>> a dash cam and shaking a neighborhood to its core. >> it is big and shook the floors and whole foundation of the house. >> emergency crews are already on the scene when disaster struck. also. how far out were you? >> it is. >> and an exmiami dolphin's first steps on land after a boating accident forced him to swim 16 hours to survive. it is all "happening now". >> we begin with a show down on capitol hill. welcome to "happening now". i am jenna lee. >> i am jon scott. we are less than two days to fund the department of homeland security. republicans and democrats are dead locked. one day after senate majority mcconnell proposed to splitting the bill and tackling the president's immigration with a second piece of legislation. >> mike emmanuel has more for us, mike. >> reporter: jenna, it is an odd time the clock is running and there is no voting taking place. the house is waiting to see what the senate will pass on immigration and money for homeland security. >> i am waiting for the senate to act. the house did its job to fund homeland security and stop the president's over reach on immigration. senate democrats have stood in the way for three weeks over a bill that should have been debated and passed. and so until the senate does something we are in a wait and see mode. >> reporter: there is a lot of maneuvering behind the scenes. the democrats disagree with the federal judge in texas putting the president's immigration on hold. house democrats say it is time to get this done. >> pass the funding until the end of the fiscal year in september and keep the american people safe. if they don't do that, it is clear their real motivation was just to shut down government and the immigration issue was an excuse, not a reason. >> reporter: meanwhile with time running short the secretary of homeland security continues to make the rounds here on capitol hill, and meeting with republicans and democrats with a sense of urgency. >> this is crunch time. and the members of congress versus, doing the job that the american people and the president hired me to do. >> reporter: in the united states senate things can move quickly when there is consent, but one member can hold things up. we are in a holding pattern trying to figure out the next play will be. >> thank you very much mike. >> fierce now fighting reported in syria as kurdish and christian militia men fight isis in the northeast. the same area where the terrorist kidnapped dozens of christians. john huddy joins us from the mideast bureau with more. >> reporter: jon, kurdish forces are making gains, but isis militants continue to have a strong foot hold in the northeastern part of syria. it is a bloody tug-of-war for control between kurdish, people protection unit forces and isis militants who as we know stormed in dozens of villages and towns in northeastern syria monday morning including a tel tamer where there is a lot of fighting and abducting men and women and children. the director of assyrian human rights network, guy edwards that i spoke with said 150 people were abducted including the bulks own family at this point he told me they have been split up. men were taken to a mountainous part of the northeastern syria. and the woman and children split up amongst the villages and towns where all of that fighting continues. as mentioned. kurdish forces are getting help from christian militia men and the coalition air strikes but really, the question at this point is what isis plans to do with all of those people abducted? sam edwards thinks three things. one use them to exchange for isis prisoners or human shoulds or three, to continue to instill terror and fear among all of those people in the region. jon, at this point, the greatest concern is will all of those men and women and children meet the gruesome and awful fate of so many others. >> it is awful to hear that isis is making ground in places. >> back here at home federal prosecutors entering the new evident in a terror trial of a man who is an al-qaeda recruit and plotting terror attacks since 2009. the documents seized in the raid in osama bin laden's compound in 2011. director of national intelligence james clapper testified about the documents in 2013. >> there were at least over 400 intelligence reports that it were issued in the initial aftermath, immediately after the raid. i don't know what that number is since then. >> they are joining us from the federal courthouse in brooklyn, david. >> reporter: jenna this is day number seven for the accused terrorist. the prosecution introduced into evident documents found in the pakistan compound of osama bin laden. one of those testifying was an fbi agent who described in great detail how these documents were retrieved and how they were obtained and the chain of evident and brought to the the fbi head quarters in virginia. and we heard from a translator that read a number of the documents and thousands were confiscated and prosecutors today introduced a handful of them and wanted to show is the inner workers of al-qaeda and attempted to show how followers of osama bin laden loved and respected him and followers of osama bin laden hated the united states and israel will and u.s. allies. one of the documents said and i quite. to our precious and beloved sheik talking about osama bin laden and who we love and god and wise father and accepted as our