retail weekend which all culminates today with cyber monday. adam houseley's live in los angeles with more on this. adam? >> reporter: yeah, does it ever really end? you can find stuff online just about everywhere. you turn on anything you own that's digital, and you're going to have some sort of deal. if you weren't brave enough to go out on black friday, your chance to shop online has been going on for some time. according to the national retail
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federation, an estimated 121 million shoppers plan to go online just today alone. that's actually down from about five million last year. 103 million have already done their buying over the weekend. these sales have actually extended before cyber monday. most people log on on computers, but about 25% will use their mobile devices this year. amazon, the so-called king of online retailers, is hoping to hold onto its cyber crown. they'll have deals including 60-inch tvs, all sorts of things, and new sales will pop up throughout the week. analysts say many retailers started this again way before today. >> well, these days every day is cyber monday because online retail has absolutely taken off, and that's where the is for -- e growth is for the retail industry, and people love the convenience of free shipping which is now widely available. >> reporter: so who are the best retailers for what's being
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dubbed cyber week now? groupon has an average discount race of 62%. over the weekend the average spending per person totaled nearly $300, and i'll tell you, jenna, if you've opened up your computer, your phone, i know you're seeing it, deals for everybody from vacations to cuff links. on average most people are expected to spend just a little bit more than last year. jenna? jenna: well, that's good news for the economy. at this point, adam, i don't even know what's a good deal because you're flooded with so many percentages off, you don't know what's the real price of anything, right? >> reporter: you know, right. just buy what they want. one item for every member of the family, if that's what they want, do it and get it over with. you can do it on your phone, your tablet -- just don't do it at work, jenna. jenna: you're looking at me? >> reporter: no, i'm looking at jon. [laughter] jenna: that's right.
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yeah, what are you looking at over there? i know you've got your eye on a couple things. [laughter] jon: too many discounts, too confusing. an unexpected detail in what's being called the largest burglary in english legal history. prosecutors say 76-year-old brian reader, the alleged mastermind of the hatton garden jewel heist, apparently used somebody else's senior citizen bus pass to get to the london jewelry district. he has pleaded guilty to conspiracy to commit burglary. four additional men are on trial for their roles in the heist which involved drilling into a vault to gain access to safe deposit boxes containing gems and cash, one of the thieves, a red-haired man known only as basil, remains at large. jenna: mystery. well, a deadly, slow-moving storm packing snow, sleet and heavy rain now battering several states. the dangerous conditions it's leaving behind and where it's moving. also new details out in the
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colorado springs shooting about the victims who died at a five-hour siege at a planned parenthood clinic. we'll get you caught up next. sure, tv has evolved over the years.
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it's gotten squarer. brighter. bigger. thinner. even curvier.
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but what's next? for all binge watchers. movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. jon: a fox extreme weather alert now on a deadly storm in the plains in the midwest dumping snow, sleet and rain making for dangerous travel conditions and sparking flooding concerns in some places. meteorologist maria molina live in the fox extreme weather center with that. >> reporter: hi, jon, good to see you. hello, everybody at home. we're tracking in this large area of low pressure, and this comes just after this weekend where we saw some heavy snow and even some ice across portions of the plains, especially across parts of oklahoma. that's where we saw some of the most significant ice accumlation and also extending down into texas, and now here we go again. this time around, though, we're
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seeing the storm a little farther towards the north and bringing in a lot of heavy snow across parts of iowa and now parts of southern minnesota as well. the pink stuff on the radar, that is actually some freezing rain, so we have icing occurring as well across parts of iowa early today and winter storm warnings in effect, widespread winter weather advisories stretching from parts of northern minnesota and wisconsin all the way could down to partsf kansas. a widespread area. and the other thing to note is temperatures are going to be hovering in the upper 20s, low 30s, that means it's going to be a very heavy, wet snow out here across, again, minnesota, participants of south dakota and also across iowa. you're going to have to keep that in mind as you do some shoveling. east of the storm, temperatures are warmer, so across parts of the great lakes, many areas are just going to be seeing some rain across places like michigan. how much snow are we talking about? anywhere between 6 to even 12
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inches of snow out here, so this is quite significant, and we're going to be feeling the impacts from the storm not only today, but also as we head into tuesday and early wednesday morning for some of you. so it will be a prolonged period of time. you're not going to get all that snow just during a couple of hours out there. at least that's some welcome news. meanwhile, across parts of the southeastern mid west, we're dealing with rainfall into tomorrow, and we could be seeing as much as 2 to even 4 inches of rain, locally higher amounts are possible, so flash flooding will be a concern. flood watches have been issued already across tennessee and also into southwestern parts of virginia. jon? jon: that's a big system. maria, thank you. jenna: we now know the identities of the two civilians killed in addition to that police officer in that horrific planned parenthood shooting in colorado springs. 35-year-old jennifer markovksy and 29-year-old kiere stewart.
