in syria. those attacks and continued support of the kurdish fighters on the ground specifically in kobani, now gaining the upper hand in the battle for the key syrian border town. hello, welcome to america's news headquarters. >> the pentagon says isis has been pouring major resources into the area near the turkish border which gives u.s. pilots some big targets. meanwhile the general in charge of the u.s. led effort are tempering expectation saying not to expect overnight success in what the military sees as a long term mission on the road to ultimate victory. greg is reporting live at the turkey/syria border. greg? >> reporter: arthel and eric, the latest word from centcom, there have been 25 air strikes in the past 24 hours throughout this region. two of those air strikes hit in kobani as the fight continues. our latest word from our contacts is that there have been street battles in the center of the town between terrorists and kurdish militia, exactly where some had said that isis had been driven out. sources do tell us that 20% of the town is still being held by isis and terrorists are also said to get more reinforcements and planning yet another offensive on the town. kurdish officials say they need more heavy weapons. u.s. air strikes continued, one contact saying that the air strikes occurred right in the middle of a battle between the kurds and isis i sign their communitying with the air traffic controllers. that is a lot of bombing. and finally, there are reports too of isis shells going across the border from isis positions to turkey and there are reports late tonight that a turkish tank fired back across the border. we have into confirmation of that and no word where it hit. turkey has been very reluck ant to get in the fight. regarding the latest air strikes, breaking them down, 13 elsewhere inside syria and then 10 more air strikes against -- positions in iraq just shows you the region wide nature of this battle. back to you. >> indeed. thank you very much, greg. >> they are supposed to better protect our hospital workers in the wake of the two nurses who came down with ebola. the president weighing in on ebola and insists again there is no need to impose an ebola travel ban as some critics demanded. >> trying to seal off an entire region of the world, if that were even possible could make the situation worse. it would make it harder to move health care workers and supplies back and forth. experience shows it could also cause people in the affected region to change their travel, to evade screening and make the disease even harder to track. >> meanwhile the president is coming under fire as you may know for appointing this man, ron klain. he's a veteran government official and attorney but he has no medical background and been appointed as the new ebola czar. all of this as the cruise ship where the dallas health care worker on board now being fully monitored for the disease, still in quarn teen. alicia joining us live outside the hospital in dallas where the cruise ship passenger had worked. hi, alicia. >> reporter: yes, that cruise ship, the carnival magic is now headed back to galveston, texas and expected to dock at 7:00 a.m. tomorrow morning. and this all happened because once word got out there was a passenger that this ship is carrying that handled part of the lab work that belonged to ebola patient thomas eric duncan, that person was put in quarantine and the ship was no longer welcome in ports like belize and kozumel, this passenger is not showing any signs of symptoms but it is being done outen abundance of caution. the ship will reimburse with vouchers. here's the director of fektous diseases that returned from nigeria as part of a world health organization ebola team. >> it is a social economic problem to have a ship stopped for someone who has virtually no risk of transmitting this disease. so yes, it is an overreaction. but this is part of the problem with ebola. and that is the fear of ebola. which is a huge, huge problem in every nation of the world right now because of how dangerous the disease it is and how little is understood about how people are or are not at risk. >> today in north carolina, duncan's family is holding a memorial for him. they will focus on the good in his life, not the way he died. one of the nurses who became infected with ebola after treating duncan is in fair condition in bethesda. doctors expect her to walk out of their facility eventually. her colleague, amber vincent, also receiving specialty care and also at one of the four b biocontainment units. all of this while their employer, texas presbyterian health have having patients cancel appointments because they no longer feel safe here. >> alicia, thanks so much. >> eric, as we mentioned, president obama repeating his calls opposing a travel ban on west africa and warning americans to resist the hysteria over the deadly virus, the average or of what works for a stronger america. ellen ratner for talk news services, both are fox contributors. >> hello, president obama also is open to possibly restricting travel -- your first weigh in on the political pressure on president obama and how you think mr. obama should respond? >> obviously, there's a lot of political pressure and a lot of republicans and speaker boehner has said there should be a travel ban. i go in and out of africa as you know, i have been there in two months, but, one of the things if we impose a travel ban, those people are going to travel outside of the area, we're not going to be able to track them. they are going to go to places like kenya and a lot of these places they don't stamp your passport every time you go. you can say, i've been in kenya for six months or whatever. so, i don't think a travel ban is the smartest way to go. >> i want you to talk about this and if you feel it's more about political pressure or posturing. >> i think it's a little bit of both. i don't know why the president would feel pressure, foreigners can't vote for democrats or republicans ellen mentioned she goes out of the country a lot and so do i. we have to sign an immigration and customs form saying we're not bringing in animals, plants, fruits or vegetables. the presumgs is in a lot of countries overseas these items carry disease that are bad for plants and fruits and animals in this country. if i okay my pet overseas to the uk, it has to be quarantined to prove it's not carrying a disease. if we're so concerned about the effect of plants and fruits and animals and vegetables being imported, why aren't we more concerned about human beings importing ebola. i think that the speaker boehner and others are right, we ought to ban travel from those places, yes, there will be people who cheat but it cost more money to cheat when you have to connect through another airport to get to the united