a mir. and the father, and referencing the fact that he is the head of the terror network. the documents went on to say that precautions should be taken when using e-mail. the documents discuss striking the heartland of the united states. and one of them praised the actions of the underwear bomber. one of the documents said and this is from it a document, the author of which was not revealed, it appears to me that operations in america are important works of the organization. and through it all. the defendant said unemotional and was listening intently. he is acting as his own attorney and briefly cross examined some of the government witnesses on the stand and seemed concerned with the technicalities of the translation like whether a noun should be plural or singleullar. and we expect this afternoon because the prosecution rested, he will take the stand. he is going to be questioned by an attorney even though up until now he has acted as his own lawyer. we should point out if he is convicted on three terror counts that he is accused of he faces life behind bars. >> watching the courthouse and underscores and what it shoes about the relationship with bin laden and how powerful bin laden was in the alleged terroristor attacks. david lee miller thank you. >> wisconsin governor scott walker called a rising star among the republicans as he leads the new poll. can he keep the momentum growing and our panel weighs in on that. >> and a quick verdict in the sniper american trial and the new developments after eddy ray routh was sentenced to life in prison and we hear trial testimony for the first time. you can't keep letting them get your soul for free you know. you get sick you can't breathe through your nose... suddenly... you're a mouthbreather. well, put on a breathe right strip and instantly open your nose up to 38% more than cold medicines alone so you can breathe and sleep shut your mouth and sleep right. breathe right. you're driving along, having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? 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>> he had a great speech in iowa, in the steve king event and that propelled him. the author has the right to work issue in wisconsin and whether or not he wants to be involved he is the villian to the unions there and that is pushing him to the top of the polls. iowa voters like conservative and fighters. he is a good fit for iowa. >> and that's why rand paul number two position. >> as an iowian. it is an interesting bell weather for up and coming candidates against establishment. and you have sanatorium and huckabee and bachmann. and her main cains who can get foot holds against established candidates and iowa will be a big play for younger and less notable people. scott walker being one of the up and newcomers. >> stick with you. look what happened to the candidates you cited. they did well in iowa and kind of. >> exactly. and so do they have the staying power to last through the spring? last four people i mentioned clearly did not. and we get mccain and romney and establishment takes the larger infrastukture and pushes through the rest of the country. interesting thing historically this cycle will be the diversity of the 2016 field and the ability to have 12 or so candidates playing in iowa will mean a stress on the caucus schedule and stress on donor dollars to so who can get past that state. >> donor dollars. and they are looking at the spread and saying where do i want to put my money. >> and right now scott walker is looking like a winner are and this is good for him. there are no ground games yet. it is funny named packs that they are running money through. and where is the ground game and there. and who will play well in a state like iowa and caucus base is fickle and can turn on a dime. it is very far out now and we are talking the flavor of the month. >> and all right. the democrats have the one flavor of the month that would be hillary clinton. >> and oh dear. >> and michael baron has written a piece in which he suggests that it may not be smooth sailing for the former first lady in part the foreign policy front things are not going so well for america right now. you have things like isis and benghazi and russia trying to gobble up ukraine and many respects hillary clinton as secretary of state in the first obama term has to answer for those problems what do you think? >> i think you are right and one of the most interesting things about hillary clinton as a candidate and we are all assuming she runs, she brings the foreign policy issue to the the forefront. traditionally voters don't care. hillary clinton is the reason you see jeb bush, and people like carle talking about foreign policy. they know it is an issue in 2016. >> she said it is time to shatter the glass ceiling, is that going to work? >> that was her last line in the concession speech against president obama. we have 18 million cracks now in the glass ceiling. with hillary, it is a glass ceiling moment but going back to jackie's point americans don't like to feel unsafe. and in a world you can see what is happening with isis and ukraine and yemen and the immense growth of international terrorism, it is going to be fascinating in the next 12 months especially since she was the secretary of state, to see how the questions that arise based upon that. >> and see whether the early front runners we are talking about have the legs to get through the long campaign season. betty johnson and jackie, thank you. >> and speaking about isis. isis launching a new offensive in syria and terrorist could set their sights on afghanistan. we will talk to a former greenberet about that topic. >> and moment a home is destroyed in a massive explosion, nothing lasts but the basement. an expert. hi dad. she's a dietitian. and back when i wasn't eating right she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. 