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robert dear will make his first court appearance via video link in just a few hours. will carr has more. >> reporter: robert louis dear set to appear in court in about four hours here in colorado springs. investigators are painting the picture of a loner, a man who they say liked to live off the grid. his neighbors have said he never came across as being overly passionate about talking about religion or abortion. we do know police searched his trailer in park county, colorado, this weekend. that's about 60 miles west of colorado springs. they're looking for clues as to what motivated dear to storm the planned parenthood and kill three people friday and shoot nine others. now, there are reports that after he was arrested he told investigators, quote, no more baby parts, in apparent reference to the national planned parenthood controversy where members allegedly were talking about selling fetal organs. while the investigation continues, the three who were
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shot and killed are being remembered. officer garrett swayze, a family man, his son turned 11 yesterday. he was co-pastor at his church, and he died while racing towards the shots being followed. then there's jennifer, a stay-at-home mom, friends say she was a wonderful, kind person. >> everybody loved her. you asked her something, you asked for help, she helped. she was always smiling, having a good time. >> reporter: then there's kiere stewart, a father of two, an iraq war veteran. his family says he died trying to save lives on friday. one family member telling me they're absolutely devastated. three lives lost, all three were parents. now three families waiting for the suspect to to appear many court later today. jenna in. jenna: certainly think about those families today, will. thank you very much. jon: well, did the thanksgiving recess give lawmakers the fuel
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they need to make decisions to try to avoid a government shutdown? we're live in washington with an update on that. and donald trump and the media. as the presidential candidate demands pinpoint accuracy from reporters who cover his campaign. why does the fur be always fly when they challenge the accuracy of what he says? our media panel weighs in. >> this didn't happen in new jersey. there were plenty of reports, and you're -- >> it did happen in new jersey. chuck, it did happen in new jersey. >> you're running for president of the united states. your words matter. want bladder leak underwear that moves like you do?
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jenna: lawmakers in congress back from thanksgiving break for a final year-end push. they're facing big budget decisions that could spark a political showdown and even a government shutdown right before christmas. rich edson is live in washington with the details for us now. >> reporter: well, jenna, congress returns with ten legislative days to authorize more than a trillion dollars in government spending. if lawmakers fail, a significant portion of the federal government shuts down. that's just one of a handful of looming congressional deadlines in december. congress is authorized through friday the highway construction program and 100,000 or so road lawmakers are trying to finish a multiyear, $300 billion spending bill to finance construction and upgrades of roads and bridges. about a third of federal government spending expires on december 3 19th, and congress -- 11th, and congress must still
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consider renewing expiring tax breaks like the child tax credit and one for business spending on research and development. these issues are typically contentious, and to exercise their spending authority, lawmakers are also looking to insert other changes to that spending bill. some republicans are pushing to attach to the government funding bill measures to defund planned parenthood, alter president obama's program to allow thousands of syrian refugees into the united states and provisions to permit oil exports and eliminate certain regulations. supporters say lawmakers are simply exercising their constitutional power, opponents say they are risking a government shutdown. and as congress tries to work out these issues, there are also objections over federal spending policy and whether the government is spending too much and doing so on the appropriate programs. jenna? jenna: we'll see what they come up with, rich. thank you. ♪ ♪ >> i saw it at the time, i stick by it. hundreds of people have confirmed it.