states. >> ellen, the next topic is the president, loud cries for someone to oversee the o beebol cases in the u.s., protection for health workers and president as we well know appoints ron klain. mr. klain has no health background but as the white house says he has strong management kre den sthals. your thoughts, ellen on the president's choice? >> my thoughts are that i don't think you need to be a medical doctor. cal has written a book on common sense, i put him in charge too. you do need to know just about what's common sense and who to call in. who are the experts to call in. i think the president did fine with appointing ron klain. >> would you want the job? >> i couldn't afford the pay cut, i'm afraid. the only medical background i have is taking prescription drugs and aspirin every now and then. ronald reagan named c. everett coop the surgeon general. he had tremendous background and authority when he spoke. he handled the aids crisis extremely well. liberal democrats like ted kennedy said he was wrong to oppose his nomination. this is the kind of credibility we need right now, not a political hack like ron klain. we need somebody with authority to speak with one voice. we have statements from the cdc and hospital and texas and doctors at nih. who's in charge? we have a secretary of health and human services, haven't heard a thing from the secretary on this. we need a single voice to communicate the truth and we're not getting it right now. >> we don't disagree with a single voice. i agree with cal on that. the issue is can somebody put together a single voice, does it need to be a public health professional or medical doctor? can it be someone who knows how to pull these people together? >> let's go here in closing, guys, will the handling of the ebola concern weigh voters choices during midterm elections in less than three weeks. >> i think it will actually affect midterm elections a lot. people are scared and paying attention to both what the president is doing and what the republicans are saying and doing. i do think it is going to be an issue. >> i agree, i do think that it adds to the concept and belief and incompetence of the federal government, not just the current administration, the republicans have not been all that great on this either, they voted against president obama's nomination to fill the office of surgeon general. i think there's a general feeling of incompetence in washington and either fortunately or unfortunately depending which side you're on, the person in the white house or party are the ones to pay the price. >> you get the last word because i started with you, ellen. thank you very much. >> i want to remind everybody, stay tuned for a very special kelly file investigation, ebola in america, you're going to hear from experts and see what it was like on board the frontier airlines plane that carried one of the sick nurses coming up today at 4:00 p.m. eastern. now to the mid terms, if you want to vote in texas next month, you have to show your i.d., the supreme court overnight rejected the obama administration's request to block the voter i.dy law in the mid terms. critics have claimed the law unfairly keep minorities and others away from the polls. one government study showed voter i.d. in two states, studies have shown just the opposite in other states. those who do not have a voter i.d., they can still vote by provisional ballot. we'll look at the controversial issue of voter i.d. in the next hour. >> as we mentioned just moments ago, coalition air strikes pounding the syrian border town of kobani, in an effort to save it from falling into the hands of isis, up next, jan gillerman on the big picture in the battle against the terror group. patented sonic technology with up to 27% more brush movements. get healthier gums in two weeks. innovation and you philips sonicare save when you give philips sonicare this holiday season. i'my body doesn't work the way it used to. past my prime? i'm a victim of a slowing metabolism? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend. . . i'd rather do anything else than sit at a dealership. it's a lot of haggling and it takes so long. craig's experience is completely different than mine. yeah. yes, mike has used truecar. at truecar, we'll show you how much others paid for the car you want, and how much you should. because i used truecar there was no haggling about the price. they treated me so well, and it was just such a quick, easy experience. get your car, and get back to the life you love. welcome to the future of car-buying. new developments in the case of the pennsylvania manhunt, state police with a possibility sighting. the description is consistent with that of frein, accused of killing one trooper and ambushing and badly wounding another person in the same area last month. >> isis is taking heavy casualties as us led coalition ramps up air strikes near the town of kobani, the air strikes of those kurdish forces still in kobani on the ground fighting against the radical islamic terrorists and kurds said to be winning the battle. this comes as the united nations security council called for more an of international effort against the terrorist group to be strengthened and expanded both in syria and in iraq. what does that mean, dan gillerman joins us. ambassador, when the security council is calm for more military action against isis, what does that mean to you? >> eric, you know the u.n. as well as i do. i served almost six years and you covered it very well. when the security council asks for more, it makes you wonder why more isn't really done. it's usually the security council tries to stop things from happening. and this just proves i think, that there is a feeling in the international community and around the world that too little is done too late as far as isis is concerned. isis is a virus. and in a way and i know this may sound prumt uous, it's a certain similarity between what is happening with ebola and isis. we have two cases of viruses, which were diagnosed and known about. but which were handled or mishandled badly and i think it causes a feeling around the world not only around the world but among individuals that when they are in fear of a, being beheaded or getting the ebola virus and cannot trust the government to do much about it, panic and fear spreads around the world and when you get the security council saying do something, i think it makes you wonder, why not more is being done. >> one could argue radical islamic terrorist is more of a threat to us than ebola, considering the first strike in the country was the assassination back in 1990 and it's only continued. how does the world -- can the world stop radical islamic terrorism and can the security council do enough? clearly it's gotten control and mutating like the ebola virus. >> that's very