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known as the graveyard of empires for a good reason. alexander the great and againgis stan and the soviet union and every empire has failed. and there is 14 major tribes and a number of subtribes and if there is anything in afghanistan that will bring them together is the concept of the foreign invaders. a l hell baghdadi came out and included afghanistan in the caliphate. you might think in concept that it might tend to work with the taliban concept but it actually goes against. it they are fiercely independent as a people and they will do pretty much what they can. >> baghdadi is the reported leader of sjtvñ)b1ñisis at this time. there is a major country lying between syria and afghanistan. and is this high on the the list of concerns about isis getting in afghanistan and where does it fall? >> to be honest in my mind, i don't really at this stage, it is not a grand concern. i mean afghanistan. if you look at afghanistan, it is a thousand miles away from the iraq and syria. they were fairly strat edgic. and they have captured oil fields because of the revenue generation. and there is no such thing in afghanistan. there is a lot of re- flagged efforts. and people not happy with the taliban and certainly not happy with the government. they can see what is going on there and giving them some credibility. but at the same token. if you look at 4300 afghan soldiers killed last year and 4300 killed this year and so there is a growing understanding with the afghan people that the the government is losing the ability to protect them especially with the pull out. >> that goes to a larger point then. one of the reasons why the headline is catchy about isis going to afghanistan. the same question about iraq is raised there. if we pull outside are are we creating a power vacum where more terrorist groups can get in and plot against the united states. what do you think about these reports that we could slow the withdrawal that we put in place in afghanistan. and what difference does that make? >> it makes a huge difference. they are conducting counter terror operations and it is a special operations fight. and with a new president, that is in place, relationships between the afghanistan and united states are going to improve. and i think that everybody is starting to see such a quick withdrawal that is laid out with the president, is a mistake. and quickly as we saw iraq destabilize, it is my belief that afghanistan would destabilize faster if we pull out without leaving the country ready to take care of themselves. >> your opinion matters. and the final question on the breaking news in the top of the hour. new york city resident arrested because they were trying to join isis. that's the allegation. we are talking about isis going in to other countries and threaten us. how concerned are you about the isis recruits here at home? >> very. you look at numbers overall. isis recruited tlo hundred westerners. and that is europeans. and the relationship that we have with the western european block. they can enter without a visa and so it is easy for them to come to the country. it is telling that the new yorkers found this. in the end of the day isis is waging an intelligent battle on line. they are reaching them through facebook and other social media aspects. and it is a big fear and we need to do more to secure the loam hand. >> we talk about the issues far away and today's news is a reminder that perhaps a big concern on our soil as well. ben, great to have you on the program, thank you so much. >> and it could help to keep peanut allergies at bay. early exposure could prevent the dangerous allergy in children and raising new questions of how we handle lots of other a lerjys. and a dash cam that obliterated a house. we'll tell you what happened. i know this guy... konohito... and this guy... who knows a guy. hey guy. i know a guy in new york, vegas, dallas. i've known some guys for decades and some, nice to meet ya, let's deal. my competitors 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cause kidney problems. if your pill isn't giving you the control you need... ask your doctor about non-insulin victoza. it's covered by most health plans. >> are the southeast bracing for another round of snow and freezing rain. winter storm warnings in affect from texas to west virginia. we have a report in atlanta, they hope to avoid a repeat of what happened last year. this is an emphasis on hope. >> good afternoon to you. >> reporter: traffic is building on the interstate as people are racing to get home. the proof will be in the pudding, but city and state officials are doing everything they can to avoid a repeat of last year. city and state officials were not ready last year. and everybody left for home as the snow came down and the enter