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>> this didn't happen in new jersey. there were plenty of reports -- >> it did happen in new jersey. chuck, it did happen in new jersey. i have hundreds of people that agree with me, and by the way -- >> they don't agree with you. that doesn't make it true. you're running for president of the united states. your words matter. >> this is -- >> fact-based -- >> take it easy, chuck. just stay cool. i have a very good memory, chuck. i saw it somewhere on television many years ago, and i never forgot it. jon: a heated exchange with donald trump on "meet the press" as a seemingly exasperated chuck todd confronts the gop presidential candidate about his refusal to back down from a claim that thousands of muslims in new jersey were seen on tv cheering after the 9/11 attacks. he essentially calls trump a hypocrite for demanding pinpoint accuracy from the media but not doing the same thing himself. here to talk about this, tammy
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bruce, radio talk show host and fox news contributor, alan colmes is also with us, host of the alan colmes show, nationally syndicated by fox news radio. does chuck todd have a point? >> well, it sounded a little bit like talk radio there. [laughter] an unbiased journalist. look, i don't know if he -- i would love to hear him approach barack obama that way or even brian williams who he sits with over there at npc. it's an interesting attitude to have. look, this is what they prefer to have, i suppose, it gets them all upset. i know the president now is talking about the weather in paris, and we've had, of course, these massacres there and terrorism around the world. seems like the priorities are a little screwed up. you've got the media and the democrats, they don't want you talking about the nature of the world and what's really going on. i think that chuck todd on "meet the press" as a supposed journalist, to approach any guest in that fashion is absurd -- >> it's exactly what he should be doing.
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>> maybe i should be hosting "meet the press." who knew? >> good dig if you get it. this is exactly what a journalist should do. he's the leading republican candidate with 30 some odd percent of the points going to him at this point, and he should be confronted on these kinds of things. produce the video. he says there's a video. his campaign manager says the media's hiding the video. go ahead, produce it. you know, in a digital world, it would have gone viral by now. produce the video. if you're saying this exists, there's got to be tape of it, right? produce it. jon: it also is curious, tammy, donald trump says i've got a very good memory, but he can't tell us where he saw it. >> we're all human beings, and i think this is what's interesting to americans though. we are tired of people being bullied into apologizing. we're tired of people being afraid to speak their mind. we're tired of the media and the establishment running around saying they're the best ones to do this job and yet if donald trump is the problem, look at the world.
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all of these supposedly wonderfully-suited people and stable people who have been running the world, we've got world war iii, we've got isis, we've got an awful economy -- >> and this guy wants to be president. >> -- and we've got a guy worrying about the weather. i think the american people can make a decision about what's appropriate. donald trump has been created by this system, and chuck todd's upset? maybe they should be confronting barack obama with that same kind of passion -- >> it's funny how you want to change the topic from the leading republican candidate who'd like to have the white house to barack obama about which this has nothing to do. and -- >> who's in charge right now? >> he's running for president -- >> but barack obama's in charge. >> as chuck todd pointed out, this is a republican candidacy. as chuck todd pointed out, words matter. here's a guy that said -- you know what's even worse than what he said about muslims on rooftops is when he wants to give id badges to muslims. this is something he needs to be confronted about as well. where is the media -- he did say it. he agreed to it.
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he wants to identify muslims, and that'll be more damaging. >> but we've already done that with the terror database. this is where it happens when -- >> nothing's done. >> several weeks later we talk about it as though it's a fact. this is the problem with sometimes what the media does when they're looking for headlines. i know this is politics. >> this is a man who wants to be president -- >> i understand that. >> he wants to profile people by religion. >> donald trump has no power right now, and if chuck todd is going to get excited about something, let's get excited about where the world is on fire. >> let's get excited about what people who would hike to be president -- like to be president can back up their words. jon: many republican candidates have long been saying that donald trump will not be the nominee of the party, but so far that doesn't seem to be heading this their direction. listen here to governor john kasich of ohio. >> i know all the press keeps speculating on what he's going to do. you all said he was going to fall, then he didn't. now you're all, you know, you're
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all, you know, up in the air about, well, maybe he's going to make it. he's not going to make it. jon: well -- [laughter] that probably will earn him a nastygram from donald trump because -- >> oh, poor john getting a nastygram from donald. >> you know what? i love this establishment though. these are the people that told us they knew who was going to win in 2008 and 2012, that they've been in charge -- jon: so you think the republican establishment deserves this? >> look, i am not a fan of donald trump but, my goodness, these people who have ruined this country, both sides of the aisle, who sit there as though they're know it alls, that's what they thought. they thought they knew who was going to be president. this did upset their plans a little. john kasich, jeb bush are very upset because they thought this was their game. the american people have changed it. they don't like the direction it's going in, but i don't have any sympathy -- >> john kasich and jeb bush are much more deserving of the white house than donald trump. >> says the liberal, proves my point. [laughter]
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jon: we'll continue to follow the media coverage of this campaign. good discussion on a monday morning. alan, tammy, thank you. jenna: next, a look at an interesting case. lawyers for a man accused of killing his wealthy father and staging the scene to look like a suicide say he isn't mentally competent to stand trial. a look at his volatile past and why others say he's not only competent, but guilty of murder. and we now what's behind these so-called levitating vehicles caught on surveillance video. we'll explain, hopefully, next. hi. i'm matt mccoy.