true. i don't think the security council can do much. they can -- the security council can pass a resolution but at the end of the day it is the international community led by the united states, sti the major power and super power in the world that must do something about it. i think one of the things we're witnessing today unfortunately is a perception of hesitancy, indecision and weakness on the part of the united states. and that weakness and the very tough neighborhood we live in in the middle east, even the perception and look much weakness is dangerous. >> i'm sorry to interrupt, almost out of time. do you think the coalition ground troops will be enough? >> well, you know, i'm not a military expert, but everybody i speak to says that just those air strikes are not enough. you take away a few trucks, diss billions of dollars. how long do you think it's going to take? the united states allies feel that they cannot rely on it and its enemies feel they can get away with murder and turkey has a case where they will not join the fight against isis. >> ambassador, the computer will can you tell us off. i think you for your insight. good to see you as always. dad, i know i haven't said this often enough, but thank you. thank you mom for protecting my future. thank you for being my hero and my dad. military families are uniquely thankful for many things, the legacy of usaa auto insurance could be one of them. if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life. the ultimate arena for business. hour after hour of diving deep, touching base, and putting ducks in rows. the only problem with conference calls: eventually they have to end. unless you have the comcast business voiceedge mobile app. it lets you switch seamlessly from your desk phone to your mobile with no interruptions. i've never felt so alive. get the future of phone and the phones are free. comcast business. built for business. time for a quick check of the headlines. talks are reportedly scheduled for this tuesday between the hong kong government and pro democracy protesters. the meeting is slated to be broadcast live and last two hours. this announcement comes after a confrontation between riot police and the protesters last night were 33 people were arrested. a car barrels into a wisconsin home hotel. authorities say there were two people inside the room. but thankfully they were not hurt. the driver did not suffer any serious injuries. new dash cam video released from the march dui arrest of indianapolis colts owner jim irsay from his arrest. he pleaded guilty to one count of operating a vehicle while intoxicated and admitted to prescription drugs in his system. the nfl suspended irsay for six games and fined him $500,000. well, take a look at this. check out how some base jumpers are celebrating west virginia's 35th annual bridge day festival. would you do that? >> nope. >> man oh, man, jumping hundreds of feet over the bridge. it happens to be the only day of the year, today that people are allowed to jump off it. the celebration of the bridge and the festival is billed as the largest extreme sports event in the world and nearly 100,000 see the people jump off the bridge. from that to cute animals. seattle getting a special halloween treat, part of the wood lawn park zoo, the animals are searching for hidden treats inside giant pumpkins. the zoo plans to hold the event again next weekend. >> oh, that's great. >> i love it. >> i have a reminder, stay tuned today for a special kelly file investigation. called ebola in america. you'll hear from experts who will go through the different cases, that frontier airplanes plane. that's coming up over an hour from now at 4:00 p.m. okay. voter i.d., the latest supreme court ruling, it's backed. and critics slam it. we'll have all the details when we come back. yeah, dinner sounds good. i could come by your place. my place? uhh... um... hold on. introducing the all-new volkswagen golf. plenty of room for whatever life throws at you. hello, welcome inside a brand new hour of "america's news headquarters." >> topping the news this hour, voter i.d. the latest supreme court decision now backs it. allowing texas to use it. so what is the truth about voter i.d.? we'll analyze the impact on that for the coming elections next month. also, president obama has a point man to handle the ebola crisis, but a his lack of -- but his lack of medical expertise is sparking criticism. and isis is reportedly losing ground in kobani. this as the u.s. military continues to hit the militants we even more air strikes. we will get the very latest on that fight against those terrorists. but we start here, voters in texas will need to show some i.d. for midterm elections. early voting starts there on monday. now, the court previously struck down an i.d. law in wisconsin. but allowed other restrictions to go forward in ohio and north carolina. leyland vitter has more on the impact of the laws. >> reporter: the naacp calls it an affront to our democracy. supporters of the law say it's a necessary step to prevent voter fraud and it's causing a lot of confusion a few weeks before the midterms. specifically in texas, the voter i.d. law received heavy criticism including for the law that made handgun licenses acceptable i.d. but not college i.d.s. justice ruth bader ginsburg wrote a scathing dissent saying in part the greatest threat to public confidence in the elections in this case is the prospect of enforcing a purposefully discriminatory law. one that likely imposes an unconstitutional poll tax. and risks denying the right to vote to hundreds of thousands of eligible voters. republicans have long held the law isn't discriminatory against minorities. >> the irony is we already had two elections where voter i.d. was the law of the land and there wasn't a change in the minority turnout. >> arkansas supreme court's overturned that voter i.d. law and north carolina and ohio have been in court over their voter access laws. the supreme court blocked wisconsin's voter i.d. law. one research project showed about 300,000 eligible voters, roughly 9% in wisconsin didn't have i.d. it showed the governor's race is virtually tied. >> thanks a lot. leyland vitter from our washington newsroom. well, rick perry now calling for a travel ban from those western countries that are stricken with ebola. you know, the governor previously stopped short of joining some other republicans in urging for that travel ban. but he says the recent evens that are happening in his home state of texas, well, that's changed his mind. a liberian died of ebola last week and two nurses who treated him, mr. duncan, well, they have contracted the virus. one of the nurses, nina pham is being treated at the institutes of health clinical center in maryland. >> you have to remember that she has been under our