thes in atlanta were a parking lot. it took people hours to get home and the city was closed three days and a winter weather task force came up with a new battle plan. there is ahead of the storm, putting down salt water and so the snow will begin to melt. and schools are closed ahead of the storm and businesses are working on a skeleton staff. and the mayor implored all businesses to let their employees going on only by 2 o'clock. >> we are trying to stagger the exodus of the city of atlanta as opposed to saying you will have terrible snow. hit the highways. and folks have an opportunity to get out of here by 2 o'clock and get home based on most commute times before the dusting starts. >> reporter: now the pictures from dallas shoes what is ahead. sleet and snow and freezing rain and half inch to three inches expected. and the hardest hit areas from the storm is going to be eastern north carolina and southern virginia and impacting air travel here in the hartsfield airport. delta airlines told fox news it cancelled 450 flights and expecting cancellations tomorrow as well. the good news it is supposed to warm up from the 40s. and there is also high- tech here. sensors embedded in the roadways that tell people at georgia dot which highways are freezing and retreat. fingers crossed, we'll see if it all works out and people will be back to work tomorrow, jenna. >> technology sounds great. a warm up in the 40s. john thank you very much. >> gas service is slowly restored to a new jersey neighborhood after a massive explosion that levelled one home and caught on police dash cam video. and take a look. neighbors say it felt like a bomb went off. and the blast was felt up to a mile away and 15 people were hurt. two of them critically and julie bandaras has more. >> the video is incredible and a miracle no one was killed. but good news, the home was under construction at the time. and no one was home when that explosion occurred. if anyone was inside, i would be telling a devastating story. and the video captured by a police dash cam and according to police, the officer was returning to his car when the explosion happen and pushed the record button and knowing that it would capture 30 seconds prior. and the cause is a suspected gas leak that it erupted in a fire ball and sending debris in the sky and shaking up neighbors who could not believe what they were seeing. >> i saw a tractor trailer hit a porch. that's how much it shook. >> it happen so quickly with the the explosion and debris all around us come from no where. >> reporter: and so among the 15 people who were injured, were seven new jersey gas worker ares trying to find the source of the gas leaks. six firefighters and two emt's. two injured were floun to the hospital and in critical condition. emergency crews had been on the scene responding to the gas leak last night when the explosion occurred. and this morning natural gas crows went door-to-door restoring gas service one home at a time. getting everyone's service restored is expected to take all day, jon. >> you know they will want to take their time after something like that happen. >> for sure. a new study on peanut allergies making the head hypes. early exposure can reduce the allegy from developing. now the question of whether earlier exposure can prevent other allergies. we have a doctor here from the university of texas southwestern medical center in dallas. doctor one of the big questions coming out with the news on this study is whether or not aided without knowing it to the proliferation of peanut allergies just because they followed the advice of the doctor not to give peanuts to children when they were young what do you think about that? >> i think the answer is that it is not the parents. it is the physicians. we are the ones that actually said that back in 2000 to delay the destruction of peanut in to the diet in high risk children until the age of three. as time went on we saw the peanut allergy was rising despite the guidelines and so the experts got together and decided that there was no data to suggest that it delayed introduction helped and so the guidelines were changed in 2008 to it state that peanuts should be introduced along with other foods and now we are finding that we should introduce it early in high- risk children. >> let me ask you about that. we can point fingers at anyone. if i am a parent and my child has a deadly allergy to but nits and i followed the advice of my doctor not to give them this nut for years i might have a question of whether or not i was partly to blame for the allergy they developed. how should parents feel about that? >> i think that they were just following the advice of their physicians. they should not feel they are the ones that helped to contribute. because at the time we didn't know any differently. >> how do you think this applies to what we are learning now giving kids with a prodisposition of a peanut allergy the food early? does it apply to other foods that can pro voke an allergic reaction. is that we should do with a lot of different food? >> it may apply to other foods. we just don't know yet. within the next few weeks experts will come together and give parents advice of introduction of other foods as well. right now we shouldn't go out and just apply it to egg, milk and other types of foods until we have information. >> why