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when i went on to ancestry, i just put in the name yes, we are twins. of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com. ♪ jon: this is crazy. surveillance video out of china of a car accident going viral online. watch this. it shows two mini buses that go airborne before slamming back down into the roadway. some say it looks like they were levitating. the mystery, though, is solved. turns out a steel wire picked up by a street sweeper was suspended over the roadway, and it acted like a trip wire for
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both those vehicles. jenna: some new information in an increasingly bizarre murder case. the defense team for a son accused of killing his hedge fund manager father arguing their client is not mentally competent to stand trial. thomas gilbert jr. fatally shot his father in the head and staged the scene to make it look like a suicide. two psychiatrists say the son is mentally ill and incapable of assisting in his own defense, but a third forensic sigh cols hired by the d.a. came to the opposite conclusion, testifying that mr. gilbert displays no signs of delusion now, so how will the conflicting testimony play in court? let's bring in heather hanson, a trial attorney. let's just go back, heather. when we first heard the headline, the allegation was that the son killed the father over just a few hundred dollars. >> right. it was definitely a strange case from the very beginning, and the son came across as very spoiled and was really sort of resenting
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his father for not giving him the money that he wanted and killed him in cold blood, set it up to look like a suicide. now we know that the son has a long history of mental illness problems. he's been treated with medications, he has had many arrests that seem to sort of feed boo this idea that he -- into this idea that he may be mentally ill. so now the defense is saying he's not competent to stand trial. jenna: the list is long, jonna, when you look at his past history with doctors. but the d.a.'s forensic psychologist says that really all of his symptoms could be attributed to the abuse of drugs and he wasn't really asked about his drug use, and perhaps that's a factor. who do you believe in this? >> well, it's going to be a battle of the experts, of course. but we have to remember there's a difference between being declared incompetent to stand trial and being insane, and it sounds like the defense is going to hit a one-two punch. they want to first say he's incompetent because he cannot assist in his defense. that's the standard. once he is competent, if they
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win on that, once he is competent, then the defense is going to be, well, he's insane. and it could be because he voluntarily ingested drugs, or it could be -- and i'm talking to heather in the green room -- he's a defective guy. this guy has a long criminal history a long drug list, and he's just -- history, and he's just a defective person. jenna: i have to ask the question of how his wealth plays into this trial. if you looked at the same story with someone from not a privileged background who didn't have the looks -- viewers can make their choice when they see this footage -- [laughter] but people were talking about how he looked, how he held himself and all the money, and i wonder how that comes into play. >> it's a fabulous point. it comes into play in life in general. this family did not want him to be stigmatized as being mentally ill, so they fought it, he fought it. and i think that in part that may have led to the father's death, the fact that he wouldn't accept the fact that his son needed help.