care for less than 12 hours so we are taking a conservative assessment at this point. >> meanwhile, that health worker from -- who was caring for mr. duncan at that hospital, well, the healtcaribbean cruise ship. the worker handled a lab specimen from mr. duncan. the officials say that that worker, well, has shown in signs of the virus or the illness at all. that worker allegedly just carried some of the vials of thomas duncan's blood but that still has caused that worker to two into the quarantine on that ship. that ship remains out on the water, mexico will not let it dock in mexico. so this cruise ship returning to the united states. okay. meanwhile, president obama is answering the calls to appoint a so-called czar for ebola. his pick is ron klain former chief of staff to vice president joe biden and al gore. and now that choice of a political aide is kicking up a firestorm as president obama kicks up his own frustration. >> arthel, we know what changed the president's calculus when it comes to dealing with the ebola crisis. it was that second sick nurse getting on a frontier airlines flight. because aides are telling "the new york times" that brought the danger out of the hospital and into a very public place. and the president is not pleased with mixed messages that the cdc has been sending and that at a recent meeting the president complained about the government's response to ebola so far, saying quote, it's not tight. none of the president's private frustrations have been seen publicly though and the president's goal has been to soften any public concern about widespread ebola outbreak. in fact, he used today's weekly address to remind americans there are more than 300 million people in this country and only three have gotten ebola here. the president is now explaining why he doesn't think a travel ban would work. >> trying to seal off an entire region of the world, if that were even possible, could actually make the situation worse. it would make it harder to move health care workers and supplies back and forth. >> reporter: and the reassurance from the white house comes amid questions from lawmakers on capitol hill about why the president picked a person with an extensive political backgrou background, to lead the efforts on a tricky medical issue. >> the appointment of mr. klain who has no experience whatsoever on this or any other medical issue is a lobbyist and a democrat an arap chick does not fill the role because he doesn't have experience or background in medicine. >> reporter: klain is not on the job yet and he held a meeting with top advisers yesterday about ebola. they gave us a list of 21 people who were invited and ron klain, not on the list. >> all right, peter doocy. thank you. and the kelly file will look at the continuing ebola situation. one of the guests dr. ben carson. he told megan that we need to be prepared for the worst. >> we have an epicenter in western africa of an incredibly deadly disease. we need to get together international coalition, but we don't want to wait and we need to move our forces in there. we need not only to contain it, but eradicate it there. if it spreads across that continue end in and into the middle east and then subsequently into south and central america it doesn't matter how wonderful the protocols are that we have from cdc. doesn't matter how much our experts know. we'll be inundated with cases. we have to think about the worst case scenario. >> it's complicated and controversial and megyn kelly will look at all of this, coming up under an hour from now. the investigation, "ebola in america" here on the fox news channel at 4:00 p.m. and kurdish troops regaining more territory in the syrian town of kobani as u.s. air strikes continue to hit isis terrorists ahead of the u.s. central command reporting the air strikes this week have killed hundreds of isis fighters there. but kurdish officials saying their troops still need more weapons, ammunition to save the town. isis has been trying to seize kobani since mid september. well, the two tragic victims of isis beheaded have been honored and remembered. here in new hampshire a public memorial service being held to rep the life and work of journalist james foley. his family chose to hold that service today because it would have been mr. foley's 45th birthday. as you may know, he was working in syria when he was captured by the isis militants nearly two years ago. he was beheaded in august, becoming the first american killed by the islamist terrorists in response they claimed to the u.s. air strikes against them. meanwhile, the family and friends of david haines held a celebration of his life. they were gathering for that in perth, australia, where he grew up. he was 34 when he was murdered savagely by isis after he was held by them for more than a year. this as isis now threatens to behead even more hostages. well, fox has learned there has been a possible eric frein sighting. the authorities also say a man spotted in the pocono mountains last night is believed to be eric frein. >> police choppers and the search teams are looking in and around that golf course for the suspected cop killer. sources say there has been a possible sighting of frein near the second hole. now this comes after a highly credible sighting of him last night. less than five miles away in swift water. a woman was walking along the road when she came within 15 to 20 feet of a man dressed in all black near pocono mountain east high school. the 31-year-old attended that school. >> individual description was consistent with frein. he was observed carrying a rifle. the individual's face was covered with mud and so a positive identification could not be made. >> he is described as a survivalist and so far, they have found abandoned weapons, pipe bombs with trip wires and abandoned camp sites and even handwritten notes describing the fight he allegedly ambushed two pennsylvania state troopers killing corporal bryan dickson and wounding another one. home owners have found blood on two porches. it's unclear if it's frein's. investigators have called in behavioral scientists to try to figure out his next move and they believe he could strike again if he gets a chance. the pennsylvania governor reiterated today they will not rest until he's found. there's $175,000 reward for any information leading to frein's capture. day 37 of this search. arthel? >> day 37. brian innis, thank you so much. we have a fox extreme weather alert. man oh, man, it's a state of emergency as the hawaiian islands are bracing for hurricane ana. bringing heavy rain and waves so big, even the locals were in shock. >> we just came down to see the water and what was happening. before it got too bad that we had to be indoors. it's spectacular. i have never seen anything like it before. >> well, janice dean is in