does it feel like there are so many allergies now? >> i have been a part of conversations from parents who say, there was never this allergic reaction when i was a kid. it is a feeling or a fact and why is that? >> no it is a fact. it is known that allergies and asthma have been rising in the united states and other westernized countries and much research is going on to determine why this is happening. there are many different hypothesis that are out there. we are a cleaner society is a thought and it is shown that children raised in farms in europe are less likely to develop asthma. but that is not the only reason. there are changes in diet and changes in exercise and changes in the environmental exposures. there are many many things that contribute to the rise in both allergies and asthma. >> great to have you in the program. thank you. >> there's new video showing moments of disbelief after a former miami dolphin defies death. >> yes. more of that surreal conversation. we'll tell you what happened there. and plus with the jury reaching a quick guilty verdict. what comes next for eddy ray routh. major: ok fitness class! here's our new trainer ensure active heart health. crowd: yayyyy! heart: i'm going to focus on the heart. i minimize my sodium and fat... gotta keep it lean and mean. pear: uh-oh. heart: i maximize good stuff like my potassium... and phytosterols, which may help lower cholesterol. major: i'm feeling energized already. new delicious ensure active heart health supports your heart and body, so you stay active and strong. ensure. take life in. ♪ help northern china reduce its reliance on coal fire heating plants and prevent 60 million tons of co2 emissions? when emerson takes up the challenge it's never been done before simply becomes consider it solved. emerson. oh i'm on the cookie air diet. you just... and that's it. i prefer real food fruit, nuts, and whole grains. great grains cereal starts whole and stays whole. more processed flakes look nothing like natural grains. let's get real. you know, i think about money kind of a lot. money is freedom. money's always on my mind. car insurance. credit cards. preschool. debt. cell phone bills. it's complicated. it's not easy. i am not a good budgeter. unfortunately, i'm a spender. i would love to learn more about finances. savings. investments. retirement. man: the more educated i am, the better decisions i can make in the future. >> breaking news on the three new york men charged with trying to consphire with isis and threatening to kill the president of united states if ordered to do so by isis. and plus a muslim woman who wore a head scarf to a interview with abber krombie and fich didn't get the case she said because of her garb. does she have a case or does the store. >> would you get on a plane that needed fixing? join us in the top of the hour. >> new footage from the night former miami dolphin rod conrad swam nine miles to safety after falling out of his boat on the coast of florida. >> how far out were you? >> about ten miles. >> you were ten miles out when you fell off. >> yes. 1 o'clock in the afternoon. >> what time is it now. >> five in the morning. >> that means he was swimming for 16 hours straight. the former fullback fell from the 38 foot boat and the boat kept on-going on autopilot. he had hypothermia and was even circled by a shark. he said to the reporters i shouldn't be here. >> wow. >> lawyers for the man convicted of murdering chris kyle and chad littlefield in a the shooting range in 2013, plan to appeal the verdict. jurors needed less than two and half-hours to find eddy ray routh guilty of capitol murder. the judge sentenced him to life in prison without the possibility of parole. we are hearing what was said in the trial including emotional testimony of chris kyle's widow. >> make sure that this guy knows that chad can be trusted 100 percent and he's comfortable. >> he said i will. and then, we loved each other. and that give our kiss and hug like we always did. >> we are hearing the chilling confession that routh made to authorities after the shooting. it was not a want to. i had to. to get out of the situation i was in. >> and joining us now. brian silver are is a former prosecutor. eric, the jury doesn't seem to think much of the insanity defense here? >> no. routh is crazy as a soup sandwich. but the jury had to decide whether it was to the level of he didn't know what was going on. and this is case right for the appeal. the judge did not move the trial or delay the trial. and that is going to be right for anhis type of a case. the judge should have delayed it to make sure in the abundance of caution to make sure the trial was fair to eddy ray routh. >> brian i can't of another criminal case in which the actual trial was unfold itting as an oscar nominated film was being shown in thethe atters? >> i agree in part and i disagree in part. it is unprecedented, i don't care which side of the case you are are on. if you are the victim or defendant, it could be a civil matter, it is unprecedented where there is a major movie appearing about the other side and sympathetic to the other side. and two days before the verdict comes in. it is nominated in the oscar for best picture. that's never happen. i am not taking away from the the horror of the case. it was a double homicide no doubt about. that but a person