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i think his looks will play well for him at trial. this mental insanity argument will probably play well for him at trial given the background that he has. jenna: will it play well for him because of his background and because of the sensationalism over this case, jonna, versus somebody who's from, you know, a middle class neighborhood somewhere in america? >> he's a spoiled little rich kid who offed his father because his daddy took away his allowance, that's how i would play it. the within key piece of -- one key piece of evidence we know so far is that he knew enough to stage the crime scene as if it were a suicide. so he knew the difference between right and wrong. whether he's on drugs, not on drugs, to me, is going to beer relevant. >> new yorks has a pretty liberal standard for insanity, so he's in the right place, but jonna makes the prosecution's argument really well. jenna: okay. we'll see what happens as this case gets under way. thank you both. jon? jon: well, no tipping. it is now becoming the policy at more and more restaurants around the country, so who's really
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pushing this new trend? you might be surprised to find out. jeb bush: here's the truth you will not hear from our president: we are at war with radical islamic terrorism. it is the struggle that will determine the fate of the free world. the united states should not delay in leading a global coalition to take out isis with overwhelming force. their aim is our total destruction. we can't withdraw from this threat or negotiate with it. we have but one choice: to defeat it. vo: right to rise usa is responsible for the content of this message.
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that's why if we're ever late for an appointment, we'll credit your account $20. it's our promise to you. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. ♪ ♪ jon: without outnumbered's coming up, let's find out what they have on this monday. sandra: hey, jon. the deadly shooting rampage at a planned parenthood clinic, the political finger pointing beginning even before the standoff was over. the mad rush to blame republicans and pro-lifers. andrea: plus, piling on donald trump as he continues to draw huge crowds over the weekend. so is slamming the donald a good strategy? when has that ever worked out? it hasn't. sandra: we'll surely discuss that. and big brother not giving up on going after your big gulp.
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the soda tax you could see on your next ballot. the billionaire do-gooders who know what's right for you. andrea: all that plus our hashtag one luck cu guy and his infamous cuff links, top of the hour. sandra: standing next to us. jon: see you then. jenna: a no-tipping policy taking hold at restaurants across the country, and unions may actually be pressing the new trend. we have more on all of this. >> reporter: hi, jenna. as workers across the nation are demanding higher pay, some restaurant owners are responding by doing away with tipping altogether. joe's crab shack is the first big chain to try this out at some of their locations, hoping to create less turnover and more stability. for employees in the front and the back of the house. >> if you think about what's going on in the country around minimum wage, you can either become entrenched in the position and just stick your head in the sand and say we're just going to fight this, or you can look for solutions. >> reporter: there's no
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tipping at this joe's crab shack in illinois. menu prices are up about 12%, and employees are earning higher, steadier wages. >> if it's successful and people see the benefits of it, it will catch on. >> i think we are seeing the reaction in a way that i think is going to mean less money for some employees. >> reporter: the employment policies institute questions whether employees will benefit but believes unions will. >> it's the self-interested decision. i mean, if servers are receiving all of their money in a paycheck instead of in cash at the end of each night, it makes it a lot easier for them to take a regular dues payment out of their paycheck. so i think the entire push for a higher minimum wage by the unions is really just a play at the end of the day to get more people to join the unions. >> reporter: this restaurant owner tried it, but servers quit. customers are once again leaving tips. >> it would have been a painful irony to make decisions to
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protect the kitchen and then alienate another group of employees. >> reporter: but another restaurant in seattle has found success. customer count is up and so is revenue. and here in new york famous restaurant owner danny meyer recently announced he was also getting rid of tipping at 13 of his restaurants. it's an experiment many are watching closely, jenna, it'll be very interesting to see how it plays out. jenna: it certainly will, abby, thank you. jon: new next hour of "happening now," after five years of bars behind cuba, alan gross reveals what life was like there. we talk to the former adviser of four u.n. ambassadors about what his case means for other americans still jailed overseas. and are your hard-earned tax dollars getting squandered on questionable science projects like the one involving shrimp on a tiny tread mill? so if you have medicare parts a and b, consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company.
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no how was thanksgiving at your place? >> we had a sick little boy. other than that a joyous
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holiday. >> all they couldn't get mashed potatoes all over his face. >> he liked mashed potatoes. >> see you tomorrow on. >> "outnumbered" starts right now. harris: fox news alert. u.s. embassy in kabul, afghanistan, has a warning. received credible threats of imminent attack in kabul in 48 hours. our embassy is urging americans, quote to exercise extreme caution moving about the city of kabul, end quote. there are no further details we see about any targets the timing or exact method of the planned attack. this is heightened this threat. on top of the state department's already alerting americans that they should not travel to afghanistan. we're watching this very closely. breaking news on this when we get it. andrea: another fox news alert. the man accused

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