the weather center with the very latest. >> well, it could have been worse. a couple of days ago we were talking about a direct hit from ana. thankfully, the storm is south of the islands but still bringing some gusty winds, some rain and some pretty big surf. you shouldn't be out there if you floor -- if you're in the path of this. winds are moving north and the storm is south of this area but we'll see the rain bands, heavier rain showers and gusty winds. tropical storm watches and warnings are posted for the area as the storm continues to move northward and westward. and there's the forecast rainfall. they could get several inches of rain over the next couple of hours. it's strengthening as it moves northward, but away from land. of course we were watching hurrica hurricane gonzalo. look at the wind gusts in excess of 125 miles per hour. st. david, bermuda airport, 96 miles an hour. it can brush newfoundland and affect europe in the next couple of days. and we have tropical storm trudie. it never ends. this is impacting the beautiful beaches of acapulco and we could see the potential for over a foot of rainfall into the gulf of mexico. some of this moisture toward the gulf coast. but mudslides are the concern and then if i could, we could be dealing with a nor'easter across the northeast wednesday through friday. that time of the year from the tropics to maybe a little bit of snow across the northeast on friday. eric, back to you. >> oh, janice, everything everywhere. >> everything except the kitchen sink. >> that's coming. >> she likes to keep busy. well, people in one state will need to carry i.d. if they plan to vote in the midterms. we'll talk about this ruling and others by the supreme court and the impact on the upcoming elections. it's a new day and a new beginning for the only church that was destroyed on 9/11. >> it's going to remain as that place in the midst of everything, that place of silence and that place of peace. 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(all) awesome! i love logistics. voter i.d. backed by the latest supreme court ruling. voters in texas will now need to show voter i.d. when casting ballots in next month's midterms. they have allowed some parts of the law in ohio and north carolina. and in north carolina it features a tight race for the senate. and this voter i.d. a very controversial issue, does it help elections or hurt? jamie weinstein is senior edit over the daily caller. this ruling came out overnight and it follows the big one in 2008 when the supreme court ruled in indiana that voter i.d. is legal, it's constitutional and can help ensure the integrity of the country's elections. what do the conflicting rulings now mean? >> i'm not so sure they're so conflicting even though they look like they may be. the ruling in texas as well as in wisconsin earlier this month and in ohio and north carolina, basically upheld what they thought of as the status we do going into this election. they didn't want to upend kind of the election law and change it right before the election and have to have all the poll workers retrained and what not. it didn't rule on kind of the illegality of the issue at hand. they wanted to keep the election law as is going into the election. i think there's some consistency in that. but what this will going forward is unclear. i think the laws will still be challenged, but as you mentioned in 2008 the supreme court ruled in an indiana case that voter i.d. laws are in fact constitutional. >> yeah. the g.a.l. claimed that the lowout was lowered in two states but others said it increased in georgia and in south carolina. supporters say it stops voter fraud and opponents say it suppresses the minority vote. the states say you can vote anyway, you can have a provisional ballot. >> exactly. you can get a provisional ballot. you have i think in texas the law states six days to come and show that you have some sort of i.d. i think the reality is a lot of people on the right especially see this argument that voter i.d. laws are the modern day jim crow and that's what the other side often argues is kind of the soft bigotry of low expectations. why can't minority voters act like other voters and get voter i.d. law -- i.d.s in order to vote? in texas which is considered the strictist voter i.d. law in the nation they allow for seven different types of i.d.s. and it seems like not an undue burden to ask voters to get i.d. we ask them to get i.d. for buying cigarettes or going to see president obama speak in the 2012 elections. at certain events you needed to do that. it doesn't seem too high of a burden to ask voters to get an i.d. in order to go to the polls, at least to ensure that voter fraud is not going on. some would argue it's not a serious problem, but it does seem like a safeguard against a voter fraud especially in elections that could be close. >> the critics say 300,000 people won't be allowed to vote, but you laid out the plan where can have seven different types of i.d. take a look at what the secretary of state had, votes of voter disenfranchisement proved false as the november 2012 turned out. the second highest in rhode island history. no one was denied the right to vote for a lack of voter i.d. so if it works in rhode island, why wouldn't it work anywhere else? why don't people get that message? >> in the indiana supreme court case, the one that ruled voter i.d. constitutional, the plaintiffs had trouble coming up with anyone showing witness -- witnesses showing that people were actually having trouble going to the polls and voting or dissuaded from voting. i should mention an argue on the right against voter i.d.s and for political reasons. rand paul has suggested it might not be worth the problems it causes politically to push voter i.d. laws. if they're causing a potential african-american voters to turn off the gop, if it's preventing the conversation. there are some arguments on the right against the voter i.d. laws. but tend to be political arguments that they prevent the gop from the minority outreach to get african-american voters to least listen to their arguments to get more to come to vote for the gop. >> sounds like a checker boarded situation right now. of course the states will be on it to make sure that everyone has the right to vote whether there's voter i.d. or not. jamie weinstein, thank you. >> thank you. of course the midterm elections a big topic tomorrow morning. congressman paul ryan will be a guest with maria bartiromo. that's at 10:00 a.m. maria is going through all the electionss midterms with paul ryan and maybe she'll talk about the budget. >> she's always on top of it. well, a blessing held for greek orthodox church. it was the only church destroyed in the 9/11 terrorist attacks and today marks the beginning of a new building project. lauren green has the story. >> reporter: on september 11, 2001, when the world watched the twin towers fall, little news of the greek orthodox church that stood in the shadows. 