should have a fair day in court and a potential jury is not influenced by anything other than the courtroom. we don't try our cases in the public square. and i think personally that might be the biggest issue on appeal. >> what about that, eric? can a clever defense lawyer go to an appeal's court. yeah, my client was convicted and look at all of the publicity and release of the movie and he couldn't have possibly received a fair trial and let's do this one more time? >> yes, an appeal's lawyer will. and there is several issues to look at. just like what was just mentioned, it was an academy award type it of film. and the jury was not sequestered anded to not to avoid the academy awards and had all of the exposure in the hometown. that type of publicity is tough to overcome in a fair trial. our justice system is designed to make sure every single person gets a fair trial and i am not sure if he did. the jury did give introduce already and some of them mentioned that they saw the film and could have impacted their decision. we as a society must make sure everyone gets a trial regardless of the crime. they must get a fair trial. >> but the jury didn't deliberate two and half days or weeks. they deliberated two and half-hours. it was close to an open and shut case as i have ever seen? >> you know breaking in the thoughts of the jurors while they are deliberating is one of those things in law that consider to be a sacred thing. we can't read the tea leaves. if i was an appellate counsel i would say two and half-hours to review a double homicide in the law is equipulent of brain surgery and heart attack is fast when you consider the film was out there the whole time. i hate to say eric thank you both. >> new details on a fiery train crashing and derailment. key difference on what investigators said happen and what is said now. . to kill germs deep in my mouth i used to think a mouthwash had to burn. then i went pro with crest pro-health mouthwash. it's scientifically proven to kill 99% of germs so you move to a healthier mouth from day one. no pain. all gain. go pro with crest pro-health. shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even pian . . st of top-rated providers. visit angieslist.com today. now with the xfinity tv go app, you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. we're learning a lot more about the commuter train crash in southern california, a lawyer for the man accused of driving on to to the tracks says his truck got stuck and that he did everything in his power to get it loose before running for help. but federal investigators say the truck wasn't stuck at all. and they're trying to figure out why he abandoned it there in the the first place. the crash left dozens of people injured, four of them critically. that accident just three weeks after another train derailment north of new york city. and just like in california it happened after someone drove on to the tracks. laura wyer . >> reporter: experts say that as long as there is a hue man component, there will be always be a level of unpredictability. with an oncoming train, many drivers still trying to push their luck and beat the locomotive. they continue to work on things like audio warning systems which could actually come across a car's radio that could give drivers a heads up. the manufacturer ctc says the only way that the collisions -- >> from our best -- we close the road or we have a bridge over or an underpass. >> while campbell acknowledges there's an impractical solution there, every -- requires it's only solution to be able to come up with the best possible scenario to allow drivers to get off the tracks and with 750 railroads rolling -- that's why the group operation live saver has been working on getting out the message, see tracks, see trains. they're warning that every crossing is dangerous. reminding us that all of us should look and listen before crossing tracks. >> there were more than 12,000 crossing collisions every year, and now there are about 2,000. so that's an 83% decline. but that's of course too many. >> and this message being run in movie theaters on billboards, in train stations and trains themselves, hopefully the message is getting through. >> that psa is quite convincing. in the jonbenet ramsey case, a bolder police chief speaking out about the way that crime was handled. we're legalzoom, and over the last 10 years, we've helped millions of people protect their families and run their businesses. we have the right people on-hand to answer your questions backed by a trusted network of attorneys. so visit us today for legal help you can count on. legalzoom. legal help is here. national guard youth challenge benefit last night in d.c. i was pleased to emcee it. and tell you what it was all about. it was all for a good cause. the real story with gretchen starts now. fox news alert, breaking news today about three new york men who wanted to hop a plane and join us with isis and maybe even try to kill president obama. two of these suspects facing a federal judge in new york city, it's happening right now. the fbi tracking the men ranging in age from 19 to 30. they tracked them to brooklyn new york. after posting their support for the terror group online. i'm gretchen carlson, we're here to give you the -- two of those men were from kazakhstan one of those men made it to-- our own