100 years of history was erased. >> the church was symbolically destroyed which somehow showed this act of terrorism need not only take human lives, but innocent people, of all faiths and all origins. but also took the only religious building existing there. >> reporter: 13 years later it is set to rise again. it will be christened as a national shrine. >> it will remain that place of silence, that place of peace. >> reporter: overlooking the 9/11 memorial, the new church is a short distance from the original site. and while traditional greek orthodox services will be held it will be more than a place of worship. >> the mission of the church is to be open for all people, regardless of religious or nonreligious thoughts or beliefs to come to this place to light a candle, to go upstairs to the bereavement center, to sit and reflect and think and process that which is only hundreds of feet away, to process what happened here. >> reporter: the structured dome is characteristic of greek orthodox tradition dating back to the byzantine era and as high as sophia in turkey. 12 other architects were beat out and $7 million has been raised with the help from donations from around the world. >> this is a cost, this is something that ties back to each and every one of us who remember where we were on that day. >> reporter: the new st. nicholas is expected to open by 2016 which marks the church's 100th anniversary. in new york, lauren green, fox news. >> so meaningful that finally that church will reopen. >> indeed. absolutely. well, coming up, the police officers sometimes they only have a few seconds to make a decision that could be the difference between life and death. but up next, a new high-tech simulator that's helping the officers sharpen those instincts in realtime. and this, eric, an attorney called out by a judge for bringing her baby to court with her. the attorney claims she filed a request to move the hearing but was denied. was she to blame or did the judge too far? we'll debate that. >> the judge did not like her being there and basically embarrassed me in front of a full courtroom. nothing beats america's favorite chocolate chip cookie. nestlé toll house made with real butter, eggs, and brown sugar for that scratch made taste. well now you can bake as few or as many as you please. frozen and ready to bake, new nestlé toll house frozen cookie dough is made with wholesome ingredients like the original recipe and lets you bake just the batch you want. so bake the world better, and turn any moment into a warm cookie moment. find them in the frozen aisle. nestlé. good food good life. it's the bottom of the hour. health officials in ohio are now monitoring more than 100 people at an apartment complex, visited by a dallas nurse who tested positive for ebola. amber vinson was part of the team treating an ebola patient who was hospitalized for the virus one day after flying home from cleveland. indianapolis police meanwhile releasing dash cam of footage from the night colts owner jim irsay was arrested for a dui back in march. irsay has pleaded guilty to incident and sentenced to one year probation. and base jumpers are celebrating west virginia's 35th annual bridge day festival by jumping hundreds of feet off the new river gorge bridge. it's billed as the largest extreme sport in the world, attracting nearly 100,000 people. shoot or don't shoot? you know, that's the split second decision that some law enforcement officials have to decide. now, a new training program that's designed to help make that decision easier and the right one for officers. chris blanchard from fox 11 l.a. has the story. >> what's going on? don't worry about it. >> reporter: it's called the vertra v-300 sig ymulator. it has realistic sounds. and more than 100 real life scenarios. this one a man with a gun. the deputies have no idea what's coming. they have only a split second to adjust. the assistant sheriff todd rodgers says the $200,000 system is the latest innovation in shoot/don't shoot situations. >> it's emphasizing the command presence. the less lethal options and deadly force if they have to. >> reporter: real weapons are used. modified to hold compressed carbon dioxide to simulate recoiling action. in this scenario, a man holds a gun on his wife. do you shoot? you hesitate. he doesn't. follow-up fire takes him down, but did you notice there's a baby on the counter behind the gunman? >> if you're a little late on that shot, might go right into the baby. >> reporter: during the exercise, deputies wear a device called threat fire that gives them an electrical charge if they are hit. >> the threat fire to enhance the stress and the realism of the training. >> reporter: here in a school shooting scenario. a cop walks into the library. in this one, it's a house call on a domestic disturbance. keep your eyes on the harmless man in the wheelchair. all 9,000 deputies will go through this training on a two-year rotation. the l.a. county sheriff's department has been involved in 40 shootings a year. >> really looks real. besides the scenarios we saw, others are ambush attacks, active shooters and even traffic stops. okay, so here's the story. an attorney in atlanta who is a new mom says she was forced to bring her baby to court. that's to work, after an atlanta judge refused to delay her hearing. stacy michels claims she had no one to watch her 4 week old daughter but the judge said that was not an excuse and went so far as to scold the new mom. >> he said your pediatrician must be appalled you brought your daughter to court here and exposing her to the germs. who knows what kind of germs are here today. yeah, that was -- that took the cake. >> okay. so our legal panel here is. fox news analyst david schwartz and former prosecutor, good to have you both. be the -- by the way, the lady, the attorney, checked with her doctor. the doctor said sure, you can say bring the baby to work, she had the baby facing out for court, but in court the baby should be facing her. so let's just go there for a second with you, miss marcedes. did the judge do the right thing? you're on maternity leave, we can wait to have this hearing until you get back to work? >> we're talking immigration courtroom, which is obviously the docket is greater. there are deportation hearings, the two individuals that don't have a status. they're here, unauthorized to be in the united states. there's a reason that the judge said no, we need to have you here. if you as counsel can't represent the individuals because you have personal issues, if you have children -- i have two children, i know what sacrifices i made when i had clients and i have clients that i represent. i don't sacrifice my clients in any way and i don't bring in i children to court if i have those types of hearings. know what your responsibilities are. this judge did the right thing. they were these exigent circumstances. sorry. >> of course not her clients -- the two individuals, they're brothers that marcedes is representing, i'll wait for you to take your maternity time. i'd rather sit in jail than go back from whence i came. >> it's about respect for the justice system and respect for the litigants and for the attorneys in court. forgetting about the family leave act for a second, basic respect by a judge was not shown here. and it tells me and it really makes my blood boil because i see this all the time unfortunately. there's a lot of bad judges out there. a lot of great judges, a lot of bad judges. we need to get these bad judges off the bench and this judge who showed no respect for anyone in that courtroom including the litigants should be removed from the bench. >> so you're saying that the judge made the wrong call? the judge made the wrong call? >> well, no, he did adjourn the hearing at the very end after treating everyone with utter disrespect. the ultimate call was correct. he adjourned the hearing at the end of the day. but you don't act like that in a courtroom. >> well, david, you're a great lawyer, if you know you're out for a period of time and you take on a case and you know the schedule, why wouldn't you say, don't worry about it, the judge will give me a pass. you know the judges don't always do the right thing. if you can't do it because of maternity leave or paternity leave, don't take that case. >> in case the viewers missed the point, the judge did say we can make until after your maternity leave but that wasn't until they were in court and the attorney was scalded. >> because she was less than six weeks old, i couldn't put her in the daycare. i don't have any family in georgia to help me out. i'm new to georgia so i don't have friends or saup port network here. >> she said she's new to georgia and her husband, he travels for a living. so he was out of state. that's why she had to bring her daughter who is 4 weeks old, too young to go to the daycare. >> it's a three-week adjournment. i understand what you're saying, but it's a three-week adjournment. no matter the circumstances, i don't think they was compromising her client that much with asking for a reasonable three-week adjournment. it happens all the time in court. to go through all of this nonsense and for the judge to do this, to have disrespect for the litigants and the attorneys is just reprehensible on his part. >> she's got a lot of air time. she was on national network, out there saying look what happened to me. i had to come with my baby. the baby is adorable by the way. so cute. but that's part of it. were there other attorneys? are there other attorneys in your firm that could have handled it? how many times as the vice of your client that judge is going to say, i'm pissed at you so i'm going to take it out on your client. you go and take that risk when you make those type of demands. >> that's true. the immigrants in this case, what do they have to hold on to? all they have is their lawyer. they have their attorney to hold on to. so now they come to court and see their attorney being ripped into this by the judge. what hope does anyone have in court when they see their attorney is being treated so unfairly. >> they were psyched, great, we can stay in this country. we won't get deported for another three weeks. >> they got what they wanted in the end but getting to that point was unconscionable. >> i love this debate. oh, by the way, when you said bad judge, have you seen kate walsh's -- >> a lot of bad judges. >> we'll see you next time. >> thanks so much. well, the big question today as it has been in the past couple of weeks -- can kobani be saved? you know, the u.s. led coalition wrapping up attacks on isis today. but they average about seven air strikes a day. is that enough? should there be more? how can kobani be saved? we have more when we come back. so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees, from the bank where no branches equals great rates. i had tried to do it in the past.ng with chantix. i hadn't been successful. quitting smoking this time was different because i talked to my doctor and i... i got a prescription for chantix. along with support, chantix (varenicline) is proven to help people quit smoking. it was important to me that chantix was a non-nicotine pill. the fact that it reduced the urge to smoke helped me get that confidence that i could do it. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. i am very proud. i love myself as a nonsmoker. ask your doctor if chantix is right for you. ♪ save your coffee from the artificial stuff. ♪ switch to truvia. great tasting, zero-calorie sweetness... ...from the stevia leaf. now to the fight against radical islamic terrorists of isis. the u.s. military has conducted 425 air strikes in the fight against that group and that's an average of seven air strikes a day. critics say that is not enough to fulfill the president's promise to degrade and destroy isis. during desert storm we averaged 1,100 air strikes a day. but the head of the u.s. central command said the u.s. strategy so far will be successful. >> but i will note we have been careful in how we have gone about conducting strikes because we want to avoid unnecessary collateral damage. had we killed a lot of innocent civilians in specifically sunni areas, i think that it's fair to say that we would be in a much different place at this point. but because we have done this the right way, we've secured the support of our sunni arab partners in the region and together we are making progress. >> what's different now? lisa daftari joins us now. it seems remarkable. usually in the past we have seen the horrible video. hamas has used it of civilians who have been killed but we don't see that in kobani. why, and does that deny isis an important propaganda victory? >> because they would use it if they had it. that's what makes this operation very different. no two operations are alike. i don't think it's fair to say we don't have as many air strikes, therefore it's not as successful a campaign. there are obviously other criticisms to make about the campaign. should there have been more air strikes to destroy and degrade isis? no. here's where we have to be very careful and delicate about this operation. we don't have civilian casualties in syria and there's already resentment on the part of the syrians. many of the syrian rebels, the same ones that we are relying on to be our partners on the ground, they're resentful of this coalition. they look to the u.s., they look at their arab neighbors and say where were you when we were fighting bashar assad? had you stepped in then you wouldn't have made syria a breeding ground for jihadi terrorists like isis. now you're only stepping in to defeat isis. >> one of the tragedies of this, assad is still using the barrel bombs. they're throwing them out of the air planes and planes in aleppo and killing people. as we see the damage in the strikes in kobani, a lot of the people thankfully have escaped. the u.n. said there could be a massacre and luckily so far that hasn't happened. >> again, we are dealing with a risk aveshs -- risk averse administration dealing with the situation and always regarding counterterrorism and foreign policy we have had a reactive administration instead of a proactive one. what does that mean? it means isis is on fast forward and we are on slow motion. because isis in the meantime recruiting, getting the technology, taking over armored vehicles, and the people on the ground -- >> stole all the stuff from the iraqi army. >> absolutely. >> and at the same time, being reactive we don't have american boots on the ground. should our daughters and our sons be sent in combat to kobani? >> no, but then the criticism is who is our partner in this coalition, in this fight -- >> not turkey. they're right over the border -- >> it's the people we don't want to kill in the air strikes. what does that mean for the u.s. and the coalition? if we're counting on the people on the ground, there should be better coordination and we have to provide the support for the kurds who are asking for it. for the iraqis and the sunnis who we're counting on. again, this is a long term strategy going forward, not short term. we want to take the rebels to saudi arabia and -- >> it will make more than a year. >> right. >> do you think kobani can be saved in that time? >> i talked to the army this week and they're doing a good job of keeping kobani the way they can protect it. but they need more weapons and they need more technology because the only part where they can't on par with isis is with regards to the technology. >> so far we haven't been giving it to them. lisa daftari, thank you. well, a 5-year-old boy has quite a gadget for show and tell. a brand new bionic hand. wait until you hear how it's made. ♪ [ female announcer ] we love our smartphones. and now telcos using hp big data solutions are feeling the love, too. by offering things like on-the-spot data upgrades -- an idea that reduced overcharge complaints by 98%. no matter how fast your business needs to adapt, if hp big data solutions can keep wireless customers smiling, imagine what they can do for yours. make it matter. . . so i'm the one living with type 2 diabetes. and i've listened to the tips, the trends and have-you-tried-this. now, i'm ready for someone to listen to me. welcome to fit2me.com, your free custom-fit, diabetes support program that actually listens to you. start building your fit2me program today using key areas of diabetes management. let's start with food. mexican? asian? italian! want recipes that reduce calories? or carbs? which activity feels more like you? cardio? or couch curls? choose a digital coach. tough love? or a gentle nudge? you can even get a tool kit with treatment options to discuss with your doctor. fit2me also inspires you through games and team challenges. so what kind of plan will i stick with? my plan! get your plan. go to fit2me.com and enter the on-screen code word to get started. here's liz trot that with her weekly commentary. >> lost in the coverage of the ebola breakout, news agencies have paid attention to the latest on bo berg dahl. he's the quirky army private who in 2009 walked off his post one starless night in afghanistan. accidentally or willingly, he wound up a prisoner of the taliban for five years. a riveting video of his release to u.s. forces last may underlined a vigorously disputed swap for bergdahl for five terrorists in guantanamo. since then berg dahl has been under wraps, reportedly undergoing psychological therapy and one hopes answering some pointed questions about his journey into the night. many, including a half dozen of his former platoon meats say that berg dahl is a traitor, a deserter. he's reported in saying that he's ashamed to be an american, that he wanted to leave his outpost and walk through the mountains. last week the pentagon said that a report on his activities which was due in mig august is now postponed indefinitely. operation stonewall began early in this dramatic tale of a soldier gone wrong. within week of berg dahl's release last june, army additionals announced we have no reason to believe that he engaged in any misconducts. that whitewash came just three weeks after obama's national security adviser, susan rice, described or perhaps exonerated bergdahl as one who has served with honor and distinction. ms. rice has a knack for mucking up a crisis. mr. obama needs a better fall guy. should such early clearance in the investigation make way for what is shaping up to be a coverup. it was clear that the president wanted to exonerate private bergdahl well before the investigation began. who can forget the bizarre reception of his parents in the rose garden when bergdahl's father appeared standing with the president wearing a long beard thanking the taliban. the rose garden fiasco alone make it impossible for the president to admit that he honored the family of a traitor. the command is supposed to present evidence as to whether the taliban's trophy deserted or went a.w.o.l., absent without leave. that they will risk crossing a still sitting commander in chief isn't likely. this is not all about politics and an attempt to quash the report of bergdahl until after the mid-term elections. this is about a president whose actions often stir deep suspicions about his view of islam and of his own country. now time for a really heartwarming story in texas. you know one little guy feeling more like ironman today. take a look at five-year-old keith hairris. he was born with a rare condition that left him with a hand that never fully developed. his mom reached out to two organization that help maryland. they developed a special 3-d printed hand just for keith. now mom says keith's personality has really come alive and keith is just happy to have a new hand. and engineering student at the local high school is studying the hand to help others. >> he's even more special now. what a nice young man. well that is going to do it for us. i'm so glad you could join us on this saturday afternoon. >> we're staying 0 on the situation with ebola and isis all through the day. coming up next, a special "kelly file" investigation, "ebola in america." that right here on the fox news channel. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your future? 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